Laguna Hills City Council
December 12, 2023

• A list of all boards, commissions, and committees whose members serve at the pleasure of the legislative body and the necessary qualifications for each position.

A Local Appointments List for the City of Laguna Hills is attached. After the City Council acts to affirm the list, a copy of the list will be posted on the City's website, at City Hall and in the Laguna Hills Branch Technology Library at the Community Center.

ATTACHMENTS:
• Local Appointments List

4.7 Packet Pg. 234
City of Laguna Hills

LOCAL APPOINTMENTS LIST
Ongoing Commissions, Boards, and Committees
(Pursuant to Government Code §54972 et seq.)
Planning Agency
City Council Members
established by Ordinance No. 9 and Laguna Hills Municipal Code Section 2-28.010 The members of the Laguna Hills City Council shall serve as members of the Planning Agency.

Planning Agency of the City pursuant to Government Code §65100 to carry out the purposes of Government Code Title 7. Planning and Land Use.

Appointee Date Appointed Term Expires
Janine Heft 12/13/2016 12/10/2024
Erica Pezold 12/11/2018 12/08/2026
Dave Wheeler 12/11/2018 12/08/2026
Don Caskey 10/26/2021 12/10/2024
Joshua Sweeney 12/13/2022 12/08/2026
Parks and Recreation Commission
Five Members, Four-Year Staggered Terms
established by Resolution No. 92-04-14-5
amended by Resolution Nos. 96-02-13-1; 2005-09-13-1; 2006-01-10-1; 2009-08-25-4 All Commission Members, at all times during their incumbencies, must be a bona fide resident and registered voter of the City of Laguna Hills.

Advisory commission to the City Council pertaining to parks, recreation facilities, and recreational programming to balance community wants with municipality responsibility and resources.

Appointee Date Appointed Term Expires
Sanjay Mathur 01/18/2022 01/31/2025
Patricia Thee 01/26/2021 01/31/2025
Chris Bieber 05/23/2023 01/31/2027
Marc Trocchio 05/23/2023 01/31/2027
Michael Zozaya 05/23/2023 01/31/2027
Traffic Commission
Five Members, Four-Year Staggered Terms
established by Resolution No. 92-02-25-4
amended by Resolution No. 2005-09-13-2
All Commission Members, at all times during their incumbencies, must be a bona fide resident and registered voter of the City of Laguna Hills.

Advisory commission to the City Council pertaining safe and efficient movement of traffic, including pedestrians and bicycles, upon existing streets, roads and highways of the City.

Appointee Date Appointed Term Expires
Manuel Hernandez 03/10/2020 01/31/2025
Mark Schaff 02/09/2021 01/31/2025
Michael Caputo 06/14/2022 01/31/2025
Neel Patel 05/23/2023 01/31/2027
Vacant 01/31/2027

4.7.a
Packet Pg. 235 Attachment: Local Appointments List (3364 : Affirmation of Appointments List for City Boards, Commissions, and Committees) Audit Committee
City Manager (or designee) and Two City Council Members established by City Council Action on March 14, 1995 and City Council Policy No. 105 Committee Members must be a current member of the Laguna Hills City Council.

Advisory committee to the City Council for the purpose of providing a direct line of communication between the auditor and the City Council.

Appointee Date Appointed Term Expires
Joshua Sweeney 1/10/2023 Unlimited Term
Don Caskey 12/14/2021 Unlimited Term
Events, Communication, and Beautification Committee
Two City Council Members
established by City Council Action on June 28, 2022
Committee Members must be a current member of the Laguna Hills City Council.

Advisory committee to the City Council for the purpose of making recommendations on projects designed to maintain and enhance the appearance of public areas within the City, conduct research on communications programs, and develop and implement community events.

Appointee Date Appointed Term Expires
Erica Pezold 06/28/2022 Unlimited Term
Janine Heft 06/28/2022 Unlimited Term
Economic Development Committee
Two City Council Members
established by City Council Action on June 28, 2022
Committee Members must be a current member of the Laguna Hills City Council.

Advisory committee to the City Council for the purpose of promoting and supporting local businesses and encouraging a strong economy within the City.

Appointee Date Appointed Term Expires
Dave Wheeler 06/28/2022 Unlimited Term
Don Caskey 06/28/2022 Unlimited Term

4.7.a
Packet Pg. 236 Attachment: Local Appointments List (3364 : Affirmation of Appointments List for City Boards, Commissions, and Committees) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: December 12, 2023
TO: Mayor and Council Members
FROM: Jennifer Lee
City Clerk
ISSUE: 2024 City Council Meeting Calendar
RECOMMENDATION: That the City Council adopt the proposed 2024 City Council Meeting Calendar.

SUMMARY:

In order to facilitate the preparation of agendas, as well as to provide adequate time for City Council Members and staff to plan schedules, it is helpful to review the City Council Meeting Calendar for the upcoming year. Attached is the proposed 2024 City Council Meeting Calendar. The City Council, with proper noticing, can decide to adjourn a regular meeting to a specific date and time prior to its meeting or call a Special Meeting, if the need for such a meeting arises. Please note that the second meeting in July, first meeting in August, and second meeting in December are, in regular practice, not held.

The meeting on November 26, 2024, has been listed as a dark meeting due to the fact that the second meeting in November has been cancelled the past two years.

Additionally, the second meeting of remaining months may be subject to cancellation if the City Manager determines there are not sufficient items to justify a meeting.

ATTACHMENTS:
• 2024 City Council Meeting Calendar
• 2024 City Council Meeting List

4.8 Packet Pg. 237
January February March

S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 1 2 3 1 2
7 8 9 10 11 12 13 4 5 6 7 8 9 10 3 4 5 6 7 8 9
14 15 16 17 18 19 20 11 12 13 14 15 16 17 10 11 12 13 14 15 16 21 22 23 24 25 26 27 18 19 20 21 22 23 24 17 18 19 20 21 22 23 28 29 30 31 25 26 27 28 29 24 25 26 27 28 29 30
31 April May June

S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 1 2 3 4 1
7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8
14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29
30 July August September

S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 1 2 3 1 2 3 4 5 6 7
7 8 9 10 11 12 13 4 5 6 7 8 9 10 8 9 10 11 12 13 14
14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21 21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28 28 29 30 31 25 26 27 28 29 30 31 29 30
October November December

S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 1 2 1 2 3 4 5 6 7
6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14
13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31
City Council Meetings
City Council Recess
City Holidays – City Hall Closed
2024
City Council Meeting Calendar
Standard City Council Meeting Schedule:
2nd & 4th Tuesday of each month, at 7:00 p.m., in
the Laguna Hills Council Chamber, located at:
24035 El Toro Road, Laguna Hills, CA 92653
Meetings are dark on Holidays and during Council Recess City Hall is closed on the following holidays:

New Year’s Day
President’s Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving and day after
Christmas Day through
New Years Day

4.8.a
Packet Pg. 238 Attachment: 2024 City Council Meeting Calendar (3363 : 2024 City Council Meeting Schedule) Calendar 2024
January 1 New Year’s Day Holiday (observed)
City Hall Closed
January 9 Regular City Council/Planning Agency Meeting
January 23 Regular City Council/Planning Agency Meeting (subject to cancellation)
February 13 Regular City Council/Planning Agency Meeting Public Improvement Corp
February 19 Presidents Day Holiday
City Hall Closed
February 27 Regular City Council/Planning Agency Meeting (subject to cancellation)
March 12 Regular City Council/Planning Agency Meeting
March 26 Regular City Council/Planning Agency Meeting
(subject to cancellation)
April 9 Regular City Council/Planning Agency Meeting
April 23 Regular City Council/Planning Agency Meeting
(subject to cancellation)
May 14 Regular City Council/Planning Agency Meeting
May 28 Regular City Council/Planning Agency Meeting
(subject to cancellation)
May 27 Memorial Day Holiday
City Hall Closed
June 11 Regular City Council/Planning Agency Meeting
June 25 Regular City Council/Planning Agency Meeting
(subject to cancellation)
July 4 City’s Fourth of July Celebration
City Hall Closed
July 9 Regular City Council/Planning Agency Meeting

4.8.b
Packet Pg. 239 Attachment: 2024 City Council Meeting List (3363 : 2024 City Council Meeting Schedule) July 23 Regular City Council/Planning Agency Meeting
Dark Meeting
August 13 Regular City Council/Planning Agency Meeting
Dark Meeting
August 27 Regular City Council/Planning Agency Meeting
September 2 Labor Day Holiday
City Hall Closed
September 10 Regular City Council/Planning Agency Meeting September 24 Regular City Council/Planning Agency Meeting (subject to cancellation)
October 8 Regular City Council/Planning Agency Meeting
October 22 Regular City Council/Planning Agency Meeting (subject to cancellation)
November 7 General Municipal Election
November 11 Veterans Day Holiday (observed)
City Hall Closed
November 12 Regular City Council/Planning Agency Meeting November 26 Regular City Council/Planning Agency Meeting Dark Meeting
November 28-29 Thanksgiving Holiday
City Hall Closed
December 10 Regular City Council/Planning Agency Meeting City Council Reorganization
December 24 Regular City Council/Planning Agency Meeting Dark Meeting
December 24 -31 Christmas Holiday
City Hall Closed

4.8.b
Packet Pg. 240 Attachment: 2024 City Council Meeting List (3363 : 2024 City Council Meeting Schedule) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE:

TO:

FROM:

ISSUE:

December 12, 2023
Mayor and Council Members
Joe Ames, P.E., T.E.

Public Works Director/City Engineer
Proposed Second Amendment to Civic Center Office Lease with Agatha Global Tech, LLC, a California Limited Liability Company, for 24031 El Toro Road, Suite 304, Laguna Hills, California
RECOMMENDATION: That the City Council: 1) Approve the second amendment to the lease agreement with Agatha Global Tech, LLC, a California limited liability company, for 24031 El Toro Road, Suite 304, Laguna Hills, California; 2) Approve the "Assignment and Assumption of Lease and Consent of Lessor;" 3) Authorize the City Manager to make minor modifications, as necessary, to the second amendment to the lease agreement and the "Assignment and Assumption of Lease and Consent of Lessor;" and 4) Authorize the City Manager to execute the second amendment to the lease agreement and the "Assignment and Assumption of Lease and Consent of Lessor." SUMMARY:

City staff and the Civic Center property management company, Essex Realty Management, have negotiated a three-year lease renewal with Agatha Global Tech, LLC, a California limited liability company, for 24031 El Toro Road, Suite 304. Agatha Global Tech (“Lessee”) currently operates a financial services business. The second amendment to the lease agreement is presented for City Council approval.

The managing member of Agatha Global Tech, David Novak, has been leasing Suite 304 under the business entity, First American Advisors, Inc., since 2017. First American Advisors, Inc., has been dissolved and Agatha Global Tech, LLC, was created as the successor company. With the renewal of this lease, an “Assignment and Assumption of Lease and Consent of Lessor” has been executed by the Lessee to formally recognize

4.9 Packet Pg. 241
Proposed Civic Center Office Lease for 24031 El Toro Road, Ste 304 December 12, 2023

Agatha Global Tech, LLC, as the current legal entity responsible for the lease. The “Assignment and Assumption of Lease and Consent of Lessor” is also presented for City Council approval.

FISCAL IMPACT:

The following is a summary of the key lease terms and financial analysis:

Commencement Date: December 1, 2023
Term: Thirty-six (36) months
Rentable Square Feet: 614
Base Rent: Months 1-12: $1,492.02/month (~$2.43/SF/mo)
Months 13-24: $1,536.78/month (~$2.50/SF/mo)
Months 25-36: $1,582.88/month (~$2.58/SF/mo)
Total Rent Payments: $55,340
Upfront Capital: $1,384 (Estimated)
Net Total of Capital Costs: $53,957
The Base Rent includes the Lessee’s share of eligible operating expenses (also known as common area maintenance charges) for the first year. In the second and subsequent years, any increases in eligible operating expenses will be borne, proportionally, by the Lessee.

The Base Rent schedule reflects a 3% annual increase.

Upfront Capital includes leasing commissions and tenant improvements (or allowances for tenant improvements). The negotiated second amendment does not include any allowances for tenant improvements. Essex Realty Management, per the terms of the existing property management agreement, will receive approximately $1,384 for its lease commission (2.5% of total rent consideration). This is substantially lower than what would have been paid in commissions to the procuring broker if the space had been leased to someone not currently a tenant.

The second amendment to the lease and the “Assignment and Assumption of Lease and Consent of Lessor” have been included as an attachment to this staff report. City staff is recommending approval of the lease and the “Assignment and Assumption of Lease and Consent of Lessor.”

4.9 Packet Pg. 242
Proposed Civic Center Office Lease for 24031 El Toro Road, Ste 304 December 12, 2023

ATTACHMENTS:
• Second Amendment to Lease including Assignment and Assumption of Lease and Content of Lessor, Suite 304

4.9 Packet Pg. 243

4.9.a
Packet Pg. 244 Attachment: Second Amendment to Lease including Assignment and Assumption of Lease and Content of Lessor, Suite 304 (3374 : Proposed

4.9.a
Packet Pg. 245 Attachment: Second Amendment to Lease including Assignment and Assumption of Lease and Content of Lessor, Suite 304 (3374 : Proposed

4.9.a
Packet Pg. 246 Attachment: Second Amendment to Lease including Assignment and Assumption of Lease and Content of Lessor, Suite 304 (3374 : Proposed

4.9.a
Packet Pg. 247 Attachment: Second Amendment to Lease including Assignment and Assumption of Lease and Content of Lessor, Suite 304 (3374 : Proposed

4.9.a
Packet Pg. 248 Attachment: Second Amendment to Lease including Assignment and Assumption of Lease and Content of Lessor, Suite 304 (3374 : Proposed

4.9.a
Packet Pg. 249 Attachment: Second Amendment to Lease including Assignment and Assumption of Lease and Content of Lessor, Suite 304 (3374 : Proposed

4.9.a
Packet Pg. 250 Attachment: Second Amendment to Lease including Assignment and Assumption of Lease and Content of Lessor, Suite 304 (3374 : Proposed

4.9.a
Packet Pg. 251 Attachment: Second Amendment to Lease including Assignment and Assumption of Lease and Content of Lessor, Suite 304 (3374 : Proposed City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE:

TO:

FROM:

ISSUE:

December 12, 2023
Mayor and Council Members
Joe Ames, P.E., T.E.

Public Works Director/City Engineer
Mandeville Neighborhood Permit Parking Program
RECOMMENDATION: That the City Council: 1) Find and determine that the proposed permit parking controls are not subject to the California Environmental Quality Act pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, Cal. Code of Regs, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and 2) Adopt a resolution entitled, "A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF LAGUNA HILLS, CALIFORNIA, ESTABLISHING A

RESIDENTIAL PERMIT PARKING AREA AND A NO PARKING ZONE DURING DAYS AND

HOURS OF STREET SWEEPING ON CERTAIN STREETS IN THE MANDEVILLE RESIDENTIAL NEIGHBORHOOD."
SUMMARY:

In July 2023, residents requested the implementation of parking controls to prohibit overnight parking except by permit in the Mandeville Neighborhood along the streets of Mandeville Drive (from Moulton Parkway to Los Alamitos), Santa Rosa Avenue, Alta Loma Court, and Sundance Avenue. The residents were concerned with controlling overflow parking from other areas of the City. In response, City staff provided a petition form, in conformance with the Laguna Hills Municipal Code (LHMC), for the resident to circulate for signature by property owners of the residential properties within the Mandeville Neighborhood. In September 2023, the residents submitted signed petitions indicating support of a permit parking program, with over 67% of the property owners

4.10 Packet Pg. 252
Mandeville Neighborhood Parking Permit Program
December 12, 2023

in support of the proposed prohibition of overnight parking except by permit, which qualifies the request for consideration by the City Council. City staff recommends the establishment of a Residential Permit Parking Area in the Mandeville Neighborhood. The Traffic Commission, at its regular meeting of November 15, 2023, voted to recommend to the City Council the establishment of a Residential Permit Parking Area consisting of no overnight parking between the hours of 10:00 p.m. and 6:00 a.m. except by permit and no parking during street sweeping hours in the Mandeville Neighborhood for the streets of Mandeville Drive (from Moulton Parkway to Los Alamitos), Santa Rosa Avenue, Alta Loma Court, and Sundance Avenue.

BACKGROUND:

In 2011, residents requested the implementation of parking controls in the Mandeville Neighborhood along the streets of Mandeville Drive, Santa Rosa Avenue, Alta Loma Court, and Sundance Avenue. The residents were concerned with controlling overflow parking from other areas of the community. Based upon the resident’s concerns, and in accordance with the LHMC, staff sent a parking control survey to the residents of the Mandeville Neighborhood on August 29, 2011, providing a menu of parking control choices but did not receive an adequate response from the neighborhood. City staff resurveyed the neighborhood on October 12, 2011. The response rate improved to 54% but did not pass a two-thirds (67%) majority of the neighborhood (the threshold of support required by the LHMC). Therefore, the implementation of no overnight parking except by permit was not supported at that time. This matter was presented to the Traffic Commission on the following dates:
• July 20, 2011
• September 21, 2011
• November 16, 2011
• January 18, 2012
Recently, a resident of the Mandeville Neighborhood contacted City staff in July 2023 with a request to revisit the implementation of permit-based parking controls to prohibit overnight parking except by permit in their neighborhood.

In response, City staff conducted two nighttime parking surveys on July 19 and 20, 2023.

The nighttime parking surveys indicated several cars were parked near the entrance to the Mandeville Neighborhood. City staff observed one motorist parking a vehicle on the street and leaving the neighborhood. City staff also contacted the property manager for

4.10 Packet Pg. 253
Mandeville Neighborhood Parking Permit Program
December 12, 2023

the Crestline HOA nearby, and determined some of its residents may be parking in the neighborhood.

City staff provided a petition form, in conformance with the LHMC, for the resident to circulate for signature by property owners of the residential properties within the proposed Residential Permit Parking Area. The area includes the streets of Mandeville Drive (from Moulton Parkway to Los Alamitos), Santa Rosa Avenue, Alta Loma Court, and Sundance Avenue, all of which are public residential streets east of Moulton Parkway. There are sixty-five (65) single-family residences within the affected area.

Please see the attached Proposed Permit Parking Area Map.

According to LHMC Chapter 11-24, Residential Permit Parking Program, permit parking can be established only if 67% or more of the affected residents support it. Based upon the petitions submitted by the resident in September 2023, signatures for forty-seven (47) of the affected residences were obtained in support of a no overnight parking except by permit, and of those, ownership of forty-five (45) residences were verified by City staff resulting in support of 69% of the affected residences.

The implementation of a Permit Parking Zone would also include the following provisions:
• One permit parking decal per each vehicle registered to the property address • Four guest parking permit placards
• Unlimited one-day special event permits upon request
• Issuance of parking permit decal for private service personnel as specified in LHMC § 11-24.060
• An annual $15.00 administrative fee per each parking decal The Traffic Commission, at its regular meeting of November 15, 2023, voted to recommend to the City Council the establishment of a Residential Permit Parking Area in the Mandeville Neighborhood.

Therefore, City staff recommends the establishment of a Residential Permit Parking Area consisting of no overnight parking except by permit in the Mandeville Neighborhood for the streets of Mandeville Drive (from Moulton Parkway to Los Alamitos), Santa Rosa Avenue, Alta Loma Court, and Sundance Avenue.

4.10 Packet Pg. 254
Mandeville Neighborhood Parking Permit Program
December 12, 2023

In making this recommendation, staff cautions that the overflow parking from other areas will likely move onto Los Alamitos or other streets in the neighborhood.

In addition to the establishment of a Residential Permit Parking Area, the petition stipulated and staff recommends, the establishment of no parking during the days and hours of street sweeping. This would occur on the second and fourth Wednesday of each month and the no parking control would be limited to a four-hour block of time.

CEQA:

The permit parking controls are not subject to the California Environmental Quality Act pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, Cal. Code of Regs, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

FISCAL IMPACT:

The Residential Permit Parking Area proposed for the Mandeville Neighborhood will require some administrative staff time, the printing of permit decals, and the posting of signs.

The cost of the permit decals is expected to be recovered through an annual fee to the permit applicants of $15 per decal.

There is an estimated cost of $1,000 for the installation of the legally required signs to implement the Residential Permit Parking Area regulation. Funds are available for this work in the FY 2023/2024 Public Works maintenance budget (Fund No. 355-720.401).

ATTACHMENTS:
• Proposed Permit Parking Area Map
• Proposed Resolution Establishing Residential Parking Program

4.10 Packet Pg. 255
MANDEVILLE NEIGHBORHOOD (Mandeville/Santa Rosa/Alta Loma/Sundance) 4.10.a Packet Pg. 256 Attachment: Proposed Permit Parking Area Map (3358 : Mandeville Neighborhood Parking Permit Program) RESOLUTION NO. 2023-12-12-X

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA HILLS, CALIFORNIA, ESTABLISHING A

RESIDENTIAL PERMIT PARKING AREA AND A NO

PARKING ZONE DURING DAYS AND HOURS OF STREET

SWEEPING ON CERTAIN STREETS IN THE MANDEVILLE

RESIDENTIAL NEIGHBORHOOD
The City Council of the City of Laguna Hills, California, hereby finds, determines, declares, and resolves as follows:

WHEREAS, Vehicle Code Section 22507, subdivision (a), authorizes the City to establish preferential parking privileges on public streets and to adopt provisions that are reasonable and necessary to ensure the effectiveness of the preferential parking program; and
WHEREAS, Vehicle Code Section 22507, subdivision (b), authorizes the City to establish preferential parking permits for the benefit of designated groups on specified streets if the City determines that the use of the permits will not adversely affect parking conditions for residents and merchants in the area; and WHEREAS, Chapter 11-24 of the Laguna Hills Municipal Code, entitled “Residential Parking Permit Program,” establishes the City’s residential parking permit program in order to regulate and effectively manage residential curb parking at locations at which a high demand for parking on residential streets has been determined by the City Council to be averse to the health, safety, welfare, and interest of the adjoining residential property owners; and
WHEREAS, in addition the establishment of no parking zones during days and hours of street sweeping improves traffic circulation, community aesthetics, and furthers the City’s goal of achieving improved water quality; and WHEREAS, it has been determined by City staff that the establishment of a Residential Permit Parking Area and a No Parking Zone during days and hours of street sweeping on certain streets in the Mandeville residential neighborhood, specifically consisting of the following streets: 1) a segment of Mandeville Drive from Moulton Parkway to Los Alamitos; 2) Santa Rosa Avenue; 3) Alta Loma Court; and 4) Sundance Avenue, for the benefit of the residents in the neighborhood is necessary in order to alleviate adverse parking conditions in the area and to improve traffic circulation, community aesthetics, and to further the City’s goal of achieving improved water quality; and
WHEREAS, the Traffic Commission, at its regularly scheduled meeting of November 15, 2023, voted to recommended to the City Council the establishment of a Residential Parking Permit Area and a No Parking Zone during days and hours of street sweeping on certain streets in the Mandeville residential neighborhood as specified herein; and

4.10.b
Packet Pg. 257 Attachment: Proposed Resolution Establishing Residential Parking Program (3358 : Mandeville Neighborhood Parking Permit Program) Resolution No. 2023-12-12-X

WHEREAS, pursuant to Vehicle Code Section 22507, the parking of any type of vehicle on certain streets or highways may be prohibited or restricted by a general law city, during all or certain hours of a day, where signs or markings giving adequate notice of such regulations have been placed.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA

HILLS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

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

SECTION 2. The high demand for parking on certain streets in the Mandeville residential neighborhood, specifically consisting of the following streets: 1) a segment of Mandeville Drive from Moulton Parkway to Los Alamitos; 2) Santa Rosa Avenue; 3) Alta Loma Court; and 4) Sundance Avenue, is hereby determined to be adverse to the health, safety, welfare, and interest of the adjoining residential property owners.

SECTION 3. In order to regulate and effectively manage residential curb parking at locations at which a high demand for parking on residential streets has been determined, a Residential Permit Parking Area consisting of no overnight parking between the hours of 10:00 p.m. and 6:00 a.m. without a parking permit is hereby established on certain streets in the Mandeville residential neighborhood, specifically consisting of the following streets: 1) a segment of Mandeville Drive from Moulton Parkway to Los Alamitos; 2) Santa Rosa Avenue; 3) Alta Loma Court; and 4) Sundance Avenue for the benefit of the residents on these streets.

SECTION 4. As determined by the City Engineer and the Traffic Commission, the City Council hereby finds that the use of the preferential Residential Parking Permit Program established herein will not adversely affect parking conditions for residents and merchants in the area.

SECTION 5. The City Engineer is authorized to establish rules and procedures, and to produce signs, forms, and other materials necessary, or appropriate, to implement the provisions of the Residential Parking Permit Program hereby established.

SECTION 6. The Residential Parking Permit Program authorized herein shall be subject to the following provisions:

A. Applications for residential parking permit decals as authorized herein may only be made by residents of the following streets: 1) a segment of Mandeville Drive from Moulton Parkway to Los Alamitos; 2) Santa Rosa Avenue; 3) Alta Loma Court; and 4) Sundance Avenue.

B. Applications shall be the sole responsibility of the applicant and shall be filed with the City Engineer, or his designated representative.

C. Each applicant must be 18 years of age or older.

D. Each residential property will receive one permit parking decal per vehicle registered to a resident of the property.

4.10.b
Packet Pg. 258 Attachment: Proposed Resolution Establishing Residential Parking Program (3358 : Mandeville Neighborhood Parking Permit Program) Resolution No. 2023-12-12-X

E. Permit parking decals shall only be issued for personal passenger vehicles including pick-up trucks under two-ton capacity.

F. Construction or commercial vehicles shall not qualify for issuance of a parking permit decal.

G. Any parking permit decal issued pursuant to this Residential Permit Parking Program to a resident shall be valid for one year and shall only be issued to the registered owner of the vehicle, so long as the person to whom the permit is issued owns the vehicle and resides within the established residential permit parking area.

H. Permit parking decals are non-transferable.

I. Permit parking shall be prohibited on days and hours of City street sweeping.

J. Permit parking is subject to the City’s established consecutive 72-hour parking prohibition. (See, LHMC Sections 11-12.040 and 11-12.070.) K. Applicants for permit parking decals shall pay to the City a $15 annual administrative fee for each decal and/or replacement.

L. Four (4) guest permit/placards issued per residence.

M. Parking permit decals may be issued for private service personnel as specified in LHMC § 11-24.060.

N. Unlimited one-day special event permits issued upon request.

O. A permit parking decal issued shall be permanently affixed to the left inside front window of the vehicle for which it was issued.

P. Guest or special event parking permit placards shall be displayed on the dashboard immediately above the steering wheel of the vehicle.

SECTION 7. Additionally, there is hereby established a No Parking Zone during the days and hours of street sweeping on certain streets in the Mandeville residential neighborhood, specifically consisting of the following streets: 1) a segment of Mandeville Drive from Moulton Parkway to Los Alamitos; 2) Santa Rosa Avenue; 3) Alta Loma Court; and 4) Sundance Avenue on the second and fourth Wednesday of each month between the hours of 8:00 a.m. to 12:00 noon.

SECTION 8. The City Engineer is hereby directed to and shall cause signs and/or markings to be placed giving adequate notice of the Residential Parking Permit Area and the No Parking Zone authorized and established herein.

SECTION 9. The City Council finds and determines that the Residential Parking Permit Area and No Parking Zone hereby established are not subject to the California Environmental Quality Act pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, Cal. Code of Regs, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

4.10.b
Packet Pg. 259 Attachment: Proposed Resolution Establishing Residential Parking Program (3358 : Mandeville Neighborhood Parking Permit Program) Resolution No. 2023-12-12-X

PASSED, APPROVED, AND ADOPTED this 12th day of December 2023. ____________________________________
, 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 is a true and correct copy of Resolution No. 2023-12-12-X adopted by the City Council of the City of Laguna Hills, California, at a Regular Meeting thereof held on the 12th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(SEAL)
_____________________________________

JENNIFER LEE, CITY CLERK

4.10.b
Packet Pg. 260 Attachment: Proposed Resolution Establishing Residential Parking Program (3358 : Mandeville Neighborhood Parking Permit Program) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE:

TO:

FROM:

ISSUE:

December 12, 2023
Mayor and Council Members
Joe Ames, P.E., T.E.

Public Works Director/City Engineer
Contract Change Order No. 5 for Community Center & Sports Complex Improvements, CIP No. 237
RECOMMENDATION: That the City Council: 1) Approve Contract Change Order No. 5 to Oppenheimer National for the Community Center & Sports Complex Improvements, CIP No. 237; and 2) Authorize the City Manager to execute additional Contract Change Orders, if required, up to a total of $10,872.50.

SUMMARY:

On June 13, 2023, the City Council awarded a Public Works Construction Contract for the Community Center and Sports Complex Site Improvements, CIP No. 237 to Oppenheimer National in the amount of $197,709.

City staff is presenting for City Council approval a fifth contract change order in the amount of $5,344.00 that would add 167 square feet to bid item No. 10, repair existing resilient surfacing on upper playground swings, for a new total of 417 square feet. Due to cost savings in the amount of $16,215.58 associated with having City staff inspect the project in lieu of having the design consultant inspect the work, this $5,344.00 contract change order does not necessitate a budget amendment for the project.

City staff is also recommending approval for the City Manager to execute additional contract change orders, if required, up to a total of $10,872.50, which represents the available budget remaining in CIP No. 237 after the execution of contract change order No. 5.

4.11 Packet Pg. 261
Community Center & Sports Complex Improvements, CIP No. 237 December 12, 2023

BACKGROUND:

Section 3-28.010 of the Municipal Code grants the City Manager authority to execute contract change orders as follows:
• The dollar amount of all such modifications or change orders relating to any one contract having an original contract price of one million dollars ($1,000,000) or less shall not exceed one hundred thousand dollars ($100,000) or twenty-five percent (25%) of the original contract, whichever is less. • The dollar amount of all such modifications or change orders relating to any one contract having an original contract price of more than one million dollars ($1,000,000) shall not exceed two hundred thousand dollars ($200,000).

City staff processed three (3) contract change orders totaling $40,846.38 within the City Manager’s contract authority.

On August 22, 2023, City Council approved a fourth contract change order in the amount of $16,940.70 and authorized the Finance Director to amend the project budget by transferring $56,487 from CIP No. 241 (General Park Renovations) to CIP No. 237 (Parks Refurbishment Project) bringing the total construction budget to $255,497 and the total project budget to $296,487.

CONTRACT CHANGE ORDER SUMMARY:

At the direction of City Council at the June 13, 2023, meeting for the public works construction contract award, City staff processed Contract Change Order No. 1 to delete the removal and replacement of the benches next to the hockey rink and to change the type of the four drinking fountain replacements to include a water bottle filling station component. This contract change order resulted in a net increase of $7,894.38 to the contract amount.

City staff processed Contract Change Order No. 2 to adjust for the actual quantity of canopy fabric replacements at the dugouts, and to include one more shade sail replacement at the age 5-12 playground due to the failure of a shade sail while the project went through the bid process. This contract change order resulted in a net increase of $8,952.00 to the contract amount.

4.11 Packet Pg. 262
Community Center & Sports Complex Improvements, CIP No. 237 December 12, 2023

City staff also processed Contract Change Order No. 3 to replace eight (8) additional triangular decks on the age 5-12 playground. This contract change order resulted in a net increase of $24,000.00 to the contract amount.

On August 22, 2023, City Council approved Contract Change Order No. 4 to replace an additional three (3) square decks and three (3) steps on the age 5-12 playground structure. This contract change order resulted in a net increase of $16,940.70 to the contract amount. Contract Change Order No. 4 in the amount of $16,940.70 exceeded the City Manager’s authority because it increased the contract net increase percentage to 29.2%. Therefore, City staff brought Contract Change Order No. 4 to City Council for approval.

Proposed for City Council approval is Contract Change Order No. 5. Upon remeasuring the desired area for resilient resurfacing repair, the anticipated actual area is 417 square feet at the upper playground swings. The specifications allowed up to 250 square feet to be repaired. Therefore, this proposed contract change order would repair an additional 167 square feet of resilient resurfacing. Accordingly, City staff is recommending approval of Contract Change Order No. 5 resulting in a net increase to the contract in the amount of $5,344.00. This Contract Change Order No. 5, in the amount of $5,344.00, is being brought to City Council for approval because the 25% threshold has already been exceeded.

City staff is also recommending approval for the City Manager to execute additional contract change orders, if required, up to a total of $10,872.50, which represents the available budget remaining in CIP No. 237 after the execution of contract change order No. 5. This recommendation is being made because there may be additional items that may necessitate expeditious approval to complete the project. The project is anticipated to be complete by December 22, 2023.

FISCAL IMPACT:

A summary of the current project costs is listed below:

FY 2023/2024 Project Budget $240,000.00
Transfer from CIP 241 to CIP 237,
Approved by City Council on August 22,
2023
$56,487.00
Revised FY 2023/2024 Project Budget $296,487.00

4.11 Packet Pg. 263
Community Center & Sports Complex Improvements, CIP No. 237 December 12, 2023

Design Costs
Design Contract Award Amount $40,990.00
Design Phase Invoices Paid to Date ($24,774.42)
Design Phase Remaining Amount Available $16,215.58
Construction Costs
Description Contract
Change Order
Amount
Cumulative
Total
Status
Original Construction Contract Award
Amount
N/A $197,709.00 City Council
award
CCO No. 1: Delete replacement of benches
at hockey rink, change type of drinking
fountain replacements
$7,894.38 $205,603.38 City staff
approved
CCO No. 2: Adjust dugout canopy fabric
replacement quantities, additional shade
sail at age 5-12 playground
$8,952.00 $214,555.38 City staff
approved
CCO No. 3: Replace an additional eight (8)
triangular decks at age 5-12 playground
$24,000.00 $238,555.38 City staff
approved
CCO No. 4: Replace three (3) square decks
and three (3) steps at age 5-12 playground
$16,940.70 $255,496.08 City Council
approved
CCO No. 5: Repair additional resilient
surfacing near upper playground swings
$5,344.00 $260,840.08 Proposed
Total Project Costs
Design Phase Costs to Date $24,774.42
Construction Phase Costs Approved to
Date
$260,840.08
Total Anticipated Project Costs $285,613.58
Available Budget $10,872.50
Notably, included in the CIP No. 237 budget are $197,399.00 in grant funds provided by Proposition 68, the 2018 Parks Bond Act Per Capita Grant Program.

ATTACHMENTS:
• Contract Change Order No. 5 - CIP 237

4.11 Packet Pg. 264

CITY OF LAGUNA HILLS

CONTRACT CHANGE ORDER
CONTRACT CHANGE ORDER NO. 5 SHEET 1 OF 2 SHEETS
PROJECT: Community Center and Sports Complex Improvements, CIP 237 CONTRACTOR: Oppenheimer National
In accordance with contract provisions, the following changes in the contract and/or contract work are hereby authorized and as compensation therefore, the following addition to or deductions from the contract price are hereby approved.

Note: This change order is not effective until approved by the City Engineer.

Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work at contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment is actually used and no allowance will be made for idle time.

Add to scope of project: Repair existing resilient surfacing around upper playground swings. 167 sq. ft. @ $32/sq. ft.

Additive Cost: +$5,344.00
Increase $5,344.00 Decrease $
By reason of this order the time of completion will be adjusted as follows:

Add No Working Days

4.11.a
Packet Pg. 265 Attachment: Contract Change Order No. 5 - CIP 237 (3359 : Community Center & Sports Complex Improvements, CIP No. 237) CONTRACT CHANGE ORDER NO. 5 SHEET 2 OF 2 SHEETS
The compensation (time and cost) set forth in this Change Order comprises the total compensation due the Contractor, all Subcontractors and all suppliers, for the work or change defined in this Change Order, including all impact on any unchanged work. By signing this Change Order, the Contractor acknowledges and agrees, on behalf of himself, all Subcontractors, and all suppliers, that the stipulated compensation includes payment for all work contained in this Change Order, plus all payment for the interruption of schedules.

Extended overhead costs, delay, and all impact, ripple effect or cumulative impact on all other, work under this Contract. The signing of this Change Order shall indicate that the Change Order constitutes full mutual accord and satisfaction for the change, and that the time and/or cost under the Change Order constitutes the total equitable adjustment owed the Contractor, all Subcontractors, and all suppliers, as a result of the change. The Contractor, on behalf of himself, all Subcontractors, and all suppliers, agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of or as a result of this Change Order or the impact of this Change Order on the remainder of the work under this Contract.

SUMMARY OF CONTRACT TIME
Original Contract Date: June 13, 2023
Original Contract Time: 40 Working Days
Original Completion Date: N/A
Time Extension this C.O.: N/A
Total Contract Time Extension: N/A
Revised Contract Time: N/A
Revised Final Completion Due Date: N/A
Time Subject to Liquidated Damages: 0
Actual Final Completion Date: 0
Original Contract Price $197,709.00
Prev. Authorized Changes $57,787.08
This Change (Add) $5,344.00
Amended Contract Price $260,840.08
If the Contractor does not sign acceptance of this order, his attention to the requirements of the specifications as to proceeding with the order work and filing a written protest within the time therein specified.

Approved by: Accepted by:

City Manager Date Contractor Date

4.11.a
Packet Pg. 266 Attachment: Contract Change Order No. 5 - CIP 237 (3359 : Community Center & Sports Complex Improvements, CIP No. 237) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: December 12, 2023
TO: Mayor and Council Members
FROM: David Reynolds
Deputy City Manager/Community Services Director
ISSUE: Approval of a Consulting Services Agreement with Abtech Technologies, Inc. for Information Technology Support Services.

RECOMMENDATION: That the City Council: 1) Waive competitive formal bidding requirements and procedures set forth in the City of Laguna Hills Municipal Code (LHMC) Section 3-08.090 with regard to approval of the proposed Consulting Services Agreement with Abtech Technologies, Inc., as it is hereby found and determined, pursuant to LHMC Section 3-08.110(K), that the recommended contract is for Information Technology services; 2) Approve the proposed Consulting Services Agreement with Abtech Technologies, Inc. for Information Technology support services for a three-year term in the total not to exceed contract amount of $415,125.00; and, 3) Authorize the City Manager to execute the proposed Consulting Services Agreement with Abtech Technologies, Inc.

SUMMARY:

A City full-time Information Technology Administer is responsible for the day-to-day operations of the City’s Information Technology (“IT”) environment. Securing a thirdparty IT support consultant is advantageous to the City because it will provide additional support to the City’s IT Administer, ensure the City stays up-to-date with the latest technology and IT trends, provides enhanced cybersecurity monitoring and protection, and assists with the implementation of IT related projects. The City’s current 2-year budget includes funding for contracting with a third-party IT consultant. Following an informal procurement process, in accordance with Section 3-08.080 of the City’s Purchasing Ordinance, staff contacted a total of four qualified IT firms to solicit informal

4.12 Packet Pg. 267
Consulting Services Agreement with Abtech Technologies, Inc.

December 12, 2023

proposals. After interviews were conducted with all four IT consulting firms, staff selected Abtech Technologies, Inc. (“Abtech”) as the finalist and negotiated the final scope of services which is included as Exhibit “A” to the attached proposed Consulting Services with Abtech Technologies, Inc. for Information Technology Support Services (“Agreement”). Staff recommends approval of the proposed Agreement with a contract commencement date of January 1, 2024.

BACKGROUND:

The City’s IT environment is currently supported by a full-time IT Administer.

Responsible for the day-to-day IT operations of the City, the IT Administer coordinates with other vendors, from time to time, for technical support of the City’s IT infrastructure. Funds were budgeted in the current 2-year budget cycle to procure the support of a third-party IT consulting firm to provide additional and continued support to the City’s IT Administer such as cybersecurity protection and monitoring, network administration, help desk services, on-site assistance, and IT project implementation support. Overall, City staff believes that the expertise that an IT support consulting services firm will bring to the City will be a great benefit.

In accordance with the City's purchasing ordinance (LHMC Section 3-08.110(K)), the City is not required to follow the formal competitive bidding procedures set forth in Section 3-08.090 of the LHMC when the City Council finds and determines that the procurement is for information technology goods and supplies, equipment, and/or nonprofessional services. Instead, such procurement for IT related services is subject to the informal procedures set forth in LHMC Section 3-08.080. Following the informal procedures of this section, City staff contacted four qualified IT consulting firms to solicit informal proposals for managed IT support services. All four firms were interviewed by City staff and three of the firms provided cost proposals. Abtech was selected by City staff as the most qualified and worked with this firm to refine the City’s desired scope of services, which is reflected in their Information Technology Support Services Proposal, dated November 21, 2023 (See, Exhibit “A” of the attached Agreement). The reasons that Abtech was selected as the finalist are as follows:
• Abtech provided the lowest cost for monthly services. Additionally, Abtech offered the City additional cybersecurity software (RocketCyber SOC) free of charge until June 30, 2025, in order to enhance the City’s IT security protection. • Abtech is a reputable IT consulting services firm with over 35 years supporting local government agencies and commercial companies. Abtech manages 350 IT

4.12 Packet Pg. 268
Consulting Services Agreement with Abtech Technologies, Inc.

December 12, 2023

service contracts and maintains thousands of enterprise servers, storage systems, networking devices, operating systems, and databases. • Abtech has a local presence. Abtech is headquartered in southern California with 60 employees including 28 engineers and the majority of its clients are in southern California. Abtech currently provides IT support services to the City of Lake Forest.
• The City will be able to leverage Abtech’s extensive experience with providing IT managed services to a variety of different clients including local government, public safety, college districts, commercial businesses, and the defense industry (e.g., Northrop Grumman, Boeing, and the U.S. Navy).
• Abtech provided the City with a comprehensive proposal and scope of services that meets the City’s IT support needs and Abtech can provide additional support to the City when needed such as IT system design services, unified communications (VOIP and telecommunications implementation and support, cloud and virtualization migrations, SharePoint services, Abtech training courses, application and database implementations, disaster recovery planning and implementation, StorTrust cloud disaster recovery services, etc.).

Abtech’s Scope of Services & Maximum Contract Amount
Abtech will support the City of Laguna Hills with 24x7 monitoring and onsite/remote remediation of IT related issues during normal business hours. A detailed account of Abtech’s scope of services can be found in Exhibit “A” to the attached proposed Agreement. A summary of Abtech’s scope of services is provided below.

1. Abtech will provide onboarding services to assess and document the City’s IT infrastructure and to install the necessary hardware and software to provide ongoing support to the City.

2. Abtech's Network Operations Center (NOC) will provide around-the-clock monitoring of the City's IT infrastructure for optimization and cybersecurity protection.

3. Abtech will provide the City with a monthly allotment of 32 hours per month for onsite support.

4. Abtech will be responsible for managing, documenting, and maintaining the City’s

4.12 Packet Pg. 269
Consulting Services Agreement with Abtech Technologies, Inc.

December 12, 2023

infrastructure and system administration. This includes access permissions and controls, network configurations, email/file server administration, server maintenance (including updates and patching), user on/off boarding, firewall configuration and maintenance, security filtering, and monitoring and maintaining the system backup. Abtech will ensure that all systems are up to date and functional. Abtech will work closely with the City’s IT Administrator to help ensure that necessary security measures are in place.

5. Abtech will use its help desk ticketing system, coupled with its knowledge base, to offer support for City IT users. All help desk tickets received via phone, email, or in-person will be documented, tracked, and remediated.

6. Support during scheduled after-hours, non-emergency events, such as City Council meetings, Commission meetings, and other public meetings as requested.

7. Additional IT services such as assistance with IT projects is also provided by Abtech as part of the scope of work. This is important because there are several projects in the current budget cycle such as a migration to Office 365, replacement of all employee PCs, and VMware updates. Project work will be in addition to and billed separately than the routine monthly managed IT services support.

Staff recommends a 3-year term for the proposed Agreement with a total not to exceed cost (“Maximum Contract Amount”) of $415,125.00 as illustrated in the table below.

Abtech’s proposed one-time cost for onboarding is $4,725 in the first year of the Agreement, and a total cost of $310,400 for monthly IT managed services for the Agreement’s 3-year term. Additionally, staff recommends that the Maximum Contract Amount include an additional budget for IT project support requests that are outside of the Monthly Management Charge services (See, “Additional Support and Project Services” in the following table).

4.12 Packet Pg. 270
Consulting Services Agreement with Abtech Technologies, Inc.

December 12, 2023

FISCAL IMPACT:

The proposed Agreement with Abtech includes a total not to exceed cost of $415,125.00 over a three-year term. The current Biennial Budget has adequate funds in place to support the procurement of a third-party IT support consultant. A total of $100,000 was budgeted in each fiscal year of the current budget cycle (for a total of $200,000) for third-party IT support consulting services. In addition, funds are also available in the IT budget for any overages with the routine monthly services and also to cover Abtech’s help with IT project implementation.

ATTACHMENTS:
• Proposed Consulting Services Agreement with Abtech Technologies, Inc.

4.12 Packet Pg. 271
6909-CSA09232016
1802140.1
1 CONSULTING SERVICES AGREEMENT
Abtech Technologies, Inc.

Information Technologies Support Services
THIS CONSULTING SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective this 12th day of December 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 ABTECH TECHNOLOGIES, INC., a California corporation (hereinafter referred to as “Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has determined that there is a need to retain the services of a qualified firm that specializes in providing Information Technology (IT) consulting services to public agencies (the “Project”).

B. Consultant has submitted to City a proposal, dated November 21, 2023, to provide information technology support consulting services (IT services) for the Project pursuant to the terms of this Agreement. Pursuant to Laguna Hills Municipal Code Section 3-08.110(K), contracts for the procurement of information technology support consulting services are exempt from the City’s competitive formal bidding procedures set forth in LHMC Section 3-08.090 and are instead subject to the informal bidding procedures set forth in LHMC Section 3-08.080.

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

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

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. SERVICES OF CONSULTANT

1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Consultant agrees to provide and perform the information technology consulting services for the Project as described and as set forth in Consultant’s

4.12.a
Packet Pg. 272 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech 6909-CSA09232016
1802140.1
2 Proposal/Scope of Work, dated November 21, 2023, which is attached hereto as Exhibit “A” and is incorporated herein by reference (hereinafter referred to as the “Scope of Services,” the “Services” or “Work”). As a material inducement to the City entering into this Agreement, Consultant acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant’s Services and Work shall be performed in a skillful and competent manner and shall be held to a standard of quality and workmanship prevalent in the industry for such Services and Work and with the standards recognized as being employed by consultants in the same discipline in the State of California. Consultant represents and warrants that it is skilled in the discipline necessary to perform the Services and Work and that it holds the necessary skills and abilities to satisfy the standard of work as set forth in this Agreement. Consultant represents and warrants that it and all of its employees, subconsultants and subcontractors providing any Work or Services under this Agreement shall have sufficient skill and experience to perform the Work or Services assigned to them. All Services and Work shall be completed to the reasonable satisfaction of the City.

1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; and, (2) the Consultant’s signed, original November 21, 2023, proposal submitted to the City (“Consultant’s Proposal”), which shall both be referred to collectively hereinafter as the “Contract Documents.” The Consultant’s Proposal, attached hereto as Exhibit “A,” is hereby incorporated by reference and is made a part of this Agreement. All provisions of the Contract Documents shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms and conditions of this Agreement; and, (2nd) the provisions of the Consultant’s Proposal.

1.3 Compliance with Law. Consultant shall comply at all times during the term of this Agreement with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable fair labor standards and Cal/OSHA requirements. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of the Work and Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with performing the Work and Services. If Consultant performs any Work or Services in violation of such laws, rules, and regulations, Consultant shall be solely responsible for all penalties and costs arising therefrom. Consultant shall defend, indemnify, and hold City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations.

1.4 Licenses, Permits, Fees, and Assessments. Prior to performing any Services or Work hereunder Consultant shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement

4.12.a
Packet Pg. 273 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech 6909-CSA09232016
1802140.1
3 and any extension, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, and approvals of whatever nature that are legally required to perform the Work or Services.

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

1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.

1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.

1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in Consultant's Proposal/Scope of Work (Exhibit “A”) or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating therein any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Consultant. It is expressly understood by Consultant that the provisions of this section shall not apply to the Work and Services specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of whether the time or materials required to complete any Work or Service identified in the Scope of Services exceeds any time or material amounts or estimates provided therein.

1.9 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Consultant further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.

4.12.a
Packet Pg. 274 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech 6909-CSA09232016
1802140.1
4 2. COMPENSATION

2.1 Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Consultant shall be compensated by City for the services performed, including authorized reimbursements, in accordance with the rates and charges set forth in the Schedule of Compensation/Fees, which is attached hereto as Exhibit “A” and is incorporated herein by reference, but not exceeding the total maximum contract amount of Four Hundred Fifteen Thousand One Hundred Twenty Five Dollars ($415,125.00) (hereinafter referred to as the "Maximum Contract Amount"). The method of compensation shall be as set forth in Exhibit “A”. Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation/Fees. The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.

2.2. Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation/Fees (Exhibit “A”), in any month in which Consultant wishes to receive payment, no later than the tenth (10th) working day of such month, Consultant shall submit to the City, in a form approved by the City’s Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical.

2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.

2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Laguna Hills City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.

3. SCHEDULE OF PERFORMANCE

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

The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance.

4.12.a
Packet Pg. 275 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech 6909-CSA09232016
1802140.1
5 3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance, which is attached hereto as Exhibit “A” and is incorporated herein by reference. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant such an extension.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, pandemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section.

3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence on January 1, 2024 and shall continue in full force and effect for three (3) years, ending December 31, 2027, unless extended by mutual written agreement of the Parties.

4. COORDINATION OF WORK

4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Robert Russell, CEO. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Work or Services performed hereunder.

The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer

4.12.a
Packet Pg. 276 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech 6909-CSA09232016
1802140.1
6 shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City.

Consultant shall not contract with any other entity to perform the Services required without prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant.

4.4 Independent Contractor.

A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Consultant will determine the means, methods and details of performing the Sevices subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees or agents, shall not maintain a permanent office or fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s officers, employees, representatives or agents or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Services under this Agreement as required by law and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.

B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.

C. No City benefits shall be available to Consultant, its officers, employees, or agents, in connection with the performance of any Work or Services under this Agreement.

Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to

4.12.a
Packet Pg. 277 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech 6909-CSA09232016
1802140.1
7 Consultant, its officers, employees, or agents, for injury or sickness arising out of performing any Work or Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, representatives, agents, or subconsultants or subcontractors, Consultant shall defend, indemnify, and hold harmless City from and against all such financial obligations.

4.5 PERS Eligibility Indemnification.

A. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing any Work or Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing any Work or Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

5. INSURANCE

5.1 Compliance with Insurance Requirements. Consultant shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section.

Consultant shall not commence any Work or Services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Consultant’s existing insurance policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.

5.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Consultant shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:

A. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance written on an occurrence basis with limits of at least one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) in the general aggregate, and one million dollars ($1,000,000.00) for products and completed operations.

4.12.a
Packet Pg. 278 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech 6909-CSA09232016
1802140.1
8 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. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) combined limit for each occurrence covering bodily injury and property damage. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.

C. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.

5.3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI), by the latest edition of A.M. Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance from the State Compensation Fund. In the event the City determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.

5.4 Insurance Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:

A. The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:

4.12.a
Packet Pg. 279 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech 6909-CSA09232016
1802140.1
9 1. Additional Insured: The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and

2. Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Consultant, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.

3. Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Consultant’s failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice.

B. For all policies of Commercial General Liability Insurance, Consultant shall provide endorsements for ongoing operations and completed operations to effectuate this requirement.

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

5.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

5.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Consultant hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Consultant hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

5.8 Evidence of Coverage. Concurrently with the execution of the Agreement, Consultant shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be

4.12.a
Packet Pg. 280 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech 6909-CSA09232016
1802140.1
10 in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. Consultant shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verify coverage.

5.9 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

5.10 Enforcement of Agreement (Non-Estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of any noncompliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.

5.11 Insurance for Subconsultants. Consultant shall either: (1) include all subconsultants or subcontractors engaged in any Work or Services for Consultant relating to this Agreement as additional named insureds under the Consultant’s insurance policies; or (2) Consultant shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Consultant’s subconsultants or subcontractors performing any Work or Services related to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers, as additional insureds. Consultant shall not allow any subconsultant or subcontractor to commence any Work or Services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section.

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

A. Consultant shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.

4.12.a
Packet Pg. 281 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech 6909-CSA09232016
1802140.1
11 B. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

C. None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.

D. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.

E. Consultant agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant.

Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

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

F. Consultant agrees to provide immediate written notice to City of any claim, demand or loss against Consultant arising out of the Work or Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.

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

4.12.a
Packet Pg. 282 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech 6909-CSA09232016
1802140.1
12 7. REPORTS AND RECORDS

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

Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

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

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder.

7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.

7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Consultant covenants and agrees

4.12.a
Packet Pg. 283 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech 6909-CSA09232016
1802140.1
13 to submit to the personal jurisdiction of such court in the event of such action.

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

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

8.3 Termination. City may terminate this Agreement for any reason, with or without cause, upon giving Consultant thirty (30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, Consultant reserves the right to terminate this Agreement at any time upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine.

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

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

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

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

4.12.a
Packet Pg. 284 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech 6909-CSA09232016
1802140.1
14 expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of any state statute or regulation. Consultant represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.

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

10. MISCELLANEOUS PROVISIONS

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

4.12.a
Packet Pg. 285 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech 6909-CSA09232016
1802140.1
15 To City: City of Laguna Hills
Attention: Jarad L. Hildenbrand, City Manager
24035 El Toro Road
Laguna Hills, California 92653
Telephone: (949) 707-2600
Facsimile: (949) 707-2633

To Consultant: Abtech Technologies, Inc.

Attention: Robert Russell, CEO
1235 Activity Drive
Vista, California 92081
Telephone: (760) 827-5100

10.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

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

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

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

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

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

4.12.a
Packet Pg. 286 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech 6909-CSA09232016
1802140.1
16 violate any provision of any other Agreement to which the Party for which he/she is signing is bound.

10.8 Labor Code Requirements.

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

The foregoing indemnity shall survive termination of this Agreement.

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

4.12.a
Packet Pg. 287 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech

4.12.a
Packet Pg. 288 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech 1802140.1
EXHIBIT “A”
CONSULTANT’S PROPOSAL/ SCOPE OF WORK
DATED: NOVEMBER 21, 2023

SCOPE OF SERVICES FOR PROJECT

INCLUDING,

SCHEDULE OF PERFORMANCE
AND

SCHEDULE OF COMPENSATION/ COST/ FEES

4.12.a
Packet Pg. 289 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

Information Technology Support Services Proposal
Prepared For:

By:

Todd Darr
Abtech Technologies
Phone: 800.474.7393 x253
[email protected]
November 21, 2023

4.12.a
Packet Pg. 290
Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

SUMMARY SHEET
Firm Name: Abtech Technologies
Firm Parent or Ownership: Robert Russell
Firm Address: 1235 Activity Drive, Vista, California 92081 Firm Telephone Number: 760-827-5100
Number of Years in Existence: 35 years
Management Contact
Name: Bob Russell - Title: CEO
Telephone Number: 760-827-5133
Email: [email protected]
Project-Account Manager Contact
Name: Todd Darr - Title: Senior Account Manager
Telephone Number: 760-827-5116
Email: [email protected]
Type of services performed by the firm: Abtech has a variety of clients in cities, counties, and commercial clients for whom we provide the following Services:
• Managed IT services
• IT security, maintenance break fix
• Consulting and professional services
• Project management
• Backup and disaster recovery
• Cloud services
• Hardware support
• Procurement of hardware and software and project
design/implementation Most of our clients are in Southern California

4.12.a
Packet Pg. 291 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

TABLE OF CONTENTS
SUMMARY SHEET ................................................................................................................................2 TABLE OF CONTENTS..........................................................................................................................3 COVER LETTER.....................................................................................................................................4 VENDOR PROFILE.................................................................................................................................5 EXECUTIVE SUMMARY ......................................................................................................................8 SCHEDULE A: Definition of Services.....................................................................................................12 SCHEDULE B: Covered Environment.....................................................................................................19 SCHEDULE C: Summary of Monthly / Onetime Charges.....................................................................20 ATTACHMENT A: References ..............................................................................................................22 ATTACHMENT B: Resumes...................................................................................................................23 ATTACHMENT C: Statement of Work – Managed IT Services..............................................................30 ATTACHMENT D: Statement of Work – Onboarding ............................................................................36 ATTACHMENT E: RocketCyber SOC by Kaseya – Offer of Complimentary Security Measure............40 SUMMARY..............................................................................................................................................41

4.12.a
Packet Pg. 292 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

COVER LETTER
Abtech Technologies
www.AbtechTechnologies.com
Contact: Todd Darr
760-827-5116
Email: [email protected]
Vista, CA - Headquarters
1235 Activity Drive Vista
Vista, CA 92081
Phone: 760-827-5100
Fax: 760-827-5143
Santa Fe Springs, CA
9970 Bell Ranch Road
Santa Fe Springs, CA 90670
Phone: 800-474-7397 Ext. 253
Fax: 760-827-5143
Abtech Technologies is pleased to present the following response to the City of Laguna Hills “Request for Proposal”.

Abtech is headquartered in Southern California with 60 employees including 28 (W2) engineers, with over 35 years supporting local government agencies and commercial companies. Abtech Technologies has 350 IT Service contracts and maintains thousands of enterprise servers, storage systems, networking devices, operating systems, and databases.

Abtech Technologies is prepared to offer:

One (1) dedicated on-site help desk IT Technician, who will be backed up by one (1) suitably cross-trained engineer, to provide On-Site support, one (1) day per week Monday - Friday from 8:00am – 5:00pm (32 hours per month) as scheduled. Abtech will also provide access to Abtech Technologies Help Desk and NOC Service, to supplement the onsite engineer, to support the City of Laguna Hills staff. (see attachment C: Manage IT Services – Statement of Work, page 30)
Moreover, the City will be granted access to our team of engineers with the intention of identifying, conceptualizing, and executing project tasks that fall beyond this contract’s defined scope.

Finally, this proposal includes Abtech’s Enhanced Security Package as well as RocketCyber for SOC by Kaseya (see attachment E: RocketCyber SOC by Kaseya – Offer of Complimentary Security Measure, page 40). Abtech Technologies will offer the RocketCyber SOC at no cost to the City, from the effective date of the agreement until June 30, 2025.

Our team is prepared to fully support the City of Laguna Hills with 24X7 monitoring, and onsite/remote remediation during normal business hours. Abtech will also provide scheduled after-hours non-emergency events including City Council, Commission, and other public meetings, should the City decide to reallocate the 32 hours a month allotted for IT Technician.

Sincerely,
Robert Russell, CEO

4.12.a
Packet Pg. 293 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

VENDOR PROFILE FOR ABTECH TECHNOLOGIES
General information
Number of employees/engineers in the company: 60/28
Profile of ownership: S-Corporation; 35 years in business; one owner, US citizen [Robert Russell, CEO]; Abtech is financially stable, without the need for any borrowings, plus we have consistent profitability. We have an excellent Dun & Bradstreet report, which includes a suggested credit limit of $750,000, and demonstrated payments of our monthly invoices of 97% within 30 days.

President: Dana Collins
Controller: Jill Twombly
Vice President of Technology: William Green
Main point of contact: Todd Darr; [email protected]; 760-827-5116 Project Manager for Transition: Todd Darr
History and Experience
History: Abtech Technologies was started by Robert Russell 35 years ago. Robert is an immigrant [US citizen now] from Scotland where he used to teach high school mathematics. Robert was introduced to IT products and services during his six years at the Hewlett-Packard Company. During this time with HP, he learned much about IT equipment, IT services, general management of an IT company and its personnel, and how all of that relates to the benefit of the client. Upon emigrating to the United States Robert began Abtech as a vendor of equipment, which quickly morphed into a services business that has continued to grow steadily.

Today, Abtech Technologies is comprised of four divisions: the managed services provider group (MSP); the backup and disaster recovery group (StorTrust); the enterprise managed services group (EMS); and lastly the Dell value added reseller and professional services group.

During its 35 years of business, Abtech has enjoyed 34 years of profitability.

Experience: Over the years, Abtech has gained considerable insight into the hundreds of companies that it has been supporting. These companies comprise: local cities, local counties, local colleges, and other commercial entities that vary in size from 10 people to 10,000 people. These include a range of defense contractors and other Fortune 500 companies. From time to time, we employ the use of quality subcontractors, for example, to do independent 3rd party penetration testing and other services.

Experience specifically pertaining to the public sector: Abtech currently supports over 15 different cities/counties/colleges, mostly in Southern California. Many public sector companies have been long-term partners with Abtech (10 years +) and their staff have been extremely pleased with the support that we have continued to

4.12.a
Packet Pg. 294 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

(Vendor Profile Continued)
provide them with. Our current customer satisfaction rating is at 4.95 out of 5 stars (January 2021- Present).

We have designed solutions, and created project management plans, then performed many of the associated installations, including both software and hardware migrations.

Abtech also has experience with supporting critical environments associated with public safety, as we are currently supporting Placer County. Their servers and network infrastructure needs to be available 24x7. Due to the depth and size of our engineering team, we are able to resolve their critical issues very quickly. We have upgraded their systems twice, and at the moment, we are in the middle of a 3rd upgrade. We have supported them successfully for 12 plus years.

For many years, Abtech has attended the Chief Information Systems Officers Association of the California Community Colleges (CISOA), where multiple Abtech managers were honored with an invitation to speak at the conference. Abtech has always had a sterling reputation with the college community, in addition to the cities and counties.

Please see the reference (attachment A: References, page 22) for more information on some of these public-sector clients.

Our people
All the senior management of the company have tenure of 20 years or more. It is rare when a member of staff leaves and typically this is due to a promotion at an outside company where Abtech did not have a suitable position to accommodate them.

We have bimonthly company barbecues where most of the local staff attend and quarterly team building events where our staff enjoy fishing, go-karting, museums, or other such events.

All our staff members are provided with a proper amount of vacation and holidays, in addition to medical/dental benefits.

Advantage for client: The tenure that Abtech enjoys turns into a great advantage for our clients; due to the institutional knowledge which is carried throughout the company.

Certifications: Abtech has a range of certifications, including: Microsoft, VMware, Dell, Hewlett-Packard, and many more. (see attachment B: Resume, page 23) - each resume includes the certifications of each engineer.

References: We have provided several references for public entities in Southern California. (see attachment A:

References page 22)
Resumes: We have provided the resumes of our suitably qualified engineers, many of whom will be working on your account. (see attachment B: Resume, page 23)

4.12.a
Packet Pg. 295 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

(Vendor Profile Continued)
Training
Abtech places a strong emphasis on ongoing training to keep its staff up to date with the latest technological developments and to maintain a high level of proficiency in supporting all industry standard software and hardware products.

In addition, we meet all the training and certification requirements for our OEM partners, Dell-EMC, Microsoft, VMware, Red Hat, and several others.

Conclusion
Abtech Technologies is a seasoned service provider and value-added reseller, with an unparalleled reputation for excellence in system architecture, project management, and implementation of complex solutions. We continue to support those solutions daily, until the client asks us, again, to repeat the process several years later. We continue to see this pattern with our customers and believe that this evidence, above all else, shows that Abtech is an excellent services provider with whom to partner.

4.12.a
Packet Pg. 296 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

Executive Summary

1. Support Approach
Abtech Technologies is proud to offer a wide range of comprehensive and reliable IT services to the City of Laguna Hills. Our team of 28 seasoned experienced engineers (all W2 employees) provides managed IT services, IT security, consulting and professional services, project management, cloud services, and other MSP related services. a. Abtech Technologies has been in business for over 35 years, serving more than 350 clients, most of whom are in Southern California.
b. We currently have many satisfied clients who are cities, counties, and colleges, all based in Southern California. Our current customer satisfaction rating is at 4.95 out of 5 stars (January 2021- Present). c. Abtech has gained expertise in supporting a wide range of software due to our extensive experience serving a broad variety of both public and commercial clients. Additionally, Abtech places a strong emphasis on ongoing training to keep its staff up to date with the latest technological developments and to maintain a high level of proficiency in supporting all industry standard software and hardware products. d. Abtech is vendor agnostic. We have many long-term relationships with best-of-breed hardware and software solution providers. This enables us to choose the best combination of products, services, and software that are tailored to meet the specific needs of our clients. e. Regularly scheduled meetings will serve as a forum to make suggestions to improve operations. f. In terms of public safety, we have dedicated staff members who are certified with the DOJ qualification. g. Also, multiple defense contractors place responsibility for some of their IT services with Abtech Technologies. Some examples are: Northrop Grumman (supporting fully managed service contract for them and a large number of servers country-wide); Raytheon (Cisco routers, switches, and telephone equipment); Boeing; and the US Navy.
h. With regards to managed services specifically, we currently support the City of Lake Forest with a full spectrum of managed services including an on-site full-time IT Technician backed up by our NOC engineers. We also support: one of the largest Toyota dealerships in the United States; a large software company that has international 24x7 responsibility for their products and depend upon us for the requisite IT support; and a medical surgery center with 7 offices who again demand the best of IT support. i. Our engineers are carefully selected and regularly trained in new technologies. j. In addition, we meet all the training and certification requirements for our OEM partners, Dell-EMC, Microsoft, VMware, Red Hat, and several others.

2. Cross Training
a. During the onboarding, other Abtech, non-core engineers will begin their cross training. b. Abtech will use our internal knowledgebase (for security reasons, this product will only be revealed in person).
c. Prior to commencement of Abtech’s responsibilities, Abtech will familiarize and train each assigned and back up engineer on the inner workings of the City.

4.12.a
Packet Pg. 297 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

(Executive Summary Continued)
d. Our NOC personnel will begin to have exposure to the City’s environment from the day-to-day calls, then build on that with specific study and knowledge sharing between staff members. e. We will utilize our on-site presence, working alongside other skilled members of the City's team to facilitate sustained collaboration and the exchange of critical knowledge. This will be an essential factor for achieving our goals.

3. Abtech can enhance productivity and reduce costs through various methods, including:
a. Abtech Technologies has gained extensive experience over many years in on-boarding clients and will utilize this expertise to seamlessly transition the City of Laguna Hill’s services from the current model to those of Abtech Technologies. This process will be crucial to ensure that the City's IT infrastructure is properly configured, and all necessary systems and applications are set up and functioning properly. b. Abtech will utilize our help desk ticketing system, in conjunction with Abtech’s knowledge base, to provide support for the city’s users. Our team will document, and track help desk tickets received via phone, email, or in-person throughout the day. We will offer comprehensive support for hardware, software, and networkrelated issues, including installation, troubleshooting, and replacement of IT equipment. c. Our team will collaborate closely with the City's third-party IT consultants and vendors to ensure smooth functioning of the City's IT infrastructure.
d. Additionally, we will maintain and document an up-to-date knowledge base of software and hardware inventory, as well as license information.
e. Abtech will be responsible for managing, documenting, and maintaining the City’s infrastructure and system administration. This includes access permissions and controls, network configurations, email/file server administration, server maintenance (including updates and patching), user on/off boarding, firewall configuration and maintenance, security filtering, and monitoring and maintaining the system backup.

Abtech will ensure that all systems are up to date and functional. Abtech will work closely with the City to help ensure that necessary security measures are in place. f. Abtech can offer the City support to move its backup and disaster recovery to the cloud via our StorTrust Disaster Recovery offering. This will result in greater efficiency and security when files need to be recalled in the event of a service interruption. It will allow the City to spin up its servers, in a prioritized way, from a private cloud and enable the City’s staff continuous access to their IT work environment. g. Our Network Operations Center (NOC) and Remote Help Desk will enable us to provide proper coverage and ensure that your team always receives comprehensive support.

4. Why Abtech believes it is most qualified:
a. Abtech Technologies’ intention is to increase IT efficiencies for the City so you can lower your IT cost commitment as well as reduce your overall risk. Some examples of these would be: move to Abtech’s StorTrust cloud backup and disaster recovery.
b. Abtech Technologies is currently engaged with City of Lake Forest as their IT Managed Services Partner including onsite/remote help desk, project design and implementation. They also use Abtech Technologies Back Up and Disaster Recovery Service (StorTrust) that currently performs back-ups to both an on-site appliance and replicates back-ups to the Abtech Technologies Tier 3 Data Center in Nevada.

4.12.a
Packet Pg. 298 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

(Executive Summary Continued)
c. We have been serving the needs of Southern Californian public and commercial companies for over 35 years.
d. Abtech Technologies implements more than 100 projects annually. e. Many of our associates have passed the 20-year mark with Abtech Technologies; with such tenure, they retain a great working knowledge of client’s internal processes and will do so for the City. f. Support of numerous Southern California City/County/College clients over a period of 20+ years. g. Dell recognized our service excellence and approached us to become a Dell Authorized MSP partner. With this designation, we are approved to perform all the regular MSP activities for Dell clients. h. Multiple Abtech engineers have the Dell Certified Implementation Engineer status. i. We can provide training and exercises pertaining to phishing, and other forms of cybersecurity. j. Abtech has multiple warehouses where we stock spare parts for our clients to reduce down time. k. Background check performed on all new employees.

5. In addition, Abtech has the following capabilities:
a. Architecture, Engineering, and System Design Services b. Cybersecurity Assessments and Remediation
c. Security Operations Center (SOC)
d. IT Compliance Solutions
e. New System Implementation Projects
f. Network and Infrastructure Deployments
g. Unified Communications (VOIP and Telecommunications) h. Cloud and Virtualization Migrations
i. Azure Migrations
j. Office Relocations
k. SharePoint Services
l. Abtech Training Courses (ie. Microsoft Productivity Suite Training) m. Application and Database Implementations
n. Disaster Recovery Planning and Implementation
Abtech Technologies Cloud-Based Disaster Recovery offers many advantages over traditional Disaster Recovery. Large capital costs go away as do the concerns that the solution may not function should disaster strike.

4.12.a
Packet Pg. 299 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

(Executive Summary Continued)
StorTrust Cloud Disaster Recovery Services go further still. We manage the whole process for you.

From the initial seeding process, through the annual test to properly validate the backup, to a disaster occurrence - our engineers will take the lead. We take time to fully understand your environment and make sure you know what will happen if you need to declare a disaster.

1. Our Facility
a. Tier 3+, SSAE16 Compliant Data Center.
b. Multiple Power and Telco Providers.
c. Highest level of site security.
d. Main site in Nevada with others planned.

2. Our Cloud
a. Fully redundant storage configuration on Dell hardware. b. SonicWALL firewall protection.
c. Dell Cloud Servers for spin up performance.
d. Supports VMware or HyperV as well as physical servers.

4.12.a
Packet Pg. 300 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

Schedule A: Definitions of Services
As part of the Monthly Management Charge (MMC), City of Laguna Hills(“Client”), shall be entitled to up to a predesignated number of hours per month to be used for IT support services for their Covered Environment. This service includes remote and on-site support, as further described in attachment (C: Manage IT Services – Statement of Work, page 30)
A) Abtech RMM, NOC, and Help Desk Services
The hourly entitlement can be used for the following services:
1) Abtech Remote Monitoring & Management (RMM):

Abtech RMM Service includes the following:
• 24x7 Monitoring:
o Physical state of servers, storage devices, network devices o Up/down of virtual machines
o Up/down of Microsoft infrastructure applications (Server, SQL, Active Directory, Exchange)
o Pass/fail backup
o Thresholds (disk percentage full, recurring memory issues, recurring errors indicating physical or configuration issues, etc.)
o Critical services and ports
o Up/down of connection to internet
o Workstation hardware failure monitoring (if OS reports the fault) and patching • Review anti-virus, anti-spam policies if on approved vendor list and Abtech has access to management console
• Automated server patching (critical and security-related updates only, others optional as discussed with Client)
• Scheduled business reviews to go over service delivery and make recommendations 2) Abtech Help Desk Services:

Abtech’s Help Desk Service supports users of desktop systems, laptops, or mobile devices. Abtech will provide remediation services, either onsite or remotely, during Abtech business hours. Help Desk Services include:
• Functionality of Microsoft Office applications (Word, Excel, PowerPoint, Outlook) • Functionality of desktop operating systems (Windows, MacOS) • Connectivity (server, internet, printers, mobile devices) • Desktop stability and performance
• Account maintenance (username/password resets, access) • File/message restore, if possible
• Assist remote workforce

4.12.a
Packet Pg. 301 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

(Definition of Services Continued)
5) RocketCyber SOC by Kaseya
RocketCyber’s Managed SOC (security operation center) is a managed detection and response service that leverages RocketCyber’s Threat Monitoring Platform to detect malicious and suspicious activity across three critical attack vectors: Endpoint | Network | Cloud. This service is comprised of an elite team of security veterans and experts who proactively hunt and investigate threat activity, perform the triage of detections, and work with your team on the remediation when an actionable threat is discovered.
(see attachment E: RocketCyber SOC by Kaseya – Offer of Complimentary Security Measure, Page 40) B) One-Time Services:

The following “as needed” services will be invoiced separately from the MMC and as required by Client:
1) Onboarding Services:

Onboarding services allow Abtech to implement the necessary hardware & software into the Client environment, as well as gather the necessary environment data to be recorded in our Network Operations Center. Onboarding tasks are further described in Attachment (D: Onboarding – Statement of Work, page 36)
2) Projects/Consulting:

Any service that is not detailed in Section A or, in Abtech’s experience, a service that requires time, effort, or personnel beyond the normal parameters of Section A is considered a project. Project work will be quoted separately with a defined Statement of Work (SoW) and invoiced separately. See hourly rates in Schedule C Table 3, page 21.

C) Recommended Subscription Options
Client may subscribe to the following services which will be added as a separate line-item charge to the monthly invoice:
1) Datto SaaS Protection:

Datto SaaS Protection provides backup and recovery for M365 and Google Workspace. 2) Off-Site Backup and Disaster Recovery Services:

An off-site and air gapped backup and Disaster Recovery plan are recommended to avoid excess downtime and expense due to ransomware, environmental issues, and general failures. Abtech recommends subscribing to Abtech’s StorTrust hybrid cloud backup and disaster recovery service. 3) Laptop and Workstation Backup and Recovery Services:

Datto file protection is the preferred endpoint data protection product. 4) Microsoft Subscriptions:

Any Microsoft licenses provisioned by Client or by Abtech at Client’s request (eg. Office365, Azure, etc,) will be added to the monthly invoice.
5) Other Third-Party Software Subscriptions: Any other third-party software licenses provisioned by Client or by Abtech at Client’s request (eg. DropSuite, AWS, etc.) will be added to the monthly invoice.

4.12.a
Packet Pg. 302 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

(Definition of Services Continued)
3) Abtech Network Operations Center (NOC) Services:

Abtech's NOC Service includes the following:
• Remediating configuration issues with servers, storage, network devices, virtual machines, MS infrastructure applications, connectivity to other devices (print devices, etc.) • Installs of Microsoft desktop updates (critical and security-related updates only, others optional as discussed with Client) and Microsoft Office applications • Patch management and manual server patching
• Troubleshoot internet connectivity and network degradation • Active Directory administration (add/remove users, security groups, permissions) • Exchange administration (add/remove mailboxes, archiving, groups, forwarding) • Restore files if available
• Assist application managers, database administrators, and vendors with infrastructure during their own troubleshooting. Support for specialized business applications (CAD, CRM, accounting, etc.) is limited to troubleshooting underlying infrastructure software (eg. MS operating systems, Exchange, Active Directory, etc). Any further troubleshooting, upgrading, or help desk questions should go to the application provider. • Remediation of the above during normal business hours (M-F 6AM-6PM PST). Abtech extended call-in hours are available from 6PM-9PM, subject to after-hours rates at the discretion of Abtech.
4) Abtech Enhanced Security Package: (Includes the following) • Datto EDR/Defender; Endpoint security; next-generation anti-virus; content filtering; helps protect against ransomware, malware
• Proofpoint Essentials Advanced: Email security, anti-phishing, anti-spam, attachment protection, url protection. (Included in this contract Enhanced Security Package) • Cisco Umbrella Secure DNS: Helps protect against infected websites, by blocking access before your browser loads it.
• Vulscan (Kaseya): Examines known vulnerabilities via internal network scanning with alerts to threats to the network.
• Cyberhawk (Kaseya): Incorporates extra protection to help with the multi layered defense of your overall IT security with respect to: intrusion detection, spy-ware and malicious activities.
• Network Detective (Kaseya): Collects network assessments with detailed information on network assets and risk identification.

4.12.a
Packet Pg. 303 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

(Definition of Services Continued)
D) Suitability of Covered Environment
Abtech agrees to use good faith efforts based on industry standards and practices to complete a service or deliver goods to as close to Client’s satisfaction as is technically reasonable and without undue delay.

Client understands and agrees that due to the inherently complicated nature of computing environments, limitations and compatibility of hardware and software, the shared nature of all service with other clients, or variables beyond the control of Abtech, that Abtech cannot warrant or guarantee availability or that Abtech’s recommendations, solutions, efforts, availability, or any service may produce results desired by Client or achieve an intended goal and as such are provided on an “as is” basis 1) In order for Client’s Covered Environment to qualify for Services, the following Minimum Standards must be met:
a. All servers with Microsoft Windows Operating Systems or applications must be running on an operating environment that is within Microsoft’s Mainstream or Extended Support lifecycle and have all of the latest Microsoft Service Packs and Critical Updates installed. b. All servers with UNIX (HP-UX, AIX, Solaris) or Red Hat Operating Systems must be running on an operating environment that is within the manufacturers current support lifecycle and have all of the latest patches installed. c. All desktops and notebooks/laptops with Microsoft Windows Operating Systems must be running an operating environment that is within Microsoft’s Mainstream of Extended Support lifecycle and have all of the latest Microsoft Service Packs and Critical Updates installed. All Apple desktops and notebooks/laptops must be running a version of Mac OS that is being actively developed by Apple.
d. The Covered Environment must have a currently licensed, up-to-date and vendor-supported server/appliance- and desktop-based anti-virus, anti-spam, and anti-spyware solution protecting all Covered Hardware and Covered Software.
e. The Covered Environment must have a currently licensed, vendor supported, Abtech approved backup solution.
f. The Covered Environment must have a currently licensed, vendor-supported hardware firewall between the internal network and the internet. Any wireless data traffic in the environment must be secured with a minimum of 128bit data encryption. g. The Covered Environment must have suitable cooling, power conditioning and battery backup, uninterruptable power supply (UPS), or generator for environmental protection. h. Covered Software and Covered Hardware must be genuine, licensed, and in a manufacturersupported configuration (including manufacturer approved compatibility with hardware and software it interacts with). Client agrees to comply with any third-party agreement, including but not limited to end user license agreements (“EULA”), service agreements, terms and conditions, etc. of any technology that Abtech performs services on. Such agreements are executed between Client and manufacturer and as such Abtech shall not be a party to those agreements. Client is solely responsible for any payments, fees, or renewals owed to the manufacturer. In the event that Abtech as a reseller of the manufacturer or Client is using Abtech infrastructure as a service which generate manufacturer fees, Abtech’s sole responsibility will be to invoice those fees and pay the manufacturer.

4.12.a
Packet Pg. 304 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

(Definition of Services Continued)
i. Covered Environment must have current call-in technical support and onsite maintenance contract from the original manufacturer or equivalent third party. Such support must grant Client entitlement and access to the Intellectual Property required to fix Covered Software and Covered Hardware, including but not limited to patches, updates, firmware, fixes, utilities, documentation, and tools. The cost of such licensing, support, maintenance, incident fees, or hardware repair is not included in this Service Agreement. j. Primary and secondary email addresses for communication with Authorized Contract Administrator or designee(s) for the escalation of Service Request issues, notice of critical events, or situations requiring a Client decision or information to proceed with the Service Request. For the sake of redundancy in case Client’s primary email server or service is disabled, the secondary email address(es) must be routed through a server or service that is not related to Client’s primary email server or service. k. Client is responsible for notifying Abtech of any regulations regarding their environment (HIPAA, PCI, Sarbanes-Oxley, etc) and shall assume any additional costs to achieve and maintain regulatory compliance.
l. Client shall provide Abtech full and free access to Covered Environment both physically and remotely. Client agrees to allow the installation of Technology on Client’s network as necessary to allow for the performance of Services.
2) Should the Covered Environment not meet the minimum standards, all Services shall be performed on a good faith effort basis. Abtech shall make no guarantees regarding the ability of Abtech’s engineers or technologies to provide Services to any item of the Covered Environment that does not meet the minimum standards. Abtech’s may be required to, and without breach, delay in providing Services on any item in the Covered Environment that does not meet these minimum standards until such minimum standards are met and after which Services on those items will resume. Costs associated to bring Client’s environment up to these minimum standards are not included in this Service Agreement. Client may contract with Abtech to bring the environment up to the minimum standards as a Project.

E) Excluded Services
1) Service rendered under this Service Agreement does not include:
a) Any service that changes or is the result of a change the Covered Environment including but not limited to hardware or software installations, relocations, moves, or adding more storage or servers, service or repair made necessary by the alteration, upgrading, configuration, or modification of Covered Environment by Client, manufacturer, or any other party including Abtech.
b) Service to any user, equipment, software, or location that is not included in Schedule B:

Covered Equipment, in the Onboarding Document, or any equipment or software not in a known working state.
c) Removal of virus, malware, or spyware in Covered Environment not detected and/or quarantined by the latest anti-virus, malware, and spyware definitions or introduced by unprotected equipment.
d) Ransomware removal, data restoration, and ransom negotiation, etc. e) Validation of backups and the handling, transport, or storage of backup media.

4.12.a
Packet Pg. 305 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

(Definition of Services Continued)
f) Research and design of information technology solutions for Client. g) Migrations: new platforms, major releases, data, application h) Repair of damage or restoration of functionality resulting from acts of God including but not limited to flood, lightning, fire, earthquake; failure due to air conditioning, power, or humidity control; or abuse, misuse, negligence, neglect, accident, transportation or moving; or any causes other than normal usage. Business analyst work, application development, modifications, configuration, customizations, or documentation of Client processes. Programming (modification of software code) and program or application maintenance.
i) Training services of any kind. Except for Help Desk Training as described in section 3.4 on page 31.
j) Consumable supplies: toner, toner cartridges, ink, ink cartridges, pens, ribbons, paper goods, film and vellums, tape, tape cartridges, cables (both internal and external), floppy disks, removable hard discs, and CD-ROMs; Structural, cosmetic, electrical work or cabling external to the system(s) or equipment.
k) Routine printer hardware errors (paper jams, toner replacement, etc.). l) Any service resulting from security breaches including those caused by Customer not adhering to industry standard internal security or Abtech recommendations including but not limited to: routine password changes, forbidding login/password sharing, strong passwords, loading non-Abtech approved software, circumventing or removing security software or devices, not updating software or firmware, not purchasing recommended security solutions, or opening ports.
m) Any services required to accommodate Client’s regulatory requirements (including but not limited to HIPAA, PCI, or Sarbanes-Oxley) to bring Client and Abtech into compliance or maintain compliance.
n) Warranties from third parties. Except for services delivered directly by Abtech employees, Client understands that Abtech is not the manufacturer of resold products and the only warranties offered are those of the manufacturer, not Abtech. Warranty remedies offered by manufacturer are Client’s exclusive remedies. o) Rights
2) Client understands and agrees that any request which is beyond the MMC scope of Section A:

Definition of Services is considered a Project. Client may elect to have Abtech perform these Projects and will be invoiced at the hourly rates in Schedule C Table 3, Page 21. Additional materials, supplies, and equipment may also be required which may be quoted to Client upon Client’s request. Project Services and products will be provided only after Client’s written acceptance of Abtech’s written estimate and shall be invoiced separately.

F) Security
1) Abtech shall make all good faith efforts to safeguard and protect equipment, programs, Documentation, and files from damage, loss, or corruption while performing all services but cannot warrant or guarantee complete security. It shall be the responsibility of Client to ensure the security of their systems, data, programs, and files including but not limited to the proper configuration and maintenance of physical, administrative, and technical safeguards as they relate to access. In no event will Abtech be responsible, nor will Abtech have any liability, for physical, administrative, or technical controls related to the products, systems, networks, devices, facilities, or information technology that Client partially or completely controls, including but not limited to network

4.12.a
Packet Pg. 306 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

(Definition of Services Continued)
connectivity and internet connectivity. Abtech uses physical, technical and administrative safeguards designed to secure products, services, and content under Abtech’s control against accidental or unauthorized loss, access, or disclosure. However, no password-protected system of data storage and retrieval can be made entirely impenetrable and Client acknowledges and agrees that despite the measures employed, Services are not guaranteed against all security threats or other vulnerabilities and Client uses Services at Client’s own risk. 2) A reliable and verified system backup and disaster recovery procedure which restores data at the recovery point and within the recovery time acceptable to Client shall be the responsibility of Client.

Client shall have at a minimum, two (2) verified current system backups available prior to Abtech performing any task on Client Environment or Intellectual Property, or the installation of any hardware or software provided to Client by Abtech, regardless if Abtech personnel are involved in the services to implement such hardware or software or not. Transfer of Client data may be across the public internet and encryption is highly recommended for security. 3) Abtech will not be responsible for loss, inaccessibility, or exposure of data under any circumstance, including but not limited to damage, total or partial loss, theft, exposure, ransoming, corruption, or inaccuracy. If access to data is temporarily disrupted due to the gross negligence or willful misconduct of Abtech, Abtech shall, at its own expense and as Client’s sole remedy, restore Client data from Client’s verified current system backup.

4.12.a
Packet Pg. 307 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

Schedule B: Covered Environment
Covered Hardware Quantity
(up to)
Support
Included
in MMC
Servers: Dell
Physical: 5 Virtual: 20 Hypervisor: VMware 25 Yes
Desktops / Laptops1,
2 : Dell 50 Yes
Managed Switches2: Cisco/HP 4 Yes
Wireless Access Points: Cisco/Meraki 10 Yes
Firewalls: SonicWall 2 Yes
SAN/NAS2: TBD 1 Yes
UPS2: TBD 2 Yes
Tablets2,3: iPad 2 Yes
Smart Phones2,3: N/A N/A No
Other: N/A N/A No
Covered Software Version
Support
Included
in MMC
Server Operating Systems: Windows 2016+ Yes
Desktop Operating Systems: Windows and Mac 10+ Yes
Email: Outlook TBD Yes
Business Productivity
Software: Office 365 TBD Yes
Antivirus Software: ESET TBD Yes
Backup Software: Veeam TBD Yes
3 rd Party Vendor Assistance3
: Abtech will engage with 3rd party vendors for support TBD Yes 1 Up/Down monitoring and alerting if connected to network and is manageable. 2 Company issued devices only.
3 Assist Client with communication and issue resolution concerning 3rd party services as it relates to Client’s network and server systems. Abtech cannot guarantee resolution of any issue to any level of Client’s satisfaction in which Abtech must rely on a 3rd party to resolve. 4 Assist Client with communication and issue resolution concerning 3rd party services as it relates to Client’s network and server systems.

Abtech cannot guarantee resolution of any issue to any level of Client’s satisfaction in which Abtech must rely on a 3rd party to resolve

4.12.a
Packet Pg. 308 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

Schedule C: Pricing
Table 1: Summary of Monthly Charges
Service Description Qty Price Extended
Price
MMC for Abtech RMM Monitoring, Alerting, and Automated
Patching 1 $250 $250.00
MMC for Help Desk and NOC Monthly entitlement of up to 10 hours/month of Help Desk and NOC Services. 10 $175 $1,750.00
MMC for Onsite Help Desk and NOC
Monthly entitlement of up to 32 hours/month
of Onsite Help Desk and NOC Services.

Limited to 1 onsite visit per week
32 $175 $5,600.00
Abtech Enhanced Security
• Abtech Enhanced Security Package
Including:
• Up to 50 licenses of Datto EDR/Defender
• Up to 50 licenses of Proofpoint Essential
Advanced
• Cisco Umbrella Secure DNS Site license
• Vulscan SW license
• CyberHawk SW license
• Network Detective SW license
1 $800 $800.00
RocketCyber SOC by Kaseya
(Complimentary as described in c below)
• Comprehensive 24X7 Monitoring
• Real-time Threat Intelligence & Hunting
• Breach Detection
• Intrusion Monitoring
• NextGen Malware
• PSA Ticketing
50 $10 $0
Monthly Total: $8,400.00
a) Additional hours beyond entitlement for Remote NOC and Help Desk business hours labor will be added to the monthly invoice at the following rate: $175/hour, invoiced in 9-minute increments. All other rates (projects, after hours, holiday) are detailed below. Any service subcontracted to an Abtech partner may carry an additional hourly fee. b) Additional hours beyond entitlement for Onsite NOC and Help Desk business hours labor will be added to the monthly invoice at the following rate: $200/hour, invoiced in 9-minute increments. All other rates (projects, after hours, holiday) are detailed below. Any service subcontracted to an Abtech partner may carry an additional hourly fee. c) RocketCyber SOC by Kaseya will be offered for up to 50 devices at no charge from contract commencement to June 30, 2025. Beginning July 1, 2025, billing for RocketCyber SOC will commence at the cost of $10 per user on a monthly basis, for the remaining term.
d) Adding more monitored endpoints or computer users could incur additional fees.

4.12.a
Packet Pg. 309 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

(Schedule C: Pricing Continued)
Schedule C: Pricing
Table 2: Summary of One-Time Charges
Service Description Hours Price/Hour Extended Price
Onboarding Client Onboarding Project 12 $175 $2,100.00
Deploy Enhanced Security
Package
Abtech Enhanced Security Package Installation
Project 15 $175 $2,625.00
One-Time Total: $4,725.00
a) Hours are an estimate based on information given to Abtech by Client. Actual hours will be invoiced, based on the hourly rates above (Summary of One-Time Charges – Table 2) Schedule C: Pricing
Table 3: Summary of Charges Outside MMC
All remediation services as well as any additional support and project services outside the MMC scope of service as defined in Section A of Schedule A, will be invoiced at the following rates:

Additional Services Abtech Business
Hours
Outside Business
Hours Abtech Holidays*
Helpdesk/NOC - Remote/Telephone: $170/hour $220/hour $240/hour Minimum: 9-minute increments 1 Hour 1 Hour
Helpdesk/NOC – Onsite: $190/hour $240/hour $240/hour
Minimum: 2 Hours plus travel 2 Hours plus travel 2 Hours plus travel Hardware Support - Onsite, portal to
portal:
$190/hour $240/hour $240/hour
Minimum: 2 Hours plus travel 2 Hours plus travel 2 Hours plus travel Consultant/DBA – Remote/Telephone: $240/hour $240/hour $240/hour Minimum: 1 Hour 1 Hour 1 Hour
Consultant - Onsite, portal to portal: $240/hour $240/hour $240/hour Minimum: 2 Hours plus travel 2 Hours plus travel 2 Hours plus travel *Abtech Observed Holidays schedule for current/future years available upon request.

4.12.a
Packet Pg. 310
Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

ATTACHMENT A

REFERENCES
Below is a list of representative projects Abtech has engaged with. We will provide you with contact information for the below entities, upon request.

Company: City of Lake Forest
Description of Project:

Abtech Technologies is the contracted Managed Service Provider for the City of Lake Forest. We also provide the City with our backup/disaster recovery technology (StorTrust), for local and cloud backup and recovery.

Services we provide:

On-site/Remote help desk, project architecture and implementation, security, purchasing, SQL database administration, IT system management, project management, inventory control, and many other services that we provide.
- One (1) On-Site Help Desk engineer, with another engineer cross trained on the City’s processes - One (1) vCTOs, with another vCTO, cross trained on the City’s processes - One (1) vCSO
- One (1) Account Manager
- One (1) Database Administrator
- One (1) Project Technical Manager
Company: County of Ventura Dept. Information Technology Services Description of Project:

Hardware and Software Support, 50+ HP Proliants, HP Blades, Storage Arrays, Network and Fiber Switches
Company: San Diego Metropolitan Transit System
Description of Project:

Hardware Software Support DELL EMC SAN
Company: City of Santa Cruz
Description of Project:

Hardware Support 50+ DELL servers and HP Storage Arrays Company: Riverside Community College District
Description of Project:
100+ servers HP ProLiant’s, DELL, HP SAN, Windows, and LINUX. 24x7x4x365 support. Three campuses, District office and Learning Center.

Company: Placer County
Description of Project:

Abtech Technology provides System Administration and Oracle Database Administration services. Abtech Technologies manages three computer systems running a Public Safety Jail system consisting of an application, database, and disaster recovery environment. System Level 24x7x365 monitoring, management, and onsite repair.

Placer County has been a support client since 2011.

4.12.a
Packet Pg. 311 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

ATTACHMENT B

RESUMES
We have included resumes of 4 members of staff that we intend to utilize as acting members of your team at the City of Laguna Hills. We have many other resumes of specialist engineers who would perform all out-of-scope projects and consulting work. Available upon request.
#1 Virtual Chief Technology Officer - Onsite/Remote
Summary
18 years’ experience with a diverse range of Information Technologies.   Strong troubleshooting skills developed in a wide range of production and small office environments.  Excellent customer relation abilities learned as I.T. sales and repair technician for small business.  Former owner of Delta-V Computers, providing services to small business and home users.  Currently working as Network Operations Manager for Abtech Technologies providing managed I.T services to a wide range of medium to large businesses Professional
NETWORK OPERATIONS MANAGER | ABTECH TECHNOLOGIES | 2017 – PRESENT • Provide leadership for level 1,2, and 3 phone and on-site support for dozens of accounts daily • Current in modern I.T. security practices through CompTIA Security+ certification • Possess the knowledge and skills required to identify risk in infrastructure, application, operational, and information security
• Able to participate in risk assessment and mitigation activities • Ability to apply security controls to maintain confidentiality, integrity, and availability of network resources
• Operate with awareness of applicable policies, laws, and regulations • 8 years hands on experience troubleshooting and maintaining Windows Server 2008R2 to 2019 • Experienced in deploying Windows servers in new and existing production environments. • Proficient with Active Directory security and permissions • Advise clients on hardware and software requirements
• Attend on-site meetings to discuss client I.T. requirements SYSTEMS ENGINEER | ABTECH TECHNOLOGIES | 2014 – 2017
• Lead Engineer for multiple accounts
OWNER | DELTA-V COMPUTERS | 2008 – MARCH 2014
SALES AND REPAIR TECHNICIAN | BEDFORD COMPUTERS | FEBRUARY 1996 – SEPTEMBER 2000
Technical Proficiencies
• Windows Server 2008R2 to 2019
• Active directory
• I.T. security practices
• Risk assessment and mitigation
• Network design
• Troubleshooting network devices

4.12.a
Packet Pg. 312 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

(Resume Continued)
Certifications
• CompTIA Security+
• CompTIA Network+
• CompTIA A+
• Cisco Certified Network Associate
• PC Servicing and Repair (NRI Schools)
H.S. DIPLOMA | 1988 | BRIARFIELD ACADEMY
CISCO NETWORKING ACADEMY TRAINING | 2006 - 2007 | MIRACOSTA COLLEGE

4.12.a
Packet Pg. 313 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

(Resumes Continued)
#2 Virtual Chief Security Officer - Onsite/Remote
Professional
SENIOR TECHNICAL MANAGER- IT SECURITY AND STORTRUST | ABTECH TECHNOLOGIES | APRIL 2018 – PRESENT
• Maintain IT Infrastructure Security
• Oversee team of Engineers performing day-to-day IT security tasks for contracted accounts • Setting policies, documentation, and processes for the IT security department • Infrastructure Management
• Ensure success from customer technical level
• Work with Sales for sizing and proposals
IT MANAGER/ SENIOR ENGINEER | SLINGSTONE IT (THIS COMPANY WAS ACQUIRED BY ABTECH IN 2018) | JULY 2012 – MARCH 2018
• Recommend security best practices and HIPAA requirements for major client • Manage large and medium size local clients nationwide • Provide onsite support for assigned clients including planning and execution of office moves, installation of enterprise equipment as needed
• Work with vendors as needed to support the IT interests of clients including security planning and execution of server migrations
• Learned in depth and supported several different manufacturers of medical equipment for major client • Led major client through phasing out Windows XP for Windows 7 workstations.

TECHNICAL SUPPORT ANALYST/SYTEMS ENGINEER | D2 BUSINESS SOLUTIONS | APRIL 2012 – JUNE 2012
• Technical support for end user clients as needed onsite and remote • Configure, build physical and virtual servers for clients • Led teams for onsite rollout of physical servers and networks in various industries DISTRIBUTION ASSOCIATE | ARBITECH | NOVEMBER 2007 – DECEMBER 2011 • Manage and support multi-million-dollar server inventory, networking equipment • Help with configuration and building of HP servers to customer ordered specifications • Aid with shipping and logistics of orders as needed
Technical Proficiencies
• IT Security, Active Directory,
• O365
• Windows Server 2003-2022
• SonicWall
• Dell Server
• Dell Networking
• Windows 95 – 11
• Microsoft Exchange 2010
• VMware ESXi 5.5 - 8.0
• Data Backup and Recovery
• Ransomware Recovery
• Disaster Recovery

4.12.a
Packet Pg. 314 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

(Resumes Continued)
Certifications
• Microsoft Certified Systems Engineer: Security on Windows Server 2003 • Microsoft Certified Systems Administrator: Security on Windows Server 2003 • CompTIA Security+
• CompTIA Server+
• CompTIA Network+
• CompTIA A+
• Dell Technologies Certified Specialist PowerProtect Cyber Recovery • Veeam Sales Professional (VMSP) 2021
• Veeam Technical Sales Professional (VMTSP) 2021
• Microsoft Certified Azure Fundamentals
• Microsoft 365 Certified: Modern Desktop Administrator Associate • Microsoft Specialist: Windows 7, Enterprise Desktop Support Technician • Microsoft Specialist: Windows 7, Configuring
• Microsoft Certified IT Professional: Enterprise Desktop Support Technician on Windows 7 • Microsoft Certified Professional: Microsoft Certified Professional • Microsoft Specialist: Administering Office 365 for Small Business • Microsoft® Certified Solutions Associate: Windows 7
• Microsoft Certified Desktop Support Technician: Windows XP • Microsoft Certified Systems Engineer: Windows Server 2003 • Microsoft Certified Technology Specialist: Microsoft Windows Vista, Configuration • Microsoft Certified Systems Administrator: Windows Server 2003 • Microsoft Certified Professional
• Microsoft® Certified Technology Specialist: Windows 7, Configuration MCSE Courses | 2009 – 2010 | New Horizons Computer Learning Center |

4.12.a
Packet Pg. 315 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

(Resumes Continued)
#3 IT Technician - Onsite/Remote
Professional
SYSTEMS ENGINEER | ABTECH TECHNOLOGIES | 2021 – PRESENT • Providing tier1 and 2 IT Help Desk support for system issues and support of end-to-end solutions ranging from client, server, and network infrastructure environments. Server patching and management • Maintaining and creating Active Directory Domain Service Object Units as well as linking Group Policy Objects. SonicWall proficiency
• Installing, configuring, testing, and maintaining operating systems, Office 365 application software and deployment, Antivirus, Anti-malware Internet security software and system management tools for remote management. Customer service
• Creation and management of vendor problem tickets to resolution using Datto’s cloud-based SA software, Autotask. Citrix experience
• Configuring and installation of computer hardware, peripherals, services, settings, directories, storage, rack system servers as well as end-point client configuration in accordance with standards and project/operational requirements as well as event reporting. • Managing and monitoring system upgrades and support existing systems and infrastructure to ensure operational stability and proactively ensure the highest levels of systems and infrastructure availability. • Actively collaborate with product and project teams to understand needs and enable them within the infrastructure and ensure compatibility.
• Monitoring and testing of application performance for potential bottlenecks, identifying possible solutions, and work with developers to implement those fixes.
• Maintaining security, backup, and redundancy strategies using ESET Security and SonicWall Capture Client
• Debugging, support, and post-mortem reporting and analysis for security and software incidents as well as service interruptions.

TECHNICIAN SPECIALIST | PROFESSIONAL ACCESS CONTROL | 2019 - 2020 • Installation, programming, configuration, and service maintenance of high-end access control systems, remote lock hardware, video surveillance management systems (Camera and Heat sensing devices) and network IP devices.
• Conducted Wireless site surveys and implemented/Configured Wireless AP’s as well as Installed network rack systems such as switches, routers and KVM’s and provided all necessary raceways and cabling management.
• Installation of intrusion device detection systems panel’s/enclosures as well as provided the proper cable management and termination.

TECHNICAL PROFICIENCIES/EXPERIENCE
• Certifications: CSULB -Cybersecurity Professional Certificate • Technology: Networking, Linux/Linux Security, Network Security, Microsoft Security, Cloud Security, Cyber Technologies, Python, Ethical Hacking, DFIR (Data Forensics & Incident Response), OSI Model • Networking’s & TCP/IP Models, Security Concepts, Practical Cryptography, Secure Access Management, PS, Layer 2 Attacks
• Security: Splunk, Cuckoo, pFsense, Wireshark, Microsoft Security Policies, Shares and Permissions • Ethical Hacking: BurpSuite, Penetration Testing, Network Attacks, Brute-Force, Privilege Escalation • Operating Systems: MacOS (Big Sur/IOS) Windows (7, XP, 10), Kali Linux, Ubuntu, Windows Server 2012 R2
• Languages: English (Native) and Spanish (Advanced)

4.12.a
Packet Pg. 316 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

(Resumes Continued)
#4 IT Technician - Onsite/Remote
Professional Experience
Systems Engineer | Abtech Technologies | 2016-Present
• Managing workstations and servers for clients
• Server patching and management
• Troubleshooting workstations
• SonicWall Proficiency
• Handle incoming calls
• Customer Service
Computer Technician | Tech Central at Pepperdine University | 2012-2015 • Knowledge on handling a PC and removing viruses
• Customer service
• Responsible for opening and locking up office
• Troubleshooting of student and faculty computers
• Evaluation and replacement of laptop computer parts
• Troubleshooting through phone calls and ticketing system • Transferring and back up of hard drive data
• Proficient knowledge of Microsoft Office
Technical Proficiencies
• CompTIA Security
• Risk Management (Assessment and Mitigation)
• Networking
o Planning
o Upgrades
o Configuration
o Maintenance
o Trouble Shooting
o Microsoft Server Platforms
• Servers
o Windows Server 2009 R2 to 2016
o Deployment
o Active Directory
• Customer Relations
o Lead Engineer
o Remote and on-site Support
o Advise clients on Hardware and Software
o Attend on-site meetings

4.12.a
Packet Pg. 317 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

(Resumes Continued)
I. Help Desk Engineer:
• Knowledge on handling a PC and removing viruses
• Customer service
• Responsible for opening and locking up office
• Troubleshooting of student and faculty computers
• Evaluation and replacement of laptop computer parts
• Troubleshooting through phone calls and ticketing system • Transferring and back up of hard drive data
• Proficient knowledge of Microsoft Office
• Managing workstations and servers for clients
• Onsite customer repair
• SonicWall Firewall
• Troubleshooting workstation
Certifications
• COMPTIA Security+
• COMPTIA A+
• COMPTIA Network+
• COMPTIA IT Operations Specialist
• Amazon Web Services Cloud Practitioner
• Cisco Certified
• PC Services and Repair
Education
B.A. in Biology | 2012 – 2016 | Pepperdine University, Malibu, CA

4.12.a
Packet Pg. 318 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

Attachment C
Manage IT Services – Statement of Work
Statement of Work (SOW) for Managed IT Services
Service Overview Abtech Technologies is dedicated to providing the City of Laguna Hills with a comprehensive suite of managed IT services tailored to meet the City's evolving technology needs. The following detailed Statement of Work outlines the specific services and responsibilities for this contractual partnership.

1. Initial Assessment The journey towards exceptional managed IT services begins with a thorough initial assessment:

1.1 Assessment of Existing Infrastructure
• Abtech's IT experts will conduct a detailed review of the City's existing IT infrastructure, including hardware, software, and network configurations. • The assessment will involve gathering data regarding the City's current IT systems, identifying potential bottlenecks, and noting any immediate areas that require attention.

1.2 Live Optics Assessment
• To gain precise insights into the City's infrastructure performance, Abtech will utilize the Live Optics tool, a powerful analytics platform.
• Live Optics will assist in identifying performance gaps, ensuring resource optimization, and enhancing the overall efficiency of IT operations.

1.3 Infrastructure Recommendations
• Based on the assessment findings, Abtech will provide a comprehensive report outlining infrastructure recommendations.
• These recommendations will form the basis for optimizing the City's IT environment and providing a roadmap for future enhancements.

2. On-Site IT Technician Effective on-site support is crucial for ensuring seamless IT operations. The City of Laguna Hills will benefit from a dedicated on-site support engineer.

2.1 Technician Deployment
• Abtech Technologies will assign a dedicated on-site help desk IT Technician to the City of Laguna Hills.
• This technician will be complemented by a suitably cross-trained engineer to ensure comprehensive support.

2.2 Scheduled Availability
• The on-site support will be available one day per week, from Monday to Friday. • Operating hours will be from 8:00 am to 5:00 pm, totaling 32 hours per month as scheduled. • NOC services will be available from 6:00 am to 6:00 pm for remote support.

4.12.a
Packet Pg. 319 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

(Manage IT Services – Statement of Work Continued)

2.3 After-Hours Support
• In addition to regular business hours, Abtech can provide support during scheduled after-hours, non-emergency events.
• These include City Council meetings, Commission sessions, and other public meetings. • Any scheduled after-hours support from the onsite engineer will be deducted from the 32-hour monthly allotment.

3. Robust Help Desk and Network Operations A solid foundation of help desk and network operations is pivotal for smooth IT operations:

3.1 24/7 Monitoring and Alerting
• Abtech's Network Operations Center (NOC) will provide around-the-clock monitoring for the City's IT infrastructure.
• Vigilant monitoring encompasses server performance, network traffic, and security threats, with an emphasis on proactive issue detection.

3.2 Help Desk Support
• Abtech's Help Desk operates as the central hub for IT assistance, ensuring City staff can access support during business hours.
• The Help Desk addresses a wide range of IT concerns, including hardware and software issues, user inquiries, and troubleshooting.

3.3 Incident Resolution
• In cases where Abtech Technologies determines necessary, issues that demand technical expertise beyond immediate help desk resolution, Abtech's team will deploy on-site support or offer remote NOC assistance, invoiced to the MMC monthly allotment.
• This ensures that critical IT problems are addressed promptly, minimizing downtime and disruptions.

3.4 User Training and Guidance
• Abtech's Help Desk doubles as a valuable resource for user training and guidance. • City staff can seek assistance with covered software applications, gain insights into best practices, and enhance their IT proficiency.

3.5 Knowledge Sharing
• Collaboration is the cornerstone of effective IT operations. Abtech promotes knowledge sharing between its team and the City's IT personnel.
• Regular exchanges of insights, industry best practices, and cooperative troubleshooting contribute to enhanced collective expertise.

4. Training and Cross-Training Continuous learning is integral to proper IT support. Abtech invests in knowledge and skill development:

4.1 Onboarding and Cross-Training
• Non-core Abtech engineers will initiate cross-training during the onboarding process. • This cross-training aims to equip Abtech's team with the expertise necessary to meet the City's unique requirements.

4.12.a
Packet Pg. 320 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

(Manage IT Services – Statement of Work Continued)

4.2 Knowledge Base
• Abtech will leverage its internal knowledge base for training, ensuring the most up-to-date information is accessible.

4.3 Exposure and Knowledge Sharing
• Abtech's NOC personnel will gain exposure to the City's environment through daily interactions. • Specific study and knowledge sharing sessions between staff members will further enhance collaboration and expertise exchange.

5. Service Offerings Seamless service delivery is the hallmark of Abtech's commitment. Abtech Technologies provides a range of offerings for operational excellence:

5.1 Seamless Transition
• Leveraging years of experience, Abtech will provide a seamless transition from the current IT Managed Services model to Abtech's model.
• This process is pivotal for configuring the City's IT infrastructure, setting up systems, and ensuring they function optimally.

5.2 Help Desk Ticketing System
• Abtech will use its help desk ticketing system, coupled with its knowledge base, to offer support for the City's users.
• All help desk tickets received via phone, email, or in-person will be documented, tracked, and remediated. This comprehensive support covers hardware, software, and network-related issues, encompassing installation, troubleshooting, and replacement of IT equipment.

5.3 Collaboration with Third Parties
• Abtech's team will establish a collaborative relationship with the City's third-party IT consultants and vendors.
• This partnership ensures the seamless functioning of the City's IT infrastructure through coordinated efforts and effective communication.

5.4 Documentation
• Abtech will maintain and document an up-to-date knowledge base encompassing software and hardware inventory.
• This will include detailed license information to ensure full compliance with software requirements.

5.5 Infrastructure and System Administration
• Abtech will provide comprehensive management, documentation, and maintenance of the City's infrastructure and system administration.
• This encompasses access permissions and controls, network configurations, email/file server administration, server maintenance (including updates and patching), user on/off-boarding, firewall management, security filtering, and proactive system backup maintenance. • Abtech will ensure all systems remain up to date and fully functional while collaborating with the City to enhance security measures.

4.12.a
Packet Pg. 321 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

(Manage IT Services – Statement of Work Continued)

5.6 Network Operations Center (NOC)
• Abtech's NOC and Remote Help Desk will augment the onsite engineer to ensure the City receives comprehensive support services.
• This constant vigilance and availability ensure the City's IT team can access support even when they are off-site.

6. Abtech Enhanced Security Package City data security is paramount. Abtech's multi-layered security measures protect against evolving threats:

6.1 Datto EDR/Defender
• Abtech deploys Datto's Endpoint Detection and Response (EDR) and Defender, featuring advanced endpoint security measures.
• This includes next-generation anti-virus protection and content filtering, with real-time EDR capabilities to detect and respond to suspicious activities. • Defender provides critical defense against ransomware and malware, safeguarding City data.

6.2 Proofpoint Essentials Advanced
• Abtech deploys Proofpoint Essentials Advanced for robust email security. • This comprehensive suite features anti-phishing measures, anti-spam protection, attachment scanning, and URL filtering, fortifying email communication against malicious threats. • It reduces the risk of phishing attacks and email-borne threats.

6.3 Cisco Umbrella Secure DNS
• An integral component of the Enhanced Security Package, Cisco Umbrella Secure DNS acts as an initial line of defense against threats.
• It proactively blocks access to infected websites before they can load in web browsers, enhancing overall security posture.

6.4 Vulscan (Kaseya)
• Abtech employs Vulscan, a Kaseya tool for vulnerability scanning to identify potential weak points in the City's IT environment.
• The system thoroughly examines known vulnerabilities, issuing alerts for potential threats. • Abtech's proactive approach ensures swift risk mitigation, reducing exposure to security breaches.

6.5 Cyberhawk (Kaseya)
• Cyberhawk, another Kaseya offering, reinforces the City's IT security posture. • This comprehensive system extends protection beyond traditional anti-virus solutions, incorporating intrusion detection, spyware defense, and malicious activity identification. • It ensures the City's systems remain resilient against a wide array of cyber threats.

6.6 Network Detective (Kaseya)
• Abtech employs Network Detective as part of the Enhanced Security Package, conducting comprehensive network assessments.
• This tool gathers detailed information on the City's network assets and identifies potential risks. • Regular network assessments enable proactive vulnerability mitigation, ensuring ongoing network resilience and security.

4.12.a
Packet Pg. 322 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

(Manage IT Services – Statement of Work Continued)

7. RocketCyber SOC by Kaseya Enhancing cybersecurity defense. RocketCyber SOC empowers organizations to detect and respond to security threats:
(see attachment E: RocketCyber SOC by Kaseya – Offer of Complimentary Security Measure, page 40)

7.1 Threat Detection and Response
• RocketCyber SOC leverages cutting-edge technology to monitor the network for suspicious activities and known threat indicators.
• It rapidly identifies potential threats, including malware, intrusions, and data breaches, enabling prompt and effective response.

7.2 24/7 Monitoring
• With continuous, around-the-clock monitoring, RocketCyber SOC ensures constant vigilance over the network.
• This proactive approach ensures potential security incidents are identified and addressed without delay.

7.3 Incident Response
• In the event of a security incident, RocketCyber SOC provides a well-defined incident response process.
• This includes analysis, containment, eradication, and recovery measures to mitigate incident impact and prevent future occurrences.

7.4 Threat Intelligence
• RocketCyber SOC stays up to date with real-time threat intelligence feeds. • This ensures protection against known and emerging security risks.

7.5 Security Analytics
• The SOC offers in-depth security analytics, providing insights into network security posture. • This information assists in informed decision-making and continuous security improvements.

7.6 Compliance Monitoring
• RocketCyber SOC supports meeting regulatory compliance requirements by monitoring and documenting adherence to industry-specific security standards.

8. Additional Capabilities (Not Included in Current Contract) Please note that the following services are not included in the current contract but are available as additional capabilities for the City's consideration:
• Architecture, Engineering, and System Design Services • Cybersecurity Assessments and Remediation
• IT Security Audits
• IT Compliance Solutions
• New System Implementation Projects
• Network and Infrastructure Deployments

4.12.a
Packet Pg. 323 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

(Manage IT Services – Statement of Work Continued)
• Unified Communications (VOIP and Telecommunications)
• Cloud and Virtualization Migrations
• Azure Migrations
• AWS Migrations
• Office Relocations
• SharePoint Services
• Abtech Training Courses
• Application and Database Implementations
• Disaster Recovery Planning and Implementation
• Cloud-Based Disaster Recovery (StorTrust)

8.2 Disclaimer The services listed in the "Additional Capabilities" section are not included in the current contract. Separate agreements and terms will be negotiated and documented if the City wishes to engage in any of these additional services.

9. Service Delivery The services outlined in this SOW will be delivered in line with agreed schedules and performance standards. Abtech Technologies is committed to ensuring the availability and reliability of services as defined.

Summary This detailed Statement of Work outlines the step-by-step approach Abtech Technologies will take to provide comprehensive managed IT services to the City of Laguna Hills. These services encompass initial assessments, on-site support, robust help desk and network operations, training and cross-training, service offerings, an enhanced security package, and the inclusion of additional capabilities if required. The partnership is defined by seamless transitions, 24/7 support, robust security measures, and a commitment to excellence in managing the City's IT infrastructure.

4.12.a
Packet Pg. 324 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

Attachment D
Onboarding – Statement of Work
Statement of Work (SOW) - Onboarding Managed IT Services

1. Introduction

1.1 Welcome to Managed IT Services
• Abtech Technologies extends a warm welcome to the City of Laguna Hills, marking the commencement of an onboarding process that will improve the City's IT support capabilities.

This process has been carefully designed to ensure a smooth transition to Abtech's Managed IT Services.

1.2 Contract Agreement and Alignment
• This SOW serves as the official agreement document, signifying the commitment and partnership between the City of Laguna Hills and Abtech Technologies. It sets the foundation for aligning goals and expectations and ensuring the success of the Managed IT Services onboarding.

2. Initial Assessment

2.1 Live Optics Assessment - Data-Driven Insights
• Abtech Technologies will initiate the onboarding journey by conducting a comprehensive Live Optics Assessment. This assessment will analyze the City's existing IT environment, collecting vital data that will serve as the bedrock for tailoring the onboarding process. • Data Collection: This phase will involve meticulous data gathering, including hardware and software inventories, configurations, access controls, network details, user accounts, and infrastructure specifications.
• Analysis and Planning: Abtech's team of engineers and specialists will analyze the collected data to gain a thorough understanding of the City's IT ecosystem. This comprehensive analysis will help identify potential remediation actions and solutions for improvement.

3. Help Desk and Network Operations Setup

3.1 Help Desk Configuration and Integration - A Seamless Start • Abtech Technologies will embark on configuring the help desk system to seamlessly align with the City's operational requirements, ensuring that it becomes a vital asset for the City's IT support structure.
• User Account Setup: The help desk will perform user account setup to ensure that authorized staff can access the system efficiently.
• Access Permissions: Abtech will carefully configure access permissions to grant the right level of access to support staff and ensure data security. • Ticketing System Configuration: The ticketing system within the help desk will be configured to accurately capture, categorize, prioritize, and manage incoming support requests.

4.12.a
Packet Pg. 325 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

(Onboarding – Statement of Work Continued)
• Integration with Existing Systems: Abtech will ensure that the help desk integrates with the City's existing IT systems to maintain continuity and efficiency.

3.2 Knowledge Base Implementation - A Wealth of Support • Abtech will seamlessly integrate its extensive knowledge base into the help desk system, ensuring that support staff have immediate access to a wealth of information for effective troubleshooting. • Knowledge Base Ingestion: The knowledge base will be meticulously ingested into the help desk's database to ensure quick and easy access.
• Resource Categorization: Resources will be organized into categories, making it easy for support staff to locate relevant solutions.
• Search Functionality: The knowledge base will be equipped with advanced search functionality, enabling support staff to quickly find solutions to issues they encounter.

3.3 Documentation and Familiarization - Empowering Through Information • Abtech Technologies will develop comprehensive documentation that covers system usage, features, and processes. This documentation will help the City's staff to navigate the systems with confidence.
• Document Development: The documentation will be developed to cater to the City's specific environment, addressing unique needs and intricacies. • Accessibility: All relevant documentation can be provided electronically, ensuring it is readily accessible for self-guided learning and reference by the City's staff.

3.4 Testing and Validation - Ensuring Flawless Functionality • Prior to going live, Abtech will execute a series of comprehensive tests to validate the help desk's functionality. This step ensures that the system functions as intended and is ready to support the City's IT operations.
• Test Scenarios: Tests will encompass the creation and processing of test support requests to ensure the system correctly captures, routes, and prioritizes issues. • Real-Life Simulations: Abtech will simulate real-life scenarios to guarantee the help desk is fully functional and capable of efficiently addressing common and complex issues.

3.5 Go-Live and Support Launch - Transitioning to Live Operations • Once all systems are configured, integrated, and validated, Abtech will execute the launch of the help desk, marking the official beginning of live support services. • User Support Commencement: This phase includes addressing user inquiries, troubleshooting hardware and software issues, and responding to help desk tickets.

Support staff will be on hand to provide immediate assistance. • Incident Management: Abtech will implement effective incident management procedures to handle unexpected issues promptly and effectively.

3.6 Ongoing Monitoring and Optimization - Continuous Improvement • Abtech is dedicated to providing ongoing support and continuous improvement. This phase ensures that the help desk operates at peak efficiency to meet evolving needs.

4.12.a
Packet Pg. 326 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

(Onboarding – Statement of Work Continued)
• Performance Monitoring: The performance of the help desk will be actively monitored and analyzed using sophisticated tools and procedures.
• Feedback Sessions: Regular feedback sessions will be conducted with the City to finetune operations based on input, evolving needs, and emerging best practices.

3.7 Network Operations Center (NOC) Configuration - 24/7 Vigilance • Abtech will configure the NOC for 24/7 monitoring of the City's IT infrastructure. This ensures that critical network components are under constant surveillance to identify and respond to anomalies in real-time.
• Infrastructure Deployment: The NOC will undergo deployment of essential infrastructure and equipment, ensuring its readiness to provide around-the-clock monitoring.

3.8 Network Operations Center (NOC) Configuration - 24/7 Vigilance (Continued) • Abtech will ensure that the NOC is equipped with advanced alerting systems capable of detecting and responding to anomalies in real-time. This includes server performance, network traffic, and security threats.
• Immediate Alerting: The alerting systems are designed to instantly notify the NOC team about any irregularities or potential issues, ensuring swift response and mitigation. • Proactive Risk Mitigation: In the event of anomalies or critical events, the NOC will initiate immediate actions to mitigate risks, ensuring the stability of the City's IT systems.

4. Security Enhancements - Comprehensive Protection

4.1 Abtech Enhanced Security Package Abtech's security experts will implement a multi-layered security package, offering comprehensive protection against a wide range of cybersecurity threats. • Datto EDR/Defender: Abtech leverages Datto's advanced endpoint security features, including next-generation anti-virus protection and content filtering. The EDR capabilities enable real-time detection and response to suspicious activities on endpoints. • Proofpoint Essentials Advanced: As part of the Enhanced Security Package, Abtech deploys Proofpoint Essentials Advanced for email security, providing anti-phishing measures, anti-spam protection, attachment scanning, and URL filtering to fortify email communication against malicious threats.
• Cisco Umbrella Secure DNS: Cisco Umbrella acts as the initial line of defense, blocking access to infected websites before they can load in web browsers, enhancing the City's overall security posture.

4.2 RocketCyber SOC by Kaseya - 24/7 Security Operations Abtech will introduce and implement RocketCyber SOC by Kaseya to provide 24/7 threat detection, incident response, security analytics, and compliance monitoring.
(see attachment E: RocketCyber SOC by Kaseya – Offer of Complimentary Security Measure, page 40)

4.12.a
Packet Pg. 327 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

(Onboarding – Statement of Work Continued)
• Threat Detection and Response: RocketCyber SOC uses innovative technology to monitor the network for suspicious activities and known threat indicators, allowing for prompt and effective responses to potential security incidents. • Incident Response: In the event of a security incident, the SOC provides a well-defined incident response process, including analysis, containment, eradication, and recovery measures to mitigate the impact and prevent future occurrences. • Security Analytics: The SOC offers in-depth security analytics, providing insights into the network's security posture and helping the City make informed decisions.

5. Onboarding Services - A Seamless Transition

5.1 Onboarding Services Overview Onboarding services will encompass a range of activities to ensure a seamless transition to Abtech's Managed IT Services.
• Implementation: Abtech will integrate the essential tools into the City's IT infrastructure to ensure the proper configuration and functionality of systems. • Information Collection and Integration: Critical environment information will be collected and integrated into the Network Operations Center to facilitate proactive monitoring and management of the City's IT infrastructure.

6. Documentation and Reporting - Abtech will maintain detailed documentation throughout the onboarding process to provide transparency and accountability. • Documentation Repository: An organized and accessible documentation repository will contain hardware and software inventory, configurations, access controls, network details, user accounts, and all relevant data integrated into the NOC. • Regular Reports: Abtech will provide regular reports to the City, offering insights into system performance and activities, ensuring complete transparency.

7. Review and Feedback - Continuous Improvement

7.1 Review and Feedback Sessions Abtech is committed to fostering an ongoing partnership with the City of Laguna Hills. Regular review and feedback sessions will be scheduled to ensure continuous improvement of services.
• Input Gathering: The City will have the opportunity to share input, evolving needs, and insights during these sessions, which will be used to refine and optimize the services provided.

4.12.a
Packet Pg. 328 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

Attachment E:

RocketCyber SOC by Kaseya – Offer of Complimentary Security Measure Abtech Technologies is pleased to offer the RocketCyber SOC by Kaseya, a comprehensive security solution, as part of your contract from contract signing to June 30th, 2025. RocketCyber’s Managed SOC (security operation center) is a managed detection and response service that leverages RocketCyber’s Threat Monitoring Platform to detect malicious and suspicious activity across three critical attack vectors: Endpoint | Network | Cloud.

Service Overview:

The RocketCyber SOC, in collaboration with Abtech Technologies, provides proactive and robust threat detection and incident management services. Here's what you can expect:
• RocketCyber's SOC service encompasses Endpoint, Network, and Cloud security, offering a robust defense against threats.
• Our Managed SOC is managed by a skilled team of security experts who actively hunt for and investigate potential threats, perform initial analyses of detected issues, and collaborate with your team to remediate actionable threats. • With RocketCyber, you can quickly augment your security stack without the need for additional hardware or extensive setup. Abtech will prioritize rapid deployment, ensuring you are operational quickly and efficiently.

Comprehensive Monitoring, 24x7x365:
• Real-time Threat Monitoring: Continuous comprehensive monitoring of Endpoint, Network, and Cloud attack vectors to promptly detect malicious and suspicious activities. o Windows, macOS, and Linux security events
o Firewall and network device events
o Office 365 and Azure AD cloud events
• Intrusion Monitoring: Real-time monitoring of network activity for several identifying indicators. o Unauthorized TCP/UDP services
o Backdoor connections to C2 servers
o Connections to terrorist nations
• Breach Detection: Detect adversaries that evade traditional cyber defenses such as Firewalls and AV. Identifies attacker TTPs and aligns with Mitre Att&ck, producing a forensic timeline of chronological events to deter the intruder before a breach occurs.

Specific Security Services:
• Expert Security Team: Access to a team of seasoned security experts who actively monitor, detect, and respond to threats.
• Incident Response: Rapid and effective incident response, including forensics and support when required. • PSA Ticketing Integration: SOC analysts investigate alerts, triage, and create tickets for remediation.

Real-World Advantages
• Enhanced Cyber Resilience: Heightened resilience against cyber threats through proactive monitoring and rapid incident response.
• Public Trust: An added layer of security that reinforces public trust and confidence in your company.

We firmly believe that these security services, extensive monitoring points, and real-world advantages will significantly enhance the security posture of your company, fortify your defense against evolving cyber threats, and further enhance overall IT Security.

4.12.a
Packet Pg. 329 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech ASC-MRB Proposal v20201431v1

SUMMARY
In conclusion, Abtech Technologies is pleased to present our comprehensive IT solution proposal for the City of Laguna Hills. With a proven track record of over 35 years serving both local government agencies and commercial enterprises, our team is well-equipped to provide tailored and innovative solutions to address the specific technological needs of Laguna Hills.

Our proposal encompasses a range of key offerings designed to enhance efficiency, security, and collaboration. This includes a dedicated on-site help desk IT Technician, backed by a cross-trained engineer, to provide personalized support during regular business hours. We also extend access to our Help Desk and Network Operations Center (NOC) Service, providing issue resolution and continuous support beyond the on-site presence.

Furthermore, Abtech Technologies is committed to fostering collaboration and adaptability. We offer access to our team of tier 2 and tier 3 engineers, enabling the identification and execution of additional project tasks that may emerge during the contract period. This collaborative approach underscores our commitment to meeting evolving IT challenges with agility and expertise.

Our security centric approach includes an Enhanced Security Package and a complimentary SOC service (see attachment E: RocketCyber SOC by Kaseya – Offer of Complimentary Security Measure, page 40), to reinforce the security of your digital infrastructure and protect against potential threats. Additionally, we go the extra mile by offering support during scheduled after-hours events, including public meetings.

For further inquiries, discussions, or to explore the details of our proposal, please feel free to contact Todd Darr at [email protected] or by phone at 760-827-5116. Additional information about Abtech Technologies is available at www.AbtechTechnologies.com.

We appreciate the opportunity to partner with the City of Laguna Hills and look forward to collaborating with the City team to drive technological advancements and contribute to your continued success.

Sincerely,
Todd Darr
Senior Account Executive

4.12.a
Packet Pg. 330 Attachment: Proposed Consulting Services Agreement with Abtech Technologies, Inc. (3380 : Consulting Services Agreement with Abtech City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: December 12, 2023
TO: Mayor and Council Members
FROM: Gregory E. Simonian
City Attorney
ISSUE: Resolution Ratifying and Implementing Certain Changes to the Compensation of the City Manager
RECOMMENDATION: That the City Council:
1) Receive an oral report; and
2) Pursuant to the minute action taken by the City Council during open session at the November 14, 2023 City Council Regular Meeting, adopt a ratifying resolution entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA HILLS, CALIFORNIA,

RATIFYING AND IMPLEMENTING CERTAIN CHANGES TO THE COMPENSATION OF THE CITY MANAGER, AN UNREPRESENTED EMPLOYEE.”
BACKGROUND AND DISCUSSION:

Pursuant to Government Code Section 54957(b)(1), the City Council convened in closed session on October 24, 2023 and November 14, 2023 for the purpose of conducting the annual performance evaluation of the City Manager, an unrepresented employee, in accordance with Section 4 of the City Manager Employment Agreement, dated May 16, 2022, ("Employment Agreement"). Following completion of the annual performance evaluation of the City Manager during closed session on November 14, 2023, the City Council reconvened in open session and by minute action unanimously voted as follows:
1) Effective December 4, 2023, the City Manager’s current annual base salary shall be increased by 5.5%;

7.2.1 Packet Pg. 331
City Manager Annual Performance Evaluation
December 12, 2023

2) Effective December 12, 2023, the City Manager is awarded a 5.5% performance bonus for calendar year 2023, as authorized pursuant to Section 4 of the City Manager’s Employment Agreement; and,
3) The City Attorney is directed to prepare a resolution ratifying these minute actions for City Council approval at the regular meeting of the City Council on December 12, 2023.

Section 5(B) of the Employment Agreement provides that increases in the City Manager’s annual base salary may be effective at any time in the sole discretion of the City Council. Section 5(B) of the Employment Agreement further provides that salary increases approved by the City Council do not require amendment to the Employment Agreement to be effective, and any increases in the City Manager’s annual base salary may be set forth in an annual salary resolution or minute action approved by the City Council and ratified by resolution. Pursuant to Section 4 of the Employment Agreement, following each annual performance evaluation, the City Council may in its sole discretion grant the City Manager a performance bonus equal to 0-10% of his then-current annual base salary which, if awarded, must be approved by minute action of the City Council and ratified by resolution.

As required by the terms of the City Manager Employment Agreement, and pursuant to Government Code Section 36506, by adopting the proposed Resolution (Attachment A) the City Council hereby ratifies the minute action taken by the City Council during open session on November 14, 2023, to approve and authorize a 5.5% increase in the City Manager’s current annual base salary, effective December 4, 2023, and a 5.5% performance bonus for calendar year 2023. The recommendations set forth herein serve as final action to change the salary and compensation of the City Manager, as previously directed by the City Council.

ATTACHMENTS:
• Proposed Resolution Ratifying and Implementing Certain Changes to the Compensation of the City Manager

7.2.1 Packet Pg. 332
1801050.1
RESOLUTION NO. 2023-12-12-X

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA HILLS, CALIFORNIA, RATIFYING AND

IMPLEMENTING CERTAIN CHANGES TO THE

COMPENSATION OF THE CITY MANAGER, AN

UNREPRESENTED EMPLOYEE
The City Council of the City of Laguna Hills, California, hereby finds, determines, declares, and resolves as follows:

WHEREAS, pursuant to Government Code Section 54957(b)(1), the City Council convened in closed session on October 24, 2023 and November 14, 2023 for the purpose of conducting the annual performance evaluation of the City Manager, an unrepresented employee, in accordance with Section 4 of the City Manager Employment Agreement, dated May 16, 2022, ("Employment Agreement"); and WHEREAS, Section 5(B) of the Employment Agreement provides that increases in the City Manager’s annual base salary may be effective at any time in the sole discretion of the City Council; and
WHEREAS, Section 5(B) of the Employment Agreement further provides that salary increases approved by the City Council do not require amendment to the Employment Agreement to be effective, and any increases in the City Manager’s annual base salary may be set forth in an annual salary resolution or minute action approved by the City Council and ratified by resolution; and
WHEREAS, pursuant to Section 4 of the Employment Agreement, following each annual performance evaluation, the City Council may in its sole discretion grant the City Manager a performance bonus equal to 0-10% of his then-current annual base salary which, if awarded, must be approved by minute action of the City Council and ratified by resolution; and
WHEREAS, following completion of the annual performance evaluation of the City Manager during closed session on November 14, 2023, the City Council reconvened in open session and by minute action unanimously voted as follows: in recognition of exceptional job performance during the performance period under review, 1) to approve and authorize a 5.5% increase to the current annual base salary of the City Manager, effective December 4, 2023; 2) to approve and award a 5.5% performance bonus to the City Manager for calendar year 2023; and 3) to direct the City Attorney to prepare a resolution ratifying these minute actions for final approval and ratification by the City Council during open session at its regularly scheduled City Council meeting to be held on December 12, 2023; and

7.2.1.a
Packet Pg. 333 Attachment: Proposed Resolution Ratifying and Implementing Certain Changes to the Compensation of the City Manager (3372 : City Manager Resolution No. 2023-12-12-X

1801050.1
WHEREAS, pursuant to the terms of the Employment Agreement, and pursuant to Government Code Section 36506, the City Council hereby ratifies and implements the minute actions taken by the City Council during open session on November 14, 2023, to change the salary and compensation of the City Manager.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA

HILLS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

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

SECTION 2. Effective December 4, 2023, the City Manager’s current annual base salary shall be increased by 5.5%, from $260,000 to $274,300.

SECTION 3. Effective December 12, 2023, the City Manager is awarded a performance bonus equal to 5.5% of the City Manager’s current annual base salary in the amount of $14,300.

PASSED, APPROVED, AND ADOPTED this 12
th day of December 2023.
____________________________
, MAYOR
ATTEST:
___________________________________

JENNIFER LEE, CITY CLERK

7.2.1.a
Packet Pg. 334 Attachment: Proposed Resolution Ratifying and Implementing Certain Changes to the Compensation of the City Manager (3372 : City Manager Resolution No. 2023-12-12-X

1801050.1

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 is a true and correct copy of Resolution No. 2023-12-12-X adopted by the City Council of the City of Laguna Hills, California, at a Regular Meeting thereof held on the 12
th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(SEAL)
_____________________________________

JENNIFER LEE, CITY CLERK

7.2.1.a
Packet Pg. 335 Attachment: Proposed Resolution Ratifying and Implementing Certain Changes to the Compensation of the City Manager (3372 : City Manager City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: December 12, 2023
TO: Mayor and Council Members
FROM: David Reynolds
Deputy City Manager/Community Services Director
ISSUE: Authorization to Solicit Proposals for the Collection, Transportation, Processing and Diversion of Recyclable Materials and Other Materials and for the Collection, Transportation, and Disposal of Municipal Solid Waste.

RECOMMENDATION: That the City Council approve the Request for Proposals for Residential and Commercial solid waste and recycling services substantially in the form attached, and authorize staff to solicit proposals.

SUMMARY:

The City of Laguna Hills’ current solid waste and recycling franchise agreement with CR&R (“Agreement”) is set to expire on June 30, 2024. Staff from both the City of Laguna Hills and the City of Lake Forest recommended that we work together for a competitive procurement of a hauler for the next franchise term. On September 28, 2021, the City Council approved the Memorandum of Understanding Regarding Solid Waste Procurement Services by and between the City of Laguna Hills and the City of Lake Forest (“MOU”). The MOU is comprised of two work effort phases.

The first phase is the “Procurement Documents” phase (“Phase 1”) and requires the cities of Laguna Hills and Lake Forest to jointly work together to develop request for proposal (“RFP) documents and draft franchise agreement templates (“RFP Documents”) for the next franchise agreement term.

To assist with these work efforts two Solid Waste and Recycling Franchise Procurement Ad-Hoc Committees were formed. One is a City of Lake Forest Ad-Hoc Committee comprised of two appointed Lake Forest Council Members. The other Ad-Hoc

7.3.1 Packet Pg. 336
Solid Waste RFP
December 12, 2023

Committee, is a City of Laguna Hills committee with Council Member Caskey and Council Member Pezold appointed to serve on this committee. Both of these Ad-Hoc Committees will be referred to collectively as “Ad-Hoc Committees” hereafter.

The second phase of the MOU is referred to as the “Procurement” phase (“Phase 2”) and entails a joint work effort to conduct the procurement for a hauler such as the issuance of the RFP Documents, proposal evaluations, and the final selection and negotiations with a hauler for the next franchise agreement term. On May 23, 2023, the First Amendment to Memorandum of Understanding Regarding Solid Waste Procurement Services by and between the City of Laguna Hills and the City of Lake Forest (“First Amendment”) was approved by the City Council which extended the MOU into Phase 2 work efforts.

The RFP Documents are now complete and are ready to issue to initiate a competitive procurement process. In accordance to Phase 2 of the MOU, the cities of Lake Forest and Laguna Hills will be requesting proposals from qualified firms to provide municipal solid waste and divertible materials collection, processing, disposal, and transportation services. The two contiguous cities are using a ‘joint’ RFP process to gain procurement process efficiencies and, when the contracts become effective, to maximize crossjurisdictional routing efficiencies to reduce costs to ratepayers. Both cities envision selecting the same proposer and each city awarding a separate contract to that selected proposer.

At its November 7, 2023, meeting, the City Council of Lake Forest approved the RFP Documents and authorized their staff to solicit proposals. Similarly, City of Laguna Hills staff recommends that the Laguna Hills City Council approve the RFP Documents, substantially in the form attached, and authorize staff to solicit proposals for the next franchise agreement term.

BACKGROUND:

The City of Laguna Hills’ current solid waste and recycling franchise agreement was awarded to CR&R on September 27, 2005, with collection services commencing on July 1, 2006. Amendment No. 1 to the Agreement was approved and executed by the City Council on August 26, 2014, which extended the Agreement for an additional eight years, revising the expiration date from June 30, 2016, to June 30, 2024. Amendment No. 2 to the Agreement was approved and executed by the City Council on June 14, 2022, which incorporated SB 1383 requirements of implementing organic waste recycling programs into the current Agreement. The Agreement is set to expire on

7.3.1 Packet Pg. 337
Solid Waste RFP
December 12, 2023

June 30, 2024.

On September 28, 2021, the City Council approved the MOU with the City of Lake Forest as an opportunity to work together to develop the RFP Documents, considering the facts that both jurisdictions’ current franchise agreements expire on June 30, 2024, and both cities needed to begin the procurement process to establish new franchise agreement terms. Also, by joining together in this work effort both cities can leverage cost sharing of a third-party consultant. Serving as the lead agency under the MOU, the City of Lake Forest conducted a procurement process to hire a third-party solid waste and recycling consultant to help both cities with the development of the RFP Documents. EcoNomics was selected as the consultant.

City of Laguna Hills and City of Lake Forest staff recommended the formation of a Solid Waste and Recycling Franchise Procurement Ad-Hoc Committee from both of their cities to assist with the formation of the RFP Documents. On April 19, 2022, the City Council of Lake Forest appointed two Council Members (then Mayor Pequeno and then Mayor Pro Tempore Cirbo) to serve on their Ad-Hoc Committee. Likewise, on April 26, 2022, the City of Laguna Hills City Council appointed Council Member Caskey and Council Member Pezold to serve on the Laguna Hills Ad-Hoc Committee.

The City Council on May 23, 2023, approved the MOU First Amendment to extend the term of the MOU in order for both cities to participate jointly in all aspects of selecting the solid waste hauler, including the review, rating, and interviews of proposers (or Phase 2 work efforts). EcoNomics is also assisting with these work efforts. Under the First Amendment, the cities anticipate awarding separate solid waste agreements to serve each city to a single hauler. Both the MOU and First Amendment are attached to this report for reference (see Attachment 2).

Work is now complete with development of the RFP Documents and they are ready to be issued to commence the procurement of a hauler for the City’s next franchise agreement term. At its November 7, 2023, meeting, the City Council of Lake Forest approved the RFP Documents and authorized their staff to issue the RFP documents to solicit proposals.

Proposed RFP Documents Overview
The proposed RFP Documents were prepared by EcoNomics and reflect the policy recommendations made by the Ad Hoc Committees. Attachment 1 to this report provides a summary of the Ad Hoc Committees policy recommendations. City staff and

7.3.1 Packet Pg. 338
Solid Waste RFP
December 12, 2023

specialists from the City Attorney’s Offices for the Cities of Lake Forest and Laguna Hills both reviewed and worked with the consultant’s attorney and staff to review and create the RFP Documents. The proposed RFP Documents include general proposal requirements, key dates during the process, background of existing solid waste programs, technical requirements, description of the evaluation process, required proposal forms, and the draft agreement (see Attachment 3).

Also discussed with the Ad Hoc Committees was the provision of regulatory compliance costs in lieu of a franchise fee. Due to recent case law, the draft agreement does not include franchise fees. Instead, the draft agreement would include cost recovery from the hauler for the amount it costs the City to administer the agreement, comply with state regulations such as AB 939 and SB 1383, mitigate pavement impacts from heavy trucks, and procure recovered organic waste products such as compost and mulch.

In addition, the proposed RFP Documents includes three separate rate schedules for the proposers to complete. One rate schedule allows the proposer to submit rates that assume cross-jurisdictional efficiencies between the cities of Lake Forest and Laguna Hills for the same rate. The other two rate schedules are specific to each city without any cross-jurisdictional sharing of routes reflected in the proposed rates in the event that one city terminates the agreement during the agreement term once it is awarded, or selects a different hauler than the other city upon award of contract. The three rate schedule forms in the RFP Documents are summarized below.

Form 29a. Proposed rates to be charged for both Cities assuming cross-jurisdictional efficiencies between the Lake Forest and Laguna Hills This rate schedule will become Attachment D-1 to the Agreement.

Form 29b. Proposed rates to be charged in Lake Forest assuming no crossjurisdictional efficiencies. This rate schedule will become Attachment D-2 to the Agreement.

Form 29c. Proposed rates to be charged in Laguna Hills assuming no crossjurisdictional efficiencies. This rate schedule will become Attachment D-3 to the Agreement.

Process Integrity Rules
One of the policy recommendations by the Ad Hoc Committees is for both cities to follow RFP Process Integrity Rules. The Process Integrity Rules are meant to create a fair, transparent process, and provide a level “playing field” for all proposers during the procurement process. They also create a clear paper trail of all communications between the cities and proposers. The Process Integrity Rules are immediately effective following the approval of the proposed RFP Documents and remain in effect through the

7.3.1 Packet Pg. 339
Solid Waste RFP
December 12, 2023

award of a new solid waste and recycling services agreement.

As the City of Lake Forest is the lead agency, the Lake Forest Public Works Administrative Services Manager will serve as the designated RFP Coordinator for both cities. From the date the RFP is authorized to be issued, until the City Councils (both Laguna Hills and Lake Forest) award an agreement, all contacts between proposers and the Cities shall be through the Cities’ RFP Coordinator. Any attempt by a proposer, including but not limited to an employee, officer, agent, consultant, lobbyist, or other person working for or acting on behalf of a proposer to contact, or any contact made to any other person, including an elected or appointed official of the cities, may be grounds for disqualification of the proposer from the process. Contact includes verbal, written, email, fax, social media, and all other forms of communication to any person other than the cities’ RFP Coordinator, and includes any communication by a Council member to a proposer.

Communications from the RFP Coordinator will be issued to all proposers simultaneously in writing. Additionally, the Process Integrity Rules state that all proposal submittals would be considered final, and no changes would be accepted after submittal. Any proposer seeking to submit a contestation in any part of the process would be required to submit their claim to both cities. Finally, to ensure adherence to the process rules, any proposer who fails to utilize the specified process for communication would be notified of its violation and may be disqualified.

Selection Process
Staff from both cities and the consultant will review the proposals for completeness and responsiveness to the RFP. Proposals will also be evaluated and analyzed according to each criterion listed in the RFP. Evaluation criteria include, but is not limited to, the experience of the organization and key personnel, its technical abilities, the implementation plan, financial capability, diversion strategy, and the cost proposal.

Following a comprehensive evaluation of each proposal, staff and the consultants will interview qualified proposers. After careful consideration and identification of the strengths and weaknesses of each proposal, staff and the consultant will brief the Ad Hoc Committees for their advisement and recommendation. Staff will then present a recommended Solid Waste Agreement to the City Council for its consideration and approval.

7.3.1 Packet Pg. 340
Solid Waste RFP
December 12, 2023

Next Steps
On November 7, 2023, the City of Lake Forest approved the RFP Documents and authorized its staff to issue the documents. The City of Laguna Hills Council is scheduled to be presented with the RFP documents for its consideration on December 12, 2023. It is anticipated that the RFP would be released no later than December 14, 2023. The anticipated schedule for this project is as follows:

Lake Forest City Council approved the RFP Documents and authorized staff to solicit proposals
November 7, 2023
Laguna Hills City Council consideration of authorization to solicit proposals
December 12, 2023
Anticipated RFP release December 14, 2023
Mandatory pre-proposal meeting December 18, 2023
Written questions on RFP/Draft Contract due to City January 17, 2024 Written responses to all questions issued by City February 2, 2024 Proposals due February 23, 2024
City Councils Award Agreements June 2024
Collection operations begin under new agreement July 1, 2025 It is important to note that the effective date of July 1, 2025, for the new franchise agreement to commence, is a year after the City’s current Agreement with CR&R expires. The current Agreement’s term expires on June 30, 2024. Consequently, an extension to the current Agreement is being negotiated with CR&R.

FISCAL IMPACT:

To date, the City of Laguna Hills share of expenses under the MOU for third-party recycling costs is $89,155. Based on this actual expense for the Phase 1 MOU work, it is estimated that the City of Laguna Hills third-party recycling consulting costs under the MOU for both Phase 1 and Phase 2 work efforts will be around $150K. By sharing costs for this project with the City of Lake Forest in accordance to the MOU, the total costs to the City of Laguna Hills for recycling consulting services for work efforts under the MOU are reduced by at least 50%.

Costs for third-party recycling services are paid through the City’s recycling funds.

7.3.1 Packet Pg. 341
Solid Waste RFP
December 12, 2023

Additionally, per the attached draft agreement, the selected hauler will reimburse the City for its costs to conduct a competitive procurement process.

ATTACHMENTS:
• Attachment 1 - Ad Hoc Committies Policy Recommendations • Attachment 2 - First Amendment to MOU and MOU with Lake Forest • Attachment 3 - Proposed RFP Documents for Residential and Commercial Solid Waste and Recycling Services

7.3.1 Packet Pg. 342
Attachment 1

7.3.1.a
Packet Pg. 343 Attachment: Attachment 1 - Ad Hoc Committies Policy Recommendations (3352 : Solid Waste RFP) A. RFP

1. RFP Process Integrity Rules
B. Special Programs

1. Contractor provides 2 bulky item collections per year for single‐family residential; 10 items per collection
"Junk haulers" allowed to collect bulky items from residents

2. Annual Bulky Item Collection Event ‐ Single‐family residential curbside bulky item collection by appointment.  Local charities have the first right to salvage items set out for collection. Contractor provides collection containers and staff for a bulky item drop‐off on the same day/week as the annual collection event. Drop‐off event is open to all residents.

3. Contractor provides one container (e.g. 40‐yeard bin) for the collection of abandoned property in the City's right‐of‐way

4. Contractor provides on‐call collection of white goods/bulky items from public rights‐of‐way as directed by each City ‐ up to 35 on call collections per year

5. Contractor provides 2 U‐waste/E‐waste/HOW/sharps collections per year for single‐family residents

6. Contractor provides 1 annual HHW drop‐off event for single‐family residents and multi‐family residents

7. Mail back program provided for sharps collection for single‐family and multi‐family residents.

Sharps kit with pre‐paid mailback box is mailed to the resident upon request. Contractor also provides sharps containers for pick up by residents.

8. Contractor holds 1 backyard composting workshop per year, including selling discounted home composting kits

9. Contractor holds 2 compost giveaways annually

10. Contractor provides trash collection at bus shelters in LH, and recycling collection at bus shelters in LH when recycling containers are added to bus shelters.

11. Contractor provides trash and recycling collection at up 20 City‐designated events annually

12. Contractor provides large venue collection and recycling for a charge listed in the rate schedule C. Residential Programs

1. The basic single‐family residential rate includes the following:  1 trash cart, up to 2 recycling carts, 1 organics cart

2. Variable rate for smaller trash cart, i.e. rate for 35‐gallon trash cart is less than 60‐ and 90‐gallon trash carts

3. Contractor provides new single‐family residential carts. The complete cart is the color and labeling in compliance with SB 1383 regulations
Lake Forest and Laguna Hills Solid Waste & Recycling Joint Ad‐Hoc Committee Policy Recommendations Reflected in RFP Documents

7.3.1.a
Packet Pg. 344 Attachment: Attachment 1 - Ad Hoc Committies Policy Recommendations (3352 : Solid Waste RFP) Lake Forest and Laguna Hills Solid Waste & Recycling Joint Ad‐Hoc Committee Policy Recommendations Reflected in RFP Documents

4. Single‐family and multi‐family residential kitchen countertop pails for storage of food scraps Replacement pails provided for the cost in the rate schedule

5. Contractor provides all new residential collection vehicles with LNG/CNG fuel at a minimum (other fuel options in Tech Innovations Section)

6. Contamination and overflow monitoring ‐ contractor notifies City of instances for City to enforce its Ordinance. Contractor prohibited from charging for contamination and/or overfull carts.

7. Multijurisdictional Residential Routing between Lake Forest and Laguna Hills built into contract.

Contractor to use density and volume allocation methodology in Attachment CC for residential customers and for commercial/multi‐family customers utilizing carts. For commercial/multi‐family customers utilizing bins, contractor to use on‐board scales for allocation of tonnage to each City.

8. Contractor provides bilingual public education and outreach to residents, including all SB 1383 notification requirements

9. Single‐family residents with handicap placard receive backyard roll‐out cart service at no extra charge; customer pays for regular collection service
D. Commercial/Multi‐Family Programs

1. Contamination and overflow monitoring ‐ contractor notifies City of instances for City to enforce it Ordinance. Contractor prohibited from charging for contamination and/or overfull containers.

2. Contractor provides all new commercial/multi‐family containers. The complete container is the color and labeling in compliance with SB 1383 regulations

3. Contractor provides 2‐yard, 3‐yard, 4‐yard split bins for commercial/multi‐family accounts

4. Contractor provides all new commercial/multi‐family collection vehicles with LNG/CNG fuel at a minimum (other fuel options in Tech Innovations Section)

5. Multijurisdictional Residential Routing between Lake Forest and Laguna Hills built into contract.

Contractor to use density and volume allocation methodology in Attachment CC for residential customers and for commercial/multi‐family customers utilizing carts. For commercial/multi‐family customers utilizing bins, contractor to use on‐board scales for allocation of tonnage to each City.

6. Contractor provides internal collection containers for commercial and multi‐family accounts (i.e. slim jims for commercial accounts and kitchen pails for multi‐family accounts)

7. Contractor provides bilingual public education and outreach for commercial and multi‐family accounts, including all SB 1383 notification requirements E.  Construction & Demolition Debris Programs

1. Temporary container service exclusive to contractor, i.e. C&D service.

F. Multi‐Family Programs

7.3.1.a
Packet Pg. 345 Attachment: Attachment 1 - Ad Hoc Committies Policy Recommendations (3352 : Solid Waste RFP) Lake Forest and Laguna Hills Solid Waste & Recycling Joint Ad‐Hoc Committee Policy Recommendations Reflected in RFP Documents

1. Contractor provides 10 bulky item collections per trash enclosure for multi‐family per year; 10 items per collection

2. Mail back program provided for sharps collection for multi‐family residents. Sharps kit with pre‐ paid mailback box is mailed to the resident upon request. Contractor also provides sharps containers for pick up by residents.

G. Technological Innovations

1. Collision avoidance system on all collection vehicles

2. Lightweight vehicles required for commercial recycling collection

3. On‐board scales for commercial collection vehicles

4. Contractor provides one zero emission vehicle for use in both Cities. Contractor selects type of vehicle; vehicle may be a medium‐duty vehicle

5. Commercial bin sensor pilot program to monitor contamination and overflows; City may elect to activate full‐scale program

6. Vehicles required to comply with SCAQMD, Rule 1193 regarding alternative fuel vehicles. Hauler may propose hydrogen‐fuel vehicles.

H. Contract

1. It is envisioned that Cities will select the same Contractor, with 2 "mirror" contracts with only minor differences.

2. Term ‐ 8‐year agreement with two 1‐year performance‐based extensions available based on contamination metrics

3. 50% rate incentive for commercial/multi‐family recycling, yard trimmings and food scrap collection compared to cost of trash collection

4. Proposers to provide rates for both composting and anerobic digestion of food scraps and yard trimmings  processing. City may direct contractor to utilize County of Orange composting facilities when those facilities become available.

5. Contractor to provide contamination monitoring:
2 waste composition audits, per waste stream, per sector, per year (18 total) Lid flipping audits of 5% of residential accounts twice annually (10% total) Recurring commercial lid flipping by recycling coordinators Contractor to provide education to customers if contamination found

6. Contractor provides 2 Recycling Coordinators for LF, and 1 Recycling Coordinator for LH

7.3.1.a
Packet Pg. 346 Attachment: Attachment 1 - Ad Hoc Committies Policy Recommendations (3352 : Solid Waste RFP) Attachment 2

7.3.1.b
Packet Pg. 347 Attachment: Attachment 2 - First Amendment to MOU and MOU with Lake Forest (3352 : Solid Waste RFP)

FIRST AMENDMENT TO

MEMORANDUM OF UNDERSTANDING

REGARDING SOLID WASTE PROCUREMENT SERVICES
THIS FIRST AMENDMENT TO ME~ORANDUM OF UNDERSTANDING ("First Amendment") is made and entered into this 2Zf day of ~ , 2023 by and between the City of Laguna Hills ("Laguna Hills") and the City of Lake Forest('Lake Forest") (each individually a "Party" and collectively the "Parties").

RECITALS
A. Laguna Hills and Lake Forest entered into a Memorandum of Understanding Regarding Solid Waste Procurement Services dated September 20, 2021, which is incorporated herein by reference as though fully set forth herein ("MOU"), to cooperate in the Procurement (as defined in the MOU) for Services (as defined in the MOU) from a Hauler (as defined in the MOU).

B. The Parties desire to enter into this First Amendment to extend the MOU and to clarify the Parties' rights and obligations with respect to the Procurement.

TERMS
NOW, THEREFORE, the Parties, in consideration of the mutual promises set forth in this First Amendment, agree as follows:

I. Incorporation of Recitals & Defined Terms. The Recitals set forth above are true, correct, and incorporated herein. Any capitalized term not herein defined shall be given the same meaning as in the MOU.

II. Adjustment to terms for the Selection of Consultant. Section 6.4 of the MOU is hereby added to read in full as follows:

6.4 Selection of Hauler.

Notwithstanding Recital B of the Agreement, the Parties currently anticipate (but have not committed to) awarding separate franchises to serve each Party to a single Hauler, which may include provisions permitting the Hauler to propose and provide one or more collection route(s) serving customers within the Parties. The Procurement and Procurement Documents shall identify this as the preferred result, and the Parties shall jointly participate in all aspects of selecting the Hauler, including but not limited to the review, rating, and interviews of proposers.

Ill. Extension of MOU Term. Section 9 of the MOU is DELETED in its entirety and is hereby replaced with the following:

9. Term and Termination.

This MOU shall become effective as of the date it is executed by the last of the Parties, and shall continue in full force and effect until the Parties have completed the First Amendment to MOU re Solid Waste Procurement Services - Lake Forest - Laguna Hills 1762487.1

7.3.1.b
Packet Pg. 348 Attachment: Attachment 2 - First Amendment to MOU and MOU with Lake Forest (3352 : Solid Waste RFP) Procurement and the governing legislative body of each Party approves a contract with a Hauler. Notwithstanding the foregoing, either Party may at any time terminate this MOU without penalty by giving written notice of intent to terminate thirty (30) calendar days prior to the date of proposed termination. If either Party terminates this MOU before completion of the Procurement, the Parties shall each be responsible for their proportionate share of the consultant costs expended up to the date the notice of intent to terminate is received, including such future costs as cannot be reasonably canceled upon receipt of the notice of intent to terminate. Termination by either Party shall not terminate the Party's right to access any consultant work product or records as provided in Sections 6.2 and 6.3, or the defense and indemnification obligations set forth in Section 10.

IV. Miscellaneous Provisions
a. Except as amended by this First Amendment, all provisions of the MOU shall remain in full force and effect and shall govern the actions of the Parties under First Amendment.

In the event of a conflict between this First Amendment and the MOU, the terms of this First Amendment shall prevail. This First Amendment may only be modified in a writing signed by both Parties.
b. This First Amendment is a completely integrated written agreement and supersedes any other agreements, both oral and written, between the Parties concerning the subject matter herein.
c. This First Amendment may be signed in counterparts, each of which shall constitute an original.
d. A manually signed copy of this First Amendment which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this First Amendment for all purposes. This First Amendment may be signed using an electronic signature.
[SIGNATURE PAGE FOLLOWS]
First Amendment to MOU re Solid Waste Procurement Services - Lake Forest - Laguna Hills 1762487.1

7.3.1.b
Packet Pg. 349 Attachment: Attachment 2 - First Amendment to MOU and MOU with Lake Forest (3352 : Solid Waste RFP) IN WITNESS WHEREOF, this First Amendment was executed by the parties hereto as of the date first above written.

CITY OF LAKE FOREST
By:

City Manager
By:

City Attorney

CITY OF LAGUNA HILLS
First Amendment to MOU re Solid Waste Procurement Services - Lake Forest - Laguna Hills 1762487.1

7.3.1.b
Packet Pg. 350 Attachment: Attachment 2 - First Amendment to MOU and MOU with Lake Forest (3352 : Solid Waste RFP)

7.3.1.b
Packet Pg. 351 Attachment: Attachment 2 - First Amendment to MOU and MOU with Lake Forest (3352 : Solid Waste RFP)

7.3.1.b
Packet Pg. 352 Attachment: Attachment 2 - First Amendment to MOU and MOU with Lake Forest (3352 : Solid Waste RFP)

7.3.1.b
Packet Pg. 353 Attachment: Attachment 2 - First Amendment to MOU and MOU with Lake Forest (3352 : Solid Waste RFP)

7.3.1.b
Packet Pg. 354 Attachment: Attachment 2 - First Amendment to MOU and MOU with Lake Forest (3352 : Solid Waste RFP)

7.3.1.b
Packet Pg. 355 Attachment: Attachment 2 - First Amendment to MOU and MOU with Lake Forest (3352 : Solid Waste RFP)

7.3.1.b
Packet Pg. 356 Attachment: Attachment 2 - First Amendment to MOU and MOU with Lake Forest (3352 : Solid Waste RFP) Attachment 3
Please click the link below
to view the
Proposed RFP Documents
for
Residential and Commercial
Solid Waste and Recycling Services
A hard copy of Attachment 3
is available for review in the
City Clerk’s Office

7.3.1.c
Packet Pg. 357 Attachment: Attachment 3 - Proposed RFP Documents for Residential and Commercial Solid Waste and Recycling Services (3352 : Solid Waste City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE: December 12, 2023
TO: Mayor and Council Members
FROM: Jennifer Lee
City Clerk
ISSUE: 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.

SUMMARY:

The following are recent meetings and events attended by the City Council for their City Council Committee Assignments. It is order to receive a report from the Council Members listed below on their Committee Assignment(s).
1 South Orange County Watershed Management Area (SOCWMA) Executive Committee
Council Member Caskey
November 9 Regular Meeting
2 Orange County Senior Citizen Advisory Council (SCAC)
Wellbeing Reimagined Committee
Mayor Pro Tempore Wheeler
November 15 Regular Meeting
3 Orange County Senior Citizen Advisory Council (SCAC)
Mayor Pro Tempore Wheeler
November 16 Full Council Regular Meeting
4 Orange County Mosquito and Vector Control District (OCMVCD) Board of Trustees
Council Member Pezold
November 16 Regular Meeting

9.1 Packet Pg. 358
Committee Assignment Reports
December 12, 2023

5 Orange County Fire Authority (OCFA)
Board of Directors
Council Member Sweeney
November 16 Regular Meeting

9.1 Packet Pg. 359