Laguna Hills City Council
June 11, 2024

City of Laguna Hills
City Council / Planning Agency
Regular Meeting Agenda
Tuesday, June 11, 2024 - 7:00 PM
(Closed Session at 6:00 PM when scheduled)
City Council Chamber
24035 El Toro Road
Laguna Hills, CA 92653
Dave Wheeler
Mayor
Joshua Sweeney
Mayor Pro Tempore
Janine Heft
Council Member
Don Caskey
Council Member
Erica Pezold
Council Member
In Person Public Comments: Any person wishing to address the City Council/Planning Agency on any matter, whether or not it appears on this Agenda, is asked to complete a pink “Request to Speak” form available on the table at the back of the Chamber and submit the form to the City Clerk. The Request to Speak form assists the Mayor in ensuring that all persons wishing to address the City Council are recognized and ensures accurate identification of meeting participants in the City Council/Planning Agency Minutes. Completion of the form is voluntary. It is City policy to limit public testimony to up to three minutes per person, an overall time limit of twelve minutes for any one subject, and a total time limit of thirty minutes for Public Comments. If you are commenting on an Agenda item, your comments will be heard at the time that item is scheduled on the Agenda. If you are addressing the City Council on an item not listed on the Agenda, the City Council is prohibited by law from discussing or taking any action on that item.

Submission of Electronic Public Comments: Those wishing to make electronic public comments may submit their comments by email to the City Clerk by 5:00 p.m. on Tuesday, June 11, 2024. In the subject line of the email, please state your name and the item number you are commenting on.

Any public comment received that does not specify a particular agenda item number will be announced during the general public comment portion of the agenda. All comments received by 5:00 p.m. on the date of the meeting will be provided to the City Council and will be provided for public inspection at the meeting. During the applicable agenda item, the City Clerk will announce the name of the sender and subject matter of all electronic comments received by 5:00 p.m. on Tuesday, June 11, 2024. Email comments will NOT be read by the City Clerk during the meeting.

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

For questions or assistance, please contact the City Clerk’s Office at (949) 707-2635 or via email.

General Business Convening at 7:00 PM
Call to Order
Resolution No. 96-04-09-1 established rules of decorum for public meetings held by the City of Laguna Hills. Resolution No. 96-04-09-1 is available on the table at the back of the City Council Chamber.

Invocation
Pledge of Allegiance: Council Member Pezold
Roll Call of City Council Members

1. Presentations and Proclamations

2. Schedule of Future Events

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

3. Public Comments
This is the time to address the City Council on any matter not listed on this Agenda that is within the subject matter jurisdiction of the City Council. Public Comments are limited to three minutes per person, an overall time limit of twelve minutes for any one subject, and a total time limit of thirty minutes. Clarification questions from the City Council will not count against time limits. Speaker’s responses are limited to one minute.

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

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

4.2 Approval of Minutes for May 28, 2024, Special Meeting Recommendation: That the City Council approve the City Council Minutes for the May 28, 2024, Special Meeting

4.3 Approval of Minutes for May 28, 2024, Regular Meeting Recommendation: That the City Council approve the City Council Minutes for the May 28, 2024, Regular Meeting.

4.4 Ratification of June 11, 2024 Warrant Register
Recommendation: That the City Council ratify the accompanying Warrant Register for the period from May 17, 2024, to May 30, 2024, in the amount of $745,052.75.

4.5 Budget Adjustment for Fiscal Year 2024/2025
Recommendation: That the City Council authorize the Finance Director to amend the Fiscal Year 2024/2025 budget, as presented in the attachment to this staff report.

4.6 Letter of Opposition to Assembly Bill 3093 (Ward)
Recommendation: That the City Council direct Staff to send a letter of opposition to Assembly Bill 3093 (Ward).

Items Removed from the Consent Calendar

5. Planning Agency
The Planning Agency will be called to order only if there are items scheduled to be presented to the Planning Agency.

6. City Council Public Hearings

7. Administrative Reports

7.1 City Manager

7.2 Award of Citywide Landscape Maintenance Services Agreement to DMS Facility Services, LLC
Recommendation: That the City Council:
1) Award the Citywide Landscape Maintenance Services Agreement to DMS Facility Services, LLC, in the amount of $1,590,000 for FY2024/25, $1,590,000 for

FY2025/26, $1,669,500 for FY2026/27, $1,752,975 for FY2027/28, and $1,840,624 for FY2028/29;
2) Reject all other bids, and
3) Authorize the City Manager to execute the Agreement.

8. Matters Agendized and Presented by City Council Members

9. City Council Member Committee Reports

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

10. City Council Member Comments
Adjournment
The next Regular Meeting of the City Council/Planning Agency will be June 25, 2024, at 7:00p.m., in the City Council Chamber, located at 24035 El Toro Road, Laguna Hills, California.

CERTIFICATION
I, JENNIFER LEE, City Clerk of the City of Laguna Hills, do hereby certify that a copy of the foregoing Agenda was posted at Laguna Hills City Hall, Laguna Hills Community Center, and the Courtyard at La Paz Center by June 7, 2024, at 5:00p.m.

Date: June 7, 2024
It is the intention of the City of Laguna Hills to comply with the Americans with Disabilities Act in all respects. If as an attendee or a participant at this meeting you will need special assistance beyond what is normally provided, the City of Laguna Hills will attempt to accommodate you in every reasonable manner. Please contact the office of the City Clerk at (949) 707 2635. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.

Materials related to an item on this Agenda submitted to the City Council after

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

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

Item No. 2.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: June 11, 2024
To: Mayor and Council Members
From: Jennifer Lee, City Clerk
Issue: Schedule of Future Events
Recommendation: That the City Clerk announce the upcoming meetings and events Meetings:

City Council/Planning Agency Regular Meetings
Tuesday, June 25, 7:00 p.m., Laguna Hills Civic Center Council Chamber Tuesday, July 9, 7:00 p.m., Laguna Hills Civic Center Council Chamber Events:

Global Harmony Symphony - Moment Musicale Chamber Series Thursday, June 13, 11:30 a.m. - 1:00 p.m., Laguna Hills Community Center Circle of Friends Dance (Flag Day Theme)
Friday, June 14, 6:00 p.m. - 9:00 p.m., Laguna Hills Community Center OCSD’s Coffee with a Cop
Saturday, June 15, 8:00 a.m. - 11:00 a.m., Karak House Coffee Company OCSD/OCFA Heroes supporting Heroes –Special Olympics Benefit Thursday, June 20, 5:00 p.m. - 9:00 p.m., BJ’s Restaurant & Brewhouse 4 th Annual Laguna Hills Car Show + Touch a Trunk
Saturday, June 22, 9:00 a.m. - 1:00 p.m., former Laguna Hills Mall site 4 th of July Celebration with a Summer Concert featuring Identity Theft, and Fireworks Show
Thursday, July 4, 4:00 p.m. - 9:30 p.m., Laguna Hills Community Center and Sports Complex

GLOBAL HARMONY SYMPHONY

PRESENTS
Featuring Special Guests: Flucello
Antonina Styczen, Flutist
Pola Benke, Cellist
Free Admission - Free Parking
Suggested Donation - $10
For additional information:
[email protected]
www.globalharmonysymphony.com
Livestream link:
https://www.youtube.com/@globalharmony
symphony4666/streams
Moment Musicale
13 June, 2024
Doors open: 11:30am
Performance starts: 12 Noon
Laguna Hills Community Center
25555 Alicia Pkwy, Laguna Hills

COFFEE WITH A COP
SATURDAY, JUNE 15, 2024
7:00-10:00 A.M.

KARAK HOUSE COFFEE CO.
25630 Alicia Parkway,
Laguna Hills, CA 92653

Protect and serve
has a whole new meaning!
OC Sheriff's and OCFA personnel
will be at YOUR service
to benefit Special Olympics
athletes in Orange County.

Thursday

06.20.24 5:00 – 9:00 PM
24032 El Toro Rd,
Laguna Hills, CA 92653
HEROES
HEROES
supporting
With each flyer presented ALL DAY, BJ’s will donate
20% of food and soft drink sales to SOSC!!
Online Orders : Enter the 6-Digit fundraiser
code below at the time of checkout!
Not valid toward alcoholic beverages.

Jun 20, 2024 5:00PM to 9:00PM
24032 El Toro Road
Laguna Hills, CA 92653
949-900-2670
Tip A Cop
(JUN713)

VISIT US IN PERSON, ORDER ONLINE OR PLACE A TAKE-OUT ORDER When dining in: Present this flyer to your server at any time during your meal.

When ordering online: Enter the 6-digit fundraiser code below at the time of checkout.

When placing a take-out order: Present this flyer to a BJ's team member upon your arrival.

For Dine In, Takeout or Curbside at this BJ's Location:

Valid for dine in, takeout or curbside when applicable. Not valid toward alcoholic beverages, Happy Hour specials or for delivery orders.

Please do not distribute flyers on site during the event.

CITY OF LAGUNA HILLS

CITY COUNCIL

SPECIAL MEETING

MINUTES
Tuesday, May 28, 2024

CALL TO ORDER
The meeting was called to order at 5:01 p.m. by Mayor Wheeler.

ROLL CALL OF CITY COUNCIL MEMBERS
Attendee Name Title Status Arrived
Dave Wheeler Mayor Present
Joshua Sweeney Mayor Pro Tempore Present
Don Caskey Council Member Present
Janine Heft Council Member Late 5:05 p.m.

Erica Pezold Council Member Present

ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (2) of subdivision (e) of Government Code Section 54956.9: (1 potential case). Significant exposure to litigation against the City pertaining to application of Government Code Section 65589.5(d)(5)) related to La Paz Village Senior Living Development Application No. 0147-2023.

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

ADJOURN TO CITY COUNCIL CONFERENCE ROOM OR COUNCIL CHAMBER

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

RECONVENE TO CITY COUNCIL CHAMBER
The City Council reconvened the City Council Meeting at 7:03 p.m. All Council Members were present in Chamber.

City of Laguna Hills City Council Tuesday, May 28, 2024 Special Meeting Minutes
2 CLOSED SESSION REPORT
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (2) of subdivision (e) of Government Code Section 54956.9: (1 potential case). Significant exposure to litigation against the City pertaining to application of Government Code Section 65589.5(d)(5)) related to La Paz Village Senior Living Development Application No. 0147-2023.

City Attorney Simonian stated that the City Council convened into closed session pursuant to the authorities listed on the Agenda with no reportable action taken.

ADJOURNMENT
There being no further business before the City Council at this session, Mayor Wheeler declared the meeting adjourned at 7:04 p.m.

Jennifer Lee, City Clerk
ATTEST:

Dave Wheeler, Mayor
Approved at meeting of June 11, 2024

CITY OF LAGUNA HILLS

CITY COUNCIL/PLANNING AGENCY

REGULAR MEETING

MINUTES
Tuesday, May 28, 2024
GENERAL BUSINESS - CONVENING AT 7:00 PM

CALL TO ORDER
The meeting was called to order at 7:04 p.m. by Mayor Wheeler.

INVOCATION: Bishop Scott McKeon of the Laguna Hills Ward of the Church of Jesus Christ of Latter-Day Saints
PLEDGE OF ALLEGIANCE: Council Member Heft

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

1. PRESENTATIONS AND PROCLAMATIONS

1.1 San Joaquin Elementary School Student Liaison Report The City Council presented Certificates of Appointment and received a report from San Joaquin Hills Elementary School Student Liaisons Mikaela Ambrosio and Fatima Navarro Santillana.

1.2 Laguna Hills High School Student Liaison Report
Laguna Hills High School 2024 Spring Student Liaison Michael Holland was not available at the meeting to provide a report.

1.3 Certificate of Recognition for Laguna Hills High School Student Liaison Michael Holland
Laguna Hills High School 2024 Spring Student Liaison Michael Holland was not available at the meeting to receive the certificate.

City of Laguna Hills City Council/Planning Agency Tuesday, May 28, 2024 Regular Meeting Minutes
2 1.4 Certificates of Recognition for Laguna Terrace Beautification Team 2024 Plein Air Painting Contest
Mayor Wheeler presented Certificates of Recognition to the winners of the Laguna Terrace Beautification Team 2024 Plein Air Painting Contest.

1.5 Certificates of Recognition for 2024 Medal of Valor Recipients Mayor Wheeler presented Certificates of Recognition to OC Sheriff Deputies Steven Ledesma and Cole Snyder for receiving a 2024 Medal of Valor for Lifesaving.

1.6 Presentation from OneLegacy
The City Council received a presentation from Tony Rouff, OneLegacy Ambassador.

2. SCHEDULE OF FUTURE EVENTS

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

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

Dawn Ford, a resident of Laguna Hills, provided public comments regarding road conditions, landscape maintenance, and inquired about the opening of The Pizza Store.

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

4. CONSENT CALENDAR
Motion to approve the Consent Calendar with Council Member Pezold removing Item No. 4.4 and Mayor Wheeler removing Item No. 4.9.

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

City of Laguna Hills City Council/Planning Agency Tuesday, May 28, 2024 Regular Meeting Minutes
3 4.1 Waive Reading in Full of all Ordinances and Resolutions on the Agenda Recommendation: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.

4.2 Approval of Minutes for May 14, 2024, Regular Meeting Recommendation: That the City Council approve the City Council Minutes for the May 14, 2024, Regular Meeting.

4.3 Approval of Minutes for May 14, 2024, Special Meeting Recommendation: That the City Council approve the City Council Minutes for the May 14, 2024, Special Meeting.

4.5 Approval of Resolutions Related to the November 5, 2024, General Municipal Election
Recommendation: That the City Council: 1) Adopt Resolution No. 2024-05-28-2:
"a Resolution of the City Council of the City of Laguna Hills, California, Calling for the Holding of a General Municipal Election to be Held on Tuesday, November 5, 2024, for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California relating to General Law Cities”; 2) Adopt Resolution No. 2024-05-28-3: "a Resolution of the City Council of the City of Laguna Hills, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on November 5, 2024, with the Statewide General Election to be Held on the Same Date Pursuant to Section 10403 of the Elections Code"; and 3) Adopt Resolution No. 2024-05-28-4: "a Resolution of the City Council of the City of Laguna Hills, California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidates’ Statements Submitted to the Voters at an Election to be Held on Tuesday, November 5, 2024".

4.6 Ratification of May 28, 2024, Warrant Register
Recommendation: That the City Council ratify the accompanying Warrant Register for the period from May 3, 2024, to May 16, 2024, in the amount of $1,530,249.56.

City of Laguna Hills City Council/Planning Agency Tuesday, May 28, 2024 Regular Meeting Minutes
4 4.7 Treasurer's Investment Report for April 2024
Recommendation: That the City Council receive and file the Treasurer's Investment Report for the month of April 2024.

4.8 Appropriations Limit for Fiscal Year 2024/2025
Recommendation: That the City Council adopt Resolution No. 2024-05-28-5: "A Resolution of the City Council of the City of Laguna Hills, California, Establishing the Appropriations Limit (GANN Limit) for the City of Laguna Hills for Fiscal Year 2024/2025.”

4.10 Renewed Measure M (M2) Compliance Reporting to the Orange County Transportation Authority (OCTA)
Recommendation: That the City Council: 1) Approve the Measure M (M2) Compliance Submittal to OCTA including, but not limited, to the Seven-Year Capital Improvement Program; and 2) Adopt Resolution No. 2024-05-28-6: "A Resolution of the City Council of the City of Laguna Hills, California, Concerning the Status and Update of the Pavement Management Plan for the Measure M (M2) Program.”

4.11 Authorization for the City Manager to Execute California Department of Transportation Agreements and Amendments
Recommendation: That the City Council adopt Resolution No. 2024-05-28-7: “A Resolution of the City Council of the City of Laguna Hills, California, Authorizing the City Manager to Execute All California Department of Transportation Agreements and Amendments."

4.12 Resolution Adopting a List of Street Maintenance Projects for Fiscal Year 2024/2025 Funded By SB 1: the Road Repair and Accountability Act of 2017
Recommendation: That the City Council adopt Resolution No. 2024-05-28-1: "A Resolution of the City Council of the City of Laguna Hills, California, Adopting a List of Street Maintenance Projects for Fiscal Year 2024/2025 Funded By SB 1:

The Road Repair and Accountability Act of 2017."

City of Laguna Hills City Council/Planning Agency Tuesday, May 28, 2024 Regular Meeting Minutes
5 4.13 Approval of Fiscal Year 2024/25 Law Enforcement Services Agreement with the County of Orange
Recommendation: That the City Council approve the fiscal year 2024/25 Law Enforcement Services Agreement between the County of Orange and the City of Laguna Hills and authorize the Mayor to execute the Agreement.

ITEMS REMOVED FROM THE CONSENT CALENDAR

4.4 Records Retention Management
Council Member Pezold removed Item No. 4.4 from the Consent Calendar to oppose the item.

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

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

Recommendation: That the City Council adopt a Resolution entitled: "A Resolution of the City Council of the City of Laguna Hills, California, Authorizing and Directing the City Clerk to Dispose of Certain City Records in Accordance with the City's Record Retention Schedule."
A motion to retain the records proposed for destruction for an additional four years was made by Council Member Pezold, seconded by Council Member Heft.

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

4.9 Budget Adjustment for Fiscal Year 2024/2025
Mayor Wheeler removed Item No. 4.9 from the Consent Calendar to request additional information.

Recommendation: That the City Council authorize the Finance Director to amend the fiscal year 2024/2025 budget, as presented in the attachment to this staff report.

City of Laguna Hills City Council/Planning Agency Tuesday, May 28, 2024 Regular Meeting Minutes
6 A motion to table the Item until the next regular meeting on June 11, 2024, was moved by Mayor Wheeler, seconded by Council Member Pezold.

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

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

6. CITY COUNCIL PUBLIC HEARINGS
There were no City Council public hearings.

7. ADMINISTRATIVE REPORTS

7.1. City Manager
The City Manager provided no administrative reports.

7.2. Public Works Director/City Engineer

7.2.1 "LH on the Hill" Lighting Project, CIP No. 403-A
Public Works Director/City Engineer Ames reviewed the information provided in the staff report, provided a PowerPoint presentation, and responded to Council Member requests for additional information.

Bob Pickering, a resident of Laguna Hills, submitted an electronic public comment opposing Item No. 7.2.1 that was received, forwarded to the Council prior to the meeting, posted on the City’s website, and announced into the record by City Clerk Lee.

Dawn Ford, a resident of Laguna Hills, addresses the City Council on Item No. 7.2.1.

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

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

City of Laguna Hills City Council/Planning Agency Tuesday, May 28, 2024 Regular Meeting Minutes
7 Recommendation: That the City Council: 1) Authorize the City Manager to sign the Public Works Construction Contract with Oppenheimer National in the amount of $51,068; 2) Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA), Class 1 Existing Facilities, pursuant to CEQA Guidelines, Section 15301; and 3) Authorize the Finance Director to amend the budget by transferring $28,229 from the Public Works Operating Account, Landscape Maintenance, into CIP No. 403.

A motion to move staff’s recommendation was moved by Council Member Pezold, seconded by Council Member Heft.

A substitute motion to perform testing to ensure visibility and conduct a poll of the residents located around the project site and return to the City Council at the June 25, 2024, regular meeting was moved by Mayor Wheeler, seconded by Mayor Pro Tempore Sweeney.

Mayor Wheeler recessed the meeting at 9:22 p.m. and reconvened the meeting at 9:28 p.m.

Mayor Wheeler called for a roll call vote on the substitute motion.

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

8. MATTERS AGENDIZED AND PRESENTED BY CITY COUNCIL MEMBERS

8.1 City Council/Planning Agency Roll as Decision-Maker Regarding QuasiJudicial Matters—Due Process Requirements Mayor Wheeler provided information on the item.

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

The City Council discussed and provided direction.

City of Laguna Hills City Council/Planning Agency Tuesday, May 28, 2024 Regular Meeting Minutes
8 8.2 Review of the City's Economic Development Committee Mayor Wheeler provided information on the item.

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

The City Council discussed and provided direction.

8.3 Potential Changes To, Clarified Interpretation, and Discussion of Laguna Hills Municipal Code Chapter 9-92: Application Process and Submittal Requirements - Continued Item
Mayor Wheeler provided information on the item.

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

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

The City Council discussed and provided direction to staff.

8.4 Discussion on the Formation of an Ad-Hoc Committee to Explore the Feasibility of Establishing an Aquatic Center / Community Pool Facility Council Member Heft provided information on the item.

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

Recommendation: Council Member Pezold recommends that the City Council discuss and provide direction to staff.

A motion to form an Ad-Hoc Committee consisting of Council Member Pezold and Council Member Heft for a time period of 4-6 months to explore the feasibility of establishing an Aquatic Center/Community Pool Facility was moved by Council Member Pezold, seconded by Council Member Heft.

RESULT: APPROVED [4 TO 0]
MOVER: Erica Pezold, Council Member
SECONDER: Janine Heft, Council Member
AYES: Joshua Sweeney, Mayor Pro Tempore; Don Caskey, Council Member; Janine Heft, Council Member; Erica Pezold, Council Member
ABSTAIN: Dave Wheeler, Mayor

City of Laguna Hills City Council/Planning Agency Tuesday, May 28, 2024 Regular Meeting Minutes
9 9. CITY COUNCIL MEMBER COMMITTEE REPORTS

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

10. CITY COUNCIL MEMBER COMMENTS
Council Member Caskey
Council Member Caskey provided comments on the functionality of the Economic Development Committee and indicated his desire to have the City be represented at future International Council of Shopping Centers (ICSC) conferences.

Council Member Caskey reported on a recent Orange County Council of Governments (OCCOG) meeting he attended.

Council Member Caskey indicated his desire to agendized a discussion to explore the possibility of forming a Planning Commission at a future meeting and received a second from Council Member Pezold.

Council Member Heft
Council Member Heft reported on the recent Laguna Hills Memorial Day Race event.

Council Member Heft provided comments on the passing of Laguna Hills High School Principal, Bill Hinds.

Mayor Pro Tempore Sweeney
Mayor Pro Tempore Sweeney reported on the recent Laguna Hills Memorial Day Race event.

Council Member Pezold
Council Member Pezold provided comments on the upcoming Rooted Campaign event.

Council Member Pezold reported on the comments she has received from constituents on the anticipation of the opening of The Pizza Store business in Laguna Hills.

Council Member Pezold reported on security concerns at night in Beckenham Park and inquired about the use of security cameras at City parks.

City of Laguna Hills City Council/Planning Agency Tuesday, May 28, 2024 Regular Meeting Minutes
10 ADJOURNMENT
There being no further business before the City Council at this session, Mayor Wheeler declared the meeting adjourned at 11:21 pm., in memory of Laguna Hills High School Principal, Bill Hinds.

Jennifer Lee, City Clerk
ATTEST:

Dave Wheeler, Mayor
Approved at meeting of June 11, 2024

Item No. 4.4
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: June 11, 2024
To: Mayor and Council Members
From: Eric Hendrickson, Finance Director
Issue: Ratification of June 11, 2024 Warrant Register
Recommendation: That the City Council ratify the accompanying Warrant Register for the period from May 17, 2024, to May 30, 2024, in the amount of $745,052.75.

Background:

The City issues accounts payable disbursements on a regular basis and presents it to the City Council for ratification at its next regularly scheduled City Council Meeting. The attached Warrant Register containing checks and electronic funds transfers for the period from May 17, 2024, to May 30, 2024, is being presented for ratification by the City Council. Payments have been reviewed and approved by the appropriate departmental staff. The Finance Director certifies to the accuracy of the attached register and to the availability of monies for payment thereof.

Fiscal Impact:

Ratification of the accompanying Warrant Register includes disbursements totaling $745,052.75.

Attachments:

1. Warrant Register - June 11, 2024

2. Payables Detail Report - June 11, 2024

Payment Amount

74.51 16,427.77
1,000.00
8,934.92
6,894.25
995.00
364.54

65.00 90.78
4,325.50
1,213.00
2,006.35
39,814.90
71,176.00
4,379.00
1,648.48
12,787.48
289,807.00
619.45
5,542.50
19,246.23
217.40
500.00
1,706.25
1,975.23

22.07 258.09
630.00
500.00
600.00
2,049.91
2,972.58
689.77
362.31
151.06
450.00
4,122.53
8,000.00
474.41
341.83
2,800.00
6,672.00
1,634.23
100.67
950.00
500.00
1,300.00
150.00
1,301.62
1,000.00
10,660.00
3,317.50
120.00
5/30/2024 6:51:54 PM Page 1 of 4
3673 R-1977 RJ ELECTRIC 05/23/2024
3674 Z-CD-0467 ROOFCORP OF AMERICA 05/23/2024
3675 R-1989 RYAN, ROBERT 05/23/2024
3670 P-1614 PLANNING DIRECTORS ASSOCIATION OF OC 05/23/2024 3671 P-1840 PVP COMMUNICATIONS 05/23/2024
3672 R-1963 RACE GRADER 05/23/2024
3667 O-1599 ORANGE COUNTY JUMPERS LLC 05/23/2024
3668 Z-CS-0475 PAN, CAROLYN 05/23/2024
3669 P-1848 PERFORMANCE PRODUCTION SERVICES 05/23/2024
3664 N-1474 NIEVES LANDSCAPE, INC. 05/23/2024
3665 N-1501 NORMAN'S NURSERY INC. 05/23/2024
3666 O-1610 ORACLE AMERICA, INC. 05/23/2024
3661 M-1609 MITSUBISHI ELECTRIC US, INC. 05/23/2024
3662 M-1388 MOBILE MINI, INC. 05/23/2024
3663 N-1484 NICHOLS CONSULTING 05/23/2024
3658 Z-CS-0474 MEINHOLD, LAURIE 05/23/2024
3659 M-1600 MERCY HOUSE LIVING CENTERS, INC. 05/23/2024 3660 M-1590 MILLENNIUM ALARM SYSTEMS, INC. 05/23/2024
3655 L-1395 LIVING INTERIORS 05/23/2024
3656 M-1610 MAIN TROPHY SUPPLY CO 05/23/2024
3657 M-1304 MARTIN LOCK AND SAFE CO. 05/23/2024
3652 I-0984 INTELLATECH MEDIA AND MARKETING 05/23/2024
3653 I-0960 IRV SEAVER MOTORCYCLES 05/23/2024
3654 J-1057 JAMEY CLARK, INC. 05/23/2024
3649 Z-CD-0122 HOME DEPOT 05/23/2024
3650 Z-CD-0251 HOYT ROOFS INC 05/23/2024
3651 Z-CS-0473 HSIEH, REBEKAH 05/23/2024
3646 G-0868 GLASER WEIL FINK HOWARD AVCHEN & SHAPIRO LLP 05/23/2024 3647 H-0829 HARTZOG AND CRABILL, INC. 05/23/2024
3648 H-0934 HOME DEPOT 05/23/2024
3643 E-0554 ECONOMICS, INC. 05/23/2024
3644 E-0600 EWING IRRIGATION PRODUCTS, INC 05/23/2024
3645 Z-CS-0111 FIDONE, DONNA 05/23/2024
3640 C-1225 CT AND T CONCRETE PAVING INC 05/23/2024
3641 D-0575 DOG WASTE DEPOT 05/23/2024
3642 D-0523 DUDEK 05/23/2024
3637 C-1021 CIVIC SOLUTIONS, INC. 05/23/2024
3638 C-0023 COX COMMUNICATION 05/23/2024
3639 C-1122 CROSSTOWN ELECTRICAL AND DATA, INC. 05/23/2024 3634 C-1022 CDW GOVERNMENT, INC. 05/23/2024
3635 C-1144 CHARLES ABBOTT ASSOCIATES, INC 05/23/2024
3636 C-0324 CITY OF MISSION VIEJO 05/23/2024
3631 Z-CD-0465 BRACHOT, ELAD 05/23/2024
3632 Z-CD-0097 BUILDRITE, INC 05/23/2024
3633 C-1133 CALIFORNIA YELLOW CAB 05/23/2024
3628 A-0392 AQUATICO 05/23/2024
3629 A-0365 AT AND T - CALNET 3 05/23/2024
3630 B-0222 BILL'S SOUND AND SECURITY 05/23/2024
3625 Z-CS-0472 AGUILAR, ISIDRO 05/23/2024
3626 A-0138 ALL CITY MANAGEMENT, INC. 05/23/2024
3627 A-0382 ALWAYS ADVANCING MANUFACTURING & PROMOTIONS LLC 05/23/2024 Payment Type: Regular
3623 A-0349 A SOURCE OF PRIDE 05/23/2024
3624 A-0389 AAMES LOCK 05/23/2024
Warrant Register - June 11, 2024
City of Laguna Hills, CA By Check Number
Date Range: 05/17/2024 - 05/30/2024
Check Number Vendor Number Vendor Name Payment Date

Payment Amount
32,113.00
500.00
500.00
1,942.50
360.00
12,159.68
10,291.19
260.79
760.46
794.21
900.00

5.73 769.08
1,225.00
895.00
155.00
959.23
436.25
416.50
163.48
508.20
12,129.56
19,397.50

57.22 7,391.69
11,085.14
55,772.25
-
1,295.00
500.00
394.00
780.00
110.17
7,205.87
10,001.75
702.88
Total Regular: 736,880.45
5/30/2024 6:51:54 PM Page 2 of 4
3709 V-2251 VIZUAL SYMPHONY, INC. 05/30/2024
3710 W-2451 W.G. ZIMMERMAN ENGINEERING, INC. 05/30/2024 3711 W-2450 WEX BANK 05/30/2024
3706 S-2296 SHUTE, MIHALY WEINBERGER LLP 05/30/2024
3707 Z-CD-0403 SIERRA ROOF INC 05/30/2024
3708 S-1904 SOUTHERN CALIFORNIA EDISON 05/30/2024
3703 **Void** 05/30/2024
3704 R-1977 RJ ELECTRIC 05/30/2024
3705 Z-CD-0468 SALT AND SEA LLC 05/30/2024
3700 J-1057 JAMEY CLARK, INC. 05/30/2024
3701 M-1302 MOULTON NIGUEL WATER DISTRICT 05/30/2024
3702 N-1474 NIEVES LANDSCAPE, INC. 05/30/2024
3697 E-0504 EL TORO WATER DISTRICT 05/30/2024
3698 I-0983 INTERWEST CONSULTING GROUP, INC. 05/30/2024 3699 I-0960 IRV SEAVER MOTORCYCLES 05/30/2024
3694 C-1096 CODE PUBLISHING COMPANY, INC. 05/30/2024
3695 C-1191 COUNTY OF ORANGE 05/30/2024
3696 D-0541 DIAMOND ENVIRONMENTAL SERVICES, LP 05/30/2024 3691 B-0304 BEE MAN, THE 05/30/2024
3692 C-1177 CANON FINANCIAL SERVICES, INC. 05/30/2024
3693 C-1210 CASKEY, DONALD W 05/30/2024
3688 W-2450 WEX BANK 05/23/2024
3689 A-0394 WILLIAM M ATKINS 05/23/2024
3690 A-0377 ACTION WELDING CORP 05/30/2024
3685 T-2712 TOTAL SOURCE OFFICEWORKS 05/23/2024
3686 Z-CD-0466 VENEGAS, ALFREDO 05/23/2024
3687 V-2224 VERIZON WIRELESS 05/23/2024
3682 S-2295 SOUTHERN COMPUTER WAREHOUSE 05/23/2024
3683 S-2250 SPARKLETTS 05/23/2024
3684 T-2002 TAB PRODUCTS COMPANY 05/23/2024
3679 S-2267 SINTA DESIGN 05/23/2024
3680 S-2331 SKYLINE PEST CONTROL 05/23/2024
3681 S-1904 SOUTHERN CALIFORNIA EDISON 05/23/2024
3676 S-1902 SAN DIEGO GAS AND ELECTRIC 05/23/2024
3677 Z-CS-0476 SANTIAGO, SARA 05/23/2024
3678 S-2315 SHEPHERD, GEORGIA 05/23/2024
Warrant Register - June 11, 2024 Date Range: 05/17/2024 - 05/30/2024 Check Number Vendor Number Vendor Name Payment Date

Payment Amount
683.49
488.81
7,000.00
5/30/2024 6:51:54 PM Page 3 of 4
EFT's 0 0 0.00 0.00
139 92 0.00 745,052.75
Voided Checks 0 1 0.00 0.00
Bank Drafts 3 3 0.00 8,172.30
Regular Checks 136 88 0.00 736,880.45
Manual Checks 0 0 0.00 0.00
DFT0002832 H-0966 HIGH LEVEL SECURITY SOLUTIONS, INC. 05/23/2024 Total Bank Draft: 8,172.30
Bank Code 1 - General Summary
Payable
Count
Payment
Payment Type Count Discount Payment
Payment Type: Bank Draft
DFT0002809 W-2450 WEX BANK 05/17/2024
DFT0002810 W-2450 WEX BANK 05/17/2024
Warrant Register - June 11, 2024 Date Range: 05/17/2024 - 05/30/2024 Check Number Vendor Number Vendor Name Payment Date

745,052.75
5/30/2024 6:51:54 PM Page 4 of 4
Fund Summary
Fund Name Period Amount
998 Pooled Cash & Investments 5/2024 745,052.75
EFT's 0 0 0.00 0.00
139 92 0.00 745,052.75
Voided Checks 0 1 0.00 0.00
Bank Drafts 3 3 0.00 8,172.30
Regular Checks 136 88 0.00 736,880.45
Manual Checks 0 0 0.00 0.00
Warrant Register - June 11, 2024 Date Range: 05/17/2024 - 05/30/2024 All Bank Codes Check Summary
Payable
Count
Payment
Payment Type Count Discount Payment

Amount
05/23/2024 AQUATICO 372-269 Fountains/Water Features
Maintenance, May '24
100-310-645500 995.00
5/30/2024 6:52:52 PM Page 1 of 7
05/23/2024 TOTAL SOURCE OFFICEWORKS 35670 Office Supplies, May '24 100-195-620000 248.99 05/23/2024 TOTAL SOURCE OFFICEWORKS 35670 Computer Supplies, May '24 100-195-621000 400.67 05/23/2024 TOTAL SOURCE OFFICEWORKS 35670 Operating Supplies, May '24 100-195-622000 144.55 05/23/2024 GLASER WEIL FINK HOWARD

AVCHEN & SHAPIRO LLP
288205 Professional Services, Apr '24 100-155-700011 1,706.25 05/23/2024 SKYLINE PEST CONTROL 305343 Pest and Rodent Control, May '24 100-310-645500 360.00 05/23/2024 ALWAYS ADVANCING

MANUFACTURING & PROMOTIONS
LLC
33980 1/2 Marathon Expense, May '24 100-310-695507 6,894.25 05/23/2024 MAIN TROPHY SUPPLY CO 222747 Certificate Holders, May '24 100-155-620000 362.31 05/23/2024 HARTZOG AND CRABILL, INC. 24-0319(HCI#3502) Traffic Signal Mgmt Services, Apr '24 100-356-700101 1,975.23 05/23/2024 HOME DEPOT 266109 Building Maintenance Supplies, Apr '24
100-310-645500 13.47
05/23/2024 NICHOLS CONSULTING 2024-9830403-01 State Mandated Cost Consulting Services, 6/30/24
100-155-700050 2,800.00
05/23/2024 CITY OF MISSION VIEJO 21235 Animal Care Services, Apr-Jun '24 100-420-720401 71,176.00 05/23/2024 EWING IRRIGATION PRODUCTS, INC 22111538 Rooted Campaign, Apr '24 100-310-695511 217.40 05/23/2024 PVP COMMUNICATIONS 134712 Custom Helmet with Communications Kit, May '24
100-420-622000 1,301.62
05/23/2024 DUDEK 202401076 Housing Study, USE-0147-2023, Dec '23 - Feb '24
100-225-700201 5,542.50
05/23/2024 IRV SEAVER MOTORCYCLES 20240941 Motorcycle Maintenance, Police Svcs, May '24
100-420-646100 2,049.91
05/23/2024 CIVIC SOLUTIONS, INC. 103489 Consultant Services, USE-0166-2023, Mar '24
100-000-223000 1,094.75
05/23/2024 CIVIC SOLUTIONS, INC. 103661 Consultant Services, USE-0166-2023, Apr '24
100-000-223000 3,284.25
05/23/2024 WILLIAM M ATKINS 122-24 Laguna Terrace - Plein Air Event, May '24
100-310-695500 1,225.00
05/23/2024 SOUTHERN CALIFORNIA EDISON 051524 - Acct #700234509668 Utilities - Electric, 3/1/24 - 4/30/24 100-356-631400 13,712.86 05/23/2024 RYAN, ROBERT 052124 Reimbursement, Excursion, May '24 100-310-695505 120.00 05/23/2024 ORACLE AMERICA, INC. 101322202 Offsite Backup, Apr '24 100-195-720050 100.67 05/23/2024 SAN DIEGO GAS AND ELECTRIC 051424 Utilities - Electric, 3/8/24 - 4/8/24 100-356-631400 13,202.12 05/23/2024 SAN DIEGO GAS AND ELECTRIC 051424 Utilities - Electric, 3/8/24 - 4/8/24 100-356-631900 3,364.03 05/23/2024 SOUTHERN CALIFORNIA EDISON 051524 - Acct #700234509668 Utilities - Electric, 3/1/24 - 4/30/24 100-355-631000 (1,553.18) 05/23/2024 PERFORMANCE PRODUCTION

SERVICES
050724 Laguna Terrace - Plein Air Event 100-310-695500 1,300.00 05/23/2024 SAN DIEGO GAS AND ELECTRIC 051424 Utilities - Electric, 3/8/24 - 4/8/24 100-310-631100 10,441.35 05/23/2024 SAN DIEGO GAS AND ELECTRIC 051424 Utilities - Electric, 3/8/24 - 4/8/24 100-355-631000 5,105.50 05/23/2024 COX COMMUNICATION 042824 WiFi, Community Center, May '24 100-195-630000 718.78 05/23/2024 COX COMMUNICATION 050524 T-1 Line, May '24 100-195-630000 845.70 05/23/2024 COX COMMUNICATION 050724 Traffic Signal, May '24 100-195-630000 84.00 05/23/2024 AT AND T - CALNET 3 000021669589 Alarm, Com Ctr & City Hall Lines, May '24
100-310-630100 141.13
05/23/2024 INTELLATECH MEDIA AND 0002303 Laguna Terrace - Plein Air Event, May '24
100-310-695500 600.00
05/23/2024 PLANNING DIRECTORS ASSOCIATION
OF OC
0017 (2) Membership Dues, FY 24/25 100-000-140000 150.00 05/17/2024 WEX BANK 96616591 COMSVCS Vehicle Fuel, Apr '24 100-310-613100 488.81 05/23/2024 AT AND T - CALNET 3 000021663997 Traffic Signal, Apr '24 100-356-630000 28.96 05/23/2024 AT AND T - CALNET 3 000021669589 Alarm, Com Ctr & City Hall Lines, May '24
100-195-630000 194.45
Payables Detail Report
City of Laguna Hills, CA By Fund
Payment Dates 05/17/2024 - 05/30/2024
Payment Date Vendor Name Payable Number Description (Item) Account Number Fund: 100 - General Fund
05/17/2024 WEX BANK 96616347 POLSVCS Vehicle Fuel, Apr '24 100-420-613100 683.49

Amount
5/30/2024 6:52:52 PM Page 2 of 7
05/23/2024 HOME DEPOT BLDR-0179-2024 BLDR-0179-2024, Permit Refund, REC012686-2024100-000-227001 100.00 05/23/2024 HOME DEPOT BLDR-0179-2024 BLDR-0179-2024, Permit Refund, REC012686-2024100-000-442000 153.09 05/23/2024 VENEGAS, ALFREDO BLDR-0180-2024 BLDR-0180-2024, C&D Refund, REC012651-2024100-000-227001 900.00 05/23/2024 BUILDRITE, INC BLDC-0080-2023 BLDC-0080-2023, C&D Refund, REC012191-2024100-000-227001 4,325.50 05/23/2024 HOME DEPOT BLDR-0179-2024 BLDR-0179-2024, Permit Refund, REC012686-2024100-000-221011 1.00 05/23/2024 HOME DEPOT BLDR-0179-2024 BLDR-0179-2024, Permit Refund, REC012686-2024100-000-221012 4.00 05/23/2024 WEX BANK 96616902 PUBWKS Vehicle Maintenance, Apr '24 100-355-646100 8.00 05/23/2024 VERIZON WIRELESS 9962576912 Communication Expense, Apr '24 100-195-630000 5.73 05/23/2024 ROOFCORP OF AMERICA BLDC-0031-2024 BLDC-0031-2024, C&D Refund, REC012601-2024100-000-227001 3,317.50 05/23/2024 ALL CITY MANAGEMENT, INC. 93481 Crossing Guard Services, 4/28/24 - 5/11/24
100-420-720822 8,934.92
05/23/2024 WEX BANK 96616452 COMDEV Vehicle Fuel, Apr '24 100-225-613100 468.63 05/23/2024 WEX BANK 96616902 PUBWKS Vehicle Fuel, Apr '24 100-355-613100 292.45 05/23/2024 RACE GRADER 8903 Program Expense, 1/2 Marathon 100-310-695507 1,000.00 05/23/2024 MOBILE MINI, INC. 9020784727 Storage Rental, Community Center, 4/25 - 5/22/24
100-310-641000 341.83
05/23/2024 A SOURCE OF PRIDE 9110819 Operating Supplies, May '24 100-195-622000 74.51 05/23/2024 NORMAN'S NURSERY INC. 860859 RI Rooted Campaign, Apr '24 100-310-695511 1,464.74 05/23/2024 NORMAN'S NURSERY INC. 860871 RI Rooted Campaign, Apr '24 100-310-695511 169.49 05/23/2024 HOME DEPOT 8644443 Program Supplies, Apr '24 100-310-622500 8.60 05/23/2024 NIEVES LANDSCAPE, INC. 77736 Rodent Control, Mar '24 100-355-720700 1,668.00 05/23/2024 NIEVES LANDSCAPE, INC. 77737 Rodent Control, Apr '24 100-355-720700 1,668.00 05/23/2024 ORANGE COUNTY JUMPERS LLC 85361 Program Expense, 1/2 Marathon 100-310-695507 950.00 05/23/2024 JAMEY CLARK, INC. 75124 Park Repairs, Public Works, May '24 100-355-720701 180.00 05/23/2024 NIEVES LANDSCAPE, INC. 77734 Rodent Control, Jan '24 100-355-720700 1,668.00 05/23/2024 NIEVES LANDSCAPE, INC. 77735 Rodent Control, Feb '24 100-355-720700 1,668.00 05/23/2024 JAMEY CLARK, INC. 75116 Graffiti Repairs, Public Works, May 100-355-720500 678.75 05/23/2024 JAMEY CLARK, INC. 75120 Park Repairs, Public Works, May '24 100-355-720701 900.00 05/23/2024 JAMEY CLARK, INC. 75121 Park Repairs, Public Works, May '24 100-355-720701 180.00 05/23/2024 MEINHOLD, LAURIE 69233455 Refund, Facility Deposit, R #1035710.002
100-000-451100 200.00
05/23/2024 DOG WASTE DEPOT 708536 Operating Supplies, May '24 100-355-622000 619.45 05/23/2024 JAMEY CLARK, INC. 75114 Park Repairs, Public Works, May '24 100-355-720701 1,033.83 05/23/2024 SANTIAGO, SARA 68897695 Refund, Facility Deposit, R 100-000-222000 500.00 05/23/2024 FIDONE, DONNA 69142169 Refund, Facility Deposit, R #1035655.002
100-000-222000 500.00
05/23/2024 MEINHOLD, LAURIE 69233455 Refund, Facility Deposit, R #1035710.002
100-000-222000 250.00
05/23/2024 HSIEH, REBEKAH 68851971 Refund, Facility Deposit, R #1035590.002
100-000-222000 500.00
05/23/2024 AGUILAR, ISIDRO 68874539 Refund, Facility Deposit, R 100-000-222000 500.00 05/23/2024 AGUILAR, ISIDRO 68874539 Refund, Recreation Fees, R 100-000-451100 500.00 05/23/2024 CHARLES ABBOTT ASSOCIATES, INC 67338 - B (Plein Air Event) Plein Air Signage, Apr '24 100-310-695500 1,478.96 05/23/2024 CHARLES ABBOTT ASSOCIATES, INC 67338 - C (Parks) Parks Contract Repair, Apr '24 100-355-720701 81.90 05/23/2024 PAN, CAROLYN 68851896 Refund, Facility Deposit, R 100-000-222000 500.00 05/23/2024 CROSSTOWN ELECTRICAL AND DATA,
INC.
5032 - 5071 Traffic Signal Maintenance, Apr '24 100-356-720420 12,787.48 05/23/2024 HIGH LEVEL SECURITY SOLUTIONS,
INC.
5765 Private Security Patrol, 5/7/24 -
5/20/24
100-420-720850 7,000.00
05/23/2024 CHARLES ABBOTT ASSOCIATES, INC 67338 - A (Facilities) Public Works Other, Apr '24 100-355-720401 7,867.50 05/23/2024 BILL'S SOUND AND SECURITY 44049 Passcode Change, May '24 100-310-630100 65.00 05/23/2024 MITSUBISHI ELECTRIC US, INC. 488245 Elevator Maintenance, May '24 100-310-645500 474.41 05/23/2024 MERCY HOUSE LIVING CENTERS, INC. 5003-24-03 Contract Services - Homelessness, Mar '24
100-310-720302 4,122.53
Payables Detail Report Payment Dates: 05/17/2024 - 05/30/2024 Payment Date Vendor Name Payable Number Description (Item) Account Number 05/23/2024 SPARKLETTS 4228482 051724 Operating Supplies, May '24 100-195-622000 260.79

Amount
05/30/2024 NIEVES LANDSCAPE, INC. 77811 Misc Landscape, May '24 100-355-720700 25.00 05/30/2024 NIEVES LANDSCAPE, INC. 77812 Misc Landscape, May '24 100-355-720700 231.91 5/30/2024 6:52:52 PM Page 3 of 7
05/30/2024 JAMEY CLARK, INC. 75163 Graffiti Removal, Public Works, May '24
100-355-720500 2,488.75
05/30/2024 JAMEY CLARK, INC. 75164 Park Repairs, Public Works, May '24 100-355-720701 2,539.32 05/30/2024 NIEVES LANDSCAPE, INC. 77810 Rodent Control, May '24 100-355-720700 1,668.00 05/30/2024 RJ ELECTRIC 62874 Electric Repairs, May '24 100-355-720701 1,295.00 05/30/2024 JAMEY CLARK, INC. 75136 Graffiti Removal, Public Works, May '24
100-355-720500 724.00
05/30/2024 JAMEY CLARK, INC. 75138 Park Repairs, Public Works, May '24 100-355-720701 1,639.62 05/30/2024 CANON FINANCIAL SERVICES, INC. 32593577 Lease - Copier SN 2KS02091, 5/1/24 - 5/30/24
100-195-641200 317.82
05/30/2024 CANON FINANCIAL SERVICES, INC. 32593578 Copier Lease SN 2XK05658, 5/1/24 - 5/31/24
100-195-641200 303.86
05/30/2024 CANON FINANCIAL SERVICES, INC. 32593578 Copier Usage SN 2XK05658, 4/1/24 - 4/30/24
100-195-641200 83.71
05/30/2024 W.G. ZIMMERMAN ENGINEERING, 24-03-441 On-Call Engineer Services, Mar & Apr '24
100-355-700250 10,001.75
05/30/2024 SHUTE, MIHALY WEINBERGER LLP 286168 Professional Services, Legal, Apr '24 100-155-700011 394.00 05/30/2024 CANON FINANCIAL SERVICES, INC. 32593576 Lease - Copier SN 2HT04285, 5/1/24 - 5/30/24
100-195-641200 253.84
05/30/2024 VIZUAL SYMPHONY, INC. 14191 AV Upgrades, Heritage Room, May 100-310-910500 7,205.87 05/30/2024 ACTION WELDING CORP 17450 Parks Contract Repair, May '24 100-355-720701 895.00 05/30/2024 IRV SEAVER MOTORCYCLES 20241025 Motorcycle Maintenance, Police Svcs, May '24
100-420-646100 57.22
05/30/2024 CASKEY, DONALD W 052924 Travel Reimbursement, SCAG Conference, May '24
100-155-612000 280.81
05/30/2024 CASKEY, DONALD W 052924 Travel Reimbursement, SCAG Conference, May '24
100-155-613000 155.44
05/30/2024 BEE MAN, THE 128815 Bee Removal, Public Works, May '24 100-355-720701 155.00 05/30/2024 MOULTON NIGUEL WATER DISTRICT 051624 Utilities - Water, 4/8/24 - 5/13/24 100-355-635000 10,362.59 05/30/2024 SOUTHERN CALIFORNIA EDISON 052124 - Acct #700076000453 Utilities - Electric, 4/2/24 - 5/20/24 100-356-631400 110.17 05/30/2024 EL TORO WATER DISTRICT 052824 Water Usage, Public Works, Apr '24 100-355-635000 12,129.56 05/23/2024 LIVING INTERIORS T87836 Interior Plantscape Services, Jun '24 100-310-645500 212.77 05/30/2024 DIAMOND ENVIRONMENTAL

SERVICES, LP
0005210461 Temporary Fence, 2/5/24 - 3/3/24 100-355-720700 508.20 05/30/2024 MOULTON NIGUEL WATER DISTRICT 051624 Utilities - Water, 4/8/24 - 5/13/24 100-310-635100 722.55 05/23/2024 LIVING INTERIORS T87639 Interior Plantscape Services, Mar '24 100-310-645500 159.00 05/23/2024 LIVING INTERIORS T87701 Interior Plantscape Services, Apr '24 100-310-645500 159.00 05/23/2024 LIVING INTERIORS T87762 Interior Plantscape Services, May '24 100-310-645500 159.00 05/23/2024 MARTIN LOCK AND SAFE CO. Q93333 Replacement Keys, May '24 100-310-646500 151.06 05/23/2024 CDW GOVERNMENT, INC. QW83275 APC Replacement Battery, Apr '24 100-310-645500 483.75 05/23/2024 CDW GOVERNMENT, INC. QX49468 Equipment for Public Works Project, Apr '24
100-195-940000 1,522.60
05/23/2024 MILLENNIUM ALARM SYSTEMS, INC. INV0862234 Camera System Maintenance, 7/1/24 - 12/31/24
100-000-140000 4,000.00
05/23/2024 MILLENNIUM ALARM SYSTEMS, INC. INV0862234 Camera System Maintenance, 1/1/24 - 6/30/24
100-195-720050 4,000.00
05/23/2024 SINTA DESIGN lhhm_051324 Program Expense, 1/2 Marathon 100-310-695507 1,942.50 05/23/2024 TAB PRODUCTS COMPANY INV000052819 Office Supplies, May '24 100-155-620000 760.46 05/23/2024 SOUTHERN COMPUTER WAREHOUSE INV00807514 Adobe Subscription, Apr '24 100-195-720050 2,001.72 05/23/2024 SOUTHERN COMPUTER WAREHOUSE INV00807772 Vmware Software Licensing, FY 24/25 - FY 26/27
100-000-140000 8,289.47
05/23/2024 CT AND T CONCRETE PAVING INC CT6613 City Sidewalk Repairs & Concrete, CIP #106
100-000-790600 16,618.75
05/23/2024 BRACHOT, ELAD ELER-0040-2024 ELER-0040-2024, Permit Fee Refund, REC-012426-2024
100-000-221011 1.00
05/23/2024 BRACHOT, ELAD ELER-0040-2024 ELER-0040-2024, Permit Fee Refund, REC-012426-2024
100-000-442000 89.78
Payables Detail Report Payment Dates: 05/17/2024 - 05/30/2024 Payment Date Vendor Name Payable Number Description (Item) Account Number 05/23/2024 HOYT ROOFS INC BLDR-0317-2023 BLDR-0317-2023, C&D Refund, REC011289-2023100-000-227001 630.00 05/23/2024 CT AND T CONCRETE PAVING INC CT6613 City Sidewalk Repairs & Concrete, CIP #106
100-000-201001 (15,253.00)

Amount
05/23/2024 AAMES LOCK 89064 Electrified Locking Hardware, CIP 600-000-490454 (13,643.84) 05/23/2024 AAMES LOCK 89064 Electrified Locking Hardware, CIP 600-255-950514 13,643.84 5/30/2024 6:52:52 PM Page 4 of 7
05/23/2024 RJ ELECTRIC 78813J Community Center Tree Circuits, CIP #513
600-255-950513 10,660.00
05/23/2024 AAMES LOCK 89063 Electrified Locking Hardware, CIP 600-000-490454 (2,783.93) 05/23/2024 AAMES LOCK 89063 Electrified Locking Hardware, CIP 600-255-950514 2,783.93 Fund 454 - Sports Complex Equipment Maintenance Fund Total: 16,427.77 Fund: 455 - Community Center Equipment Maintenance Fund 05/23/2024 RJ ELECTRIC 78813J Community Center Tree Circuits, CIP #513
455-000-790600 10,660.00
Fund 455 - Community Center Equipment Maintenance Fund Total: 10,660.00 Fund: 600 - Capital Improvement Projects Fund
05/23/2024 RJ ELECTRIC 78813J Community Center Tree Circuits, CIP #513
600-000-490455 (10,660.00)
Fund: 306 - CR&R Recycling Fee Fund
05/23/2024 ECONOMICS, INC. 2023-10 Professional Services, Recycling Program, Apr '24
306-355-700000 19,246.23
Fund 306 - CR&R Recycling Fee Fund Total: 19,246.23
Fund: 454 - Sports Complex Equipment Maintenance Fund
05/23/2024 AAMES LOCK 89063 Electrified Locking Hardware, CIP 454-000-790600 2,783.93 05/23/2024 AAMES LOCK 89064 Electrified Locking Hardware, CIP 454-000-790600 13,643.84 Fund: 212 - Measure M2 Fund
05/23/2024 CHARLES ABBOTT ASSOCIATES, INC 67338 Road Maintenance, Apr '24 212-355-720400 30,386.54 Fund 212 - Measure M2 Fund Total: 30,386.54
Fund: 221 - Senior Mobility Program Fund
05/23/2024 CALIFORNIA YELLOW CAB 4406024 Senior Mobility Program, Apr '24 221-310-720000 1,213.00 Fund 221 - Senior Mobility Program Fund Total: 1,213.00 Fund 100 - General Fund Total: 358,780.46
Fund: 210 - Gas Tax (HUTA) Fund
05/23/2024 CT AND T CONCRETE PAVING INC CT6613 City Sidewalk Repairs & Concrete, CIP #106
210-000-790600 273,188.25
05/30/2024 INTERWEST CONSULTING GROUP, 363307 Engineer Services, CIP #104, Apr '24 210-000-790600 19,397.50 Fund 210 - Gas Tax (HUTA) Fund Total: 292,585.75
05/30/2024 CODE PUBLISHING COMPANY, INC. GCI0014213 Municipal Code Update, May '24 100-155-700030 416.50 05/30/2024 SALT AND SEA LLC POOLR-0003-2023 POOLR-0003-2023, Refund Pool Bond, REC-010269-2023
100-000-228001 500.00
05/30/2024 COUNTY OF ORANGE STTM002051 Communications Charges, 3/1/24 - 3/31/24
100-420-646000 163.48
05/30/2024 NIEVES LANDSCAPE, INC. 77832 Misc Landscape, Apr '24 100-355-720700 916.56 05/30/2024 WEX BANK 97271909 POLSVCS Vehicle Fuel, May '24 100-420-613100 702.88 05/30/2024 SIERRA ROOF INC BLDR-0100-2024 BLDR-0100-2024, C&D Refund, REC012335-2024100-000-227001 780.00 05/30/2024 NIEVES LANDSCAPE, INC. 77829 Misc Landscape, Apr '24 100-355-720700 7,459.20 05/30/2024 NIEVES LANDSCAPE, INC. 77830 Misc Landscape, May '24 100-355-720700 2,747.95 05/30/2024 NIEVES LANDSCAPE, INC. 77831 Misc Landscape, Apr '24 100-355-720700 2,389.77 05/30/2024 NIEVES LANDSCAPE, INC. 77826 Misc Landscape, Apr '24 100-355-720700 7,272.72 05/30/2024 NIEVES LANDSCAPE, INC. 77827 Misc Landscape, Apr '24 100-355-720700 5,180.00 05/30/2024 NIEVES LANDSCAPE, INC. 77828 Misc Landscape, Apr '24 100-355-720700 2,478.36 05/30/2024 NIEVES LANDSCAPE, INC. 77823 Misc Landscape, Apr '24 100-355-720700 3,507.50 05/30/2024 NIEVES LANDSCAPE, INC. 77824 Misc Landscape, Apr '24 100-355-720700 3,507.50 05/30/2024 NIEVES LANDSCAPE, INC. 77825 Misc Landscape, Apr '24 100-355-720700 3,242.68 05/30/2024 NIEVES LANDSCAPE, INC. 77819 Misc Landscape, May '24 100-355-720700 2,363.00 05/30/2024 NIEVES LANDSCAPE, INC. 77820 Misc Landscape, Apr '24 100-355-720700 8,598.80 05/30/2024 NIEVES LANDSCAPE, INC. 77822 Misc Landscape, Apr '24 100-355-720700 1,709.40 05/30/2024 NIEVES LANDSCAPE, INC. 77816 Misc Landscape, May '24 100-355-720700 414.40 05/30/2024 NIEVES LANDSCAPE, INC. 77817 Misc Landscape, May '24 100-355-720700 1,102.50 05/30/2024 NIEVES LANDSCAPE, INC. 77818 Misc Landscape, May '24 100-355-720700 175.00 Payment Date Vendor Name Payable Number Description (Item) Account Number 05/30/2024 NIEVES LANDSCAPE, INC. 77813 Misc Landscape, Apr '24 100-355-720700 222.00 05/30/2024 NIEVES LANDSCAPE, INC. 77814 Misc Landscape, Apr '24 100-355-720700 560.00 Payables Detail Report Payment Dates: 05/17/2024 - 05/30/2024

Amount
Fund 600 - Capital Improvement Projects Fund Total: 15,253.00 Fund: 998 - Pooled Cash & Investments
05/23/2024 SHEPHERD, GEORGIA 051624 1/2 Marathon, Change Boxes 998-000-100007 500.00 Fund 998 - Pooled Cash & Investments Total: 500.00
Grand Total: 745,052.75
5/30/2024 6:52:52 PM Page 5 of 7
05/23/2024 CT AND T CONCRETE PAVING INC CT6613 City Sidewalk Repairs & Concrete, CIP #106
600-251-950106 305,060.00
05/30/2024 INTERWEST CONSULTING GROUP, 363307 Engineer Services, CIP #104, Apr '24 600-000-490210 (19,397.50) 05/30/2024 INTERWEST CONSULTING GROUP, 363307 Engineer Services, CIP #104, Apr '24 600-251-950104 19,397.50 Payment Date Vendor Name Payable Number Description (Item) Account Number 05/23/2024 CT AND T CONCRETE PAVING INC CT6613 City Sidewalk Repairs & Concrete, CIP #106
600-000-490100 (16,618.75)
05/23/2024 CT AND T CONCRETE PAVING INC CT6613 City Sidewalk Repairs & Concrete, CIP #106
600-000-490210 (273,188.25)
Payables Detail Report Payment Dates: 05/17/2024 - 05/30/2024

100-310-910500 Furniture & Equipment 7,205.87
100-355-613100 Vehicle Fuel 292.45
100-355-622000 Operating Supplies 619.45
100-355-631000 Utilities - Electric 3,552.32
100-355-635000 Utilities - Water 22,492.15
5/30/2024 6:52:52 PM Page 6 of 7
100-310-646500 Equipment Maintenance & 151.06
100-310-695500 Special Events - Program Services 4,603.96 100-310-695505 Cultural Excursions 120.00
100-310-695507 Marathon 5k 10,786.75
100-310-695511 Rooted Volunteer Campaign 1,851.63
100-310-720302 Contract Services - Homelessness 4,122.53 100-310-622500 Supplies - Program Services 8.60
100-310-630100 Telephone & Communications - 206.13
100-310-631100 Utilities - Electric (Community 10,441.35 100-310-635100 Utilities - Water (Community 722.55
100-310-641000 Equipment Rentals & Leases 341.83
100-310-645500 Facility Maintenance & Repairs 3,016.40
100-195-641200 Copier Leases 959.23
100-195-720050 Contract Services - Software 6,102.39
100-195-940000 Computer Hardware & Software 1,522.60
100-225-613100 Vehicle Fuel 468.63
100-225-700201 Plan Application 5,542.50
100-310-613100 Vehicle Fuel 488.81
100-155-700030 Professional Services - City Clerk 416.50 100-155-700050 Professional Services - Financial 2,800.00 100-195-620000 Office Supplies 248.99
100-195-621000 Computer Supplies 400.67
100-195-622000 Operating Supplies 479.85
100-195-630000 Telephone & Communications 1,848.66
100-000-451100 Recreation Fees - Reservations 700.00
100-000-790600 Transfers Out to Capital 16,618.75
100-155-612000 Travel, Conferences & Meetings 280.81
100-155-613000 Mileage Reimbursement 155.44
100-155-620000 Office Supplies 1,122.77
100-155-700011 Legal Services - Litigation 2,100.25
100-000-221012 SB1186 ADA CASp Fees 4.00
100-000-222000 Refundable Deposits 2,750.00
100-000-223000 Plan Application Deposit 4,379.00
100-000-227001 Security Deposit - Waste 10,053.00
100-000-228001 Swimming Pool Construction 500.00
100-000-442000 Building Related Permits 242.87
600 - Capital Improvement Projects Fund 15,253.00
998 - Pooled Cash & Investments 500.00
Grand Total: 745,052.75
Account Summary
Account Number Account Name Payment Amount
100-000-140000 Prepaid Items 12,439.47
100-000-201001 Accounts Payable - Retention (15,253.00) 100-000-221011 Building Standards Fee 2.00
Report Summary
Fund Summary
Fund Payment Amount
100 - General Fund 358,780.46
210 - Gas Tax (HUTA) Fund 292,585.75
212 - Measure M2 Fund 30,386.54
221 - Senior Mobility Program Fund 1,213.00
306 - CR&R Recycling Fee Fund 19,246.23
454 - Sports Complex Equipment Maintenance Fund 16,427.77 455 - Community Center Equipment Maintenance Fund 10,660.00 Payables Detail Report Payment Dates: 05/17/2024 - 05/30/2024

Project Account Summary
Project Account Key Payment Amount
**None** 745,052.75
Grand Total: 745,052.75
5/30/2024 6:52:52 PM Page 7 of 7
600-251-950104 Paseo De Valencia Pavement 19,397.50
600-251-950106 Sidewalk Repairs 305,060.00
600-255-950513 Community Center Renovation 10,660.00
600-255-950514 Sports Complex Renovations 16,427.77
998-000-100007 Cash on Hand - Cashier's Float 500.00
Grand Total: 745,052.75
454-000-790600 Transfers Out to Capital 16,427.77
455-000-790600 Transfers Out to Capital 10,660.00
600-000-490100 Transfers In from General Fund (16,618.75) 600-000-490210 Transfers In from Gas Tax (HUTA) (292,585.75) 600-000-490454 Transfers In from Sports Complex (16,427.77) 600-000-490455 Transfers In from Community (10,660.00)
100-420-720822 Crossing Guard Services 8,934.92
100-420-720850 Private Security Patrol 7,000.00
210-000-790600 Transfers Out to Capital 292,585.75
212-355-720400 Street Maintenance 30,386.54
221-310-720000 Contract Services 1,213.00
306-355-700000 Professional Services 19,246.23
100-356-720420 MOE - Traffic Signal Maintenance 12,787.48 100-420-613100 Vehicle Fuel 1,386.37
100-420-622000 Operating Supplies 1,301.62
100-420-646000 Equipment/Machinery 163.48
100-420-646100 Vehicle Maintenance & Repairs 2,107.13
100-420-720401 Animal Care & Shelter Services 71,176.00 100-355-720700 Landscape Maintenance 62,952.45
100-355-720701 Parks Contract Repair 8,899.67
100-356-630000 MOE - Telephone & 28.96
100-356-631400 MOE - Electric (Streetlights & 27,025.15 100-356-631900 MOE - Electric (On-Bill Financing) 3,364.03 100-356-700101 MOE - Traffic Engineer Services 1,975.23 Payables Detail Report Payment Dates: 05/17/2024 - 05/30/2024 Account Summary
Account Number Account Name Payment Amount
100-355-646100 Vehicle Maintenance & Repairs 8.00
100-355-700250 On-Call Engineer Services 10,001.75
100-355-720401 Other Public Works Maintenance 7,867.50
100-355-720500 Graffiti Removal 3,891.50

Item No. 4.5
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: June 11, 2024
To: Mayor and Council Members
From: Eric Hendrickson, Finance Director
Issue: Budget Adjustment for Fiscal Year 2024/2025
Recommendation: That the City Council authorize the Finance Director to amend the Fiscal Year 2024/2025 budget, as presented in the attachment to this staff report.

Background:

Last year, the City Council adopted the biennial budget covering fiscal years 2023/2024 and 2024/2025. Since the City operates on a two-year cycle, it is prudent to review the upcoming fiscal year and make necessary adjustments. Updates to revenue projections and expenditure requests are needed to ensure the City operates a balanced budget.

The City Council adopted the Fiscal Year 2024/2025 General Fund budget that included revenues of $27,416,882 and expenditures of $27,030,055, resulting in a positive net difference of $386,827. City staff has analyzed and refined revenue projections and updated expenditure estimates. The proposed budget amendment will result in revenues totaling $27,361,791 and expenditures of $27,196,733, resulting in a positive net difference of $165,058.

Notable revenue adjustments to next year's budget include:
· Increased property tax revenue estimate of $438,357. The previously adopted amount was $13,016,286, and the updated estimate is $13,454,643. This upward adjustment is based on data extracted from the County of Orange tax apportionment system released this past Fall, after the budget was adopted. · Decreased sales tax revenue estimate of $897,594. The prior estimate was

Item No. 4.5
$7,377,524, and the updated estimate is $6,479,930. The consultant, HdL Companies, provides sales tax data, audits, and projections to the City. According to HdL, overall taxable sales receipts are showing downward trends. Reports show that consumers are spending less in the General Consumer Goods category. Other factors that support this lower estimate include uncertainty in the economy, fears of recession, a prolonged timeline of high borrowing costs, elevated fuel prices, and recommenced student loan payments. These factors, amongst other macroeconomic indicators, are driving this lower estimate. To remain conservative with budgeting City funds, it is wise to assume this lower figure may materialize. · Decreased real estate property transfer tax revenue of $150,000. The prior estimate was $380,000, and the updated estimate is $230,000. This decrease is directly correlated to a reduced quantity of real estate sales, as compared to prior years. This is largely due to elevated mortgage rates and homeowners reluctant to sell amid an uncertain economy.
· Increased interest income on investments of $472,500. The prior estimate was $420,000, and the new estimate is $892,500. The prior estimate was a conservative projection that included a retreat of interest rates. However, interest rates have remained elevated longer than anticipated. Actual receipts of interest and dividends support this higher estimate. The new estimate of $892,500 assumes an approximate earnings rate of 4.25% on a $21,000,000 fund balance.

Significant changes to expenditures include:
· A reduction of $747,352 to the General Law Enforcement line item. The City budgeted on the higher side when estimating the Fiscal Year 2024/2025 Sheriff's contract, due to the unknown result of contract negotiations between the County and it's bargaining groups. The amended total of $11,383,757 reflects the City's emphasis on public safety and our commitment to fully fund police services. · An increase to Public Works operations and maintenance of $341,750. This net increase is the summation of multiple line items within the department. This appropriation will allow staff to address deferred maintenance issues. Also contributing to the increase are rising costs due to inflation and a new landscape maintenance contract.
· The inclusion of private security patrol in the amount of $225,000. · An increase of $86,000 to fund additional public safety license plate cameras.

Item No. 4.5
Fiscal Impact:

The overall fiscal impact to the General Fund for Fiscal Year 2024/2025 is reflected in the table below.

Adopted Original
Budget for FY 24/25
Adjustments Amended Budget for
FY 24/25
Revenues $27,416,882 - $55,091 $27,361,791
Expenditures $27,030,055 + $166,677 $27,196,733
Net Difference $386,827 - $221,768 $165,058
Attachments:

1. Budget Amendment for FY 24/25

City of Laguna Hills
Mid-Cycle Budget Adjustment
For FY 24/25
Account Account Adopted Original Amended Budget
Number Description Budget for FY 24/25 Adjustments for FY 24/25 Notes 100-000-400000 Prop Taxes - Secured Current 8,583,300.00 358,512.00 8,941,812.00 100-000-400100 Prop Taxes - Secured Homeowner 33,000.00 1,378.00 34,378.00 100-000-400200 Prop Taxes - Secured Supp Roll 197,676.00 8,257.00 205,933.00 100-000-400300 Prop Taxes - Sec Public Utilit 72,828.00 3,042.00 75,870.00 100-000-401000 Prop Taxes - Unsecured Current 260,100.00 10,864.00 270,964.00 100-000-402000 Prop Taxes - Prior Yr Secured 46,000.00 1,921.00 47,921.00 100-000-402100 Prop Taxes - Prior Yr Unsecrd 5,000.00 - 5,000.00 100-000-402200 Prop Taxes - Prior Yr Supplemntl 5,000.00 - 5,000.00 100-000-403100 Prop Taxes - Penalty-Sec Prior 15,000.00 - 15,000.00 100-000-403200 Prop Taxes - Penalty-SuppPrior 1,500.00 - 1,500.00 100-000-403300 Prop Taxes - Interest Various 3,000.00 6,000.00 9,000.00 Reflects higher actual receipts 100-000-404000 Real Property Transfer Tax 380,000.00 (150,000.00) 230,000.00 Reflects downward real estate sales trend 100-000-406000 Prop Taxes - In Lieu VLF 3,773,882.00 48,383.00 3,822,265.00 Reflects 1.3% adjustment from original 100-000-407000 Prop Taxes - Miscellaneous 20,000.00 - 20,000.00 100-000-410000 Sales & Use Tax 7,377,524.00 (897,594.00) 6,479,930.00 HdL revised estimate from May 2024 100-000-413000 Motor Vehicle In Lieu Tax 25,000.00 7,000.00 32,000.00 Higher historical trend 100-000-419050 County Landfill Agreement 63,000.00 - 63,000.00 100-000-436001 Admin Fee - Waste Recycling 21,000.00 - 21,000.00 100-000-452051 MGP Community Benefit Fee 500,000.00 - 500,000.00 100-000-430000 Franchise Fees - Cable TV 350,000.00 (45,000.00) 305,000.00 Estimate reflective of actual receipts thru FY 23/24 100-000-431000 Franchise Fees - SDGE 205,000.00 20,000.00 225,000.00 Estimate reflective of actual receipts thru FY 23/24 100-000-432000 Franchise Fees - So CA Edison 200,000.00 50,000.00 250,000.00 Estimate reflective of actual receipts thru FY 23/24 100-000-433000 Franchise Fees - So CA Gas Co 90,000.00 20,000.00 110,000.00 Estimate reflective of actual receipts thru FY 23/24 100-000-434000 Franchise Fees - Waste Disposal 360,000.00 - 360,000.00 100-000-435001-4 Transient Occupancy Taxes 1,135,000.00 115,000.00 1,250,000.00 Hotel re-opening & higher estimate reflective of actual receipts thru FY 23/24
100-000-460000 Vehicle Code Fines 100,000.00 - 100,000.00 100-000-460100 Parking Revenues 75,000.00 - 75,000.00
100-000-461000 Court Fines 15,000.00 - 15,000.00
100-000-470000 Interest Earnings - Investments 420,000.00 472,500.00 892,500.00 Reflects approx. earnings rate of 4.25% 100-000-442000 Building Related Permits 690,000.00 - 690,000.00 100-000-442005 Plan Check Fees - Fee Base 230,000.00 - 230,000.00 100-000-442007 Imaging Plans & Documents Fee 46,000.00 - 46,000.00 100-000-443001 Transportation Permit 1,500.00 - 1,500.00 100-000-443003 Traffic Permit & License Fees 2,000.00 - 2,000.00 100-000-444000 Encroachment Permit 175,000.00 - 175,000.00 100-000-451000 Recreation Fees 150,000.00 - 150,000.00
100-000-451100 Recreation Fees - Reservation 190,000.00 - 190,000.00 100-000-451105 Recreation Fees - Outdoor Reservations 50,000.00 - 50,000.00 100-000-451200 Recreation Fees - Special Events 7/4 10,000.00 - 10,000.00 100-000-451600 Recreation Fees - 5K Registration 170,000.00 - 170,000.00 100-000-451601 Recreation Fees - 5K Sponsorship 5,000.00 (5,000.00) - Consolidate into 451701 100-000-451700 Recreation Fees - Heritage Day Booth 8,000.00 - 8,000.00 100-000-451701 Recreation Fees - Sponsorships 19,000.00 5,000.00 24,000.00 Consolidate from 451601 100-000-452000 Plan Check Fee - Fee Base 37,000.00 - 37,000.00 100-000-452001 Planning & Zoning Related Fees 37,000.00 - 37,000.00 100-000-452050 MGP Dev. Agreement Admin Fee 21,218.00 - 21,218.00 100-000-453001 Improvement Inspect 35,000.00 - 35,000.00 100-000-455001 Rental Fees 129,000.00 - 129,000.00
100-000-455002 Library Lease 42,000.00 - 42,000.00
100-000-459000 Miscellaneous Revenue 50,000.00 - 50,000.00 100-000-490210 Transfer In - Gas Tax Fund 150,000.00 (150,000.00) - Corresponds with reduced expense 100-000-490421 Transfer In - State Cops Grants 151,000.00 - 151,000.00 100-000-490650 Transfer In - Debt Service Fund 685,354.00 64,646.00 750,000.00 Reflects higher interest earned on bond reserves *Adjustments for the above-listed "Transfers In" will include updates to the corresponding Funds expenditures Total General Fund Revenue 27,416,882.00 (55,091.00) 27,361,791.00 General Government
100-155-510000 Salaries - Full-Time 1,417,409.78 (152,173.78) 1,265,236.00 Adjustments to salary/benefits - reallocate to PW 100-155-518000 Auto Allowance 9,600.00 9,600.00
100-155-520000 FICA/Medicare 20,695.79 (2,210.79) 18,485.00 Adjustments to salary/benefits 100-155-521000 Retirement 182,676.90 (19,699.90) 162,977.00 Adjustments to salary/benefits 100-155-521002 Retirement - PTS 842.00 842.00
Amended FY 24/25 revenue budget derived from County
of Orange property tax apportionment data. Includes
actual charges from FY 23/24, with minor adjustments
for collection rates and following year's escalation.
1

City of Laguna Hills
Mid-Cycle Budget Adjustment
For FY 24/25
Account Account Adopted Original Amended Budget
Number Description Budget for FY 24/25 Adjustments for FY 24/25 Notes 100-155-530000 Health Insurance 326,176.28 29,855.72 356,032.00 Adjustments to salary/benefits 100-155-530200 Group Life - Basic 3,645.17 (48.17) 3,597.00 Adjustments to salary/benefits 100-155-542000 Disability Insurance 8,107.13 (402.13) 7,705.00 Adjustments to salary/benefits 100-155-610000 Memberships and Dues Expense 3,000.00 3,000.00 100-155-610001 Memberships and Dues - LOCC 15,000.00 15,000.00 100-155-610002 Memberships and Dues - ACC-OC 9,500.00 9,500.00 100-155-610003 Memberships and Dues - OCCOG 7,500.00 7,500.00 100-155-610004 Memberships and Dues - LAFCO 5,100.00 5,100.00 100-155-610005 Memberships and Dues - SCAG 4,500.00 4,500.00 100-155-611000 Training and Education 7,000.00 7,000.00 100-155-611001 Staff Development & Team Building 10,000.00 10,000.00 100-155-612000 Travel, Conferences & Meetings 12,000.00 12,000.00 100-155-612001 Travel - League of CA Cities 21,000.00 21,000.00 100-155-612002 Travel - ACC-OC 7,000.00 7,000.00
100-155-613000 Mileage Reimbursement 400.00 400.00
100-155-620000 Office Supplies 9,000.00 9,000.00
100-155-622000 Operating Supplies 6,000.00 6,000.00
100-155-623000 Printing 1,000.00 1,000.00
100-155-624001 Advertising - Legal 15,000.00 15,000.00
100-155-625000 Postage & Delivery 1,750.00 1,750.00
100-155-626000 Subscriptions & Books 3,500.00 3,500.00
100-155-646100 Maint & Repairs - Vehicles 1,000.00 1,000.00 100-155-662000 Bank & Merchant Service Fees 41,000.00 41,000.00 100-155-695000 CommunityAsstnc/PublicRelation 50,000.00 50,000.00 100-155-700000 Professional Services 40,000.00 40,000.00 100-155-700010 Legal Services - General Counsel 425,000.00 425,000.00 100-155-700011 Legal Services - Litigation - -
100-155-700026 Prof Svcs - Business Attraction & Retention 10,000.00 10,000.00 100-155-700030 Professional Svcs- City Clerk Functional Support 15,000.00 15,000.00 100-155-700050 Professional Services- Financial 20,000.00 20,000.00 100-155-700051 Professional Services - Annual Financial Audit 37,500.00 37,500.00 100-155-700052 Compliance Audit Services - Sales Tax 15,000.00 15,000.00 100-155-700055 Professional Services - Compliance Audits 12,500.00 12,500.00 100-155-720030 General Municipal Election Services 42,500.00 42,500.00 100-155-720055 County Property Tax Admin Fee 55,000.00 55,000.00 Non-Departmental
100-195-510000 Salaries - Full-Time 134,572.59 (3,818.59) 130,754.00 Adjustments to salary/benefits 100-195-520000 FICA/Medicare 1,950.82 (54.82) 1,896.00 Adjustments to salary/benefits 100-195-521000 Retirement 10,381.35 (264.35) 10,117.00 Adjustments to salary/benefits 100-195-522000 Unfunded Accrued Liab. (Pension UAL) 383,786.55 78,904.45 462,691.00 Poor CalPERS results in FY 21/22 (-6.1% vs +6.8%) 100-195-530000 Health Insurance 13,222.11 (5,191.11) 8,031.00 Adjustments to salary/benefits 100-195-530200 Group Life - Basic 417.15 (0.15) 417.00 Adjustments to salary/benefits 100-195-540000 Worker Comp/Unemployment 81,988.00 (9,427.00) 72,561.00 Adjustment to CJPIA premiums 100-195-542000 Disability Insurance 880.65 (13.65) 867.00 Adjustments to salary/benefits 100-195-550000 Employee Benefits Plan Administrative Fees 10,300.00 (9,000.00) 1,300.00 Elimination of PARS - consolidated plan provider 100-195-610000 Memberships and Dues Expense 200.00 200.00 100-195-611000 Training and Education 10,000.00 10,000.00 100-195-611002 IT Training and Education 4,500.00 4,500.00 100-195-617000 Recruitment 5,000.00 5,000.00
100-195-620000 Office Supplies 10,000.00 10,000.00
100-195-621000 Computer Supplies 12,500.00 12,500.00
100-195-622000 Operating Supplies 7,500.00 7,500.00
100-195-623000 Printing 3,000.00 3,000.00
100-195-625000 Postage & Delivery 6,000.00 3,000.00 9,000.00 Increase in postage costs 100-195-630000 Telephone & Communication 47,406.00 47,406.00 100-195-641000 Rent/Lease - Equipment 2,200.00 2,200.00 100-195-641200 Rent/Lease - Copier 18,700.00 18,700.00
100-195-646000 Maint & Rep-Equip & Machinery 2,500.00 2,500.00 100-195-647000 Maint & Repair - Comp Eqpt 1,000.00 1,000.00 100-195-690000 General Liability Loss Coverage 187,006.80 (33,718.80) 153,288.00 Adjustment to CJPIA premiums 100-195-690100 Property Loss Coverage 72,378.10 (4,926.10) 67,452.00 Adjustment to CJPIA premiums 100-195-690150 Earthquake Loss Coverage - 81,975.00 81,975.00 Addition of earthquake insurance 100-195-690200 Commercial Crime Loss Coverage 7,725.00 (2,527.00) 5,198.00 Adjustment to CJPIA premiums 100-195-690300 Insurance Administration 10,593.55 1,628.45 12,222.00 Adjustment to CJPIA premiums 100-195-700090 Computer Consulting Services 107,000.00 25,000.00 132,000.00 E-Review Integration for CDD (Tyler Tech) 100-195-720050 Contract Serv-Software Support 204,097.00 204,097.00 100-195-940000 Computer Hardware & Software 155,700.00 155,700.00 Community Development
100-225-510000 Salaries - Full-Time 806,930.84 4,636.16 811,567.00 Adjustments to salary/benefits 100-225-518000 Auto Allowance 4,800.00 4,800.00
100-225-520000 FICA/Medicare 11,771.87 65.13 11,837.00 Adjustments to salary/benefits 2

City of Laguna Hills
Mid-Cycle Budget Adjustment
For FY 24/25
Account Account Adopted Original Amended Budget
Number Description Budget for FY 24/25 Adjustments for FY 24/25 Notes 100-225-521000 Retirement 91,306.95 (59.95) 91,247.00 Adjustments to salary/benefits 100-225-530000 Health Insurance 178,820.36 (29,541.36) 149,279.00 Adjustments to salary/benefits 100-225-530200 Group Life - Basic 2,399.90 122.10 2,522.00 Adjustments to salary/benefits 100-225-542000 Disability Insurance 5,533.16 123.84 5,657.00 Adjustments to salary/benefits 100-225-610000 Memberships and Dues Expense 2,300.00 2,300.00 100-225-611000 Training and Education 3,000.00 3,000.00 100-225-613000 Mileage Reimbursement 300.00 300.00
100-225-613100 Vehicle-Fuel 2,000.00 2,000.00 4,000.00 Increased price of fuel 100-225-622000 Operating Supplies 1,000.00 1,000.00
100-225-623000 Printing 600.00 600.00
100-225-626000 Subscriptions & Books 1,200.00 1,200.00
100-225-646100 Maint & Repairs - Vehicles 1,000.00 1,000.00 100-225-700000 Prof. Svcs - Building & Safety 350,000.00 350,000.00 100-225-700200 General Planning Services 15,000.00 15,000.00 100-225-700201 Plan Application 40,000.00 40,000.00
100-225-720512 Contract Staffing Services 60,000.00 60,000.00 Community Services
100-310-510000 Salaries - Full-Time 728,918.64 (8,165.64) 720,753.00 Adjustments to salary/benefits 100-310-512000 Salaries - Part-Time & Temp 265,733.00 (20,000.00) 245,733.00 Adjustments to salary/benefits 100-310-518000 Auto Allowance 7,200.00 7,200.00
100-310-520000 FICA/Medicare 13,450.77 957.23 14,408.00 Adjustments to salary/benefits 100-310-521000 Retirement 98,971.95 965.05 99,937.00 Adjustments to salary/benefits 100-310-521002 Retirement - PTS 3,586.46 1,395.54 4,982.00 Adjustments to salary/benefits 100-310-530000 Health Insurance 151,481.07 15,297.93 166,779.00 Adjustments to salary/benefits 100-310-530200 Group Life - Basic 2,161.97 (70.97) 2,091.00 Adjustments to salary/benefits 100-310-542000 Disability Insurance 4,853.36 (137.36) 4,716.00 Adjustments to salary/benefits 100-310-610000 Memberships and Dues Expense 1,095.00 1,095.00 100-310-611000 Training and Education 6,000.00 6,000.00 100-310-611500 Certification/License Fees 811.00 1,200.00 2,011.00 Need for music licensing 100-310-613000 Mileage Reimbursement 200.00 200.00
100-310-613100 Vehicle-Fuel 3,000.00 3,000.00
100-310-620500 Office Supplies - Comm Ctr 3,000.00 2,000.00 5,000.00 Operational budget request 100-310-622005 Operating Supplies Comm Ctr 3,000.00 2,000.00 5,000.00 Operational budget request 100-310-622100 Operating Supplies - Uniforms 3,000.00 3,000.00 100-310-622500 Supplies-Program Services 3,500.00 3,500.00 100-310-622501 Supplies-Youth Leagues 4,500.00 4,500.00 100-310-622502 Supplies-Adult Leagues 7,750.00 7,750.00 100-310-623500 Printing-Program Services 150.00 9,000.00 9,150.00 Printed quarterly postcards 100-310-624500 Advertising-Program Services 3,500.00 6,000.00 9,500.00 Brochure design 100-310-626000 Subscriptions & Books 300.00 675.00 975.00 Operational budget request 100-310-630100 Phone & Communication Comm Ctr 5,000.00 5,000.00 100-310-631100 Utilities - Electric Comm Ctr 100,000.00 100,000.00 100-310-632500 Utilities - Gas Comm Ctr 3,500.00 3,500.00 100-310-635100 Utilities - Water Comm Ctr 9,000.00 9,000.00 100-310-641000 Rent/Lease - Equipment 4,000.00 4,000.00 100-310-641100 Rent/Lease - Vehicle 1,000.00 1,000.00
100-310-645500 Maint&Repair-Facility Comm Ctr 80,000.00 80,000.00 100-310-646100 Maint & Repairs - Vehicles 5,000.00 5,000.00 100-310-646500 Maint&Repair-Eqp&MachCommCtr 4,000.00 4,000.00 100-310-662000 Bank & Merchant Service Fees 8,000.00 15,000.00 23,000.00 Increase to reflect credit card fee usage 100-310-690500 Insurance - Recreational Classes 2,000.00 1,500.00 3,500.00 Reflective of increased classes 100-310-695500 Special Events-Program Service 17,000.00 17,000.00 100-310-695501 Day Camps 20,000.00 (20,000.00) - Operational budget request 100-310-695502 Special Needs Program 2,000.00 2,000.00
100-310-695503 Build A Fort Camps 10,000.00 10,000.00
100-310-695504 Displays,Exhibits & Ed Program 5,000.00 25,000.00 30,000.00 Improvements to fossil display 100-310-695505 Cultural Excursions 2,000.00 2,000.00
100-310-695506 Teen Camps & Programs 20,000.00 (15,000.00) 5,000.00 Operational budget request 100-310-695507 Marathon 5k 205,000.00 205,000.00
100-310-695508 July Fourth Celebration 95,500.00 10,000.00 105,500.00 Expanded show options 100-310-695509 Holiday Decorations 100,000.00 4,500.00 104,500.00 Expanded lighting and décor 100-310-695510 Holiday Event Series 22,000.00 2,000.00 24,000.00 Snow event at holiday series 100-310-695511 Rooted Volunteer Campaign 25,000.00 25,000.00 100-310-695512 Movies in the Park 10,000.00 10,000.00
100-310-695513 Concerts 34,000.00 34,000.00
100-310-695531 Heritage Day 60,000.00 24,000.00 84,000.00 Addition of street pole banners 100-310-700000 Professional Services 16,000.00 16,000.00 100-310-720301 Contract Services - Community Ctr Property Mgmt 48,000.00 (48,000.00) - Essex contract terminated 100-310-720302 Contract Services - Homelessness 64,000.00 10,000.00 74,000.00 Change of service provider. Cost share w/ MV 100-310-721500 Contract Services - Program Svce 80,000.00 80,000.00 100-310-721505 Contract Services - Janitorial & Sanitation 160,000.00 35,000.00 195,000.00 Potential increase - Contract out to bid 100-310-910500 Equip & Mach-CommCtr 3,000.00 20,000.00 23,000.00 New tables & carpet extractor 3

City of Laguna Hills
Mid-Cycle Budget Adjustment
For FY 24/25
Account Account Adopted Original Amended Budget
Number Description Budget for FY 24/25 Adjustments for FY 24/25 Notes Public Works
100-355-510000 Salaries - Full-Time 830,476.64 128,833.36 959,310.00 Adjustments to salary/benefits 100-355-518000 Auto Allowance 4,800.00 4,800.00
100-355-520000 FICA/Medicare 12,113.83 1,866.17 13,980.00 Adjustments to salary/benefits 100-355-521000 Retirement 97,246.80 10,891.20 108,138.00 Adjustments to salary/benefits 100-355-530000 Health Insurance 137,711.00 14,829.00 152,540.00 Adjustments to salary/benefits 100-355-530200 Group Life - Basic 2,459.64 405.36 2,865.00 Adjustments to salary/benefits 100-355-542000 Disability Insurance 5,318.92 812.08 6,131.00 Adjustments to salary/benefits 100-355-610000 Memberships and Dues Expense 3,000.00 3,000.00 100-355-611000 Training and Education 2,500.00 2,500.00 100-355-613000 Mileage Reimbursement 250.00 250.00
100-355-613100 Vehicle-Fuel 8,000.00 8,000.00
100-355-622000 Operating Supplies 25,000.00 25,000.00
100-355-623000 Printing 10,000.00 10,000.00
100-355-626000 Subscriptions & Books 1,000.00 1,000.00
100-355-630000 Telephone & Communication 250.00 250.00
100-355-631000 Utilities - Electric 120,000.00 120,000.00 100-355-631900 Utilities Electric OnBill Financing 90,000.00 (90,000.00) - Transfer to 356 division below 100-355-635000 Utilities - Water 530,000.00 530,000.00
100-355-640000 Rent/Lease - Facility 10,000.00 10,000.00 100-355-646100 Maint & Repairs - Vehicles 2,500.00 2,500.00 100-355-696000 NPDES Permits & Fees 200,000.00 200,000.00 100-355-700000 Professional Services 210,000.00 20,000.00 230,000.00 To address deferred maintenance 100-355-700100 City Engineer Services 50,000.00 25,000.00 75,000.00 To address deferred maintenance 100-355-700250 On-Call Engineer Services 50,000.00 25,000.00 75,000.00 To address deferred maintenance 100-355-700255 Improvement Inspection 44,000.00 44,000.00 100-355-720401 Other Public Works Maintenance 130,000.00 25,000.00 155,000.00 To address deferred maintenance 100-355-720500 Graffiti Removal 120,000.00 (50,000.00) 70,000.00 New contract savings - funds shifted to Landscaping 100-355-720700 Landscape Maintenance Contract 1,483,250.00 106,750.00 1,590,000.00 Prior contract expired. New contract reflects inflation 100-355-720701 Parks Contract Repair 115,500.00 50,000.00 165,500.00 To address deferred maintenance 100-355-720702 Tree Maintenance 390,000.00 140,000.00 530,000.00 To address deferred maintenance and extra trimming 100-355-720730 Annual Weed Abatement Program 60,000.00 60,000.00 100-355-910000 Equipment & Machinery 20,000.00 20,000.00 Public Works (Measure M MOE)
100-356-630000 MOE Telephone & Communiction 250.00 250.00 100-356-631400 MOE Electricity-Streetlights & Signals 500,000.00 500,000.00 100-356-631900 MOE Electrcity On-bill Financing - 90,000.00 90,000.00 Transfer from 355 division above 100-356-700101 MOE Traffic Engineer Services 95,000.00 95,000.00 100-356-720420 MOE Traffic Signal Maintenance 130,000.00 130,000.00 Public Safety
100-420-610000 Memberships and Dues Expense 425.00 425.00 100-420-611000 Training and Education 5,304.00 5,304.00 100-420-613100 Vehicle-Fuel 4,000.00 4,000.00
100-420-621000 Computer Supplies 530.00 530.00
100-420-622000 Operating Supplies 15,000.00 15,000.00
100-420-622400 Operating Supplies - Emergency Preparedness 3,000.00 3,000.00 100-420-646000 Maint & Rep-Equip & Machinery 25,000.00 25,000.00 100-420-646100 Maint & Repairs - Vehicles 5,304.00 5,304.00 100-420-650000 Minor Equipment 1,000.00 1,000.00
100-420-695000 CommunityAsstnc/PublicRelation 15,912.00 15,912.00 100-420-720000 Contract Services 56,000.00 86,000.00 142,000.00 Flock - 14 new cameras & data retention 100-420-720401 Animal Care & Shelter Services 294,764.00 24,292.00 319,056.00 Final estimate from Mission Viejo 100-420-720800 General Law Enforcement 12,131,109.00 (747,352.00) 11,383,757.00 Final estimate from County of Orange 100-420-720821 Trauma Intervention Program 4,000.00 4,000.00 100-420-720822 Crossing Guard Services 166,845.58 166,845.58 100-420-720823 Parking Citation Processing 30,000.00 30,000.00 100-420-720835 Fingerprint Identification Svc 13,700.00 13,700.00 100-420-720850 Private Security Patrol - 225,000.00 225,000.00 100-420-910000 Equipment & Machinery 5,000.00 4,000.00 9,000.00 Consolidate from 420-930000 100-420-930000 Furniture 4,000.00 (4,000.00) - Consolidate into 420-910000 Transfers Out
100-000-790221 Transfer Out to S.M.P. Fund 10,000.00 - 10,000.00 100-600-790600 Transfer Out to Capital Imprv. Fund 250,000.00 50,000.00 300,000.00 Amended total includes $200k for CIP 513 (Comm. *Adjustments for the above-listed "Transfers Out" will include updating the CIP Fund. Center) for electrical work, and $100k for CIP 170 (Access Ramps).

Total General Fund Expenditures 27,030,055.43 166,677.15 27,196,732.58 Revenue Over/(Under) Expenditures 386,826.57 (221,768.15) 165,058.42 4

Item No. 4.6
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: June 11, 2024
To: Mayor and Council Members
From: Jarad Hildenbrand, City Manager
Issue: Letter of Opposition to Assembly Bill 3093 (Ward) Recommendation: That the City Council direct Staff to send a letter of opposition to Assembly Bill 3093 (Ward).

Background:

AB 3093 (Ward, D) Land use: Housing element: streamlined multifamily housing.

Status: 05/29/2024 - Referred to Com. on HOUSING.

Summary: The Planning and Zoning Law requires cities and counties to have a general plan for land development that includes a housing element. This element must include information about housing needs, such as for the elderly, and the existing and future housing needs for all income levels. The bill would now define income levels for lowincome households and make changes to the required information. It also requires the housing element to include a plan to make sites available for all income levels, including acutely low and extremely low income households. The Department of Housing and Community Development will determine the housing need for each region, now including acutely low and extremely low incomes, and consult with the council of governments for data on homelessness. The bill also allows for a reduction in the county's share of housing needs if certain conditions are met. It clarifies that developments must include affordable units for extremely low and low-income households. This bill applies to all cities, including charter cities, and may impose additional requirements for local governments, which may lead to a state-mandated program. The state is not required to reimburse local agencies and school districts for these costs.

Item No. 4.6
ACC-OC Position: Oppose
CalCities Position: Oppose unless amended
Fiscal Impact:

None
Attachments:

1. AB 3093 (Ward) Letter Notice of Opposition

CITY OF LAGUNA HILLS
City Council
MAYOR
Dave Wheeler

MAYOR PRO TEMPORE
Joshua Sweeney
The Honorable Chris Ward
California State Assembly
1021 0 Street, Room 6350
Sacramento, CA 95814
June 5, 2024

COUNCIL MEMBERS
Don W. Caskey, FA/A
Janine Heft
Erica Pezold
RE: AB 3093 (Ward) Land Use: Housing Element: Streamlined Multifamily Housing City of Laguna Hills - Notice of Opposition
Dear Assembly Member Ward,
On behalf of the City of Laguna Hills, I write to express our regretful opposition to AB 3093 (Ward). AB 3093 creates two new income categories, Acutely Low Income (ALI) and Extremely Low Income (ELI), in the Regional Housing Needs Determination (RHND), Regional Housing Needs Allocation (RHNA), and Housing Element Law.

The two new income categories under AB 3093 are intended to help assess the needs of homeless residents. Homeless residents are reported under the existing very low-income category, which currently accounts for the needs of individuals in our cities earning between 0% and 50% of the area median income.

The City of Laguna Hills shares the goal of preventing and reducing homelessness and increasing the supply of affordable housing in our communities, however, has concerns that'the requirements under AB 3093 will lead to duplicative planning efforts. Specifically, as the existing housing element law requires cities to assess the need for emergency shelters and assist in developing adequate housing to meet the needs of extremely low-income households and requires cities to identify sites and encourage the development of a variety of housing, including supportive housing and transitional housing. Through these processes, local governments are doing more than ever to plan for the needs of unhoused residents in their communities.

AB 3093 lacks clarifying language for local governments to be able to carry out the obligations under this measure successfully and efficiently. Specifically, this measure lacks clarification on how allocations for the new categories will be determined and fails to provide direction on how the sites identified for ALI and ELI should differ from the housing cities are currently planning for through the very low-income category. Without these changes, cities will be set up to fail, leading to even more housing elements being deemed out of compliance.

The City of Laguna Hills believes that progress in preventing and reducing homelessness, and increasing the supply of affordable housing will require ongoing funding that allows for the 24035 El Toro Road• Laguna Hills, California 92653 • (949) 707-2610 • FAX (949) 707-2614 website: www.lagunahillsca.gov

development of long-term, ambitious plans that support unhoused residents and prevent more individuals from losing their homes. In the absence of ongoing funding to address homelessness, the complicated requirements included in AB 3093 fail to expand or develop a local government's capacity to address immediate homelessness challenges across California.

For these reasons, the City of Laguna Hills respectfully opposes AB 3093.

Sincerely,
Dave Wheeler
Mayor
City of Laguna Hills

Item No. 7.2
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: June 11, 2024
To: Mayor and Council Members
From: Joe Ames, Public Works Director/City Engineer
Issue: Award of Citywide Landscape Maintenance Services Agreement to DMS Facility Services, LLC
Recommendation: That the City Council:
1) Award the Citywide Landscape Maintenance Services Agreement to DMS Facility Services, LLC, in the amount of $1,590,000 for FY2024/25, $1,590,000 for FY2025/26, $1,669,500 for FY2026/27, $1,752,975 for FY2027/28, and $1,840,624 for FY2028/29; 2) Reject all other bids, and
3) Authorize the City Manager to execute the Agreement.

Background:

On May 9, 2024, in accordance with Laguna Hills Municipal Code (LHMC) Section 3-

08.090, Bid Proposals were publicly opened and read aloud for Citywide Landscape Maintenance Services with the following results:

Contractor Annual Base Bid

1. DMS Facility Services, LLC $1,247,880.00

2. Merchants Landscape Services, Inc. $1,854,000.00

3. Nieves Landscape, Inc. $2,133,324.00

4. Landscape West $2,159,640.00

5. Mariposa Landscapes, Inc. $2,224,932.00

6. Parkwood Landscape Maintenance, Inc. $2,412,084.00

Item No. 7.2
The Notice Inviting Bids and Specifications for the Citywide Landscape Maintenance Services established that the determination of lowest bid price would be based solely upon the comparison of the Base Bid. In addition, the selection of the recommended Contractor for these services is to be awarded based upon the Best Qualified Vendor selection criteria as defined in the LHMC Section 3-08.100.

LHMC Section 3-08.100 reads as follows:
"In determining the best qualified vendor, consideration is to be given to price, quality, and performance of the goods and supplies, equipment, or materials to be purchased or nonprofessional services to be provided by the vendor. Criteria for determining the best qualified vendor shall include but not be limited to the following:

A. The cost and quality of the goods and supplies, equipment, materials, or nonprofessional services;
B. The ability, capacity, and skill of the vendor to perform the contract and to provide the goods and supplies, equipment, materials, or nonprofessional services requested;
C. The ability of the vendor to provide the goods and supplies, equipment, materials, or nonprofessional services requested promptly or within the time specified, without delay, interference, or service interruption; D. The ability of the vendor to demonstrate the attributes of trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform; E. The character, integrity, reputation, judgment, references, experience, and efficiency of the vendor;
F. The quality of vendor’s performance history and record on previous purchases or contracts with the city;
G. The ability of the vendor to provide future maintenance, repair parts, and services for the use of the goods and supplies, equipment, or materials purchased; and
H. The ability of the vendor to demonstrate its prior, current, and continued compliance during the contract term with all applicable federal, state, and local laws, statutes, ordinances and all lawful orders, rules, and regulations promulgated thereunder.”
DMS Facility Services, LLC, provided the lowest price annual Base Bid and has been determined by Staff to be the Best Qualified Vendor in accordance with the selection criteria established in Section 3-08.100 of the Laguna Hills Municipal Code. In making

Item No. 7.2
this determination, Staff considered the best qualified vendor criteria, the interview of DMS Facility Services, LLC, held on May 14, 2024, and their full compliance with requirements set forth in the City Notice Inviting Bids and Specifications for Citywide Landscape Maintenance Services.

Staff has determined that DMS Facility Services, Inc., has met or exceeded the City’s best qualified vendor selection criteria including, but not limited to, the following requirements:
• The vendor’s ability, capacity, and skill to perform the contract. • The vendor’s ability to provide the requested services promptly without delay or service interruption.
• The vendor’s ability to demonstrate trustworthiness, quality, fitness, capacity and experience to satisfactorily perform.
• The vendor’s character, integrity, reputation, judgment, references, experience and efficiency.
• The vendor’s quality of performance history and record on previous contracts with the City.
• The vendor’s ability to demonstrate prior, current, and continued compliance during the contract term with all applicable federal, state and local laws.

Staff has also determined that DMS Facility Services, LLC, has met all of the requirements of the Bid Proposal as follows:
• A demonstrated capacity and work history providing the full services required by the Specifications;
• A statement of acceptance of all terms in the Citywide Landscape Maintenance Services Agreement;
• Experience, including the fact that DMS Facility Services, LLC, has provided satisfactory landscape maintenance services to the cities of Santa Ana and Anaheim;
• Qualifications of the company and their designated staffing; • Financial Statements;
• Schedule of Performance;
• Available Equipment;
• Full completion of the Bid Proposal forms and additionally provided information; • Full compliance with the Labor Resources requirements; • Current Licensing and Certifications; and
• Attendance at the Mandatory Pre-Bid Meeting held on April 23, 2024.

Item No. 7.2
The evaluation of the Bid Proposal provided by DMS Facility Services, LLC, results in the recommendation to award the Citywide Landscape Maintenance Services Agreement to DMS Facility Services, LLC. The initial Term of the Agreement begins on July 1, 2024, for a period of five years. The Agreement, with relevant parts of the DMS Facility Services, LLC, Bid Proposal, is attached.

Fiscal Impact:

The Award of the Citywide Landscape Maintenance Services Agreement to DMS Facility Services, Inc., in the amount of $1,590,000 for FY 2024/25 is consistent with the proposed 2024/25 Fiscal Year Budget. The Agreement's not-to-exceed annual maximum amounts are higher than the Base Bid amount to allow for extra work within each Fiscal Year's approved budget.

Attachments:

1. Citywide Landscape Maintenance Services Agreement with DMS Facility Services LLC

1 1839581.1

CITYWIDE LANDSCAPE MAINTENANCE SERVICES AGREEMENT
DMS Facility Services, LLC

THIS CITYWIDE LANDSCAPE MAINTENANCE SERVICES AGREEMENT
(hereinafter “Agreement”) is made and entered into, to be effective this 1st day of July 2024, 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 DMS FACILITY SERVICES, LLC, a California Limited Liability Company (hereinafter referred to as “Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has determined that there is a need to retain the services of a qualified and experienced full-service company capable of performing citywide landscape maintenance services, including, but not limited to, daily landscape maintenance of cutting, trimming, mowing, edging, raking, and weed control of city owned landscape spaces of turf, ground cover, shrubs, trees, slopes and open spaces, cleaning of playground areas, litter and trash removal, light tree trimming, planting, irrigation system maintenance and repair, backflow prevention testing, specialized sports field maintenance, synthetic turf maintenance and integrated pest management, as well as periodic, routine inspection and maintenance of specified City parks, slopes, and open space, on a regular ongoing, as well as on-call, as-needed basis (the “Project”).

B. In response to City's Notice Inviting Bids and Specifications for Citywide Landscape Maintenance Services, dated April 8, 2024, Contractor has submitted to City a formal written proposal, dated May 9, 2024, to provide full-service citywide landscape maintenance services to City for the Project pursuant to the terms and conditions of this Agreement and in accordance with the General Provisions, Special Provisions, and Specifications set forth in the City's Notice Inviting Bids and Specifications for Citywide Landscape Maintenance Services.

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

D. City now desires to retain Contractor to provide such work and services for the Project.

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

2 1839581.1

AGREEMENT

1. MAINTENANCE SERVICES

1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Contractor promises and agrees to provide, furnish, and perform citywide landscape maintenance services to City for the Project as set forth in Contractor’s Proposal/Scope of Work, dated May 9, 2024, in accordance with the General Provisions, Special Provisions, and Specifications set forth in the City's Notice Inviting Bids and Specifications for Citywide Landscape Maintenance Services, dated April 8, 2024, which are each attached hereto as Exhibit “A” and Exhibit “B”, respectively, and are incorporated herein by reference (hereinafter referred to as the “Services” or “Work”). As a material inducement to the City entering into this Agreement, Contractor acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills, equipment, labor, and abilities and that, consistent with this understanding, Contractor’s Services and Work shall be performed in a skillful and competent manner and shall be held to a standard of quality and workmanship prevalent in the industry for such service and work and with the standards recognized as being employed by contractors in the same discipline in the State of California. Contractor 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.

Contractor represents and warrants that it and all of its employees and subcontractors providing services under this Agreement shall have sufficient skill and experience to perform the Services and Work assigned to them. All Services and Work shall be completed to the reasonable satisfaction of the City.

1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Contractor’s signed, original Proposal/Scope of Work dated May 9, 2024 (“Contractor’s Proposal”), including the Contractor’s Schedule of Performance and Schedule of Compensation/Fees/Rates and Unit Prices, submitted to City in response to City's Notice Inviting Bids and Specifications for the Project; and, (3) the City’s Notice Inviting Bids and Specifications for Citywide Landscape Maintenance Services, dated April 8, 2024, which shall all be referred to collectively hereinafter as the “Contract Documents.” The Contractor’s Proposal and the City’s Notice Inviting Bids and Specifications for the Project, which are attached hereto as Exhibit “A” and Exhibit “B,” respectively, are hereby incorporated by reference and are made part of this Agreement. All provisions of this Agreement, the Contractor’s Proposal, and the City’s Notice Inviting Bids and Specifications for the Project, shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms and conditions of this Agreement; (2nd) the terms, conditions, requirements, and provisions of the City’s Notice Inviting Bids and Specifications for the Project (Exhibit “B”); and (3rd) the provisions of the Contractor’s Proposal (Exhibit “A”).

1.3 Compliance with Law. Contractor shall comply at all times during the term of this Agreement with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable fair labor standards and Cal/OSHA regulations and requirements. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any

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manner affecting the performance of the Work and Services, including all Cal/OSHA regulations and requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with performing the Work and Services. If Contractor performs any Work or Services in violation of such laws, rules, and regulations, Contractor shall be solely responsible for all penalties and costs arising therefrom. Contractor shall defend, indemnify, and hold City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations.

1.4 Licenses, Permits, Fees, and Assessments. Prior to performing any Services or Work hereunder, Contractor shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its trade and perform the Work and Services required by this Agreement. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Contractor to perform the Work and Services under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Work and Services required by this Agreement, and Contractor 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 obtain such licenses, permits, and approvals of whatever nature that are legally required to perform the Work or Services.

1.5 Familiarity with Work. By executing this Agreement, Contractor represents and warrants that it (a) has thoroughly investigated and considered the Scope of Work or Services to be performed, (b) has carefully considered how the Services should be performed and has carefully examined the location or locations at or with respect to where such Services or Work is to be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor represents and maintains that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Contractor discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City.

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

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

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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 either Contractor’s Proposal/Scope of Work (Exhibit “A”) or in City's Notice Inviting Bids and Specifications for Citywide Landscape Maintenance Services (Exhibit "B"), or to 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 Contractor, incorporating therein any adjustment in the Maximum Annual Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Contractor. It is expressly understood by Contractor that the provisions of this section shall not apply to the Work and Services specifically set forth in the Contractor’s Proposal/Scope of Work or reasonably contemplated therein, regardless of whether the time or materials required to complete any Work or Services identified in the Contractor’s Proposal/Scope of Work exceeds any time or material amounts or estimates provided therein.

1.9 Prevailing Wages.

1.9.1 Prevailing Wage Laws. The City has determined that the Work and Services under this Agreement requires work of labor categories which are subject to Prevailing Wage Laws identified in the State of California Labor Code. Contractor 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. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its elected officials, officers, employees, and agents 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.

1.9.2 Labor Code/DIR Compliance. Contractor understands and agrees to comply with the following California Labor Code compliance conditions [Labor Code Sections 1720 et seq., 1813, 1860, 1861, 3700]:
(A) This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Contractor agree to be bound by all the provisions thereof as though set forth in full herein.
(B) Contractor shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement. (C) Contractor agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s)

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may be obtained at (http://www.dir.ca.qov/OPRUDPreWaqeDetermination.htm), are on file with City, and are available to any interested party upon request. A copy of said rates shall be posted at each job site during the Term of this Agreement.
(D) Pursuant to California Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Contractor shall post job site notices as prescribed by DIR regulations and furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2). (E) Contractor shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. (F) Contractor shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. (G) Eight (8) hours of labor shall constitute a legal day’s work for all workmen employed in the execution of this Agreement, and the Contractor and any subcontractor shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. Contractor shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. (See, e.g., Cal. Labor Code §1815.)
(H) Pursuant to California Labor Code Sections 1860 and 3700, Contractor will be required to secure the payment of compensation to its employees. By signing this Agreement, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
(I) Pursuant to California Labor Code Section 1771.1, Contractor and any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the DIR and qualified to perform

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public work pursuant to California Labor Code Section 1725.2. It is not a violation of California Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by California Business and Professions Code Section 7029.1 or by California Public Contract Code Section 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Contractor shall not perform any work under this Agreement with any subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the California Labor Code.

1.10 Water Quality Management and Compliance.

1.10.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during performance of the Services or Work. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its bid or proposal accordingly, and assumes any and all risks and liabilities associated with and arising therefrom.

1.10.2 Compliance with Water Quality Laws, Ordinances, and Regulations.

Contractor shall keep itself and any subcontractors, staff, agents, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by, the performance of the Services or Work, including, without limitation, all applicable provisions of: the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal. Water Code § 1300 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local or state agency having jurisdiction over the location where the Services or Work are to be performed, conducted, or provided, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.

1.10.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances, and regulations listed in subsection 1.10.2, Contractor shall comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the City of Laguna Hills Local Implementation Plan (“LIP”), and the applicable Water Quality Management Plan (“WQMP”). Such documents contain the Model Maintenance Procedures with Best Management Practices (“BMPs”). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dryweather urban runoff, storm water runoff, and receiving water quality. Contractor hereby acknowledges and agrees to be familiar with the DAMP, the LIP, and the WQMP, and agrees to comply with the requirements specified therein.

1.10.4 Standard of Care. Contractor represents and warrants that all employees and subcontractors performing any Services or Work hereunder shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies described in Sections 1.10.2 and 1.10.3 of this Agreement. Contractor further represents and warrants that it, its employees and subcontractors will receive appropriate training regarding the requirements of the laws, regulations, and policies described in subsections

1.10.2 and 1.10.3 of this Agreement as they may relate to the Services.

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1.10.5 Liability for Water Quality Non-Compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in subsections 1.10.2 and 1.10.3 of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its elected and appointed officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its elected and appointed officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in subsections 1.10.2 and 1.10.3 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole negligence, willful misconduct or active negligence of the City, its elected and appointed officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Contractor for delay in completing the Services caused by Contractor’s failure to comply with the laws, regulations, and policies described in subsections 1.10.2 and 1.10.3 of this Agreement, or any other relevant water quality law, regulation, or policy.

1.11 Intentionally omitted.

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

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

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2. COMPENSATION

2.1 Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation/Fees/Rates and Unit Prices set forth in Contractor’s Proposal/Scope of Work, but not exceeding the total maximum annual contract amounts of: (1) One Million Five Hundred Ninety Thousand Dollars ($1,590,000.00) for the first Fiscal Year (i.e., from July 1, 2024, through June 30, 2025); (2) One Million Five Hundred Ninety Thousand Dollars ($1,590,000.00) for the second Fiscal Year (i.e., from July 1, 2025 through June 30, 2026); (3) One Million Six Hundred Sixty Nine Thousand Five Hundred Dollars ($1,669,500.00) for the third Fiscal Year (i.e., from July 1, 2026 through June 30, 2027); (4) One Million Seven Hundred Fifty Two Thousand Nine Hundred Seventy Five Dollars ($1,752,975.00) for the fourth Fiscal Year (i.e., from July 1, 2027 through June 30, 2028); and, (5) One Million Eight Hundred Forty Thousand Six Hundred Twenty Four Dollars ($1,840,624.00) for the fifth Fiscal Year (i.e., from July 1, 2028 through June 30, 2029) (hereinafter referred to as the "Maximum Annual Contract Amount"). Compensation shall be payable according to the fees and at the rates, charges and unit prices set forth in Exhibit “A” attached hereto. The Maximum Annual Contract Amount shall include the attendance of Contractor at all Project meetings deemed reasonably necessary by the City. Contractor shall not be entitled to any increase in the Maximum Annual Contract Amount for attending these meetings. 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 Contractor’s Proposal/Scope of Work (Exhibit “A”), in any month in which Contractor wishes to receive payment, no later than the 10th working day of such month, Contractor shall submit to the City, in a form approved by the City’s Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the Work or Services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Contractor within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical.

2.3 Optional CPI Adjustment. The fees, rates and/or unit prices set forth in Contractor’s Proposal/Scope of Work (Exhibit "A") shall remain fixed and unchanged for the first two (2) years of the term of this Agreement (i.e., from July 1, 2024, through June 30, 2026).

Thereafter, Contractor may submit a request to adjust its fees, rates and/or unit prices once per year during the remainder of the term of the Agreement as provided for herein. However, approval of any request to adjust fees, rates and/or unit prices shall be made at the sole discretion of the City Manager, in writing, and is subject to the City's approved budget. Such fee, rate, and/or unit price adjustment(s), if any, shall not exceed the value of the change of the Consumer Price Index for the Los Angeles/Orange County area for the preceding one year as published for the month of April of any given year. In no event shall any adjustment of any fee, rate or unit price exceed five percent (5%) per year regardless of CPI or any other cost factors.

2.4 Changes in Scope. In the event any change or changes in the Scope of Work or Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional fees for services. An amendment may be entered into: (a) to provide for revisions or

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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 work or services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

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

3. SCHEDULE OF PERFORMANCE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance set forth in Contractor's Proposal/Scope of Work (Exhibit “A”).

3.2 Schedule of Performance. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services or Work within the time period(s) established in the Schedule of Performance set forth in Contractor's Proposal (Exhibit “A”). When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant such an extension.

3.3 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and shall continue in full force and effect for a period of five (5) years, commencing on July 1, 2024 and ending on June 30, 2029 (“Initial Term”). The City shall have the unilateral option, at its sole discretion, to renew and extend the term of this Agreement for no more than one additional three (3) year term (“Renewal Option”) under the same terms and conditions.

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

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3.5 Intentionally omitted.

4. COORDINATION OF WORK

4.1 Representative of Contractor. The following principal of Contractor is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the Services to be performed under this Agreement and to make all decisions in connection therewith: Mr. Ashley Subingsubing, General Manager. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Work or Services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Contractor’s responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Services required without prior written consent of City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability hereunder without the express written consent of City.

4.4 Independent Contractor.

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4.4.1. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Contractor a City employee. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents and volunteers shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement.

Contractor, its officers, employees, or agents shall not maintain a permanent office or fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor’s officers, employees, representatives or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Services under this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.

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

4.4.3. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with the performance of any Work or Services under this Agreement. Except for fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing any 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 Contractor’s officers, employees, representatives, subcontractors, or agents, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations.

4.5 PERS Eligibility Indemnification.

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

4.5.2 Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing any Work or Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment

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by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

5. INSURANCE

5.1 Compliance with Insurance Requirements. Contractor shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Contractor shall not commence any Work or Services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor’s existing insurance policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.

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

5.2.1 Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance written on an occurrence basis with limits of at least one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) in the general aggregate, and one million dollars ($1,000,000.00) for products and completed operations. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.

5.2.2 Automobile Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) combined limit for each occurrence covering bodily injury and property damage. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.

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

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

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

5.4.1 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:
(A) 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
(B) Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Contractor, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
(C) 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.

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

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

14 1839581.1

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

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

5.8 Evidence of Coverage. Concurrently with the execution of the Agreement, Contractor shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. Contractor shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verify coverage.

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

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

5.11 Insurance for Subconsultants. Contractor shall either: (1) include all subconsultants or subcontractors engaged in any Work or Services for Contractor relating to this Agreement as additional named insureds under the Contractor’s insurance policies; or (2) Contractor shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this

15 1839581.1
section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Contractor’s subconsultants or subcontractors performing any Work or Services related to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers, as additional insureds. Contractor shall not allow any subconsultant or subcontractor to commence any Work or Services relating to this Agreement unless and until it has 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 Contractor pursuant to this Agreement:

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

5.12.2 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

5.12.3 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.

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

5.12.5 Contractor agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.

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

6. INDEMNIFICATION

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

7. REPORTS AND RECORDS

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

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

7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subconsultants, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. Contractor shall ensure that all of its subcontractors shall provide for assignment to City of

17 1839581.1
any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

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

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

8. ENFORCEMENT OF AGREEMENT

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

8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

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

Upon termination of the Agreement pursuant to this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination.

8.4 Default of Contractor.

8.4.1. Contractor’s failure to comply with any provision of this Agreement shall

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constitute a default.

8.4.2. If the City Manager, or the City Manager’s designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance.

In the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 8.3.

8.4.3. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Contractor shall not limit Contractor’s liability for completion of the Services as provided herein.

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

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

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

8.8 Attorneys’ Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all

19 1839581.1
reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

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

9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin.

Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

10. MISCELLANEOUS PROVISIONS

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

To City: City of Laguna Hills
Attention: City Manager
24035 El Toro Road
Laguna Hills, California 92653
Telephone: (949) 707-2600

20 1839581.1
Facsimile: (949) 707-2633
To Contractor : DMS Facility Services, LLC
Attention: Loren Dotts, President
2861 East Coronado Street
Anaheim, California 92806
Telephone: (714) 853-3332

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

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

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

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

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

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

10.8 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

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[SIGNATURES ON NEXT PAGE]

22 1839581.1
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“CITY”

CITY OF LAGUNA HILLS,
a California municipal corporation
JARAD L. HILDENBRAND,
City Manager
ATTEST:

JENNIFER LEE,
City Clerk
APPROVED AS TO FORM:

GREGORY E. SIMONIAN,
City Attorney
“CONTRACTOR”
DMS FACILITY SERVICES, LLC, a
California Limited Liability Company
By:

LOREN DOTTS,
President
By: .

CAROLE THORSELL,
Secretary

23 1839581.1
EXHIBIT “A”

CONTRACTOR'S PROPOSAL/ SCOPE OF WORK
DATED: MAY 9, 2024

SCOPE OF SERVICES FOR PROJECT

INCLUDING,

SCHEDULE OF PERFORMANCE
AND

SCHEDULE OF COMPENSATION/ FEES/ RATES/ & UNIT PRICES

24 1839581.1
EXHIBIT “B”

CITY OF LAGUNA HILLS

NOTICE INVITING BIDS AND SPECIFICATIONS
FOR

CITYWIDE LANDSCAPE MAINTENANCE SERVICES
DATED: APRIL 9, 2024

CITY OF LAGUNA HILLS

CALIFORNIA

NOTICE INVITING BIDS AND SPECIFICATIONS
FOR

CITYWIDE LANDSCAPE MAINTENANCE SERVICES
Issued: April 8, 2024
Mandatory Pre-Bid Meeting: April 23, 2024 at 10:00 am
Bid Opening: May 9, 2024 at 2:00 pm

CITY OF LAGUNA HILLS
24035 EL TORO ROAD
LAGUNA HILLS, CA 92653
(949) 707-2651

CITY OF LAGUNA HILLS

CALIFORNIA

NOTICE INVITING BIDS AND SPECIFICATIONS
FOR

CITYWIDE LANDSCAPE MAINTENANCE SERVICES
Prepared under the Supervision of and Approved by:

April 5, 2024

Joseph Ames, City Engineer Date
R.C.E. No. 66999
Expires 9/30/2024

i

CITY OF LAGUNA HILLS

TABLE OF CONTENTS
FOR

CITYWIDE LANDSCAPE MAINTENCE SERVICES
NOTICE INVITING SEALED BIDS NB-1
INSTRUCTIONS TO BIDDERS IB-1
GENERAL PROVISIONS GP-1
Agreement GP-1
Conflicts GP-1
Base Bid and Alternate Bids GP-1
Award of Landscape Maintenance Services
Agreement/Best Qualified Vendor Selection Criteria GP-1 Term/Extension GP-4
Method of Payment GP-4
Compensation GP-5
Task Order for Extra Work GP-7
Prevailing Wages GP-9
Anti-Kickback and Work Standards GP-9
Emergency Numbers GP-10
Licenses GP-10
Dress Code and Appearance GP-10
Interaction with the Public GP-10
The City’s Right to do Work GP-11
City Liaison GP-11
Review of Project Services GP-11
Substitutions GP-11
Soils and Plant Testing GP-11
Specifications and Plans GP-11
Work Not Included GP-12
Communications GP-12
Scheduling of Operations/Holidays GP-12
Reports and Schedules GP-13
Supervision and Special Skills GP-13
Protection of Property and Performance During
Inclement Weather GP-14
Protection of Existing Facilities and Structures GP-14
Contractor Neglect GP-16
Safety GP-16
Construction Equipment GP-16
Traffic Control GP-16
Noise Control Requirements GP-16

ii

TABLE OF CONTENTS CONTINUED
Water Quality and Conservations GP-17
Performance Deficiency Deduction GP-17

PROPOSAL DOCUMENTS
Proposal P-1
Contractor’s Licensing Statement P-4
Non-Collusion Affidavit P-6
Proposal Bid Sheets P-7

SPECIAL PROVISIONS
General SP-1
Turf Areas Maintenance Specification SP-2
Shrubs Maintenance Specifications SP-3
Vines Maintenance Specifications SP-4
Ground Cover Maintenance Specifications SP-4
Tree Maintenance Specifications SP-5
Pruning Standards SP-7
Mulch Maintenance Specifications SP-8
Fertilization Maintenance Specifications SP-8
Plant Additions and/or Replacements SP-9
Irrigated Landscaped Slopes Maintenance
Specifications SP-9
Non-Irrigated Open Spaces Maintenance
Specifications SP-11
Park Playground and Sand Court Areas
Maintenance Specifications SP-11
Hard Surface Areas Maintenance Specifications SP-12
Weed Control of Paved Surfaces Maintenance
Specifications SP-12
Weed Abatement Mowing and Open Space
Management Maintenance Specifications SP-12
Weed Control SP-13
Disease Pest and Rodent Control SP-16
Clean-Up Maintenance Specifications SP-20
Irrigation System Maintenance Specification SP-21
Drainage Facilities SP-27
Integrated Pest Management of Citywide Landscape
Maintenance Areas SP-27
Non-Landscape Operations Maintenance
Specifications SP-28
Guarantee and/or Replacement Policy SP-29
Annual Backflow Preventer Testing and Certification SP-29 Agency Special Events SP-30
Reports and Schedules SP-30
Volunteer Planting / “Rooted” Event Donations SP-31

iii

TABLE OF CONTENTS CONTINUED
Community Center and Sports Complex – Special
Maintenance Requirements SP-31
Community Center and Sports Complex – Annual
Maintenance Program SP-34
Laguna Hills Community Center and Sports Complex
Softball Field Synthetic Turf Special Maintenance SP-38 Cabot Park Sports Field and Landscape Maintenance
Special Maintenance Requirements SP-40
Civic Center and El Toro Road Streetscape Special
Maintenance Requirements SP-42
Wetlands and Natural Habitat Maintenance
Specifications SP-43
Landscape Maintenance Equipment SP-44

DRAFT LANDSCAPE MAINTENANCE SERVICES

AGREEMENT APPENDIX I

LANDSCAPE MAINTENANCE AREAS APPENDIX II

INTEGRATED PEST MANAGEMENT POLICY AND

IMPLEMENTATION GUIDELINES APPENDIX III

LANDSCAPE MAINTENANCE SERVICES

PERFORMANCE WARNING/DEFICIENCY DEDUCTION APPENDIX IV

BEST MANAGEMENT PRACTICES APPENDIX V

ANNUAL FERTILIZATION SCHEDULE APPENDIX VI

BACKFLOW PREVENTOR LIST APPENDIX VII

NB-1

CITY OF LAGUNA HILLS

NOTICE INVITING SEALED BIDS FOR

CITYWIDE LANDSCAPE MAINTENANCE SERVICES

NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Laguna Hills, as AGENCY, for furnishing all materials, equipment, tools, labor, and incidentals as required for the above stated Project in strict accordance with this Notice Inviting Bids, Specifications and Citywide Landscape Maintenance Services Agreement on file in the City Clerk’s Department of the City of Laguna Hills.

Bids for a Base Bid and Alternate Bids will be received by the City Clerk at the City of Laguna Hills until 2:00 pm on the 9th day of May 2024, at which time and place the bids will be publicly opened and read aloud. Bids shall be submitted in sealed envelopes marked on the outside, “SEALED BID FOR CITYWIDE LANDSCAPE MAINTENANCE SERVICES - DO NOT OPEN WITH REGULAR MAIL.” The determination of the lowest bid value shall be based upon a comparison of the Base Bid only.

MANDATORY PRE-BID MEETING ATTENDANCE – Any Bidder intending to submit a Bid Proposal for this Project shall attend a Pre-bid Meeting to be held on April 23, 2024, promptly beginning at 10:00 am. The meeting shall be held in the City Council Chambers of the Laguna Hills Civic Center, 24035 El Toro Road, Laguna Hills, CA, 92653. In order for a Bidder’s Bid Proposal to be considered by City as being responsive, Bidder shall have attended the entirety of the Mandatory Pre-Bid Meeting described above.

The City seeks to retain the services of a qualified and experienced company/Contractor capable of performing the work of all-inclusive citywide landscape maintenance services, including, but not limited to, daily inspection and landscape maintenance of cutting, trimming, mowing, edging, raking, and weed control of landscape areas of turf, ground cover, shrubs, trees, slopes and open spaces, cleaning of playground areas, litter and trash removal, simple tree trimming, planting, irrigation system maintenance and repair, backflow prevention testing, inspection, maintenance, irrigation repair and reporting on specified irrigated slopes, specialized sports field maintenance, synthetic turf maintenance and integrated pest management of landscape areas, on an ongoing basis (the “Project”) in accordance with a Base Bid and/or any combination of Alternate Bids.

The Agency reserves the right, after opening bids, to reject any or all bids and will procure the services for Project consistent with the City’s procurement regulations, procedures,

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and best qualified vendor selection criteria set forth in Sections 3-08.090 and 3-08.100 of the Laguna Hills Municipal Code (LHMC), respectively, as determined solely by the City; to waive any informality in the bidding; to accept any bid or portion thereof; and to take all bids under advisement for a period of ninety (90) days. Bids will be compared on the basis of the Engineer’s estimate of the quantities of the several items of work as shown on the bid sheets. A full and complete copy of Sections 3-08.090 and 3-08.100 of the LHMC is provided within the Instructions for Bidders section of this document. To facilitate the City’s determination of the Best Qualified Vendor, Bidder shall provide up to ten pages of additional information about their unique qualifications meeting the City’s needs for this Project as a part of the submission of their Bid Proposal. The City may, at its discretion, after the opening of the Bids, schedule interviews of the lowest Bidders as a part of its determination of the Best Qualified Vendor. Bidders shall be notified of a schedule of interviews and shall participate upon an invitation issued by the City.

At the time of award of the proposed Citywide Landscape Maintenance Services Agreement, the Contractor shall possess a State of California Contractor’s License as appropriate for the performance of the work herein described. The City requires either the State Compensation Insurance Fund or a carrier rated B+ or above for Workers’ Compensation Insurance.

The selected company/Contractor shall enter into the City's Citywide Landscape Maintenance Services Agreement, which includes the following provision regarding Prevailing Wages: “Contractor is required to know and comply with 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. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to 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.”
Except for any work or services that are considered to be cleaning, custodial, and janitorial in nature, the City has determined that the work or services contemplated herein are Public Works as defined in the State of California Labor Code, therefore such work or services shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). The prevailing wages applicable to this procurement are available on the DIR web page at www.dir.ca.gov. It is the Bidders’ sole responsibility to incorporate the cost of complying with all prevailing wage and labor compliance requirements and all applicable laws for this Project. The successful Bidder and its subcontractors of any tier, if any, shall maintain active registration with DIR, as appropriate, for the duration of this Project. Additional Prevailing Wage requirements are set forth in more detail as terms and conditions in the attached (see Appendix I) Sample

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CITY OF LAGUNA HILLS

INSTRUCTIONS TO BIDDERS
FOR

CITYWIDE LANDSCAPE MAINTENANCE SERVICES AGREEMENT

1. BID PROPOSAL FORMS
Bid Proposal(s) shall be submitted in writing on the Bid Proposal forms provided by the City. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The City will not consider any submission not meeting these requirements. Bid Proposals shall consist of a Base Bid and Alternate Bids.

2. NON-COLLUSION AFFIDAVIT
Contractor shall declare that the only persons or parties interested in the proposal as principals are those named therein; that no officer, agent, or employee of the City is personally interested, directly or indirectly, in the proposal; that the proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that the Bid Proposal is in all respects fair and without collusion or fraud. The Non-Collusion Affidavit shall be executed and submitted with the proposal.

3. PROPOSAL BID SHEET
Contractors shall give unit prices for each and all of the items set forth. No aggregate proposal(s) will be considered. The Contractor shall set forth for each item of work, in clearly legible figures, a unit item price and a total for the item in the respective spaces provided for this purpose. The quantities listed in the Bid sheets are supplied to give an indication of the general scope of work, but the accuracy of figures is not guaranteed and may change over the duration of the Project. Contractor shall make its own estimates as to the extent of the work. In case of a variation between the unit price and the totals shown by the Contractor, the unit price will be considered to be the bid.

4. DELIVERY OF BID PROPOSAL
Bid Proposals may be mailed or delivered by messenger. However, it is the Contractor’s sole responsibility to ensure delivery of the proposal to the hands of the City Clerk by the date and time required in the Notice Inviting Sealed Bids.

Sealed bids or proposals shall be submitted to the office of the City Clerk or requesting city department and shall be identified as formal competitive bids or

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

5. IRREGULAR BID PROPOSALS
Unauthorized conditions, limitations, or provisions attached to a Bid Proposal will render it irregular and may cause its rejection. The completed Bid Proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered.

6. TAXES
No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable.

7. DISQUALIFICATION OF CONTRACTORS
In the event that any Contractor acting as a prime Contractor has an interest in more than one proposal, all such proposals will be rejected, and the Contractor will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one. No Agreement will be executed unless the Contractor is licensed in accordance with the provisions of the State Business and Professions Code.

8. INTERPRETATION OF DOCUMENTS
If any person/company/corporation contemplates submission of a Bid Proposal for the proposed Project and is in doubt as to the true meaning of any part of the specifications or other proposed documents, or finds discrepancies in, or omissions from the specifications, they may submit to the City a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The City will not be responsible for any other explanation or interpretations of the proposed documents. Contractor shall field review the site of the Project and completely familiarize themselves with all of the work necessary to complete the Project as described in the Specifications.

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9. ADDENDA OR BULLETINS
The effect of all addenda to the Documents shall be considered in the Bid Proposal, and said addenda shall be made a part of these documents and shall be returned with them. Before submitting its Bid Proposal, each Contractor shall inform themselves as to whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued, may render its bid irregular and may result in its rejection by the City.

10. LEGAL RESPONSIBILITIES
All Bid Proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to Bid Proposal(s) for contracts of this nature whether the same are expressly referred to herein or not.

Any Contractor submitting a Bid Proposal shall by such action thereby acknowledge they have visited the full limits and extent of the work site and agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Notice Inviting Bids, Specifications and Sample Draft Citywide Landscape Maintenance Services Agreement, which is subject to change upon final, and to full compliance therewith.

11. AWARD OF LANDSCAPE MAINTENANCE SERVICES AGREEMENT
Following a review of the Bid Proposal(s), the City shall determine whether to select a qualified Contractor for the Project based upon multiple criteria described herein. The determination of the lowest bid value shall be based upon a comparison of the Base Bid only. However, the City shall determine whether to award the proposed Sample Draft Citywide Landscape Maintenance Services Agreement, which is subject to change upon final, for the Base Bid and/or any combination of Alternate Bids to the Best Qualified Vendor in accordance with all of the following provisions of the LHMC.
“3-08.090 Procurement of goods and supplies, equipment, materials, and nonprofessional services – Greater than fifty thousand dollars ($50,000.00) – Formal
The procurement of goods and supplies, equipment, materials, and nonprofessional services with an estimated value of greater than fifty thousand dollars ($50,000.00), inclusive of taxes, licenses, freight charges, installation charges, fees, and other considerations, shall be made by the formal procedures set forth in this section.

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A. Notice Inviting Bids. Notices inviting formal bids or proposals from prospective vendors shall be publicly noticed no later than ten calendar days before the submission date for formal bids. The notices shall describe the requested goods or supplies, equipment, materials, or nonprofessional services in general terms, how to obtain more detailed information concerning the procurement, and state the time, place, and deadline for submission of sealed bids or proposals.

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

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

D. Rejection of Bids. The City Council or the Purchasing Officer shall have the discretion to reject any and all bids or proposals for any reason or for no reason, and may suspend, delay, or otherwise cancel the procurement, or may order the re-advertisement of the request for bids. If all formal bids or proposals are rejected and the City Council resolves by a recorded majority vote of the total membership of the City Council that the procurement can be performed more economically by force account, by informal procedures, or through open market purchases, then it may dispense with further formal competitive public bidding.

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

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

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

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

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

I. Defects, Irregularities, and Informalities. The City Council may, in its sole discretion, waive any defect, irregularity, or informality in the formal bids or proposals or in the competitive procedures established in this section, and no such defect, irregularity, or informality shall void any contract entered into by the city.
3-08.100 Best qualified vendor.

In determining the best qualified vendor, consideration is to be given to price, quality, and performance of the goods and supplies, equipment, or materials to be purchased or nonprofessional services to be provided by the vendor. Criteria for determining the best qualified vendor shall include but not be limited to the following:

A. The cost and quality of the goods and supplies, equipment, materials, or nonprofessional services;
B. The ability, capacity, and skill of the vendor to perform the contract and to provide the goods and supplies, equipment, materials, or nonprofessional services requested;
C. The ability of the vendor to provide the goods and supplies, equipment, materials, or nonprofessional services requested promptly or within the time specified, without delay, interference, or service interruption; D. The ability of the vendor to demonstrate the attributes of trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform;
E. The character, integrity, reputation, judgment, references, experience, and efficiency of the vendor;

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F. The quality of vendor’s performance history and record on previous purchases or contracts with the city;
G. The ability of the vendor to provide future maintenance, repair parts, and services for the use of the goods and supplies, equipment, or materials purchased; and
H. The ability of the vendor to demonstrate its prior, current, and continued compliance during the contract term with all applicable federal, state, and local laws, statutes, ordinances and all lawful orders, rules, and regulations promulgated thereunder.”
To facilitate the City’s determination of the Best Qualified Vendor, Bidder shall provide additional information about their unique qualifications meeting the City’s needs for this Project as a part of the submission of their Bid Proposal. The City may, at its discretion, after the opening of the Bids, schedule interviews of the lowest Bidders as a part of its determination of the Best Qualified Vendor. Bidders shall be notified of a schedule of interviews and shall participate upon an invitation issued by the City.

At the time of award of the proposed Sample Draft Citywide Landscape Maintenance Services Agreement, which is subject to change upon final, the selected Bidder shall hold a Contractor’s License or a combination of licenses, as appropriate to perform the work, issued by the State of California. Additionally, the City reserves the right to accept any bid or portion thereof, to waive any irregularity, and to take the Bid Proposal(s) under advisement for the period of time of ninety (90) days all as may be required to provide for the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Contractor to whom the award is contemplated. No Contractor may withdraw its Bid Proposal for a period of ninety (90) days after the time set for opening thereof. Contractor shall be required to agree to the terms of the attached (see Appendix I) Sample Draft Citywide Landscape Maintenance Services Agreement, which is subject to change upon final.

12. WORKERS’ COMPENSATION CERTIFICATE
Section 3700 of the State Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to self-insure from the State Director of Industrial Relations. In accordance with this Section and with Section 1861 of the State Labor Code, the Contractor shall sign a Compensation Insurance Certificate which is included with the attached Sample Draft Citywide Landscape Maintenance Services Agreement, which is subject to

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change upon final, and submit same to City along with the other required contract documents, prior to performing any work. Reimbursement for this requirement shall be considered as included in the various items of work.

13. MANDATORY PRE-BID MEETING REQUIREMENT
Any Bidder intending to submit a Bid Proposal for this Project shall attend a Pre-Bid Meeting to be held on April 23, 2024, promptly beginning at 10:00 a.m. The meeting shall be held in the City Council Chambers of the Laguna Hills Civic Center, 24035 El Toro Road, Laguna Hills, CA, 92653. In order for a Bidder’s Bid Proposal to be considered by City as being responsive, Bidder shall have attended the entirety of the Mandatory Pre-Bid Meeting described above.
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CITY OF LAGUNA HILLS

GENERAL PROVISIONS
FOR

CITYWIDE LANDSCAPE MAINTENANCE SERVICES

1. AGREEMENT
The selected company/Contractor, by submitting their bid, is agreeing to enter into the proposed Sample Draft Citywide Landscape Maintenance Services Agreement (hereinafter “Agreement”), which is subject to change upon final. The Sample Draft Citywide Landscape Maintenance Services Agreement is attached (see Appendix I).

2. CONFLICTS
In case of any conflict between the Notice Inviting Bids, these Specifications and the Agreement, the Agreement shall take precedence.

3. BASE BID AND ALTERNATE BIDS
Bids shall be compared on the basis of the Base Bid only for the determination of the lowest responsive Bidder. The Agency shall have the authority to select a company/Contractor to enter into the Agreement to provide services on the basis of the Base Bid and/or any combination of Alternative Bids, if any, and in accordance with the “best qualified vendor selection criteria” as described herein.

4. AWARD OF CITYWIDE LANDSCAPE MAINTENANCE SERVICES AGREEMENT – BEST QUALIFIED VENDOR SELECTION CRITERIA
Following a review of the Bid Proposal(s), the City shall determine whether to select a qualified Contractor for the Project based upon multiple criteria described herein. The determination of the lowest bid value shall be based upon a comparison of the Base Bid only. However, the City shall determine whether to award the proposed Sample Draft Citywide Landscape Maintenance Services Agreement, which is subject to change upon final, for the Base Bid and/or any combination of Alternate Bids, if any, to the best qualified vendor in accordance with all of the following provisions of the LHMC.

“3-08.090 Procurement of goods and supplies, equipment, materials, and nonprofessional services – Greater than fifty thousand dollars ($50,000.00) – Formal
The procurement of goods and supplies, equipment, materials, and nonprofessional services with an estimated value of greater than fifty thousand dollars ($50,000.00), inclusive of taxes, licenses, freight charges, installation

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charges, fees, and other considerations, shall be made by the formal procedures set forth in this section.

A. Notice Inviting Bids. Notices inviting formal bids or proposals from prospective vendors shall be publicly noticed no later than ten calendar days before the submission date for formal bids. The notices shall describe the requested goods or supplies, equipment, materials, or nonprofessional services in general terms, how to obtain more detailed information concerning the procurement, and state the time, place, and deadline for submission of sealed bids or proposals.

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

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

D. Rejection of Bids. The City Council or the Purchasing Officer shall have the discretion to reject any and all bids or proposals for any reason or for no reason, and may suspend, delay, or otherwise cancel the procurement, or may order the re-advertisement of the request for bids. If all formal bids or proposals are rejected and the City Council resolves by a recorded majority vote of the total membership of the City Council that the procurement can be performed more economically by force account, by informal procedures, or through open market purchases, then it may dispense with further formal competitive public bidding.

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

F. Award of Contracts. Contracts or purchase orders shall be awarded by the City Council to the lowest Bidder or proposer consistent with the best qualified vendor selection criteria set forth in Section 3-08.100, except as otherwise provided herein. The decision of the City Council shall be final. The City Council may authorize that such purchase orders or contracts be executed by either the Mayor or the City Manager, or the City Council may otherwise delegate such signature authority.

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

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

I. Defects, Irregularities, and Informalities. The City Council may, in its sole discretion, waive any defect, irregularity, or informality in the formal bids or proposals or in the competitive procedures established in this section, and no such defect, irregularity, or informality shall void any contract entered into by the city. 3-08.100 Best qualified vendor.

In determining the best qualified vendor, consideration is to be given to price, quality, and performance of the goods and supplies, equipment, or materials to be purchased or nonprofessional services to be provided by the vendor. Criteria for determining the best qualified vendor shall include but not be limited to the following:

A. The cost and quality of the goods and supplies, equipment, materials, or nonprofessional services;
B. The ability, capacity, and skill of the vendor to perform the contract and to provide the goods and supplies, equipment, materials, or nonprofessional services requested;
C. The ability of the vendor to provide the goods and supplies, equipment, materials, or nonprofessional services requested promptly or within the time specified, without delay, interference, or service interruption; D. The ability of the vendor to demonstrate the attributes of trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform; E. The character, integrity, reputation, judgment, references, experience, and efficiency of the vendor;
F. The quality of vendor’s performance history and record on previous purchases or contracts with the city;

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G. The ability of the vendor to provide future maintenance, repair parts, and services for the use of the goods and supplies, equipment, or materials purchased; and
H. The ability of the vendor to demonstrate its prior, current, and continued compliance during the contract term with all applicable federal, state, and local laws, statutes, ordinances and all lawful orders, rules, and regulations promulgated thereunder.”
To facilitate the City’s determination of the Best Qualified Vendor, Bidder shall provide additional information about their unique qualifications meeting the City’s needs for this Project as a part of the submission of their Bid. The City may, at its discretion, after the opening of the Bids, schedule interviews of the lowest Bidders as a part of its determination of the Best Qualified Vendor. Bidders shall be notified of a schedule of interviews and shall participate upon an invitation issued by the City.

The City reserves the right to accept any bid or portion thereof, to waive any irregularity, and to take the Bid Proposal(s) under advisement for the period of time of ninety (90) days all as may be required to provide for the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Company/Contractor to whom the award is contemplated. No Bidder may withdraw its Bid Proposal for a period of ninety (90) days after the time set for opening thereof. Contractor shall be required to agree to the terms of the attached (see Appendix I) Draft Landscape Maintenance Services Agreement.

5. TERM/EXTENSION
Unless earlier terminated as provided in the Agreement, the Agreement shall commence upon the effective date of the Agreement and shall continue in full force and effect for a period of five (5) years, commencing on July 1, 2024, and ending on June 30, 2029 (“Initial Term”). The City shall have the unilateral option, at its sole discretion, to renew and extend the term of this Agreement for no more than one additional three (3) year term (“Renewal Option”).

Any extension of the Term pursuant to the Renewal Option shall only be made on the basis of the terms, conditions, requirements and schedule of compensation as provided for in the five-year Initial Term of the Agreement.

6. METHOD OF PAYMENT
The Contractor shall present, for the previous month, a monthly invoice for the contracted monthly amount for regular maintenance for the lump sum price proposed and, separately, for any extra work as preauthorized by Task Order as issued by City. The monthly invoice shall be accompanied with a narrative

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description of all work completed in the preceding month and all other reporting as specified herein as a prerequisite for processing the invoice for payment. Failure to invoice monthly, within 30 days of the last day of the preceding month, then said invoice shall not be due and payable. Payment will be made monthly only after verification of completion of the scheduled work and any extra work. Send monthly invoices to: Director of Public Works, City of Laguna Hills, 24035 El Toro Road, Laguna Hills, CA 92653

7. COMPENSATION
Full compensation for performing all work specified by these specifications and the Agreement shall be considered as included in the lump sum price bid for monthly landscape maintenance and no additional compensation will be allowed therefore.

The general work activities (for a complete list, consult the Special Provisions within these Specifications) included in the monthly lump sum price shall include, but not be limited to, the following work within the Inventory of Landscape Areas (see Appendix II):
a) Daily, weekly, monthly, quarterly, and annual landscape maintenance services of all landscape areas as identified in the Inventory for Landscape Maintenance Areas (see Appendix II). b) Mowing, edging, aerating, raking, de-thatching, fertilizing, of all turf areas on a weekly basis. Fertilization per schedule, as specified and as directed. Sodding, seeding, and topdressing as required. c) Scalping, de-thatching, aerating, raking, fertilizing and over seeding of selective turf areas each fall.
d) Weekly, monthly, or quarterly trimming, weed removal, litter removal, raking, aerating, and fertilizing of ground cover, shrub and landscape areas.
e) Daily cleaning services of playground areas to include blow off of sand from rubber and hard surfaces, sifting of sand for debris, raking of sand, and leaf and litter removal three times per week. f) Removal of trash from all waste receptacles three times per week or as directed.
g) Annual and/or as needed simple trimming of trees by ground personnel with pole prunes as directed.
h) Daily, Weekly and Monthly inspection of landscaping health, soil conditions, turf and landscape conditions, slope conditions and open

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space conditions to include monitoring and reporting of all findings and identifying actions taken to resolve adverse conditions. i) Monthly inspection, maintenance, and irrigation repair of, and reporting on the condition of, all irrigated slopes as identified in the Inventory for Landscape Maintenance Areas (see Appendix II) j) Use of a state-licensed and county certified subcontractor for annual backflow prevention testing, repair, and certification meeting the City’s satisfaction and the standards of the El Toro Water District and Moulton Niguel Water District including the completion of water district forms, coordinating inspections, and performing any and all repairs as required (see Appendix VII).
k) Replacement of color plantings where specified at the Laguna Hills Community Center and Laguna Hills Civic Center up to five (5) times per year as directed.
l) Weekly inspection of all irrigation systems for leaks, head adjustments and worn part replacements including logging and reporting of all findings and identifying actions taken to resolve adverse conditions. Perform all irrigation system repairs and supplying of all necessary parts equal to or better than original parts, except those specified as extra work. Included repairs include the replacement or repair of any irrigation parts (heads, valves, supply lines, laterals, wires, and appurtenances) not fully functioning for any reason with parts approved by City. All repairs to occur within 24 hours of the identification of the needed repair.
m) Annual donation of up to 300 one-gallon plants and 15 fifteen-gallon trees in support of City scheduled volunteer days. Contractor shall also assist with delivering, locating plants/trees and cleaning the planting areas, watering the new plant material and assisting the Parks Supervisor as needed.
n) The unique landscape maintenance requirements of the Community Center and Sports Complex at 25555 Alicia Parkway, Laguna Hills, CA.
o) The unique landscape maintenance requirements of the Cabot Sports Park at the corner of Cabot Road at Rapid Falls Road, Laguna Hills, CA.
p) The unique landscape maintenance requirements of the Civic Center and parkways and median island landscaping along El Toro Road

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from Paseo de Valencia to Avenida de la Carlota and at the Civic Center at 24031/24035 El Toro Road, Laguna Hills, CA.
q) Specialty landscape maintenance of City wetlands and natural habitat areas at 1) northerly side of Alicia Parkway between Via Lomas and Moulton Parkway and at 2) the Oso Pond on the northerly side of Oso Parkway easterly of West Haven Drive.
r) Daily litter and trash removal from landscape areas. s) Monthly litter, trash and weed removal within open spaces adjacent to public landscape areas of Oso Parkway, La Paz Road, and Alicia Parkway.
t) Placement of at least 1,000 yards of mulch per year on bare soil areas as directed.
u) Implementation of the City’s Integrated Pest Management Policy and Implementation Guidelines (see Appendix III), development and submission of the company’s own Integrated Pest Management Program (IPMP) within 30 days of the initiation of the Agreement, meeting the City’s approval, and providing an annual report on the IPMP results.
v) Report park infrastructure problems such as broken benches, clogged drinking fountains, graffiti, sidewalk displacements, etc.. w) Bi-weekly pest control to include gophers and other pests. x) Other items of work as described herein.

All compensation is subject to the monthly deduction of funds as solely determined by the City in accordance with the Landscape Maintenance Services Performance Deficiency Deduction (see below and Appendix IV).

8. TASK ORDER FOR EXTRA WORK
No extra work shall be performed without the City issuance of a Task Order authorizing the work. The following procedure will govern such extra work.

1. Extra work shall not be initiated without written authorization as represented by a Task Order except if the City Parks Supervisor identifies a time sensitive emergency that if not immediately addressed would potentially expose the public to an adverse safety condition or incur a substantial cost impact by a delay in action. Otherwise, work performed prior to written authorization shall not be paid.

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2. Work will be executed in a timely manner meeting the approval of the City Park Supervisor on a Unit Price basis, an agreed lump sum price or time and material basis as defined in the Task Order.

3. Extra work shall only include the following as solely determined by City to be Extra Work:
a. Replacement of new plant materials due to “acts of nature” outside of the Contractor’s control.
b. Replacement of entire irrigation systems when said systems are deemed obsolete or of a certain size and scope as defined herein. c. Additional treatment required of soil for unusual conditions to meet planting requirements.
d. Soil or plant testing above the frequency required in these Specifications.
e. Repair of irrigation mainlines located under the vehicular travel way pavement of public streets.
f. New work in areas not currently included in the landscape maintenance areas.
g. Replacement or repair of irrigation controllers.
h. Replacement or repair of booster pumps.
i. Repair of irrigation main lines of 3” diameter size and above, master valves, and flow sensors.
j. Development of irrigation system schematic plans for areas determined to not have record plans in City files.

4. Materials cost shall be the actual cost plus 15% for handling of materials purchased by the Contractor and used for the extra work, including sales taxes, freight and delivery charges. The City reserves the right to directly purchase materials for the Contractor’s use.

5. Equipment rental costs for extra work on an hourly or daily basis, if any, shall include full compensation including move-in and/or move-out charges and the operator and no additional compensation will be allowed. All equipment shall be in good working order and be suitable for its purpose.

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6. Notwithstanding the above clauses, the City shall have no obligation to utilize the Contractor for extra work and may use other forces as deemed appropriate by the City without any effect on the Agreement.

9. PREVAILING WAGES
The Agreement includes the following provision regarding Prevailing Wages:
“Contractor is required to know and comply with 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. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to 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.”
Except for any work or services that are considered to be cleaning, custodial, and janitorial in nature, the City has determined that the work or services contemplated herein are Public Works as defined in the State of California Labor Code, therefore such work or services shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). The prevailing wages applicable to this procurement are available on the DIR web page at www.dir.ca.gov. It is the Bidders’ sole responsibility to incorporate the cost of complying with all prevailing wage and labor compliance requirements and all applicable laws for this Project.

The successful Bidder and its subcontractors of any tier, if any, shall maintain active registration with DIR, as appropriate, for the duration of this Project.

Additional Prevailing Wage requirements are set forth in more detail as terms and conditions in the attached (Appendix I) draft Landscape Maintenance Services Agreement.

10. ANTI-KICKBACK AND WORK STANDARDS
The Contractor shall comply with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). The Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C., 327-330) as supplemented by the Department of Labor Regulations (29 CFR, Part 5). Section 103 requires the Contractor to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and the standard workweek of forty (40) hours.

Work in excess of the standard workday or workweek is permissible provided that

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the worker is compensated at a rate of not less than one and one half (1-1/2) times the basic rate of pay for all hours worked in excess of 8 hours in any calendar day or 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor.

11. EMERGENCY NUMBERS
The Company/Contractor shall furnish the City with toll-free emergency telephone numbers which can be called 24 hours a day during emergency conditions. The Contractor shall make available personnel to respond to calls to alleviate emergency situations should they arise. Personnel shall be at the site of the emergency and shall initiate remedial action within two (2) hours from time of notification of emergency situations. An answering service is not adequate for emergency calls.

12. LICENSES
The Contractor shall have and maintain a State of California Contractor’s License as appropriate for the work for the duration of these services. Additionally, Contractor shall have and maintain additional licenses as required by any governmental regulation for any other regulated work. There is no City Business License requirement.

13. DRESS CODE AND APPEARANCE
The Company/Contractor shall be required to provide uniforms for personnel assigned to the Project, meeting the City’s approval. Sufficient clothing changes shall be provided to personnel to always present a neat and clean appearance of the landscape maintenance personnel at all times. All employees working in or around right-of-way must wear reflective safety vests meeting ANSI/ISEA 107- 2020 Class 3 Standards and, as appropriate, safety helmets, safety goggles, and other safety gear.

14. INTERACTION WITH PUBLIC
All of the personnel shall exhibit and practice courteous and ethical behavior during all times of the Agreement and during all interactions with the public to the City’s satisfaction. All personnel shall be capable of basic communication skills in the English language. Any personnel deemed not meeting the City’s standards shall be promptly removed from the Project.

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15. THE CITY’S RIGHT TO DO WORK
The City reserves the right to do work as required within any landscape area. If such alterations affect the provision of the Agreement, the Contractor shall submit a cost reduction to the Agreement resulting from the new work.

16. CITY LIAISON
The City representative and/or City Park Supervisor, and the Contractor’s Supervisor will meet on a weekly basis, or more frequently if the City so desires.

The purpose of this meeting will be to discuss general and specific status of landscape maintenance. More frequent contact may be required between the City’s Park Supervisor and the Contractor’s Supervisor separately from these meetings.

17. REVIEW OF PROJECT SERVICES
Upon request, the Contractor or their representative will walk the Project with the City representative, or the Park Supervisor, for the purpose of determining compliance with the Specification or to discuss required work.

18. SUBSTITUTIONS
Wherever a specific type of material is specified, no substitutions shall be allowed without the written consent of the City Park Supervisor.

19. SOILS AND PLANT TESTING
Contractor shall have performed soil agronomy tests through an agency approved by the City for up to ten (10) landscape areas per year as an included cost within the Base Bid of the Agreement. Additionally, the City may require soil or plant tests of selected areas for soil fertility, salt buildup, or pathological organisms. These tests will be used to determine whether additional treatments are required. Tests to be performed by Contractor under City Park Supervisor’s direction. The cost for this service is deemed included in the Base Bid Lump Sum Price Proposal.

20. SPECIFICATIONS AND PLANS
The work performed shall be done in accordance with the General Provisions and Special Provisions. As needed, the work will follow the Standard Specifications for Public Works Construction, latest edition, hereinafter referred to as the Standard Specifications. In case of conflict between the Standard Specifications and the City Specifications, the City Specifications shall take precedence over and be used in lieu of such conflicting portions.

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Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the Agreement.

21. WORK NOT INCLUDED
The following work is not included in the monthly lump sum price for landscape maintenance services: graffiti removal; restroom janitorial service; water feature maintenance; lighting maintenance; fence or rail repairs; concrete, asphalt, or rubber surface repairs; and major tree trimming requiring in-tree personnel or bucket trucks, and processing of water and electrical utility billings.

22. COMMUNICATIONS
In addition to emergency telephone access and weekly meetings, Contractor shall maintain standard office contact methods including telephone, facsimile machine, and U.S. mail. Contractor shall maintain and utilize an email account specific to the City of Laguna Hills. Email shall be the routine communication media for submission of documents, requests, work orders, reports, etc.

23. SCHEDULING OF OPERATIONS/HOLIDAYS
The Contractor shall perform its work at such time as to minimize disturbance or interference to resident convenience, pedestrian or vehicle circulation. Examples of such disturbances include early morning mowing or irrigation checks, etc. The Contractor shall submit a Maintenance Schedule Chart describing maintenance operations and when work and applications of fertilizers and pest control products will be accomplished. The schedule shall be subject to approval and change by the City and shall be submitted prior to starting any maintenance operations.

The Contractor shall provide Landscape Maintenance Services on a seven day per week, 365 day per year, basis for the work as specified herein. Except as specified for the Community Center and Sports Complex, the Contractor is not required to perform work on the following days:
• New Year’s Day
• Labor Day
• Thanksgiving Day
• Christmas Day
Contractor shall provide special services for the following City events: Volunteer Planting Days (four events typically held on Saturdays), Memorial Day Half Marathon (held on Memorial Day), Heritage Day (held once per year typically on a Saturday), the July 4th Fireworks Show (held on July 4th), and up to an additional two events held on a Saturday or Sunday. The special services shall include dedicated staffing for irrigation control, litter and debris removal, set-up and tearPage 142 of 352 GP-13
down of chairs, tables and pop-up canopy tents, emptying of waste receptacles, and restoring damaged landscape as a result of these events (See Special Provisions).

24. REPORTS AND SCHEDULES
The Contractor, as part of the Agreement, shall submit reports and schedules on a monthly basis as a pre-requisite for the submission of the Contractor’s monthly request for compensation. Such reports shall include, but are not limited to, the following:

1. The results of the daily, weekly and monthly inspection of the Inventory of Landscape Maintenance Areas landscaping health, soil conditions, turf and shrubs condition, slope conditions, open space conditions and irrigation system conditions including actions taken to resolve adverse findings, planned work to address adverse findings and recommendations to resolve findings not included in the Project.

2. Reports of work planned in the next 30-day period.

3. Any proposals in response to City issued Task Orders or information requests.

4. Irrigation Maintenance Report.

5. Annual Integrated Pest Management evaluation report.

25. SUPERVISION AND SPECIAL SKILLS
The Contractor shall assign a supervisor full-time (40 hours per week) within the City limits of the City of Laguna Hills, working regular working hours for the duration of this Contract. A designate foreperson shall be provided for weekend work.

Supervisors shall have a minimum of five (5) years’ experience in landscape maintenance supervision. The Supervisor and staff shall have expertise and experience in turf management, entomology, pest control, soils, fertilizers, plant identification, park facilities, sports field management, synthetic turf maintenance and irrigation system maintenance. Supervisor shall be capable of communicating effectively both in written and spoken English and background must include experience in Public Works projects of the type found in the City of Laguna Hills.

The Supervisor or any member of staff determined by the City Park Supervisor not effectively meeting or exceeding the aforementioned requirements are to be replaced immediately upon request.

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26. PROTECTION OF PROPERTY AND PERFORMANCE DURING INCLEMENT

WEATHER

1. During periods of storms, the Contractor shall provide inspection of the Project during regular hours to identify and address possible damage from inclement weather. The Contractor shall submit a report identifying any storm damage to the City’s representative attached to a site map identifying location of damage and a cost estimate to repair/replace.

2. During periods when inclement weather hinders normal operations, the Contractor shall adjust its work force in order to accomplish those activities that are not affected by weather. However, most personnel shall be on site and perform work during inclement weather.

3. All drainage systems shall be patrolled and kept clear of debris. Gravel bags, straw wattles, silt fences, and similar erosion control devices shall be installed as needed or as directed to reduce erosion and control sediment transport. See Appendix V for Best Management Practices to be utilized by the Contractor.

4. Contractor shall be responsible for removing water from all playground areas, the removal of minor silt and debris from sports fields and perimeter areas, and keeping all drainage facilities clear and in operating condition.

27. PROTECTION OF EXISTING FACILITIES AND STRUCTURES
The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities both above ground and underground on the City’s property. Any damage to City property deemed by City to be caused by the Contractor’s neglect shall be corrected or paid for by the Contractor at no cost to the City. The requirement below to contact Underground Service Alert 48 hours prior to excavating shall not relieve the Contractor of the above-stated obligation.

If the City requests or directs the Contractor to perform work in a given area, it will be the Contractor’s responsibility to verify and locate any underground systems, i.e., utility lines. This does not release the Contractor of the responsibility for taking reasonable precaution when working in these areas. Any damage or problems shall be reported immediately to the City.

1. Utility Requirement
The Contractor is advised of the existence of the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the locations of their substructures in the construction area when the Contractor gives at least a 48 hour notice to the Underground Service

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Alert by calling (800) 422-4133. Contractor shall provide the agency with proof of contact with USA upon request.

The Contractor shall notify the following agencies at least 48 hours in advance of excavating around any of their structures using a list of contacts provided by the City: AT&T, Orange County Transportation Authority, Southern California Edison, San Diego Gas & Electric, El Toro Water District, Moulton-Niguel Water District, Santa Margarita Water District, Southern California Gas Company, the City’s franchise waste hauler, Saddleback Valley Unified School District, Cox Communications
The Contractor shall exercise extreme care to protect all existing utilities in place whether shown on the plans or not, and shall assume full responsibility for all damage resulting from its operations. The Contractor shall coordinate with each utility company as to the requirements and methods for protection of their facilities during the construction period, and shall be responsible for preparation and processing of any required plans or permits. The Contractor shall assume full responsibility to maintain uninterrupted service for all utilities.

2. Safety Orders
The Contractor shall comply with the provisions of any Agency ordinances or regulations, State Laws, and Federal Regulations regarding requirements for the protection of excavations and the nature of such protection.

In accordance with Section 6500 of the Labor Code, the Contractor is required to obtain a permit from the Division of Industrial Safety for any trench or excavation of five feet or more in depth and into which a person is required to descend.

Prior to beginning of excavations requiring shoring, the Contractor shall provide the design of the shoring system as prepared by a licensed civil engineer and designate in writing to the Engineer someone whose responsibility it is to supervise the Project safety measures and someone whose responsibility it is to supervise the installation and removal of sheeting, shoring, and bracing. In addition to shoring the excavations in accordance with the minimum requirements of Industrial Safety Orders, it shall be the Contractor’s responsibility to provide any and all additional shoring required to support the sides of the excavation against the effects of load which may exceed those desired by using the criteria set forth in the Industrial Safety Orders. The Contractor shall be solely responsible for construction safety and for any damages which may result from its failure to provide adequate shoring of the excavation under any and all of the conditions of loading which may exist or which may arise during construction of the Project.

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28. CONTRACTOR NEGLECT
Any damage to City or private property, including loss of plant material, which has been determined by the City to be due to the Contractor’s neglect or actions, shall be corrected by the Contractor at no additional cost to the City.

29. SAFETY
Contractor shall be solely responsible for providing a safe work place, and compliance with current standards and regulations of the Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), and any other applicable governmental law.

30. CONSTRUCTION EQUIPMENT
The Contractor shall take all necessary precautions for safe operation of its equipment and the protection of the public from injury and damage from such equipment. All equipment deemed by City Park Supervisor to be in disrepair or unsatisfactory, shall be repaired or replaced immediately.

31. TRAFFIC CONTROL
The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make its own arrangements relative to keeping the working area clear of vehicles. When entering or leaving roadways carrying public traffic, the Contractor’s equipment, whether empty or loaded, shall in all cases yield to public traffic.

The Contractor shall make every effort to keep commercial driveways open during working hours. After working hours, all driveways shall be accessible with smooth and safe crossings through the construction area.

The Contractor shall have prepared by a licensed civil engineer or traffic engineer a Traffic Control Plan in accordance with the Caltrans Traffic Manual and the Work Area Traffic Control Handbook prior to implementing any lane closures. The Traffic Control Plans shall be submitted to the City for review prior to use. Special attention shall be made to protecting and maintaining bicycle lanes. Should any lanes need to be closed to facilitate maintenance operations, Contractor shall minimize this occurrence and post notices as required.

32. NOISE CONTROL REQUIREMENTS
The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances which apply to any work performed pursuant to the Contract. Operations and equipment producing noise are restricted to the hours of 7:00 a.m. to 4:00 p.m. It is the responsibility of the Contractor to become familiar

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with all local sound control and noise level rules, regulations, and ordinances.

Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the Project without said muffler.

33. WATER QUALITY AND CONSERVATION
Contractor shall be familiar with and comply with all provisions of the National Pollution Discharge Elimination System as implemented by City and via permits issued by the Santa Ana or San Diego Regional Water Quality Control Boards.

Contractor shall comply with Best Management Practices (see Appendix V).

Contractor shall be familiar with and comply with all water conservation requirements of the Moulton Niguel Water District and El Toro Water District.

Contractor shall be responsible for the payment of any fines levied upon the City for failure to comply with these requirements including but not limited to overuse of irrigation water.

34. PERFORMANCE DEFICIENCY DEDUCTION
All compensation is subject to the monthly deduction of funds as solely determined by the City in accordance with the Landscape Maintenance Services Performance Deficiency Deduction form and rates (see Appendix IV). In addition to the deficiency deduction, Contractor shall immediately address the issue noted as being deficient and shall put in place steps to avoid the circumstance from reoccurring.
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CITY OF LAGUNA HILLS

BID PROPOSAL FOR

CITYWIDE LANDSCAPE MAINTENANCE SERVICES
Proposal Submission Requirements
Bidder shall submit the following documents as a part of the submission of the Bid Proposal:

1. A cover letter on Company stationery including the following:
a) An expressed statement of interest in providing services to City for the Project
b) A statement expressing that the Company will provide the full Scope of Services described in the Notice Inviting Bids and Specifications
c) A statement of the Company expressing its willingness and ability to sign and comply with the Sample Draft Citywide Landscape Maintenance Services Agreement
d) A brief statement of the Company’s experience which makes them qualified for the Project.

2. Up to ten additional sheets of information identifying:
a) The qualifications of the Company
b) The qualifications of the management staff
c) Brief biographies/résumés of key personnel
d) Letters of Recommendation from current or former clients e) Company experience with similar services provided to public agencies

3. A statement and documentation of the Company’s financial condition.

4. A proposed Schedule of Performance.

5. An inventory of the Bidder’s equipment (excluding hand tools).

6. Any additional information the Bidder would like considered for determination of the Best Qualified Vendor.

7. All the following Bid Proposal pages.

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BIDDER’S NAME:

CITY OF LAGUNA HILLS

BID PROPOSAL FOR

CITYWIDE LANDSCAPE MAINTENANCE SERVICES
TO CITY OF LAGUNA HILLS:

The undersigned CONTRACTOR hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated Project as set forth in the Notice Inviting Bids, Specifications, and Maintenance Services Agreement therefore, and to perform all work in the manner and time prescribed therein.

CONTRACTOR declares that this Bid Proposal is based upon careful examination of the work site, Notice Inviting Bids, Specifications, and Sample Draft Citywide Landscape Maintenance Services Agreement. If this Bid Proposal is accepted for award, CONTRACTOR agrees to enter into the attached Draft Maintenance Services Agreement with City at the unit and/or lump sum prices set forth in the following Proposal Bid Sheets.

CONTRACTOR understands that a bid is required for the entire work, that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing proposal(s), and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.

CONTRACTOR agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workman’s compensation or to undertake self-insurance in accordance with the provisions of that code, and that the CONTRACTOR will comply with such provisions of that code before commencing the performance of this Contract if awarded to it.

CONTRACTOR certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

CONTRACTOR declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.

CONTRACTOR acknowledges that it is the City’s intention to award a Citywide Landscape Maintenance Services Agreement for a period commencing on July 1, 2024.

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CONTRACTOR acknowledges that the scope and units of work on the Proposal Bid Sheets are approximate descriptions and estimates of work to be performed on an annual basis during the term of this Project, that the work shall only be performed on an asneeded, on-call individual Task Order basis only and no quantity of work or payment to Contractor is guaranteed to be authorized or granted by the City.

CONTRACTOR’S NAME:__________________________DATE______________2024 CONTRACTOR’S ADDRESS:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ BY
TITLE

(Signature)

PHONE ( ) BY
TITLE

(Signature)
Signatures to be Notarized,
Attach ACKNOWLEDGMENT
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CONTRACTOR’S INFORMATION
CONTRACTOR certifies that the following information is true and correct:

Contractor Name________________________________________________________ Business Address_____________________________________________________ FAX No. (___)_____________ Telephone (___)_____________ E-Mail address:

State Contractor’s License No. and Class __________________________________ Original Date Issued_________________Expiration Date_____________________ Years this Company has been in the Maintenance Business _________________ The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal:

The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:

All current and prior DBA’s, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:

BY____________________
(Print Name)

____________________
(Signature)
TITLE _____________________
DATE _____________________
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BIDDER’S NAME:

REFERENCES
The following are the names, addresses, and phone numbers for three public agencies for which CONTRACTOR has current contracts for maintenance services:

1. Agency: _______________________________________________________ Address: _______________________________________________________ Telephone: _____________________________________________________ Primary Contact Person/Title: _______________________________________ Years of service with this Agency: _______ Type of Work: __________________ Term of Agreement: _______________ Expiration Date: __________________

2. Agency: _______________________________________________________ Address: _______________________________________________________ Telephone: _____________________________________________________ Primary Contact Person/Title: _______________________________________ Years of service with this Agency: _______ Type of Work: __________________ Term of Agreement: _______________ Expiration Date: __________________

3. Agency: _______________________________________________________ Address: _______________________________________________________ Telephone: _____________________________________________________ Primary Contact Person/Title: _______________________________________ Years of service with this Agency: ________ Type of Work: _________________ Term of Agreement: _______________ Expiration Date: __________________ Continued next page

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BIDDER’S NAME: ___________________

NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY CONTRACTOR AND

SUBMITTED WITH BID

STATE OF CALIFORNIA )
) SS

COUNTY OF )
_________________________________________, being first duly sworn, deposes and says that he or she is _____________________________________________of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, Contractor association, organization, or corporation; that such bid is genuine and not collusive or sham; that the Contractor has not directly or indirectly induced or solicited any other Contractor to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Contractor or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Contractor has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Contractor or any other Contractor, or to fix any overhead, profit, or cost element of the bid price, or of that of any other, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the Contractor has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agency thereof to effectuate a collusive or sham bid.

Signed
_________________________
_________________________
Name (print)

Title

Date
Signatures to be Notarized,
Attach ACKNOWLEDGMENT
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BIDDER’S NAME___________________

CITY OF LAGUNA HILLS

PROPOSAL BID SHEETS FOR

CITYWIDE LANDSCAPE MAINTENANCE SERVICES

BASE BID
Citywide Landscape Maintenance Services Monthly Cost $___________/month X 12 months
= Annual Cost Base Bid $______________
Total Annual Cost Bid in Words:
___________________________________________________DOLLARS and ____CENTS For internal accounting purposes, please identify the monthly cost, included in the bid above, for the Civic Center Landscape Maintenance Services: $___________/month **************************************************************************************************** /
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BIDDER’S NAME___________________

CITY OF LAGUNA HILLS

PROPOSAL BID SHEETS FOR

CITYWIDE LANDSCAPE MAINTENANCE SERVICES

CONTINUED

UNIT PRICES BID
a) General Landscape Maintenance $_________/acre/month
b) General Turf Maintenance $_________/acre/month
c) General labor $_________/hr
d) Foreman labor $_________/hr
e) Stakebed truck $_________/hr
f) Turf Fertilization $_________/acre
g) Turf Aerification $_________/acre
h) Turf Dethatching and Over seeding $_________/acre
i) Turf Sod removal $_________/square foot
j) Turf Sod installation $_________/square foot
k) Annual Color (4”) provided and installed $_________/ per flat l) Perennial (4”) provided and installed $_________/ per flat m) Ground Cover Flats provided and installed $_________/each n) One (1) Gallon plant provided and installed $_________/each o) One (1) Gallon vine provided and installed $_________ /each p) Five (5) Gallon shrub provided and installed $__________/each q) Five (5) Gallon Vine provided and installed $__________/each r) Fifteen (15) Gallon shrub provided and installed $__________/each

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s) Fifteen (15) Gallon tree provided and installed including tree stakes and (2) VIT Twist-Brace 24” $__________/each
t) 24-inch Box tree provided and installed including tree stakes and (2) VIT TwistBrace 24” $__________/each u) 36-inch Box tree provided and installed $__________/each v) Mulch provided and installed $__________/cubic yard
w) Straw Wattle $__________/linear foot
x) Hunter 1-40 Pop Up $__________/each
y) Hunter 1-25 Pop Up $__________/each
z) Hunter 1-20 Pop Up $__________/each
aa)Rain Bird 1804 SAM PRS W/ VAN Nozzle $__________/each bb)Rain Bird 1806 SAM PRS W/ VAN Nozzle $__________/each cc) Rain Bird 1812 SAM PRS W/ VAN Nozzle $__________/each dd)Rain Bird 100EFB-CP 1” Brass Valve $__________/each
ee) Rain Bird 150EFB-CP 1.5” Brass Valve $__________/each ff) Rain Bird 200EFB-CP 2” Brass Valve 10 $__________/each gg)Rectangular RCV Box W/ Lid $__________/each
hh)Plastic/ Round QCV Box W/ Lid $__________/each
ii) Rain Bird 1" Valve Replacement Diaphragm $__________/each jj) Rain Bird 1-1/2" Valve Replacement Diaphragm $__________/each kk) Rain Bird RCV Replacement Solenoid $__________/each ll) Soil Test Each $__________/each
mm) Mechanical Trenching LF 1,000 $__________/each
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BIDDER’S NAME___________________

CITY OF LAGUNA HILLS

PROPOSAL BID SHEETS FOR

CITYWIDE LANDSCAPE MAINTENANCE SERVICES

CONTINUED

PERSONNEL
In addition to one superintendent and two irrigation specialists to be provided on a daily basis for this Project, and in addition to occasional specialty workers or subcontractors, Bidder shall provide the following minimum daily personnel count for this Project and state the number of personnel committed to this Project:

Staff Minimum Requirement Bidder’s Proposal
Superintendent 1 _____
Forepersons 2 _____
Laborers 25 _____
Irrigation specialists 2 _____
Pest Control Specialist 1 (one day every other week) _____ Minimum Required Staff 31 Total Bidder’s Staff _____
The above labor summary is deemed to include a dedicated two-person crew for daily maintenance of the Community Center and Sports Complex as specified.

Said crew shall provide five days per week service at the complex. In addition, one laborer shall be provided for all weekends and holidays (except for the four holidays listed above) resulting in seven days per week service at this location.

To insure the Contractor provides a satisfactory level of performance, the City may require more manpower to be provided at any time depending on the Contractor’s ability to perform all work efficiently and according to all specifications. Any adjustments to manpower must occur immediately when requested by the City Representative at no additional cost.

EQUIPMENT INVENTORY
Contractor shall provide, as a separate attachment, the model, make and year of the primary equipment proposed to be used on this Project. Do not list hand tools.

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CITY OF LAGUNA HILLS

PROPOSAL BID SHEETS FOR

CITYWIDE LANDSCAPE MAINTENANCE SERVICES

CONTINUED

BID PROPOSAL
IN WITNESS WHEREOF, Contractor executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this ______day of ___________, 2024.

NOTE: CONTRACTOR MAY, AT THEIR SOLE DISCRETION, PROVIDE A LISTING

AND DESCRIPTION OF ADDITIONAL SERVICES THEY OFFER, ADDITIONAL

REFERENCES, AND ADDITIONAL COMPANY INFORMATION DESCRIBING THEIR

UNIQUE QUALIFICATIONS TO AID THE CITY IN DETERMING THE BEST QUALIFIED VENDOR BY ATTACHING UP TO 10 ADDITIONAL PAGES TO THIS BID PROPOSAL.

CITY MAY UTILIZE THIS INFORMATION IN ITS EVALUATION OF THE “BEST QUALIFIED VENDOR” IN ACCORDANCE WITH LHMC 3-08.090 and 3-080.100.

CONTRACTOR NAME: __________________________

By __________________________
Print
__________________________
Signature

___________________________
Title
Signatures to be Notarized,
Attach ACKNOWLEDGMENT

SP-1

CITY OF LAGUNA HILLS

SCOPE OF WORK

SPECIAL PROVISIONS
FOR

CITYWIDE LANDSCAPE MAINTENANCE SERVICES
A. GENERAL
The Notice Inviting Bids, Information for Bidders, Proposal, General Provisions, Special Provisions, all Appendices and the Sample Draft Landscape Maintenance Services Agreement establish the standards and specifications (hereinafter “specifications”) for landscape maintenance of specified areas for the City of Laguna Hills.

The Contractor shall furnish all labor, equipment, materials, tools, services, and special skills required to perform the landscape maintenance, as set forth in this specification, and in keeping with the highest standards of quality and performance for the lump sum price proposal.

Maintenance of the landscape areas listed on the Inventory for Landscape Maintenance Areas (see Appendix II) shall include all-inclusive citywide landscape maintenance services, including, but not limited to, daily inspection and landscape maintenance of cutting, trimming, mowing, edging, raking, and weed control of landscape areas of turf, ground cover, shrubs, trees, slopes and open spaces, cleaning of playground areas, litter and trash removal, simple tree trimming, planting, irrigation system maintenance and repair, backflow prevention testing, inspection, maintenance, irrigation repair and reporting on specified irrigated slopes, specialized sports field maintenance, synthetic turf maintenance and integrated pest management of landscape areas, on an ongoing basis (the “Project”) in accordance with a Base Bid and/or any combination of Alternate Bids.

The Contractor shall also have maintenance personnel working in the City on inclement weather days emptying waste containers, cleaning debris, picking up branches, cleaning storm drain grates and inlets, working on erosion control, and related work.

The Contractor shall submit an Annual Maintenance Schedule Chart and Calendar for scheduling of the daily, weekly, monthly, bi-monthly, quarterly and annual maintenance operations which include, but are not limited to: daily inspection and landscape maintenance of cutting, trimming, mowing, edging, raking, and weed control of landscape areas of turf, ground cover, shrubs, trees, slopes and open spaces, cleaning of playground areas, litter and trash removal, simple tree trimming, planting, irrigation system maintenance and repair, backflow prevention testing, inspection, maintenance, irrigation repair and reporting on specified irrigated slopes, specialized sports field maintenance, synthetic turf maintenance

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and integrated pest management of landscape areas for review and approval of the City.

B. TURF AREAS MAINTENANCE SPECIFICATION

1. Watering: A regular, deep watering program shall be accomplished to give the best horticultural results. The established turf should not be kept moist but should dry out somewhat between watering. Allow turf to dry out before mowing. Establish and provide a written irrigation schedule for every controller by location and use. Comply with any water district-issued water conservation mandate.

2. Fertilizing: Apply fertilizers to provide sufficient nitrogen and other basic nutrients regularly but not less than a minimum of four (4) times per year to keep the turf in a healthy condition. Fertilizer will be applied as often as required to maintain a deep green color or at the direction of the City Parks Supervisor. Fertilizer shall be applied at the manufacturer’s recommended rate. The type of turf and time of year will determine the type of fertilizers used. The frequency of application will greatly depend on the amount of leaching caused by scheduled water use. All fertilizer shall be cleaned off of hardscape after the application. The type of fertilizer used and frequency applied will be indicated on the Annual Fertilization Schedule (See Appendix VI). The contractor shall submit an annual report of fertilization use. All empty fertilizer bags that were used in that day’s operations will be placed in the maintenance room of the Community Center for the City Parks Supervisor to collect and verify the amount used.

3. Aeration: Mechanically aerate all turf areas as often as required by the City Parks Supervisor, and in no event less than two (2) times per year, to reduce compaction/stress condition, which will offer greater water penetration and reduce runoff. In those areas where soil conditions are poor, the Contractor shall implement soil conditioning at no additional cost. Use a plug aerator with 3/4” tines. Any areas that show excessive compaction shall receive additional treatment as required to alleviate this condition. Remove sod plugs. The scheduling of aeration will be recorded on the Maintenance Schedule Chart.

4. Mowing: All turf areas shall be mowed weekly except during inclement weather as approved by the City Parks Supervisor. Cut cool season turfgrass 3” during warm season and reduce to 2” during winter or cooler seasons. In warm seasons, common Bermuda shall be mowed to not exceed 1”, hybrid Bermuda ½” to ¾”. Avoid removing more than one-half of the leaf area blade at any one time. Use rotary or reel-type mowers where applicable with sharp blades. Care shall be exercised during the mowing operation to prevent damage to trees and other obstacles located within the turf areas such as electrical boxes or fixtures. Remove or catch

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the clippings. The contractor may use the City green waste facility for the placement of debris. Do not mow wet areas. Alternate mowing patterns to prevent wheel ruts. If ruts are made, the Contractor will make repairs at their own expense. It is the mow crew’s responsibility to report any turf problems to the contract supervisor, who will inform the City Parks Supervisor. Clean blades of mower after each use to limit the spread of weed seeds from mower blades.

5. Trimming and Edging: Trim around trees, walls, buildings, curbs, sidewalks, header boards, and paved areas on a weekly basis to present a neat, clean appearance. Protect all tree trunks from damage from the trimming operation. All trees in turf and tree wells shall be weeded mechanically to create and maintain a three (3) feet diameter of bare dirt at the base of the tree. Apply mulch to tree wells at no additional cost. Trimming and edging also includes all sidewalk/gutter hardscape adjacent to landscaped areas.

6. Thatching: Thatch all turf areas once per year, September through October, at a time when there will be the least amount of stress to turf, in the fall (prior to overseeding). Thatching will be per the following methods:

Step 1: Dethatch the entire area. Dethatch twice in parallel directions.

Pick up debris at the completion of this operation.

Step 2: Aerify the entire area with an aerifier with 3/4” tines.

Step 3: Fertilize with 19-0-19 w/.25% Dimension

7. Overseeding: A portion of the City’s turf inventory shall be overseeded each year. Contractor shall overseed up to 11 acres of turf with annual winter rye grass at 12 lbs/1,000 sq. ft. at no additional cost. Coordinate with the City Parks Supervisor for locations. Adjust irrigation as needed.

8. Refurbishment: Turf areas that thin out due to the shading effect of trees, structures, weeding, or pests shall be reseeded by the Contractor with an approved shade-tolerant grass seed to restore thinning areas at no additional cost.

9. Inspection: Perform weekly inspection of turf areas for health conditions of the plant material and soils and operating condition of the irrigation system.

C. SHRUBS MAINTENANCE SPECIFICATIONS

1. Shrubs shall be pruned as required for safety, removal of broken or diseased branches, general containment, or appearance.

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2. Prune shrubs to retain as much of the natural informal appearance as possible, consistent with the intended use.

3. Shrubs used as formal hedges for screens shall be pruned as required to present a neat appearance without a sheared appearance.

4. Remove any spent blossoms or dead flower stocks as required to present a neat, clean appearance.

5. Shrubs in median islands shall be maintained at a height of eighteen inches (18”) or less to maintain line-of-sight clearance for traffic.

6. All shrubs will be pruned 2 ft. from structures or fencing

7. Shrubs adjacent to walkways or in median islands shall be pruned at a 45° angle to allow irrigation to work properly

8. Inspection: Perform weekly inspection of shrub beds for health conditions of the plant material and soils and operating condition of the irrigation system.

D. VINES MAINTENANCE SPECIFICATIONS

1. Vines and espalier plants shall be checked and retied as required. Secure vines with appropriate ties to promote directional growth on supports.

2. Do not use nails to secure vines on masonry walls.

3. For vine pockets not equipped with irrigation, hand water as required to promote optimum growth.

4. Pruning of vines will be in accordance with good horticultural practices.

5. Vines and screening plants higher than the reach of the worker will require a ladder to complete the pruning. Unintentional overhanging plant material is not acceptable.

6. Inspection: Perform weekly inspection of vine beds for health conditions of the plant material and soils and operating condition of the irrigation system.

E. GROUND COVER MAINTENANCE SPECIFICATIONS

1. Trim ground cover adjacent to walk, walls and/or fences as required for general containment to present a neat, clean appearance. Edge trimming may be required weekly or monthly as directed dependent upon plant

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material and location. Trimming of ground cover will include maintaining height below sprinkler heads for a distance of three feet.

2. Remove and control all weeds on an ongoing basis. Weeds shall be controlled and not allowed to reach an objectionable height as determined by the City. Contractor may apply mulch as a weed control at their option and cost. Weeds found within ground cover shall be hand removed or chemically removed.

3. Prevent soil compaction by cultivating regularly all ground covered areas.

4. Any paper or litter that accumulates in ground cover areas shall be picked up a minimum of once per week, regardless of the maintenance schedule.

5. Keep ground cover trimmed back from all controller units, valve boxes, quick couplers, or other appurtenances or fixtures. Do not allow ground covers to grow up trees, into shrubs, or on structures or walls. Keep trimmed back approximately two feet from structures or walls.

6. All ground cover areas will receive sufficient applications of snail bait at the rate necessary to control the spread of snails. This should be done in September.

7. Bare soil areas shall be cultivated monthly.

8. Fertilization: Apply fertilizer to slopes and all ground cover areas with a slow-release commercial fertilizer at a minimum of four times per year and as often as required for good horticultural practices and to promote a healthy appearance as solely determined by the City Parks Supervisor.

Water thoroughly to prevent burning.

9. Inspection: Perform monthly inspection of ground cover beds for health conditions of the plant material and soils and for the operating condition of the irrigation system.

F. TREE MAINTENANCE SPECIFICATIONS

1. Trees within maintained landscaped areas shall be pruned by ground-level personnel as required to remove broken or diseased branches, or for safety.

It shall be the Contractor’s prime responsibility related to pruning to conduct a pruning program that will ultimately develop proper tree scaffolding, strength, or appearance consistent with the intended use.

2. Prune trees to allow eight-foot (8’) clearance for pedestrians and fifteen feet (15’) clearance above curb gutter and horse trails.

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3. Topping trees is prohibited. Crown reductions shall only occur with the specific approval of the City Parks Supervisor. Pruning shall be done by those experienced and skilled in pruning techniques. All cuts shall be done using proper horticultural practices. Dressing wounds will not be allowed.

4. Tree stakes, ties, and guys shall be checked at least monthly and corrected as needed. Ties will be adjusted to prevent girdling. Use 8 ft round lodge pole stakes for 15-gallon tree. Lodge poles must be pounded into the ground at least 18” for proper stability. Tree ties shall be VIT Twist Ties 24” Remove unneeded stakes, ties, and guys as directed. Replace broken stakes as required at no additional cost.

5. Tools used to prune diseased wood must be properly disinfected before further work is done.

6. Perform minor tree surgery as required.

7. Fertilizer shall be applied as often as required to keep trees in healthy and desirable condition. Avoid applying fertilizer to the root ball or base of the main stem, rather, spread evenly in the area of the drip zone. Use a wellbalanced commercial fertilizer.

8. Ailing or stunted trees that fail to meet expected growth will receive additional treatments to correct any deficiencies or will be removed as directed by the City Parks Supervisor.

9. Surface roots that become maintenance or appearance problems will be removed as required to prevent damage to adjacent paved areas.

Coordinate with the City Parks Supervisor.

10. Under no circumstances will stripping of lower branches (raising up) of young trees be permitted. Lower branches shall be retained in a “tipped back” or pinched condition with as much foliage as possible to promote caliper-retained growth (tapered trunk). Lower branches can be cut flush with the trunk only after the tree is able to stand erect without staking or other support.

11. Perform monthly pumping of drain pipes at palm tree planters following inclement weather.

12. Inspection: Perform monthly inspection of trees for health conditions of the trees and soils and operating condition of the irrigation system.

13. Tree planting shall follow planting specification: Trees must be of quality nursery stock, free from pests, disease and structural defects. Strong trees

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should have straight roots, a thick trunk, and one dominant leader to the top. The root flare should be in the top 2” of the root ball. Dig the planting pit twice as wide the as root ball, or as wide as practical per planting location. Pit should be no deeper than the soil in the tree container. Remove the tree from the container (15 gallon), or bottom from box size trees.

G. PRUNING STANDARDS

1. Remove branches growing beyond the perimeter of foliage. It is an outline of a plant’s shape. Cuts shall be inside of outer foliage, and flush with a branch of origin. Leave no butts or stubs. Do not trim off all foliage on one plane with hedge shears. Shearing is only for hedges, after thinning out big, long shoots. Prune to retain the natural shape of the plant. Shapes vary according to plant species. There shall be no flat, square tops or unnatural forms.

2. All ornamental grass shall be pruned in winter. Grass will be cut 8”-12” from ground.

3. All Roses (ground cover and shrub) will be cut back to last year’s growth in February.

4. Prune trees to maintain their characteristic shape, density, and texture. The natural appearance is an open, light-textured perimeter of new foliage.

5. Prune out branches extending beyond the shape (foliage perimeter) of a tree. Prune to control size and shape. Bare scaffold branches with foliage only at ends will break in wind.

6. Cuts shall be inside perimeter of foliage almost flush with a parent branch.

No butts or stubs are permitted. Old stubs with an outgrowth of multiple shoots shall be moved.

7. Prune off lower branches high enough for traffic clearance. Cut out dead, crossing, rubbing branches, and v-shaped crotches. Undercut branches over 2” in diameter before final cut is made close to a scaffold (main) branch.

Shredded, torn, or ripped branches shall be recut cleanly.

8. An exposed wound, as where a branch was removed, shall remain exposed. Do not paint or apply any substance on a wound. It heals faster, with less disease than a covered wound.

9. Trees close together shall be separated by removal of intermingling branches. The exception is a large hedge or windbreak consisting of one species.

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10. A young tree unable to stand upright in a Santa Ana wind shall be double staked. A tree too heavy for support by stakes shall have three equally spaced guy wires tied to immoveable stakes. The wire shall be on a 45° angle with the tree trunk. Ties and guys shall always be tight and in place between stakes or tree trunk. Loosen ties that are so tight they are almost starting to girdle a branch or trunk.

H. MULCH MAINTENANCE SPECIFICATIONS

1. Mulch shall consist of the placement of a minimum of three inches of weedfree, palm-free, and nitrolized landscape mulch.

2. Annually, Contractor shall provide and install up to 1000 cubic yards of mulch in landscape areas, beyond that which is required to be installed by other specifications herein, as directed by the City Parks Supervisor, at no additional cost.

I. FERTILIZATION MAINTENANCE SPECIFICATIONS

1. Annual Fertilization Schedule: The application frequency of all fertilizers is specifically identified on the Annual Fertilization Schedule Chart (see Appendix VI) indicating the fertilizer used and frequency applied and the landscape material to which it is applied, i.e., turf, trees, shrubs, ground cover, etc. Any changes from the Annual Fertilization Schedule Chart will be discussed with the City Parks Supervisor.

2. General: Fertilizers shall be applied in accordance with the manufacturer’s specifications and rate recommendations. Regardless, the Contractor shall make efforts to improve the soil health profile through the application of soil amendments and cultural practices with supplemental fertilizer applications as needed for good landscape health.

3. Method of Application: In making application of fertilizer, precautions shall be taken to contain these materials in the planting areas. Caution should be used when using a cyclone spreader which tends to throw material onto paved areas. The use of constant-flow PTO-driven spreaders is required for large turf areas and will keep materials contained in the planting areas, eliminating sidewalk stains. If fertilizer is dumped because of faulty equipment or during the filling process, quickly spread the fertilizer so the grass will not burn. Damaged grass due to fertilizer burn will be fixed or replaced at the contractors expense.

4. Timing of Application: When climatic factors cause problems with the general use of fertilizers, an adjustment of the fertilizer schedule may be necessary. If possible, avoid the application of fertilizers before forecasted rainy weather, etc., which might affect stability. After fertilizer application,

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monitor the watering schedule to eliminate runoff or leaching of fertilizer materials.

5. Watering: All fertilization shall receive a light watering the same day the application is completed.

6. New Trees and Shrubs: Agriform 21-gram plant tablets shall be applied to trees and shrubs when planted. Follow the manufacturer’s recommendation for the recommended rate.

7. Monthly payment will be withheld until scheduled fertilization is applied to all turf and landscape areas per the Annual Fertilization Schedule.

J. PLANT ADDITIONS AND/OR REPLACEMENTS
As part of the Agreement, the Contractor is responsible for the viability of all landscaping. Any landscaping loss shall be replaced by the Contractor at no additional cost. However, the Contractor may be authorized by the City Parks Supervisor for extra work to replace damaged or destroyed trees, shrubs, vines, ground cover, or flowers that are the result of “Acts of Nature”, i.e., storm damage.

K. IRRIGATED LANDSCAPED SLOPES MAINTENANCE SPECIFICATIONS

1. Contractor shall perform monthly inspection of all irrigated landscaped slopes as designated in the Inventory for Landscape Maintenance Areas (hereinafter referred to as "slopes").

2. Contractor shall carefully inspect and monitor, maintain and report upon the condition of the landscaping health, soil conditions, including moisture content, and irrigation system operating condition of the slopes. The inspection findings shall clearly identify all of the inspected areas, shall log all conditions and report on actions taken to resolve any adverse conditions.

The inspection notes and logs shall be submitted monthly, in a form as approved by City, as a prerequisite to the Contractor’s request for monthly compensation.

3. The inspection, monitoring and reporting, on a monthly basis on a form approved by the City, of the slopes shall include, but not be limited to:
a. The status of the irrigation system and components, including the watering cycles, station times and condition and efficiency of the sprinkler heads.
b. The moisture content of the in-situ soils.
c. Identification of any rodent activity.
d. The maintenance performed in the preceding month.
e. The maintenance planned for the upcoming month.
f. The removal of any debris from the slope.

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g. The removal of any debris from any drainage devices. h. The identification and removal of invasive plant species i. The identification and recommended removal of any trees on any slopes.
j. Any physical changes to the slope.
k. Any recommendations to modify the landscaping, irrigation or drainage of the slopes.

4. Contractor shall ascertain the approximate optimum moisture content needed for all irrigated landscaped slopes, depending upon the soil profile and landscape materials. Contractor shall maintain the optimum moisture content in all landscaped slopes. Slopes shall neither be allowed to dry out nor become saturated with moisture.

5. Contractor shall inspect and adjust as needed irrigation sprinkler heads and other irrigation directional devices on all irrigated landscaped slopes to ensure coverage of only the intended areas. Contractor shall identify, recommend and implement the irrigation cycles and watering frequency for each landscaped slope.

6. Contractor shall, per contract schedule, remove any accumulated debris from slope drainage channels and slope surfaces.

7. Contractor shall monthly inspect all drainage channels, including but not limited to “v-ditches” and issue a written report on any observed damaged drainage channels or pavement.

8. Contractor shall monthly inspect all slopes and issue a written report on any observed slope surface irregularities, rodent activity, invasive plant species, soil movement or cracking and recommendations for the removal of any landscaping causing this condition.

9. Contractor shall keep detailed irrigation operating and use records for all landscaped slopes and check all irrigation systems every month to confirm they are in good working order. Contractor shall, in writing, advise the City Parks Supervisor of any changes made to the landscaped slopes irrigation programs.

10. Contractor shall avoid physical alterations of any slope.

11. Slopes without ground cover or shrubs and only planted with trees shall be maintained weed free at all times. Contractor may place mulch to aid in this effort at no additional cost. Care shall be taken to not place mulch in locations which, if eroded from the slope due to inclement weather, could block drainage devices.

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12. Slopes with ground cover, shrubs and/or trees shall be provided with proper weed control as required in Section E. “Ground Cover”.

L. NON-IRRIGATED OPEN SPACES MAINTENANCE SPECIFICATIONS

1. Contractor shall, on a monthly basis, or as designated on the Inventory for Landscape Maintenance Areas (see Appendix II), remove dead woody plants, eradicate weedy species, prune and thin trees and shrubs, remove litter and, annually, perform weed abatement within Open Spaces within 50 feet of an irrigated landscaped area.

2. In any Open Space that includes sloping areas and manmade drainage devices, all drainage devices must be kept fully operational. The drainage devices shall be inspected each October, before the beginning of the winter season and any debris shall be removed. Contractor shall inspect and report upon the condition of the drainage devices each October on a form as approved by City. The drainage devices shall be re-inspected after each major storm event since minor soil and leaf debris can block drains. Clean all drainage devices and report on all maintenance activity performed.

3. Report to the City Parks Supervisor in writing, on a monthly basis on a form approved by the City, any rodent activity.

4. Noxious weeds, i.e., artichoke and sprouting pampas grass shall be removed continuously.

M. PARK PLAYGROUND AND SAND COURT AREAS MAINTENANCE

SPECIFICATIONS

1. All City Parks as listed in the Inventory for Landscape Maintenance Areas (see Appendix II) shall be daily inspected and maintained free of weeds, glass, sharp objects, and rocks.

2. During the first week of March, June, August, and October and as deemed necessary by the City Parks Supervisor, all sand areas shall be rototilled to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand. After rototilling all areas shall be raked level.

3. In August; Contractor shall, as needed, at no additional cost, replenish sand with Gillibrand Pro Tour Sand, or equal as approved, as necessary to maintain optimum level in each area, generally four (4) inches below the top of the concrete curbing but dependent upon play equipment footings. Final sand level shall be determined by the City Parks Supervisor.

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4. Every day, (Monday thru Friday) all playground sand areas shall be raked level, and playgrounds with rubberized surfacing will be swept/blown clean.

Remove any and all foreign materials from the sand areas including best efforts to remove broken glass, sharp objects, nails, screws, or materials which may cause injury.

5. Contractor shall, on a weekly basis, inspect all playground and sand court areas and identify adverse conditions requiring additional maintenance.

Contractor shall monthly submit a report, in a form as approved by City, on the condition of all of these areas as a prerequisite to the Contractor’s submission for monthly compensation.

N. HARD SURFACE AREAS MAINTENANCE SPECIFICATIONS
These areas shall include picnic tables, benches, tennis courts, handball courts, basketball courts, sidewalks, bicycle trails, A.C. walkways, parking lots, and similar facilities.

1. All areas shall be swept weekly to remove all deposits of debris, food, silt, and/or sand and glass.

2. Special care shall be taken when edging along Bicycle Trails/A.C. and walkway areas to prevent damage to asphalt. All such damage shall be repaired at the Contractor’s expense.

O. WEED CONTROL OF PAVED SURFACES MAINTENANCE SPECIFICATIONS Contractor will be responsible for controlling weeds growing in cracks, or expansion joints, and areas contiguous to the City landscape.

P. WEED ABATEMENT MOWING AND OPEN SPACE MANAGEMENT

MAINTENANCE SPECIFICATIONS
Contractor shall be responsible for the periodic mowing of and/or hand string trimming of weeds in open space areas, wild areas, and undeveloped portions of City landscape located within 50 feet of a maintained City landscape area or slope.

This work should be performed between May 1st and June 30th of every year.

Contractor shall be responsible for the periodic removal of all man-made debris in all open spaces, wild areas, and undeveloped areas. This will include but not be limited to dumping, structures such as tree houses, and unpermitted structures, hanging ropes from trees, and the demolition removal of BMX bicycle tracks.

Contractor shall be responsible, where applicable, for the maintenance of nature trails within Open Space areas. This would include but not be limited to: pruning vegetation from trails, confining bark on trails, repairing erosion scars, and weed

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control.

Q. WEED CONTROL

1. All areas shall receive diligent control of weeds by employing all industryrecognized, legal methods, as approved by the City.

2. All ground cover beds, shrub beds, planters, non-concrete walkways, i.e.:
decomposed granite, natural soil and asphalt, sidewalk expansion joints, cracks in paved areas, curbs, areas covered with ornamental rock, and other landscaped and hardscaped areas shall be maintained weed and grass free at all times.

3. No dyes shall be used when applying liquid weed control to paved surfaces.

4. Turf grass shall be weed free at all times.

5. In addition, turf grass areas shall be treated as follows: (a) Between January 15 and February 15, a pre-emergent crabgrass control shall be applied to all turf areas; and (b) Twice per year, in December and June, a broad spectrum fungicide (such as Actizone RZ) shall be applied at the manufacturer's recommended coverage rate.

6. Common weed (Arundo Donax) will be 100% controlled due to its fast growth and invasiveness.

7. Inspect, spot treat or mechanically remove weeds as necessary. Hand weeding or spot treatment of all areas is to be performed at least one (1) time per week.

8. Weeds not killed with herbicides shall be removed manually. However, manual weed control shall not be substituted for herbicide applications.

9. The Contractor shall submit a report naming the herbicide proposed for use, where and how it is to be applied, and a copy of the product label and any applicable M.S.D.S. (material safety data sheets) sheets to the City before use begins.

10.Chemical applications as needed. Weeds, which grow from, or spread by, underground stolons, tubers, and the like, such as Bermuda Grass, Nutgrass, and Ragweed, shall be controlled using appropriate chemical controls. Said weeds shall not be physically removed until chemical action is complete.

11.When requested by the City, the Contractor shall spray weeds with herbicide for weed control at no additional cost to the City if control is not maintained as specified in this section. Preventive weed control is the responsibility of the Contractor.

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12.Monthly, the Contractor shall complete and furnish copies of an herbicide application log to the City.

13.Apply appropriate pre-emergent herbicides to prevent germination of known problem weeds. Target weeds shall include but are not limited to Kikuyu, Bermuda, Nutgrass, Crabgrass, Ragweed, Poa, Spurge, Oxalis, annual weeds and grasses.

14.Pre-emergent herbicide materials to be used shall be as approved by the City.

Materials to be used shall be those best suited to the control of the target weeds in the given planting.

15.Pre-emergent herbicide applications shall be carefully scheduled as approved by the City, and shall be made per label instructions for optimum control.

Scheduling of pre-emergent herbicide applications shall be reflected on the annual calendar along with notation identifying material name and target weeds.

16.Pre-emergent herbicide applications shall be made annually and as required for optimum control of target weeds.

17.The Contractor shall be responsible for the results of application of all herbicides and chemicals. Plants killed or severely damaged by the use of herbicides shall be replaced at no cost to the City, with the nearest size nursery stock available to the size of the dead or severely damaged plant. The soil in the area of the affected plant(s) and planting pit shall be treated with activated charcoal and other soil amendments that may be required to enhance the potential survival and growth of the existing or replacement plants. The treatment and materials must be approved by the City and shall be furnished at no cost to the City. All replacements must be made within fifteen days upon discovery by the Contractor and/or the City.

18.All restricted chemicals to be used to control weeds shall be approved by the City prior to use. A written recommendation of the proposed restricted chemicals to be used, prepared by a licensed California Pest Control Advisor accompanied by a Notice of Intent to apply restricted/non-restricted materials form prepared by a licensed Pest Control Operator shall be submitted to the Parks Supervisor a minimum of 14 days prior to intended use. Additionally, Contractor shall notify the Orange County Department of Agriculture a minimum of 48 hours prior to intended use. No work shall begin until the Parks Supervisor’s written approval is obtained.

19.Written recommendation shall include the following information: A. Owner or operator of the property to be treated; B. Location of property to be treated; C.

Commodity, crop, or site to be treated; D. Total acreage or units to be treated;

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E. Identification of weed(s) or pest(s) to be controlled by recognized common name; F. Name of each herbicide or device recommended or description of method recommended; G. Dosage rate per acre or other units; H. Warning of the possibility of damages by the application from hazards that are known to exist; and Signature and address of the person making the recommendation, the date, and the name of the employer.

20.Chemicals shall be applied only by persons possessing a valid California Pest Control Operators License in the appropriate category. Application shall be in accordance with all governing regulations. Records of all written recommendations and operations stating dates, times, methods of application, approved Notice of Intent to apply restricted/non-restricted materials, weather conditions at the time of application, and applicator's name shall be made and retained in an active file for a minimum of 1 year. The Parks Supervisor shall have access to those files as required. After this period, they shall be retained in accordance with Orange County Department of Agriculture Regulations.

21.Contractor shall calibrate all chemical application equipment prior to each use to insure chemicals are applied at the rate specified in the written recommendation.

22.All rubber hoses shall be made of neoprene rubber or equivalent material; shall be free of cracks; shall not be weathered, worn, or rotted; and shall be equipped with quick connectors or fittings which shall provide a water tight connection to prevent any leakage of chemicals from the point of connection to spray equipment.

23.All pressurized spray equipment, when in use, shall be kept in a state of good repair, safe to operate and shall be equipped with appropriate pressure relief valves. All spray nozzles shall be free of any foreign particles to allow proper control of rate, uniformity, thoroughness, and safety of application.

24.All chemical spraying operations shall be performed under acceptable climatic conditions to be determined by the Parks Supervisor in such a manner to limit drift to twelve (12) inches. All precautionary measures necessary shall be employed to insure public safety since all areas will be open to public access during application.

25.All equipment used to perform chemical application shall be thoroughly cleaned when necessary to prevent injury to persons, plants, or animals from residue of materials previously used in the equipment. Equipment shall be cleaned in accordance with the procedure recommended on the label.

26.Non-restricted chemicals shall be used whenever possible to perform weed control in turf and landscape areas.