Laguna Hills City Council
April 28, 2026

City of Laguna Hills ♦ Proposal to Provide On-Call Planning Support Services March 17, 2023 ♦ 15
E. References Civic Solutions invites the City of Laguna Hills to contact our client references to learn their opinion of our performance on past and present assignments.

City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
Joe Perez, Community Development Director
[email protected]
(951) 332-6464, Ext. 207
Project Description: Civic Solutions has been providing current, advance, and environmental planning services to the City of Jurupa Valley since 2011, and the contract is ongoing.

City of Anaheim
200 South Anaheim Boulevard
Anaheim, CA 92805
Scott Koehm, Principal Planner
[email protected]
(714) 765-5395
Project Description: Civic Solutions has been providing on-call planning services to the City of Anaheim since July 2017, and the contract is ongoing.

City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Douglas Spondello, Deputy Community Development Director [email protected]
(805) 517-6251
Project Description: Civic Solutions has been providing contract planning services to the City of Moorpark since 2021, and the contract is ongoing.

4.11.a
Packet Pg. 185 Attachment: Attachment A – Professional Services Agreement with Civic Solutions, Inc. (3204 : Award of Four Professional Services

City of Laguna Hills ♦ Proposal to Provide On-Call Planning Support Services March 17, 2023 ♦ 16
F. Project
Understanding,
Overview, and
Approach
Project Understanding
Civic Solutions proposes to provide the following professional planning services:
• Process zoning verifications, various ministerial permits (e.g., temporary use permits, sign permits), home occupation certificates; receive/intake planning applications.
• Perform plan check functions for various projects; review building permit applications for compliance with applicable zoning standards, regulations, policies, approved development plans, and conditions of approval.
• Serve or assist as the project coordinator for discretionary applications (e.g., site development permits, use permits, variances, zone text amendments, zone changes, general plan amendments, and general municipal code amendments) including application and plan review, coordination with other City departments and/or outside agencies, correspondence with applicants, background research, ensuring compliance with the California Environmental Quality Act (CEQA), and monitoring of project implementation to verify substantial conformance with approved plans, conditions of approval, and mitigation measures. • Prepare or assist with the preparation of technical planning staff reports, ordinances/resolutions, legal notices, CEQA documents (up to and including Mitigated Negative Declarations, exclusive of technical study preparation), and presentations.
• Participate in public hearings and presentations; prepare and present written and oral reports to community groups, the Planning Agency, and the City Council; develop recommendations and resolutions of determination; serve as staff support and liaison to the Planning Agency; occasionally attend evening and weekend meetings.
• Conduct research independently on various land use and planning issues.
• Conduct field evaluations and assessments to ensure projects comply with zoning codes, design regulations, and approved plans.

GIS services can also be provided. (Larger scale work may require the use of one of our subcontractors.)
Project Approach
Understanding that the City has not yet determined need for service on any specific project or Planning Division function, our approach will exhibit flexibility to the City’s needs. Upon notification from the City’s Project Manager, we will be available to discuss both short and long-term assignments, and we

4.11.a
Packet Pg. 186 Attachment: Attachment A – Professional Services Agreement with Civic Solutions, Inc. (3204 : Award of Four Professional Services

City of Laguna Hills ♦ Proposal to Provide On-Call Planning Support Services March 17, 2023 ♦ 17
F. Project
Understanding,
Overview, and
Approach
(continued)
are amenable to written task orders approved in advance by the City for budgeting and scheduling purposes. Our staff will be available to work on site, remotely or a combination of the two.

Project Resources
Civic Solutions will provide all required software, equipment, and supplies for the production of electronic documents. Our staff is tech savvy and proficient in the use of all software typically needed in today’s planning environments. Unless other arrangements are made, we will rely on the City or its applicants/ customers for hard copy documents (including plan reproduction), items typically included in submittal applications (i.e., mailing lists, title reports, and other similar items), courier services, and other specialized services.

Project Controls
Ensuring our services are timely and on budget is important, and these are typically tracked on a monthly basis through our invoicing system. Within 15 days of the end of every month, Civic Solutions will provide an invoice for work performed so that both your staff and ours can keep an eye toward the critical metrics of time and cost. In addition, for project-specific assignments, we recommend the use of task orders or project budgets and schedules that inform the City and Civic Solutions staff of budgetary and schedule expectations. If needed, task order amendments can be mutually approved to address unforeseen circumstances. And for general planning services (i.e., providing part-time public counter support), a specific budget alone is typically sufficient to ensure management of professional services.

Quality Control/Quality Assurance
To ensure our work meets exceptionally high quality standards, work performed on advance planning-type projects is internally reviewed prior to delivery to the City. The same QA/QC procedure can be employed for current planning-related work product. However, given the nuances we see among agencies in terms of format, wording, and punctuation, our clients typically prefer to not pay for this level of review. If there is ever any concern with the quality of our work product, conversation among the Project Managers is both needed and welcomed.

4.11.a
Packet Pg. 187 Attachment: Attachment A – Professional Services Agreement with Civic Solutions, Inc. (3204 : Award of Four Professional Services

City of Laguna Hills ♦ Proposal to Provide On-Call Planning Support Services March 17, 2023 ♦ 18
G. Communication
Plan
To ensure clear lines of communication between our staffs, unless otherwise arranged, all operational direction will be provided by and between the Project Managers on a weekly or bi-weekly basis. Periodic written progress reports may also be provided on larger, more complex projects. In the event our staff is working on current planning assignments, guidance may be provided by the City’s Project Manager. As noted in Project Controls above, budget status will be provided in the form of monthly invoices.

4.11.a
Packet Pg. 188 Attachment: Attachment A – Professional Services Agreement with Civic Solutions, Inc. (3204 : Award of Four Professional Services

City of Laguna Hills ♦ Proposal to Provide On-Call Planning Support Services March 17, 2023 ♦ 19
H. Compensation/
Payment
Schedule A Cost Proposal is provided under separate cover.

4.11.a
Packet Pg. 189 Attachment: Attachment A – Professional Services Agreement with Civic Solutions, Inc. (3204 : Award of Four Professional Services

City of Laguna Hills ♦ Proposal to Provide On-Call Planning Support Services March 17, 2023 ♦ 20
I. Certificate of Insurance – Attachment 2

4.11.a
Packet Pg. 190 Attachment: Attachment A – Professional Services Agreement with Civic Solutions, Inc. (3204 : Award of Four Professional Services

City of Laguna Hills ♦ Proposal to Provide On-Call Planning Support Services March 17, 2023 ♦ 21
J. Certification of Proposal – Attachment 3

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Packet Pg. 191 Attachment: Attachment A – Professional Services Agreement with Civic Solutions, Inc. (3204 : Award of Four Professional Services

City of Laguna Hills ♦ Proposal to Provide On-Call Planning Support Services March 17, 2023 ♦ 22

4.11.a
Packet Pg. 192 Attachment: Attachment A – Professional Services Agreement with Civic Solutions, Inc. (3204 : Award of Four Professional Services

City of Laguna Hills ♦ Proposal to Provide On-Call Planning Support Services March 17, 2023 ♦ 23
Non-Collusion Affidavit – Attachment 1

4.11.a
Packet Pg. 193 Attachment: Attachment A – Professional Services Agreement with Civic Solutions, Inc. (3204 : Award of Four Professional Services

City of Laguna Hills ♦ Proposal to Provide On-Call Planning Support Services March 17, 2023 ♦ 1
City of Laguna Hills
On-Call Planning Support Services
Compensation/Payment Schedule Revised: May 19, 2023
Civic Solutions is proposing for On-Call Planning Support Services and, therefore, Section V. Items 1, 2, 4, and 5 are not applicable.

Item 3. Hourly Rate Schedule is provided below.

Position Hourly Rate
Principal Planner $161
Senior Planner $151
Associate Planner $135
Assistant Planner $125
Word Processing* $83
Clerical Support* $52
*As needed on large projects
The fees, rates, and/or unit prices set forth in Consultant's Proposal (Exhibit “A”) shall remain fixed and unchanged for the first two years of the term of this Agreement (i.e., from August 1, 2023 through July 31, 2025). Thereafter, Consultant may submit a request to adjust its fees, rates, and/or unit prices once per year during the remainder of the term of the Agreement as provided for herein. However, approval of any request to adjust Consultant's fees, rates, and/or unit prices as set forth herein shall be made at the sole discretion of the City Manager, in writing, and is subject to the City’s approved budget. Such fee, rate, and/or unit pricing adjustment(s), if any, shall not exceed the value of the change in the Consumer Price Index for the Los Angeles/Orange County area for the preceding one year as published for the month of April of any given year. In no event shall any adjustment of any fee, rate, and/or unit pricing as authorized by this section exceed five percent (5%) per year regardless of CPI or any other cost factors.

4.11.a
Packet Pg. 194 Attachment: Attachment A – Professional Services Agreement with Civic Solutions, Inc. (3204 : Award of Four Professional Services

1770120.1
1 PROFESSIONAL SERVICES AGREEMENT
Sagecrest Planning and Environmental, Inc.
(On-Call Planning and Environmental Consulting Services) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective the 1st day of July 2023, by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California, (hereinafter referred to as “City”) and SAGECREST PLANNING AND ENVIRONMENTAL, INC., a California corporation (hereinafter referred to as “Consultant”).

City and Consultant are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has determined that there is a need to retain the professional services, on an as-needed and on-call basis, of a qualified full-service planning consulting services firm for the purpose of assisting the City with discretionary entitlement processing, advanced planning, and discretionary case environmental review, which professional planning services will include but not be limited to land use planning, municipal code compliance, development application and plan check review services, land use entitlement processing, environmental review, project management and community development services, as well to provide the City with other on-call land use application review, zoning code compliance, and planning and support services that may be required on an as-needed basis (the “Project”).

B. In response to City's Request for Proposals, dated February 7, 2023, Consultant has submitted to City a proposal, dated March 17, 2023, to provide professional on-call environmental review services, as well as a full range of other as-needed consulting environmental review, compliance, and land use planning and support services that may be required on an on-call basis, to City for the Project pursuant to the terms of this Agreement.

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

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

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:

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Packet Pg. 195 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

1770120.1
2 AGREEMENT

1. SERVICES OF CONSULTANT

1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Consultant agrees to provide and perform the professional planning and environmental review consulting services to City for the Project as set forth in the Proposal/Scope of Work, dated March 17, 2023, which is attached hereto as Exhibit “A” and is incorporated herein by reference (hereinafter referred to as the “Scope of Services,” the “Services” or “Work”). As a material inducement to the City entering into this Agreement, Consultant acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant’s Services and Work shall be performed in a skillful and competent manner and shall be held to a standard of quality and workmanship prevalent in the industry for such Services and Work and with the standards recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and warrants that it is skilled in the professional discipline necessary to perform the Services and Work and that it holds the necessary skills and abilities to satisfy the standard of work as set forth in this Agreement.

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

1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; and, (2) the Consultant’s signed, original Proposal/Scope of Work dated March 17, 2023 (“Consultant’s Proposal”) and submitted to City, which shall both be referred to collectively hereinafter as the “Contract Documents.” The Consultant’s Proposal is attached hereto as Exhibit “A” and is hereby incorporated by reference and made a part of this Agreement. All provisions of the Contract Documents shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms and conditions of this Agreement; and, (2nd) the provisions of the Consultant’s Proposal (Exhibit “A”).

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

4.11.b
Packet Pg. 196 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

1770120.1
3 free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations.

1.4 Licenses, Permits, Fees, and Assessments. Prior to performing any Services or Work hereunder Consultant shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, and approvals of whatever nature that are legally required to perform the Work or Services.

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

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

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

1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Consultant's Proposal/Scope of Services (Exhibit “A”) or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating therein any adjustment in (i) the

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Packet Pg. 197 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

1770120.1
4 Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Consultant. It is expressly understood by Consultant that the provisions of this section shall not apply to the Work and Services specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of whether the time or materials required to complete any Work or Service identified in the Scope of Services exceeds any time or material amounts or estimates provided therein.

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

2. COMPENSATION

2.1 Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Consultant shall be compensated by City for the services performed, including authorized reimbursements, on a time and materials basis in accordance with the professional hourly rates and charges set forth in the Schedule of Compensation/Fees, which is attached hereto as Exhibit “A” and is incorporated herein by reference, but not exceeding the total maximum contract amount of Five Hundred Thousand Dollars ($500,000.00) (hereinafter referred to as the "Maximum Contract Amount"). The method of compensation shall be as set forth in Exhibit “A”. Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation/Fees. The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.

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

2.3 Optional CPI Adjustment. The fees, rates, and/or unit prices set forth in Consultant's Proposal (Exhibit “A”) shall remain fixed and unchanged for the first two years of the term of this Agreement (i.e., from July 1, 2023 through June 30, 2025). Thereafter, Consultant may submit a request to adjust its fees, rates, and/or unit prices once per year during the remainder of the term of the Agreement as provided for herein. However, approval of any request to adjust Consultant's fees, rates, and/or unit prices as set forth herein shall be made at the sole discretion of the City Manager, in writing, and is subject to the City’s approved budget.

Such fee, rate, and/or unit pricing adjustment(s), if any, shall not exceed the value of the change

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Packet Pg. 198 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

1770120.1
5 in the Consumer Price Index for the Los Angeles/Orange County area for the preceding one year as published for the month of April of any given year. In no event shall any adjustment of any fee, rate, and/or unit pricing as authorized by this section exceed five percent (5%) per year regardless of CPI or any other cost factors.

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

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

3. SCHEDULE OF PERFORMANCE

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

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

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

When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant such an extension.

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

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Packet Pg. 199 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

1770120.1
6 delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section.

3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and shall continue in full force and effect for a period of five (5) years, commencing on July 1, 2023 and ending on June 30, 2028, unless extended by mutual agreement of the Parties.

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

4. COORDINATION OF WORK

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

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

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

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

Consultant shall not contract with any other entity to perform the Services required without prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in

4.11.b
Packet Pg. 200 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

1770120.1
7 the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City.

4.4 Independent Contractor.

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

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

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

Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing any Work or Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of

4.11.b
Packet Pg. 201 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

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8 any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, representatives, agents, or subconsultants or subcontractors, Consultant shall defend, indemnify, and hold harmless City from and against all such financial obligations.

4.5 PERS Eligibility & Indemnification.

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

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

5. INSURANCE

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

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

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

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

Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims

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9 or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.

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

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

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

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

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

3. In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or

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Packet Pg. 203 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

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10 until completion of the Work or Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Work or Services under the terms of this Agreement.

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

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

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

1. Additional Insured: The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and

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

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

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

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

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

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

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

5.9 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this

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12 Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

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

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

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

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

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

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

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

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

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

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

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

6. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses, penalties, judgments, arbitration awards, settlements, damages or injuries of any kind, in law or in equity, including but not limited to property or persons, including wrongful death, (collectively “Claims”) in any manner arising out of, pertaining to, related to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officers, directors, employees, subcontractors, consultants or agents, in connection with Consultant’s performance under this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent that the Work or Services performed by Consultant are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless, and indemnify the City, its elected and appointed officials, officers, employees, agents, and volunteers, shall not apply to such claims or liabilities arising from the sole or active negligence or willful misconduct of City.

7. REPORTS AND RECORDS

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

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

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14 7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement.

For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

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

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

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

8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted

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

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

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

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

8.4 Default of Consultant.

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

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

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

8.4(B), take over the work and prosecute the same to completion by contract or otherwise, and

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16 the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided herein.

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

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

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

8.8 Attorneys’ Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in

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17 any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of any state statute or regulation. Consultant represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.

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

10. MISCELLANEOUS PROVISIONS

10.1 Patent and Copyright Infringement.

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

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

10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of

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18 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

To Consultant: Sagecrest Planning and Environmental, Inc.

Attention: Amy Vazquez, President
27128 Paseo Espada, Suite 1524
San Juan Capistrano, California 92675
Telephone: (949) 996-7243

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

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

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

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

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

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

10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she

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19 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.

10.9 Labor Code Requirements.

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

The foregoing indemnity shall survive termination of this Agreement.

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

10.10 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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1770120.1
EXHIBIT “A”
CONSULTANT’S PROPOSAL/ SCOPE OF WORK
FOR

ON-CALL PLANNING AND ENVIRONMENTAL REVIEW SERVICES
DATED: MARCH 17, 2023

SCOPE OF SERVICES FOR PROJECT

INCLUDING,

SCHEDULE OF PERFORMANCE
AND

SCHEDULE OF COMPENSATION/ FEES

4.11.b
Packet Pg. 215 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

PROPOSAL FOR

ON-CALL PLANNING SUPPORT SERVICES

CITY OF LAGUNA HILLS
Amy Vazquez, President
949.996-SAGE (7243)
27128 Paseo Espada, Suite 1524
San Juan Capistrano, CA 92675
www.sagecrestplanning.com
[email protected]

4.11.b
Packet Pg. 216 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 1 TABLE OF CONTENTS
A. COVER LETTER........................................................................................................................... 2 B. COMPANY DATA........................................................................................................................ 6 C. RESUMES/QUALIFICATIONS OF KEY PERSONNEL.....................................................................10 D. ORGANIZATIONAL CHART .......................................................................................................40 E. REFERENCES ............................................................................................................................42 F. PROJECT UNDERSTANDING .....................................................................................................44 G. COMMUNICATION PLAN ........................................................................................................48 H. COMPENSATION/PAYMENT SCHEDULE ..................................................................................50 I. CERTIFICATE OF INSURANCE ....................................................................................................52 J. CERTIFICATION OF PROPOSAL ................................................................................................. 56

4.11.b
Packet Pg. 217 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 2 A. COVER LETTER
March 17, 2023
City of Laguna Hills
Jay Wuu, Senior Planner
24035 El Toro Road
Laguna Hills, CA 92653
SUBJECT: REQUEST FOR PROPOSAL FOR ON-CALL PLANNING SUPPORT SERVICES Sagecrest Planning+Environmental (Sagecrest) is pleased to submit this proposal to the City of Laguna Hills (City) for on-call Planning Support Services. The team at Sagecrest provides planning and environmental review services to local jurisdictions throughout California.

Sagecrest planners are well versed in current planning and environmental law for processing of ministerial and discretionary projects or City-initiated plans and programs. Our planners have expertise in discretionary case processing, preparation and review of zoning codes, specific plans, general plans, and other planning documents, code compliance, project management, and environmental analysis, documentation, and review. Our planners have all worked in various positions for local jurisdictions.

Sagecrest delivers the highest level of service with proactive solutions, ongoing communication, and dependable coordination. We adapt our services to the City’s needs and complement its inhouse resources as an extension of City staff. Our planners are trained on the latest planning, zoning and environmental legislation and case law and are adept at using public counter permit tracking and GIS systems.

Sagecrest is a local Southern California-based firm with corporate offices in San Juan Capistrano.

Our clients are in Orange, San Diego, Riverside, San Bernardino, and Los Angeles Counties, which allows us to be accessible to our clients at a moment’s notice. We are accustomed to being proactive and anticipating the needs of our clients and recommending practical solutions to complex planning issues. In addition, due to our efficient structure, we are competitive on price while adhering to stringent budgets and schedules.

4.11.b
Packet Pg. 218 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 3 Sagecrest looks forward to your favorable review of our firm’s qualifications, scope of work, and fee. I am authorized to bind Sagecrest in a contract under the terms and conditions prescribed by this proposal. If you require additional information or would like to further discuss our qualifications, please contact me directly at (949) 996-SAGE (7243) or [email protected].

Respectfully,
Amy Vazquez, President
Sagecrest Planning+Environmental

4.11.b
Packet Pg. 219 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

4.11.b
Packet Pg. 220 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four Professional

Proposal for City of Laguna Hills On-Call Planning Support Services 5 This page left intentionally blank.

4.11.b
Packet Pg. 221 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 6 B. COMPANYDATA

CONTACT INFORMATION
Sagecrest Planning+Environmental
27128 Paseo Espada, Suite 1524
San Juan Capistrano, CA 92675
Office: (949) 996-7243
Amy Vazquez, President
Mobile: (949) 996-SAGE (7243)
[email protected]

LEGAL INFORMATION
Company Type: Founded in 2017, Sagecrest is a California Corporation in 100% ownership by Amy Vazquez. Sagecrest is not owned, in whole or in part, by any other business organization or individual.

Location: Sagecrest has one office located in San Juan Capistrano. Please see “Contact Information” for additional details.

Federal Employer ID Number: 30-1218415
Financial Interests: Sagecrest has no financial interests in any related or unrelated lines of business.

Failure/Refusal to Complete Contract: Sagecrest has no history of a failure or refusal to complete a contract.

Litigation/Adverse Judgement History: Sagecrest has no history of litigation (including complaints or responses to complaints) filed against the company or any proposed Principal/Project Manager within the last 5 years related to performance of a professional services agreement or participation on a project.

Termination of Contract “For Cause” History: Sagecrest has no history of termination of any professional services agreement or other services contract (or portion thereof) entered into by the company or any proposed Principal/Project Manager within the last 5 years that was terminated for cause or which required completion by another party.

RELEVANT EXPERIENCE
Sagecrest Planning + Environmental (Sagecrest) is an award winning, full service, professional planning firm providing on-call planning, land use, and environmental consulting to public agencies throughout California. The American Planning Association (APA) awarded Sagecrest the 2018 Emerging Planning & Design Firm by the Orange Section and the 2019 Grassroots Initiative

4.11.b
Packet Pg. 222 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 7 Award by the CA State Chapter and the Orange Section. With considerable experience in Southern California, the Sagecrest team has strong working relationships with key staff, applicants, and public officials. Our mission is to provide outstanding service at competitive rates to the clients and communities we serve while adding value and making a positive impression with each assignment.

Sagecrest has been in business for over six years, however our management team has over 75 years of combined experience in a broad range of land use planning, development activities, and California Environmental Quality Act (CEQA) compliance. The Sagecrest team not only has extensive experience as municipal agency staff but as environmental planners, which gives us insight into the interdisciplinary coordination required to deliver the project that other private consulting firms may not have.

Sagecrest has served local public agencies on development projects, zoning ordinances, and environmental document preparation and review in communities across Southern California. The Sagecrest team also has extensive experience as municipal agency staff, giving us insight into the interdisciplinary coordination required to deliver project management and CEQA compliance that other consulting firms may not have. The following is list of previous and current on-call planning services contracts Sagecrest maintains with other jurisdiction in Southern California.

Completed On-Call Planning Contracts (within past 5 years) Term Lead Agency Contact* Project Description
November 2016
– 2021
City of San
Clemente
Jonathan Lightfoot, Economic
Development Officer
(949) 361-8254
[email protected]
On-call planning services
July 2017-2021 City of El Monte
Jason Mikaelian, Deputy Director
(626) 580-2064
[email protected]
On-call planning services
September
2017 – 2018 City of Fullerton
Matt Foulkes, Planning Director
(714) 738-6878
[email protected]
On-call zoning administrator
services
February 2018-
2020
City of Fountain
Valley
Brian James, Planning and Building
Director (retired)
(714) 593-4426
[email protected]
On-call planning services
April 2018-2020 City of Brea
Jennifer Lilley, City Planner
(714) 990-7674
[email protected]
On-call planning services
January 2019-
2021 City of Cypress
Doug Dancs, Public Works Director
(714) 229-6748
[email protected]
On-call planning services

4.11.b
Packet Pg. 223 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 8 Term Lead Agency Contact* Project Description
March 2019 –
2022 City of Aliso Viejo
Omar Dadabhoy, Planning Director
(949) 925-2500
[email protected]
On-call planning services
March 2019 –
2020 City of Stanton
Jarad Hildenbrand, City Manager
(714) 379-9222
[email protected]
On-call planning services
June 2019 –
2021
City of Hermosa
Beach
Ken Robertson (retired)
(310) 318-0242
[email protected]
On-call planning services
March 2020-
2021
City of South
Pasadena
Kinaka Kith, Planning Manager
(626) 403-7227
[email protected]
On-call planning services
* Contact information provided is current as of the date the contract was completed.

Current On-Call Planning Services Contracts
Term Lead Agency Contact Project Description
July 2017-
Present City of Placentia
Joe Lambert, Director of Development
Services
(714) 993-8234
[email protected]
On-call planning and
building services
July 2017 -
Present
City of Santa Fe
Springs
Wayne Morrell
Director of Planning
(562) 868-0511
[email protected]
On-call planning services
August 2017 -
Present City of Villa Park
Steve Franks
City Manager
(714) 998.1500
[email protected]
On-Call planning and
building Services
August 2017 -
Present
City of Newport
Beach
Jim Campbell
Deputy Community Development
Director
(949) 644-3210
[email protected]
On-call planning services
August 2017 -
Present City of Lake Forest
Gayle Ackerman
(949) 461-3463
[email protected]
On-call planning services
November 2017
- Present
City of Huntington
Beach
Jennifer Villasenor, Deputy Director
(714) 374-1661
[email protected]
On-call planning services
November 2017
– present
City of Laguna
Beach
Russell Bunim, AICP
Planning Manager
(949)497-0719
[email protected]
On-call planning services

4.11.b
Packet Pg. 224 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 9 Term Lead Agency Contact Project Description
February 2019 -
present City of Oceanside
Jonathan Borrego, AICP
Development Services Director
(760) 435-4373
[email protected]
On-call planning services
March 2019 -
Present City of Downy
James McQueen
Director of Human Resources
(562)904-7292
[email protected]
On-call planning services
June 2019-
Present
City of Rancho
Santa Margarita
Cheryl Kuta, Assistant City Manger
(949) 635-1816
[email protected]
On-call planning services
August 2019 -
Present City of Riverside
Brian Norton
Principal Planner
(951) 826-2308
[email protected]
On-call planning services
April 2020 –
Present City of Costa Mesa
Jennifer Le, Director of Economic and
Development Services
(714) 754-5278
[email protected]
On-call planning and
environmental services
October 2022-
Present City of Arcadia
Lisa Flores, Planning and Community
Development Administrator
(626) 574-5445
[email protected]
On-call planning services
August 2020-
Present City of Artesia
Okina Dor, Community Development
Director
(562) 865-6262 ext. 227
[email protected]
On-call planning services
May 2021 –
Present City of Orange
Anna Pehoushek, AICP, Assistant
Community Development Director
(714) 744-7228
[email protected]
On-call planning and
environmental services
October 2022-
Present City of Buena Park
Matt Foulkes, Community and Economic
Development Director
(714) 562-3610
[email protected]
On-call planning services
June 2021-
Present City of Monrovia
Teresa Santilena, AICP, Associate
Planner
(626) 932-5526
[email protected]
Housing Element
implementation
December
2022- Present
City of San Juan
Capistrano
David Contreras, Principal Planner
(949) 443-6320
[email protected]
On-call planning services
February 2023-
Present
City of Mission
Viejo
Elaine Lister, Director of Community
Development
(949) 470-3000
[email protected]
On-call planning services

4.11.b
Packet Pg. 225 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 10 C. RESUMES/QUALIFICATIONSOF KEY PERSONNEL
The Sagecrest team is comprised of a diverse group of planners and other professionals with expertise in urban planning and design, environmental planning, public policy, and project management. Our team is recognized for the collaborative and insightful approach that results in high quality work and proven results.

The following team is proposed as key personnel to provide services for the City of Laguna Hills.

Each team member profile includes a summary of their professional background and proposed role. Resumes of all team members are also provided below.

AMY VAZQUEZ, PRESIDENT
Amy has been a professional planner since 1999 and is the CoFounder and President of Sagecrest Planning + Environmental- an award winning, full service, professional planning firm providing planning, land use and environmental consulting services to public agencies throughout California. She is a practiced planner who has experience successfully managing large and
controversial planning projects for the Cities of Anaheim and San Clemente. Amy has earned a Bachelor of Arts degree in
Environmental Analysis and Design with a minor in Urban and Regional Planning from UC Irvine.

LINDSAY ORTEGA, AICP, VICE PRESIDENT
Lindsay is a certified planner and has worked in the areas of planning, development, marketing, and community outreach since 2006. Lindsay has been with Sagecrest since 2017. She has experience managing entitlement applications and
environmental documents in over 70 jurisdictions throughout California and has worked in cities as a planner including Anaheim, Huntington Beach, San Juan Capistrano, and Brea.

Lindsay leads a team of experienced project planners
responsible for managing and processing a variety of
environmental documents and project entitlements. She has a degree in Political Science and Public Affairs from UCLA and a Master of Urban and Regional Planning from the University of California, Irvine.

4.11.b
Packet Pg. 226 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 11 DAVID BLUMENTHAL, AICP, SENIOR PROJECT MANAGER/PRINCIPAL PLANNER David has worked as a professional planner since 1998, with experience in cities throughout Orange and Los Angeles counties.

David joined Sagecrest in 2019. He has managed complex projects including Specific Plans, Zoning Code rewrites, General Plan updates, Site Plan Reviews, Conditional Use Permits, and similar applications. He is skilled at code analysis and the preparation of ordinances to eliminate constraints to housing. David has strong interpersonal skills and the ability to effectively communicate with elected officials, staff, and the public. David has a Bachelor of Arts degree in Environmental Analysis and Design from UC Irvine.

LAUREL REIMER, AICP, SENIOR PROJECT MANAGER/PRINCIPAL PLANNER Laurel has nine years of experience in urban planning with over three years in the public sector focusing on entitlements, compliance, and meeting client needs through creative problem solving. Laurel joined the Sagecrest team in 2017. She has worked in several jurisdictions throughout the West Coast and thus understands government procedures, laws, ordinances, and zoning. Laurel is a Senior Project Manager for company’s private entitlement projects. Laurel is a board member of the American Planning Association, Orange Section.

NICK LAGURA, AICP, SENIOR PLANNER
Nick has worked as a professional planner since 2000, with experience in cities throughout northern and southern California.

He has managed complex development entitlements for
residential, commercial, and industrial projects. He is skilled at advising architects, engineers, developers, contractors, realtors, business owners, and homeowners regarding planning and
zoning policies and regulations as related to the city’s development review process. Nick has a Bachelor of Arts degree in Urban Studies from San Francisco State University.

4.11.b
Packet Pg. 227 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 12 SIMIN ZAKAVAND, PROJECT MANAGER/ASSOCIATE PLANNER
Simin has worked in the areas of planning, development, and engineering since 2015. She has extensive experience managing entitlement applications throughout Southern California and has worked in cities as a contract staff planner, including Costa Mesa and Westminster. She has managed complex projects
including ADU Design Guidelines, Conditional Use Permits, Minor Conditional Use Permits, and Development Reviews.

Simin has strong graphic and software skills including AutoCAD, SketchUp, and InDesign that makes her an asset when
coordinating with other technical disciplines on a project development team. She has a Bachelor of Urban Development Engineering and a Masters of Urban and Regional Planning from the University of California, Irvine.

KELLY RIBUFFO, PROJECT MANAGER/ASSOCIATE PLANNER
Kelly has worked in the areas of current planning and historic preservation since 2011 and joined Sagecrest in 2022. As a public sector planner in Florida and California she has extensive experience processing a variety of complex entitlement projects including conditional use permits, variances, site plans, environmental review, and design review permits for residential, commercial, and institutional projects. Kelly also specializes in historic preservation design review for 19th and 20th century historic resources. She was historic preservation planner for the City of Orange from July 2014 to June 2022. She has a Master of Science in Historic Preservation from the University of Oregon.

She meets the Secretary of Interior’s Professional Qualification Standards in the disciplines of History and Architectural History.

4.11.b
Packet Pg. 228 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 13 ALEJANDRO DE LOERA, ASSISTANT PLANNER
Alejandro is a professional and diligent planner with three years of experience in the public sector and joined Sagecrest in 2022.

He has worked for the Cities of Claremont, El Monte, Alhambra, Buena Park, and Santa Fe Springs. He has excellent
communication skills and is well versed in public speaking and presenting to the public, staff, and Planning Commission. He has a Bachelor of Science in Urban and Regional Planning from California State Polytechnic University, Pomona.

SARAH ZUGHAYER, ASSISTANT PLANNER
Sarah is a professional planner with three years of experience in the public and private sectors. She has worked as a contract staff member for the Cities of Lake Forest and Riverside. She has experience in preparation and review of zoning applications, zoning plan check, and municipal code research, and preparation of staff reports for review by Planning Commission. She has a Bachelor of Science in Urban and Regional Planning from California State Polytechnic University, Pomona.

4.11.b
Packet Pg. 229 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 14 AMY VAZQUEZ

QUALIFICATION SUMMARY
Amy has been a professional planner since 1999 and is the Co-Founder and President of Sagecrest Planning+Environmental; an award winning, full service, professional planning firm providing planning, land use and environmental consulting services to public agencies throughout California. She is a practiced planner who has experience successfully managing large and controversial planning projects for the Cities of Anaheim and San Clemente. Amy is also the Past Section Director Elect for the Orange Section of the American Planning Association and has been an active board member for nearly a decade.

PROFESSIONAL EXPERIENCE
Sagecrest Planning+Environmental February 2017 – Present President
• Manages a team of approximately 30 professionals including professional planners, code enforcement officers, building and safety personnel, contractors and other staff who provide services to client cities throughout Southern California. • Preparation and oversight of multiple professional planning contracts throughout Southern California.
• Business development, diversification, client relations and staff recruitment, retention and discipline.
• Maintains relationships with current clients and employees/contractors.

City of San Clemente March 2017 – June 2018
Contract Senior Planner
• Primarily conducted high level current and advance planning projects through project management implementing the goals, objectives, policies and priorities of the City. • Contract planner responsible for the Marblehead Coastal Specific plan. • Managed the entitlements for the Outlets at San Clemente and the construction activities of the Sea Summit residential development.

City of Anaheim May 2014 – March 2017
Contract Planner
• Responsible for project management of expedited entitlements and complex development applications.
• Reviewed and processed general plan amendments, re-classifications, subdivisions, annexations, conditional use permits and variances.
• Performed field inspections to gather data relevant to the development review process and/or to verify that development projects comply with approved plans. • Scheduled and conducted meetings with other city departments and elected officials.

4.11.b
Packet Pg. 230 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 15 • Presented reports and other findings to staff, Planning Commission, and City Council.

Lilley Planning Group January 2015 – April 2017
Principal
• Managed a team of over a dozen planners assigned throughout Southern California. • Principal in charge of marketing and networking, client relations and staff retention. • Drafted and submitted proposals, participated in interviews and fulfilled client requests for contract planning services.

City of Anaheim June 2001 – November 2006
Associate Planner
• Reviewed and processed complex general plan amendments, zoning code amendments, reclassifications, subdivisions, conditional use permits and variances. • Processed entitlement requests and development agreements for mixed-use projects within the Platinum Triangle that included various planning studies and development applications.
• Prepared and reviewed proposal requests for consultant contracts for environmental studies and managed the entire CEQA review process.
• Performed field inspections to gather data relevant to the development review process and/or to verify that development projects comply with approved plans. • Scheduled and conducted meetings with other city departments, applicants and consultants.
• Prepared and presented staff reports that included project analysis, project findings, and project recommendations for the City Council and Planning Commission • Practiced excellent customer service at the public zoning counter. • Supervised and mentored several Planning Aides, Assistant Planners and Planning Interns.

City of Huntington Beach June 1998 – June 2001
Planning Technician
• Provided customer service to residents, business owners and developers at the public counter with new development projects residential, commercial and industrial alterations.
• Analyzed, evaluated, and performed technical review of site and architectural plans to verify conformance with appropriate zoning and building regulations. • Conducted records requests for residents, business owner and developers.

EDUCATION
University of California,
Irvine
Bachelor of Arts, Environmental Analysis and Design
Minor, Urban & Regional Planning

4.11.b
Packet Pg. 231 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 16 MEMBERSHIP/AWARDS
• Active member of the American Planning Association (APA) • Currently holds the position of Section Director of Orange Section APA • Recipient of multiple awards from APA Orange Section with Sagecrest Planning+Environmental: 2018 Emerging Planning and Design Firm, 2019 Award of Excellence for Grassroots Initiative

4.11.b
Packet Pg. 232 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 17 LINDSAY ORTEGA, AICP

QUALIFICATION SUMMARY
Lindsay is a certified planner who has worked in the public sector since 2004. She has extensive experience working in the areas of planning, development, marketing, and community engagement and outreach. She has the ability to quickly review and understand the unique complexities of municipal zoning codes, as has managed projects on behalf of cities and private entities in different jurisdictions all over California. She specializes in managing difficult and controversial projects requiring extensive community outreach and engagement, as well as anticipating and addressing major concerns of a project prior to a public hearing.

PROFESSIONAL EXPERIENCE
Sagecrest Planning+Environmental 2017- Present
Vice President
• Provides technical assistance to contract staff placed in jurisdictions • Responsible for marketing and outreach to existing and prospective clients • Manages company and online presence
• Responds to RFPs and prepares written proposals
Lilley Planning Group, City of Anaheim 2016-2017
Contract Planner
• Responsible for managing and processing a variety of project entitlement applications for compliance with local, state, and federal regulations. Such projects include comprehensive sign programs, Conditional Use Permits, infill residential projects, as well as industrial and commercial developments.
• Present projects to Planning Commission, as well as other necessary reviewing bodies; prepare staff reports and associated documents, including preparation of resolutions, conditions of approval, and public hearing notices
• Assist at Planning Counter to review plan checks, sign permits, regulatory and special event permits, and any other over-the-counter requests, as needed.

Lilley Planning Group, City of San Juan Capistrano 2016 Contract Associate Planner
• Managed projects through land use entitlement process such as Architectural Control reviews, Conditional Use Permits, Grading Plan Modifications, Sign Programs, Historical Structure Modifications/Reviews, and environmental reviews as needed • Reviewed project plans to determine compliance with applicable zoning codes, ordinances, policy directives, and regulations
• Presented projects to Planning Commission, as well as other necessary reviewing bodies; prepare staff reports and Planning Commission meeting packets, including preparation of resolutions, conditions of approval, ad public hearing notices

4.11.b
Packet Pg. 233 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 18 • Reviewed development projects in order to make necessary findings; attend study sessions or adjourned meetings as directed.

Lilley Planning Group, City of Brea 2016
Planning Specialist
• Project management of land use entitlement projects such as Conditional Use Permits, Plan Review
• Reviewed project plans for compliance with applicable development standards, ordinances, and regulations
• Assisted customers at the public counter and over the telephone; answered questions; explained procedures, assisted the public in completing forms and applications; received forms and applications; handled complaints and resolved problems • Reviewed plan checks, sign permits, temporary sign permits, and any other over-thecounter requests • Presented projects to Planning Commission, as well as other necessary reviewing bodies; prepared staff reports and Planning Commission meeting packets, including preparation of resolutions, conditions of approval, and public hearing notices, and presented staff reports to Planning Commission.

Core Development Services 2014-2016
Zoning Manager
• Responsible for securing all necessary governmental zoning approvals and entitlements for existing and new wireless facility modifications and renewals throughout Southern California, with an average load of 100 sites from various carriers and tower companies • Extensive review of jurisdiction-specific zoning code and regulatory land use policies to make necessary findings for approval, troubleshoot design to ensure speed to market approval
• Gathered necessary third-party services for permit submittals, represent the client at public hearings, follow the project to completion ensuring all jurisdictional Conditions of Approval are met
• Conduct all necessary due diligence research and project milestone forecasts for projects to meet client expectations
Community Action Partnership 2011-2014
Zoning Manager
• Responsible for the management of all funding received to ensure compliance and parameters of funding received through the collection and tracking of programmatic performance indicators and outcomes.

4.11.b
Packet Pg. 234 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 19 • Oversaw and ensured private and public contract compliance, including CSBG, CDBG, USDA, County of Orange, OC United Way Funding, and other private, corporate, and foundation contracts.
• Prepared and completed contract reports, private and public requests for proposals, and strategic project implementation plans.
• Researched local demographic data to secure funding for program development in highneed areas of Orange County.

EDUCATION
University of California, Irvine Masters of Urban and Regional Planning University of California, Los Angeles Bachelor of Arts in Political Science

MEMBERSHIPS
American Planning Association
American Institute of Certified Planners
SKILLS
Adobe Acrobat
Adobe Photoshop
Microsoft Office Suite
Wrike

4.11.b
Packet Pg. 235 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 20 DAVID BLUMENTHAL, AICP

QUALIFICATION SUMMARY
David is an experienced and dedicated planner with over 20 years’ of experience. He has managed complex projects including Specific Plans, Zoning Code rewrites, General Plan updates, Site Plan Reviews, Conditional Use Permits, and similar applications. He is skilled at the preparation of public notices, CEQA documentation, and staff reports. David has strong interpersonal skills and the ability to effectively communicate with elected officials, staff, and the public. David’s expertise is ensuring our governmental clients comply with current State housing regulations (ADU, Density Bonus, Inclusionary Housing, SB 330and SB 9).

PROFESSIONAL EXPERIENCE
Sagecrest Planning+Environmental 2019- Present
Senior Project Manager
• Prepares General Plan amendments, Zoning Code amendments, and specific plans to facilitate site development and ensure compliance with State regulations. • Manages complex current planning project entitlement on behalf of jurisdictions. This includes analyzing projects for compliance with current code, coordinates interdepartmental review, ensure compliance with CEQA, prepares and presents staff reports to Planning Commission and City Council.
• Researches and prepares informational reports on complex planning topics to assist decision makers.
• Coordinates multidisciplinary team for residential, commercial, and industrial entitlement application submittal and processing.

City of Downey 2006-2019
City Planner
Principal Planner
Senior Planner
Building and Safety Supervisor
• Managed Planning Division within Community Development Department. The division has an annual budget of $1.5 million.
• Responsibilities included supervising and distributing workload to the planners, monitoring changes to State law to ensure City remains in compliance, reviewing staff reports, prepare annual budget, ensuring Planning Commission agenda and packet are prepared, working with developers and property owners to ensure projects meet the quality standards expected by the City, ensure planners are coordinating their projects among the various departments, responding to customer and community complaints, and conducting performance evaluations.
• Managed complex projects, such as Specific Plans, Zoning Code rewrites, General Plan updates, Site Plan Reviews, Conditional Use Permits, and similar applications.

4.11.b
Packet Pg. 236 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 21 • Prepared public notices, CEQA documentation, and staff reports. • Responded to public and media inquiries and presented projects to the Planning Commission and City Council.
• Implemented new technology for use by Staff.
• Prepared and submitted applications for grant funding for various projects. • Managed Building and Safety Division (includes Building Official, Inspectors, Permit Technicians, and Clerical Staff), set division policies, conducted staff performance reviews, reviewed invoices for payment, preparation of division budget, respond to customer inquiries and complaints at the building counters, and oversaw updates to the building code.

City of Rancho Palos Verdes 2002-2006
Associate Planner
• Reviewed and processed current planning applications for residential and commercial projects.
• Performed analysis for compliance with city codes and potential view impacts. • Reviewed projects for compliance with CEQA, prepared and presented staff reports to Planning Commission and City Council.
• Served as staff liaison to City’s Equestrian Committee.

City of Garden Grove 1999-2002
Associate Planner
Assistant Planner
• Reviewed and processed current planning applications for residential commercial and industrial projects.
• Performed analysis for compliance with city codes.
• Reviewed projects for compliance with CEQA.
• Prepared and presented staff reports to Planning Commission.

City of Fountain Valley 1998-1999
Planning Intern
• Assisted planning, housing, and code enforcement staff with project research, filing, and preparation of correspondence.

EDUCATION
University of California, Irvine Bachelor of Arts with major in Environmental Analysis and Design
California State University, Fullerton Certificate in
Environmental Compliance

4.11.b
Packet Pg. 237 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 22 MEMBERSHIPS
American Planning Association (APA)
American Institute of Certified Planners (AICP)
SKILLS
Microsoft Office Suite (Expert)
Adobe Acrobat (Expert)
Adobe Photoshop (Intermediate)
ArcGIS (Intermediate)

4.11.b
Packet Pg. 238 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 23 LAUREL REIMER, AICP

QUALIFICATION SUMMARY
Laurel has worked in both public and private sector planning since 2008. She has a clear understanding of government procedures, laws, ordinances, and zoning based on her work experience in over 100 jurisdictions throughout the West Coast. She has worked on complex projects including comprehensive General Plan updates, code amendments, active transportation plans, and various entitlements. Laurel is an engaged public speaker and writer who uses data-driven research to persuade audiences to obtain project approvals. She is an excellent project manager who effectively directs time, priorities, and teams to meet objectives.

PROFESSIONAL EXPERIENCE
Sagecrest Planning+Environmental 1/2020 – Present
Senior Project Manager
• Prepare Zoning Code amendments for public sector clients to facilitate development and ensure compliance with State regulations.
• Coordinate multidisciplinary teams to navigate the entitlement and permitting processes for residential, commercial, and industrial projects.
• Research agency ordinances, processes, timelines, and fees to develop due diligence reports, entitlement schedules, and budgets.
• Manage preparation of technical studies for entitlement and CEQA review, including Air Quality, Biological, Cultural, Geotechnical, Greenhouse Gas, Historic, Hydrology, Noise, Phase I/II, Traffic, and Water Quality Management Plans.
• Work with consultants to prepare project plans, including site plan, elevations, landscape design, on- and off-site improvements, and utilities.
• Obtain all entitlements, plan approvals, permits, and releases.

City of Santa Fe Springs 9/2016 – Present
Contract Senior Planner
• Provide information and assistance to developers, property owners and the public regarding laws, regulations, standards, policies, and procedures related to the submission of plans, processing of applications and implementation requirements; investigates and answers the more complex questions from the public regarding planning, zoning and environmental issues. • Review formal applications, development proposals, CEQA documents, and construction plans to ensure compliance with city policies, ordinances, and codes. • Draft and coordinate adoption of code amendments; singlehandedly wrote the wireless telecommunications facilities chapter of the municipal code. • Prepare and present reports to the Planning Commission, City Council, and community groups; prepare public notices.

4.11.b
Packet Pg. 239 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 24 • Facilitate interdepartmental coordination of planning projects and confers with personnel from other departments and agencies in coordinating work activities. • Supervise staff involved in compiling, researching, analyzing, and evaluating planning and zoning data. Supervisory duties include interviewing, selecting, training, assigning and reviewing work, evaluating and disciplining subordinate staff, and communicating department policies and objectives to staff.
• Staff lead for the Santa Fe Springs Active Transportation Plan and First-Last Mile Plan for the Metro L Line extension Norwalk Boulevard station.
• Comprehensive General Plan and Targeted Zoning Code Update project team member.

Core Development Services 9/2012 – 7/2016
Senior Project Manager/Project Manager/Zoning Manager
• Managed the entitlement processes for telecommunications facilities by researching, interpreting, and applying government laws, codes, ordinances, and regulations. • Independently launched the Portland office and oversaw all Pacific Northwest entitlements and lease negotiations.
• Went from zero market presence to securing 40 new projects within six months of office opening by leading business development, client relations, and sales. • Managed over 300 West Coast projects and four staff while simultaneously overseeing all aspects of project life cycle.
• Delivered shovel ready projects by obtaining permit approvals and fully executed leases. • Creatively solved problems stemming from changes in codes, public opinion and site violations while considering budgets, scheduling, and client needs. • Presented client projects and persuaded decision makers at various public meetings. • Achieved fastest promotion to Senior Project Manager in company history.

ADDITIONAL PUBLIC SECTOR EXPERIENCE
Clackamas County Emergency Management 10/2008 – 9/2009
Hazard Mitigation Specialist
• Proposed mitigation strategies to meet community resiliency and sustainability goals by writing FEMA-approved Natural Hazards Mitigation Plans for 10 cities in Clackamas County. • Identified stakeholders, organized steering committees, and facilitated community meetings to evaluate the adequacy of community facilities and infrastructure and develop comprehensive natural hazard risk assessments.
• Reached consensus by collaborating with the community to prioritize projects.

Municipal Water District of Orange County 4/2011 – 9/2012 Water Use Efficiency Intern
• Determined the impact of water reduction programs through analytical statistical evaluation. • Prepared clear and comprehensive reports for water reduction programs by organizing data using Excel and Access.

4.11.b
Packet Pg. 240 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 25 City of Villa Park 6/2012 – 9/2012
Planning Intern
• Reviewed plans and answered questions related to city codes, ordinances, and regulations. • Updated planning and building documents to ensure consistency with the municipal code.

City of Brea 6/2012 – 9/2012
Community Development Intern
• Wrote RFPs, created outreach pieces and designed trail signage for the Tracks at Brea project. • Researched and established a process for translating the greenhouse gas inventory into the Climate Registry.
• Facilitated tabletop discussions at neighborhood meetings.

EDUCATION
University of California, Irvine
Master of Urban and Regional Planning, 2012
University of California, Los Angeles
Bachelor of Arts in Geography/Environmental Studies, Minor in Urban & Regional Studies, 2008

CERTIFICATIONS/MEMBERSHIPS
• American Institute of Certified Planners, 2019
• American Planning Association, Orange Section Board Member, 2017 – Present • Orange County Transportation Authority, Citizens Advisory Committee, 2013 – Present • Association of Environmental Professionals, 2022 – Present

4.11.b
Packet Pg. 241 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 26 NICK LAGURA, AICP

QUALIFICATION SUMMARY
Nick is an experienced professional planner with experience working for cities in both northern and southern California.

PROFESSIONAL EXPERIENCE
Sagecrest Planning+Environmental
Senior Planner (City of Mission Viejo)
2023 - Present
• Manage routine and complex residential projects including processing new accessory dwelling units and a high-profile multi-family residential project that includes a State Density Bonus component
• Review construction documents including architectural building plans, landscaping and irrigation plans, and civil and grading plans.
• Advise architects, engineers, developers, contractors, realtors, business owners, and homeowners regarding planning and zoning policies and regulations as related to the city’s development review process.

City of Garden Grove
Urban Planner
2022-2023
• Manage routine and complex residential projects including processing new accessory dwelling units and a high-profile multi-family residential project that includes a State Density Bonus component
• Review construction documents including architectural building plans, landscaping and irrigation plans, and civil and grading plans.
• Advise architects, engineers, developers, contractors, realtors, business owners, and homeowners regarding planning and zoning policies and regulations as related to the city’s development review process.

City of Mission Viejo 2018-2022
Associate Planner
• Manage routine and complex commercial, residential, and industrial projects while processing various entitlements including General Plan Amendments, Zone Changes, Conditional Use Permits, Planned Development Permits, Variances, and Special Permits. • Ensure project compliance with State environmental review (CEQA) requirements and processes including requirements from State and local regulatory agencies and California Native American tribes.
• Research, collect, and analyze data; review transportation impact reports, noise studies, biological and cultural resource assessments, and other technical reports in order to ascertain project environmental impacts.

4.11.b
Packet Pg. 242 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 27 • Review construction documents including architectural building plans, landscaping and irrigation plans, and civil and grading plans.
• Prepare professional correspondences, memos, staff reports, and graphic displays. • Give presentations and staff recommendations to Design Review Committee, Planning Commission, and City Council.
• Advise architects, engineers, developers, attorneys, contractors, realtors, business owners, and residents regarding planning and zoning policies and regulations as related to the city’s development review process.
• Work on special projects including grant writing and administration (LEAP and PLHA Grant Programs), coordinate and review work by professional consultants, and coordinate review of development proposals by staff from other city departments and outside agencies, ensuring timely and responsive service.
• Update and maintain a status report consisting of current development entitlement applications and capital improvement projects for the Planning and Transportation Commission; assist preparation and setup of Planning and Transportation Commission meetings as needed.
• Assist various customers, including business owners and residents, in order to process discretionary permit application submittals and coordinate pre-application meetings. • Train and mentor new and less experienced planners, building permit technicians, code enforcement officers, and supervise administrative staff. • Work with Code Enforcement and Building Services personnel and the Sheriff’s Department to respond to and resolve difficult and sensitive inquiries and complaints.

City of Citrus Heights 2004-2017
Associate Planner
• Job description and experience as Associate Planner with the City of Citrus Heights is almost identical to job description and experience as Associate Planner with the City of Mission Viejo.

City of Citrus Heights 2001-2004
Assistant Planner
• Managed routine projects and processed various entitlements including Tentative Maps, Conditional Use Permits, Planned Development Permits, Variances, and Special Permits.
• Ensured project compliance with State and Federal environmental review (CEQA and NEPA) requirements and processes.
• Reviewed construction documents including architectural building plans, landscaping and irrigation plans, and civil and grading plans.

4.11.b
Packet Pg. 243 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 28 • Prepared correspondences, memos, staff reports, and graphic displays, and presented planning and zoning matters including findings and recommendations to the Planning Commission and City Council.
• Advised architects, engineers, developers, attorneys, contractors, realtors, business owners, and residents regarding planning and zoning policies and regulations as related to the city’s development review process.
• Coordinated planning tasks with other staff from different departments and outside agencies.
• Worked with code enforcement personnel to resolve zoning violations and neighbor disputes.
• Assisted various customers, including business owners and residents, in order to process application submittals and coordinate pre-application meetings.

City of San Jose 2000-2001
Planner I
• Job description and experience as Planner I with the City of San Jose is identical to job description and experience as Assistant Planner with the City of Citrus Hills.

EDUCATION
San Francisco State University Bachelor of Arts Degree in Urban Studies

MEMBERSHIPS
American Planning Association
American Institute of Certified Planners (Certification No. 29913)

4.11.b
Packet Pg. 244 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 29 SIMIN ZAKAVAND

QUALIFICATION SUMMARY
Simin Zakavand is an Assistant Planner who has experience working in the City of Westminster.

Simin works well in a group and is proficient in Microsoft office, ArcGIS, AutoCAD, Sketchup, and InDesign. These skillsets help her to seamlessly integrate into a work setting and assist with any tasks assigned to her.

PROFESSIONAL EXPERIENCE
Sagecrest- City of Westminster May 2021-Present
Assistant Planner
• Review preliminary and site plan reviews for compliance with the city's development standards.
• Interpret the city zoning code to the public at the Planning Counter. • Maintain record filing and organization of planning files.

Team Fishel Company August 2019-April 2021
Engineering Supervisor
• Planning the project by estimating costs, materials, time, and completing walk-through with the team and client
• Assigning task to the team, and quality controlling the plans created by them before submitting to agencies
• Managing deadlines, cost, and sales of the projects in order to make profit • Managing purchase order, change order, and preparing invoices and progress billing for client and office staff
• Maintain contact with clients and prepare multiple reports for them and office staff Team Fishel Company June2016-August 2019
Designer/AutoCAD Drafter
• Fielding and surveying the job sites to collect data for the engineering drawings • Designing construction plans and underground conduit for fiber optic cable using AutoCAD
• Designing inside and outside plant for telecom industry in public right-of-way and private property
• Preparing construction and permit packages for encroachment permits, Traffic Control and specialty permits (e.g., UPRR, Caltrans, etc.), to the various city, county, state and local municipalities
UCI Capstone Project – Client: Place Works September 2019-June 2020 Researcher

4.11.b
Packet Pg. 245 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 30 My research project addresses the question of how planning and design influence walkability in suburbs and provides recommendations for designing walkable community in The District neighborhood located at city of Tustin, CA. I developed several quantitative measures of built environment and utilized these measures to analyze the planning and design strategies. In addition, best practices study and observation of The District neighborhood were conducted and analyzed.

City of Mohammadiyeh, Qazvin, Iran October 2013-June 2014 City Planning Intern
• Updating current AutoCAD maps of the city
• Assisting with fielding and collecting data for GIS database • Preparing codes, digits and geographic features into the GIS database • Preparing and exporting required maps for a comprehensive plan of Mohammadiyeh

EDUCATION
International University of Qazvin, Iran Bachelor of Science, Urban Development Engineering
University of California, Irvine Master of Urban and Regional Planning Honors & Awards:

MURP Impact Award, UC Irvine, Department of Urban Planning and Public Policy, 2020 • Awarded for outstanding contributions to the community and planning profession Academic Excellence Award, International University of Qazvin, 2013 SKILLS
Proficient in Microsoft office, ArcGIS, AutoCAD, Sketchup, and InDesign.

Languages: English, Persian

4.11.b
Packet Pg. 246 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 31 KELLY RIBUFFO

QUALIFICATION SUMMARY
Kelly is a planning professional with over ten years of continuous experience in municipal planning. Her specialties include comprehensive entitlement review for residential, commercial, and institutional development and design review for historic properties from the late 19th to mid-20th century.

PROFESSIONAL EXPERIENCE
Sagecrest Planning + Environmental
Project Manager
June 2022 - Present
• Manages entitlement applications and prepares CEQA documents for client projects. • Manages preparation of technical studies to support CEQA review, including Air Quality, Biological, Cultural, Geotechnical, Greenhouse Gas, Historic, Hydrology, Noise, Phase I/II, Traffic, and WQMP.
• Coordinates with clients, City staff, subconsultant teams to facilitate processing of complex development projects.
• Peer review of CEQA documents and associated technical studies.

City of Orange
Associate Planner – Historic Preservation
July 2014 – June 2022
Orange is a mid-sized city in Southern California with a historic commercial core. I staff both the Current Planning and Historic Preservation sections of the Community Development Department, providing comprehensive planning, design, and environmental review for all types of development projects inside and outside of the city’s historic districts. • Reviews development applications throughout the city, including multifamily residential, commercial infill, conditional use permits, variances, zone changes, site plan reviews, and administrative design reviews.
• Provides specialized design review of historically designated properties for compliance with the City’s historic preservation design standards, with properties ranging from the late 19th to mid-20th century period.
• Coordination of development project review with other City departments through the internal staff review committee.
• Prepares staff reports, including recommendations and resolutions/ordinances, for presentation before the Design Review Committee, Planning Commission, and City Council.
• Reviews historic, archaeological, and environmental technical reports and performs cultural resources survey work as needed.
• Designated staff planner responsible for processing all development applications related to Chapman University, located within the Old Towne National Historic District. • Administers the City’s Mills Act Tax Exemption program for qualified historic properties.

4.11.b
Packet Pg. 247 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 32 City of Lake Worth Beach
Preservation Planning Coordinator
March 2012 – June 2014
Lake Worth, now Lake Worth Beach, is a small city of approximately 40,000 residents in southeast Florida. I acted as historic preservation officer, providing planning support and project management for the city’s six local historic districts, including three National Register historic districts and three individually-listed National Register properties. • Designated zoning reviewer and project manager for all planning and zoning actions involving local historic properties throughout the City, including site plans, variances, conditional use permits, and certificates of appropriateness for residential and commercial properties.
• Prepared and presented staff reports to the Historic Resources Preservation Board and City Commission.
• Provided customer service at the public counter answering phone calls, emails and inperson questions concerning zoning, entitlements and historic preservation. • Certified Local Government coordinator and administrator of the City's Historic Ad Valorem Tax Exemption program.
• Participated in preparation of amendments to the City's Land Development Regulations (LDRs) and Comprehensive Plan.

National Park Service – Alaska Regional
Office
Historian
June 2011 – September 2011
Hired by the Alaska Regional Office as part of the National Register Initiative program. Two projects were completed during the course of the job. The first was a Determination of Eligibility (DOE) for the Mission 66 employee residences at Glacier Bay National Park and Preserve. The second was the complete draft for a National Register nomination to expand the headquarters historic district at Denali National Park and Preserve. Both projects require on-site field visits and recordation, as well as in-office report writing in a professional office setting.

Crater Lake National Park
Historian
June 2010 – August 2010
Hired in summer 2010 as the Hartell Intern for Historic Preservation. Under the supervision of park historian Steve Mark, two independent research projects were undertaken. The first project was a condition assessment of the Mount Scott Fire Lookout, built in 1952. The second project was a comprehensive survey of extant Mission 66 resources within the park boundaries, with basic descriptions and preliminary recommendations for future maintenance and preservation.

Southarc, Inc.

Archaeological Technician
July 2007 – July 2009

4.11.b
Packet Pg. 248 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 33 Archaeological job responsibilities included performing Phase I shovel test surveys, Phase II and III archaeological excavations, research utilizing library and internet resources, artifact cataloging and analysis, completing compliance paperwork for the State Historic Preservation Office (SHPO), and some technical report writing. Further historic preservation job responsibilities included conducting historic architectural surveys and making determinations of eligibility for the National Register.

EDUCATION
University of Oregon Master of Science in Historic Preservation University of Florida Bachelor of Arts in Anthropology
Bachelor of Arts in Asian Studies

MEMBERSHIPS
Association of Environmental Professionals
SKILLS
Microsoft Office Suite
Granicus/Legistar
Superion TrackIT Permit Software
Architectural Plan Review
Archaeological and Environmental Technical Review

CERTIFICATIONS
Meets the Secretary of the Interior's Professional Qualification Standards for Historic Preservation Professionals in the disciplines of History and Architectural History

4.11.b
Packet Pg. 249 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 34 ALEJANDRO DE LOERA

QUALIFICATION SUMMARY
Alejandro is a professional and diligent planner with approximately three years’ experience in the public sector. He has excellent communication skills and is well versed in public speaking and presenting to the public, staff, and Planning Commission. Alejandro is adept at assuring plans are in compliance with municipal code, and various city plans. These skillsets help him to seamlessly integrate into a work setting and tackle tasks assigned.

PROFESSIONAL EXPERIENCE
Sagecrest Planning + Environmental Present
Assistant Planner
Planning Services: Cities of Alhambra, Buena Park, Santa Fe Springs, and Perris • Reviews ADU submittals for city and state compliance
• Leads development meetings and provides status reports • Processes parking variances, CUPs, and wireless telecom modifications • Prepares and presents Planning Commission items
• Assists in research and writing code for zoning code amendments Development Services
• Coordinates with architects and civil engineers for development of plans to be submitted for entitlements
• Reviews plans to ensure compliance with the zoning code • Lead designer of ArcGIS mapping services for the city • Researches and analyzes statistical data for map generation • Participates and serves on interdepartmental committees City of El Monte 2020
Planning Intern
• Reviewed business licenses, plan sets, and preparation of public notices • Conducted weekly community outreach
• Provided assistance to the public at the planning counter City of Claremont 2020
Planning Intern
• Supported staff and public with planning development projects • Responded to public inquiry and records requests
• Researched and assisted in due diligence reports focused on ADUs, and bike lanes City of El Monte 2021- 2022
Planning Technician

4.11.b
Packet Pg. 250 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 35 EDUCATION
CA State Polytechnic University, Pomona Bachelor of Science in Urban and Regional Planning

CERTIFICATION AND SKILLS
Adobe Acrobat
ArcGIS
Illustrator
InDesign
Lumion
Microsoft Office
OpenGov
Photoshop

MEMBERSHIPS
American Planning Association

LANGUAGES
Fluent in English, Spanish, and conversational German

4.11.b
Packet Pg. 251 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 36 SARAH ZUGHAYER

QUALIFICATION SUMMARY
Sarah is a dedicated Planner with experience in residential, commercial, and industrial projects.

She is skilled in research, due diligence, and comprehension of various municipal codes; and has strong organizational and communication skills and is an effective public speaker.

PROFESSIONAL EXPERIENCE
Sagecrest Planning + Environmental 2022-Present
Assistant Planner (City of Riverside)
• Manage a wide range of development entitlement applications, including but not limited to Minor Conditional Use Permits, Design Reviews, Conceptual Development Reviews and other related planning applications.
• Lead Development Review Committee meetings with City Staff, property owners and applicants.
• Support Current Planning staff with plan checks, property zoning and other planning related research.
• Assist customers at the City’s One Stop Shop Planning Counter and convey Title 19 (Zoning) standards and regulations.
• Conduct property historic records search.
• Utilize Posse permitting software for both entitlement and plan check projects.

Assistant Planner (City of Buena Park)
• Review ADU’s for compliance with local and state law. • Provide plan check corrections and correspondence for applicants through Buena Park’s online permitting portal.
• Conduct bi-weekly staff meetings regarding the status of projects.

Assistant Planner (City of Lake Forest)
• Provided customer service to the public with zoning, development standards, local laws, and property history records at the counter and over the phone. • Utilized Ener-Gov to intake applications and process planning permits. • Reviewed site plans, architectural drawings and maps to ensure consistency with the Lake Forest Municipal Code’s development standards.
• Prepared public notices and mailings for projects requiring Public Hearings. • Processed various entitlements including Conditional Use Permits, ADUs, Entertainment Permits, Changed Plans, and Site Development Permits.

4.11.b
Packet Pg. 252 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 37 Core Development Services 2021-2022
Land Development Manager
• Prepared Entitlement applications to jurisdictions in accordance with projected forecast dates.
• Analyzed local zoning ordinances to make zoning and design recommendations for wireless facilities.
• Reviewed redlined construction drawings to ensure compliance with public agencies and clientele.
• Maintained a personal site tracker in Microsoft Excel to provide status updates for project managers.
• Processed land use entitlements, conduct site research, prepare due diligence and findings reports for various cities in California under supervision of the Senior Planner. • Researched local and state laws, policies, and codes that pertain to obtaining Conditional Use Permits and liquor licenses for clients.
• Authored public convenience necessity letters for alcohol license applications to Alcohol Beverage Control.
• Assisted with office protocols by maintaining paperwork, handling incoming calls and email correspondence, and data entry.

Painted Earth 2015-2020
Art Instructor
• Created four-week lesson plans for student summer art projects featuring a variety of creative art media including: canvas painting, ceramics, and glass fusing. • Designed seasonal display windows and merchandizing for studio storefront. • Assisted store managers by training new employees on store operations, instructing classes, policies, and protocols.
• Key holder who managed closing and opening operations including cash handling.

Starbucks 2016
Barista
• Provided exceptional customer service by completing tasks in a timely manner while working with a team in a fast-paced environment.
• Created handcrafted drinks and demonstrated knowledge about coffee pairings to customers.

Art Rodriguez Associates
2021
Planning Intern

4.11.b
Packet Pg. 253 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 38 EDUCATION
California Polytechnic University, Pomona Bachelor of Science with major in Urban and Regional Planning with an emphasis in
Resiliency, Sustainability, and the
Environment
Minor in Art History and Regenerative Studies

MEMBERSHIPS
American Planning Association
SKILLS
Ener-Gov
App Xtender
Adobe Acrobat
Adobe Photoshop
SketchUp
Microsoft Office
Posse
Laserfische

4.11.b
Packet Pg. 254 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 39 This page left intentionally blank.

4.11.b
Packet Pg. 255 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 40 D.ORGANIZATIONAL CHART
The proposed Organizational Chart reflects the titles and management contacts of key personnel assigned to provide services under this Proposal. Pursuant to the restrictions of the RFP, key personnel identified in the Organizational Chart shall remain during the term of the agreement.

4.11.b
Packet Pg. 256 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 41 TRANSITION PLAN
In the event there are proposed changes in key personnel during the term of the agreement*, Sagecrest proposes the following transition plan be implemented:
• Sagecrest will inform the designated Contract Officer in writing as soon as feasible (with a goal of two-week notice) regarding any unanticipated changes in key personnel beyond our control.
• Sagecrest will coordinate with the Contract Officer to reallocate active projects/activities as needed to ensure that there is no gap in service to the City and applicants. • Sagecrest will pre-screen potential new key personnel that fit criteria for vacant position to ensure a fit with organization goals and staffing needs. • The City/Contract Officer may, at their discretion, interview proposed new key personnel to confirm approval before assigning new key personnel. • Sagecrest will prepare a written agreement to formalize the modification of the contract key personnel list and organization chart and submit to the Contract Officer for final approval.
• Sagecrest will arrange on-boarding internally and with City staff, and reallocation of existing projects and duties as needed.
* Circumstances may include, but are not limited to, City request, resignation of staff, unanticipated emergencies, or similar situations.

4.11.b
Packet Pg. 257 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 42 E. REFERENCES
The team at Sagecrest includes a collaboration of managing principals and staff who have extensive experience in performing work of a similar nature to that solicited in this request for services. Three (3) planning services references are provided. Additional references are available upon request.

Assignment Term/Project Location/Client Client Contact
On-Call Planning
Services July 2017-present City of Santa Fe Springs
Wayne Morrell
Director of Planning
(562) 868-0511
[email protected]
On-call planning services
On-Call Planning
and Environmental
Services
April 2020 – Current City of Costa
Mesa
Jennifer Le, Director of Economic
and Development Services
(714) 754-5278
[email protected]
On-call planning and environmental services
On-Call Planning
Services and
Various Code
Amendments
August 2017-Present City of Newport
Beach
Jim Campbell
Deputy Community Development
Director
(949) 644-3210
[email protected]
On-call planning services

4.11.b
Packet Pg. 258 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 43 This page left intentionally blank.

4.11.b
Packet Pg. 259 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 44 F. PROJECTUNDERSTANDING
Sagecrest utilizes our extensive experience and knowledge to find practical solutions to meeting our client’s needs. Our staff has extensive professional planning experience in the public sector, giving them a unique and thorough understanding of the needs of our municipal government clients. Our approach is to work with City staff and decision makers to ensure the compliance not only with Federal and State regulations but also with local regulations and policy objectives.

We are pleased to submit this proposal to the City of Laguna Hills for on-call Planning Support Services. Based on the list of services in the RFP, the following scope is provided to summarize the services we are qualified to provide:
• Process zoning verifications and various ministerial permits (i.e. temporary use permits, sign permits, etc.), home occupation certificates; receive/intake planning applications. • Perform plan check functions for various projects; review building permit applications for compliance with applicable zoning standards, regulations, policies, approved development plans, and conditions of approval.
• Serve or assist as the project coordinator for discretionary applications (i.e. site development permits, use permits, variances, zone text amendments, zone changes, general plan amendments, and general municipal code amendments) including application and plan review, coordination with other City departments and/or outside agencies, correspondence with applicants, background research, ensuring compliance with the California Environmental Quality Act (CEQA), and monitoring of project implementation to verify substantial conformance with approved plans, conditions of approval, and mitigation measures.
• Prepare or assist with the preparation of technical planning staff reports, ordinances/resolutions, legal notices, CEQA documents, and presentations. • Participate in public hearings and presentations; prepare and present written and oral reports to community groups, Planning Agency, and City Council; develop recommendations and resolutions of determination; serve as staff support and liaison to the Planning Agency; occasionally attend evening and weekend meetings. • Conduct research independently on various land use and planning issues. • Conduct field evaluations and assessments to ensure projects comply with zoning codes, design regulations, and approved plans.

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Packet Pg. 260 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 45 ADDITIONAL SERVICES
Historic and Cultural Resources: The Sagecrest team includes Kelly Ribuffo as a historic preservation expert. Kelly has over fifteen years of experience in cultural resources management, including over ten years of specific experience in historic preservation planning for local government. Kelly also meets the Secretary of Interior’s Professional Qualification Standards in the disciplines of History and Architectural History.

Historic resources services Sagecrest is qualified to provide in-house include:
• Mills Act Program management, including application review, database management, site inspections, and coordination with the Orange County Assessor. • National Register application support, including application review and coordination with the state Office of Historic Preservation.
• Attend meetings and provide in-house trainings on historic preservation regulations and programs for City staff.
• Mitigation monitoring and reporting for CEQA and NEPA compliance. • Develop or improve handouts and procedures on historic preservation topics for City staff and the public.
• Peer review of historic and cultural resources assessments prepared by outside consultants.
• Prepare reports and memorandums for review by City staff and decision-making bodies on individual resource and project-specific topics.

Planning Counter Staffing: Sagecrest can provide customer service support at City Hall for residents and applicants. Tasks may include, but are not limited to, answering basic planning and zoning questions over-the-counter and follow-up research as needed.

STAFFING APPROACH
Because of our extensive experience and focus on providing planning staff to public agencies, Sagecrest is uniquely qualified to deliver high-quality planning services. We have assembled an exceptional team of experienced planners. Our staff has professional planning experience in the public sector, giving them a unique and thorough understanding of the processes and the challenges faced by planning departments. We employ highly qualified and experienced professionals whose skills, qualifications and previous responsibilities are a strong match to the needs of the City of Laguna Hills. We ensure this high level of quality by employing the following practices:
• Our management teams interviews proposed staff before they are assigned to work on a project.

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Packet Pg. 261 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 46 • Our planners have experience working for public agencies prior to working with us, allowing them to integrate seamlessly into department operations. • We know that our reputation is our most valuable asset. With that in mind, we do not overcommit our staff and only accept work that our staff has the qualifications to perform. • Our staff maintains ongoing professional development and we provide extensive training in project management, land use law, California Environmental Quality Act (CEQA), writing and public presentation skills.

Sagecrest will always coordinate with City staff to ensure contract planners have the appropriate level of experience for complexity of projects and tasks assigned.

PROJECT MANAGEMENT
Per the RFP, the City’s Senior Planner will serve as a dedicated project manager that will act as the single point of contact and as the contract officer for these services. Additional project oversight will be provided by the Community Development Director and the City Manager.

Amy Vazquez will serve as primary point of contact for management and contract-related matters on behalf of Sagecrest. Lindsay Ortega will provide additional executive-level contract support. David Blumenthal and Laurel Reimer will provide supervisory support for all assigned contract planners.

Sagecrest is based in San Juan Capistrano, where staff maintain regular office hours, and are accessible as needed for in-person or remote meetings with City staff and applicants. Regular office hours at City Hall may also be established with prior arrangement between Sagecrest and the City.

Please refer to Section G. Communication Plan, for additional information on the proposed methods/frequency of communication between Sagecrest and City staff.

CITY RESOURCES/ASSISTANCE
Sagecrest will provide the following equipment/resources for all assigned contract personnel:
• Transportation to and from City Hall/meeting locations • Individual laptops with Microsoft 10 operation system, Microsoft Office Suite and Adobe Acrobat Pro software
• Communication through Sagecrest email, phone, and Microsoft Teams The City will provide the following resources to contract personnel:
• Assignment of City email and phone number, if desired, for communication with City staff and applicants.

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Packet Pg. 262 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 47 • Workspace/office space in City Hall when in-person meetings or staffing is required. • Access to secure VPN, or City computer if use of personal computer is not permitted by City IT security protocols.
• Access to internal software systems needed to complete assigned tasks, including but not limited to such as building permit review software, agenda software, archive systems, ArcGIS, etc.
• Reprographics, postage, or other office supplies needed to complete assigned tasks, unless otherwise approved for reimbursement by the Contract Officer.

QUALITY AND SCHEDULE CONTROL
Sagecrest reliably meets departmental standards, including quality of work products, courtesy and accessibility, accuracy of reports and information given to the public, and responsiveness.

We proactively manage our caseload to ensure that all projects stay on schedule and in accordance with the City’s adopted timelines. We coordinate with various City departments for comments and build relationships with department representatives to ensure good communication and coordination is maintained throughout the life of each project.

The Sagecrest team includes planners at all levels of experience who work collaboratively to manage projects for our clients. Project planners are provided executive-level support by Amy Vazquez and Lindsay Ortega to ensure timely preparation and quality control of project deliverables as needed. Administrative assistants provide support to ensure timely invoicing.

We understand the importance to the City and to applicants of maintaining established timelines.

In the event that a projectschedule is impacted by delays within or beyond our control, Sagecrest has the capacity to reallocate staff from within our larger team of 20+ contract planners to provide additional resources to ensure timely delivery of project deliverables.

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Packet Pg. 263 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 48 G. COMMUNICATION PLAN
Sagecrest ensures we have a clear understanding of expectations and maintain consistent communication with our clients. We are based in San Juan Capistrano, where staff maintain regular office hours, and are accessible as needed for in-person coordination or remote meetings with City staff and applicants.

Staff are available via phone, email, and Microsoft Teams/remote meeting services during business hours. Meetings outside of business hours, such as for public meetings, will be arranged in advance with the Contract Officer or other designated City staff.

Progress updated on assigns projects and tasks can be given at the frequency desired by City staff, with a recommended frequency of weekly or bi-weekly as needed based on the complexity and/or sensitivity of the project.

Sagecrest recommends that a regular meeting time be established, either weekly or bi-weekly, to assist in allocation of projects/tasks and give contract staff an opportunity to ask code/policy related questions and coordinate responses with City planning staff.

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Proposal for City of Laguna Hills On-Call Planning Support Services 50 H. COMPENSATION/PAYMENT SCHEDULE
Please refer to the sealed envelope for Sagecrest’s proposed fee schedule.

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Packet Pg. 267 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

Proposal for City of Laguna Hills On-Call Planning Support Services 52 I. CERTIFICATE OF INSURANCE
Sagecrest has reviewed the City’s insurance requirements provided in the RFP and Sample Professional Services Agreement. Sagecrest will comply with all aspects of the requirements without the need for change.

Please find below a signed copy of Attachment 2, Consultant’s Acknowledgement of Compliance with Insurance Requirements for Agreement for Professional Services.

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Proposal for City of Laguna Hills On-Call Planning Support Services 56 J. CERTIFICATION OF PROPOSAL
Please find below a signed copy of Attachment 3, Certification of Proposal to the City of Laguna Hills.

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Packet Pg. 275 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four Professional

Proposal for City of Laguna Hills On-Call Planning Support Services H. COMPENSATION/PAYMENT SCHEDULE
(Revised: May 24, 2023)
Sagecrest acknowledges that compensation will be made at the fees and schedule contained in the provided Proposal/Scope of Work and subject to a Maximum Contract Amount as agreed upon by Sagecrest and the City. There will be no adjustable fee schedules at the sole discretion of the firms, nor inclusive of any automatic CPI fee increases, or other forms of automatic fee increases embedded in footnotes, etc. Rates should be set for the full term of the contract, with the PSA including the Section 2.3 Optional CPI Adjustment provision.

Sagecrest will perform consulting services based on the following breakdown of classification of hourly rates for key personnel as identified below:

Position Hourly Rate
Planning Director $220.00
Planning Manager $200.00
Principal Planner $160.00
Senior Planner $140.00
Associate Planner $120.00
Assistant Planner $90.00
Planning Aide $80.00
Minutes Clerk/Planning Administration $60.00
Reimbursable Expenses: Expenses incurred will be billed at actual costs plus hourly rate, if applicable. Reimbursable expenses include, but are not limited to, reprographics, postage, certified mailings, office supplies such as Compact Discs and flash drives, and application filing fees. Approval for necessary expenditures shall be requested in advance from the City’s designated Contract Officer.

Meeting Attendance: Sagecrest acknowledges that time and/or expenses for travel to and from meetings and presentations will not be reimbursed as a separate expense.

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Packet Pg. 276 Attachment: Attachment B – Professional Services Agreement with Sagecrest Planning and Environmental, Inc. (3204 : Award of Four

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1 PROFESSIONAL SERVICES AGREEMENT
T & B Planning, Inc.
(On-Call Planning and Environmental Consulting Services) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective the 1st day of July 2023, by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California, (hereinafter referred to as “City”) and T & B PLANNING, INC., a California corporation (hereinafter referred to as “Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has determined that there is a need to retain the professional services, on an as-needed and on-call basis, of a qualified full-service planning consulting services firm for the purpose of assisting the City with discretionary entitlement processing, advanced planning, and discretionary case environmental review, which professional planning services will include but not be limited to land use planning, municipal code compliance, development application and plan check review services, land use entitlement processing, environmental review, project management and community development services, as well to provide the City with other on-call land use application review, zoning code compliance, and planning and support services that may be required on an as-needed basis (the “Project”).

B. In response to City's Request for Proposals, dated February 7, 2023, Consultant has submitted to City a proposal, dated March 17, 2023, to provide professional on-call environmental review services, as well as a full range of other as-needed consulting environmental review, compliance, and land use planning and support services that may be required on an on-call basis, to City for the Project pursuant to the terms of this Agreement.

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

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

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:

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Packet Pg. 277 Attachment: Attachment C – Professional Services Agreement with T&B Planning, Inc. (3204 : Award of Four Professional Services

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2 AGREEMENT

1. SERVICES OF CONSULTANT

1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Consultant agrees to provide and perform the professional planning and environmental review consulting services to City for the Project as set forth in the Proposal/Scope of Work, dated March 17, 2023, which is attached hereto as Exhibit “A” and is incorporated herein by reference (hereinafter referred to as the “Scope of Services,” the “Services” or “Work”). As a material inducement to the City entering into this Agreement, Consultant acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant’s Services and Work shall be performed in a skillful and competent manner and shall be held to a standard of quality and workmanship prevalent in the industry for such Services and Work and with the standards recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and warrants that it is skilled in the professional discipline necessary to perform the Services and Work and that it holds the necessary skills and abilities to satisfy the standard of work as set forth in this Agreement.

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

1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; and, (2) the Consultant’s signed, original Proposal/Scope of Work dated March 17, 2023 (“Consultant’s Proposal”) and submitted to City, which shall both be referred to collectively hereinafter as the “Contract Documents.” The Consultant’s Proposal is attached hereto as Exhibit “A” and is hereby incorporated by reference and made a part of this Agreement. All provisions of the Contract Documents shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms and conditions of this Agreement; and, (2nd) the provisions of the Consultant’s Proposal (Exhibit “A”).

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

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3 free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations.

1.4 Licenses, Permits, Fees, and Assessments. Prior to performing any Services or Work hereunder Consultant shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, and approvals of whatever nature that are legally required to perform the Work or Services.

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

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

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

1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Consultant's Proposal/Scope of Services (Exhibit “A”) or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating therein any adjustment in (i) the

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4 Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Consultant. It is expressly understood by Consultant that the provisions of this section shall not apply to the Work and Services specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of whether the time or materials required to complete any Work or Service identified in the Scope of Services exceeds any time or material amounts or estimates provided therein.

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

2. COMPENSATION

2.1 Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Consultant shall be compensated by City for the services performed, including authorized reimbursements, on a time and materials basis in accordance with the professional hourly rates and charges set forth in the Schedule of Compensation/Fees, which is attached hereto as Exhibit “A” and is incorporated herein by reference, but not exceeding the total maximum contract amount of Five Hundred Thousand Dollars ($500,000.00) (hereinafter referred to as the "Maximum Contract Amount"). The method of compensation shall be as set forth in Exhibit “A”. Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation/Fees. The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.

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

2.3 Optional CPI Adjustment. The fees, rates, and/or unit prices set forth in Consultant's Proposal (Exhibit “A”) shall remain fixed and unchanged for the first two years of the term of this Agreement (i.e., from July 1, 2023 through June 30, 2025). Thereafter, Consultant may submit a request to adjust its fees, rates, and/or unit prices once per year during the remainder of the term of the Agreement as provided for herein. However, approval of any request to adjust Consultant's fees, rates, and/or unit prices as set forth herein shall be made at the sole discretion of the City Manager, in writing, and is subject to the City’s approved budget.

Such fee, rate, and/or unit pricing adjustment(s), if any, shall not exceed the value of the change

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5 in the Consumer Price Index for the Los Angeles/Orange County area for the preceding one year as published for the month of April of any given year. In no event shall any adjustment of any fee, rate, and/or unit pricing as authorized by this section exceed five percent (5%) per year regardless of CPI or any other cost factors.

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

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

3. SCHEDULE OF PERFORMANCE

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

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

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

When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant such an extension.

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

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6 delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section.

3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and shall continue in full force and effect for a period of five (5) years, commencing on July 1, 2023 and ending on June 30, 2028, unless extended by mutual agreement of the Parties.

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

4. COORDINATION OF WORK

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

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

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

Consultant shall not contract with any other entity to perform the Services required without prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in

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7 the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City.

4.4 Independent Contractor.

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

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

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

Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing any Work or Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of

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8 any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, representatives, agents, or subconsultants or subcontractors, Consultant shall defend, indemnify, and hold harmless City from and against all such financial obligations.

4.5 PERS Eligibility & Indemnification.

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

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

5. INSURANCE

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

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

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

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

Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims

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9 or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.

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

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

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

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

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

3. In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or

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10 until completion of the Work or Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Work or Services under the terms of this Agreement.

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

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

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

1. Additional Insured: The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and

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

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

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

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

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

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

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

5.9 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this

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12 Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

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

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

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

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

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

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

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

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

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

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

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

6. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses, penalties, judgments, arbitration awards, settlements, damages or injuries of any kind, in law or in equity, including but not limited to property or persons, including wrongful death, (collectively “Claims”) in any manner arising out of, pertaining to, related to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officers, directors, employees, subcontractors, consultants or agents, in connection with Consultant’s performance under this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent that the Work or Services performed by Consultant are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless, and indemnify the City, its elected and appointed officials, officers, employees, agents, and volunteers, shall not apply to such claims or liabilities arising from the sole or active negligence or willful misconduct of City.

7. REPORTS AND RECORDS

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

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

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14 7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement.

For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

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

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

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

8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted

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

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

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

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

8.4 Default of Consultant.

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

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

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

8.4(B), take over the work and prosecute the same to completion by contract or otherwise, and

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16 the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided herein.

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

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

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

8.8 Attorneys’ Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in

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17 any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of any state statute or regulation. Consultant represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.

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

10. MISCELLANEOUS PROVISIONS

10.1 Patent and Copyright Infringement.

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

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

10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of

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18 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

To Consultant: T & B Planning, Inc.

Attention: Tracy Zinn, President/CEO
3200 El Camino Real, Suite 100
Irvine, California 92602
Telephone: (714) 505-6360

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

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

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

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

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

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

10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she

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19 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.

10.9 Labor Code Requirements.

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

The foregoing indemnity shall survive termination of this Agreement.

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

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

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1770344.1
EXHIBIT “A”
CONSULTANT’S PROPOSAL/ SCOPE OF WORK
FOR

ON-CALL PLANNING AND ENVIRONMENTAL REVIEW SERVICES
DATED: MARCH 17, 2023

SCOPE OF SERVICES FOR PROJECT

INCLUDING,

SCHEDULE OF PERFORMANCE
AND

SCHEDULE OF COMPENSATION/ FEES

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La Entrada is 2,200 acre hillside master planned community located along the eastern foothills of the Coachella Valley. It is planned to be the new gateway into the City of Coachella from the east. The property is a hillside development that will provide approximately 6,000 new homes within three villages at a variety of price points. The three villages are separated by two major wash/drainage zones yet linked with a central spine road and pedestrian paseo system approximately two miles long. The proposed “keystone” to the project will be a regional soccer facility with soccer / multi-functional The Sovovatum Village Town Center is envisioned as a gateway to the Soboba Band Luiseno Indian Tribe’s entire reservation. The site is located immediately adjacent to Tribe’s newly constructed hotel and casino. KTGY was hired to prepare a master plan for the overall site and phase one architecture for the Soboba Economic Developme Corporation. The vision allows for a variety of uses to occur, including food and beve shops, recreational uses, a convenience store, fueling station, car wash and commun gathering area all organized to serve as an attractive entrance to the Tribe’s landhold while complementing the hotel and casino. The design for the Town Center reflects agrarian heritage and the beauty of the surrounding setting incorporating water an authentic to the history of their use of the land. Striking architectural and hardscape lfd hiliiil d lPhikl
201902903- Photography © Photographer Name

SOVOVATUM VILLAGE
San Jacinto, CA
Soboba Economic Development Corporation
Typology
Planning | New Community
Commercial
Retail
Recreation
Services
Master Planning
Visioning
Prepared For: City of Laguna Hills
Prepared By: T&B Planning
March 17, 2023

PROPOSAL FOR

ON CALL PLANNING SUPPORT SERVICES

ORIGINAL

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Cover Letter
A

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2 on call planning support services - laguna hills
March 17, 2023
Jay S. Wuu
Senior Planner
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653
RE: Request for Proposal - On-Call Planning Support Services Mr. Wuu,
T&B Planning, Inc. is pleased to submit this proposal in response to the Request for Proposals (RFP) for the OnCall Planning Support Services. T&B Planning, Inc. is a planning and environmental consulting firm with extensive experience in providing high-quality services to local government agencies and private clients.

T&B Planning has a proven track record of successfully providing planning and environmental services for a variety of projects, including land use planning, development permitting, and environmental review. Our team is dedicated to ensuring that all projects are completed in compliance with local and state regulations while also meeting the needs and objectives of our clients.

At the helm of our planning division services is Les Johnson, an accomplished Director with over 28 years of experience in municipal planning, management, and business assistance. His extensive knowledge has been honed through numerous complex master planning development projects. Brady Woods, our Development Project Manager, brings over 20 years of experience in municipal planning and land use consulting. He has prepared and processed a broad range of planning policy documents and entitlement applications. Mr. Johnson and Mr. Woods would both be directly involved in providing the planning support services the City of Laguna Hills is requesting.

We are confident that T&B Planning has the necessary qualifications and experience to provide the highest level of professional services to the City of Laguna Hills. We are excited about the opportunity to work with the City on this important project and look forward to the possibility of discussing our proposal further. Please do not hesitate to contact Les Johnson at [email protected] if you have any questions.

Sincerely,
T&B Planning, Inc.

Tracy Zinn
President/CEO
714.397.4224

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Company Data
B

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COMPANY DATA

1. Official name and address.

T&B Planning, Inc.

Corporate Office: 3200 El Camino Real, Suite 100, Irvine, CA 92602

2. Name, address, and telephone number of the Proposer’s primary point of contact.

Les Johnson
3200 El Camino Real, Suite 100, Irvine, CA 92602
Work: 714.505.6360 Ext.111
Cell: 760.275.2487

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

The company is a California “S” Corporation, Women’s Business Enterprise (WBE).

4. Federal Employer I.D. Number.
27-0964498

5. The address, telephone numbers and authorized email addresses of each of your firm’s locations.

Irvine - 3200 El Camino Real, Suite 100, Irvine, CA 92602, (714) 505-6360 San Diego - 4909 Murphy Canyon Road, Suite 405, San Diego, CA 92123, (619) 501-6041 Murrysville - PO Box 438, Murrysville, PA 15668, (724)-327-3760

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

T&B Planning is owned by Tracy Zinn, AICP and Nicole Morse, Esq.

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

T&B Planning, Inc. is a privately-held consulting firm founded in 1974.

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

T&B Planning, Inc. has been providing planning services for the past 49 years, since it was founded in 1974.

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

Date Project Name Client Name Lead Agency Project Manager Scope of Work Project Description Size of Project Jan-23 - 701 South Myrtle Ave. Blake Griggs Properties City of Monrovia Les Johnson/Xiaofan Li Entitlement & Specific Plan & CEQA Mixed-Use 1.6 AC Jan-22 - 22740 Temescal Canyon Road Warehouse North Palisades Partners County of Riverside Tracy Zinn Entitlement & CEQA Warehouse 12.8 AC Feb-22 - MFBC Buildings 15 Majestic Realty County of Riverside Tina Prater/Brady Woods Development Services Warehouse 5.8 AC Mar-22 - MFBC Buildings 19 Majestic Realty County of Riverside Tina Prater/Brady Woods Development Services Warehouse 19.5 AC Mar-22 - MFBC Buildings 21 & 22 Majestic Realty County of Riverside Tina Prater/Brady Woods Development Services Warehouse 15.0 AC Mar-22 - San Manuel Master Plan Update San Manuel Band of Mission Indians City of Highland Les Johnson Planning & Zoning Master Plan for Tribal Land 1,100 AC Mar-22 - Fairway Canyon SP Meritage Homes City of Beaumont Joel Morse Specific Plan Amendment Residential 213.0 AC Mar-22 - Esplanada SP Amendment LGI Homes City of San Jacinto Joel Morse Specific Plan Amendment Residential 228.0 AC Apr-22 - Otay Mesa 200 Sunroad Enterprises County of San Diego Tracy Zinn Due Diligence Warehouse 187.4 AC Apr-22 - Dec-22 Winchester Hills-SP293-A5-SC8 Foremost Pacific Group Riverside County Joel Morse Due Diligence & Entitlement & CEQA
& Planning and Zoning Residential 2840.7 AC
Jun-22 - Waterman Avenue Western Realco City of San Bernardino Tracy Zinn Due Diligence & Entitlement & CEQA Warehouse 6.8 AC Jul-22 - Perris Optimus Parking Lot Western Realco City of Perris Tracy Zinn Entitlement & CEQA Warehouse 6.5 AC Jul-22 - Ontario Ranch I Sares Regis Group City of Ontario Les Johnson Entitlement & Specific Plan Master Plan 148.0 AC Aug-22 - Skyline Heights Richland Communities City of Corona Tina Prater Development Services Residential 270.8 AC Aug-22 - Killefer School Chapman University City of Orange Tina Prater/Brady Woods Entitlement & Development (Post
Entitlement) Educational/Institutional 0.04 AC
Aug-22 - Dolwani Casmilia City of Rialto City of Rialto Tracy Zinn Entitlement & CEQA Industrial/Manufacturing 12.5 AC Sep-22 - San Marcos Industrial Park CapRock City of San Marcos Emilie Colwell Entitlement & CEQA Warehouse 10.4 AC Sep-22 - Nov-22 Arantine Hills SPA #3 Rev #1 Pacific Ventures Management, LLC City of Corona Les Johnson/Xiaofan Li Specific Plan Amendment Residential 325.7 AC Sep-22 - La Ventana PA12 (SP293) Sub Con, (Planning) D.R. Horton Riverside County Lance Retuya Due Diligence & Entitlement & CEQA
& Planning and Zoning Residential 14.4 AC
Oct-22 - Lancaster Parkway Village SP KTGY Group, Inc. City of Lancaster Les Johnson/Xiaofan Li Specific Plan Master Plan 200.0 AC Oct-22 - South of Iris Patton Development City of Moreno Valley Les Johnson/Xiaofan Li Design Guidelines Residential 22.9 AC Nov-22 - Renaissance Ranch Phase 2 Richland Communities County of Riverside Tina Prater/Brady Woods Entitlement & CEQA Business Park/Office 157.1 AC Nov-22 - Lumina NDP - Neighborhood A ColRich, Inc. City of San Diego Emilie Colwell Entitlement Mixed-Use & Residential 12.2 AC Nov-22 - Lumina NDP - Recreation Center ColRich, Inc. City of San Diego Emilie Colwell Entitlement Mixed-Use & Residential 0.8 AC Nov-22 - Galway Downs KenTian, LLC Riverside County Les Johnson/Xiaofan Li CUP and Zone Change Equestrian 261.0 AC Contracts of 2023 and 2022
Note: Due to the substantial number of contracts over the past five years, we have only included the contracts for 2022 and 2023 in our listing. This listing does not include contracts that are exclusively for CEQA services. If the City Council approves the proposal, additional information can be made available upon request by the City.

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

None.

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

T&B Planning is owned and operated by Tracy Zinn, AICP and Nicole Morse, Esq.

12. Financial interests in other lines of business.

No.

13. Litigation/Adverse Judgement History. Provide a list of all litigation (including all complaints or responses to complaints) filed against the Proposer and any proposed Principal/Project Manager within the last 5 years only, related to performance of a professional services agreement or participation on a project. Provide the date that the complaint was filed, the name of the plaintiff(s), the nature of the litigation and list the causes of action set forth in the complaint, the amount of damages and relief asserted, the project name, describe the role of the Proposer and any proposed Principal/Project Manager in the project, provide the names of the parties involved, status of the case, and a summary of the dispute resolution and/or outcome (including current status for any unresolved litigation) (e.g., trial/judgement, arbitration/mediation, settlement, etc.).

None.

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Laguna hills

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Team Qualifications
C

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10 on call planning support services - laguna hills
Tracy Zinn, AICP, serves as T&B Planning’s President and CEO. Tracy joined the firm in 1993 and has 29 years of experience managing and preparing land use planning and environmental compliance documents. She also takes a strong lead on strategy development for complex and controversial issues. Overseeing the planning and environmental compliance aspects of land development projects has advanced her skills at multi-layered thinking and problem-solving. Private project applicants and government agencies rely on her to provide overall project management and bring focus to complex tasks. Tracy is an expert in land use entitlements, planning, and California Environmental Quality Act (CEQA) compliance and conveys a clear understanding of the practical, environmental, and jurisdictional realities of entitlement permits. Tracy is respected for preparing documents that are easily understood, technically accurate, and legally adequate.

Under Tracy’s direction, T&B Planning has completed planning projects and secured entitlement approvals for hundreds of projects across southern California and the Commonwealth of Pennsylvania, including master plans, specific plans, historic preservation plans, design guidelines, corridor studies, and CEQA compliance documents. Tracy also engages in public education and outreach efforts, including but not limited to workshops, presentations, focus group meetings, and public input surveys.

SUMMARY OF EXPERIENCE
Master Planning/Land Entitlement Permits
Tracy’s working knowledge of local and regional planning issues, design standards, zoning laws, and public policies, are invaluable when applied to land use planning and entitlement projects. She has authored numerous notable planning studies, specific plans, and design guideline documents, and guided many projects through the complex permitting process. By applying her combined planning and environmental compliance experience, Tracy is skilled in suggesting project design features that make the best use of limited time and monetary resources.

Project Management and Public Meeting Facilitation
Tracy effectively represents project applicants and lead agencies at public hearings and workshops. She leads community meetings, environmental scoping meetings, makes technically accurate and compelling presentations at public hearings, and effectively responds to public comments. She also leads project team meetings, manages coordination efforts among project applicants and public agencies, and oversees teams of technical analysts.

Environmental Compliance Documents (CEQA and Technical Reports) Tracy has prepared and quality-control reviewed hundreds of CEQA compliance documents for a wide range of project types, including industrial, logistics warehousing, parcel delivery, commercial, residential, mixed-use, and infrastructure-related land uses, for public and private sector clients. She also directs the preparation of technical studies to support the CEQA compliance process. Her use of quantifiable and objective analysis methodologies contributes to the legal defensibility of CEQA documents.

TRACY ZINN, AICP
President/Principal
714.505.6360 Ext.350/[email protected]
Corporate Office
3200 El Camino Real
Suite 100
Irvine, CA 92602
714.505.6360 Ext. 350
Regional Office
4909 Murphy Canyon Road
Suite 405
San Diego, CA 92123
619. 501.6041 Ext. 1003
Education
Bachelor of Science in Urban and
Regional Planning (Indiana University
of Pennsylvania, 1992)
Certifications
American Institute of Certified Planners
(AICP)
Affiliations
California Association of Environmental
Professionals (AEP)
American Planning Association (APA)
Commercial Real Estate Development
Association (NAIOP)

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T&B Planning, Inc. 11
Nicole Morse, Esq. is a T&B Planning Principal with 20+ years of experience managing environmental compliance projects for both public and private sector clients. Nicole utilizes her specialty background as both an attorney and an environmental compliance planner to manage and prepare documents that withstand legal scrutiny. She reviews documents and associated technical reports for compliance with the California Environmental Quality Act (CEQA), the Endangered Species Act (ESA), SB 743, the California Global Warming Solutions Act of 2006 (AB 32), the Sustainable Communities and Climate Protection Act of 2008 (SB 375), and numerous other regulatory requirements. Nicole has prepared and managed environmental compliance and planning documents for a wide range of projects including, but not limited to, urban infill (residential, mixed-use and high-rise), transit-oriented development, downtown and corridor redevelopment programs, industrial, entertainment venues, and master planned communities and general plans. Nicole is at the forefront of new environmental regulations, recently managing a General Plan EIR that was the first to adopt VMT standards in the State of California. Given her legal background, clients regularly rely on Nicole to provide strategic advice on the overall entitlement process starting with project inception to delivery to the marketplace.

SUMMARY OF EXPERIENCE
Project Management
Nicole is highly effective at leading project teams from project initiation through completion of the CEQA and entitlement process. She provides strategic counsel to leaders in public agencies, developers, and consultants throughout the entitlement process and presents project information and CEQA findings at community outreach events, scoping meetings, and public hearings. She is responsible for personnel and subconsultant oversight; review of technical reports and methodology; adherence to established budgets and schedules; and all aspects of quality control and contract fulfillment.

Environmental Entitlement
Nicole, as Principal-in-Charge/Project Manager for a wide variety of projects, has prepared, managed, and/or provided quality control review of hundreds of planning and CEQA documents – from straight-forward Categorical Exemptions to complex Environmental Impact Reports (EIRs), supporting technical studies, and environmental documentation. She has worked for landowner/developers managing the due diligence, planning, and entitlement process, in addition to, EIRs for a number of highly complex projects. She uses her legal background and extensive project experience to assist lead agencies and project applicants in determining the appropriate approach and to ensure that the appropriate information, technical analysis, and methodology is applied to each project and associated environmental compliance document. Nicole prides herself on implementing practical real-world solutions that effectively expedite the CEQA process.

NICOLE MORESE, ESQ
Vice President/Principal
714.505.6360 Ext.126/[email protected]
Corporate Office
3200 El Camino Real
Suite 100
Irvine, CA 92602
714.505.6360 Ext. 126
Regional Office
4909 Murphy Canyon Road
Suite 405
San Diego, CA 92123
619. 501.6041 Ext. 1003
Education
Juris Doctorate, Concentration in
Business Law (Whittier Law School, Costa
Mesa)
Bachelor of Science, Applied Ecology
(University of California, Irvine)
Registrations
State Bar of California No. 262013
Affiliations
California Association of Environmental
Professionals (AEP)

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Les Johnson joined T&B Planning in 2021 as the firm’s Director of Planning Services. Les has more than 28 years of municipal planning, management and business experience that includes project management, design management, administration of private entitlement and permitting, government relations, and community engagement. Les is responsible for leading the T&B Planning staff of planning service professionals that provide land use, design, policy planning, current planning, zoning, and land entitlement services, including, but not limited to, permit processing, project management, feasibility analysis, and land use strategy.

SUMMARY OF EXPERIENCE
Project Management
Les is highly effective at managing and leading various projects and project teams through the land use planning and entitlement process. His diverse experience has included administration of an APA award-winning streetscape renovation project, facilitating multiple comprehensive general plan updates, assisting with the design and development of numerous residential and commercial projects, as well as managing various operational enhancements to create process efficiencies and improve customer service.

Project Design
Les has a solid understanding of the importance of design that not only meets the core needs of a project but also considers the project’s relationship to the built and planned environments. Be it utilizing T&B Planning’s trademarked Mitigation by Design® process, placemaking, or helping to bring a vision to reality, Les is driven to assist with ensuring that exceptional project design is achieved with every project.

Land Use Planning / Entitlement Documentation
Les has extensive experience preparing planning documents for various types of public and private development projects. He has successfully led or helped facilitate a multitude of entitlement projects of various sizes and degrees of complexity in his former public sector roles as Community Development Director and Assistant City Manager, and as a consultant. He also has experience engaging and coordinating with various local, regional and state agencies, and understanding the importance of early and continuous communication. Les uses his extensive planning and entitlement processing experience to represent clients and successfully navigate the land use planning and project entitlement application processes for his clients.

Community Engagement
Les understands the importance of public participation and the value in developing and implementing strong public engagement processes. His background and experience in this area has provided opportunity for community and decision maker interests to be heard while also being able to move projects from concept to approval.

LES JOHNSON
Director of Planning Services
714.505.6360 Ext.111/[email protected]
Corporate Office
3200 El Camino Real
Suite 100
Irvine, CA 92602
714.505.6360 Ext.111
Regional Office
4909 Murphy Canyon Road
Suite 405
San Diego, CA 92123
619. 501.6041 Ext. 1003
Education
Bachelor of Science
Geography and Land Studies
(Central Washington University, 1990)
Affiliations
American Planning Association (APA)
Urban Land Institute (ULI)
Building Industry Association (BIA)

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Tina Prater joined T&B Planning in 2020 as the firm’s Director of Development. With 15+ years of experience in real estate development, her background includes due diligence analysis, acquisitions, land use entitlements, post entitlement permits and approvals, infrastructure and utility agency clearances, dispositions, leasing, budgeting, and project and asset management. Tina leads T&B Planning’s staff of development services professionals to navigate land development projects from inception to construction-ready.

Having previously worked at companies where she was responsible for all aspects of the development process, she excels in seeing the big picture and foreseeing and solving typical challenges encountered in the development process.

SUMMARY OF EXPERIENCE
Development Project Management
Tina leads project teams in all aspects of the land development process, from due diligence and property acquisition to construction and disposition of the asset. She efficiently coordinates timelines and expectations for architectural, civil engineering, landscape, and other technical disciplines to assemble permit packages and expedite development projects through their entitlement processes. Her responsibility for general oversight, scheduling, fee analysis, and review of plans and applications leads to project approvals that are expedited with fewer rounds of plan corrections. Tina’s cultivation of long-lasting productive relationships with municipalities and agencies helps move projects forward, saving clients valuable time and money.

Due Diligence
Tina takes an active role in due diligence work for pre-acquisition which includes analysis of existing conditions, title, zoning, fee analysis, and the steps needed to secure entitlement and post-entitlement approvals.

Entitlements
Tina has entitled millions of square feet of commercial and industrial buildings throughout southern California. She works on a broad range of entitlement efforts including, but not limited to, Zone Changes, Specific Plans and Plan Amendments, Plot Plans, Site Plan Review, Conditional Use Permits, Subdivision Maps, Development Agreements, and other related entitlements. She is responsible for directing and coordinating a project team’s schedule and deliverables, managing submittal and processing the applications and plan sets, and serving as an applicant’s representative to facilitate and expedite government agency staff review, necessary corrections and revisions, and the issuance of mutually acceptable conditions of approval. Tina also regularly serves as a representative for applicants in meetings, public forums, and public hearings.

Post Entitlement Permits and Approvals
By applying foresight to the land development process, Tina regularly begins work on postentitlement scheduling, budgeting, and coordinating before entitlements are in-hand.

She works with property owners, applicants, project teams, and the various agencies and authorities that are responsible for clearing conditions of approval and granting the permits and approvals that move projects forward to the issuance of grading permits and building permits. Tina is a proven leader in securing post-entitlement approvals for large land development projects and effectively works with various utility authorities, public agencies, and local departments including Building, Fire, Engineering, Flood Control, Public Works, and more. Her background on the real estate side of the business provides a strategic edge that moves projects from approval to construction.

TINA PRATER
Director of Development Services
714.505.6360 Ext.108/[email protected]
Corporate Office
3200 El Camino Real
Suite 100
Irvine, CA 92602
714.505.6360 Ext. 108
Regional Office
4909 Murphy Canyon Road
Suite 405
San Diego, CA 92123
619. 501.6041 Ext. 1003
Education
Bachelor of Arts, Communications
(California State University, Fullerton)
Affiliations
International Council of Shopping
Centers,
(ICSC) Member

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14 on call planning support services - laguna hills
Xiaofan Li joined T&B Planning in 2022 as a Senior Project Manager. Xiaofan has more than 16 years of comprehensive planning experience in both public and private sectors.

She has worked for domestic and overseas planning companies and has excelled in land use planning and senior management. Xiaofan has extensive experience in preparing regulatory documents and entitlement packages, from small in-fill projects to large-scale master-planned communities. As a Senior Project Manager, she is skilled in organizing and coordinating detailed documentation and effectively managing the production team. Xiaofan regularly interacts with clients through client meetings, presentations, and interfaces with local governments and officials.

SUMMARY OF EXPERIENCE
Planning/Entitlement Documentation
Xiaofan has extensive experience managing, processing, and coordinating entitlement and planning projects in various Southern California jurisdictions. Her robust leadership skills help advance projects and yield favorable results. As a senior project manager, she communicates effectively from project kick-offs to stakeholder meetings, overseeing the schedule while remaining time-sensitive for project deliverables. Additionally, Xiaofan has experience in preparing, writing, and managing various types of planning and entitlement documentation, including Specific Plans, Zoning Code Amendments, and design guidelines, among others, for various land uses such as residential, commercial, mixed-use, and industrial properties.

Project Management
Xiaofan brings over ten years of experience managing complex entitlement and planning projects in Southern California. She is highly skilled in project coordination, ensuring successful client outcomes from inception to final completion. As a senior project manager, she understands the importance of effective communication and develops strong working relationships with clients and stakeholders. Xiaofan is experienced in developing and implementing project schedules, tracking project progress, and identifying potential project risks and issues, ensuring the timely delivery of project deliverables. Her project management skills include managing budgets, coordinating with internal and external team members, conducting project status meetings, and providing regular project updates to clients.

Public Engagement
Xiaofan’s extensive involvement in various public engagement meetings has allowed citizens and stakeholders to come together to discuss and better understand community visions and the design and entitlement process. Additionally, Linda is highly skilled in using TurningPoint technology, a real-time voting system that enables efficient and effective public participation in decision-making processes.

Native American Tribes
Xiaofan has extensive experience working with Native American Tribes on various planning projects. Her portfolio includes Morongo Land Use Plan/Highest and Best Use (I-10 Corridor), Riverside County Domenigonia Parcel, Soboba Master Plan, and Sovatum Village. Xiaofan has played a crucial role in facilitating visioning workshops with Tribal staff, Council Members, and other stakeholders. She has also demonstrated her commitment to building strong relationships with Tribes by attending Council meetings and presenting project updates.

XIAOFAN LI, AICP
Senior Project Manager
714.505.6360 Ext.125/[email protected]
Corporate Office
3200 El Camino Real
Suite 100
Irvine, CA 92602
714.505.6360 Ext. 125
Regional Office
4909 Murphy Canyon Road
Suite 405
San Diego, CA 92123
619. 501.6041 Ext. 1003
Education
Master of Urban Planning
University of Southern California
Los Angeles, CA
Bachelor of Civil Engineering
Yan Shan University
China
Certifications
American Institute of Certified Planners
(AICP)
Affiliations
American Planning Association (APA)

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Brady M. Woods joined T&B Planning in 2022 as a Development Project Manager. With over 20 years of experience in municipal planning and land use consulting, Brady brings a distinct perspective on land development, urban design, and innovative placemaking based on his extensive experience working for local agencies and multidisciplinary planning and design firms in multiple cities and states. His background includes project leadership, land use planning, development entitlements, permit processing, housing policy and implementation, comprehensive and strategic planning, zoning regulations, architectural and site design, eminent domain litigation, and community engagement

SUMMARY OF EXPERIENCE
Project Leadership
Brady brings 20+ years of proven project leadership experience, building strong client relationships by listening, understanding, and valuing their desires and concerns, and then utilizing solutions-oriented approaches to exceed expectations and achieve positive project outcomes. He leads by effectively and routinely communicating with the project team and employs traditional and modern project management tools to ensure deliverables are of the highest quality while keeping projects on budget and on schedule.

Land Use Planning/Entitlements
Serving as Planning Manager for local agencies as well as a Land Use Consultant in the private sector, Brady has prepared and processed a broad range of planning policy documents and entitlement applications including, but not limited to General Plan Amendments, Housing Elements, Zone Changes, Text Amendments, Specific Plans, Development Agreements, Conditional Use Permits, Site Plan Review, Subdivision Maps, and Variances for various large-scale residential communities, commercial, office and industrial projects, mixed-use and infill developments, and resort/hospitality uses. Brady typically serves as the “tip of the spear”, representing the public’s interest as well as the project applicant in meetings and public hearings.

Design Review and Plan Check
Brady has decades of experience in conducting design and plan review for multiple local agencies throughout California and Florida. He adeptly blends his planning and architectural knowledge with his experience serving as Chairman of the Development Review Committee (DRC) when preforming plan review/plan check of construction drawing for compliance with General Plan policies, zoning regulations, and conditions of approval, as well as providing site and building design recommendations for residential, commercial, industrial, and mixed-use projects.

Community Engagement
Brady understands that Planning starts and ends at the local level with an engaged community that includes residents, business leaders, and local decision makers. By integrating technical expertise and empathy, he empowers community members to infuse their values, thoughts, and concerns during public outreach events and hearings when planning new development or government policies.

BRADY WOODS
Development Project Manager
714.505.6360 Ext.107/[email protected]
Corporate Office
3200 El Camino Real
Suite 100
Irvine, CA 92602
714.505.6360 Ext. 107
Regional Office
4909 Murphy Canyon Road
Suite 405
San Diego, CA 92123
619. 501.6041 Ext. 1003
Education
Master of Urban & Regional Planning
Florida Atlantic University
Ft. Lauderdale, FL
Bachelor of Science, Architecture
Florida A&M University
Tallahassee, FL
Affiliations
American Planning Association (APA)
Representative List of On-Call Planning
Services
City of Signal Hill On-Call Planning
Services*
City of Anaheim Design Review*
City of Arcadia Design Review*
City of Cupertino Design Review*
City of El Monte Design Review*
City of Santa Clarita Design Review*
City of Temple City Design Review*
* work performed before joining T&B

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Packet Pg. 314 Attachment: Attachment C – Professional Services Agreement with T&B Planning, Inc. (3204 : Award of Four Professional Services

16 onon call call planning planning support support services services - - laguna Lagunahills hills

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Organizational Chart
D

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ORGANIZATION CHART
Tracy Zinn
President/Principal
Les Johnson
Planning Director
Tina Prater
Development Director
Xiaofan Li
Sr. Project Manager
Nicole Morse
Vice President/Principal
Brady Woods
Development Manager

T&B PLANNING

CEQA SERVICE PLANNING SERVICE DEVELOPMENT SERVICE

T&B PLANNING
If there are proposed changes in key personnel during the term of the agreement that are outside of T&B Planning’s control or if the City requests such a change, the following steps can be taken to ensure a smooth transition:

1. T&B Planning will notify the City as soon as possible of any changes in key personnel, providing details on the reasons for the changes and expected timeline for transition.

2. T&B Planning will have a succession plan to identify and train a replacement for the key personnel leaving.

T&B Planning will work with the City to ensure the replacement has the necessary skills, experience, and knowledge to deliver the project or service effectively.

3. If the personnel change significantly impacts the scope of work, budget, or timeline of the service, T&B Planning and the City should discuss and agree on any necessary modifications to the contract.

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References
E

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REFERENCES

COUNTY OF RIVERSIDE
Contact: Russell Brady, Planner
Phone Number: (951) 955-3200
Email: [email protected]
Services: Due Diligence, Entitlement, Planning and
Zoning, CEQA & Development Services

SAN MANUEL TRIBE
Contact: Pete Mateo, Director of Tribal Planning & Devel.

Phone Number: (909) 653-0816
Email: [email protected]
Services: Master Planning and Zoning

CITY OF CORONA
Contact: Sandra Yang, Senior Planner
Phone Number: (951) 736-2262
Email: [email protected]
Services: Planning
LUMINA

OTAY MESA, SAN DIEGO
TM # 1972222 | PTS # 555609
BRIEFING BOOK MAY 2019
Conceptual Rendering
Lumina Paseo Path

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Project Understanding and Approach
F

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PROJECT UNDERSTANDING
Located in South Orange County, Laguna Hills is a highly desirable community of more than 31,000 residents that has experienced consistent growth over the past decade. This trend is set to continue as the city is currently assessing the large-scale mixed-use project called the Village at Laguna Hills, along with other residential and commercial developments in the vicinity of Alicia Parkway, Moulton Parkway, and the I-5 Freeway.

As a part of its “contract model” to provide services to the community, Laguna Hills is actively seeking to expand its pool of qualified professional consultants who can offer on-call planning support services to supplement staff efforts in their day-to-day operations. Selected planning consultants will work under the guidance of the city’s Senior Planner and primarily focus on providing responsive, respectful, and efficient customer service to residents and the development community.

The chosen consultants will perform various planning services that can be completed either at City Hall or remotely, such as reviewing and approving ministerial permits, conducting plan check/reviews, processing discretionary applications, preparing appropriate hearing documents, representing staff at public hearings and community meetings, and conducting field investigations to ensure project compliance with development regulations.

APPROACH
The T&B Planning team is comprised of highly skilled and dedicated professionals with a wealth of experience in local Planning Departments across Orange County and Southern California. Their expertise spans all levels of management, ranging from Assistant to Senior and Director positions. As the day-to-day project manager for the on-call planning support services, Les Johnson, Director of Planning Services, draws on his extensive 28-year background in municipal planning and city management. Previously, Les served as Community Development and Development Services Director for the cities of Seal Beach, Los Alamitos, Indio, and La Quinta, where he was responsible for the management and oversight of all department operations. This included planning, building, code enforcement, economic development, and public works. Les was directly engaged with administration of the planning entitlement and ministerial permit processes while serving each of these four communities. He has extensive experience with team supervision, departmental budgets, service contracts, as well as direct engagement with the city’s executive teams, appointed and elected officials, and community leaders.

Assisting Les with providing the on-call planning support services is Brady M. Woods, Development Project Manager, who brings over 20 years of experience in municipal planning and consulting in California and Florida. Brady’s most recent municipal appointment was as Planning Manager for Buena Park, where he oversaw the administration of the city’s General Plan and Zoning Ordinance, enforcement of development standards, and supervised a team of five planning professionals. Brady’s key responsibilities included regularly presenting to City Council, Planning Commission, and Zoning Administrators, initiating general plan and zoning amendments, writing staff reports and analysis for use permits, variances, subdivision maps, specific plans, etc., negotiating and drafting development agreements for large and complex projects, ensuring project compliance with CEQA regulations, and conducting zoning permit review and field inspections. In addition, as Development Review Committee (DRC) Chairman for the city of Bradenton, Brady utilized his design knowledge to assist with plan check/plan review tasks.

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T&B Planning, Inc. 23
T&B Planning employs cutting-edge cloud-based technologies to monitor budgets continuously, ensuring that projects remain within budget and are completed within the anticipated timeframes. We also regularly hold internal coordination meetings to distribute workload and ensure that our team is fully informed about ongoing projects.

T&B Planning will assign a single point of contact who will regularly communicate with the city’s Senior Planner to review project status and proactively address any potential budgetary challenges before they become problematic for job deliverables. Additionally, we will issue detailed monthly invoices to the city and remain readily available to discuss any queries or concerns from city staff.

T&B Planning’s process for quality assurance and quality control (QA/QC) of all materials and deliverables relies heavily on the expertise of our Principals, Directors, and Senior Associates, who possess several decades of combined planning and environmental experience. This approach ensures that our clients receive the finest quality work. Our Associate Planners are entrusted to carry out entitlement research and prepare planning and environmental documents, under the close supervision of senior-level staff. Before being submitted to the city, all work will be meticulously reviewed by a Principal or Director.

Our approach to the planning and environmental services described below:

MINISTERIAL PERMIT PROCESSING - As part of our on-call planning support services, we will undertake the following responsibilities:

1. Process zoning verifications, various ministerial permits (i.e., Temporary Use Permits, Sign Permits, etc.), and home occupation certificates.

2. Intake of development applications and permits. Our staff is well-practiced in using the latest permit intake and tracking systems and is familiar with Tyler EnerGov, which we understand is the system Laguna Hills is currently using.

PLAN CHECK/PLAN REVIEW - With the expertise of our planning and design team, we will conduct a thorough review of building and sign permit applications, ensuring compliance with all relevant zoning code standards, regulations, policies, approved development plans, and conditions of approval. Our review comments may be provided directly on the plan set or consolidated into a review comment memorandum for the convenience of project applicants.

Please note that building code plan check review is to be performed by others.

DISCRETIONARY APPLICATION PROCESSING - T&B Planning is committed to providing on-call planning support services for processing discretionary applications for both current and long-term planning approvals. Our services will include, but not be limited to, the following:

1. Conducting a comprehensive review of applications to ensure adherence to the Laguna Hills’ Housing Element, General Plan, LHMC-Title 9 (Zoning and Subdivisions), Laguna Hills Planned Community Development Plan, Urban Village Specific Plan (UVSP), and all other pertinent policies, regulations, and guidelines.

2. Serving as the project coordinator for discretionary applications, coordinating with other city departments and/or external agencies, corresponding with applicants, conducting background research, and ensuring compliance with the California Environmental Quality Act (CEQA).

3. Monitoring project implementation to ensure compliance with approved plans, conditions of approval, and mitigation measures.

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PREPARATION OF PUBLIC HEARING DOCUMENTS - T&B Planning will prepare or assist in preparing technical planning staff reports, ordinances/resolutions, and legal notices. Our team will assist with creating effective and easily comprehensible oral and visual presentations that prioritize informing and educating both the community and decision-makers, avoiding unnecessary jargon. We will take part in or facilitate virtual or remote hearings and community meetings as needed in response to the ongoing public health emergency.

ZONING COMPLIANCE AND ENFORCEMENT - When necessary, T&B Planning will conduct on-site evaluations and assessments to ensure projects comply with LHMC-Title 9 (Zoning and Subdivisions), design regulations, and approved plans. This may involve collaborating with Code Enforcement Services staff from the city.

ENVIRONMENTAL REVIEW/CEQA COMPLIANCE - T&B Planning will ensure compliance with the California Environmental Quality Act (CEQA) is essential to our operations. As a trusted lead CEQA compliance consultant for public agencies, T&B Planning is pleased to extend our comprehensive range of CEQA services to Laguna Hills.

These services include, but are not limited to:

1. Peer Review of CEQA Documents.

2. CEQA Documents and Notices.

3. CEQA Exemptions.

4. CEQA Strategy.

5. Mitigation, Monitoring and Reporting Programs.

6. Technical Report Review.

7. Visual Quality & Light/Glare Analysis and Review.

ADDITIONAL SERVICES - Under an on-call agreement, the City of Laguna Hills can leverage T&B Planning’s supplementary planning services, which may consist of:

1. Implementation of the Housing Element, such as monitoring the development of housing sites identified in the city’s 2021-2029 Housing Element, to ensure compliance with the state’s No Net Loss provisions.

2. Transformation of static maps and graphics into interactive ArcGIS maps, improving city staff and community usability.

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Communication Plan
G

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COMMUNICATION PLAN
The proposed communication plan is designed to keep the city staff informed and engaged throughout the project timeline. Our goal is to establish open lines of communication that allow for regular updates, feedback, and collaboration.

COMMUNICATION METHODS AND FREQUENCY
Our proposed communication plan will use a variety of ways to reach the city staff, including:

Email: We will send weekly email updates to city staff that summarizes progress, identify upcoming milestones, and highlight any issues that require attention.

Meetings: We will schedule bi-weekly meetings with city staff to provide more detailed updates, review work products, and discuss any issues that require further attention.

Progress Reports: We will provide monthly progress reports that outline accomplishments, upcoming tasks, and any issues that require attention.

POINT OF CONTACT
We will establish points of contact with key T&B Planning staff to ensure all inquiries and questions are promptly addressed. The points of contact will be identified at the beginning of the task and will be included in all communication.

FEEDBACK AND INPUT
We welcome feedback and input from city staff throughout the task timeline. We will provide regular opportunities for city staff to ask questions, provide input, and offer feedback on our work.

EVALUATION AND ADJUSTMENTS
We will regularly evaluate the effectiveness of the communication plan and make adjustments as needed based on feedback from city staff. We are committed to ensuring that the communication plan meets the city’s needs and facilitates productive collaboration.

Overall, this proposed communication plan emphasizes frequent and transparent communication between the city staff and us. By using various communication methods and establishing clear points of contact, we aim to keep the city staff informed, engaged, and involved throughout the project timeline.

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Packet Pg. 325 Attachment: Attachment C – Professional Services Agreement with T&B Planning, Inc. (3204 : Award of Four Professional Services