Agenda packet — Laguna Hills City Council, August 19, 2026 (part 2 of 2)

APPENDIX A

INCLUSIONARY HOUSING SURVEY

STATEWIDE
INCLUSIONARY HOUSING: IN-LIEU FEE ANALYSIS

7.5% @ Mod 55
Pleasanton
Create on-site units; create off-site units; pay in-lieu fee; donate land; credit transfers; other alternate methods of compliance
15% Yes 15 50% to 80% 15 50% to 120% Perpetual
Pomona
Create on-site units; create off-site units; pay in-lieu fee; donate land; create a site within an ownership housing
development on which rental units are constructed.

Rental:
13%
Own: SFH
7%;
TH/Condos
11%
Yes 3 120%
> of 55
years or as
long as resid
use
3 120% 45
Poway
Create on-site units; create off-site units; pay in-lieu fee. Full schedule goes into effect in 2023 for rental and 2025 for ownership.

Rental:
15%
Own: 15%
or 20%
No 1 Very Low 55 1 15% @ Low or
20% @ Mod 45
Redlands
Create on-site units; create off-site units; pay in-lieu fee; land donation; create a site within an ownership housing
development on which rental affordable units are
constructed.

Rental:
9%, 10% of
12%
Own: 5%
Yes 10
Rental:
5% Low + 7%
Mod; or
5% VL + 5% Mod;
or 9% Low
55 10 5% Mod 55
Redwood City Create on-site units; create off-site units; preserve or rehab units; pay impact/linkage fee; donate land 20% / 15% No 20 10% @ Mod + 5% @ Low + 5% @ VL 30 5 Moderate 30 Sacramento County Has a production option, but the in-lieu fee option is more cost effective. 10% No 1 80% 1 80%
San Benito County
Create on-site units; create off-site units; pay in-lieu fee; submit Affordable Housing Plan. Additional off-site radius requirement for remote sites.

16.7% (1/6
units) for
6–10 units;
20% for 11+
units
No 6
For 11+ units:

7.5% @ ELI, 7.5%
@ Low, 5% @
Mod
life of bldg 6
For 11+ units:

7.5% @ ELI, 7.5%
@ Low, 5% @
Mod
45 San Bruno Create on-site units; create off-site units; preserve or rehab existing housing; pay in-lieu fee; donate land. Excludes area 15% No 10 For 6–10 units: inlieu fee required 55 10For 6–10 units: inlieu fee required 45 San Buenaventura Create on-site units; create off-site units; pay in-lieu fee; preserve or rehab existing housing; donate land. 15% / 10% No 7 Low 55 7 Mod 45 Prepared by: Keyser Marston Associates, Inc.

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APPENDIX A

INCLUSIONARY HOUSING SURVEY

STATEWIDE
INCLUSIONARY HOUSING: IN-LIEU FEE ANALYSIS

LAGUNA HILLS, CALIFORNIA
Jurisdiction Compliance Options Set Aside %
On-site %
Varies
Threshold
Project Size Affordability
Covenant
Period
Threshold
Project Size Affordability
Covenant
Period
Rental Development Ownership Development
San Clemente Create on-site units; create off-site units, pay in-lieu fee; donate land. 4% No 6 Very Low 30 6 Very Low 30
San Diego (City)
Create on-site units; create off-site units; rehabilitate existing units, SRO hotel rooms, or conversion of guest rooms; pay inlieu fee; donate land. 5% to 20%
depending
on location
No 10
Outside FUA: 10%
@ 60%
Inside FUA: 20%
@ 65%
Barrio Logan: 15%
VL and Low
University
Community Plan:
10% @ 60% or
5% @ 80% + Fee
or
10% @ 120% +Fee
55 10
Outside FUA: 10%
@ 100% or
15% @120%
Inside FUA: 20%
@ 65%
Barrio Logan: 15%
VL and Low
University
Community Plan:
10% @ 60% or
5% @ 80% + Fee
or
10% @ 120% +Fee
15 San Diego County ??? 5% to 20% ??? ???
GP Compliant:
5% ELI or
5% VL or
10% Low
GP Amendment:
20% Low
??? ???
GP Compliant:
5% VL or
10% Low or
15% Moderate
GP Amendment:
20% Low
???
San Francisco
Create on-site units; create off-site units; pay in-lieu fee. Full schedule goes into effect in 2023 for rental and 2025 for ownership.
15% to 20%
/ 15% to
26%
Yes 10 55% to 110% 10 80% to 130%
San Jose
Create on-site units; create off-site units; preserve or rehab units; in-lieu fee; donate land; credit transfers; reduction for deeper affordability.
15% Yes 20 5% @50% + 5% @
60% + 5% @ 100% 99 20 120% 99
San Juan Capistrano Create on-site units; pay in-lieu fee. 10% No 2 Lower Income 55 2 Lower Income 55 San Luis Oblspo (City) Create on-site units; pay an in-lieu fee to fulfill the entire oblgiation; pay an in-lieu fee for fractional unit obligations. 6% / 10% Yes 1 3% Very Low + 3% Low 55 1 5% Low +
5% Moderate 45
San Marcos
Create on-site, create off-site units for ownership housing projects; pay an in-lieu fee for six or fewer rental unit projects and for all ownership housing projects.
15% No 1
Hhld income set
by the City.
<=25% of the
affordable units
may be Mod.
55 1
Requirement is
set by the City on
a project by
project basis
55 Prepared by: Keyser Marston Associates, Inc.

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APPENDIX A

INCLUSIONARY HOUSING SURVEY

STATEWIDE
INCLUSIONARY HOUSING: IN-LIEU FEE ANALYSIS

Create on-site units; off-site units; substantially rehab existing units; pay in-lieu fee.

Rental: 5% -
15% & Own:
5%
No 5
15% @ Low or
10% @ VL or 5%
@ ELI or 5% Low +
3% VL +2% ELI
55 5 120% 55
Santa Barbara (City) Create on-site units; create off-site units; pay in-lieu fee for 1 to 9 & fractional units; donate land. 10% / 15% No 5 Mod 90 1 120% to 200% 90 / restarts
on each
resale
Santa Barbara (County)
Excludes projects located within the Cuyama Housing Market Area.

Create on-site units; pay in-lieu fee to fulfill some or all of the obligation; construct ADUs to fulfill the workforce housing obligation.

Coastal Zone development: If the County deems the
obligation to be financially infeasible the obligation can be fulfilled elsewhere within the Coastal Zone or within three miles of the Coastal Zone.
15% Yes 5
5-19 Units: 1 Mod
Unit
20+ Units: 2.5% VL
+ 2.5% Low + 5%
Mod + 5%
Workforce
90 5
5-19 Units: 1 Mod
Unit
20+ Units: 2.5% VL
+ 2.5% Low + 5%
Mod + 5%
Workforce
90 Santa Clara (City) Create on-site units; create off-site units; dedicate land; pay an in-lieu fee for fractional unit obligations. 15% No 10 Mix of ELI, VL, Low
& Mod. Must
average less than
100% of AMI
55 10
Mix of ELI, VL, Low
& Mod. Must
average less than
100% of AMI
20 Santa Clara County
(Excluding Cities &
Stanford Community
Plan Area)
Create on-site units; create off-site units; in-lieu fee payments for projects with three to six units and for
fractional unit obligations; conversion of existing market rate units.
16% No 3 Lower 55 3 Moderate 55
Santa Cruz (City)
Create on-site units; create off-site units; pay in-lieu fee; donate land. Program requirements are only applied in
designated areas.
20% Yes 2
50% for SRO's
80% all other Perpetual 2 120% Perpetual
Prepared by: Keyser Marston Associates, Inc.

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APPENDIX A

INCLUSIONARY HOUSING SURVEY

STATEWIDE
INCLUSIONARY HOUSING: IN-LIEU FEE ANALYSIS

LAGUNA HILLS, CALIFORNIA
Jurisdiction Compliance Options Set Aside %
On-site %
Varies
Threshold
Project Size Affordability
Covenant
Period
Threshold
Project Size Affordability
Covenant
Period
Rental Development Ownership Development
Santa Monica Create on-site units; create off-site units; pay in-lieu fee; acquisition/rehabilitation; donate land. 15% Yes 2
20+ units: 15%
equally divided
among 50%, 80%,
110%
<20 units: 15% at
80% AMI
55 2
20+ units: 15%
equally divided
among 50%, 80%,
110%
<20 units: 15% at
80% AMI
55 Santa Paula
Create on-site units; create off-site units; pay in-lieu fee. Full schedule goes into effect in 2023 for rental and 2025 for ownership.
10% to 17% Yes 10
15% Low or 10%
VL
55 10
15% Low or 10%
VL
45 Santa Rosa Has a production option, but the in-lieu fee option is more cost effective.
5% to 8% /
10%
No 1 5% @ 50% or 8%
@ 60%
2 110%
Scotts Valley
Create on-site units; create off-site units with City Council approval; in-lieu fee allowed for 1–6 units; full unit required at 7+ units; fractional units may pay in-lieu for the fraction; projects with avg. lot size >1 acre may opt for on-site in-lieu fee with City Council approval.
15% Yes 7
Based on Health
& Safety Code
Section 33413
requirement for
redevelopment
agencies
55 7
Based on Health
& Safety Code
Section 33413
requirement for
redevelopment
agencies
45 Solana Beach
Create on-site units; create off-site units; create rental units to fulfill an ownership housing development requirement; preservation or conversion of existing units; payment of the Affordable Housing Impact Fee.
15% No 5 VL or Low 99 5 VL or Low 99
Sonoma (City) Create on-site units. 20% Yes 5 120% 55 5 120% 55 Sonoma County
Create on-site units; create off-site units; in-lieu fee payment based on unit size; alternatively, construct ADU or
farmworker unit; acq of existing units and imposition of affordability covenants; land donation.
10% or 15%
/ 20% Yes 1 ≥15% @ Low/VLI, or ≥10% @ ELI/VLI 55 1 10% @ Low + 10% @ Mod 30 yrs
restarts on
each resale
South San Francisco Create on-site units; create off-site units; preserve or rehab existing housing; pay in-lieu fee 20% No 4 55 4 55
South Pasadena
Create on-site units; create off-site units; pay in-lieu fee for 3 or 4 rental unit projects, ownership for any size project, & fractional units; rehab existing market rate units; donate land.
20% No 3
10 or fewer units:
multiple options
11 or more units:
10% ELI or VL +
10% Low
55 3 Moderate 55
Sunnyvale Create on-site units; create off-site units; pay in-lieu fee; donate land, unit conversion, other proposals. 15.0% No 7 5% @ 50% + 10% @ 60% 55 7 100% 30
Prepared by: Keyser Marston Associates, Inc.

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APPENDIX A

INCLUSIONARY HOUSING SURVEY

STATEWIDE
INCLUSIONARY HOUSING: IN-LIEU FEE ANALYSIS

Rental: 10%
Own:
5%/10%
Yes 10 Low
> of 55
years or as
long as resid
use
10 SFH: 5% Mod
Condo: 10% Mod 45
Tiburon Create on-site units; create off-site units; pay in-lieu fee. Full sch 15% No 3 5% @ Low + 10% @ Mod Perpetual 3 5% @ Low + 10% @ Mod Perpetual
Union City Create on-site units; create off-site units; pay in-lieu fee. Full sch 15% No 7 4.5% @ VL +

10.5% @ Low
7 1.5% @ Low +

4.5% @ 100% +
9% @ 120%
Vista Create on-site units; pay in-lieu fee 9% No 20
5% Low or lower +
4% Mod or lower
5% Low or lower +
4% Mod or lower
Watsonville
Based on Watsonville median income, which is set at 70% of Santa Cruz County median income.

On-site affordable units required; in-lieu fee allowed only for 6 units or fewer
20% rental
15% own up
to 50 units;
20% above
50 units
Yes 7
5% Median + 5%
Low + 10% VL or
Section 8
Based on City
income
55 7
7 to 50 Units: 5%
Above Mod + 5%
Mod + 5% AMI
51+ Units: 10%
Above Mod + 5 %
Mod + 5% AMI
45 West Sacramento Create on-site units; create off-site units; preserve or rehab existing housing; pay in-lieu fee; donate land. 10% No 5 5% @ 50% + 5% @ 60% 55 5 70% 45
West Hollywood Create on-site units; create off-site units; pay in-lieu fee for 2- 10 unit projects.
20% No 2 Low / Mod
> of 55
years or as
long as resid
use
2 Low / Mod
> of 55
years or as
long as resid
use
II. Inclusionary Requirements: Ownership Projects Only
Carpinteria Create on-site units; pay in-lieu fee in limited circumstances. 12% No 5 200% 30 Danville Create on-site units; pay in-lieu fee. 10% Yes 7 110% 20 Folsom Create on-site units; create off-site units; pay in-lieu fee; donate land; acq/rehab; other proposals. 10% No 10 3% @ VL + 7% @ Low Lafayette Create on-site units; create off-site units. 15% No 2 9% @ Mod + 6% @ VL
45 Monterey Create on-site units; donate land. 20% No 6 Perpetual Mountain View Create on-site units; pay in-lieu fee. 15% No 3 100% 55 Rohnert Park Create on-site units; create off-site units; pay in-lieu fee. 15% No 50 55 San Leandro Create on-site units; pay in-lieu fee. 15% Yes 2 9% @ Mod + 6% @ Low
55 Prepared by: Keyser Marston Associates, Inc.

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APPENDIX A

INCLUSIONARY HOUSING SURVEY

STATEWIDE
INCLUSIONARY HOUSING: IN-LIEU FEE ANALYSIS

LAGUNA HILLS, CALIFORNIA
Jurisdiction Compliance Options Set Aside %
On-site %
Varies
Threshold
Project Size Affordability
Covenant
Period
Threshold
Project Size Affordability
Covenant
Period
Rental Development Ownership Development
III. Inclusionary for Ownership Projects & Impact Fee for Rental Projects Capitola Create on-site units; create off-site units; pay in-lieu fee; land donation. 15% Yes 7 Mod
> of life of
bldg or 55
years
Emeryville Ownership: Create on-site units; create off-site units. Rental:

Pay impact fee; voluntarily produce off-site units.

Rental: 12%
Own: 20% No 55 10 Mod 45
Fontana
Create on-site units; pay in-lieu fee; develop a reduced percentage at deeper affordability. 10% No 5 4% @ VL + 4% @ Low + 2% @ Mod 55 Palo Alto
Create on-site units; create off-site units; in-lieu for fractional unit; convert market rate units to affordable units; preserve at-risk housing; donate land.
15% < 5 /
20% 5 acres
+
Yes 1 67% @ 80-100%
33% @ 100-120%
99 San Carlos Create on-site units; create off-site units; pay impact/linkage fee. 15% Yes 55 2 10% @ Mod + 5% @ Low
45 Salinas
The Ordinance does not apply to the Downtown Area.

Create on-site units. City Council review and approval is required for off-site construction; partnership with an experienced affordable housing developer; purchase of
excess affordable units constructed in the Future Growth Area; and land donation.
12%, 15% or
20%
Yes 10
4% VL + 8% Low /
own or rental +
4% Mod + 4%
Wkfrce own
or
6% Median + 6%
Mod + 3% Wkfrce
own
or
8% VL + 4% Low
rental
Resale at
fmv in
return for
Santa Cruz County
Create on-site units; participation in the County's existing conversion program; financial contribution to a nonprofit sponsored affordable housing project in an off-site location with additional units; provide affordable rental units; Affordable Housing Impact Fee payment for ownership units with fewer than seven units and for fractional unit
obligations.
15% Yes 7 Mod
> of life of
bldg or 55
years
Voluntary production is permitted
at 4% VL + 8% Low
If the impact fee is paid 12% of
the unit must be rented to Section
8 tenants
Voluntary production in place of
Affordable Housing Impact Fee
payment
Voluntary production is permitted
at 4% VL + 8% Low
Prepared by: Keyser Marston Associates, Inc.

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APPENDIX A

INCLUSIONARY HOUSING SURVEY

STATEWIDE
INCLUSIONARY HOUSING: IN-LIEU FEE ANALYSIS

Create on-site units; create off-site units; pay in-lieu fee; donate land.
5% or 10%
& 4% or 6%
No 50
Projects at 60+
units per acre: 5%
VL or 10% Low
Properties at less
than 60 units per
acre: 4% VL or 6%
Low
55 Fullerton Applies only to the Transportation Specific Plan area. Create on-site units. 15% No
5% @ VL + 5% @
Low + 5% @ Mod 55
Glendale Create on-site units; create off-site units; pay in-lieu fee; donate land; acquisition/rehabilitation. 15% No 8 60% 55 Prepared by: Keyser Marston Associates, Inc.

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APPENDIX B

INCLUSIONARY HOUSING SURVEY

ORANGE COUNTY
INCLUSIONARY HOUSING: IN-LIEU FEE ANALYSIS

LAGUNA HILLS, CALIFORNIA
Prepared by: Keyser Marston Associates, Inc.

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APPENDIX B

INCLUSIONARY HOUSING SURVEY

ORANGE COUNTY
INCLUSIONARY HOUSING: IN-LIEU FEE ANALYSIS

LAGUNA HILLS, CALIFORNIA
Jurisdiction Compliance Options Set Aside %
On-site %
Varies
Threshold
Project Size Affordability
Covenant
Period
Threshold
Project Size Affordability
Covenant
Period In-Lieu Fee
I. Inclusionary Requirements: Both Rental and Ownership Projects Brea
On-site units; pay in-lieu fee;
land dedication; acquisition
and conversion of other units
within city. City provides
incentives to mitigate the
impact of the requirement.
10% No 10
5% ELI; or
7% VLI + 3% up to
140% AMI; or
10% LI + 5% up to
140% AMI; or
20% 120% AMI; or
30% 140% AMI
55 10
5% ELI; or
7% VLI + 3% up to
140% AMI; or
10% LI + 5% up to
140% AMI; or
20% 120% AMI; or
30% 140% AMI
45 Calculated per project. Based on the
Affordability Gap.

Huntington Beach
Create on-site units; create offsite units; preserve or rehab existing housing; pay in-lieu
fee; donate land.
10% No 3 Low 55 3 Moderate 45
Sliding Scale: 3 to 30 units. In-Lieu Fee
allowed for projects up to 100 units.

Rental: $3.84 to $38.40/SF Ownership:
$2.72 to $27.20/SF. The per SF
measurement caps at 2,000 SF.

Irvine
Projects with fewer than 50
units can create on-site units;
convert market rate housing
to affordable housing; extend
the term of an existing
affordable project; pay in-lieu
fee; transfer units to a
nonprofit housing agency;
create off-site units; donate
land. Projects with 50+ units
must produce the affordable
units on site.
15% No
Ordinance
applies to all
housing
projects.
50 unit
threshold for
the
production
requirement
5% @ 50% +
5% @ 80% +
5% @ 120%.

Defined credits
for deeper
affordability & #
of bedrooms.
30 Ordinance
applies to all
housing
projects.
50 unit
threshold for
the
production
requirement
5% @ 50% +
5% @ 80% +
5% @ 120%.

Defined credits
for deeper
affordability & #
of bedrooms.
30 Calculated per project. The calculation
methodology is based on the average
land value in Irvine, the average density
of housing in Irvine, and a defined
predevelopment cost allowance.

Formula:
[(Land Value ÷ Density) +
Predevelopment Allowance] x
Percentage Share of Cost related to
affordable units not being produced.

Laguna Beach
Create on-site units; create offsite units; pay in-lieu fee; acquire and convert market
rate units to covenanted
affordable units.
10% to 15% No 10 10% Low or VL or
15% Mod 25 10 15% Mod 15
In-lieu fee is adjusted annually based on
the weighted average sales price per
acre of developed residential land in
Laguna Beach within the prior 12 month
period.

Laguna Woods
Create on-site units; create offsite units; pay in-lieu fee; donate land.
5%/10% No 5 2.5% @ ELI + 2.5%
@ VL 45 5 5% VL + 5% Low 45
$642 per square foot applied to the
total square feet of the required
affordable units.

Rental Development Ownership Development
Prepared by: Keyser Marston Associates, Inc.

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APPENDIX B

INCLUSIONARY HOUSING SURVEY

ORANGE COUNTY
INCLUSIONARY HOUSING: IN-LIEU FEE ANALYSIS

Rental: 9%
or 6% /
Own: 15%
No 10 9% Mod or 6% VL
& Low 55 10 110% 45 $6.50 per square foot of total building area.

Mission Viejo
Create on-site units; create offsite units; pay in-lieu fee; donate land.
15% No
1 /
Projects with 9
or fewer units
produce 1
ADU

7.5% VL + 7.5%
Low
55 1 /
Projects with 9
or fewer units
produce 1
ADU
10% Mod + 5%
Low
45 In-lieu fee is allowed for rental
developments with fewer than 20 units,
and for all ownership housing
developments.

Rental: $41.90/SF
Ownership $58.20/SF
San Juan Capistrano Create on-site units; pay inlieu fee. 10% No 2 Lower Income 55 2 Lower Income 55 Based on 90% of the Affordability Gap,
which is updated monthly based on
benchmark market prices.

Santa Ana
Only applies to changes in
land use and zoning
designations. Create on-site
units; off-site units; pay in-lieu
fee.

Rental: 5% /
15% & Own:
5%
No 5
15% @ Low or
10% @ VL or 5%
@ ELI or 5% Low +
3% VL +2% ELI
55 5 120% 55
Fee charged per sf of habitable area: 5-
9: $6.00; 10-14: $9.00; 15-19: $12; 20+:
$15. Discounts for use of skilled and
trained labor force.

II. Inclusionary Requirements: Rental Projects Only
Anaheim
Create on-site units; create offsite units; pay in-lieu fee; donate land.
10% No 35 At least 3% VL + at
least 7% Low
> of 55
years or as
long as
resid use
In-Lieu fee paid by right. $10 per square
foot of leasable area in the market rate
project.

Prepared by: Keyser Marston Associates, Inc.

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APPENDIX B

INCLUSIONARY HOUSING SURVEY

ORANGE COUNTY
INCLUSIONARY HOUSING: IN-LIEU FEE ANALYSIS

LAGUNA HILLS, CALIFORNIA
Jurisdiction Compliance Options Set Aside %
On-site %
Varies
Threshold
Project Size Affordability
Covenant
Period
Threshold
Project Size Affordability
Covenant
Period In-Lieu Fee
Rental Development Ownership Development
Costa Mesa
Applies only to: properties
located in areas for which the
City has completed a Zone
Change and/or General Plan
Amendment that allows for
residential development; and
properties that receive City
approval of a General Plan
Amendment, Zone Change, or
other discretionary approval.

Create on-site units; create offsite units; pay in-lieu fee; donate land.
5% or 10%
& 4% or 6% No 50
Projects at 60+
units per acre: 5%
VL or 10% L
Properties at less
than 60 units per
acre: 4% VL or 6%
L
55 In-Lieu fee paid by right. $10 per square
foot of leasable area in the market rate
project.

Prepared by: Keyser Marston Associates, Inc.

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Item No. 3.1
City of Laguna Hills
City Council / Planning
Agency
Staff Report
Date: August 19, 2026
To:

From:

Issue: City Manager
Recommendation:

Background:

Fiscal Impact:

Attachments:

None

Page 167 of 261 ends

Item No. 3.2.1
City of Laguna Hills
City Council / Planning
Agency
Staff Report
Date: August 19, 2026
To: Mayor and Council Members
From: Joe Ames, Assistant City Manager
Issue: Approval of Amendment No.1 with All City Management Services for Crossing Guard Services
Recommendation: That the City Council: 1. Approve Amendment No. 1 to the Contract Services Agreement with All City Management Services, Inc. for Crossing Guard Services; 2. Authorize the City Attorney to make minor modifications as may be necessary to execute the Amendment; and 3. Authorize the City Manager to sign Amendment No. 1 to the Contract Services Agreement with All City Management Services, Inc. for Crossing Guard Services.

Background:

On October 24, 2023, the City Council awarded a contract for crossing guard services to All City Management Services, Inc. effective November 10, 2023, after conducting a formal competitive bid for crossing guard services in September 2023. The City’s current contact services agreement for crossing guard services expired on June 30, 2026.

The 2023 bid process was conducted pursuant to Laguna Hills Municipal Code (LHMC) Section 3-08.090, where the procurement of non-professional services with an estimated value greater than $50,000 are required to be made by competitive formal bidding procedures. Such contracts are required to be awarded by the City Council to the lowest responsive, responsible bidder consistent with the City’s established best qualified vendor selection criteria set forth in LHMC Section 3-08.100 (See, LHMC Section 3-08.090(A)–(H)). In determining the best qualified vendor consideration is to be given to price, quality, and performance of non-professional services to be provided by the vendor.

Page 168 of 261 ends

Item No. 3.2.1
In September 2023, three bidders responded to the City's Notice Inviting Bids for crossing guard services: 1. Citiguard, Inc., 2. All City Management Services, and

3. Alltech Industries, Inc. While Citiguard provided slightly lower rates than All City Management Services, Inc., City staff recommended All City Management Services based on the demonstrated quality of services provided and the fact that they have been providing service since 1994.

At City staff's request, ACMS provided a proposal to continue services to the City for another three (3) years. That cost proposal was as follows: Year 4 (2026/2027) = $193,536 (or $38.40 per hour); Year 5 (2027/2028) = $205,531.20 (or $40.78 per hour); Year 6 (2028/2029) = $218,282.40 (or $43.31 per hour).

The current year cost is $182,246.40 (or $36.16 per hour). The proposed increases represented a 6% year-over-year increase.

City staff reached out to neighboring cities and found a neighboring city that has lower rates with a company that never submitted a proposal in response to the City's Notice Inviting Bids in 2023. While it is unknown if that company would bid on Laguna Hills' crossing guard service needs, City staff recommends issuing a Notice Inviting Bids for crossing guard services anticipating that the company may submit a lower cost proposal for evaluation.

Therefore, City staff is recommending that City Council approve Amendment No. 1 to the current Contract Services Agreement with All City Management Services, Inc. for Crossing Guard Services that will extend the contract until December 31, 2026. This action will allow enough time for City staff to issue a Notice Inviting Bids for crossing guard services, review the bids, and make an award recommendation for a long-term contract.

Fiscal Impact:

Proposed Amendment No. 1 to the current Contract Services Agreement with All City Management Services, Inc. for Crossing Guard Services that will extend the contract until December 31, 2026 has a total estimated fiscal impact of $85,248.00. There is sufficient budget in the City's operating budget to fund the anticipated expense.

Attachments:

1. Proposed Amendment No. 1 to All City Management Services Agreement

2. Addendum to Item 3.2_Uploaded 08/14/2026

3. City of Laguna Hills Proposal_Uploaded 08/14/2026

4. Agreement All City Management Services Inc._Uploaded 08/14/2026

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1 AMENDMENT NO. 1

TO AGREEMENT FOR PROFESSIONAL SERVICES
All City Management Services, Inc
Crossing Guard Services
THIS FIRST AMENDMENT to the All City Management Services, Inc. Professional Services Agreement for Citywide Traffic Signal Maintenance Services (the "Amendment" or “Amendment No. 1”) is made and entered into to be effective July 1, 2026, by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California, (hereinafter referred to as "City") and ALL CITY MANAGEMENT SERVICES, INC., a California corporation, (hereinafter referred to as “Contractor"). City and Contractor are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as "Parties".

RECITALS
A. City and Contractor previously entered into that certain Professional Services Agreement for Citywide Traffic Signal Maintenance Services, which was made and entered into on November 10, 2023 (the “Agreement”), and which may be duly amended, in writing, from time to time by the Parties. Sections 2.3 (Changes in Scope), and 3.2 (Schedule of Performance) of the Agreement provide that the Agreement may be amended, modified, and additional services provided, in writing at any time by mutual consent of the Parties.

B. City has been satisfied with Contractor’s services provided under this Agreement and desires to renew the Agreement pursuant to Section 3.4 (Term), which provides for extensions.

C. Contractor submitted a proposal dated ____________ to extend the Agreement through December 31, 2026, a copy of which proposal is attached hereto as Exhibit A to this Amendment and incorporated herein by this reference.

D. The Parties now desire to extend the term of the Agreement through December 31, 2026 and to approve the rate adjustment set forth herein. The adjusted rates, as set forth in Exhibit A to this Amendment, shall supersede and replace the fees, rates and/or unit prices set forth in Contractor’s l Proposal/Scope of Work previously attached under Exhibit A to the Original Agreement.

E. Pursuant to Section 2.1 (Maximum Contract Amount), the Parties further desire to extend the Term of the Agreement and increase the Annual Maximum Amount to include the following additional not-to-exceed annual compensation amounts: Eighty-Five Thousand Two Hundred Forty-Eight Dollars ($85,248.00) for an extension of the contract for an additional six months, expiring December 31, 2026; and an additional Five Thousand Dollars ($5,000) for unforeseen circumstances. As a result, the total not-to-exceed Maximum Contract Amount set forth in Section 2.1 is hereby increased from Four Hundred Fifty-Seven Thousand One Hundred Fifty-Two Dollars ($457,152) to Five Hundred Forty-Seven Thousand Four Hundred Dollars ($547,400). All other terms, conditions, and scope of work set forth in the original Exhibit A shall remain in full force and effect.

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2 NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the Parties agree as follows:

AGREEMENT

1. Extended Term. The Parties hereby agree to extend the term of the Original Agreement for an additional period of six months commencing on July 1, 2026 and expiring on December 31, 2026. Unless sooner terminated in accordance with the terms hereof.

2. Rate adjustment. The adjusted rates applicable during the Extended Term are set forth in Exhibit A attached hereto and incorporated herein by this reference. Exhibit A superseded and replaces the fee schedule, rates, and unit prices contained in the Original Proposal/Scope of Work previously attached as Exhibit A to the Original Agreement.

3. Maximum Contract Amount. Pursuant to Section 2.1 of the Original Agreement, the Parties hereby agree to increase the Maximum Contract Amount from Four Hundred Fifty-Seven Thousand One Hundred Fifty-Two Dollars ($457,152) to Five Hundred Forty-Seven Thousand Four Hundred Dollars ($547,400) (hereinafter referred to as the " Maximum Contract Amount"). Compensation shall be payable according to the fees and at the rates, charges and unit prices set forth in Exhibit A, attached hereto and incorporated herein.

4. Full Force and Effect. This Amendment is supplemental to the Agreement and is by reference made part of said Agreement. All of the terms, conditions, and provisions, thereof, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment and any provisions of the Agreement, the provisions of this Amendment No. 1 shall in all respects govern and control.

5. Recitals. The above-referenced Recitals are hereby incorporated into this Amendment No. 1 as though fully set forth herein and made part of the Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

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

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3 IN WITNESS WHEREOF, the Parties have executed and entered into this Amendment to the Agreement as of the date first written above.
"CITY"
CITY OF LAGUNA HILLS, a California
municipal corporation
By: ______________________________________

DON CASKEY,
Mayor
ATTEST:

By:________________________________
JENNIFER LEE, City Clerk
APPROVED AS TO FORM:

By:________________________________
Vanessa Lassooy,
Assistant City Attorney
"CONTRACTOR"
ALL CITY MANAGEMENT SERVICES, INC.,
a California corporation
By:

Name: Baron Farwell
Its: President
By:

Name: Demetra Farwell
Its: Corporate Secretary

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4 ATTACHMENT “A”

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CITY OF LAGUNA HILLS

MEMORANDUM
DATE: August 17, 2026
TO: City Council
FROM: Joe Ames, Assistant City Manager
SUBJECT: Item 3.2.1: Approval of Amendment No.1 with All City Management Services, Inc. for Crossing Guard Services
Regarding the subject agenda item, I accidentally omitted two supporting documents from the agenda report:

1. Exhibit A to proposed Amendment No. 1, which is the proposal from All City Management Services for service through December 31, 2026.

2. The existing Agreement with All City Management Services.

The documents are attached.

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6 Sites @ 4.00 hrs/day, 5 days/wk 1872 X $38.40 = $71,884.80 (6 sites x 4.00 hrs/day x 78 days/yr)
Sites with Traditional Calendar
Calendar Groups Hours/Year Hourly Billing Rate Group Total All City Management Services Inc.

Client Worksheet 2026 - 2027
Department: 1003101
Laguna Hills, City of
Billing Rate for 2026/2027: $ 38.40
TOTAL ANNUAL PROJECTED HOURS: PROJECTED COST:
1 Sites @ 4.00 hrs/day, 5 days/wk 348 X $38.40 = $13,363.20 (1 site x 4.00 hrs/day x 87days/yr)
2,2220 $85,248.00
Estimate for services through 12/31/2026

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CONTRACT SERVICES AGREEMENT
All City Management Services, Inc.
(Crossing Guard Services)
THIS AGREEMENT FOR CROSSING GUARD SERVICES (hereinafter "Agreement") is made and entered into, to be effective this 10th day of November 2023, by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California, (hereinafter referred to as "City") and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (hereinafter referred to as "Contractor"). City and Contractor are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the "Parties."

RECITALS
A. City has determined that there is a need to retain the services of a qualified contractor equipped and specially trained in appropriate procedures for crossing pedestrians in crosswalks for general pedestrian safety within designated marked crosswalks in the City, including but not limited to designated school crosswalk areas (the "Project").

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

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

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

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

AGREEMENT

1. SERVICES OF CONTRACTOR

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

PS-23-001), which are attached hereto as Exhibits "A" and "B," respectively, and are 1 1794084.1

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incorporated herein by reference (hereinafter referred to as the "Scope of Services," the "Services" or "Work"). As a material inducement to the City entering into this Agreement, Contractor acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contractor's Services and Work shall be performed in a skillful and competent manner and shall be held to a standard of quality and workmanship prevalent in the industry for such Services and Work and with the standards recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it is skilled in the professional discipline necessary to perform the Services and Work and that it holds the necessary skills and abilities to satisfy the standard of work as set forth in this Agreement.

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

1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Consultant's signed, original Proposal, dated September 27, 2023, ("Consultant's Proposal") and submitted to City; (3) the City's Notice Inviting Bids and Specifications for Crossing Guard Services, dated August 23, 2023, which shall all be referred to collectively hereinafter as the "Contract Documents." The Consultant's Proposal and the City's Notice Inviting Bids, which are each attached hereto as Exhibits "A" and "B" respectively, are hereby incorporated by reference and are made a part of this Agreement. All provisions of this Agreement, the Consultant's Proposal, and the City's Notice Inviting Bids shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms and conditions of this Agreement; (2nd) the provisions of the City's Notice Inviting Bids (Exhibit "B"); and (3
rd
) the provisions of the Consultant's Proposal (Exhibit "A").

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

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

1.4 Licenses, Permits, Fees, and Assessments. Prior to performing any Services or Work hereunder Contractor shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and 2 1794084.1

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

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

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

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

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

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

2. COMPENSATION
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2.1 Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Contractor shall be compensated by City for the services performed in accordance with the hourly rates and charges as established and set forth in the Schedule of Compensation/Fees, which is attached hereto as Exhibit "A" and is incorporated herein by reference, but not exceeding the total maximum contract amount of Four Hundred Fifty Seven Thousand One Hundred Fifty Two Dollars ($457,152.00) (hereinafter referred to as the "Maximum Contract Amount"). The method of compensation shall be as set forth in Exhibit "A". The total not-to-exceed Maximum Contract Amount is an aggregate of the following notto-exceed annual compensation amount limits: $138,845 for Year 1 (2023/2024); $147,096 for Year 2 (2024/2025); $156,211 for Year 3 (2025/2026); and an additional $5,000 per year ($15,000) during the Term of this Agreement to cover unanticipated contingency costs. The maximum amount of City's payment obligation under this Agreement is the amount specified in this section.

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

2.3 Changes in Scope.

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

B. Notwithstanding the foregoing, the City shall have the right, at its sole discretion, to determine the hours and locations where and when such Services and Work shall be performed by Contractor. Toward this end, the Contract Officer is hereby authorized to modify, adjust, increase, decrease or delete from, or otherwise revise, the work schedule/crossing guard locations established and set forth in Contractor's Proposal, attached hereto as Exhibit "A" at any time during the term of this Agreement due to scheduling needs, priorities, budget considerations, and any applicable public health orders and/or guidelines, state or locally declared emergencies, and/or other circumstances. The Contract Officer shall promptly notify Contractor in writing of such changes or modifications to the work schedule/crossing guard 4 1794084.1

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locations. Such changes or modifications to the work schedule/crossing guard locations shall not be considered a change in the Scope of Services and shall not require a written amendment to this Agreement, provided such changes or modifications do not exceed the Maximum Contract Amount.

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

3. SCHEDULE OF PERFORMANCE

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

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

3.2 Schedule of Performance. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance, which is attached hereto as Exhibit "A" and is incorporated herein by reference. When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant such an extension.

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

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

4. COORDINATION OF WORK
5 1794084.1

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

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

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

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

4.4 Independent Contractor.

A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Contractor a City employee. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Contractor will determine the means, methods and details of performing the Sevices subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, its officers, employees or agents, shall not maintain a permanent office or fixed business location at City's offices. City shall have no voice in the selection, discharge, 6 1794084.1

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supervision, or control of Contractor's officers, employees, representatives or agents or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees as required by law in connection with the performance of Services under this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.

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

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

Except for professional fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing any Work or Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2, of any nature relating to salary, taxes, or benefits of Contractor's officers, employees, representatives, agents, or subconsultants or subcontractors, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations.

4.5 PERS Eligibility Indemnification.

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

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

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

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

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

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

Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.

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

C. Workers' Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers' Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers' compensation insurer waiving all subrogation rights under its workers' compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers' compensation insurance policies. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer's Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease. 8 1794084.1

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

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

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

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

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

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

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

5.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance and shall protect the City, its officials, officers, employees, agents and volunteers, in the same manner and to the same extent 9 1794084.1

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as they would have been protected had the policy or policies not contained a deductible or selfinsured retention.

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

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

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

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

5.10 Enforcement of Agreement (Non-Estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of any noncompliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder. 10 1794084.1

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5.11 Insurance for Subconsultants. Contractor shall include all subconsultants or subcontractors engaged in any Work or Services for Contractor relating to this Agreement as additional insureds under the Contractor's insurance policies, or Contractor shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Contractor's subconsultants or subcontractors performing any Work or Services related to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers, as additional insureds. Contractor shall not allow any subconsultant or subcontractor to commence any Work or Services relating to this Agreement unless and until it has received satisfactory evidence of their compliance with all insurance requirements under this Agreement, to the extent applicable. Contractor agrees to provide satisfactory evidence of compliance with this subsection upon request of the City.

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

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

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

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

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

Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. 11 1794084.1

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

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

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

7. REPORTS AND RECORDS

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

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

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

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subconsultants, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of 12 1794084.1

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

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

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

8. ENFORCEMENT OF AGREEMENT

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

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

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

8.3 Termination. City may terminate this Agreement for any reason, with or without cause, upon giving Contractor thirty (30) days written notice. Upon such notice, City shall pay Contractor for Services performed through the date of termination. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination. In 13 1794084.1

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addition, Contractor reserves the right to terminate this Agreement at any time upon sixty ( 60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Contractor may determine.

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

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

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

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

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of any state statute or regulation. Contractor represents and warrants that 14 1794084.1

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

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

10. MISCELLANEOUS PROVISIONS

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

To City:

To Contractor:

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

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

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

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

10.3 Severability. Whenever possible, each provision of this Agreement shall be 15 1794084.1

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

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

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

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

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

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

Any person with a record of a conviction ( or guilty plea) of a felony or a misdemeanor involving a violent or sexual crime, including those crimes set forth in Penal Code section 11105.3, shall not perform any services or work related to the Agreement. All persons undergoing a criminal background investigation under this section shall submit for said investigation on an annual basis throughout the term of the Agreement.
[SIGNATURES ON NEXT PAGE]
16 1794084.1

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IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
"CITY"
City of Laguna Hills,
a California mu ·,,_,·......,.;n-,,....,,_,,r
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(SEAL)

IFERLEE,
. y Clerk
APPROVED AS TO FORM:
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City Attorney
"CONTRACTOR"
All City Management Services, Inc., a
California corporation
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17 1794084.1

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EXHIBIT "A"

CONTRACTOR'S PROPOSAL
DATED: SEPTEMBER 27, 2023
AND

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

SCOPE OF SERVICES FOR PROJECT

INCLUDING,

SCHEDULE OF PERFORMANCE
AND

SCHEDULE OF COMPENSATION/ HOURLY FEES
1794084.1

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Tab 1- Cover Letter

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September 21, 2023
Jennifer Lee, City Clerk
City of Laguna Hills
NIB Crossing Guard Services PS-23-001
24035 El Toro Road, Laguna Hills, CA 92653
Dear City Clerk:

On behalf of All City Management Services, Inc. (ACMS), I would like to express our sincere appreciation for the potential opportunity to continue to serve the City of Laguna Hills Crossing Guard Program. We are proud to have served the community of Laguna Hills for the past eleven (14) years and we look forward to the opportunity to serve the City of Laguna Hills once again.

We have received the Notice Inviting Bids and have reviewed the Proposal Documents, General Specifications and Sample Services Agreement Contract. We agree with the terms and conditions set forth with exceptions to Appendix D - Sample Contract Services Agreement; Item #6 Indemnification. Please see our Exceptions page included in our response for additional details.

Our goal is simple, to continue to relieve the City of Laguna Hills of the day-to-day responsibilities of managing a School Crossing Guard Program. As your service provider, we will continue to assume complete responsibility for the day-to-day operations of the Laguna Hills Crossing Guard program. This includes recruitment, background clearance, hiring, training, equipment, payroll, supervision and management of the program. We will continue to maintain local supervision, alternate guards, a paging system and a 24-hour 800 number to ensure adequate response and immediate back-up for any Crossing Guard absent from duty for any reason. We also establish communication with each school to ensure proper scheduling.

We have become the nation's largest provider of private crossing guard services as a result of our singular focus to this industry, as well as the development of benchmark training. This includes our "Employee Handbook for School Crossing Guards" which details our Job Requirements, the initial and ongoing Training we provide, including our Site Evaluations, our Rules of Conduct, Crossing Guard of the Year recognition and the Certification Requirements for all ACMS Crossing Guards.

Corpor te S cretary
demetra ecrossingguardcompany .com
We are certainly excited about the possibility of continuing to provide Crossing Guard services for the City of Laguna Hills. If you have any questions, please feel free to contact me at 800 540-9290 ,,
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Tab 6-Approach and Method

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Approach and Management Plan
ACMS employs a Team Concept of management which results in efficient field operations as well as providing a multifaceted response to potential problems. The Vice President of Operations and National Operations Manager work together (with input from City of Laguna Hills) to establish specific program objectives and expectations. These Senior Managers then work directly with your Project Manager and Area Supervisor to implement the management plan.

The Project Manager, along with your local Area Supervisor, has responsibility for the direct management of the Crossing Guards and together they will continue to ensure City of Laguna Hills operational expectations are met. Standards and expectations are communicated to Crossing Guards personally by their local supervisor so as to allow the employee a better understanding of the decision-making process. This helps reduce confrontational attitudes by establishing and enhancing the common goal of providing for the safety of school children.

Crossing Guard performance and compliance with safety standards will continue to be accomplished through regular site visits by the local Area Supervisor and Project Manager. In addition to verbal training and counseling, these managers are supported by the use of Field Training Check Lists, Field Training Cards, Site Performance Evaluations and independent Field Observations. Reports of satisfactory completion of all levels of training and ongoing safety reviews will be summarized and available to the City of Laguna Hills representative.

Department of Justice background checks will be completed on all potential employees as allowed by California state law and Pursuant to Education Code 45125.1. Successful completion of the background check and Social Security verification via E-Verify is required prior to the employee being hired.

After pre hire screening ACMS may conduct random field testing for drugs and or alcohol when use is suspected or at the discretion of management.

ACMS has a strict policy on Drug and Alcohol abuse. This policy is included in our Employee Manual.

Internal minimum passing standards along with City of Laguna Hills established standards would prevent any person from working as a Crossing Guard for the program who has been convicted of any felony, a crime of moral turpitude or a crime against children, including, but not limited to:
• Conduct in violation of California Penal Code or which requires registration under California Penal Code
• Conduct which requires registration under the California Health and Safety Code. 15

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• Any offense involving the use of force or violence upon another person. • Any offense involving theft, fraud, dishonesty, or deceit. • Any offense involving the manufacture, sales, possession, or use of a controlled substance.
• Conspiracy or attempt to commit any of the aforementioned offenses. • Any registered sex offender or narcotics offender.

Summary reports of background clearance on employees within the City of Laguna Hills Crossing Guard program will be regularly available to the City.

ACMS will investigate all public complaints concerning crossing guard services. All incidents shall be reported to the City within two (2) hours to advise them of the nature of the complaint.

ACMS shall furnish a written report within five (5) business days after the date of the incident, which includes the course of action/remedy/resolution of said complaint.

Communications with individual school sites is facilitated by the Area Supervisors. Personal visits are made regularly ( once per month) to each school site in an effort to develop relationships with staff and establish a collaborative environment for information exchange.

Calendars and bell schedules are obtained for each school both at the beginning of the school year and periodically throughout the year. Key school personnel are supplied with appropriate contact information (business cards) and reminded to inform ACMS of any changes.

Additionally, schools are provided with large magnets which can be easily displayed making contact information effectively available to all staff. The email address of the Office Manager is also obtained which enables ACMS administrative support staff to regularly contact each school and proactively solicit information regarding potential schedule changes.

The establishment of accurate and responsive shift times is critical to the effectiveness of Crossing Guard services. Sites further from the school would be expected to start earlier in the morning and finish later in the afternoon. These staggered shifts effectively address the time it takes for students to walk from a remote location to the school site ( or vice versa in the afternoon) and optimize the protected periods. Additionally, locations are continually monitored for actual pedestrian traffic patterns enabling a better understanding of site needs and any potential deviation from established guidelines. 16

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Recruitment and Staffing
ACMS Managers will continue to assess the staffing needs of the City of Laguna Hills on an ongoing basis. We will focus further recruitment efforts in the geographical areas where additional Crossing Guards will be needed.

We have developed a comprehensive plan for the recruitment of new Crossing Guards.

As a part of our Staffing strategy, we encourage a very aggressive recruitment program.

We utilize soft advertising, local media advertising, targeted flyers, on-site solicitation, school flyers and employee referral bonuses as parts of our overall recruitment strategy.

We often work closely with school districts in some of our recruitment drives.

Our ability to effectively staff a Crossing Guard Program remains a fundamental benefit that ACMS brings to most Crossing Guard Programs. Staffing sites is one of the primary responsibilities of the Area Supervisors. They are trained to continuously recruit and train prospective Crossing Guards. New recruits are first processed and submitted to the Department of Justice for background clearance.

Supervisors are also responsible for coordinating the staffing for all sites under their supervision. As part of our staffing strategy Area Supervisors aggressively enforce the following policies and procedures for Crossing Guards.
♦ Supervisors must maintain an adequate alternate or substitute guard roster. We encourage at least a 5 to 1 ratio of sites versus alternate guards.
♦ We require any guard not reporting for duty to notify the Area Supervisor as early as possible utilizing our 24/7 Guard Hotline or directly notifying their Area Supervisor. Notifications less than 1 hour prior to shift starts are considered unexcused absences. ♦ Our employee policy is "No call, No show, No Job" Throughout our training we emphasize the importance of ensuring the safety of children with our presence. As such, we cannot allow the children's safety to be compromised by failing to call or no show for duty.

Supervisor Teams - City of Laguna Hills would benefit from our presence in nearby cities such as: Aliso Viejo, Newport Beach, Costa Mesa, Laguna Beach, Lake Forest, Rancho Santa Margarita, Cypress, Garden Grove, Huntington Beach, Fountain Valley, and Santa Ana, among others. Area Supervisors are grouped together by their geographic location. These Teams meet every quarter and team members are encouraged to work together. This cooperative effort allows them to share alternate guards with each other, if needed. This has resulted in alternates guards getting more hours as they are "shared" with other Supervisors. Consequently, we are able to retain a more stable group of alternate guards.
17

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Training
Effective initial and ongoing training is essential in a profession dedicated to the safety of children. With over 38 years of experience and a commitment to working cooperatively with other public safety professionals, ACMS is recognized as an industry leader in the development and implementation of School Crossing Guard training and standards of excellence.

The process begins during the first contact with a potential employee when our phone interview process outlines job expectations and our zero-tolerance policy for failure to report for a scheduled shift. Throughout the application process prospective employees are reminded about the critical nature of our assignments and the work ethic and integrity required of our employees.

Once hired, the training process starts in the classroom where employees review sections of the "Employee Handbook/or Sc/tool Crossing Guards" and are shown the professionally produced training DVD, "Crossing Guard Safety." The process then moves to a field practicum where the trainer demonstrates proper procedures and allows the employee to practice correct techniques. The employees' progress is closely noted on the detailed steps outlined on the the Field Training Check List to ensure the employees' field competence. This cross-modality approach not only exposes the employee to the necessary training components but also addresses the needs of the visual, auditory, and kinesthetic learner. While the classroom setting is expected to require approximately one hour and the field training approximately two hours, it's important to note that the low ratio of students to trainer allows for accurate assessments of the employees' readiness to move forward.

The new employee is typically assigned to alternate work and closely supervised during their early assignments. They benefit from their trainer completing a written assessment of their work which better allows them to understand their strengths and weakness and make improvements where necessary (the Site Performance Evaluation). Additionally, all new employees are required to carry and regularly refer to the Field Training Cards. This pocket-sized card (listing all steps for a safe cross) allows the employee to self-evaluate their performance prior to the time they have all steps of the procedures memorized.

Throughout their employment, employees are subjected to the same Site Performance Evaluation as an ongoing training and assessment tool. These evaluations happen in both sideby-side sessions as well as unannounced observations without the knowledge of the employee.

The standard issue equipment and clothing includes:
• ANSI II compliant high-visibility retro-reflective vest marked with the required insignia of a Crossing Guard
• MUTCD compliant 18" STOP/STOP paddle
• Picture Identification Card with emergency contact information • Company-issued cap or visor with corporate logo
• Whistle for emergency alert to vehicles and pedestrians • High-visibility ANSI II compliant wind-breaker jacket 18

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Added Benefit - Unspecified Value
All City Management Services, Inc. (ACMS) has developed a Crossing Guard "App" that is geofenced, which only allows guards to clock in once they are actually on site. This "App" will indicate when a crossing guard is on site and more importantly, allows ACMS to quickly identify when a guard is not on site.

This "App" will allow ACMS to not only quickly determine where staffing efforts are needed but also will improve our billing and invoicing accuracy. Our billing/invoicing is tied to our payroll and by having a more efficient process for timekeeping, this should eliminate potential billing inaccuracies.

There is no additional cost to have this incorporated into the City of Laguna Hills program and if awarded, we expect to roll this out for the 2023/2024 school year. 19

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Tab 7 - Fee Schedule

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Proposed Hourly Rate
Year 1 (2023/2024)
As a full service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are included in the proposed hourly billing rate. This would include but be not limited to; recruitment, background clearance, training, equipment, insurance, supervision and management of the City of Laguna Hills, CA Crossing Guard Program.

Proposed Hourly Rate: Thirty-two Dollars and Fourteen Cents ($32.14) per hour, per guard. This pricing is based upon 6 crossing guards compensated an average of 4.0 hours per day, for 180 school days annually. Local field supervision and substitute guards 0061re also included in the rate, as are all other costs except as noted below. Based 4,320 hours, we project a Not to Exceed price of $138,845.

Invoices for services are mailed every two weeks. Included with each invoice is a Work Summary, which details each site, each day and the hours worked at that site. City of Laguna Hills would only be billed for Crossing Guard services rendered on designated "school days" unless otherwise requested by the City.

The hourly rate does not include additional safety equipment, crosswalk delineators, cones or safety devices. If the City should desire any such additional equipment the additional cost would be billed to the City.

ACMS Contact Information
Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Phone numbers: 310.202.8284 or 800.540.9290
Fax number: 310.202.8325
Website address: www.thecrossingguardcompany.com
24 Hour Emergency Dispatch: 877.363.2267
General Manager: Brian Brooks:

Marketing Manager: David Mecusker:

Contract Administrator: Claudia Than:

Comptroller: John Varner
[email protected]
[email protected]
[email protected]
[email protected]
This pricing is valid for a period of 90 days.
20

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Tab 10- Certificate of Proposal

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Appendix A

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

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

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

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

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

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

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

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

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

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

Executed this 24th day of _A_u~gu_s_t ,2023, at. Santa Fe Springs , California.

Name of Authorized Representative _D_e_m_e_t_ra_F_a_rw_e_ll _ Title of Authorized Representative_C_o_rp_o_r_at_e_S_e_cr_e_ta_ry _

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Appendix B

CONSULTANT'S ACKNOWLEDGEMENT OF COMPLIANCE WITH INSURANCE

REQUIREMENTS FOR

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

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

Consultant: All City Management Services, Inc.

Name (Please Print or Type)
By: Demetra Farwell, Co orate Secretai
--=--~=--=-t--f,_'-~.,;;-~=---=------------"------"------"-- ) onsultant's Signature & Title
Date o/;}:Lf/ d--3 ---~;----

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Appendix C

CERTIFICATION OF BID TO THE CITY OF LAGUNA HILLS
The undersigned hereby submits its Bid and agrees to be bound by the terms and conditions of this Notice Inviting Bids Bid (NIB) Bid for Citywide School Crossing Guard Services. By signing the Certification of Bid (Appendix C) and submitting a Bid to the City in response to this Notice Inviting Bids, the Proposer hereby represents and certifies that:
1) Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this Bid or any work connected with this Bid. Should any agreement be approved in connection with this Notice Inviting Bids, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.
2) By submitting the response to this request, Proposer agrees, if selected to furnish services to the City in accordance with this RFP.
3) Proposer has carefully reviewed its Bid and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them.
4) It is understood and agreed that the City reserves the right to accept or reject any or all Bids and to waive any informality or irregularity in any Bid received by the City. 5) The Bid response includes all of the Bid response requirements listed in the Notice Inviting Bids, dated August 23, 2023.
6) The Bid shall be valid for 120 days from September 27, 2023.

Name of Proposer:

Name: Demetra Farwell
Title:

Date:
---
<[ ,+-pt/
--,-
b---s "'---------

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EXHIBIT "B"

CITY OF LAGUNA HILLS

NOTICE INVITING BIDS AND SPECIFICATIONS
FOR

SCHOOL CROSSING GUARD SERVICES
(NIB NO. PS-23-001)
DATED: AUGUST 23, 2023
1794084.1

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CITY OF LAGUNA HILLS

CALIFORNIA

NOTICE INVITING BIDS

AND SPECIFICATIONS FOR

CROSSING GUARD SERVICES
PS-23-001

PREPARED BY

CITY OF LAGUNA HILLS
24035 EL TORO ROAD
LAGUNA HILLS, CA 92653
Issued:

Bid Opening:

AUGUST 23, 2023
SEPTEMBER 27, 2023

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TABLE OF CONTENTS
FOR

NOTICE INVITING BIDS AND SPECIFICATIONS FOR

CROSSING GUARD SERVICES
NOTICE INVITING SEALED BIDS NB-1
INTRODUCTION AND INSTRUCTIONS TO BIDDERS I8-1

1. Introduction

2. Proposed Time Schedule

3. Instructions to Bidders and Procedures for Submittal

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

APPENDIX A- NON-COLLUSION AFFIDAVIT

APPENDIX B - CONTRACTOR'S ACKNOWLEDGEMENT OF COMPLIANCE WITH

INSURANCE REQUIREMENTS

APPENDIX C - CERTIFICATION OF BID TO THE CITY OF LAGUNA HILLS

APPENDIX D - SAMPLE CONTRACT SERVICES AGREEMENT
ATTACHMENT 1 - SCHOOL SITE ADULT CROSSING GUARD LOCATIONS ATTACHMENT 2 - SCHOOL SITE BELL SCHEDULES
ATTACHMENT 3 - SVUSD SCHOOL YEAR CALENDAR FOR 2023/2024

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CITY OF LAGUNA HILLS

NOTICE INVITING SEALED BIDS FOR

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

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

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

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

1. Approach

2. Method.

3. Experience.

4. References.

5. Agreement to all terms of the Contract Agreement.

6. Fee.

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

Dated this 23
rd day of August 2023.

Published: Saddleback Valley News
City of Laguna Hills, California

BY ----------- JENN IF ER LEE, CITY CLERK
24035 El Toro Road
Laguna Hills, CA 92653
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CITY OF LAGUNA HILLS

INTRODUCTION AND INSTRUCTIONS TO BIDDERS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A. The cost and quality of the goods and supplies, equipment, materials, or nonprofessional services;
B. The ability, capacity, and skill of the vendor to perform and to provide the goods and supplies, equipment, materials or nonprofessional services requested; 1B-3

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

NO OBLIGATION. The release of this Notice Inviting Bids does not obligate or compel the City to enter into a contract or agreement.
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NON-DISCRIMINATION. Bidder represents and warrants that it does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, material status, physical condition, pregnancy or pregnancy related conditions, political affiliation or opinion, age or medical condition.

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

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

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

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

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

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

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

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

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

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SUBCONTRACTORS. Subcontractors shall not be used to perform the scope of services.

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

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

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

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

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

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

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

B. Company Data
Please submit the following information:
1 . Official name and address.

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

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

4. Federal Employer I.D. Number.

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

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

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

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

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

Please indicate:

Year started and completed Type of Contract
Contracting Agency/Client Project Description Project Manager Developer of project
1 0.Any failures or refusals to complete a contract and explanation.

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

12. Financial interests in other lines of business.

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

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

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

Resume Format:

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

Summary of Experience:

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

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

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

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restrictions to changes in key personnel. A transition plan shall be presented in this section in the event there are proposed changes in key personnel during the term of the agreement.

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

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

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

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

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

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

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

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

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

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

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CITY OF LAGUNA HILLS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Crossing Guards involve a high degree of public contact. Discourtesy, rudeness, use of profanity, or physical contact by the Contractor's employees are unacceptable. Such unacceptable behavior may result in the immediate removal of the offending contract employee from performance of duties. Contractor must act in a diplomatic manner as they are the liaison between the community and the City of Laguna Hills Police Services.

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

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

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

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

1. Alicia Parkway/ Wilkes Place

2. Alicia Parkway/ Wilkes Place

3. Earhart Road I Barents

4. Santa Vittoria Drive / Barbera

5. La Paz Road I Paseo de Valencia

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

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

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

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

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

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

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

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

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

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• Modify or alter any requirements herein;
• Identify additional tasks to be accomplished prior to establishing a formal contractual agreement, and
• Make no award.

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

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

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

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Appendix A

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

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

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

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

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

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

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

Executed this ___ day of _______ ,2023, at. , California.

Signature of Authorized Representative _
Name of Authorized Representative _
Title of Authorized Representative _

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Appendix B

CONSULTANT'S ACKNOWLEDGEMENT OF COMPLIANCE WITH INSURANCE

REQUIREMENTS FOR

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

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

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

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Appendix C

Name of Proposer:

By: (Authorized Signature)
Name: --------------
Title:

Date: ---------------

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

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

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

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

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

AGREEMENT

1. SERVICES OF CONTRACTOR

1.1. Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Contractor agrees to provide and perform the crossing guard services for the Project as set forth in Contractor's Proposal, dated --
,_2023, which is attached hereto as Exhibit "A" and is incorporated herein by reference (hereinafter collectively referred to as the "Scope of Services," the "Services" or "Work"). As a material inducement to the City entering into this Agreement, Contractor acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contractor's Services and Work shall be performed in a skillful and competent manner and shall be held to a standard of quality and workmanship prevalent in the industry for such Services and Work and with the standards recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it is skilled 1518796.1

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SAMPLE DRAFT CONTRACT - SUBJECT TO CHANGE AT THE TIME OF FINAL CONTRACT AWARD in the professional discipline necessary to perform the Services and Work and that it holds the necessary skills and abilities to satisfy the standard of work as set forth in this Agreement. Contractor represents and warrants that it and all of its employees, subconsultants, subcontractors providing any Work or Services under this Agreement shall have sufficient skill and experience to perform the Work or Services assigned to them. All Work or Services shall be completed to the reasonable satisfaction of the City.

1.2. Contract Documents. The Agreement between the Parties shall consist of the following: 1) this Agreement; 2) the Consultant's signed, original Proposal, dated ___ ,2023, ("Consultant's Proposal") and submitted to City; and 3) the City's Notice Inviting Bids for Citywide School Crossing Guard Services, dated August 23, 2023, which shall all be referred to collectively hereinafter as the "Contract Documents." The Consultant's Proposal and the City's Notice Inviting Bids, which are both attached hereto as Exhibits "A" and "B," respectively, are hereby incorporated by reference and are made a part of this Agreement. All provisions of this Agreement, the Consultant's Proposal, and the City's Notice Inviting Bids shall be binding on the Parties. Should any conflict or inconsistency exist. in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms and conditions of this Agreement; (2nd) the provisions of the City's Notice Inviting Bids (Exhibit "B"); and (3rd) the provisions of the Consultant's Proposal (Exhibit "A").

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

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

Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Work and Services required by this Agreement, and shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, and approvals of whatever nature that are legally required to perform the Work or Services. 1518796.1

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

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

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

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

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

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

2. COMPENSATION

2.1. Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Contractor shall be compensated by City for the services performed in accordance with the hourly rates and charges as established and set forth in the Schedule of Compensation/Fees, which is attached hereto as Exhibit "A" and is incorporated herein by reference, but not exceeding the total maximum contract amount of Dollars ($ _ (hereinafter referred to as the "Maximum Contract Amount"). The method of compensation shall be as set forth in Exhibit "A". The maximum amount of City's payment obligation under this Agreement is the amount specified in this section.

2.2. Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation/Fees (Exhibit "A"}, in any month in which Contractor wishes to receive payment, no later than the tenth (10
th
) working day of such month, Contractor shall
submit to the City, in a form approved by the City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments 1518796.1

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

2.3. Changes in Scope.

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

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

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

3. SCHEDULE OF PERFORMANCE

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

3.2. Schedule of Performance. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance, which is attached hereto as Exhibit "A" and is incorporated herein by reference. When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant such an extension.

3.3. Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, pandemics, 1518796.1

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SAMPLE DRAFT CONTRACT - SUBJECT TO CHANGE AT THE TIME OF FINAL CONTRACT AWARD quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Contractor, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this section.

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

4. COORDINATION OF WORK

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

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

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

4.3. Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Services required without prior written consent of City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor.
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SAMPLE DRAFT CONTRACT- SUBJECT TO CHANGE AT THE TIME OF FINAL CONTRACT AWARD

4.4. Independent Contractor.

Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, its officers, employees or agents, shall not maintain a permanent office or fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor's officers, employees, representatives or agents or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Services under this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.

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

C. No City benefits shall be available to Contractor, its officers, employees, or agents, in connection with the performance of any Work or Services under this Agreement. Except for professional fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing any Work or Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2, of any nature relating to salary, taxes, or benefits of Contractor's officers, employees, representatives, agents, or subconsultants or subcontractors, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations.

4.5. PERS Eligibility Indemnification.

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SAMPLE DRAFT CONTRACT- SUBJECT TO CHANGE AT THE TIME OF FINAL CONTRACT AWARD any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

5. INSURANCE

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

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

Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for 1) contractual liability; 2) cross liability exclusion for claims or suits by one insured against another; or 3) contain any other exclusion contrary to the Agreement.

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

5.3. Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance 1518796.1

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SAMPLE DRAFT CONTRACT - SUBJECT TO CHANGE AT THE TIME OF FINAL CONTRACT AWARD for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI), by the latest edition of A.M. Best's Key Rating Guide, except that the City will accept workers' compensation insurance from the State Compensation Fund. In the event the City determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.

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

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

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

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

5.5. Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance and shall protect the City, its officials, officers, employees, agents and volunteers, in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retenti9n.

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

5.7. Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, 1518796.1

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SAMPLE DRAFT CONTRACT - SUBJECT TO CHANGE AT THE TIME OF FINAL CONTRACT AWARD officers, employees, agents and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

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

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

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

5.11. Insurance for Subconsultants. Contractor shall include all subconsultants or subcontractors engaged in any Work or Services for Contractor relating to this Agreement as additional insureds under the Contractor's insurance policies, or Contractor shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Contractor's subconsultants or subcontractors performing any Work or Services related to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers, as additional insureds. Contractor shall not allow any subconsultant or subcontractor to commence any Work or Services relating to this Agreement unless and until it has received satisfactory evidence of their compliance with all insurance requirements under this Agreement, to the extent applicable. Contractor agrees to provide satisfactory evidence of compliance with this subsection upon request of the City.

5.12. Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Contractor pursuant to this Agreement:
1518796.1

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SAMPLE DRAFT CONTRACT - SUBJECT TO CHANGE AT THE TIME OF FINAL CONTRACT AWARD A. Contractor shall provide immediate written notice to City if: 1) any of the insurance policies required herein are terminated, cancelled or suspended; 2) the limits of any of the insurance coverages required herein are reduced; or 3) the deductible or self-insured retention is increased.

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

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

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

7. REPORTS AND RECORDS

7.1. Accounting Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. 1518796.J

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SAMPLE DRAFT CONTRACT - SUBJECT TO CHANGE AT THE TIME OF FINAL CONTRACT AWARD Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

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

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

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

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

8. ENFORCEMENT OF AGREEMENT

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

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

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

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

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

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

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

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

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

9.2. Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, 1518796.1

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

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

10. MISCELLANEOUS PROVISIONS

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

To City: To Contractor:

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

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

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

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

10.5. Third Party Beneficiary. Nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation. any rights as a third-party beneficiary or otherwise. upon any entity or person not a party hereto. 1518796.1

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

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

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

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

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

For Contractors that are not a corporation, signature requirements are as follows: the person who has authority to bind the business entity must sign
1518796.1

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SAMPLE DRAFT CONTRACT - SUBJECT TO CHANGE AT THE TIME OF FINAL CONTRACT AWARD IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
"CITY"
City of Laguna Hills,
a California municipal corporation

JANINE HEFT,
Mayor
ATTEST:
(SEAL)

JENNIFER LEE,
City Clerk
APPROVED AS TO FORM:

GREGORY E. SIMONIAN,
City Attorney
"CONTRACTOR"
(Name of Company), Inc., a California
corporation
(NAME)
President
(NAME)
Corporate Secretary
1518796.1

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

CONTRACTOR'S PROPOSAL
DATED: , 2023
AND

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

SCOPE OF SERVICES FOR PROJECT
INCLUDING:

SCHEDULE OF PERFORMANCE
AND

SCHEDULE OF COMPENSATION/ HOURLY FEES
1518796.1

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

CITY OF LAGUNA HILLS

NOTICE INVITING BIDS
FOR

CITYWIDE SCHOOL CROSSING GUARD SERVICES
(NIB NO. PS-23-001)
DATED: AUGUST 23, 2023
1518796.1

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Attachment 1

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

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Attachment 2

SCHOOL SITE BELL SCHEDULES

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

CONTINUED ON NEXT PAGE

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SAN JOAQUIN

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

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

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Attachment 3
Saddleback Valley Unified School District
School Year Calendar for2023/2024
2023
July 4
Aug 10
Aug 11
Aug 14
Aug/Sept
Sept 4
Sept 21
Sept 25
Sept 28
Nov 1
Nov 27-30, Dec 1,4
Nov 10
Nov 16-17
Nov 20-24
Dec 20-22
Dec 25-29
Dec 29
2024
Jan 1-5
Jan 15
Jan 29
Feb 16 & 19
Feb 29-Mar 1
Mar 4-8, 11
March-May
Tues
Thurs
Fri
Mon
*
Mon
Thurs
Mon
Thurs
Wed
Mon-Fri, Mon
Fri
Thurs-Fri
Mon-Fri
Wed-Fri
Mon-Fri
Fri
Mon-Fri
Mon
Mon
Fri & Mon
Thurs-Fri
Mon-Fri, M
Independence Day Holiday
District Staff Development Day
District Orientation Day
First Day of School
Back to School Night,
*Dates to be determined by Sites
Labor Day Holiday
Intermediate Back to School Night
Fall Recess Day
High School Back to School Night
District Staff Development Day
Elementary Parent Conference Days
Veterans' Day Holiday
Intermediate Trimester Exam
November Recess
High School Exam Schedule (Not Silverado)
Winter Recess
CA Admissions Day Observation
Winter Recess
Dr. Martin Luther King, Jr. Day Holiday
District Staff Development Day
Presidents' Days
Intermediate Trimester Exam
Elementary Parent Conference Days
Minimum Day
Minimum Day
Non-school day for students
Minimum Day
Non-school day for students
Minimum Day
Minimum Day
Minimum Day
Non-school day for students
Minimum Day
Minimum Day
Elementary and Secondary Showcases,
*Dates to be determined by Sites
Apr 1-5 Mon-Fri Spring Recess
May 27 Mon Memorial Day Holiday
May 28-29 Tues-Wed Intermediate Exams Minimum Day
May 28-30 Tues-Thurs High School Exam Schedule (Not Silverado) Minimum Day May 30 Thurs High School Graduation Minimum Day
May 30 Thurs Elementary Minimum Day Minimum Day
May 30 Thurs Last Day of School Minimum Day
End of High School Quarter: Ql, Fri, Oct 13; Q2, Fri, Dec 22; Q3, Fri, Mar 22; Q4, Thurs, May 30 End of Trimester Elem: Tri 1, Fri, Nov 17; Tri 2, Fri, Mar 1; Tri 3, Thurs, May 30 End of Trimester lnt/Silverado: Tri 1, Fri, Nov 17; Tri 2, Fri, Mar 1; Tri 3, Thurs, May 30 * Minimum Day
Board Approved: June 16, 2022

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Item No. 3.3.1
City of Laguna Hills
City Council / Planning
Agency
Staff Report
Date: August 19, 2026
To: Mayor and Council Members
From:

Issue: Adopt a Resolution Appointing Joshua Sweeney to the City Council to Represent Council District 2 for a Full-Term of Four Years in Lieu of an Election; and Cancelling the November 3, 2026, General Municipal Election for City Councilmember Council District 2, Pursuant to California Elections Code Section 10229
Recommendation: Staff makes no recommendation. This report is being presented to the City Council to facilitate discussion at the public hearing and for Council to consider appointing Joshua Sweeney to Council District 2 or move ahead with an election for District 2.

Background:

On June 9, 2026, the City Council adopted Resolution No. 2026-06-09-01, calling and giving notice of the holding of a general election for the purpose of electing one person from Council Districts 1, 2, and 4 to the City Council for full four-year terms.

As of the close of the nomination period on Friday, August 7, 2026, only one person, Joshua Sweeney, filed nomination papers to run for the office of City Councilmember representing Council District 2.

California Elections Code (EC) Section 10229 allows the City Council to take one of the following courses of action when only one person has filed nomination papers for an office: (1) Appoint to the office the person who has been nominated, or (2) hold the election if either no one or only one person has been nominated. The City Clerk certification of facts required by EC Section 10229 is included as an attachment to this report.

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Item No. 3.3.1
Fiscal Impact:

The Orange County Registrar of Voters ("OC ROV") provided an estimate of costs related to the November 3, 2026 General Municipal Election. Estimates are based on projections of total jurisdictional participation and the average cost per voter. The OC ROV is estimating the average cost per voter between $1.75 and $2.20. There were 12,514 registered voters within the City on 08/07/2026.

The Orange County Registrar of Voters estimates the cost of conducting the 2026 General Municipal Election for City Council District 2 will be between $10,401 - $12,566.

There are additional costs that are related to public notices that have to be translated and sent for publication to local newspapers that are not included in the cost estimate from the County.

Attachments:

1. City Clerk Certification that there are not more candidates than elected offices-1

2. 20260811_Draft Election Cancellation Resolution

3. Publication Proof

4. California Elections Code Section 10229

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CITY OF LAGUNA HILLS
NOTICE OF CITY CLERK’S CERTIFICATION THAT THERE ARE NOT MORE

CANDIDATES THAN OFFICES TO BE ELECTED
NOTICE IS HEREBY GIVEN, pursuant to Section 10229 of the Elections Code of the State of California, to the following facts relating to the general municipal election to be held on Tuesday, November 3, 2026:

As of the close of the nomination period on August 7, 2026 for the election of one (1) Member of the Councilmember District No. 2 of said City for the full term of four (4) years, there are not more candidates than offices to be elected.

The person so nominated is:

Joshua Sweeney
Laguna Hills City Councilmember
That Section 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council:

1. Appoint to the office the person who has been nominated.

2. Appoint to the office any eligible voter if no one has been nominated.

3. Hold the election if either no one or only one person has been nominated.

On August 19, 2026, the City Council will meet to either make the appointment or direct an election to be held. The person appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office. If, by the 75th day before the municipal election, no person has been appointed to the office(s) pursuant to (1) or (2) above, the election shall be held for such office(s).

If the City Council makes an appointment pursuant to Section 10229 of the Elections Code, the City Clerk shall not accept for filing any statement of write in candidacy which is submitted after the appointment is made.

Dated: August 7, 2026
Joshua Stevenson
City Clerk, City of Laguna Hills

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1 RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LAGUNA HILLS, CALIFORNIA APPOINTING

JOSHUA SWEENEY TO THE CITY COUNCIL TO
REPRESENT COUNSIL DISTRICT 2 FOR A FULL-TERM
OF FOUR YEARS BEGINNING IN 2027 IN LIEU OF AN
ELECTION; AND CANCELLING THE NOVEMBER 3,
2026, GENERAL MUNICIPAL ELECTION FOR CITY
COUNCILMEMBER COUNCIL DISTRICT 2,

PURSUANT TO CALIFORNIA ELECTIONS CODE
SECTION 10229
WHEREAS on June 9, 2026, the City Council adopted Resolution No. 2026-06-09-01, calling and giving notice of the holding of a general municipal election for the purpose of electing one person each from Council Districts 1, 2, and 4 to the City Council of the City of Laguna Hills for full four-year terms; and
WHEREAS, as of the close of the nomination period on Friday, August 7, 2026, only one person filed nomination papers to run for the office of City Councilmember representing District 2; and
WHEREAS, Section 10229 of the California Elections Code allows the City Council to take one of the following courses of action when only one person has filed nomination papers for an office: (1) Appoint to the office the person who has been nominated, or (2) hold the election if either no one or only one person has been nominated.

WHEREAS, pursuant to Section 10229 of the California Elections Code, a notice, (Proof of Publication), herein attached and incorporated by reference as Exhibit "A", was published on August 13, 2026, in the OC Register, certifying these facts and the options available to the City Council; and
WHEREAS, pursuant to Section 10229 of the California Elections Code, if by the 75th day before the scheduled General Municipal Election (August 20, 2026), no person has been appointed to this office pursuant to (1) above, the election for Council District 2 is required to be held along with all other elective offices on the ballot. If an appointment is made to this office, the General Municipal Election for Council District 2 must be cancelled, but the General Municipal Election will be held for all other elective offices on the ballot; and
WHEREAS, if the City Council makes an appointment pursuant to Section 10229 of the California Elections Code, the City Clerk/Elections Official shall not accept for filing any statement of write-in candidacy for City Councilmember from Council District No. 2 which is submitted after the appointment is made; and

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2 WHEREAS, cancelling the uncontested election for Council District 2 will save the City the unnecessary costs of holding that uncontested election; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAGUNA HILLS THAT:

1. That the above recitals are true and correct.

2. Pursuant to Section 10229 of the California Elections Code, the following action is taken:

The following person is appointed to the office to which she was nominated, and is considered to be the same as being elected, pursuant to Section 10229(a) of the California Elections Code:

Name Office Term
Joshua Sweeney City Councilmember Council District 2 Full-Term of four years SECTION 3. Pursuant to Elections Code Section 10229, the General Municipal Election scheduled to be held on Tuesday, November 3, 2026, to elect a candidate for City Council Member from Council District 2 is hereby cancelled because only one person is nominated to be elected in that District, and the City Council has made the above appointment. The General Municipal Election shall still be held to elect candidates for City Council Member from Council Districts 1 and

4. SECTION 4. The person appointed shall qualify and take office and serve exactly as if elected at the General Municipal Election for the office.

SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution and so notify the Orange County Registrar of Voters and Board of Supervisors of the City Council's action, and is authorized to take any other administrative actions necessary to cancel the 2026 general municipal election for Council District 2.

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3 _________________________________
Don Caskey, Mayor
ATTEST:
__________________________________
Joshua Stevenson, City Clerk
APPROVED AS TO FORM:
___________________________________
Colin Burns, City Attorney
PASSED, APPROVED, AND ADOPTED this 19th day of August 2026

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LAGUNA HILLS )
I, Joshua Stevenson, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 2026-08-19-XX adopted by the City Council of the City of Laguna Hills, California, at a Special Meeting thereof held on the 19th day of August 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(SEAL) _______________________________
Joshua Stevenson, City Clerk

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4 EXHIBIT A

OC REGISTER PROOF OF

PUBLICATION
NOTE: The proof of publication is on the following page.

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Attachment 2

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Attachment 2

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Laguna Hills City CouncilAugust 19, 2026

Laguna Hills City Council
August 19, 2026