Local Business. As long-term residents of the City of Laguna Niguel, we are looking forward to working closely with the Department of Community Development on the Weed Abatement contract for the benefit of our local community. Alissa Cope will serve as the primary contact on this contract. Carson Helton will serve as the emergency contact and provide all oversight and management of field operations. We are just minutes away from City Hall and the areas of weed abatement operations.
With the breadth and depth of our experience and qualifications, we feel that Sage is the right team to support the City on this multi-year contract.
Respectfully,
SAGE ENVIRONMENTAL GROUP
Alver Cope Cfector
Alissa Cope Carson Helton
Principal Director of Habitat Restoration
24040 Camino del Avion, #A77 24040 Camino del Avion, #A77 Monarch Beach, CA 92629 Monarch Beach, CA 92629
(949) 243-2282 cell (949) 444-9014 cell
[email protected] [email protected] Statement of Qualifications for Weed Abatement Services SAGE Private Properties Compliance 2023-2025 for the City of Laguna Niguel Table of Contents
FIRM PROFILE......
PROJECT MANAGEMENT AND ADMINISTRATION .... ..2
ORGANIZATION CHART.. ..3
APPROACH. ..4
KEY PERSONNEL ..5
INSURANCE. .6
REFERENCES. ...8
FUEL BREAK MAINTENANCE. ...8
PROJECT REFERENCES ... ..9
WEED ABATEMENT EQUIPMENT .. 15
BILLING RATES. ..17
Statement of Qualifications for Weed Abatement Services SAGE Private Properties Compliance 2023-2025 for the City of Laguna Niguel Firm Profile
TECHNICAL EXPERTISE
Sage Environmental Group, LLC (Sage) specializes in environmental planning, Regulatory Permitting biological resources, habitat restoration, vegetation management and •Clean Water/Porter Cologne Acts regulatory permitting. Sage provides long-term vegetation management and • USACE Section 404 • CDFW Section 1602
GIS mapping services on projects throughout southern California for clients •RWQCB Section 401 including municipalities, fire departments, and conservancies. • Resource Agency Consultation Biological Resources
The firm was established in 2006. Its headquarters is in Monarch Beach, • Endangered Species Act
Orange County, CA in close proximity to the weed abatement compliance • USFWS Section 7 sites. The firm holds a valid California C-27 Landscape Contractors License • Natural Environmental Studies • Biological & Wetland Assessments
#947034 and California Department of Industrial Relations Registration •Surveys, GIS Mapping #1000045073. Crig tion Monitoring
This is a core service for our company. Sage has over 25 years of experience in Habitat Restoration weed abatement, vegetation management, habitat restoration and •Mitigation Plans environmental planning. •Landscape Design
• Installation and Maintenance
• Exotic Species Removal
Sage has a highly qualified team of project managers, field directors and field crew. They have expertise in the eradication of weeds and invasive species Vegetation Management •Weed Abatement
utilizing mechanical, chemical and natural methodologies. • Fire Fuel Load Reduction • reseated Pest Marinement
Our qualifications include working closely with OCFA and other fire department personnel conducting annual weed abatement compliance Technical Experts inspections. Sage is listed as a qualified weed abatement vendor by Orange • Environmental Planners (NEPA/CEQA) County Fire Authority. • Permitted Biologists (USFWS/CDFW) •Regulatory Specialists
• Restoration Ecologist
Project Management and Administration • Certified Arborist • Qualified Pesticide Applicator:
The Scope of Work is focused on two primary areas of services: Licenses/Permits/Registrations •C-27 Landscape Contractor #947034
Phase 1. Administrative support to the Department of Community • California Department of Pesticide Development for weed abatement compliance on private properties, and Regulation, Qualified Applicators Business License #41180
Phase 2. Weed removal on properties determined in non-compliance. • California Department of Pesticide Regulation, Qualified Applicators
Project management shall be provided by Sage throughout the course of the License #155290 (Cope) project (October 2023 to June 30, 2025) on an as-needed basis. The City may • California Department of Industrial vary specific services at its discretion. The contracted Scope of Work will be Relations #1000045073 managed and performed by Sage staff in support of the City. No subcontractors/ consultants are anticipated. Key personnel will remain consistent throughout the contract period.
2 Statement of Qualifications for Weed Abatement Services SAGE Private Properties Compliance 2023-2025 for the City of Laguna Niguel Our proposed Project Manager, Alissa Cope, will ensure fulfillment of the contracted scope of work and schedule and serve as the Primary Point of Contact.
Alissa Cope, Principal
Sage Environmental Group
24040 Camino del Avion, #A77
Monarch Beach, CA 92069
(949) 243-2282 cell
[email protected]
Organization Chart
Community Development
Erich List
Project Manager
SAGE
ENVIRONWENTAL GROUP
Alissa Cope
Project Manager
Carson Helton
Field Operations
Compliance Landscape
Coordinator Crew
3 Statement of Qualifications for Weed Abatement Services SAGE Private Properties Compliance 2023-2025 for the City of Laguna Niguel Approach
Administration
Sage will provide one (1) permanent full-time compliance coordinator who will assist City staff in the administration of the annual compliance program; specifically inspecting, monitoring and documenting compliance during the April-June peak period. The compliance coordinator will act as liaison between the City's Department of Community Development and individual private property owners.
At the outset of this project in October/November 2023, Sage will coordinate with City personnel to prepare for upcoming Spring 2024 compliance activities. Organizationally, we propose establishing pre- planning and ongoing tasks as determined between the City and Sage upon execution of the contract.
Preplanning: This pre-planning phase may include a kick-off meeting, designating a dedicated email address and mobile phone number; set up and integration of the City's mobile GIS mapping and photography database system; and template forms/reports.
Ongoing and Execution: Establishing an action plan, staff/consultant assignments, communication plan, regular meetings and frequency, reporting procedures and frequency, emergency contacts, document control, and billing cycle.
The City will generate and send a compliance requirement notice letter to each private property owner by February each year. These notifications explain the requirement to clear all weeds and dead brush/trees within defensible space (100 feet of structure perimeters) by May 1st and to maintain cleared areas through the end of the year.
The list of property owners who received notifications will be provided to Sage to initiate follow-up by our compliance coordinator. The Sage compliance coordinator will be responsible for answering calls and emails from private property owners to explain the weed abatement requirements and the City's volunteer abatement program. Historically, the City has coordinated an average of 250 parcels requiring compliance.
The compliance coordinator will complete monitoring and inspection of parcels each April 1st, May 1st and June 15* to determine the status of each parcel, and to communicate with property owners whether they have achieved compliance. Monitoring and inspection activities may consist of visual inspection of large HOA-managed parcels and individual properties by walking, driving and use of city-operated drones. Photographs of all parcels during inspection will be uploaded to a City-provided mobile application. After May 1st, the compliance coordinator will provide details of each parcel in non- compliance status to the City's Code Compliance office that require further action.
The compliance coordinator will notify property owners of the requirement to clear their own parcels, hire a weed abatement contractor of their choice, or refer them to the City's contractor for a quote.
Weed Abatement
Any properties deemed in non-compliance status by the City will be subject to mandatory weed abatement by the City's weed abatement contractor, at the property owner's expense. The compliance coordinator will work with the City to determine scheduling, notification of the contractor and monitor activities until compliance is achieved.
The City requires removal of all weeds and flammable vegetation to a maximum height of four inches.
Further, all combustible matter including heavy fuels, slash, refuse piles, dead trees or tree limbs (either standing or downed), and any other highly flammable materials that have accumulated constituting a fire hazard must be removed.
Statement of Qualifications for Weed Abatement Services SAGE Private Properties Compliance 2023-2025 for the City of Laguna Niguel Sage proposes to support the City as its on-call weed abatement contractor for this compliance program. Sage has several years of experience within the City as a weed abatement contractor for City- owned parks and open space. Sage is familiar with the weed abatement requirements of the City and the OCFA, and has working relationships with related personnel. Sage has completed mechanical, hand clearing and prescribed grazing that have achieved compliance and sign-off by the fire inspectors.
Sage has the necessary experience, equipment, and qualified personnel to support this program. All work will be performed under existing weed abatement standards. Sage will be responsible for removal and disposal of green waste at appropriate facilities. Encroachment permits will be obtained from the City, when needed. Dust and erosion control will be handled according to acceptable industry standards.
Key Personnel
Sage has a highly regarded and regionally recognized habitat restoration and vegetation management team with a successful approach to ecosystem restoration and wildfire prevention. Our proposed key personnel and field crew are all employees of the firm. We do not anticipate utilizing subcontractors in the performance of the required work.
The technical breadth of our personnel allows us to respond quickly and effectively to varied project demands.
We have the resources, specialized knowledge, and experience to handle the scope of work.
Sage verifies that key personnel will be available to the extent proposed for the duration of the required services. We acknowledge that no person designated as "key" shall be removed or replaced without the prior written concurrence of the City.
Yrs Exper/
Name / Title Permits / Registrations / Training With firm Experience/Responsibilities / Education ALISSA COPE o C-27 Landscape Contractor Permit 25/13 Expertise in CEOA/NEPA, natural resource studies, Principal Planner, #1000045073 habitat restoration, vegetation management, Biological Services, • CA DPR QAL #155290 landscape planning, and regulatory permitting.
Restoration Ecologist, • County of Orange Agricultural Pest Manages all aspects of prescribed goat grazing Regulatory Permitting Control Registration #7000155 program. Manages permitted biologists conducting • Qualified Biological Resources surveys for listed species and negotiates regulatory Consultant in Laguna Beach compliance permits under the federal Endangered • Qualified Biologist for Preparation Species Act, Sections 7/10, California Fish and Wildlife of Significant Ecological Area biota Code, Sections 1600/1602/ 2081, federal Clean Water reports and member of the Act, Sections 404/401, and California Porter-Cologne Environmental Review Board for Act. B.S. Environmental Science, University of the Los Angeles County California, Riverside, 1994.
Department of Regional Planning
Statement of Qualifications for Weed Abatement Services SAGE Private Properties Compliance 2023-2025 for the City of Laguna Niguel Yrs Exper/
Name / Title Permits / Registrations/ Training With firm Experience/Responsibilities / Education CARSON HELTON • Heavy equipment operation 10/10 Experience in habitat restoration, vegetation Director of Habitat • Small equipment operation/ safety management, and weed abatement. He supervises all Restoration, Crew field activities, crew and working animals.
Supervisor • Dangerous plant/wildlife safety Coordinates fire fuel load reduction compliance with local fire authorities. He is experienced in identifying native, invasive and toxic plant species working
closely with restoration ecologists and biologists. He
is qualified as a heavy equipment operator. He
coordinates field crew under the supervision of staff
holding a Qualified Applicator License, conducting
weed abatement activities utilizing a variety of
herbicides. His project experience includes large-scale restoration and invasive plant removal, and fire fuel
load reduction. He manages an in-house herd of
goats used as an environmentally-friendly approach
to weed abatement and habitat restoration. B.S.,
Engineering, University of Oklahoma, 1984
Weed Abatement • Minimum two (2) years' experience
Compliance in weed abatement inspection and
Coordinator
• GIS system management, mapping
Communication
All proposed personnel are fluent in English. They can communicate effectively in written and oral English. Project managers, supervisors, field directors and labor crew/handlers all have cell phones that can send and receive voice calls, save voice mail messages, and send and receive text messages.
Emergency contact information:
Alissa Cope, Principal/Project Manager - 949.243.2282 cell Carson Helton, Field Director - 949.444.9014 cell
Insurance
Sage carries the required level of insurance to provide services to the City. A copy of our Certificate of Insurance is provided below. Sage will provide and maintain insurance acceptable to the City in full force and effect throughout the term of this contract.
Statement of Qualifications for Weed Abatement Services SAGE Private Properties Compliance 2023-2025 for the City of Laguna Niguel
CERTIFICATE OF LIABILITY INSURANCE DATE (NMOBYYYY)
ACORD 4/28/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ine terms and contions of the ploy, orain polities mas requis an andorsmone atment a this erical does not enter anis to no certificate holder in lieu of such endorsements).
PRODUCER Jonaica Controras
Leavitt Insurance Services of Los Angelas, Inc. (818) 593-7001 TAT No: 106016-7880 Licenso #0769447 LISLA-certrequestfleavitt.com
21820 Burbank B1vd, Suite 300 INSURERS) AFFORDING COVERAGE MAIC A Woodland Bille CA 91367 INSURERA. Ohio Security Insurance Company 24082 INSURED INSURER Evanston Insurance Company 35378
Sage Environmental Group LIC 20427
24040 Camino Del Avion #A77 INSURER D. 0.9. Specialty Inaurance Company | 29599 INSURER E:
Monarch Beach CA 92629 INSURER F:
COVERAGES CERTIFICATE NUMBER: 23/24 Master PKG 5-2-23 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
PERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
TYPE OF INSURANCE POLGY MUMBER LIMITS
X COMMERCIAL GENERAL LIABILITY 1,000,000
CLUMS-MADE X OCCUR
BXS2456638327 4/26/2023 4/26/2024 MED EXP (Any one Sereni PERSONAL & ADV INJURY 1,000,000
GENL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 200,000 * POLICY SECT LOC PRODUCTS - COMPIOP AGG
AUTOMOBILE LIABILITY EAR SINGLE LIMIT 1,000,000
ANY AUTO BODILY INJURY (Per person)
SCHECULED BKS2456630327 4/26/2023 4/26/2024 BODILY INJURY (Per acoden) * HIRED AUTOS OWNED PA SEE DAMAGE
X UMBRELLA LIAB OCCUR EACH OCCURRENCE. 2,000,000
CLAMS-MADE AGGREGATE 3,000,000
X0BN9658023 4/26/2023 4/26/2024
DED RETENTION S
*TATUTE TO
AND EMPLOYERS LIABILITY
TOR PARTNER EXECUTIV EL EACH ACCIDENT 1,000,000
XCLUDEd NIA
7030358786 4/26/2023 4/26/2024 EL DISEASE • EA EMPLOYEE 1,000,000 BEEGRIPTION OF OOFRATIONS DALL EL DISEASE • POLICY LIMIT | = 1,000,000 D Proffeseional Liability 0SS 23 23741 4/23/2023 4/23/2024 Each Clam 31,000,00 Each Coarance 31,000,001
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Addilonal Remarks Schedule, may be aflached if more space is required) Evidence of Insurance Only
CERTIFICATE HOLDER CANCELLATION
THE EXPIRATION DATE THERE OF NOTICE MIL BE DELIVERED LED BEFORE Evidence of Insurance Only ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
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7 Statement of Qualifications for Weed Abatement Services SAGE Private Properties Compliance 2023-2025 for the City of Laguna Niguel References
Lindsay Young Scott Frame
Fire Marshal Parks and Landscape Maintenance Superintendent Anaheim Fire and Rescue City of Laguna Niguel
Office of Community Risk Reduction 30111 Crown Valley Parkway 201 S. Anaheim Blvd. Laguna Niguel, CA 92677
Anaheim, CA 92805
(714) 765-4000 main# [email protected]
(714) 765-4054 direct (2019-ongoing vegetation management - including [email protected] rescribed grazing and mechanical removal at 15 city parks and defensible space)
Adrian Abel
Wildfire Mitigation Specialist Juan Huerta
Anaheim Fire & Rescue Senior Fire Prevention Specialist Fire & Life Safety Section Orange County Fire Authority 201 S. Anaheim Blvd., Suite 300 1 Fire Authority Road
Anaheim, CA 92805 Irvine, CA 92602
(714) 765-4039 (714) 573-6000
[email protected] [email protected] [email protected] (2022-ongoing vegetation management - including (Inspector for multiple Orange County defensible space prescribed grazing and mechanical removal - at 15 city projects completed by Sage goats) parks, nature preserves and defensible space)
Michael L. Baron
Alan Kaufmann Landscape Architect, Director of
Restoration Project Director Cemetery Services
Laguna Canyon Foundation Rose Hills Company
384 Legion St 3888 South Workman Mill Road
Laguna Beach CA 92651 Whittier, CA 90608-0110
(949) 497-8324
[email protected] [email protected]
(Vegetation management at multiple sites in and around to (2018-ongoing. Long-term vegetation management- Laguna Beach) including prescribed grazing and mechanical removal) Fuel Break Maintenance
Sage's commitment to effective vegetation management is paramount.
The evidence that regular maintenance of fuel breaks in defensible space protects homes was clearly demonstrated in the recent Emerald Fire in Laguna Beach. The OCFA Fire Chief stated in his press conference:
"I want to commend the community and its neighbors for their work creating defensible space. It allowed us to better operate to protect your homes. There was good defensible space evident. While the fire did spread rapidly, when it got to into the defensible space the fire laid down as it should. There was no loss of structures." ~ Brian Fennessy, OCFA, Fire Chief
Statement of Qualifications for Weed Abatement Services SAGE Private Properties Compliance 2023-2025 for the City of Laguna Niguel Project References
Sage project profiles presented below demonstrate successful completion of vegetation management, restoration planning, mitigation management plan implementation, installation and long-term maintenance projects, and regulatory agency consultations.
Municipal
Weed Abatement, 15 City-Owned Properties, Laguna Niguel, Orange County, CA. - City of Laguna Niguel, Department of Public Works. Multi-year contract. Currently implementing prescribed grazing and weed abatement activities for fire fuel load reduction at multiple locations totaling ~45 acres, including six open space parks. Work with the OCFA Fire Inspector to achieve compliance and meet fuel reduction goals. Tasks include deploying working animals, equipment, and crew to conduct weed abatement. Prescribed goat grazing is supplemented by mechanical controls (mowing, hand removal, raking) within open and defensible space. Coordinate activities and provide reporting to the Department of Public Works Project Manager and other city personnel. Mobilization for grazing activities involves setup and teardown at each site. Tasks include surveying for and removal of toxic plants, mechanical removal along fence lines, setting protective fences to avoid native and desired plants, setting temporary paddock fences, installing temporary overnight pens, and delivering animals, equipment, supplies, water, and food. The City has hosted public outreach events. One at the city hall, to introduce the goats and Sage staff to the city council at the outset of the project, and annually at the community park as part of a fire prevention awareness event featuring fire department personnel and a petting zoo setup where an average of 1,000 local residents meet the goats while learning about their role in weed abatement/fire prevention.
Goat Grazing Pilot Program, Weed Abatement, Yorba Linda, Orange County, CA - City of Yorba Linda, Department of Public Works. Sage mobilized weed abatement crews, equipment and animals at the undeveloped city-owned 40-acre West Bastanchury site. Weed removal was conducted using an integrated blend of grazing and mechanical activities. Three acres were grazed, 27 acres were manually treated using a combination of weed whacking and chainsaw with mowing using the skid steer rotary mower on the areas accessible. At the request of the City Council, Sage set up a temporary pen during the annual Yorba Linda Days Celebration where visitors could pet and feed the goats and learn about the benefits of grazing as a fire prevention method. The city is situated in proximity to a hot zone for fire potential originating from nearby mountain wildlands that has frequently burned. The City anticipated learning from this demonstration project how prescribed goat grazing could be used regularly for future fire fuel load reduction on 80 acres of city-managed urban/wildland interface lands.
9 Statement of Qualifications for Weed Abatement Services SAGE Private Properties Compliance 2023-2025 for the City of Laguna Niguel Wildland Fire Prevention & Habitat Restoration: Managed Goat Grazing Program, Multiple Locations, Anaheim Hills, Orange County, CA - Anaheim Fire & Rescue. Sage is currently
implementing a multi-year fuel reduction contract involving 200+ acres within wildland/urban interface, defensible space, nature preserve and open space in Anaheim Hills (a CALFIRE-designated hot zone) where two major fires occurred in 2017 (Complex I and Complex II). The City's primary objective is to reduce fire hazards by controlling and managing wildland fuel and promoting habitat restoration. Goat grazing is used as a natural brush clearance method to remove potential flammable vegetation in designated areas while restoring natural habitat through suppression of non- native plants and grasses. Mechanical removal of invasive plants and fuel load is conducted as needed to achieve project goals.
Biological Services and Goat Grazing. 3,400-acre Tonner Canyon, Puente Hills Sensitive Ecological Area, Los Angeles County - Los Angeles County Fire Department/City of
Industry. Los Angeles County Fire Department, in
coordination with the California Department of Forestry and Fire Protection (CalFire), planned to implement a Vegetation Management Plan (VMP) within 350 acres of Tonner Canyon, located within the County of Los Angeles-designated Puente Hills Sensitive Ecological Area to reduce accumulated fuel load adjacent to residential areas. The Study Area
Tonner Canyon
encompasses steep hillsides abutting the established Fire History residential community of Diamond Bar. The Tonner Canyon VMP includes the use of several methods of fuel
management including prescribed fire, mechanical trimming, livestock grazing and hand clearing to be phased over a three- year period. Fuel management methods are designed to be habitat-type appropriate, based on the fire ecology and regeneration characteristics of each plant community. Tonner Canyon contains protected coast live oak and California walnut woodlands, and sensitive riparian habitat areas. Tasks 10 Statement of Qualifications for Weed Abatement Services SAGE Private Properties Compliance 2023-2025 for the City of Laguna Niguel included: Biological Assessment defining the area's biological baseline, plant communities mapping, and recommended fuel management methods; and biological monitoring ensure the program does not adversely affect existing biological resources during all phases of the three-year implementation period consistent with the Biological Assessment recommendations. Currently, SAGE is providing goat grazing services in support of the VMP program.
Fire Fuel Load Reduction Pilot Project, Prescribed Goat Grazing, Two City Parks, Glendale, Los Angeles County, CA - Glendale Fire Department. Sage mobilized crews and animals on ~10 acres of two city parks (Montrose and Verdugo) heavily covered in invasive black mustard, non-native grasses and shrubs. Worked closely with the Fire Chief and his staff to define grazing areas to achieve optimal fire fuel reduction in defensible space in proximity to HOA-managed areas. Three acres were grazed, the remaining 7 acres were cleared by hand and mechanical treatments. The City Council and Fire
Department hosted a kickoff event at the site to learn about prescribed grazing and to promote community awareness, which resulted in major broadcast and print media coverage including a video story by Agence France Presse that was translated and picked up by hundreds of news outlets worldwide. BBC Radio in London interviewed Sage for its morning talk show.
Fire Fuel Load Reduction, Prescribed Goat Grazing, Moffatt Canyon, South Pasadena, Los Angeles County, CA - South
Pasadena Fire Department. Mobilized/demobilized crews
and animals on ~10 acres of very steep canyon land heavily covered in invasive black mustard, non-native grasses and shrubs. Worked closely with the Fire Chief and his staff to define grazing area blocks utilizing available trails and firebreaks to the extent available. Hand cut lines were created, as needed. Fire fuel load reduction had never
occurred on the site due inaccessibility, making this project a high priority of the Fire Chief. Private residences that encircled the canyon site at the peak of the slopes were at risk. Sage provided 24-hour on-site personnel during the duration of the project. The City Council and Fire Department hosted a kickoff event at the site to learn about prescribed grazing and to promote community awareness, which
resulted in major broadcast and print media coverage,
including CBS Los Angeles, Agence France Presse, and more. 11 Statement of Qualifications for Weed Abatement Services SAGE Private Properties Compliance 2023-2025 for the City of Laguna Niguel Corporate
Fire Fuel Load Reduction and Invasive Species Management, Rose Hills Memorial Park, Whittier, Los Angeles County, CA. - Rose Hills Company. Rose Hills Memorial Park, at 1400 acres, is the largest cemetery in America. The property encompasses hundreds of acres of natural wildland habitat situated on rolling hills, meadows, and riparian areas surrounded by urban/wildland interface. Utilizing mechanical and hand removal, herbicide treatment, and prescribed goat grazing, Sage maintains the sage scrub, oak woodland, and old growth chaparral present on the site. Sage is responsible for developing and implementing the invasive species management program in the wilderness areas to reduce weed species, encourage resilience of native species, and control invasive weeds from encroaching onto the landscaped areas of the maintained property. Prescribed goat grazing is conducted year-round to achieve fire fuel load reduction. Sage routinely utilizes a variety of equipment such as hand tools, hedgers, weed whips, chain saws, machete, skid steer rotary front mowers, 4x4 trucks, and ATV spray rig to perform the maintenance.
Conservancy
Fire Fuel Load Reduction/Vegetation Management, Puente Hills Habitat Preserve, Whittier, Unincorporated Los Angeles County, CA - Puente Hills Habitat Preservation Authority. Providing goat grazing vegetation management services on 36-acres in the Turnbull Canyon area of the Puente Hills Preserve during the Spring of 2022 and Spring of 2023. This project is being conducted utilizing a fire prevention grant from CAL FIRE to the PHHPA, one of only a few granted in SoCal. Removal of thatch in designated areas will be completed using mechanical means. Grazing will be monitored and directed to minimize impact to native vegetation.
Prescribed Goat Grazing, Bommer Canyon, Irvine, Orange County, CA. - Irvine Ranch Conservancy. On behalf of the City of Irvine (COI), Irvine Ranch Conservancy (IRC) tested prescribed goat grazing as a site preparation method and non-toxic approach for weed removal on COl-owned mitigation land within the
conservancy. The restoration area will link coastal sage scrub habitat on the adjacent hillside with restored riparian habitat along Bommer Canyon. The project area is located within Bommer Meadow, historically part of the Irvine Cattle Camp. Overgrazing and the introduction of non-native plants and weeds degraded the natural habitat, reducing the food, water, and shelter available for native wildlife. Before native plants can be re-introduced into the area, non-native grasses and weeds must be removed. A total of four acres was set aside for testing goat grazing as a method for site preparation weed control. IRC had previously examined mechanical removal (mowing), solarization and non-synthetic herbicide application as alternative site preparation activities. 12 Statement of Qualifications for Weed Abatement Services SAGE Private Properties Compliance 2023-2025 for the City of Laguna Niguel The tests will determine the optimal method that will result in long-term control as well as provide a comparison to initial site conditions. Sage's scope of work entailed deploying its in-house herd of goats to a designated four-acre site at Bommer Meadow in 2019 and 2020. The goats were targeted to intensively graze heavy spring weed growth for several weeks before seeds are set during two spring growing seasons. This highly degraded area is dominated by non-native grasses (e.g. Bromus and Avena spp.) and forbs (e.g. Brassica nigra) (IRC 2018). IRC employs an adaptive management approach that entails systematically and empirically testing hypotheses and assumptions, and incorporating lessons learned into a transparent, adaptive, scientific decision-making framework. IRC will use the Baseline Conditions and Monitoring Data to provide Adaptive Management documentation throughout the goat grazing effort in each project year. Information gathered will then be used to reevaluate goals and implementation methods; modify the goat grazing plan; and apply lessons learned to improve future results. Results: A case study documenting the approach and success of this program was presented to the California Invasive Plant Council. After two grazing seasons several native plant species completely covered the four-acre site, reemerging after removal of the invasive weeds. This demonstrated the effectiveness of grazing vs. mowing.
Prescribed Goat Grazing, Bee Flat Canyon, Purple Needlegrass Restoration, Irvine Ranch Conservancy, Irvine, Orange County, CA.
Sage conducted prescribed grazing over multiple years to reduce thatch cover, selectively remove annual grasses, and increase vigor of 3 acres of rare purple needlegrass (Stipa pulchra), a species located only in Orange County, as the focus of a native grassland restoration project conservancy-managed land. Multi-year data was collected to evaluate the progress and success of grazing vs. mowing. The response of native grasslands to grazing relative to mowing and control plots was examined with respect to cover, density, and vigor (e.g. numbers of inflorescences) of purple needlegrass. Cover of annual grasses and thickness of the thatch layer was also examined. Grazing removed thatch and increased absolute cover of purple needlegrass from 83 percent (2017) to 91 percent (2019). Non-native vegetation (mostly annual grasses) decreased from 39 percent to 20 percent absolute cover. Grazing created openings for introduction of native forbs. Forb cover was poor in 2017 but common in 2019, especially Deinandra fasciculata, Amsinkia menziesii, and Escholtzia californica. All success criteria were met and sign-off was obtained in July 2020.
Prescribed Goat Grazing for Habitat Restoration / Weed Abatement, Northwest Open Space, San Juan Capistrano, Orange County, CA - City of San Juan Capistrano, sub to Habitat Restoration Sciences. Managed prescribed grazing utilizing a Sage-owned herd of mixed Boer and Spanish goats on an extremely steep 12-acre site (Parcel LH_COA) located within the Northwest Open Space (NWOS). Grazing was successfully used as a site preparation technique to reduce non-native cover and accumulated thatch, allowing for subsequent native hydroseeding. The NWOS is set- aside as preservation lands, managed by the City of San Juan Capistrano in partnership with the non-profit Center for Natural Lands Management.
Habitat restoration and long-term maintenance is underway to provide refuge for threatened or endangered species. The site is located on extremely steep terrain within defensible space in proximity to HOA- managed areas and residential structures.
13 Statement of Qualifications for Weed Abatement Services SAGE Private Properties Compliance 2023-2025 for the City of Laguna Niguel Homeowner Associations - Coastal Mountains
Fuel Modification Zones - Annual Fuel Load Management - Various HOAs in Orange County. Sage is currently providing annual fuel load management services to homeowner
associations located within Orange County, including two in Laguna Niguel in proximity to Laguna Beach open space, to meet the fuel load reduction requirements of the OCFA. Sage directly coordinates with OCFA staff (Juan Huerta, Senior Fire Prevention Specialist) on treatment methods and sign-off for these various areas. Treatment methods include lop-and- scatter for under 4-inch branches, chipping and/or removal of larger woody vegetation, thinning to leave desired percentage of native plants in place, herbicide application, goat grazing and mechanical mowing to remove vegetation 100-200 feet downslope.
Fire Fuel Modification, Prescribed Goat Grazing Pilot Project, Laguna Niguel, Orange County, CA - Laguna Sur Homeowners Association.
Mobilized/demobilized crews and animals on 25.5 acres of HOA- managed fire fuel modification zones as identified by the Orange County Fire Authority. Weed abatement was conducted on very steep terrain within defensible space adjacent to private residences. Weed abatement was conducted on steep terrain within defensible space adjacent to private residences. Set up and tear down of temporary fencing and overnight pens occurred at multiple FMZs over the duration of grazing activities. Fuel modification occurred downslope to 100 and 200 feet.
This project demonstrates working in steep, high altitude, coastal vegetation and wind conditions. Sage goats were grazing at this site when two fires erupted on ridges nearby (Emerald Fire-Feb 2022 and Coastal Fire-May 2022.)
Fire Fuel Modification, Prescribed Goat Grazing Pilot Project, Laguna Niguel, Orange County, CA - Monarch Point Homeowners Association.
Mobilized/demobilized crews and animals on ~10 acres of HOA- managed fire fuel modification zones as identified by the Orange County Fire Authority. Weed abatement was conducted on steep terrain within defensible space adjacent to private residences. Set up and tear down of temporary fencing and overnight pens occurred at multiple FMZs over the duration of grazing activities. Fuel modification occurred downslope to 100 and 200 feet. This project demonstrates working in steep, high altitude, coastal vegetation and wind conditions.
14 Statement of Qualifications for Weed Abatement Services SAGE Private Properties Compliance 2023-2025 for the City of Laguna Niguel Weed Abatement Equipment
The equipment that supports our weed abatement activities consists of several pickup trucks, equipment trailers, an ATV, heavy equipment (bob cats, masticators), rotary mowers, flail mowers, skid steers, weed eaters, brush hogs, hand equipment, and backpack herbicide sprayers.
All equipment hauling and working on-site will be identified by our company logo and will be the same color. Sage will complete required weed abatement on properties determined in non-compliance status by mechanical mowing, minor tree and shrub limb cutting, weed whacking and debris removal. 15 Statement of Qualifications for Weed Abatement Services SAGE Private Properties Compliance 2023-2025 for the City of Laguna Niguel Field Crew Training: Sage provides regular and ongoing documented employee training as part of our Worker Safety Training and Environmental Education Program. Alissa Cope, Principal, serves as the Safety Officer. All Sage staff assigned to this contract have documents training and competence in the following areas:
• Plant & Wildlife Safety (e.g., Poison Oak, Bushrue, Rattlesnake, Ticks, etc.) • Fire Safety (including fire extinguisher training)
Working on Steep Slopes
• Working in Hot Weather
Handling live animals (goat herd) and protocols for protection against predators
• Pruning Techniques
• Low Impact Ingress, Egress and During Implementation
• Chainsaw Safety - Safe Operational Use and Safety Equipment/Clothing • Herbicide Safety
Sage staff assigned to this contract will participate in environmental training and tailgate meetings:
• Review of site Environmental Permits and associated requirements • Plant and wildlife Identification (with focus on special-status species known within the contract vicinity
Fuel Modification Standards and Percent Cover Goals for Projects Sage will maintain records and document worker training Worker Safety Protocols: Sage provides all field staff with personal protective equipment (PPE) in good working order, including safety vests with a company name/logo, leather boots, gloves, long pants, hard hat, appropriate eye protection (ANSI Z87), snake gaiters.
Fire, Safety and Air Quality Protocols: Sage acknowledges and will adhere to all Fire, Safety and Air Quality Protocols.
Herbicide Safety Protocols: Sage acknowledges and will adhere to all relevant Herbicide Safety Protocols as defined by the Department of Pesticide Regulation.
Erosion Control: Sage understands the importance of preventing work-related erosion from occurring within the treatment areas. Grazing activities will be conducted in a manner that avoid creating skid trails or potential slides. As typical in wildlands management, work will not be conducted in the treatment area during or for 2 days after a significant rainfall event (more than 0.25 inches) unless directed by County staff.
Sage will maintain, and if needed repair or replace existing erosion control measures in order to maintain effective erosion control in areas where necessary. Measures utilized may include weed-free burlap straw wattles, jute netting, all-natural fiber mats, mulching and/or seeding with a suitable mixture of native plants. Visual appearance of the area will be considered when choosing appropriate erosion control measures and determining how they are to be implemented. 16 Statement of Qualifications for Weed Abatement Services SAGE Private Properties Compliance 2023-2025 for the City of Laguna Niguel Billing Rates
Sage Environmental Group
Environmental • Biological • Habitat Restoration • Regulatory Compliance Services 2023 BILLING RATES SCHEDULE
HABITAT RESTORATION AND VEGETATION MANAGEMENT
Charges for professional, technical, administrative and prevailing wage services and equipment directly charging time and materials to the project will be calculated and billed based on the following Professional Services (rate per hour)
Principal in Charge $ 200.00
Project Manager $ 160.00
Compliance Coordinator (including Weed Abatement) $ 90.00 Senior Biologist/Botanist $ 120.00
Senior Regulatory Specialist $ 120.00
Associate Biologist/Botanist $ 100.00
Senior Cultural Resources Specialist $ 120.00
Assoc. Cultural Resources Specialist $ 100.00
Principal Environmental Planner $ 140.00
Assoc. Environmental Planner $ 120.00
CADD/GIS Technician $ 90.00
Word Processor $ 60.00
Sage Environmental Group holds active California State Contractors License Number 947034 (C27-Landscaping) and employs highly trained landscape crews familiar with native flora present within wildlands arcas of the southwestern region of the United States. Our crews are familiar with the identification, removal methods, and level of significance with over 200 exotic species likely to occur within the region. We hold current California Department of Pesticide Regulation Qualified Applicators Licensee No. 41180 and are registered in Los Angeles, Orange, Riverside, San Bernardino and Ventura counties.
Landscape Maintenance Prevailing Wage Classifications (rate per hour) Landscape Supervisor/Project Manager $140,00
Skilled Laborer (Licensed Herbicide Applicator) $110.00 Foreman (Crew Lead) $90.00
Landscape Maintenance Laborer (Crew II) $60.00
Construction Prevailing Wage Classifications (rate per hour) Landscape Operating Engineer $160.00
Landscape Irrigation and Hydroseed Laborer $140.00
Construction Laborer $120.00
Equipment (rates are per day)
4x4 Truck (F150, F250) $125.00
Water Trailer $100.00
Stakebed Truck $200.00
ATV (Kubota) $150.00
Spray Rig (Kubota mounted) $150.00
Takeuchi Loader, Excavator, Skid Steer $450.00
Rotary Mower/Flail Mower Attachment $ 150.00; Masticator Attachment $300.00 Water Truck, Dump Truck $650.00
Chipper, Hydroseeder $350.00
Roll-off Truck $600.00
GPS Unit $40.00
Herbicide and adjuvant per oz billing rates provided upon request 24040 Camino del Avion, Suite A77 • Monarch Beach, CA 92629 949.243.2282 Office ww.SageEnvironmentalGroup.cor 949.661.0185 Fax ontractors License No. 947034 (C27
17 ATTACHMENT I
Amendment No. 1 to the On-Call Professional Services
Agreement with Sage Environmental Group
AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES
ON-CALL WEED ABATEMENT SERVICES
This Amendment No. 1 to Agreement for On-Call Professional Services ("Amendment No. 1") is entered into as of
the City of Laguna Niguel, a California municipal corporation, hereinafter the "City", and Sage Environmental Group, LLC, a California limited liability company, hereinafter the "Consultant".
RECIIALS:
I. the Consultant to provide on Called a Profest a Ses as se quresent lit City (the "Agreement").
Il. The City and Consultant now desire to amend the Agreement in order to establish the amount of compensation for the provision of general on-call services as may be required by the City in an amount not to exceed $150,000 annually over the term of the Agreement.
AGREEMENI:
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and covenants herein contained, the parties hereto agree as follows:
1. General On-Call Services. Exhibit "A" of the Agreement is hereby amended to add Exhibit "A-1", attached hereto and incorporated herein by reference, in order to establish the total amount of compensation for the provision of general on-call services, not procured in connection with a specific project in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000) annually over the term of the Agreement.
2. Remaining Provisions. Except as specifically set forth in this Amendment No. 1, the remaining provisions of the Agreement shall continue in full force and effect. [Signatures on following page]
1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement as of the date first above written.
"CITY"
CITY OF LAGUNA NIGUEL
By Tamara S. Letourneau
City Manager
ATTEST:
Marissa J. Asistin
City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
Scott C. Smith
City Attorney
"CONSULTANT"
Sage Environmental Group, LLC, a California limited
liability company.
By:_
Print Name:
Title:
Print Name:
Title:
2 EXHIBIT "A-1"
GENERAL ON-CALL SERVICES
Consultant shall perform all Services under the Agreement at the rates and in the manner set forth in Exhibit "A". For the provision of general on-call Services not procured in connection with a specific project as may be required by the City, Consultant shall receive compensation, including authorized reimbursements, in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000) annually over the term of the Agreement.
ATTACHMENT J
Professional Services Agreement for On-Call Supplemental Planning Staff Services with Stephanie Tomaino dba City Advisors
AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
STEPHANIE TOMAINO DBA CITY ADVISORS
THIS AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES ("Agreement") is made and entered into NaU alL, a citoria municipal corporation (ciy) and tend bit Tomatiba Cry A UNIA, a sole proprietor ("Consultant"). City and Consultant may be referred to individually as "Party" or collectively as "Parties."
RECITALS
A. The City desires to contract with selected professional consultants to provide on- call professional services to support the Community Development Department in the following category: Supplemental Planning Staff Services.
B. The City circulated a Statement of Qualifications for the above-described professional services on August 30, 2023.
Consultant submitted a proposal to City to provide the above-described professional services dated September 29, 2023.
City Staff has reviewed all the proposals and after considering the demonstrated competence of Consultant, the professional qualifications of Consultant, and the fairness and reasonableness of Consultant's proposed cost, staff has determined that an agreement to provide the required services on an on-call basis should be awarded to Consultant.
E. The City and Consultant each desire to enter into an agreement for the above- described professional services to be provided to City by Consultant on an on-call basis.
AGREEMENT
In consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
Scope of On-Call Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide, on an on-call basis, those services specified in the "Scope of On-Call Services" attached hereto as Exhibit A and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants: a) all services set forth in the Scope of On-Call Services will be performed in a competent and satisfactory manner; b) all materials used for services will be both of good quality as well as fit for the purpose intended; and, c) Consultant shall follow the highest professional standards and practices in performing the services required hereunder. Services to be actually performed by Consultant for City shall be -1-
established on a project-by-project basis through a separate written amendment to this Agreement (each such amendment may be referred to herein as a "Specific Services Amendment"). Upon request by City, Consultant shall provide a detailed project proposal, with pricing no greater than the fees and rates provided for in Exhibit A to this Agreement. Consultant shall not commence work for any given project until both: a) execution by Parties of a written Specific Services Amendment to this Agreement specifying, for the given project, the services to be provided, compensation for those services, and a performance schedule for those services; and, b) receipt from City of a written notice to proceed issued pursuant to said executed Specific Services Amendment.
Consultant's Proposal and City's SOO. Consultant's proposal for this Agreement referenced in the above recitals (Consultant's Proposal") shall be incorporated herein by this reference as though fully set forth herein. City's Statement of Qualifications referenced in the above recitals ("City's SOQ") shall be incorporated herein by this reference as though fully set forth herein. The Scope of On-Call Services specified in Exhibit A shall include the scope of services or work included both in Consultant's Proposal as well as in City's SOQ. In the event of any inconsistency or any conflict between the terms of Consultant's Proposal (for scope of services or work, or schedule of performance), and the terms of City's SOQ (for scope of services or work, or schedule of performance), the Consultant's Proposal shall govern, unless this Agreement provides otherwise. In the event of any inconsistency or any conflict between the terms of Consultant's Proposal, and this Agreement or any amendment hereto, the terms of this Agreement or any amendment hereto, respectively, shall govern. No other terms and conditions from Consultant's Proposal, other than description of scope of services or work, as well as description of schedule of performance, shall apply to this Agreement, unless specifically agreed to by City in writing.
Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of City and any federal, State or local governmental agency having jurisdiction in effect at the time services are rendered.
City, and its elected and appointed officers, employees, agents, designated volunteers, attorneys, successors and assigns shall not be liable at law or in equity for failure of Consultant to comply with this Section.
Licenses, Permits, Fees and Assessments. Consultant shall obtain and maintain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
Additional Services and Compensation. Consultant hereby acknowledges that it accepts the risk that the services to be provided on an on-call basis pursuant to the Scope of On- Call Services, in consideration for the fees and rates provided for in the Schedule of Compensation referenced in Section 2.1 below, may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other consultants. -2-
1.6 Familiarity with Work. By executing this Agreement, Consultant represents and warrants Consultant: a) has thoroughly investigated and considered services to be performed, b) has carefully considered how services should be performed, and c) fully understands the facilities, difficulties and restrictions attending performance of services under this Agreement.
Software and Computer Services. If the Scope of On-Call Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it is familiar with and/or has inspected City's current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of City. Consultant acknowledges that City is relying on this representation by Consultant as a material consideration in entering into this Agreement.
1.8 Prevailing Wages. If services include any "public work" or "maintenance work," as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws. To the maximum extent permitted by law, Consultant's obligations in Section 5.3 (Indemnification) expressly apply to acts or omissions arising out of, or incidental to, the payment of prevailing wages by any person or entity (including Consultant, its subcontractors, and each of their officers, employees and agents) in connection with any services, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant pursuant to this section shall survive termination of the Agreement.
1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit A and incorporated herein by this reference.
In the event of a conflict between the provisions of Exhibit A and any other provisions of this Agreement, the provisions of Exhibit A shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Compensation for Services. Compensation for each project performed hereunder shall be determined by a Specific Services Amendment specifying a not-to-exceed contract sum for the specific project. Fees and rates to be charged by Consultant for services provided for in all Specific Services Amendments are specified in the "Schedule of Compensation," attached hereto as Exhibit A and incorporated herein by this reference, and such fees and rates are not subject to increase during the initial term of the Agreement. After the initial term of the Agreement, fees and rates may only be increased both pursuant to Section 9.4 as well as subsequent to negotiation between the Parties on a reasonable increase. The maximum of such increase shall be no greater than the CPI increase (Orange County area for the applicable period of time. City has no obligation or duty to provide any such increase. Compensation may include reimbursement, for actual and necessary expenditures, if both specified in either the Schedule of Compensation or the applicable Specific Services Amendment, as well as approved by City in advance. The not-to- exceed contract sum specified in any Specific Services Amendment shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will -3-
materially increase or decrease the cost of the work or services, Consultant shall promptly notify the City Representative of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
2.2 Invoices._Unless some other method of payment is specified in Exhibit A, Schedule of Compensation, in any month in which Consultant wishes to receive payment, no later than the first business day of such month, Consultant shall submit to City, in a form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of this Agreement. Except as provided in Sections 7.3, 7.4 and 7.5, City shall pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and City will use its best efforts to make payment no later than forty-five (45) days, from the submission of an invoice in an approved form. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. Each invoice is to include (unless otherwise specified by City): 1) line items for all personnel describing the work performed, the number of hours worked, and the hourly rate; 2) line items for all materials and equipment properly charged to the services; 3) line items for all other approved reimbursable expenses claimed, with supporting documentation; and 4) line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the services.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until June 30, 2025. The term of this Agreement may be extended administratively (with total cumulative extension no greater than two years, by the City pursuant to Section 9.4 and without the need for further approval by the City Council, if the Consultant's performance is satisfactory and it is in the best interest of the City.
3.3 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in both the "Schedule of Performance" attached hereto as Exhibit A and incorporated herein by this reference, as well as the Specific Services Amendment.
3.4 Force Majeure. The time period(s) specified in the Schedule of Performance and the Specific Services Amendment 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 Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, (with the express exception of delays arising from the impact of COVID- 19 and its variants to the extent such impact is foreseeable or should have reasonably been foreseeable), if Consultant shall within ten (10) days of the commencement of such delay notify City in writing of the causes of the delay. City shall ascertain the facts and the extent of delay, and -4-
extend the time for performing the services for the period of the enforced delay when and if in the judgment of City such delay is justified. City's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of this Agreement pursuant to this Section.
ARTICLE 4. COORDINATION OF WORK
4.1 Consultant Representative. The Consultant Representative is Stephanie Tomaino, Consultant, (949) 485-1960, [email protected], who is authorized to act on Consultant's behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Agreement.
Therefore, the representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City.
4.2 City Representative. The City Representative is such person as designated by the City Manager or her designee. The City Representative shall be the primary person on behalf of City responsible for the administration of the Agreement. It shall be Consultant's responsibility to assure that the City Representative is kept informed of both the progress of the performance of the services as well as any decisions which must be made by City.
4.3 Approvals from City. City approvals or actions, pursuant to the authority of this Agreement, may be made (unless otherwise specified) either by the City Manager, the Community Development Director, or by the City Representative (or by their respective delegates as provided for in writing).
4.4 Independent Contractor. Neither City, nor any of its officers, employees or agents, shall have any control over the manner or means by which Consultant, or its officers, employees, agents or subcontractors, perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it, or any of its officers, employees, agents or subcontractors, are officers, employees or agents of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant represents and warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Consultant's exclusive control and direction.
No City employee benefits shall be available to Consultant, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, agents or subcontractors, for injury or sickness arising out of performing services hereunder. In the event that Consultant or any officer, employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, -5-
or the California Public Employees' Retirement System, to be classified as other than an independent contractor for City, then Consultant shall indemnify, defend, and hold harmless City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to City as a consequence of, or in any way attributable to, the assertion that Consultant, or any officer, employee, agent, or subcontractor Consultant used to provide services under this Agreement, is/are employees of City.
4.5 Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, without express written approval of City, Consultant shall not contract with any other entity to perform in whole or in part services required hereunder without express written approval of City, and neither this Agreement nor any interest herein may be transferred or assigned. No approved transfer shall release Consultant, or any surety or insured of Consultant, of any liability hereunder without express written consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
Insurance Coverages. Prior to commencement of any services under this Agreement, and without limiting Consultant's indemnification obligation to City, Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the Agreement, primary policies of insurance of the type and amounts below, issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by City, which shall cover all elected and appointed officers, employees, agents, designated volunteers, attorneys, successors and assigns of City. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. (a) Commercial General Liability Insurance. A policy of commercial general liability insurance, with coverage at least as broad as Insurance Services Office ("ISO") form CG 00 01, written on a per occurrence basis for bodily injury, personal injury and property damage. Defense costs must be paid in addition to limits. Coverage for an additional insured shall not be limited to its vicarious liability. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate.
(b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c) Automobile Liability. A policy of comprehensive automobile liability -6-
insurance, at least as broad as ISO form CA 00 01, written on a per occurrence basis covering bodily injury and property damage in an amount not less than $300,000 combined single limit for each accident. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to Consultant's profession. This coverage may be written on a "claims made" basis and must include coverage for contractual liability. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of City submit written evidence of this continuous coverage. Limits shall be no less than $1,000,000 per claim and no less than $1,000,000 general aggregate. (e) Cyber Liability. Cyber liability insurance appropriate to Consultant's profession and the services hereunder, written on a per occurrence basis, with limits not less than $1,000,000 per occurrence/loss, and $2,000,000 in the aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Consultant pursuant to this Agreement and shall include, but not be limited to, claims involving: infringement of intellectual property; copyright; trademark; invasion of privacy violations; data breach; electronic information theft, loss, damage, destruction, alteration or misuse; release of private information; extortion; and, network security. The policy shall provide coverage for breach response costs, regulatory fines and penalties, and credit monitoring expenses, with limits sufficient to respond to these obligations.
(1) Excess Liability and Umbrella Liability Insurance. Excess liability insurance and/or umbrella liability insurance may be used to satisfy the obligations herein. If excess liability insurance is used then the policy shall meet all the requirements herein and be at least as broad as the primary coverages set forth herein. Such policy shall: 1) include a drop down feature requiring the policy to respond if primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; 2) be payable on behalf of wording as opposed to reimbursement; 3) have concurrency of effective dates with primary policies; 4) "follow form" to the underlying primary policies; and, 5) provide insureds, under primary policies required herein, shall be insureds under the excess liability policy. (g) Subcontractors. In the event Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, Consultant shall either: 1) include each subcontractor as insureds under its policies of insurance required herein; or, 2) Consultant shall, upon request of City, furnish to City all documentation, required in Article 5 for Consultant, for each subcontractor. All coverages for subcontractors shall include all of the requirements herein.
5.2 General Insurance Requirements.
(a) Proof of Insurance, Enforcement and Notice. No work or services under this Agreement shall commence until both Consultant has provided City with insurance certificates, endorsement forms and appropriate insurance binders evidencing the above insurance -7-
coverages, as well as said documentation is approved by City. City reserves the right to inspect complete, certified copies of, and endorsements to, all required insurance policies, at any time.
Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. In the event any insurance policy required under this Agreement is cancelled or amended (and the insurance policy is not replaced pursuant to subsection (b) below), or does not comply with Article 5, then: 1) City has the right but not the duty to obtain insurance required herein and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments; or, 2) City, notwithstanding any other provisions of this Agreement, may immediately terminate this Agreement. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies.
Cancellation/Amendment. All of herein required policies of insurance shall provide the insurance may not be amended or cancelled by insurer or any Party hereto without providing thirty (30) calendar days prior written notice (with exception of ten (10) calendar days prior written notice for nonpayment of premium) to City. In the event any of said policies of insurance are amended or cancelled, Consultant shall, five (5) business days prior to the cancellation date, submit new evidence of insurance, or reinstatement of policy, in conformance with this Agreement to City.
Additional Insureds. The commercial general liability policy provided for in Section 5.1(a) and the automobile liability policy provided for in Section 5.1 (c) both shall name City and its elected and appointed officers, employees, agents and designated volunteers ("City Parties") as additional insureds and such coverage shall contain no special limitations on the scope of protection afforded to City and City Parties. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability, and policies of insurance shall not contain any cross-liability exclusions. (d) Primary, Subrogation, Contribution and Coverage. All of the above policies of insurance shall be primary insurance. The insurers (with exception of professional liability insurer) for above policies, Consultant and any subcontractors are all deemed hereof to waive all rights of subrogation and contribution they may have against City or City Parties, and their respective insurers, and all insurance policies required herein shall be endorsed to waive such rights. Any insurance maintained by City or City Parties will apply in excess of, and not contribute with, Consultant's insurance. If Consultant maintains broader coverage and/or higher limits than the minimum amounts provided herein, City requires and shall be entitled to the broader coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City and City Parties.
None of the coverages required herein will be in compliance with this Agreement if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Requirements of specific coverage features or limits contained herein are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. -8-
(e) Limitations, Self- Insured Retention and Deductibles. Consultant agrees that requirements of Article 5 shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant's activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant's indemnification liabilities as provided in Section 5.3. All insurance policies must specify that where the primary insured does not satisfy any self-insured retention, any additional insured may satisfy the self-insured retention (without impairment of obligation of primary insured under this Agreement to satisfy any self- insured retention). Any deductibles or self-insured retentions must be declared to and approved by City. At City's option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City and City Parties, or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, attorney's fees, defense expenses and claims.
5.3 Indemnification.
General Obligations. Consultant agrees, to the full extent permitted by law, to immediately indemnify, defend and hold harmless City and its elected and appointed officers, employees, agents, designated volunteers, attorneys, successors and assigns (each an "Indemnitee" and collectively, "Indemnitees") against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages or injuries to persons or property, demands, expenses, losses, costs, penalties, obligations, errors, omissions or liabilities of any kind that may be asserted or claimed by any person, firm or entity arising out of, pertaining to, incident to or in connection with any alleged acts, errors or omissions of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (each an "Indemnitor" and collectively, "Indemnitors") in connection with the performance of Consultant's Services, or arising from Indemnitors' reckless or willful misconduct, or arising from Indemnitors' negligent performance of or failure to perform the work, operations or activities provided herein, or any term, provision, covenant or condition of this Agreement, with such negligence or failure to perform to be determined by the City (herein "Claims or Liabilities"), and in connection therewith: 1) Consultant will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Indemnitees will reimburse and pay for all costs and expenses, including legal costs and attorneys' fees, incurred by Indemnitees in connection therewith; and, 2) Consultant will promptly pay and satisfy any judgment, award or decree rendered against Indemnitees, and reimburse Indemnitees for the cost of any settlement paid by Indemnitees, for any such Claims or Liabilities, and will save and hold Indemnitees harmless therefrom.
(b) Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Consultant and shall survive termination of this Agreement.
Consultant shall incorporate similar indemnity agreements as provided herein with its subcontractors, and if Consultant fails to do so Consultant shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or City Parties (collectively "City" for solely this Section 5.3(b))) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof. The indemnification provisions herein do not apply to claims or liabilities -9-
occurring as a result of City's sole negligence or willful misconduct, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The performance of professional services hereunder. Payment of invoices by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligence or willful misconduct of City, Consultant will be obligated to pay for City's defense until such time as a final judgment has been entered adjudicating City as solely negligent or responsible for willful misconduct.
Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney's fees, expert fees and costs of litigation. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under Section 5.3 of this Agreement. Such offset, if any, does not satisfy any amount, greater than the offset, due to City from Consultant. (c) Professional Liability. When the law establishes a professional standard of this Section 5.3, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services under this Agreement.
ARTICLE 6. RECORDS, REPORTS AND RELEASE OF INFORMATION
6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder ("books and records") as shall be necessary to perform the services required by this Agreement and enable City to evaluate the performance of such services. Any and all such books and records shall be maintained in accordance with generally accepted accounting principles (and, as applicable, maintained also in accordance with requirements of Labor Code section 1776), shall be complete and detailed, and shall be readily accessible. City shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts. Such books and records shall be maintained either for a period of no less than three (3) years following completion of the services hereunder, or for such period of time as required by applicable law, whichever period of time is longer. City shall have access to such books and records in the event any audit is required. Consultant shall fully cooperate with City in providing access to any and all Consultant records and documents if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports. Consultant shall periodically submit written reports to City -10-
Representative concerning performance of services, upon request, and/or as necessary for City to be informed of both performance of services as well as any decisions which must be made by City.
6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials ("documents and materials") prepared (regardless of whether complete or incomplete) by Consultant, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of City and/or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership, use, reuse, or assignment of the documents and materials hereunder. Consultant may retain copies of such documents and materials under express condition that Consultant agrees such documents and materials are the sole property of City. All subcontractors shall provide for assignment to City of any documents and materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, with respect to any Consultant documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for City.
Confidentiality and Release of Information. All information gained or work product produced by Consultant in its performance of this Agreement shall be considered confidential, unless such information is in the public domain. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from City. No news releases, including photographs, public announcements, or confirmations of the same, of any part of the work, shall be made without prior written authorization from City. Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from City or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered "voluntary" provided Consultant immediately gives City notice of such court order or subpoena. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct. As concerning, regarding or related to, in any way, this Agreement and the work performed thereunder: a) Consultant shall immediately notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party; b) City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding; and, c) Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant, however, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
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ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Consultant agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Central District of California, Southern Division, in the County of Orange, State of California.
7.2 Suspension, or Termination, Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in Section 7.4 for termination for cause. City reserves the right to terminate or suspend this Agreement, or any portion hereof, at any time, for any reason, with or without cause, upon ten (10) days' notice to Consultant, except that where termination or suspension is due to the fault of Consultant, the period of notice may be such shorter time as determined by City. Upon receipt of any notice of termination or suspension, Consultant shall immediately cease all services hereunder, unless the notice provides otherwise, or except such as specifically approved by City. Upon submittal of an invoice consistent with Section 2.2, Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination or suspension and for any services authorized by City thereafter in accordance with the Schedule of Compensation and/or a relevant Specific Services Amendment, or such as may be approved by City, except as provided in Section 7.5. In event of termination, or suspension, without cause pursuant to this Section, there is no need to provide opportunity to cure pursuant to Section 7.3.
Default of Consultant and Opportunity to Cure. In the event that Consultant is in default under the terms of this Agreement (including without limitation the terms of any Specific Services Amendment), City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively ten (10) days, but may be extended, or reduced, if circumstances warrant, as determined by City. During the period of time that Consultant is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices, without liability for interest. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default by conclusion of noticed timeframe, City may immediately both terminate this Agreement and/or Specific Services Amendments) with notice to Consultant, as well as pursue the remedy in Section 7.4, without prejudice to any other remedy to which City may be entitled at law, in equity or under this Agreement. Any failure on the part of City to give notice of Consultant's default shall not be deemed to result in a waiver of City's legal rights or any rights arising out of any provision of this Agreement.
7.4 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.3, take over the work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the -12-
services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City therefor.
7.5 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.6 • Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement of this Agreement imposes no additional obligations on City nor does it waive any rights hereunder. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
7.7 Rights and Remedies are 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.
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.
Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.9 Attorneys' Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. Attorneys' fees shall -13-
include attorneys' fees on any appeal, and a Party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, consultants' fees, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest; in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of City. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Consultant written notice describing the conflict.
No officer or employee of 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 this Agreement which affects their financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices. Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, in the case of City addressed to Community Development Director at City of Laguna Niguel, 30111 Crown Valley Parkway, Laguna Niguel, CA 92677, and in the case of Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either Party -14-
may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement, headings used, or any other rule of construction which might otherwise apply.
9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration: Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties as to the Agreement.
It is understood that there are no oral agreements between the Parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all prior and contemporaneous negotiations, arrangements, agreements and understandings, if any, between the Parties, concerning this Agreement, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing, approved by City and Consultant, and consistent with the Laguna Niguel Municipal Code.
Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties 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.
9.6 No Undue Influence. Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to remedies in Section 7.4 and any and all remedies at law or equity.
9.7 Corporate Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF LAGUNA NIGUEL, a California
municipal corporation
Tamara S. Letourneau, City Manager
ATTEST:
Marissa J. Asistin, City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE CITY
OF LAGUNA NIGUEL, CALIFORNIA:
Scott C. Smith, City Attorney
CONSULTANT:
Stephanie Tomaino, a sole proprietor.
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairperson of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.)
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,
ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
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EXHIBIT A
SCOPE OF ON-CALL SERVICES
SCHEDULE OF COMPENSATION
SCHEDULE OF PERFORMANCE
I. All work product is subject to review and acceptance by City, and must be revised by Consultant without additional charge to City until found satisfactory and accepted by City.
II. Consultant is available to perform services, described in Consultant's Proposal and City's SOQ (refer to Section 1.2 for conflicts), on an on-call basis.
ILI. City will compensate Consultant for the on-call services performed upon submission of a valid invoice, as described in Section 2.2.
IV. Consultant will be compensated for services provided under this Agreement in accordance with description in Consultant's Proposal. Fees and rates shall be no greater than the fees and rates specified in Consultant's Proposal as accepted by City.
V. Consultant shall perform all on-call services and deliver all work products timely in accordance with the schedule described in Consultant's Proposal and City's SOQ (refer to Section 1.2 for conflicts), and as applicable in accordance with the schedule.
A(1)
CITY
ADVISORS
CITY ADVISORS
PROPOSAL
City of Laguna Niguel
On-Call Supplemental
Planning Staff Services
1989
September 29, 2023
Ча 2
PAGE 2
Table Of Contents
03 Cover Letter
04 Company Overview
05 Company Data
06 Project Manager
07 Additional Support
08 Overview of Services
09 Detailed Work Plan
12 Relevant Experience
13 References
14 Rate Schedule
15 Requested Exceptions
16 Contact Information
2 City of Laguna Niguel
Community Development Department
Attn: Jonathan Orduna, Community Development Director
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Dear Jonathan,
Thank you for the opportunity to provide a summary of my company's qualifications. Bridging my passion for public service with my entrepreneurial spirit, I formed City Advisors to create a new business model providing technical planning support on an on-call basis. My company prioritizes community impact over profits, and this is reflected through my lean organizational structure and limited overhead, with cost savings passed onto my client cities. Because most of my professional experience was gained working in small City departments, I am accustomed to being resourceful and efficient with time, adapting to changing needs, and developing creative solutions when unique problems arise. Additionally, I have personally hired, trained, and supervised contract planners from four different firms. These experiences have given me a unique perspective on the public agency's expectations related to managing contractors' schedules and costs, reviewing deliverables, monitoring output, and ensuring work was completed satisfactory to the City's standards.
With my diverse experience working alongside development, real estate, design, and construction teams, I am well-versed in balancing competing needs between various stakeholders. As an advocate of common-sense solutions-based planning, applicants have appreciated my collaborative approach to project
management. However, exclusively serving public agency clients has allowed the company to focus on representing the City's best interests.
I'm deeply thankful for the initial endorsement Laguna Niguel provided to City Advisors, making you one of my earliest clients.
The confidence you've placed in me, allowing me to manage both current and long-range planning projects, is deeply valued. Over the past year, collaborating with Laguna Niguel's committed team has been a rewarding experience, and I hope to extend our partnership and further contribute to the City's high-priority objectives and community initiatives in the years ahead.
Sincerely,
S. Tomano
Stephanie Tomaino, AICP
CEO and Managing Principal
Company Overview
YEARS
LA MESA
Supporting cities one project at a time.
City Advisors is more than just a contract planning firm; we're your dedicated partner in public service. Specializing in current and long-range planning, our roots are deeply embedded in the public sector. Our founder, a seasoned public sector planner with years of experience in managing contract teams, recognized the essential need for consultants who not only excel in their craft but also respect your time and budget constraints. As a small business, we offer the advantage of being nimble and agile, quickly adapting to meet the unique needs and changing scopes of our clients' projects. We operate with integrity, ethical rigor, and honesty, which serve as the foundational principles of our business oractices.
We're not just here to do a job; we're here to make a difference. Whether it's clearing your work backlogs, delivering high-impact planning projects, or elevating customer service levels in collaboration with City staff, City Advisors is committed to making a tangible impact in the communities we serve. Because we're passionate about bringing our company's mission to life, below is a glimpse of our recent impactful contributions.
A public hearing for Zoning Ordinance text amendments was scheduled within two months of project kickoff.
Worked with a project applicant to limit Contract Planner's hours under a set deposit, thereby removing financial
uncertainty for a small business owner.
To assist a client with their limited Zoning Code Update budget, a volunteer graduate planning student intern was hired to support with data collection and research.
Company Data
City Advisors, LLC
Official Name and
15 Rastro Street
Address
Rancho Mission Viejo, CA
Stephanie Tomaino, AICP
Owner / Primary
[email protected]
Point of Contact
(949) 485-1960
Type of Entity Limited Liability Company
Ownership
Single Member LLC
Structure
Year Established 2022
Employer ID 88-3446179
Number
#of Employees 1
Additional Statements:
• City Advisors does not possess any failures or refusals to complete a contract.
• City Advisors does not have any financial interests in other lines of business.
• The Company does not possess any conflicts of interest that would prevent its Consultants or Subcontractors from
receiving project assignments.
5 Project Manager
Stephanie Tomaino, AICP
As the hands-on owner of City Advisors, Stephanie
brings over 15 years of expertise to every project.
Before consulting, she was an in-house planner for
multiple Southern California cities, including San
Clemente and Irvine. During that time, she managed
a team of staff and contract planners to process over 300 planning applications and 2,000 building plan reviews each year. Stephanie has extensive experience presenting projects to the Design Review Board, Cultural Heritage Committee, Planning Commission, and City Council.
She brings a decade-long commitment to active volunteer leadership in the profession, having served in various executive roles on both State and local APA boards. With a background in academia as an Adjunct Professor at UC Irvine, she is uniquely positioned to educate and inform community members on the intricacies of zoning.
Areas of Expertise:
Experience:
• Architectural Design Review
15 Years
• Advance/Long-Range Planning
• Board, Commission, and City Council Education:
Presentations Masters of Urban and
• Community Engagement & Outreach Regional Planning
• CEQA and Environmental Compliance Cal Poly Pomona
• Coastal Development Permits B.A. Anthropology
• Conditional Use Permits B.A. International Studies
• Historic Preservation UC Irvine
• Housing Element Program
Affiliations:
implementation
American Institute of
• Minor Code Exceptions
Certified Planners (AICP)
• Program Implementation (Including
creating new permit processes) American Planning
• Redevelopment of Commercial & Association (APA)
Industrial Properties Urban Land Institute (ULI)
• Residential Subdivisions
Leadership:
• Site Development Reviews
• Wireless and Small Cell Facilities OC-APA Section Director • Zoning Code Amendments APA California Board
• Zoning Compliance Reviews Community Planning
(Ministerial and Discretionary) Assistance Team
Additional Support
Alexsundra Captan
As a seasoned master planner and designer,
Alexsundra brings over 8 years of specialized
experience in crafting visionary master planned
communities and I working closely with diverse
California municipalities. Her expertise centers on
community design and supporting guidelines, with a particular focus on the complexity of hillside design, placemaking and mixed-use developments. Alexsundra is an expert in the art of land grading with the technical skills required for community design. With her understanding of topography and terrain, she ensures that the land is not only structurally sound but also environmentally responsible; she is experienced in mitigating potential challenges and ensuring optimal project utilization that respects the natural environment while meeting the diverse needs of residents and stakeholders.
Alexsundra is also experienced in exhibits production and graphio design for municipalities, including but not limited to: public outreach exhibits, design guideline diagrams, and zoning/land use mapping. Her work in this area has allowed her to bridge the gap between technical planning documents and clear, compelling visual communication, aiding cities in effectively conveying their visions to stakeholders and the public alike.
Employers: Past Clients: Experience:
Current and Past
• City of Westminster 8 Years
• The Walt Disney • City of Laguna Hills
Company • City of Garden Education:
• UC Irvine, MURP Grove
M.S. Construction
Program • City of Los Angeles Management &
• PlaceWorks • City of Long Beach Engineering
• TRG Land, Inc. • City of San Arizona State University • Reid Planning, Inc. Bernadino
B.A. Urban Studies
• City of Tustin • City of Costa Mesa
• Caltrans District 9 • City of Rancho UC Irvine
• Public Works, Cucamonga
Affiliations:
Monrovia Liberia • City of Newport
Beach Urban Land Institute (ULI)
• City of Temecula US Green Building Council
7 • City of Yucaipa
• Lyon Homes
Overview of Services
City Advisors focuses on providing reliable, affordable, and efficient contract planning services that are flexible and can be adapted to fit the City's specific staffing needs and budgetary constraints.
Because the bulk of the services are conducted remotely, the Contract Planner will be able to respond to applicants promptly, rather than limiting project work to in-office hours only. City Advisors offers a full complement of services including the following:
Entitlement Management
Coordinating interdepartmental staff reviews; evaluating projects for zoning and General Plan consistency; issuing Notice of Incompleteness letters; overseeing technical
consultants; serving as the Point of Contact between the City and developers; preparing staff reports, conditions of approval, and resolutions; presenting to the Planning Commission and City Council at public hearings.
Advanced/Long-Range Planning
Zoning Code Text Amendments, Ordinance Development,
Housing Element Program Implementation, Code
Streamlining Initiatives, Objective Design Standards
(Regulatory Text), Specific Plan Updates, CEQA
Compliance, and Compliance with State Legislation
Plan Checks and Ministerial Permits
Assessing construction drawings for compliance with the Zoning Ordinance and other planning policies; issuing
plan check corrections; reviewing revised plans per
corrections; and maintaining administrative records and updating City's permit software as appropriate.
Focused Design Services
Exhibits production and graphic design services requiring quick turnarounds, including but not limited to: public outreach exhibits, ODDS Manual diagrams and illustrative examples, and other visual exhibits.
Detailed Work Plan
City Advisors uses a collaborative and results-driven approach to project management. Clients can expect the assigned Consultant to provide regular updates on project statuses, communicate any roadblocks, and identify solutions. Additionally, as an experienced supervisor, the Consultant can operate independently with minimal disruptions to City staff, but also recognizes the need to elevate issues to staff and receive direction before proceeding with work.
Project work will be conducted primarily remotely. However, we are available to attend in-person staff meetings, public hearings, and other in-person requests as needed. Below is a detailed approach to how City Advisors manages our planning projects.
Current Planning
Entitlement Management:
The Contract Planner will oversee all aspects of the case processing, including but not limited to: reviewing development proposals for consistency with the Zoning Ordinance, General Plan, and other local regulations; routing applications to other City departments and divisions; consolidating comments from all departments and divisions into Notice of Incompleteness letters; communicating project statuses and City comments to applicants; coordinating meetings between applicants and City staff; processing and reviewing application resubmittals and revisions; working with City staff to schedule public hearings; requesting conditions of approval from other divisions; drafting public hearing notices, staff reports, resolutions, and conditions; finalizing agenda packets following review by staff; preparing PowerPoint presentations; and presenting projects and staff recommendations to approval bodies. The Contract Planner will also ensure all associated administrative tasks are completed, including: monitoring developer deposits, logging billable hours and project tasks, maintaining public records and correspondence in the City's database, updating statuses in the City's permit software, renaming files, and organizing project folders.
Current Planning
The Contract Planner will maintain funds on developer deposit accounts by monitoring deposits prior to conducting work on any project milestones (i.e., requesting replenishments prior to reviewing resubmittal materials). As the Project Manager, it's our standard practice to request that applicants submit larger deposit amounts based on the anticipated staff hours needed over the lifespan of an application process, and to set a $1,000 threshold for replenishments, rather than waiting for negative balances to occur.
The Contract Planner will also seek to introduce themself to other reviewers, both inside and outside of city staff. The Contract Planner will establish relationships with reviewers such as building, public works development engineering, OCFA liaison, traffic, code enforcement, landscape consultant, and technical reviewers (i.e., WQMP, hydrology, etc.).
Plan Checks and Ministerial Permits:
The assigned Contract Planner may conduct zoning compliance reviews of building permit plans, including, but not limited to:
architectural site plans, elevations, technical reports, landscape plans, grading plans, signs, and other documentation routinely submitted to the Planning Division. City Advisors has specialized experience reviewing plans for ADUs/JADUs, and wireless facility modifications. Plans will be reviewed for consistency and substantial compliance with the City of Laguna Niguel Zoning Ordinance, applicable conditions of approval tied to associated entitlement permits, and other applicable policies and regulations.
The Project Manager would serve as the point of contact coordinating the intake of application submissions, assigning permits to City Advisors' support staff, uploading plan check corrections to Trakit/Energov, and updating statuses in the City's permit software.
The Project Manager would also provide quality assurance supervision to ensure review deadlines are met and inquiries from applicants are responded to in a timely fashion.
10 Long-Range Planning
The Contract Planner will work with the supervisor to refine the project-specific scope of work, identify City needs, and understand the Planning Division's expectations and goals of the ordinance. The Contract Planner's responsibilities will include: reviewing the current Zoning Ordinance and local regulations; reviewing current State legislation; reviewing current implementation methods and staff interpretations; researching regulations from other surrounding cities; discussing challenges and opportunities for improvement with staff; discussing conceptual changes with staff; preparing detailed Zoning Ordinance amendments in track-changes; preparing summary tables; presenting changes in a consolidated format; holding regular check-ins with staff; identifying areas where policy direction is needed from staff, Commission, and/or City Council; conducting study sessions on items needing further discussion; preparing environmental documentation for CEQA compliance; working with staff to schedule public meetings; drafting public hearing notices, staff reports, resolutions, and attachments; finalizing agenda packets following review by staff; preparing PowerPoint presentations; attending public meetings; presenting to approval bodies; and participating in any implementation tasks as directed by the Contract Supervisor, such as creating handouts, assisting with website updates, and presenting to in-house planning staff.
As part of the kickoff process, the Contract Planner will work with staff to develop a project-specific scope of work and schedule. Based on these discussions, the Contract Planner will recommend an overali project roadmap with milestone dates, and determine the number of hours anticipated to complete the work program. The Contract Planner will establish bi-weekly check-in meetings with staff to review progress, discuss any blockers, and receive direction and clarification from staff as-needed. The Contract Planner wishes to utilize the City's limited resources efficiently by ensuring that meetings are productive, conclude on-time, and all parties leave the meeting with clear actionable items. Agendas for the check-in meetings will be set by the Contract Planner so that City staff may focus on providing high-level guidance and direction on the work program.
Focused Design Services:
City Advisors' support staff is available to assist with producing graphics, exhibits, and illustrations for any planning documents. This 11 service is offered to existing clients needing quick and affordable design services to augment larger planning efforts.
Relevant Experience
City of Laguna Niguel - Objective Development and Design Standards Provide technical support to the team working to adopt multifamily and mixed-use residential objective development and design standards. Specifically assisted with writing the first drafts of the Planning Commission staff report; resolution, ordinance, Zoning Code text amendments, and public hearing notice.
City of La Mesa - ADU and JADU Ordinance Updates
Text amendments to bring the Zoning Ordinance into compliance with the last three cycles of State updates to its ADU and JADU Statutes.
Involved drafting staff reports for two public hearings, drafting two ordinances, drafting one resolution and all attachments, and serving as the staff presentation lead at all public hearings.
City of El Segundo - Housing Element Implementation
Zoning Ordinance text amendments to implement housing strategies within the certified Housing Element, including: residential care facilities, emergency shelters, low barrier navigation centers, employee housing, reasonable accommodations, senior housing, and transitional and supportive housing. Also drafted new findings for site plan approvals using objective evaluation criteria. Project is ongoing.
City of Coachella - Parking & Sign Code Updates
Complete rewrites of the Parking and Signage Chapters of the Zoning Ordinance to create more flexibility in the development standards, incentivize redevelopment of commercial and industrial properties, improve community aesthetics, and promote pedestrian-oriented uses and amenities. Project is ongoing.
Current Planning
City Advisors currently provides entitlement management services to the City of Laguna Niguel. Since December 2022, we have actively managed the following projects:
• Chick-fil-A - Modifications to expand and add a second drive-thru ordering lane and new canopy structures. (Application pending) • Steven's Gardens - Use Permit to establish an outdoor plant nursery and garden store. (Approved by Planning Commission) • South Coast Dance Conservancy - Use Permit to legalize the 12 expansion of an existing dance studio. (Application pending) References
City of La Mesa
2022 to Present
Lyn Dedmon, Assistant to the City Manager
[email protected]
(619) 667-1339
City of Coachella
2022 to Present
Gabriel Perez, Development Services Director
[email protected]
CARLEORET
(760) 398-3502
City of Eastvale
2023 to Present
Gustavo N. Gonzalez,
Community Development Director
[email protected]
(951) 703-4499
CITY City of El Segundo
2023 to Present
*
Eduardo Schonborn, AICP, Planning Manager,
SECUAD [email protected]
(310) 524-2312
13 Rate Schedule
Hours will vary per week depending on the individual project needs and schedules. Invoices will be submitted to the
Contract Supervisor (s) at the beginning of each month with a detailed list of services rendered and number of hours associated with each task. Billing rates assume that the majority of project work will be completed remotely.
Stephanie Tomaino performs work at the "Principal Planner" rate. Alexsundra Captan is a subcontractor performing work on behalf of City Advisors at the "Senior Planner" rate.
October 1, 2023 through June 30, 2024
Position Billing Rate
Principal Planner $125.00/hour
Senior Planner $110.00/hour
July 1, 2024 through June 30, 2025
Position Billing Rate
Principal Planner $130.00/hour
Senior Planner $115.00/hour
14 Requested Exceptions
City Advisors respectfully requests the following exceptions or deviations from the City's standard insurance coverages:
• Motor Vehicle Liability Insurance: Amend to $300,000
• Explanation: The $1,000,000 coverage limit applies to commercial vehicles only. Because I do not posses any
vehicles used exclusively for company business, I only carry a personal auto liability policy. My insurance provider does not carry policies that cover $1M per accident for personal vehicles. This information was confirmed by a second auto insurance carrier. Both insurance providers stated that coverage limits for personal auto policies are generally $300K per occurrence.
• The Workers Compensation coverage does not apply since the company does not have employees (aside from the owner).! propose satisfying that requirement by providing a waiver letter documenting the company is exempt from Workers
Compensation.
• Cyber Liability: Remove from Agreement
• Explanation: Last year when a contract was first executed between the City of Laguna Niguel and City Advisors, I
indicated that adding a cyber liability policy to my existing insurance coverage posed a burden as it would have doubled my insurance premiums. I indicated it would have been
difficult to maintain the same billing rates, which were priced competitively. The City agreed and opted to remove that provision from the initial agreement. I request the City to maintain that decision as the work I will be performing does not pose a direct or indirect risk to the City's network infrastructure.
Thank you for your consideration in my requested exceptions to City's standard On-Cali Professional Services Agreement. 1 am happy to discuss any of these requests with the City further. 15 CITY
ADVISORS
Contact Information
(949) 485-1960
[email protected]
Rancho Mission Viejo, CA
www.city-advisors.com
16 •
ATTACHMENT K
Amendment No. 1 to the Professional Services Agreement with Stephanie Tomaino dba City Advisors
AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES
ON-CALL SUPPLEMENTAL PLANNING STAFF SERVICES
This Amendment No. 1 to Agreement for On-Call Professional Services ("Amendment No. 1") is entered into as of
the City of Laguna Niguel, a California municipal corporation, hereinafter the "City", and Stephanie Tomaino dba City Advisors, a sole proprietor, hereinafter the "Consultant".
RECIIALS:
I. On - the City entered into a Professional Services Agreement with the Consultant to provide On-Call Supplemental Planning Staff Services as requested by the City (the "Agreement").
II. The City and Consultant now desire to amend the Agreement in order to establish the amount of compensation for the provision of general on-call services as may be required by the City in an amount not to exceed $150,000 annually over the term of the Agreement.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and covenants herein contained, the parties hereto agree as follows:
1. General On-Call Services. Exhibit "A" of the Agreement is hereby amended to add Exhibit "A-1", attached hereto and incorporated herein by reference, in order to establish the total amount of compensation for the provision of general on-call services, not procured in connection with a specific project in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000) annually over the term of the Agreement.
2. Remaining Provisions. Except as specifically set forth in this Amendment No. 1, the remaining provisions of the Agreement shall continue in full force and effect. [Signatures on following page]
1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement as of the date first above written.
"CITY"
CITY OF LAGUNA NIGUEL
By:
Tamara S. Letourneau
City Manager
ATTEST:
Marissa J. Asistin
City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
Scott C. Smith
City Attorney
"CONSULTANT"
Stephanie Tomaino dba City Advisors, a sole
proprietor.
i Name: -
Title: _
2 EXHIBIT "A-1"
GENERAL ON-CALL SERVICES
Consultant shall perform all Services under the Agreement at the rates and in the manner set forth in Exhibit "A". For the provision of general on-call Services not procured in connection with a specific project as may be required by the City, Consultant shall receive compensation, including authorized reimbursements, in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000) annually over the term of the Agreement. 3