Agenda packet — Laguna Woods City Council, July 20, 2022

CITY of LAGUNA WOODS

CITY COUNCIL
AGENDA
Regular Meeting
Wednesday, July 20, 2022
2:00 p.m.

Laguna Woods City Hall
24264 El Toro Road
Laguna Woods, California 92637
Cynthia Conners
Mayor Pro Tem
Noel Hatch
Councilmember
Carol Moore
Mayor
Shari L. Horne
Councilmember
Ed H. Tao
Councilmember
Welcome to a meeting of the Laguna Woods City Council!
This meeting may be recorded, televised, and made publicly available.

Public Comments: Persons wishing to address the City Council are requested to complete and submit a speaker card to City staff. Speaker cards are available near the entrance to the meeting location. Persons wishing to address the City Council on an item appearing on this agenda will be called upon at the appropriate time during the item’s consideration.

Persons wishing to address the City Council on an item not appearing on the agenda will be called upon during the “Public Comments” item. Persons who do not wish to submit a Speaker Card, or who wish to remain anonymous, may indicate their desire to speak from the floor. Speakers are requested, but not required, to identify themselves.

Americans with Disabilities Act (ADA): It is the intention of the City to comply with the ADA. If you need assistance to participate in this meeting, please contact either the City Clerk’s Office at (949) 639-0500/TTY (949) 639-0535 or the California Relay Service at (800) 735-2929/TTY (800) 735-2922. The City requests at least two business days’ notice in order to effectively facilitate the provision of reasonable accommodations.

Laguna Woods City Council Agenda  07/20/2022 Regular Page 3 of 8 NOVEL CORONAVIRUS (COVID-19) NOTICE
Please exercise caution when attending City Council meetings. If you attend this meeting, please abide by all applicable state and local public health orders.

OPTIONS FOR PUBLIC COMMENTS

1. Attend the meeting in-person.

2. Submit public comments in writing. Written public comments may be submitted via email ([email protected]) or by mail (Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637), provided that they are received by the City prior to 2:00 p.m. on the day of the meeting.

Written public comments may be read or summarized to the City Council at the meeting, and parties submitting comments should be aware that their email addresses and any information submitted may be disclosed or become a matter of public record. No party should expect privacy of such information.

3. Make public comments by telephone. Dial (669) 900-6833. When prompted enter the following meeting ID: 878 4350 7030 followed by pound (#) and the following meeting passcode: 207715 followed by pound (#). When an item you wish to comment on is discussed, press *9 on your telephone to raise your hand. When it is your turn, you will be unmuted and able to speak.

Please note that your telephone number will be visible to the City. No party should expect privacy of such information.

4. Make public comments by computer.
• Visit www.zoom.us
• Click on “Join a Meeting” toward the top right of the webpage • Enter the following meeting ID: 878 4350 7030
• Open the Zoom application following the on-screen prompts • Enter the following meeting password: 207715
• Enter a name and email address as required by Zoom
When an item you wish to comment on is discussed, click on “Raise Hand.” When it is your turn, you will be unmuted and able to speak. Please note that information you enter into Zoom will be visible to the City. No party should expect privacy of such information.

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I. CALL TO ORDER
Introductory Note: Members of the public wishing to address the City Council on items appearing on this agenda are advised to indicate their interest in doing so at the time an item is considered by notifying City staff if present in-person, pressing *9 on their telephone if participating by telephone, or clicking on “Raise Hand” if participating by computer via Zoom. Members of the public wishing to address the City Council on items not appearing on this agenda may do so during Item V.

II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. PRESENTATIONS AND CEREMONIAL MATTERS

4.1 Wildfire Awareness and Prevention Season – Mid-Summer to Early Autumn 2022
Recommendation: Approve the proclamation.

4.2 City Hall/Public Library Project Update
Recommendation: Receive and file
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
About Public Comments on Non-Agenda Items: This is the time and place for members of the public to address the City Council on items not appearing on this agenda. To indicate interest, please notify City staff if present in-person, press *9 on your telephone if participating by telephone, or click on “Raise Hand” if participating by computer via Zoom. Pursuant to state law, the City Council is unable to take action on such items, but may engage in brief discussion, provide direction to City staff, or schedule items for consideration at future meetings.

VI. CONSENT CALENDAR
About the Consent Calendar: All items listed on the Consent Calendar are considered routine and will be enacted by one vote. There will be no separate discussion of these items unless a member of the City Council, City staff, or member of the public requests that specific items be removed from the Consent Calendar for separate discussion and consideration of action.

6.1 Reserved

6.2 City Treasurer’s Report
Laguna Woods City Council Agenda  07/20/2022 Regular Page 5 of 8 Recommendation: Receive and file the City Treasurer’s Report for the month of June 2022.

6.3 Warrant Register
Recommendation: Approve the warrant register dated July 20, 2022 in the amount of $1,004,017.19.

6.4 Teleconferencing for Meetings
Recommendation: Adopt a resolution entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LAGUNA WOODS, CALIFORNIA, ALLOWING FOR

THE CONTINUED USE OF TELECONFERENCING FOR
MEETINGS DURING THE COVID-19 STATE OF

EMERGENCY, PURSUANT TO CALIFORNIA ASSEMBLY
BILL 361 (2021-2022)

6.5 Retirement Governmental Money Purchase Plan
Recommendation: Adopt a resolution entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LAGUNA WOODS, CALIFORNIA, AMENDING AND

RESTATING THE ICMA RETIREMENT CORPORATION
(DOING BUSINESS AS MISSIONSQUARE RETIREMENT)

GOVERNMENTAL MONEY PURCHASE PLAN, AND

AUTHORIZING THE EXECUTION OF A PLAN

ADOPTION AGREEMENT, AS WELL AS OTHER

RELATED DOCUMENTS

6.6 Arborist and Tree Risk Assessment Services
Recommendation: Approve an extension of the agreement with Monarch Environmental Services for arborist and tree risk assessment services and authorize the City Manager to execute the extension, subject to approval as to form by the City Attorney.

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6.7 Senior Mobility Program
Recommendation: Approve Amendment No. 1 to Cooperative
Agreement No. C-1-3936 with the Orange County Transportation Authority for the Senior Mobility Program and authorize the City Manager to execute the amendment, subject to approval as to form by the City Attorney.

6.8 El Toro Road and Moulton Parkway Water Quality Treatment Project Engineering Services
Recommendation:

1. Waive the provisions set forth in Laguna Woods Municipal Code Section 3.06.080(c) related to competitive bidding.

AND

2. Approve an agreement with Fuscoe Engineering for El Toro Road and Moulton Parkway Water Quality Treatment Project engineering services and authorize the City Manager to execute the agreement, subject to approval as to form by the City Attorney.

VII. PUBLIC HEARINGS – None
VIII. CITY COUNCIL BUSINESS

8.1 Mobility Technology Plan
Recommendation:

1. Receive and file a presentation from the Southern California Association of Government (SCAG) and IBI Group, Inc.
regarding the Mobility Technology Plan being prepared for the City as part of SCAG’s 2020-2021 Sustainable Communities Program – Smart Cities & Mobility Innovations.

AND
Laguna Woods City Council Agenda  07/20/2022 Regular Page 7 of 8

2. Provide input to SCAG, IBI Group, Inc., and the City Manager regarding the preparation of the Mobility Technology Plan.

8.2 California Senate Bill 1127 (Atkins) (2021-2022)
Recommendation: Adopt a position in opposition to California Senate Bill 1127 (Atkins) (2021-2022) (Workers’ compensation:
liability presumptions.) and authorize the Mayor to sign related correspondence.

8.3 Compensation Equity
(agendized by Mayor Moore)
Recommendation: Discuss the item.

8.4 Transparency of City of Laguna Woods
(agendized by Mayor Moore)
Recommendation: Discuss and approve a policy.

8.5 California Assembly Bill 1594 (Ting) (2021-2022)
(agendized by Mayor Moore)
Recommendation: Discuss California Assembly Bill 1594 (Ting) (2021-2022) (Firearms: civil suits.), which Governor Newsom signed into law on July 12, 2022.

IX. CITY COUNCIL REPORTS AND COMMENTS
About City Council Reports and Comments: This is the time and place for members of the City Council to provide reports on meetings attended including, but not limited to, meetings of regional boards and entities to which they have been appointed to represent the City and meetings attended at the expense of the City pursuant to California Government Code Section 53232.3. Members of the City Council may also make other comments and announcements.

9.1 Coastal Greenbelt Authority
Mayor Pro Tem Conners; Alternate: Councilmember Tao

9.2 Orange County Fire Authority
Councilmember Hatch

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9.3 Orange County Library Advisory Board
Mayor Moore; Alternate: Councilmember Tao

9.4 Orange County Mosquito and Vector Control District
Councilmember Horne

9.5 San Joaquin Hills Transportation Corridor Agency
Mayor Pro Tem Conners; Alternate: Mayor Moore

9.6 South Orange County Watershed Management Area
Mayor Moore; Alternate: Councilmember Hatch

9.7 Other Comments and Reports
X. CLOSED SESSION
Prior to convening in closed session, the City Council will hear public comments on items appearing on the closed session agenda.

10.1 The City Council will meet in closed session under the authority of California Government Code Section 54957(b)(1) to consider the following: Public Employee Performance Evaluation – City Manager.

XI. CLOSED SESSION REPORT
XII. ADJOURNMENT
Next Regular Meeting: Wednesday, August 17, 2022 at 2 p.m.

Laguna Woods City Hall
24264 El Toro Road, Laguna Woods, California 92637

4.1 WILDFIRE AWARENESS AND PREVENTION
SEASON – MID-SUMMER TO EARLY AUTUMN
2022
ITEM 4.1
Proclamation
City of Laguna Woods
Wildfire Awareness and Prevention Season
Mid-Summer – Early Autumn 2022
WHEREAS, in the last five years, California has experienced eight of the most destructive wildfires and five of the deadliest wildfires in the state’s history. In 2020, wildfires burned more than 4,304,000 acres, destroyed over 11,000 structures, and tragically claimed 33 lives; and WHEREAS, climate change has created a new wildfire reality in California. Persistent drought, warmer temperatures, and more severe winds have created conditions that will lead to more frequent and catastrophic fires. To meet this challenge, California must adopt an “all-of-theabove” approach to protecting public safety and maintaining the health of our forests; and WHEREAS, 11 million people – approximately a quarter of the state’s population – live in high fire risk areas, including the wildland-urban interface. Public education and up-to-date regional emergency planning will be key to making our communities more resilient to the impacts of wildfire and other extreme weather events. Residents can learn about the Orange County Fire Authority’s “Ready, Set, Go!” Program to prepare for wildfire season and help prevent loss of life and property at www.OCFA.org/RSG; and
WHEREAS, we must also recognize that a robust wildfire response by firefighters alone cannot protect us, and every citizen has a key role in preventing destructive wildfires from occurring.

NOW, THEREFORE, BE IT RESOLVED that the Laguna Woods City Council does hereby proclaim the height of wildfire season (mid-summer to early autumn) 2022 as “Wildfire Awareness and Prevention Season” in the City of Laguna Woods and encourages residents and businesses to do their part to raise public awareness, take steps to protect our homes and businesses, and take steps to prevent sparking a wildfire. One less spark means one less wildfire.

Dated this 20th day of July, 2022
______________________________ _______________________________ Carol Moore Attest: Yolie Trippy, CMC
Mayor City Clerk
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4.2 CITY HALL/PUBLIC LIBRARY PROJECT UPDATE
(NO REPORT)

6.0 CONSENT CALENDAR SUMMARY
ITEM 6.0
CC  07-20-2022 RM Consent Calendar Summary – AR Page 1 of 3 City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: July 20, 2022 Regular Meeting
SUBJECT: Consent Calendar Summary
Recommendation
Approve all proposed actions on the July 20, 2022 Consent Calendar by single motion and City Council action.

Background
All items listed on the Consent Calendar are considered routine and will be enacted by one vote. There will be no separate discussion of these items unless a member of the City Council, staff, or the public requests that specific items be removed from the Consent Calendar for separate discussion and consideration of action.

Summary
The July 20, 2022 Consent Calendar contains the following items:

6.1 Reserved

6.2 Approval of a motion to receive and file the City Treasurer’s Report for the month of June 2022.

6.3 Approval of the warrant register dated July 20, 2022 in the amount of $1,004,017.19. A list of warrants is included in the agenda packet; detailed information about individual warrants is available at or from City Hall.

ITEM 6.0
Consent Calendar Summary – AR Page 2 of 3 CC  07-20-2022 RM

6.4 Adoption of a resolution allowing for the continued use of teleconferencing for meetings during the COVID-19 State of Emergency, pursuant to California Assembly Bill 361 (2021-2022). The proposed resolution includes the findings required by California Government Code Section 54953(e)(3) for meetings to continue to be held via teleconferencing.

6.5 Approval of a resolution amending and restating the ICMA Retirement Corporation (doing business as MissionSquare Retirement) Governmental Money Purchase Plan, and authorizing the execution of a plan adoption agreement, as well as other related documents. In 2003, the City established a Governmental Money Purchase Plan to provide benefits for the then-City Manager. The Internal Revenue Service (“IRS”) is now requiring that the City amend and restate the terms of the plan to incorporate various regulatory changes no later than July 31, 2022. The proposed resolution includes the actions necessary to maintain IRS compliance and continues to restrict additional employees from participating in the plan. The plan is not a part of the City’s current compensation and benefits structure, but is maintained due to the former City Manager’s account balance.

6.6 Approval of an extension of the agreement with Monarch Environmental Services for arborist and tree risk assessment services and authorization for the City Manager to execute the extension, subject to approval as to form by the City Attorney. The proposed extension is for a two-month period from August 1, 2022 through September 30, 2022 with no increase in rates or other changes to terms and conditions. Staff is currently evaluating proposals received in response to a recent Request for Proposals (“RFP”) for arborist and tree risk assessment services, and anticipates making a recommendation to the City Council in the coming months.

6.7 Approval of Amendment No. 1 to Cooperative Agreement No. C-1-3936 with the Orange County Transportation Authority for the Senior Mobility Program and authorization for the City Manager to execute the amendment, subject to approval as to form by the City Attorney. The proposed amendment (Attachment A) would make a clarifying change to the Senior Mobility Program Agency Service Plan (Exhibit A within Attachment B) related to social/recreational destinations. The proposed amendment would not affect the current operation of the Senior Mobility Program.

6.8 [1] Waiver of the provisions set forth in Laguna Woods Municipal Code ITEM 6.0
CC  07-20-2022 RM Consent Calendar Summary – AR Page 3 of 3 Section 3.06.080(c) related to competitive bidding. The City’s procurement regulations generally require competitive bidding when the estimated cost of services is $25,000 or more over the term of the agreement, but allow for the waiver of those provisions at the discretion of the City Council. Fuscoe Engineering is uniquely positioned to provide engineering services for the El Toro Road and Moulton Parkway Water Quality Treatment Project, having prepared the technical memorandum assessing options for National Pollutant Discharge Elimination System compliance upon which the project is based (Exhibit D to the proposed agreement). That technical memorandum was previously submitted to the City Council as part of the June 15, 2022 agenda packet. Due to Fuscoe Engineering’s qualifications, prior experience related to the project, and past performance, staff recommends waiving competitive bidding requirements for the proposed agreement.

AND
[2] Approval of an agreement with Fuscoe Engineering for El Toro Road and Moulton Parkway Water Quality Treatment Project engineering services and authorization for the City Manager to execute the agreement, subject to approval as to form by the City Attorney. The El Toro Road and Moulton Parkway Water Quality Treatment Project is included in the Fiscal Years 2021-32 Capital Improvement Program.

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6.1 RESERVED
(NO REPORT)

6.2 CITY TREASURER’S REPORT

6.3 WARRANT REGISTER

6.4 TELECONFERENCING FOR MEETINGS
ITEM 6.4
R 22-XX 1 XX-XX-2022
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

WOODS, CALIFORNIA, ALLOWING FOR THE CONTINUED USE OF
TELECONFERENCING FOR MEETINGS DURING THE COVID-19

STATE OF EMERGENCY, PURSUANT TO CALIFORNIA ASSEMBLY
BILL 361 (2021-2022)
WHEREAS, on February 26, 2020, the County of Orange Health Officer declared a Local Health Emergency and the Chairwoman of the Board of Supervisors, acting as the Chair of Emergency Management Council, proclaimed a Local Emergency finding that the imminent and proximate threat to public health from the introduction of COVID-19 created conditions of extreme peril to the safety of persons and property within the territorial limits of Orange County; and WHEREAS, on March 2, 2020, the Orange County Board of Supervisors adopted resolutions No. 20-011 and 20-012 ratifying the Local Health Emergency and Local Emergency, referenced above; and
WHEREAS, on March 4, 2020, the Governor of the State of California proclaimed a State of Emergency in response to COVID-19, pursuant to Section 8625 of the California Emergency Services Act (Article 1 [commencing with Section 8550] of Chapter 7 of Division 1 of Title 2); and WHEREAS, on March 11, 2020 the World Health Organization publicly characterized COVID-19 as a pandemic; and
WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency due to the spread and the effects of COVID-19; and WHEREAS, the State of California (California Department of Industrial Relation’s Division of Occupational Safety and Health’s Revised COVID-19 Prevention Emergency Temporary Standards effective January 14, 2022) and County of Orange Health Officer (Orders and Strong Recommendations revised June 15, 2022) continue to impose or recommend measures to promote social distancing; and
WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive Order N-29-20 that, in an effort to confront and contain COVID19, suspended certain provisions of the Ralph M. Brown Act providing local ITEM 6.4
R 22-XX 2 XX-XX-2022
agencies with greater flexibility to hold meetings via teleconferencing; and WHEREAS, on September 16, 2021, the Governor of the State of California signed Assembly Bill 361 (2020-2022) (“AB 361”) amending the Ralph M. Brown Act providing local agencies with greater flexibility to hold meetings via teleconferencing during a proclaimed state of emergency when: (1) state or local officials have imposed or recommended measures to promote social distancing and/or (2) the legislative body of the local agency has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees (California Government Code Section 54953(e)(1)); and
WHEREAS, AB 361 was chaptered into law as an urgency statute with its effectiveness waived until October 1, 2021, subject to the Governor of the State of California’s Executive Order N-15-21 dated September 20, 2021; and WHEREAS, in order to continue holding meetings via teleconferencing, AB 361 requires the legislative body of a local agency to periodically make the findings set forth in California Government Code Section 54953(e)(3).

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

WOODS, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The above recitals are true and correct.

SECTION 2. The City Council does hereby find the following:
(A) A state of emergency has been proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 [commencing with Section 8550] of Chapter 7 of Division 1 of Title 2); and
(B) The City Council has reconsidered the circumstances of the state of emergency; and
(C) The state of emergency continues to directly impact the ability of the members of the City Council to meet safely in person; and (D) State and local officials continue to impose or recommend measures to promote social distancing.

ITEM 6.4
R 22-XX 3 XX-XX-2022
SECTION 3. The Mayor shall sign this resolution and the City Clerk shall attest and certify to the passage and adoption thereof.

PASSED, APPROVED AND ADOPTED on this XX day of XX 2022. _______________________________
CAROL MOORE, Mayor
ATTEST:
________________________________
YOLIE TRIPPY, CMC, City Clerk

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF LAGUNA WOODS )
I, YOLIE TRIPPY, City Clerk of the City of Laguna Woods, do HEREBY CERTIFY that the foregoing Resolution No. 22-XX was duly adopted by the City Council of the City of Laguna Woods at a regular meeting thereof, held on the XX day of XX 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
_________________________________
YOLIE TRIPPY, CMC, City Clerk
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6.5 RETIREMENT GOVERNMENTAL MONEY

PURCHASE PLAN
ITEM 6.5
R 22-XX 1 XX-XX-2022
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA

WOODS, CALIFORNIA, AMENDING AND RESTATING THE ICMA

RETIREMENT CORPORATION (DOING BUSINESS AS

MISSIONSQUARE RETIREMENT) GOVERNMENTAL MONEY

PURCHASE PLAN, AND AUTHORIZING THE EXECUTION OF A

PLAN ADOPTION AGREEMENT, AS WELL AS OTHER RELATED

DOCUMENTS
WHEREAS, in 2003, the City established a governmental money purchase plan and trust with the ICMA Retirement Corporation to provide benefits for a single class of employee (“Governmental Money Purchase Plan”); and WHEREAS, the ICMA Retirement Corporation is now doing business as MissionSquare Retirement; and
WHEREAS, the former City Manager is the sole participant and maintains an account balance in the Governmental Money Purchase Plan; and WHEREAS, the City is required by the Internal Revenue Service to amend and restate the terms of the Governmental Money Purchase Plan to incorporate various regulatory changes no later than July 31, 2022.

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

WOODS, CALIFORNIA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The City Council hereby elects to amend and restate the Governmental Money Purchase Plan as per the adoption agreement attached hereto as Exhibit A and authorizes the Mayor or City Manager to execute the adoption agreement, subject to approval as to form by the City Attorney.

SECTION 2. The City Council hereby directs the Administrative Services Director/City Treasurer to file a true and correct original or certified copy of the amended and restated Governmental Money Purchase Plan with the ICMA Retirement Corporation (doing business as MissionSquare Retirement) and further authorizes the City Manager and Administrative Services Director/City Treasurer to take any additional actions necessary to follow the processes and procedures established by the ICMA Retirement Corporation (doing business as MissionSquare ITEM 6.5
R 22-XX 2 XX-XX-2022
Retirement) to maintain the qualified status of the Governmental Money Purchase Plan, including executing other related documents and certifications as may be necessary or advantageous.

SECTION 3. The Mayor shall sign this resolution and the City Clerk shall attest and certify to the passage and adoption thereof.

PASSED, APPROVED AND ADOPTED on this XX day of XX 2022. _______________________________
CAROL MOORE, Mayor
ATTEST:
________________________________
YOLIE TRIPPY, CMC, City Clerk

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
_________________________________
YOLIE TRIPPY, CMC, City Clerk

6.6 ARBORIST AND TREE RISK ASSESSMENT

SERVICES
ITEM 6.6
CLW-Monarch Environmental Services – Extension 7/20/2022

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EXTENSION OF THE

AGREEMENT FOR CONSULTANT SERVICES

BETWEEN THE

CITY OF LAGUNA WOODS
AND

MONARCH ENVIRONMENTAL SERVICES

FOR ARBORIST AND TREE RISK ASSESSMENT SERVICES
This EXTENSION of the AGREEMENT FOR CONSULTANT SERVICES ("AGREEMENT") that was approved by the City Council on December 16, 2020, by and among the City of Laguna Woods, a California municipal corporation ("CITY") and Monarch Environmental Services ("CONSULTANT"), is made and entered into this _______________ by and among the CITY and CONSULTANT.

WHEREAS, the initial term of the AGREEMENT was for the period between December 16, 2020 and 11:59 p.m. on June 30, 2022; and
WHEREAS, the AGREEMENT allows for the term of the AGREEMENT to be extended upon written agreement of both parties to the AGREEMENT; and WHEREAS, the AGREEMENT was previously extended through 11:59 p.m. on July 31, 2022.

NOW THEREFORE, the parties amend the AGREEMENT as follows:

1. CITY and CONSULTANT hereby agree to an EXTENSION of the AGREEMENT for a period beginning on August 1, 2022 and ending at 11:59 p.m. on September 30, 2022 with no changes to the terms and conditions of the AGREEMENT except as specified herein.

IN WITNESS WHEREOF, the parties hereto have caused this EXTENSION to be executed the day and year first above written.

CITY OF LAGUNA WOODS:

By
Christopher Macon, City Manager
CONSULTANT:

By
Matt Davenport, President
APPROVED AS TO FORM:

Alisha Patterson, City Attorney
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6.7 SENIOR MOBILITY PROGRAM

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AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-1-3936

BETWEEN

ORANGE COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF LAGUNA WOODS
FOR

SENIOR MOBILITY PROGRAM
THIS AMENDMENT NO. 1 is made and entered into this ______ day of _________, 2022 , by and between the Orange County Transportation Authority (hereinafter referred to as "AUTHORITY"), and City of Laguna Woods (hereinafter referred to as "CITY").

WITNESSETH:

WHEREAS, by Cooperative Agreement No. C-1-3936 dated December 14, 2021, AUTHORITY and CITY entered into the Senior Mobility Program (SMP) concerning senior transportation services; and WHEREAS, AUTHORITY and CITY agree to revise Exhibit A, Senior Mobility Program Agency Service Plan to include additional eligible trips.

NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that Cooperative Agreement No. C-1-3936 is hereby amended in the following particulars only:

Amend Exhibit A, Senior Mobility Program Agency Service Plan, Sporting / Fitness, Government Office / Service, Charity-Social Group Event, Aquarium / Zoo, and Amusement P to / .
/
/
/
/
/
ITEM 6.7 - Attachment A
AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-1-3936

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The balance of said Agreement remains unchanged.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Cooperative Agreement No. C-1-3936 to be executed as of the date of the last signature below.

CITY OF LAGUNA WOODS ORANGE COUNTY TRANSPORTATION AUTHORITY By: By:

Christopher Macon Georgia Martinez
City Manager Department Manager, Contracts and Procurement APPROVED AS TO FORM:

By:

James M. Donich
General Counsel
ITEM 6.7 - Attachment A

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COOPERATIVE AGREEMENT NO. C-1-3936

BETWEEN

ORANGE COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF LAGUNA WOODS
FOR

SENIOR MOBILITY PROGRAM
THIS COOPERATIVE AGREEMENT ( ), is effective this _______ day of _________________, 2021 , by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863-1584, a public corporation and the City of Laguna Woods,
24264 El Toro Road, Laguna Woods, California 92637 CITY ARTY collectively known as ARTIES .

RECITALS:

WHEREAS, CITY is desirous of obtaining transportation services for seniors of CITY; and WHEREAS, AUTHORITY and CITY agree to enter into the Senior Mobility Program (SMP) concerning senior transportation services; and
WHEREAS, this Agreement defines the roles and responsibilities of AUTHORITY and CITY in executing an SMP for senior transportation; and
WHEREAS, AUTHORITY and CITY agree to comply with all relevant elements of Orange County Local Transportation Authority Ordinance No. 3; and
WHEREAS, AUTHORITY and CITY agree to comply with all elements of the SMP Project U Funding and Policy Guidelines (SMP Guidelines); and

WHEREAS
May 24, 2021;
/
ITEM 6.7 - Attachment B

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NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows:

ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of this Agreement between AUTHORITY and CITY and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or condition(s) of this Agreement. The above referenced Recitals are true and correct and are incorporated by reference herein.

B. AUTHORITY failure to insist on any instance(s) upon CITY right to such performance or to future performance of such term(s) or condition(s), and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.

C. CITY
condition(s) of this Agreement shall not be construed as a waiver or relinquishment of CITY to such performance or to future performance of such term(s) or condition respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon CITY except when specifically confirmed in writing by an authorized representative of CITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.

ARTICLE 2. RESPONSIBILITIES OF AUTHORITY
A. AUTHORITY agrees to provide funds per the SMP Guidelines:

1. Services provided under the SMP are available to individuals sixty (60) years of age and older.

COOPERATIVE AGREEMENT NO. C-1-3936
ITEM 6.7 - Attachment B

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2. Funds for the program are identified as one percent (1%) of Renewed Measure M (M2), also called OC GO, net sales tax revenue (Net Revenue) and will be allocated to all local of the
entire County.

3. Senior population will be determined by using the most current official decennial Census information provided by the U.S. Census Bureau.

4. All active participants will receive their portion of funding on a bi-monthly basis.

B. AUTHORITY agrees that Net Revenues allocated shall be expended within three (3) years of receipt. AUTHORITY may grant an extension to the three (3)-year limit, but extensions shall not be granted beyond a total of five (5) years from the date of the initial funding allocation.

C. In the event the time limits for use of Net Revenues are not satisfied, then any retained Net Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be returned to AUTHORITY and these Net Revenues and interest earned thereon shall be available for allocation to any project within the same source program at the discretion of AUTHORITY.

D. AUTHORITY may provide
paratransit vehicle, at no cost to CITY and no further responsibility to AUTHORITY after vehicle donation.

CITY may purchase additional vehicle(s) in excess of their vehicle allocation at a cost of Five Thousand Dollars ($5,000) per vehicle, subject to vehicle availability.

ARTICLE 3. RESPONSIBILITIES OF CITY
A. CITY must satisfy all M2 eligibility criteria, as specified in the Orange County Local Transportation Authority Ordinance No. 3, Attachment B, Section III, in order to receive their formula allocation for the SMP.

B. CITY agrees that all funds received from AUTHORITY as specified in Article 2A above will be used exclusively for providing accessible senior transportation services as specified in Exhibit A, Senior Mobility Program Agency
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C. CITY agrees to comply with all elements of the SMP Guidelines as specified in Exhibit A, Attachment 1.

D. CITY agrees that Net Revenues allocated shall be expended within three (3) years of receipt. AUTHORITY may grant an extension to the three (3)-year limit, but extensions shall not be granted beyond a total of five (5) years from the date of the initial funding allocation.

E. In the event the time limits for use of Net Revenues are not satisfied, any retained Net Revenues that were allocated to CITY and interest earned thereon shall be returned to AUTHORITY and these Net Revenues and interest earned thereon shall be available for allocation to any project within the same source program at the discretion of AUTHORITY.

F. CITY agrees to match twenty percent (20%) of the total annual program expenditures.

Local match may be made up of cash subsidies, fare revenues, or in-kind contributions.

G. CITY may contract with a third-party service provider to provide senior transportation services provided that:

1. Contractor is selected using a competitive procurement process; and

2. Wheelchair accessible vehicles are available and used when requested.

H. CITY shall procure and maintain insurance coverage during the entire term of this Agreement. Proof of coverage may include commercial insurance, permissible self-insurance or coverage as provided through a joints powers pool, subject to AUTHORITY review and acceptance.

CITY shall provide the following insurance coverage:

1. Commercial General Liability, to include Products/Completed Operations, Independent Contractors , Contractual Liability, and Personal Injury Liability with a minimum limit of $1,000,000 per occurrence and $2,000,000 general aggregate;

2. Automobile Liability Insurance to include owned, hired and non-owned autos with a combined single limit of $1,000,000 each accident;

3. Workers Compensation with limits as required by the State of California including a waiver of subrogation in favor of AUTHORITY, its officers, directors, employees or agents; and COOPERATIVE AGREEMENT NO. C-1-3936
ITEM 6.7 - Attachment B

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COOPERATIVE AGREEMENT NO. C-1-3936
Exhibit A.
and thereupon require CITY to continue to provide services, and otherwise perform, in accordance with additional five (5) years, commencing July 1, 2026, and continuing through June 30, 2031 (Option Term), B. AUTHORITY, at its sole discretion, may elect to extend the term of this Agreement up to an through June 30, 2026 (Initial Term), unless earlier terminated or extended as provided in this Agreement.

A. This Agreement shall commence July 1, 2021 and shall continue in full force and effect ARTICLE 4. TERM OF AGREEMENT
taking possession of the vehicle.
and registration from AUTHORITY to CITY within thirty (30) calendar days from vehicle. CITY also agrees to provide documentation to AUTHORITY confirming transfer of vehicle title to transfer vehicle title and registration within fourteen (14) calendar days from taking possession of the K. In the event CITY obtains a retired AUTHORITY vehicle for SMP services, CITY agrees Number C-1-3936; and, the Associate Contract Administrator s Name, Luis Martinez.

J. CITY shall include on the face of the Certificate of Insurance the Cooperative Agreement liability policies.
project stakeholders as (an) additional insured(s) on the commercial general liability, auto, and excess required as provided in this Agreement. Subcontractors will be required to include AUTHORITY and other include in each subcontract the stipulation that subcontractor shall maintain coverage in the amounts and non-contributive to any insurance or self-insurance maintained by AUTHORITY. CITY shall also designated as additional insured on the general and automobile liability. Such insurance shall be primary from the effective date of this Agreement with AUTHORITY, its officers, directors, employees and agents any work. Proof of insurance coverage must be received by AUTHORITY within ten (10) calendar days and a broker-issued insurance certificate, must be received by AUTHORITY prior to commencement of I. Proof of such coverage, in the form of an insurance company issued policy endorsement limit-disease, and $1,000,000 policy limit employee-disease.

4. Employers Liability with minimum limits of $1,000,000 per accident, $1,000,000 policy ITEM 6.7 - Attachment B

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CITY
all be the period extending from
commencement through June 30, 2031, which period encompasses the Initial Term and Option Term.

ARTICLE 5. NOTICES
All notices pertaining to this Agreement and any communications from the PARTIES may be made by delivery of said notices in person or by depositing said notices in the U.S. Mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

To CITY: To AUTHORITY:

City of Laguna Woods Orange County Transportation Authority 24264 El Toro Road
Laguna Woods, CA 92637
550 South Main Street
P. O. Box 14184
Orange, CA 92863-1584
Attention: Christopher Macon
City Manager
Tel: (949) 639-0525
Email:[email protected]
Attention: Luis Martinez
Associate Contract Administrator
Tel: (714) 560-5767
E-mail: [email protected]
ARTICLE 6. FEDERAL, STATE AND LOCAL LAWS
AUTHORITY and CITY agree that in performance of their obligations under this Agreement, they shall comply with all applicable federal, California state and local laws, statutes and ordinances and all lawful orders, rules and regulations promulgated thereunder.

ARTICLE 7. ORDER OF PRECEDENCE
Conflicting provisions hereof, if any, shall prevail in the following descending order of precedence:
(1) the provisions of this Agreement, including all exhibits; (2) all other documents, if any, cited herein or incorporated by reference.
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ARTICLE 8. AUDIT AND INSPECTION OF RECORDS
CITY shall provide AUTHORITY, or other agents of AUTHORITY, such access to CITY's accounting books, program records, payroll documents and facilities as AUTHORITY deems necessary.

CITY shall maintain such books, records, data and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during CITY's performance hereunder and for a period of five (5) years from the date of final payment by CITY. AUTHORITY s right to audit books and records directly related to this Agreement shall also extend to all first-tier subcontractors. CITY shall permit any of the foregoing parties to reproduce documents by any means whatsoever or to copy excerpts and transcriptions as reasonably necessary.

ARTICLE 9. TERMINATION
AUTHORITY or CITY may, for its own convenience, terminate this Agreement at any time in whole or in part by giving the other PARTY written notice thereof of not less than thirty (30) days in advance of the specified date of termination.

ARTICLE 10. INDEMNIFICATION
A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, employees and agents from and against any and all claims (including attorney s fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, damage to or loss of use of property caused by the negligent acts, omissions, or willful misconduct by CITY, its officers, directors, employees, agents, subcontractors or suppliers in connection with or arising out of the performance of this Agreement .

B. CITY shall maintain adequate levels of Insurance, or self-insurance to assure full indemnification of AUTHORITY.

C. As a funding source, AUTHORITY shall not be liable for any claims or losses arising from CITY as a result of using the fund.
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ARTICLE 11. ALCOHOL AND DRUG POLICY
A. CITY agrees to establish and implement an alcohol and drug program that complies with 41 U.S.C. sections 701-707, (the Drug Free Workplace Act of 1988), which is attached to this Agreement as Exhibit B. CITY agrees to produce any documentation necessary to establish its compliance with sections 701-707.

B. Failure to comply with this Article may result in nonpayment or termination of this Agreement.

ARTICLE 12. FORCE MAJEURE
Either PARTY shall be excused from performing its obligations under this Agreement during the time and extent that it is prevented from performing by a cause beyond its control, including, but not limited to: any incidence of fire, flood; acts of God; commandeering of material products, plants or facilities by the federal state or local government; national fuel shortage; or a material act of omission by the other PARTY; when satisfactory evidence of such cause is presented to the other PARTY, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the PARTY not performing.
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COOPERATIVE AGREEMENT NO. C-1-3936
ITEM 6.7 - Attachment B
ITEM 6.7 - Attachment B
COOPERATIVE AGREEMENT NO. C-1-3936

EXHIBIT A
ITEM 6.7 - Attachment B
COOPERATIVE AGREEMENT NO. C-1-3936

EXHIBIT A
ITEM 6.7 - Attachment B
ITEM 6.7 - Attachment B
COOPERATIVE AGREEMENT NO. C-1-3936

EXHIBIT A
ATTACHMENT 1
ITEM 6.7 - Attachment B
COOPERATIVE AGREEMENT NO. C-1-3936

EXHIBIT A
ATTACHMENT 2
ITEM 6.7 - Attachment B
COOPERATIVE AGREEMENT NO. C-1-3936

EXHIBIT A
ATTACHMENT 3
ITEM 6.7 - Attachment B
COOPERATIVE AGREEMENT NO. C-1-3936

EXHIBIT A
ATTACHMENT 3
ITEM 6.7 - Attachment B

EXHIBIT B
COOPERATIVE AGREEMENT NO. C-1-3936
ITEM 6.7 - Attachment B

EXHIBIT B
COOPERATIVE AGREEMENT NO. C-1-3936
ITEM 6.7 - Attachment B
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6.8 EL TORO ROAD AND MOULTON PARKWAY

WATER QUALITY TREATMENT PROJECT

ENGINEERING SERVICES
ITEM 6.8

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AGREEMENT FOR CONSULTANT SERVICES

BETWEEN THE

CITY OF LAGUNA WOODS
AND

FUSCOE ENGINEERING

FOR EL TORO ROAD AND MOULTON PARKWAY WATER QUALITY

TREATMENT PROJECT ENGINEERING SERVICES
This AGREEMENT FOR CONSULTANT SERVICES ("AGREEMENT"), is made and entered into this ____________________ ("EFFECTIVE DATE"), by and among the City of Laguna Woods, a California municipal corporation ("CITY"), and Fuscoe Engineering ("CONSULTANT").

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of SECTION 17 "TERMINATION OF AGREEMENT" of this AGREEMENT, the term of this AGREEMENT shall be for a period beginning on ____________________ and ending at 11:59 p.m. on December 31, 2023. Such term may be extended upon written agreement of both parties to this AGREEMENT.

SECTION 2. SCOPE OF SERVICES.

CONSULTANT shall perform the services set forth in EXHIBIT "A" "SCOPE OF SERVICES" and made a part of this AGREEMENT. All work to be performed by CONSULTANT shall be coordinated with, and approved by City Manager of CITY or his or her designee. CONSULTANT shall not begin work on any individual task or assignment until authorized by the City Manager of CITY or his or her designee to proceed.

SECTION 3. ADDITIONAL SERVICES.

CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to or outside of those set forth in this AGREEMENT or listed in EXHIBIT "A" "SCOPE OF SERVICES", unless such additional services are authorized in advance and in writing by the City Council or the City Manager of CITY or his or her designee. CONSULTANT shall be compensated for any such additional services only in the amounts and in the manner agreed to by the City Council or City Manager of CITY or his or her designee.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this AGREEMENT, CITY agrees to pay CONSULTANT the amounts specified in EXHIBIT "B" "COMPENSATION" and made a part ITEM 6.8

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of this AGREEMENT. CONSULTANT shall perform work only as requested by CITY. This AGREEMENT does not state, convey, imply, or infer a specific, minimum or expected amount of work or compensation for as needed services or reimbursables. Compensation for services shall not exceed the amounts specified in EXHIBIT "B" "COMPENSATION". (b) No later than the 15th of each month CONSULTANT shall furnish to CITY an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the categories required by CITY, which are subject to change at the discretion of CITY. CITY shall independently review each invoice submitted by the CONSULTANT to determine whether the work performed and expenses incurred are in compliance with the provisions of this AGREEMENT. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event that any charges or expenses are disputed by CITY, the original invoice shall be returned by CITY to CONSULTANT for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by CONSULTANT which are disputed by CITY, CITY will use its best efforts to cause CONSULTANT to be paid within thirty (30) days of receipt of CONSULTANT's invoice. (d) Payment to CONSULTANT for work performed pursuant to this AGREEMENT shall not be deemed to waive any defects in work performed by CONSULTANT, nor to constitute any waiver of any type of relief or remedy, legal or equitable, arising out of any breach or nonperformance of any aspect of the AGREEMENT by CONSULTANT.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

CITY may inspect and accept or reject any of CONSULTANT's work under this AGREEMENT, either during performance or when completed. CITY shall reject or finally accept CONSULTANT's work in its discretion within sixty (60) days after submitted to CITY.

Any rejection of work by CITY shall be by written explanation. Acceptance of any of CONSULTANT's work by CITY shall not constitute a waiver of any of the provisions of this AGREEMENT including, but not limited to, SECTIONS 13 and 14 of this AGREEMENT, pertaining to indemnification and insurance, respectively.

SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents prepared, developed or discovered by CONSULTANT in the course of providing any services pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused or otherwise disposed of by CITY without the permission of the CONSULTANT. Upon completion, expiration or termination of this AGREEMENT, CONSULTANT shall turn over to CITY all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents, notwithstanding any billing or compensation disputes that may then exist between CITY and CONSULTANT.

ITEM 6.8

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SECTION 7. CONSULTANT'S BOOKS AND RECORDS.
(a) CONSULTANT shall maintain any and all documents and records demonstrating or relating to CONSULTANT's and any of CONSULTANT's subcontractors' performance of services pursuant to this AGREEMENT. CONSULTANT shall maintain any and all drafts of studies or planning documents, correspondence, notices, ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to CITY pursuant to this AGREEMENT. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by CONSULTANT pursuant to this AGREEMENT. Any and all such documents or records shall be maintained for five (5) years from the end of the term of this AGREEMENT and to the extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit, and copying, at any time during regular business hours, upon written request by CITY, Federal government, State of California, or their designated representatives. Copies of such documents or records shall be provided directly to the requesting party for inspection, audit, and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at CONSULTANT's address indicated for receipt of notices in this AGREEMENT. (c) Where CITY has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of CONSULTANT's business, CITY may, by written request, require that custody of such documents or records be given to the requesting party and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to CITY, as well as to its successors-in-interest and authorized representatives. (d) CONSULTANT shall prepare and submit to CITY reports concerning the performance of the work in this AGREEMENT as CITY shall require.

SECTION 8. STATUS OF CONSULTANT.
(a) CONSULTANT is and shall at all times remain a wholly independent contractor and not an officer, official, employee or agent of CITY. CONSULTANT shall have no authority to bind CITY in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of or against CITY, whether by contract or otherwise, unless such authority is expressly conferred under this AGREEMENT or is otherwise expressly conferred in writing by CITY. (b) The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control.

Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall have control over the conduct of CONSULTANT or any of CONSULTANT's ITEM 6.8

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officers, officials, employees or agents, except as set forth in this AGREEMENT.

CONSULTANT shall not at any time or in any manner represent that CONSULTANT or any of CONSULTANT's officers, officials, employees or agents is in any manner officials, officers, employees or agents of CITY.
(c) CONSULTANT shall: (i) recruit, screen, interview, and assign its employees (the "ASSIGNED EMPLOYEES") to perform the work described in EXHIBIT "A" for CITY at the location(s) specified in EXHIBIT "A"; (ii) pay ASSIGNED EMPLOYEES wages and provide other benefits required by law, including sick and family medical leave, and any other benefits as CONSULTANT deems appropriate; (iii) pay, withhold, and transmit payroll taxes, provide unemployment insurance and workers' compensation in an amount no less than required by law, and handle workers' compensation and unemployment claims involving ASSIGNED EMPLOYEES; (iv) ensure ASSIGNED EMPLOYEES are legally authorized to work in the United States; and, (v) have sole responsibility for providing and will provide necessary health coverage to ASSIGNED EMPLOYEES under the Affordable Care Act’s ("ACA") employer mandate and its implementing regulations. CONSULTANT represents and warrants that it will comply with all laws, including the ACA, in doing so.
(d) CONSULTANT shall not use any independent contractors to perform the services described in EXHIBIT "A" on CONSULTANT’s behalf unless approved in writing by CITY in advance.
(e) CONSULTANT represents that: (i) it is solely responsible for all required training of ASSIGNED EMPLOYEES under federal, state, and local laws, including those regarding antiharassment, anti-retaliation, anti-discrimination, workplace safety training, and any other applicable laws; (ii) it has, and during the term of this AGREEMENT shall maintain, antiharassment, anti-retaliation, and anti-discrimination policies, and appropriate complaint procedures in place; (iii) it is solely responsible for the supervision of ASSIGNED EMPLOYEES; (iv) it is solely responsible for all pre-employment screening and testing of ASSIGNED EMPLOYEES, as may be required or allowed by law, including Form I-9 verification, criminal background checks, industry-specific checks, other background checks, and related recordkeeping; and, (v) it is solely responsible for performance managing, disciplining, and terminating its ASSIGNED EMPLOYEES.
(f) Neither CONSULTANT, nor any of CONSULTANT's officers, officials, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to CITY'S employees. CONSULTANT expressly waives any claim CONSULTANT may have to any such rights.
(g) This AGREEMENT shall in no way prohibit the CITY from entering into other agreements or contracts, hiring staff or making other such arrangements with other persons and/or entities relative to the services set forth in EXHIBIT "A" "SCOPE OF SERVICES".

SECTION 9. STANDARD OF PERFORMANCE.

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CONSULTANT represents and warrants that it has the qualifications, experience, personnel, and facilities necessary to properly perform the services required under this AGREEMENT in a thorough, competent, and professional manner. CONSULTANT shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this AGREEMENT, CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of CONSULTANT under this AGREEMENT.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
(a) CONSULTANT shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this AGREEMENT, including but not limited to regulations and rules pertaining to any grant awards or third-party funding with which this AGREEMENT is funded in whole or in part.

CONSULTANT shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this AGREEMENT. CITY shall not be responsible for monitoring CONSULTANT’s compliance with federal, state, and local laws, statutes, codes, ordinances, or regulations. Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.
(b) CONSULTANT shall not be debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs, or from receiving Federal contracts, subcontracts, or financial or nonfinancial assistance or benefits, under Executive Order 12549, “Debarment and Suspension” (24 CFR 85.35) or other Federal laws, statutes, codes, ordinances, regulations or rules, at any time during the term of this AGREEMENT. (c) CONSULTANT shall not discriminate, in any way, against any person on the basis of race, religion, creed, color, national origin, ancestry, physical or mental disability, medical condition, pregnancy, childbirth or related medical conditions, veteran status, sexual orientation, gender identity or expression, genetic information, marital status, military or veteran status, sex, age over 40 years, or any other basis protected by applicable federal, state, or local law, including association with individuals with one or more of these protected characteristics or perception that an individual has one or more of these protected characteristics in connection with or related to the performance of this AGREEMENT.
(d) CONSULTANT affirms and agrees that for purposes of all statutory and regulatory requirements for employee leaves of absence, including the Family and Medical Leave Act and any similar state or local law, CONSULTANT shall comply with any such requirements and CITY shall cooperate with CONSULTANT’s compliance.
(e) CONSULTANT has sole responsibility for providing, and will provide, the necessary health coverage to ASSIGNED EMPLOYEES under the ACA employer mandate and ITEM 6.8

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its implementing regulations. CONSULTANT represents and warrants that it will comply with all laws, including the ACA, in doing so.
(f) Upon reasonable written notice to CONSULTANT, CITY may inspect CONSULTANT’s records to verify CONSULTANT’s compliance with this AGREEMENT.

SECTION 11. CONFLICTS OF INTEREST.
(a) 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, official, employee, agent, or subcontractor without the express written consent of the City Manager of CITY or his or her designee. 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.
(b) CITY understands and acknowledges that CONSULTANT is, as of the date of execution of this AGREEMENT, independently involved in the performance of non-related services for other governmental agencies and private parties. CONSULTANT is unaware of any stated position of CITY relative to such projects. Any future position of CITY on such projects shall not be considered a conflict of interest for purposes of this section.

SECTION 12. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by CONSULTANT in performance of this AGREEMENT shall be considered confidential, unless such information is in the public domain or already known to CONSULTANT. CONSULTANT shall not release or disclose any such information or work product to persons or entities other than CITY without prior written authorization from the City Manager of CITY or his or her designee, except as may be required by law.
(b) CONSULTANT, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager of CITY or his or her designee or unless requested by the City Attorney of CITY, voluntarily provide 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 gives CITY notice of such court order or subpoena.
(c) 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 attorneys' fees, caused by or incurred as a result of ITEM 6.8

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CONSULTANT's conduct.
(d) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, officials, 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 regarding this AGREEMENT or the work performed thereunder. CITY retains the right, but has no obligation, to represent CONSULTANT or be present at any deposition, hearing, or similar proceeding.

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.

SECTION 13. INDEMNIFICATION.
(a) CITY and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "INDEMNITEES") shall have no liability to CONSULTANT or any other person for, and CONSULTANT shall indemnify, defend and hold harmless INDEMNITEES from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "CLAIMS"), which INDEMNITEES may suffer or incur or to which INDEMNITEES may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of the CONSULTANT's performance of or failure to perform any services under this AGREEMENT or by the negligent or willful acts or omissions of CONSULTANT, its agents, officers, directors, subcontractors or employees, committed in performing any of the services under this AGREEMENT, including without limitation CONSULTANT's breach of any representation, warranty or obligations of CONSULTANT set for in this AGREEMENT, including but not limited to those set forth in SECTIONS 8, 9 and 10. (b) If any action or proceeding is brought against INDEMNITEES by reason of any of the matters against which CONSULTANT has agreed to indemnify INDEMNITEES as provided above, CONSULTANT, upon notice from CITY, shall reimburse INDEMNITEES cost of defense at CONSULTANT's expense. CONSULTANT shall have no obligation to pay for any of INDEMNITEES’ defense-related cost prior to a final determination of liability or to pay any amount that exceeds CONSULTANT’s finally determined percentage of liability based upon the comparative fault of CONSULTANT (as required by California Civil Code Section 2782.8).

The insurance required to be maintained by CONSULTANT under Section 16 shall insure CONSULTANT's obligations under this section, but the limits of such insurance shall not limit the liability of CONSULTANT hereunder. The provisions of this section shall survive the expiration or earlier termination of this AGREEMENT.
(c) The provisions of this section do not apply to CLAIMS occurring as a result of the CITY's sole negligence or willful acts or omissions.

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SECTION 14. INSURANCE.

CONSULTANT agrees to obtain and maintain in full force and effect during the term of this AGREEMENT the insurance policies set forth in EXHIBIT "C" "INSURANCE" and made a part of this AGREEMENT. All insurance policies shall be subject to approval by CITY as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager of CITY or his or her designee. CONSULTANT agrees to provide CITY with copies of required policies upon request.

SECTION 15. ASSIGNMENT.

The expertise and experience of CONSULTANT are material considerations for this AGREEMENT. CITY has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon CONSULTANT under this AGREEMENT. In recognition of that interest, CONSULTANT shall not assign or transfer this Agreement or any portion of this AGREEMENT or the performance of any of CONSULTANT's duties or obligations under this AGREEMENT without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity, including summary termination of this AGREEMENT. CITY acknowledges, however, that CONSULTANT, in the performance of its duties pursuant to this AGREEMENT, may utilize subcontractors. CONSULTANT shall be solely liable and responsible for the actions, conduct, and performance of subcontractors, including but not limited to ensuring their compliance with SECTION 10 "COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES" of this AGREEMENT.

SECTION 16. CONTINUITY OF ASSIGNED EMPLOYEES.

CONSULTANT shall make every reasonable effort to maintain the stability and continuity of CONSULTANT's ASSIGNED EMPLOYEES. CONSULTANT shall obtain approval, in writing, from CITY of any changes in CONSULTANT's ASSIGNED EMPLOYEES, prior to any such performance.

SECTION 17. TERMINATION OF AGREEMENT.
(a) CITY may terminate this AGREEMENT, with or without cause, at any time by giving thirty (30) days written notice of termination to CONSULTANT. In the event such notice is given, CITY may require CONSULTANT to cease immediately all work in progress. (b) CONSULTANT may terminate this AGREEMENT at any time upon sixty (60) days written notice of termination to CITY. In the event such notice is given, CITY may require CONSULTANT to cease immediately all work in progress.
(c) If CONSULTANT fails to perform any material obligation under this AGREEMENT, then, in addition to any other remedies, CITY may terminate this AGREEMENT immediately upon written notice.

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(d) Upon termination of this AGREEMENT by either CONSULTANT or CITY, all property belonging exclusively to CITY which is in CONSULTANT's possession shall be returned to CITY immediately upon demand by CITY, notwithstanding any billing disputes that may then exist under this AGREEMENT. CONSULTANT shall furnish to CITY a final invoice for work performed and expenses incurred by CONSULTANT, prepared as set forth in SECTION 4 "COMPENSATION AND METHOD OF PAYMENT" of this AGREEMENT.

This final invoice shall be reviewed and paid in the same manner as set forth in SECTION 4 of this AGREEMENT.

SECTION 18. DEFAULT.

In the event that CONSULTANT is in default under the terms of this AGREEMENT, the CITY shall not have any obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and may terminate this AGREEMENT immediately by written notice to the CONSULTANT.

SECTION 19. EXCUSABLE DELAYS.

CONSULTANT shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of CONSULTANT. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state, or local governments, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this AGREEMENT shall be equitably adjusted for any delays due to such causes.

SECTION 20. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to CITY as public records, and which are necessary for carrying out the work as outlined in the EXHIBIT "A" "SCOPE OF SERVICES", shall be furnished to CONSULTANT in a reasonable way to facilitate, without undue delay, the work to be performed under this AGREEMENT.

SECTION 21. NOTICES.

All notices required or permitted to be given under this AGREEMENT shall be in writing and shall be personally delivered, or sent by telecopy or certified mail, postage prepaid and return receipt requested, addressed as follows:

To CITY: City of Laguna Woods
Attn: City Manager
24264 El Toro Road
Laguna Woods, CA 92637
To CONSULTANT: Fuscoe Engineering
ATTN: President
16795 Von Karman, Suite 100
Irvine, CA 92606
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Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 22. AUTHORITY TO EXECUTE.

The person or persons executing this AGREEMENT on behalf of CONSULTANT represents and warrants that he/she/they has/have the authority to so execute this AGREEMENT and to bind CONSULTANT to the performance of its obligations hereunder.

SECTION 23. BINDING EFFECT.

This AGREEMENT shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

SECTION 24. MODIFICATION OF AGREEMENT.

No amendment to or modification of this AGREEMENT shall be valid unless made in writing and approved by the CONSULTANT and by the City Council or City Manager of CITY.

The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 25. 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, nor 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.

SECTION 26. LAW TO GOVERN; VENUE.

This AGREEMENT shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Orange. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the District of California in which CITY is located.

SECTION 27. ATTORNEYS FEES, COSTS, AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this AGREEMENT, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorneys' fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 28. ENTIRE AGREEMENT.

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This AGREEMENT, including the attached EXHIBITS "A" through "D", is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between CONSULTANT and CITY prior to the execution of this AGREEMENT.

No statements, representations or other agreements, whether oral or written, made by any party which is not embodied herein shall be valid and binding. No amendment to this AGREEMENT shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.

SECTION 29. SEVERABILITY.

If a term, condition, or covenant of this AGREEMENT is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this AGREEMENT shall not be affected thereby and the AGREEMENT shall be read and construed without the invalid, void, or unenforceable provision(s).

SECTION 30. NO THIRD-PARTY BENEFICIARIES.

This AGREEMENT, its provisions, and its covenants, are for the sole and exclusive benefit of CITY and CONSULTANT. No other parties or entities are intended to be, nor shall be considered, beneficiaries of the performance by either party of any of the obligations under this AGREEMENT.

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.

CITY OF LAGUNA WOODS:

Christopher Macon, City Manager
CONSULTANT:

Ian Adam, Principal
Approved as to Form:

Alisha Patterson, City Attorney
ITEM 6.8
EXHIBIT "A"

SCOPE OF SERVICES
CONSULTANT shall perform and complete engineering services for the project specified below by providing all labor, tools, equipment, materials, and supplies necessary to complete work in a professional, thorough, and timely manner, in accordance with standards and specifications as contained in this AGREEMENT.

Project: El Toro Road and Moulton Parkway Water Quality Treatment Project The El Toro Road and Moulton Parkway Water Quality Treatment Project (“Project”) includes the construction of the Moulton Parkway Vegetated Swale and Woods End Wilderness Preserve Modular Wetland System described in the memorandum included as EXHIBIT "D." Task 1. Research and Site Evaluation
CONSULTANT shall perform all research and site evaluation, including site walks, necessary to the services outlined in this Project’s tasks 2 through 12.

Task 2. 30% Construction Documents
CONSULTANT shall prepare 30% construction documents for CITY review. 30% construction documents shall include grading design for the bioswale and improvement design for the modular wetland system. This task includes coordination with suppliers.

Task 3. 100% Construction Documents
CONSULTANT shall prepare 100% construction documents for CITY review and plan check.

This task includes design, calculations, quantities, and response to plan check comments.

Task 4. Hydrology Memorandum
CONSULTANT shall prepare a hydrology memorandum documenting existing and proposed drainage patterns and systems, including a hydrology map, hydraulic calculations, and a written narrative of the Project, its impacts, and how they are mitigated.

Task 5. Water Quality Management Plan (“WQMP”) Amendment CONSULTANT shall prepare a WQMP amendment in conformance with CITY and applicable National Pollutant Discharge Elimination System (“NPDES”) regulations. The WQMP Amendment shall be formatted to summarize changes from the original WQMP and update applicable sections of the original WQMP with information of the new treatment Best Management Practices (“BMPs”) included in this Project.

Task 6. Technical Specifications
CONSULTANT shall prepare technical specification documents necessary for design, bidding, and construction of the Project. Task assumes CITY shall provide “boilerplate” front end specifications and CONSULTANT shall provide technical specifications for construction items.

CONSULTANT shall also prepare a Project cost estimate and bid schedule for bidding purposes.

Exhibit A – Page 1 of 2
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Task 7. Project Coordination
CONSULTANT shall provide coordination and participate in meetings with CITY and CITY’s contract engineering and landscape architecture firms, as necessary.

Task 8. Construction Phase Project Coordination
During construction of the Project, CONSULTANT shall provide coordination consisting of field consultations, contractor submittal reviews, substantial conformance reviews, site visits, and bond exoneration assistance.

Task 9. BMP Inspections During and After Construction
CONSULTANT shall provide BMP inspections during construction of the Project to ensure that low impact development BMPs are constructed per plan and as specified in the WQMP amendment. CONSULTANT shall identify missing, damaged, or deficient elements of BMPs and ensure they are corrected. Should there be unforeseen conflicts identified in the field during construction, CONSULTANT shall provide technical support to ensure solutions/revisions meet BMP design and sizing criteria for the Project. This task includes two inspections for each low impact development BMP – one to inspect underground elements and one to inspect above ground elements and finished condition, as well as one post-construction BMP inspection of each low impact development BMPs to ensure that they are performing as designed, after six months of operation or first rain event, whichever is sooner.

Task 10. Record Drawings
At the completion of the construction of the Project, CONSULTANT shall modify the 100% construction documents that it prepared in Task 3 to incorporate field modifications as noted from information provided by the contractor, the final walk of the site, and field modifications that CONSULTANT has been made aware of during construction.

CITY shall provide CONSULTANT with a topographic survey of both improvement areas plotted with a contour interval of one foot (1’) and including all existing improvements and surface culture.

CITY shall provide CONSULTANT with a title report for both improvement areas, including map exhibits identifying relevant easements and dedications.

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EXHIBIT "B"

COMPENSATION
El Toro Road and Moulton Parkway Water Quality Treatment Project CONSULTANT shall be compensated using the rates set forth in Table B-1.

Table B-1: Compensation Schedule
Task 1. Research and Site Evaluation $2,500 Fixed Fee
Task 2. 30% Construction Documents $8,000 Fixed Fee
Task 3. 100% Construction Documents $15,000 Fixed Fee
Task 4. Hydrology Memorandum $4,500 Fixed Fee
Task 5. Water Quality Management Plan (“WMP”) Amendment $8,000 Fixed Fee Task 6. Technical Specifications $6,500 Fixed Fee
Task 7. Project Coordination Not to Exceed $7,0001
Task 8. Construction Phase Project Coordination Not to Exceed $5,0001 Task 9. BMP Inspections During and After Construction $4,500 Fixed Fee Task 10. Record Drawings $3,000 Fixed Fee
Reimbursable Expenses Not to Exceed $4,0002
TOTAL Not to Exceed $68,000 1 Meetings & Coordination shall be charged at the following rates: Principal / Sr. Project Manager $240 per hour; Project Manager $210 per hour; Sr. Designer / Project Engineer / Sr. Water Resource Engineer $185 per hour; Designer / Engineer / Project Scientist / GIS Analyst $165 per hour; CADD / Engineering / Environmental Tech. / Graphics Tech. $135 per hour; Information Coordinator $95 per hour; 1-person Survey Crew $206 per hour; 2- person Survey Crew $299 per hour; and, 3-person Survey Crew $412 per hour. 2 Reproduction and other reimbursable expenses (such as overnight deliveries, mileage, permits, and licenses, etc.) and CITY-approved subcontractor services will be billed in addition to the above rates, with a 10% handling surcharge.

Exhibit B – Page 1 of 1
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EXHIBIT "C"

INSURANCE
A. Insurance Requirements. CONSULTANT shall provide and maintain insurance, acceptable to the City Manager of CITY or his or her designee or City Attorney, in full force and effect throughout the term of this AGREEMENT, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by CONSULTANT, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. CONSULTANT shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 03/10) covering Automobile Liability. The auto liability policy must cover all non-owned autos, scheduled autos, and hired autos subject to the written approval of CITY. (3) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the CONSULTANT and all risks to such persons under this AGREEMENT.
(4) Errors and omissions liability insurance appropriate to the CONSULTANT's profession.
(5) Employment practices liability insurance.

2. Minimum Limits of Insurance. CONSULTANT shall maintain limits of insurance no less than:
(1) General Liability: $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate for bodily injury, personal injury, and property damage.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
(3) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.

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(4) Errors and Omissions Liability: $1,000,000 per individual claim. (5) Employment Practices Liability: $500,000 per occurrence and $1,000,000 general aggregate.

B. Other Provisions. Insurance policies required by this AGREEMENT shall contain the following provisions:

1. All Policies. Each insurance policy required by this AGREEMENT shall be endorsed and state that the coverage shall not be suspended, voided, cancelled by the insurer or either party to this AGREEMENT, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City Manager of CITY or his or her designee.

2. General Liability and Automobile Liability Coverages. (1) CITY, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities CONSULTANT performs; products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT; or automobiles owned, leased, hired or borrowed by CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, and their respective elected and appointed officers, officials, or employees.
(2) CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by CITY, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, CONSULTANT's insurance.
(3) 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.
(4) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to CITY, and its respective elected and appointed officers, officials, employees or volunteers.

3. Workers' Compensation and Employer's Liability Coverage. Unless the City Manager of CITY or his or her designee otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against CITY, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by CONSULTANT.

C. Other Requirements. CONSULTANT agrees to deposit with CITY, at or before the effective date of this contract, certificates of insurance necessary to satisfy CITY that the Exhibit C – Page 2 of 3
ITEM 6.8
insurance provisions of this contract have been complied with. The City Attorney may require that CONSULTANT furnish CITY with copies of original endorsements effecting coverage required by this section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. CITY reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. CONSULTANT shall furnish certificates and endorsements from each subcontractor identical to those CONSULTANT provides.

2. Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY or its respective elected or appointed officers, officials, employees and volunteers or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions and requirements of this AGREEMENT.

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EXHIBIT "D"

TECHNICAL MEMORANDUM FROM FUSCOE ENGINEERING
DATED MARCH 30, 2022
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8.1 MOBILITY TECHNOLOGY PLAN
ITEM 8.1
CC  07-20-2022 RM ITEM 8.1 – AR Page 1 of 2
City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: July 20, 2022 Regular Meeting
SUBJECT: Mobility Technology Plan
Recommendation

1. Receive and file a presentation from the Southern California Association of Government (SCAG) and IBI Group, Inc. regarding the Mobility Technology Plan being prepared for the City as part of SCAG’s 2020-2021 Sustainable Communities Program – Smart Cities & Mobility Innovations.

AND

2. Provide input to SCAG, IBI Group, Inc., and the City Manager regarding the preparation of the Mobility Technology Plan.

Introduction
In April 2021, the City submitted a proposal to the Southern California Association of Governments (“SCAG”) seeking to develop a Mobility Technology Plan as part of SCAG’s 2020 Sustainable Communities Program. SCAG received a total of 21 proposals and selected the City’s proposal and seven others for funding.

This project is currently underway and funded entirely by SCAG. Representatives from SCAG and IBI Group, Inc. (the consultant selected to prepare the Mobility Technology Plan) will provide information on the project at today’s meeting.

This project is a planning exercise only. It does not commit the City to implement any particular type of technology either now or in the future. Staff’s expectation is ITEM 8.1
ITEM 8.1 – AR Page 2 of 2 CC  07-20-2022 RM
that the Mobility Technology Plan will provide information that the City Council may refer to when making future decisions regarding transit and transportation infrastructure, including the emerging field of connected and automated vehicles.

Attachments: A – Project Overview
B – Profile of Firm: IBI Group, Inc.

ITEM 8.1 – Attachment A

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SCOPE OF WORK

LAGUNA WOODS MOBILITY TECHNOLOGY PLAN

PROJECT OVERVIEW
Under the project leadership of the Southern California Association of Governments (“SCAG”) as part of its Sustainable Communities Program, The City of Laguna Woods (“City”) seeksto create a Mobility Technology Plan to define strategies with actionable steps to establish new mobility service capabilities through technology implementation. The overall goal of this project is to harness innovative technology to support lifelong mobility for senior and disabled populations, including removing barriers to access and maintaining the dignity and independence of all persons. The prospective future implementation of autonomous vehicle technology is a focus. It is envisioned that the Mobility Technology Plan will serve as a resource for both the City and other jurisdictions with similar mobility planning interests. The Plan will be developed and written by a Consultant to be procured by SCAG with advisement from the City of Laguna Woods.

The Mobility Technology Plan and its implementation would enable, expedite, and make more equitable a city where seniors and people with mobility challenges could forego single-occupancy vehicle or taxi trips in favor of using shared, autonomous, and/or zero-emissions vehicles. Such trips would reduce vehicle miles traveled and greenhouse gas emissions, contribute to regional and statewide air quality goals, and increase the freedom, mobility and dignity of seniors and people with mobility challenges, who make up most of the residents of Laguna Woods. While some people may choose to utilize these technologies on their own, having a unified vision and Plan for implementation of these sustainable technologies will enable the city to have a community-led collective effort in adopting these new options.

The Mobility Technology Plan would consist of the following eight components, each of which is discussed in greater detail in this scope of work:

1. Project Management

2. Public Outreach and Engagement

3. Literature Review;

4. Data Sharing;

5. Mobility Service Program Concept of Operations;

6. Communications Infrastructure Program;

7. Transportation Infrastructure Requirements; and

8. Implementation Plan.

EXISTING CONDITIONS AND OPPORTUNITIES
Demographics
With the vast majority of its 17,644 residents being over 65 years of age (2020 Census), Laguna Woods has unique mobility needs that reflect a large and growing subset of the SCAG region’s population.

Seniors are distributed throughout the region with 60% of Census Tracts containing more than 10% of residents over 65 years (Connect SoCal). The number of seniors over 65 years in environmental justice areas, communities of concern, and disadvantaged communities is expected to more than double in each set of communities (Connect SoCal). Seniors are often retired and on fixed incomes, which can increase cost-sensitivity for mobility options.

ITEM 8.1 – Attachment A

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Autonomous vehicles directly address the primary barrier to senior and accessible personal mobility by eliminating the need for an operator. For many seniors and disabled persons, the loss of a driver’s license is an end to personal mobility. New mobility options designed with those populations in mind may allow individuals to live more independently and with better connections to meet their needs.

According to the Public Health Alliance of Southern California’s California Healthy Places Index (“HPI”), Laguna Woods has “healthier transportation conditions than just 9.4%” of cities and a “higher percentage of households with access to an automobile than just 5.8%” of cities. Two of the nine Census Tracts encompassing Laguna Woods rank below the 50th Healthy Places Index percentile.

Application of Mobility Technology
The City’s present application of mobility technology is limited. Opportunities to apply technology include automated vehicle support, as well as enhancements to the City’s golf cart/low-speed vehicle network and subsidized mobility services.

The City’s golf cart/low-speed vehicle network includes paths and crossings that provide connectivity within Laguna Woods and to nearby destinations such as a senior center operated by Age Well Senior Services. Additional information, including a network map, is available at the following link:
www.cityoflagunawoods.org/living-here.

The City’s Senior Mobility Program subsidizes the cost of taxi travel for Laguna Woods residents who are at least 60 years of age. The Senior Mobility Program promotes lifelong mobility by providing affordable, older adult-oriented transportation services. Core elements of the Senior Mobility Program include general travel vouchers, non-emergency medical transportation, and Irvine Transportation Station travel vouchers. Taxi travel is currently provided by California Yellow Cab.

The City’s transportation system and services could potentially be enhanced through technology and micro-mobility strategies of compete trip applications, user interface and human factors for senior and disabled needs, real-time notification, and demand-responsive/shared automated vehicles.

PROJECT COMPONENTS
The Mobility Technology Plan will include the following eight components:

TASK 1: PROJECT MANAGEMENT
The Consultant shall provide support throughout the Project to ensure that the total scope of work is executed in an efficient and time-responsive manner. In addition, communication shall be provided between all parties, including the SCAG project manager (PM) and the City PM, to ensure that the final work product meets the needs listed within the Project scope and intent. This task sets the foundation of the project, including establishing the roles of all parties and individuals and determine the resources necessary for the depth of data analysis required for this project. With the assistance of the SCAG PM, the City and the Consultant will facilitate various meetings and phone calls to finalize the program.

ITEM 8.1 – Attachment A

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Task 1.1: Kick-Off Meeting
Kick-Off Meeting – Consultant shall facilitate a minimum one (1) hour meeting attended by key staff from the City, SCAG, and Consultant (including subconsultants, as may be proposed) to discuss the project and framework for evaluating the project. Discussion will include identifying and reaffirming the City’s expectations for project deliverables from Consultant and confirming expected timelines. Consultantshall prepare an agenda and summary notes for the kick-off meeting and shall come to the meeting with a list of information it requires of the City to proceed with its work.

Project and Budget Management – CONSULTANT’s Project Manager shall be responsible for coordinating CONSULTANT’s activities, meetings, and project strategy, as well as overseeing work from project launch to completion. CONSULTANT’s Project Manager shall implement a comprehensive control system that provides early identification of any problem areas and initiates any necessary corrective action. Project management controls shall include, but are not limited to, the following:
- Prepare monthly progress reports with invoices that document the project status information to the project team and stakeholders;
- Communicate information to the City and SCAG on a weekly or biweekly basis (at the discretion of the City and SCAG), which will be accomplished via the following methods:
o Cloud-based document sharing services, such as Google Drive, DropBox, or similar service approved by the City and SCAG, for draft report distribution, review, and comment; o Biweekly or monthly online meetings conducted via Microsoft Teams, or similar platform as approved by the City and SCAG, enabling participation and input by stakeholders; - Establish clear and continuous lines of communication between Consultant, the City, and SCAG, ensuring that expectations are mutually defined and achieved.

Written Deliverables – All written deliverables shall be developed with a draft document reviewed by the City and SCAG, an administrative draft distributed for review as requested by the City and SCAG, and a final version prepared thereafter. Consultant’s schedule shall include sufficient time for such reviews and revisions.

Deliverables:
• Kick-off meeting, including agenda and summary notes
• Confirmed project schedule
• List of requested information from City
Task 1.2: Project and Budget Management
Consultant PM shall be responsible for coordinating the consultant team’s activities, coordinating meetings, project strategy, and overseeing work from project inception to completion. The consultant shall establish a comprehensive control system that provides early identification of any problem areas and initiates any necessary corrective action. Project management controls shall include but not be limited to the following:
• Prepare monthly progress reports with invoices that document the project status information to the project team and stakeholders as per SCAG terms and conditions; ITEM 8.1 – Attachment A

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• Communicate information to the client and stakeholders on a biweekly basis, which will be accomplished via the following methods:
o Utilization of available cloud-based document sharing services, such as Teams/SharePoint or similar service approved by the SCAG and City PMs, for draft report distribution, review, and comment by stakeholders
o Bi-weekly or monthly online meetings conducted via Microsoft Teams, or similar platform as approved by the SCAG and City PMs, ensuring broad stakeholder attendance and comment
• Establish clear and continuous lines of communication between Consultant, City PM, and SCAG PM, ensuring that expectations are mutually defined and achieved.

Deliverables:
• Revised project scope and schedule, as needed
• Monthly status reports to SCAG and City PMs
• Monthly invoicing with timecards/receipts, description of daily work and percent complete reporting to SCAG, as per SCAG terms and conditions
• Biweekly communication with City’s PM or as decided with meeting notes TASK 2: PUBLIC OUTREACH AND ENGAGEMENT
Task 2.1: Outreach Program for Advocacy Groups
To help ensure that mobility infrastructure and technology systems are focused on senior and disabled population needs, the CONSULTANT shall assemble and meet with a panel of nonprofit and government service providers that work specifically with aging populations and persons affected by physical and cognitive impairments. This advocacy group shall be asked to provide information pertaining to mobility challenges and needs including, but not limited to, areas of visual interaction to assist in the development of best practices for connected and automated vehicles (CAVs) for visually impaired users and resources anticipated to be necessary to help users successfully navigate software to secure CAV rideshares or operate personal CAVs. Findings from the advocacy group shall be channeled back into the Mobility Technology Plan to create specific best practices for vulnerable populations.

The City has confirmed that Age Well Senior Services, Braille Institute, the Dayle McIntosh Center, and the Orange County Transportation Authority will be involved in the advocacy group. The City and CONSULTANT shall collaborate on outreach to those entities and others identified by the City, as well as to the adjacent City of Laguna Hills. CONSULTANT should assume that the advocacy group will consist of five to 10 entities, each of which shall be met with at least twice as described in the following paragraph.

Due to the impacts of COVID-19, the City expects that all meetings with the advocacy group will occur either one-on-one, in small socially distanced groups, or online/via telephone with the assistance of video conferencing technology. At all times, CONSULTANT shall implement all COVID-19 precautions and best practices recommended by the Centers for Disease Control.

Deliverables:
• Minimum of two advocacy group meetings
ITEM 8.1 – Attachment A

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Task 2.2: Outreach Program for Residents
CONSULTANT shall develop and implement an outreach program for residents of both Laguna Woods and the four adjacent environmental justice area located in Laguna Hills. A focus of such outreach shall be to encourage the participation of senior, low income, transit-dependent, and disabled residents. Residents shall be asked to provide information pertaining to mobility challenges and needs. Findings from resident engagement shall be channeled back into the Mobility Technology Plan to create specific best practices for vulnerable populations. CONSULTANT shall gather information from a minimum of three residents each (for a total of 12 residents) self-identifying as:
- Senior, low income
- Senior, transit dependent
- Senior, disabled
- Non-senior, disabled
While some residents may self-identify as more than one of the above, a minimum of 12 unique residents must be engaged – at least three self-identifying as each one of the above.

Due to the impacts of COVID-19, the City expects that all interactions with residents will occur either oneon-one, in small socially distanced groups, or online/via telephone with the assistance of video conferencing technology. While CONSULTANT is able to, but not required to, additionally utilize a written or web-based survey to gather information from residents, the requirement for CONSULTANT to gather information from a minimum of 12 unique residents shall be accomplished through live communication as described in the preceding sentence. At all times, CONSULTANT shall implement all COVID-19 precautions and best practices recommended by the Centers for Disease Control.

Deliverables:
• Minimum of 12 residents engaged
TASK 3: LITERATURE REVIEW
CONSULTANT shall prepare a literature review, focused on a mobility technology outlook as it relates to seniors and people with disabilities; the mobility needs of seniors and people with disabilities more generally; how other localities throughout the country have dealt with mobility technology concerns for seniors and people with disabilities; and, academic or other proposals for solutions to the aforementioned concerns.

Deliverables:
• Literature review
TASK 4: DATA SHARING
Development of an intra-/inter-agency and external data sharing environment. Interoperability between transportation systems helps support corridor operations across jurisdictional boundaries to enhance traffic management and transportation analysis. Interoperability is primarily achieved through ITEM 8.1 – Attachment A

Page 6 of 8 ends

collaboration and data sharing amongst agencies. Data sharing with private transportation providers also helps make solutions more accurate and useful.

CONSULTANT shall prepare a report that does the following:

1. Identify user groups/needs

2. Identify funding sources

3. Develop data sharing system concept of operations

4. Develop data sharing system agreement between public-private parties

5. Identify data sharing system logical/physical architecture Deliverables:

4.1. Data sharing report
TASK 5: MOBILITY SERVICE PROGRAM CONCEPT OF OPERATIONS
New private business models are disrupting traditional transportation practices, transit services, and operations on local street networks. The convergence of such business models with new technologies, including automated vehicles, will likely continue to disrupt mobility choices. Those disruptions may impact how cities design streets, utilize curb space/right-of-way, and configure other urban elements.

CONSULTANT shall prepare the following four documents:

1. Develop mobility playbook, which is intended to be structured as a “living document” that can be updated as mobility issues are identified in the future. The mobility playbook should address both current and anticipated community needs.

2. Develop CAV system policy to establish City policy for accommodating the infrastructure needs to support the deployment of CAV technology.

3. Develop Mobility-as-a-Service (“MaaS”) strategy to address how the City could utilize various services to address the mobility needs of residents and visitors (e.g., transportation network companies, on-demand services, and micromobility). The MaaS strategy could be based on trip planner applications that account for the user’s specific mobility needs in paratransit and other demand responsive service or non-emergency driverless transportation by shared vehicle.

4. Develop Streets-as-a-Service strategy to provide a framework to manage streets and street infrastructure under different management options.

Deliverables:

5.1. Mobility playbook

5.2. CAV system policy

5.3. MaaS strategy

5.4. Streets-as-a-service strategy
ITEM 8.1 – Attachment A

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TASK 6: COMMUNICATIONS INFRASTRUCTURE PROGRAM
Communications infrastructure investments continue to be necessary to “future proof” transportation networks. The City seeks to plan for real-time, low latency, highly reliable network communications with field devices, including field detection and traffic signals, to support the evolving CAV ecosystem. A focus will be on communicating traffic information to data platforms to optimize CAV routing, spatial locating, and safety measures.

CONSULTANT shall develop the following two plans:

1. Develop communication plan to identify infrastructure, component, integration, and protocol needs. The City expects this document to be forward-looking and integrate near-term and longterm industry trends and technologies. The communications plan shall also delineate ownership, operations, and maintenance responsibilities of any physical elements identified therein.

2. Develop cyber security plan to formulate strategies for hardening data storage, encryption, data privacy, and network/system security (including remote access when applicable) for hardware and software components identified in the communication plan.

Deliverables:

6.1 Communication plan

6.2 Cyber security plan
TASK 7: TRANSPORTATION INFRASTRUCTURE REQUIREMENTS
The City anticipates needing to continue to invest in more traditional transportation infrastructure as a component of “future proofing.” No matter the nature of new technologies or mobility service models, interface with public infrastructure and associated infrastructure elements will likely be required.

CONSULTANT shall prepare the following three documents:

1. Prepare CAV strategy to identify infrastructure elements for potential deployments of CAV communication and integration. The strategy shall also include (a) an inventory of infrastructure to allow for dynamic transportation management and CAV routing, (b) consideration of crosscoordination strategies to collaborate and guide interactions with other jurisdictions and transportation providers, and (c) consideration of future construction zone and street closure delineation needs.

2. Prepare advanced signal operations strategy to describe future needs in the operations of signal operations. Identified strategies are to be complimentary and supportive in defining future infrastructure requirements, assessing resource needs, and outlining benefits and general timeframes of implementation.

3. Prepare performance monitoring strategy to identify metrics to benchmark implementation, operation and assessment of transportation technology.

Deliverables:

7.1 CAV strategy

7.2 Advanced signal operations strategy

7.3 Performance monitoring strategy
ITEM 8.1 – Attachment A

Page 8 of 8 ends

TASK 8: MOBILITY TECHNOLOGY AND IMPLEMENTATION PLANS
Consultant shall use the findings from previous deliverables to develop and write a Mobility Technology Plan and an accompanying Implementation Plan. This shall include a record of coordination with the advocacy group, residents, and other partners in narrative format, including dates, persons involved, and nature of consultation.

The Mobility Technology Plan shall define strategies with actionable steps to establish new mobility service capabilities through technology implementation. The goal of the plan is to harness innovative technology to support lifelong mobility for senior and disabled populations, including removing barriers to access and maintaining the dignity and independence of all persons. The prospective future implementation of autonomous vehicle technology is a focus. It is envisioned that the Mobility Technology Plan will serve as a resource for both the City and other jurisdictions with similar mobility planning interests. A key differentiator of the Smart Cities/Smart Mobility movement is its embrace of new procurement and partnership models. The Plan shall also include strategies for the City to remain apprised of best practices and changes in other jurisdictions, as well as funding opportunities, related to implementation of the Mobility Technology Plan. Consideration shall be given to the viability of publicprivate partnerships.

Lastly, Consultant shall produce a plan for ongoing actions and public-private partnerships to implement the Mobility Technology Plan. To the extent that regulatory barriers or impediments to CAV used by senior or disabled populations were identified in the course of this project, include potential strategies for resolution.

Deliverables:

8.1.Mobility Technology Plan, including record of coordination with partners

8.2.Recommended strategies for implementation (including strategies for resolution, if applicable)
IBI GROUP | THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) / RFP NO. 21-048-MRFP 01, LAGUNA WOODS

MOBILITY TECHNOLOGY PLAN
JANUARY 24, 2022
2 PROFILE OF FIRM
IBI Group is a multi-disciplinary consulting organization, offering services since 1974. We are a leading international, multidisciplinary provider of a broad range of professional services focused on the physical development of cities. Our expertise spans urban design and planning, building and landscape architecture, engineering, advanced transportation management and traffic systems, active transportation planning,
communications specializations, and software development. We have organized these services into three streams – Intelligence, Buildings and Infrastructure – to ensure a holistic approach to creating innovative, responsive, and intelligent solutions for our clients in both the public and private sectors. The collaborative nature of our practice allows the firm to effectively address the complexities inherent in the development of sustainable environments.

Since our founding in 1974, IBI Group has grown both organically and through strategic acquisitions. Today we have 60 offices located around the world, employing more than 2,500
professionals and support staff. More than 300 of our staff architects, planners, designers, and engineers are LEED accredited. IBI Group’s approach to any project balances the three pillars of sustainability: the social, environmental, and economic spheres of influence. We strive to create projects that communities can be proud of and that benefit the community now and for generations to come.

Within California, IBI Group is well-known for its innovative transportation planning practice, which focuses on identifying active and sustainable transportation solutions for a variety of public sector clients and projects.

The firm’s transportation planning and technology capabilities and experience spans a variety of transportation modes, from transit to autos to walking and cycling, allowing our staff to identify and implement tailored solutions to meet the needs of the clients and communities we work for on a day-to-day basis.

Further, IBI Group’s Transit and Mobility Data Practice focuses on helping agencies and municipalities manage their data end-to-end, provide high-quality information to passengers, and both analyze and measure the quality of service provided to and experienced by customers.
60+ GLOBAL OFFICES
3,000 Difference-makers and counting

OUR MISSION
Defining the Cities of Tomorrow
We define how cities look, how cities feel, and
how cities work.

OUR VISION
We are the global partner to plan, design,
build, and sustain the cities of tomorrow.

We are holistically minded, design inspired,
and technology-driven.

OUR VALUES
Integrity We do what is right.

Partnerships We work together.

Excellence We pursue design excellence.

Innovation We embrace ingenuity.

Community We build community.

LEGAL
IBI Group, a California Partnership
Legal business name
Partnership
Firm organization
1974
Year organized
ITEM 8.1 - Attachment B
IBI GROUP | THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) / RFP NO. 21-048-MRFP 01, LAGUNA WOODS

MOBILITY TECHNOLOGY PLAN
JANUARY 24, 2022
The multi-disciplinary organization of IBI Group allows our firm to provide SCAG and the City of Laguna Woods with an experienced, knowledgeable, and creative team of in-house professionals. Our core practice is in transportation planning and technology, allowing us to offer a team of transportation planners and engineers who are keenly aware of the fast-evolving mobility landscape. Specifically, the IBI Group team offers consulting services in the following areas specific to advanced and/or alternative transit services:
• Connected Autonomous Vehicles (CAVs)
• Service planning
• Transit operations planning
• First/Last Mile – operational & strategic
solutions
• Mobility management/accessible
transportation
• Mobility-as-a-Service (MaaS) & Microtransit
• Bus rapid transit (BRT)
• Transit restructuring studies
• Comprehensive Operational Analysis (COA)
• Intelligent transportation systems
• Community-based transit/Dial-a-Ride
• Transit feasibility analyses
• Short-Range Transit Plans (SRTPs)
• Long-Range Transportation Plans
• Transit Master Plans
• Transit Oriented Development
• Transportation Demand Management
strategies
• Park and Ride analysis and planning
• Environmental Justice (EJ)/communitybased transit plans The IBI Group team brings the objectivity and impartiality necessary for successful outcomes in the preparation of a Mobility Technology Plan.

Representative Experience
The following project descriptions summarize representative experience relevant to the work described in the Scope of Work for this RFP.

RTA Paratransit Innovation Study (2019 – 2021)
Regional Transportation Authority (RTA) | Chicago, IL
Reference
Jessica Hector-Hsu,
Regional Transportation Authority
175 W. Jackson Blvd # 1650, Chicago,
IL 60604
312-913-3245
Key Staff
Santosh Mishra
Steve Wilks
ITEM 8.1 - Attachment B
IBI GROUP | THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) / RFP NO. 21-048-MRFP 01, LAGUNA WOODS

MOBILITY TECHNOLOGY PLAN
JANUARY 24, 2022
Project Description
IBI Group was selected to support RTA for this recently completed study having undertaken a comprehensive analysis of innovations to enhance paratransit service efficiencies, effectiveness, and the customer experience. The work plan included the identification of challenges to future sustainability, identification and analysis of potential innovations, literature review and state of practice, modeling and analysis of potential innovations, and the development of an action plan including the identification of potential pilot projects.

Next gen mobility options provide great opportunities for enhanced mobility for older adults and people with a disability. This work with RTA Chicago has informed us about such strategies as necessary to complement the preparation of a Mobility Technology Plan.

Shared Automated People Mover Project (2021 – Present)
City of Whittier | Whittier, CA
Project Description
IBI Group was retained to develop opportunities to provide greater mobility access for residents to existing and emerging commercial areas, educational and medical facilities, and employments sites is a priority for the city’s leadership. To meet the accessibility needs of the residents, the city is interested in exploring the potential for an electric automated people mover to operate throughout the Uptown Whittier area connecting the Groves in Whittier, Whittier Marketplace, Hellman Park, Uptown Whittier, Whittier College and PIH Health Hospital (site for potential future Metro light rail station).

In addition to opportunities to provide additional mobility options, a Whittier People Mover service may: reduce the use of single occupancy vehicles; reduce vehicle miles traveled (VMTs); reduce greenhouse gas (GHG) emissions; and address congestion and parking challenges.

Dayton Regional Transit Authority Mobility-as-a-Service Concept Development
Dayton Regional Transit Authority | Dayton, OH
Reference
Brandon Policicchio
Greater Dayton RTA
4 S Main St, Dayton, OH, 45402
937-425-8330
Key Staff
Santosh Mishra
Project Description
ITEM 8.1 - Attachment B
IBI GROUP | THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) / RFP NO. 21-048-MRFP 01, LAGUNA WOODS

MOBILITY TECHNOLOGY PLAN
JANUARY 24, 2022
On behalf of Dayton Regional Transit Authority (Dayton RTA), IBI Group developed Mobility-as-a-Service plans for the Greater Dayton region as part of the effort to upgrade its existing fare collection system.

For this project, IBI Group is evaluating the current fare collection system and developing concepts that can help the RTA design and deploy a MaaS platform that can enable multimodal trip booking, dispatching, payment and other relevant transit business functions for RTA’s regular service and microtransit network. IBI Group’s focus in this study is on a new-generation integrated payment system for Dayton RTA for a MaaS platform.

NEORide Regional Mobility Center (2020-Present)
NEORide | OH, MI, KY
Reference
Katherine Conrad
Director of Client Services
(330) 334-6877
[email protected]
Key Staff
Santosh Mishra
Project Description
IBI Group has been tasked with conducting a comprehensive review of existing technology and procedures for the paratransit services of five transit agencies in Ohio including SARTA (Stark County, OH), WRTA (Youngstown, OH), and Trumbull County Transit (Trumbull, OH) that are a part of NEORide. NEORide is an organization that supports statewide public transportation in Ohio, Michigan, and Kentucky and supports the coordination between them. The goal of the project is to identify the feasibility of creating a One-Call Center. This effort also includes identification of an implementation strategy for the group of agencies. IBI Group has also been selected to help NEORide implement the regional mobility center.

ITEM 8.1 - Attachment B
IBI GROUP | THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) / RFP NO. 21-048-MRFP 01, LAGUNA WOODS

MOBILITY TECHNOLOGY PLAN
JANUARY 24, 2022
USDOT Complete Trip – HIRTA Health Connector Project (2021-Present) Heart of Iowa Regional Transit Agency | Iowa
Reference
Ms. Brooke Ramsey
2840 104th Street, Urbandale, IA
50322
(515) 309-9282
[email protected]
Key Staff
Santosh Mishra
Project Description
Under the USDOT Complete Trip – ITS4US Project, IBI Group has been tasked by The Heart of Iowa Regional Transit Agency (HIRTA) to utilize innovative technologies and services to address the mobility needs of underserved populations.

The proposed solution will utilize emerging technologies to enable the customer to schedule and manage medical appointments and transportation services through a unified application. Further, the application will provide context sensitive wayfinding and customer information to enhance end-to-end experience. The proposed deployment will provide enhanced access to healthcare options for “all travelers” in Dallas County with a specific focus on underserved communities, including persons with disabilities, low income, rural, older adults, veterans, and persons with limited English proficiency.

The referenced underserved populations’ mobility needs vary based on the individual. For the proposed deployment, IBI Group and HIRTA plan to develop a scalable and replicable solution that enables inclusive and seamless access to transportation and healthcare for all underserved populations and caregivers. The project will provide a true origin-todestination wayfinding, transportation, and healthcare experience for all people. In addition to addressing mobility needs, the proposed deployment will recognize the net impact that access to health services have on patient health care outcomes as well as both the financial and health outcomes from the perspective of the health care community/Dallas County Health Department (DCHD).

Mid-City Bus Rapid Transit Signal Controller Updates and Transit Signal Priority
SANDAG | San Diego, California
Reference
Eric Adams
(619) 699-1900
[email protected]
Key Staff
Ian Kilgour
Project Description
ITEM 8.1 - Attachment B
IBI GROUP | THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) / RFP NO. 21-048-MRFP 01, LAGUNA WOODS

MOBILITY TECHNOLOGY PLAN
JANUARY 24, 2022
IBI Group was selected by SANDAG and the City of San Diego to operationalize Transit Signal Priority (TSP) functionality along the Mid-City BRT corridor that includes 30+ intersections. Efforts included the City’s first significant use of the 2070ATC controller with Ethernet/IP communications back to the City TMC/Central Signal Management System. IBI Group conducted bench test efforts of the new controller and specific TSP functionality to ensure proper operation and recovery from TSP activation. The firm was also responsible for the development of TSP Parameters, field review and testing, and implementation of TSP settings in the TSP equipment and on the Transit Management System (I.E. Xerox /ACS OrbCAD system). As part of a related effort, IBI Group has developed a refined Syncro model for the corridor including 40 intersections and is developing updated signal coordination parameters. IBI Group will support City staff in implementation and refinement of updated signal coordination. Finally, IBI Group performed numerous evaluations of before, mid-project and after conditions for transit travel times, time/space evaluations, signal related delays, and review of community reported signal timing concerns.

2.1.1 Transport/Mobility/Technology - Disability and Aging:

IBI Group is one of few firms with a practice within its transportation group specific to disability and aging in general and accessible transport specifically. This practice is headed by IBI Group Associate, Steve Wilks who brings over forty years of professional experience in the planning and operation of public transit with a specific focus on community and door-to-door/paratransit services including the management of accessible transport for the elderly and disability communities, SMART shuttles and other expertise in alternate transit service models. Complementing the operating experience is demonstrable experience in strategic, operational, service and policy planning including quality planning facilitation through the successful conduct of consultative sessions in workshop and focus group settings.

The following provides a representative sample of IBI Group projects that Steve Wilks has had direct responsibility for:

ITEM 8.1 - Attachment B
IBI GROUP | THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) / RFP NO. 21-048-MRFP 01, LAGUNA WOODS

MOBILITY TECHNOLOGY PLAN
JANUARY 24, 2022
SANDAG – Specialized Transit Strategic Plan. Development of long-term strategies leveraging next-generation mobility solutions and existing and emerging technology to meet the near and long-term transportation/mobility needs of older adults and people with a disability.

Contra Costa Transportation Authority – Paratransit Improvement Study. Evaluated the paratransit operations in the Contra Costa County including extensive survey research, current and future demand, literature search and alternate models for governance and service delivery.

Sound Transit, Paratransit Technology Plan – Retained to prepare a Paratransit Technology Plan that developed projects to enhance paratransit technologies and data systems for the coordination of scheduling trips for the Puget Sound regional transit agencies including Everett Transit, Community transit, King County Metro, Pierce transit and Sound Transit. This recently completed project focused on improving customer service and ensuring reliable connections for customers making inter-county or multi-leg journeys with different services. Principal tasks include documentation of functional requirements, profiling existing technologies and operating practices, identification of opportunities and evaluation (including risk assessment), and preparation of scope and budgets for select number of implementation strategies.

Utah DOT/UDHS Wasatch Front One-Stop Transit Center: Led a multi-disciplinary team to develop a One-Stop Transit Call Center with a centralized dispatch that pools Department of Human Services (DHS) and Division of Services for People with Disabilities (DSPD) network of transportation providers. Addressed the full range of institutional, operational, financial and technology-related aspects of developing the call center at a level of detail needed by local and regional implementing agencies throughout the State.

Los Angeles - Access Services, (AS):

Needs Analysis and Related Services: For Los Angeles County’s CTSA, retained to provide professional services for the review of alternate organizational models and software/telecom requirements for the delivery paratransit services throughout Los Angeles County.

Regional Integration of Paratransit Resources: Retained to identify and subsequently enable local dial-a-ride agencies and other third-party entities to transmit their unused paratransit capacity into the existing Uniform Scheduling System (USS) operated by AS. Resulting framework was an Internet-based electronic “marketplace” – enabling participating agencies to buy and sell the demand for and available capacity on their respective paratransit or dial-a-ride services.

Santa Barbara County Association of Governments (SBCAG), TDA Triennial Performance Audit, Santa Barbara, CA – As a Subconsultant, responsible for the review of the County’s SMOOTH and Easy Lift CTSAs including evaluating their effectiveness and recommending key performance measures and providing a commentary on ITS applications.

Regional Center of Orange County (RCOC) - Transportation Program Review – Review of the efficiency and effectiveness of RCOC’s transportation program. This entailed reviewing existing ridership and service levels, surveying rider experience/ satisfaction with the six modes of transportation currently available and identifying significant gaps and deficiencies in service delivery. The key product of the study was a series of near-term and long-term actions for addressing the gaps and improving the service while maintaining its cost-effectiveness.

Orange County Transportation Authority (OCTA) – ADA ACCESS Service Plans: Evaluated current and future demand for the paratransit services in Orange County and reviewed the performance of the present ACCESS services in terms of compliance to ADA (Americans with Disabilities Act) eligibility criteria, service criteria and OCTA performance standards.

ITEM 8.1 - Attachment B
IBI GROUP | THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) / RFP NO. 21-048-MRFP 01, LAGUNA WOODS

MOBILITY TECHNOLOGY PLAN
JANUARY 24, 2022
Ann Arbor Transportation Authority (AATA), Michigan: Retained to provide professional "in-house" Paratransit Co-ordinator services. Primary responsibilities included monitoring service performance, evaluating alternate service delivery scenarios, contract monitoring and fleet management, and the implementation of demand management strategies including revised eligibility and certification processes.

Jacksonville Transportation Authority (JTA), FL – Mobility Plan: Sub-consultant responsible for elements including eligibility and certification for the JTA to assume responsibility for the CTC (Community Transportation Coordinator) in Duval County, FL.

Massachusetts Bay Transportation Authority (MBTA) - THE RIDE Service: Evaluated the services and operations of the MBTA's THE RIDE program, including operational audit considerations, performance, ADA compliance; service area configurations, contract structure documents, and demand management strategies. An integral component of this engagement was the facilitation of a series of consumer focus group sessions.

Paratransit Eligibility and Demand Study - New York City Transit Authority. Project Manager and designed comprehensive surveys administered to both 33,000 New Yorkers selected at random and 1,000 Access-A-Ride customers. The resulting data base and analysis on the incidence of disability and ridership generation will yield the most comprehensive data base of its kind in the United States.

Washtenaw County -- Community Collaborative (CTSM): Responsible for the development of alternate administrative and service delivery scenarios for a community collaborative involving the human service; health care/medical (HMO); business and academic communities together with the municipal public transit service provider.

London Transport (U.K.): Evaluated the services and operations of the Dial-A-Ride, Taxicard and Community Transport services throughout the Greater London Area and developed practical solutions for enhanced coordination of services for older adults and the disability community.

Office Location
IBI Group’s Irvine, California office will be the primary contact and place of performance for project tasks:
18401 Von Karman Avenue, Suite 300
Irvine, CA 92612
949 833 5588
Key Staff
IBI Group’s team is composed of next-gen mobility experts who have been involved in physical and digital mobility services infrastructure developments across North America. Our team members are also well versed in policies, regulatory frameworks, data standards and the emerging mobility landscape. These mobility practitioners are going to be supported by highly experienced staff from our Irvine, Los Angeles, and San Diego offices who are full time planners and have been working with SCAG for 20+ years. Also, IBI Group has been working with various SoCal agencies and is aware of the local conditions.

The project will be managed by Steve Wilks, who brings forty plus years of professional transit/mobility experience with a specific focus on mobility for older adults and people with disabilities. Steve will be supported by a team of highly experienced staff who will lead mobility solutions, mobility polices and implementation strategy aspects of the project, including MaaS and data sharing, communications and cybersecurity and infrastructure requirements.

ITEM 8.1 - Attachment B
IBI GROUP | THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) / RFP NO. 21-048-MRFP 01, LAGUNA WOODS

MOBILITY TECHNOLOGY PLAN
JANUARY 24, 2022
Steve will be the single point of contract for SCAG PM. Steve will also work closely with IBI Group’s Director, Bill Delo, who will provide corporate oversight and play an advisory role on technical matters.

The following section provides bios for the proposed staff. Appendix A includes resumes for all proposed staff.

BILL DELO
Mr. Delo is a Director of IBI Group and a Transportation Planner with 20+ years of experience in transportation planning, multi-modal planning, active transportation, and traffic engineering. Mr.

Delo brings extensive experience in regional planning and corridor planning for high quality transit services. His transportation planning experience includes the preparation of multi-modal plans, complete streets plans, first/last mile plans, and conceptual design efforts. He has also led a variety of creative and inclusive community engagement efforts as part of his planning projects.

SANTOSH MISHRA
Santosh a Mobility Technologies Practice Lead with IBI group with 17 years of experience. He specializes in transit technology consulting for all transit modes and, to date, has assisted 75+ agencies nationwide. Santosh’s work encompasses a full range of transit technologies that address the specific needs of all business functions of a transit agency and customer mobility.

Santosh also has extensive experience with transit operations and technologies with specific focus on improving mobility using emerging concepts. He has been part of research and development of several next generation related to mobility such as Mobility-on-Demand and Mobility-as-a-Service. He has led several tasks related to recent USDOT research and demonstration projects, including United We Ride/Mobility Service for All Americans and Connected Vehicle/Dynamic Mobility programs and was appointed to the panel of Transit-IDEA (TCRP J04) program, jointly sponsored by TRB, APTA and FTA ITEM 8.1 - Attachment B
IBI GROUP | THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) / RFP NO. 21-048-MRFP 01, LAGUNA WOODS

MOBILITY TECHNOLOGY PLAN
JANUARY 24, 2022

STEVEN WILKS
Steve has over forty years of professional experience in the planning and operation of public transit and next-gen mobility services including microtransit, shuttles, paratransit and other community-based transport. This has included the management of paratransit for the elderly and disability communities, working with the taxi/livery cab industry and transportation network companies (TNCs), designing SMART shuttle operations and providing creative/innovative solutions for the transportation industry including the integration of multiple modes and developing first/last mile operational and strategic solutions.

Steve’s professional transit/mobility experience includes a specific focus on mobility for older adults and people with disabilities.

IAN KILGOUR
Ian is an Electrical Engineer and Information Technology Systems Specialist, bringing significant experience in networking and telecommunications systems, facilities telecommunications fit ups and advanced traffic management systems. He has 15 years of experience working on numerous projects within these multiple sectors, in Southern California and across North America as a whole. He has been responsible for both field installation, facility relocation and integration activities, as well as design and pre-design tasks including needs assessments, costbenefit analyses and concepts of operation.

CATHERINE THIBAULT
Catherine Thibault is a Transportation Planner with a strong background in multimodal, transit and active transportation planning, complete streets, public outreach, sustainability and strategic planning. She has worked as a Project Manager on a variety of mobility projects from data analytic and strategic planning, to conceptual design, plan and policy development and community engagement. She has worked on the development of several Corridor Plans in Southern California, including SR 91, SR 52 and the Central Mobility Hub Corridor Plan.

DON MURPHY
Mr. Murphy has over twenty-eight years of experience in the transportation systems and Intelligent Transportation Systems (ITS) fields. Over the past several years he has specialized in managing and provide technical subject matter expertise for public agencies deploying arterial, flexible fleet, mobility, transit management and communications, and multimodal systems. His diversity and depth of technical and operations-based experience makes him an effective project manager and subject matter expert across a wide range of modern multimodal projects.

ITEM 8.1 - Attachment B
IBI GROUP | THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) / RFP NO. 21-048-MRFP 01, LAGUNA WOODS

MOBILITY TECHNOLOGY PLAN
JANUARY 24, 2022

PAVEL STOEV
Mr. Stoev is a Professional Systems Engineer with over 15 years of experience, leading team design, development, delivery, operations and support of complex IT and communications infrastructure projects. Projects utilize resilient IP networks on low latency wired/wireless, high availability secure cloud computing, highly reliable software and mobile content delivery. Pavel’s project portfolio is in the ITS market segment, with various airports, transit, transportation and public infrastructure clients based in North America, Europe, Africa and the Caribbean region.

CAMERON BERKO
Mr. Berko has over seven years of work experience in intelligent transportation systems (ITS), Connected Vehicle (CV) infrastructure, Automated Vehicle (AV) operations, and traffic modelling and assessment. Mr. Berko has developed literature reviews, best practices, technology assessments, and recommendations for CAVs at the municipal, state, provincial, and federal levels. This experience includes extensive stakeholder outreach to understand public perceptions of CAVs, and how this technology can meet the needs of all road users.

ROD SCHEBESCH
Rod recently joined IBI Group in November of 2021 with a focus across North America on Transportation and Technology. He is leading efforts to grow consulting services related to connected and automated vehicles and electric charging facilities. Rod blends decades of engineering experience with creativity through innovation and technology. He managed WSP Canada’s Advisory Team, focused on connected and automated vehicles (CAV), strategy and asset management. He was then promoted to drive digital across WSP Canada’s 10,000 employees for all business lines including Transportation & Infrastructure, Buildings, Energy and Environmental.

2.3.1 Staff Time Commitment
Our proposed PM, Steve Wilks, will be 30-40% available for this project and will attend all meetings.

Technical Leads will be available 20-30% of the time and will attend meetings as necessary for the performance of their tasks.

Support staff will be available 15-20%.

ITEM 8.1 - Attachment B

8.2 CALIFORNIA SENATE BILL 1127 (ATKINS)
(2021-2022)
SENATE BILL NO. 1127
SHARE THIS: Date Published: 06/13/2022 09:00 PM
SB-1127 Workers’ compensation: liability presumptions. (2021-2022) AMENDED IN ASSEMBLY JUNE 13, 2022
CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION
Introduced by Senators Atkins, Cortese, and Hertzberg
(Principal coauthors: Assembly Members Bryan and Grayson) (Coauthors: Senators Durazo, Laird, and Newman)
(Coauthors: Assembly Members Chen, Cooper, Gipson, Lee, and Wood) February 16, 2022
An act to amend Sections 3761, 4656, and 5402 of, and add Section 5414.3 to, the Labor Code, relating to workers’ compensation.

LEGISLATIVE COUNSEL'S DIGEST
SB 1127, as amended, Atkins. Workers’ compensation: liability presumptions.

Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries arising out of and in the course of their employment. Existing law requires an injured employee to file a claim form with the employer. Under existing law, except for specified injuries, if liability is not rejected within 90 days after the date the claim form is filed with the employer, the injury is presumed compensable and the presumption is rebuttable only by evidence discovered subsequent to the 90-day period.

This bill would reduce those 90-day time periods to 60 days for all injuries and employees and, for For certain injuries or illnesses, including hernia, heart trouble, pneumonia, or tuberculosis, among others, sustained in the course of employment of a specified member of law enforcement or a specified first responder, this bill would reduce those time periods to 30 75 days. The bill would make other conforming changes.

Existing law prohibits aggregate disability payments for a single injury occurring on or after January 1, 2008, causing temporary disability from extending for more than 104 compensable weeks within a period of 5 years from the date of injury, except if an employee suffers from certain injuries or conditions.

This bill would, for specified firefighters and peace officers claiming illness or injury related to cancer, increase the number of compensable weeks to 240 without limitation as to time from the date of injury.

Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites ITEM 8.2 - Attachment A
Existing law requires that certain proceedings, including proceedings for the enforcement against the employer or an insurer of any liability for compensation, be instituted before the Workers’ Compensation Appeals Board.

Existing law authorizes the appeals board to fix and determine, in its award, the total amount of compensation to be paid and specify the manner of payment, or may fix and determine the weekly disability payment to be made and order payment during the continuance of disability. Existing law requires that when payment of compensation has been unreasonably delayed or refused, either prior to or subsequent to the issuance of an award, the amount of the unreasonably delayed or refused payment be increased up to 25% or up to $10,000, whichever is less. Existing law requires the appeals board to use its discretion to accomplish a fair balance and substantial justice between the parties.

This bill would require, if liability for an injury has been unreasonably rejected for specified claims of injury or illness, including hernia, heart trouble, pneumonia, or tuberculosis, among others, sustained in the course of employment of a specified member of law enforcement or a specified first responder, the amount of the penalty to be 5 times the amount of the benefits unreasonably delayed due to the rejection of liability. The bill would limit the penalty to no more than $100,000. $50,000. The bill would require the appeals board to determine the question of whether the rejection of liability is reasonable. The bill would apply this provision to all injuries, without regard to whether the injury occurs before, on, or after the operative date of the bill.

Existing law requires the Administrative Director of the Division of Workers’ Compensation, among other duties, to develop a workers’ compensation information system in consultation with the Insurance Commissioner and the Workers’ Compensation Insurance Rating Bureau, with certain data to be collected electronically.

This bill would require, on or before July 1, 2023, the division to identify and amend its existing data collection processes to include collection of the date on which a claimant is notified of acceptance, denial, or conditional denial of liability.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 3761 of the Labor Code is amended to read:
3761. (a) An insurer securing an employer’s liability under this division shall notify the employer, within 15 days, of each claim for indemnity filed against the employer directly with the insurer if the employer has not timely provided to the insurer a report of occupational injury or occupational illness pursuant to Section 6409.1. The insurer shall furnish an employer who has not filed this report with an opportunity to provide to the insurer, prior to the expiration of the applicable time period specified in subdivision (b) of Section 5402 for rejecting a claim, all relevant information available to the employer concerning the claim. (b) (1) An employer shall promptly notify its insurer in writing at any time during the pendency of a claim if the employer has actual knowledge of any facts that would tend to disprove any aspect of the employee’s claim. If an employer notifies its insurer in writing that, in the employer’s opinion, no compensation is payable to an employee, at the employer’s written request, to the appeals board, the appeals board may approve a compromise and release agreement, or stipulation, that provides compensation to the employee only if there is proof of service upon the employer by the insurer, to the employer’s last known address, not less than 15 days prior to the appeals board action, of notice of the time and place of the hearing at which the compromise and release agreement or stipulation is to be approved. The insurer shall file proof of this service with the appeals board.
(2) Failure by the insurer to provide the required notice shall not prohibit the board from approving a compromise and release agreement, or stipulation. However, the board shall order the insurer to pay reasonable expenses as provided in Section 5813.
(c) In establishing a reserve pursuant to a claim that affects premiums against an employer, an insurer shall provide the employer, upon request, a written report of the reserve amount established. The written report shall include, at a minimum, the following:
(1) Estimated medical-legal costs.
(2) Estimated vocational rehabilitation costs, if any.
(3) Itemization of all other estimated expenses to be paid from the reserve.

ITEM 8.2 - Attachment A
(d) If an employer properly provides notification to its insurer pursuant to subdivision (b), and the appeals board thereafter determines that no compensation is payable under this division, the insurer shall reimburse the employer for any premium paid solely due to the inclusion of the successfully challenged payments in the calculation of the employer’s experience modification. The employee shall not be required to refund the challenged payment.

SEC. 2. Section 4656 of the Labor Code is amended to read:
4656. (a) Aggregate disability payments for a single injury occurring prior to January 1, 1979, causing temporary disability shall not extend for more than 240 compensable weeks within a period of five years from the date of the injury.
(b) Aggregate disability payments for a single injury occurring on or after January 1, 1979, and prior to April 19, 2004, causing temporary partial disability shall not extend for more than 240 compensable weeks within a period of five years from the date of the injury.
(c) (1) Aggregate disability payments for a single injury occurring on or after April 19, 2004, causing temporary disability shall not extend for more than 104 compensable weeks within a period of two years from the date of commencement of temporary disability payment.
(2) Aggregate disability payments for a single injury occurring on or after January 1, 2008, causing temporary disability shall not extend for more than 104 compensable weeks within a period of five years from the date of injury.
(3) Notwithstanding paragraphs (1) and (2), for an employee who suffers from the following injuries or conditions, aggregate disability payments for a single injury occurring on or after April 19, 2004, causing temporary disability shall not extend for more than 240 compensable weeks within a period of five years from the date of the injury:
(A) Acute and chronic hepatitis B.
(B) Acute and chronic hepatitis C.
(C) Amputations.
(D) Severe burns.
(E) Human immunodeficiency virus (HIV).
(F) High-velocity eye injuries.
(G) Chemical burns to the eyes.
(H) Pulmonary fibrosis.
(I) Chronic lung disease.
(d) Notwithstanding subdivisions (a), (b), and (c), for an employee who suffers from an injury or condition defined in Section 3212.1, aggregate disability payments for a single injury occurring on or after January 1, 2023, causing temporary disability shall not extend for more than 240 compensable weeks.

SEC. 3. Section 5402 of the Labor Code is amended to read:
5402. (a) Knowledge of an injury, obtained from any source, on the part of an employer, the employer’s managing agent, superintendent, foreman, or other person in authority, or knowledge of the assertion of a claim of injury sufficient to afford opportunity to the employer to make an investigation into the facts, is equivalent to service under Section 5400.
(b) (1) If liability is not rejected within 60 90 days after the date the claim form is filed under Section 5401, the injury shall be presumed compensable under this division. The presumption of this subdivision is rebuttable only by evidence discovered subsequent to the 60-day 90-day period. (2) Notwithstanding paragraph (1), for injuries or illnesses defined in Sections 3212 to 3212.85, inclusive, and Sections 3212.87 to 3213.2, inclusive, if the liability is not rejected within 30 75 days after the date the claim form is filed pursuant to Section 5401, the injury shall be presumed compensable under this division. The ITEM 8.2 - Attachment A
presumption of this subdivision is rebuttable only by evidence discovered subsequent to the 30-day 75-day period.
(c) Within one working day after an employee files a claim form under Section 5401, the employer shall authorize the provision of all treatment, consistent with Section 5307.27, for the alleged injury and shall continue to provide the treatment until the date that liability for the claim is accepted or rejected. Until the date the claim is accepted or rejected, liability for medical treatment shall be limited to ten thousand dollars ($10,000).
(d) Treatment provided under subdivision (c) does not give rise to a presumption of liability on the part of the employer.
(e) On or before July 1, 2023, the Division of Workers’ Compensation shall identify and amend its existing data collection processes to include collection of the date on which the claimant is notified of acceptance, denial, or conditional denial of liability for a claim, consistent with this section.

SEC. 4. Section 5414.3 is added to the Labor Code, to read:
5414.3. (a) Notwithstanding Section 5814, when liability has been unreasonably rejected for claims of injury or illness as defined in Sections 3212 to 3213.2, inclusive, the amount of the penalty shall be five times the amount of the benefits unreasonably delayed due to the rejection of liability, but in no case shall the penalty exceed one hundred thousand dollars ($100,000). fifty thousand dollars ($50,000). The question of rejection and the reasonableness of the cause shall be determined by the appeals board in accordance with the facts. (b) Penalties issued pursuant to this section shall be reported to the audit unit within the Division of Workers Compensation.
(c) This section shall apply to all injuries, without regard to whether the injury occurs before, on, or after the operative date of this section.

ITEM 8.2 - Attachment A
Issue 124 – June 2022

LEGISLATIVE UPDATE
Senate Bill 1127
On June 22, 2022, Senate Bill (SB) 1127 was
approved by the California State Assembly
Insurance Committee and referred to the California
State Assembly Appropriations Committee for
review. Among other provisions, SB 1127 seeks to
amend existing workers’ compensation law by
reducing the decision timeframe an employer has
to accept or deny a claim from 90 days to 75 days.

While the bill has not yet been passed, the Authority has outlined the changes it would impart to the workers’ compensation claim system in California and the implications caused by these changes.

Current law establishes a workers’ compensation claim system as follows: After an injured employee files a claim with their employer for injuries sustained while on the job, if liability is not rejected within 90 days, the claim is accepted, and the injury is presumed compensable. SB 1127 proposes reducing the current 90-day window to a 75-day window. Other notable provisions the proposed bill would enact if passed include:

Increasing the number of compensable weeks from 104 to 240 without limitation for firefighters and peace officers claiming an injury related to cancer.

Increasing the penalty placed on an employer for unreasonably rejecting specific claims of injury sustained by a member of law enforcement or a first responder. Current law requires that when a claim is wrongly denied, an employer must pay up to 25% more than the amount an individual was unreasonably denied or $10,000, whichever is less. SB 1127 would require employers to pay five times the amount of the benefits unreasonably denied, amounting to a penalty not to exceed $50,000.

ITEM 8.2 - Attachment B
While it is uncertain how these changes will affect presumptive workers’ compensation cases in California, a similar, unsuccessful bill, SB 335 (Cortese), may provide insight.

In July 2021, SB 335 failed to pass in the Assembly Insurance Committee. Similar to SB 1127, this bill proposed cutting the decision time frame from 90 days to 45 days for most claims and 30 days for specific claims. The bill received minimal “yes” votes, and even those legislators who voted yes asked to remove language referencing the reduced decision timeframe.

Both of these bills’ reduced timeframes raise the concern that an employer’s ability to adequately and appropriately investigate a claim may be impeded.

The California JPIA’s Workers’ Compensation Program Manager, Jeff Rush, notes it is often already difficult to complete a thorough investigation within a 90-day timeframe.

Investigating a workers’ compensation claim requires time, energy, and resources. A proper investigation often includes multiple interviews with the injured employee, co-workers, and relatives or friends who can speak to the injury. A thorough review of the workplace where the injury occurred, as well as a review of online surveillance and video surveillance of the area, helps paint a clearer picture of the events surrounding a workplace injury.
“If SB 1127 passes, it will fundamentally change the landscape of how presumptive workers’ compensation cases are handled in California,” said Rush, who, along with California JPIA Senior Risk Manager Tim Karcz, serves on the California Association of Joint Powers Authorities’ Legislative Committee. “The ability to thoroughly investigate a claim may be greatly diminished if employers are forced to do so in only 75 days.”
There is also concern that the increased penalty, combined with the lack of time to complete a thorough investigation, may cause employers to accept claims in lieu of doing their due diligence—simply to avoid the potentially sizable penalties outlined in the bill.

The California JPIA continues its leadership role in tracking legislation that will affect members if signed into law. The Authority urges members to continue tracking SB 1127 and reach out to their local legislators if they find issues with the proposed bill. The Authority also provides training and resources in workers’ compensation and recommends members reach out to their regional risk manager to discuss how new legislation may impact them.

ITEM 8.2 - Attachment B
California Joint Powers Insurance Authority
8081 Moody Street, La Palma, CA 90623
(800) 229-2343 | (562) 467-8700
Providing innovative risk management solutions
for our public agency partners
ITEM 8.2 - Attachment B
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1 Chris Macon
From: California JPIA <[email protected]>
Sent: Tuesday, July 12, 2022 8:45 AM
To: Chris Macon
Subject: Update: Senate Bill 1127
Senate Bill 1127 Update
Greetings,

This email is to provide an update on Senate Bill 1127, a bill that the California JPIA strongly opposes. The Authority is tracking SB 1127 as it navigates through the legislature. This bill is a concern as it would significantly alter the handling of presumptive workers’ compensation claims, potentially increasing costs to public agencies. The bill’s primary author is Toni Atkins, who represents the 39th District and serves as President of the California State Senate.

The bill includes three significant changes to current law, as follows:

1. Employees with a presumptive cancer claim would be entitled to up to 240 weeks of temporary disability, a sizable increase from the current 104-week limit.

2. The period to investigate a workers’ compensation claim would be reduced from 90 days to 75 days.

3. Presumptive claims that are “unreasonably rejected” (denied) would be subject to a penalty of up to $50,000.

There are two related concerns with SB 1127, starting with the reduction in the investigative period.

1. Many claims require more than 90 days to investigate due to delays in obtaining an employee’s testimony, medical history, and a formal medical evaluation. A natural consequence of shortening the investigative period would be more claims being conditionally denied.

ITEM 8.2 - Attachment C
2 2. Additionally, the provision regarding claims that are “unreasonably rejected” is problematic in that any claim alleged to have been denied unreasonably would likely result in a hearing before the Workers’ Compensation Appeals Board. As there is currently no standard for what constitutes an unreasonable denial, there would be plenty of leeway for judges to award penalties to employees.

The Authority has created a template letter that addresses the issues detailed above. The letter can be found here, should you wish to express your concerns about the bill to the legislators representing your agency’s district.

As this bill continues to make its way through the legislative process, the Authority will keep members informed of its progress. Please contact Workers’ Compensation Program Manager Jeff Rush if you have any questions.

Thank you,

Jon

Jonathan R. Shull, Chief Executive Officer
California Joint Powers Insurance Authority
8081 Moody Street
La Palma, CA 90623
Voice: (562) 467-8787
Email: [email protected]
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ITEM 8.2 - Attachment C
ITEM 8.2 – Attachment C
[Date]
[Name of Legislator]
[Address of Legislator]
[City, State, Zip]
SUBJECT: Senate Bill 1127
Dear Assemblymember [Legislator's Last Name],
On behalf of [Name of Organization], I write in opposition to Senate Bill 1127 (Atkins), as amended June 13, 2022, because it fundamentally alters longstanding rules and timeframes for determining eligibility for workers' compensation claims and would dramatically increase systemic friction and litigation. SB 1127 creates a new, reduced timeline for employers to decide whether to cover a claimed injury, but it does not synchronize other statutes and regulations that prevent employers from complying with the new timeline. The bill changes the rules for all presumptive claims, but the provisions as they apply to public employers are especially challenging.

SB 1127 has three main provisions, each of which is problematic:
 Reduces the timeframe allotted to employers to investigate rebuttable presumption claims – SB 1127 proposes to shorten the time provided for employers to investigate claims from 90 to 75 days. The bill does not, however, make a single change to the statutory and regulatory provisions that cause investigations to take more than 90 days. These statutory and regulatory provisions include the lengthy state-mandated Qualified Medical Examination process and the need to schedule an employee's deposition before subpoenaing their medical records.
 Imposes new penalties on employers – SB 1127 proposes new and unprecedented penalties on all claims covered by presumption statutes. The penalty of up to $50,000 would apply in situations where "liability has been unreasonably rejected for claims of injury." These claims are predominantly for public safety employees whose salaries are funded by taxpayers. As proposed, these claims would have a higher standard of evidence because of the presumption, an objectively inadequate timeline to investigate claims, and substantial penalties for getting the process wrong.
 More than doubles the duration of temporary disability benefits for cancer presumption claims – SB 1127 would extend the duration of temporary disability benefits from 104 to 240 weeks for claims covered by cancer presumption statutes. Currently, covered employees have full and tax-free wage replacement benefits for one year and access to disability retirement benefits that can, in some cases, be received simultaneously with temporary disability benefits.

We humbly request your no vote on SB 1127, as this bill will increase lawsuits and workers' compensation costs for our agency.

ITEM 8.2 – Attachment C
Thank you for your consideration of this critical issue.

Sincerely,
[Name]

8.3 COMPENSATION EQUITY
(AGENDIZED BY MAYOR MOORE)
(NO REPORT)

8.4 TRANSPARENCY OF CITY OF LAGUNA
WOODS
(AGENDIZED BY MAYOR MOORE)
(NO REPORT)

8.5 CALIFORNIA ASSEMBLY BILL 1594 (TING)
(2021-2022)
(AGENDIZED BY MAYOR MOORE)
SHARE THIS: Date Published: 07/12/2022 09:00 PM
AB-1594 Firearms: civil suits. (2021-2022)
Assembly Bill No. 1594
CHAPTER 98
An act to add Title 20 (commencing with Section 3273.50) to Part 4 of Division 3 of the Civil Code, relating to firearms.
[ Approved by Governor July 12, 2022. Filed with Secretary of State July 12, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 1594, Ting. Firearms: civil suits.

Existing law generally regulates the transfer and possession of firearms. Existing law also provides for various private rights of action. Existing law also provides that specified unfair methods of competition and unfair or deceptive acts or practices are unlawful. Existing law also makes false advertising unlawful.

This bill, beginning on July 1, 2023, would establish a firearm industry standard of conduct, which would require a firearm industry member, as defined, to establish, implement, and enforce reasonable controls, as defined, take reasonable precautions to ensure that the member does not sell, distribute, or provide a firearm-related product, as defined, to a downstream distributor or retailer of firearm-related products who fails to establish, implement, and enforce reasonable controls, and adhere to specified laws pertaining to unfair methods of competition, unfair or deceptive acts or practices, and false advertising. The bill would also prohibit a firearm industry member from manufacturing, marketing, importing, offering for wholesale sale, or offering for retail sale a firearm-related product that is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety in California, as specified.

This bill would also authorize a person who has suffered harm in California, the Attorney General, or city or county attorneys to bring a civil action against a firearm industry member for an act or omission in violation of the firearm industry standard of conduct, as specified. The bill would authorize a court that determines that a firearm industry member has engaged in the prohibited conduct to award various relief, including injunctive relief, damages, and attorney’s fees and costs.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. This act shall be known, and may be cited, as the Firearm Industry Responsibility Act.

SEC. 2. The Legislature finds and declares all of the following:
(a) The Legislature’s intent and purpose in enacting the Firearm Industry Responsibility Act is to protect public health and safety in California by promoting safe and responsible firearm industry member practices and Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites ITEM 8.5
ensuring that firearm industry members may be held justly accountable for wrongful conduct that endangers and harms the public in California.
(b) Firearm industry members’ business conduct has enormous direct and secondary impacts on individuals, families, and communities across California. Firearm industry members profit from the sale, manufacture, distribution, importing, or marketing of lethal products, and products designed to be used with and for lethal products, that are frequently used to threaten, injure, and kill human beings in California, and which frequently cause enormous harms to individuals’ and communities’ health, safety, and well-being, as well as economic opportunity and vitality.
(c) The firearm industry has long been made aware of these harms, and has been called on to adopt reasonably feasible and effective reforms to their business practices to prevent or minimize those harms, but many firearm industry members have failed to do so.
(d) California has adopted critical laws regulating aspects of the firearm industry. However, some members of the firearm industry have continued to develop dangerous business practices and to manufacture, sell, distribute, and market increasingly dangerous new products designed to circumvent and undermine these laws. That purpose has often been explicit in advertisements for products ranging from unserialized ghost gun build kits to bump stocks to bullet button assault weapons, and many more. (e) Accordingly, the Legislature finds that it is necessary to proactively establish an affirmative obligation that firearm industry members meet a reasonable standard of conduct, and face civil liability for harms caused by knowing violations of that standard, including when those violations do not constitute criminal conduct. (f) Many other industries are required to adopt reasonable controls that are reasonably feasible and effective at preventing foreseeable and substantial risks to the public, including the illicit use of their products. The Firearm Industry Responsibility Act is intended to bring regulation of firearm industry members who conduct business in California, who sell their products to California consumers, and who have reason to believe that their products will be sold or possessed in California, closer in line with these widely accepted public health and safety standards.
(g) Firearm industry members’ failures to adopt reasonable controls to protect public health and safety have led to foreseeable and grave public harms that could have been reasonably prevented with minimal cost or effort. (h) Such failures also provide an unfair business advantage to irresponsible firearm industry members over more responsible competitors who take reasonable precautions to protect human life and well-being. (i) The Legislature intends to ensure a level playing field for responsible firearm industry members, incentivize firearm industry members to take reasonable steps to protect public health and safety, and ensure that members of the California public who are harmed by a firearm industry member’s violation of law, and public officials acting on behalf of the people of California, may bring legal action to seek appropriate justice and fair remedies for those harms in court.

SEC. 3. Title 20 (commencing with Section 3273.50) is added to Part 4 of Division 3 of the Civil Code, to read:

TITLE 20. Firearm Industry Responsibility Act
3273.50. As used in this title, the following definitions apply:
(a) “Ammunition” has the same meaning as provided in subdivision (b) of Section 16150 of the Penal Code. (b) “Firearm” has the same meaning as provided in subdivisions (a) and (b) of Section 16520 of the Penal Code. (c) “Firearm accessory” means an attachment or device designed or adapted to be inserted into, affixed onto, or used in conjunction with a firearm that is designed, intended, or functions to alter or enhance the firing capabilities of a firearm, the lethality of the firearm, or a shooter’s ability to hold and use a firearm. (d) “Firearm-related product” means a firearm, ammunition, a firearm precursor part, a firearm component, and a firearm accessory that meets any of the following conditions:
(1) The item is sold, made, or distributed in California. (2) The item is intended to be sold or distributed in California.

ITEM 8.5
(3) The item is or was possessed in California and it was reasonably foreseeable that the item would be possessed in California.
(e) “Firearm precursor part” has the same meaning as provided in Section 16531 of the Penal Code. (f) “Firearm industry member” shall mean a person, firm, corporation, company, partnership, society, joint stock company, or any other entity or association engaged in the manufacture, distribution, importation, marketing, wholesale, or retail sale of firearm-related products.
(g) “Reasonable controls” means reasonable procedures, acts, or practices that are designed, implemented, and enforced to do the following:
(1) Prevent the sale or distribution of a firearm-related product to a straw purchaser, a firearm trafficker, a person prohibited from possessing a firearm under state or federal law, or a person who the firearm industry member has reasonable cause to believe is at substantial risk of using a firearm-related product to harm themselves or another or of possessing or using a firearm-related product unlawfully. (2) Prevent the loss or theft of a firearm-related product from the firearm industry member. (3) Ensure that the firearm industry member complies with all provisions of California and federal law and does not otherwise promote the unlawful manufacture, sale, possession, marketing, or use of a firearm-related product.
3273.51. (a) A firearm industry member shall comply with the firearm industry standard of conduct. It shall be a violation of the firearm industry standard of conduct for a firearm industry member to fail to comply with any requirement of this section.
(b) A firearm industry member shall do both of the following:
(1) Establish, implement, and enforce reasonable controls. (2) Take reasonable precautions to ensure that the firearm industry member does not sell, distribute, or provide a firearm-related product to a downstream distributor or retailer of firearm-related products who fails to establish, implement, and enforce reasonable controls. (c) A firearm industry member shall not manufacture, market, import, offer for wholesale sale, or offer for retail sale a firearm-related product that is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety in California. For the purposes of this subdivision, the following shall apply:
(1) A firearm-related product shall not be considered abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety based on a firearm’s inherent capacity to cause injury or lethal harm.
(2) There shall be a presumption that a firearm-related product is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety if any of the following is true:
(A) The firearm-related product’s features render the product most suitable for assaultive purposes instead of lawful self-defense, hunting, or other legitimate sport and recreational activities. (B) The firearm-related product is designed, sold, or marketed in a manner that foreseeably promotes conversion of legal firearm-related products into illegal firearm-related products. (C) The firearm-related product is designed, sold, or marketed in a manner that is targeted at minors or other individuals who are legally prohibited from accessing firearms. (d) A firearm industry member shall not engage in any conduct related to the sale or marketing of firearmrelated products that is in violation of the following sections:
(1) Paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (9) of subdivision (a) of Section 1770. (2) Section 17200 of the Business and Professions Code. (3) Section 17500 of the Business and Professions Code. (4) Section 17508 of the Business and Professions Code.

ITEM 8.5
3273.52. (a) An act or omission by a firearm industry member in violation of the firearm industry standard of conduct set forth in Section 3273.51 shall be actionable under this section. (b) A person who has suffered harm in California because of a firearm industry member’s conduct described by subdivision (a) may bring an action in a court of competent jurisdiction. (c) (1) The Attorney General may bring a civil action in a court of competent jurisdiction in the name of the people of the State of California to enforce this title and remedy harm caused by a violation of this title. (2) A city attorney may bring a civil action in a court of competent jurisdiction in the name of the people of that city to enforce this title and remedy harm caused by a violation of this title. (3) A county counsel may bring a civil action in a court of competent jurisdiction in the name of the people of that county to enforce this title and remedy harm caused by a violation of this title. (d) If a court determines that a firearm industry member engaged in conduct described by subdivision (a), the court may award any or all of the following:
(1) Injunctive relief sufficient to prevent the firearm industry member and any other defendant from further violating the law.
(2) Damages.
(3) Attorney’s fees and costs.
(4) Any other appropriate relief necessary to enforce this title and remedy the harm caused by the conduct. (e) (1) In an action alleging that a firearm industry member failed to establish, implement, and enforce reasonable controls in violation of paragraph (1) of subdivision (b) of Section 3273.51, there shall be a rebuttable presumption that the firearm industry member failed to implement reasonable controls if both of the following conditions are satisfied:
(A) The firearm industry member’s action or failure to act created a reasonably foreseeable risk that the harm alleged by the claimant would occur.
(B) The firearm industry member could have established, implemented, and enforced reasonable controls to prevent or substantially mitigate the risk that the harm would occur. (2) If the rebuttable presumption described by paragraph (1) is established, the firearm industry member has the burden of proving by a preponderance of the evidence that the firearm industry member established, implemented, and enforced reasonable controls.
(f) An intervening act by a third party, including, but not limited to, criminal misuse of a firearm-related product, shall not preclude a firearm industry member from liability under this section. 3273.54. (a) This title shall not be construed or implied to limit or impair in any way the right of a person or entity to pursue a legal action under any other authority.
(b) This title shall not be construed or implied to limit or impair in any way an obligation or requirement placed on a firearm industry member by any other authority.
(c) This title shall be construed and applied in a manner that is consistent with the requirements of the California and the United States Constitutions.
3273.55. This title shall become operative on July 1, 2023.

SEC. 4. If any provision of this act, or part of this act, any clause within this act, any combination of words within this act, or the application of any provision or part or clause or combination of words of this act to any person or circumstance, is for any reason held to be invalid or unconstitutional, the remaining provisions, clauses, words, or applications of provisions, clauses, or words shall not be affected, but shall remain in full force and effect, and to this end the provisions of this measure are severable.

ITEM 8.5

Laguna Woods City CouncilJuly 20, 2022

Laguna Woods City Council
July 20, 2022