AGENDA
LAKE FOREST CITY COUNCIL
Regular Meeting of the City Council
Tuesday, June 18, 2024
Closed Session 5:30 p.m.
Public Session 6:30 p.m.
City Council Chambers, 100 Civic Center Drive, Lake Forest, California NOTICE: Pursuant to Lake Forest Municipal Code Section 2.04.010, Regular Meetings of the City Council are held the First and Third Tuesday of each month at the hour of 5:30 p.m. for Closed Session matters, if required.
The Public Session of the meeting shall commence at 6:30 p.m. or as soon thereafter as possible. Special Meeting times may be held at a different time and date as listed on the Agenda.
AGENDA DOCUMENT REVIEW: The Agenda and staff reports are available on the Internet at https://www.lakeforestca.gov/en/government/meeting-agendas-and-minutes/meeting-agendas and at the City Clerk’s Office, 100 Civic Center Drive, Lake Forest, California, on the Friday before the meeting on Tuesday.
AGENDA DESCRIPTION: The Agenda descriptions are intended to give notice to members of the public of a general summary of items of business to be transacted or discussed. The listed Recommended Action represents staff’s recommendation. The City Council may take any action which it deems to be appropriate on the agenda item and is not limited in any way by the recommended action.
AGENDA ON SOCIAL MEDIA: This meeting will be streamed through Facebook Live. Comments will not be taken via Facebook Live. The City provides the Facebook Live stream as an additional service to the public.
However, the City cannot guarantee that its network and/or the site will be uninterrupted. The City is not responsible for any interrupted service.
SPECIAL NOTICE REGARDING PUBLIC ACCESS TO THE MEETING AND PUBLIC COMMENT:
PUBLIC PARTICIPATION: In addition to attending in person, members of the public may access the meeting live on our website at https://www.lakeforestca.gov/en/government/meeting-agendas-and-minutes/meeting-agendas.
PUBLIC COMMENT PRIOR TO THE MEETING: Members of the public may submit email comments to [email protected]. Email comments will be uploaded to the agenda packet and made part of the official public record of the meeting and will not be read at the meeting. To ensure staff reviews all comments prior to the City Council meeting, please submit email comments no later than 5:00 p.m. the day of the meeting.
PUBLIC COMMENT: Members of the public may provide comments in-person at the meeting. Public comments will no longer be accepted remotely. Those wishing to provide comments in-person at the meeting will be asked to submit a request to speak to the City Clerk. To ensure prompt distribution to the City Council, members of the public wishing to provide written materials to the City Council should do so prior to the start of the meeting or as close thereto as possible, as time will not be taken during the public comment period to distribute written materials to the City Council.
TRANSLATION SERVICE: Interpreters are available by request to members of the public that prefer to make their public comments in Spanish or Chinese. Requests for a translator need to be received by 8:00 a.m. the Monday before the scheduled City Council meeting. Such requests must be received via email at June 18, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 1 [email protected]
Los intérpretes están disponibles previa solicitud para el público que prefiera hacer sus comentarios públicos en español o chino. Las solicitudes de traductor deben recibirse antes de las 8:00 a. m. del lunes anterior a la reunión programada del Concejo Municipal. Dichas solicitudes deben recibirse por correo electrónico a [email protected]
如果大眾願意用西班牙語或中文發表公開評論，我們可應要求提供口譯服務。需要在預定市議會會議之前的周一
上午 8:00 之前收到翻譯請求。此類請求必須透過電子郵件收到：[email protected] Rúguǒ dàzhòng yuànyì yòng xībānyá yǔ huò zhōngwén fābiǎo gōngkāi pínglùn, wǒmen kě yīng yāoqiú tígōng k ǒuyì fúwù. Xūyào zài yùdìng shì yìhuì huìyì zhīqián de zhōuyī shàngwǔ 8:00 Zhīqián shōu dào fānyì qǐngqiú. Cǐ l èi qǐngqiú bìxū tòuguò diànzǐ yóujiàn shōu dào: [email protected] CALL TO ORDER:
Council Members:
Mayor Pro Tem:
Mayor:
City Manager:
City Attorney:
City Clerk:
5:30 p.m.
Doug Cirbo
Robert Pequeño
Benjamin Yu
Scott Voigts
Mark Tettemer
Debra Rose
Matthew E. Richardson
Lisa Berglund
CLOSED SESSION PUBLIC COMMENT:
CLOSED SESSION: At this time, the City Council may recess to Closed Session for conference with Legal Counsel to discuss the items listed below pursuant to Government Code requirements. Any items not concluded by 6:30 p.m. may be continued to the end of the Public Session. At this time, members of the public may address the City Council regarding any items listed on the Closed Session agenda. No action may be taken on items not listed on the agenda unless authorized by law. Comments shall be limited to three minutes per item. Any person wishing to address the City Council on a Closed Session matter is requested to complete a "Request to Speak" form available at agenda public review table near the entrance. The completed form is to be submitted to the City Clerk prior to an individual being heard by the City Council. Whenever possible, lengthy testimony should be presented to the City Council in writing (8 copies) and only pertinent points presented orally.
CLOSED SESSION (Item No. 1)
CLOSED SESSION: At this time, the City Council may recess to Closed Session for conference with Legal Counsel to discuss the items listed below pursuant to Government Code requirements. Any items not concluded by 6:30 p.m. may be continued to the end of the Public Session.
1. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(D)(2) NUMBER
OF POTENTIAL CASES: 1
June 18, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 2 RECOMMENDED ACTION: Conduct closed session.
RECESS: City Council will recess to Closed Session for the purpose of conducting regular City business.
RECONVENE: City Council will reconvene to continue regular City business.
PUBLIC SESSION: 6:30 p.m.
PUBLIC SESSION: At this time, the City Council will convene to consider public matters. Those wishing to address the City Council must submit a completed “Request to Speak” form to the City Clerk prior to City Council action.
INVOCATION: The Invocation will be provided by Chaplain Serena Cummins, Orange County Sheriff’s Department.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country to be led by Council Member Yu.
CLOSED SESSION REPORT: City Attorney will report on Closed Session.
PRESENTATIONS (Item Nos. 2 – 4)
2. RECOGNITION OF COMMUNITY HERO VANESSA BURDICK
RECOMMENDED ACTION: Present a certificate of recognition.
3. MULTICULTURAL FESTIVAL SUMMARY
RECOMMENDED ACTION: Receive and File.
4. TASTE OF LAKE FOREST RETURNS
June 18, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 3 RECOMMENDED ACTION: Receive and file the 2024 Taste of Lake Forest presentation.
PUBLIC COMMENTS
Members of the public can submit an e-comment to [email protected]. E-comments will not be read at the meeting.
Members of the public may also provide comments in-person at the meeting or remotely. Those wishing to provide comments in- person at the meeting will be asked to submit a request to speak to the City Clerk.
CONSENT CALENDAR (Item Nos. 5 – 20)
All matters listed under the Consent Calendar are considered routine and will be enacted by one vote. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request specific items be removed from the Consent Calendar for separate action.
5. MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES RECOMMENDED ACTION: Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.
6. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JUNE 4, 2024
RECOMMENDED ACTION: Approve as submitted.
7. CERTIFICATION OF WARRANT REGISTER
RECOMMENDED ACTION: Approve the warrant register in the amount of $6,600,734.72.
8. CONSIDERATION OF RESOLUTIONS PERTAINING TO THE GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 5, 2024
RECOMMENDED ACTION: Adopt the following resolutions: 1. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST,
CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5,
June 18, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 4 2024, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY
THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES. 2. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, REQUESTING
THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDA
Y, NOVEMBER 5, 2024, WITH THE PRESIDENTIAL GENERAL
ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE CALIFORNIA ELECTIONS CODE. 3. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, ADOPTING
REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE
PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE
VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024.
9. APPROVE AN AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC. FOR CROSSING GUARD SERVICES
RECOMMENDED ACTION: 1. Approve the Professional Consultant Services Agreement with All City Management Services, Inc. to provide Crossing Guard Services. 2. Authorize the Mayor to sign, and the City Clerk to attest the Agreement with All City Management Services, Inc., substantially in the form attached.
10. AWARD OF PROFESSIONAL CONSULTANT SERVICES AGREEMENT
WITH THE PET ADOPTION CENTER OF ORANGE COUNTY
RECOMMENDED ACTION: 1. Approve the Professional Consultant Services Agreement with the Pet Adoption Center of Orange County (“Agreement”). 2. Authorize the Mayor to sign and City Clerk to attest to the Agreement with the Pet Adoption Center of Orange County, substantially in the form attached.
11. CONSIDERATION OF CONTRACTUAL SERVICES AGREEMENTS WITH
THE LAKE FOREST CHAMBER OF COMMERCE
RECOMMENDED ACTION: 1. Approve a Contractual Services Agreement between the City of Lake Forest and Lake Forest Chamber of Commerce June 18, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 5 for Business Development and Attraction services in the amount of $42,000 for Fiscal Year 2024-25. 2. Authorize the Mayor to sign, and the City Clerk to attest, the Contractual Services Agreement between the City and the Lake Forest Chamber of Commerce.
12. FIRST AMENDMENT TO THE AGREEMENT WITH ECS IMAGING, LLC
FOR ELECTRONIC DOCUMENT MANGEMENT SOFTWARE AND
SERVICES
RECOMMENDED ACTION: 1. Approve the First Amendment to the Professional Consultant Services Agreement with ECS Imaging, LLC for Electronic Document Management Software and Services. 2. Authorize the Mayor to sign, and the City Clerk to attest, the First Amendment to the Agreement with ECS Imaging, LLC, substantially in the form attached.
13. FIRST AMENDMENT TO THE AGREEMENT WITH ABTECH
TECHNOLOGIES FOR INFORMATION TECHNOLOGY SUPPORT
SERVICES
RECOMMENDED ACTION: 1. Approve the First Amendment to the Professional Consultant Services Agreement for Information Technology Support Services with Abtech Technologies. 2. Authorize the Mayor to sign, and the City Clerk to attest, the First Amendment to the Agreement with Abtech Technologies substantially in the form attached.
14. FIFTH AMENDMENT TO THE AGREEMENT WITH ABTECH
TECHNOLOGIES FOR CLOUD HOSTED DISASTER RECOVERY
SERVICES
RECOMMENDED ACTION: 1. Approve the Fifth Amendment to the Agreement for Cloud Hosted Disaster Recovery Services with Abtech Technologies, Inc. 2. Authorize the Mayor to Sign and the City Clerk to attest the Fifth Amendment to the Agreement with Abtech Technologies, Inc., substantially in the form attached.
15. AMENDMENT OF THE PERSONNEL RULES AND REGULATIONS
June 18, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 6 RECOMMENDED ACTION: Adopt a Resolution entitled: RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA
ADOPTING AN AMENDMENT OF THE PERSONNEL RULES AND
REGULATIONS
16. ADOPTION OF LIST OF PROJECTS FUNDED BY SENATE BILL 1: THE
ROAD REPAIR AND ACCOUNTABILITY ACT
RECOMMENDED ACTION: 1. Approve Senate Bill 1: The Road Repair and Accountability Act Project List forms for Fiscal Year 2024-25. 2. Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, CALIFORNIA, CONCERNING THE LIST OF PROJECTS FOR FISCAL YEAR 2024/25 FUNDED BY SB1: THE ROAD REPAIR AND ACCOUNTABILITY ACT. 3. Authorize the Director of Public Works to forward the Fiscal Year 2024-25 project list to the California Transportation Commission, as required under Road Repair and Accountability Act of 2017.
17. AWARD A PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN
OF THE PROTECTED-PERMISSIVE LEFT TURN PHASING PROJECT
-PHASE 2 (24T02)
RECOMMENDED ACTION: 1. Award a Professional Consultant Services Agreement to AGA Engineers, Inc. (“Agreement”) in the amount of $91,745 for the Protected-Permissive Left Turn Phasing Project - Phase 2.
2. Authorize the Mayor to sign, and the City Clerk to attest to the Agreement with AGA Engineers, Inc., substantially in the form attached.
18. COOPERATIVE AGREEMENT WITH THE CITY OF IRVINE FOR THE
IRVINE BOULEVARD/TRABUCO ROAD TRAFFIC SIGNAL
SYNCHRONIZATION PROJECT
RECOMMENDED ACTION: 1. Approve the Cooperative Agreement for the Irvine Boulevard / Trabuco Road Traffic Signal Synchronization Project (“Cooperative Agreement”) between the City of Irvine and the City of Lake Forest for implementation of signal timing improvements within the City under the OC-Go Regional Traffic Signal Synchronization Program June 18, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 7 (“Project P”). 2. Authorize the City Manager to sign, and the City Clerk to attest, the cooperative agreement substantially in the form attached, in accordance with the City of Irvine's contract management system.
19. ANNUAL RENEWED MEASURE M ("M2") ELIGIBILITY SUBMITTAL TO
THE ORANGE COUNTY TRANSPORTATION AUTHORITY
RECOMMENDED ACTION: 1. Approve the Renewed Measure M ("M2") Seven-Year Capital Improvement Program for Fiscal Years 2024-25 through 2030-2031. 2. Authorize the Director of Public Works to forward all eligibility requirements including the approved Renewed Measure M ("M2") Seven-Year Capital Improvement Program to the Orange County Transportation Authority ("OCTA").
20. ACCEPTANCE OF LENNAR HOMES IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT 18162
RECOMMENDED ACTION: 1. Accept as complete the tract improvements and monumentation constructed by Lennar Homes of California, Inc., A California Corporation, for Tract 18162. 2. Authorize the City Clerk to release the Subdivision Faithful Performance and Subdivision Labor and Materials Bonds, both in the amount of $1,197,021, and the Subdivision Improvement Monumentation Bond in the amount of $63,000. 3. Authorize the City Clerk to release the Subdivision Improvement Warranty Bond in the amount of $119,702.10 one year after acceptance of the public improvements for Tract 18162 with the concurrence of the Director of Public Works/City Engineer.
PUBLIC HEARING(S) (Item No. 21)
Public Hearings are scheduled for a time certain of 6:30 p.m. or as soon thereafter as possible. City Council, when considering the matter scheduled for hearing, will take the following actions: 1. Open the Public Hearing. 2. Receive staff report. 3. Accept public testimony. 4. City Council comments and questions. 5. Close the Public Hearing and take appropriate action.
21. PUBLIC HEARING TO UPDATE FINES FOR PARKING VIOLATIONS RECOMMENDED ACTION: 1. Conduct the noticed public hearing. 2.
Introduce for the first reading of an Ordinance entitled: AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING CHAPTER 12.16 OF TITLE 12 OF THE LAKE FOREST
June 18, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 8
MUNICIPAL CODE, RELATING TO THE ENACTMENT OF A SEPARATE SCHEDULE OF FINES FOR PARKING VIOLATIONS.
DISCUSSION/ACTION ITEMS (Item Nos. 22 – 25)
The following matters are for City Council consideration/discussion/action. Members of the public may have the opportunity to address these items if they wish to do so. Please complete the Request to Speak form and give to the City Clerk.
22. SIXTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT RECOMMENDED ACTION: Approve the Sixth Amendment to City Manager Employment Agreement and authorize the Mayor to execute and the City Clerk to attest the document.
23. CLASSIFICATION PLAN AND SALARY SCHEDULE FOR FISCAL YEAR 2024- 2025
RECOMMENDED ACTION: Adopt a Resolution entitled: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA,
ADOPTING A REVISED CLASSIFICATION PLAN AND COMPENSATION SCHEDULE.
24. OPTIONS FOR EXPANSION OF HOLIDAY LIGHTING DISPLAY ALONG
EL TORO ROAD CORRIDOR
RECOMMENDED ACTION: 1. Receive and file a presentation from staff describing expanded holiday lighting options. 2. Approve expanded holiday Option #2 to satisfy SP#52 of the City’s Strategic Business Plan. 3. Direct staff to return at a subsequent City Council meeting with a contract document to effectuate the recommended action.
25. OXFORD PREPARATORY ACADEMY - CROSSING GUARD AND
SCHOOL TRAFFIC CONTROL ENHANCEMENTS REVIEW
RECOMMENDED ACTION: 1. Approve traffic control measures with the Crossing Guard and School Traffic Control Enhancements Analysis.
2. Adopt a Resolution entitled: A RESOLUTION OF THE CITY
COUNCIL
June 18, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 9
OF THE CITY OF LAKE FOREST, CALIFORNIA, RECOMMENDING THE
ADDITION OF A CROSSING GUARD AT THE INTERSECTION OF
BLACKFOOT DRIVE AND LOUMONT DRIVE, AS WELL AS OTHER
TRAFFIC CONTROL ENHANCEMENTS AT NEARBY INTERSECTIONS.
CITY MANAGER'S REPORT
At this time, the City Manager may comment on agenda and non-agenda items; and report on items of interest to the City Council and community.
CITY COUNCIL COMMENTS
At this time, City Council Members may comment on agenda or non-agenda matters. No discussion may take place on any item not appearing on the posted agenda. Council Members may ask a question for clarification, respond to statements made or questions posed by the public, make a brief announcement, or make a brief report on his or her own activities. In addition, the City Council may refer to staff or other resources for factual information, request staff to report back at a subsequent meeting or direct staff to place a matter of business on a future agenda. No action may be taken on non-agenda matters unless authorized by law (Government Code Section 54954.2).
Council Member Cirbo:
Council Member Pequeño:
Council Member Yu:
Mayor Pro Tem Voigts:
Mayor Tettemer:
June 18, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 10
ADJOURNMENT
In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this Meeting, including auxiliary aids or services, you should contact the Office of the City Clerk at (949) 461-3400.
Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and agenda back-up materials can be obtained from the Office of the City Clerk on the Friday prior to the City Council meeting. Copies of all Agendas, Staff Reports and Supporting Materials can also be found on the City’s website – https://www.lakeforestca.gov/129/Agendas.
Agenda and agenda packets, if requested, will be made available in an appropriate alternative format to persons with a disability as required by the Americans With Disabilities Act. Copies of the agenda are provided at no cost and agenda back-up materials are available at the per page copy cost.
The City of Lake Forest mailing address is City Council Chambers, 100 Civic Center Drive, Lake Forest, California.
Phone: (949) 461-3400. FAX (949) 461-3511
CERTIFICATION: I, Lisa Berglund, City Clerk of the City of Lake Forest, California, hereby certify that the foregoing agenda was posted for public review at City Hall on June 13, 2024.
Lisa Berglund
City Clerk
June 18, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 11
CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/18/2024
DEPARTMENT: City Clerk
SUBJECT:
RECOGNITION OF COMMUNITY HERO VANESSA BURDICK
RECOMMENDED ACTION(S):
Present a certificate of recognition.
EXECUTIVE SUMMARY:
Vanessa Burdick served as the Director for the Peace Community Resource Center at Saddleback Church, where she oversaw community services ranging from food distribution to those experiencing food insecurity to tutoring programs in math and science. Vanessa has also been a reliable volunteer for the City of Lake Forest, providing thoughtful invocations at Council meetings, as well as being an enthusiastic participant at Lake Forest community programs, such as the Clean Lake Forest and Dump Day events.
Staff recommends the City Council present a certificate of recognition to Community Hero Vanessa Burdick for helping build a strong connection between the City and Saddleback Church and for her years of service to the community in Lake Forest.
FISCAL IMPACT:
There is no fiscal impact associated with this recommendation.
ATTACHMENTS:
Certificate of Recognition
Initiated By: Thy Merritt, Assistant City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 2
12 ATTACHMENT
Item: 2
13 CERTIFICATE OF RECOGNITION
THE LAKE FOREST CITY COUNCIL
HEREBY RECOGNIZES
Vanessa Burdick
The City Council and City of Lake Forest would like to thank you for your service to the community.
June 18, 2024
________________________
MARK TETTEMER
MAYOR
________________________
SCOTT VOIGTS
MAYOR PRO TEM
_________________________
ROBERT PEQUEÑO
COUNCIL MEMBER
________________________
DOUG CIRBO
COUNCIL MEMBER
________________________
BENJAMIN YU
COUNCIL MEMBER
Item: 2
14 CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/18/2024
DEPARTMENT: Management Services
SUBJECT:
Multicultural Festival Summary
RECOMMENDED ACTION(S):
Receive and File.
EXECUTIVE SUMMARY:
On Saturday, June 8, 2024, the City held its first Multicultural Festival at the Civic Center Campus from 3 PM to 7 PM. The event was a wonderful opportunity to come together and celebrate the variety of cultural influences here in Lake Forest. Over 1,200 people attended and enjoyed music and dance performances from around the world, including the Bollywood Dance Company, Mariachi Toro, Hanabi Taiko Drummers, and a Lion & Dragon dance on the turf grass area. The crowd cheered as the dragons paraded through the seated on- lookers. The community also had the chance to experience food from Mediterranean, Mexican, Chinese, Belgian, Indian, and American cuisines.
Additionally, exhibit booths showcased a variety of cultural traditions from different parts of the globe.
Staff recommends the City Council receive and file a report from staff summarizing the success of the City’s first Multicultural Festival.
FISCAL IMPACT:
There is no fiscal impact of the recommended action.
ATTACHMENTS:
None.
Initiated By: Laura Lisack, Recreation Manager
Submitted By: Sean McGovern, Deputy City Manager
Approved By: Debra Rose, City Manager
Item: 3
15 CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/18/2024
DEPARTMENT: City Manager
SUBJECT:
TASTE OF LAKE FOREST RETURNS
RECOMMENDED ACTION(S):
Receive and file the 2024 Taste of Lake Forest presentation.
EXECUTIVE SUMMARY:
The Taste of Lake Forest is an annual event hosted since 2011 in collaboration with the Lake Forest Chamber of Commerce. The event provides a platform for local restaurants to showcase their culinary offerings, fostering community engagement and celebrating the diverse flavors of Lake Forest's dining scene.
The event will return in 2024, cohosted by the Chamber of Commerce and sponsored by Orange County (“OC”) Supervisor Donald P. Wagner, CR&R Environmental Services, and OC Parks, on June 21, 2024, at Heritage Hill Historical Park, from 4:30 to 8:00 p.m.
Attendees can anticipate a range of experiences, including sampling dishes from 28 local restaurants, enjoying a beer and wine garden, participating in an opportunity drawing, and being entertained by live music from 90s Rockshow.
Tickets are priced at $40 per person through the event’s website, and $45 dollars at the door, available exclusively to individuals aged 18 and up. Tickets can be purchased through the event's website (TasteofLF.com).
FISCAL IMPACT:
There is no fiscal impact associated with the recommended item.
ATTACHMENTS:
None.
Initiated By: Hope Hairrell, Management Assistant
Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
Item: 4
16 CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/18/2024
DEPARTMENT: City Clerk
SUBJECT:
MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES
RECOMMENDED ACTION(S):
Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.
EXECUTIVE SUMMARY:
California Government Code 36934 allows titles of ordinances and resolutions to be waived.
FISCAL IMPACT:
There is minimal fiscal impact associated with the recommended action.
ATTACHMENTS:
None.
Submitted By: Lisa Berglund, MPA, City Clerk
Approved By: Debra Rose, City Manager
14 Item: 5
17 MINUTES OF A REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST
The regular meeting of the City Council of the City of Lake Forest held Tuesday, June 4, 2024, at the Lake Forest City Council Chambers, 100 Civic Center Drive, Lake Forest, California, was called to order at 6:30 p.m. with all members present.
ROLL CALL:
Council Members:
Doug Cirbo
Robert Pequeño
Benjamin Yu
Mayor Pro Tem: Scott Voigts
Mayor: Mark Tettemer
City Manager: Debra Rose
City Attorney: Matthew E. Richardson
City Clerk: Lisa Berglund
INVOCATION: The Invocation was provided by Glen Baun, Lake Forest Ward of the Church of Jesus Christ of Latter-day Saints.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Girl Scout Troop #8629.
PRESENTATIONS: (Item Nos. 1 – 3)
Council Member Yu welcomed Captain Pultz and thanked him for his assistance with the first Neighborhood Watch Community meeting held May 22, 2024, in the Meadows community.
MOTION: It was moved by Council Member Yu, seconded by Mayor Pro Tem Voigts, to approve Presentation Item Nos. 1 – 3. The motion was carried by a vote of 5/0.
1. INTRODUCTION OF CHIEF OF LAKE FOREST POLICE SERVICES OCSD
CAPTAIN DAVID PULTZ
City Manager Rose provided an introduction and Captain Pultz provided brief remarks. Andrew O’Connor provided public comment and expressed concerns with public safety issues and requested a public safety report.
ACTION: The presentation was received and filed.
2. LAKE FOREST MULTICULTURAL FESTIVAL
City Manager Rose introduced this item and invited Management Analyst Houston to provide a presentation. No public comment was offered.
Item: 6
18 June 4, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 2 of 6 ACTION: The presentation introducing the City's upcoming Multicultural Festival to be held on June 8, 2024 was received and filed.
3. TASTE OF LAKE FOREST RETURNS
City Manager Rose introduced this item and invited Management Assistant Hairrell to provide a presentation. No public comment was offered.
ACTION: The 2024 Taste of Lake Forest presentation was received and filed.
PUBLIC COMMENTS:
Andrew O’Connor expressed concerns about the City Manager evaluation process, the costs of sinkhole repairs and facility maintenance, and safety for students.
James Hong urged the Council to consider events celebrating the United States as a Christian nation.
Marcel Louis XIV expressed his continued interest in speaking with City staff on the annexation of Foothill Ranch.
Edward Cheng expressed his interest in communicating with the Code Enforcement Division about alcohol beverage sales and outdoor dining.
CONSENT CALENDAR: (Item Nos. 4 – 12)
MOTION: It was moved by Mayor Pro Tem Voigts, seconded by Council Member Yu, to approve Consent Calendar Items Nos. 4 – 12. The motion was carried by a vote of 5/0.
4. MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES ACTION: Said Ordinances and Resolutions which appeared on the public agenda were determined to have been read by title and further reading waived.
5. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MAY 21, 2024
Andrew O’Connor provided public comment on public comments made by Sean Fletcher and Council Member Pequeño.
ACTION: The minutes were approved as submitted.
6. INDEPENDENCE DAY PARADE ROAD CLOSURES AND RELATED
ACTIVITIES ON JULY 4, 2024
ACTION: 1. Road closures of race and parade route from 5:00 a.m. - 2:00 p.m. on July 4, 2024 were approved. 2. Public Works was directed to provide required Item: 6
19 June 4, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 3 of 6 traffic control devices and crews for road closures. 3. The Orange County Sheriff’s Department was directed to staff road closures and patrol events. 4.
Additional street sweeping of the route was approved.
7. FIRST AMENDMENT TO AGREEMENTS WITH ARDURRA GROUP, INC. AND
ANNEALTA GROUP FOR MUNICIPAL ENGINEERING/ STAFF
AUGMENTATION SERVICES
ACTION: 1. The First Amendment to the Professional Services Agreement with Ardurra Group, Inc. for Municipal Engineering/ Staff Augmentation Services was approved. 2. The First Amendment to the Professional Services Agreement with Annealta Group for Municipal Engineering/ Staff Augmentation Services was approved. 3. The Mayor was authorized to execute, and the City Clerk to attest, the First Amendment to the Agreement with Ardurra Group, Inc., substantially in the form attached. 4. The Mayor was authorized to execute, and the City Clerk to attest, the First Amendment to the Agreement with Annealta Group, substantially in the form attached.
8. AWARD OF AGREEMENT FOR JANITORIAL SERVICES AT THE SPORTS
PARK AND RECREATION CENTER
ACTION: 1. The Agreement for Maintenance Services with a compensation amount of $300,000 to Crown Facility Solutions for janitorial maintenance services at the Sports Park and Recreation Center was approved. 2. The Mayor was authorized to sign, and the City Clerk attest, the Agreement for Maintenance Services with Crown Facility Solutions, substantially in the form attached.
9. AWARD OF AGREEMENT FOR BUS SHELTER MAINTENANCE SERVICES Andrew O’Connor offered public comment and expressed concerns with the light fixtures within bus shelters.
ACTION: 1. The Agreement for Maintenance Services in the amount of $211,145.70 was awarded to ShelterClean Services, Inc., for Bus Shelter Maintenance Services. 2. The Mayor was authorized to sign, and the City Clerk to attest, the award of contract to ShelterClean Services, Inc., substantially in the form attached.
10. AWARD OF CONTRACT FOR LAKE FOREST CITYWIDE ELECTRICAL
MAINTENANCE SERVICES
ACTION: 1. An Agreement for Maintenance Services in the amount of $397,200 was awarded to Access Electrical Services, Inc., for Lake Forest Citywide Electrical Maintenance Services. 2. The Mayor was authorized to sign, and the Item: 6
20 June 4, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 4 of 6 City Clerk to attest, the award of an Agreement for Maintenance Services to Access Electrical Services, Inc., substantially in the form attached.
11. FIRST AMENDEMENT TO THE AGREEMENT WITH CONVERGINT
TECHNOLOGIES, LLC FOR CCTV MAINTENANCE SERVICES FOR FISCAL YEAR 2024-25
ACTION: 1. The First Amendment to the Agreement with Convergint Technologies, LLC for CCTV Maintenance for Fiscal Year 2024-25 was approved. 2. The Mayor was authorized to sign, and the City Clerk to attest, the First Amendment to the Agreement, substantially in the form attached.
12. CONSIDERATION OF THE SMALL BUSINESS DEVELOPMENT CENTER (“SBDC”) MAIN ST. DIGITAL PROGRAM
ACTION: 1. The City Council authorized the City Manager to negotiate and enter into an Agreement with the Cal State University Fullerton Auxiliary Services Corp for the provision of Main St. Digital Services. 2. A Resolution Entitled: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2023-2025 OPERATING BUDGET;
AMENDING APPROPRIATIONS FOR FISCAL YEAR 2023-24 was adopted.
Council Member Pequeño announced that he would no longer be reading a statement following public comment like he has in the previous two City Council meetings.
Council Member Voigts offered an explanation to the public that the public comment portion of the meeting is not meant for dialog between the public and the City Council.
DISCUSSION/ACTION ITEMS: (Item Nos. 13 – 15)
13. AWARD AGREEMENT FOR RESIDENTIAL AND COMMERCIAL SOLID
WASTE COLLECTION SERVICES
City Manager Rose introduced this item and invited Administrative Services Manager Groves and President of EcoNomics William O’Toole to provide a presentation. Andrew O’Connor offered public comment and expressed concerns with Mayor Pro Tem Voigts and the costs of the agreement. President of Valley Vista Services David Perez offered public comment and thanked staff and Council members for the opportunity to participate in a professional procurement process. Council member questions were asked and answered.
MOTION: It was moved by Council Member Yu, seconded by Council Member Pequeño, to: 1. Approve Agreement for the Collection, Transportation, Processing, and Diversion of Recyclable Materials, Food Scraps, Yard Trimmings, Construction and Demolition Debris and Other Materials, and for the Collection, Transportation, and Disposal of Municipal Solid Waste to CR&R, Item: 6
21 June 4, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 5 of 6 Incorporated. 2. Authorize the Mayor to sign, and the City Clerk to attest, the Solid Waste and Recycling Agreement substantially in the form attached. 3.
Direct staff to set a public hearing to adopt proposed rates in accordance with Proposition 218. The motion was carried by a vote of 5/0.
14. FISCAL YEAR 2024-25 BUDGET APPROPRIATION
City Manager Rose introduced this item and invited Finance Director Shirah to provide a presentation. No public comment was offered. Council questions were asked and answered.
MOTION: It was moved by Mayor Pro Tem Voigts, seconded by Council Member Yu, to: 1. Adopt a Resolution entitled: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2023-2025 OPERATING BUDGET; AMENDING APPROPRIATIONS FOR FISCAL YEAR 2023-24. 2. Adopt a Resolution entitled: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, APPROPRIATING FUNDS FOR FISCAL YEAR 2024-25 ONLY AND
AUTHORIZING CERTAIN ACTIONS WITH APPROPRIATIONS. The motion was carried by a vote of 5/0.
15. CALIFORNIA CONSITUTION ARTICLE XIIIB APPROPRIATIONS LIMIT City Manager Rose introduced this item and invited Finance Director Shirah to provide a brief summary. No public comment was offered.
MOTION: It was moved by Council Member Pequeño, seconded by Mayor Pro Tem Voigts, to adopt a Resolution entitled: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, APPROVING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-25 IN THE AMOUNT OF $166,646,632. The motion was carried by a vote of 5/0.
CITY MANAGER'S REPORT: City Manager Rose had nothing further to report.
CITY COUNCIL COMMENTS:
Council Member Cirbo: Council Member Cirbo reported on his attendance at the Family Assistance Ministries’ Annual Fundraising
Gala.
Council Member Pequeño: Council Member Pequeño thanked staff for their hard work and welcomed Captain Pultz. He reported on his
attendance at the Memorial Day ceremony at El Toro
Memorial Cemetery and a legislative luncheon with
Assemblymember Diane Dixon.
Item: 6
22 June 4, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 6 of 6 Council Member Yu: Council Member Yu reminded everyone of the Multicultural event on Saturday. He welcomed Captain
Pultz and thanked him for the Neighborhood Watch
Community meeting held at the Meadows community.
He recognized Sean Fletcher for his work with Clean
Lake Forest and requested consensus to bring an
item to discuss adding Council member photos to
individual Council letterhead. Consensus was
received.
Mayor Pro Tem Voigts: Mayor Pro Tem Voigts reported on his attendance at the Memorial Day ceremony at El Toro Memorial
Cemetery and a legislative luncheon with
Assemblymember Diane Dixon.
Mayor Tettemer: Mayor Tettemer reported on his attendance at the Memorial Day ceremony at El Toro Memorial
Cemetery and a legislative luncheon with
Assemblymember Diane Dixon. He thanked staff for
the Lost Landmarks of Orange County book release
event and reminded everyone that the Sports Park
was turning 10 years old.
ADJOURNMENT: The Regular Meeting of the City Council was adjourned at 8:30 p.m. in memory of Donald Lee Blankenship.
Respectfully submitted:
APPROVED:
LISA BERGLUND MARK TETTEMER
CITY CLERK MAYOR
Item: 6
23 CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/18/2024
DEPARTMENT: Finance
SUBJECT:
CERTIFICATION OF WARRANT REGISTER
RECOMMENDED ACTION(S):
Approve the warrant register in the amount of $6,600,734.72.
EXECUTIVE SUMMARY:
In accordance with Government Code Section 37202 and Lake Forest Municipal Code Chapter 3.16, the official below certifies that 1) the invoices of the warrant register have been properly reviewed and 2) funds are available for payment of the warrants.
FISCAL IMPACT:
The amount of the warrant register is $6,600,734.72.
ATTACHMENTS:
Warrant Register
Submitted By: Kevin Shirah, Director of Finance/City Treasurer Approved By: Debra Rose, City Manager
Item: 7
24 Attachment
Item: 7
25 6/6/2024 1:18:25 PM Page 1 of 20
Check Report
City of Lake Forest By Check Number
Date Range: 05/01/2024 - 05/31/2024
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount Bank Code: OP-Operating
Payment Type: Manual
THB000000 EMPLOYEE PAYROLL CHECK 05/03/2024 11165483.76Manual 0.00 11165 Invoice 05/03/2024 LIVE ADP CHECK 11165 PPE 04/26/2024 483.760.00 THB000000 EMPLOYEE PAYROLL CHECK 05/03/2024 11166431.49Manual 0.00 11166 Invoice 05/03/2024 LIVE ADP CHECK 11166 PPE 04/26/2024 431.490.00 THB000000 EMPLOYEE PAYROLL CHECK 05/03/2024 11167425.31Manual 0.00 11167 Invoice 05/03/2024 LIVE ADP CHECK 11167 PPE 04/26/2024 425.310.00 THB000000 EMPLOYEE PAYROLL CHECK 05/17/2024 1116854.49Manual 0.00 11168 Invoice 05/17/2024 LIVE ADP CHECK 11168 PPE 05/10/2024 54.490.00 THB000000 EMPLOYEE PAYROLL CHECK 05/17/2024 11169507.73Manual 0.00 11169 Invoice 05/17/2024 LIVE ADP CHECK 11169 PPE 05/10/2024 507.730.00 THB000000 EMPLOYEE PAYROLL CHECK 05/17/2024 11170503.54Manual 0.00 11170 Invoice 05/17/2024 LIVE ADP CHECK 11170 PPE 05/10/2024 503.540.00 THB000000 EMPLOYEE PAYROLL CHECK 05/31/2024 11171114.29Manual 0.00 11171 Invoice 05/31/2024 LIVE ADP CHECK 11171 PPE 05/24/2024 114.290.00 THB000000 EMPLOYEE PAYROLL CHECK 05/31/2024 11172769.28Manual 0.00 11172 Invoice 05/31/2024 LIVE ADP CHECK 11172 PPE 05/24/2024 769.280.00 THB000000 EMPLOYEE PAYROLL CHECK 05/31/2024 11173636.74Manual 0.00 11173 Invoice 05/31/2024 LIVE ADP CHECK 11173 PPE 05/24/2024 636.740.00 THB000000 EMPLOYEE PAYROLL CHECK 05/31/2024 11174333.64Manual 0.00 11174 Invoice 05/31/2024 LIVE ADP CHECK 11174 PPE 05/24/2024 333.640.00 4,260.27Total Manual: 0.00
Item: 7
26 Check Report Date Range: 05/01/2024 - 05/31/2024
6/6/2024 1:18:25 PM Page 2 of 20
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount Payment Type: Regular
THB001803 KAY M YOSHINO 05/30/2024 803069-158.70Regular 0.00 10363 THE PRINTERY INC 05/09/2024 803317-14,368.51Regular 0.00 10430 A&H COMMUNICATIONS INC 05/02/2024 80332718,353.32Regular 0.00 980002256 Invoice 05/02/2024 LOW VOLTAGE SYSTEM MAINTENANCE JA… 18,353.320.00 10001 ABTECH TECHNOLOGIES INC 05/02/2024 8033285,625.00Regular 0.00 312038S-IN Invoice 05/02/2024 NETWORK SWITCH REPLACEMENT SPORTS… 5,625.000.00 10009 AGE WELL SENIOR SERVICES 05/02/2024 8033294,591.13Regular 0.00 0324 Invoice 05/02/2024 SENIOR MOBILITY PROGRAM MAR 4,591.130.00 10017 ALL CITY MANAGEMENT 05/02/2024 80333010,046.40Regular 0.00 92778 Invoice 05/02/2024 CROSSING GUARD SERVICES 3/31 - 4/13 10,046.400.00 10019 ALLIANT INSURANCE SERVICES 05/02/2024 803331222.00Regular 0.00 04/19/2024 Invoice 05/02/2024 SPECIAL EVENT INS FOR CLEAN LF EVENTS … 222.000.00 10021 ALLURE PEST MANAGEMENT INC 05/02/2024 803332150.00Regular 0.00 116631 Invoice 05/02/2024 2021-050 EL TORO FRONTAGE IRRIG BEE T… 150.000.00 11064 AMERICO BUILDERS, LLC 05/02/2024 80333310,000.00Regular 0.00 COMB-12-21-511…Invoice 05/02/2024 REFUND C&D DEPOSIT 10,000.000.00 11062 ANTONIO J MEDEIROS 05/02/2024 8033343,045.00Regular 0.00 2010 Invoice 05/02/2024 AV SERVICES PERMIT 7659 PAC 4/5 1,260.000.00 2011 Invoice 05/02/2024 AV SERVICES PERMIT 8083 PAC 4/7 630.000.00 2012 Invoice 05/02/2024 AV SERVICES PERMIT 7972 PAC 4/10 1,155.000.00 10037 AQUABIO ENVIRONMENTAL 05/02/2024 8033353,095.00Regular 0.00 101920 Invoice 05/02/2024 LAKE MAINTENANCE APR VETERANS PARK 3,095.000.00 10043 AT&T 05/02/2024 8033361,287.10Regular 0.00
3772288805 Invoice 05/02/2024 CIVIC CENTER PRIMARY INTERNET SERVICE… 1,287.100.00 10044 AT&T CALNET3 05/02/2024 803337387.47Regular 0.00
000021565254 Invoice 05/02/2024 CIVIC CENTER EMERGENCY PHONE LINES 3… 387.470.00 10502 BKF ENGINEERS 05/02/2024 8033384,941.25Regular 0.00 24041164 Invoice 05/02/2024 LOS ALISOS/MUIRLANDS 2ND LEFT TURNS… 4,941.250.00 10075 CALIFORNIA YELLOW CAB 05/02/2024 8033391,574.73Regular 0.00 3508024 Invoice 05/02/2024 SENIOR TRANSPORTATION MAR 1,574.730.00 11051 CARLOS SANTOS MARTINEZ 05/02/2024 8033406,168.19Regular 0.00 22217 Invoice 05/02/2024 VEHICLE REPAIRS 2019 DODGE DURANGO 6,168.190.00 10090 CHARGEPOINT INC 05/02/2024 8033416,164.55Regular 0.00 IN258328 Invoice 05/02/2024 EV CHARGING STATION REPAIR 6,164.550.00 10093 CITY OF IRVINE 05/02/2024 803342100.00Regular 0.00 24JUL31 Invoice 05/02/2024 COMMERCIAL ENFORCEMENT OFFICER TR… 100.000.00 10104 CONVERGINT TECHNOLOGIES LLC 05/02/2024 8033433,004.83Regular 0.00 IN00181345 Invoice 05/02/2024 CCTV MONTHLY MAINTENANCE APR 3,004.830.00 10113 CROWN FACILITY SOLUTIONS 05/02/2024 8033442,328.43Regular 0.00 3048 Invoice 05/02/2024 JANITORIAL SERVICES PERMIT 6430 PAC 2… 519.300.00 3071 Invoice 05/02/2024 JANITORIAL SERVICES PERMIT 7446 PAC 2… 349.830.00 3076 Invoice 05/02/2024 JANITORIAL SERVICES BASEBALL TOURNA… 218.320.00 3173 Invoice 05/02/2024 JANITORIAL SERVICES PERMIT 6619 PAC 3… 413.600.00 3233 Invoice 05/02/2024 JANITORIAL SERVICES PERMIT 7639 COMM… 458.890.00 3234 Invoice 05/02/2024 JANITORIAL SERVICES PERMIT 6941 COMM… 368.490.00 10443 CUMMINS INC CUMMINS SALES AND SERVICE 05/02/2024 803345788.08Regular 0.00 Item: 7
27 Check Report Date Range: 05/01/2024 - 05/31/2024
6/6/2024 1:18:25 PM Page 3 of 20
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount X9-26483 Invoice 05/02/2024 CIVIC CENTER GENERATOR CORRECTION … 788.080.00 10117 DANIEL E DUNKLEBERG 05/02/2024 80334650.00Regular 0.00 35010 Invoice 05/02/2024 NAME PLATE FOR COMMISSIONER LANCA… 50.000.00 10134 ECONOMICS INC 05/02/2024 80334741,802.28Regular 0.00 2021-22.33 Invoice 05/02/2024 PROFESSIONAL SERVICES MAR 15,905.380.00 2022.25 Invoice 05/02/2024 PROFESSIONAL SERVICES SOLID WASTE RF… 25,896.900.00 11065 GARY & NANCY CAINE 05/02/2024 8033481,800.00Regular 0.00 RESB-01-23-58566 Invoice 05/02/2024 REFUND C&D DEPOSIT 1,800.000.00 10170 GMU GEOTECHNICAL INC 05/02/2024 80334924,372.50Regular 0.00 65622 Invoice 05/02/2024 SLURRY SEAL ZONE A MATERIALS TESTING… 24,372.500.00 10172 GOVERNANCE SCIENCES GROUP INC 05/02/2024 8033507,425.00Regular 0.00 2024-LakeForest… Invoice 05/02/2024 FLASH VOTE CONTACT (1/1 - 9/30 2024) 7,425.000.00 11068 GUADALUPE MONTES 05/02/2024 803351536.79Regular 0.00 04/18/2024 Invoice 05/02/2024 REIMBURSEMENT TOW FEES 536.790.00 11070 HAIR JUNGLE 05/02/2024 8033521,050.00Regular 0.00 COMB-11-23-623…Invoice 05/02/2024 REFUND C&D DEPOSIT 1,050.000.00 11072 HOF'S HUT RESTAURANTS INC 05/02/2024 803353652.75Regular 0.00 04/19/2024 Invoice 05/02/2024 CAMPOUT FOOD 7/13/2024 652.750.00 10593 IPERMIT 05/02/2024 803354125.60Regular 0.00
RESB-03-24-63137 Invoice 05/02/2024 REFUND CANCELLED PERMIT 125.600.00 10199 JACOB GREEN 05/02/2024 8033551,545.20Regular 0.00 2576 Invoice 05/02/2024 EMERGENCY MANAGEMENT CONSULTANT… 1,545.200.00 10442 JGC ENTERPRISES INC GAMETRUCK 05/02/2024 803356925.00Regular 0.00 8944 Invoice 05/02/2024 GAMES FOR SUMMER CAMP 6/11, 6/14 925.000.00 10472 JUMP N BOUNCE LLC 05/02/2024 8033571,583.00Regular 0.00 38942 Invoice 05/02/2024 SLIDES FOR SUMMER CONCERT 6/22/24 1,091.000.00 39041 Invoice 05/02/2024 SLIDES FOR CAMPOUT 7/13/2024 492.000.00 10222 KNOWBE4 INC 05/02/2024 8033583,303.72Regular 0.00 INV307995 Invoice 05/02/2024 CYBERSECURITY TRAINING DIGITAL SUBSC… 3,303.720.00 10495 KONICA MINOLTA 05/02/2024 803359224.93Regular 0.00 44584678 Invoice 05/02/2024 C300I COPIER LEASE COMM CTR APR 224.930.00 10223 KONICA MINOLTA BUSINESS 05/02/2024 8033602,964.48Regular 0.00 1083202 Invoice 05/02/2024 SHAREPOINT ONLINE PROFESSIONAL SVCS … 185.000.00 1083319 Invoice 05/02/2024 SHAREPOINT ONLINE PROFESSIONAL SVCS … 370.000.00 1085445 Invoice 05/02/2024 SHAREPOINT ONLINE PROFESSIONAL SVCS … 462.500.00 1092201 Invoice 05/02/2024 SHAREPOINT ONLINE PROFESSIONAL SVCS … 92.500.00 1093472 Invoice 05/02/2024 SHAREPOINT ONLINE PROFESSIONAL SVCS … 185.000.00 1094888 Invoice 05/02/2024 SHAREPOINT ONLINE PROFESSIONAL SVCS … 1,202.500.00 9009889835 Invoice 05/02/2024 MAINTENANCE FOR 26 HP PRINTERS 3/15 -… 466.980.00 10225 KWIKEY S LOCK AND KEY INC 05/02/2024 803361241.12Regular 0.00 041524 Invoice 05/02/2024 KEY DUPLICATION APR CIVIC CENTER 71.120.00 041724 Invoice 05/02/2024 LOCK REPAIR APR PORTOLA PARK 170.000.00 11071 LEONA PROKOPOWICZ 05/02/2024 803362450.00Regular 0.00 2024/006 Invoice 05/02/2024 RECREATION PROGRAM PHOTOS 450.000.00 10232 LGC GEOTECHNICAL INC 05/02/2024 803363820.88Regular 0.00 01-20814 Invoice 05/02/2024 2022-123 3RD PARTY REVIEW (GEO) ASCE… 820.880.00 10478 LOCAL AGENCY ENGINEERING ASSOCIATES INC 05/02/2024 803364560.00Regular 0.00 Item: 7
28 Check Report Date Range: 05/01/2024 - 05/31/2024
6/6/2024 1:18:25 PM Page 4 of 20
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 24-155 Invoice 05/02/2024 JERONIMO/MUIRLANDS ARTERIAL SLURRY… 560.000.00 10243 MATRIX IMAGING PRODUCTS INC 05/02/2024 80336510,247.24Regular 0.00 20240403 Invoice 05/02/2024 MATRIX DOCUMENT SCANNING & IMAGI… 10,247.240.00 10244 MERCY HOUSE LIVING CENTERS INC 05/02/2024 8033664,137.37Regular 0.00 5001-24-02 Invoice 05/02/2024 HOMELESS OUTREACH SERVICES FEB 4,137.370.00 10250 MONOGRAM MAGIC 05/02/2024 80336790.51Regular 0.00 12804 Invoice 05/02/2024 UNIFORM - HATS/SHIRTS EMBROIDERY APR 90.510.00 11006 MYROSLAVA CHERNEKO 05/02/2024 803368120.00Regular 0.00 2002924.021 Invoice 05/02/2024 REFUND BRAINY BOTS 12409 120.000.00 11067 OC CONSTRUCTION & CONSULTING 05/23/2024 803369-3,900.00Regular 0.00 11067 OC CONSTRUCTION & CONSULTING 05/02/2024 8033693,900.00Regular 0.00 COMB-03-23-593…Invoice 05/02/2024 REFUND C&D DEPOSIT 3,900.000.00 10287 PITNEY BOWES INC 05/02/2024 803370912.99Regular 0.00 3106622682 Invoice 05/02/2024 POSTAGE LEASE & SUPPLIES 2/28 - 5/27 912.990.00 10300 QUALITY CODE PUBLISHING 05/02/2024 8033711,340.00Regular 0.00 GC00125161 Invoice 05/02/2024 LF MUNICODE SERVICES 1,340.000.00 10477 READWRITE EDUCATIONAL SOLUTIONS INC 05/02/2024 8033721,243.20Regular 0.00 12376 Invoice 05/02/2024 SPRING 2024 INSTRUCTOR PAYMENT 207.200.00 12379 Invoice 05/02/2024 SPRING 2024 INSTRUCTOR PAYMENT 725.200.00 12382 Invoice 05/02/2024 SPRING 2024 INSTRUCTOR PAYMENT 310.800.00 10611 SCOTT VOIGTS 05/02/2024 80337349.31Regular 0.00
Q1 2024 Invoice 05/02/2024 EXP REIMB MILEAGE JAN - MAR 2024 49.310.00 10325 SHELTERCLEAN SERVICES INC 05/02/2024 8033743,334.15Regular 0.00 770860 Invoice 05/02/2024 2019-044 BUS SHELTER MAINTENANCE M… 3,116.650.00 770861 Invoice 05/02/2024 2019-044 BUS SHELTER REPAIR MAR 217.500.00 10329 SO CAL INDUSTRIES 05/02/2024 803375114.28Regular 0.00 685394 Invoice 05/02/2024 PORTALET RENTALS 4/16 - 5/13 114.280.00 10335 SOUTHERN CALIFORNIA EDISON 05/02/2024 80337620,146.25Regular 0.00 3611 04/15/2024 Invoice 05/02/2024 PARK UTILITIES MPS, LFSP MAR 11,410.220.00 5025 04/15/2024 Invoice 05/02/2024 TRAFFIC SIGNAL UTILITIES MAR 8,736.030.00 10337 SOUTHERN CALIFORNIA NEWS GROUP 05/02/2024 8033771,186.84Regular 0.00 0000586085 Invoice 05/02/2024 PUBLIC HEARING NOTICES MAR 1,186.840.00 10505 STUDIO TWO BLACK DIAMOND PRINTING & GRAPHICS05/02/2024 803378711.71Regular 0.00 101230 Invoice 05/02/2024 CITY COUNCIL BUSINESS CARDS - B. YU 70.040.00 101252 Invoice 05/02/2024 CORRECTION NOTICE PADS FOR BUILDING… 641.670.00 10909 SUNRUN INSTALLATION SERVICES INC 05/02/2024 803379327.33Regular 0.00 RESB-12-23-62415 Invoice 05/02/2024 REFUND CANCELLED PERMIT 327.330.00 10347 SUPERIOR PROPERTY SERVICES INC 05/02/2024 8033802,500.00Regular 0.00 18081 Invoice 05/02/2024 2023-022 RESTROOM PAINTING APR EL T… 2,500.000.00 10902 TESLA 05/02/2024 803381256.45Regular 0.00
RESB-06-23-60658 Invoice 05/02/2024 REFUND CANCELLED PERMIT 256.450.00 11063 THE HOME DEPOT 05/02/2024 80338296.40Regular 0.00 RESB-03-24-63212 Invoice 05/02/2024 REFUND CANCELLED PERMIT 96.400.00 10361 THE ORANGE COUNTY REGISTER 05/02/2024 803383134.95Regular 0.00 8651 04/12/2024 Invoice 05/02/2024 ANNUAL SUBSCRIPTION 134.950.00 11069 TQS CONSTRUCTION, INC 05/02/2024 8033844,350.00Regular 0.00 Item: 7
29 Check Report Date Range: 05/01/2024 - 05/31/2024
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Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount COMB-05-23-604…Invoice 05/02/2024 REFUND C&D DEPOSIT 4,350.000.00 10372 TRABUCO CANYON WATER DISTRICT 05/02/2024 803385271.26Regular 0.00 04/16/2024 Invoice 05/02/2024 MPS UTILITY EL TORO RD/PORTOLA METER… 271.260.00 10595 TRANSTECH ENGINEERS, INC 05/02/2024 8033867,235.00Regular 0.00 20242471 Invoice 05/02/2024 CACI SENIOR CENTER PATIO COVER MAR 7,235.000.00 10390 US BANK CORPORATE PAYMENT 05/02/2024 80338744,413.72Regular 0.00 4348 04/25/2024 Invoice 05/02/2024 CAL-CARD PURCHASES APR 43,785.770.00 6249 04/25/2024 Invoice 05/02/2024 CAL-CARD PURCHASES APR 627.950.00 10398 VERIZON WIRELESS 05/02/2024 803388259.90Regular 0.00 9961110485 Invoice 05/02/2024 CELLULAR DATA FOR PARKS CCTV 3/9 - 4/8 259.900.00 10937 WALTER GERSON 05/02/2024 803389500.00Regular 0.00 2002922.021 Invoice 05/02/2024 REFUND PERMIT 7972 500.000.00 10410 Z&K CONSULTANTS INC 05/02/2024 80339019,843.00Regular 0.00 2061 Invoice 05/02/2024 ARBOR SEWER LATERAL CONTRACT ADMI… 19,843.000.00 10009 AGE WELL SENIOR SERVICES 05/09/2024 8033911,980.00Regular 0.00 JAN - MAR 2024 Invoice 05/09/2024 CDBG SUBRECIPIENT 3RD QTR 2024 1,980.000.00 10021 ALLURE PEST MANAGEMENT INC 05/09/2024 803392150.00Regular 0.00 117768 Invoice 05/09/2024 BEE/WASP TREATMENT APR LFSP 150.000.00 11073 ALPA SHAH 05/09/2024 803393150.00Regular 0.00
03/26/2024 Invoice 05/09/2024 DEPOSIT FOR HENNA ARTISTS 6/8 MULTIC… 150.000.00 11062 ANTONIO J MEDEIROS 05/09/2024 803394840.00Regular 0.00 2016 Invoice 05/09/2024 AV SERVICES PERMIT 8003 PAC 4/27 840.000.00 10039 ARDURRA GROUP INC 05/09/2024 80339569,899.75Regular 0.00 148225 Invoice 05/09/2024 2021-030 PROFESSIONAL SERVICES MAR 69,899.750.00 10052 BEAR ELECTRICAL SOLUTIONS INC 05/09/2024 80339624,123.50Regular 0.00 22302 Invoice 05/09/2024 TRAFFIC SIGNAL MAINT - RESPONSE MAR 10,460.000.00 22303 Invoice 05/09/2024 TRAFFIC SIGNAL MAINT/ENCROACHMENT… 5,950.000.00 22304 Invoice 05/09/2024 TRAFFIC SIGNAL MAINT - ROUTINE MAR 7,713.500.00 10074 CALIFORNIA STATE DISBURSEMENT 05/09/2024 803397147.70Regular 0.00 04/26/2024 Invoice 05/09/2024 REMIT ID 200000002413681 SDU/TRIBAL … 147.700.00 10079 CALPERS LONG TERM CARE PROGRAM 05/09/2024 803398238.85Regular 0.00 15303593 Invoice 05/09/2024 EE CONT PPE 5/10/2024 238.850.00 10087 CARRIER JOHNSON 05/09/2024 803399587.50Regular 0.00 41075 Invoice 05/09/2024 SENIOR CENTER PATIO COVER CONST MAR 587.500.00 10095 CITY OF LAKE FOREST SUNSHINE CLUB 05/09/2024 803400171.00Regular 0.00 04/26/2024 Invoice 05/09/2024 SUNSHINE CLUB PPE 04/26/2024 171.000.00 10109 COUNTY OF ORANGE TREASURER TAX 05/09/2024 8034011,924,847.14Regular 0.00 AC2490072 Invoice 05/09/2024 CONTRACT SERVICES JAN - MAR 2024 AN… 124,743.370.00 SH 68369 Invoice 05/09/2024 LAW ENFORCEMENT MAY 1,800,103.770.00 10113 CROWN FACILITY SOLUTIONS 05/09/2024 8034021,491.51Regular 0.00 3237 Invoice 05/09/2024 JANITORIAL SERVICES PERMIT 7337 COMM… 859.590.00 3238 Invoice 05/09/2024 JANITORIAL SERVICES PERMIT 8003 PAC 4… 413.600.00 3239 Invoice 05/09/2024 JANITORIAL SVCS BASEBALL TOURNAMENT… 218.320.00 10114 CUCA S MEXICAN FOOD 05/09/2024 8034031,196.03Regular 0.00 425-2424 Invoice 05/09/2024 APRIL THURSDAY SENIOR LUNCEON 4/25 1,196.030.00 11075 DESKMAKERS INC 05/09/2024 8034041,134.55Regular 0.00 Item: 7
30 Check Report Date Range: 05/01/2024 - 05/31/2024
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Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 10962 Invoice 05/09/2024 TACKABLE BULLETIN BOARD 1,134.550.00 10441 FERNANDO ALVAREZ JR KIDTASTIC BUBBLES LLC 05/09/2024 803405450.00Regular 0.00 24-204 Invoice 05/09/2024 FOAM PARTY FOR SUMMER CAMP 6/21/24 450.000.00 10170 GMU GEOTECHNICAL INC 05/09/2024 8034061,060.00Regular 0.00 65725 Invoice 05/09/2024 SI FI / GREAT SCOTT POLYMER PAVEMENT… 1,060.000.00 10178 HABITAT RESTORATION SCIENCES 05/09/2024 803407935.90Regular 0.00 13421 Invoice 05/09/2024 CIVIC CENTER HABITAT MITIGATION MAR 935.900.00 10181 HDL COREN & CONE 05/09/2024 8034085,312.50Regular 0.00 SIN038137 Invoice 05/09/2024 4TH QTR 23/24 CONTRACT SERVICES - PR… 5,312.500.00 10191 INTERNATIONAL INSTITUTE OF MUNICIPAL CLERKS05/09/2024 803409225.00Regular 0.00 04/02/2024 Invoice 05/09/2024 ANNUAL MEMBERSHIP FEE 24-25 225.000.00 10195 IP VIDEO SPECIALISTS 05/09/2024 803410199.00Regular 0.00 7318 Invoice 05/09/2024 SKATE PARK WEB CAM 199.000.00
10200 JAMES L BLACKBURN 05/09/2024 8034115,307.39Regular 0.00 32309 Invoice 05/09/2024 PRINTING FOR TASTE 2024 POSTCARDS 5,307.390.00 10585 JOHN T ERTZ, INC 05/09/2024 8034121,050.00Regular 0.00 RESB-11-23-62381 Invoice 05/09/2024 REFUND C&D DEPOSIT 1,050.000.00 10448 KARI HALL DBA OC PARTY COMPANY 05/09/2024 803413815.00Regular 0.00 2601 Invoice 05/09/2024 FACE PAINTERS FOR SUMMER CONCERT 6… 815.000.00 10241 MASTER WASH INC 05/09/2024 803414350.00Regular 0.00 77613 Invoice 05/09/2024 CITY VEHICLE WASH APR 350.000.00 10468 MISSIONSQUARE 05/09/2024 80341513,797.62Regular 0.00 04/26/2024 Invoice 05/09/2024 DEFERRED COMP ACCT 303669 PPE 4/26/… 13,797.620.00 10433 MOBILE ED PRODUCTIONS INC 05/09/2024 8034161,495.00Regular 0.00 139637 Invoice 05/09/2024 SMALL SKY DOME PLANETARIUM YOUTH … 1,495.000.00 10768 NAIOP INC 05/09/2024 803417237.00Regular 0.00
900526 12/26/23 Invoice 05/09/2024 MEMBERSHIP FOR G ACKERMAN FY 24/25 237.000.00 10305 RANCHO VIEJO II HOA 05/09/2024 803418990.00Regular 0.00 22702 05/01/2024 Invoice 05/09/2024 22702 MADRID HOA PAYMENT JUN PTM-… 495.000.00 22706 05/01/2024 Invoice 05/09/2024 22706 MADRID HOA PAYMENT JUN PTM-… 495.000.00 11077 REDSHIFT COFFEE ROASTERS 05/09/2024 8034193,600.00Regular 0.00 COMB-11-23-621…Invoice 05/09/2024 REFUND C&D DEPOSIT 3,600.000.00 10925 SELF INSURED SERVICES COMPANY 05/09/2024 80342013,539.28Regular 0.00 14564 Invoice 05/09/2024 LINCOLN FIN APR 24 LIFE/STD/LTD/OPTIO… 6,738.380.00 14566 Invoice 05/09/2024 LINCOLN FIN MAY 24 LIFE/STD/LTD/OPTI… 6,800.900.00 10505 STUDIO TWO BLACK DIAMOND PRINTING & GRAPHICS05/09/2024 803421192.85Regular 0.00 101292 Invoice 05/09/2024 CNSTRCTN SITE WTR QLTY INSPCTN FORM … 192.850.00 11076 SVETLANA TULASI 05/09/2024 8034221,250.00Regular 0.00 LAURA-001 Invoice 05/09/2024 DEPOSIT FOR BOLLYWOOD DANCE GROUP… 1,250.000.00 11074 TANYA KRUG 05/09/2024 803423720.00Regular 0.00
04/25/2024 Invoice 05/09/2024 ENTERTAINMENT 4TH OF JULY PARADE 720.000.00 10363 THE PRINTERY INC 05/09/2024 8034247,080.62Regular 0.00 140407 Invoice 05/09/2024 PROP 218 NOTICE POSTAGE FOR 2024 SOL… 7,080.620.00 10649 TOLL BROS INC 05/09/2024 803425297,032.03Regular 0.00 RESB-02-23-59170 Invoice 05/09/2024 REFUND C&D DEPOSIT 8,286.300.00 RESB-02-23-59171 Invoice 05/09/2024 REFUND C&D DEPOSIT 8,286.300.00 Item: 7
31 Check Report Date Range: 05/01/2024 - 05/31/2024
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Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount RESB-02-23-59174 Invoice 05/09/2024 REFUND C&D DEPOSIT 8,286.300.00 RESB-02-23-59175 Invoice 05/09/2024 REFUND C&D DEPOSIT 9,218.160.00 RESB-02-23-59179 Invoice 05/09/2024 REFUND C&D DEPOSIT 8,679.690.00 RESB-03-23-59390 Invoice 05/09/2024 REFUND C&D DEPOSIT 8,325.000.00 RESB-03-23-59392 Invoice 05/09/2024 REFUND C&D DEPOSIT 8,325.000.00 RESB-03-23-59393 Invoice 05/09/2024 REFUND C&D DEPOSIT 8,325.000.00 RESB-03-23-59395 Invoice 05/09/2024 REFUND C&D DEPOSIT 8,358.000.00 RESB-03-23-59396 Invoice 05/09/2024 REFUND C&D DEPOSIT 8,844.000.00 RESB-03-23-59397 Invoice 05/09/2024 REFUND C&D DEPOSIT 8,844.000.00 RESB-03-23-59529 Invoice 05/09/2024 REFUND C&D DEPOSIT 8,325.000.00 RESB-03-23-59532 Invoice 05/09/2024 REFUND C&D DEPOSIT 8,358.000.00 RESB-03-23-59533 Invoice 05/09/2024 REFUND C&D DEPOSIT 8,358.000.00 RESB-03-23-59536 Invoice 05/09/2024 REFUND C&D DEPOSIT 8,844.000.00 RESB-03-23-59537 Invoice 05/09/2024 REFUND C&D DEPOSIT 6,439.320.00 RESB-03-23-59538 Invoice 05/09/2024 REFUND C&D DEPOSIT 6,439.320.00 RESB-03-23-59539 Invoice 05/09/2024 REFUND C&D DEPOSIT 6,397.470.00 RESB-03-23-59540 Invoice 05/09/2024 REFUND C&D DEPOSIT 6,408.630.00 RESB-03-23-59541 Invoice 05/09/2024 REFUND C&D DEPOSIT 6,408.630.00 RESB-06-21-47538 Invoice 05/09/2024 REFUND C&D DEPOSIT 7,415.820.00 RESB-06-21-47797 Invoice 05/09/2024 REFUND C&D DEPOSIT 7,583.220.00 RESB-06-21-47798 Invoice 05/09/2024 REFUND C&D DEPOSIT 7,714.350.00 RESB-06-21-47812 Invoice 05/09/2024 REFUND C&D DEPOSIT 7,611.120.00 RESB-07-21-48138 Invoice 05/09/2024 REFUND C&D DEPOSIT 5,345.640.00 RESB-07-21-48142 Invoice 05/09/2024 REFUND C&D DEPOSIT 5,666.490.00 RESB-07-21-48176 Invoice 05/09/2024 REFUND C&D DEPOSIT 7,259.580.00 RESB-08-23-61226 Invoice 05/09/2024 REFUND C&D DEPOSIT 10,000.000.00 RESB-08-23-61227 Invoice 05/09/2024 REFUND C&D DEPOSIT 10,000.000.00 RESB-08-23-61228 Invoice 05/09/2024 REFUND C&D DEPOSIT 10,000.000.00 RESB-08-23-61230 Invoice 05/09/2024 REFUND C&D DEPOSIT 10,000.000.00 RESB-08-23-61325 Invoice 05/09/2024 REFUND C&D DEPOSIT 10,000.000.00 RESB-08-23-61326 Invoice 05/09/2024 REFUND C&D DEPOSIT 10,000.000.00 RESB-08-23-61365 Invoice 05/09/2024 REFUND C&D DEPOSIT 10,000.000.00 RESB-0823-61367 Invoice 05/09/2024 REFUND C&D DEPOSIT 10,000.000.00 RESB-12-22-58263 Invoice 05/09/2024 REFUND C&D DEPOSIT 8,679.690.00 10384 ULINE INC 05/09/2024 8034271,657.22Regular 0.00
177592404 Invoice 05/09/2024 TASTE OF LAKE FOREST SUPPLIES - CARTS … 1,657.220.00 10391 US BANK PARS 05/09/2024 8034282,518.04Regular 0.00 04/26/2024 Invoice 05/09/2024 PARS CONT PPE 04/26/2024 2,518.040.00 10392 US DEPT OF TREASURY 05/09/2024 803429928.71Regular 0.00 04/26/2024 Invoice 05/09/2024 AGENCY TRACKING WG2122418 PPE 04/2… 928.710.00 10398 VERIZON WIRELESS 05/09/2024 8034301,805.12Regular 0.00 9961516164 Invoice 05/09/2024 CELLULAR PHONES & DATA SERVICE 3/13-… 1,805.120.00 10406 WALLACE & ASSOCIATES 05/09/2024 80343117,389.00Regular 0.00 23500 Invoice 05/09/2024 CA/CI ADA RAMPS PHASE 14 MAR 2024 17,389.000.00 10506 WEST COAST ARBORISTS INC 05/09/2024 80343235,440.00Regular 0.00 213428 Invoice 05/09/2024 2022-035 TREE MAINTENANCE 04/01 - 04… 35,440.000.00 10363 THE PRINTERY INC 05/09/2024 80343314,368.51Regular 0.00 140392 Invoice 03/07/2024 PROP 218 NOTICE FOR 2024 SOLID WASTE 14,368.510.00 10001 ABTECH TECHNOLOGIES INC 05/16/2024 80343429,223.50Regular 0.00 W205002-IN Invoice 05/16/2024 COMPUTER SUPPORT SERVICES MAY 29,223.500.00 10006 ADT SECURITY SERVICES 05/16/2024 80343570.92Regular 0.00 1061228895 Invoice 05/16/2024 SECURITY SERVICES SKATE PARK 5/19 - 6/… 70.920.00 10021 ALLURE PEST MANAGEMENT INC 05/16/2024 803436150.00Regular 0.00 Item: 7
32 Check Report Date Range: 05/01/2024 - 05/31/2024
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Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 118082 Invoice 05/16/2024 HEROES PARK STORAGE CONTAINER TREA… 150.000.00 10026 AMERICAN FIDELITY ASSURANCE CO 05/16/2024 803437505.18Regular 0.00 D713496 Invoice 05/16/2024 FTE EMPLOYEE OPTIONAL INSURANCE APR 505.180.00 10028 AMERINAT 05/16/2024 803438456.00Regular 0.00
FS-5820 Invoice 05/16/2024 HOUSING REHAB - NIETO 456.000.00 10028 AMERINAT 05/16/2024 803439956.14Regular 0.00
LPM-24-000200 Invoice 05/16/2024 REHAB LOAN - JANUARY 956.140.00 11062 ANTONIO J MEDEIROS 05/16/2024 8034401,785.00Regular 0.00 2018 Invoice 05/16/2024 AV SERVICE PERMIT 8044 PAC 5/7 1,785.000.00 10873 ARAKELIAN ENTERPRISES INC 05/16/2024 80344159,064.85Regular 0.00 16838447 Invoice 05/16/2024 STREET SWEEPING APR 59,064.850.00 10038 ARCADIAN BANK 05/16/2024 80344215,000.00Regular 0.00 MAZZETTI 05/02… Invoice 05/16/2024 REHAB LOAN MAZZETTI 15,000.000.00 10038 ARCADIAN BANK 05/16/2024 80344315,000.00Regular 0.00 NIETO 05/02/2024 Invoice 05/16/2024 REHAB LOAN NIETO 15,000.000.00 10044 AT&T CALNET3 05/16/2024 80344458.04Regular 0.00
000021616973 Invoice 05/16/2024 PARK UTILITIES 6157 APR 2024 58.040.00 10423 BERNEL INC VFS FIRE & SECURITY SERVICES 05/16/2024 8034453,200.00Regular 0.00 18622 Invoice 05/16/2024 REPAIR HVAC 3 MODULE OCT 2023 LFSP 860.000.00 42376 Invoice 05/16/2024 ANNUAL FIRE ALARM MONITORING APR L… 780.000.00 42377 Invoice 05/16/2024 ANNUAL FIRE ALARM MONITORING APR L… 780.000.00 42387 Invoice 05/16/2024 ANNUAL FIRE ALARM MONITORING APR L… 780.000.00 11083 BRIEANA LONGORIA 05/16/2024 8034464,680.00Regular 0.00 COMB-12-21-515…Invoice 05/16/2024 REFUND C&D DEPOSIT 4,680.000.00 10062 BRIGHTVIEW LANDSCAPE SERVICES 05/16/2024 80344741,896.78Regular 0.00 8684552 Invoice 05/16/2024 2023-083 IRRIGATION REPAIRS OCT 2023 … 1,509.120.00 8787085 Invoice 05/16/2024 2023-083 FIELDS 1 - 5 CONDITIONING JAN … 5,013.650.00 8797528 Invoice 05/16/2024 2023-083 IRRIGATION REPAIRS JAN LFSP 1,777.310.00 8815947 Invoice 05/16/2024 2023-083 PLANT BY BASEBALL FIELDS/ENT… 20,635.000.00 8822662 Invoice 05/16/2024 MONTHLY IRRIGATION REPAIRS FEB SPOR… 1,669.780.00 8825942 Invoice 05/16/2024 PUMP REPAIR FEB HEROES PARK 11,291.920.00 10069 CALIFORNIA BUILDING STANDARDS 05/16/2024 803448785.70Regular 0.00 05/07/2024 Invoice 05/16/2024 GREEN FEES (BSASRF) JAN - MAR 2024 785.700.00 10494 CASSANDRA SAINDON 05/16/2024 803449240.00Regular 0.00 MAR/APR 2024 Invoice 05/16/2024 EMPLOYEE WELLNESS PERSONAL TRAININ… 240.000.00 11078 CERTAGS LLC 05/16/2024 803450455.00Regular 0.00
17101 Invoice 05/16/2024 PAC LABELING SUPPLIES MAY 455.000.00 10091 CHARLES ABBOTT ASSOCIATES INC 05/16/2024 803451137,658.09Regular 0.00 67323 Invoice 05/16/2024 STREET MAINTENANCE APR 137,658.090.00 11087 CHRIS TURPIN 05/16/2024 803452400.00Regular 0.00
2002964.021 Invoice 05/16/2024 REFUND PERMIT 8121 400.000.00 11080 COMMUNITY ASSOCIATIONS INSTITUTE - ORANGE COUNTY05/16/2024 803453200.00Regular 0.00 2002838.021 Invoice 05/16/2024 REFUND RENTAL PERMIT CHARGES 03/19… 200.000.00 10107 COSTAR REALTY INFORMATION INC 05/16/2024 803454413.63Regular 0.00 120774216 Invoice 05/16/2024 COMMERCIAL PROPERTIES NOW (BACK-E… 413.630.00 10109 COUNTY OF ORANGE TREASURER TAX 05/16/2024 80345511,837.00Regular 0.00 Item: 7
33 Check Report Date Range: 05/01/2024 - 05/31/2024
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Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount STCS002337 Invoice 05/16/2024 800 MHZ QUARTERLY BILLING 4/1 - 6/30 2… 11,837.000.00 10110 COX COMMUNICATIONS 05/16/2024 8034562,367.87Regular 0.00 3601 05/01/2024 Invoice 05/16/2024 TELECOM SERVICES - ALL FACILITIES MAY 2,305.080.00 6701 04/27/2024 Invoice 05/16/2024 CABLE SERVICES 4/27 - 5/26 CITY CLERK 62.790.00 10113 CROWN FACILITY SOLUTIONS 05/16/2024 8034577,291.67Regular 0.00 0009946 Invoice 05/16/2024 JANITORIAL SERVICE MAY 5,485.000.00 3243 Invoice 05/16/2024 JANITORIAL SERVICE PAC CLEANING 4/27 108.500.00 3245 Invoice 05/16/2024 JANITORIAL SERVICES PERMIT 8044 PAC 5… 413.600.00 3246 Invoice 05/16/2024 JANITORIAL SERVICES PERMIT 8121 COMM… 457.190.00 3247 Invoice 05/16/2024 JANITORIAL SERVICES PERMIT 7280 COMM… 458.890.00 3249 Invoice 05/16/2024 JANITORIAL SERVICES PERMIT 8079 COMM… 368.490.00 10121 DEPARTMENT OF CONSERVATION 05/16/2024 8034583,618.34Regular 0.00 05/07/2024 Invoice 05/16/2024 STRONG MOTION INSTRUMENT JAN - MAR… 3,618.340.00 10123 DEWEY PEST CONTROL 05/16/2024 803459271.00Regular 0.00 16670708 Invoice 05/16/2024 MONTHLY PEST CONTROL MAY ETNIES SK… 40.000.00 16670710 Invoice 05/16/2024 MONTHLY PEST CONTROL MAY HEROES P… 35.000.00 16670711 Invoice 05/16/2024 MONTHLY PEST CONTROL MAY LFSP 196.000.00 11088 EMERALD MORALES 05/16/2024 803460200.00Regular 0.00 2002963.021 Invoice 05/16/2024 REFUND PERMIT 7079 200.000.00 10141 EMPLOYMENT DEVELOPMENT DEPT 05/16/2024 8034612,870.00Regular 0.00 L0517389648 Invoice 05/16/2024 UNEMPLOYMENT INSURANCE 3/31 - 5/15 … 2,870.000.00 10156 FEDEX 05/16/2024 80346279.40Regular 0.00
8-489-10719 Invoice 05/16/2024 JERONIMO WIDENING R/W OFFER PKG 79.400.00 10454 INNOVATIVE CLEANING SERVICES INC 05/16/2024 80346332,383.63Regular 0.00 29936 Invoice 05/16/2024 CIVIC CENTER MONTHLY JANITORIAL SERV… 32,383.630.00 10194 INTERWEST CONSULTING 05/16/2024 80346480,140.53Regular 0.00 304952 Invoice 05/16/2024 BUILDING & SAFETY SERVICES MAR 2024 79,930.530.00 339708 Invoice 05/16/2024 OT BLDG & SAFETY SERVICES MAR 2024 -… 210.000.00 10593 IPERMIT 05/16/2024 803465241.82Regular 0.00
RESB-04-24-63614 Invoice 05/16/2024 REFUND CANCELLED BUILDING PERMIT 125.820.00 RPLMB-04-24-63… Invoice 05/16/2024 REFUND CANCELLED PERMIT 116.000.00 10203 JAMEY CLARK INC 05/16/2024 8034663,043.60Regular 0.00 74974 Invoice 05/16/2024 RR DOOR REPAIR APR PORTOLA PARK 1,081.860.00 75033 Invoice 05/16/2024 REMOVE CEMENT FOOTING APR FOOTHILL… 1,961.740.00 10206 JC TEES 05/16/2024 803467231.46Regular 0.00
9525 Invoice 05/16/2024 COORDINATOR UNIFORMS / SHIRTS 231.460.00 10931 JOHN PATRICK CONDON 05/16/2024 8034681,785.00Regular 0.00 LF-2024-02 Invoice 05/16/2024 CPTED FOR NITF (MAR - APR 2024) 1,785.000.00 11091 JUSTIN FESLER 05/16/2024 80346950.00Regular 0.00
2002960.021 Invoice 05/16/2024 REFUND PERMIT 7392 50.000.00 11079 KIM'S PIANO INC 05/16/2024 80347016,911.36Regular 0.00 21538 Invoice 05/16/2024 PAC PIANO MAR 2024 16,911.360.00 10225 KWIKEY S LOCK AND KEY INC 05/16/2024 803471386.59Regular 0.00 021324 Invoice 05/16/2024 REPAIR LOCK CYLINDER FEB BAKER RANCH… 110.000.00 042324 Invoice 05/16/2024 INTALL LATCH GUARD & HARDWARE APR … 276.590.00 11081 LEGACY PAINTING INC 05/16/2024 8034723,600.00Regular 0.00 2024-343 Invoice 05/16/2024 PAINT PROGRAM GAULDIN 3,600.000.00 11085 LEO CRUZ 05/16/2024 8034731,350.00Regular 0.00
Item: 7
34 Check Report Date Range: 05/01/2024 - 05/31/2024
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Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount RESB-03-23-59546 Invoice 05/16/2024 REFUND C&D DEPOSIT 1,350.000.00 10235 LOOPNET 05/16/2024 803474356.00Regular 0.00
119757703-1 Invoice 05/16/2024 COMMERCIAL PROPERTIES NOW (FRONT-… 356.000.00 11093 MELANIE DONAHUE 05/16/2024 80347536.66Regular 0.00 2002942.021 Invoice 05/16/2024 REFUND SKYHAWKS SOCCER TOTS 12143 36.660.00 10725 MMG ENGINEERING INC 05/16/2024 803476146,857.17Regular 0.00 PROG PYMT 5 Invoice 05/16/2024 EL TORO/PORTOLA WIDENING IMPRV, RET… 146,857.170.00 11086 MONA LEE INC 05/16/2024 803477372.31Regular 0.00
RESB-02-24-63084 Invoice 05/16/2024 CANCELLATION OF SOLAR PERMIT 372.310.00 11092 MONIQUE WOOD 05/16/2024 803478450.00Regular 0.00
2002959.021 Invoice 05/16/2024 REFUND PERMIT 7337 450.000.00 10250 MONOGRAM MAGIC 05/16/2024 8034791,654.87Regular 0.00 12725 Invoice 05/16/2024 CITY COUNCIL ATTIRE B YU 45.230.00 12763 Invoice 05/16/2024 CITY COUNCIL ATTIRE B YU 54.930.00 12878 Invoice 05/16/2024 CLUBHOUSE UNIFORMS 1,503.030.00 12879 Invoice 05/16/2024 UNIFORMS JACKSON 51.680.00
THB004946 NAZILA MOKARRAM 05/16/2024 803480174.20Regular 0.00 04/30/2024 Invoice 05/16/2024 MILEAGE REIMBURSEMENT 01/01 - 04/30 174.200.00 10265 NIEVES LANDSCAPE INC 05/16/2024 80348187,483.77Regular 0.00 77384 Invoice 05/16/2024 MONTHLY MAINT APR PASSIVE PARKS 73,736.270.00 77450 Invoice 05/16/2024 IRRIGATION REPAIRS APR DARRIN PARK 757.500.00 77451 Invoice 05/16/2024 IRRIGATION REPAIRS APR MOUNTAIN VIE… 1,035.000.00 77452 Invoice 05/16/2024 TREE REMOVALS MAR CHERRY/RANCHW… 2,465.000.00 77464 Invoice 05/16/2024 TREE REPLANTING APR PEACHWOOD/TA… 1,562.000.00 77465 Invoice 05/16/2024 EL TORO PARK BUNNY BLAST MAR 1,328.000.00 77504 Invoice 05/16/2024 INSTALL MULCH MAR ETNIES SKATE PARK 6,600.000.00 10273 OCCUPATIONAL HEALTH CENTERS 05/16/2024 803482478.00Regular 0.00 82829713 Invoice 05/16/2024 PRE-EMPLOYMENT TESTING 100.000.00 82909321 Invoice 05/16/2024 PRE-EMPLOYMENT TESTING PHYSICAL/TB… 378.000.00 10536 ODP BUSINESS SOLUTIONS LLC 05/16/2024 8034832,073.09Regular 0.00 30661433 Invoice 05/16/2024 OPERATING SUPPLIES APRIL 2,073.090.00 10281 OUT-FIT 05/16/2024 803484165.00Regular 0.00
51920 Invoice 05/16/2024 QUARTLY MAINTENANCE - 2ND QTR 165.000.00 11050 POWER PROFESSIONAL CLEANERS CORP 05/16/2024 80348586.00Regular 0.00 03-013558-90 Invoice 05/16/2024 STARS UNIFORMS 86.000.00 11089 RENE 05/16/2024 80348650.00Regular 0.00
2002962.021 Invoice 05/16/2024 REFUND PERMIT 8085 50.000.00 11094 RHONEL AQUINO 05/16/2024 803487135.00Regular 0.00 2002930.021 Invoice 05/16/2024 REFUND LEARN TO PLAY PICKLEBALL 12368 135.000.00 10311 RICK ENGINEERING COMPANY 05/16/2024 8034882,441.30Regular 0.00 0101265 Invoice 05/16/2024 2021-099 BAKE TOLEDO WIDENING IMPRV… 1,470.750.00 0101404 Invoice 05/16/2024 2018-016 BAKE/TRABUCO WIDENING IMP… 970.550.00 10814 ROCKETOLOGY LLC 05/16/2024 803489715.00Regular 0.00 2698 Invoice 05/16/2024 SUMMER CAMP EVENTS - PROFESSOR EG… 715.000.00 11084 SEYED REZA MOHTASHEMI 05/16/2024 803490500.00Regular 0.00 RESB-01-24-62722 Invoice 05/16/2024 REFUND C&D DEPOSIT 500.000.00 11090 SHENAN VILLEGAS 05/16/2024 803491200.00Regular 0.00 Item: 7
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Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 2002961.021 Invoice 05/16/2024 REFUND PERMIT 7639 200.000.00 10335 SOUTHERN CALIFORNIA EDISON 05/16/2024 8034924,593.71Regular 0.00 1549 05/03/2024 Invoice 05/16/2024 PORTOLA PARK UTILITIES APR 133.220.00 3725 05/04/2024 Invoice 05/16/2024 PARK UTILITIES APR 3,357.950.00 5146 05/03/2024 Invoice 05/16/2024 STREET LIGHT UTILITIES (CC) APR 65.360.00 6551 04/25/2024 Invoice 05/16/2024 PARK UTILITIES APR 1,037.180.00 10505 STUDIO TWO BLACK DIAMOND PRINTING & GRAPHICS05/16/2024 8034931,287.66Regular 0.00 101302 Invoice 05/16/2024 CITY STATIONARY ENVELOPES 1,217.620.00 101324 Invoice 05/16/2024 BUSINESS CARDS 70.040.00
10347 SUPERIOR PROPERTY SERVICES INC 05/16/2024 80349410,673.33Regular 0.00 18089 Invoice 05/16/2024 GRAFFITI REMOVAL, STEAM CLEAN & PRE… 10,673.330.00 10362 THE PET ADOPTION CENTER OF 05/16/2024 8034951,583.33Regular 0.00 1015 Invoice 05/16/2024 PET ADOPTION CENTER SERVICES APR 1,583.330.00 10364 THE UPS STORE 0026 05/16/2024 803496315.00Regular 0.00 TCLF0420240026 Invoice 05/16/2024 PRE-EMPLOYMENT LIVESCAN FINGERPRIN… 315.000.00 10365 THERESA DOBBS 05/16/2024 8034972,340.00Regular 0.00 05/06/2024 Invoice 05/16/2024 CONSULTING SERVICES APR 2,340.000.00 10385 UNDERGROUND SERVICE ALERT OF 05/16/2024 803498356.50Regular 0.00 420240383 Invoice 05/16/2024 UNDERGROUND SERVICE ALERT APR 356.500.00 10404 VONAGE BUSINESS 05/16/2024 8034999,239.92Regular 0.00 2305402 Invoice 05/16/2024 VOIP TELEPHONE SERVICE MAY SPORTS P… 540.610.00 2305403 Invoice 05/16/2024 VOIP TELEPHONE SERVICE MAY SKATE PA… 136.120.00 2305404 Invoice 05/16/2024 VOIP TELEPHONE SERVICE - CIVIC CENTER… 8,563.190.00 10405 VOYAGER FLEET SYSTEMS INC 05/16/2024 8035002,825.11Regular 0.00 8690611272417 Invoice 05/16/2024 CITY VEHICLE FUEL APR 2,825.110.00 10000 A SOURCE OF PRIDE 05/23/2024 803501122.08Regular 0.00 9110818 Invoice 05/23/2024 DEPUTY UNIFORMS (5) 122.080.00 10001 ABTECH TECHNOLOGIES INC 05/23/2024 80350266.22Regular 0.00 2405006-IN Invoice 05/23/2024 ADOBE SOFTWARE LICENSES (X2) 66.220.00 10023 AMAZING TENTS & EVENTS 05/23/2024 8035032,958.50Regular 0.00 8411 Invoice 05/23/2024 4TH OF JULY PARADE SUPPLIES 2,958.500.00 11103 ANDA CHEN 05/23/2024 803504500.00Regular 0.00
2002966.021 Invoice 05/23/2024 REFUND PERMIT #8083 500.000.00 THB004927 ARIELA CORRAL 05/23/2024 80350517.10Regular 0.00 10929 Invoice 05/23/2024 REPLACEMENT CHECK 10929 08/06/2021 17.100.00 10042 ASSURED TELEMATICS INC 05/23/2024 803506291.00Regular 0.00 128050 Invoice 05/23/2024 FLEET GPS UNITS MAY 291.000.00 10044 AT&T CALNET3 05/23/2024 803507317.03Regular 0.00
000021521955 Invoice 05/23/2024 PARK UTILITIES 6189 MAR 2024 86.500.00 000021663854 Invoice 05/23/2024 MPS UTILITIES 6257 APR 2024 145.090.00 00021669403 Invoice 05/23/2024 PARK UTILITIES 6189 APR 2024 85.440.00 10444 BRANDON FRANCO BALLOONIGAMI 05/23/2024 8035081,150.00Regular 0.00 1679 Invoice 05/23/2024 BUILD A BUDDY WORKSHOP 1,150.000.00 10062 BRIGHTVIEW LANDSCAPE SERVICES 05/23/2024 80350916,977.41Regular 0.00 16854246 Invoice 05/23/2024 IRRIGATION REPAIRS FEB LFSP 970.500.00 8819252 Invoice 05/23/2024 FENCE REPAIR FEB HEROES PARK 399.250.00 8866666 Invoice 05/23/2024 IRRIGATION REPAIRS MAR SPORTS PARKS 1,387.140.00 8899333 Invoice 05/23/2024 INSTALL PLANTS APR CIVIC CENTER 11,319.520.00 Item: 7
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Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 8902985 Invoice 05/23/2024 IRRIGATION REPAIRS APR SPORTS PARKS 2,901.000.00 10074 CALIFORNIA STATE DISBURSEMENT 05/23/2024 803510147.70Regular 0.00 05/10/2024 Invoice 05/23/2024 REMIT ID 200000002413681 SDU/TRIBAL … 147.700.00 10079 CALPERS LONG TERM CARE PROGRAM 05/23/2024 803511238.85Regular 0.00 15303721 Invoice 05/23/2024 EE CONT PPE 05/24/2024 238.850.00 11101 CHRISTOPHER HUGHES 05/23/2024 803512340.00Regular 0.00 121039 Invoice 05/23/2024 BMX BIKE SHOW - PEDAL PALOOZA DEPOS… 340.000.00 10095 CITY OF LAKE FOREST SUNSHINE CLUB 05/23/2024 803513171.00Regular 0.00 05/10/2024 Invoice 05/23/2024 EE CONT PPE 05/10/2024 171.000.00 10109 COUNTY OF ORANGE TREASURER TAX 05/23/2024 803514221.85Regular 0.00 STTM001973 Invoice 05/23/2024 800 MHZ MONTHLY MAINTENANCE JAN 103.970.00 STTM002021 Invoice 05/23/2024 800 MHZ MONTHLY MAINTENANCE FEB 117.880.00 10113 CROWN FACILITY SOLUTIONS 05/23/2024 8035151,562.95Regular 0.00 3248 Invoice 05/23/2024 JANITOIAL SERVICES TOURNAMENT 05/04 … 218.320.00 3251 Invoice 05/23/2024 JANITORIAL SERVICE PERMIT 8002 COMM… 368.490.00 3252 Invoice 05/23/2024 JANITORIAL SERVICES BASEBALL TOURNA… 109.160.00 3253 Invoice 05/23/2024 JANITORIAL SERVICES PERMIT 6941 COMM… 368.490.00 3254 Invoice 05/23/2024 JANITORIAL SERVICES PERMIT #8264 CO… 498.490.00 10119 DE NOVO PLANNING GROUP 05/23/2024 8035169,643.75Regular 0.00 4232 Invoice 05/23/2024 SUSTAINABILITY IMPLEMENTATION PROG… 9,643.750.00 10781 DELTA ELECTRIC LLC 05/23/2024 8035179,312.63Regular 0.00 PROG PYMT 5 Invoice 05/23/2024 PORTOLA PARK LIGHTING - RET REL BAL 9,312.630.00 10134 ECONOMICS INC 05/23/2024 80351833,515.20Regular 0.00 2021-22.34 Invoice 05/23/2024 PROF SVCS SOLID WASTE & SB1383 APR 5,394.150.00 2022.26 Invoice 05/23/2024 PROF SVCS SOLID WASTE RFP APR 28,121.050.00 10156 FEDEX 05/23/2024 80351964.55Regular 0.00
8-496-21931 Invoice 05/23/2024 JERONIMO WIDENING R/W OFFER PKG (2) 64.550.00 11102 GILGAMESH ARTS & CULTURAL RENTAL 05/23/2024 803520500.00Regular 0.00 2002965.021 Invoice 05/23/2024 REFUND PERMIT #8003 500.000.00 10179 HARTZOG & CRABILL INC 05/23/2024 80352112,838.77Regular 0.00 24-0301 Invoice 05/23/2024 TRAFFIC ENGINEERING DEVELOPMENT / C… 12,838.770.00 10183 HILLYARD LOS ANGELES 05/23/2024 803522421.77Regular 0.00 700589169 Invoice 05/23/2024 FLOOR SCRUBBER REPAR & BLADE REPLACE 421.770.00 10593 IPERMIT 05/23/2024 80352343.20Regular 0.00
RPLMB-04-24-63… Invoice 05/23/2024 REFUND CANCELLED PERMIT 43.200.00 10200 JAMES L BLACKBURN 05/23/2024 8035242,247.67Regular 0.00 32387 Invoice 05/23/2024 TASTE OF LAKE FOREST 2024 POSTCARDS -… 2,208.880.00 32413 Invoice 05/23/2024 TASTE OF LAKE FOREST 2024 WINDOW PO… 38.790.00 10203 JAMEY CLARK INC 05/23/2024 80352511,488.17Regular 0.00 75034 Invoice 05/23/2024 SINK REPAIR APR EL TORO PARK 222.930.00 75035 Invoice 05/23/2024 REPLACE CHAIN ON PLAYGROUD LADDER … 267.510.00 75044 Invoice 05/23/2024 UNCLOG URINAL APR FOOTHILL RANCH C… 133.760.00 75046 Invoice 05/23/2024 FENCE REPAIR APR GOLF COURSE 3,775.000.00 75047 Invoice 05/23/2024 REPAIR TOILET PAPER DISPENSER APR LFSP 360.870.00 75056 Invoice 05/23/2024 INSTALL BATHROOM LATCH APR LFSP 276.520.00 75059 Invoice 05/23/2024 REPLACE SOAP DISPENSER IN RESTROOM … 222.930.00 75060 Invoice 05/23/2024 REPLACE NE TRACK RIDE APR CONCOURSE 1,181.400.00 75061 Invoice 05/23/2024 UNCLOG TOILET APR PORTOLA PARK 178.340.00 75067 Invoice 05/23/2024 3RD QTR FITNESS INSPECTIONS APR 1,575.000.00 Item: 7
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Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 75079 Invoice 05/23/2024 PRESSURE WASH PLAY EQUIPMENT APR EL… 579.610.00 75099 Invoice 05/23/2024 REMOVE & REPLACE CRACKED SLIDE MAY … 2,714.300.00 THB004922 JASON HERNANDEZ 05/23/2024 803526479.45Regular 0.00 10977, 10992, 11… Invoice 05/23/2024 REPLACEMENT CHECKS FY 21/22 479.450.00 10923 JONATHAN PAULING 05/23/2024 8035273,277.50Regular 0.00 1744 Invoice 05/23/2024 SKATE CAMP T-SHIRTS, INSTRUCTOR UNIF… 2,497.500.00 1745 Invoice 05/23/2024 SKATEPARK RETAIL T-SHIRTS 780.000.00 10223 KONICA MINOLTA BUSINESS 05/23/2024 8035281,180.44Regular 0.00 293522588 Invoice 05/23/2024 COPIER MONTHLY MAINTENANCE APR SE… 173.210.00 293522952 Invoice 05/23/2024 COPIER MONTHLY MAINTENANCE APR PO… 57.170.00 293522956 Invoice 05/23/2024 COPIER MONTHLY MAINTENANCE APR CIT… 79.370.00 293523056 Invoice 05/23/2024 COPIER MONTHLY MAINTENANCE APR 2A 276.210.00 293523158 Invoice 05/23/2024 COPIER MONTHLY MAINTENANCE APR BU… 173.460.00 293523161 Invoice 05/23/2024 COPIER MONTHLY MAINTENANCE APR 1A 289.540.00 293523234 Invoice 05/23/2024 COPIER MONTHLY MAINTENANCE APR CO… 51.700.00 293523246 Invoice 05/23/2024 COPIER MONTHLY MAINTENANCE APR SP… 45.110.00 293600245 Invoice 05/23/2024 COPIER MONTHLY MAINTENANCE APR C… 34.670.00 10224 KONICA MINOLTA PREMIER FINANCE 05/23/2024 8035291,011.43Regular 0.00 82480203 Invoice 05/23/2024 LEASE FOR 8 KONICA COPIERS 1,011.430.00 10232 LGC GEOTECHNICAL INC 05/23/2024 8035304,155.25Regular 0.00 01-20894 Invoice 05/23/2024 3RD PARTY REVIEW MEADOWS SCHOOL SI… 2,505.250.00 01-20898 Invoice 05/23/2024 3RD PARTY REVIEW ASCENSION CEMETAR… 1,650.000.00 11100 MAIN ELECTRIC SUPPLY COMPANY LLC 05/23/2024 80353121,722.60Regular 0.00 PYMT 4 Invoice 05/23/2024 PORTOLA PARK LIGHTING - FINAL 12,632.370.00 PYMT 5 Invoice 05/23/2024 PORTOLA PARK LIGHTING 9,090.230.00 THB001848 MARJORIE MATSIL 05/23/2024 803532163.45Regular 0.00 11076, 11085, 11… Invoice 05/23/2024 REPLACEMENT CHECKS FY 22/23 163.450.00 10244 MERCY HOUSE LIVING CENTERS INC 05/23/2024 8035331,995.60Regular 0.00 5001-24-03 Invoice 05/23/2024 HOMELESS OUTREACH SERVICES MAR 1,995.600.00 10468 MISSIONSQUARE 05/23/2024 80353413,797.62Regular 0.00 05/10/2024 Invoice 05/23/2024 DEFERRED COMP ACCT 303669 PPE 05/10… 13,797.620.00 11086 MONA LEE INC 05/23/2024 803535326.40Regular 0.00
RESB-01-24-62838 Invoice 05/23/2024 REFUND CANCELLED PERMIT 326.400.00 10250 MONOGRAM MAGIC 05/23/2024 803536189.51Regular 0.00 12897 Invoice 05/23/2024 STARS UNIFORMS 189.510.00
10265 NIEVES LANDSCAPE INC 05/23/2024 803537127,692.64Regular 0.00 77385 Invoice 05/23/2024 MONTHLY MAINTENENCE SERVICE APR M… 87,261.670.00 77453 Invoice 05/23/2024 IRRIGATION REPAIRS MAR SERRANO/LF DR 770.000.00 77454 Invoice 05/23/2024 IRRIGATION REPAIRS FEB RED RIVER/TRA… 728.000.00 77455 Invoice 05/23/2024 PLANT & MULCH INSTALL MAR EL TORO R… 5,550.000.00 77456 Invoice 05/23/2024 PLANT & MULCH INSTALL MAR RCKFLD B… 6,720.000.00 77457 Invoice 05/23/2024 MULCH INSTALLATION MAR EL TORO ARB… 5,775.000.00 77458 Invoice 05/23/2024 MEDIAN IRRGATION REPAIRS MAR LF/TOL… 400.500.00 77459 Invoice 05/23/2024 INSTALL MULCH MAR RIDGE RTE FROM R… 1,050.000.00 77460 Invoice 05/23/2024 IRRIGAITON REPAIRS MAR EL TORO RD M… 726.000.00 77461 Invoice 05/23/2024 IRRIGTN SLOPE REPAIRS MAR TOLEDO WA… 505.000.00 77462 Invoice 05/23/2024 IRRIGATION REPAIRS MAR EL TORO/SNTA… 345.000.00 77463 Invoice 05/23/2024 INSATALLATION OF MULCH MAR EL TORO… 2,475.000.00 77538 Invoice 05/23/2024 MULCH INSTLLTN MAR RCKFLD/WHTE DVE… 1,350.000.00 77539 Invoice 05/23/2024 TREE & MULCH INSTALLATION MAR EL TO… 1,875.000.00 77567 Invoice 05/23/2024 IRRIGTIN RPRS MAR RCKFLD/EL TORO TO … 762.000.00 77568 Invoice 05/23/2024 IRRIGATION REPAIRS MAR EL TORO/MUIR… 1,103.470.00 Item: 7
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Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 77569 Invoice 05/23/2024 IRRIGATION REPAIRS MAR EL TORO/MUIR… 345.000.00 77570 Invoice 05/23/2024 IRRIGATION REPAIRS MAR SERRANO/SHO… 293.000.00 77571 Invoice 05/23/2024 IRRIGATION REPAIRS APR RIDGE RTE/TRA… 8,500.000.00 77572 Invoice 05/23/2024 IRRIGATION REPAIRS APR TRABUCO/RIDGE… 468.000.00 77573 Invoice 05/23/2024 IRRIGATION REPAIR APR EL TORO RD PAST… 345.000.00 77574 Invoice 05/23/2024 IRRIGATION REPAIR APR JERONIMO 345.000.00 11067 OC CONSTRUCTION & CONSULTING 05/23/2024 8035383,900.00Regular 0.00 COMB-03-23-593…Invoice 05/23/2024 REFUND C&D DEPOSIT 3,900.000.00 10276 ONWARD ENGINEERING 05/23/2024 803539402.50Regular 0.00 7504 Invoice 05/23/2024 LAKE FOREST DR RESURFACING MAR 402.500.00 10289 PLANNING DIRECTORS ASSOC OF OC 05/23/2024 803540150.00Regular 0.00 0019 2024 Invoice 05/23/2024 ANNUAL MEMBERSHIP RENEWAL 2024 150.000.00 10925 SELF INSURED SERVICES COMPANY 05/23/2024 8035419,728.40Regular 0.00 B0DF32 DENTAL Invoice 05/23/2024 FTE DENTAL PREMIUM MAY 2024 7,771.500.00 B0DF32 VISION Invoice 05/23/2024 FTE VISION PREMIUM MAY 2024 1,956.900.00 10325 SHELTERCLEAN SERVICES INC 05/23/2024 8035423,116.65Regular 0.00 773253 Invoice 05/23/2024 BUS SHELTER MAINTENANCE APR 3,116.650.00 10335 SOUTHERN CALIFORNIA EDISON 05/23/2024 803543105,897.25Regular 0.00 3106 05/03/2024 Invoice 05/23/2024 STREET LIGHT UTILITIES APR 102,227.680.00 8114 05/08/2024 Invoice 05/23/2024 CIVIC CENTER UTILITIES APR 3,669.570.00 10338 SOUTHERN CALIFORNIA SHREDDING 05/23/2024 803544835.00Regular 0.00 253954 Invoice 05/23/2024 ID THEFT PREVENTION PROGRAM APR 835.000.00 10359 THE GAS COMPANY 05/23/2024 8035451,522.50Regular 0.00 2943 05/08/2024 Invoice 05/23/2024 LFSP UTILITIES APR 409.730.00 9109 05/07/2024 Invoice 05/23/2024 CIVIC CENTER UTILITIES APR 1,112.770.00 10419 TRANSPERFECT GLOBAL INC 05/23/2024 803546283.50Regular 0.00 3082210 Invoice 05/23/2024 PUBLIC SCOPING MEETING COMMENT CA… 283.500.00 10595 TRANSTECH ENGINEERS, INC 05/23/2024 8035479,541.50Regular 0.00 20241996 Invoice 05/23/2024 SENIOR CENTER PATION COVER CACI FEB 9,541.500.00 10391 US BANK PARS 05/23/2024 8035482,516.29Regular 0.00 05/10/2024 Invoice 05/23/2024 PARS CONT PPE 05/10/2024 2,516.290.00 10392 US DEPT OF TREASURY 05/23/2024 803549928.71Regular 0.00 05/10/2024 Invoice 05/23/2024 AGENCY TRACKING WG2122418 PPE 05/1… 928.710.00 10932 WEX HEALTH INC 05/23/2024 803550268.30Regular 0.00 0001951375-IN Invoice 05/23/2024 WEX ADMIN FEE APR 2024 268.300.00 10481 YIFTEE INC 05/23/2024 803551564,000.00Regular 0.00 05/09/2024 Invoice 05/23/2024 COMMUNITY GIFT CARD PROGRAM BOGO 564,000.000.00 10000 A SOURCE OF PRIDE 05/30/2024 80355228.18Regular 0.00 9110820 Invoice 05/30/2024 UNIFORMS CSO 28.180.00
10002 AC LANDSCAPE INC 05/30/2024 80355314,400.00Regular 0.00 21911 Invoice 05/30/2024 2024-012 MONUMENT SIGNS PAINT/REPA… 14,400.000.00 10009 AGE WELL SENIOR SERVICES 05/30/2024 8035545,145.53Regular 0.00 0424 Invoice 05/30/2024 SENIOR TRANSPORTATION APR 2024 5,145.530.00 10017 ALL CITY MANAGEMENT 05/30/2024 80355520,092.80Regular 0.00 93480 Invoice 05/30/2024 CROSSING GUARD SERVICES 4/28 - 5/11 20,092.800.00 10021 ALLURE PEST MANAGEMENT INC 05/30/2024 803556300.00Regular 0.00 118720 Invoice 05/30/2024 2021-050 BEE\WASP TREATMENT MAY RI… 150.000.00 Item: 7
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Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 118964 Invoice 05/30/2024 BEE/WASP TREATMENT MAY HEROES PAR… 150.000.00 10037 AQUABIO ENVIRONMENTAL 05/30/2024 8035575,090.00Regular 0.00 101924 Invoice 05/30/2024 2023-082 BIOSWALE MAY VETERANS PARK 1,995.000.00 101932 Invoice 05/30/2024 2023-082 LAKE MAINTENANCE MAY VETE… 3,095.000.00 10055 BEST BEST & KRIEGER LLP 05/30/2024 80355897,613.98Regular 0.00 24-03 Invoice 05/30/2024 LEGAL SERVICES MAR 97,613.980.00 11106 BETH MUNDELL 05/30/2024 803559200.00Regular 0.00
2002974.021 Invoice 05/30/2024 REFUND PERMIT 7280 200.000.00 10502 BKF ENGINEERS 05/30/2024 80356015,827.75Regular 0.00 24051117 Invoice 05/30/2024 2021-101 LOS ALISOS/MUIRLANDS 2ND LE… 15,827.750.00 THB004878 CALEB BROWN 05/30/2024 8035611,206.59Regular 0.00 05/28/2024 Invoice 05/30/2024 EXP REIMB TYLER CONNECT 2024 INDIAN… 1,206.590.00 11110 CALIFORNIA RESOURCE RECOVERY ASSOCIATION05/30/2024 803562200.00Regular 0.00 14202 Invoice 05/30/2024 MEMBERSHIP RENEWAL TO MAY 2025 C … 200.000.00 10075 CALIFORNIA YELLOW CAB 05/30/2024 8035632,075.30Regular 0.00 4508024 Invoice 05/30/2024 SENIOR TRANSPORTATION SMP APR 2024 2,075.300.00 11051 CARLOS SANTOS MARTINEZ 05/30/2024 803564405.00Regular 0.00 22538 Invoice 05/30/2024 VEHICLE MAINTENANCE 2019 DODGE DU… 405.000.00 10087 CARRIER JOHNSON 05/30/2024 803565752.00Regular 0.00 41145 Invoice 05/30/2024 SR CENTER PATIO COVER CONST SUPPORT… 752.000.00 11101 CHRISTOPHER HUGHES 05/30/2024 8035661,360.00Regular 0.00 121039 BAL Invoice 05/30/2024 BMX BIKE SHOW - PEDAL PALOOZA BALA… 1,360.000.00 10904 CREATIVE KIDS PLAYHOUSE 05/30/2024 803567600.00Regular 0.00 2002975.021 Invoice 05/30/2024 REFUND PERMIT 6567 600.000.00 10113 CROWN FACILITY SOLUTIONS 05/30/2024 8035681,882.19Regular 0.00 3255 Invoice 05/30/2024 JANITORIAL SERVICE PERMIT 7591 COMM… 368.490.00 3256 Invoice 05/30/2024 JANITORIAL SERVICE PERMIT 6975 COMM… 926.890.00 3257 Invoice 05/30/2024 JANITORIAL SERVICE PERMIT 6941 COMM… 368.490.00 3259 Invoice 05/30/2024 EXTRA CLEANING FOR AYSO SOCCER TOU… 218.320.00 10905 DARCIE MAGINO 05/30/2024 803569200.00Regular 0.00 2002977.021 Invoice 05/30/2024 REFUND PERMIT 8002 200.000.00 11108 DISTRICT 55 LITTLE LEAGUE 05/30/2024 803570300.00Regular 0.00 2002971.021 Invoice 05/30/2024 REFUND PERMIT 8182 300.000.00 10514 DJE SOUND & LIGHTING INC 05/30/2024 8035715,794.31Regular 0.00 05/21/2024 Invoice 05/30/2024 SOUND FOR TASTE OF LAKE FOREST BAND… 5,794.310.00 11109 ECAMSECURE 05/30/2024 8035729,442.88Regular 0.00
1187820 Invoice 05/30/2024 CAMERA TRAILER REPAIR APR 9,442.880.00 10170 GMU GEOTECHNICAL INC 05/30/2024 8035732,475.00Regular 0.00 65905 Invoice 05/30/2024 2022-122 REVIEWS FOR SIFI APR 2,475.000.00 10179 HARTZOG & CRABILL INC 05/30/2024 80357417,195.88Regular 0.00 24-0350 Invoice 05/30/2024 TRAFFIC ENGINEERING DEVELOPMENT / C… 17,195.880.00 10186 ICF JONES & STOKES INC 05/30/2024 803575215.25Regular 0.00 INV-00000086986 Invoice 05/30/2024 2016-016.3 MITIGATION JAN CIVIC CENTER 215.250.00 10194 INTERWEST CONSULTING 05/30/2024 80357612,917.50Regular 0.00 306270 Invoice 05/30/2024 2023-051 TRABUCO RESURFACING PROJE… 6,135.000.00 364018 Invoice 05/30/2024 2023-051 TRABUCO RESURFACING PROJE… 6,782.500.00 Item: 7
40 Check Report Date Range: 05/01/2024 - 05/31/2024
6/6/2024 1:18:25 PM Page 16 of 20
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 10196 IRV SEAVER MOTORCYCLES 05/30/2024 8035771,255.65Regular 0.00 20240977 Invoice 05/30/2024 VEHICLE MAINTENANCE 2022 BMW #389 384.800.00 20240993 Invoice 05/30/2024 VEHICLE MAINTENANCE 2022 BMW #398… 870.850.00 10203 JAMEY CLARK INC 05/30/2024 80357811,331.68Regular 0.00 75122 Invoice 05/30/2024 REPAIR TOILET MAY BORREGO PARK 356.680.00 75123 Invoice 05/30/2024 REPLACE WHEEL FIXTURE POST MAY BAKE… 10,975.000.00 11112 KEITH MISUMI 05/30/2024 803579123,911.72Regular 0.00 PROG PYMT 1 Invoice 05/30/2024 SPROTS PARK REC CENTER RENOVATION P… 117,716.130.00 PROG PYMT 2 Invoice 05/30/2024 SPORT PARK REC CENTER OFFICE RENOVA… 6,195.590.00 11107 KELLY REGIER 05/30/2024 803580300.00Regular 0.00
2002976.021 Invoice 05/30/2024 REFUND PERMIT 7268 300.000.00 THB001506 KEVIN SHIRAH 05/30/2024 803581475.12Regular 0.00 05/28/2024 Invoice 05/30/2024 EXP REIMB TYLER CONNECT 2024 INDIAN… 475.120.00 10220 KIDDER MATHEWS OF CALIFORNIA 05/30/2024 803582140,126.40Regular 0.00 KMC-109372R Invoice 05/30/2024 2019-080 MONTHLY MAINTENANCE MAR … 48,649.280.00 KMC-110045 Invoice 05/30/2024 2019-080 MONTHLY MAINTENANCE APR C… 91,477.120.00 10610 KINNESSYS AUTO REPAIR, INC 05/30/2024 803583250.00Regular 0.00 MAR 2024 Invoice 05/30/2024 CATALYTIC CONVERTER PAINT & ETCH 250.000.00 10495 KONICA MINOLTA 05/30/2024 803584224.93Regular 0.00 44778578 Invoice 05/30/2024 LEASE FOR COMMUNITY CENTER COPIER (… 224.930.00 10223 KONICA MINOLTA BUSINESS 05/30/2024 803585502.91Regular 0.00 9009933617 Invoice 05/30/2024 MAINTENANCE FOR 24 HP PRINTERS 4/15 -… 502.910.00 10226 L & M AUTOMOTIVE 05/30/2024 8035861,402.85Regular 0.00 54538 Invoice 05/30/2024 VEHICLE MAINTENANCE 2006 DODGE PIC… 802.600.00 54562 Invoice 05/30/2024 VEHICLE MAINTENANCE 2006 DODGE PIC… 600.250.00 10241 MASTER WASH INC 05/30/2024 803587360.00Regular 0.00 77107 Invoice 05/30/2024 CITY VEHICLE WASH FEB 360.000.00 11104 MATTHEW D RUSSO 05/30/2024 8035881,182.00Regular 0.00 0704202401 Invoice 05/30/2024 4TH OF JULY PARADE ENTERTAINMENT 1,182.000.00 10273 OCCUPATIONAL HEALTH CENTERS 05/30/2024 803589432.00Regular 0.00 83051283 Invoice 05/30/2024 PRE-EMPLOYMENT PHYSICAL/DRUG/TB M… 189.000.00 83126755 Invoice 05/30/2024 PRE-EMPLOYMENT PHYSICAL/DRUG/TB M… 243.000.00 10304 RAMIRO ACEVEDO 05/30/2024 8035901,121.00Regular 0.00 PAYMENT 2 Invoice 05/30/2024 2024-005 CDBG ADA RAMPS PHASE 14 AP… 1,121.000.00 10719 RINCON CONSULTANTS INC 05/30/2024 8035917,695.00Regular 0.00 56968 Invoice 05/30/2024 NOISE POLICIES & STANDARDS UPDATE 2/… 7,695.000.00 11105 ROBERTO PEQUENO 05/30/2024 803592200.00Regular 0.00 2002973.021 Invoice 05/30/2024 REFUND PERMIT 8238 200.000.00 THB001776 SHARLYN SAN MIGUEL DE LA PAZ 05/30/2024 803593126.62Regular 0.00 05/17/2024 Invoice 05/30/2024 MILEAGE REIMBURSEMENT 126.620.00 10329 SO CAL INDUSTRIES 05/30/2024 803594114.28Regular 0.00 689796 Invoice 05/30/2024 PORTALET RENTALS 5/14 - 6/10 114.280.00 10335 SOUTHERN CALIFORNIA EDISON 05/30/2024 80359512,394.86Regular 0.00 3611 05/13/2024 Invoice 05/30/2024 PARK UTILITIES APR LFSP, MPS 3,446.970.00 5025 05/15/2024 Invoice 05/30/2024 TRAFFIC SIGNAL UTILITIES APR 8,947.890.00 10337 SOUTHERN CALIFORNIA NEWS GROUP 05/30/2024 8035963,941.63Regular 0.00 Item: 7
41 Check Report Date Range: 05/01/2024 - 05/31/2024
6/6/2024 1:18:25 PM Page 17 of 20
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount 0000588663 Invoice 05/30/2024 PUBLIC NOTICES MAY 3,941.630.00 11018 STEVE FAZIO 05/30/2024 8035976,750.00Regular 0.00 05/21/2024 Invoice 05/30/2024 REMAINING BAL FOR TASTE OF LAKE FORE… 6,750.000.00 10353 TAIT & ASSOCIATES INC 05/30/2024 80359816,112.62Regular 0.00 160700 Invoice 05/30/2024 JERONIMO/EL TORO WIDENING DESIGN F… 16,112.620.00 10366 THOMAS J O CONNELL 05/30/2024 80359913,896.96Regular 0.00 INV-2024-126 Invoice 05/30/2024 2019-057 INSTALL DOOR/LIGHT TIMERLO… 837.180.00 INV-2024-128 Invoice 05/30/2024 2019-057 INSTALL RR DOOR TIMER MAR T… 1,674.370.00 INV-2024-129 Invoice 05/30/2024 2019-057 REPAIR LIGHTS/RESET CIRC BRK… 150.800.00 INV-2024-130 Invoice 05/30/2024 2019-057 REPLACED PLAYGROUND LIGHT … 1,429.850.00 INV-2024-131 Invoice 05/30/2024 2019-057 REPLACED WAKWAY LIGHT JAN … 1,429.850.00 INV-2024-132 Invoice 05/30/2024 2019-057 REPAIR 4 LIGHTS/BALLASTS MAR… 2,800.040.00 INV-2024-133 Invoice 05/30/2024 2019-057 INSTALL 9 BALLASTS MAR BAKER… 3,612.510.00 INV-2024-134 Invoice 05/30/2024 2019-057 REPAIR LIGHT POLES MAR CHER… 150.800.00 INV-2024-135 Invoice 05/30/2024 5019-057 REMOVE/STORE LIGHT POLES … 603.200.00 INV-2024-136 Invoice 05/30/2024 2019-057 MONUMENT LIGHT REPAIR MAR… 150.800.00 INV-2024-137 Invoice 05/30/2024 2019-057 REPAIR WALKWAY BALLAST MAR… 377.000.00 INV-2024-138 Invoice 05/30/2024 2019-057 REPLACE 5 GFI FOR WATER FOU… 680.560.00 10640 THY MERRITT 05/30/2024 8036001,500.00Regular 0.00 05/21/2024 Invoice 05/30/2024 TUITION REIMBURSEMENT CLAREMONT … 1,500.000.00 10649 TOLL BROS INC 05/30/2024 803601152,477.35Regular 0.00 RESB-05-23-60106 Invoice 05/30/2024 REFUND C&D DEPOSIT 8,325.000.00 RESB-05-23-60107 Invoice 05/30/2024 REFUND C&D DEPOSIT 8,358.000.00 RESB-05-23-60111 Invoice 05/30/2024 REFUND C&D DEPOSIT 8,844.000.00 RESB-06-23-60616 Invoice 05/30/2024 REFUND C&D DEPOSIT 8,286.300.00 RESB-06-23-60617 Invoice 05/30/2024 REFUND C&D DEPOSIT 8,286.300.00 RESB-06-23-60636 Invoice 05/30/2024 REFUND C&D DEPOSIT 8,768.970.00 RESB-06-23-60644 Invoice 05/30/2024 REFUND C&D DEPOSIT 9,195.840.00 RESB-06-23-60645 Invoice 05/30/2024 REFUND C&D DEPOSIT 8,679.690.00 RESB-06-23-60646 Invoice 05/30/2024 REFUND C&D DEPOSIT 8,679.690.00 RESB-08-23-61216 Invoice 05/30/2024 REFUND C&D DEPOSIT 8,286.300.00 RESB-08-23-61217 Invoice 05/30/2024 REFUND C&D DEPOSIT 8,286.300.00 RESB-08-23-61221 Invoice 05/30/2024 REFUND C&D DEPOSIT 8,679.690.00 RESB-10-23-62052 Invoice 05/30/2024 REFUND C&D DEPOSIT 10,000.000.00 RESB-10-23-62053 Invoice 05/30/2024 REFUND C&D DEPOSIT 9,801.270.00 RESB--10-23-620… Invoice 05/30/2024 REFUND C&D DEPOSIT 10,000.000.00 RESB-10-23-62056 Invoice 05/30/2024 REFUND C&D DEPOSIT 10,000.000.00 RESB-10-23-62057 Invoice 05/30/2024 REFUND C&D DEPOSIT 10,000.000.00 10595 TRANSTECH ENGINEERS, INC 05/30/2024 8036027,787.00Regular 0.00 20242910 Invoice 05/30/2024 SENIOR CENTER PATIO COVER CACI APR 2… 7,787.000.00 11025 TROY MAGINO 05/30/2024 803603500.00Regular 0.00
2002972.021 Invoice 05/30/2024 REFUND PERMIT 6573 500.000.00 10406 WALLACE & ASSOCIATES 05/30/2024 803604136,622.00Regular 0.00 24080 Invoice 05/30/2024 EL TORO/PORTOLA WIDENING CA/CI MAY… 136,622.000.00 10506 WEST COAST ARBORISTS INC 05/30/2024 8036057,800.00Regular 0.00 214105 Invoice 05/30/2024 2022-035 PLANT 72 TREES APR RIDGE RO… 7,800.000.00 5,347,359.34Total Regular: 0.00
Item: 7
42 Check Report Date Range: 05/01/2024 - 05/31/2024
6/6/2024 1:18:25 PM Page 18 of 20
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount Payment Type: Bank Draft
10080 CALPERS HEALTH BENEFITS BRANCH 05/08/2024 DFT000018389,257.05Bank Draft 0.00 100000017517245 Invoice 05/08/2024 HEALTH INSURANCE FOR MAY 2024 89,257.050.00 10076 CALPERS EMPLOYER SVCS 05/09/2024 DFT000018656,735.22Bank Draft 0.00 04/26/2024 Invoice 05/09/2024 RETIREMENT CONTRIBUTIONS PPE 04/26/… 56,735.220.00 10076 CALPERS EMPLOYER SVCS 05/23/2024 DFT000018956,898.12Bank Draft 0.00 05/10/2024 Invoice 05/17/2024 RETIREMENT CONTRIBUTIONS PPE 05/10/… 56,898.120.00 10080 CALPERS HEALTH BENEFITS BRANCH 05/14/2024 DFT0000190106,470.94Bank Draft 0.00 100000017547180 Invoice 06/06/2024 HEALTH INSURANCE FOR JUNE 2024 106,470.940.00 309,361.33Total Bank Draft: 0.00
Regular Checks
Manual Checks
Voided Checks
Discount
Payment
CountPayment Type
Bank Code OP Summary
Bank Drafts
EFT's
278
10 3
4 0
0.00 0.00
0.00 0.00
0.00 295 0.00
Payment
5,365,786.55
4,260.27
-18,427.21
309,361.33
0.00 5,660,980.94
Payable
Count
478
10 0
4 0
492
Item: 7
43 Check Report Date Range: 05/01/2024 - 05/31/2024
6/6/2024 1:18:25 PM Page 19 of 20
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount Bank Code: PR-Payroll
Payment Type: Bank Draft
10005 ADP TAX FINANCIAL SVC 05/09/2024 DFT000018460,174.14Bank Draft 0.00 04/26/2024 Invoice 05/03/2024 PAYROLL TAXES FOR PPE 04/26/2024 60,174.140.00 10004 ADP 05/03/2024 DFT0000185251,899.01Bank Draft 0.00 DD 04/26/2024 Invoice 05/03/2024 DIRECT DEPOSIT ACH PPE 04/26/2024 251,899.010.00 10004 ADP 05/17/2024 DFT0000187254,616.18Bank Draft 0.00 DD 05/10/2024 Invoice 05/17/2024 DIRECT DEPOSIT ACH PPE 05/10/2024 254,616.180.00 10005 ADP TAX FINANCIAL SVC 05/23/2024 DFT000018860,401.24Bank Draft 0.00 05/10/2024 Invoice 05/23/2024 PAYROLL TAXES FOR PPE 05/10/2024 60,401.240.00 10004 ADP 05/31/2024 DFT0000191252,431.93Bank Draft 0.00 DD 05/24/2024 Invoice 05/31/2024 DIRECT DEPOSIT ACH PPE 5/24/2024 252,431.930.00 10005 ADP TAX FINANCIAL SVC 05/31/2024 DFT000019360,231.28Bank Draft 0.00 05/24/2024 Invoice 05/31/2024 PAYROLL TAXES FOR PPE 05/24/2024 60,231.280.00 939,753.78Total Bank Draft: 0.00
Regular Checks
Manual Checks
Voided Checks
Discount
Payment
CountPayment Type
Bank Code PR Summary
Bank Drafts
EFT's
0 0
0 6
0 0.00
0.00 0.00
0.00 0.00
6 0.00
Payment
0.00 0.00
0.00 939,753.78
0.00 939,753.78
Payable
Count
0 0
0 6
0 6
Item: 7
44 Check Report Date Range: 05/01/2024 - 05/31/2024
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
278
10 3
10 0
0.00 0.00
0.00 0.00
0.00 301 0.00
5,365,786.55
4,260.27
-18,427.21
1,249,115.11
0.00 6,600,734.72
478
10 0
10 0
498
Fund Name AmountPeriod
Fund Summary
999 Pooled Cash 6,600,734.725/2024
6,600,734.72
Item: 7
45 CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/18/2024
DEPARTMENT: City Clerk
SUBJECT:
CONSIDERATION OF RESOLUTIONS PERTAINING TO THE GENERAL
MUNICIPAL ELECTION TO BE HELD NOVEMBER 5, 2024
RECOMMENDED ACTION(S):
Adopt the following resolutions:
1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST,
CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF
THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES
2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, WITH THE
PRESIDENTIAL GENERAL ELECTION TO BE HELD ON THE DATE
PURSUANT TO § 10403 OF THE CALIFORNIA ELECTIONS CODE
3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST,
CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 EXECUTIVE SUMMARY:
The resolutions to initiate the process for the November 5, 2024, General Municipal Election for consideration include: 1) a Resolution calling the general election; 2) a Resolution requesting the County Election’s Official consolidate the City’s election with the Presidential General Election and provide election services; and 3) a Resolution establishing a candidate Statement Policy, which includes a City Council appointed word count limit of either 200 or 400 words.
The estimated cost of conducting the November 2024 election is $60,000. The Item: 8
46 2023-2025 Operating Budget includes sufficient funding to cover the costs of the recommended action.
BACKGROUND:
The City Council, upon incorporation on December 20, 1991, adopted Ordinance No. 5, consolidating the City’s Municipal Elections with the Statewide General Election in November of even numbered years. On December 19, 2017, the City Council adopted Ordinance 301, which established by-district elections within the City and sets the schedule for elections within those districts, beginning in 2018 with Districts 2, 3 and 4 and completing the transition in 2020 with Districts 1 and
5. Pursuant to those actions, presented for City Council consideration are a series of resolutions which will initiate the process for the November 5, 2024, General Municipal election which consists of district elections for Districts 1 and
5. DISCUSSION:
The following three Resolutions require adoption by the City Council prior to the 88th day before the election: 1) a Resolution calling the election; 2) a Resolution to the Board of Supervisors requesting consolidation with the Statewide General Election; and 3) a Resolution establishing a Candidate Statement Policy. For the City Council’s information, staff summarized the purpose and intent of each Resolution below:
•The first Resolution calling and giving notice of the election is to formalize the date of the election and the hours the polls will be open. This Resolution also establishes the purpose of the election; to elect, by district, two Members of the City Council to four-year terms (Attachment 1). •The second Resolution, directed to the Orange County Board of Supervisors, is the City’s request to consolidate the Municipal Election with the Statewide General Election. This Resolution gives authorization to the County Election Department to canvass the returns on the City’s behalf.
The Resolution recognizes the additional costs that the County will incur by consolidating the election and agrees that the City will reimburse the County for these costs, including publication and mailing of ballots, staffing polling sites, and tabulating and posting the results (Attachment 2). •The third Resolution establishes regulations for candidates pertaining to candidates’ statements for the upcoming election. Before the 2018 General Election, the City Council provided direction to staff to include an option to Item: 8
47 file either a 200 or 400-word candidate’s statement and the information that may be included on that statement (i.e., word count, method in filing, and the ability to withdraw the statement prior to its publication) (Attachment 3). The responsibility and terms of payment for the cost of publishing the candidate’s statement is outlined in the third Resolution and is the financial responsibility of the candidate. The third Resolution also includes a Foreign Language Policy, indicating all submitted candidates’ statements will be published in English, Spanish, Korean, Chinese, and Vietnamese, as required in the consolidation of the election with the County under the Federal Voting Rights Act.
The City Attorney reviewed the proposed Resolutions and approved them as to form and content. Upon adoption of these Resolutions, the City Clerk will execute the necessary transmitting, posting, and publishing requirements for the November 5, 2024, election.
FISCAL IMPACT:
The estimated cost for the November 5, 2024, Municipal Election and Voter Outreach is $60,000. Based upon the estimate received from the Orange County Registrar of Voters, this amount will adequately fund all costs associated with the election and outreach efforts given the consolidated nature of the City’s election with the Presidential General election. The 2023-2025 Operating Budget includes sufficient funding to cover the costs of the recommended action ATTACHMENTS:
1. Resolution Calling for the November 5, 2024, General Election
2. Resolution Requesting Consolidation with the County of Orange
3. Resolution Establishing Candidate Statement Policy
Initiated By: Lisa Berglund, City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 8
48 ATTACHMENT 1
Item: 8
49 Resolution No. 2024-XX
5 0
4 7
4 RESOLUTION NO. 2024-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, CALIFORNIA, CALLING FOR THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN
OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS
OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW
CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 5, 2024, for the election of Municipal Officers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Lake Forest, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing one (1) Member of the City Council (District 1) and one (1) Member of the City Council (District 5), each for the full term of four years;
SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.
SECTION 3. That the City Clerk is authorized, instructed and directed to coordinate with the County of Orange Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 4. That the vote center locations and hours of operations, ballot drop box locations and hours of operations, vote-by-mail procedures and timing, the election officers, and all other persons and procedures for the General Municipal Election shall be the same as those utilized by the County of Orange and in compliance with the Elections Code of the State of California.
SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
Item: 8
50 Resolution No. 2024-XX
5 0
8 5
6 5
0 4
7 4
SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
SECTION 8. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
PASSED, APPROVED AND ADOPTED this 18 th day of June 2024, by the following vote to wit:
________________________
MARK TETTEMER
MAYOR
ATTEST:
__________________________
LISA BERGLUND, MPA
CITY CLERK
APPROVED AS TO FORM:
__________________________
MATTHEW E. RICHARDSON
CITY ATTORNEY
STATE OF CALIFORNIA )
Item: 8
51 Resolution No. 2024-XX
5 0
4 7
4 COUNTY OF ORANGE ) SS
CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Resolution No. 2024-__ was duly passed and adopted at a regular meeting of the Lake Forest City Council on the18th day of June 2024, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_____________________
LISA BERGLUND, MPA
CITY CLERK
Item: 8
52 ATTACHMENT 2
Item: 8
53 Resolution No. 2024-xx
5 0
4 7
4 RESOLUTION NO. 2024-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE
A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 5, 2024, WITH THE PRESIDENTIAL GENERAL
ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF
THE CALIFORNIA ELECTIONS CODE
WHEREAS, the City Council of the City of Lake Forest called a General Municipal Election to be held on Tuesday, November 5, 2024, for the purpose of the election of one (1) Member of the City Council (District 1) and one (1) Member of the City Council (District 5); and
WHEREAS, it is desirable that the General Municipal election be consolidated with the Presidential General election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Orange canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
FOREST DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Presidential General election on Tuesday, November 5, 2024 for the purpose of the election of one (1) Member of the City Council in District 1 and one (1) Member of the City Council in District 5, each for the full term of four years.
SECTION 2. In accordance with Sections 10002, 10403, and 10418 of the California Elections Code, the County election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election.
SECTION 3. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election.
Item: 8
54 Resolution No. 2024-xx
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8 5
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SECTION 4. That the City of Lake Forest recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County election department of the County of Orange.
SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 18th day of June 2024, by the following vote to wit:
________________________
MARK TETTEMER
MAYOR
ATTEST:
__________________________
LISA BERGLUND, MPA
CITY CLERK
APPROVED AS TO FORM:
__________________________
MATTHEW E. RICHARDSON
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF LAKE FOREST )
Item: 8
55 Resolution No. 2024-xx
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4 I, Lisa Berglund, City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Resolution No. 2024-__ was duly passed and adopted at a regular meeting of the Lake Forest City Council on the 18th day of June 2024, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_____________________
LISA BERGLUND, MPA
CITY CLERK
Item: 8
56 ATTACHMENT 3
Item: 8
57 RESOLUTION NO. 2024-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024
WHEREAS, §13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE,
DETERMINE AND ORDER AS FOLLOWS:
SECTION 1.GENERAL PROVISIONS.
That pursuant to §13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Lake Forest on Tuesday, November 5, 2024, may prepare a candidate’s statement on an appropriate form provided by the City Clerk.
The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words or 400 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations.
The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.
SECTION 2. FOREIGN LANGUAGE POLICY.
A. Pursuant to the Federal Voting Rights Act, candidates statements will be translated into all languages required by the County of Orange. The County is required to translate candidate’s statements into the following languages: Spanish, Chinese, Korean, and Vietnamese.
Item: 8
58 Resolution No. 2024-xx
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4 B. The County will print and mail sample ballots and candidates statements in Spanish, Chinese, Korean and Vietnamese to only those voters who are on the county voter file as having requested a sample ballot in a particular language. The County will make the sample ballots and candidates statements in the required languages available at all polling places, on the County’s website, and in the Election Official’s office.
SECTION 3. PAYMENT.
A. Translations:
1. The candidate shall be required to pay for the cost of translating the candidates statement into any required foreign language as specified in (A) and/or (B) of Section 2 above pursuant to Federal and/or State law.
2. The candidate shall be required to pay for the cost of translating the candidates statement into any foreign language that is not required as specified in (A) and/or (B) of Section 2 above, pursuant to Federal and/or State law, but is requested as an option by the candidate.
B. Printing:
1. The candidate shall be required to pay for the cost of printing the Candidate’s statement in English in the main voter
information guide.
2. The candidate shall be required to pay for the cost of an electronic Candidate’s Statement if such method is required.
3. The candidate shall be required to pay for the cost of printing the Candidate’s Statement in a foreign language required in (A) of Section 2 above, in the main voter information guide.
4. The candidate shall be required to pay for the cost of printing the Candidate’s Statement in a foreign language that is not required as specified in (A) and/or (B) of Section 2, above, but is requested as an option by the candidate in the main voter information guide.
5. The candidate shall be required to pay for the cost of printing the Candidate’s Statement in a foreign language required by Item: 8
59 (A) of Section 2 above, in the facsimile voter information guide.
The Orange County Registrar of Voters have not yet provided the total costs of printing, handling, translating, and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended) as provided in the cost.
SECTION 4. MISCELLANEOUS.
A. All translations shall be provided by professionally-certified, registered or qualified translators/interpreters meeting the criteria of Elections Code Section 13307(b)(2).
B. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.
SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide.
SECTION 6. That the City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.
SECTION 7. That all previous resolutions establishing council policy on payment for Candidate’s Statements are repealed.
SECTION 9. That this resolution shall apply only to the election to be held on Tuesday, November 5, 2024, and shall then be repealed.
SECTION 10. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. [Signatures on following page]
Item: 8
60 Resolution No. 2024-xx
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PASSED, APPROVED AND ADOPTED this 18th day of June 2024, by the following vote to wit:
________________________
MARK TETTEMER
MAYOR
ATTEST:
__________________________
LISA BERGLUND, MPA
CITY CLERK
APPROVED AS TO FORM:
__________________________
MATTHEW E. RICHARDSON
CITY ATTORNEY
STATE OF CALIFORNIA )
Item: 8
61 Resolution No. 2024-xx
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4 COUNTY OF ORANGE ) SS
CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Resolution No. 2024-__ was duly passed and adopted at a regular meeting of the Lake Forest City Council on the 18th day of June 2024, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_____________________
LISA BERGLUND, MPA
CITY CLERK
Item: 8
62 CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/18/2024
DEPARTMENT: Management Services
SUBJECT:
APPROVE AN AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC.
FOR CROSSING GUARD SERVICES
RECOMMENDED ACTION(S):
1. Approve the Professional Consultant Services Agreement with All City Management Services, Inc. to provide Crossing Guard Services.
2. Authorize the Mayor to sign, and the City Clerk to attest the Agreement with All City Management Services, Inc., substantially in the form attached.
EXECUTIVE SUMMARY:
The City of Lake Forest has provided crossing guard services near public schools throughout the City since incorporation. All City Management Services, Inc. (“ACMS”) has been the provider of those services since 2015. Managing 23 crossing guard stations associated with 8 local schools, in the morning and afternoon during school days. ACMS provides three hours of service per crossing guard station under its current Professional Consulting Services Agreement for Crossing Guard Services (“Current Agreement”) (Attachment 1) which expires on July 8, 2024.
The Request for Proposals (“RFP”) posted for Crossing Guard Services closed on March 13, 2024. A Selection Committee approved by the City Manager reviewed and rated the three proposals received. ACMS was the highest-rated proposal and received positive references (Attachment 4). Staff recommends the City Council approve the attached Professional Consultant Services Agreement with ACMS (“New Agreement”) (Attachment 5). The New Agreement includes a $1,226,145.60 compensation amount for a three-year term with two optional one- year extensions. The New Agreement includes compensation to cover crossing guard services for all 23 of the existing crossing guard stations and compensation to cover the potential addition of a new location or crossing guard station if needed in the future. The proposed New Agreement was prepared by the Finance Department and approved as to form by the City Attorney. The 2023-2025 Operating Budget includes sufficient funding to cover the costs of the recommended action.
Item: 9
63 BACKGROUND:
The City has contracted for crossing guard services near public schools at various locations throughout the City since incorporation. These services include providing equipped and trained personnel for crossing pedestrians in marked crosswalks, as well as supervisory personnel to ensure crossing guard activities are taking place at the required places and times.
ACMS has been the City’s crossing guard service provider since 2015. The Current Agreement was entered into on July 7, 2020, to provide crossing guard services for a three-year term with ACMS, with a not-to-exceed compensation amount of $858,843 (Attachment 1).
On September 25, 2020, the City Council authorized the First Amendment (Attachment 2), which added a midday shift to the scope of services and increased the not-to-exceed compensation amount to $940,479.66. The midday shift was implemented due to the “hybrid learning model” employed by SVUSD in response to COVID-19.
The Second Amendment (Attachment 3) was authorized by the City Council on June 26, 2023, with a not-to-exceed compensation amount of $1,302,150.06.
Pursuant to the Second Amendment, the Current Agreement is set to expire on July 8, 2024. The Second Amendment removed the midday shift and included additional compensation covering costs for an additional year of crossing guard services, as well as a 23% increase in hourly rates for crossing guard personnel.
While the Second Amendment was approved, the City Council was unsatisfied with the large cost increases included in the amendment. As a result, staff was directed to pursue a competitive procurement to determine market rates for crossing guard services going forward.
Under the Current Agreement, there are 23 crossing guard stations associated with 8 local schools in the morning and afternoon during school days. Each guard provides three hours of service per location, one and a half hours in the morning and one and a half hours in the afternoon. Table 1 lists the 8 schools and 23 crossing guard stations.
Table 1: Crossing Guard locations for Saddleback Valley Unified School District School Site Cross Streets Location
1 Lunette Ave / Torino Dr South/EastFoothill Ranch
Elementary 2 Rue de Fortuna / Fascia Pl South/East
Item: 9
64 School Site Cross Streets Location
South/East
3 Rue de Fortuna / Bake Pkwy
North/East
4 Los Alisos Blvd / Rockfield Blvd North/East
5 Los Alisos Blvd / Muirlands Blvd North/WestRalph
A. Gates
Elementary 6 Landsview / Rockfield Blvd South/West
7 Ridge Route Dr / Serrano Rd North/West
8 Ridge Route Dr / Serrano Rd South/WestLa Madera
Elementary
9 Ridge Route Dr / Trabuco Rd South/West
10 El Toro Rd / Northcrest Dr North/West
North/East
11 Lake Forest Dr / Pittsford Dr
North/West
12 Pittsford Dr / Charford Way South/West
Lake Forest
Elementary
13 Pittsford Dr / Northcrest Dr North/West
14 Dune Mear Rd / Rockfield Blvd South/WestOlivewood
Elementary 15 Elrond Ln/ Ridge Route Dr North/East
16 Fawn Ridge Rd / Saddleback
Ranch Rd South/East
17 Fawn Ridge Rd/ Saddleback
Ranch Rd North/East
North/East
Portola Hills
Elementary
18 Pendleton Rd / Saddleback
Ranch Rd
South/East
North/EastRancho Canada
Elementary 19 Lake Forest Dr / Trabuco Rd
North/West
Item: 9
65 School Site Cross Streets Location
North/East
20 Serrano Rd / Winding Way
School side
21 Ridge Route Dr / Jeronimo Rd South/East
22 Ridge Route Dr / Jeronimo Rd North/EastSantiago
Elementary
23 IFOS / Rivendell Dr Across from
school
At the beginning of 2023, the City conducted its biennial community satisfaction survey through an independent third party. The survey asked the community about its satisfaction with the crossing guard services provided. Of those surveyed, 93% said they were very or somewhat satisfied with the service.
In anticipation of the expiration of the Current Agreement for crossing guard services with ACMS on July 8, 2024, staff issued an RFP for Crossing Guard Services on February 7, 2024. The procurement document was posted to OpenGov, the City’s electronic procurement management system.
DISCUSSION:
The RFP for Crossing Guard Services closed on March 13, 2024. Three proposals were received by the following firms:
Table 2: Proposals Received
Organization Location
All City Management Services, Inc. Santa Fe Springs, CA Alltech Industries Inc. Monterey Park, CA
Crossing Guard Services LLC Stamford, CT
Consistent with the City’s Purchasing & Contracting Guidelines (“Purchasing Guidelines”), staff assembled a Selection Committee approved by the City Manager to review the proposals and participate in the interview phase of the selection process. RFP procurements are subject to a qualitative assessment by the Selection Committee and a separate cost analysis by the procurement administrator. Both qualitative factors (experience, proposed approach to complete the work, etc.) and cost represent components of the final score assigned to each proposer. The Selection Committee was comprised of the following staff:
Item: 9
66 •Deputy City Manager
•Traffic Engineering Manager, Public Works Department
•Management Analyst, Management Services Department
The proposal review process was comprised of three phases: the Technical Review of written proposals, the Qualifications Interview Phase, and the cost proposal evaluation. The RFP received interest from three firms that downloaded all the files associated with the procurement and submitted proposals through the OpenGov procurement system.
A firm must receive an average score of 60% (or higher) in the Technical Review phase to move on to the Qualifications Interview phase. All three firms received the minimum scoring required from the combined reviews of the technical proposals illustrated in Table 3 below, and the City invited the firms to the Qualifications Interview phase of the selection process to discuss their respective approach to the requested services. Interviews were held virtually on April 9, 2024.
Table 3: Vendor Technical Review
Vendor Evaluator
1 Evaluator
2 Evaluator
3 Total Avg.
Score
All City Management
Services, Inc.
90.5 94 79 87.83
Alltech Industries Inc. 85 49.5 81 71.83
Crossing Guard Services
LLC
58 64 64.5 62.17
Following the Qualifications Interviews and subsequent scoring by the Selection Committee, the Contract Administrator reviewed the cost proposals. The total scores of each vendor based on the Technical Review, Qualifications Interview, and Cost Scoring phases are shown in Table 4 below.
Item: 9
67 Table 4: Vendor Aggregate Scoring
Vendor Evaluator
1 Evaluator
2 Evaluator
3 Total Avg.
Score
All City Management
Services, Inc.
174 189.2 185.2 182.8
Alltech Industries Inc. 151.8 126.2 138.2 138.73
Crossing Guard Services
LLC
146.4 123.2 131.2 133.6
*Max Score 200
Throughout the RFP process, ACMS demonstrated an excellent understanding of the City’s needs. ACMS presented detailed training and management plans with checklists and highly organized communication protocols, which assured staff that ACMS was thoroughly prepared to implement the Scope of Work if selected. ACMS has extensive experience providing crossing guard services in Orange County, a unique familiarity with the Southern California labor market, and knowledge of school district operations in the area. As a result, the Selection Committee concluded that ACMS is the “most qualified” contractor to provide crossing guard services, considering all factors, including cost.
While the proposal submitted by Crossing Guard Services LLN (“CGS”) included competitive pricing, the firm had no experience in California and was unable to confidently communicate how they would rollout a completely new crossing guard service here in Lake Forest. Staff were also concerned about the lack of detail provided about personnel assigned by CGS to the project.
Alltech Industries Inc. (“Alltech”) also submitted a competitively priced proposal but had limited references for similar crossing guard service rollouts in the area.
Alltech’s expertise seemed to be more focused on security guard services rather than crossing guard services. Based on these factors, and the important operational and legal needs related to the crossing guard service, staff felt ACMS was the best vendor able to provide reliable crossing guard services that residents and students could count on.
Upon conclusion of the Qualifications Interview process, all proposers had the opportunity to submit a revised cost proposal. ACMS submitted a revised cost proposal. Table 5 below includes the cost proposals received on an hourly-rate basis.
Table 5: Cost Proposals (Per-Hour Price for Crossing Guards) Firm FY 24-25 FY 25-26 FY 26-27
All City Management Services, Inc. $31.53 $33.60 $35.72 Alltech Industries Inc. $27.51 $28.79 $30.08
Crossing Guard Services LLC $28.80 $29.60 $30.40
Item: 9
68 Although Alltech Industries Inc. submitted the lowest hourly rates, they received comparably lower overall scores relative to ACMS. It was clear to the Selection Committee that ACMS had the most thorough understanding of the sites, school district operations, and State laws. ACMS has provided services to Lake Forest since 2015 with an outstanding work record.
Staff met with ACMS on April 23, 2024, to negotiate the hourly rates submitted.
On April 24, 2024, ACMS responded with a revised cost proposal, which lowered the total compensation amount of the New Agreement by $80,870.40.
The revised cost proposal from ACMS included hourly rates which included a reduction of 3.8% for FY 2024-25, 6.1% for FY 2025-26, and 8.3% for FY 2026- 27 when compared to the rates originally proposed. A comparison of the prior proposed rates and of negotiated hourly rates is provided in Table 6 below.
Table 6 also includes annual amounts for the 23 crossing guard stations as well as the option for an additional site.
Table 6: ACMS Final Cost Proposal and Total Compensation Amount, Per Year Agreement
Year Services
Proposed
Hourly
Rate
Negotiated
Hourly
Rate
Revised Cost
Proposal Not-To-
Exceed
Compensation
2024-25
23 Crossing Guard
Stations $31.53 $30.31 $376,450.20
2024-25
Optional
Services/Additional
School Site
$31.53 $30.31 $16,367.40
2025-26 23 Crossing Guard
Stations $33.60 $31.52 $391,478.40
2025-26
Optional
Services/Additional
School Site
$33.60 $31.52 $17,020.80
2026-27 23 Crossing Guard
Stations $35.72 $32.75 $407,127.60
2026-27
Optional
Services/Additional
School Site
$35.72 $32.75 $17,701.20
Total Not-To-Exceed Agreement Amount $1,226,145.60
Staff recommends the City Council approve the proposed New Agreement for Crossing Guard Services with All City Management Services, Inc. The New Agreement includes the original 23 crossing guard stations and the option for an additional site or station, should the need arise during the contract term. The New Item: 9
69 Agreement includes a compensation amount of up to $1,226,145.60 and a three- year term with two optional one-year extensions (Attachment 4). The Agreement has been prepared by the Finance Department. The City Attorney has reviewed the New Agreement and approved it as to form.
FISCAL IMPACT:
The proposed New Agreement with All City Management Services, Inc. includes a total compensation amount up to $1,226,145.60 and a three-year term with two optional one-year extensions. The 2023-2025 Operating Budget includes sufficient funding to cover the costs of the recommended action.
ATTACHMENTS:
1. Professional Consultant Services Agreement with ACMS (Current Agreement)
2. First Amendment to Current Agreement with ACMS
3. Second Amendment to Current Agreement with ACMS
4. ACMS References
5. Proposed Professional Consultant Services Agreement with ACMS (New Agreement)
Initiated By: Nicole Houston, Management Analyst
Submitted By: Sean McGovern, Deputy City Manager
Approved By: Debra Rose, City Manager
Item: 9
70 Attachment 1
Item: 9
71 CITY OF LAKE FOREST
PROFESSIONAL ONSULTA T SERVICES AGREEMENT
PARTIES AND DATE.
This Agreement is made and entered into this cl day of chtLiiii, 202, by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California, 92630 (" City") and All City Management Inc.; a California Corporation, with its principal place of business at 10440 Pioneer Boulevard, Suite 5, Santa Fe Springs, California 90670 ( Consultant"). City and Consultant are sometimes individually referred to herein as Party" and collectively as " Parties.
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional Crossing Guard services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Crossing Guard services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional Crossing Guard services for the project (" Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work. necessary to fully and adequately supply the professional Crossing Guard services necessary for the Project (" Services"). The Services are more particularly described in Exhibit " A" attached hereto and incorporated herein by reference. AU Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 7, 2020 to July 8, 2023, unless earlier terminated as provided herein. The City shall have the unilateral options at its sole discretion, to renew this Agreement automatically for no more than two ( 2) additional one-year teams. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3,2 Responsibilities of Consultant
3.2.1 Independent Contractor: Control and Payment of Subordinates. The BB& 2G19)
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72 Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit " B'F attached hereto and incorporated herein by reference.
Consultant represents that it has the professionai and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City. Consultant shall provide a more detailed schedule of antfcfpated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements_ . All work prepared by Consultant shall be subject to the approval of City.
32.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows Baron Farwell, General Manager.
3.2.5 City's Representative. The City hereby designates Brett Charming, Deputy City Manager, or his designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement (" City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
BB&K 2019)
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73 3.2.6 Consultant's Representative. Consultant hereby designates Baron Falwell, General Manager, or his designee, to act as its representative for the performance of this Agreement (" Consultant's onsultant's Representative"). Consultant's Representative shall have fell authority to represent and act on behalf of the Consultant for all purposes under this Agreement.
The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to Gigs staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the sane discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, perrnits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub - consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all CaliOSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services_ If Consultant performs any work knowing it to be contrary to such laws,rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. in carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: ( A) adequate life protection and lifesaving equipment and procedures; ( B) instructions in accident prevention for BB&K 2019)
55136.00200\31918793.1 - 3-
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74 ail employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and ( C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Insurance. Consultant agrees to procure and maintain, at Consultant's expense all insurance specified in Exhibit " Cr attached hereto and by this reference incorporated herein_ Consultant shall require all subconsultants to cam/ the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City,
3.2.12 Water Quality Management and Compliance.
3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assures any and all risks and liabilities arising therefrom.
3.2.12.2 Compliance with Water Qualit r Lafits Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating water quality and storm water; the Federal Water Pollution Control Act ( 33 U.S.C.§ 1251, et seq.), the California Porter Cologne Water Quality Control Act ( Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
3.2.12.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulations listed in Section 3.2.12.2 of this Agreement, Consultant must comply with all applicable requirements of the Orange County Drainage Area Management Plan (" DAMP"), the City of Lake Forest Local Implementation Plan("LIP") and the applicable Water Quality Management Plan (" WGMP"). The DAMP contains requirements related to design and construction of public projects. Consultant must be familiar the DAMP, and the LIP and comply with the requirements as specified therein.
A copy of the DAMP is available on the internet at:
hal s:%/media.o ov_comi vhwIwatershedsldocument / c am_ fdefaultasp A copy of the LIP is available on the Internet at:
http ll re v.iakeforest . govfdepts/ r{water ocal im[.ilementation 2g.asp More information on the applicable WQMP is available on the Internet at:
http:fiviiww.lakeforestcagovideptsiowfwalBitivater quality ran cement plan _(wgrnp).asp BMX 2019)
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75 3.2.1 . 4 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without irnpactfng water quality in violation of the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.2.12.5 Liability for Non-compliance.
A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.12.2 and 3.2.12.3 of this Agreement is a violation of federal and state law.. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
B) Defense: City reserves the right to defend any
enforcement action or civil action brought against the City for Consultant's failure to comply with any applicable waterquality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
C) Damages: City may seek damages from Consultant for
delay in completing the Services caused by Consultant's failure to comply with the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement, or any other relevant water quality law, regulation, or policy.
3.3 Fees and Payments.
3. 3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit
t'
C' attached hereto and incorporated herein by reference. The total compensation shall not exceed EIGHT HUNDRED FIFTY EIGHT THOUSAND EIGHT HUNDRED FOURTY THREE DOLLARS ($ 858,843) without written approval of the City Council or City Manager as applicable . Extra Work may be authorized. as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Corrimnsation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all ion - disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty ( 30) days of receipt of an invoice of any disputed fees set forth therein.
BU(BUJ< 2019)
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76 3.3 , 3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit " C" of this Agreement,
3.3.4 Extra Work. At any tirne during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, " Extra Work" means ary work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3,5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.11, the rate set forth in Exhibit " C" may be adjusted each year at the time of renewal as set forth in Exhibit " C."
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq_, and 1770, et seq., as well as Califomia Code of Regulations, Title 8, Section 10000, et seq., (" Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on " public works" and maintenance' projects. If the Services are being performed as part of an applicable " public works" or " maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $ 1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at theConsultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws..
3.4.2 Registration. If the Services are being performed as part of ar applicable public works" or " maintenance" project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771,1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (" DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of eB&K 2019)
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77 all work, data, documents, proceedings, and activities related to the . Agreement for a period of three ( 3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement..
3.6.1.1 Grounds for Termination, City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven ( 7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consui'tant may not terminate this Agreement except for cause,
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen ( 15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.1.4 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, cr at such other address as the respective parties may provide in writing for this purpose:
Consultant:
City:
All City Management
10440 Pioneer Blvd., Suite 5
Santa Fe Springs, CA 90670
ATTN: Baron Farweii, General Manager
City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
ATTN: City Cleric
Such notice shall be deemed made when personally delivered or when mailed, forty-eight ( 4 8) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.2 Ownershi of Materials and Confidentiality.
3.6.2.1 ! ocurnerits & Data: Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed B8&K 2019)
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78 in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (" Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared bydesign professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk_
3.6.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.2.3 Confidential Information. The City shall refrain from releasing Consultant's proprietary information " Proprietary Information" unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicab'l'e state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five ( 5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information.
Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense ( including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either:
1) Consultant fails to fully indemnify, defend ( with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or ( 2) a final and non - appealable order by a court of competent jurisdiction requires thatCity release such information.
3.6.3 Coo eration' Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
3.6.5 indemnification.
88&K 2019)
55136.00200131918793.1
Item: 9
79 To the fullest extent permitted by law, Consultant shall defend ( with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses.Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.
if Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a " design professional" ( as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.
3.6.8 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall he in Orange County.
3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 Citr's li ht to Em lo Other Consultants. City reserves right to employ other consultants in connection with this Project,
3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 Construction, References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and SW 2019)
55136.002C031918793.1 9-
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80 subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees,agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.13 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constitute a waiver of any ether default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.16 No Third - Party Beneficiaries_ There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3,6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions sha'il continue in full force and effect,
3.6.17 Prohibited Interests. Consultant maintains and wanants that it has nct employed nor retained any company or person, other than a bona fide employee working solely forConsultant, to solicit or secure this Agreement_ Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or snaking of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this. Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.18 , c u l OpportunityEmployment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.6,19 Labor Certification,. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement_ Each Party warrants that the individuals who have signed this Agreement have the legal power, right, BB&K 2019
55136 0020 t 191e79 . 1 10-
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81 and authority to make this Agreement and bind each respective Party.
3.6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7 Subcontracting.
3.7.1 Prior Approval equ4red. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without priorwritten approval of City. Subcontracts, if any, shall contain a provision making there subject to all provisions stipulated in this Agreement.
CITY OF LAKE FOREST'
By:
Neeki Moataed i
Ji
Mayor
ATTEST:
By:
Lisa Berglund
Acting City Clerk
v%
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
BB&K 2019)
55136,00200101918793.1 11-
All CITY
MANAGErNT
SERVICES
E v:
SER AM E AN • TITLE]
If Csrporation, TWO
SIGNATURES, President OR
Vice President AND Secretary
OR Treasurer REQUIRED]
IN } - T NAME AND TITLE
Item: 9
82 EXHIBIT " A"
SCOPE OF SERVICES
The City of Lake Forest requires a contractor to provide crossing guard services at various elementary school sites. Services include but are not limited to monitoring, supervising and assuring the safety of school children and pedestrians who utilize street intersections and crosswalks to and from school.
The Contractor shall:
Provide crossing guard services at the designated hours on all days the designated schools in the City are in session.
Provide supervisory personnel to oversee the activities of the crossing guards to ensure that crossing guards are preset at the required locations and times, Maintain adequate reserve personnel to provide alternate crossing guards if a crossing guard fails to report for work at the assigned time and location.
Provide properly trained personnel as specific herein for their performance and duties of crossing guards including the laws and codes of the State of California and the City pertaining to general pedestrian safety and school crossing areas.
Provide all crossing guards with apparel by which they are readily visible and easily recognized as crossing guards. Such apparel shall be uniform for all crossing guards, display the contractor's name, and shall always be worn while performing crossing guard duties.
Provide all crossing guards with handheld " STOPS" signs and other safety equipment as needed.
Consultant shall provide the City a crossing guard assignment schedule once a year in August to reflect the regular school year. Crossing guard assignment schedules shall include the following information:
O Site number
O Supervisor
School
O Intersection
Minimum days schedule and hours
Regular days schedule and hours
The number of hours the City will be invoiced for each respective site number.
Beet 2019) Extibit
55136.00200131916793.1
Item: 9
83 A. Examination of Work Area
Contractors are responsible for familiarizing themselves with the applicable schools and locations, prior to submitting a proposal, in order to understand the sites for crossing guard services. The City will compensate up to a maximum of three ( 3) hours per guard for each location when the crossing guard works the same location in both the morning and afternoon. Should the hours for the crossing guard services exceed the maximum, the firm must obtain prior approval from the City.
Submission of a proposal shall be deemed conclusive evidence that such a tour has been made and shall constitute a waiver by each of all claims of error in th•e proposal, withdrawal of the proposal, or combination thereof, under the executed agreement, or any revision thereof. As a part of its specifications, the City will provide all available information upon request, which it deems may be of assistance to prospective proposers.
It should be noted that street intersections that are to receive school crossing guard services are determined at the sole discretion of the City.
B. Equipment
A : list of ail equipment to be used by the crossing guard shall be included in the proposal. The City requires that the Contractor provides safety-reflectorized vests, stop signs, whistles, rain gear and identification, badges.
C. Staff
Contractor agrees that all individuals employed in this program will be employees of the Contractor. The Contractor will be responsible for recruitment, hiring and firing, and discipline employees. Contractor will also have the proper worker's compensation and liability insurance for their employees.
A pre - employment screening program shall include:
o Employment reference check
o prior felony convictions
Perform criminal background checllive scan
o Social Security verification
o Verify employment authorization for new employees using the U.S, Department of Homeland Security's E -Verify Program.
If Contractor is not enrolled in the U.S. Department of Homeland Security's E -Verify program, Contractor shall enroll in the program within fifteen ( 15) days of the effective date of the executed agreement.
Contractor will ensure each employee is able to effectively comprehend and communicate in English; be in good physical and mental health ( a BEM
2019)
Exhibit " A - I-2"
55136_00200\31S18793.1
Item: 9
84 medical history questionnaire shall be completed); ernpioyees are to provide their own transportation and work flexible hours.
Employees are required to wear safety-reflectoriz vests ( provided by Contractor while on duty).
The Contractor shall investigate all public complaints concerning crossing guard services. In the event of a complaint, the Contractor shall contact the City's Public Safety Division at ( 949) 282-5215 within two ( 2) hours to advise status of remedy/resolution of said complaint. Contractor shall furnish a written report of the incident to the City's Department of Management Services, Public Safety Division within five ( 5) business days after the occurrence.
Training: The Contractor shall provide a minimum of three one ( 1) hour training sessions for all employees hired as crossing guards in traffic measures to be used in conjunction with their crossing guard duties. Contractor must provide all employees a training manual that governs the crossing guard. program. A signed Affidavit by each employee shall be forwarded to the City at the end of the training. A copy of the training manual shall be included in the proposal.
D_ Other Specifications
The Contractor is expected to assure and enforce safety and proper street crossing, of school children in accordance with the schedule for each school.
The Contractor shall designate at least one person as a Supervisor for all locations in the City.
The Contractor shall schedule an orientation meeting with the City to coordinate the requirements of the agreement no later than one week prior to the commencement of the contract.
The Contractor agrees to permit the City to inspect its records with respect to services provided under the agreement. The City shall provide the Contractor reasonable notice prior to inspecting any records.
The Contractor must perform a drug -screening test and , incorporate a written policy on a " Drug and Alcohol - Free Environment'
BB&K 2019) Exhibit " A - I-3'
55136.00200%319 8793.1
Item: 9
85 E. Locations
Per the locations below, the City will compensate up to a rnairnurn of three hours per guard when the crossing guard works the same location in both the morning and afternoon. Should the hours for the crossing guard services exceed, the contractor must obtain prior approval from the City. Any changes or reductions to location and/or hours are at sole discretion of the City, Crossing Guard locations for Saddleback Valley Unified School District:
1 Lunette/Torino Dr ( South/East — morning & afternoon
2 Rue de Fortuna/ Fascia Place ( SouthfEast — morning & afternoon) 3 Rue de Fortune i Bake Parkway ( SouthfEast — morning; North/East - afternoon)
Los , Alisos / Rockfl ld ( North/East — morning & afternoon u
Los Alisos / Muirlands North/West — morning & afternoon) Landsview/Rockfield ( South/West — morning & afternoon) Ridge Route/Serrano ( North/West — morning & afternoon) 8 Ridge Route/Serrano ( South/West — morning & afternoon) 9 Ridge Route/Trabuco Rd ( SouthiWest — morning & afternoon) 10 El Toro Dr 1 Northcrest Dr. ( North ' Vest — morning & afternoon) 11 Lake Forest Dr / Pittsford Dr ( North/East — morning; North/ Nest - afternoon)
12 Pittsford Dr / Chariord Way ( South+'Vest — morning & afternoon) 13 Pittsford Dr / Northcrest ( North!West — morning & afternoon) 14 Dune Mear- Rockfieid SouthNVest — morning & afternoon) 15 El Rond / Ridge Route ( North/East - morning
16 Fawn Ridge / Saddleback Ranch ( South/East — morning & afternoon 17 Fawn Ridge / Saddleback Ranch ( North/East — morning & afternoon 18 Pendleton / Saddleback ( North/East — morning; South/East - afternoon)
19 Lake Forest Dr 1 Trrabuco Rd ( North/East — morning; North) est - afternoon)
20 Serrano Rd / Winding Way ( North/East — morning; school side - afternoon)
21 Ridge Route / Jeromino ( South/East - afternoon only) 22 Ridge Route 1,Jeromino ( North/East — morning & afternoon 23 IFOS/Rivendell ( rnornin only across from school
BB&K 2D19)
55136.00200)319187931
Exhibit " A - I=4"
Item: 9
86 EXHIBIT " 8"
SCHEDULE OF SERVICES
Consultant shall perform the services identified in the Scope of Work above at the direction of the City.
BB&K 2019) Exhibit B"-1
55136
Item: 9
87 EXHIBIT " CT
COCOMPENSATION
Consultant shall be paid the not - to - exceed sum of eight hundred fifty-eight thousand eight hundred forty three ($ 858!843) according to the schedule set forth below:
lumber of Sites at No Total
Early Release Hours a
Day
2020-21
School Year
Number of
Days a Year
23 69 180
Hourly
Billing Rate
2'1.91
Total
272,122.20
2021-22
School Year 23 69 180 23.62 293,360.40
2022-23
School Year 23
Total Original Agreement
69 130 23.62 293,360.40
858,843
Contractor shall provide a Performance Bond and Payment Bond pursuant to Sections 3.2.12.1 and 3.2.12.2 of this Agreement, executed by a surety meeting the qualifications described in Section 3.2.12A.
BMW 2011) Exhibit T"-1
55136.00200 31918793_1
Item: 9
88 EXHIBIT " D"
INSURANCE CEREQUIREMENTS
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section,
3.2.11.2 Tyees_of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without NNmitingthe indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
A) Commercial General Liability: Commercial General
Liability Insurance which affords coverage at least as broad as Insurance Services Office occurrence" form CG 0001, or the exact equivalent, with limits of not less than $ 1,000,000 per occurrence and no less than $ 2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions ( 1) iimiting coverage for contractual liability; ( 2) excluding coverage for claims or suits by one insured against another ( cross - liability); or ( 3) containing any other exclusions) contrary to the terms or purposes of this Agreement.
B) Automobile Liability insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering Any Auto" ( Symbol 1), or the exact equivalent, covering wily injury and property damage for all activities with limits of not less than $ 1,000,000 combined limit for each occurrence.
C) Workers" Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $ 1,000,000 000 per accident for bodily injury and disease.
D) Professional Liability errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant's profession with limits of not less than 1,000,000.. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed ( for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims - made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three ( 3) years from termination or expiration of this Ag regiment.
3.2.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
BB&K 2019) E rbit 4D"-1
5513E5.00200\31918193.1
Item: 9
89 A) Commercial General Liability [ INSERT " and Pollution Liability"; OTHERWISE, ALWAYS DELETEI:
1) Additional Insured: The City, its officials, officers, employees, agents, andvolunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not ( 1) be
restricted to " ongoing operations"; ( 2) exclude " contractual liability"; ( 3) restrict coverage to sole" liability of Consultant; or ( 4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 ( or endorsements providing the exact same coverage) to effectuate this requirement. 2) Cancellation: Required insurance policies shall not
be canceled or the coverage reduced until a thirty ( 30) day written notice of cancellation has been served upon the City except ten ( 1°) days shall be allowed for non-payment of premium.
B) Automobile Liability:
C) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty ( 30) day written notice of cancellation has been served upon the City except ten ( 10) days shall be allowed for non-payment of premium.
3.2.11.4 Professional Liability ( Errors & Omissions):
A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty ( 30) day written notice of cancellation has been served upon the City except ten ( 10) days shall be allowed for non-payment of premium.
B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must " pay on behalf of the insured and include a provision establishing the insurer's duty to defend.
3.2.11.5 Workers' Compensation:
A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty ( 30) day written notice of cancellation has been served upon the City except ten ( 10) days shall be allowed for non-payment of premium.
B) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers..
3.2.11.6 Primary and Non - Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
Bfl&K X1.19) Exhibit"'a"-2
55136.00200\31918793.1
Item: 9
90 3.2A1.7 Waiver of Subrogation, All policies of Commercial General Liability and Automobile t_iabifity insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.11.8 Deductibles and Self - Insured Retentions. Any deductible or self - insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and voiunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self - insured retention.
3.2.11.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy, Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen ( 15 days) prier to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten ( 10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.11.10 Failure to Maintain Coverage. 1n the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consuftant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.
3.2.11.11 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.11.12 nforce ent of Agreement Provisions ( non estgpp l).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder,
BMW 2019) Exhibit " D"-3
55136.0021=31918793.1
Item: 9
91 3.2.11.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.2.11.14 Insurance for Subconsultanta Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, rements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. Ali policies of Commercial General Liability insurance provided by Consultants subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant's compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
BB&K 2019) Exhibit ' U-4
5613 6.00200131918793.1
Item: 9
92 Attachment 2
Item: 9
93 CITY OF LAKE FOREST
FIRST AMENDMENT TO
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
1. PARTIES AND DATE.
This First Amendment to the Agreement for Professional Consultant Services (" First Amendment") is entered into on the . 2.___Lc) day of ` P , 2020, by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, CA 92630 (" City") and All City Management Services, Inc., a California Corporation, with its principal place of business at 10440 Pioneer Boulevard, Suite 5, Santa Fe Springs, California 90670 (" Consultant"). City and Consultant are sometimes individually referred to herein as " Party" and collectively as " Parties."
2. RECITALS.
2.1 Agreement. The Parties entered into that certain Agreement for Professional Crossing Guard Services dated July 9, 2020 (" Agreement").
2.2 First Amendment. The Parties now desire to amend the Agreement in order to expand the scope of services, and increase the total amount of compensation under the Agreement.
3. TERMS.
3.1 Extra Work. The Scope of Services as set forth in Exhibit " A" of the Agreement is hereby amended to include the Services set forth in Attachment 1 to this Amendment, attached hereto and incorporated herein.
3.2 Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit " C" attached hereto and incorporated herein by reference. The total compensation shall not exceed NINE
HUNDRED FOURTY THOUSAND FOUR HUNDRED SEVENTY
NINE DOLLARS AND SIXTY SIX CENTS ($ 940,479.66) without written approval of the City Council or City Manager as applicable.
Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
55136.00200\31919338.1 1-
Item: 9
94 CITY OF LAKE FOREST
By:
De Rose,
City Manager
ATTEST:
By: Lc%
Lisa Berglund,
Acting City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
ALL CITY MANAGEMENT SERVICES, INC.
By:
Ba o- Farwell, Preident
If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By.
Demetra Farwell, Secretary
55136.00200131919338.1 2-
Item: 9
95 ATTACHMENT " 1" TO FIRST AMENDMENT TO
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
EXHIBIT " A"
SCOPE OF WORK
Per the locations below, the City will compensate up to a maximum of three ( 4.5) hours per guard when the crossing guard works the same location in both the morning, mid- day, and afternoon. Should the hours for the crossing guard services exceed, the contractor must obtain prior approval from the City. Any changes or reductions to locations and/or hours are at sole discretion of the City.
Crossing Guard locations for Saddleback Valley Unified School District:
1 Lunette/Torino Dr ( South/East — morning & afternoon) 2 Rue de Fortuna/ Fascia Place ( South/East — morning & afternoon) 3 Rue de Fortune / Bake Parkway ( South/East — morning; North/East - afternoon)
4 Los Alisos / Rockfield ( North/East — morning & afternoon) 5 Los Alisos / Muirlands ( North/West — morning & afternoon) 6 Landsview/Rockfield ( South/West — morning & afternoon) 7 Ridge Route/Serrano ( North/West — morning & afternoon) 8 Ridge Route/Serrano ( South/West — morning & afternoon) 9 Ridge Route/Trabuco Rd ( South/West — morning & afternoon) 10 El Toro Dr / Northcrest Dr. ( North/West — morning & afternoon) 11 Lake Forest Dr / Pittsford Dr ( North/East — morning; North/West - afternoon )
12 Pittsford Dr / Charford Way ( South/West — morning & afternoon) 13 Pittsford Dr / Northcrest ( North/West — morning & afternoon) 14 Dune Mear / Rockfield ( South/West — morning & afternoon) 15 El Rond / Ridge Route ( North/East - morning)
16 Fawn Ridge / Saddleback Ranch ( South/East — morning & afternoon) 17 Fawn Ridge / Saddleback Ranch ( North/East — morning & afternoon) 18 Pendleton / Saddleback ( North/East — morning; South/East - afternoon)
19 Lake Forest Dr / Trabuco Rd ( North/East — morning; Northiest - afternoon)
20 Serrano Rd / Winding Way ( North/East — moming; school side - afternoon)
21 Ridge Route / Jeromino ( South/East - afternoon only) 22 Ridge Route / Jeromino ( North/East — morning & afternoon) 23 IFOS/Rivendell ( morning only across from school)
55136.00200\31919338.1 Attachment " I"-1
Item: 9
96 ATTACHMENT " 2" TO FIRST AMENDMENT TO
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
EXHIBIT " C"
COMPENSATION
Consultant shall be paid the not - to - exceed sum of nine hundred forty thousand four hundred seventy nine dollars and sixty six cents ($ 940,479.66) according to the schedule set forth below:
Original Contract
Number of Sites at
No Early Release
Total
Hours a
Day
Number of
Days a Year
Hourly
Billing Rate
Total
2020-21
School
Year
23 92 180 21.91 272,122.20
2021-22
School
Year
23 92 180 23.62 293,360.40
2022-23
School
Year
23 92 180 23.62 293,360.40
Total Origina Agreement 858,843
First Amendment
Number of Sites
at No Early
Release
Total Hours
a Day
Number of
Days a Year
Hourly
Billing
Rate
Total
2020-21 School
Year 23 69 156 21.91 235,839.24
2020-21 School
Year ( Mid Day)
23 34.5 156 21.91 117,919.62
2021-22 School
Year 23 92 180 23.62 293,360.40
2022-23
School Year 23 92 180 23.62 293,360.40
Total Cost at First Amendment: 940,479.66
55136.00200\31919338.1 Attachment " I"-2
Item: 9
97 Attachment 3
Item: 9
98 55136.00200\31919338.1 - 1 -
CITY OF LAKE FOREST
SECOND AMENDMENT TO
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
1. PARTIES AND DATE.
This Second Amendment to the Agreement for Professional Consultant Services (“ Second Amendment”) is entered into on the [*** INSERT DAY***] day of [*** INSERT MONTH***], INSERT YEAR***], by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, CA 92630 (“ City”) and All City Management Services, Inc., a California Corporation, with its principal place of business at 10440 Pioneer Boulevard, Suite 5, Santa Fe Springs, California 90670 (" Consultant"). City and Consultant are sometimes individually referred to herein as " Party" and collectively as " Parties."
2. RECITALS.
2.1 Agreement. The Parties entered into that certain Agreement for Professional Crossing Guard Services dated July 9, 2020 (“Agreement”).
2.2 First Amendment. The Parties entered into that certain First Amendment to expand the scope of services and increase the total amount of compensation under the Agreement, dated September 25, 2023 (“First Amendment”).
2.3 Second Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement, modify the scope of services, and increase the total amount of compensation under the Agreement.
3. TERMS.
3.1 Term. Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:
Term. The term of this Agreement shall be from July 7, 2020 to July 8, 2024, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than one ( 1) additional one- year terms. Consultant shall complete the Services withing the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “ C” attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE
MILLION THREE HUNDRED TWO THOUSAND ONE HUNDRED
DocuSign Envelope ID: 6A1F47A4- 0BA5- 400F- B78B- 54A6231B1ED9 2023
26 JUNE
Item: 9
99 55136.00200\31919338.1 - 2 -
FIFTY DOLLARS AND SIX CENTS ($ 1,302, 150. 06) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3 Scope of Services. The Scope of Services as set forth in Exhibit “ A” of the Agreement is hereby amended to modify the Services as set forth in Attachment 1 to this Amendment, attached hereto and incorporated herein.
3.4 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
CITY OF LAKE FOREST ALL CITY MANAGEMENT SERVICES, INC.
By: [ AUTHORIZED CITY SIGNATURE]
Doug Cirbo
Mayor
By: [ VENDOR SIGNATURE 1]
Baron Farwell, General Manager
Chairman of the Board
If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By: [ CITY CLERK SIGNATURE]
Lisa Berglund
City Clerk
By: [ VENDOR SIGNATURE 2]
Demetra Farwell, Director of
Human Resources
Secretary
APPROVED AS TO FORM:
By: [ CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
DocuSign Envelope ID: 6A1F47A4- 0BA5- 400F- B78B- 54A6231B1ED9 Chairman of theBoardChiefOperatingOfficerXXXXXXXXXXXXXXX000000000000000000 BrianBrooks0000000000000000000000000000BaronFarwell, GeneralManagerXBXXXXXXXXXXXXXXXXXXXXXXX Chief Operating Officer
Brian Brooks
Item: 9
100
55136.00200\31919338.1 Attachment “ 1”-1
ATTACHMENT “ 1” TO SECOND AMENDMENT TO
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
Per the locations below, the City will compensate for up to a maximum of three ( 3) hours per guard when the crossing guard works the same location in both the morning and afternoon.
Should the hours for the crossing guard services exceed the contractor must obtain prior approval from the City. Any changes to locations are at sole discretion of the City.
Crossing Guard locations for Saddleback Valley Unified School District:
1 Lunette/ Torino Dr ( South/ East)
2 Rue de Fortuna/ Fascia Place ( South/ East)
3 Rue de Fortune / Bake Parkway ( South/ East morning, North/ East afternoon) 4 Los Alisos / Rockfield ( North/ East)
5 Los Alisos / Muirlands ( North/ West)
6 Landsview/ Rockfield ( South/ West)
7 Ridge Route/ Serrano ( North/ West)
8 Ridge Route/ Serrano ( South/ West)
9 Ridge Route/ Trabuco Rd ( South/ West)
10 El Toro Dr / Northcrest Dr. ( North/ West)
11 Lake Forest Dr / Pittsford Dr ( North/ East morning & North/ West afternoon) 12 Pittsford Dr / Charford Way ( South/ West)
13 Pittsford Dr / Northcrest ( North/ West)
14 Dune Mear / Rockfield ( South/ West)
15 El Rond / Ridge Route ( North/ East morning)
16 Fawn Ridge / Saddleback Ranch ( South/ East)
17 Fawn Ridge / Saddleback Ranch ( North/ East)
18 Pendleton / Saddleback ( North/ East morning & South/ East afternoon) 19 Lake Forest Dr / Trabuco Rd ( North/ East morning & North/ West afternoon) 20 Serrano Rd / Winding Way ( North/ East morning & school side afternoon) 21 Ridge Route / Jeromino ( South/ East afternoon )
22 Ridge Route / Jeromino ( North/ East)
23 IFOS/ Rivendell ( morning across from school)
DocuSign Envelope ID: 6A1F47A4- 0BA5- 400F- B78B- 54A6231B1ED9 Item: 9
101
55136.00200\31919338.1 Attachment “ 2”-1
ATTACHMENT “ 2” TO SECOND AMENDMENT TO
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
EXHIBIT “ C”
COMPENSATION
Consultant shall be paid the not- to-exceed sum of One Million Three Hundred Two Thousand One Hundred Fifty Dollars and Six Cents ($ 1,302, 150. 06) according to the schedule set forth below:
ORIGINAL CONTRACT
School Year
Number of Site
at No Early
Release
Total Hours a
Day
Number of
Days a Year
Hourly Billing
Rate Total
2020- 21 23 92 180 $ 21. 91 $ 272, 122. 20
2021- 22 23 92 180 $ 23. 62 $ 293, 360. 40
2022- 23 23 92 180 $ 23. 62 $ 293, 360. 40
Total Original Agreement $ 858, 843. 00
FIRST AMENDMENT
School Year
Number of Site
at No Early
Release
Total Hours a
Day
Number of
Days a Year
Hourly Billing
Rate Total
2020- 21 23 69 156 $ 21. 91 $ 272, 122. 20
2020- 21
Mid- Day)
23 34. 5 156 $ 21. 91 $ 117, 919. 62
2021- 22 23 92 180 $ 23. 62 $ 293, 360. 40
2022- 23 23 92 180 $ 23. 62 $ 293, 360. 40
Total Cost at First Amendment $ 940, 479. 66
SECOND AMENDMENT
School Year
Number of Site
at No Early
Release
Total Hours a
Day
Number of
Days a Year
Hourly Billing
Rate Total
2023- 24 23 69 180 $ 29. 12 $ 361, 670. 40
Total Additional Cost Year 4 $ 361, 670. 40
Total Cost at Second Amendment $ 1,302, 150. 06
DocuSign Envelope ID: 6A1F47A4- 0BA5- 400F- B78B- 54A6231B1ED9 Item: 9
102
Attachment 4
Item: 9
103
CITY OF LAKE FOREST – MANAGEMENT SERVICES
REFERENCE CHECK
All City Management Services, Inc.
Crossing Guard Services
Reference #1
Agency: City of Tustin, Police Dept.
Project: Crossing Guard Services
Reference #2
Orange County Sheriff’s Dept.
Crossing Guard Services
Reference #3
City of Fullerton
Crossing Guard Services
Contact Info: Sergeant John Hedges
Phone: (714) 573‐3200
Bridgette Ludwig
(714) 647‐1850
[email protected]
Lt Tony Bogart
(714) 738‐6816
[email protected]: [email protected]
QUESTIONS RESPONSE RESPONSE RESPONSE
1. What services were
performed?
Crossing Guard Services Crossing Guard Services –
Unincorporated Areas
Crossing Guard Services
2. How would you rate the
quality of work?
3. How would you rate the
firm’s knowledge of the subject
matter?
Great
Great
Great Great/Excellent
ExcellentExcellent
4. Rate the communication
with the firm. Great Great Great
5. Would you hire the firm
again? Yes Yes Yes
6. Do you have any additional
comments or information
regarding your experience with
the firm?
N/A N/A This contract will be brought to City
Council for a 5‐year term extension, in
the coming months.
Item: 9
104
ATTACHMENT 5
Item: 9
105
CROSSING GUARD SERVICES (2024-041) City of Lake Forest 100 Civic Center Dr. Lake Forest, CA 92630 Item: 9
106
City of Lake Forest Professional Consultant Services Agreement Crossing Guard Services I. PARTIES AND DATE. .............................................................................. II. RECITALS. .............................................................................................. III. TERMS................................................................................................... IV. SIGNATURES. ........................................................................................ V. EXHIBIT "A" SCOPE OF SERVICES ........................................................... VI. EXHIBIT "B" - SCHEDULE OF SERVICES .................................................. VII. EXHIBIT "C" - COMPENSATION .............................................................. VIII. EXHIBIT "D" - INSURANCE REQUIREMENTS ...........................................
Item: 9
107
Title: Crossing Guard Services
3 1. PARTIES AND DATE. This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California California Corporation (Inc.) , with its principal place of business at 10440 Pionee City Item: 9
108
Title: Crossing Guard Services
4 2. RECITALS. 2.1. Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional Crossing Guard Services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Crossing Guard Services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2. Project. City desires to engage Consultant to render such professional Crossing Guard Services for the Crossing Guard Services project ("Project") as set forth in this Agreement.
Item: 9
109
Title: Crossing Guard Services
5 3. TERMS. 3.1. Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Crossing Guard Services consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from July 9, 2024 to July 8, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two (2) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2. Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
Item: 9
110
Title: Crossing Guard Services
6 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Robert Gerace, Project Manager. 3.2.5 City's Representative. The City hereby designates Sean McGovern, Deputy City Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates David Mecusker, Marketing and Contracts Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its Item: 9
111
Title: Crossing Guard Services
7 sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 insurance specified in Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City. 3.2.12 Water Quality Management and Compliance. 3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom. 3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other Item: 9
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8 municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. 3.2.12.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulations listed in Section 3.2.12.2 of this Agreement, Consultant must comply with all anagement Plan The DAMP contains requirements related to design and construction of public projects. Consultant must be familiar the DAMP, and the LIP and comply with the requirements as specified therein. A copy of the DAMP is available on the internet at: http://www.ocwatersheds.com/documents/damp/mapplan A copy of the LIP is available on the internet at: http://www.lakeforestca.gov/296/Local-Implementation-Plan-LIP 3.2.12.4 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services. 3.2.12.5 Liability for Non-compliance. (A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.12.2 and 3.2.12.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City folaw, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Consultant for delay in described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement, or any other relevant water quality law, regulation, or policy. regulation, or policy.
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9 3.3. Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE MILLION TWO HUNDRED TWENTY-SIX THOUSAND ONE HUNDRED FORTY-FIVE DOLLARS AND SIXTY CENTS ($1,226,145.60) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, y be adjusted each year at the time of renewal as set forth in Exhibit 3.4. Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, Item: 9
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10 agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration. If the Services are being performed as part of an a1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. ll applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. 3.5. Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6. General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.1.4 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: All City Management Services, Inc. 10440 Pioneer Blvd., Suite 5 Item: 9
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11 Santa Fe Springs, CA 90670 ATTN: David Mecusker, Marketing and Contracts Manager City: City of Lake Forest 100 Civic Center Drive Lake Forest, CA 92630 ATTN: City Clerk Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.2 Ownership of Materials and Confidentiality. 3.6.2.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.6.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.2.3 Confidential Information. The City shall refrain froproprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall Item: 9
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12 notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (includiInformation. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. 3.6.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reason¬able attorney's fees and all other costs of such action. 3.6.5 Indemnification. To the fullest extent permitted by law, Consultant shall defend (with choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers. y, and/or hold harmless arises out of 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Conrelate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent j 3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County. 3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
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Title: Crossing Guard Services
13 3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant¬, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment Item: 9
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Title: Crossing Guard Services
14 because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.6.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.7. Subcontracting. 3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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Title: Crossing Guard Services
15 4. SIGNATURES. 4.1. SIGNATURES. CITY OF LAKE FOREST All City Management Services, Inc. By: [AUTHORIZED CITY SIGNATURE] Mark Tettemer Mayor By: [VENDOR SIGNATURE 1] Baron Farwell President [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary OR Treasurer REQUIRED] ATTEST: By: [CITY CLERK SIGNATURE] Lisa Berglund City Clerk By: [VENDOR SIGNATURE 2] Demetra Farwell Secretary (Corporation or LLC) APPROVED AS TO FORM: By: [CITY ATTORNEY SIGNATURE] Best Best & Krieger LLP City Attorney [CONTRACT ADMINISTRATOR APPROVAL] [PROJECT MANAGER APPROVAL] [CITY CLERK - INSURANCE APPROVAL] Item: 9
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16 5. EXHIBIT "A" SCOPE OF SERVICES 5.1. EXHIBIT "A" SCOPE OF SERVICES Consultant shall provide the following Crossing Guard Services professional consulting services relative to the City's Crossing Guard Services project. The City of Lake Forest requires a contractor to provide crossing guard services at various elementary school sites. Services include but are not limited to monitoring, supervising and assuring the safety of school children and pedestrians who utilize street intersections and crosswalks to and from school. The Contractor shall: Provide crossing guard services at the designated hours on all days the designated schools in the City are in session. Provide supervisory personnel to oversee the activities of the crossing guards to ensure that crossing guards are preset at the required locations and times. Maintain adequate reserve personnel to provide alternate crossing guards if a crossing guard fails to report for work at the assigned time and location. Provide properly trained personnel as specific herein for their performance and duties of crossing guards including the laws and codes of the State of California and the City pertaining to general pedestrian safety and school crossing areas. Provide all crossing guards with apparel by which they are readily visible and easily recognized as crossing guards. Such apparel shall be uniform for all crossing guards, displaand shall always be worn while performing crossing guard duties. Consultant shall provide the City a crossing guard assignment schedule once a year in August to reflect the regular school year. Crossing guard assignment schedules shall include the following information: oSite number oSupervisor oSchool oIntersection oMinimum days schedule and hours oRegular days schedule and hours oThe number of hours the City will be invoiced for each respective site number. A. Examination of Work Area Contractors are responsible for familiarizing themselves with the applicable schools and locations, prior to submitting a proposal, in order to understand the sites for crossing guard services. The City will compensate up to a maximum of three (3) hours per guard for each location when the crossing guard works the same location in both the morning and afternoon. Should the hours for the crossing guard services exceed the maximum, the firm must obtain prior approval from the City. Submission of a proposal shall be deemed conclusive evidence that such a tour has been made and shall constitute a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or combination Item: 9
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Title: Crossing Guard Services
17 thereof, under the executed agreement, or any revision thereof. As a part of its specifications, the City will provide all available information upon request, which it deems may be of assistance to prospective proposers. It should be noted that street intersections that are to receive school crossing guard services are determined at the sole discretion of the City. B. Equipment A list of all equipment to be used by the crossing guard shall be included in the proposal. The City requires that the Contractor provide safety-reflectorized vests, stop signs, whistles, rain gear, and identification badges. C. Staff Contractor agrees that all individuals employed in this program will be employees of the Contractor. The Contractor will be responsible for recruitment, hiring and firing, and discipline employees. Contractor will A pre-employment screening program shall include: oEmployment reference check oNo prior felony convictions oPerform criminal background check/live scan oSocial Security verification oVerify employment authorization for new employees using the U.S. Department of Homeland -Verify Program. If -Verify program, Contractor shall enroll in the program within fifteen (15) days of the effective date of the executed agreement. Contractor will ensure each employee is able to effectively comprehend and communicate in English; be in good physical and mental health (a medical history questionnaire shall be completed); employees are to provide their own transportation and work flexible hours. The Contractor shall investigate all public complaints concerning crossing guard services. In the -5215 within two (2) hours to advise status of remedy/resolution of said complaint. Contractor shall Safety Division within five (5) business days after the occurrence. D. Apparel Employees are required to wear safety-reflectorized vests (provided by Contractor while on duty). An image of the mandatory uniform must be included in the proposal. Should a uniform change be required, the City must be notified prior to implementation. The notification should include a new image, showcasing the revised uniform. The City reserves the right to approve or request modifications to any proposed uniform change. E. Training The Contractor is expected to assure and enforce safety and proper street crossing of school children in accordance with the schedule for each school.
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Title: Crossing Guard Services
18 The Contractor shall provide a minimum of three (3) one (1) hour training sessions for all employees hired as crossing guards in traffic measures to be used in conjunction with their crossing guard duties. Contractor must provide all employees a training manual that governs the crossing guard program. A signed Affidavit by each employee shall be forwarded to the City at the end of the training. A copy of the training manual shall be included in the proposal. F. Pedestrian Count The Contractor shall conduct regular and accurate pedestrian counts at designated crossing locations throughout the duration of the contract. The purpose of these counts is to gather data on pedestrian activity for traffic management and safety analysis. The proposal should contain a plan for the collection of pedestrian counts, including frequency, methodology, and reporting. G. Other Specifications The Contractor shall designate at least one person as a Supervisor for all locations in the City. The Contractor shall schedule an orientation meeting with the City to coordinate the requirements of the agreement no later than one week prior to the commencement of the contract. The Contractor agrees to permit the City to inspect its records with respect to services provided under the agreement. The City shall provide the Contractor with reasonable notice prior to inspecting any records. The Contractor must perform a drug-Alcohol-Free Environment." H. Locations Per the locations below, the City will compensate up to a maximum of three (3) hours per guard when the crossing guard works the same location in both the morning and afternoon. Should the hours for the crossing guard services exceed, the contractor must obtain prior approval from the City. Any changes, including additions or reductions to locations and/or hours, are at the sole discretion of the City. Crossing Guard locations for Saddleback Valley Unified School District: School Site Cross Streets Location Foothill Ranch Elementary 1 Lunette Ave/ Torino Dr South/East 2 Rue de Fortuna/ Fascia Pl South/East 3 Rue de Fortuna / Bake Pkwy South/East North/East Ralph A. Gates Elementary 4 Los Alisos Blvd/ Rockfield Blvd North/East 5 Los Alisos Blvd/ Muirlands Blvd North/West 6 Landsview/ Rockfield Blvd South/West La Madera Elementary 7 Ridge Route Dr/ Serrano Rd North/West 8 Ridge Route Dr/ Serrano Rd South/West 9 Ridge Route Dr/ Trabuco Rd South/West Item: 9
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Title: Crossing Guard Services
19 Lake Forest Elementary10El Toro Rd / Northcrest DrNorth/West11 Lake Forest Dr / Pittsford Dr North/East North/West 12 Pittsford Dr / Charford Way South/West 13 Pittsford Dr / Northcrest Dr North/West Olivewood Elementary 14 Dune Mear Rd/ Rockfield Blvd South/West 15 Elrond Ln/ Ridge Route Dr North/East Portola Hills Elementary 16 Fawn Ridge Rd/ Saddleback Ranch Rd South/East 17 Fawn Ridge Rd/ Saddleback Ranch Rd North/East 18 Pendleton Rd/ Saddleback Ranch Rd North/East South/East Rancho Canada Elementary 19 Lake Forest Dr / Trabuco Rd North/East North/West 20 Serrano Rd / Winding Way North/East School side Santiago Elementary 21 Ridge Route Dr/ Jeronimo Rd South/East 22 Ridge Route Dr/ Jeronimo Rd North/East 23 IFOS/ Rivendell Dr Across from school Item: 9
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Title: Crossing Guard Services
20 6. EXHIBIT "B" - SCHEDULE OF SERVICES 6.1. EXHIBIT "B" - SCHEDULE OF SERVICES The Consultant shall provide the services described in Exhibit City.
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Title: Crossing Guard Services
21 7. EXHIBIT "C" - COMPENSATION 7.1. EXHIBIT "C" - COMPENSATION Consultant shall be paid for services in accordance with Section 3.3 of the Agreement and as described ONE MILLION TWO HUNDRED TWENTY-SIX THOUSAND ONE HUNDRED FORTY-FIVE DOLLARS AND SIXTY CENTS ($1,226,145.60). Compensation shall be paid per the following schedule and rates set forth below. Fiscal Year School Days Per Fiscal Year Number of School Sites Hours Per Day Hourly Billing Rate Total 2024- 2025 180 23 3 $30.31 $376,450.20 2025-2026 180 23 3 $31.52 $391,478.40 2026-2027 180 23 3 $32.78 $407,127.60 Optional Services/ Additional School Site: 2024- 2025 180 1 3 $30.31 $16,367.40 2025-2026 180 1 3 $31.52 $17,020.80 2026-2027 180 1 3 $32.78 $17,701.20 Year 1 Total: $392,817.60 Year 2 Total: $408,499.20 Year 3 Total: $424,828.80 Total Contract Amount: $1,226,145.60 In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Long Beach-Anaheim.
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Title: Crossing Guard Services
22 8. EXHIBIT "D" - INSURANCE REQUIREMENTS 8.1. EXHIBIT "D" - INSURANCE REQUIREMENTS 1.1.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. 1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. 1.1.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies: (A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Item: 9
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Title: Crossing Guard Services
23 Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers. 1.1.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. 1.1.5 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 1.1.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. 1.1.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to Item: 9
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Title: Crossing Guard Services
24 avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. 1.1.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice. 1.1.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. 1.1.10 Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder. 1.1.11 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. 1.1.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. nts performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/18/2024
DEPARTMENT: Management Services
SUBJECT:
AWARD OF PROFESSIONAL CONSULTANT SERVICES AGREEMENT WITH
THE PET ADOPTION CENTER OF ORANGE COUNTY
RECOMMENDED ACTION(S):
1. Approve the Professional Consultant Services Agreement with the Pet Adoption Center of Orange County (“Agreement”).
2. Authorize the Mayor to sign and City Clerk to attest to the Agreement with the Pet Adoption Center of Orange County, substantially in the form attached.
EXECUTIVE SUMMARY:
Since 2016, the City has contracted with the Pet Adoption Center of Orange County (“PAC-OC”). The PAC-OC operates out of a commercial property on Muirlands Boulevard and can house up to 20 dogs at any given time. The goal of the arrangement with the PAC-OC is to alleviate space constraints at the former shelter sites operated by the City’s primary animal care provider, Orange County Animal Care (“OCAC”). The PAC-OC also provides a local option for Lake Forest residents to potentially relinquish their dogs, rather than traveling to the OCAC shelter. In addition,, the PAC-OC offers adoption services, pet owner counseling, volunteering opportunities for locals, and assistance with the City’s annual Pet Expo event.
Anticipating the expiration of the PAC-OC’s current agreement with the City (“Current Agreement”) on June 30, 2024, staff negotiated with PAC-OC staff to form the proposed Professional Consultant Services Agreement with the PAC- OC (“New Agreement”)(Attachment 1). Like agreements that covered previous fiscal years, the New Agreement includes a $19,000 compensation amount for the same scope of services and a one-year term ending June 30, 2025. The PAC-OC expressed an interest in negotiating a new approach to compensation for its services; staff plan to continue discussions with the PAC-OC about its requested changes into the term of the New Agreement should it be approved by the City Council.
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Staff recommends the City Council approve the proposed New Agreement with the PAC-OC. The 2023-2025 Operating Budget includes sufficient funding to cover the costs of the proposed New Agreement.
BACKGROUND:
On December 6, 2016, the City and the PAC-OC entered into a professional consultant services agreement (“Pilot Agreement”) with the PAC-OC for the provision of animal care services. The Pilot Agreement included a one-year term beginning July 1, 2017, and a compensation amount of $30,000. OCAC provided the City with $15,000 to offset the compensation costs of the Pilot Agreement.
The OCAC only provided this payment for the first year of the City’s contractual relationship with the PAC-OC.
The PAC-OC was required by the Pilot Agreement to have a physical presence in Lake Forest, accept animals from the OCAC, rehabilitate animals to facilitate their adoptions, and assist the public with conducting adoptions at the facility.
Additionally, the Pilot Agreement required the PAC-OC to inform Lake Forest households about low-cost or free microchipping, vaccination, and neutering services. Upon establishing in Lake Forest in 2017, Lake Forest residents could use the PAC-OC as a free tool for crisis management and pet-related counseling.
Residents of Lake Forest have been given volunteer opportunities by the PAC- OC to assist with on-site animal care. The goal of the Pilot Agreement with PAC- OC was to divert animals from the OCAC shelter and make it easier for them to find local homes. From 2021 to 2022, each day an animal remained in the OCAC shelter cost the City approximately $56 per day.
On June 27, 2019, the City entered into a new agreement (“2019 Agreement”) with the PAC-OC in anticipation of the expiration of the Pilot Agreement. The term of the 2019 Agreement was originally set for July 1, 2019, to June 30, 2020, but was extended twice via two one-year extensions. The term of the 2019 Agreement ended on June 30, 2022. The compensation amount for the 2019 Agreement was $15,000 per year made by the City in two installments of $7,500.
The 2019 Agreement was different from the Pilot Agreement in that it broadened the intake area from the OCAC shelter population to the entire OCAC service territory. The PAC-OC shelter can house up to 20 dogs at any given time. The OCAC service territory requirement allows the PAC-OC to intake dogs from any of the participating cities that contract with OCAC for animal care services to meet the population requirements in its arrangement with the City. The broadening of the intake area allowed the PAC-OC to remain virtually full throughout the COVID-19 pandemic, as the demand for pet adoptions was unusually high and population for dogs subject to intake was low as a result of increased adoption rates throughout the pandemic. Since it was difficult for the Item: 10
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PAC-OC to adopt pets from the OCAC shelter to meet population requirements, the 2019 Agreement accommodated these COVID-19-inspired dynamics by changing the PAC-OC’s population requirements. In the prior Pilot Agreement, 60% of the PAC-OC’s shelter population must have originated from an Orange County Animal Care shelter. In the 2019 Agreement, 60% of the shelter population could have originated from anywhere in the OCAC service territory.
While the 2019 Agreement eased the shelter population requirements of the PAC-OC, it increased requirements related to community services. Under the 2019 Agreement, the PAC-OC was required to provide new or increased levels of community services, such as providing low or no-cost immunizations, offering 12 free microchipping services, providing financial assistance to at least one pet owner for spay or neutering, and authoring at least four major articles per year to be included in the City’s Leaflet newsletter or social media. In addition, PAC-OC must participate in at least four community events per year and will cosponsor at least one major event annually (i.e., Pet Expo). The PAC-OC would also offer free counseling and guidance to pet owners in Lake Forest regarding relinquishment, vaccinations, spay or neutering, and other pet-related concerns.
On July 5, 2023, the City Council approved the City’s current agreement with the PAC-OC (“Current Agreement”). The term of the Current Agreement is set to expire on June 30, 2024.
DISCUSSION:
This report provides the New Agreement for the City Council’s consideration, which is the result of negotiations between staff and the PAC-OC (Attachment 1).
The proposed New Agreement includes a one-year term commencing July 1, 2024, and a $19,000 compensation amount. This compensation amount is the same amount the PAC-OC received for services during the previous fiscal year.
The New Agreement would require that 50% of the PAC-OC’s shelter space and resources be dedicated to animals that originate from Lake Forest or the OCAC service area. The proposed New Agreement also includes a clause requiring the PAC-OC to intake at least four dogs annually directly from Lake Forest residents.
Table 1 below provides an overview of the New Agreement's scope of work.
Table 1: Summary of PAC-OC New Agreement Scope of Work
Service Description
Operate Local
Public
Location
Operate the adoption center locally (currently situated in Lake Forest at 24331 Muirlands Boulevard, Suites E & F, Lake Forest, CA 92630). The building must be accessible to the public Monday through Friday during regular business hours with after-hours appointment options available.
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Service Description
Provide
Shelter
Services
Provide animal shelter services in accordance with California Civil Code Section 1834 and the “Guidelines for Standards of Care in Animal Shelters,” published by the Association of Shelter Veterinarians and implement practices consistent with said Guidelines.
Space and
Origination
Requirements
Funds will only go towards dogs that originate from Lake Forest residents.
Reporting
Requirements
Provide monthly reports that include shelter population data, records of low or no-cost vaccinations, neutering, or
microchipping provided, and other data that demonstrates compliance with the New Agreement. Provide monthly reports that describe the shelter population demographics (i.e., city or origin), community engagement activity, and free services provided to Lake Forest residents.
Public
Engagement
Provide at least four (4) major articles per year to be included in the City’s Leaflet newsletter or social media. Participate in at least four (4) community events per year. Contractor will cosponsor at least one major event annually (i.e., Pet Expo).
Shelter
Intervention &
Counseling
Services
Provide free counseling and guidance to pet owners in Lake Forest regarding relinquishment, vaccinations,
spay/neutering, and other guidance. Counseling should
emphasize strategies that decrease the reliance on OCAC shelter services. Provide financial assistance to at least one (1) pet owner for spay/neuter service.
Microchipping Provide at least twelve microchipping placements per year as requested by Lake Forest residents.
The New Agreement would require the PAC-OC to provide monthly performance reports, as was required during previous contract years. Data related to intake, adoptions, and other animal outcomes must be reported, as well as details about the facility's general animal population, the free and low-cost services that are rendered (including microchipping and spay/neutering), event activities, and community engagement initiatives. Before approving invoices received from the PAC-OC, staff review performance reports that are submitted with each invoice package. The PAC-OC's shelter population performance from January 1, 2024, to March 31, 2024, is summarized in Table 2 below. See Attachment 2 for a comprehensive list of performance reporting for this period.
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Table 2: Q3 2024 Performance Metrics
Performance Measure (January – March 2024) Result
Percentage of Dogs Sheltered during January 2024
(OCAC and Lake Forest)
87%
Percentage of Dogs Sheltered during February 2024
(OCAC and Lake Forest)
72%
Percentage of Dogs Sheltered during March 2024
(OCAC and Lake Forest)
67%
Total Dogs Adopted (OCAC and Lake Forest) 4
Pet Adoption Education Events 8
Free Microchipping to Lake Forest Residents 1
Free or Low Cost Spay & Neuter, Vaccinations, or end
of life care
32 Ending Center Population (for March 2023) 18
The PAC-OC expressed an interest in negotiating a new approach to compensation for its services, and staff plan to continue discussions with the PAC-OC about their requested changes into the term of the New Agreement should it be approved by the City Councl. If further negotiations are successful, staff will return to the City Council with a new contract document to effectuate the changes that result from said negotiations.
The City Council may approve a service agreement without conducting a formal procurement in accordance with the Purchasing and Contracting Guidelines ("Purchasing Guidelines") if it determines that doing so would be in the City's best interest. When following procurement procedures is not in the best interest of the City, an agreement for services without solicitation may be approved by the City Council, according to Municipal Code Section 3.12. The PAC-OC is a distinctive Lake Forest organization that is physically established to keep dogs in a way that complies with State law and the necessary sanitary standards. The City conduced a Request for Proposal (“RFP”) solicitation in 2016 to support a local animal care organization. The PAC-OC was the only entity that responded to that procurement.
Staff recommends the City Council approve the proposed New Agreement with the PAC-OC. The New Agreement was drafted by the Finance Department and approved as to form by the City Attorney’s Office. The 2023-2025 Operating Item: 10
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Budget includes sufficient funding to cover the costs of the proposed New Agreement with the PAC-OC. The New Agreement must be approved by the City Council because it is a “sole source” and more than $10,000.
FISCAL IMPACT:
The proposed New Agreement with the PAC-OC, the New Agreement includes a one-year term with a compensation amount of $19,000. The 2023-2025 Operating Budget includes sufficient funding to cover the costs of the proposed New Agreement.
ATTACHMENTS:
1. Professional Consultant Services Agreement with Pet Adoption Center
2. PAC-OC Sample Reporting Data (January 2024 to March 2024) Initiated By: Sean McGovern, Deputy City Manager
Submitted By: Sean McGovern, Deputy City Manager
Approved By: Debra Rose, City Manager
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ATTACHMENT 1
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PROFESSIONAL CONSULTANT SERVICES AGREEMENT WITH THE
PET ADOPTION CENTER OF ORANGE COUNTY (2024-058)
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
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City of Lake Forest Professional Consultant Services Agreement with The Pet Adoption Center of Orange County I. PARTIES AND DATE. .............................................................................. II. RECITALS. .............................................................................................. III. TERMS................................................................................................... IV. SIGNATURES. ........................................................................................ V. EXHIBIT "A" SCOPE OF SERVICES ........................................................... VI. EXHIBIT "B" - SCHEDULE OF SERVICES .................................................. VII. EXHIBIT "C" - COMPENSATION .............................................................. VIII. EXHIBIT "D" - INSURANCE REQUIREMENTS ...........................................
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Title: Professional Consultant Services Agreement with The Pet Adoption Center of Orange County 3 1. PARTIES AND DATE. This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California its principal place of business at P.O. Box 80400, Rancho Santa Margarita, California 92688 City and Consultant are som Item: 10
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Title: Professional Consultant Services Agreement with The Pet Adoption Center of Orange County 4 2. RECITALS. 2.1. Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional Animal Adoption Center Consulting Services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Animal Adoption Center Consulting Services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2. Project. City desires to engage Consultant to render such professional Animal Adoption Center Consulting Services for the Animal Adoption Center project ("Project") as set forth in this Agreement.
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Title: Professional Consultant Services Agreement with The Pet Adoption Center of Orange County 5 3. TERMS. 3.1. Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Animal Adoption Center Consulting Services consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from July 1, 2024 to June 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two (2) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2. Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
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Title: Professional Consultant Services Agreement with The Pet Adoption Center of Orange County 6 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: April Josephson, President. 3.2.5 City's Representative. The City hereby designates Sean McGovern, Deputy City Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates April Josephson, President, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its Item: 10
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Title: Professional Consultant Services Agreement with The Pet Adoption Center of Orange County 7 sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City. 3.2.12 Water Quality Management and Compliance. 3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom. 3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other Item: 10
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Title: Professional Consultant Services Agreement with The Pet Adoption Center of Orange County 8 municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. 3.2.12.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulations listed in Section 3.2.12.2 of this Agreement, Consultant must comply with all The DAMP contains requirements related to design and construction of public projects. Consultant must be familiar the DAMP, and the LIP and comply with the requirements as specified therein. A copy of the DAMP is available on the internet at: http://www.ocwatersheds.com/documents/damp/mapplan A copy of the LIP is available on the internet at: http://www.lakeforestca.gov/296/Local-Implementation-Plan-LIP 3.2.12.4 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services. 3.2.12.5 Liability for Non-compliance. (A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.12.2 and 3.2.12.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Consultant for delay in described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement, or any other relevant water quality law, regulation, or policy. regulation, or policy.
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Title: Professional Consultant Services Agreement with The Pet Adoption Center of Orange County 9 3.3. Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed NINETEEN THOUSAND DOLLARS ($19,000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, 3.4. Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, Item: 10
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Title: Professional Consultant Services Agreement with The Pet Adoption Center of Orange County 10 agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration. 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. registration and labor compliance requirements, including the submission of payroll records directly to the DIR. 3.5. Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6. General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.1.4 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: The Pet Adoption Center of Orange County P.O. Box 80400 Item: 10
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Title: Professional Consultant Services Agreement with The Pet Adoption Center of Orange County 11 Rancho Santa Margarita, California 92688 ATTN: April Josephson, President City: City of Lake Forest 100 Civic Center Drive Lake Forest, CA 92630 ATTN: City Clerk Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.2 Ownership of Materials and Confidentiality. 3.6.2.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.6.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.2.3 Confidential Information. proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) Item: 10
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Title: Professional Consultant Services Agreement with The Pet Adoption Center of Orange County 12 working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. 3.6.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reason¬able attorney's fees and all other costs of such action. 3.6.5 Indemnification. choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers. 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant of fault. 3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County. 3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
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Title: Professional Consultant Services Agreement with The Pet Adoption Center of Orange County 13 3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant¬, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment Item: 10
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Title: Professional Consultant Services Agreement with The Pet Adoption Center of Orange County 14 because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.6.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.7. Subcontracting. 3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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Title: Professional Consultant Services Agreement with The Pet Adoption Center of Orange County 15 4. SIGNATURES. 4.1. SIGNATURES. CITY OF LAKE FOREST The Pet Adoption Center of Orange County By: [AUTHORIZED CITY SIGNATURE] Mark Tettemer Mayor By: [VENDOR SIGNATURE 1] April Josephson President [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary OR Treasurer REQUIRED] ATTEST: By: [CITY CLERK SIGNATURE] Lisa Berglund City Clerk By: [VENDOR SIGNATURE 2] Laura Lawther Treasurer APPROVED AS TO FORM: By: [CITY ATTORNEY SIGNATURE] Best Best & Krieger LLP City Attorney [CONTRACT ADMINISTRATOR APPROVAL] [PROJECT MANAGER APPROVAL] [CITY CLERK - INSURANCE APPROVAL] Item: 10
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Title: Professional Consultant Services Agreement with The Pet Adoption Center of Orange County 16 5. EXHIBIT "A" SCOPE OF SERVICES 5.1. EXHIBIT "A" SCOPE OF SERVICES Consultant shall provide the following Animal Adoption Center Consulting Services professional consulting services relative to the City's Animal Adoption Center project. ADOPTION CENTER/SHELTER A.Adoption Center - Place of Business 1. Adoption facilities must meet all licensing and code requirements for its purpose. 2. Adoption facility shall be kept secure 3. Adoption facility should be: a. Located in Lake Forest b. Convenient to access c. In a high traffic area for maximum exposure d. With access to turf, walking, and play areas B.Adoption Program Operation 4. Contractor will establish convenient public hours of access, including weekend hours. Contractor must be open to the public by appointment at least once week night until at least 7pm and at least one weekend day. 5. Contractor will operate consistent with California Civil Code Section 1834. Animals in the adoption program will be treated with care and respect, and provided a clean, comfortable and healthy environment. Programming will be provided minimize stress levels and address social and exercise needs. The health and welfare of the animals is a foremost consideration. 6. Contractor will develop and follow a clear set of protocols regarding adoption services, public education, welfare of animals, employee conduct and shelter, and adoption operations. 7.published by the Association of Shelter Veterinarians and implement practices consistent with said Guidelines. 8. Employees will have or will be provided training and/or experience appropriate to their positions, and fulfill any continuing education requirements at Contr 9. Contractor may include animals from outside OCAC service areas at the Adoption Center as long as no appropriate animal from OCAC service area is denied space. 10.urces to animals originating from the OCAC area, using the following measurement: Animals from OCAC request Contractor to provide further documentation of resources used on animals in the OCAC service area for each quarter. A higher percentage is highly desirable. 11. The Contractor will intake at least four dogs per year from Lake Forest residents. C.Adoption Center Operations 12. Care a. b. Animals will be assigned housing with consideration for species, sex, fertility, medical condition, behavioral history, and temperament. c. The Contractor will be responsible for providing routine veterinary care to all animals when necessary. 13. The contractor will provide full financial management and accounting software, as necessary, and provide quarterly reports to the City documenting use of funds. 14. Contractor may keep any donations, grants, or other source of funds given directly to the Contractor for the purposes of operating the Adoption Center.
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Title: Professional Consultant Services Agreement with The Pet Adoption Center of Orange County 17 15. Contractor may operate a retail space to sell pet related merchandise for the purposes of generating revenue to operate the Adoption Center. D.Community Partnerships and Involvement 16. The Contractor may utilize services offered by volunteers, rescue groups, and foster families, when necessary, at the Contractor's expense. 17. Contractor is responsible for any actions by volunteers, rescue groups, foster families, and other community members, in addition to any injuries resulting from their participation. 18. Partnerships with community groups, veterinary service providers, other animal welfare agencies and rescue groups may be developed and maintained by Contractor. 19. Contractor will work with City Recreation staff to co-sponsor at least one offsite Pet Adoption/Education Event in Lake Forest annually. 20. The City will not produce an official City-sponsored event in conjunction with or within the physical boundaries of the Pet Adoption/Education Event. E.Customer Service 21. The Contractor will exercise appropriate customer service practices, responding to requests for information from the general public. F.Adoption of Animals 22. The Contractor will promote adoption opportunities through a variety of outreach methods including advertising, internet postings, and offsite events. 23. No animal should be adopted from the Adoption Center without a full disclosure of the animalknown health and behavioral history. EDUCATION AND PROGRAMS G.Communication 24. Contractor will maintain their own website to include: d. Content informing residents of adoptable animals and responsible pet ownership. e. Content will be changed periodically to reflect current animals available for adoption and responsible pet ownership practices. 25. All animals should be photographed and placed on website with seven days of becoming fit for adoption. 26. Contractor will produce a minimum of four articles annually to be incquarterly publication or e-newsletter highlighting Adoption Center activities, adoptable animals, or other pet related education pieces. 27. Contractor will provide literature to the public regarding responsible pet ownership, including licensing, lost and found, and microchipping, animal behavior, and animal health. 28. Contractor will work with local veterinarians to publicize low and no cost vaccinations and spay and neuter services. 29. Contractor will maintain an education/outreach presence within the City by participating in at least one community event per quarter. Events may be sponsored by the Lake Forest Chamber of Commerce, the City, a local pet-related business or organization, community-based organization, or other local business. H.Shelter Intervention Services 30. Contractor will provide counseling and training assistance to pet owners to discourage relinquishment. 31. Contractor will assist pet owners in locating cost-effective spay, neuter, and/or vaccination services. Contractor may pay for all or part of such services for low-income residents on an as-needed basis, at its sole discretion - with the goal of providing financial assistance to at least one such pet owner per quarter.
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Title: Professional Consultant Services Agreement with The Pet Adoption Center of Orange County 18 32. Contractor will assist pet owners in locating veterinary services to address issues that are potential barrier to long-term pet ownership. 33. Contractor may provide pet owners in need with supplies such as food, leashes, bowls, etc. 34. Contractor will assist pet owners, in conjunction with local veterinarians, by providing free microchips and placement of said microchips in their pets on an as needed basis, at its sole discretion - with a goal of providing at least 12 free microchips/services per year. I.Reporting Requirements 35. Contractor will maintain statistics to allow for effective data management related to all aspects of the animal adoption service. 36. Contractor is responsible for all State reporting requirements as necessary. Copies of state reports will be provided to the City upon request. 37. Quarterly remade by Contractor to the City and will be available to the public. 38.and will be available to the public. Reports will include the following data: a. Number of animals adopted during the time period b. Number of adoption events held c. Number and type of animals accepted at the Adoption Center d. Update regarding any specialized training received by staff e. Data identifying intake of pets originating from Lake Forest, OCAC service territory, or other areas f. Number of community events attended g. Number of Lake Forest residents assisted with low/no-cost spay/neuter, vaccinations, and microchips h. Number of articles (Leaflet and e-newsletter) produced for Lake Forest i. Number of Facebook or other social media articles produced for Lake Forest Item: 10
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Title: Professional Consultant Services Agreement with The Pet Adoption Center of Orange County 19 6. EXHIBIT "B" - SCHEDULE OF SERVICES 6.1. EXHIBIT "B" - SCHEDULE OF SERVICES Consultant shall perform the work as described in the direction of the City.
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Title: Professional Consultant Services Agreement with The Pet Adoption Center of Orange County 20 7. EXHIBIT "C" - COMPENSATION 7.1. EXHIBIT "C" - COMPENSATION Consultant shall be paid for services in accordance with Section 3.3 of the Agreement and as described above under NINETEEN THOUSAND DOLLARS ($19,000.00). Compensation shall be paid per the following schedule and terms. Adoption Center/ Shelter $19,000 Total $19,000 Payments will be made by the City in monthly installments.
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Title: Professional Consultant Services Agreement with The Pet Adoption Center of Orange County 21 8. EXHIBIT "D" - INSURANCE REQUIREMENTS 8.1. EXHIBIT "D" - INSURANCE REQUIREMENTS 1.1.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. 1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omission$1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. 1.1.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
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Title: Professional Consultant Services Agreement with The Pet Adoption Center of Orange County 22 (A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Professional Liability (Errors & Omissions): (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. defend. (D) (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers. 1.1.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. 1.1.5 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a Item: 10
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Title: Professional Consultant Services Agreement with The Pet Adoption Center of Orange County 23 loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 1.1.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. 1.1.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. 1.1.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice. 1.1.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. 1.1.10 Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder. 1.1.11 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. 1.1.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its Item: 10
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Title: Professional Consultant Services Agreement with The Pet Adoption Center of Orange County 24 officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policiperforming work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory liance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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ATTACHMENT 2
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The Pet Adoption Center of Orange County Lake Forest Jan - April 2024 Report 2024 January February March April
2024 2024 2024 2024
CARRYOVER OCAC and LAKE FOREST
OCAC Animals 2 2 2 2
OCAC Lake Forest Animals 2 2 2 2
Intervention OCAC and Lake Forest Animals 7 9 9 8
Beginning Center Population OCAC and Lake Forest 11 13 13 12 INTAKE
Transferred from OCAC 0 0 0 0
Transferred from OCAC - Lake Forest 0 0 0 0
OCAC or Lake Forest - Relinquished by Owner 2 0 1 0
Total Intake 2 0 1 0
Total Carryover and Intake OCAC and Lake Forest 13 13 14 12
OUTCOMES
Adoption - OCAC Animals 0 0 2 1
Adoption - OCAC Lake Forest Animals 0 0 0 1
Transferred to Other Program OCAC 0 0 0 0
Transferred to Other Program OCAC - Lake Forest 0 0 0 0 Subtotal Live Outcomes 0 0 2 0
Died in Care 0 0 0 0
Total Outcomes OCAC and Lake Forest 0 0 2 2
Ending Center Population OCAC and Lake Forest 13 13 12 10
CARRYOVER NON-OCAC AND LAKE FOREST
Non-OCAC and Lake Forest Animals from Shelters/Rescues 2 1 2 3 Non-OCAC and Lake Forest Animals Owner Relinquished 4 1 3 3 Beginning Center Population Non-OCAC and Lake Forest 6 2 5 6 INTAKE
Non-OCAC and Lake Forest Animals from Shelters/Rescues 0 6 0 0 Non-OCAC and Lake Forest Animals Owner Relinquished 0 1 2 0 Total Intake Non-OCAC and Lake Forest 0 7 2 0
Total Carryover and Intake Non-OCAC and Lake Forest 6 9 7 6 Adoption - Non-OCAC and Lake Forest Animals 4 4 1 3
Transferred to Other Program Non-OCAC and Lake Forest 0 0 0 0 Died in Care 0 0 0 0
Total Outcomes Non-OCAC and Lake Forest 4 4 1 3
Ending Center Population Non-OCAC and Lake Forest 2 5 6 3 Total Ending Center Population 15 18 18 13
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COMMUNITY OUTREACH DATA
2024
Activities
January
2024
Notes Activities
February
2024
Notes Activities
March
2024
Nofes Activities
April
2024
Notes
Pet Adoption Education Events 1 Orrick adoption event 5 Spa Gregories (2), Hala’s Paws, Pet Evolution, Park Place Valentine’s Day
2 Hala’s Paws; Pet Evolution 4 SC Pet Expo, Hala’s Paws, Pet Evolution, Park Place Earth Day adoptions
Free/low-cost Microchipping
services
0 Will offer low-cost clinic with HEART
mobile wellness clinic at Pet Expo
0 Will offer low-cost clinic with HEART
mobile wellness clinic at Pet Expo
1 LF owner # Provided by HEART at SC Pet Expo
Leaflet/e-newsletter/social
media
2 Social media; e-newsletter 2 Social media; e-newsletter 2 Social media; e-newsletter 2 Social Media; RSM city newsletter Free/low-cost vaccinations/
spay/neuter/end of life service
1 Spay - LF owner 2 low-cost vaccinations 0 Will offer low-cost clinic with HEART mobile wellness clinic at Pet Expo
29 HEART services at SC Pet Expo - 26 dogs,
3 cats
Community Events 1 South County Pet Expo planning 1 Legacy Magnet School Student tour & donation drive
3 Legacy HS donation drive: OCAC/OCCR
PAC tour: South County Pet Expo Planning
3 Bliss Animal Hospital event planning
meeting; UCI student volunteer day;
Satellite TV interview with pup
Adoptions to Lake Forest
Residents
2 Dogs: Marigold, Rosebud 2 Dogs: Banjo, Kahlua 1 Dog: Azalea 0 Item: 10
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/18/2024
DEPARTMENT: City Manager
SUBJECT:
CONSIDERATION OF CONTRACTUAL SERVICES AGREEMENTS WITH THE
LAKE FOREST CHAMBER OF COMMERCE
RECOMMENDED ACTION(S):
1. Approve a Contractual Services Agreement between the City of Lake Forest and Lake Forest Chamber of Commerce for Business Development and Attraction services in the amount of $42,000 for Fiscal Year 2024-25.
2. Authorize the Mayor to sign, and the City Clerk to attest, the Contractual Services Agreement between the City and the Lake Forest Chamber of Commerce.
EXECUTIVE SUMMARY:
The City of Lake Forest’s (“City”) Contractual Services Agreement (“Current Agreement”) with the Lake Forest Chamber of Commerce (“Chamber”) expires on June 30, 2024. The City’s Business Appreciation Luncheon (“BAL”) Pilot Agreement and Beer and Wine (“B&W”) Garden Pilot Agreement with the Chamber are also set to expire on June 30, 2024. The Current Agreement, BAL Pilot Agreement, and B&W Garden Pilot Agreement require the Chamber to implement specific programs and events to assist the City with coordinating events that support the business community. The Lake Forest Chamber of Commerce Ad-Hoc Committee (“Ad-Hoc Committee”), formed on June 1, 2021 (Attachment 1), met to provide a recommendation for Fiscal Year (“FY”) 2024-25 events and services.
The Chamber desires to continue providing event services to the City in FY 2024-25. Consistent with past practice, the Chamber provided its Annual Report (Attachment 2) and prepared a Business Proposal (“Proposal”) for consideration (Attachment 3). To replace the Current Agreement, which is set to expire at the end of this month, staff recommends the City Council approve the proposed Contractual Services Agreement covering FY 2024-25 (“New Agreement”) (Attachment 4).
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The New Agreement integrates the Current Agreement and Pilot Agreements, resulting in $42,000 in compensation to cover the costs of providing the events and services outlined in the Scope of Services. This compensation amount is intended to cover expenses associated with business events and seminars as outlined in the Current Agreement and additional Chamber requests. Staff recommends the City Council approve the New Agreement between the City and the Chamber for Business Development and Attraction Services in the amount of $42,000 for FY 2024-25.
The 2023-2025 Operating Budget includes sufficient funding to cover the costs of the recommended actions.
BACKGROUND:
Since January 2010, the City, on an annual basis, has entered into an agreement with the Chamber for business services. The arrangement has proven effective in reinforcing the City’s provision of a wide range of business events and services.
As part of its contractual relationship with the City, the Chamber plans and implements cosponsored business events and actively promotes Lake Forest businesses.
Ad-Hoc Committee:
On June 1, 2021, the City Council voted to form an Ad-Hoc Committee (Attachment 1). The Ad-Hoc Committee was formed to serve as a liaison to the Chamber of Commerce Board of Directors as well as to review the contractual performance indicators on a periodic basis.
FY 2023-24 Current Agreement and Achievements:
Over the past fourteen years, the City and Chamber have collaborated on business seminars, enhanced marketing, and promotional tools. The City Council awarded the Chamber $27,000 in the Current Agreement for FY 2023-24 to assist the City in its efforts to connect with the business community. Table 1 below outlines services included in the Current Agreement and estimates of participation.
Table 1: FY 2023-24 Current Agreement Performance Summary Event/Service Date Approximate # of
Attendees
Quad Chamber
Business Mixer
August 2, 2023 255
Legislative Luncheon November 9, 2023 185
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Event/Service Date Approximate # of
Attendees
New Business Reception January 24, 2024 75
Lake Forest Career
Workshop
February 21, 2024 194
State of the City March 21, 2024 255
Business Seminar &
Expo
April 12, 2024 105
Social Media Workshop June 12, 2024 N/A
Promotion of Online
Seminars & Events
Ongoing N/A
In addition to the events listed in Table 1, the Chamber also hosted its annual Elf Yourself Charity 5k, promoted the City's Shop & Dine Community Gift Card Program, began its Coffee Chat series, and hosted in-person business networking mixers.
FY 2023-24 Pilot Agreements and Achievements
The Ad-Hoc Committee discussed initiating a Pilot Agreement for FY 2023-24 to augment the City’s business recognition services and allow the Chamber the opportunity to fundraise. At the meeting on May 12, 2023, the Ad-Hoc Committee was in favor of enlisting the Chamber to provide the BAL and B&W Gardens at Concerts in the Park. On June 20, 2023, the City Council approved the Current Agreement and two separate Pilot Agreements. The City Council awarded $15,000 for the BAL Pilot Agreement and $6,000 ($2,000 per concert) for the B&W Gardens Pilot Agreement. Table 2 below outlines services included in the FY 2023-24 Pilot Agreements.
Table 2: FY 2023-24 BAL and B&W Garden Pilot Agreement Performance Summary
Event/Service Date Approximate # of
Attendees
Business Appreciation
Luncheon
December 13, 2023 180
Beer and Wine Garden July 22, 2023 150
Beer and Wine Garden August 26, 2023 150
Beer and Wine Garden June 22, 2024 N/A
The Chamber provided staff with the entire list of completed programs and accomplishments, which is attached for the City Council’s review (Attachment 2).
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DISCUSSION:
The Chamber assists Economic Development staff with event programming efforts. Starting in 2010, the City’s annual contracts with the Chamber have included event planning and business networking opportunities.
Chamber Proposal for FY 2024-25:
The Chamber desires to continue providing business services to the City in FY 2024-25. Consequently, and consistent with past practice, the Chamber prepared a Proposal for consideration (Attachment 3). The Proposal identifies the Chamber’s priorities and goals for the upcoming FY. The Chamber’s goals include fundraising, augmenting tools and resources that help Lake Forest businesses grow their operations (e.g., leadership and mentorship programs), expanding business education programs, and undertaking activities that contribute to overall economic prosperity in Lake Forest.
The Ad-Hoc Committee met on Friday, May 17, 2024, to discuss the FY 2024-25 Proposal. It concluded that the Chamber met or exceeded its obligations in the current Standard Agreement and provided excellent service to the City and the business community in support of economic development efforts. Additionally, the Ad-Hoc Committee was in favor of integrating the current Pilot Agreements into the proposed FY 2024-25 New Agreement and the additional Chamber requests.
Proposed Contractual Services Agreement:
The Scope of Services in the proposed New Agreement outlines the roles and responsibilities of the Chamber and City in fulfillment of these efforts. The terms largely mirror those specified in the Current Agreement. A breakdown of the services and corresponding City contributions that will remain unchanged from the Current Agreement, is provided in Table 3 below:
Table 3: FY 2024-25 City Contribution for Continued Services Event/Service City Contribution
Quad Chamber Business Mixer $2,100
State of the City $8,500
Legislative Luncheon $3,800
Business Seminar & Expo $4,500
New Business Reception $1,700
Social Media Workshop $1,700
Lake Forest Career Fair $3,700
Coffee Chat $1,000
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Event/Service City Contribution
Chamber Board Meetings Quarterly Use of Hickory Conference Room
Elf Yourself 5K Use of Sports Park and City owned
barricades
Total: $27,000
Alongside the continuation of services provided by the Chamber in the current year, there are proposed adjustments to the New Agreement for FY 2024-25.
With the success of the BAL and B&W Gardens, and in the interest of operational efficiency, the proposed New Agreement includes these events and services that were previously included in separate pilot agreements. The proposed New Agreement includes a total not-to-exceed compensation of $42,000, which includes the services summarized in Table 4 below:
Table 4: Proposed FY 2024-25 New Agreement
Event/Service City Contribution
Quad Chamber Business Mixer $2,100
State of the City $8,500
Legislative Luncheon $3,800
Business Seminar & Exp $4,500
New Business Reception $1,700
Social Media Workshop $1,700
Lake Forest Career Fair $3,700
Coffee Chat $1,000
Chamber Board Meetings Quarterly Use of Hickory Conference Room
Beer & Wine Gardens Canopy Rental / Bar Rental
Business Appreciation Luncheon Pilot
Agreement
$15,000
Elf Yourself 5K Approval of Beer Garden
Women in Business Event Use of Community Center Rooms
Total: $42,000
As demonstrated in Table 4, the New Agreement includes additional in-kind contributions from the City. These adjustments entail approving a beer garden at the Elf Yourself 5K, providing canopy rentals at the B&W Gardens, renting equipment for alcohol sales at the annual Tree Lighting, and allowing the utilization of rooms for a proposed Women in Business Event. The cost of rooms and janitorial represent an in-kind donation valued at approximately $18,000.
The Scope of Services and the proposed New Agreement are attached for the City Council’s consideration (Attachment 4).
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Conclusion:
The City’s partnership with the Lake Forest Chamber of Commerce provides services that allow the City to reach a greater number of Lake Forest businesses.
The collaborative partnership provides the Lake Forest business community with greater access to seminars, events, and resources. If approved, staff would actively engage with Chamber leadership to ensure the successful implementation of the proposed New Agreement. Staff worked with the City Attorney’s office to prepare the proposed New Agreement for FY 2024-25. At this time, staff recommends the City Council approve the New Agreement with the Chamber.
FISCAL IMPACT:
The proposed New Agreement with the Chamber includes a one-year term with a not-to-exceed compensation amount of $42,000. The 2023-2025 Operating Budget includes sufficient funds to cover the cost of the recommended actions.
ATTACHMENTS:
1. Meeting Minute Excerpt - June 1, 2021, City Council Meeting
2. Lake Forest Chamber of Commerce Annual Report
3. Lake Forest Chamber of Commerce Business Development Proposal
4. Lake Forest Chamber of Commerce Contractual Services Agreement FY 2023-24
Initiated By: Hope Hairrell, Management Assistant
Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
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ATTACHMENT 1
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LAKE FOREST CITY COUNCIL MINUTE EXCERPT PREPARED BY THE OFFICE OF THE CITY CLERK JUNE 1, 2021
Page No. 1
MINUTE EXCERPT
LAKE FOREST REGULAR CITY COUNCIL MEETING
JUNE 1, 2021, ITEM 15
____________________________________________________________
15. CONTRACTUAL SERVICES AGREEMENT WITH THE LAKE FOREST
CHAMBER OF COMMERCE
There were no public comments on this item.
City Manager Rose introduced this item.
Senior Management Grijalva gave a presentation and summarized the item.
Questions were asked and answered by staff.
MOTION: It was moved by Council Member Tettemer seconded by Council Member Moatazedi to approve $16,000 in contractual services for fiscal year 2021-2022 between the City and the Lake Forest Chamber of Commerce. All other requested funding can be discussed in the future with an Ad hoc Committee of the Council. The city’s budget can be amended at a later time, if necessary. The motion passed 5/0.
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ATTACHMENT 2
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April 04, 2024 Lake Forest Chamber of Commerce
Annual Report
Reporting period May 1, 2023 - June 1, 2024
Goals and Objectives:
The Lake Forest Chamber of Commerce accomplished the following towards its continued growth and development initiatives:
Executive Board and Office Staff Organization:
Annual executive board member elections were held and several new board members along with several new positions to the board were added. Title changes to the board positions were also implemented this year.
Over the past several years, the chamber has positioned itself for future growth and has taken on additional events and commitments that require the use of paid staff. This year the board has elected to staff an hourly paid position to increase membership growth and chamber outreach, which is slated for this summer. The Chamber also updated its Bylaws.
The 2023-2024 LFCC Executive Board:
CEO/President: Mary Visconte
Chairman of the Board: Steve Smith
Chairman of the Board Elect: Vacant
Treasurer: Connie Visconte
Designated Financial Chair: Jeremy Olson
Secretary: Janet Berger
Membership Sales Director: Randy Weiskittel
Membership & Events Liaison: Jeff Patrick
Chief Ambassador: Diana Ramirez
Technology Director: Andrew Brenhaug
Corporate Liaison Director: Vacant
Government Affairs Director: Jeff Bott
Digital Media Director: Vacant
Communication Director: Ildiko Takata (On Leave)
LFCC Paid Office Staff:
CEO/President: Mary Visconte
Executive Assistant/Office Manager: Natasha Patrick
Membership Services: Patrick Cooper
Membership at Large Director: Lisa Allen
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Membership:
The Chamber has continued emphasis on Membership and in turn participation has increased this past fiscal year. We believe opportunities from the city that allow the Chamber to be more involved with the public attribute to our increased membership and we would urge the city to continue working with us on economic programs such as the Money Match.
The Chamber current membership as of April 4, 2024 is: 297
Digital Media:
The Chamber continues to update and utilize its new website since its inception in April 2020. Social media is also heavily marketed for the Chamber, its members, and the partnership with the city. Examples of marketing through the digital media platform are member discounts, upcoming events for the Chamber, upcoming local City events, new memberships and members that renew.
Platforms such as Facebook, Instagram, LinkedIn, and the Chamber website are used multiple times, every day. With the help of our staff, the Chamber Instagram has grown to have over 1000 followers, while the Facebook page is nearing 2000 followers. Our constant use of social media and digital media marketing is increasing our online footprint and exposure to the community. The Chamber puts a lot of effort, energy, & funds towards its digital marketing campaign. The Chamber also puts out weekly CEO/Chairman of the Board email messages/e-Blast(s) full of upcoming events, business resources, business tips, & more at a rate of 52 times a year! The Chamber will also send out additional e-Blast(s) if important events are coming up that require further marketing.
Chamber Events:
The Lake Forest Chamber has hosted and executed the following events for the contract period of May 2023 to June 2024:
Ribbon Cuttings:
The Chamber offers ribbon cuttings for new members that are opening a new business in the city and for current members who would like to celebrate a key accomplishment with their business. This is offered as one of the many membership benefits as it helps to promote the business, the members, the Chamber, and the City of Lake Forest.
Ribbon Cutting Events for 2023-2024:
● 3rd Place Coffee
● Biolase
● Cinemark
● Curry Pizza House
● De Lucia’s Italian Restaurant
● Emeritus DX
● Fantastic Sams
● Kumon Foothill Ranch
● Lollipop Dental
● Mathnasium
● Mobility City
● Passport Services
● Re/MAX Dashing Properties
● Rudy’s Christmas Trees
● Reborn Cabinets
● Taste Catering
● Visionworks
● Walmart
● Angela Kang Acupuncture
● Bubbly Paws
● Elks Lodge
● Goodwill OC
● The Den
● Soul Aloe
● Yoga Six
● Fetch Pet Care
● Sonesta Simply Suites
● Presotea
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Mixers and Networking Events:
The Chamber offers members a chance to highlight their business by giving them the opportunity to be the host to one of the monthly networking events slated by the Chamber. Most of these networking events happen in the evening for about two hours.
Hosting a business mixer is another tremendous benefit the Chamber offers to its members. It gives the members an opportunity to display their business to over 300 businesses, generate leads, and gain visibility in the city. The Chamber manages the marketing and the registration of the hosted events and offers these additional membership benefits to any business that would like to host a networking mixer:
● Company logo recognition as Event Host on the Chamber website ● Company logo and link recognition as Event Host on the Chamber’s extensive email advertising campaign
● Extensive social media promotion leading up to the event ● Opportunity for two-minute presentation at the mixer
● Tabletop display in a prominent, high-visibility location at the event ● Copy of all business cards collected at the event
● Company spotlight in the Chamber’s e-newsletter
The Chamber also hosts a mixer with the City of Lake Forest as part of its contractual agreement. This is hosted at the new City Hall. This also provides the city the opportunity to market it facilities to the business sector for revenue gaining opportunities.
The Chamber also collaborates with several local chambers in the area to put mixers/events. This is a terrific opportunity for additional exposure, revenue, and partnerships with the neighboring cities as well as added benefits for its members
Digital Media Events:
The Chamber continues to utilize its digital marketing to provide additional benefits to its members and increase its exposure in the city. The Chamber hosted several events using its digital media marketing platform.
Digital media events for the contract year of 2023-2024:
● Social Media Workshops: This provides the members an opportunity to meet and learn from experts on how to use digital media to help increase their business exposure ● Business Expo (Marketing Tool Kit Workshop): This provides members an opportunity to learn from business experts on topics such as marketing, networking, and social media/online presence. Members will be given personalized business advice and social media consultations on top of receiving a headshot and a 30 second commercial they can use. We also have resource tables present who will give resources and advice to members on better marketing their business. This is one of the best events for giving tangible tools and resources to businesses to learn digital marketing.
● Digital Media Training & Seminars: The Chamber offered many topics such as: Business Plans, Marketing Plans, Marketing Tips & Tricks, Social Media Plans, & Business Strategy. We post these on social media and share them in our weekly e-newsletters.
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Contracted Chamber/City Collaborative Annual Events:
The City of Lake Forest, the Economic Development Department, the City Council Members, and the City Manager's Office collaborate with the Lake Forest Chamber of Commerce to present several marquee events throughout the year.
This provides the members many additional benefits as well as gives them the opportunity to meet with their elected officials and city staff. The partnership with the City of Lake Forest and the Chamber has been very successful year after year. The Chamber looks forward to a continued long-term partnership and appreciates all the efforts the city puts forth for its members.
Contracted events for 2023-2024:
● Business Seminar & Expo
● New Business Reception
● Social Media Workshop
● State of the City
● Legislative Luncheon – Law & Order O.C.
● Job Fair
● Taste of Lake Forest
● Concerts in the Park
● Business Appreciation Luncheon
Chamber Hosted Title Events and Additional Hosted Events:
The Chamber offers even more benefits to its members and the local community by hosting several title events throughout the year. The Chamber continues to discuss with its board on new ideas and events that increase exposure for the Chamber, its members and the city.
Title Events for 2023-2024:
● Legislative Updates
● Elf Yourself Charity 5K
● Pups & Pints
● Quad Mixers
● L-Chamber Mixer
● Party of Five Mixers
● Meet Your Congresswoman Young Kim
● Meet Your Assemblymember Diane Dixon
Additional Chamber Sponsored Events for 2023-2024 included:
● Coffee Chats with the Chamber (Bi-weekly meetings)
● Partnered with SBDC to assist businesses with available resources ● Holiday Mixer
● Continued to promote and answer questions about the City BOGO gift card program ● Our website offers a community calendar for event postings and now will offer marketing opportunities for our members.
● SCORE Seminar Training Events
● Continued education for our CEO: W.A.C.E., C.C.C.O.C., and online training ● Other multi-chamber mixers
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Financial Summary:
The Chamber has been running a deficit most months during the pandemic. The Chamber is going to put a big emphasis on increasing membership and increasing sponsorships. The Chamber is working on some new events to help market the Chamber brand and continue to provide benefits for its members.
As of March 30th, 2024, the financial summary for the Lake Forest Chamber:
Current Period (March 2024) Profit/Loss: -$13,368.33
Fiscal Year total March 2024 Profit/Loss: $8,196.91
While Covid is no longer a detriment to the Chamber’s operations, the ramifications are still affecting our ability to attract new members. While membership has increased, we believe that better economic conditions would have allowed us to draw more members. Given that our largest target for members is small businesses, economic challenges have made it difficult for businesses to prioritize membership with the increasing costs of supplies and staff. However, we anticipate growth in chamber participation as economic difficulties ease and the city continues working with the Chamber. As the city continues to see economic growth and the development of new business, we believe the chamber will grow too.
Prepared by:
Connie Visconte - Treasurer
Natasha Patrick - Executive Assistant/Office Manager
Mary Visconte - CEO
Lake Forest Chamber of Commerce
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ATTACHMENT 3
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Business Community Development Proposal
April 4, 2024
The Lake Forest Chamber of Commerce (“Chamber”) is incorporated under the Nonprofit Mutual Benefit Corporation Laws of the State of California, 501(c)(6). It is organized under the Nonprofit Public Benefit Corporation Law for Public Purposes.
The Chamber is organized to:
➢ Promote member businesses and the competitive free-enterprise system of business. ➢ Promote member businesses, general economic growth, and business development in Lake Forest and the surrounding community by:
o Promoting Chamber programs of an economic nature for its members designed to broaden its membership and expand the potential income of all classifications of business.
o Promoting programs informative to its members.
o Continuing expansion of the “Loyal Locals” program through the continued development and enhancement of seasonal networking events, and business networking educational forums.
o Continuing partnership with the city to promote the business community and deliver large business, governmental, and community-based events. o Creating large community event(s) such as the Elf Yourself 5K o Reviving our Taste of Lake Forest event
The main goals of the Chamber are to develop programs, events, and activities that encourage community business involvement. The Chamber has enhanced marketing efforts to expand its outreach locally and increase business opportunities. The Chamber is investing heavily to get more members involved with the Chamber as increasing membership adds a greater value for its members and gives them more opportunities to grow their businesses and support the business community.
The Chamber continues to actively assist its members by providing aid through programs that could help increase their profits and overall exposure in the city. The Chamber implemented extensive and effective use of its digital media platforms to add value to its members and create a wider audience with a broader outreach. The Chamber planned, organized, and executed its networking events, legislative events, and contracted city events.
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Business Community Development Proposal
The priority for the upcoming Fiscal Year 2024-2025 is growth and sustainability. Membership dropped to just below 250 (post-pandemic) and is now at 297. Our goal is to reach 350 members. The Chamber has decided to invest heavily in the growth and retention of membership and has taken the following steps to achieve this.
Patrick Cooper has joined our team serving in a Membership Services role to get members to join our Chamber. He has been successful so far. He also shows up to events to help us set them up, run check- in, and cleanup, which has been so helpful. Natasha Patrick is leaving us for her dream job. Her current position needs to be filled in the near future.
The Chamber will continue to actively support new business and anniversary ribbon cuttings as opportunities arise. Chamber members have expressed enthusiasm and gratitude for the events and services the Chamber provides to the local business community. The Chamber prides itself on being a tool and a source of information for its members and will continue to provide this value and support.
The Lake Forest Chamber of Commerce is seeking continued support and partnership with the City of Lake Forest to aid with the initiatives for growth and increased outreach for the upcoming fiscal year.
Events listed below are considered “staples” in the City/Chamber agreement and the Chamber requests to keep these scheduled events and programs for Fiscal Year 2024-25. Table 1 below outlines the event, approximate cost, and the previously awarded city funds breakdown for each event:
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Business Community Development Proposal
Table 1: Events Listed in Current Chamber Agreement:
Event/Service FY 2023-24 Approximate Cost Per Event
(Actuals)
City Funding
Breakdown
Promotion of Online Training &
Seminars
$1,500 $500
Facebook Live Interviews $1,260 $500
State of the City/Meet the Mayor TBD $8,500
Business Seminar & Expo TBD $4,500
Quad Chamber Mixer $2,190 $2,100
New Business Reception $1,820 $1,700
Social Media Workshop TBD $1,700
Legislative Luncheon $3,030 $3,800
Job Fair $1,740 $3,700
Annual Elf Yourself 5K Charity Run Use of Sports Park and City-owned Barricades, City/Chamber promotion
Chamber Board Meetings Use of Hickory Conference Room 3rd Thursday each month
Total: $11,530 $27,000
Most events listed in the City/Chamber Agreement are free of charge for members of the public to attend. The exceptions are the State of the City/Meet the Mayor, Taste of Lake Forest, and Elf Yourself 5K. These events are the most expensive and time-consuming program we offer the community and charging for entrance allows us to recover costs associated with this event not covered by sponsors.
Last year the City and Chamber also entered into separate pilot agreements for Beer & Wine Gardens at Concerts in the Park, Co-sponsorship of the Business Appreciation Luncheon, and Taste of Lake Forest.
Table 2 below outlines the event, approximate cost, and the previously awarded city funds breakdown for each event:
Table 2: Pilot Agreements
Event/Service FY 2023-24 Approximate Cost Per Event
(Actuals)
City Funding
Breakdown
Beer & Wine Gardens TBD (1 concert remaining) $6,000
Business Appreciation Luncheon $14,370 $15,000
Taste of Lake Forest TBD $11,075
The Chamber also requests continued partnership and support with the City of Lake Forest to increase value and community outreach by achieving the following:
➢ Expand and enhance business networking programs
➢ Expand and enhance business education and leadership programs ➢ Marketing and growth of the "Discover Lake Forest" program through the continued development and enhancement of seasonal networking events and business networking educational forums
➢ Continue partnership with the City to promote and organize several large businesses, governmental, and community-based events
➢ Develop and manage Member to Member discount programs ➢ Continue Chamber Board development and Committee Chairs and the Ambassador program Item: 11
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Business Community Development Proposal
The Chamber is requesting additional City partnership with enhancements to current events that offer value, outreach, and increased community and government engagement for the Chamber, the City, Chamber members, and the business community. The Chamber is proposing to add the following events to the standard agreement. Table 2 lists events not currently listed in the City/Chamber agreement but would add immense value to the business community.
Table 2: New Events Request:
Event/Service Funding Request
Business Appreciation Luncheon $15,000
Host Beer Gardens at City events such as
concerts in the park (3 events per year)
and Tree Lighting Ceremony
20”30” Canopy rental, use of City-owned barricades, and use of City staff to setup area as part of setup a day prior. Bar rental, and available tables for the annual Tree lighting ceremony.
Women in Business Event Use of the Community Center, Atrium, and Kitchen Beer Garden at Elf Yourself 5K Approve a beer garden at the Elf Yourself 5K, and provide more collaboration in marketing to local Lake Forest residents & Banners/Signs around the City like how other cities
promote their community events
Additionally, the Chamber respectfully requests the city to continue providing room rentals for the events listed above free of charge. By utilizing the Civic Center and its conference rooms, we aspire to show off the beautiful facility and always encourage our event attendees to rent the space out for their business/personal needs.
The Chamber requests City partnership and funding on these added events to address the cost needed for staffing, office space, marketing, facility, food, entertainment, and outreach to achieve the growth initiative plan put into place.
Table 3: Proposed Fiscal Year 2024-25 City/Chamber Agreement:
Event/Service Proposed Location Funding Request
State of the City/Meet the Mayor Civic Center Campus $8,500 Business Seminar & Expo Community Center $4,500
Party of 5 Multi-Chamber Mixer Community Center $2,100
New Business Reception Community Center $1,700
Social Media Workshop Community Center $1,700
Legislative Luncheon Community Center $3,800
Coffee Chats with the Chamber N/A $1,000
Career Fair Community Center $3,700
Business Appreciation Luncheon Community Center $15,000 Women In Business Community Center Use of Rooms
Annual Elf Yourself 5K Lake Forest Sports Park Use of Sports Park, City-owned Barricades, beer garden, and Ad
in Leaflet
Chamber Board Meetings Hickory Conference
Room
Use of Hickory Conference
Room Quarterly
Beer Gardens at Concerts in the Park Lake Forest Sports Park Canopy rental, City staff to setup City-owned Barricades
Beer & Wine Sales at Tree Lighting Event Community Center Bar Rental Total: $42,000
The Lake Forest Chamber of Commerce thanks you for your years of continued support and partnership Item: 11
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Business Community Development Proposal
and looks forward to many more years of a successful and valuable partnership for the local business community.
Thanks & Regards,
Mary Visconte
CEO Lake Forest Chamber of Commerce
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ATTACHMENT 4
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55136.00121\24840082.3 1
CITY OF LAKE FOREST
CONTRACTUAL SERVICES AGREEMENT
This CONTRACTUAL SERVICES AGREEMENT (“Agreement”) is made this ____ day of ____________, 2024, (“Effective Date”) by and between the City of Lake Forest (the “City”), a California municipal corporation, with its principal place of business at 100 Civic Center Dr. , Lake Forest, California, and the Lake Forest Chamber of Commerce (the “Chamber”), a California nonprofit corporation, with its principal place of business at 26239 Enterprise Court, Lake Forest, California. The City and the Chamber are sometimes individually referred to as “Party” and collectively referred to as the “Parties”.
RECITALS
WHEREAS, the City is desirous of promoting business, residential, and economic development opportunities with in the City, disseminating information relative thereto, and of properly following up and giving consideration to inquiries made relative to the various activities of the City, and its business, residential, and economic development opportunities; and
WHEREAS, the Chamber has special knowledge, experience , and facilities for disseminating such information, is organized for and equipped to carry on promotional activities on behalf of the City, and to publicize and market the economic and regional advantage s that the City has to offer to business, residential, and industrial interests.
NOW, THEREFORE, IN VIEW OF THE GOALS AND OBJECTIVES OF THE CITY AND
THE PROMISES THE CITY AND THE CHAMBER SET FORTH IN THIS AGREEMENT, THE CITY AND THE CHAMBER AGREE, AS FOLLOWS:
1. Term.
The term (“Term”) of this Agreement shall be from July 1, 2024, to June 30, 2025, unless earlier terminated in accordance with Section 10.1.
2. Scope of Services
2.1 The Chamber shall diligently advertise and promote the City in such a manner as to assist the City in its efforts to attract and retain business enterprises and promote the City’s positive business environment, which will enhance the general welfare and well -being of the citizens and businesses in the City.
2.2 The Parties shall provide the General and Specific Scope of Services outlined in the Scope of Services, Exhibit “A”, attached hereto and incorporated herein by this reference.
3. Consideration
3.1 In consideration of the Scope of Services to be performed by the Chamber for the City, as set forth herein, the City hereby agrees to pay the Chamber during the Term of this Agreement, the sum of fourty-two thousand dollars ($42,000) (“City Investment”). The Chamber shall receive quarterly payments in the amount of ten thousand, five-hundred dollars ($10,500). The Chamber shall submit quarterly invoices and reports as provided for in Section DocuSign Envelope ID: 8C20B019-9289-4BF7-ACCF-9E131C3CE6EF Item: 11
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4.1 below, to the City fifteen (15) days prior to the scheduled payment, as provided for in Section
3.2. 3.2 Payments will follow the quarterly schedule provided below:
September 5, 2024
December 5, 2024
March 6, 2025
June 5, 2025
3.3 Each payment by the City shall be conditioned upon the following:
3.3.1 The Chamber is not in default of any material terms of this Agreement; and
3.3.2 The Chamber maintains its nonprofit 501(c)(6) status.
4. Reports
4.1 The Chamber shall provide the City with one (1) set of quarterly reports setting forth the receipt and disbursement of funds consistent with industry standards and principles for record-keeping and accounting. The report shall identify the expenditure of the City’s Investment for the previous quarter and demonstrate the Chamber’s full compliance with the requirements of this Agreement. The reports shall also include the tota l cost of the events that took place during the reporting quarter. Costs should be broken down by line item and should include, but not limited to: costs for catering, decorations, staff, marketing, etc. The Chamber shall work cooperatively in resolving t he City’s inquiries or questions regarding the services provided. The report shall include a summary of accomplishments achieved during the reporting period. The Chamber shall file reports with the City within fifteen (15) days prior to the end of the respective quarter throughout the Term of this Agreement.
4.2 The Chamber shall maintain complete and accurate financial records, including but not limited to, receipts and disbursements, with respect to all costs and expenses incurred by the Chamber durin g the Term of this Agreement. All such records shall be clearly identifiable.
The Chamber, upon the City’s request, shall allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records an d any other documents created pursuant to this Agreement.
4.3 The Chamber shall present an Annual Report to the City. The Annual Report shall be presented by April 3, 2025, and provide an update on the obligations covered under this Agreement and the Chamber’s activity through its fiscal year ending September 30. The Annual Report shall include:
- a summary of the prior year’s activities;
- a list of officers and Board Members;
- a copy of the annual Financial Statements as prepared at that time ; and
- a breakdown of the budget and actual costs for each event listed in the contract.
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4.4 The Chamber shall also maintain and update an annual budget. The Chamber’s Annual Budget shall be provided as part of the Annual Report. The Chamber shall give due an d fair consideration to the City’s comments, if any, on the Chamber’s budget.
4.5 Bylaws. The Chamber shall provide the City with a copy of the Chamber’s adopted Bylaws and Code of Ethics. The Chamber shall provide the City with thirty (30) days adva nce written notice of the Chamber’s desire to amend or update its Bylaws and Code of Ethics.
5. Political Activities
5.1 No portion of the City’s Investment shall be used for political purposes and shall only be used for those services provided for in th e Scope of Services required of the Chamber by the terms and conditions of this Agreement.
5.2 The Chamber shall not use any portion of the City’s Investment to advocate or oppose any local municipal election issue or candidate. The Chamber shall not di splay any political material, sign, advertisement or similar material in, on or about its offices.
5.3 The Chamber shall be entitled to continue presentations and advance the purposes of the business community in general on civic issues except as provided for herein.
6. Chamber Responsibilities for Costs and Expenses
Except as otherwise expressly stated herein, the Chamber shall be responsible for all costs and expenses incurred relative to the Chamber, personnel of the Chamber and subconsultants of the Chamber in connection with the performance of the Scope of Services, including, without limitation, payment of salaries, fringe benefits contributions, payroll taxes, withholding taxes and other taxes or levies, office overhead expense, travel expenses, te lephone and other telecommunication expenses, and document reproduction expenses.
7. Independent Contractor
The Scope of Services shall be performed by the Chamber or under its supervision. The Chamber shall determine the means, methods and details of p erforming the Scope of Services subject to the requirements of this Agreement. The Chamber represents that it possesses the professional and technical personnel required to perform the Scope of Services. The City retains the Chamber on an independent con tractor basis and not as an employee of the City. The personnel performing the Scope of Services on behalf of the Chamber shall at all times be under the Chamber's exclusive direction and control.
8. Personnel; License; Conformance to Applicable Requirements/Insurance
8.1 The Chamber represents and warrants that it and all personnel engaged in performing the Scope of Services are and shall be fully qualified, authorized and permitted under state and local law to perform such Scope of Services. The Cha mber represents and warrants that it and all personnel and subconsultants engaged in performing the Scope of Services have and keep all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Scope of Services under this Agreement.
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8.2 All aspects of the provision of the Scope of Services by the Chamber shall conform to all applicable city, county, state, and federal laws, rules and regulations in effect at the time the services are provided. The Chambe r shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Scope of Services, including all Cal/OSHA requirements, and shall give all notices required by law. The Chamber shall be liable for all violations of such laws and regulations in connection with its Scope of Services. If the Chamber performs any work knowing it to be contrary to such laws, rules and regulations, the Chamber shall be solely responsible for all costs arising therefrom. The Chamber shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability ari sing out of any failure or failure to comply with such laws, rules or regulations.
8.3 The Chamber shall at all times during the Term maintain adequate insurance.
Insurance certificates shall name the City as additional insured with endorsements.
9. Representatives and Notices
9.1 City’s Representative. The City hereby designates the City Manager/Executive Director, or his/her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). The City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. The Chamber shall not accept direction or orders from any person other than the City’s Representative or his/her designee.
9.2 Chamber’s Representative. The Chamber hereby designates its Chief Executive Officer or his/her designee, to act as its representative for the performance of this Agreement (“Chamber’s Representative”). The Chamber’s Representative shall have full authority to represent and act on beh alf of the Chamber for all purposes of this Agreement. The Chamber’s Representative shall supervise and direct the Scope of Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and proced ures and for the satisfactory coordination of all portions of the Scope of Services under this Agreement.
9.3 All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other addres s as the respective Parties may provide in writing for this purpose:
Chamber: Lake Forest Chamber of Commerce
26239 Enterprise Court
Lake Forest, CA 92630
City: Debra Rose
City Manager
100 Civic Center Dr.
Lake Forest, CA 92630
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10. General Provisions
10.1 Termination of Agreement.
10.1.1 Grounds for Termination. Either Party may, by written notice to the other Party, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to the non-terminating Party of such termination, and specifying the effective date thereof, at least ninety (90) days before the effective date of such termination. Upon termination, the Chamber shall be compensated only for the Scope of Services that has been adequately rendered to the City, or to compensate for any events or services previously committed which are consistent with the Scope of Services, and the Chamber shall be entitled to no further compensation.
10.1.2 Effect of Termination. If this Agreement is terminated as provided herein, the City may require the Chamber, and the Chamber may require the City, upon request to provide all finished or unfinished documents and data and other information of any kind prepared by the Chamber, or the City, in connection wit h the performance of the Scope of Services under this Agreement. The Chamber, or the City shall be required to provide such documents and data and other information within thirty (30) days of the request.
10.1.3 Additional Scope of Services. In the ev ent this Agreement is terminated in whole or in part as provided herein, the City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
10.2 Confidentiality. All ideas, memoranda, specifica tions, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to the Chamber in connection with the performance of this Agreement shall be held co nfidential by the Chamber. Such materials shall not, without the prior written consent of the City, be used by the Chamber for any purposes other than the performance of the Scope of Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Scope of Services. Nothing furnished to the Chamber which is otherwise known to the Chamber or is generally known, or has become known, to the related industry shall be deemed confidential. The Chamber shall not use the City’s name or insignia, photographs of any product of the Scope of Services, or any publicity pertaining to the Scope of Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.
10.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
10.4 Attorneys’ Fees. If either Party commences an action against the other Party, either legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled t o have and recover from the losing Party reasonable attorney's fees and all other costs of such action.
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10.5 Indemnification. The Chamber shall defend, indemnify and hold the City and its members, officials, officers, employees, volunteers and agents fr ee and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any actual, alleged or n egligent acts, omissions or willful misconduct of the Chamber, its officials, officers, employees, agents, the consultants and contractors arising out of the performance of the Scope of Services, or this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses.
The Chamber shall defend, at the Chamber’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be br ought or instituted against the City and its directors, officials, officers, employees, volunteers or agents. The Chamber shall pay and satisfy any judgment, award or decree that may be rendered against the City and its members, officials, officers, emplo yees, volunteers or agents, in any such aforesaid suit, action or other legal proceeding. The Chamber shall reimburse the City and its directors, officials, officers, employees, volunteers and/or agents, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
The Chamber’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City and its members, officers, employees, volunteers or agents.
10.6 Eligibility. All members of the Chamber shall certify that the member is in compliance with local, state, and federal laws. Noncompliance with local, state, or federal laws shall be grounds for membership disqualification.
10.7 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.
10.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
10.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
10.10 City's Right to Employ Ot her Consultants. The City reserves right to employ other consultants in connection with this Agreement.
10.11 Assignment or Transfer. The Chamber shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer.
10.12 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
10.13 Waiver. No waiver of any default shall constitute a waiver of any other defaul t or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or DocuSign Envelope ID: 8C20B019-9289-4BF7-ACCF-9E131C3CE6EF Item: 11
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service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
10.14 No Third-Party Beneficiaries. There are no intended third -party beneficiaries of any right or obligation assumed by the Parties.
10.15 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
10.16 Labor Certification. By its signature hereunder, the Chamber certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Scope of Services.
10.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
10.18 Subcontracting. The Chamber shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of the City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. The Chamber may utilize vendors to complete the Scope of Services as reasonably necessary.
[Signatures on following pages]
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SIGNATURE PAGE TO
CITY OF LAKE FOREST
CONTRACTUAL SERVICES AGREEMENT
CITY:
CITY OF LAKE FOREST
a California municipal corporation
By: _______________________________
Mark Tettemer
Mayor
Dated: _______________________________
ATTEST:
___________________________
Lisa Berglund
City Clerk
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP
By: _________________________
Matthew Richardson
City Attorney
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SIGNATURE PAGE TO
CITY OF LAKE FOREST
CONTRACTUAL SERVICES AGREEMENT
CHAMBER:
LAKE FOREST CHAMBER OF COMMERCE
a California non-profit corporation
By: __________________________
Steve Smith, Chairman of the Board
Its: __________________________
By: __________________________
Mary Visconte, CEO
Its: __________________________
Dated: __________________________
DocuSign Envelope ID: 8C20B019-9289-4BF7-ACCF-9E131C3CE6EF Chairman of the Board
CEO
6/13/2024
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EXHIBIT “A”
CITY OF LAKE FOREST
CONTRACTUAL SERVICES AGREEMENT
SCOPE OF SERVICES
A. General Services
1. The Chamber shall maintain suitable quarters and employ competent personnel either as volunteers, paid staff, or consultants, easily accessible to the public and fully equipped for the purpose of disseminating information and answering correspondence and inquiries r egarding the City.
2. The Chamber shall provide info rmation and assistance to individual business members with respect to promotion and advertising for the purpose of enhancing the City’s business image and encourage business patronage in the City.
3. The Chamber shall respond in a timely and professional manner to written and verbal inquiries received at its offices regarding residential, commercial, industrial, tourist, and business matters as they relate to the City and/or refer such inquiries to the City as appropriate.
4. The Chamber shall coordinate with the City on activities of mutual community interest.
5. The Chamber shall actively promote the City and the City’s Business Development and Attraction Program. Services shall include, but not be limited to:
a. Prominently feature brief information on the City’s Business Development and Attraction Program on the Chamber website with a corresponding link to the City’s Economic Development website.
c. Using materials provided by the City, insert t he City’s business event flyers and collateral material s in all of the Chamber’s digital new member and welcome packets.
d. The Chamber shall provide the City with its schedule for Quarterly Board meetings at minimum one (1) month in advance.
e. Provide th e City with a directory of Chamber members and corresponding mailing lists upon request for the City’s promotion of business events and seminars.
6. The City shall generally promote the Chamber through the following:
a. Prominently feature brief informat ion on the Chamber with a corresponding link to the Cha mber’s website directly from the City’s Economic Development website.
b. Include information about the Chamber’s services and resources in Welcome Emails to new businesses.
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c. Provide the Chamber with a mailing list of Lake Forest businesses as appropriate for the promotion of Chamber/City business events and seminars. d. Include the Chamber’s information and prominently feature the Chamber’s name, logo, and website in a City publication twice a year t hrough the City’s Economic Development e-newsletter.
7. The City shall provide the Hickory Room for the Chamber’s quarterly board meetings at the Civic Center at no cost to the Chamber.
8. The City shall provide the Chamber with funding, not to exceed $ 500 for its Coffee Chat with the Chamber Series.
B. Specific Services: Events and Programs
In addition to the General Services outlined above, the Chamber shall provide the specific services outlined below under Events and Programs. In doing so, the Ch amber shall coordinate and provide business events and programs that promote the City’s positive business climate and offer professional development opportunities. Certain program components may be carried over into a subsequent contract based on mutual agreement by the City and the Chamber.
The Chamber shall coordinate with the City on scheduling all events so that they do not conflict with the City’s master calendar of business seminars and events. Unless otherwise approved by the City in advance and in writing, all events must be held in the City at a v enue suitable for the event. Venues outside of the City will only be considered when it is determined that no other suitable venue could be located in the City.
All events and programs must prominent ly feature the City’s logo on related marketing materials. Unless otherwise stated in this contract, any event held at a City facility must be open to the public and no admission fee shall be charged to members of the public for entrance to the event. Notwithstanding the foregoing, the Chamber may charge its normal and customary fees to vendors, exhibitors, and other participants obtaining services or materials from the Chamber for the events. If the Chamber provides opportunities for table sponsors, the Chamber will give first priority to sponsors that are Lake Forest businesses and/or provide services directly related to the nature of the events. Required events include, but are not limited to:
1. Event Roles and Responsibilities:
All events/programs within the Scope of Services must, at minimum, incorpor ate the roles and responsibilities outlined below. Further details regarding additional roles and responsibilities specific to each event/program are provided in subsequent sections.
The Chamber’s roles and responsibilities will include:
a. Meet with the City a minimum of one (1) time no later than thirty (30) days prior to the date of the event. The Chamber shall outline all event details and deliverables in regard to DocuSign Envelope ID: 8C20B019-9289-4BF7-ACCF-9E131C3CE6EF Item: 11
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its responsibilities for the event and shall give due and fair consideration to the City’s comments regarding the plan for the event;
b. Produce draft invitation and all additional marketing materials for the City’s review. The City will have final approval on all marketing materials for distribution; c. Market the event to Chamber members and the general Lake Forest business community including but not limited to: emailing the Chamber’s list of members, posting the event on social media, advertising it in the Chamber e -newsletter, and distributi ng flyers at related events when appropriate;
d. The Chamber shall, on all promotional, marketing, and advertising materials, including mailers, flyers, signs, banners, and other such materials, prominently feature the City’s name and logo thereon, and identify the City as a primary sponsor of the event. e. The Chamber shall be responsible for creating the art and producing or arranging the production of additional marketing materials, including but not limited to large banners, step and repeats, etc., with app roval by the City. This shall be inclusive of the City ’s investment;
f. The Chamber shall be responsible for providing all materials it would like included in the presentations, and as reviewed and approved by the City, at minimum three (3) days prior to the event;
g. Provide catered food suitable and appropriate for the event from a Lake Forest vendor(s) and be responsible for paying the cost of the food, which shall be inclusive of the City’s Investment. The City will provide final approval on the selection of food vendor(s); h. If rentals are deemed appropriate by b oth the City and Chamber, the Chamber will be responsible for coordinating with the vendor and acquiring the rentals. The Chamber will be responsible for covering the associated expenses, which shall be inclusive of the City’s investment;
i. If a raffle is to be conducted, the Chamber will be responsible for its organization and ensure that Lake Forest businesses are given priority for participation in providing the prizes;
j. If an event program and/or agend a is deemed necessary, the Chamber will be responsible for constructing the content and art and providing it to the City for printing.
The City’s roles and responsibilities will include:
a. Provide a City facility as a venue with no cost to the Chamber. Requests for additional venues/times with no cost to the Chamber are at the discretion of the City; b. Provide the Chamber with approval on all event details and deliverables; c. Develop the room layout for the event with review and approval from the Chamber and provide it to Community Center staff, ensuring the room is setup day-of as discussed; d. Provide the Chamber with final approval on all marketing materials produced for the event;
e. Provide the Chamber with final approval on selection of food vendor(s). f. Market the event via pathways including but not limited to: calendar invites to staff and elected officials, social media platforms, the Economic Development e -newsletter, prominently featuring the Chamber’s name and logo, and identifying the Chamber as the event presenter;
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g. The City will be responsible for providing review and approval, and printing the agenda and/or event program if deemed appropriate;
h. The City will be responsible for providing a minimum of two A -frames to display event signage. Additional A-frames to display signage will have the potential for approval upon request;
i. The City will provide review and final approval on requests for additional vendors, initiatives, City staff, or other items as deemed appropriate; j. The City will assume responsibil ity for notifying Community Center staff of the Chamber’s vendor list in a timely manner and ensuring that all vendors meet the City’s requirements, including but not limited to insurance obligations;
2. State of the City:
The Chamber will develop and hold one business event that features a discussion on the “State of the City”. The Chamber may charge an entrance fee for this event. The event should be held in Spring 2025. The event should bring together the business community and political leaders, providing an opportunity for interaction between businesspeople and elected officials.
The Chamber’s roles and responsibilities will include:
a. The City reserves the authority to grant approval for the provision of alcohol at the event, contingent upon its su itability. In the event alcohol is to be served, the Chamber shall procure an ABC permit, cover all expenses related to the purchase of alcohol and necessary serving equipment, arrange for a security guard, and ensure compliance with all relevant county or regulatory requirements pertaining to alcohol service. This will be inclusive of the City’s investment;
b. If a seating chart is required, the Chamber will provide the City with an opportunity to review and approve it, allowing the City to designate seating arrangements for City officials, including but not limited to: Commissioners, Council Members, and City staff; c. The Chamber shall be responsible for acquiring and tracking RSVPs, and shall provide the RSVP list to the City upon request;
The City’s role and responsibilities for the State of the City shall include:
a. The City will maintain sole responsibility for coordinating with City staff to develop a script, speech, and video for the event as appropriate; b. The City will provide the Chamber with a contac t list of elected officials and City staff for distribution of the formal invitation once approved; c. The City will be responsible for developing the City/Chamber presentation for the event as reviewed and approved by the Chamber;
d. Any additional event cost s for equipment, props, or other items deemed necessary and appropriate for the video/speech by City staff will be incurred by the City; e. If alcohol is agreed upon to be provided, the City will provide an Authorization of Use letter to the Chamber in a timely manner;
3. Signature Business Event:
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The Chamber will develop and hold one business event that focuses on professional development through education. The event should be held in Spring 2025. The event has historically been known as the “Lake Forest S eminar & Business Expo”. The name and focus may change upon mutual written consent of the Parties. The event should bring together the business community.
The Chamber’s role and responsibilities will include:
a. Limit table sponsors to Lake Forest busin esses providing a direct service to other Lake Forest businesses;
b. The Chamber will be responsible for securing speakers or presenters for the event and will obtain approval from the City regarding both the speakers and the content of their presentations;
The City’s role and responsibilities for the Signature Business Event shall include:
a. The City will be responsible for developing the City/Chamber presentation for the event as reviewed and approved by the Chamber;
b. Provide the Chamber with review and final approval on speakers and related presentations;
4. New Business Reception:
The Chamber shall partner with the City on a New Business Reception during the Term of the Agreement.
The Chamber’s role and responsibilities will include:
a. Limit table sponsors to Lake Forest businesses providing a direct service t o other Lake Forest businesses;
The City’s role and responsibilities for the New Business Reception(s) shall include:
a. Provide the Chamber with a list of new Lake Forest businesses from its existing sources to be invited to the reception(s);
b. The City shall be responsible for acquiring and coordinating with relevant resource partners to attend the event;
c. The City will be responsible for creating and producing an informational flyer, as reviewed by the Chamber, that outlines resource partner information;
5. Business Mixer:
The Chamber shall host a multi -chamber Business Mixer in Lake Forest during the Term of the Agreement.
The Chamber’s role and responsibilities will include:
a) The Chamber shall fulfill the requirements as specified in section B, subsection 1.
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The City’s roles and responsibilities will include:
b) The City shall fulfill the requirements as specified in section B, subsection 1.
6. Social Media Workshop:
The Chamber shall partner with th e City on a Social Media Workshop that provides current and prospective business owners with effective social media strategies and tips to ensure timely and informative content that can generate more customers. This event may be held with a regional partner if deemed in the best interest of Lake Forest businesses.
The Chamber’s role and responsibilities will include:
a. The Chamber will be responsible for securing speakers or presenters for the event and will obtain approval from the City regarding both the speakers and the content of their presentations;
The City’s roles and responsibilities will include:
a. Provide the Chamber with review and final approval on speakers and related presentations;
7. Legislative Luncheon
The Chamber shall host a Legislative Luncheon, featuring Orange County’s top elected officials.
This event may be held with a regional partner if deemed in the best interest of Lake Forest businesses.
The Chamber’s role and responsibilities will include:
a. The City reserves the authority to grant approval for the provision of alcohol at the event, contingent upon its suitability. In the event alcohol is to be served, the Chamber shall procure an ABC permit, cover all expenses related to the purchase of alcohol and necessary serving equipment, a rrange for a security guard, and ensure compliance with all relevant county or regulatory requirements pertaining to alcohol service. This will be inclusive of the City’s investment;
b. The Chamber will be responsible for securing speakers or presenters for the event and will obtain approval from the City regarding both the speakers and the content of their presentations;
The City’s roles and responsibilities will include:
b. If alcohol is agreed upon to be provided, the City will provide an Authorization of U se letter to the Chamber in a timely manner;
c. Provide the Chamber with review and final approval on speakers and related presentations;
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8. Lake Forest Career Workshop:
The Chamber shall partner with the City on a Lake Forest Career Workshop that provides Lake Forest job seekers with access to resume reviews by industry professionals, and direct and practical advice for the interview process. This event may be held with a regional partner, if deemed in the best interest of Lake Forest businesses.
The Chamber’s role and responsibilities will include:
a. If a regional partner is deemed in the best interest of Lake Forest businesses to partner with on the Lake Forest Career Workshop, the Chamber will be responsible for attending all mandatory meetings with the regional partner to ensure full knowledge of their responsibilities and day-of-event details;
b. If a regional partner does not take the lead on tracking RSVPS, the Chamber shall be responsible for acquiring and tracking RSVPs, and subsequently providing the RSVP list to the City upon request.
The City’s roles and responsibilities will include:
a. Market the event via emails and outreach to local universities.
9. Elf Yourself 5K Charity Run
The Chamber shall host the annual Elf Yourself 5K at the Lake Forest S ports Park and Recreation Center. Event registration is open to the public.
The Chamber’s role and responsibilities will include:
a. The Chamber will ensure that all event details, vendors, and actions day -of the event comply with the requirements of Sports Park regulations; b. If the Chamber requires additional city staff support for its events, excluding the economic development team, a minimum 30-day notice must be provided; c. The Chamber shall be responsible for inviting and acquiring local businesses to ha ve booths at the event, giving priority to Lake Forest businesses; d. The City reserves the authority to grant approval for the provision of alcohol at the event, contingent upon its suitability. In the event alcohol is to be served, the Chamber shall procure an ABC permit, cover all expenses related to the purchase of alcohol and necessary serving equipment, arrange for a security guard, and ensure compliance with all relevant county or regulatory requirements pertaining to alcohol service. This will be inclusive of the City’s investment;
e. The Chamber shall submi t a complete list of all participating vendors to the City at least one (1) week prior to the event. The City will assume responsibility for notifying Community Services staff of its vendor list in a timely manner; f. The Chamber shall be responsible for purchasing Special Event Insurance coverage listing all participating vendors and naming the City as an additional insured.
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g. The Chamber will provide one (1) table for a City booth at the event at no cost to the City.
h. If the Chamber requests city-owned equipment, it will be at the discretion of Community Services staff for approval;
i. The Chamber, as the host of the 5k race, shall be responsible for ensuring the safety of all participants and spectators, and shall meet all safety requirements mandated for the event; j. The Chamber shall be responsible for cleaning up the event afterwards and ensuring that the venue is left clean;
k. If a raffle is to be conducted, the Chamber will be responsible for its organizati on and ensure that Lake Forest businesses are given pri ority for participation in providing the prizes.
The City’s roles and responsibilities will include:
a. Provide the Chamber use of the entire Lake Forest Sports Park and Recreation Center the Saturday before Thanksgiving at no cost to the Chamber with the understanding no other activities or events take place on that day;
b. Provide the Chamber use of City-owned barricades;
a. Provide the Chamber with final approval on selection of vendor(s); b. If alcohol is a greed upon to be provided, the City will provide an Aut horization of Use letter to the Chamber in a timely manner;
c. The City will assume responsibility for notifying Community Center staff of the Chamber’s vendor list.
10. Business Appreciation Luncheon:
The Chamber shall partner with the City on a Business Appreciation Luncheon in 2024. The event will be held in the Winter.
The Chamber’s roles and responsibilities will include:
a. The Chamber shall be responsible for securing a Keynote Speaker and will tak e the lead on coordinating all event details and meetings;
b. The Chamber will coordinate with City staff to ensure the event date does not conflict with the City’s master calendar or other City events on that date; c. Produce a formal invitation and all additio nal marketing materials for the City’s review.
The City will have final approval on all marketing materials for distribution; d. The City reserves the authority to grant approval for the provision of alcohol at the event, contingent upon its suitability. In t he event alcohol is to be served, the Chamber shall procure an ABC permit, cover all expenses related to the purchase of alcohol and necessary serving equipment, arrange for a security guard, and ensure compliance with all relevant county or regulatory req uirements pertaining to alcohol service. This will be inclusive of the City’s investment;
e. The Chamber shall be responsible for acquiring and tracking RSVPs, and shall provide the RSVP list to the City upon request;
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The City's roles and responsibilities will include:
a. The City shall have review and approval of the Keynote Speaker. b. The City will provide the Chamber with a contact list of elected officials and City staff for distribution of the formal invitation once approved; c. If alcohol is agreed upon to be provided, the City will provide an Authorization of Use letter to the Chamber in a timely manner;
11. Beer & Wine Garden(s) at Concerts in the Park:
The Chamber will host a Beer and Wine Garden at each Concert in the Park and the annual Tree Lighting. Event dates will be: July 27, 2024, August 24, 2024, and a date TBD in June of 2025.
The Chamber’s roles and responsibilities will include:
a. The Chamber shall procure an ABC permit, cover all expenses related to the purchase of alcohol and necessary serv ing equipment, arrange for a security guard, and ensure compliance with all relevant county or regulatory requirements pertaining to alcohol service. This will be inclusive of the City’s investment;
The City’s role and responsibilities for the Beer and Wine Gardens shall include:
a. Secure a venue at the Lake Forest Sports Park and Pittsford Park free of charge. b. Provide the Chamber with final approval on all marketing materials produced for the event;
c. Provide the Chamber use of City-owned barricades.
d. The City will provide a 20 x 30 tent, tables, and chairs, and barriers as deemed necessary and appropriate to fit the needs of the event.
e. The City will provide an Authorization of Use letter to the Chamber in a timely manner;
12. Beer & Wine Garden(s) at Annual Tree Lighting:
The Chamber will host a Beer and Wine Garden at the annual Tree Lighting in December 2024.
The Chamber’s roles and responsibilities will include:
a. The Chamber shall procure an ABC permit, cover all expenses related to the purchase of alcohol and necessary serving equipment, arrange for a security guard, and ensure compliance with all relevant county or regulatory requirements pertaining to alcohol service. This will be inclusive of the City’s investment;
The City’s role and responsibilities for the Beer and Wine Gardens shall include:
a. Secure a venue at the Lake Forest Civic Center free of charge. b. The City shall be responsible for renting a bar and providing the Chamber with tables, and chairs, as deemed necessary and appropriate to fit the needs of the event.
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c. The City shall be responsible for providing the Chamber with a location at the event that is suitable and appropriate for the event.
d. The City will provide an Authorization of Use letter to the Chamber in a timely manner;
13. Women in Business Event
The Chamber’s roles and responsibilities will include:
a. The City reserves the authority to grant approval for the provision of alcohol at the event, contingent upon its suitability. In the event alcohol is to be served, the Chamber shall procure an ABC permit, cover all expenses related to the purchase of alcohol and necessary serving equipment, arrange for a security guard, and ensure compliance with all relevant county or regulatory requirements pertaining to alcohol service. This will be inclusive of the City’s investment;
b. The Chamber wil l be responsible for securing speakers or presenters for the event and will obtain approval from the City regarding both the speakers and the content of their presentations;
The City’s roles and responsibilities will include:
a. If alcohol is agreed upon to be provided, the City will provide an Authorization of Use letter to the Chamber in a timely manner;
b. Provide the Chamber with review and final approval on speakers and related presentations;
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/18/2024
DEPARTMENT: Information Technology
SUBJECT:
FIRST AMENDMENT TO THE AGREEMENT WITH ECS IMAGING, LLC FOR
ELECTRONIC DOCUMENT MANGEMENT SOFTWARE AND SERVICES
RECOMMENDED ACTION(S):
1. Approve the First Amendment to the Professional Consultant Services Agreement with ECS Imaging, LLC for Electronic Document Management Software and Services.
2. Authorize the Mayor to sign, and the City Clerk to attest, the First Amendment to the Agreement with ECS Imaging, LLC, substantially in the form attached.
EXECUTIVE SUMMARY:
The City Council awarded a Professional Consultant Services Agreement to ECS imaging, LLC (“ECS”) to deploy Laserfiche for electronic document management services in 2022 (“Agreement”) (Attachment 1). Since then, ECS has launched an effective system and staff has identified additional opportunities to digitize other processes. One such opportunity involves digitizing the Personnel Actions Forms (“PAFs”) process. PAFs are essential for documenting various personnel actions, including onboarding, promotions, position changes, reviews, and terminations. PAFs are currently routed manually. As part of Strategic Plan initiative SP#49, staff propose expanding the scope of work under the Agreement with ECS to digitize this process.
The Agreement with ECS includes costs for the Laserfiche software used to host the City’s electronic document management services and professional services to configure the system. The Agreement with ECS has a three-year term and is set to expire on August 15, 2025. The proposed First Amendment to the Agreement with ECS (“First Amendment”) would add an additional amount of $15,120 to cover the cost of the expanded scope of services for digitizing PAFs, bringing the new total contract amount of $137,820. Sufficient funding is available in the 2023-2025 Operating Budget for this purpose. The proposed First Amendment to the Agreement with ECS was prepared by the Finance department and approved as to form by the City Attorney.
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BACKGROUND:
Aligned with the City’s Strategic Plan initiative SP#49, staff began working to procure a new document retention system to increase public access to City records. On August 16, 2022, following a competitive proposal process, the City Council approved the Professional Consultant Services Agreement with ECS for Laserfiche software, support, and implementation services in the amount of $122,700 (Attachment 1). The initial term of the Agreement is three years and ends on August 15, 2025. The current agreement includes two optional one-year extensions.
After ECS launched Laserfiche software system, staff recognized further opportunities to digitize additional processes, including the PAF process. A PAF is a document used by City to record and process changes related to an employee's status, such as promotions, transfers, salary adjustments, and other employment-related actions. It serves as an official record to ensure accurate and consistent tracking of personnel changes within the organization. The proposed First Amendment (Attachment 2) would expand the scope of services by adding PAF digitization to the agreement and provide sufficient compensation for the additional services, including automated workflows, electronic approvals, and document storage in Laserfiche for all PAF actions.
DISCUSSION:
The City currently uses a paper-based PAF system that requires manual completion, routing, and multiple review steps. To address the challenges and align with the City’s Strategic Plan, staff propose digitizing the PAF process using Laserfiche's digital forms, workflows, and electronic signature capabilities. The City’s Strategic Plan Goal B, Priority Area 3, prioritizes innovative technologies to enhance organizational efficiency and better serve our community. Leveraging Laserfiche will streamline processes, improve document management, and ensure efficient workflows, thereby enhancing overall service effectiveness.
Laserfiche is already the City's designated repository for records management.
Utilizing it for PAF digitization ensures seamless integration of PAFs into the existing record-keeping system. This will improve the ability to maintain accurate and easily accessible records, thereby enhancing compliance with regulatory requirements and internal policies. Additionally, transitioning to a digital workflow with Laserfiche will save many hours previously spent on manual routing and handling of PAFs. Automated workflows will ensure that forms are correctly routed to the appropriate parties without delay, and electronic signatures will expedite the approval process.
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Prior to identifying Laserfiche as the preferred modality for PAF digitalization, staff evaluated the pros and cons of two products: Laserfiche and DocuSign.
While both offer digital signature capabilities, Laserfiche provides a more comprehensive solution tailored to the City's needs. By integrating forms, workflows, and storage in a single platform, Laserfiche eliminates the need for multiple systems, reducing complexity and potential points of failure. This makes Laserfiche a superior choice for achieving the City's strategic objectives.
The primary objective of the proposed First Amendment is to digitize the PAF process and store the documents in the City’s electronic document repository, Laserfiche, which was established through the work completed under the original Agreement. The scope of services proposed by the First Amendment includes the following:
Developing PAF Automated Workflow: Configure automated workflows to achieve efficiencies and ensure documents are properly created, circulated, and stored for City operations.
Implementing Electronic Approvals: Allow for electronic signatures on documents that were previously routed through a time-consuming, paper- based process.
Document Storage in Laserfiche: Provide centralized and secure repository for storage of PAFs, providing training and support during its implementation.
The City's Purchasing and Contracting Guidelines allow amendments to existing agreements for changes to the original scope of services. The proposed First Amendment would expand the scope of work to include digitizing the PAF process, incorporating automated workflows, facilitating electronic approvals, and enabling document storage in Laserfiche for all PAF actions. The Proposed First Amendment increases the total compensation by $15,120 to cover the cost of the expanded scope of services for digitizing PAFs, bringing the new total compensation under the Agreement to $137,820, while keeping the same agreement term. Table 2 below outlines Software, Support, and Contingency items over a three-year period under the proposed First Amendment.
Table 2: Contract Amount
Year 1 Year 2 Year 3 Total
Software $25,850.00 $29,600.00 $29,600.00 $85,050.00
Support $25,150.00 $6,250.00 $6,250.00 $37,650.00
Original Total
Compensation $51,000.00 $35,850.00 $35,850.00 $122,700.00 PAF Digitization
(First Amendment
Added Scope)
$15,120.00 $15,120.00
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Year 1 Year 2 Year 3 Total
First Amendment
Total Compensation $51,000.00 $50,970.00 $35,850.00 $137,820.00 Pursuant to the City’s Purchasing and Contracting Guidelines, staff completes a vendor performance assessment during a proposed contract amendment. The vendor performance assessment is used as a guide to determine whether a contract should be amended, renewed, or terminated based on performance in the following categories: performance of scope of services; timeliness; budget performance; and customer service.
Table 3: Vendor Performance Assessment
ECS Imaging, LLC Consulting Performance Assessment
August 16, 2022, to April 30, 2024
Category Rating
Performance of
Scope of Services
□ Unsatisfied □ Satisfied X Very Satisfied □ N/A Timeliness □ Unsatisfied X Satisfied □ Very Satisfied □ N/A Budget
Performance
□ Unsatisfied □ Satisfied X Very Satisfied □ N/A Customer Service □ Unsatisfied □ Satisfied X Very Satisfied □ N/A Table 3 provides an overall summary of the consultant’s performance during the respective evaluation period. The evaluation period for ECS is from the start of the contract term on August 16, 2022, through April 30, 2024. Staff believes ECS worked effectively with the City to implement Laserfiche, successfully transitioning nearly 200,000 documents, and 4.4 Terabytes of data, from the old system to Laserfiche. The City successfully transitioned to Laserfiche in May 2024. Staff have been satisfied with ECS’s timeliness, and very satisfied with their performance for all other measures.
Based on ECS’ contract performance, savings in software licensing, and the appropriateness of Laserfiche as a workflow automation solution, staff recommend approving the First Amendment to the Agreement with ECS. If approved, the proposed First Amendment amends the Scope of Work to include the digitization of the PAF process and add $15,120 to the Agreement for a new total compensation of $137,820 while maintaining the current term of the agreement. The Finance Department prepared the attached First Amendment and the City Attorney reviewed and approved it as to form.
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FISCAL IMPACT:
The proposed First Amendment would add $15,120 for the new contract amount of $137,820. Sufficient funds are available in Fiscal Year 2024-25 of the 2023- 2025 Operating Budget.
ATTACHMENTS:
1. Agreement for Professional Services with ECS Imaging, LLC
2. First Amendment to Agreement with ECS Imaging, LLC
Initiated By: Joanne Jin, Information Technology Analyst Submitted By: Douglas McBratney, Information Technology Manager Approved By: Debra Rose, City Manager
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ATTACHMENT 1
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CITY OF LAKE FOREST
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
1. P ARTIES AND DATE.
This Agreement is made and entered into this ___________________ day of _________________, 2022, by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California, 92630 ("City") and ECS Imaging, Inc., a Corporation of the State of California, with its principal place of business at 5905 Brockton Ave., Ste C., Riverside, CA 92506 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. R ECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional Electronic Document Management System consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Electronic Document Management System consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional consulting services for the Electronic Document Management System project ("Project") as set forth in this Agreement.
3. T ERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipmen t, services, and incidental and customary work necessary to fully and adequately supply the professional Electronic Document Management System consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached here to and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from August 16, 2022 to August 15, 2025 unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one- year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
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3.2 Responsibilities of Consultant.
3.2.1 Independent Contract or; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Se rvices subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel pe rforming the Services under this Agreement on behalf of Consultant shall also not be empl oyees of City and shall at all times be under Consultant's exclusive direction and control. Ne ither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement an d as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technica l personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavaila ble, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequa te or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Laura Favreau.
3.2.5 City's Representative. The City here by designates Lisa Berglund, or her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Wo rk or change the total compensation due to Consultant under this Agreement. The City Manage r shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
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3.2.6 Consultant's Representative. Consultant hereby designates Laura Favreau, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by profe ssionals in the same discipline in the State of California. Consultant represents and maintain s that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to pe rform the Services assigned to them. Finally, Consultant represents that it, its employees an d subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursem ent from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws , rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but sha ll not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices,
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equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the prop er inspection and maintenance of all safety measures.
3.2.11 Insurance. Consultant agrees to procure and maintai n, at Consultant’s expense all insurance specified in Exhibit “D” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.
3.2.12 Water Quality Management and Compliance.
3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.
3.2.12.2 Compliance with Wate r Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinance s regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
3.2.12.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulations listed in Section 3.2.12.2 of this Agreement, Consultant must comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the City of Lake Forest Local Implementation Plan (“LIP”) and the applicable Water Quality Management Plan (“WQMP”). The DAMP contains requirements related to design and construction of public projects. Consultant must be familiar the DAMP, and the LIP and comply with the requirements as specified therein.
A copy of the DAMP is available on the internet at:
https://media.ocgov.com/gov/pw/watersheds/documents/damp/default.asp A copy of the LIP is available on the internet at:
http://www.lakeforestca.gov/depts/pw/water/local_implementation_plan_%28lip%29.a sp
More information on the applicable WQMP is available on the internet at:
http://www.lakeforestca.gov/depts/pw/water/water_quality_management_plan_(wqmp).a sp
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3.2.12.4 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.2.12.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.12.2 and 3.2.12.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with , any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Sections 3.2.12.2 and 3.2.12.3 of this Agreement, or any other relevant water quality law, regulation, or policy.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant sh all receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed one hundred twenty two thousand, seven hundred dollars, ($122,700.00). without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be co mpensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hou rs of Services rendered by Consultant. The invoice shall describe the amount of Services pr ovided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invo ice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consul tant shall not be reimbursed for any
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expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the pr oper completion of the Project, but which the Parties did not reasonably antici pate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 17 76, 1777.5, 1813, and 18 15 of the Labor Code within this Agreement, and Consultant shall theref ore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and al l subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subcon sultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
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3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of th is Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further co mpensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.1.4 Delivery of Notices. All no tices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: ECS Imaging, Inc
5905 Brockton Ave., Ste C.
Riverside, CA 92506
ATTN: Laura Favreau
City: City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
ATTN: City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.2 Ownership of Materials and Confidentiality.
3.6.2.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including bu t not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for
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any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal ri ght to license any and all Documents & Data.
Consultant makes no such repres entation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.6.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written cons ent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trad e paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.2.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary In formation is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.6.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be enti tled to have and recove r from the losing party reasonable attorney's fees and all other costs of such action.
3.6.5 Indemnification.
To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors
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or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation th e payment of all damages, expert witness fees and attorneys fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.
If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the neglig ence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter he reof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer. Consul tant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no ri ght or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performanc e shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augmen t, or describe the scope, content, or intent of this Agreement.
3.6.13 Amendment; Modification. No supplement, modification, or amendment of
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this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any defaul t shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or perfor med by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or pe rson, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discrimi nate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or ot her related programs or guidelines currently in effect or hereinafter enacted.
3.6.19 Labor Certification. By its signatur e hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed th is Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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3.7 Subcontracting.
3.7.1 Prior Approval Required. Consulta nt shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
CITY OF LAKE FOREST ECS IMAGING, INC.
By:
By:
Robert Pequeño
Mayor
Debbi Bodewin
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
ATTEST:
By:
Will Wolfe
By:
Lisa Berglund
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
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Exhibit “A”-1-
EXHIBIT "A"
SCOPE OF SERVICES
City of Lake Forest
Electronic Document Management System (EDMS)
Software and Implementation
The City of Lake Forest intends to obtain the services ECS Imaging Inc., to take full responsibility for the identification, implementation, training, and support of a new EDMS. The objective of this contract is to identify and implement an effective EDMS which is modernized and addresses the long-term goals of the City to remain technologically current and apply innovative technologies, enhancing our organizational efficiency to better serve the community.
The system will be managed by the City Clerk and Assistant City Clerk.
Requirements of EDMS include:
Establish a relationship with a proven EDMS firm with long-term viability. Identify and implement an effective EDMS cloud-based solution for the City of Lake Forest.
Create an enhanced user experience which is easily accessible for staff and the public. Bifurcate portal access into a public and internal facing user interface. Ensure confidentiality of personal information where necessary. Maintain current levels of functionality while striving to improve usage by integrating with other actively used software applications throughout the City wherever feasible. Automate retention policies where appropriate for effective document management. Automate or improve business processes relating to document redaction, retention scheduling, and indexing.
Complete a non-disruptive implementation with minimal downtime for users. Extend the standardized use of an EDMS City-wide across different departments and divisions to be able to capture, index, store, categorize, and retrieve documents. Build and apply a collaborative training approach for effective training for all City users. Establish document security and disaster recovery capabilities. Coordinate with the City’s scanning service provider as necessary with regards to file formatting needs.
Document management should support automated compliance with California Government Code and Regulations 22620.1 through 22620.8 associated with Trustworthy Electronic Document or Record Preservation, and any other relevant statutory requirements.
Technical Specifications
ECS Imaging must deliver to the City an EDMS solution based on the following requirements.
1. Required Software Specifications
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Exhibit “A”-2-
x The EDMS system must have:
x Ability to import standard data file formats, as well as largescale maps and plans, photographs, and video files. (PDF, DOCX, JPEG, PNG, BMP, etc.) x Capability to view high-resolution oversized plan documents x OCR functionality across all documents automatically
x Boolean, metadata and full text searching
x Customizable reporting capabilities, including the ability to export reports as both PDF and Microsoft documents (such as Excel or Word).
x Clearly defined file categorization based on existing category areas. x Ability to publish documents to the City’s website for public access x Ability to “pull” data to auto populate indexing/metadata values from other systems
x Retention management per the City’s retention schedule x Security for confidential records, Personally Identifiable Information. o Capability to differentiate public facing external versus internal documents on two mirrored portals.
2. User Control and Licensing
x The recommended solution should have the ability to support a variety of users.
The recommended licensing model should support usage for all user types from software administration, contributors/editors, search/retrieval (read only), etc. i. Provide an explanation on the software licensing model for the proposed solution (concurrent user or named specific user licensing).
3. System Architecture
x The recommended solution should be a cloud-based solution with industry standard security measures for data storage alongside portal access.
4. Implementation and System Configuration
ECS Imaging will be responsible for all software installation and configuration for the proposed solution with assistance from the City’s Information Technology personnel and contract staff. The selected firm will be responsible for providing all the necessary technical resources required for their product and the vendor will be responsible for installing operating system, database components and network connectivity. This includes all recommended system environments (development, test, production).
The firm will be required to completely configure the proposed software components.
This includes security integration (with Active Directory/SSO) and system integration for conversion between systems. The selected firm will be responsible for fully testing the product as delivered and installed on the cloud, along with all testing for the solution and any associated updates to the server with clear guidance/directions for the City to be able to migrate into production with the assistance of the firms team.
The firm will demonstrate that the installed and configured software meet all functional specifications provided in this document. All user acceptance test plans will be developed jointly by the City and vendor to validate each component of the system being installed and configured along with validating all anticipated functionality is performing as expected.
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Exhibit “A”-3-
These user acceptance test plans will be specific and detailed, clearly showing compliance with each requirement contained within this document and the firm’s response as well as shared with the selected firm after the firm’s design documentation is approved.
It is requested that the firm provide a high-level project implementation plan that identifies high level tasks and the required resources that will be performed by the firm.
Also outline tasks and resources that will be requested of the City. The project plan should consider the implementation and configuration elements identified above.
5. Conversion/Migration of Existing Content
Conversion/migration of electronic files (e.g., documents, images, photos) from shared drives and existing EDMS into the new system is required. Currently, the City utilizes ApplicationXtender Document Manager, version 16.6.150.0. At the time of this publication, there is a backlog of unscanned and scanned records to be entered into the EDMS.
x All existing records shall be migrated. The final appearance, and quality of all records migrated shall remain in original form. Quality, proportion, resolution, color, formatting, proper orientation and angle, and all other data factors should remain consistent with the original files from legacy system.
x File Categorization should remain consistent from previous EDMS system, unless otherwise decided during the implementation phase, and should also be easily identifiable and searchable.
x System and/or consultant should be able to identify necessary redaction of personal information of existing EDMS documents and records on a go-forward basis upon implementation.
Respondents should provide a narrative as to their approach to document conversion/migration and the specific responsibilities of the City to ensure a successful conversion.
Furthermore, a timeline shall be provided identifying the migration of existing records (internal), versus public facing records (external) with accurate redactions.
Current City Document Inventory
Document Category Number of Items
Administrative 6,027
City Council 27,599
Development Services 137,857
Finance 205
Human Resources 459
Planning Commission 4,904
Public Works 17,566
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Exhibit “A”-4-
GIS 16
Traffic & Parking Commission 222 Confidential Dev. Svcs 1 Redevelopment 1,115
Community Svcs Commission 87 GRAND TOTAL 196,058
6. Education and Training
The firm/integrator must provide a training plan with the scope and length of proposed training for users and product/hardware support staff. This training must be sufficient to enable the users to become proficient with the system in a short time period. Any training costs must be clearly described in the cost proposal. Training for the operation of the proposed system shall be included in the response along with any other expenses related to training. It is preferable that the training be performed on-site, but virtual training may be accommodated. The following topics, at a minimum, must be addressed during the training:
• System Administration:
o Detailed training for the assigned City system administrators and other software support functions are required. This training should be sufficient enabling the City’s support staff to perform all required daily, weekly, monthly, and ad-hoc support activities. In total, the city anticipates approximately 16 internal users requiring read and write ability and a 2-sided portal. One for all internal staff (currently 76), and the second for members of the public.
o If feasible, software should support single sign on with Microsoft Active Directory.
• Technology Basics:
o These basics should include what EDMS is, how it functions from a user perspective, the various components used, etc.
• User Controls:
o This portion of the training should include detailed information on user access to each application/function, what each application/function is used for, how to use each application/function, which applications/functions to access in what order, etc
• Security Maintenance Training:
o This level of training should include detail associated with how the security models are planned and configured in addition to procedures that should be followed by the City as updates to the security model are required
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Exhibit “A”-5-
• Error Handling:
o The error-handling portion of the training should include descriptive information as to the various error messages that can be received by the users during daily operation. This training should be sufficient so the user can resolve what was entered incorrectly, performed improperly, or what process needs to be performed.
7. System Maintenance/Support:
The firm will be required to provide technical support for the installed/configured solution.
The City will have primary and backup technical resources responsible for day-to-day system administration and troubleshooting with the users.
These technical support resources will be trained by the firm/integrator on all product solution administrative functions necessary for the City’s project to be successfully supported and maintained after successful deployment into production. It is anticipated that there will be a total of five trained staff members for this aspect of implementation. The product/solution related technical training should enable the City staff to manage ongoing workload, be able to identify issues for firm support resolution, and support end-users using the product/solution.
Please describe in detail your technical support hours and service level agreements. Support hours are expected to be during city regular hours of operation at a minimum. Response times and error tickets should be addressed by end of business day from date of original request (preferably via email). Also include support protocols for any 3rd party firms that are recommended for the proposed solution. The firm/integrator will provide information on the following items:
• Software Problem Isolation Identification Procedures
• How New Software is Released and Installed
• If Third-Party Software is Used, Information describing Third-Party Software Support.
Software as a Service Requirements
Laserfiche Cloud Professional Tier includes: Direct Share, Data Encryption at Rest, Autoscaling, Automated & Encrypted Backups, Intrusion Detection, Automated Feature & Security Updates, Automated Text Extraction, Import Agent with Email Archive, Starter Audit Trail+, Workflow & Forms Process Automation, Connector, Surveys, 1 Workflow Bot, 10 Quick Fields Complete w/Agent. Integrations with MS Office, SharePoint, Teams, MS Dynamics 365 & Redtail. 50,000 RESTful web API calls/month.
ECS Imaging Contract includes Turnkey implementation, Weblink Public Portal Design Setup, Consulting, Training and Conversion services from ApXtender 196,058 documents as listed in the Current City Document Inventory.5 CPP online Courses included toward Gold Certification for one user or equivalent value. Weblink Public Portal of 10,000 Views/month with the ability to decrease to 1,000 if requested.
Contract includes then hours of ECS Gold Priority Support, with the ability to contract for
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Exhibit “A”-6-
additional hours of support as needed within the limitations of Exhibit C.
Gold Annual Priority Remote or Onsite Support Contract Includes:
x Hardware Return Policy: Unopened boxed hardware may be exchanged for a full cash or credit refund within 7 days - a 15% restocking fee may apply. Defective hardware will be exchanged for a replacement per the terms and conditions specified on the product warranty card.
x Maximum 4 Hour Response Time - Upgrad ed from 24 hours with traditional LSAP support○ Live Hours of support are 7:30am - 5:00pm PST M-F x Unlimited Phone and E-mail Support
x On-site time is calculated to the nearest half hour and minimum onsite calculation is between 2-8 hours depending on the location
x On-site time can be used for remedial trai ning, installing updates, and consulting, in addition to support ○ ECS may allow planned after hours support in rare circumstances.
In these circumstances
x Two free admissions to the ECS Annual Customer Conference along with Free Admission to Quarterly User Groups
x Monthly E-Newsletter
x On-site/remote support hours included as quoted. On-site within next business day as needed. Additional hours of support purchased at a discounted hourly rate. Customers not under this plan can purchase on-site hours at $250/hour with a 1 hour minimum for remote support, and an 8 hour minimum onsite charge in addition to travel expenses. x Software & Maintenance billed 100% at project start.
x Services billed 50% up front minimally w/ remaining Services as incurred. x Standard Processing fee ad ded to credit card payments
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(BB&K 2019)
55136.00200\31918793.1
Exhibit “B”-1
EXHIBIT "B" SCHEDULE OF SERVICES
Consultant shall provide the services described in Exhibit “A” Scope of Services as directed by the City.
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55136.00200\31918793.1
Exhibit “C”-1
EXHIBIT "C"
COMPENSATION
Consultant shall be paid for services rendered in accordance with Section 3.3 of the Agreement and as described under Exhibit “A” Scope of Services, the not to exceed amount of one hundred twenty two thousand, seven hundred dollars, $122,700.00 is based on the following rates:
Task/Description Year 1 Cost Year 2 Cost Year 3 Cost
Laserfiche PF Cloud Professional
Users (5-49) $13,280.00 $13,280.00 $13,280.00
Laserfiche PF Cloud Participant
Users (10-199) $9,120.00 $9,120.00 $9,120.00
Laserfiche PF Cloud Weblink Public
Portal
Option to Reduce at City’s Request
10k views per
month
$4,200
10k views per
month
$4,200
10k views per
month
$4,200
ECS GOLD Priority Support $175.00 per Hour
Option to purchase
hours as needed
$175.00 per Hour
Option to purchase
hours as needed
$175.00 per Hour
Option to purchase
hours as needed
1st Year Discount ($3,750.00) - -
Laserfiche Vault $3,000 $3,000 $3,000
ECS Turnkey Project Identified in
Scope of Work Exhibit A
$18,900.00 - -
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.
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55136.00200\31918793.1
Exhibit “D”-1
EXHIBIT “D”
INSURANCE REQUIREMENTS
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addi tion, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consul tant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. If Consultant does not own any company vehicles or may not be able to purchase a Business Automobile Insurance Policy, the requirement may be satisfied by providing either of the following: (1) a Personal Automobile Liability policy for the Consultant's own vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident"; or (2) a non-owned auto endorsement to the Commercial General Liability policy if Consultant uses vehicles of others (e.g., vehicles of employees).
(C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appr opriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
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55136.00200\31918793.1
Exhibit “D”-2
3.2.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(C) Cancellation: Required in surance policies shall not be canceled or the coverage reduced until a thirty (3 0) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
3.2.11.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required in surance policies shall not be canceled or the coverage reduced until a thirty (3 0) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
3.2.11.5 Workers' Compensation:
(A) Cancellation: Required in surance policies shall not be canceled or the coverage reduced until a thirty (3 0) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation agai nst the City, its officials, officers, employees, agents, and volunteers.
3.2.11.6 Primary and Non-Contributi ng Insurance. All policies of Commercial General Liability and Automobile Liab ility insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees,
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Exhibit “D”-3
agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.11.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Cons ultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.11.8 Deductibles and Self-Insured Retentions. Any deductible or self- insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or polic ies not contained a deductible or self-insured retention.
3.2.11.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limit ing provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (1 0) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.11.10 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.
3.2.11.11 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's ra ting of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.11.12 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
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3.2.11.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.2.11.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insu rance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subcon sultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using en dorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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ATTACHMENT 2
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ELECTRONIC DOCUMENT MANAGEMENT SYSTEM
(2022-073.1)
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
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City of Lake Forest
First Amendment to Agreement for Professional Consultant Services Electronic Document Management System
I. PARTIES AND DATE. ................................ ................................ ..............
II. RECITALS. ................................ ................................ ..............................
III. TERMS................................. ................................ ................................ ..
IV. SIGNATURES. ................................ ................................ ........................
V. EXHIBIT "A" SCOPE OF SERVICES ................................ ...........................
VI. EXHIBIT "C" - COMPENSATION ................................ ..............................
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Title: Electronic Document Management System
3 1. PARTIES AND DATE.
This First Amendment to the Agreement for Professional Consultant Services ("First Amendment") is entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California 92630 (“City”) and ECS Imaging, Inc., a California Corporation (Inc.) , with its principal place of business at 5905 Brockton Ave Suite C, Riverside, CA 92506 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”
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Title: Electronic Document Management System
4 2. RECITALS.
2.1. Agreement
The Parties entered into that certain Agreement for Professional Electronic Document Management System Consulting Services dated August 16, 2022 (“Agreement”).
2.2. First Amendment
The Parties now desire to amend the Agreement in order to expand the scope of services and increase total amount of compensation under the Agreement.
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Title: Electronic Document Management System
5 3. TERMS.
3.1. Compensation.
Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE HUNDRED THIRTY -SEVEN THOUSAND EIGHT HUNDRED TWENTY DOLLARS ($137,820.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2. Scope of Services.
The Scope of Services as set forth in Exhibit “A” of the Agreement is hereby amended to include the Services set forth in EXHIBIT "A" SCOPE OF SERVICES to this Amendment, attached hereto and incorporated herein.
3.3. Extra Work.
The Scope of Services as set forth in Exhibit “A” of the Agreement is hereby amended to include the Services set forth in EXHIBIT "A" SCOPE OF SERVICES to this Amendment, attached hereto and incorporated herein.
3.4. Remaining Provisions of Agreement.
Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
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Title: Electronic Document Management System
6 4. SIGNATURES.
4.1. SIGNATURES.
CITY OF LAKE FOREST ECS Imaging, Inc.
By: [AUTHORIZED CITY SIGNATURE]
Mark Tettemer
Mayor
By: [VENDOR SIGNATURE 1]
Will Wolf
President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By: [CITY CLERK SIGNATURE]
Lisa Berglund
City Clerk
By: [VENDOR SIGNATURE 2]
Debbi Bodewin
General Partner (Limited Partnership)
APPROVED AS TO FORM:
By: [CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
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7 5. EXHIBIT "A" SCOPE OF SERVICES
5.1. EXHIBIT "A" SCOPE OF SERVICES
Consultant shall provide the following Professional Electronic Document Management System Consulting Services professional consulting services relative to the City's Electronic Document Management System project.
City of Lake Forest
Electronic Document Management System (EDMS) Software and Implementation The City of Lake Forest intends to obtain the services ECS Imaging Inc., to take full responsibility for the identification, implementation, training, and support of a new EDMS. The objective of this contract is to identify and implement an effective EDMS which is modernized and addresses the long-term goals of the City to remain technologically current and apply innovative technologies, enhancing our organizational efficiency to better serve the community. The system will be managed by the City Clerk and Assistant City Clerk.
Requirements of EDMS include:
Establish a relationship with a proven EDMS firm with long-term viability. Identify and implement an effective EDMS cloud-based solution for the City of Lake Forest. Create an enhanced user experience which is easily accessible for staff and the public. Bifurcate portal access into a public and internal facing user interface. Ensure confidentiality of personal information where necessary.
Maintain current levels of functionality while striving to improve usage by integrating with other actively used software applications throughout the City wherever feasible. Automate retention policies where appropriate for effective document management. Automate or improve business processes relating to document redaction, retention scheduling, and indexing.
Complete a non-disruptive implementation with minimal downtime for users. Extend the standardized use of an EDMS City-wide across different departments and divisions to be able to capture, index, store, categorize, and retrieve documents. Build and apply a collaborative training approach for effective training for all City users. Establish document security and disaster recovery capabilities. Coordinate with the City’s scanning service provider as necessary with regards to file formatting needs.
Document management should support automated compliance with California Government Code and Regulations 22620.1 through 22620.8 associated with Trustworthy Electronic Document or Record Preservation, and any other relevant statutory requirements.
Technical Specifications
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Title: Electronic Document Management System
8 ECS Imaging must deliver to the City an EDMS solution based on the following requirements.
1. Required Software Specifications
The EDMS system must have:
Ability to import standard data file formats, as well as largescale maps and plans, photographs, and video files. (PDF, DOCX, JPEG, PNG, BMP, etc.) Capability to view high-resolution oversized plan documents OCR functionality across all documents automatically
Boolean, metadata and full text searching
Customizable reporting capabilities, including the ability to export reports as both PDF and Microsoft documents (such as Excel or Word).
Clearly defined file categorization based on existing category areas. Ability to publish documents to the City’s website for public access Ability to “pull” data to auto populate indexing/metadata values from other systems Retention management per the City’s retention schedule Security for confidential records, Personally Identifiable Information. o Capability to differentiate public facing external versus internal documents on two mirrored portals.
2. User Control and Licensing
The recommended solution should have the ability to support a variety of users. The recommended licensing model should support usage for all user types from software administration, contributors/editors, search/retrieval (read only), etc. o Provide an explanation on the software licensing model for the proposed solution (concurrent user or named specific user licensing).
3. System Architecture
The recommended solution should be a cloud-based solution with industry standard security measures for data storage alongside portal access.
4. Implementation and System Configuration
ECS Imaging will be responsible for all software installation and configuration for the proposed solution with assistance from the City’s Information Technology personnel and contract staff.
The selected firm will be responsible for providing all the necessary technical resources required for their product and the vendor will be responsible for installing operating system, database components and network connectivity. This includes all recommended system environments (development, test, production). The firm will be required to completely configure the proposed software components. This includes security integration (with Active Directory/SSO) and system integration for conversion between systems. The selected firm will be responsible for fully testing the product as delivered and installed on the cloud, along with all testing for the solution DocuSign Envelope ID: 7AFF3394-E1E1-4ABD-8873-D3E5917F3A16 Item: 12
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Title: Electronic Document Management System
9 and any associated updates to the server with clear guidance/directions for the City to be able to migrate into production with the assistance of the firms team.
The firm will demonstrate that the installed and configured software meet all functional specifications provided in this document. All user acceptance test plans will be developed jointly by the City and vendor to validate each component of the system being installed and configured along with validating all anticipated functionality is performing as expected.
These user acceptance test plans will be specific and detailed, clearly showing compliance with each requirement contained within this document and the firm’s response as well as shared with the selected firm after the firm’s design documentation is approved.
It is requested that the firm provide a high-level project implementation plan that identifies high level tasks and the required resources that will be performed by the firm. Also outline tasks and resources that will be requested of the City. The project plan should consider the implementation and configuration elements identified above.
5. Conversion/Migration of Existing Content
Conversion/migration of electronic files (e.g., documents, images, photos) from shared drives and existing EDMS into the new system is required. Currently, the City utilizes ApplicationXtender Document Manager, version 16.6.150.0. At the time of this publication, there is a backlog of unscanned and scanned records to be entered into the EDMS.
All existing records shall be migrated. The final appearance, and quality of all records migrated shall remain in original form. Quality, proportion, resolution, color, formatting, proper orientation and angle, and all other data factors should remain consistent with the original files from legacy system.
File Categorization should remain consistent from previous EDMS system, unless otherwise decided during the implementation phase, and should also be easily identifiable and searchable.
System and/or consultant should be able to identify necessary redaction of personal information of existing EDMS documents and records on a go-forward basis upon implementation.
Respondents should provide a narrative as to their approach to document conversion/migration and the specific responsibilities of the City to ensure a successful conversion.
Furthermore, a timeline shall be provided identifying the migration of existing records (internal), versus public facing records (external) with accurate redactions.
Current City Document Inventory
Document Category Number of Items
Administrative 6,027
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10 City Council 27,599
Development Services 137,857
Finance 205
Human Resources 459
Planning Commission 4,904
Public Works 17,566
GIS 16
Traffic & Parking Commission 222 Confidential Dev. Svcs 1 Redevelopment 1,115
Community Svcs Commission 87 GRAND TOTAL 196,058
6. Education and Training
The firm/integrator must provide a training plan with the scope and length of proposed training for users and product/hardware support staff. This training must be sufficient to enable the users to become proficient with the system in a short time period. Any training costs must be clearly described in the cost proposal. Training for the operation of the proposed system shall be included in the response along with any other expenses related to training. It is preferable that the training be performed on-site, but virtual training may be accommodated. The following topics, at a minimum, must be addressed during the training:
System Administration:
o Detailed training for the assigned City system administrators and other software support functions are required. This training should be sufficient enabling the City’s support staff to perform all required daily, weekly, monthly, and ad-hoc support activities. In total, the city anticipates approximately 16 internal users requiring read and write ability and a 2-sided portal. One for all internal staff (currently 76), and the second for members of the public.
o If feasible, software should support single sign on with Microsoft Active Directory. Technology Basics:
o These basics should include what EDMS is, how it functions from a user perspective, the various components used, etc.
User Controls:
o This portion of the training should include detailed information on user access to each application/function, what each application/function is used for, how to use each application/function, which applications/functions to access in what order, etc Security Maintenance Training:
o This level of training should include detail associated with how the security models are planned and configured in addition to procedures that should be followed by the City as updates to the security model are required
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11 Error Handling:
o The error-handling portion of the training should include descriptive information as to the various error messages that can be received by the users during daily operation. This training should be sufficient so the user can resolve what was entered incorrectly, performed improperly, or what process needs to be performed.
7. System Maintenance/Support:
The firm will be required to provide technical support for the installed/configured solution. The City will have primary and backup technical resources responsible for day-to-day system administration and troubleshooting with the users.
These technical support resources will be trained by the firm/integrator on all product solution administrative functions necessary for the City’s project to be successfully supported and maintained after successful deployment into production. It is anticipated that there will be a total of five trained staff members for this aspect of implementation. The product/solution related technical training should enable the City staff to manage ongoing workload, be able to identify issues for firm support resolution, and support end-users using the product/solution.
Please describe in detail your technical support hours and service level agreements. Support hours are expected to be during city regular hours of operation at a minimum. Response times and error tickets should be addressed by end of business day from date of original request (preferably via email). Also include support protocols for any 3rd party firms that are recommended for the proposed solution. The firm/integrator will provide information on the following items:
Software Problem Isolation Identification Procedures
How New Software is Released and Installed
If Third-Party Software is Used, Information describing Third-Party Software Support.
Software as a Service Requirements
Laserfiche Cloud Professional Tier includes: Direct Share, Data Encryption at Rest, Autoscaling, Automated & Encrypted Backups, Intrusion Detection, Automated Feature & Security Updates, Automated Text Extraction, Import Agent with Email Archive, Starter Audit Trail+, Workflow & Forms Process Automation, Connector, Surveys, 1 Workflow Bot, 10 Quick Fields Complete w/Agent.
Integrations with MS Office, SharePoint, Teams, MS Dynamics 365 & Redtail. 50,000 RESTful web API calls/month.
ECS Imaging Contract includes Turnkey implementation, Weblink Public Portal Design Setup, Consulting, Training and Conversion services from ApXtender 196,058 documents as listed in the Current City Document Inventory.5 CPP online Courses included toward Gold Certification for one user or equivalent value. Weblink Public Portal of 10,000 Views/month with the ability to decrease to 1,000 if requested.
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12 Contract includes then hours of ECS Gold Priority Support, with the ability to contract for additional hours of support as needed within the limitations of Exhibit C.
Gold Annual Priority Remote or Onsite Support Contract Includes:
Hardware Return Policy: Unopened boxed hardware may be exchanged for a full cash or credit refund within 7 days - a 15% restocking fee may apply. Defective hardware will be exchanged for a replacement per the terms and conditions specified on the product warranty card. Maximum 4 Hour Response Time - Upgraded from 24 hours with traditional LSAP support○ Live Hours of support are 7:30am - 5:00pm PST M-F
Unlimited Phone and E-mail Support
On-site time is calculated to the nearest half hour and minimum onsite calculation is between 2- 8 hours depending on the location
On-site time can be used for remedial training, installing updates, and consulting, in addition to support ○ ECS may allow planned after hours support in rare circumstances. In these circumstances
Two free admissions to the ECS Annual Customer Conference along with Free Admission to Quarterly User Groups
Monthly E-Newsletter
On-site/remote support hours included as quoted. On-site within next business day as needed.
Additional hours of support purchased at a discounted hourly rate. Customers not under this plan can purchase on-site hours at $250/hour with a 1 hour minimum for remote support, and an 8 hour minimum onsite charge in addition to travel expenses. Software & Maintenance billed 100% at project start.
Services billed 50% up front minimally w/ remaining Services as incurred. Standard Processing fee added to credit card payments First Amendment
PAF Digitization Scope of Services Project Objectives:
This project will digitize the Personnel Action Forms (PAF) for Separation and New/Change processes.
The integration includes automated workflows, digital signatures, and dynamic form functionalities using Laserfiche. Additionally, the project involves Business Analysis Consulting to develop efficient workflows and design the forms and their processes for optimal efficiency.
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13 Detail Scope of the Services:
A. Business Analysis Consulting sessions will create efficient workflows and design the forms and their automated processes in Laserfiche.
o Analyzing current workflows and approval processes.
o Assessing resource allocation to enhance the City's efficiency and productivity.
B. PAF Form Development
o PAF Separation Form:
Development of a digital form containing all necessary fields for separation details. Implementation of approval routing through the Department, HR, Finance, and City Manager, utilizing Laserfiche.
o PAF New/Change Form features will include:
Dynamic fields that adjust based on the selected change type. Auto-population of employee information via database lookup. Dynamic approval routing through the Department, HR, Finance, and City Manager. Management of approvers through team building for each department or a maintenance-free spreadsheet lookup method.
Coverage of 9 change types and 2 optional items, such as full-time, part-time, and salary changes, with relevant fields becoming required based on selections.
C. Workflow Automation
o Design and implementation of automation for notifications, escalations, and tracking of approval statuses in Laserfiche.
o Comprehensive testing and validation, including User Acceptance Testing (UAT) with key stakeholders to ensure all requirements are met.
D. Digital Signatures Integration
o Integration of Laserfiche digital signatures for the approval processes on both the PAF Separation and PAF New/Change Forms.
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14 6. EXHIBIT "C" - COMPENSATION
6.1. EXHIBIT "C" - COMPENSATION
Consultant shall be paid for services in accordance with Section 3.3 of the Agreement and as described above under Exhibit “A” Scope of Services and the not to exceed fee of ONE HUNDRED THIRTY-SEVEN THOUSAND EIGHT HUNDRED TWENTY DOLLARS ($137,820.00) is based on the following rates:
Task/Description Year 1 Cost Year 2 Cost Year 3 Cost
Laserfiche PF Cloud Professional Users (5-
49)
$13,280.00 $13,280.00 $13,280.00
Laserfiche PF Cloud Participant Users (10-
199)
$9,120.00 $9,120.00 $9,120.00
Laserfiche PF Cloud Weblink Public Portal
Option to Reduce at City’s Request
10k views per
month
$4,200
10k views per
month
$4,200
10k views per
month
$4,200
ECS GOLD Priority Support $175.00 per Hour
Option to
purchase
hours as needed
$175.00 per Hour
Option to
purchase
hours as needed
$175.00 per Hour
Option to
purchase
hours as needed
1st Year Discount ($3,750.00) - -
Laserfiche Vault $3,000 $3,000 $3,000
ECS Turnkey Project Identified in
Scope of Work Exhibit A
$18,900.00 - -
Original Compensation $122,700.00
PAF Digitization - - $15,120.00
First Amendment Total Compensation: $137,820.00
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/18/2024
DEPARTMENT: Information Technology
SUBJECT:
FIRST AMENDMENT TO THE AGREEMENT WITH ABTECH TECHNOLOGIES
FOR INFORMATION TECHNOLOGY SUPPORT SERVICES
RECOMMENDED ACTION(S):
1. Approve the First Amendment to the Professional Consultant Services Agreement for Information Technology Support Services with Abtech Technologies.
2. Authorize the Mayor to sign, and the City Clerk to attest, the First Amendment to the Agreement with Abtech Technologies substantially in the form attached.
EXECUTIVE SUMMARY:
On June 15, 2021, the City awarded a Professional Consultant Services Agreement to Abtech Technologies ("Abtech") to provide the City Information Technology (“IT”) Support Services, in the amount of $1,197,546 for a term of three years with two optional one-year extensions (“Agreement”) (Attachment 1).
The current term under the agreement expires July 31, 2024. The proposed First Amendment to the Agreement for IT Support Services with Abtech Technologies Inc. (“First Amendment”) would exercise the first available one-year extension option of the Agreement (Attachment 2). The First Amendment would extend the term to July 31, 2025, and add $441,500 in total compensation under the Agreement for a new total compensation amount of $1,639,046. The Finance department prepared the agreement, and the City Attorney has reviewed and approved the Amendment as to form. Sufficient funds are available in Fiscal Year 2024-25 of the 2023-2025 Operating Budget.
BACKGROUND:
On June 15, 2021, after a competitive procurement process, the City Council awarded an agreement to Abtech Technologies to provide the City Information Technology (“IT”) support services, in the amount of $1,197,546 for a term of three years with two optional one-year extensions (Attachment 1). The agreement is divided into two components: the baseline support services Item: 13
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3 0
7 4
(“Base”), which are billed at a fixed monthly amount of $29,224 for a total of $350,682 per year, and extra work for projects outside the base scope of services (“Extra Work”) up to a maximum of $48,500 per year. Actual expenses for Extra Work may vary based on hours utilized. The actual costs for Extra Work were $14,395 during the first contract year, $34,423 in the second year, and have been $11,192 to date in the third year.
DISCUSSION:
Abtech uses a combination of on-site and remote resources to fulfill their scope of services, which includes user computer support, computer equipment replacement and maintenance, patch management, server administration, security vulnerability remediation, and network monitoring. One full-time engineer is assigned on-site who provides the bulk of the user computer support, and a team of off-site engineers to provide backup support as well as the other required specialized services. The City established quantifiable service level performance measures (“SLAs”) for which Abtech submits monthly reports with supporting data. After overcoming challenges encountered in the onboarding process, Abtech has delivered consistently high success in its SLA measures, as illustrated in Table 1.
Service Level Performance
Representative
Reporting Measure
Monthly
Target Year 1* Year 2 Year 3**
3-Year
Avg
Service Requests
Completed within 3 Days 90% Complete 94% 98% 95% 95%
Network Availability 99.5% Available 100% 100% 100% 100% Server Patches 95% Patched 96% 100% 100% 99%
Computer Patches 95% Updated 88% 95% 99% 94%
End User Satisfaction 95% Satisfied 99% 100% 100% 100%
*11 months of reporting after onboarding **9 months available this contract year.
To summarize, Abtech has met 95% of their performance measures over the lifetime of their contract and met 100% of their performance measures over the previous 12 months. Staff evaluated Abtech according to the City’s standard vendor performance assessment form. Staff has been generally satisfied with Abtech’s timeliness, although with some concerns about adhering to project implementation schedules, and very satisfied with its overall performance, adherence to budget, and customer service.
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Table 2: Vendor Assessment
Staff is requesting a net increase of $42,300 for the First Amendment, adjusting the one-year amount from the original contract of $399,182, to a revised amount of $441,500, as detailed in Table 3. The bulk of the increase, $30,000, is due to a switch of the on-site engineer from a “Level 1” Engineer to a “Level 2” Engineer. at the request of the City. Staff believes a more highly skilled individual on-site will be valuable as the City seeks to fulfill its Strategic Plan goals to deploy more innovative technologies and improve organizational efficiency. For example, staff is working on projects to automate business document workflows that will involve applications such as Energov, Laserfiche, and Docusign, and a Level 2 Engineer will be able to resolve potential problems more quickly and effectively. Abtech complied with the City’s request for a replacement in March 2024 without additional cost at that time. The remainder of the increase is the result of a 3.5% CPI increase, or $12,300, based on the 2023 Los Angeles/Long Beach/Anaheim CPI index.
Table 3: First Amendment Adjustment Detail
Item Original
Contract
First Amendment
Base Contract
CPI Increase 3.5% $ 12,300
Engineer Replacement $ 30,000
Total Adjustment $ 42,300
Total Base $350,682 $393,000
Total Extra Work $ 48,500 $48,500
Total Annual Amount $399,182 $441,500
Finally, hourly contract rates for “Extra Work” have been increased at the Consultant’s request to reflect current local wages in the technology industry, although the Extra Work contract amount is not being increased and thus is not impacting the total contract amount. The net effect will be fewer hours assigned for Extra Work, which Staff determined will be acceptable based on the anticipated workload. Overall contract amounts per year, including the proposed First Amendment for year four, are provided in Table 4.
Category Rating
Performance of Scope of
Services □ Unsatisfied □ Satisfied Very Satisfied □ N/A Timeliness □ Unsatisfied Satisfied □ Very Satisfied □ N/A Budget Performance □ Unsatisfied □ Satisfied Very Satisfied □ N/A Customer Service □ Unsatisfied □ Satisfied Very Satisfied □ N/A Overall Rating □ Unsatisfied □ Satisfied Very Satisfied □ N/A Item: 13
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Table 4: Contract Amount by Year
Item Year 1 Year 2 Year 3 Year 4 Total
Base $350,682 $350,682 $350,682 $393,000 $1,445,046
Extra Work $48,500 $48,500 $48,500 $48,500 $194,000
Total $ 399,182 $ 399,182 $ 399,182 $441,500 $1,639,046 To summarize, based on their contract performance, and vendor evaluation score, staff recommend exercising Abtech’s first one-year extension option. The proposed First Amendment extends the term of the Agreement to July 31, 2025, and increases compensation by $441,500, resulting in a revised contract amount of $1,639,046 (Attachment 2). The proposed First Amendment was prepared by the Finance department and the City Attorney reviewed and approved the amendment as to form.
FISCAL IMPACT:
Sufficient funds are available for the First Amendment in Fiscal Year 2024-25 of the 2023-2025 Operating Budget.
ATTACHMENTS:
1. Agreement with Abtech Technologies for Information Technology support services
2. First Amendment to Agreement
Initiated By: Douglas McBratney, Information Technology Manager Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
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ATTACHMENT 1
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ATTACHMENT 2
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IT SUPPORT AND CONSULTING SERVICES
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
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City of Lake Forest
First Amendment to Professional Services Agreement
IT Support and Consulting Services
I. PARTIES AND DATE. ................................ ................................ ..............
II. RECITALS. ................................ ................................ ..............................
III. TERMS................................. ................................ ................................ ..
IV. SIGNATURES. ................................ ................................ ........................
V. EXHIBIT "C" - COMPENSATION ................................ ..............................
DocuSign Envelope ID: 815BBEEA-2F99-43BA-9AA2-506A26F5AFA7 Item: 13
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Title: IT Support and Consulting Services
3 1. PARTIES AND DATE.
This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California 92630 (“City”) and Abtech Technologies, Inc., a California Corporation (Inc.) , with its principal place of business at 1235 Activity Drive, Unit B, Vista, CA 92081 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.” DocuSign Envelope ID: 815BBEEA-2F99-43BA-9AA2-506A26F5AFA7 Item: 13
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Title: IT Support and Consulting Services
4 2. RECITALS.
2.1. Agreement
The Parties entered into that certain Agreement for Information Technology Support and Consulting Services dated June 18, 2021 (“Agreement”).
2.2. First Amendment
The Parties now desire to amend the Agreement in order to extend the term of the Agreement, increase the total amount of compensation under the Agreement, and update the rates of compensation under the Agreement.
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Title: IT Support and Consulting Services
5 3. TERMS.
3.1. Term.
Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:
The term of this Agreement shall be from July 1, 2021 to July 31, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than one (1) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2. Compensation.
Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE MILLION SIX HUNDRED THIRTY -NINE THOUSAND FORTY-SIX DOLLARS ($1,639,046) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3. Rates of Compensation
Exhibit “C” of the Agreement is hereby amended in its entirety in the form of EXHIBIT "C" - COMPENSATION to this First Amendment, attached hereto and incorporated herein.
3.4. Remaining Provisions of Agreement.
Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
DocuSign Envelope ID: 815BBEEA-2F99-43BA-9AA2-506A26F5AFA7 Item: 13
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Title: IT Support and Consulting Services
6 4. SIGNATURES.
4.1. SIGNATURES.
CITY OF LAKE FOREST Abtech Technologies, Inc.
By: [AUTHORIZED CITY SIGNATURE]
Mark Tettemer
Mayor
By: [VENDOR SIGNATURE 1]
Robert Russell
President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By: [CITY CLERK SIGNATURE]
Lisa Berglund
City Clerk
By: [VENDOR SIGNATURE 2]
Robert Russell
Secretary (Corporation or LLC)
APPROVED AS TO FORM:
By: [CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
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Title: IT Support and Consulting Services
7 5. EXHIBIT "C" - COMPENSATION
5.1. EXHIBIT "C" - COMPENSATION
Consultant shall be paid for services in accordance with Section 3.3 of the Agreement and as described above under Exhibit “A” Scope of Services and the not to exceed fee of ONE MILLION SIX HUNDRED THIRTY-NINE THOUSAND FORTY-SIX DOLLARS ($1,639,046) according to the following schedule:
A. Base Fee: Consultant shall be paid a monthly fee of $32,750 for maintenance services defined in the Scope of Work as shown in Table 1:
Table 1
Year 1 Year 2 Year 3 Year 4
(1st Amendment)
Contract Total
Annual Cost
$ 350,682
$ 350,682
$ 350,682
$ 393,000
$ 1,445,046
B. Projects: Consultant shall be paid monthly for projects performed at the request of the City. All project work must be approved in advance. Consultant hourly rates are established in Table 2:
Table 2
Resource Hourly Rate Hourly Rate
(1st Amendment) Annual Total Contract Total
Level 1 Engineer $ 105 $120 $48,500 $194,000
Level 2 Engineer $ 125 $140
Level 3 Engineer $ 165 $185
Project Manager $ 90 $100
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Long Beach-Anaheim
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/18/2024
DEPARTMENT: Information Technology
SUBJECT:
FIFTH AMENDMENT TO THE AGREEMENT WITH ABTECH TECHNOLOGIES
FOR CLOUD HOSTED DISASTER RECOVERY SERVICES
RECOMMENDED ACTION(S):
1. Approve the Fifth Amendment to the Agreement for Cloud Hosted Disaster Recovery Services with Abtech Technologies, Inc.
2. Authorize the Mayor to Sign and the City Clerk to attest the Fifth Amendment to the Agreement with Abtech Technologies, Inc., substantially in the form attached.
EXECUTIVE SUMMARY:
The City Council awarded Abtech Technologies an Agreement to provide online data backup and disaster recovery services on August 22, 2018 (“Agreement”).
The Agreement has been amended four times to expand the scope or to extend the term, which currently ends on July 31, 2024 (Attachments 2-4). Staff seeks to extend the term of the Agreement again, in order to remain co-termed with the Information Technology Support Services contract, also with Abtech Technologies, and retain current operational efficiencies. Proposed costs for monthly services are being reduced 3.6% from the previous term. Staff recommends the City Council approve the proposed Fifth Amendment to the Agreement with Abtech Technologies, Inc. (“Fifth Amendment”) which would extend the term of the Agreement to July 31, 2025, and increase total compensation under the Agreement by $37,680 for a new total of $279,210 (Attachment 6). The City Attorney has reviewed and approved the Fifth Amendment as to form.
BACKGROUND:
The City issued a competitive Request for Proposals (RFP) on April 5, 2018, to replace the City’s information data backup system, migrating from a tape backup system to a hybrid approach with both an on-site storage appliance and remote hosted backup service. On September 4, 2018, the City Council awarded a contract to Abtech Technologies (“Abtech”) in the amount of $92,837 for a term Item: 14
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of three years, ending September 30, 2021 (Attachment 1). The Agreement used the provider’s template, and therefore did not incorporate any optional term extensions. Table 1 includes a breakdown of compensation for previous amendments (Attachments 2-5).
Table 1: Compensation Amount for Previous Amendments
Purpose Additional
Compensation
Total
Compensation
Original
Agreement
9/4/2018
$92,837
First Amendment
6/16/2020
Added additional hosted
data storage $47,760 $140,594
Second
Amendment
5/10/2021
Updated the covered
equipment list to reflect
removals and additions
to the City’s server
inventory
- $140,594
Third
Amendment
9/30/21
Term extension only
- $140,594
Fourth
Amendment
11/2/21
Term extension and
added compensation $100,936 $241,530
DISCUSSION:
The replacement backup system implemented by Abtech in 2018 has been functioning efficiently to provide both an on-site immediate recovery capability from a storage appliance, and an off-site disaster recovery potential using its “StorTrust” private cloud internet storage. This system meets best practices recommended by government and industry organizations such as NIST (National Institute of Standards and Technology). The IT Support services provided by Abtech through a different contract are not materially tied to the backup and recovery services. However, the City does gain efficiency by utilizing the same vendor for both services, such as faster response times and use of a single ticketing system, which is why staff has requested Council to extend the Agreement for an unusual seventh year.
Staff evaluated Abtech’s contract performance using the City’s standard vendor assessment form (Table 1). Staff are very satisfied with Abtech’s performance on all measures. The backup system has functioned reliably, and annual tests are Item: 14
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successful in replicating the City’s server environment for emergency remote access.
Table 1: Vendor Assessment
Category Rating
Performance of Scope of
Services □ Unsatisfied □ Satisfied Very Satisfied □ N/A Timeliness □ Unsatisfied □ Satisfied Very Satisfied □ N/A Budget Performance □ Unsatisfied □ Satisfied Very Satisfied □ N/A Customer Service □ Unsatisfied □ Satisfied Very Satisfied □ N/A Overall Rating □ Unsatisfied □ Satisfied Very Satisfied □ N/A The Fifth Amendment extends the term to July 31, 2025, and provides a 3.6% reduction in monthly cost, adding $37,680 for a new contract amount of $279,210 (Attachment 6). Similar to the initial agreement and subsequent amendments, the Fifth Amendment utilizes the Consultant’s amendment template. The City Attorney has reviewed and approved the Fifth Amendment as to form.
FISCAL IMPACT:
The 2023-2025 Operating Budget includes sufficient funds for the recommended actions.
ATTACHMENTS:
1. Agreement with Abtech Technologies, Inc. for Cloud Hosted Disaster Recovery Services
2. First Amendment to Agreement with Abtech
3. Second Amendment to Agreement with Abtech
4. Third Amendment to Agreement with Abtech
5. Fourth Amendment to Agreement with Abtech
6. Fifth Amendment to Agreement with Abtech
Initiated By: Douglas McBratney, Information Technology Manager Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
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ATTACHMENT 1
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ATTACHMENT 2
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ATTACHMENT 3
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DocuSign Envelope ID: 479C1883-5624-4656-8D48-160A71B2B72C 5/18/2021
Dana Collins
President
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ATTACHMENT 4
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ATTACHMENT 5
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DmSign Envelope ID: 998WK- B141424D9FFMA9772288785
AMENDMENT D: AMENDMENT TO CONTRACT STOSS
FOURTH AMENDMENT")
Date: October 25, 2021 Client: City of Lake Forest
Contract #: ST055 Contact: Douglas McBratnev
Amendment #: D Phone: 949- 461- 3400
Email: dmcbratnev@lakeforestca. aov
r- • r• t• 1riL TiL'lA- r
The subject contracts are hereby amended to Incorporate this Addendum D ("Fourth Amendment") to contract ST055: Abtech StorTrustManaged Disaster RecoveryAgreement, as itemized below. All other terms and conditions of STO55 remain In force.
I. Tenn Extension
1. The oonttact tern shall be extended to terminate on July 31, 2024, unless earlier terminated as provided in the Master Customer Service Agreement.
II. Covered Systerns and Storage ..
1. The cloud storage allocation Is Increased from 14 to 20 Terabytes ( TB).
2. Thesupported Operating Systemsare updated to Windows Server 2012 R2 or later, and Red Hat Unux 6. 3 or later.
3. The number of Virtual Machines and virtual CPUs is Increased from 25 to 50.
III. Disaster Recovery Test
1. Disaster RecoveryTest, to be conducted annually at a mutually agreeable time, Is included.
Iv. cost
1. The cost of services will be $3,256 per month.
PageI oft StorlrmMAmendment a 170119. 1
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Dow5I9n Enw1ope ID: 99885F8C-8141424D- 9FF7-0Aon2288785 Agreed to:
Alotech Technologies, Inc.
ceswa7 Bmm
tia a CeMl
BY: twu: ip- in9pDonaDana
Collins President
10/
25/ 2021Agreed
to ( Client): City
of lakeForestName:
SCO --I- V01qTitle•
MAgyrDate'
I 113INz' i ATTEST`
Lisa
Berglund, MPA City
ClerkOf
theCityof LakeForestDATED:
11 • S' oZI Page
2 of SlorTnw Ammdmem v281701 M1
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ATTACHMENT 6
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