AGENDA
LAKE FOREST CITY COUNCIL
Regular Meeting of the City Council
Tuesday, October 15, 2024
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 [email protected]
October 15, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 1 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:
6:30 p.m.
Doug Cirbo
Robert Pequeño
Benjamin Yu
Scott Voigts
Mark Tettemer
Debra Rose
Matthew E. Richardson
Lisa Berglund
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 a representative from the Church of Jesus Christ of Latter-day Saints.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country to be led by Boy Scout Troop #628.
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 inperson at the meeting will be asked to submit a request to speak to the City Clerk.
October 15, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 2 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.
1. 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.
2. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON OCTOBER 1, 2024
RECOMMENDED ACTION: Approve as submitted.
3. CERTIFICATION OF WARRANT REGISTER
RECOMMENDED ACTION: Approve the warrant register in the amount of $4,910,513.10.
4. CITY BRANDING SERVICES AGREEMENT
RECOMMENDED ACTION: 1. Approve Professional Consultant Services Agreement for City Branding Services to JPW Communications, Inc. 2.
Authorize the Mayor to sign and the City Clerk to attest to the Agreement, substantially in the form attached. 3. 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 2024-25.
5. AWARD OF CONTRACT FOR MULTI-FUNCTION DEVICE PURCHASE &
MANAGED PRINT SERVICES
RECOMMENDED ACTION: 1. Adopt Resolution entitled: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2023-2025 OPERATING BUDGET AND
October 15, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 3 CONSENT CALENDAR (Item Nos. 1 – 5)
APPROPRIATIONS FOR FY 2024-25. 2. Award a contract in the amount of $100,819.02 to MRC Smart Technology Solutions, Inc. for the Purchase of Multi-Function Devices & Managed Print Services. 3. Authorize the Mayor to sign and the City Clerk to attest to the agreement with MRC Smart Technology Solutions, Inc. substantially in the form attached.
PUBLIC HEARING(S) (Item No. 6)
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.
6. GREAT SCOTT TREE CARE ENTITLEMENTS
RECOMMENDED ACTION: 1. Adopt a resolution entitled: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA
ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING A
MITIGATION MONITORING AND REPORTING PROGRAM FOR A
GENERAL PLAN AMENDMENT 03-18-5145, A DEVELOPMENT
AGREEMENT, ZONE CHANGE 03-18-5144, TENTATIVE PARCEL MAP 2023-169, AND USE PERMIT 03-18-5146 FOR THE CONSOLIDATION OF THREE PARCELS (APN: 610-301-20, 601-301-21 AND 610-301-07) INTO TWO PARCELS AND THE CONSTRUCTION OF A CONTRACTOR’S
STORAGE YARD AT 20751 LINEAR LANE ON PARCEL 1 OF TENTATIVE PARCEL MAP 2023-169 (APN: 610-301-20, 601-301-21 AND A PORTION OF APN 610-301-07), AND RETENTION OF PARCEL 2 OF TENTATIVE PARCEL MAP 2023-169 (THE REMAINDER OF APN 610-301-07) AS
UNDEVELOPED AND CONTAINING SERRANO CREEK AND THE
SERRANO CREEK REGIONAL HIKING AND RIDING TRAIL
2. Adopt a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAKE FOREST, CALIFORNIA APPROVING GENERAL
PLAN AMENDMENT 03-18-5145 AMENDING THE GENERAL PLAN LAND
USE ELEMENT TO CHANGE THE LAND USE DESIGNATION OF
ASSESSOR’S PARCEL NUMBERS (“APN”) 610-301-20, 610-301-21 AND A PORTION OF APN 610-301-07, LOCATED AT 20751 LINEAR LANE FROM REGIONAL PARK/OPEN SPACE TO URBAN INDUSTRIAL 25 (“UI 25”)
3. Adopt an ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF LAKE FOREST, CALIFORNIA, APPROVING A
October 15, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 4
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE FOREST
AND GRIFFITHS RANCH LLC FOR CERTAIN REAL PROPERTY
LOCATED WITHIN THE CITY OF LAKE FOREST PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 65864 ET SEQ.
4. Introduce for the first reading an ordinance entitled: AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA APPROVING ZONE CHANGE 03-18-5144, CHANGING THE ZONING OF THE PROPERTY LOCATED AT 20751 LINEAR LANE; SPECIFICALLY A PORTION OF APN 610-301-07 (PARCEL 2 OF TENTATIVE PARCEL MAP 2023-169) FROM LIGHT INDUSTRIAL/ PLANNED DEVELOPMENT TO
OPEN SPACE CONSERVATION, AND THE REMAINING PORTION OF
APN 610-301-07 FROM LIGHT INDUSTRIAL/PLANNED DEVELOPMENT TO URBAN INDUSTRIAL 25, AND APNs 610-301-20 AND 21 FROM AGRICULTURE (“A 1”) TO URBAN INDUSTRIAL 25 (“UI 25”)
5. Adopt a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAKE FOREST, CALIFORNIA APPROVING TENTATIVE PARCEL MAP 2023-169, A REQUEST TO CONSOLIDATE THREE
PARCELS INCLUDING ASSESSOR’S PARCEL NUMBERS 610-301-20, 610-301-21, and 610-301-07 LOCATED AT 20751 LINEAR LANE INTO TWO PARCELS REFERRED TO AS PARCELS 1 AND 2 OF TENTATIVE PARCEL MAP 2023-169
6. Adopt a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAKE FOREST, CALIFORNIA, APPROVING USE PERMIT 03-18-5146 TO ALLOW DEVELOPMENT OF A CONTRACTOR’S
STORAGE YARD ON PARCEL 1 OF TENTATIVE PARCEL MAP 2023-169 LOCATED AT 20751 LINEAR LANE (APNs 610-301-20, 610-201-21 and a portion of 610-301-07)
DISCUSSION/ACTION ITEMS (Item Nos. 7 – 8)
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.
7. REVIEW THE COMPREHENSIVE ANNUAL INVESTMENT REPORT AND
APPROVE THE PROPOSED STATEMENT OF INVESTMENT POLICY
RECOMMENDED ACTION: 1. Receive and File the attached Annual Comprehensive Investment Report. 2. Approve the attached Annual Update October 15, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 5 of the Statement of Investment Policy.
8. LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE AND ALTERNATE RECOMMENDED ACTION: 1. Appoint Mayor Tettemer as the Voting Delegate for the 2024 Annual Conference of the League of California Cities, to be held October 16-18, 2024, in Long Beach, CA. 2. Select Mayor Pro Tem Voigts as the Alternate Delegate.
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:
October 15, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 6
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 October 10, 2024.
Lisa Berglund
City Clerk
October 15, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 7
CITY COUNCIL AGENDA REPORT
MEETING DATE: 10/15/2024
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 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, October 1, 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 Mayor Tettemer absent.
ROLL CALL: Council Members: Doug Cirbo
Robert Pequeño
Benjamin Yu
Mayor Pro Tem: Scott Voigts
Mayor: Mark Tettemer (absent)
City Manager: Debra Rose
City Attorney: Matthew E. Richardson
City Clerk: Lisa Berglund
INVOCATION: The Invocation was provided by Rabbi Zalman Marcus, Chabad of Mission Viejo.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Cub Scout Pack #703.
REPORT FROM STUDENT LIAISON: Maya Lowrey, Student Liaison from El Toro High School, provided a report.
PRESENTATIONS: (Item Nos. 1 – 2)
MOTION: It was moved by Council Member Yu, seconded by Council Member Cirbo, to approve Presentation Item Nos. 1 – 2. The motion was carried by a vote of 4-0, with Mayor Tettemer absent.
1. NEW EMPLOYEE INTRODUCTIONS
City Manager Rose introduced this item and invited Deputy City Manager McGovern to provide a presentation. No public comment was offered.
ACTION: The presentation was received and filed.
2. SPOOKTACULAR AND SPORTS PARK 10 YEAR ANNIVERSARY
City Manager Rose introduced this item and invited Recreation Manager Hunter to provide a presentation. No public comment was offered.
October 1, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 2 of 3 ACTION: A presentation introducing the City's upcoming Spooktacular Event to be held on October 26, 2024 was received and filed.
PUBLIC COMMENTS:
There were no public comments.
CONSENT CALENDAR: (Item Nos. 3 – 7)
MOTION: It was moved by Council Member Yu, seconded by Council Member Cirbo, to approve Consent Calendar Item Nos. 3 – 7. The motion was carried by a vote of 4-0, with Mayor Tettemer absent.
1. 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 was waived.
2. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON SEPTEMBER 17, 2024
ACTION: The minutes were approved as submitted.
3. NOTICE OF COMPLETION FOR THE RIDGE ROUTE MEDIAN
IMPROVEMENT PROJECT
ACTION: 1. Cheloletty Engineering, Inc. was found to have completed construction of the Ridge Route Median Improvement Project (PW 24S07). 2.
The Notice of Completion was approved and the Mayor was authorized to execute the document on behalf of the City. 3. The City Clerk was authorized to submit Notice of Completion for recordation to the Office of the County Recorder of Orange County within fifteen days of City Council approval, as required by Section 9204 of the California Civil Code. 4. Staff was authorized to release any unencumbered retention in accordance with California law.
4. SECOND AMENDMENT TO AGREEMENT WITH Z&K CONSULTANTS, INC.
FOR CONSTRUCTION ADMINISTRATION AND CONSTRUCTION
INSPECTION SERVICES FOR STREETS
ACTION: 1. The Second Amendment to the Professional Consultant Services Agreement with Z&K Consultants, Inc. for Construction Administration and Construction Inspection (“CA/CI”) Services for Streets was approved. 2. The Mayor was authorized to sign, and the City Clerk to attest, the Second Amendment in the form attached.
October 1, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 3 of 3
5. 2025 CITY MEETING CALENDAR
ACTION: The 2025 City Meeting Calendar was adopted.
DISCUSSION/ACTION ITEMS: (Item No. 8)
6. STRATEGIC PLAN QUARTERLY UPDATE
City Manager Rose introduced this item and Assistant to the City Manager Ruelas provided a presentation. No public comment was offered. Council questions were asked and answered.
ACTION: The presentation was received and filed.
CITY MANAGER'S REPORT: City Manager Rose had nothing further to report.
CITY COUNCIL COMMENTS:
Council Member Cirbo: Council Member Cirbo had nothing further to report.
Council Member Pequeño: Council Member Pequeño thanked staff for all their hard work. He reported on his attendance at the
Touch of Love works event.
Council Member Yu: Council Member Yu reminded everyone to place signs for the upcoming election in legally designated areas.
Mayor Pro Tem Voigts: Mayor Pro Tem Voigts reminded everyone of the Falloween event at Heritage Hill, and the Spooktacular
event on October 26.
ADJOURNMENT: The Regular Meeting of the City Council was adjourned at 7:02 p.m.
Respectfully submitted: APPROVED:
LISA BERGLUND SCOTT VOIGTS
CITY CLERK MAYOR PRO TEM
CITY COUNCIL AGENDA REPORT
MEETING DATE: 10/15/2024
DEPARTMENT: Finance
SUBJECT:
CERTIFICATION OF WARRANT REGISTER
RECOMMENDED ACTION(S):
Approve the warrant register in the amount of $4,910,513.10.
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 $4,910,513.10.
ATTACHMENTS:
Warrant Register
Submitted By: Kevin Shirah, Director of Finance/City Treasurer Approved By: Debra Rose, City Manager
Attachment
10/8/2024 11:32:08 AM Page 1 of 15
Check Report
City of Lake Forest By Check Number
Date Range: 09/01/2024 - 09/30/2024
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Bank Code: OP-Operating
Payment Type: Manual
THB000000 EMPLOYEE PAYROLL CHECK 09/06/2024 Manual 0.00 661.50 11193 11193 Invoice 09/06/2024 LIVE ADP CHECK 11193 PPE 08/30/2024 0.00 661.50 THB000000 EMPLOYEE PAYROLL CHECK 09/20/2024 Manual 0.00 54.48 11194 11194 Invoice 09/20/2024 LIVE ADP CHECK 11194 PPE 09/13/2024 0.00 54.48 THB000000 EMPLOYEE PAYROLL CHECK 09/20/2024 Manual 0.00 1,319.26 11195 11195 Invoice 09/20/2024 LIVE ADP CHECK 11195 PPE 09/13/2024 0.00 1,319.26 THB000000 EMPLOYEE PAYROLL CHECK 09/20/2024 Manual 0.00 617.12 11196 11196 Invoice 09/20/2024 LIVE ADP CHECK 11196 PPE 09/13/2024 0.00 617.12 Total Manual: 0.00 2,652.36
Check Report Date Range: 09/01/2024 - 09/30/2024
10/8/2024 11:32:08 AM Page 2 of 15
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Payment Type: Regular
10257 MUNICIPAL MANAGEMENT ASSOCIATION OF SOUTHERN CALIFORNIA 09/19/2024 Regular 0.00 -125.00 804324 10001 ABTECH TECHNOLOGIES INC 09/05/2024 Regular 0.00 6,877.48 804396 2407076-IN Invoice 09/05/2024 LAPTOPS FOR IT MANAGER, SR AV TECHNI… 0.00 5,397.48 2408014-IN Invoice 09/05/2024 VM WARE MIGRATION TO NEW ENVIRO… 0.00 1,480.00 10009 AGE WELL SENIOR SERVICES 09/05/2024 Regular 0.00 5,494.14 804397 0724 Invoice 09/05/2024 SENIOR TRANSPORTATION JULY 2024 0.00 5,494.14 10752 ALFREDO NEGRETE 09/05/2024 Regular 0.00 360.00 804398 6291 Invoice 09/05/2024 PACIFIC SYMPHONY 8/16-8/17 0.00 360.00 10023 AMAZING TENTS & EVENTS 09/05/2024 Regular 0.00 2,386.00 804399 8502 Invoice 09/05/2024 PACIFIC SYMPHONY RENTALS 8/17 0.00 2,386.00 10038 ARCADIAN BANK 09/05/2024 Regular 0.00 130.00 804400 424 Invoice 09/05/2024 REHAB LOAN FEES - PHILLIPS 0.00 130.00 10039 ARDURRA GROUP INC 09/05/2024 Regular 0.00 89,664.00 804401 153034 Invoice 09/05/2024 PROFESSIONAL SERVICES JULY 2024 0.00 89,664.00 11265 ASHLEY GARCIA 09/05/2024 Regular 0.00 750.00 804402 2003137.021 Invoice 09/05/2024 REFUND PERMIT 8196 0.00 750.00 10042 ASSURED TELEMATICS INC 09/05/2024 Regular 0.00 291.00 804403 129744 Invoice 09/05/2024 FLEETS GPS UNITS JUN 0.00 291.00 11266 BALDWIN & SONS 09/05/2024 Regular 0.00 1,408.67 804404 TR 17300 Invoice 09/05/2024 REFUND DEVELOPER DEPOSIT (PORTOLA … 0.00 1,408.67 10052 BEAR ELECTRICAL SOLUTIONS LLC 09/05/2024 Regular 0.00 35,030.50 804405 23709 Invoice 09/05/2024 2023-031 TRAFFIC SIGNAL MAINT SVCS-U… 0.00 4,880.00 23710 Invoice 09/05/2024 2023-031 TRAFFIC SIGNAL MAINT ROUTIN… 0.00 7,713.50 23809 Invoice 09/05/2024 2023-031 TRAFFIC SIGNAL MAINT RESPON… 0.00 22,437.00 11267 CALLISONRTKL INC 09/05/2024 Regular 0.00 2,137.00 804406 UP 03-24-5688 Invoice 09/05/2024 REFUND DEPOSIT BALANCE (RIVIAN SALES… 0.00 2,137.00 11263 CASPIAN PARTY RENTAL 09/05/2024 Regular 0.00 2,100.00 804407 RESB-01-24-62753 Invoice 09/05/2024 REFUND C&D DEPOSIT 0.00 2,100.00 10109 COUNTY OF ORANGE TREASURER TAX 09/05/2024 Regular 0.00 1,780,039.42 804408 SH 69373 Invoice 09/05/2024 LAW ENFORCEMENT SEPT 2024 0.00 1,780,039.42 10113 CROWN FACILITY SOLUTIONS 09/05/2024 Regular 0.00 1,228.08 804409 3310 Invoice 09/05/2024 JANITORIAL SERVICE PERMIT 8196 COMM… 0.00 859.59 3311 Invoice 09/05/2024 JANITORIAL SERVICE PERMIT 6941 COMM… 0.00 368.49 11167 CYRUS MANAGEMENT INC 09/05/2024 Regular 0.00 1,610.03 804410 24279 Invoice 09/05/2024 BAND, VIP DINNER FOR MCAS EVENT 7/10 0.00 1,610.03 10119 DE NOVO PLANNING GROUP 09/05/2024 Regular 0.00 2,978.00 804411 4371 Invoice 09/05/2024 GREAT SCOTT LANDSCAPE FACILITY (CEQA… 0.00 2,978.00 10122 DEPARTMENT OF JUSTICE 09/05/2024 Regular 0.00 222.00 804412 733196 APR Invoice 09/05/2024 LIVE SCAN FINGERPRINTING APR 0.00 222.00 10194 INTERWEST CONSULTING 09/05/2024 Regular 0.00 67,916.11 804413 512797 Invoice 09/05/2024 BUILDING AND SAFTEY SERVICES JUL 0.00 64,345.19 537102 Invoice 09/05/2024 OT BLDG & SAFETY SERVICES JUL (Y HOUS… 0.00 1,490.48 586910 Invoice 09/05/2024 BLDG & SFTY SRVCS JUL (ELKINS, HOUGH, … 0.00 1,179.96 647456 Invoice 09/05/2024 BUILDING & SAFETY SERICES JUL 2024 (Y … 0.00 900.48 11262 KINDERCARE EDUCATION LLC 09/05/2024 Regular 0.00 10,000.00 804414 COMB-12-22-584…Invoice 09/05/2024 REFUND C&D DEPOSIT 0.00 10,000.00 Check Report Date Range: 09/01/2024 - 09/30/2024
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 10495 KONICA MINOLTA 09/05/2024 Regular 0.00 224.93 804415 45369914 Invoice 09/05/2024 LEASE FOR COMMUNITY CTR COPIER (C30… 0.00 224.93 10223 KONICA MINOLTA BUSINESS 09/05/2024 Regular 0.00 538.95 804416 295174931 Invoice 09/05/2024 MAINTENANCE COMMUNITY CENTER COP… 0.00 34.67 9010069145 Invoice 09/05/2024 MAINTENANCE FOR 24 HP PRINTERS 7/15 -… 0.00 504.28 10655 KOSMONT & ASSOCIATES INC 09/05/2024 Regular 0.00 616.60 804417 2405.12-002 A Invoice 09/05/2024 RETAIL MARKET ANALYSIS - REMAINING B… 0.00 616.60 10236 LSA ASSOCIATES INC 09/05/2024 Regular 0.00 50,756.50 804418 195198 Invoice 09/05/2024 IPT ENTERPRISE EIR THROUGH JULY 2024 0.00 50,394.00 195199 Invoice 09/05/2024 WESTERN REALCO EIR THROUGH JUL 2024 0.00 362.50 11261 MESA ENERGY SYSTEMS INC 09/05/2024 Regular 0.00 2,690.40 804419 COMB-06-24-641…Invoice 09/05/2024 REFUND C&D DEPOSIT 0.00 2,690.40 10257 MUNICIPAL MANAGEMENT ASSOCIATION OF SOUTHERN CALIFORNIA 09/05/2024 Regular 0.00 250.00 804420 08/20/2024 Invoice 09/05/2024 MEMBERSHIP RENEWAL FY 24/25 C GROV… 0.00 125.00 08/23/2024 Invoice 09/05/2024 MEMBERSHIP RENEWAL FY24/25 J MEZA 0.00 125.00 10329 SO CAL INDUSTRIES 09/05/2024 Regular 0.00 808.13 804421 705709 Invoice 09/05/2024 PACIFIC SYMPHONY PORTALET/HANDWA… 0.00 808.13 10337 SOUTHERN CALIFORNIA NEWS GROUP 09/05/2024 Regular 0.00 2,951.70 804422 0000596354 Invoice 09/05/2024 PUBLIC NOTICES, GREAT SCOTT PUBLISH J… 0.00 2,951.70 10340 SPECTRUM SPECIALTIES 09/05/2024 Regular 0.00 2,551.63 804423 37902 Invoice 09/05/2024 CAR SHOW SHIRTS 08/24 0.00 2,551.63 10505 STUDIO TWO BLACK DIAMOND PRINTING & GRAPHICS 09/05/2024 Regular 0.00 1,628.56 804424 101660 Invoice 09/05/2024 ENVELOPES 0.00 1,217.62
101661 Invoice 09/05/2024 WINDOW ENVELOPES 0.00 410.94
10902 TESLA 09/05/2024 Regular 0.00 331.72 804425
RESB-07-24-64481 Invoice 09/05/2024 REFUND CANCELED PERMIT 0.00 331.72 10641 THE LOFTCRAFTERS INC 09/05/2024 Regular 0.00 2,220.00 804426 RESB-06-24-64310 Invoice 09/05/2024 REFUND C&D DEPOSIT 0.00 2,220.00 10595 TRANSTECH ENGINEERS, INC 09/05/2024 Regular 0.00 600.00 804427 20244459 Invoice 09/05/2024 SENIOR CENTER PATIO COVER CACI JULY 2… 0.00 600.00 11264 VANESSA TRICE 09/05/2024 Regular 0.00 200.00 804428 2003136.021 Invoice 09/05/2024 REFUND PERMIT 7559 0.00 200.00 11259 WHOS NEXT LLC 09/05/2024 Regular 0.00 6,000.00 804429 100 Invoice 09/05/2024 CONCERT BAND 8/24 0.00 6,000.00
10491 WILLDAN FINANCIAL SERVICES 09/05/2024 Regular 0.00 3,318.00 804430 00714225 Invoice 09/05/2024 CDBG CONSULTING JULY 2024 0.00 3,318.00 11258 WILSON D RIVERA 09/05/2024 Regular 0.00 163.86 804431 0081 Invoice 09/05/2024 TIME CLOCK SERVICE & REPAIRS, RIBBON … 0.00 163.86 THB004892 NICOLE HOUSTON 09/09/2024 Regular 0.00 815.43 804432 09/15/2024 Invoice 09/09/2024 COBRA PREMIUM - OCTOBER 2024 0.00 815.43 11232 ABBA TERMITE & PEST CONTROL INC 09/12/2024 Regular 0.00 235.00 804433 17566F Invoice 09/12/2024 2024-061 BEE SWARM REMOVAL AUG TR… 0.00 235.00 10001 ABTECH TECHNOLOGIES INC 09/12/2024 Regular 0.00 51,144.97 804434 2407081-IN Invoice 09/12/2024 EXTREME NETWORK SWITCHES RENEWAL… 0.00 17,322.47 312010S-IN Invoice 09/12/2024 MFA PHASE ONE - EXTRA WORK 0.00 1,072.50 W205321-IN Invoice 09/12/2024 COMPUTER SUPPORT SERVICES - BASE - S… 0.00 32,750.00 Check Report Date Range: 09/01/2024 - 09/30/2024
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 10006 ADT SECURITY SERVICES 09/12/2024 Regular 0.00 1,356.09 804435 1077405525 Invoice 09/12/2024 SECURITY QUARTERLY SERVICE SPORTS PA… 0.00 258.66 1083855477 Invoice 09/12/2024 SECURITY QUARTERLY SERVICE SPORTS PA… 0.00 1,097.43 11268 AIMEE DIAZ 09/12/2024 Regular 0.00 43.53 804436
08/30/2024 Invoice 09/12/2024 MILEAGE REIMBURSEMENT 0.00 43.53 10037 AQUABIO ENVIRONMENTAL 09/12/2024 Regular 0.00 3,095.00 804437 101969 Invoice 09/12/2024 2023-082 LAKE MAINTENANCE AUG VETE… 0.00 3,095.00 10873 ARAKELIAN ENTERPRISES INC 09/12/2024 Regular 0.00 59,064.85 804438 17688622 Invoice 09/12/2024 STREET/PARKING LOT SWEEPING AUG 2024 0.00 59,064.85 10043 AT&T 09/12/2024 Regular 0.00 1,287.10 804439
3649292905 Invoice 09/12/2024 PRIMARY INTERNET JUL 2024 CIVIC CENTER 0.00 1,287.10 10044 AT&T CALNET3 09/12/2024 Regular 0.00 423.31 804440 000022152317 Invoice 09/12/2024 EMERGENCY CIRCUITS AUG 2024 CIVIC CE… 0.00 423.31 10062 BRIGHTVIEW LANDSCAPE SERVICES 09/12/2024 Regular 0.00 282,333.84 804441 8978137 Invoice 09/12/2024 2023-083 LFSP MONTHLY MAINTENANCE … 0.00 58,208.29 8978138 Invoice 09/12/2024 SPORTS PARK MONTHLY MAINTENANCE J… 0.00 81,146.13 8978146 Invoice 09/12/2024 CIVIC CENTER MONTHLY LANDSCAPE MAI… 0.00 3,625.00 9018335 Invoice 09/12/2024 2023-083 LFSP MONTHLY MAINTENANCE … 0.00 58,208.29 9018336 Invoice 09/12/2024 SPORTS PARK MONTHLY MAINTENANCE … 0.00 81,146.13 10074 CALIFORNIA STATE DISBURSEMENT 09/12/2024 Regular 0.00 147.70 804442 08/30/2024 Invoice 09/12/2024 REMIT ID 200000002413681 SDU/TRIBAL … 0.00 147.70 10079 CALPERS LONG TERM CARE PROGRAM 09/12/2024 Regular 0.00 238.85 804443 15427975 Invoice 09/12/2024 EE CONT PPE 09/13/2024 0.00 238.85 10084 CARAHSOFT TECHNOLOGY CORP 09/12/2024 Regular 0.00 5,400.00 804444 40786499INV Invoice 09/12/2024 LINKED IN LEARNING - TRAINING / PROFES… 0.00 5,400.00 10091 CHARLES ABBOTT ASSOCIATES INC 09/12/2024 Regular 0.00 118,001.83 804445 67818 Invoice 09/12/2024 STREET MAINT/TACO VENDOR CONFISCAT… 0.00 118,001.83 10095 CITY OF LAKE FOREST SUNSHINE CLUB 09/12/2024 Regular 0.00 159.00 804446 08/30/2024 Invoice 09/12/2024 EE CONT 08/30/2024 0.00 159.00 10110 COX COMMUNICATIONS 09/12/2024 Regular 0.00 4,675.84 804447 3601 09/01/2024 Invoice 09/12/2024 TELECOM SERVICES SEP 2024 0.00 4,613.04 6701 08/27/2024 Invoice 09/12/2024 CABLE TV SERVICE AUG CITY CLERK 0.00 62.80 10113 CROWN FACILITY SOLUTIONS 09/12/2024 Regular 0.00 8,489.57 804448 10769 Invoice 09/12/2024 JANITORIAL SERVICES SEP 2024 0.00 5,485.00 3312 Invoice 09/12/2024 JANITORIAL SERVICE PERMIT 8087 COMM… 0.00 729.59 3313 Invoice 09/12/2024 JANITORIAL SERVICE PERMIT 7128 COMM… 0.00 926.89 3314 Invoice 09/12/2024 JANITORIAL SERVICE PERMIT 8448 COMM… 0.00 654.49 3315 Invoice 09/12/2024 JANITORIAL SERVICE PERMIT 8280 PAC 08… 0.00 413.60 3316 Invoice 09/12/2024 JANITORIAL SERVICES TOURNAMENT 08/3… 0.00 280.00 10804 DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS INC09/12/2024 Regular 0.00 9,940.00 804449 422863 Invoice 09/12/2024 2024-043 BARKER RANCH TURF REPLACE… 0.00 9,940.00 10514 DJE SOUND & LIGHTING INC 09/12/2024 Regular 0.00 9,000.00 804450 INV-00816 Invoice 09/12/2024 STAGE, SOUND & LIGHTING FOR CONCERT… 0.00 9,000.00 10143 ERIC WINTER 09/12/2024 Regular 0.00 1,849.53 804451 6058 Invoice 09/12/2024 AV SERVICES FOR CITY COUNCIL 6/4, 6/8 &… 0.00 1,441.53 6059 Invoice 09/12/2024 AV SERVICES FOR CITY COUNCIL 8/20 0.00 408.00 10165 FRANCHISE TAX BOARD 09/12/2024 Regular 0.00 60.73 804452 08/30/2024 Invoice 09/12/2024 CASE 566292007 PPE 08/30/2024 0.00 60.73 Check Report Date Range: 09/01/2024 - 09/30/2024
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 10454 INNOVATIVE CLEANING SERVICES INC 09/12/2024 Regular 0.00 32,383.63 804453 30861 Invoice 09/12/2024 2022-027 MONTHLY JANITORIAL SVC AUG… 0.00 32,383.63 10195 IP VIDEO SPECIALISTS 09/12/2024 Regular 0.00 199.00 804454 7655 Invoice 09/12/2024 SKATE PARK WEBCAM MONTHLY SUBSCRI… 0.00 199.00 10223 KONICA MINOLTA BUSINESS 09/12/2024 Regular 0.00 1,415.64 804455 295606065 Invoice 09/12/2024 MAINTENANCE FOR COPIER AUG 2024 POL… 0.00 61.06 295606264 Invoice 09/12/2024 MAINTENANCE FOR COPIER AUG 2024 BUI… 0.00 270.69 295606267 Invoice 09/12/2024 MAINTENANCE FOR COPIER AUG 2024 CIT… 0.00 99.66 295606460 Invoice 09/12/2024 MAINTENANCE FOR COPIER AUG 2024 2A 0.00 113.44 295606463 Invoice 09/12/2024 MAINTENANCE FOR COPIER AUG 2024 SP… 0.00 57.14 295606530 Invoice 09/12/2024 MAINTENANCE FOR COPIER AUG 2024 1A 0.00 232.01 295606615 Invoice 09/12/2024 MAINTENANCE FOR COPIER AUG 2024 2B 0.00 150.08 295606894 Invoice 09/12/2024 MAINTENANCE FOR COPIER AUG 2024 SEN… 0.00 431.56 10224 KONICA MINOLTA PREMIER FINANCE 09/12/2024 Regular 0.00 1,011.43 804456 82975834 Invoice 09/12/2024 LEASE FOR 8 KONICA COPIERS SEPT 2024 0.00 1,011.43 10226 L & M AUTOMOTIVE 09/12/2024 Regular 0.00 456.01 804457 55587 Invoice 09/12/2024 VEHICLE MAINTENANCE 2016 CHEVY COL… 0.00 456.01 10235 LOOPNET 09/12/2024 Regular 0.00 356.00 804458
120556607-1 Invoice 09/12/2024 COMMERCIAL PROPERTIES NOW (FRONT-… 0.00 356.00 10248 MICHAEL D MCNEIL 09/12/2024 Regular 0.00 900.00 804459 1404968592225 Invoice 09/12/2024 DJ FOR SUMMER LOVIN SOCK HOP DANCE… 0.00 900.00 10468 MISSIONSQUARE 09/12/2024 Regular 0.00 10,682.72 804460 08/30/2024 Invoice 09/12/2024 DEFERRED COMP ACCR 303669 PPE 08/30… 0.00 10,682.72 10280 ORANGE COUNTY SHERIFF S OFFICE 09/12/2024 Regular 0.00 160.74 804461 08/30/2024 Invoice 09/12/2024 LOF NO. 30-2019-01097622-CL-CL-CJC PPE… 0.00 160.74 10305 RANCHO VIEJO II HOA 09/12/2024 Regular 0.00 1,089.00 804462 22702 09/03/2024 Invoice 09/12/2024 22702 MADRID HOA PYMT OCT PTM-108-… 0.00 544.50 22706 09/03/2024 Invoice 09/12/2024 22706 MADRID HOA PYMT OCT PTM-108-… 0.00 544.50 10311 RICK ENGINEERING COMPANY 09/12/2024 Regular 0.00 7,503.75 804463 0103419 Invoice 09/12/2024 RANCHO/LAKE FOREST IMPROVEMENTS D… 0.00 1,000.00 0103420 Invoice 09/12/2024 SB JERONIMO/LAKE FOREST IMPROVEME… 0.00 500.00 0103421 Invoice 09/12/2024 BAKE TOLEDO WIDENING IMPROVEMENTS… 0.00 5,503.75 0103422 Invoice 09/12/2024 LOS ALISOS/ROCKFIELD IMPROVEMENTS … 0.00 500.00 10925 SELF INSURED SERVICES COMPANY 09/12/2024 Regular 0.00 8,936.90 804464 B0F6N0 DENTAL Invoice 09/12/2024 FTE DENTAL PREMIUM AUG 2024 0.00 7,179.30 B0F6N0 VISION Invoice 09/12/2024 FTE VISION PREMIUM AUG 2024 0.00 1,757.60 10335 SOUTHERN CALIFORNIA EDISON 09/12/2024 Regular 0.00 13,471.07 804465 3725 08/19/2024 Invoice 09/12/2024 PARK UTILITIES AUG 2024 0.00 4,239.10 5025 08/15/2024 Invoice 09/12/2024 TRAFFIC SIGNAL UTILITIES JUL 2024 0.00 9,231.97 10353 TAIT & ASSOCIATES INC 09/12/2024 Regular 0.00 19,535.31 804466 162241 Invoice 09/12/2024 JERONIMO/EL TORO RD IMPROVEMENTS … 0.00 19,535.31 10365 THERESA DOBBS 09/12/2024 Regular 0.00 2,070.00 804467 09/03/2024 Invoice 09/12/2024 CONSULTING SERVICES AUG 2024 0.00 2,070.00 10372 TRABUCO CANYON WATER DISTRICT 09/12/2024 Regular 0.00 309.93 804468 08/20/2024 Invoice 09/12/2024 MPS UTILITY EL TORO/PORTOLA METER JU… 0.00 309.93 10385 UNDERGROUND SERVICE ALERT OF 09/12/2024 Regular 0.00 256.05 804469 820240383 Invoice 09/12/2024 UNDERGOUND SERVICES ALERT AUG 2024 0.00 256.05 10391 US BANK PARS 09/12/2024 Regular 0.00 2,572.68 804470 Check Report Date Range: 09/01/2024 - 09/30/2024
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 08/30/2024 Invoice 09/12/2024 PARS CONT PPE 08/30/2024 0.00 2,572.68 10392 US DEPT OF TREASURY 09/12/2024 Regular 0.00 928.71 804471 08/30/2024 Invoice 09/12/2024 AGENCY TRACKING WG2122418 PPE 08/3… 0.00 928.71 10398 VERIZON WIRELESS 09/12/2024 Regular 0.00 2,539.24 804472 9971323622 Invoice 09/12/2024 CELLULAR PHONES & DATA SERVICE AUG … 0.00 2,539.24 10405 VOYAGER FLEET SYSTEMS INC 09/12/2024 Regular 0.00 2,884.42 804473 8690611272434 Invoice 09/12/2024 CITY VEHICLE FUEL AUG 2024 0.00 2,884.42 10852 ACCESS ELECTRICAL SERVICES INC 09/19/2024 Regular 0.00 7,524.42 804474 16409-6 Invoice 09/19/2024 2024-055 TRANSFORMER REMOVAL/REW… 0.00 7,079.42 16530 Invoice 09/19/2024 2024-055 LIGHT POLE REPAIR SEP HEROES… 0.00 222.50 16546-2 Invoice 09/19/2024 2024-055 PKG LOT LIGHT REPAIR SEP FOO… 0.00 222.50 10007 ADVANTAGE MAILING LLC 09/19/2024 Regular 0.00 34,530.02 804475 207471 Invoice 09/19/2024 SUMMER LEAFLET 0.00 34,530.02 10017 ALL CITY MANAGEMENT 09/19/2024 Regular 0.00 6,721.29 804476 94842 Invoice 09/19/2024 CROSSING GUARD SERVICES 08/04 - 08/17… 0.00 6,721.29 11274 APRIL CRESS 09/19/2024 Regular 0.00 145.00 804477 2003162.021 Invoice 09/19/2024 REFUND RHYTHM KIDS MUSIC TOGETHER … 0.00 145.00 10038 ARCADIAN BANK 09/19/2024 Regular 0.00 130.00 804478 428 Invoice 09/19/2024 REHAB LOAN FEES - PRESTEL 0.00 130.00 10042 ASSURED TELEMATICS INC 09/19/2024 Regular 0.00 1,342.50 804479 135287 Invoice 09/19/2024 FLEET GPS UNITS 0.00 1,100.00 135340 Invoice 09/19/2024 FLEETS GPS UNITS SEP 0.00 242.50 10044 AT&T CALNET3 09/19/2024 Regular 0.00 62.82 804480 000022207305 Invoice 09/19/2024 PARK UTILITIES AUG 2024 0.00 62.82 10055 BEST BEST & KRIEGER LLP 09/19/2024 Regular 0.00 87,959.22 804481 24-07 Invoice 09/19/2024 LEGAL SERVICES JULY 2024 0.00 87,959.22 10971 C2 COLLABORATIVE 09/19/2024 Regular 0.00 3,900.00 804482 301705 Invoice 09/19/2024 BAKER RANCH DOG PARK RENOVATION A… 0.00 3,900.00 11273 CAROLE RAZI 09/19/2024 Regular 0.00 900.00 804483 2003157.021 Invoice 09/19/2024 REFUND PERMIT 7992 0.00 900.00 10093 CITY OF IRVINE 09/19/2024 Regular 0.00 89,217.55 804484 221642 Invoice 09/19/2024 BAKE PKWY/JERONIMO WIDENING IMPR… 0.00 89,217.55 10107 COSTAR REALTY INFORMATION INC 09/19/2024 Regular 0.00 413.63 804485 121226156 Invoice 09/19/2024 COMMERCIAL PROPERTIES NOW (BACK-E… 0.00 413.63 10113 CROWN FACILITY SOLUTIONS 09/19/2024 Regular 0.00 2,638.87 804486 3317 Invoice 09/19/2024 JANITORIAL SERVICE PERMIT 7582 COMM… 0.00 547.59 3318 Invoice 09/19/2024 JANITORIAL SERVICE PERMIT 8780 COMM… 0.00 654.49 3319 Invoice 09/19/2024 JANITORIAL SERVICE PERMIT 8539 COMM… 0.00 413.60 3320 Invoice 09/19/2024 JANITORIAL SERVICE PERMIT 7711 & 8639… 0.00 743.19 3321 Invoice 09/19/2024 EXTRA CLEANING BASEBALL NCS TOURN… 0.00 280.00 10114 CUCA S MEXICAN FOOD 09/19/2024 Regular 0.00 1,196.02 804487 829-24 Invoice 09/19/2024 AUG 2024 THURSDAY CLUBHOUSE LUNCH 0.00 1,196.02 10443 CUMMINS INC CUMMINS SALES AND SERVICE 09/19/2024 Regular 0.00 1,930.74 804488 X9-27991 Invoice 09/19/2024 GENERATOR REPAIRS AUG 2024 CIVIC CEN… 0.00 1,930.74 10122 DEPARTMENT OF JUSTICE 09/19/2024 Regular 0.00 98.00 804489 753571 Invoice 09/19/2024 LIVESCAN PRE-EMPLOYMENT BACKGROU… 0.00 98.00 Check Report Date Range: 09/01/2024 - 09/30/2024
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 10123 DEWEY PEST CONTROL 09/19/2024 Regular 0.00 271.00 804490 16920947 Invoice 09/19/2024 2022-030 MONTHLY PEST CONTROL SEP 2… 0.00 40.00 16920949 Invoice 09/19/2024 2022-030 MONTHLY PEST CONTROL SEP 2… 0.00 35.00 16920950 Invoice 09/19/2024 2022-030 MONTHLY PEST CONTROL SEP 2… 0.00 196.00 11275 FAEGHEH NARAGHI-ARANI 09/19/2024 Regular 0.00 550.00 804491 2003164.021 Invoice 09/19/2024 REFUND PERMIT 8805 0.00 550.00 10155 FASTSIGNS OF LAKE FOREST 09/19/2024 Regular 0.00 995.61 804492 2016-19115 Invoice 09/19/2024 SPOOKTACULAR STREET BANNERS 0.00 995.61 11270 FERESHTEH MALEKI 09/19/2024 Regular 0.00 14.00 804493 2003153.021 Invoice 09/19/2024 REFUND CRAFTY CRAFTERS & GARDEN CL… 0.00 14.00 10476 FIFTH ASSET INC 09/19/2024 Regular 0.00 10,000.00 804494 DB2005961 Invoice 09/19/2024 DEBTBOOK ANNUAL SUBSCRIPTION FY24-… 0.00 10,000.00 10183 HILLYARD LOS ANGELES 09/19/2024 Regular 0.00 413.38 804495 700603138 Invoice 09/19/2024 AUTO SCRUBBER REPAIR & SUPPLIES 0.00 413.38 10200 JAMES L BLACKBURN 09/19/2024 Regular 0.00 115.52 804496 32893 Invoice 09/19/2024 BUSINESS CARDS (DEPS VAZQUEZ, DEBOLT) 0.00 115.52 10220 KIDDER MATHEWS OF CALIFORNIA 09/19/2024 Regular 0.00 100,446.81 804497 KMC-111671 Invoice 09/19/2024 2024-038 CIVIC CENTER MONTHLY MAINT… 0.00 58,574.12 KMC-112203 Invoice 09/19/2024 2024-038 CIVIC CENTER MONTHLY MAINT… 0.00 41,872.69 10226 L & M AUTOMOTIVE 09/19/2024 Regular 0.00 497.26 804498 55695 Invoice 09/19/2024 VEHICLE MAINTENANCE 2019 DODGE DU… 0.00 497.26 10229 LAKE FOREST EXPRESS WASH 09/19/2024 Regular 0.00 30.00 804499 1110 Invoice 09/19/2024 VEHICLE WASH AUG 2024 0.00 30.00 10241 MASTER WASH INC 09/19/2024 Regular 0.00 360.00 804500 78831 Invoice 09/19/2024 CITY VEHICLE WASH AUG 2024 0.00 360.00 10250 MONOGRAM MAGIC 09/19/2024 Regular 0.00 138.69 804501 13425 Invoice 09/19/2024 STARS UNIFORM - TRAYNOR 0.00 41.35 13538 Invoice 09/19/2024 STARS UNIFORM - CORRIGAN 0.00 60.30 13539 Invoice 09/19/2024 UNIFORM - DEP VAZQUEZ 0.00 37.04 10265 NIEVES LANDSCAPE INC 09/19/2024 Regular 0.00 281,384.56 804502 78503 Invoice 09/19/2024 MONTHLY MAINT/JANITORIAL SVCS AUG … 0.00 73,736.27 78504 Invoice 09/19/2024 MONTHLY MAINTENANCE MP/SLOPE AUG… 0.00 87,261.67 78645 Invoice 09/19/2024 IRRIGATION REPAIR AUG JERONIMO SLOP… 0.00 1,200.00 78646 Invoice 09/19/2024 INSTALL MULCH AUG LAKE FOREST DR/ SE… 0.00 6,900.00 78647 Invoice 09/19/2024 INSTALL MULCH AUG EL TORO RD (TRABU… 0.00 4,500.00 78648 Invoice 09/19/2024 INSTALL MULCH AUG LK FOREST DR /JER… 0.00 5,400.00 78649 Invoice 09/19/2024 INSTALL/GRIND TREES AUG NORMANDALE… 0.00 1,975.00 78650 Invoice 09/19/2024 INSTALL MULCH AUG TRABUCO (MANALA… 0.00 11,100.00 78651 Invoice 09/19/2024 INSTALL PLANT/MULCH AUG TRABUCO/M… 0.00 12,000.00 78652 Invoice 09/19/2024 TREE REMOVAL AUG EL TORO/SANTA MA… 0.00 6,800.00 78653 Invoice 09/19/2024 HONEYSUCKLE REMOVAL AUG TRABUCO/… 0.00 4,500.00 78747 Invoice 09/19/2024 REMOVE TREE LIMB FROM SIDEWALK AUG… 0.00 200.00 78748 Invoice 09/19/2024 INSTALL PLANTS AUG RIDGE ROUTE/ROCK… 0.00 15,486.00 78749 Invoice 09/19/2024 STUMP GRIND FOR SIDEWALK REHAB AUG… 0.00 150.00 78750 Invoice 09/19/2024 INSTALL PLANT/MULCH AUG JERONIMO S… 0.00 10,360.00 78751 Invoice 09/19/2024 INSTALL PLANT MATERIAL AUG JERONIMO… 0.00 4,650.00 78752 Invoice 09/19/2024 INSTALL PLANT MATERIAL AUG BAKE PKW… 0.00 6,480.00 78753 Invoice 09/19/2024 INSTALL IRRIGATION BUBBLERS AUG CHE… 0.00 5,700.00 78754 Invoice 09/19/2024 TREES AUG ALTON/CAVANAUGH/CHERRY… 0.00 2,480.00 78755 Invoice 09/19/2024 IRRIGATION REPAIRS AUG PITTSFORD PARK 0.00 1,348.00 78756 Invoice 09/19/2024 INSTALL PLANTS/MULCH AUG CHERRY PA… 0.00 7,500.00 78757 Invoice 09/19/2024 IRRIGATION REPAIRS AUG DARRIN PARK 0.00 1,750.00 Check Report Date Range: 09/01/2024 - 09/30/2024
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 78758 Invoice 09/19/2024 IRRIGATION REPAIRS AUG CAVANAUGH P… 0.00 740.00 78759 Invoice 09/19/2024 IRRIGATION PRESSURE REGULATOR REPAI… 0.00 2,034.62 78760 Invoice 09/19/2024 IRRIGATION REPAIRS AUG PITTSFORD PARK 0.00 790.00 78761 Invoice 09/19/2024 IRRIGATION REPAIRS AUG EL TORO PARK 0.00 1,135.00 78762 Invoice 09/19/2024 IRRIGATION REPAIRS AUG BORREGO OVER… 0.00 903.00 78763 Invoice 09/19/2024 IRRIGATION REPAIRS AUG NATURE PARK 0.00 1,035.00 78764 Invoice 09/19/2024 IRRIGATION REPAIRS (VALVES) AUG EL TO… 0.00 2,070.00 78765 Invoice 09/19/2024 IRRIGATION REPAIRS/TREE PLANTING AUG… 0.00 1,200.00 10273 OCCUPATIONAL HEALTH CENTERS 09/19/2024 Regular 0.00 54.00 804504 84226784 Invoice 09/19/2024 PRE-EMPLOYMENT BACKGROUND CHECKS… 0.00 54.00 10536 ODP BUSINESS SOLUTIONS LLC 09/19/2024 Regular 0.00 1,293.89 804505 32135112 Invoice 09/19/2024 OPERATING SUPPLIES AUG 2024 0.00 1,293.89 10276 ONWARD ENGINEERING 09/19/2024 Regular 0.00 12,002.50 804506 7658 Invoice 09/19/2024 LAKE FOREST DRIVE RESURFACING DESIGN… 0.00 12,002.50 11271 ORANGE COUNTY CHINESE COMMUNITY SERVICE09/19/2024 Regular 0.00 600.00 804507 2003154.021 Invoice 09/19/2024 REFUND PERMIT 8087 0.00 600.00 11050 POWER PROFESSIONAL CLEANERS CORP 09/19/2024 Regular 0.00 127.80 804508 YQ26496 Invoice 09/19/2024 STARS UNIFORMS DRYCLEANING AUG 2024 0.00 127.80 10306 REACH 09/19/2024 Regular 0.00 828.00 804509
99013 Invoice 09/19/2024 SUBSCRIPTION LICENSE RENEWAL 0.00 828.00 11269 REZVAN FOULADGAR 09/19/2024 Regular 0.00 14.00 804510 2003152.021 Invoice 09/19/2024 REFUND CRAFTY CRAFTERS & GARDEN CL… 0.00 14.00 10316 ROSENOW SPEVACEK GROUP INC 09/19/2024 Regular 0.00 4,267.50 804511 12249 Invoice 09/19/2024 AFFORDABLE HOUSING CONSULTING AUG… 0.00 4,267.50 10329 SO CAL INDUSTRIES 09/19/2024 Regular 0.00 114.28 804512 707490 Invoice 09/19/2024 PORTALET RENTALS 9/3 - 9/30 0.00 114.28 10335 SOUTHERN CALIFORNIA EDISON 09/19/2024 Regular 0.00 186,447.88 804513 1549 09/04/2024 Invoice 09/19/2024 PARK UTILITIES AUG 2024 0.00 135.17 3106 09/03/2024 Invoice 09/19/2024 CIVIC CENTER UTILITIES AUG 2024 0.00 184,403.50 5146 09/04/2024 Invoice 09/19/2024 STREET LIGHT UTILITIES AUG 2024 0.00 65.74 6551 08/29/2024 Invoice 09/19/2024 PARK UTILITIES AUG 2024 0.00 1,843.47 10338 SOUTHERN CALIFORNIA SHREDDING 09/19/2024 Regular 0.00 670.00 804514 263600 Invoice 09/19/2024 ID THEFT PROGRAM PAPER SHREDDING A… 0.00 670.00 10505 STUDIO TWO BLACK DIAMOND PRINTING & GRAPHICS 09/19/2024 Regular 0.00 4,241.96 804515 101542 Invoice 09/19/2024 COMMENDATION FOLDERS 0.00 1,685.04 101544 Invoice 09/19/2024 PAPER WITH CITY SEAL 0.00 2,007.39 101545 Invoice 09/19/2024 CITY SEAL LABELS 0.00 549.53
10347 SUPERIOR PROPERTY SERVICES INC 09/19/2024 Regular 0.00 9,343.33 804516 18186 Invoice 09/19/2024 2023-022 GRAFFITI RMVL, PRESS WASH, S… 0.00 9,343.33 10359 THE GAS COMPANY 09/19/2024 Regular 0.00 633.97 804517 2943 09/09/2024 Invoice 09/19/2024 LFSP UTILITIES AUG 2024 0.00 53.92 9109 09/06/2024 Invoice 09/19/2024 CIVIC CENTER UTILITIES AUG 2024 0.00 580.05 10510 THE KOREA TIMES LOS ANGELES INC 09/19/2024 Regular 0.00 302.00 804518 IV240800081 Invoice 09/19/2024 ELECTION NOTICES AUG 2024 0.00 302.00 10362 THE PET ADOPTION CENTER OF 09/19/2024 Regular 0.00 1,583.34 804519 1019 Invoice 09/19/2024 PET ADOPTION SERVICES AUG 2024 0.00 1,583.34 THB001525 THOMAS WHEELER 09/19/2024 Regular 0.00 84.69 804520 09/10/2024 Invoice 09/19/2024 EXP REIMB LUNCH INTERVIEW (MIKE, TOM… 0.00 84.69 Check Report Date Range: 09/01/2024 - 09/30/2024
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 11276 UNITED RIGGERS & ERECTORS INC 09/19/2024 Regular 0.00 33,317.00 804521 53073 Invoice 09/19/2024 2024-054 ROOF DRAIN MODIFICATION A… 0.00 33,317.00 10404 VONAGE BUSINESS 09/19/2024 Regular 0.00 9,609.00 804522 2321292 Invoice 09/19/2024 TELEPHONE VOIP SERVICE SEP 2024 SPOR… 0.00 544.16 2321293 Invoice 09/19/2024 TELEPHONE VOIP SERVICE SEP CIVIC CENT… 0.00 8,923.17 2321294 Invoice 09/19/2024 TELEPHONE VOIP SERVICE SEP 2024 SKATE… 0.00 141.67 11272 ZUBAIR SERANG 09/19/2024 Regular 0.00 700.00 804523 2003156.021 Invoice 09/19/2024 REFUND PERMIT 7128 0.00 700.00 10886 SANTA MARGARITA FORD 09/18/2024 Regular 0.00 32,183.57 804524 241182 Invoice 09/18/2024 VEHICLE PURCHASE 2024 FORD MAVERICK 0.00 32,183.57 10886 SANTA MARGARITA FORD 09/18/2024 Regular 0.00 32,183.57 804525 241151 Invoice 09/18/2024 VEHICLE PURCHASE 2024 FORD MAVERICK 0.00 32,183.57 10852 ACCESS ELECTRICAL SERVICES INC 09/26/2024 Regular 0.00 67,424.50 804526 16164-2 Invoice 09/26/2024 2024-055 PK/PKNG LT LIGHTS JUL FOOTHI… 0.00 20,910.50 16286-2 Invoice 09/26/2024 2024-055 BOLLARD RPLCMNT PROJ AUG A… 0.00 46,514.00 10006 ADT SECURITY SERVICES 09/26/2024 Regular 0.00 70.92 804527 1085964347 Invoice 09/26/2024 SKATE PARK SECURITY 9/19 - 10/18 2024 0.00 70.92 10480 AHMAD HAIDREY 09/26/2024 Regular 0.00 1,842.35 804528 306 Invoice 09/26/2024 THURSDAY CLUBHOUSE LUNCH SEPT 9/26 0.00 921.17 307 Invoice 09/26/2024 SOCK HOP DINNER 9/27 0.00 921.18 11277 ALCON RESEARCH LLC 09/26/2024 Regular 0.00 1,500.00 804529 COMB-09-22-568…Invoice 09/26/2024 REFUND C&D DEPOSIT 0.00 1,500.00 10026 AMERICAN FIDELITY ASSURANCE CO 09/26/2024 Regular 0.00 505.18 804530 D755085 Invoice 09/26/2024 OPTIONAL INSURANCE AUG 2024 0.00 505.18 THB004928 AMY LEWIS 09/26/2024 Regular 0.00 307.35 804531 09/10/2024 Invoice 09/26/2024 EMP REIMB LUNCH FOR COLLAB - CHICK-F… 0.00 307.35 10037 AQUABIO ENVIRONMENTAL 09/26/2024 Regular 0.00 3,095.00 804532 101983 Invoice 09/26/2024 2023-082 VETERANS PARK LAKE MAINTEN… 0.00 3,095.00 10043 AT&T 09/26/2024 Regular 0.00 1,295.65 804533
8600443901 Invoice 09/26/2024 PRIMARY INTERNET SERVICE AUG 2024 0.00 1,295.65 10044 AT&T CALNET3 09/26/2024 Regular 0.00 92.90 804534 000022259888 Invoice 09/26/2024 PARK UTILITIES 6189 AUG 2024 0.00 92.90 10502 BKF ENGINEERS 09/26/2024 Regular 0.00 766.50 804535 24090826 Invoice 09/26/2024 2021-101 LOS ALISOS/MUIRLANDS 2ND LE… 0.00 766.50 11253 BLUE RASTER LLC 09/26/2024 Regular 0.00 10,715.00 804536 8721 Invoice 09/26/2024 2024-069 ASSET MANAGEMENT/GIS JUL 0.00 10,715.00 10074 CALIFORNIA STATE DISBURSEMENT 09/26/2024 Regular 0.00 147.70 804537 09/13/2024 Invoice 09/26/2024 REMIT ID 200000002413681 SDU/TRIBAL … 0.00 147.70 10079 CALPERS LONG TERM CARE PROGRAM 09/26/2024 Regular 0.00 238.85 804538 15432733 Invoice 09/26/2024 EE CONT PPE 09/27/2024 0.00 238.85 THB001589 CHRISTINE GROVES 09/26/2024 Regular 0.00 126.00 804539 08/19 - 08/21 Invoice 09/26/2024 EXP REIMB CA RESOURCE REC ASSOC PARK… 0.00 126.00 10095 CITY OF LAKE FOREST SUNSHINE CLUB 09/26/2024 Regular 0.00 156.00 804540 09/13/2024 Invoice 09/26/2024 EE CONT PPE 09/13/2024 0.00 156.00 10104 CONVERGINT TECHNOLOGIES LLC 09/26/2024 Regular 0.00 3,054.83 804541 IN00241763 Invoice 09/26/2024 CCTV MAINTENANCE SEPT 0.00 3,054.83 Check Report Date Range: 09/01/2024 - 09/30/2024
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 10105 CORE LOGIC SOLUTIONS LLC 09/26/2024 Regular 0.00 7,156.44 804542 50035452 Invoice 09/26/2024 ANNUAL RENEWAL 07/24 - 06/25 0.00 7,156.44 10113 CROWN FACILITY SOLUTIONS 09/26/2024 Regular 0.00 587.19 804543 3322 Invoice 09/26/2024 JANITORIAL SERVICES PERMIT 8534 COMM… 0.00 587.19 11167 CYRUS MANAGEMENT INC 09/26/2024 Regular 0.00 1,306.85 804544 24317 Invoice 09/26/2024 LAKE FOREST ACADEMY DINNER 0.00 1,306.85 10155 FASTSIGNS OF LAKE FOREST 09/26/2024 Regular 0.00 64.65 804545 2016-19168 Invoice 09/26/2024 RESTROOM SIGNAGE FOR COMMUNITY C… 0.00 64.65 11217 FCG CONSULTANTS INC 09/26/2024 Regular 0.00 935.04 804546 1133-1002 Invoice 09/26/2024 2024-023 LFTM BAKE/TRABUCO WIDENIN… 0.00 935.04 10184 HINDERLITER DE LLAMAS & ASSOC 09/26/2024 Regular 0.00 2,735.00 804547 SIN042723 Invoice 09/26/2024 CANNABIS TESTING LAB MGMT AUG 2024 0.00 2,735.00 10198 ITERIS INC 09/26/2024 Regular 0.00 7,034.80 804548 173518 Invoice 09/26/2024 2021-032 PROFESSIONAL SERVICES JUL 0.00 7,034.80 10203 JAMEY CLARK INC 09/26/2024 Regular 0.00 15,832.45 804549 75424 Invoice 09/26/2024 2024-047 SLIDE HARDWARE AUG BORRE… 0.00 1,620.00 75425 Invoice 09/26/2024 2024-047 SLIDE BOLTS AUG BAKER RANCH 0.00 630.00 75426 Invoice 09/26/2024 2024-047 REPL BLOCKS, BOLTS AUG BAKER… 0.00 900.00 75427 Invoice 09/26/2024 2024-047 REPL SWING STRAP SEATS AUG … 0.00 435.00 75428 Invoice 09/26/2024 2024-047 REPL SWING STRAP SEATS AUG… 0.00 435.00 75430 Invoice 09/26/2024 2024-047 CEMENT PAD AUG BORREGO O… 0.00 4,231.63 75431 Invoice 09/26/2024 2024-047 CEMENT PAD AUG REGENCY PA… 0.00 3,826.20 75432 Invoice 09/26/2024 2024-047 DOOR VENT INSTALL AUG HERO… 0.00 924.50 75442 Invoice 09/26/2024 2024-047 REMV BLOCK BOLT THREADS A… 0.00 180.00 75443 Invoice 09/26/2024 2024-047 REPL TIRE SWING CHAINS AUG … 0.00 270.00 75444 Invoice 09/26/2024 2024-047 REPL MESSAGE BRD PLEXIGLASS… 0.00 270.00 75445 Invoice 09/26/2024 2024-047 TIGHTEN SPRING TOY BOLTS AU… 0.00 180.00 75446 Invoice 09/26/2024 2024-047 SURFACING RUBBER REPAIR AU… 0.00 315.00 75447 Invoice 09/26/2024 2024-047 RPLC SWING CHAINS AUG FOOT… 0.00 649.00 75458 Invoice 09/26/2024 2024-047 EXTRA FILTERS AUG TAMARISK … 0.00 416.12 75501 Invoice 09/26/2024 2024-047 REPLACE RR FILTERS SEP LFSP 0.00 550.00 10207 JEFF ABBIT 09/26/2024 Regular 0.00 600.00 804550
1026241 Invoice 09/26/2024 SPOOKTACULAR MAGIC SHOW 10/26 0.00 600.00 10448 KARI HALL DBA OC PARTY COMPANY 09/26/2024 Regular 0.00 1,595.00 804551 2633 Invoice 09/26/2024 SPOOKTACULER FACE PAINTERS 10/26 0.00 1,595.00 10223 KONICA MINOLTA BUSINESS 09/26/2024 Regular 0.00 132.68 804552 295679322 Invoice 09/26/2024 MAINTENANCE FOR COMM CTR COPIER (… 0.00 34.67 295679323 Invoice 09/26/2024 OVERAGE FEES 6/1 - 8/31 2024 COMMUN… 0.00 98.01 10225 KWIKEY S LOCK AND KEY INC 09/26/2024 Regular 0.00 22.63 804553 082024KEY Invoice 09/26/2024 KEY DUPLICATION CIVIC CENTER FILE CABI… 0.00 22.63 11279 MICHAEL DUFFY CARPENTRY 09/26/2024 Regular 0.00 1,800.00 804554 RESB-11-23-62252 Invoice 09/26/2024 REFUND C&D DEPOSIT 0.00 1,800.00 10827 MICROGALAXY LLC 09/26/2024 Regular 0.00 6,000.00 804555 RESB-11-23-62183 Invoice 09/26/2024 REFUND C&D DEPOSIT 0.00 6,000.00 10468 MISSIONSQUARE 09/26/2024 Regular 0.00 10,911.75 804556 09/13/2024 Invoice 09/26/2024 DEFERRED COMP ACCR 303669 PPE 09/13… 0.00 10,911.75 10250 MONOGRAM MAGIC 09/26/2024 Regular 0.00 440.74 804557 13733 Invoice 09/26/2024 LOGO APPAREL FOR CM OFFICE STAFF 0.00 440.74 11002 ONE DAY SIGNS INC 09/26/2024 Regular 0.00 1,105.41 804558 Check Report Date Range: 09/01/2024 - 09/30/2024
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 23801 Invoice 09/26/2024 CITY VEHICLE DECALS 0.00 1,105.41 10822 ORIENTAL TRADING COMPANY INC 09/26/2024 Regular 0.00 2,937.20 804559 732408994-001 Invoice 09/26/2024 SPOOKTACULAR CANDY 10/26 0.00 2,937.20 10281 OUT-FIT 09/26/2024 Regular 0.00 165.00 804560
53179 Invoice 09/26/2024 QUARTERLY MAINTENANCE - 3RD QTR 0.00 165.00 10295 PRO LINE GYM FLOORS INC 09/26/2024 Regular 0.00 5,700.00 804561 3158 Invoice 09/26/2024 GYM FLOOR CLEAN/APPLY GUARD FINISH … 0.00 5,700.00 10719 RINCON CONSULTANTS INC 09/26/2024 Regular 0.00 1,381.50 804562 59520 Invoice 09/26/2024 NOISE POLICIES & STANDARDS UPDATE JU… 0.00 1,381.50 11283 ROMAN CATHOLIC BISHOP OF ORANGE 09/26/2024 Regular 0.00 36,695.86 804563 COMB-03-22-534…Invoice 09/26/2024 REFUND FCPP FEES 0.00 36,695.86 10319 SAGECREST PLANNING AND 09/26/2024 Regular 0.00 4,930.00 804564 4867 Invoice 09/26/2024 CEQA CONSULTING SDP 04-24-5698 (IMI) 0.00 4,930.00 10925 SELF INSURED SERVICES COMPANY 09/26/2024 Regular 0.00 6,540.36 804565 15239 Invoice 09/26/2024 FTE SEPT 2024 LIFE/STD/LTD 0.00 6,540.36 10335 SOUTHERN CALIFORNIA EDISON 09/26/2024 Regular 0.00 18,286.00 804566 3611 09/13/2024 Invoice 09/26/2024 PARK UTILITIES AUG 2024 MPS, LFSP 0.00 10,577.78 8114 09/09/2024 Invoice 09/26/2024 CIVIC CENTER UTILITIES AUG 2024 0.00 7,708.22 11156 SOUTHERN CALIFORNIA EDISON COMPANY 09/26/2024 Regular 0.00 25,976.71 804567 558092 Invoice 09/26/2024 WIDENING OF SB JERONIMO STREET LIGHT… 0.00 25,976.71 11278 SPC BUILDER INC 09/26/2024 Regular 0.00 1,800.00 804568 COMB-08-22-560…Invoice 09/26/2024 REFUND C&D DEPOSIT 0.00 1,800.00 10848 STEVEN MENDEZ 09/26/2024 Regular 0.00 549.00 804569 4843 Invoice 09/26/2024 SPOOKTACULAR PHOTO BOOTH 10/26 0.00 549.00 11282 SUGAR ENTERTAINMENT, LLC 09/26/2024 Regular 0.00 777.60 804570 SDP 12-23-5678 Invoice 09/26/2024 REFUND DEPOSIT BALANCE 0.00 777.60 10347 SUPERIOR PROPERTY SERVICES INC 09/26/2024 Regular 0.00 1,050.00 804571 18200 Invoice 09/26/2024 2023-022 BAKER RNCH DOG PRK STEAM C… 0.00 1,050.00 11280 SYDNEY LEIGH POKARD 09/26/2024 Regular 0.00 500.00 804572 COMB-02-24-629…Invoice 09/26/2024 REFUND C&D DEPOSIT 0.00 500.00 10641 THE LOFTCRAFTERS INC 09/26/2024 Regular 0.00 2,220.00 804573 RESB-07-24-64536 Invoice 09/26/2024 REFUND C&D DEPOSIT 0.00 2,220.00 10595 TRANSTECH ENGINEERS, INC 09/26/2024 Regular 0.00 316.25 804574 20244904 Invoice 09/26/2024 SENIOR CENTER PATIO COVER CACI AUG 2… 0.00 316.25 10391 US BANK PARS 09/26/2024 Regular 0.00 2,340.28 804575 09/13/2024 Invoice 09/26/2024 PARS CONT PPE 09/13/2024 0.00 2,340.28 10392 US DEPT OF TREASURY 09/26/2024 Regular 0.00 928.71 804576 09/13/2024 Invoice 09/26/2024 AGENCY TRACKING WG2122418 PPE 09/1… 0.00 928.71 10862 VALPAK FRANCHISE OPERATIONS LLC 09/26/2024 Regular 0.00 832.16 804577 115238 Invoice 09/26/2024 MULTI-LANGUAGE OUTREACH SEP 2024 0.00 832.16 10506 WEST COAST ARBORISTS INC 09/26/2024 Regular 0.00 16,735.00 804578 218384 Invoice 09/26/2024 TREE MANAGEMENT SERVICES 8/1 - 8/15 … 0.00 16,735.00 10408 WESTAMERICA COMMUNICATIONS 09/26/2024 Regular 0.00 1,382.09 804579 364936 Invoice 09/26/2024 PARK OUTREACH 0.00 1,382.09
10932 WEX HEALTH INC 09/26/2024 Regular 0.00 271.10 804580 Check Report Date Range: 09/01/2024 - 09/30/2024
10/8/2024 11:32:08 AM Page 12 of 15
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 0000033488 Invoice 09/26/2024 COBRA PAYMENT AUG 2024 0.00 2.80 0002020690-IN Invoice 09/26/2024 ADMIN FEES AUG 2024 0.00 268.30 10450 WHITE MECHANICAL INC 09/26/2024 Regular 0.00 436.67 804581 24-2205 Invoice 09/26/2024 REPLACE DISPLAY BOARD AUG CIVIC CENT… 0.00 436.67 Total Regular: 0.00 4,000,652.85
Check Report Date Range: 09/01/2024 - 09/30/2024
10/8/2024 11:32:08 AM Page 13 of 15
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Payment Type: Bank Draft
10080 CALPERS HEALTH BENEFITS BRANCH 09/04/2024 Bank Draft 0.00 92,266.36 DFT0000241 100000017647051 Invoice 09/04/2024 HEALTH INSURANCE FOR SEPTEMBER 2024 0.00 92,266.36 10076 CALPERS EMPLOYER SVCS 09/10/2024 Bank Draft 0.00 55,466.82 DFT0000242 08/30/2024 Invoice 09/10/2024 RETIREMENT CONTRIBUTIONS PPE 08/30/… 0.00 55,466.82 10076 CALPERS EMPLOYER SVCS 09/23/2024 Bank Draft 0.00 55,428.67 DFT0000245 09/13/2024 Invoice 09/23/2024 RETIREMENT CONTRIBUTIONS PPE 09/13/… 0.00 55,428.67 10004 ADP 09/13/2024 Bank Draft 0.00 2,891.45 DFT0000248 670299461 Invoice 09/13/2024 PROCESSING CHGS PE 8/2, 8/15, 8/16 & 8… 0.00 2,891.45 10004 ADP 09/13/2024 Bank Draft 0.00 1,597.00 DFT0000249 670299743 Invoice 09/13/2024 WORKFORCE NOW HCM PE 8/12/2024 0.00 1,597.00 10004 ADP 09/13/2024 Bank Draft 0.00 1,715.65 DFT0000250 670300850 Invoice 09/13/2024 ADP TIME AND ATTENDANCE 0.00 1,715.65 Total Bank Draft: 0.00 209,365.95
Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code OP Summary
Bank Drafts
EFT's
185
4 1
6 0
0.00 0.00
0.00 0.00
0.00 196 0.00
Payment
4,000,777.85
2,652.36
-125.00
209,365.95
0.00 4,212,671.16
Payable
Count
292
4 0
6 0
302
Check Report Date Range: 09/01/2024 - 09/30/2024
10/8/2024 11:32:08 AM Page 14 of 15
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Bank Code: PR-Payroll
Payment Type: Bank Draft
10005 ADP TAX FINANCIAL SVC 09/06/2024 Bank Draft 0.00 58,729.25 DFT0000239 08/30/2024 Invoice 09/06/2024 PAYROLL TAXES FOR PPE 08/30/2024 0.00 58,729.25 10004 ADP 09/06/2024 Bank Draft 0.00 249,636.20 DFT0000240 08/30/2024 Invoice 09/06/2024 DIRECT DEPOSIT ACH PPE 08/30/2024 0.00 249,636.20 10004 ADP 09/20/2024 Bank Draft 0.00 245,709.83 DFT0000243 09/13/2024 Invoice 09/20/2024 DIRECT DEPOSIT ACH PPE 09/13/2024 0.00 245,709.83 10004 ADP 09/13/2024 Bank Draft 0.00 76,549.55 DFT0000244 2024 BONUS Invoice 09/13/2024 DIRECT DEPOSIT ACH PPE 2024 BONUS 0.00 76,549.55 10005 ADP TAX FINANCIAL SVC 09/20/2024 Bank Draft 0.00 57,787.78 DFT0000246 09/13/2024 Invoice 09/20/2024 PAYROLL TAXES FOR PPE 09/13/2024 0.00 57,787.78 10005 ADP TAX FINANCIAL SVC 09/13/2024 Bank Draft 0.00 9,429.33 DFT0000247 2024 BONUS Invoice 09/13/2024 PAYROLL TAXES FOR PPE 09/11/2024 0.00 9,429.33 Total Bank Draft: 0.00 697,841.94
Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
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
0.00 697,841.94
0.00 697,841.94
Payable
Count
0 0
0 6
0 6
Check Report Date Range: 09/01/2024 - 09/30/2024
10/8/2024 11:32:08 AM Page 15 of 15
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
185
4 1
12 0
0.00 0.00
0.00 0.00
0.00 202 0.00
4,000,777.85
2,652.36
-125.00
907,207.89
0.00 4,910,513.10
292
4 0
12 0
308
Fund Name Period Amount
Fund Summary
999 Pooled Cash 9/2024 4,910,513.10
4,910,513.10
CITY COUNCIL AGENDA REPORT
MEETING DATE: 10/15/2024
DEPARTMENT: City Manager
SUBJECT:
CITY BRANDING SERVICES AGREEMENT
RECOMMENDED ACTION(S):
1. Approve Professional Consultant Services Agreement for City Branding Services to JPW Communications, Inc.
2. Authorize the Mayor to sign and the City Clerk to attest to the Agreement, substantially in the form attached.
3. 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 2024-25.
EXECUTIVE SUMMARY:
Pursuant to Strategic Plan Initiative, SP #21 – Hotel Marketing Campaign, staff initiated efforts to begin a marketing campaign using Strategic Economic Investment Program (“SEIP”) funding. Due to the quick recovery of the hotel industry and further discussions about opportunities to bolster economic investment in the community, the scope of the initiative was expanded to include a city-wide branding effort. The City released a Request for Proposal (“RFP”) to solicit proposals for City Banding Services from qualified communications and marketing firms on June 4, 2024. Subsequently the City received 19 proposals for the project. Of those, 13 met all the mandatory elements, and 6 firms qualified for an interview with a selection committee.
Following the RFP process, staff recommends awarding a new Professional Consultant Services Agreement to JPW Communications, Inc. (“JPW”) For City Branding Services (“Agreement” ). The proposed Agreement includes a total compensation amount of $124,685 and an initial term of three years with two optional one-year extensions (Attachment 1). Staff performed a reference check, which provided favorable reviews of JPW’s services in other local agencies (Attachment 2). The proposed agreement was prepared by the Finance department and was approved as to form by the City Attorney.
As this project is in support of the objectives of the SEIP, $124,685 in funding from remaining SEIP funds would be required to fund the city branding services activities under the Agreement. Staff recommends approving the proposed Resolution (Attachment 3) to appropriate sufficient funds for the project.
BACKGROUND:
Pursuant to Strategic Plan Initiative, SP #21 – Hotel Marketing Campaign, City staff reached out to hotels for input and feedback on potentially developing an “Stay in Lake Forest” marketing campaign to bolster occupant rates and assist hotels recovering from the COVID-19 pandemic. As the hotel industry experienced a relatively quick recovery to pre-pandemic occupancy levels, staff received little input or feedback in response to a survey of hotels in Lake Forest.
In an effort to keep in the original intent of the Strategic Economic Investment Program (“SEIP”) established by the City in 2021, the Audit Committee provided feedback, and the City Council provided direction to staff to transition the initiative to a City-wide branding initiative.
The purpose of the citywide branding initiative is to create a cohesive message the encourages recognition of the City through a clear, strong, and resilient brand identity that represents the varied attributes of the community. The resulting brand identity would then be implemented to energize and focus the City’s current efforts and the resulting brand messaging would seek to achieve the following goals:
• Attracting, retaining, and growing businesses;
• Maintaining and enhancing the City’s quality of life; and, • Encouraging residents of all ages to engage in community life, civic activities, and recreational interests.
DISCUSSION:
On June 4, 2024, the City released a Request for Proposal (“RFP”) to solicit proposals for City Banding Services from qualified communications and marketing firms. The scope of services for the RFP included three primary phases of work including Image Assessment, Brand and Creative Development, and Implementation Plan. Image Assessment includes research and activities that will help define target audiences, engage City stakeholders, and create the foundation of branding effort. The Brand and Creative Development phase includes planning and consolidation of research from the research phase to develop a creative concept for the City’s brand. Finally, the Implementation plan would involve the creation of brand assets and messaging in addition to the implementation activities to the resulting band identity. The final phase would include all final deliverables and training in order to implement the communications plan.
The RFP received 1,683 project views on the City’s eProcurement portal, OpenGov, and was downloaded by 80 prospective applicants, of which 19 submitted proposals. Staff reviewed all proposals for completion and determined 13 proposals met all mandatory elements. The City Manager approved an interdepartmental Selection Committee composed of the following staff:
• City Clerk, City Clerk’s Office
• Assistant to the City Manager, City Manager’s Office
• Communications and Marketing Manager, Management Services • Management Assistant, Community Development
Of the 13 proposers that met all mandatory elements, 6 received an average technical proposal score of 60 or higher and qualified for an interview. Tables 1 and 2 below reflect the scores for each firm.
Table 1: Technical Review Phase Scoring
Vendor Evaluator 1 Evaluator 2 Evaluator 3 Evaluator 4
Total Avg.
Score
(Max Score
100)
JPW Communications 84 81 90 81 84
Dowitcher Designs, Inc. 80 87.3 68 86.5 80.44
North Star Place Branding
+ Marketing
85.5 82 91.5 47.5 76.63
Arellano Associates 68 77 71 80 74
We The Creative 73.5 60 56 74.5 66
Tripepi Smith and
Associates, Inc
58 52 88 58.5 64.13
HUB Collective 39 72 67.5 58.5 59.25
BC Design Haus 46 44.5 52.5 86.5 57.38
Dolphin Group, Inc. 46 52.5 72 58.5 57.25
WeUsThem Inc. 72.5 41.5 51.5 48.5 53.5
Citrus Brand Studio d/b/a
Marchio
38.5 55 60 42 48.88
Nikki Nguyen Inc 45.5 45 50 41 45.38
The Clay Media LLC 46 34.5 51 37 42.13
Brand Poets LLC
Excluded
0 0 0 0 0
Vendor Evaluator 1 Evaluator 2 Evaluator 3 Evaluator 4
Total Avg.
Score
(Max Score
100)
Gravity Switch
Excluded
0 0 0 0 0
Hound Studio
Excluded
0 0 0 0 0
Lamdi
Excluded
0 0 0 0 0
NS Design, LLC
Excluded
0 0 0 0 0
TumbleWeed Social
Excluded
0 0 0 0 0
Table 2: Interview and Costing Review
Vendor Evaluator 1 Evaluator 2 Evaluator 3 Evaluator 4
Total Avg.
Score
(Max Score
200)
JPW Communications 154.6 151 169 161.8 159.1
Dowitcher Designs, Inc. 173.6 148 136 160.8 154.6
Arellano Associates 94.4 119.2 132 108.8 113.6
North Star Place Branding
+ Marketing 96.2 84.2 129 104.2 103.4
Tripepi Smith and
Associates, Inc 74.8 102.8 146 78 100.4
We The Creative 87.8 91.8 103.8 91 93.6
At the conclusion of the selection process, staff reviewed the cost proposals from each of the six interviewed firms: JPW Communications, Dowitcher Designs, Inc., Arellano Associates, North Star Place Branding + Marketing, Tripepi Smith and Associates, Inc., and We The Creative. Table 3 shows the total costs proposed by each firm for the base scope of the project which included the three project phases for Image Assessment, Brand and Creative Development, and Implementation Plan.
Table 3: Cost Proposals
Description Arellano
Associates
Dowitcher
Designs,
Inc.
JPW
North Star
Place
Branding +
Marketing
Tripepi
Smith and
Associates,
Inc
We The
Creative
Image
Assessment $215,780.64 $5,625.00 $29,515.00 $31,666.00 $39,040.00 $30,000.00 Brand and
Creative
Development $90,630.21 $19,500.00 $23,590.00 $31,667.00 $60,340.00 $80,000.00 Implementation
Plan $145,058.12 $14,625.00 $22,480.00 $31,667.00 $16,470.00 $40,000.00 Total $451,468.97 $39,750.00 $75,585.00 $95,000.00 $115,850.00 $150,000.00 In addition to providing costing for the base scope of the project, prospective vendors could also propose additional optional services. Two firms provided costs for these optional services as shown in Table 4.
Table 4: Additional Services by Firm
Description Arellano
Associates
Dowitcher
Designs,
Inc.
JPW
North Star
Place
Branding +
Marketing
Tripepi
Smith and
Associates,
Inc
We The
Creative
Brand Plan
Implementation/
Ongoing
Support
– – $49,100.00 – – –
Description Arellano
Associates
Dowitcher
Designs,
Inc.
JPW
North Star
Place
Branding +
Marketing
Tripepi
Smith and
Associates,
Inc
We The
Creative
Flag Design
Contest $29,917.39 – – – – –
Program
Management $12,866.58 – – – – –
Total $49,783.97 – $49,100.00 – – –
After the evaluation process for the submitted proposals was completed, staff recommends awarding a Professional Consultant Services Agreement to JPW for City Branding Services (Attachment 1). Staff believes that JPW provided a comprehensive proposal that would ensure they are a responsive and attentive partner in the City’s banding efforts. Grounded in the principles of research, planning, implementation, and evaluation (“RPIE”) as public relations professionals, JPW demonstrated a unique approach and deep understanding of working with local governments. Their work spans several California cities including the cities of Tustin, Glendora, and San Marcos as well as their work with the California Association of Public Information Officers (“CAPIO”). Staff conducted a reference check that indicated that JPW has been a responsible and effective partner in prior projects (Attachment 2).
In addition, staff recommends including the additional services proposed by JPW.
The proposed services include additional evaluation and support following the development and launch of the City’s brand. This option for additional support was unique to JPWs proposal and demonstrated an understanding of the importance of monitoring and evaluating the implementation plan. JPW’s proposed extensive support to help the City consistently evaluate the effort and direction of the project, ensure a positive return on investment in this effort, and develop a lasting and meaningful brand identity for the City.
The proposed Agreement with JPW would include a total compensation of $124,685 for a three-year term with two optional one-year extensions. The proposed compensation amount includes the total fee for the base scope as well as the fee for the additional brand implementation/ongoing support services.
Table 5 contains the breakdown of the total compensation under the proposed Agreement.
Table 5: Proposed Agreement Compensation
Description Cost
Image Assessment $29,515.00
Brand and Creative Development $23,590.00
Implementation Plan $22,480.00
Brand Plan Implementation/ Ongoing Support $49,100.00
Total $124,685.00
The proposed Agreement was prepared by the Finance department and approved as to form by the City Attorney. As the project is in support of the objectives of the SEIP, $124,685 in funding from remaining SEIP funds would be required to fund the city branding services activities under the Agreement. Staff recommends approving the proposed Resolution (Attachment 3) to appropriate sufficient funds for the project. Should the proposed Resolution be approved, the budget would be amended and there would be sufficient funds in the 2023-2025 Operating Budget.
FISCAL IMPACT:
The cost of the proposed Professional Consultant Services Agreement is $124,685. SEIP funds would be required to fund the city branding services activities under the Agreement. Should the proposed Resolution be approved, the budget would be amended and there would be sufficient funds in the 2023- 2025 Operating Budget. Approving the recommended actions would award the Professional Services Agreement to JPW and approve a budget adjustment of $124,685.
ATTACHMENTS:
1. Professional Consultant Services Agreement with JPW Communications, Inc.
2. Reference Check
3. Proposed Budget Resolution
Initiated By: Nidia Ruelas, Assistant to the City Manager Submitted By: Debra Rose, City Manager
Approved By: Debra Rose, City Manager
ATTACHMENT 1
CITY BRANDING SERVICES
(2024-096)
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C City of Lake Forest
Professional Consultant Services Agreement
City Branding 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...........................................
Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding 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 JPW Communications, Inc., a CaliforniaCorporation (Inc.) , with its principal place of business at 2710 Loker Avenue W., Suite 300, Carlsbad, CA 92010 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.” Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding Services
4 2. RECITALS.
2.1. Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional branding and marketing 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 branding and marketing 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 branding and marketing consulting services for the Citywide Branding Services project ("Project") as set forth in this Agreement.
Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding 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 Branding 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 October 15, 2024 to October 14, 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.
Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding 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: Jenny Windle, Founder and Chief Executive Officer; Baylee Akins, Senior Manager.
3.2.5 City's Representative. The City hereby designates Debra Rose, 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 Jenny Windle, Founder and Chief Executive Officer, 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 Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding 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. Consultant agrees to procure and maintain, 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 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 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 Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding Services
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 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:
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 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. regulation, or policy.
Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding Services
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 HUNDRED TWENTY-FOUR THOUSAND SIX HUNDRED EIGHTY-FIVE DOLLARS ($124,685.00) 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, 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 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, Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding Services
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 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 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: JPW Communications, Inc.
2710 Loker Avenue W., Suite 300
Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding Services
11 Carlsbad, CA 92010
ATTN: Jenny Windle, Founder and Chief Executive Officer 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 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 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) Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding Services
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 (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 nonappealable 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 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.
3.6.6 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.
Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding 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 Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding 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.
Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding Services
15 4. SIGNATURES.
4.1. SIGNATURES.
CITY OF LAKE FOREST JPW Communications, Inc.
By: [AUTHORIZED CITY SIGNATURE]
Mark Tettemer
Mayor
By: [VENDOR SIGNATURE 1]
Jenny L. Windle
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]
Jenny Windle
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]
Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding Services
16 5. EXHIBIT "A" SCOPE OF SERVICES
5.1. EXHIBIT "A" SCOPE OF SERVICES
Consultant shall assist the City with its assessment of its current image, development of a community brand, and a comprehensive implementation plan.
Objectives:
The goal of the project is to energize and focus the City of Lake Forest marketing and branding efforts and create a cohesive message that encourages recognition of the City through a clear, strong, and resilient brand identity that represents the varied attributes of the community.
The resulting brand messaging should place particular emphasis in the following areas:
• Attracting, retaining, and growing businesses
• Maintaining and enhancing the City's quality of life
• Encouraging residents of all ages to engage in community life, civic activities, and recreational interests
Framework:
Messaging should connect to the hearts and minds of City audiences and be believable, relevant, and simple. Consistency will be key, but flexibility that allows use by the wide variety of departments, programs, and services that make up the City is also important.
A successful branding effort will include, without limitation, the following aspects:
• An engaged and informed community
• Messaging that captures the cultural values and uniqueness of the Lake Forest community • A consistent and comprehensive verbal and visual identity across City departments • A unified approach for employees to support overall branding and communications efforts Project Phases:
A. Research - Image Assessment
o Conduct initial research necessary to define target audiences, identify what value the City offers to targeted audiences, utilize focus groups, surveys, and other methodologies as appropriate.
o Review research results with staff and various Citywide stakeholders. o Draw from existing community planning documents as well as conduct original research, multi-lingual community outreach, and focus groups.
o Include thorough community engagement process to include the following:
Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding Services
17 ▪ Community engagement and input from Lake Forest residents, businesses, members of the development community, partner organizations, and any other key groups identified that would be critical to the success of all tasks.
▪ Educate the public on what branding means and why it is important for the City of Lake Forest.
o For this phase, Consultant shall deploy a mix of qualitative and quantitative research methods will include:
▪ Kick off meeting with key project personnel
▪ SWOT analysis with key city project team
▪ Brand material, marketing and communications audit
▪ Demographic research
▪ 1:1 interviews with key stakeholders (up to 16 interviews) ▪ Focus groups (up to three with one for businesses, residents and other) ▪ Facilitate pop-up events to gather input from community (up to five) ▪ Community survey
▪ Engage City departments and internal stakeholders
▪ Community engagement and input from Lake Forest residents, businesses, members of the development community, partner organizations and other key groups o Phase Deliverable: Research findings report
o Anticipated Duration: 8 weeks
B. Planning - Brand and Creative Development
o Consultant shall distill learnings from the research phase into a unifying idea and positioning strategy to facilitate the development of a creative brief. The creative brief will be used to help guide the development of the brand's visual exploration including logo design and collaterals and move the project from strategy to design. This is where the Consultant will articulate the City's brand story and key messages. This phase outlines the strategies and creative concepts that shape Lake Forest's new brand. Specifically, the brief will address the following questions:
▪ How we want people to feel?
▪ What we want them to do?
▪ What barriers must be overcome?
Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding Services
18 ▪ Who does the City need to reach?
▪ How can the City create a stronger community?
o Phase Deliverables:
▪ Creative brief
o Anticipated Duration: 4 weeks
C. Implementation Plan - Brand and Creative Development and Implementation Plan o Brand and Creative Development
▪ Create messaging: the expression of brand and visual elements that will effectively communicate the City's Identity to target audiences.
▪ Answer the following: (1) Who are we as a City? (2) How do we relate our services in a way that is meaningful to our customers and their values? ▪ Craft messaging to educate the public on the meaning of branding and it's importance to the City of Lake Forest
▪ Create brand assets
▪ Develop brand package and style guide
o Implementation Plan
▪ Define activities needed to effectively establish the City's updated brand identity for target audiences as well as identify ongoing strategies for communicating, maintaining, and enhancing the brand's value over the first three (3) years following implementation. ▪ Implementation Plan strategies should:
• Prioritize both short and long-term strategies and tactics, including a timeline. • Employ a variety of communications tools.
• Engage Lake Forest residents and businesses.
• Enable target audiences to connect and interact with the City and use feedback to further build the City's brand.
• Provide opportunities for target audiences to become advocates. • Relate the "Lake Forest" story in an effective manner. • Recommend methods to ensure effective implementation by developing processes to track results and measure success with target audiences. ▪ Implementation Plan Activities:
Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding Services
19 • Develop brand roll out plan to establish City's new brand identity • Create brand implementation plan to internal and external audiences • Create media kit for brand usage
• Develop brand usage for various applications (i.e. web, print, advertising, signage, vehicles, apparel, etc.)
• Coordinate brand training internal audience for launch of new brand • Create a strategic communications plan for brand launch o Phase Deliverables:
▪ Brand Package: Compose key messages for individual audiences, including key messaging platform.
▪ Brand Style Guide: A comprehensive document illustrating the graphic standards and rules for use of the City logos, colors, and typography along with design mockups for key materials and guidance for brand applications.
▪ Brand Assets: Design concepts for various applications, including but not limited to:
web, print, advertising, signage, private sector deployment, and for use on municipal vehicles and apparel.
▪ Media Kit: Develop media kit, materials, and ad templates to be used in outreach, advertising, marketing, and other communication efforts. ▪ Establish a comprehensive list of media outlets and contacts covering Lake Forest and issues of importance to the community.
▪ Strategic Communications Plan: Strategic communications and accountability planning document to guide the launch of the brand and help measure the success of the branding project over the next three to five (3-5) years. ▪ Training for Staff: Develop training for the City to implement the branding message. o Anticipated Duration: 8 weeks to develop, ongoing implementation and support.
D. Evaluation - Monitoring the Success of Brand Implementation o Deploy tools to track the performance of implementing a new brand in the City. o Methods shall include the following:
▪ Community and key stakeholder survey post brand launch ▪ Communications audit of City channels on reactions to new brand o Phase Deliverables:
Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding Services
20 ▪ Ongoing project management
▪ Survey results
▪ Quarterly results
5.2. Ownership Rights
The City owns and shall require rights and original editable files to all creative materials, including graphics, photographs, audio, video, etc. during and at the conclusion of the contract.
Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding Services
21 6. EXHIBIT "B" - SCHEDULE OF SERVICES
6.1. EXHIBIT "B" - SCHEDULE OF SERVICES
The Consultant shall provide the services described in Exhibit “A” Scope of Services based on the anticipated schedule below and as directed by the City.
Phase and Timeframe Activity and/or Deliverable Total
Estimated
Hours
RESEARCH - IMAGE
ASSESSMENT
Week 1 One-hour in-person kick-off meeting with key client project team members
26 Weeks1-3 Initial research (target audiences, positioning statements, materials review, competitive analysis)
16 Weeks 4-7 Plan and launch survey using city-provided tool 12 Weeks 4-7 Focus groups (assumes 3) and includes prep time, travel and recaps for three 1-hour meetings hosted in one day
32 Weeks 4-7 30 minute virtual interviews (assumes 16) with City Council, city manager, departments and other staff
54 Weeks 4-8 Host pop-up community events (up to 4). Includes drive time, prep and 2 hour events over two days
28 Week 8 Review research with city stakeholders 4
Week 8 Create research report 12
Total Hours for Phase 184
PLANNING - BRAND &
CREATIVE DEVELOPMENT
Weeks 9-12 Create brand assets (logo, tagline, visual system).
Includes create concept development, initial designs,
two rounds of revisions, and mock ups of initial assets 94 Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding Services
22 Weeks 9-10 Prepare phase deliverable: Creative Brief. Create brand story and message. Included in creative brief.
16 Weeks 9-12 Prepare phase deliverable: Implementation/strategic communications plan. Key messages and design
concepts included.
28 Total Hours for Phase 138
IMPLEMENTATION:
IMPLEMENTATION PLAN
Weeks 10-11 Create media list 4
Weeks 10-14 Develop style guide (interactive toolkit) 26 Weeks 10-14 Develop media kits, materials and templates. Create media kit, materials and templates for brand usage.
Includes copy writing and graphic design.
72 Weeks 15-17 Training for staff. Includes presentations to staff, creation of training documentations, etc.
18 Weeks 15-17 Create a branding implementation for brand launch 10 Total Hours for Phase 130
EVALUATION: MONITORING
SUCCESS OF BRAND
IMPLEMENTATION
Week 1 JPW internal kick-off meeting; project setup 6
A month after brand launch Community and key stakeholder survey for post-brand launch
10 A month after brand launch Communications audit of City channels on reactions to new brand
6 Ongoing Biweekly client project update meetings. Assumes meetings will be 30 minutes over three years
132
Ongoing Quarterly reports. Assumes 12 reports produced over 3 years
84 Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding Services
23 Ongoing Project management/customer service (task tracking, contract and budget management, ad-hoc needs)
72 Total Hours for Phase 310
Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding Services
24 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 Exhibit “A” Scope of Services and the not to exceed fee of ONE HUNDRED TWENTY-FOUR THOUSAND SIX HUNDRED EIGHTY-FIVE DOLLARS ($124,685.00). Compensation shall be paid per the following schedule and terms.
Phase and Activity and/or Deliverable Total Estimated
Hours
Total Cost
RESEARCH - IMAGE ASSESSMENT
Kick off meeting - Includes prep, drive time and one 1-hour meeting, post-meeting recap
26 $4,610.00
Initial research (target audiences, positioning statements, materials review, competitive analysis)
16 $2,650.00
Survey (using City provided research tool) 12 $1,620.00 Focus groups (assumes 3) and includes prep, travel time, recaps for three 1-hour meetings hosted in one day
32 $5,570.00
30 minute virtual interviews (assumes 16) with City Council, city manager, departments and other staff
54 $8,270.00
Pop-up community events - (up to 4) - assumes drive time and done over the course of two days
28 $4,270.00
Review research with city stakeholders 4 $745.00
Research report - DELIVERABLE 12 $1,780.00
Subtotal for Phase 184 $29,515.00
PLANNING - BRAND & CREATIVE DEVELOPMENT
Create brand assets (includes creative concept/initial
designs/revisions/build out of assets)
94 $16,580.00
Implementation plan (includes messaging, strategies, target audiences, tracking methods) - DELIVERABLE
16 $4,300.00
Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding Services
25 Creative brief (Develop brand story and messaging) - DELIVERABLE 28 $2,710.00 Total Hours for Phase 138 $23,590.00
IMPLEMENTATION: IMPLEMENTATION PLAN
Media List - DELIVERABLE 4 $680.00
Style guide (Includes design concepts/mockups) - DELIVERABLE 26 $4,450.00 Media kits, materials, and templates - DELIVERABLE 72 $12,330.00 Training for City adoption - DELIVERABLE 18 $3,450.00
Implementation Plan (includes key messages and platform) -
DELIVERABLE
10 $1,570.00
Total Hours for Phase 130 $22,480.00
EVALUATION: MONITORING SUCCESS OF BRAND IMPLEMENTATION
Internal kick-off meeting 6 $1,100.00
Community stakeholder survey (post-launch) 10 $1,410.00 Materials scan (post launch) 6 $730.00
Biweekly client update meetings (assumes 30 minutes per meeting over three years, 72 meetings)
132 $21,260.00
Quarterly reports 84 $13,920.00
General project management/ customer service 72 $10,680.00 Total Hours for Phase 310 $49,100.00
TOTAL 762 $124,685.00
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-Long Beach-Anaheim.
Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding Services
26 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: 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 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 Agreement.
Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding Services
27 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 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. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers’ Compensation:
(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 selfinsurance 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.
Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding Services
28 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 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.
Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C Title: City Branding Services
29 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. 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 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.
Docusign Envelope ID: 633E9701-0C8B-42ED-9453-22FD3D189B1C ATTACHMENT 2
City Branding Services RFP
Reference Check
Title Communications Manager City Manager Executive Director Senior Digital Specialist Agency City of Tustin City of San Marcos
California Association of Public
Information Officials (CAPIO) City of Glendora
1 What were the services
performed? Full rebrand and ongoing services
JPW has performed a variety of
services including: 1. Prepare and
implement a comprehensive and
expansion communications plan
for the SMUSD COVID-19 Mental
Health & Wellness Unit Program;
2. Consultant Services for
Strategic Communications
Planning And Management; 3.
Communications And Marketing
Development Services to
optimize the City's recruitment
identity; 4. Graphic Design
Services for the City's Newsletter
and Recreation Guide and general
graphic design services for
additional projects as needed.
Rebranding
City Re-Branding Project – Full
scope from research through
initial roll-out of a new City logo.
(we’re still deploying assets)
2 How long have you
contracted with the firm
for these services?
Ongoing, started pre-COVID,
2021 rebrand rollout, have
provided ongoing services since
on an as needed basis.
San Marcos has been working
with JPW since 2015. One project – 2018 / 2019 September 2023 – August 2024 1 of 4
City Branding Services RFP
Reference Check
Title Communications Manager City Manager Executive Director Senior Digital Specialist Agency City of Tustin City of San Marcos
California Association of Public
Information Officials (CAPIO) City of Glendora
3 Please rate the quality
of services on a 1-5
scale (1=Poor, 2=OK,
3=Good, 4=Very Good,
5=Excellent).
5 5 5
5 – Entire JPW team is responsive,
patient, easy to work with, and
knowledgeable.
4 Were there any delays
or deviations from the
firm's strategy or
workplan? If so, how
were they mitigated?
No delays or deviations, very
efficient and on top of everything
Any deviations were either project
or city driven due to unforeseen
circumstances. The city and JPW
team would collaborate and
coordinate on the best way
forward.
No delays No delays from JPW. Team was
on time and on budget.
5 Was regular
communication with
staff satisfactory?
Yes Yes, communication has met
expectations Yes, excellent
Yes. The firm provides regular
updates and feedback on project
status.
2 of 4
City Branding Services RFP
Reference Check
Title Communications Manager City Manager Executive Director Senior Digital Specialist Agency City of Tustin City of San Marcos
California Association of Public
Information Officials (CAPIO) City of Glendora
6 How would you rate the
firms approach and
performance when
communicating with
elected officials, the
public, the City Council,
and any other external
groups or stakeholders?
Please rate external
communications on a 1-
5 scale (1=Poor, 2=OK,
3=Good, 4=Very Good,
5=Excellent)
5, did all of that during re-brand
process
5 Very professional. Excellent
quality of service and end
product.
5 – Research included group
conversations plus individual
interviews with internal and
external stakeholders. Team
members attended a City Council
meeting and presented the new
brand, including answering
questions in a public forum RE:
process, etc.
7 Would you consider
using this firm for future
projects or services?
What has been your
return on investment?
Yes, services are ongoing.
Yes we continue and currently
use JPW for communication and
project consultants.
Yes. Our logo / re branding has
been fantastic and well loved by
our members. Very distinctive.
We highly recommend this firm.
Glendora’s rebrand logo won the
top award at the 2024 3CMA
conference in September as a
result of the guidance and
leadership of JPW.
3 of 4
City Branding Services RFP
Reference Check
Title Communications Manager City Manager Executive Director Senior Digital Specialist Agency City of Tustin City of San Marcos
California Association of Public
Information Officials (CAPIO) City of Glendora
8 Please include any
additional comments or
information regarding
your experience with
the firm.
Would fully recommend the firm.
JPW has been a great partner with
the ability to expand and contract
depending on our needs.
We would highly recommend JPW
Communications and their team.
Excellent work, excellent integrity
and very knowledgeable in the
area of government
communications.
From my perspective, I’ve been
on both sides of similar projects,
having worked as a freelance
graphic designer and now as a
project manager for Glendora’s
rebrand. Glendora’s project was
successful because we listened
to and followed JPW’s guidance,
challenged them on our
“dealbreakers” (we didn’t have
many and they eagerly accepted
our challenges), and were highly
collaborative throughout the
entire process.
4 of 4
ATTACHMENT 3
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, CALIFORNIA, AMENDING
THE 2023-2025 OPERATING BUDGET; AMENDING
APPROPRIATIONS FOR FISCAL YEAR 2024-25
WHEREAS, the 2023-2025 Operating Budget was adopted by the City Council on June 20, 2023; and
WHEREAS, the appropriations for Fiscal Year 2024-25 were adopted by the City Council on June 4, 2024;
WHEREAS, modifications are now required as a result of changes during Fiscal Year 2024-25.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
FOREST DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:
Section 1. The City Council’s adoption of this Resolution is not a project within the meaning of the California Environmental Quality Act. Specifically, the City’s adoption of the Resolution is an administrative and fiscal function of the City that does not commit the City to any specific project or course of action. (State CEQA Guidelines, sections 15378(b)(4) & (b)(5).) Thus, no environmental review of the Resolution is required. The City Council hereby directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption within five working days of the adoption of this Resolution.
Section 2. The General Fund is amended to increase appropriations for Fiscal Year 2024-25 as demonstrated in Exhibit A.
Section 3. The Director of Finance is hereby authorized to move appropriations between programs within program area budgets in concurrence with Department Directors.
Section 4. The City Manager is hereby authorized to transfer appropriations from one program area to another or between funds within the Operating Budget with notification to the City Council Audit Committee.
Section 5. The City Manager is hereby authorized to transfer appropriations from a capital improvement project to another existing project within the adopted Capital Improvement Program with notification to the City Council Audit Committee.
Section 6. The City Clerk shall attest as to the adoption and execution of this Resolution and cause the same to be maintained in the permanent records of the City.
PASSED, APPROVED AND ADOPTED this 15th day of October 2024, by the following vote, to wit:
ATTEST:
MARK TETTEMER
MAYOR
LISA BERGLUND
CITY CLERK
APPROVED AS TO FORM:
MATTHEW RICHARDSON
CITY ATTORNEY
STATE OF CALIFORNIA )
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 15th day of October 2024, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
LISA BERGLUND
CITY CLERK
EXHIBIT A
AMENDMENT TO 2023-2025
OPERATING BUDGET
FISCAL YEAR 2024-25
APPROPRIATIONS
General Fund Operating Appropriations
Expenditure
Major Program
Area
Current
Budget
Increase
(Decrease) Amended
Budget
Community Vitality &
Engagement $2,096,293 $124,685 $2,220,978
CITY COUNCIL AGENDA REPORT
MEETING DATE: 10/15/2024
DEPARTMENT: Information Technology
SUBJECT:
AWARD OF CONTRACT FOR MULTI-FUNCTION DEVICE PURCHASE &
MANAGED PRINT SERVICES
RECOMMENDED ACTION(S):
1. Adopt Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2023-2025 OPERATING BUDGET AND APPROPRIATIONS FOR FY 2024-25.
2. Award a contract in the amount of $100,819.02 to MRC Smart Technology Solutions, Inc. for the Purchase of Multi-Function Devices & Managed Print Services.
3. Authorize the Mayor to sign and the City Clerk to attest to the agreement with MRC Smart Technology Solutions, Inc. substantially in the form attached.
EXECUTIVE SUMMARY:
Following a Request for Proposals (“RFP”) process, staff recommends awarding a new agreement to MRC Smart Technology Solutions, Inc (“MRC”) to provide the City with new multi-function devices and a maintenance agreement for managed print services under an initial three-year term with two optional oneyear extensions (“Agreement”). The proposed Agreement includes the purchase of nine new multi-function devices (“MFDs”) (Attachment 1) and a maintenance agreement to supply the City with all consumables (except paper), maintenance, and repair (Attachment 2). Staff performed a reference check on MRC in accordance with the City’s Purchasing & Contracting Guidelines (“Purchasing Guidelines”), which provided favorable reviews of MRC’s services in other local agencies (Attachment 3).
In addition, staff recommends approving a budget resolution to appropriate unallocated funds from the City’s General Fund to provide the additional funding needed in the FY 2024-25 budget for the purchase price of the new MFDs (Attachment 4). The proposed agreement was prepared by the Finance department and has been approved as to form by the City Attorney.
BACKGROUND:
In 2012 the City initiated a strategy of reducing internal printing expenses with the following actions: (1) lease MFDs, which offer additional functions like scanning, copying, and faxing, and have a lower cost per page than standard printers due to higher capacity and more efficient use of consumables, deploying them in key locations within City Hall; (2) reduce the number of printers and shift print usage to the MFDs where possible; and (3) consolidate the equipment lease, print maintenance, and print consumables under the umbrella of a managed print services contract. The City most recently awarded a five-year agreement to Konica Monica Business Solutions (“KMBS”) in 2019 for the lease of eight MFDs and managed print services. The contract was amended and approved by the City Manager in July 2022 to add a ninth copier to the City’s MFD fleet and $8,505 to the existing contract. It was amended again and approved by City Council in January 2024 to allocate an additional $12,380 to the managed print services agreement. The current contract is due to expire on November 4, 2024. Pursuant to the City’s Purchasing Guidelines, staff issued a new RFP for the purchase of new MFDs and a maintenance agreement for managed print services on July 10, 2024.
While researching cost estimates for the project, staff requested budgetary quotes from KMBS and MRC and determined that purchasing would be more advantageous than leasing MFDs. The costs and scope of work for the maintenance agreement would remain the same under both options, but leasing would introduce additional financing costs, thereby increasing the cost per-unit over the length of the contract term. By opting to purchase the equipment, the City would avoid these financing expenses and would benefit from full ownership, which provides more control over the MFDs and their long-term use. Leasing offers lower upfront expenses by spreading out payments over time, but since upfront costs are not a constraint, purchasing ensures the most cost-effective solution over the next three years, maximizing value for the City.
DISCUSSION:
Staff initiated a competitive procurement process in July 2024 to solicit proposals for the purchase of MFDs and a maintenance agreement for managed print services for a three-year term, with two optional one-year extensions. The RFP requested pricing for the purchase of nine new copiers for the City and pay-percopy costs for managed print services covering all consumables (except paper), maintenance, and repairs for both the new MFDs and the fleet of 28 City-owned printers. Staff specifically requested only purchase pricing be provided in the RFP, as it was determined that the City would save money by purchasing the equipment rather than leasing during the research phase of the project. Table 1 illustrates the estimated cost differences between purchasing and leasing the MFDs.
Table 1: Comparison of Purchase vs. Lease pricing
Purchase Price 60-Month Lease Price
Current Contract with KMBS N/A $60,685
KMBS Budgetary Quote $72,926 $100,202
MRC Budgetary Quote $124,326 $159,300
The solicitation was posted on OpenGov, the City's electronic procurement management system. The RFP received 635 public views, with 29 firms downloading all associated files. Twenty firms opted to "follow" the project through OpenGov, and eight firms submitted proposals.
Pursuant to the Purchasing Guidelines, a selection committee comprised of the Assistant City Manager, GIS/Applications Analyst, Management Assistant in Public Works, and Senior Audio-Visual Technician reviewed the proposals. Five firms, C3 Tech, Canon Solutions America, Inc. (“Canon”), Konica Minolta Business Solutions USA, Inc., MRC Smart Technology Solutions Inc., and Toshiba America Business Solutions, Inc.(“Toshiba”), met the minimum scoring criteria on the technical proposal review and participated in a qualifications interview. Tables 2 and 3 below reflect the scores at the completion of the selection process.
Table 2: Interview and Cost Proposal Scoring
Vendor Evaluator 1 Evaluator 2 Evaluator 3 Evaluator 4
Total Score
(Max Score
200)
C3 Tech 146.6 141 149.8 157 148.8
Canon 120.8 120 132 138.4 127.8
KMBS 104.4 102 142.8 61.2 102.6
MRC 180 157.6 168 189.6 173.8
Toshiba 163.6 159.6 157.2 186 166.6
At the conclusion of the selection process, staff reviewed the cost proposals from all firms. Table 3 shows the total costs for each firm. Yearly costs were determined by using the firm’s proposed pay-per-copy costs and the City’s estimated print usage.
Table 3: Compensation Costs of Proposed Agreement
Vendor Purchase
costs Year 1 Year 2 Year 3 Total Costs
C3 Tech $65,372.25 $24,550 $24,550 $24,550 $139,022.25
Canon $99,712.62 $22,648 $22,648 $22,648 $167,656.62
Konica $53,123.01 $18,140 $18,140 $18,140 $107,543.01
MRC $46,504.02 $18,105 $18,105 $18,105 $100,819.02
Toshiba $71,977.35 $27,565 $27,565 $27,565 $154,672.35
MRC Smart Technology Solutions, Inc., which is a subsidiary of Xerox Corporation, was established in 1994 and has over 29 years of experience providing comprehensive document management solutions. Their services include MFD integration, managed print services, and technical support. The proposed MFD model, the Xerox AltaLink 8270, is designed for high performance and security, featuring the Common Criteria Certification (ISO 15408) to ensure the City’s data is protected. Additionally, the devices are ENERGYSTAR compliant, and through the Xerox Green World Alliance program, the City can recycle toner to support its sustainability goals. MRC is qualified to deliver secure, efficient, and environmentally friendly solutions to meet the City’s needs.
With a strong local presence and over 260 agencies served in California, MRC has a proven record of success. Staff completed reference checks for MRC with three agencies: City of Glendale, Baldwin Park Unified School District, and Saddleback Valley Unified School District. All agencies confirmed the quality of the MFDs and provided positive recommendations of MRC. The total one-time cost to purchase nine new copiers is $46,504.02 and the pay-per-copy maintenance cost per year would be approximately $18,105 per year to yield a total compensation of $100,819.02 for the initial three-year term.
Staff recommends approving two agreements and a budget resolution to execute the contract. The Sales & Service Agreement for the purchase of nine MFD devices (Attachment 1) and the Maintenance Services Agreement for a threeyear term and with two optional one-year extensions (Attachment 2) and a total compensation of $100,819.02 to MRC Smart Technology Solutions Inc. The proposed compensation amount includes the costs to purchase nine new copiers as well as a not-to-exceed amount of $18,105 per year for managed print services. The proposed budget resolution would add $100,820 to FY 24-25 to ensure there are sufficient funds for the purchase of the MFDs and maintenance agreement.
FISCAL IMPACT:
Approving the recommended actions would award an agreement to MRC, Smart Technology Solutions Inc. in the amount of $100,819.02. The proposed attached budget resolution would appropriate unallocated funds from the City’s General Fund to provide the additional funding needed in the FY 2024-25 budget.
ATTACHMENTS:
1. Xerox Sales & Service Agreement
2. Maintenance Agreement for Managed Print Services
3. MRC References
4. Budget Resolution
Initiated By: Wail Jamal, Senior Audio-Visual Technician Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
ATTACHMENT 1
CEC approved Ver.1.7.1 Effective 9/3/2024 Page 1 of 10
Initials
**initials**
MRC Smart Technology Solutions, Inc. (“Company”)
CUSTOMER SALES & SERVICE AGREEMENT BILL TO
CUSTOMER NAME CUSTOMER NAME
CITY OF LAKE FOREST CITY OF LAKE FOREST
ADDRESS ADDRESS
100 Civic Center Dr. Lake Forest, CA 92630 100 Civic Center Dr. Lake Forest, CA 92630
CITY, STATE ZIP CITY, STATE ZIP
LAKE FOREST, CA 92630 LAKE FOREST, CA 92630
PRIMARY CONTACT PERSON PRIMARY PHONE NUMBER PRIMARY EMAIL BILL TO CONTACT PERSON BILL TO PHONE NUMBER BILL TO EMAIL SALESPERSON CUSTOMER PURCHASE ORDER # COMPANY REFERENCE # SERVICE CONTRACT New MPS CONTRACT New Marcia QuoSchmidt 20337181 CONTRACT # CONTRACT #
CASH AMOUNT MONTHLY SERVICE PAYMENT MONTHLY MPS PAYMENT $46,504.02 $0.00 Included
TERMS OF PAYMENT: NET THIRTY (30) DAYS FOR CASH SALE AND ALL OTHER INVOICES NET THIRTY (30) DAYS FROM DATE OF INVOICE
PRODUCTS
QTY MODEL/PRODUCT # LOCATION DESCRIPTION TOTAL PRICE
SEE PRODUCT SCHEDULE (SCHEDULE A)
SUBTOTAL
SEE PRODUCT SCHEDULE (SCHEDULE A) SEE TRADE-IN EQUIPMENT / LEASE RETURN FORM SPECIAL SERVICES FEES $0.00
NOTE / ADJUSTMENT DETAILS
The Service/MPS Escalation Rate is 0%.
OTHER ADJUSTMENTS $0.00
CONTRACT TYPE EFFECTIVE DATES TRANSACTION TYPE
CASH SALE RENTAL TERM IN MONTHS 60 Months
LEASE MAINTENANCE ONLY PROPOSED START DATE
Actual start date based on
delivery or lease commencement.
CONTRACT TERMS NOTES
SERVICE MPS
All parts, labor, drums and supplies; excluding paper and staples All parts and labor, including drums; excluding supplies, paper, and staples Includes other (indicate)
Includes Staples
CONTRACT POOLS INCLUDED IN LEASE PAYMENT SERVICE MPS
POOL MONTHLY VOLUME OVG. RATE MONTHLY PAYMENT BASE FRQNCY OVG. FRQNCY B&W: Pool #1 0 $0.00400 Included in Service
Payment Monthly Quarterly
B&W: MPS Pool #1 0 $0.00750 Included in MPS
Payment Monthly Quarterly
Color: Pool #1 0 $0.03500 Included in Service
Payment Monthly Quarterly
Color: MPS Pool #1 0 $0.00550 Included in MPS
Payment Monthly Quarterly
FLAT RATE POOLS
POOL QUANTITY MONTHLY PAYMENT BASE FRQNCY
REMOTE SERVICE TECHNOLOGY XDA (Monitoring Only): 35 Devices Covered PRIMARY METER CONTACT TECHNOLOGY CONTACT PERSON TECH PHONE # TECH EMAIL METER CONTACT PERSON METER PHONE # METER EMAIL Company will install an app to automatically collect device meters for contract billing and automated supply replenishment.
Company will charge a fee per machine per overage billing cycle should customer decline meter and supply technology app installation.
QTY MODEL / PRODUCT # SOFTWARE & DESCRIPTION SEE SOW FOR DETAILS TOTAL PRICE
SEE PRODUCT SCHEDULE (SCHEDULE A)
CEC approved Ver.1.7.1 Effective 9/3/2024 Page 2 of 10
Initials
**initials**
CUSTOMER ACCEPTANCE
By executing this agreement, I acknowledge that I have read and understand this agreement and I certify that I am authorized to execute this agreement on behalf of customer.
Authorized signature acknowledges terms / conditions and expiration dates or meter readings. The terms and conditions on the face and reverse side of this agreement correctly set forth the entire agreement between parties.
AUTHORIZED CUSTOMER SIGNATURE: **signature** TITLE: **title** SIGNER’S NAME (PRINTED): **fullname** DATE: **datesigned** COMPANY SALES: **signature2** DATE: **datesigned2**
CEC approved Ver.1.7.1 Effective 9/3/2024 Page 3 of 10
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**initials**
Sales and Service Terms and Conditions
1. Definitions. The first page of this Sales Order/Service Agreement is referred to herein as the “Cover Page.” The Cover Page and these Terms and Conditions, along with a listing of additional products on Product Schedule (if attached), and or any other attachments referenced on the Cover Page represent the agreement (the “Agreement”) between Company and the Customer (“Parties”) as identified on the Cover Page of this Agreement, with respect to the acquisition of those Products and the Service for such Products. “Products” shall mean the equipment (“Equipment”) and any Software (“Application Software”) identified on the Cover Page and/or on Product Schedule.
2. Scope. This Agreement may be executed for:
a) A SALE of Products. If a SALE, Company hereby offers to sell/license and Customer hereby accepts to purchase/license those Products in the quantity and for the price indicated on the Cover Page (and/or Product Schedule). Payment terms are set forth in Section 7, below. Title to the Equipment will transfer to Customer upon delivery; or b) A LEASE of Products. If a LEASE, Customer will execute a separate lease agreement with a third party lessor which will fund the purchase/license of the Products in the quantity indicated on the Cover Page (and/or Product Schedule) for the benefit of Customer. The lease will be between Customer and a third-party lessor. Company will not be a party to the lease. Upon execution of a lease agreement between Customer and third-party lessor, the Customer shall be responsible to lessor to satisfy the terms and conditions of the lease; or c) A RENTAL of Products. If a RENTAL, Company hereby offers to rent and Customer hereby accepts to pay for those Products in the quantity and for the price indicated on the Cover Page (and/or Product Schedule). Payment terms are set forth in Section 7, below. Title will remain with the Company throughout the Term as indicated on the Cover Page. Customer agrees to obtain adequate insurance coverage sufficient to cover the full replacement value of the rental equipment while in Customer’s possession, and to have Company named as the loss payee. Unless otherwise stated in the Cover Page, the rental is non-cancellable for the stated term.
3. Delivery and Installation. Unless specified otherwise on the Cover Page, the Company shall deliver and install the Products at the location specified by Customer on the Cover Page unless: (1) Customer has not made available at that address a suitable place of installation as specified by the Company; or (2) Customer has not made available suitable electrical service in accordance with the Underwriter’s Lab (“UL”) or manufacturer’s requirements. All risk of loss will transfer to the Customer upon delivery. Customer will be responsible for nonstandard delivery charges.
4. Services. This Agreement covers both the labor and materials for adjustments, repairs, and replacement of parts necessitated by normal use of the Equipment. Unless otherwise stated on the Cover Page, Services do not include the following: (a) repairs due to (i) misuse, neglect, or abuse (including, without limitation, improper voltage or use of supplies that do not conform to the manufacturers’ specifications), (ii) use of options, accessories, products, supplies not provided by Company; (iii) non-Company alterations, relocation, or service; and/or (iv) loss or damage resulting from accidents, fire, water, or theft; (b) maintenance requested outside Company’s normal business hours or this Agreement, (c) relocation, (d) software or connected hardware, (e) hard drive replacement, (f) MICR Toner for Laser Printers, and parts and labor for all non-laser printers, and/or (g) parts for Scanners. Company reserves the right, at its sole discretion, to replace Equipment with Equipment of similar or better conditions and features, rather than providing on-site Service support. Replacement parts may be new, reprocessed, or recovered. Supplies provided by Company are in accordance with the copy volumes set forth on the Cover Page and within the manufacturer’s stated yields, and do not include staples or paper. Supplies are to be used exclusively for the Equipment and remain Company property until consumed. Customer will return, or allow Company to retrieve, any unused supplies at the termination or expiration of this Agreement. Customer is responsible for the cost of excess supplies. Supplies will be shipped to Customer via UPS Ground, or another method selected by Company. Unless otherwise stated herein, Customer will be billed for shipping, including, but not limited to, UPS Ground, Overnight, and/or Messenger Service per billing period or per shipment based on number of products. Additional fees may be charged for Services provided outside Company’s standard business hours or for computer/network issues and will be at Company hourly rates in effect at the time of such Services. Equipment may be supported and serviced using data that is automatically collected by Company from the Equipment via electronic transmission from the Equipment to a secure off-site location. Examples of automatically transmitted data include product registration, meter read, supply level, Equipment configuration and settings, software version, and problem/fault code data. All such data will be transmitted in a secure manner specified by Company. The automatic data transmission capability does not permit Company to read, view or download any Customer data, documents or other information residing on or passing through the Equipment or Customer's information management systems. Services may be delivered by Company’s Affiliates and/or Subcontractors, at Company’s sole discretion. Unless otherwise agreed to in writing, Customer remains solely responsible to secure any sensitive data and permanently delete such data from the internal media storage prior to removal of Equipment or termination of this Agreement. Company has no obligation to maintain Equipment beyond the “End of Service” for that particular model of Equipment. End of Service (“EOS”) means the date announced by manufacturer after which Company will no longer offer Services for a particular Equipment model. Company reserves the right to discontinue Service upon thirty days written notice for any Equipment for which parts and/or Supplies are no longer available, or are not available on commercially reasonable terms.
5. Meter; Electric Services. Equipment is required to be connected to a remote transmission tool, which will periodically communicate meter reads as well as other device diagnostic data and upon which invoices will be based. If a remote transmission tool is not installed and otherwise upon request, you will provide us, by telephone, email, web submission, or fax with the actual meter readings three days prior to your due date. We may estimate the number of images used if such meter readings are not communicated to Company. The estimated charge for excess images shall be adjusted upon receipt of actual meter readings. If you are unable to maintain remote transmission, the Company reserves the right to charge you a per device fee for such affected Equipment due to the increased service visits that will be required in order to: (x) obtain such information, (y) provide such transmissions and (z) provide such Maintenance Services and Consumable Supplies that otherwise would have been provided remotely and/or proactively. If you elect to not install a remote transmission tool, the contract is subject to the manual meter collection fee outlined on the Company’s currently published fee schedule. You agree to provide adequate space without charge for the Equipment, adequate electricity (including, if necessary, a dedicated 110 or 220-volt line), an electrical surge suppressor with a UL-1449 rating or better, and reasonable storage for supplies to be used with the Equipment.
6. Additions and Modifications. If, at any time during the Term, Customer upgrades, modifies, or adds equipment, Customer shall promptly notify Company and provide Company right of first refusal to provide Services for added equipment. Company maintains the right to inspect any upgrades and modifications to Equipment and/or additional equipment and, in its sole discretion, determine whether equipment is eligible for Services.
If approved for Services, the Agreement will be amended to include such changes, including pricing modifications. All networked devices must be set up with our monitoring app for meters and Supplies. Any devices not under contract will be added automatically to the account for the listed rate. If our monitoring software is not reporting, the customer must work with us to resolve the issue as soon as possible.
7. Term and Payment. Except as may otherwise be provided for herein, this Agreement is non-cancellable and shall remain in effect throughout the Term; and, unless notified in writing sixty (60) days prior to its expiration, this Agreement shall automatically renew for 12 months. The Company reserves the right to terminate upon thirty days written notice. In the event the fees herein are included in Customer’s lease payment, the Term shall run concurrently with the lease agreement and be subject to the renewal provisions provided for therein. The meter count at installation or, in the case of owned printers, at assessment, will be used for meter/overages calculations. Customer agrees to pay Company all amounts due within thirty days of the date of Company’s invoice or, if the parties have agreed the third-party lessor will collect the service fees due under this Agreement on behalf of Company, in accordance with the applicable lease agreement, and all other sums when due and payable. Any Monthly Payment entitles Customer to Services and Supplies for a specific number and type (i.e. black & white, color, scan) of Prints/Copies as identified on the Cover Page and will be billed in advance. In addition, Customer agrees to pay the Overage Rate for each Print/Copy that exceeds the applicable number and type of Prints/Copies provided in the Minimum Monthly Payment which amount shall be billed in arrears and is payable as indicated on the Cover Page. A Print/Copy is defined as standard 8.5”x11” copy. No credit will be applied towards unused copies/prints. Customer’s obligation to pay all sums when due shall be absolute and unconditional and is not subject to any abatement, offset, defense or counterclaim. If any payment is not received by Company within fifteen (15) days of its due date, Company may charge, and Customer will pay a late fee of 5% of the amount due or $25, whichever is greater (or such lesser rate as is the maximum allowable by law). Company has the right to withhold Services and Supplies, without recourse, for any non-payment. Unless otherwise stated on the Cover Page, Company may increase the Base Charge and/or the Overage Rates on an annual basis, in an amount not to exceed 20%. Company retains the right to have all or some of the amounts due hereunder billed and/or collected by third parties. If Customer requires any specialized billing procedure or invoicing, Company reserves the right to bill an administrative fee, in accordance with Company’s currently published fee schedule, which is subject to change from time to time.
8. Taxes. Payments are exclusive of all state and local sales, use, excise, privilege and similar taxes, if any. You will be responsible for, indemnify and hold Company harmless from, all applicable taxes, fees or charges (including sales, use, personal property and transfer taxes (other than net income taxes), plus interest and penalties) assessed by any governmental entity on you, the Equipment, this Agreement, or the amounts payable hereunder (collectively, “Taxes”), unless you timely provide continuing proof of your tax exempt status. Customer will pay when due, either directly to the taxing authority or to Company upon demand, all taxes, fines and penalties relating to this Agreement that are now or in the future assessed or levied, except for taxes levied upon Company’s income.
9. Applicable Laws. Both Parties agree that they will comply with all applicable laws and regulations during the Term.
10. Limited License to Use Software. Company grants (and is authorized by its licensor’s to grant) Customer a non-exclusive, non-transferable license to use in the U.S.: (a) software and accompanying documentation ("Base Software”) only with the Equipment with which it was delivered; and (b) Software that is set forth as a separate line item in this Agreement (“Application Software”) (including its accompanying documentation), as applicable, for as long as Customer is current in the payment of all applicable software license fees. "Base Software" and "Application Software" are referred to collectively as "Licensed Software". Customer has no other rights and may not: (1) distribute, copy, modify, create derivatives of, decompile, or reverse engineer Licensed Software; (2) activate Licensed Software delivered with the Equipment in an inactivated state; or (3) allow others to engage in same. Title to, and all intellectual property rights in, Licensed Software will reside solely with Company and/or its licensors (who will be considered third-party beneficiaries of this Section). Licensed Software may contain code capable of automatically disabling the Equipment. Disabling code may be activated if: (x) Company is denied access to periodically reset such code; (y) Customer is notified of a default under this Agreement; or (z) Customer’s license is terminated or expires. The Base Software license will terminate: (i) if Customer no longer uses or possesses the Equipment; or (ii) upon the expiration or termination of this Agreement, unless Customer has exercised its option to purchase the Equipment. Neither Company nor its licensors warrant that Licensed Software will be free from errors or that its operation will be uninterrupted. The foregoing terms do not apply to Diagnostic Software or to Licensed Software/documentation accompanied by a clickwrap or shrinkwrap license agreement or otherwise made subject to a separate license agreement.
11. Diagnostic Software. Software used to evaluate or maintain the Equipment ("Diagnostic Software") is included with the Equipment. Diagnostic Software is a valuable trade secret of Company or its Licensors. Title to Diagnostic Software will remain with Company or its licensors. Company does not grant Customer any right to use Diagnostic Software, and Customer will not access, use, reproduce, distribute or disclose Diagnostic Software for any purpose (or allow third parties to do so). Customer will allow Company reasonable access to the Equipment to remove or disable Diagnostic Software if Customer is no longer receiving Service from Company, provided that any on-site access to Customer's facility will be during Customer's standard business hours.
12. Software Support. Except for Application Software identified as "No Svc." on the Cover Page, Company (or a designated servicer) will provide the software support set forth below ("Software Support"). For Base Software for Equipment, Software Support will be provided during the initial Term and any renewal period but in no event longer than 5 years after Company stops taking customer orders for the subject model of Equipment. For Application Software, Software Support will be provided as long as Customer is current in the payment of all applicable software license and support fees. Company will maintain a web-based or toll-free hotline during Company’s standard working hours to report Licensed Software problems and answer Licensed Software-related questions. Company, either directly or with its vendors, will make reasonable efforts to: (a) assure that Licensed Software performs in material conformity with its user documentation; (b) provide available workarounds or patches to resolve Licensed Software performance problems; and (c) resolve coding errors for (i) the current Release and (ii) the previous Release for a period of 6 months after the current Release is made available to Customer. Company will not be required to provide Software Support if Customer has modified the Licensed Software. New releases of Licensed Software that primarily incorporate compliance updates and coding error fixes are designated as "Maintenance Releases" or "Updates". Maintenance Releases or Updates that Company may make available will be provided at no charge and must be implemented within six months. New releases of Licensed Software that include new content or functionality ("Feature Releases") will be subject to additional license fees at then-current pricing. Maintenance Releases, Updates and Feature Releases are collectively referred to as "Releases". Each Release will be considered Licensed Software governed by the Software License and Licensed Software Support provisions of this Agreement (unless otherwise noted). Implementation of a Release may require Customer to procure, at Customer’s expense, additional hardware and/or software from Company or another entity. Upon installation of a Release, Customer will return or destroy all prior Releases.
CEC approved Ver.1.7.1 Effective 9/3/2024 Page 4 of 10
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**initials**
13. INTELLECTUAL PROPERTY.
a. CUSTOMER’S CONTENT AND CUSTOMER ASSETS. Customer represents and warrants that it owns the customer assets and its content and materials provided to Company in connection with this Agreement or otherwise has the right to authorize Company to perform the Services hereunder. Customer represents and warrants that such content and materials do not, and shall not, contain any content that (i) is libelous, defamatory or obscene and/or (ii) infringes on or violates any applicable laws, regulations or rights of a third party, including without limitation, export laws, or any proprietary, intellectual property, contract, moral or privacy right or any other third party right.
b. XEROX TOOLS. “Xerox Tools” means certain Xerox proprietary tools (including any modifications, enhancements and derivative works) used by Company to provide certain Services Xerox and its licensors will at all times retain all right, title and interest in and to Xerox Tools including without limitation, all intellectual property rights therein, and, except as expressly set forth herein or as set forth in a Statement of Work (SOW) where limited access to the Xerox Device Manager (XDM) may be granted for a specific purpose, no rights to use, access or operate the Xerox Tools are granted to Customer. Xerox Tools will be installed and operated only by Company or its authorized agents. If required for royalty reporting purposes, Company may disclose Customer’s name and address to Xerox and/or the third-party licensor of certain Xerox Tools. Customer will not decompile or reverse engineer any Xerox Tools, or allow others to engage in same. Customer will have access to reports generated by the Xerox Tools and stored in a provided database as set forth in the applicable SOW. Company may remove Xerox Tools at any time in Company’s sole discretion, provided that the removal of Xerox Tools will not affect Company’s obligations to perform Services, and Customer shall reasonably facilitate such removal. If Xerox Tools are included as part of the Services, they may be used by Customer only in conjunction with such Services. c. LIMITED LICENSE TO ASSESSMENTS AND REPORTS. Customer may duplicate and distribute assessments and/or reports prepared by Company pursuant to this Agreement only for Customer’s internal business purposes. Any recommendations and processes described in assessments and/or reports may only be implemented by Company for Customer and, if implemented, used by Customer only for Customer’s internal business purposes.
d. NO GRANTS TO CUSTOMER. Customer agrees that, except as set forth expressly in this Agreement, no other rights or licenses are granted to Customer. Further, the rights granted to Customer in this Section shall immediately terminate if Customer defaults hereunder with respect to any of its obligations related to such grant.
14. CONFIDENTIAL INFORMATION. Information exchanged under this Agreement will be treated as confidential if it is identified as confidential at disclosure or if the circumstances of disclosure would indicate to a reasonable person that the information should be treated as confidential (“Confidential Information”). The terms and conditions of this Agreement are Confidential Information of Company and Customer, and each party agrees not to disclose any of the foregoing without the other party’s prior written consent. Confidential Information will be protected using a reasonable degree of care to prevent unauthorized use or disclosure for two (2) years from the termination or expiration of this Agreement under which such Confidential Information was disclosed, whichever occurs later; provided, however, confidentiality with respect to trade secrets and Xerox Tools will not expire. These obligations of confidentiality will not apply to any Confidential Information that: (1) was in the public domain prior to, at the time of, or subsequent to the date of disclosure through no fault of the receiving party; (2) was rightfully in the receiving party’s possession or the possession of any third party free of any obligation of confidentiality; (3) was developed by the receiving party’s employees independently of and without reference to any of the other party’s Confidential Information; or (4) where disclosure is required by law or a government agency. Upon expiration or termination of this Agreement, each party will return to the other or, if requested, destroy, all Confidential Information of the other in its possession or control, except such Confidential Information as may be reasonably necessary to exercise rights that survive termination of this Agreement.
15. Warranty. Customer acknowledges that the Products covered by this Agreement were selected by Customer based upon its own judgment. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT; IMPLIED WARRANTIES OF MERCHANTABILITY; OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE SPECIFICALLY AND UNRESERVEDLY EXCLUDED.
16. LIMITATION OF LIABILITY. IN NO EVENT, SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND IRRESPECTIVE OF WHETHER COMPANY HAS NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER FOR ANY DIRECT DAMAGES IN EXCESS OF THE FEES PAID FOR SERVICES UNDER THIS AGREEMENT BY CUSTOMER TO COMPANY DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.
17. Default; Remedies. Any of the following events or conditions shall constitute an Event of Default under this Agreement: (a) failure by Customer to make payment when due of any indebtedness to Company or for the Products, whether or not arising under this Agreement, without notice or demand by Company; (b) breach by Customer of any obligation herein; or (c) if Customer ceases doing business as a going concern. If Customer defaults, Company may: (1) require future Services, including Supplies, be paid for in advance, (2) require Customer to immediately pay the amount of the remaining unpaid balance of the Agreement, (3) terminate any and all agreements with Customer, and/or (4) pursue any other remedy permitted at law or in equity. In the Event of Default, remaining payment amounts due will be calculated using the average of the last six months’ billing or the amount set forth on the face of the Agreement, whichever is greater, multiplied by the remaining months of the Agreement, to compensate for loss of bargain and not as a penalty. Customer agrees that any delay or failure of Company to enforce its rights under this Agreement does not prevent Company from enforcing any such right at a later time. All of Company’s rights and remedies survive the termination of this Agreement. In the event of a dispute arising out of this Agreement or the Products listed herein, should it prevail, Company shall be entitled to collection of its reasonable costs and attorneys’ fees incurred in defending or enforcing this Agreement, whether or not litigation is commenced.
18. Assignment. Customer may not sell, transfer, or assign this Agreement without the prior written consent of Company. Company may sell, assign or transfer this Agreement.
19. Notices. All notices required or permitted under this Agreement shall be by overnight courier such party at the address set forth in this Agreement, or at such other address as such party may designate in writing from time to time. Any notice from Company to Customer shall be effective two days after it has been sent via overnight courier.
20. Indemnification. Each party, if promptly notified by the other and given the right to control the defense, shall indemnify, defend and hold harmless the other party, its affiliates, and their respective officers, directors, employees, agents, successors and assigns, from and against all claims by a third party for losses, damages, costs or liability of any kind (including expenses and reasonable legal fees) that a court finally awards such party (“Claims”) for bodily injury (including death) and damage to real or tangible property, to the extent proximately caused by the negligent acts or omissions, or willful misconduct of the indemnifying party (or its affiliates) in connection with this Agreement.
21. Fax/Electronic Execution. A faxed or electronically transmitted version of this Agreement may be considered the original and Customer will not have the right to challenge in court the authenticity or binding effect of any faxed or scanned copy or signature thereon. This Agreement may be signed in counterparts and all counterparts will be considered and constitute the same Agreement.
22. Warranty to Execute. Each party represents and warrants to the other, as an essential part of this Agreement, that: (i) it is duly organized and validly existing and in good standing under the laws of the state of its incorporation or formation; (ii) this Agreement has been duly authorized by all appropriate corporate action for signature; and (iii) the individual signing this Agreement is duly authorized to do so.
23. Miscellaneous. (a) Choice of Law. This Agreement shall be governed by the laws of the state of CA (without regard to the conflict of laws or principles of such states); (b) Jury Trial. CUSTOMER EXPRESSLY WAIVE TRIAL BY JURY AS TO ALL ISSUES ARISING OUT OF OR RELATED TO THIS AGREEMENT; (c) Entire Agreement. This Agreement constitutes the entire agreement between the parties with regards to the subject matter herein and supersedes all prior agreements, proposals or negotiations, whether oral or written; (d) Enforceability. If any provision of this Agreement is unenforceable, illegal or invalid, the remaining provisions will remain in full force and effect; (e) Amendments. This Agreement may not be amended or modified except by a writing signed by the parties; provided Customer agrees that Company is authorized, without notice to Customer, to supply missing information or correct obvious errors provided that such change does not materially alter Customer’s obligations; (f) Force Majeure. Company shall not be responsible for delays or inability to provide Products or Services caused directly or indirectly by strikes, accidents, climate conditions, parts availability, unsafe travel conditions, or other reasons beyond Company’s control.
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PRODUCT SCHEDULE (SCHEDULE A)
This Product Schedule/Schedule A is attached to and becomes part of the Agreement between the Company and the undersigned Customer.
PRODUCTS
QTY MFG / MODEL DESCRIPTION ID# SERIAL
NUMBER
STARTING
BLACK
METER
STARTING
COLOR
METER
LOCATION METER
POOLS PRICE TOTAL PRICE
3 AltaLink C8270H2
AltaLink C8270H2 with BR
Finisher w/ 2/3 Hole Punch
(BRF-81), High Capacity
Feeder- 3000 sheets
A4/Letter (HCF3K)
CITY OF
LAKE
FOREST
100 CIVIC
CENTER
DRIVE
LAKE
FOREST, CA
92630
B&W: Pool
#1
Color: Pool
#1 $5,596.34
$16,789.0
2 5 AltaLink C8270H2
AltaLink C8270H2 with BR
Finisher w/ 2/3 Hole Punch
(BRF-81)
CITY OF
LAKE
FOREST
100 CIVIC
CENTER
DRIVE
LAKE
FOREST, CA
92630
B&W: Pool
#1
Color: Pool
#1 $4,952.50
$24,762.5
0 1 AltaLink C8270H2
AltaLink C8270H2 with BR
Finisher w/ 2/3 Hole Punch
(BRF-81)
CITY OF
LAKE
FOREST
28000
RANCHO
PARKWAY
LAKE
FOREST, CA
92630
B&W: Pool
#1
Color: Pool
#1 $4,952.50 $4,952.50
1 HP M601dn BW
Printer
(Service Only) Civic Center
Admin 2nd Floor
Management Services null 2 0 0
100 Civic
Center Dr
Lake Forest
CA 92630
B&W: MPS
Pool #1
1 HP M479FDW CLJ
MFP
(Service Only) Civic Center
Admin 1st Floor Public
Works Management
Assistant null 3 0 0
100 Civic
Center Dr
Lake Forest
CA 92630
B&W: MPS
Pool #1
Color: MPS
Pool #1
1 HP 1022 BW Printer
(Service Only) Civic Center
Admin 2nd Floor City
Manager null 4 0 0
100 Civic
Center Dr
Lake Forest
CA 92630
B&W: MPS
Pool #1
1 HP P2035 BW
Printer
(Service Only) Civic Center
Admin 1st Floor Building
Inspector null 1 0 0
100 Civic
Center Dr
Lake Forest
CA 92630
B&W: MPS
Pool #1
1 HP M479FDW CLR
MFP
(Service Only) Civic Center
Community Center
Community Center Office null 5 0 0
100 Civic
Center Dr
Lake Forest
CA 92630
B&W: MPS
Pool #1
Color: MPS
Pool #1
1 HP M479FDW CLR
MFP
(Service Only) Civic Center
Admin 2nd Floor Finance null 6 0 0
100 Civic
Center Dr
Lake Forest
CA 92630
B&W: MPS
Pool #1
Color: MPS
Pool #1
1 HP M479FDW CLR
MFP
(Service Only) Civic Center
Admin 1st Floor Building
Counter null 7 0 0
100 Civic
Center Dr
Lake Forest
CA 92630
B&W: MPS
Pool #1
Color: MPS
Pool #1
1 HP M608N BW
Printer
(Service Only) Civic Center
Admin 2nd Floor Finance null 8 0 0
100 Civic
Center Dr
Lake Forest
CA 92630
B&W: MPS
Pool #1
CEC approved Ver.1.7.1 Effective 9/3/2024 Page 6 of 10
Initials
**initials**
1 HP M479FDW CLR
MFP
(Service Only) Civic Center
Admin 2nd Floor Deputy
City Manager null 9 0 0
100 Civic
Center Dr
Lake Forest
CA 92630
B&W: MPS
Pool #1
Color: MPS
Pool #1
1 HP M477FNW CLR
MFP
(Service Only) Civic Center
Admin 1st Floor City Clerk null 10 0 0
100 Civic
Center Dr
Lake Forest
CA 92630
B&W: MPS
Pool #1
Color: MPS
Pool #1
1 HP M604N BW
Printer
(Service Only) Civic Center
Admin 2nd Floor Finance null 11 0 0
100 Civic
Center Dr
Lake Forest
CA 92630
B&W: MPS
Pool #1
1 HP M130FN BW
MFP
(Service Only) Civic Center
Admin 1st Floor Police
Services null 12 0 0
100 Civic
Center Dr
Lake Forest
CA 92630
B&W: MPS
Pool #1
1 HP M479FDW CLR
MFP
(Service Only) Civic Center
Admin 2nd Floor Executive
Assistant null 13 0 0
100 Civic
Center Dr
Lake Forest
CA 92630
B&W: MPS
Pool #1
Color: MPS
Pool #1
1 HP M653DN CLR
Printer
(Service Only) Civic Center
Admin 1st Floor Public
Works Admin Specialist null 14 0 0
100 Civic
Center Dr
Lake Forest
CA 92630
B&W: MPS
Pool #1
Color: MPS
Pool #1
1 HP 1022 BW Printer
(Service Only) Civic Center
Admin 1st Floor Code
Enforcement Supervisor null 15 0 0
100 Civic
Center Dr
Lake Forest
CA 92630
B&W: MPS
Pool #1
1 HP M451 CLR
Printer
(Service Only) Civic Center
Admin 1st Floor EOC null 16 0 0
100 Civic
Center Dr
Lake Forest
CA 92630
B&W: MPS
Pool #1
Color: MPS
Pool #1
1 HP M454DN CLR
Printer
(Service Only) Civic Center
Admin 1st Floor Police
Services STARS null 17 0 0
100 Civic
Center Dr
Lake Forest
CA 92630
B&W: MPS
Pool #1
Color: MPS
Pool #1
1 HP M477FNW CLR
MFP
(Service Only) Civic Center
Senior Center Front Desk null 18 0 0
100 Civic
Center Dr
Lake Forest
CA 92630
B&W: MPS
Pool #1
Color: MPS
Pool #1
1 HP M652 CLR
Printer
(Service Only) Civic Center
Admin 1st Floor
Community Development
Admin Specialist null 19 0 0
100 Civic
Center Dr
Lake Forest
CA 92630
B&W: MPS
Pool #1
Color: MPS
Pool #1
1 HP CP1525NW CLR
Printer
(Service Only) Civic Center
Admin 1st Floor
Community Development
Management Analyst null 20 0 0
100 Civic
Center Dr
Lake Forest
CA 92630
B&W: MPS
Pool #1
Color: MPS
Pool #1
1 HP M501DN BW
Printer
(Service Only) Civic Center
Admin 1st Floor Public
Works null 21 0 0
100 Civic
Center Dr
Lake Forest
CA 92630
B&W: MPS
Pool #1
1 HP M404N BW
Printer
(Service Only) Civic Center
Admin 2nd Floor Human
Resources null 22 0 0
100 Civic
Center Dr
Lake Forest
CA 92630
B&W: MPS
Pool #1
1 Epson STC2100
INKJET MFP
(Service Only) Civic Center
Senior Center Computer
Lab null 23 0 0
100 Civic
Center Dr
Lake Forest
CA 92630
B&W: MPS
Pool #1
Color: MPS
Pool #1
1 HP M283FDW CLR
MFP
(Service Only) Skate Park
Back Office null 24 0 0
100 Civic
Center Dr
Lake Forest
CA 92630
B&W: MPS
Pool #1
Color: MPS
Pool #1
CEC approved Ver.1.7.1 Effective 9/3/2024 Page 7 of 10
Initials
**initials**
1 HP 4001DN BW
Printer
(Service Only) Skate Park
Front Office null 25 0 0
100 Civic
Center Dr
Lake Forest
CA 92630
B&W: MPS
Pool #1
1 HP M452NW CLR
Printer
(Service Only) Sports Park
Back Office null 26 0 0
28000 Rancho
Parkway Lake
Forest CA
92630
B&W: MPS
Pool #1
Color: MPS
Pool #1
Subtotal $46,504.
02 CUSTOMER ACCEPTANCE
By executing this agreement, I acknowledge that I have read and understand this agreement and I certify that I am authorized to execute this agreement on behalf of customer.
Authorized signature acknowledges terms / conditions and expiration dates or meter readings. The terms and conditions on the face and reverse side of this agreement correctly set forth the entire agreement between parties.
AUTHORIZED CUSTOMER SIGNATURE: **signature** TITLE: **title** SIGNER’S NAME (PRINTED): **fullname** DATE: **datesigned** COMPANY SALES: **signature2** DATE: **datesigned2**
CEC approved Ver.1.7.1 Effective 9/3/2024 Page 8 of 10
Initials
**initials**
XEROX® ADVANCED MANAGED PRINT SERVICES STATEMENT OF WORK THIS XEROX® ADVANCED MANAGED PRINT SERVICES STATEMENT OF WORK (''AMPS SOW'' or ''this SOW'') is hereby attached to and made a part of the SSA and/or MSA (''Agreement'') entered into by and between MRC Smart Technology Solutions, Inc. (''Company') and CITY OF LAKE FOREST (''Customer''), collectively the ''Parties'', to add the AMPS as further described herein. The effective date of this AMPS SOW is 10/09/2024. Except as expressly set forth herein, the Agreement’s terms and conditions are incorporated herein and shall govern the provision of AMPS pursuant to this AMPS SOW.
1. DEFINED TERMS - Terms defined within the Agreement and used herein shall have the meaning set forth in the Agreement unless expressly set forth otherwise below.
Company – Refers to the Company identified in the Agreement and referenced above, and operationally may include or refer to its affiliates executing Services on its behalf.
In-Scope AMPS Equipment – AMPS-Eligible Equipment installed in the Sites and managed by Company as defined by the Xerox Tools under this AMPS SOW.
Xerox® Advanced Managed Print Services (AMPS) – Services provided by Company under this XPSAS SOW on In-Scope AMPS Equipment, which include proactive meter reads, proactive Supplies requests, and proactive break/fix requests.
Xerox® Support Assistant – An app running on a Xerox ConnectKey printer that shows the user the status of AMPS Incidents, and enables the user to raise new Incidents or submit meter reads into the AMPS process.
2. SERVICES DESCRIPTION – AMPS provides proactive meter reads, proactive Supplies requests, and proactive break/fix requests for In-Scope AMPS Equipment.
a. Company shall operate the Xerox’s Service Desk Support during Company’s normal business hours on Company’s business days. Service Desk Support includes receipt of Service Calls by service provider. Service Calls may be generated from automatic alerts from In-Scope Devices (Proactive Service Call) or from the web portal by a Customer or Reseller or by telephone (Reactive Service Call). b. To enable Company to provide the expected proactive Services and Supplies, Customer agrees to the use of a monitoring tool (see Xerox Tools). Customer ensures the selected tool continues to run and/or connects to their network and devices. Company is available for technical support of that tool, and the operation and maintenance of any Cloud component.
c. If the chosen device management solution is Xerox Workplace Cloud Fleet Management ('CFM'), then by agreeing to this AMPS SOW You also agree to terms as defined in the following end user licensing agreement, as well as any periodic updates thereto, relating to the use of Xerox Tools to deliver the AMPS covered in this AMPS SOW. Company and/or Xerox Corporation reserve the right to update these terms at any time. www.xerox.com/downloads/usa/en/x/XWC-and-CFM-Terms-of-Service-and-EULA.pdf For other solutions, Terms and Conditions will be presented in the tool User Interface itself during implementation.
3. XEROX TOOLS - Company may utilize one or more of the following Xerox Tools to provide AMPS:
a. Xerox Workplace Cloud Fleet Management solution (''CFM'') – software that provides device data for monitoring of supplies, break/fix and meters and allows policy-based compliance to automate print fleet security; remote setting configuration; and security, patch and password management. b. Xerox Device Agent (''XDA'') is an application that enables the monitoring and assessment of the status and output of In-Scope Devices.
c. Xerox Device Manager (''XDM'') - an application that enables the monitoring and assessment of the status and output of In-Scope Devices.
d. Xerox Device Direct (''XDD'') - an application is embedded in the firmware of certain devices that allows In-Scope AMPS Equipment to automatically communicate Device Data to Xerox for monitoring purposes.
CEC approved Ver.1.7.1 Effective 9/3/2024 Page 9 of 10
Initials
**initials**
e. Xerox Services Manager (''XSM'') – a Web-based application providing Company with data enabling centralized asset tracking; device and supplies monitoring; and break/fix incident management. f. Xerox Report Manager (''XRM'') - an application that allows standard and custom reporting from XSM. g. Fleet Management Portal (''FMP'') - an online portal that provides program and device status and analytics. h. Xerox MPS Advanced Analytics (''MPS AA'') - a cloud-based reporting tool that presents data in a business intelligence format
4. TERM - Unless otherwise stated herein or in the Agreement, the term of this AMPS SOW shall be the same as the Term of the Agreement.
5. CHARGES – Charges for AMPS are set forth in the signed Agreement to which this AMPS SOW is attached and are exclusive of any and all applicable Taxes.
6. CHANGES – To the extent that the Parties wish to add or make modifications to this AMPS SOW, all such changes will be documented in a AMPS SOW Amendment signed by both Parties.
7. ADDITIONAL TERMS AND CONDITIONS SPECIFIC TO AMPS SOW – a. ADDITIONAL WARRANTY DISCLAIMER – IN ADDITION TO THE WARRANTIES AND DISCLAIMERS IN THE AGREEMENT, THE FOLLOWING SHALL APPLY TO AMPS: EXCEPT AS STATED IN THE AGREEMENT,
COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, REGARDING THE
PERFORMANCE OF AMPS , AND COMPANY DOES NOT WARRANT THAT AMPS WILL BE COMPATIBLE WITH ALL OF CUSTOMER’S SOFTWARE, OR WILL MEET CUSTOMER’S REQUIREMENTS, OR WILL BE ERROR FREE.
If there is a conflict between the contents of the Agreement and this AMPS SOW, this SOW shall control but only with respect to the provision of AMPS.
The terms and conditions of this AMPS SOW apply only to the provision of the AMPS, and do not affect, amend, or modify any of the provision of any other Services under the Agreement. * Signature Page Follows *
MRC Smart Technology Solutions, Inc. CITY OF LAKE FOREST Print Name:
_________________________________
Print Name: **fullname**
__________________________________
Print Title:
_________________________________
Print Title: **title**
_________________________________
Sign: **signature2**
_________________________________
Sign: **signature**
__________________________________
Date: **datesigned2**
_________________________________
Date: **datesigned**
__________________________________
CEC approved Ver.1.7.1 Effective 9/3/2024 Page 10 of 10 Initials
**initials**
Appendix 1 - Service Desk Support Activities - Table One Activity Service Desk
Support
Xerox/XBS
Receive and log Service Call in Fleet Management Portal (FMP) ✔ Monitor Proactive Service alerts *** on network connected compliant In-Scope Devices with fault reporting capability
✔
Collect and log Call Data* ✔
Undertake basic diagnosis including web troubleshooting processes via Remote Call Assist (RCA) where the In Scope Device contains features that enable remote diagnosis and repair of problems and log activity
✔
Validate requests for consumables against entitlement, e.g., volume and order history
✔
Escalation to Level 2 Support within XSM with Call Data if RCA is unsuccessful ✔ Arrange shipment of Consumable to Customer ✔
Arrange advanced remote diagnosis with Customer upon Service Call using RCA and log activity on XSM
✔
Follow up daily on progress of Service Call (Level One Support/Level Two Support follow up on the tickets owned at that stage)
✔
Log activities on open ticket on XSM (by the Level that owns the ticket at that stage) ✔ Close ticket (by the Level that owns the ticket at that stage) ✔ * Call Data means Asset Tag Number (required); Serial Number (required); Customer Service Centre/Customer end user name (required); Customer Service Centre/Customer end user contact number; (required); Incident statement (required); Fault Type (required where break fix incident), Customer Service Centre/Customer end user email address; Device location; Internal reference number (if applicable); and meter reads. Call Data is Customer Data Assumptions:
*** Advanced MPS Services, pro-active supplies and break/fix support, proper functioning of and data availability for the Xerox Tools and performance levels are dependent on active monitoring tools, such as XDA, XDM, XDD or CFM. It’s the Customer’s responsibility to keep such tools connected to the in-scope devices.
AMENDMENT TO
SALES AND SERVICE AGREEMENT
THIS AMENDMENT 1 (“Amendment 1”) amends the Sales and Service Agreement (“Agreement”) between [XBS] (“Company”) and City of Lake Forest (“Customer”), dated __________, 2024. Capitalized terms used herein have the same meaning as set forth in the Agreement.
1. Section 4 (Services) – This section revised to remove the reference to "staples" and to delete the sentence " Unless otherwise stated herein, Customer will be billed for shipping, including, but not limited to, UPS Ground, Overnight, and/or Messenger Service per billing period or per shipment based on number of products." This section revised to read:
4. Services. This Agreement covers both the labor and materials for adjustments, repairs, and replacement of parts necessitated by normal use of the Equipment. Unless otherwise stated on the Cover Page, Services do not include the following: (a) repairs due to (i) misuse, neglect, or abuse (including, without limitation, improper voltage or use of supplies that do not conform to the manufacturers’ specifications), (ii) use of options, accessories, products, supplies not provided by Company; (iii) non-Company alterations, relocation, or service; and/or (iv) loss or damage resulting from accidents, fire, water, or theft; (b) maintenance requested outside Company’s normal business hours or this Agreement, (c) relocation, (d) software or connected hardware, (e) hard drive replacement, (f) MICR Toner for Laser Printers, and parts and labor for all nonlaser printers, and/or (g) parts for Scanners. Company reserves the right, at its sole discretion, to replace Equipment with Equipment of similar or better conditions and features, rather than providing on-site Service support. Replacement parts may be new, reprocessed, or recovered. Supplies provided by Company are in accordance with the copy volumes set forth on the Cover Page and within the manufacturer’s stated yields, and does not include or paper. Supplies are to be used exclusively for the Equipment and remain Company property until consumed. Customer will return, or allow Company to retrieve, any unused supplies at the termination or expiration of this Agreement.
Customer is responsible for the cost of excess supplies. Supplies will be shipped to Customer via UPS Ground, or another method selected by Company. Additional fees may be charged for Services provided outside Company’s standard business hours or for computer/network issues and will be at Company hourly rates in effect at the time of such Services. Equipment may be supported and serviced using data that is automatically collected by Company from the Equipment via electronic transmission from the Equipment to a secure off-site location. Examples of automatically transmitted data include product registration, meter read, supply level, Equipment configuration and settings, software version, and problem/fault code data. All such data will be transmitted in a secure manner specified by Company. The automatic data transmission capability does not permit Company to read, view or download any Customer data, documents or other information residing on or passing through the Equipment or Customer's information management systems. Services may be delivered by Company’s
AMENDMENT TO
SALES AND SERVICE AGREEMENT
Affiliates and/or Subcontractors, at Company’s sole discretion. Unless otherwise agreed to in writing, Customer remains solely responsible to secure any sensitive data and permanently delete such data from the internal media storage prior to removal of Equipment or termination of this Agreement. Company has no obligation to maintain Equipment beyond the “End of Service” for that particular model of Equipment. End of Service (“EOS”) means the date announced by manufacturer after which Company will no longer offer Services for a particular Equipment model. Company reserves the right to discontinue Service upon thirty days written notice for any Equipment for which parts and/or Supplies are no longer available, or are not available on commercially reasonable terms.
Except as expressly set forth herein, all other terms and conditions of the Agreement remain unchanged and in full force and effect. Any handwritten, typed, or “red-lined” additions and/or deletions on the terms and conditions of the Agreement are null and void and of no force or effect. The changes contained in this Addendum shall apply only to the Agreement to which it is incorporated and are not a precedent for future transactions.
XXX City of Lake Forest
Name (Please Print) Name (Please Print)
Signature Signature
Title Title
Date Date
ATTACHMENT 2
MAINTENANCE AGREEMENT FOR MANAGED PRINT SERVICES
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
City of Lake Forest
REQUEST FOR PROPOSAL (RFP)
Maintenance Agreement for Managed Print Services
I. PARTIES AND DATE. ..............................................................................
II. RECITALS...............................................................................................
III. TERMS...................................................................................................
IV. SIGNATURES. ........................................................................................
V. EXHIBIT "A" SCOPE OF MAINTENANCE SERVICES..................................
VI. EXHIBIT "B" - SCHEDULE OF SERVICES..................................................
VII. EXHIBIT "C" - COMPENSATION..............................................................
VIII. EXHIBIT "D" - INSURANCE REQUIREMENTS...........................................
Title: Maintenance Agreement for Managed Print 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, located at 100 Civic Center Drive, Lake Forest 92630 (“City”) and MRC Smart Technology Solutions, Inc, a California Corporation (Inc.) , with its principal place of business at 5700 Warland Drive, Cypress, CA 90630 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.” Title: Maintenance Agreement for Managed Print Services 4 2. RECITALS.
2.1. Contractor.
Contractor desires to perform and assume responsibility for the provision of certain Managed Print maintenance services required by the City which shall be performance in accordance with the terms and conditions set forth in this Agreement and all plans, specifications and other contract documents attached to or incorporated into this Agreement. Contractor represents that it is experienced in providing Managed Print maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that it is familiar with the plans of City.
2.2. Project.
City desires to engage Contractor to render such services for the Managed Print Services project (“Project”) as set forth in this Agreement.
Title: Maintenance Agreement for Managed Print Services 5 3. TERMS.
3.1. Scope of Services and Term.
3.1.1 General Scope of Services. Contractor 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 Managed Print maintenance 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 November 1, 2024 to October 31, 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. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2. Responsibilities of Contractor.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor 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 Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees or agents, except as set forth in this Agreement.
Contractor 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. Contractor 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. Contractor shall perform the Services expeditiously, within the term of this Agreement. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates Keith Neves, Assistant 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 Contractor but not the Title: Maintenance Agreement for Managed Print Services 6 authority to enlarge the Scope of Work or change the total compensation due to Contractor under this Agreement. The City’s 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 Contractor’s total compensation, subject to the provisions contained in Section 3.3 of this Agreement. Contractor shall not accept direction or orders from any person other than the City Manager, City’s Representative or his/her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Marcia Quo-Schmidt, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his 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.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, Contractors and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the discipline necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors 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, Contractor 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 Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors 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 Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents 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.
Title: Maintenance Agreement for Managed Print Services 7 3.2.9 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor 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 as 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 subcontractors, 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.
3.2.10 Labor
3.2.10.1 Prevailing Wages. Contractor 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, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor 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 Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.2.10.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code sections 1725.5 and 1771.1, Contractor and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. 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. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.2.10.3 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 Contractor shall therefore comply with such Labor Code sections to the fullest extent required by law.
3.2.11 Insurance. Contractor agrees to procure and maintain, at Contractor’s expense all insurance specified in Exhibit “D” attached hereto and by this reference incorporated herein. Contractor Title: Maintenance Agreement for Managed Print Services 8 shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.
3.2.13 Water Quality Management and Compliance.
3.2.13.1 Storm Water Management. Storm, surface, ground, nuisance, or other waters may be encountered at various times during the Services. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
3.2.13.2 Compliance with Water Quality Laws, Ordinances and Regulations. Contractor 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 discharges of 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. Contractor shall 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, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.
3.2.13.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulations listed in paragraph 3.2.13.2, Contractor must comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”) and the City of Lake Forest Local Implementation Plan (“LIP”). Both documents contain Model Maintenance Procedures with Best Management Practices (“BMPs”). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, stormwater runoff, and receiving water quality. Contractor shall be familiar the DAMP, and the LIP and shall 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
3.2.13.4 Standard of Care. Contractor 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 3.2.13.2 and 3.2.13.3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding the requirements of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement as they may relate to the Services.
3.2.13.5 Liability for Non-compliance.
Title: Maintenance Agreement for Managed Print Services 9 (A) Indemnity: Failure to comply with laws, regulations, standards and ordinances listed in Sections 3.2.13.2, 3.2.13.3, and 3.2.13.4 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all third party 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 in Sections 3.2.13.2, 3.2.13.3, and
3.2.13.4 of this Agreement 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 Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor 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 Contractor for delay in completing the Services caused by Contractor’s failure to comply with the laws, regulations, policies and standards described in Sections 3.2.13.2, 3.2.13.3 and 3.2.13.4 of this Agreement, or any other relevant water quality law, regulation, or policy.
(D) City shall provide Contractor written notice of any claim or action and allow Contractor to select attorneys of its own choice to appear and defend the claim or action. Contractor shall be responsible for its equitable share of any claims, liabilities, judgments, costs, and expenses based on Contractor's relative culpability.
3.3. Fees and Payments.
3.3.1 Compensation. Contractor 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 FIFTYFOUR THOUSAND THREE HUNDRED AND FIFTEEN DOLLARS ($54,315.00) without written approval of City’s City Council. 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. Contractor shall submit to City a monthly itemized invoice which indicates services rendered by Contractor. 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 Contractor’s fees, the City shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by Title: Maintenance Agreement for Managed Print Services 10 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. Contractor 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. Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor 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. Contractor 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.
3.5. General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.1 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.
3.5.2 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:
Contractor: MRC Smart Technology Solutions, Inc
5700 Warland Drive
Cypress, CA 90630
ATTN: Marcia Quo-Schmidt
Title: Maintenance Agreement for Managed Print Services 11 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.
3.5.3 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.
3.5.4 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.
3.5.5 State License Board Notice. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
3.5.6 Indemnification. To the fullest extent allowable by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all third 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 alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers.
3.5.7 Entire Agreement. This Agreement, the Sales and Service Agreement and Amendment 01 to the Sales and Service Agreement contain 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. In the event of conflict of terms and conditions between documents incorporated herin, the following order of precedence shall control:
a. The Sales and Services Agreement
b. Amendment 01 to the Sales and Service Agreement;
Title: Maintenance Agreement for Managed Print Services 12 c. This Agreement
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer. Contractor 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. However, Contractor reserves the right reserves the right to assign this Agreement to a parent, subsidiary, or affiliate. Such assignment shall be transparent to the City.
3.5.13 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 Contractor include all personnel, employees, agents, and subcontractors of Contractor, 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.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 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.
3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 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.
3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from Title: Maintenance Agreement for Managed Print Services 13 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.
3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor 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.
3.5.20 Labor Certification. By its signature hereunder, Contractor 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.
3.5.21 Authority to Enter Agreement. Contractor 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.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6. Subcontracting.
3.6.1 Prior Approval Required. Contractor 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.
Title: Maintenance Agreement for Managed Print Services 14 4. SIGNATURES.
4.1. SIGNATURES.
CITY OF LAKE FOREST MRC Smart Technology Solutions, Inc By: [AUTHORIZED CITY SIGNATURE]
Mark Tettemer
Mayor
By: [VENDOR SIGNATURE 1]
David Milne
Treasurer
ATTEST:
By: [CITY CLERK SIGNATURE]
Lisa Berglund
City Clerk
By: [VENDOR SIGNATURE 2]
Lisa O’Flynn
Chief Financial Officer (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]
Title: Maintenance Agreement for Managed Print Services 15 5. EXHIBIT "A" SCOPE OF MAINTENANCE SERVICES
5.1. EXHIBIT "A" SCOPE OF MAINTENANCE SERVICES
Contractor shall provide the following maintenance services relative to Managed Print for the City's Managed Print Services project.
The contractor shall provide all required maintenance on the Multi-function Devices (MFD) and cityowned printers to ensure uninterrupted use for city operations. Maintenance shall include, but is not limited to, installation, removal, preventative and repair maintenance, upgrades and provision of all supplies (e.g. toner and staples, etc.) required for use of the MFDs and printers except paper.
Preventative maintenance consists of scheduled service calls necessary to maintain the equipment in first-class operating condition (e.g., cleaning, lubricating, adjusting, and replacing parts when needed).
Remedial services consist of service calls necessary to repair equipment. Necessary repairs caused by fire, water, accident, and fluctuations in electrical power or customer abuse shall be outside the scope of work.
Response Time and Repair Credit
The contractor shall provide same-day (within 4 hours) or if after hours, the next business day service to repair and/or service equipment. City will require a per copy credit for all copies made during the course of repair testing and maintenance. The credit must appear as a separate line item on the invoices. All repair technicians dispatched to repair City MFDs for Maintenance Service shall be fully aware of the conditions contained herein. If during a repair call it is determined that a copier cannot be repaired in place within the business needs of the department (24 to 72 hours), another copier of like size and features is to be replaced at no cost other than the contract service/maintenance per copy charge in effect at the time. Contractor must maintain a staffed repair and dispatch center within a 60-mile radius of the City.
Equipment Uptime
Each device provided by the successful bidder(s) shall be expected to perform the intended functions, to operate satisfactorily and to produce acceptable copy quality for a minimum of 96% of the City's normal business hours over a consecutive three-month period. Any device or feature that does not meet the 95% measurement for any three consecutive month periods shall be replaced with new. Such replacements will be at no-charge to City. This performance guarantee shall apply for the duration of the contract.
Maintenance and Supplies
Coverage offered in each instance, is to be a full service maintenance contract including all toner, developer, fuser, oil, drums, staple cartridges, repair parts, waste containers, labor and preventative maintenance service. Contractor is not required to provide paper. Contractor must provide manufacturers’ notices of discontinuing the production of any model furnished hereunder. The equipment will require preventative maintenance and repairs. The contractor shall provide preventative and remedial maintenance service during City’s normal business hours 8:00 A.M. through 5:00 P.M. except on City holidays to keep the equipment in good working order. Preventative maintenance will be regularly scheduled and based on the specific needs of the equipment as determined by the Title: Maintenance Agreement for Managed Print Services 16 manufacturer. This schedule should be provided to each department at the beginning of the purchase.
An annual review of the contract will be part of preventative maintenance. On Call remedial maintenance will be performed on an as needed basis as determined by City and/or determined by Copier diagnostics and “call-home” features. Any printer that isn't able to repaired by On call remedial maintenance shall be replaced with a like-for-like printer. An adequate inventory of spare parts must be kept by the proposer to be available for repairs necessary to keep the copiers operating. All maintenance will be performed by fully factory trained technicians. The successful bidder shall only use OEM replacement parts and manufacturer authorized and City-approved supplies in the equipment proposed. The successful Contractor will be responsible to pickup and recycle depleted toner cartridges or supply pre-address, prepaid return labels for shipping. Please specify in your proposal, the rate for fees and charges of maintenance service should it be requested outside normal business hours to service equipment.
Managed Print Services
Contractor shall assist the City in lifecycle management of its printer fleet. Within the first three months after executing the contract, Contractor shall perform an assessment of the City’s printer fleet and deliver a written report specifying recommendations for printer replacements and other actions it considers advisable with the objective of reducing overall cost of ownership and maximizing printing availability.
On-Site Training
Within 3 business days after delivery and installation of the MFDs, the contractor shall provide training to employees on the features and usage of the MFDs. The on-site training shall cover all facets and functions of the MFDs, including but not limited to:
• MFD print/scan functions
• Network print queue/job cancellation
• Duplex copying
• Finisher processing including staples, sorting, hole punch, booklets, binding • Paper management/paper trays
• Basic error recovery, clearing paper jams, changing toner, ADF use, different sized originals, enlarging, decreasing, adding markings at the borders such as date/time stamps, etc • Process for ordering supplies and service
Pilot Test, Delivery, Installation, and Configuration
The successful contractor(s) will coordinate a pilot installation phase with the City Information Services Division staff with one MFD. Upon installation, City shall operate the MFD for seven (7) days. All functions must work in City’s environment without difficulty or failure. The successful bidder(s) will be notified of any issue or failure. Should the MFD not perform in accordance with the requirements stated in this solicitation document to the satisfaction of City staff, the MFD must be removed at the bidder(s) Title: Maintenance Agreement for Managed Print Services 17 expense and the contract may be terminated. Upon successful performance of the MFD during this seven (7) day period, the MFD will be accepted. Upon a successful pilot, the contractor shall work in close coordination with the City’s Information Services Division to ensure there is a seamless transition from the existing MFDs used by City to the newly purchased MFDs. To assist in the transition from old MFD to new, the contractor shall provide suggested delivery dates(s) and equipment MAC addresses at least one week in advance. The hard drives will be removed by the Contractor and returned to the City for proper disposal. Set up for network access and ongoing configuration will be maintained by City’s Information Technology Department.
Personnel
Each qualified technician shall be trained in customer service and customer relations. Technicians must be capable of explaining service procedures and maintenance plans to clients, ensuring they understand the work being performed and the expected outcomes. A clear protocol should be established for technicians to escalate unresolved customer issues to higher-level support, ensuring prompt and satisfactory resolution.
Invoicing
Contractor to provide monthly invoicing for all fees. Contractors shall prepare a single monthly invoice which separates charges for each copier listing:
• Invoice date and number
• Purchase order contract number
• Location, make model and serial number
• Number of copies invoiced
• Current and previous reading
• Date of meter reading (if applicable)
• Line item identifying per copy credit for copies made during repair testing or maintenance • Line item identifying response time service credits
• Line item for monthly lease (if applicable) and maintenance payments Reporting
Four times per year Contractor shall prepare a quarterly Report for the City which contains the following information:
• Inventory of all devices (MFDs and Printers) supported by the Contractor and in service during the period noting all added and retired devices.
• B&W and Color image counts for the quarter, with a monthly average.
Title: Maintenance Agreement for Managed Print Services 18 • List of all service calls with response time, and identifying all instances where on-premise response times did not meet the service level agreement. • Operating cost of each device for the quarter and a monthly average, grouped and totaled by facility/building.
• Recommendations for service improvements.
Confidentiality and Non-Disclosure
Access and use of the City's network shall be considered sensitive, on an as-required basis, and must be appropriately secured. Should the Contractor encounter sensitive or proprietary information, the Contractor shall not release any information without prior written permission from the City. The City will maintain physical custody of any replaced MFD hard drive, whether due to necessary repairs or at end of its life.
Security
Proposers should outline which proposed equipment meets Common Criteria for IT Security Evaluation (ISO/IEC 15408) certification and Federal Information Processing Standard (FIPS).
Warranty
The Contractor shall provide details on the warranties for newly purchased multi-function devices and printers. This includes specifying the warranty duration, coverage details, replacement policies, and any exclusions or limitations. The Contractor must also provide all necessary warranty documentation, including certificates and service contact information, and outline options for extended warranties. All warranty terms must comply with relevant local and federal regulations and industry standards.
Equipment Moves
Each MFD may be relocated (after initial installation) one (1) time per year at no additional charge to City. Thereafter, if the same MFD is relocated, it will be at the rate no higher than $150. This does not include copiers replaced or upgraded.
Environmental Sustainability
• During the term of this Agreement and any extension(s) of such term, Contractor agrees that its products will be compliant with the following environmental specifications: Complies with the EPA ENERGY STAR® Program Requirements for Imaging Equipment (www.energystar.gov), and equipped with reasonable recovery time from ENERGY STAR® power management modes • Uses returnable, recyclable or remanufactured toner cartridges • Contains materials made with recycled content and is designed for remanufacturing and reuse of parts
Title: Maintenance Agreement for Managed Print Services 19 • Uses an organic photoreceptor (if not organic, it must not contain arsenic, cadmium, or selenium)
• Does not emit ozone, dust or styrene above EPA ENERGY STAR® Program Requirements Table 1: List of City Owned Printers
Device Model Facility Building/Floor Dept/Office
HP LASERJET P2035 MONO Civic Center Admin 1st
Floor
Building
Inspector
HP LASERJET ENTERPRISE 600 M601DN Civic Center Admin 2nd Floor
Management
Services
HP CLJ MFP M479FDW DUPLEX AND
WIRELESS
Civic Center Admin 1st
Floor
Public Works
Management
Assistant
HP LASERJET 1022 Civic Center Admin 2nd
Floor
City Manager
HP CLJ MFP M479FDW DUPLEX AND
WIRELESS
Civic Center Community
Center
Community
Center Office
HP CLJ MFP M479FDW DUPLEX AND
WIRELESS
Civic Center Admin 2nd
Floor
Finance
HP CLJ MFP M479FDW DUPLEX AND
WIRELESS
Civic Center Admin 1st
Floor
Building
Counter
HP LASERJET ENTRPRSE M608N PRNTR Civic Center Admin 2nd Floor
Finance
HP CLJ MFP M479FDW DUPLEX AND
WIRELESS
Civic Center Admin 2nd
Floor
Deputy City
Manager
HP COLOR LASERJET PRO MFP M477FNW Civic Center Admin 1st Floor
City Clerk
HP LASERJET M604N Civic Center Admin 2nd
Floor
Finance
Title: Maintenance Agreement for Managed Print Services 20 HP LASERJET PRO MFP M130FN MONO Civic Center Admin 1st Floor
Police
Services
HP CLJ MFP M479FDW DUPLEX AND
WIRELESS
Civic Center Admin 2nd
Floor
Executive
Assistant
HP COLOR LASERJET ENTERPRISE M653DN Civic Center Admin 1st Floor
Public Works
/ Admin
Specialist
HP COLOR LASERJET PRO M452NW Sports Park Back Office
HP LASERJET 1022 Civic Center Admin 1st
Floor
Code
Enforcement
Supervisor
HP COLOR LASERJET M451 Civic Center Admin 1st
Floor
EOC
HP CLJ M454DN DUPLEX & ETHERNET Civic Center Admin 1st
Floor
Police
Services /
STARS
HP COLOR LASERJET PRO MFP M477FNW Civic Center Senior Center Front Desk HP CLJ ENTERPRISE M652 Civic Center Community
Development
/ Admin
Specialist
HP LASERJET PRO CP 1525NW Civic Center Admin 1st
Floor
Community
Development
/
Management
Analyst
HP LASERJET PRO M501DN Civic Center Admin 1st
Floor
Public Works
HP LJ M404N 40 PPM MONO COMMERCIAL
PRT
Civic Center Admin 2nd
Floor
Human
Resources
Epson ST-C2100 Tank Printer Civic Center Senior Center Computer Lab
Title: Maintenance Agreement for Managed Print Services 21 HP Color LaserJet Pro MFP M283fdw Skate Park Back Office HP LaserJet Pro 4001dn Skate Park Front Office
Table 2: Current Copier Locations
Facility Building/Floor Dept/Office
Civic Center Admin 1st Floor Copy Room
Civic Center Admin 1st Floor City Clerk
Civic Center Admin 1st Floor Building Counter
Civic Center Admin 1st Floor Police Services
Civic Center Admin 2nd Floor Copy Room
Civic Center Admin 2nd Floor Copy Room
Civic Center Senior Center Staff Room
Civic Center Community Center Lobby
Sports Park Front Office
Table 3: Copier Requirements
Feature Bid Notes
Print, Copy, Scan & Fax Required
Black & White and Color Required
10/100/1000Base-T Ethernet Required
Interface Required Touchscreen Control &
Information Panel
Media handling Required Duplex document feeder 75
sheet capacity & 65 ppm
processing.
Full Duplex Required 1-1, 1-2, 2-2, 2-1
Title: Maintenance Agreement for Managed Print Services 22 Scan-To File Types Required Pdf, Tiff, Jpeg
Automatic Staple Required
Photo Printing Specify
Paper Types Specify Supported Types
Security Print Required
Scan to USB Required
Scan to Email Required
Active Directory Integration Required
Scan to Network Folder Required
Custom job creation Required Multiple trays and paper types in one job
Min paper size (sheet-fed) Required 5.5 inch
Envelope printing Required #10
Max paper size Required Legal
Copy Resolution Required Up to 600x600 dpi
Output Resolution Required Minimum: 1200x1200 dpi Up to 1200x2400 dpi
Multi-position Stapling Required Yes
Speed (B&W / Color) Required 65 ppm / 65 ppm
First Image Speed Required 5.0 seconds or less
Duplex Speed (B&W/Color) Specify Speed
Duty Cycle (pages per month) Minimum 10,000
Feeder Required Min 75 sheets
Tray 1 (bypass) capacity Minimum 100 sheets
Tray 2 capacity Minimum 500 sheets
Tray 3 capacity Minimum 500 sheets
Tray 4 capacity Minimum 1,000 sheets
Max Paper Size Required Tabloid
High-capacity paper attachment Required 2,000 sheet minimum Title: Maintenance Agreement for Managed Print Services 23 Stapling Required
Duty Cycle (pages per month) Minimum 40,000
“C” folding Optional Itemize Pricing
Hole-punching Optional Itemize Pricing
Laserfiche EDMS Integration Optional Itemize Pricing
Title: Maintenance Agreement for Managed Print Services 24 6. EXHIBIT "B" - SCHEDULE OF SERVICES
6.1. EXHIBIT "B" - SCHEDULE OF SERVICES
The Consultant shall provide the services described in Exhibit “A” Scope of Maintenance Services as directed by the City.
Title: Maintenance Agreement for Managed Print Services 25 7. EXHIBIT "C" - COMPENSATION
7.1. EXHIBIT "C" - COMPENSATION
Contractor 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 FIFTY-FOUR THOUSAND THREE HUNDRED AND FIFTEEN DOLLARS ($54,315.00) and based on the following rates:
Description Quantity Unit of Measure
B/W Copier Maintenance - Price per copy for B/W on copier 810,000 Price per page Color Copier Maintenance - Price per copy for Color on copier 120,0000 Price per page Subtotal: Cost for Copier Maintenance (9 B/W & Color Copiers) B/W Printer Maintenance - Price per copy for B/W on Networked City printer 30,000 Price per page Color Printer Maintenance - Price per copy for Color on Networked City Printer 90,000 Price per page Subtotal: Cost for Copier Maintenance (All on Network B/W & Color Copiers) Additional Services
Total:
Year 1 Total:
Year 2 Total:
Year 3 Total:
Total Contract Amount:
MRC Smart Technology, Inc. Hourly Rates
Position Hourly Rate
Technician $180
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.
Title: Maintenance Agreement for Managed Print Services 26 8. EXHIBIT "D" - INSURANCE REQUIREMENTS
8.1. EXHIBIT "D" - INSURANCE REQUIREMENTS
1.1.1 Time for Compliance. Contractor 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, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor 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 Contractor, 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, Contractor 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 not 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. (1) a Personal Automobile Liability policy for the Contractor’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 Contractor 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) Contractors Pollution Liability: Contractors Pollution Liability Insurance covering all of the contractor’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $5,000,000 per loss and $10,000,000 total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another.
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 Title: Maintenance Agreement for Managed Print Services 27 reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
1.1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability [INSERT “and Contractor’s Pollution Liability”; OTHERWISE, ALWAYS DELETE]:
(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. For all policies of Commercial General Liability insurance, Contractor 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.
Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. (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) Workers’ Compensation:
(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 selfinsurance 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 required policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its officials, officers, Title: Maintenance Agreement for Managed Print Services 28 employees, agents and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.
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 Contractor, 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, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
1.1.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Contract 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 Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
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). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposed no additional obligation on the City nor does it waive any rights hereunder.
1.1.11 Requirements Not Limiting. Requirement of specific coverage or limits contained in this section 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 Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor’s policies, or the Contractor shall be responsible for causing subcontractors 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 subcontractor’s Title: Maintenance Agreement for Managed Print Services 29 policies. All policies of Commercial General Liability insurance provided by Contractor’s subcontractors 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. Contractor shall not allow any subcontractor to commence work until it has received satisfactory evidence of subcontractor’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City.
ATTACHMENT 3
Chief Technology Officer Chief Technology Officer Executive IT Analyst Baldwin Park USD Saddleback Valley USD City of Glendale # Questions Response Response Response
1 What services did the
firm provide for your
organization?
Xerox provides the
Copier/Scanners for the school
district and provide enterprise
level machines for graphics
Providse Copier fleet for all
school sites and Admin. 200
copiers on contract and all
managed print services
Procurement and maintenance
of copiers
How long have you
contracted with the
firm for these
services?
Just recently renewed the
contract this year
Just renewed five year
contract. previously had five
year contract 9 years
Please rate the quality
of services on a 1-5
scale (1=Poor, 2=OK,
3=Good, 4=Very
Good, 5=Excellent). 4 5 5
4 How responsive was
the firm to service
requests or issues
with the equipment? Very Quick Response Time
Very Responsive after
submitting a ticket Very Responsive
5 Was regular
communication with
staff satisfactory? Yes Yes Yes
6 How would you rate
the firm’s
effectiveness in
training your staff to
operate the multifunction devices
(MFDs) on a scale of 1-
5 (1=Poor, 2=OK,
3=Good, 4=Very
Good, 5=Excellent)
3 - Site by site training was
conducted, video training was
available only after asking and
would like a training portal 5 5
7 Based on your
experience, would you
consider using this
firm for future projects
or services? Yes
Yes, just recently renewed the
contract Yes
Do you have any
additional comments
or information
regarding your
experience with the
firm.
Monthly meetings need to be
more focused on statistics for
the fleet and not additional
products
MRC/Xerox provided a
dedicated project manager
and made sure all issues and
needs were addressed No.
Reference Check
Purchase of Copier & Managed Print Services
8 3
2 ATTACHMENT 4
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, CALIFORNIA, AMENDING
THE 2023-2025 OPERATING BUDGET; AMENDING
APPROPRIATIONS FOR FISCAL YEAR 2024-25
WHEREAS, the 2023-2025 Operating Budget was adopted by the City Council on June 20, 2023; and
WHEREAS, the appropriations for Fiscal Year 2024-25 were adopted by the City Council on June 4, 2024;
WHEREAS, modifications are now required as a result of changes during Fiscal Year 2024-25.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
FOREST DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:
Section 1. The City Council’s adoption of this Resolution is not a project within the meaning of the California Environmental Quality Act. Specifically, the City’s adoption of the Resolution is an administrative and fiscal function of the City that does not commit the City to any specific project or course of action. (State CEQA Guidelines, sections 15378(b)(4) & (b)(5).) Thus, no environmental review of the Resolution is required. The City Council hereby directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption within five working days of the adoption of this Resolution.
Section 2. The General Fund is amended to increase appropriations for Fiscal Year 2024-25 as demonstrated in Exhibit A.
Section 3. The Director of Finance is hereby authorized to move appropriations between programs within program area budgets in concurrence with Department Directors.
Section 4. The City Manager is hereby authorized to transfer appropriations from one program area to another or between funds within the Operating Budget with notification to the City Council Audit Committee.
Section 5. The City Manager is hereby authorized to transfer appropriations from a capital improvement project to another existing project within the adopted Capital Improvement Program with notification to the City Council Audit Committee.
Section 6. The City Clerk shall attest as to the adoption and execution of this Resolution and cause the same to be maintained in the permanent records of the City.
PASSED, APPROVED AND ADOPTED this 15th day of October 2024, by the following vote, to wit:
ATTEST:
MARK TETTEMER
MAYOR
LISA BERGLUND
CITY CLERK
APPROVED AS TO FORM:
MATTHEW RICHARDSON
CITY ATTORNEY
STATE OF CALIFORNIA )
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 15th day of October 2024, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
LISA BERGLUND
CITY CLERK
EXHIBIT A
AMENDMENT TO 2023-2025
OPERATING BUDGET
FISCAL YEAR 2024-25
APPROPRIATIONS
General Fund Operating Appropriations
Expenditure
Major Program
Area
Current
Budget
Increase
(Decrease) Amended
Budget
Management and
Support $10,354,331 $100,820 $10,455,151
CITY COUNCIL AGENDA REPORT
MEETING DATE: 10/15/2024
DEPARTMENT: Community Development
SUBJECT:
GREAT SCOTT TREE CARE ENTITLEMENTS
RECOMMENDED ACTION(S):
1. Adopt a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, CALIFORNIA ADOPTING A MITIGATED NEGATIVE
DECLARATION AND APPROVING A MITIGATION MONITORING AND
REPORTING PROGRAM FOR A GENERAL PLAN AMENDMENT 03-18-5145, A DEVELOPMENT AGREEMENT, ZONE CHANGE 03-18-5144, TENTATIVE PARCEL MAP 2023-169, AND USE PERMIT 03-18-5146 FOR THE
CONSOLIDATION OF THREE PARCELS (APN: 610-301-20, 601-301-21 AND 610-301-07) INTO TWO PARCELS AND THE CONSTRUCTION OF A
CONTRACTOR’S STORAGE YARD AT 20751 LINEAR LANE ON PARCEL 1 OF TENTATIVE PARCEL MAP 2023-169 (APN: 610-301-20, 601-301-21 AND A PORTION OF APN 610-301-07), AND RETENTION OF PARCEL 2 OF TENTATIVE PARCEL MAP 2023-169 (THE REMAINDER OF APN 610-301-07)
AS UNDEVELOPED AND CONTAINING SERRANO CREEK AND THE
SERRANO CREEK REGIONAL HIKING AND RIDING TRAIL
2. Adopt a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, CALIFORNIA APPROVING GENERAL PLAN
AMENDMENT 03-18-5145 AMENDING THE GENERAL PLAN LAND USE ELEMENT TO CHANGE THE LAND USE DESIGNATION OF ASSESSOR’S PARCEL NUMBERS (“APN”) 610-301-20, 610-301-21 AND A PORTION OF APN 610-301-07, LOCATED AT 20751 LINEAR LANE FROM REGIONAL PARK/OPEN SPACE TO URBAN INDUSTRIAL 25 (“UI 25”)
3. Adopt an ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF LAKE FOREST, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE FOREST
AND GRIFFITHS RANCH LLC FOR CERTAIN REAL PROPERTY
LOCATED WITHIN THE CITY OF LAKE FOREST PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 65864 ET SEQ.
4. Introduce for the first reading an ordinance entitled: AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA APPROVING ZONE CHANGE 03-18-5144, CHANGING THE ZONING OF THE PROPERTY LOCATED AT 20751 LINEAR LANE; SPECIFICALLY A PORTION OF APN 610- 301-07 (PARCEL 2 OF TENTATIVE PARCEL MAP 2023-169) FROM LIGHT
INDUSTRIAL/ PLANNED DEVELOPMENT TO OPEN SPACE
CONSERVATION, AND THE REMAINING PORTION OF APN 610-301-07
FROM LIGHT INDUSTRIAL/PLANNED DEVELOPMENT TO URBAN
INDUSTRIAL 25, AND APNs 610-301-20 AND 21 FROM AGRICULTURE (“A 1”) TO URBAN INDUSTRIAL 25 (“UI 25”)
5. Adopt a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, CALIFORNIA APPROVING TENTATIVE PARCEL MAP 2023-169, A REQUEST TO CONSOLIDATE THREE PARCELS
INCLUDING ASSESSOR’S PARCEL NUMBERS 610-301-20, 610-301-21, and 610-301-07 LOCATED AT 20751 LINEAR LANE INTO TWO PARCELS REFERRED TO AS PARCELS 1 AND 2 OF TENTATIVE PARCEL MAP 2023- 169
6. Adopt a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, APPROVING USE PERMIT 03-18-5146 TO ALLOW DEVELOPMENT OF A CONTRACTOR’S STORAGE YARD ON
PARCEL 1 OF TENTATIVE PARCEL MAP 2023-169 LOCATED AT 20751 LINEAR LANE (APNs 610-301-20, 610-201-21 and a portion of 610-301-07)
EXECUTIVE SUMMARY:
Great Scott Tree Care (“Great Scott“) is a tree trimming company specializing in long-term care of urban forests for municipalities, commercial properties, and homeowner associations. Services include tree health evaluation, tree trimming, tree removal, tree planting, and tree inventory and mapping. Great Scott is proposing to develop a contractor’s storage yard and open space on a 6.72-acre property at 20751 Linear Lane (Exhibit 1).
The proposed project requires approval of a General Plan Amendment (“GPA”), Development Agreement (“DA”), Zone Change (“ZC”), Tentative Parcel Map (“TPM”), and a Use Permit (“UP”).
• The General Plan Amendment and Zoning Change would provide the proper land use and zoning designations for the proposed project. • A Development Agreement is required whenever a General Plan Amendment is approved. The Development Agreement would guarantee the project applicant the right to develop the contractor’s storage yard and would require the project applicant provide a public benefit; in this case, the Development Agreement would require a $25,000 contribution from the applicant to support the City’s trail system expansion and improvement. • The Tentative Parcel Map would subdivide the project parcel which consists of three parcels, assessor’s parcel numbers (“APNs”) 610-301-07, 610-301-20, and 610-301-21, and consolidate them into two parcels:
Parcels 1 and 2 of Tentative Parcel Map 2023-169, and
• The Use Permit would establish the regulatory framework for the proposed uses and set conditions of approval on the use.
Exhibit 1. Project Location
At its August 8, 2024, meeting, the Planning Commission identified conditions of approval. The Planning Commission staff report (Attachment 7) provides a detailed project description of the required entitlements and an analysis of the project’s compliance with the City’s regulations. Attachment 8 provides a summary of staff clarifications of those conditions for comparison. Through site planning, the review of the entitlement applications, and the conditions of approval recommended by Planning Commission and clarified by City staff, the Project ensures protection of the Serrano Creek and Serrano Creek Regional Hiking and Riding Trail. Moreover, a Public Notice was issued in advance on September 19, 2024, and an environmental review of the Project was completed.
Staff recommends the City Council adopt the Mitigated Negative Declaration and approve and adopt the General Plan Amendment, Development Agreement, Zoning Change, Tentative Parcel Map, and Use Permit subject to conditions.
These conditions, including those modified under the Tentative Parcel Map and Use Permit, are detailed in the draft resolutions and ordinances in Attachments 2 through 6.
BACKGROUND
The project site, formerly known as the Hess and Cohen properties, was developed in the early 1900’s with two single-family homes, a barn, and other structures including animal pens for various farm animals which have since been removed. The homes and barn were built on the east side of Serrano Creek and the Serrano Creek Regional Hiking and Riding Trail (“SCRHRT”), both of which extend along the property’s western boundary. In the 1980’s, property to the east and south of the project site were subdivided and developed as an industrial park, creating access challenges to the project site. To serve the two homes, an easement meandering through the industrial park from Canada Road was granted along with the provision of a private drive at the terminus of Linear Lane.
Exhibit 2, below, indicates the existing access easement from Canada Road (green), private drive from Linear Lane (yellow), the SCRHRT (orange), the existing boundaries of the neighboring properties (A and B), and the proposed boundaries of the Great Scott property (blue).
Exhibit 2. Site Access
Prior to the City’s incorporation, in the 1980’s the County of Orange developed the Serrano Creek Regional Hiking and Riding Trail (“SCRHRT”) along the banks of Serrano Creek. The County placed a scenic preservation easement which mainly fell on APN 610-301-07 but left the two developed parcels containing the Hess and Cohen homes, APNs 610-301-20, and 610-301-21, outside the easement. In 2002, Great Scott approached the County about developing on a portion of the scenic preservation easement. County policy allows for limited Industrial
Park
development in a scenic preservation easement (up to 15%). Following County review, Great Scott received approval for limited development on the easterly side of APN 610-301-07 away from Serrano Creek (Exhibit 3). Currently, the project site includes one home, which Great Scott will use as an office (the other home has been demolished), a barn for storage, a workshop, and four storage units.
Exhibit 3. Scenic Preservation Easement.
Project Description
Great Scott proposes to operate a contractor’s storage yard from 6:00 a.m. to 5:00 p.m. Monday through Friday, and 7:00 a.m. to 5:00 p.m. on Saturday. The storage yard would include ten vehicle parking spaces, 23 tree truck spaces, a 2,360 square foot office (formerly used as a single-family residence), an existing barn for storage, a workshop (formerly used as a garage), four existing metal shipping containers for storage, a trash enclosure, a 3,800 square-foot wood chip APN 610-301-07
APN
610-301-20
APN
610-301-21
15% encroachment
storage area, and an underground detention basin located beneath the truck parking as required for development of the property. Proposed automobile and truck access is from Linear Lane, through an internal drive aisle, and exit via the private drive which would also serve as an emergency access. The private drive would be enclosed between an existing gate at Linear Lane and a proposed new gate at the exit of the Project site (Exhibit 4).
Exhibit 4. Project Site Plan
Proposed Entitlements:
General Plan Amendment (GPA): Change the land use designations for APNs 610-301-20, 610-301-21, and a portion of APN 610-301-07, located at 20751 Linear Lane, from Regional Park/Open Space to Urban Industrial 25 (UI 25) (Exhibit 5). The Urban Industrial 25 (“UI 25”) land use designation provides for a mix of dwelling units and/or traditional light industrial and commercial uses, including uses such as warehousing, distribution, miniwarehousing, self-storage, and other similar uses which have historically been allowed in the City’s industrial areas.
Private Drive/Emergency Access
Linear Lane
Office
Auto Parking
Wood Chip
Storage
Tree Truck
Parking
Barn
Existing
Industrial
Buildings
Auto
Access
ss
Truck
Access
ss
Truck &
Auto Exit
Drive Aisle
Existing
gate
New
gate
Exhibit 5. GPA to Land Use Designations
• Zone Change (ZC): Change the zoning of the property at 20751 Linear Lane as follows and as shown in Exhibit 6, below:
o A portion of APN 610-301-07 (Parcel 2 of Tentative Parcel Map 2023-169) from Light Industrial/Planned Development to Open Space Conservation.
o The remaining portion of APN 610-301-07 from Light
Industrial/Planned Development to Urban Industrial 25 (UI 25). o APNs 610-301-20 and 610-301-21 from Agriculture (A 1) to Urban Industrial 25 (UI 25).
Parcel 1
Parcel 1
Parcel 2
Parcel 2
Exhibit 6. Zone Change to Zoning Designations
• Tentative Parcel Map (TPM): A TPM, is a technical document which provides for access, easements, and retention of Serrano Creek and SCRHRT. The TPM would consolidate the three parcels which make up the project site into two parcels: Parcel 1 and Parcel 2 of TPM 2023-169.
Exhibit 7 below illustrates the location of Parcels 1 and 2 as well as the location of the scenic preservation easement and the land uses proposed for each of the two parcels.
Parcel 1
Parcel 2
Parcel 1
Parcel 2
Exhibit 7. TPM 2023-169 and Scenic Preservation Easement • Development Agreement (DA): A DA, required whenever a GPA is approved, requires Great Scott provide a $25,000 contribution to support the City’s trail system expansion and improvement.
• Use Permit (UP): A UP, as required by the UI 25 zoning district, describes the actual operations of the contractor’s storage yard.
DISCUSSION:
Planning Commission Summary:
On August 8, 2024, the Planning Commission held a public hearing for the Project (Attachment 10). The Planning Commission listened to the applicant who suggested revisions to the conditions of approval and to neighboring residents of Sharmila Street regarding concerns over potential noise impacts. The Parcel 2
Remains undeveloped as Open Space
Conservation
Parcel 1
Contractor’s Storage Yard
Commissioners discussed four issues including noise, wood chip storage, SCRHRT alignment, and easement access as described below:
1. Noise: The Commission listened to residents of Sharmila, which is a street adjacent to the neighboring self-storage facility and is located approximately 380 feet from the project site. Three residents expressed concerns over the project’s proposed 6:00 a.m. start time and the potential of noise impacts funneling down the canyon and onto their community (Autumnwood). Residents requested, and the Commission concurred, that the business’ start time be moved from 6:00 a.m. to 7:00 a.m. Monday through Friday, and 7:00 a.m. to 8:00 a.m. on Saturday. After the Commission hearing, however, the applicant prepared a focused noise study (Attachment 9). The noise study identified there would be no impact on surrounding properties and the applicant has requested to maintain a 6:00 a.m. start time Monday through Friday, and 7:00 a.m. on Saturday.
Based on the study findings, staff is recommending a 6:00 a.m. start and have reflected the recommendation in Condition 11 of the UP Resolution (Attachment 6).
2. Woodchip Storage Area: The Project includes a 3,800 square-foot woodchip storage area. The woodchip storage area is located at the southwesterly corner of Parcel 1 (contractor’s storage yard) adjacent to Serrano Creek (Exhibit 4, above). The applicant has indicated that stored wood chips will not exceed six feet in height and will be contained on three sides by stacked concrete barriers. The Commission expressed concerns over the potential for fire in the woodchip storage area during a high fire hazard warning. The applicant clarified that Great Scott does not chip onsite and would not store wood chips on the property during times of high fire hazard.
Subsequent to the Commission meeting, staff spoke with the Orange County Fire Authority (“OCFA”) personnel. OCFA staff indicated that using the storage area during periods of high fire hazard did not pose a concerning threat because of the relatively small size of the storage area and because wood chips are only being stored temporarily and are not chipped on-site,
Based on the Planning Commission recommendation and concurrence from the applicant, staff has added Condition 13 to the Use Permit Resolution (Attachment 6). The condition states that wood chips shall not be stored on-site when OCFA has declared a high-fire hazard warning.
3. SCRHRT Alignment: The City’s Engineering Division staff noted that the County of Orange has never accepted the Irrevocable Offer of Dedication for the Easement for Recreation, Riding, and Hiking purposes as dedicated on the existing parcel map, Parcel Map No. 86-133. This affects the trail alignment shown on map exhibits. The applicant had requested a revision to the condition of approval. However, the Planning Commission agreed with staff that the alignment shown on the project TPM must be corrected.
This requires the applicant to grant a new easement to the County of Orange showing the correct trail alignment. It was noted that failure to include this corrected trail alignment would result in the loss of the existing trail easement when a new map is recorded.
Therefore, condition 10 of TPM 2023-169 (Attachment 5) was added for City Council consideration. Condition 10 requires the correct trail alignment be dedicated and accepted by the County of Orange before the Building Division issues final permit approval.
4. Easement Access: The private drive located directly adjacent to the Project’s easterly property line (Parcel 1 of TPM 2023-169) is not part of the applicant’s property. It is an access easement granted to the property owner by the two directly adjacent neighboring properties: Carmali Corporation at 20845 Canada Road (APN 610-301-24) and Hercules Gem Group at 20762 Canada Road (APN 610-301-29). However, for emergency purposes, the private drive must be legally accessible. Since the project applicant proposes to gate both ends of the private drive for security purposes, the Commission agreed with staff on the provision of the easement. These easements ensure access to the private drive by OCFA and the two adjacent property owners who share the private drive with Great Scott (Exhibit 4, above).
Therefore, staff recommends that the City Council approve condition 9 of the TPM resolution, which would provide private drive access for emergency purposes (Attachment 5).
The Planning Commission voted unanimously, with one Commissioner absent, to adopt the resolutions recommending that the City Council adopt a Mitigated Negative Declaration in accordance with the California Environmental Quality Act (“CEQA”) and approve the applications (GPA, ZA, DA, TMP, and UP).
Planning Commission Conditions Clarified by Staff:
The Commission requested that staff clarify the condition language for City Council consideration regarding the issues discussed above. These conditions are summarized below and detailed in Table 2, Attachment 8 and are reflected in the TPM and UP Resolutions, Attachments 5 and 6, respectively. The following is a summary of these conditions:
• Condition 7 of TPM Resolution (Attachment 5) has been added requiring the applicant enter into a Memorandum of Understanding (“MOU”) with the two neighboring properties (APN 610-301-24, and 610-301-29) to ensure all three properties have unabated access to the private drive. • Condition 9 of the TPM Resolution (Attachment 5), requires the Final Map include notes indicating the City and its emergency services contractor (OCFA) has access to the private drive.
• Condition 10 of the TPM Resolution (Attachment 5), requires that the applicant correct the SCRHRT alignment.
• Condition 11 of the UP Resolution (Attachment 6) is corrected to reflect this condition as part of the TPM Resolution (Attachment 5) and NOT the UP Resolution. This condition requires the Final Map include notes indicating the City and its emergency services contractor (OCFA) has access to the private drive.
Summary:
Through site planning, review of the entitlement applications, and the conditions of approval recommended by Planning Commission and clarified by City staff, the Project ensures protection of the Serrano Creek and Serrano Creek Regional Hiking and Riding Trail. Additionally, it ensures that the contractor’s storage yard is compatible with the nearby residential community and the surrounding Urban Industrial 25 land uses. The Planning Commission report provides a detailed project description of the required entitlements and an analysis of the project’s compliance with the City’s Zoning Code, General Plan, and Design Guidelines (Attachment 7).
Staff recommends the City Council adopt the MND and approve and adopt the GPA, DA, ZC, TPM, and UP subject to conditions. These conditions, including those modified under the TPM and UP, are detailed in the draft resolutions and ordinances in Attachments 2 through 6.
Public Noticing:
In accordance with the requirements of Section 9.184.040(C)(2) of the Municipal Code of the City of Lake Forest, this Project was noticed in a newspaper of general circulation on September 19, 2024. In addition, on September 16, 2024, public notices were posted at City Hall and sent to owners of all property within 300 feet of the Project boundary.
Environmental Review:
A project that includes a General Plan Amendment and/or Zone Change is not exempt from the California Environmental Quality Act (“CEQA”) and requires the City to draft an Initial Study to evaluate potential environmental impacts generated by the project, as well as environmental effects on the project. The topics studied included, but were not limited to, aesthetics, air quality, greenhouse gas emissions, hazardous materials, noise, public services, traffic, and tribal cultural resources.
On September 21, 2021, the City circulated a Notice of Intent to Adopt a Mitigated Negative Declaration (“MND”). After completion of the 30-day public review period and prior to consideration of the Project by the Planning Commission, the project was modified and a revised Draft MND was recirculated and made available for public review from June 12, 2024, through July 11, 2024.
The City received one written comment from the California Cultural Resource Preservation Alliance. The comment notes agreement with the determination that the proposed project has a high potential for encountering buried archaeological resources. To reduce potential impacts, a mitigation measure requiring implementation of a Cultural Resources Management Plan (“CRMP”) was added as a condition of approval (Condition 24 of UP Resolution Attachment 6).
The Initial Study/Final Mitigated Negative Declaration (“IS/MND”) (Attachment 1) concluded that implementation of the proposed project, with the inclusion of specific mitigation measures, would not generate significant environmental impacts. The Draft IS/MND includes proposed mitigation measures related to biological resources, cultural resources, geological resources, noise, and tribal resources, geology and soils, and tribal cultural resources. A complete list of the mitigation measures can be reviewed in the Mitigation Monitoring and Reporting Program that is part of the draft resolution recommending approval of the Mitigated Negative Declaration (Attachment 1). The mitigation measures have also been included as conditions of approval in the resolution recommending approval of the Use Permit (Attachment 6).
FISCAL IMPACT:
The fiscal impact associated with this project will be fully borne by the applicant.
If the City Council approves the Development Agreement, the applicant will contribute $25,000 to support the City’s trail system expansion and improvement.
ATTACHMENTS:
1. Resolution adopting a Mitigated Negative Declaration and Exhibit A:
Mitigated Negative Declaration (“MND”) and Mitigation Monitoring Report Program (“MMRP”).
2. Resolution Approving GPA 03-18-5145 and Exhibit A: Land Use Map.
3. Ordinance Approving a Development Agreement and Exhibit A: Draft Development Agreement.
4. Ordinance Approving ZC 03-18-5144 and Exhibit A: Zoning Map.
5. Resolution Approving TPM 2023-169.
6. Resolution Approving UP 03-18-5146.
7. Planning Commission Staff Report dated August 8, 2024.
8. Tables 2 and 3 regarding Planning Commission Conditions.
9. Revised Noise Study, September 24, 2024.
10. Project Plans.
Initiated By: Marie Luna, Senior Planner
Submitted By: Gayle Ackerman, AICP, Director of Community Development Approved By: Debra Rose, City Manager
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Attachment 1
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Resolution No. 2024 – ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE FOREST, CALIFORNIA, ADOPTING A MITIGATED
NEGATIVE DECLARATION AND APPROVING A
MITIGATION MONITORING AND REPORTING PROGRAM
FOR A GENERAL PLAN AMENDMENT 03-18-5145, A
DEVELOPMENT AGREEMENT, ZONE CHANGE 03-18-
5144, A TENTATIVE PARCEL MAP 2023-169, AND A USE
PERMIT 03-18-5146 FOR THE CONSOLIDATION OF
THREE PARCELS (APN: 610-301-20, 601-301-21 AND 610-
301-07) INTO TWO PARCELS AND THE CONSTRUCTION
OF A CONTRACTOR’S STORAGE YARD AT 20751 LINEAR
LANE ON PARCEL 1 OF TENTATIVE PARCEL MAP 2023-
169 (APN: 610-301-20, 601-301-21 AND A PORTION OF
APN 610-301-07), AND RETENTION OF PARCEL 2 OF
TENTATIVE PARCEL MAP 2023-169 (THE REMAINDER OF
APN 610-301-07) AS UNDEVELOPED AND CONTAINING
SERRANO CREEK AND THE SERRANO CREEK
REGIONAL HIKING AND RIDING TRAIL
WHEREAS, on March 22, 2018, Steve Guzowski on behalf of Brian Hess, property owner, filed General Plan Amendment (“GPA”) 03-18-5145 and applied for a Development Agreement (“DA”), as required by Lake Forest Municipal Code (“LFMC”) section 9.194.080, which requires the concurrent filing of a Development Agreement whenever a GPA is requested. The applicant also filed for a Zone Change (“ZC”) 03-18-5144, and Use Permit (“UP”) 03-18-5146 for the development of a contractor’s storage yard (“Project”), and WHEREAS, under the California Environmental Quality Act (“CEQA”), specifically, section 21067 of the Public Resources Code and section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City of Lake Forest (“City”) is the lead agency for the proposed Project; and WHEREAS, in accordance with State CEQA Guidelines section 15063 and the City’s Local CEQA Guidelines, the City prepared an Initial Study to determine if the Project could have a significant effect on the environment; and WHEREAS, in accordance with Government Code Section 65352.3, on December 7, 2020, the City sent letters to the California Native American Tribes, that are on the contact list maintained by the Native American Heritage Commission, for the purpose of informing these tribes about the project, and 55136.0410A\42416287.1
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providing a 90-day period for the representative of the tribe to request formal consultation; and
WHEREAS, the City received a request from one California Native American Tribe for consultation, the Gabrieleno Band of Mission Indians – Kizh Nation; and WHEREAS, based on the information contained in the Initial Study, which concluded that the Project would not have a significant impact on the environment if mitigation were incorporated, the City determined that a Mitigated Negative Declaration (“MND”) should be prepared for the Project, and an MND was prepared in accordance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines; and
WHEREAS, in accordance with State CEQA Guidelines section 15072(b), on September 15, 2021, the City mailed a Notice of Intent to Adopt the MND to all responsible and trustee agencies and property owners within a 300-foot radius of the site; and
WHEREAS, as required by State CEQA Guidelines section 15072(d), on September 15, 2021, the Notice of Intent to Adopt the MND was posted by the Clerk for the County of Orange; and
WHEREAS, during the public-comment period, copies of the MND and technical appendices were available for review and inspection at City Hall and on the City’s website; and
WHEREAS, in accordance with State CEQA Guidelines section 15073, the MND was circulated for a 30-day review period from September 15, 2021, through October 12, 2021; and
WHEREAS, the Applicant subsequently placed the Project on-hold pending a Project redesign; and
WHEREAS, on October 2, 2023, in accordance with Government Code Section 65352.3, and because the Gabrieleno Band of Mission Indians – Kizh Nation City had been the only Tribal government to consult with the City over development of this Project, the City staff spoke with the tribe to explain the project redesign and the potential for the filing of a subdivision application; specifically, a Tentative Parcel Map to merge the three Project parcels into two: Parcel 1 to contain the contractor’s storage yard and Parcel 2 to remain undeveloped. In response, the tribe only asked to be notified of future projects in the area requiring a General Plan Amendment; and
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WHEREAS, on October 3, 2023, Brian Prock of the Trestle Companies, on behalf of Griffiths Ranch, LLC (Applicant) filed project revisions and resurrected the former entitlement applications and also filed a Tentative Parcel Map (“TPM”) 2023-169 to merge three parcels (APN 610-301-20, and 21, and a portion of APN 610-301-07) into two parcels now referred to as Parcels 1 and 2 of TPM 2023-169.
Parcel 1 would accommodate the proposed contractor’s storage yard and the Great Scott Tree Care (“GSTC”) business at 20751 Linear Lane, and Parcel 2 would remain undeveloped and retain the County of Orange Serrano Creek and the County of Orange Serrano Creek Trail; and
WHEREAS, in accordance with State CEQA Guidelines section 15063 and the City’s Local CEQA Guidelines, the City prepared a revised Initial Study and Notice of Determination and to determine if the Project could have a significant effect on the environment; and
WHEREAS, in accordance with State CEQA Guidelines section 15072(b), on June 12, 2024, the City mailed a Notice of Intent to Adopt the MND to all responsible and trustee agencies and property owners within a 300-foot radius of the site; and
WHEREAS, as required by State CEQA Guidelines section 15072(d), on June 12, 2024, the Notice of Intent to Adopt the MND was posted by the Clerk for the County of Orange; and
WHEREAS, during the public-comment period, copies of the MND and technical appendices were available for review and inspection at City Hall and on the City’s website; and
WHEREAS, in accordance with State CEQA Guidelines section 15073, the MND was recirculated for a 30-day review period from June 12, 2024, through July 11, 2024; and
WHEREAS, the Mitigation Monitoring and Reporting Program (“MMRP”) prepared for the Project is attached hereto as Exhibit “A”; and WHEREAS, in accordance with Lake Forest Municipal Code section
9.184.040 (Zoning ordinance procedure), discretionary permits, including the GPA, DA, ZC, TPM and UP, require the Planning Commission to hold a public hearing and recommend to the City Council that the proposed entitlement applications be approved, disapproved, or conditionally approved; and
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WHEREAS, on August 8, 2024, the Planning Commission conducted a duly noticed public hearing to consider and make a recommendation to the City Council regarding the Project and the MND; and
WHEREAS, at the Planning Commission public hearing, members of the public were afforded an opportunity to comment upon the Project and the revised MND; and
WHEREAS, on October 15, 2024, the City Council conducted a duly noticed public hearing to consider the Project and the MND; and WHEREAS, at the City Council public hearing, members of the public were afforded an opportunity to comments upon the Project and the MND; and WHEREAS, as contained herein, the City Council has endeavored in good faith to set forth the basis for its decision on the Project; and WHEREAS, all the requirements of the Public Resources Code, the State CEQA Guidelines, and the City’s Local CEQA Guidelines have been satisfied by the City in connection with the preparation of the revised MND, which is sufficiently detailed so that all of the potentially significant environmental effects of the Project, as well as feasible mitigation measures, have been adequately evaluated; and WHEREAS, the revised MND prepared in connection with the Project sufficiently analyzes the feasible mitigation measures necessary to avoid or substantially lessen the Project’s potentially significant environmental impacts to a level of less than significant; and
WHEREAS, the findings and conclusions made by the City Council in this Resolution are based on the oral and written evidence presented as well as the entirety of the administrative record for the Project, which is incorporated herein by this reference. The findings are not based solely on the information provided in this Resolution; and
WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed, and considered all of the information and data in the administrative record, including but not limited to the revised Initial Study, revised MND, and MMRP, and all oral and written evidence presented to it during all meetings and hearings; and
WHEREAS, the revised MND reflects the independent judgment of the Planning Commission and is deemed adequate for purposes of making decisions on the merits of the Project; and
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WHEREAS, no comments made in the public hearing conducted by the City Council and no additional information submitted to the City Council have produced substantial new information requiring recirculation of the revised MND or additional environmental review of the Project under State CEQA Guidelines section 15073.5; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
FOREST DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1. RECITALS. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.
SECTION 2. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council has reviewed and considered the information contained in the revised MND, revised Initial Study, comments received, and other documents contained in the administrative record for the Project. The City Council finds that the revised MND and revised Initial Study contain a complete and accurate reporting of the environmental impacts associated with the Project. The City Council finds that the revised MND and the revised Initial Study have been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines.
SECTION 3. FINDINGS ON ENVIRONMENTAL IMPACTS. Based on the whole record before it, including the revised MND, revised Initial Study, the administrative record and all other written and oral evidence presented to the City Council, the City Council finds that all environmental impacts of the Project are either less than significant or can be mitigated to less than significant levels with the mitigation measures outlined in the revised MND, the revised Initial Study, and the Mitigation Monitoring and Reporting Program. The City Council finds that there is no substantial evidence in the administrative record supporting a fair argument that the Project may result in any significant environmental impact. The City Council finds that the revised MND contains a complete, objective, and accurate reporting of the environmental impacts associated with the Project and reflects the independent judgment and analysis of the City.
SECTION 4. WILDLIFE RESOURCES. Under Fish and Game Code section 711.4(c), all project applicants and public agencies subject to CEQA must pay a filing fee for each proposed project, as specified in subdivision 711.4(d), for any 55136.0410A\42416287.1
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adverse effect on wildlife resources or the habitat upon which wildlife depends unless a “no effect” finding is made by the California Department of Fish and Game. This fee is due and payable as a condition precedent to the County Clerk’s filing of a Notice of Determination.
SECTION 5. ADOPTION OF THE MITIGATION MONITORING AND
REPORTING PROGRAM. The City Council hereby approves and adopts the Mitigation Monitoring and Reporting Program prepared for the Project, attached hereto as Exhibit “A”.
SECTION 6. LOCATION AND CUSTODIAN OF RECORDS. The documents and materials that constitute the record of proceedings on which these findings are based are located at Lake Forest City Hall, 100 Civic Center Drive, Lake Forest, California 92630. The Director of Community Development is the custodian of the record of proceedings.
SECTION 7. EXECUTION OF RESOLUTION. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Lake Forest, California at a regular meeting of the City Council held on the 15th day of October 2024.
_______________
MARK TETTEMER
MAYOR
ATTEST:
___________________________
LISA BERGLUND, MPA
CITY CLERK
APPROVED AS TO FORM:
___________________________
MATTHEW RICHARDSON
CITY ATTORNEY
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STATE OF CALIFORNIA )
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 15th day of October 2024 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
________________________
LISA BERGLUND, MPA
CITY CLERK
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EXHIBIT A – FINAL MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING REPORTING PROGRAM
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EXHIBIT A
GREAT SCOTT TREE CARE PROJECT
(PREVIOUSLY GENERAL PLAN AMENDMENT 03-18-5155, ZONE
CHANGE 03-18-5144, USE PERMIT 03-18-5146
GREAT SCOTT LANDSCAPE FACILITY PROJECT)
FINAL
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
JULY 2024
Prepared for:
City of Lake Forest
Community Development Department
100 Civic Center Drive
Lake Forest, CA 92630
Prepared by:
De Novo Planning Group
180 E. Main Street, Suite 108
Tustin, CA 92780
De Novo Planning Group
A Land Use Planning, Design, and Environmental Firm
■
■
GREAT SCOTT TREE CARE PROJECT
(PREVIOUSLY, GENERAL PLAN AMENDMENT 03-18-5155,
ZONE CHANGE 03-18-5144, USE PERMIT 03-18-5146
GREAT SCOTT LANDSCAPE FACILITY)
Final
Initial Study/Mitigated Negative Declaration
LEAD AGENCY: CITY OF LAKE FOREST
Community Development Department
100 Civic Center Drive
Lake Forest, CA 92630
Contact: Marie Luna, Senior Planner
[email protected]
(949) 461-3466
PREPARED BY: DE NOVO PLANNING GROUP
180 E. Main Street, Suite 108
Tustin, California 92780
Contact: Starla Barker, AICP
[email protected]
(949) 396-8193
July 2024
Great Scott Tree Care Project
Initial Study/Mitigated Negative Declaration Final
July 2024 Page 1
Table of Contents
1.0 INTRODUCTION................................................................................................................................. 3
2.0 RESPONSES TO COMMENTS ............................................................................................................. 5
3.0 ERRATA.............................................................................................................................................. 9
4.0 MITIGATION MONITORING AND REPORTING PROGRAM...............................................................17 Great Scott Tree Care Project
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1.0 INTRODUCTION
The Great Scott Tree Care (GSTC) Project (herein referred to as the “Project” or “GSTC”) is located in the City of Lake Forest within the County of Orange. The Project site is approximately 6.72 acres located at 20751 Linear Lane, southwest of Dimension Drive, between Linear Lane and Prism Place. The Project would subdivide the approximately 6.72-acre Project site into two parcels. Parcel 1 would be approximately 2.05 acres and would involve the rehabilitation of an existing single-family residence to be used as an office, and other site improvements, including the creation of parking spaces for tree service vehicles and equipment, installation of fencing, and landscaping. Parcel 2 would be approximately 4.67 acres and is proposed to remain undeveloped. The Project would be subject to various City permits and approvals, including, but not limited to: Development Agreement; General Plan Amendment (GPA) 03-18- 5145; Zone Change 03-18-5144; Tentative Parcel Map 2023-169; Use Permit (UP) 03-18-5146.
In accordance with the California Environmental Quality Act (CEQA) Guidelines, an Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared for the proposed Project. The City circulated a Notice of Intent to Adopt a Mitigated Negative Declaration for the General Plan Amendment 03-18-5155, Zone Change 03-18-5144, Use Permit 03-18-5146 (Great Scott Landscape Facility Project) to trustee and responsible agencies, the State Clearinghouse, the County Clerk, and the public on September 15, 2021.
Subsequent to completion of the 30-day public review period and prior to consideration of the Project by the Planning Commission, the Project Applicant identified modifications to the Project, as previously proposed. A Recirculated Public Review Draft IS/MND (Recirculated Draft IS/MND) was revised to reflect the currently proposed Project, including revised technical studies and analyses.
The Recirculated Draft IS/MND was made available for public review and comment pursuant to CEQA Guidelines Section 15073 and 15105. The public review period commenced on June 12, 2024, and concluded on July 11, 2024. The Recirculated Draft IS/MND and supporting attachments were available for review by the public at:
• City of Lake Forest Website: https://www.lakeforestca.gov/en/environmental The Recirculated Draft IS/MND identifies the potential environmental impacts associated with development of the Project and mitigation measures to reduce the potentially significant impacts. The Responses to Comments, Errata, and Mitigation Monitoring and Reporting Program, together with the Recirculated Draft IS/MND, constitutes the Final IS/MND for the proposed Great Scott Tree Care (GSTC) Project.
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2.0 RESPONSES TO COMMENTS
During the public review period, one comment was received on the IS/MND. The following is a list of the public agencies, organizations, and individuals that submitted comments on the IS/MND during the public review period:
Comment Letter
Number Agency, Organization or Individual Letter Dated
1 California Cultural Resource Preservation Alliance
Patricia Martz, Ph.D.
President
July 2, 2024
Although the CEQA Guidelines do not require a Lead Agency to prepare written responses to comments received on an IS/MND, the City of Lake Forest has elected to prepare the following written responses with the intent of conducting a comprehensive and meaningful evaluation of the proposed Project. The comment letter and response follows. The comment letter has been numbered sequentially. The number designations in the responses correlate to the numbered portions of the comment letter.
C.C.R.P.A.
P.O. Box 54132
Irvine, CA 92619-4132
July 2, 2024
City of Lake Forest
California Cultural Resource Preservation Alliance, Inc.
An alliance of American Indian and scientific communities working for the presenration of archaeological sites and other cultural resources.
Community Development Department
Civic Center Drive
Lake Forest, CA 92630
Attn: Marie Luna, Senior Planner
Re: Recirculated Negative Declaration Mitigated Negative Dec1aration Great Scott Project Dear Ms. Luna:
Thank you for the opportunity to comment on the above-mentioned Project. Based on the information provided in the Phase 1 Cultural and Paleontological Resources Assessment, I concur with the determination that the proposed project has a high potential for encountering buried archaeological resources. This is based on the following: (1) a prehistoric archaeologica1 site is recorded within the proposed project area. (2) Buried archaeological resources are known to be found in areas containing the kind of structures and disturbances present within the project area, as these did not result in deep ground disturbance. (3) The archaeological survey was hindered by poor visibility. Therefore, I concur with the cultural resource recommendations including the preparation of a Cultural Resources Management Plan including monitoring by a qualified archaeologist and compliance with the California Health and Safety Code 7050.5 and implementing regulations.
Sincerely,
JP�?Na-?
Patricia Martz, Ph.D.
President
1.1 Great Scott Tree Care Project
Initial Study/Mitigated Negative Declaration Final
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Response to Commenter Letter No. 1
Patricia Martz, Ph.D., President
California Cultural Resource Preservation Alliance
July 2, 2024
1-1 The comment notes agreement with the determination that the proposed Project has a high potential for encountering buried archaeological resources, based on the following: a prehistoric archaeological site is recorded within the proposed Project area; buried archaeological resources are known to be found in areas containing the kind of structures and disturbances present within the Project area, as these did not result in deep ground disturbance; and the archaeological survey was hindered by poor visibility. The comment notes agreement with the cultural resource recommendations, including the preparation of a Cultural Resources Management Plan (CRMP) that includes monitoring by a qualified archaeologist and compliance with California Health and Safety Code Section 7050.5 and implementing regulations.
As discussed in Section 4.5, in order to reduce potential impacts to archaeological resources, the Project Applicant would be required to implement Mitigation Measure CUL-1, which requires preparation and implementation of a CRMP. The CRMP would require archaeological monitoring during all initial ground-disturbance activities, including vegetation removal, site preparation and grading up to three feet below surface; development of an inadvertent discovery plan in the event potential cultural resources are discovered; and compliance with procedures in the inadvertent discovery of human remains. Additionally, the Project would be required to comply with Mitigation Measure TCR-3 if any human skeletal material or related funerary objects are discovered during ground disturbance. Implementation of Mitigation Measure CUL-1 and TCR-3 would ensure that, in the event human remains are discovered, the remains would be handled in accordance with applicable laws, including California Health and Safety Code Section 7050.5, Public Resources Code Section 5097.98 and California Code of Regulations Section 15064.5(e).
The comment does not contain any information requiring changes to the Recirculated Public Review Draft IS/MND. The comment is noted, and no further response is necessary.
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3.0 ERRATA
Changes to the Recirculated Draft IS/MND are noted below. A double underline indicates additions to the text; strikethrough indicates deletions to the text. Changes have been analyzed and responded to in Section 2.0, Responses to Comments, of this Final IS/MND. The changes to the Recirculated Draft IS/MND do not affect the overall conclusions of the environmental document. Changes are listed by page and, where appropriate, by paragraph.
These errata address the comments received on the Recirculated Draft IS/MND, which was circulated from June 12, 2024, through July 11, 2024. These clarifications and modifications are not considered to result in any new or substantially greater impacts as compared to those identified in the Draft IS/MND.
SECTION 2.3, PROPOSED PROJECT