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Agenda packet, regular meeting

Lake Forest City Council
December 17, 2024

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Agenda packet, regular meeting
Meeting
December 17, 2024
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Lake Forest City Council
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3
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Text extracted from the city's file for reading and search. Open the original on lakeforest.primegov.com. That file is the official record.

AGENDA

LAKE FOREST CITY COUNCIL
Regular Meeting of the City Council
Tuesday, December 17, 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]
December 17, 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 Chaplain Jim Davis, Orange County Sheriff’s Department.

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country to be led by Girl Scout Troop #6501.

PRESENTATIONS (Item Nos. 1 – 5)

1. RESOLUTION CERTIFYING THE NOVEMBER 5, 2024, ELECTION December 17, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 2 RECOMMENDED ACTION: Adopt a Resolution entitled: A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA,

RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024, DECLARING THE RESULT, AND SUCH OTHER

MATTERS AS PROVIDED BY LAW

2. INSTALLATION AND OATH OF OFFICE CEREMONY
RECOMMENDED ACTION: City Clerk or designee to administer the Oath of Office and present Certificate of Election to newly elected City Council Members.

3. COMMENTS BY INCOMING COUNCIL MEMBER-ELECT DOUG CIRBO, DISTRICT 1
RECOMMENDED ACTION: Receive comments from Council
Member-Elect Cirbo.

4. COMMENTS BY INCOMING COUNCIL MEMBER-ELECT ROBERT
PEQUEÑO, DISTRICT 5
RECOMMENDED ACTION: Receive comments from Council
Member-Elect Pequeño.

5. RECOGNITION OF THE 2024 LAKE FOREST ACADEMY GRADUATES RECOMMENDED ACTION: Recognize the graduates of the 2024 Lake Forest Academy.

PUBLIC COMMENTS
Members of the public can submit an e-comment to [email protected]. E-comments will not be read at the meeting.

Members of the public may also provide comments in-person at the meeting or remotely. Those wishing to provide comments in- person at the meeting will be asked to submit a request to speak to the City Clerk.

December 17, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 3 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.

6. 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.

7. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON DECEMBER 3, 2024
RECOMMENDED ACTION: Approve as submitted.

8. AGREEMENT FOR NEW CITY WEBSITE
RECOMMENDED ACTION: 1. Approve Professional Consultant Services Agreement with Revize for City Website Hosting and Content Management Services. 2. Authorize the Mayor to sign and the City Clerk to attest to the Agreement, substantially in the form attached.

9. FIRST AMENDMENT TO 2022-2025 AGREEMENT WITH AMERINAT FOR

LOAN PORTFOLIO MANAGEMENT SERVICES
RECOMMENDED ACTION: 1. Approve a First Amendment to the July 1, 2022, to June 30, 2025, Agreement with AmeriNat, for loan portfolio management services to the City of Lake Forest Housing Authority. 2.

Authorize the Mayor to sign, and the City Clerk to Attest the First Amendment to Agreement with AmeriNat, substantially in the form attached.

10. LAKE FOREST CITYWIDE SPORTS PARKS LANDSCAPE

MAINTENANCE SERVICES
RECOMMENDED ACTION: 1. Award an Agreement for Maintenance Services in the amount of $4,364,113.05 to Brightview Landscape December 17, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 4 CONSENT CALENDAR (Item Nos. 6 – 10)
All matters listed under the Consent Calendar are considered routine and will be enacted by one vote. There will be no separate Services, Inc., for Citywide Sports Parks Landscape Maintenance Services.

2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE
2023-2025 OPERATIONS BUDGET; AMENDING APPROPRIATIONS FOR FISCAL YEAR 2024-25. 3. Authorize the Mayor to sign, and the City Clerk to attest, the award of agreement to Brightview Landscape Services, Inc., substantially in the form attached.

DISCUSSION/ACTION ITEMS (Item Nos. 11 – 14)
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.

11. CONSIDERATION OF APPOINTMENTS TO REGIONAL BOARDS
RECOMMENDED ACTION: 1. Appoint Members of the City Council to the seats of Regional Boards. 2. Appoint Council Member Cirbo to the Audit Committee for an additional two-year term. 3. Appoint a representative to the Orange County Fire Authority Board of Directors. Exercise discretion in considering a Resolution entitled: A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA,

DESIGNATING AND APPOINTING ITS REPRESENTATIVE TO THE
ORANGE COUNTY FIRE AUTHORITY’S BOARD OF DIRECTORS.

12. SELECTION OF MAYOR AND MAYOR PRO TEM FOR THE 2025

CALENDAR YEAR
RECOMMENDED ACTION: 1. SELECTION OF MAYOR:
a. OPEN nominations for Mayor;
b. CLOSE nominations for Mayor;
c. Members of the City Council VOTE;
d. City Clerk will DECLARE results.
e. Mayor assumes the role as Mayor on January 1, 2025.

2. SELECTION OF MAYOR PRO TEM:
a. OPEN nominations for Mayor Pro Tem;
b. CLOSE nominations for Mayor Pro Tem;
c. Members of the City Council VOTE;
d. City Clerk will DECLARE results.

December 17, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 5 e. Mayor Pro Tem assumes the role as Mayor Pro Tem on January 1, 2025.

13. RECOGNITION OF MAYOR TETTEMER FOR HIS SERVICE IN 2024 RECOMMENDED ACTION: Recognize Mayor Tettemer for his service and leadership in 2024.

14. COMMENTS BY OUTGOING MAYOR
RECOMMENDED ACTION: Extend the opportunity to outgoing Mayor Tettemer to present comments.

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:

December 17, 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 December 12, 2024.

Lisa Berglund
City Clerk
December 17, 2024 LAKE FOREST CITY COUNCIL AGENDA Page 7

CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/17/2024
DEPARTMENT: City Clerk
SUBJECT:

RESOLUTION CERTIFYING THE NOVEMBER 5, 2024, ELECTION
RECOMMENDED ACTION(S):

Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LAKE FOREST, CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024,

DECLARING THE RESULT, AND SUCH OTHER MATTERS AS PROVIDED BY LAW
EXECUTIVE SUMMARY:

As required by law, the General Municipal Election (“Election”) was held and conducted in the City of Lake Forest, California, with Election Day occurring on Tuesday, November 5, 2024. California Elections Code, Section 10262(b) provides in a consolidated election, that the City Elections Official, upon receipt of the results of the election from the Registrar of Voters, shall certify the results to the governing body, no later than the next regularly scheduled City Council meeting following the receipt of election results. Based on Elections Code Section 10263, before installing the new officers, the City Council shall adopt a resolution reciting the facts of the election and declare the elected person(s) for whom the highest numbers of votes were cast for each office in each District.

A resolution reciting the facts of the Election is presented to the City Council for adoption as Attachment 1. The resolution declares the successful candidate for City Council District 1 is Incumbent Doug Cirbo and City Council District 5 is Incumbent Robert Pequeño.

FISCAL IMPACT:

There is no direct cost in adopting the resolution reciting the Elections results.

Based upon the estimate received from the Orange County Registrar of Voters, the estimated cost for the November 5, 2024, Election is $45,000. This amount will adequately fund all costs associated with the General Municipal Election given the consolidated nature of the City’s election with the U.S. Presidential Item: 1
8 Election. The 2023-2025 Operating Budget includes sufficient funding to cover the costs associated with the Election.

ATTACHMENTS:

Resolution Declaring Results of the November 5, 2024, General Election.

Initiated By: Lisa Berglund, City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 1
9 ATTACHMENT 1
Item: 1
10 DRAFT RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

FOREST, CALIFORNIA, RECITING THE FACTS OF THE
GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5,
2024, DECLARING THE RESULT, AND SUCH OTHER MATTERS

AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of Lake Forest, California, on Tuesday, November 5, 2024, as required by law; and
WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and
WHEREAS, pursuant to Ordinance No. 5 adopted December 20, 1991, authorizing consolidation with the County, the County Election Department canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as “Exhibit A.”

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE

FOREST, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That the whole number of vote by mail ballots cast was 13,933; that the whole number of vote center ballots casts was 4,025, making a total of 17,958 ballots cast in the City.

SECTION 2. That the names of persons voted for at the election for Member of the City Council are as follows:

District 1: Doug Cirbo
District 5: Robert Pequeño
SECTION 3. In accordance with Elections Code Section 10262, the City Clerk certified the results to the City Council. The number of votes given at each precinct and the number of votes given in the City to each of the persons named in Section 2 above, are listed in Exhibit “A” attached to this Resolution.

Item: 1
11 SECTION 4. The City Council does declare and determine that the following candidates were elected as Members of the City Council for the full term of four years:

District 1: Doug Cirbo
District 5: Robert Pequeño
SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2) the measures voted upon; (3) The names of the persons voted for; (4) For what office each person was voted for; (5) The number of votes given at each precinct to each person and for and against each measure; and (6) The total number of votes given to each person and for and against each measure.

SECTION 6. The City Clerk shall immediately make and deliver to each of the persons elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.

SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 17th day of December 2024, by the following vote, to wit:
__________________________

MARK TETTEMER
MAYOR
ATTEST:

LISA BERGLUND, MPA

CITY CLERK
APPROVED AS TO FORM:

MATTHEW E. RICHARDSON

CITY ATTORNEY
Item: 1
12 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 17th day of December 2024, by the following vote, to wit:

AYES:

NOES:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________

LISA BERGLUND, MPA

CITY CLERK
Item: 1
13 Exhibit A
Item: 1
14 Item: 1
15 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/17/2024
DEPARTMENT: City Clerk
SUBJECT:

INSTALLATION AND OATH OF OFFICE CEREMONY
RECOMMENDED ACTION(S):

City Clerk or designee to administer the Oath of Office and present Certificate of Election to newly elected City Council Members.

EXECUTIVE SUMMARY:

As required by law, the General Municipal Election was held and conducted in the City of Lake Forest, California, with Election Day occurring on Tuesday, November 5, 2024. Official election results were received from the Orange County Registrar of Voters on Wednesday, December 4, 2024. The City Council is required by law to adopt the official election results by City Council Resolution.

Following the adopting of such resolution, it will be appropriate for the City Clerk to proceed with the Installation and Oath of Office Ceremony.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

None.

Initiated By: Lisa Berglund, City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 2
16 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/17/2024
DEPARTMENT: City Clerk
SUBJECT:

COMMENTS BY INCOMING COUNCIL MEMBER-ELECT DOUG CIRBO,
DISTRICT 1
RECOMMENDED ACTION(S):

Receive comments from Council Member-Elect Cirbo.

EXECUTIVE SUMMARY:

As in the past, upon adoption of the official election results and after the conclusion of the Oath of Office Ceremony, newly elected officials are provided with a brief period to comment on the election and upcoming term of office.

These comments typically take place outside of the City Council Comments that are scheduled for the end of the meeting. At this time, it is appropriate to invite the representative from District 1, to offer comments.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

None.

Initiated By: Lisa Berglund, City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 3
17 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/17/2024
DEPARTMENT: City Clerk
SUBJECT:

COMMENTS BY INCOMING COUNCIL MEMBER-ELECT ROBERT PEQUENO, DISTRICT 5
RECOMMENDED ACTION(S):

Receive comments from Council Member-Elect Pequeno.

EXECUTIVE SUMMARY:

As in the past, upon adoption of the official election results and after the conclusion of the Oath of Office Ceremony, newly elected officials are provided with a brief period to comment on the election and upcoming term of office.

These comments typically take place outside of the City Council Comments that are scheduled for the end of the meeting. At this time, it is appropriate to invite the representative from District 5, to offer comments.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

None.

Initiated By: Lisa Berglund, City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 4
18 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/17/2024
DEPARTMENT: Management Services
SUBJECT:

RECOGNITION OF THE 2024 LAKE FOREST ACADEMY GRADUATES
RECOMMENDED ACTION(S):

Recognize the graduates of the 2024 Lake Forest Academy.

EXECUTIVE SUMMARY:

The Lake Forest Academy began as the Citizens Leadership Academy in 2003 and provides participants with an inside look at City operations and details the daily functions of each department. The eight-week course includes presentations from each City department, as well from the Orange County Sheriff’s Department, Orange County Fire Authority, Southern California Edison, El Toro Water District, and Irvine Ranch Water District.

The 2024 class included 21 participants:
•Steve Arnett
•Lawrence Arthur
•Naoki Atkins
•Granville Conner
•Bill Burnett
•Brandon Corenman
•Don Erck
•Thomas Hughes
•James Kang
•Charles Knapp
•Sam Oliver
•Arounsy Phommasa
•Patricia Piecuch
•Richard Pineros
•Betty Trinh
•Stephanie Tsai
•Crystal Ventura
Item: 5
19 •Kristofer Warbritton
•John Wieland
•Karen Westrich
•Jennifer Ziv
Tonight, the City Council has the opportunity to present a Certificate of Recognition to the members of the 2024 Lake Forest Academy in attendance (Attachment).

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:
2024 Lake Forest Academy Graduate Certificate
Initiated By: Jonathan Volzke, Communications and Marketing Manager Submitted By: Sean McGovern, Deputy City Manager
Approved By: Debra Rose, City Manager
Item: 5
20 A
ttachment
Item: 5
21 CERTIFICATE OF

COMPLETION

THE LAKE FOREST CITY COUNCIL

HEREBY RECOGNIZES

For Completing the
2024 City of Lake Forest Academy

December 17, 2024

MARK TETTEMER
Mayor

SCOTT VOIGTS
Mayor Pro Tem

DOUG CIRBO
Council Member

ROBERT PEQUEÑO BENJAMIN YU Council Member Council Member

Item: 5
22 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/17/2024
DEPARTMENT: City Clerk
SUBJECT:

MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES
RECOMMENDED ACTION(S):

Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.

EXECUTIVE SUMMARY:

California Government Code 36934 allows titles of ordinances and resolutions to be waived.

FISCAL IMPACT:

There is minimal fiscal impact associated with the recommended action.

ATTACHMENTS:

None.

Submitted By: Lisa Berglund, MPA, City Clerk
Approved By: Debra Rose, City Manager
14 Item: 6
23 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, December 3, 2024, at the Lake Forest City Council Chambers, 100 Civic Center Drive, Lake Forest, California, was called to order at 6:30 p.m. with all members present.

ROLL CALL:

Council Members:

Doug Cirbo
Robert Pequeño
Benjamin Yu
Mayor Pro Tem: Scott Voigts
Mayor: Mark Tettemer

City Manager: Debra Rose
City Attorney: Matthew E. Richardson
City Clerk: Lisa Berglund

INVOCATION: The Invocation was provided by Chaplain Serena Cummins, Orange County Sheriff’s Department.

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Boy Scout Troop #628.

REPORT FROM STUDENT LIAISON: Maya Lowrey, Student Liaison from El Toro High School, provided a report.

PRESENTATIONS: (Item Nos. 1 – 3)
MOTION: It was moved by Council Member Yu, seconded by Mayor Pro Tem Voigts, to approve Presentation Item Nos. 1 – 3. The motion was carried by a vote of 5-0.

1. 2024 HALLOWEEN HOUSE DECORATING CONTEST
City Manager Rose introduced this item and invited Communications and Marketing Manager Volzke to provide a presentation. No public comment was offered.

ACTION: The 2024 Halloween Decorating Contest Winner Linda MacPherson was recognized.

2. MAYOR'S AWARD
City Manager Rose introduced this item and invited Management Assistant Toyooka to provide a presentation. No public comment was offered.

Item: 7
24 December 3, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 2 of 6 ACTION: The Mayor's Award was presented to the selected recipient.

3. SERVICE AWARDS
City Manager Rose introduced this item and invited Human Resources Manager Cisneros to provide a presentation. No public comment was offered.

ACTION: Employee Service Awards were presented to those present.

PUBLIC COMMENTS:

Andrew O’Connor expressed concerns with City Manager Rose and Council Member Yu.

CONSENT CALENDAR: (Item Nos. 4 – 10)
MOTION: It was moved by Mayor Pro Tem Voigts, seconded by Council Member Yu, to approve Consent Calendar Item Nos. 4, and 8 – 10. The motion was carried by a vote of 5-0.

4. MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES ACTION: Said Ordinances and Resolutions which appeared on the public agenda were determined to have been read by title and further reading was waived.

8. AMENDMENT OF THE CITY OF LAKE FOREST PERSONNEL RULES AND

REGULATIONS
ACTION: A Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF THE LAKE FOREST, CALIFORNIA, ADOPTING AN
AMENDMENT OF THE PERSONNEL RULES AND REGULATIONS was
adopted.

9. NOTICE OF COMPLETION FOR NON-ARTERIAL STREETS, ZONE A (PW 2022-05A) AND LAKE FOREST SPORTS PARK PARKING LOT (24P15)

SLURRY SEAL PROJECTS
ACTION: 1. American Asphalt South, Inc. was found to have completed construction of Slurry Seal Project for Non-Arterial Streets, Zone A (PW 2022- 05A) and Lake Forest Sports Park Parking Lot Slurry Seal (24P15). 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 the City Council approval, as required by Section 9204 of the California Civil Code. 4. Staff was authorized to release any Item: 7
25 December 3, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 3 of 6 unencumbered retention in accordance with California law.

10. AWARD CONSTRUCTION CONTRACT TO MARINA LANDSCAPE, INC. FOR IRRIGATION CONSERVATION PROGRAM PROJECT (PW 2022-03)
ACTION: 1. A contract in the amount of $310,265.75 was awarded to Marina Landscape, Inc. for the Irrigation Conservation Program Project (PW 2022-03).

2. A Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA AMENDING THE 2023-2030 CAPITAL

IMPROVEMENT PLAN, AMENDING APPROPRIATIONS FOR FISCAL YEAR 2024-25” was adopted. 3. The Mayor was authorized to sign, and the City Clerk to attest, the award of contract to Marina Landscape, Inc. substantially in the form attached. 4. All other bids received were rejected and the return of the bid bonds was authorized upon receipt of the executed contract documents with Marina Landscape, Inc.

ITEMS PULLED FOR DISCUSSION: (Item Nos. 5 – 7)
STATEMENTS READ INTO THE RECORD:

Mayor Pro Tem Voigts: There are warrants on the register to the County of Orange. I am an employee of the County of Orange, but I do not work for the department that generated the warrants. Because the County of Orange is a public agency and because I do not work for the departments in question, I have determined that I have a non-interest in these warrants and will vote on this item.

MOTION: It was moved by Mayor Pro Tem Voigts, seconded by Council Member Yu, to approve Consent Calendar Item Nos. 5 – 7. The motion was carried by a vote of 5-0.

5. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 19, 2024
Andrew O’Connor offered public comment and expressed concerns with staff and City Council members reporting on attending conferences.

ACTION: The minutes were approved as submitted.

6. CERTIFICATION OF WARRANT REGISTER
Andrew O’Connor offered public comment and expressed concerns with various costs.

ACTION: The warrant register was approved in the amount of $7,048,708.73.

7. SECOND READING OF AN ORDINANCE AMENDING THE PRIMA FACIE Item: 7
26 December 3, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 4 of 6

SPEED LIMITS ON VARIOUS ROADWAYS THROUGHOUT THE CITY
Andrew O’Connor offered public comment and expressed concerns with City Council Member Yu.

ACTION: The second reading was conducted and an Ordinance entitled: AN

ORDINANCE OF THE CITY COUNCIL OF LAKE FOREST, CALIFORNIA,

AMENDING THE PRIMA FACIE SPEED LIMITS ON VARIOUS ROADWAYS THROUGHOUT THE CITY was adopted.

PUBLIC HEARING ITEM(S): (Item No. 11)

11. PUBLIC HEARING TO CONSIDER A RESOLUTION OF ABANDONMENT OF A

PORTION OF THE TEMPORARY CONSTRUCTION EASEMENT NOT

REQUIRED FOR THE JERONIMO ROAD WIDENING IMPROVEMENT

PROJECT
Mayor Tettemer opened the public hearing. City Manager Rose introduced this item and invited Assistant City Engineer Erdman to provide a presentation. No public comment was offered. Council member questions were asked and answered. Mayor Tettemer closed the public hearing.

MOTION: It was moved by Council Member Yu, seconded by Council Member Pequeño, to: 1. Conduct a Noticed Public Hearing to Consider the Adoption of a Resolution entitled: RESOLUTION OF ABANDONMENT ABANDONING THAT

PORTION OF A TEMPORARY CONSTRUCTION EASEMENT IN THAT
CERTAIN REAL PROPERTY COMMONLY KNOWN AS 25052 FARTHING

STREET, CITY OF LAKE FOREST, CALIFORNIA, SOUGHT BY EMINENT

DOMAIN THAT IS NOT REQUIRED FOR THE JERONIMO ROAD WIDENING IMPROVEMENTS PROJECT; 2. Adopt The Proposed Resolution of Abandonment entitled: RESOLUTION OF ABANDONMENT ABANDONING

THAT PORTION OF A TEMPORARY CONSTRUCTION EASEMENT IN THAT CERTAIN REAL PROPERTY COMMONLY KNOWN AS 25052 FARTHING

STREET, CITY OF LAKE FOREST, CALIFORNIA, SOUGHT BY EMINENT

DOMAIN THAT IS NOT REQUIRED FOR THE JERONIMO ROAD WIDENING IMPROVEMENTS PROJECT. 3. Authorize City Staff and Counsel to file with the Court and serve on the Owner of Record a Notice of Abandonment. The motion was carried by a vote of 5-0.

DISCUSSION/ACTION ITEMS: (Item No. 12)

12. CONSIDERATION OF TENTH FUNDING PHASE FOR THE CITY’S SHOP & DINE COMMUNITY GIFT CARD PROGRAM WITH YIFTEE, INC.

City Manager Rose introduced this item and invited Economic Development/Housing Manager Grijalva to provide a presentation. Andrew Item: 7
27 December 3, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 5 of 6 O’Connor offered public comment and expressed concerns with the program.

City Council member questions were asked and answered. Mayor Pro Tem Voigts made a friendly amendment to the motion to increase the funding to $1,130,000.00.

MOTION: It was moved by Mayor Pro Tem Voigts, seconded by City Council Member Yu, to increase the agreement amount to $1,130,000.00, and 1. That the City Council authorize the City Manager to enter into a BOGO Campaign Quickstart Agreement with Yiftee, Inc. and solely include the $50 and $100 gift card options with a limit of one gift card per purchaser for the Shop & Dine Community Gift Card Program, and increase the resolution amount to $1,130,000.00, and 2. 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 and updating the appropriation amount to reflect $1,130,000.00. The motion was carried by a vote of 5-0.

CITY MANAGER'S REPORT: City Manager Rose reminded everyone of the tree lighting event on Saturday, December 14, 2024, and provided an update on holiday lights throughout the city.

CITY COUNCIL COMMENTS:

Council Member Cirbo: Council Member Cirbo reported on his attendance at the Elf Yourself 5k event.

Council Member Pequeño: Council Member Pequeño thanked staff for all their hard work. He reported on his attendance at the Elf
Yourself 5k event, encouraged everyone to participate
in the Toy Drive for Children’s Hospital of Orange
County, and congratulated the Saddleback Valley Pop
Warner teams.

Council Member Yu: Council Member Yu thanked staff for their hard work.

Mayor Pro Tem Voigts: Mayor Pro Tem Voigts thanked staff for their hard work. He reported on his attendance at the Elf
Yourself 5k event and a ribbon cutting ceremony for
Absolute Grappling. He encouraged everyone to
participate in a candlelight service at Heritage Hill
Park on December 7-8, 2024, and the Third Annual
Trout Derby hosted by Third District Supervisor
Wagner on December 7, 2024.

Mayor Tettemer: Mayor Tettemer reported on his attendance at the Elf Item: 7
28 December 3, 2024 LAKE FOREST CITY COUNCIL MEETING MINUTES Page 6 of 6 Yourself 5k event, the ACC-OC annual business
meeting, a Boy Scout Eagle court of honor event, and
an OCTA express train ride.

ADJOURNMENT: The Regular Meeting of the City Council was adjourned at 8:11 p.m.

Respectfully submitted:

APPROVED:

LISA BERGLUND MARK TETTEMER

CITY CLERK MAYOR
Item: 7
29 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/17/2024
DEPARTMENT: Management Services
SUBJECT:

AGREEMENT FOR NEW CITY WEBSITE
RECOMMENDED ACTION(S):

1. Approve Professional Consultant Services Agreement with Revize for City Website Hosting and Content Management Services.

2. Authorize the Mayor to sign and the City Clerk to attest to the Agreement, substantially in the form attached.

EXECUTIVE SUMMARY:

The City’s website is a critical component to meeting the City’s Strategic Plan Goal B: Our connected city is engaged, informed, and technologically current.

To improve usability of the City’s website for residents and staff, the City released a Request for Proposal (“RFP”) to solicit proposals for City Website Hosting and Content Management Services from qualified website design and hosting firms on July 24, 2024. Following the RFP process, staff recommend awarding a Professional Services Agreement to Revize to design, create, host, and maintain a new City website and mobile app (“Agreement”) (Attachment 1).

The proposed Agreement includes a total compensation amount of $129,585 for the initial term of three years with two optional one-year extensions. Staff performed a reference check that provided favorable reviews of Revize’s services with other government agencies (Attachment 2). The proposed Agreement was prepared by the Finance Department and was approved as to form by the City Attorney. The Communications and Marketing Division budget has sufficient funding for the first-year costs of the proposed Agreement with Revize. Pending City Council approval, staff anticipates the new website to go live by August 1, 2025.

BACKGROUND:

The City entered into an agreement with 360Civic for a new website and mobile app in June 2022 after a formal RFP process. In January 2024, the owner of Item: 8
30 360Civic announced the sale of the company to 360GT, an unrelated business entity. Subsequently, the City entered into an agreement with 360GT for website hosting services through September 2024. To accommodate the development of a new website, the City entered into a second agreement with 360GT for website hosting services through September 2025.

As the City’s primary communication resource, the City’s website receives about 600,000 visits each year. Most visitors access the site to receive information about upcoming public meetings, emergency operations (wildfires, earthquakes, COVID-19, etc.), and review building permit requirements. The City website also houses the request tracking system (often referred to as “Ask Lake Forest”), which enables residents to submit service requests regarding a variety of topics, most commonly potholes, parking, and other maintenance-related issues. The City receives about 3,000 citizens requests each year.

DISCUSSION:

On July 24, 2024, the City released an RFP to solicit proposals for Website Hosting and Content Management Services. The scope of services for the RFP included cleanly designed, easy-to-navigate pages, as well as accommodating the City’s suite of communications tools, such as the mobile app, Ask Lake Forest, and 24-hour streaming of the City’s cable government channel, Cox 851.

The RFP received 785 project views on the City’s eProcurement portal, OpenGov, and was downloaded by 53 prospective applicants. Thirteen firms submitted proposals. Staff reviewed all proposals for completion and determined 11 proposals met all mandatory elements. The City Manager approved an interdepartmental Selection Committee composed of:

Deputy City Manager, Management Services
Communications and Marketing Manager, Management Services Sr. Communications and Marketing Analyst, Management Services Management Assistant, Public Works
GIS Applications Analyst, City Manager’s Office
Of the 11 proposers that met all mandatory elements, three received an average technical proposal score of 60 or higher and qualified for an interview.

Table 1 below reflects the scores for each firm.

Item: 8
31 Table 1: Technical Review Phase Scoring

Vendor Evaluator
1 Evaluator
2 Evaluator
3 Evaluator
4 Evaluator
5 Total
Avg.

Score
(Max
100)
Revize 70 91.5 72.5 78.5 80.3 78.55
Planeteria Media 70 74.5 70 68.5 80 72.6
Exemplifi LLC 70 60 74 51.5 80 67.1
WeUsThem, Inc 57.5 48.5 62.5 69.5 55 58.6
Moravia IT, LLC 50 43 61.5 73.5 59 57.4
Golden Five LLC 50 43 64.5 67 54 55.7
Green Media
Creations, Inc
50 45.5 58.5 56.5 55 53.1
Octilion LLC 60 39.5 56.5 41 63.5 52.1
The Green Team
LLC
51 43.5 48.5 56 60.5 51.9
Mandala Creative 56 37 50 54 58.5 51.1
Compunnel Software
Group

57.5 55 55.5 38.5 46 50.5
Transform Digital
LLC
(Excluded)
0 0 0 0 0 0
Micro Burst Media
(Excluded)
0 0 0 0 0 0
Three firms were selected for interviews after the Technical Review: Revize, Planeteria Media, and Exemplifi LLC. Revize was ranked highest after the interviews and costing review, as shown in Table 2.

Table 2: Interview and Costing Review

Vendor

Evaluator
1 Evaluator
2 Evaluator
3 Evaluator
4 Evaluator
5 Total
Avg.

Score
(Max
200)
Revize 195.2 191.2 167.2 161.8 179.2 172.16
Exemplifi LLC 128 62.4 136 163.2 140.8 126.08
Planeteria Media 110 86.8 118.8 132.4 127.6 115.12

At the conclusion of the selection process, staff reviewed the cost proposals from each of the three interviewed firms: Revize, Exemplifi LLC and Planeteria Media. Table 3 shows the total costs proposed by each firm for the base scope of the project.

Item: 8
32 Table 3: Cost Proposals

Description

Revize
Planeteria
Media

Exemplifi LLC
Website, Mobile App
Design/Implementation $85,785 $133,000 $166,250
Site/App
Hosting/Maintenance
3 Years $43,800 $50,100 $56,088
Total
3 Years $129,585 $183,100 $222,338
Hosting/Maintenance
Year 4 $15,800 $17,350 $23,598
Hosting/Maintenance
Year 5 $15,800 $17,350 $26,790
Total (5 Years) $161,185 $217,800 $272,726

After the evaluation process for the submitted proposals was completed, staff recommends awarding a Professional Consultant Services Agreement to Revize for City Website Redesign and Hosting (Attachment 1). Not only did Revize score highest in the Technical Review (Table 1), but the firm also garnered the highest score among the three finalists in the Interview and Costing Review (Table 2). Revize’s cost proposal (Table 3) was also the lowest among the three finalists (Table 3).

Revize, which specializes in government websites, offered many features other vendors included as pay-for extras. Their proposal includes a news center with social media integration, a chatbot, online forms, a photo gallery, language translator, citizens request center, like “Ask Lake Forest,” and an interactive map of key features such as the Civic Center and City parks. The chatbot is expected to improve residents’ and other users’ experience using the website.

The AI-powered chatbot learns the website and provides detailed answers to questions in seconds. Additionally, the City can direct the chatbot to gather information from other websites, such as our public safety or utility partners, and provide answers to those questions, as well. That will help, for example, when a resident asks how to report a non-functioning streetlight. Rather than referring the resident to the Southern California Edison (“SCE”) site, the chatbot can provide the phone number or weblink directly.

The Revize proposal includes a comprehensive 8-phase plan to redesign the City’s website and mobile app over a 21- to 27-week period. The Communications and Marketing Division will ask for at least one representative from each division in the City to join a committee to shape the new website.

Pending City Council approval of the proposed Agreement, the estimated launch date of the new website will be August 1, 2025.

Item: 8
33 Staff also discussed the City’s comprehensive rebranding effort with the proposed contractor. Revize agreed to work with staff as well as the branding consultant, JPW Communications, to ensure the City’s website reflects the new brand. While Revize typically includes a free website update/redesign in year four of a five-year agreement, the Revize team agreed to implement the redesign to coincide with the completion of the City’s branding effort.

The proposed Agreement was prepared by the Finance Department and was approved as to form by the City Attorney. Staff performed a reference check for Revize, which yielded positive recommendations from various local government clients (Attachment 2).

FISCAL IMPACT:

The proposed Agreement with Revize includes a total compensation amount of $129,585 for the initial term of three years. Sufficient funds exist in the Communications and Marketing Division FY 2024-25 budget to cover the costs of the recommended action.

ATTACHMENTS:

1. Proposed Agreement with Revize

2. References for Revize
Initiated By: Jonathan Volzke, Communications & Marketing Manager Submitted By: Sean McGovern, Deputy City Manager
Approved By: Debra Rose, City Manager
Item: 8
34 Attachment 1
Item: 8
35 WEBSITE HOSTING AND CONTENT MANAGEMENT SERVICES
(2024-109)

City of Lake Forest
100 Civic Center Dr.

Lake Forest, CA 92630

Docusign Envelope ID: B0D6D09A-AFE8-454F-BE86-632916864491 Item: 8
36 City of Lake Forest
Professional Consultant Services Agreement
Website Hosting and Content Management 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: B0D6D09A-AFE8-454F-BE86-632916864491 Item: 8
37 Title: Website Hosting and Content Management Services 3 1. PARTIES AND DATE.

This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], ("Effective Date"), 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 Revize LLC, a Michigan Limited Liability Company (LLC), with its principal place of business at 150 Kirts Blvd, Troy, Michigan 48084 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.” Docusign Envelope ID: B0D6D09A-AFE8-454F-BE86-632916864491 Item: 8
38 Title: Website Hosting and Content Management Services 4 2. RECITALS.

2.1. Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional Website Hosting and Content Management 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 Website Hosting and Content Management 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 Website Hosting and Content Management consulting services for the Website Hosting and Content Management Services project ("Project") as set forth in this Agreement.

Docusign Envelope ID: B0D6D09A-AFE8-454F-BE86-632916864491 Item: 8
39 Title: Website Hosting and Content Management 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 Website Hosting and Content Management 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 commence on the Commencement Date, as defined as the earlier of: (a) July 1, 2024, or (b) the date upon which Consultant completes the final website and mobile app design and implementation, as approved in writing by City. The initial term of this Agreement shall be for a period of three (3) years, 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: B0D6D09A-AFE8-454F-BE86-632916864491 /5
Item: 8
40 Title: Website Hosting and Content Management 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: Thomas Jean, Program Manager.

3.2.5 City's Representative. The City hereby designates Sean McGovern, Deputy City Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.6 Consultant's Representative. Consultant hereby designates Thomas Jean, Program Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its Docusign Envelope ID: B0D6D09A-AFE8-454F-BE86-632916864491 Item: 8
41 Title: Website Hosting and Content Management 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: B0D6D09A-AFE8-454F-BE86-632916864491 Item: 8
42 Title: Website Hosting and Content Management 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: B0D6D09A-AFE8-454F-BE86-632916864491 Item: 8
43 Title: Website Hosting and Content Management 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-NINE THOUSAND FIVE HUNDRED EIGHTY-FIVE DOLLARS ($129,585.00) 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 set forth in Exhibit "C" of this Agreement and in a manner set forth in Section 3.3.2 below.

3.3.2 Payment of Compensation. Payment for Services shall be made by City to Consultant for Services completed, under the payment terms described herein this Section.

3.3.2.1 Design and Implementation. Following the Effective Date of this Agreement and upon receipt of an invoice from Consultant, City shall pay Consultant for the initial website and mobile app design and implementation fees as described in Schedule “C” of this Agreement, attached hereto and incorporated herein by reference.

3.3.2.2 Hosting and Maintenance – Year 1. Following the Commencement Date of this Agreement and upon receipt of an invoice from Consultant, City shall pay Consultant the Year 1 website hosting, maintenance, and mobile app maintenance fees, as described in Schedule “C” of this Agreement, attached hereto and incorporated herein by reference.

3.3.2.3 Hosting and Maintenance – Year 2 and Beyond. City shall, upon receipt of an invoice from Consultant, pay Consultant for the annual website hosting and maintenance and mobile app maintenance, beginning in Year 2 and beyond, on a prorated, monthly basis.

3.3.2.4 Payment Terms. Consultant shall submit to City an invoice which indicates the work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided for the preceding month, or since the start of the subsequent billing period, as appropriate, through the date of the invoice. City shall, within thirty (30) calendar 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) calendar 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.”
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44 Title: Website Hosting and Content Management Services 10 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, 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 Docusign Envelope ID: B0D6D09A-AFE8-454F-BE86-632916864491 Item: 8
45 Title: Website Hosting and Content Management Services 11 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: Revize LLC
150 Kirts Blvd
Troy, Michigan 48084
ATTN: Thomas Jean, Program Manager
City: City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
ATTN: City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.2 Ownership of Materials and Confidentiality.

3.6.2.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

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46 Title: Website Hosting and Content Management Services 12 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) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non- appealable order by a court of competent jurisdiction requires that City release such information.

3.6.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be 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 Docusign Envelope ID: B0D6D09A-AFE8-454F-BE86-632916864491 Item: 8
47 Title: Website Hosting and Content Management Services 13 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.

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.

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48 Title: Website Hosting and Content Management Services 14 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 because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.6.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.7. Subcontracting.

3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

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49 Title: Website Hosting and Content Management Services 15 4. SIGNATURES.

4.1. SIGNATURES.

CITY OF LAKE FOREST Revize LLC
By: [AUTHORIZED CITY SIGNATURE]

Mark Tettemer
Mayor
By: [VENDOR SIGNATURE 1]

Akshaya Ray
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]

Akshaya Ray
Secretary (Corporation or LLC)
APPROVED AS TO FORM:

By: [CITY ATTORNEY SIGNATURE]

Best Best & Krieger LLP
City Attorney

[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
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50 Title: Website Hosting and Content Management Services 16 5. EXHIBIT "A" SCOPE OF SERVICES

5.1. EXHIBIT "A" SCOPE OF SERVICES
Consultant shall provide the following professional Website Hosting and Content Management consulting services relative to the City's Website Hosting and Content Management project ("Project"). 1) Website Content Management and Hosting Services
Consultant shall provide Website Hosting, Maintenance, Design, and Improvements to it’s websites and mobile app based. In addition to featuring cleanly designed, easy-to-navigate pages, the site should incorporate or accommodate the City’s other communication tools, such as its mobile app, Alexa skill, social media (Facebook, Twitter, Instagram, Nextdoor), Visix, and other channels in an easy to use and find manner.

The proposal should also provide the option of 24-hour streaming of the City’s cable government channel.

The site should ensure the City’s services, programs and activities are visible and easily accessible to website users to demonstrate transparency and accountability.
2) General Website Content Management System Features:

A. Website Solutions
 Dynamic Website: An engaging and interactive site that adapts to user needs.  Customer Relations Management (CRM): Integrate CRM tools to manage customer interactions efficiently.
 Website Analytics: Track metrics including:
o Number of hits and unique visitors
o Keyword searches (SEO)
o Visitor duration on pages
o Popular and broken links
o Scheduled email reports
 Interactive Image Gallery: Manage and display images in a user-friendly gallery.  Bulk Media Uploads: Organize, manage, and upload multiple pictures and videos simultaneously.

Include templates for different page layouts. Automatically resize images for optimal website speed.  Unlimited Photo Uploads: Upload unlimited photos with no file size restrictions.  Multilingual Content: Integrate multi-language support with Google Translate.  Widgets: Incorporate widgets where applicable for enhanced functionality.  Master Calendar: Share events, meetings, and holidays on a central calendar. Export events to Google Calendar, iCal, and Outlook.

Docusign Envelope ID: B0D6D09A-AFE8-454F-BE86-632916864491 Item: 8
51 Title: Website Hosting and Content Management Services 17  Auto-Archiving Publications: Automatically archive meeting agendas and publications by categorization and date.
 Directory: Include a directory for staff, departments, city facilities, and services.  Cross-Platform Compatibility: Ensure compatibility with Android, Microsoft, and Apple operating systems.
 E-Notification Sign-Up: Allow users to sign up for notifications on specific website updates (e.g., calendar, news). Automatically send email notifications when updates occur.  iFrame Functionality: Embed videos, third-party applications, and documents within HTML pages using iFrame.
 Constant Contact Integration: Enable users to sign up for Constant Contact newsletters via the website.
 Update to the current version of the language or CMS when available.

B. Content Management
 Document Management: Organize, manage, and archive uploaded documents with dynamic search capabilities, displaying the newest documents first.
 Scheduled Content Publishing: Ability to schedule when content is published.  Rotating Content: Feature rotating banner images, headline articles, videos, and emergency alerts on the front page or departmental pages.
 Splash Screens/Pop-ups: Activate splash screens or pop-up notifications for timely or important information.
 Cross-Platform Applications: Ensure compatibility with Windows, Android, and Apple applications.  Video Integration: Upload, display, and archive videos, with integration for YouTube, Vimeo, and other video players.
 Photo Management: Store, display, and share photos.
 Live Streaming: Option to live stream content from the City's Government television channel.  Podcast Hosting: Upload, feature, and play podcasts.
 Form Creator: Develop interactive online forms with the following capabilities:
o Unlimited categories and forms
o Electronic form submission by citizens
o Data storage in a database with export functionality
o Integration and customization with other CMS applications Docusign Envelope ID: B0D6D09A-AFE8-454F-BE86-632916864491 Item: 8
52 Title: Website Hosting and Content Management Services 18 o Automatic email notifications to staff upon form submission o Option for read receipts
C. Content Editor
 ADA/Section 508 Compliance: Ensure all content meets accessibility standards.  Backend Customization: Enable in-house staff to alter and amend major website functions, design, and layout, including the homepage and mega-menus.
 Content Publisher Control: Allow in-page content review, editing, and publishing.  Drag-and-Drop Functionality: Easily drag and drop photos with auto-scaling and resizing.  WYSIWYG Rich Text Editor: Use a WYSIWYG editor with limited features to maintain a consistent look and feel. Includes spell checker and SEO editing.
 Print-Friendly Pages: Ensure pages are print-friendly.  User Access Levels: Assign varying levels of access to content editing, from full admin rights to limited user permissions based on content responsibility.

D. Navigation
 Easy Navigation: Include a simple drop-down menu bar.  Breadcrumb Navigation: Allow users to trace their path back to the original landing location.  Sitemap Directory: Provide an alternative navigation option through a sitemap directory.  Custom Links: Enable the creation of custom links for pages and files.  Translation: Translate website content using Google Translate or comparable tools, supporting all available languages.
 Chatbot Integration: Link residents with website material and the City's Alexa skill through a chatbot function.
 Advanced Site Search:
o Sort search results by date, content, title, or relevance o Filter by content type and apply advanced search techniques o Administrators can tune search results with synonyms and keywords o Search within web content and files (PDFs, Word Documents, etc.) o Search functionality must be contained within the Lake Forest site o Prominent search bar on the home page, accessible throughout the website E. Social Media and Other Outreach
Docusign Envelope ID: B0D6D09A-AFE8-454F-BE86-632916864491 Item: 8
53 Title: Website Hosting and Content Management Services 19  One-Click Social Media: Easy integration with social media platforms.  RSS Feeds: Provide RSS feeds for frequently updated content, with separate feeds for news releases, emergency alerts, photo galleries, and calendar events.  "Share This" Links: Enable site visitors to share content on Facebook, Twitter, LinkedIn, Nextdoor, Instagram, and more.
 "Email a Friend" Link: Allows users to email content to friends easily.  Social Media Icons: Display social media icons in the footer throughout the website.  Subscription Notifications: Offer subscription-based notifications for updates.  Alexa Skill Integration: Potential integration with the City’s Alexa skill (Chatbot).  Visix Digital Signage Integration: Potential integration with the City’s Visix Digital Signage System.  Mobile App Integration: Integrate with the City’s mobile app or provide a coordinated app compatible with iOS and Android devices.

F. Compatibility
 Multi-Browser Compatibility: Ensure compatibility with multiple browsers, including Internet Explorer, Chrome, Mozilla Firefox, and Safari for desktops.  Mobile Device Support: Deliver web content optimized for mobile devices and tablets (e.g., iPad, iPhone, Android) with a responsive design template.

G. Security and Authorizations
 Role-Based Access Control (RBAC):
o Define roles: Admin, Editor, Contributor, Viewer
o Assign permissions based on roles to control access to CMS sections and functions  Two-Factor Authentication (2FA):
o Require 2FA for all CMS users
o Support SMS, email, or authentication apps for the second factor  Content Approval Workflow:
o Require Admin approval for content changes by Contributors and Editors before publishing o Log all changes for auditing
 Regular Security Audits:
o Schedule regular security audits and vulnerability scans o Promptly address vulnerabilities and apply security patches Docusign Envelope ID: B0D6D09A-AFE8-454F-BE86-632916864491 Item: 8
54 Title: Website Hosting and Content Management Services 20  Data Encryption:
o Encrypt sensitive data like user credentials
o Use SSL/TLS protocols for data transmission security
o Protect email addresses from harvesting for spam
 User Management:
o Centrally manage users and specify access rights
o Create groups with different access rights
o Allow unlimited user logins
o Assign varying access levels based on content responsibility  Spam Filter:
o Implement a customizable and robust spam filter
H. Training and Support
 Training:
o Provide initial live training for selected staff
o Offer online and video training resources
 Live Support:
o Available via email or phone during vendor’s business hours o The support team must be knowledgeable about the CMS features and applications  Emergency Support:
o Designated admins have access to live emergency support o Specify emergency support availability times
 24/7 Support Materials:
o Access to online training manuals, FAQs, support forums, instructional videos, newsletters, webinars, request forms, online courses, and updates via social media  Service Level Agreement (SLA):
o Provide an SLA detailing customer support guarantees and a service escalation process I. Performance
 Uptime: Ensure the website functions 99.9% of the time, 24/7.

Docusign Envelope ID: B0D6D09A-AFE8-454F-BE86-632916864491 Item: 8
55 Title: Website Hosting and Content Management Services 21  Load Handling: Ensure the website can handle increased usage during emergencies when the public needs information.
3) Compatible Mobile Application
The City desires to create and develop a new mobile application with the website vendor selected for this project. Please provide a separate cost breakdown and project timeline for the creation and launch of a mobile application.

The mobile application should include the following:
 Compatible with website functionality.
 The ability for users to upload customer-service tickets and photographs, with GIS identification.  Video player.
 Push notifications to users.
 Customer Service Request Module/function (Similar to the current “Ask Lake Forest” system being used in current Mobile Application).
o User-Friendly Interface:
 Intuitive and easy-to-navigate design
 Mobile-friendly access
o Multiple Request Channels:
 Web form submissions
 Mobile app integration
 Email support
 Phone support with voice recognition
o Request Tracking and Status Updates:
 Unique tracking numbers for each request
 Real-time status updates
 Notifications via email or SMS
o Detailed Request Forms:
 Customizable forms for different types of requests (e.g., pothole repair, noise complaint, utility issues)
 Ability to upload multiple photos or videos
 Auto-fill options for frequent users
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56 Title: Website Hosting and Content Management Services 22 o GIS Integration:
 Interactive maps to pinpoint the exact locations of issues  Ability to see previously reported issues in the area o Knowledge Base and FAQs:
 Access to a searchable knowledge base for common issues  Auto-suggest FAQs based on user input
o Service Level Agreements (SLAs):
 Defined response and resolution times for different types of requests  SLA tracking to ensure compliance
o Multi-Language Support:
 Forms and interfaces are available in multiple languages. All languages available via Google Translate
 Integration with translation services such as Google Translate o Workflow Automation:
 Automatic assignment of requests to the appropriate department  Ability to re-assign requests to different staff
 Escalation procedures for overdue requests
o Reporting and Analytics:
 Dashboard for tracking request volumes and trends
 Performance metrics for response and resolution times  Exportable reports for analysis and decision-making
o Feedback and Surveys:
 Post-resolution feedback forms
 Customer satisfaction surveys
o Integration with Existing Systems:
 Seamless integration with the city’s CRM, ERP, and other systems  API access for third-party integrations
o Secure Authentication:
 User authentication for tracking request history
Docusign Envelope ID: B0D6D09A-AFE8-454F-BE86-632916864491 Item: 8
57 Title: Website Hosting and Content Management Services 23  Support for single sign-on (SSO)
 Ability to generate and anonymous request
o Accessibility:
 ADA/Section 508 compliance for all forms and interfaces  Voice command support for users with disabilities
o Emergency and Priority Handling:
 Flags for high-priority or emergency requests
 Direct lines to emergency services if needed
o Historical Data Access:
 Access to previously submitted requests and their resolutions  Ability to reopen closed requests if issues persist
 App should be available in in major app stores for free download. Apple Apps, Google Play, and Android Stores, etc. Updates should be provided if security issues or changes occur via Apple or Google.

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58 Title: Website Hosting and Content Management 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 Services as directed by City.

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59 Title: Website Hosting and Content Management Services 25 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-NINE THOUSAND FIVE HUNDRED EIGHTY-FIVE DOLLARS ($129,585.00).

Description Quantity
Unit of
Measure Unit Cost Total
Initial Three-Year Term
Website Design and Implementation (Year 1 Only) 1 One-Time $78,755.00 $78,755.00 Mobile App Design and Implementation (Year 1 only) 1 One-Time $7,030.00 $7,030.00 Year 1 Website Hosting 1 Annual $8,900.00 $8,900.00
Year 1 Website Maintenance 1 Annual $3,800.00 $3,800.00 Year 1 Mobile App Maintenance 1 Annual $1,900.00 $1,900.00 Total (Year 1): $100,385.00
Year 2 Website Hosting 1 Annual $8,900.00 $8,900.00
Year 2 Website Maintenance 1 Annual $3,800.00 $3,800.00 Year 2 Mobile App Maintenance 1 Annual $1,900.00 $1,900.00 Total (Year 2): $14,600.00
Year 3 Website Hosting 1 Annual $8,900.00 $8,900.00
Year 3 Website Maintenance 1 Annual $3,800.00 $3,800.00 Year 3 Mobile App Maintenance 1 Annual $1,900.00 $1,900.00 Total (Year 3): $14,600.00
Total Contract Amount (Years 1-3): $129,585.00
Optional Years (Subject to Amendments exercising optional one-year extensions per section 3.1.2 of the Agreement) Year 4 Website Hosting 1 Annual $9,400.00 $9,400.00
Year 4 Website Maintenance (Includes free redesign) 1 Annual $4,200.00 $4,200.00 Year 4 Mobile App Maintenance 1 Annual $2,200.00 $2,200.00 First Optional One-Year Extension (Year 4): $15,800.00
Year 5 Website Hosting 1 Annual $9,400.00 $9,400.00
Docusign Envelope ID: B0D6D09A-AFE8-454F-BE86-632916864491 Item: 8
60 Title: Website Hosting and Content Management Services 26 Year 5 Website Maintenance 1 Annual $4,200.00 $4,200.00 Year 5 Mobile App Maintenance 1 Annual $2,200.00 $2,200.00 Second Optional One-Year Extension (Year 5): $15,800.00

Docusign Envelope ID: B0D6D09A-AFE8-454F-BE86-632916864491 Item: 8
61 Title: Website Hosting and Content Management Services 27 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.

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:

Docusign Envelope ID: B0D6D09A-AFE8-454F-BE86-632916864491 Item: 8
62 Title: Website Hosting and Content Management Services 28 (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 self- insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

1.1.5 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a Docusign Envelope ID: B0D6D09A-AFE8-454F-BE86-632916864491 Item: 8
63 Title: Website Hosting and Content Management Services 29 loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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

1.1.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

1.1.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.

1.1.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

1.1.10 Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

1.1.11 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

1.1.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its Docusign Envelope ID: B0D6D09A-AFE8-454F-BE86-632916864491 Item: 8
64 Title: Website Hosting and Content Management Services 30 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: B0D6D09A-AFE8-454F-BE86-632916864491 Item: 8
65 Attachment 2
Item: 8
66 Website and Mobile App Design, Hosting and Maintenance Reference Checks for Revize

Agency Wylie, TX Pasco County, FL Tipton County, TN
Title Public Information
Officer
Web Content
Developer
GIS Director
What services did
Revize perform for
you?

We launched
with Revize more than
10 years ago and have
gone through 2
redesigns with Revize.

Revize did a complete
rebuild of our internal
website (intranet) and
our external website
(MyPasco.net). We
were under a very
tight timeline as our
sites needed to be
completed in about 5
months. Revize did an
amazing job for us
under this timeline.

Our website has 57
lines of business and
was a huge project to
take on in that amount
of time, but they
nailed it!
New website in 2013
and 2018
How would you rate
the quality of Revize’s
work?
I rate Revize as a 9.

Their designs are
unique and the coding
is extremely mobile
enabled. Updating the
site is also easy and
intuitive.
10/10 Everything from
the initial design to
project launch went
off without any issues.

10/10

How responsive was
Revize during the
project, as well as
afterward?
Revize is very
responsive. If
anything, I have
slowed them down.

Revize has been great
to us. We had a great
experience with them
throughout the project
and even after the
website official
launch on January 1,
2024. They have
always been
responsive to us for
any requests even
after completion. The
team is quick and very
knowledgeable.

Very responsive
Item: 8
67 Website and Mobile App Design, Hosting and Maintenance Reference Checks for Revize

Agency Wylie, TX Pasco County, FL Tipton County, TN
Did the firm meet all
deadlines?
Revize has met
deadlines.

The tightest deadline
we had was our
launch date for the
new website which
was within a 5-month
time frame. We
started our project in
mid-August of 2023
and launched Dec 28,
2023 They had no
problem meeting the
launch date of Jan 1,
2024.

Yes
Would you consider
Revize for future
projects/services?
I definitely will
use Revize in the
future.

Yes. Revize has been
awesome to work
with. We have not had
any issues with them
and their customer
service has been
great. The response
time for any issues
that came up after
launch has been
quick. I would highly
recommend Revize for
your website.

Yes

Item: 8
68 CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/17/2024
DEPARTMENT: City Manager
SUBJECT:

FIRST AMENDMENT TO 2022-2025 AGREEMENT WITH AMERINAT FOR

LOAN PORTFOLIO MANAGEMENT SERVICES
RECOMMENDED ACTION(S):

1. Approve a First Amendment to the July 1, 2022, to June 30, 2025, Agreement with AmeriNat, for loan portfolio management services to the City of Lake Forest Housing Authority.

2. Authorize the Mayor to sign, and the City Clerk to Attest the First Amendment to Agreement with AmeriNat, substantially in the form attached.

EXECUTIVE SUMMARY:

Since 1994, the City of Lake Forest (“City”) has received annual Community Development Block Grant (“CDBG”) funding from the Department of Housing and Urban Development (“HUD”) to promote the development of viable urban communities through decent housing, suitable living environments, and expanded economic opportunities for low and moderate-income individuals. A significant portion of these funds supports the City’s Housing Rehabilitation Program, which offers loans to income-eligible homeowners to address essential repairs such as roofing, plumbing, and electrical work.

Currently, the City contracts with AmeriNat to service Housing Rehabilitation Program loans, providing services such as loan documentation, servicing, insurance management, and portfolio oversight. The current Agreement has a total not-to-exceed compensation of $45,000 and is set to expire on June 30, 2025, with two one-year extensions available. Due to an increase in AmeriNat’s service fees and the anticipated rise in loan applications, staff recommend increasing the total not-to-exceed compensation amount to $70,000.

In addition, the proposed First Amendment to the Agreement with AmeriNat (“First Amendment”) would exercise the first one-year extension option. This would extend the contract through June 30, 2026, and ensure the continuation of the Housing Rehabilitation Program. AmeriNat has demonstrated consistent, high-quality performance in all service categories. Staff recommend the City Council approve the proposed First Amendment to the Agreement with AmeriNat.

Item: 9
69 The proposed amendment was prepared by the Finance Department and approved as to form by the City Attorney (Attachment).

BACKGROUND:

Since 1994, the City has received annual CDBG funding from HUD. CDBG is a formula grant allocated to city and county governments to develop viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities for low and moderate-income persons.

CDBG funds the Housing Rehabilitation Program. It provides loans to income- eligible owners of mobile homes, condominiums, and single-family residential homes to address housing conditions in need of repair (e.g., roofing, plumbing, flooring, and electrical), with particular emphasis on Health and Safety Code violations. The Housing Rehabilitation Program is a key component of the City’s neighborhood preservation efforts, contributes to the overall aesthetics of Lake Forest’s neighborhoods, and assists the City in improving the housing stock, which is one of the goals of the City’s Housing Element and Five-Year CDBG Consolidated Plan.

The City currently has an Agreement with AmeriNat to service existing and future Housing Rehabilitation Program loans. Services provided under the contract include loan document preparation, loan servicing for amortized and deferred loans, lender placed insurance, account inquiries, non-sufficient funds checks, additional portfolio management services, loan transfer, loan reconstruction, reports, loss mitigation, and forbearance plans. The current Agreement has a not-to-exceed compensation of $45,000 and expires on June 30, 2025, with two term extension options.

DISCUSSION:

The proposed First Amendment would increase the not-to-exceed compensation to $70,000 and exercise the first one-year extension option, extending the contract through June 30, 2026. To date, AmeriNat has submitted billing for approximately $40,962.92, which leaves a balance of roughly $4,037.08 remaining compensation under the Agreement.

As shown in Table 1, total service fees from AmeriNat have averaged $18,364.16/year over the prior two full Fiscal Years (“FY”) of the current Agreement.

Item: 9
70 Table 1: AmeriNat Contract Expenditures
Current Contract Budget: $45,000 Expenditures Average
FY 22/23 $20,100
FY 23/24 $16,628.32 $18,364.16
FY 24/25 (to date) $4,234.60
TOTAL $40,962.92
AmeriNat requested an increase in certain fees for the proposed First Amendment due to increasing costs for the provision of its services. Table 2 compares AmeriNat’s fees in the current Agreement to the requested fees for the proposed amendment.

Table 2 – AmeriNat Fee Schedule
Fee Type Original
Agreement Fees
First Amendment
Fees
Flow Loan Set-Up Fee $45.00 $55.00
Monthly Service Fee for
Amortized Loans
$16.58/loan/mo. $16.58/loan/mo.

Credit Reporting $0 $0
Warehouse $2.25 $2.35
Warehouse and monitor of
taxes and/or insurance
$5.85/loan/mo. $6.05/loan/mo.

Warehouse and escrow of
taxes and/or insurance
$16.58/loan/mo. $16.58/loan/mo.

Flat fee for receiving
occasional payments on
deferred loans
$16.58/payment $16.58/payment
One-time tax service fee $72.50 $80.00
Tickler Notifications $12.50 $15.00
Loan Transfer Fee $75.00 $75.00
Check by Phone Service N/A $10.00
As demonstrated by Table 2, AmeriNat’s fees in the proposed First Amendment are higher compared to the current Agreement, leading to an anticipated higher than average expenditure per fiscal year. Given this rise in fees and the anticipated growth in applications for Housing Rehabilitation Loans, staff recommend increasing the compensation under the Agreement by an additional $25,000. This adjustment would raise the total compensation to a not-to-exceed amount of $70,000 for the proposed First Amendment. This increase will not only accommodate the higher service fees but also ensure sufficient funding to support the proposed one-year extension.

Item: 9
71 Vendor Performance Assessment
Pursuant to the Purchasing and Contracting Guidelines, staff is required to complete a vendor performance assessment in conjunction with a proposed contract amendment. To date, staff has determined the professional services of AmeriNat to be very satisfactory, as indicated in the Performance Review table below.

Table 3 – AmeriNat Performance Review
AmeriNat – JULY 1, 2022 – November 30, 2024
Rating Category Unsatisfied – Very Satisfied
Performance of Scope of
Services: ☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐N/A Timeliness: ☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐N/A Budget Performance: ☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐N/A Customer Service: ☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐ N/A AmeriNat has consistently delivered satisfactory services in administering the Housing Rehabilitation Loan Program. To ensure the continued servicing of both current and future loans, as well as the budget capacity to issue new loans, staff recommend the City Council approve the proposed First Amendment to the Agreement with AmeriNat. The proposed First Amendment was prepared by the Finance Department and approved as to form by the City Attorney.

FISCAL IMPACT:

Consulting services provided under this Agreement are paid for with Federal CDBG funds, and the Low/Moderate Income Housing Asset Fund. The First Amendment to the Agreement would increase the total compensation amount by $25,000, which would result in a total not-to-exceed compensation amount of $70,000. Sufficient budget exists for the recommended action.

ATTACHMENTS:

1. Original Agreement with AmeriNat

2. Proposed First Amendment to Agreement with AmeriNat
Initiated By: Hope Hairrell, Management Assistant
Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
Item: 9
72 ATTACHMENT 1
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100

ATTAHCMENT 2
Item: 9
101

HOUSING REHABILITATION LOAN PORTFOLIO MANAGEMENT
(2022-044.1)

City of Lake Forest
100 Civic Center Dr.

Lake Forest, CA 92630

Docusign Envelope ID: BD229AD1-61D2-4F53-B499-B3C0287C0F28 Item: 9
102

City of Lake Forest
First Amendment to Professional Consultant Services Agreement Housing Rehabilitation Loan Portfolio Management
I. PARTIES AND DATE. ................................ ................................ ..............

II. RECITALS. ................................ ................................ ..............................

III. TERMS................................. ................................ ................................ ..

IV. SIGNATURES. ................................ ................................ ........................

V. EXHIBIT "C" - COMPENSATION ................................ ..............................

Docusign Envelope ID: BD229AD1-61D2-4F53-B499-B3C0287C0F28 Item: 9
103

Title: Housing Rehabilitation Loan Portfolio Management 3 1. PARTIES AND DATE.

This First Amendment to the Agreement for Professional Consultant Services ("First Amendment") is entered into the [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California 92630 (“City”) and AmeriNational Community Services, LLC dba AmeriNat, a Minnesota Limited Liability Company (LLC), with its principal place of business at 8121 E. Florence Avenue, Downey, CA 90240 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.” Docusign Envelope ID: BD229AD1-61D2-4F53-B499-B3C0287C0F28 Item: 9
104

Title: Housing Rehabilitation Loan Portfolio Management 4 2. RECITALS.

2.1. Agreement
The Parties entered into that certain Agreement for Loan Portfolio Management dated June 23, 2022 (“Agreement”).

2.2. First Amendment
The Parties now desire to amend the Agreement in order to extend the term of the Agreement, increase the total amount of compensation under the Agreement, and update the City's Representative.

Docusign Envelope ID: BD229AD1-61D2-4F53-B499-B3C0287C0F28 Item: 9
105

Title: Housing Rehabilitation Loan Portfolio Management 5 3. TERMS.

3.1. Term.

Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:

The term of this Agreement shall be from July 1, 2022 to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than one (1) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2. Compensation.

Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:

Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not e xceed SEVENTY THOUSAND DOLLARS ($70,000) 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. City's Representative.

Section 3.2.5 of the Agreement is hereby amended as follows:

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 Consultant but not the authority to enlarge the Scope of Wo rk or change the total compensation due to Consultant under this Agreement. The City 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 s ubject 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.

3.4. Remaining Provisions of Agreement.

Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

Docusign Envelope ID: BD229AD1-61D2-4F53-B499-B3C0287C0F28 Item: 9
106

Title: Housing Rehabilitation Loan Portfolio Management 6 4. SIGNATURES.

4.1. SIGNATURES.

CITY OF LAKE FOREST AmeriNational Community Services, LLC dba AmeriNat
By: [AUTHORIZED CITY SIGNATURE]

Mark Tettemer
Mayor
By: [VENDOR SIGNATURE 1]

Adrienne Thorson
Chairman of the Board
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:

By: [CITY CLERK SIGNATURE]

Lisa Berglund
City Clerk
By: [VENDOR SIGNATURE 2]

Michael Torres
Chief Financial Officer (Corporation or LLC)
APPROVED AS TO FORM:

By: [CITY ATTORNEY SIGNATURE]

Best Best & Krieger LLP
City Attorney

[CONTRACT ADMINISTRATOR APPROVAL]
[PRO

JECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
Docusign Envelope ID: BD229AD1-61D2-4F53-B499-B3C0287C0F28 Product_______
Item: 9
107

Title: Housing Rehabilitation Loan Portfolio Management 7 4.2. LAKE FOREST HOUSING AUTHORITY

CITY OF LAKE FOREST
By: [AUTHORIZED CITY SIGNATURE]

Mark Tettemer
Mayor

ATTEST:

By: [CITY CLERK SIGNATURE]

Lisa Berglund
City Clerk

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: BD229AD1-61D2-4F53-B499-B3C0287C0F28 Chair
Authority Counsel____________
________ Authority Secretary
______
Item: 9
108

Title: Housing Rehabilitation Loan Portfolio Management 8 5. EXHIBIT "C" - COMPENSATION

5.1. EXHIBIT "C" - COMPENSATION
Consultant shall be paid for services rendered in accordance with Section 3.3 of the Agreement and as described above under Exhibit "A" Scope of Services the not to exceed fee of SEVENTY THOUSAND DOLLARS ($70,000) billed on a time and materials basis according to the following schedule:

Loan Documentation Preparation Services

1. A fee of $295.00 plus pass-through costs is charged for loan document preparation.

2. A project for which credit, title, or appraisals have been supplied by AmeriNat, but which is thereafter canceled without performance of loan document preparations, a cancellation fee of $90.00 plus outside costs applies. A project will be considered cancelled if a Loan Documents Request is not received within sixty (60) days of ordering the aforementioned services.

3. A fee of $30.00 will be charged for a document that is re-drafted at the request of the City due to actions by the City.

Loan Portfolio Management
Flow Loan Set-Up Fee: $55.00 per loan
Monthly Service Fee for Amortized Loans: $16.58 per loan per monthy Escrowing and/or monitoring of taxes and insurance are included with the service at no additional cost except for a one-time tax service vendor fee if applicable transferable tax contracts are not already in place.

Monthly Service for Deferred Loans:
a. Warehouse: $2.35 per loan per month
b. Warehouse and monitor of taxes and/or insurance: $6.05 per loan per month plus one­ time tax service vendor fee.
c. Warehouse and escrow of taxes and/or insurance: $16.58 per loan per month plus a one-time tax service vendor fee.
d. Flat fee for receiving occasional payments on deferred loans: $16.58 per payment Tax-Service Pass-Through Cost
If it is determined that Tax Service is needed, then a one-time fee of $80.00 per loan upfront at time of servicing commencement will be charged (may be assessable to borrower) for loan amounts up to $500,000. For loan amounts over $500,000, there is an additional charge of $10 per $100,000. Future charges may vary based on outside vendor pricing.

Docusign Envelope ID: BD229AD1-61D2-4F53-B499-B3C0287C0F28 Item: 9
109

Title: Housing Rehabilitation Loan Portfolio Management 9 Please note: Additional or supplemental charges that may be imposed by the respective taxing authority for procurement of duplicate tax bills will be directly passed through to the City.

Forbearance Plans
If requested by the City, AmeriNat will charge a flat fee of $395.00 per loan per occurrence to institute a formal forbearance plan (usually in excess of 6 months in duration and with approval of the City). The City may require the borrower to pay this fee. Informal forbearances (usually less than 6 months in duration) to allow a delinquent borrower to catch up and bring their loan current are performance at no charge to the borrower or the City.

Per-Event Fees
Tickler Notifications: A $15.00 per notification may be charged Check by Phone Service: $10.00 per loan per occurrence.

Loan Transfer Fee: $75.00 per loan one-time if transferred from AmeriNat Note: Pass-through (reimbursable) expenses not reimbursed monthly, will be considered servicer advances and will be subject to an interest charge at a rate of 1% per month compounded. A finance charge of 1% per month compounded will be applied to invoices outstanding and unpaid for more than 60 days. Pass-through (reimbursable) expenses, including but not limited to postage costs for statements, letters, and other notifications to borrowers, advances necessary for principal and interest payments, tax and insurance payments, legal and other professional fees for loss mitigation activities, costs of tax contracts, and other out of pocket costs necessary for performance of the scope of service tasks, will be reimbursed by the City monthly.

Extraordinary Account Research and/or Loan Reconstruction AmeriNat will conduct ongoing routine maintenance and general customer service activities on borrower information and balances as part of the servicing duties at no additional cost.

Should the City request additional research to be conducted, or if the City engages AmeriNat to conduct a Loan Reconstruction Service on its portfolio, an extraordinary research fee of $150.00 per hour will be charged, with a minimum one hour per occurrence. Such fee will be approved by the City before the research is conducted.

When research is conducted at the request of the City because of a discrepancy between the City's records and AmeriNat's records relating to the principal balance or other loan information, and the result of the research determines that the discrepancy was the results of activity being posted at the City and not forwarded to AmeriNat for updating its records, the extraordinary research fee will be charged for the time spent on the research.

For services or loans with unique servicing characteristics that are not shown above, the City and AmeriNat acknowledge that additional and/or different servicing requirements may be appropriate. AmeriNat will work with the City in good faith to establish written terms for the servicing of these types of loans or additional services requested. Any agreement on the servicing provisions for any non-standard portfolio or additional services, including pricing for said services, shall be memorialized in a Statement of Work (“SOW”).

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Title: Housing Rehabilitation Loan Portfolio Management 10 Minimum Monthly Fees
Fees are subject to a minimum monthly amount of $1,000 per month. The minimum is applicable to City-wide services, including fees for all services provided and including work provided to other departments or loan portfolios of the City.

Each monthly invoice shall identify services rendered and corresponding fees. In the event that the cost of services in any month is less than the $1,000 minimum monthly fee, the invoice shall clearly and separately identify any charges not corresponding to services rendered as "Non­ ascribed minimum monthly fee" or similar.

In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Long Beach-Anaheim.

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CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/17/2024
DEPARTMENT: Public Works
SUBJECT:

LAKE FOREST CITYWIDE SPORTS PARKS LANDSCAPE MAINTENANCE

SERVICES
RECOMMENDED ACTION(S):

1. Award an Agreement for Maintenance Services in the amount of $4,364,113.05 to Brightview Landscape Services, Inc., for Citywide Sports Parks Landscape Maintenance Services.

2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2023- 2025 OPERATIONS BUDGET; AMENDING APPROPRIATIONS FOR
FISCAL YEAR 2024-25”

3. Authorize the Mayor to sign, and the City Clerk to attest, the award of agreement to Brightview Landscape Services, Inc., substantially in the form attached.

EXECUTIVE SUMMARY:

The current agreement with Brightview Landscape Services (”Brightview”) citywide sports parks landscape and park maintenance services expires on December 31, 2024. Staff issued a Request for Proposals (“RFP”) in August 2024. The procurement process is a qualifications-based selection process. The RFP selection process is based on a contractor’s experience, understanding of the scope of services, proposed personnel, completion of similar projects in a timely manner, and their ability to provide optimal services at an acceptable cost.

After completing a competitive process as outlined in the City’s Purchasing Guidelines, Brightview had the highest proposal score, in addition to the lowest proposed cost.

Staff recommend awarding an agreement to Brightview. The term for this agreement would be three years with two optional one-year extensions at the discretion of the City Council. The proposed Citywide Sports Parks and Landscape Maintenance Services Agreement with Brightview (“Agreement”) Item: 10
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would begin January 1, 2025 (Attachment 1). The Agreement includes a compensation amount of $4,364,113.05. A budget adjustment for the new agreement of approximately $91,000 is necessary to ensure there are sufficient funds for the proposed Agreement.

BACKGROUND:

The City currently maintains 285 acres of landscape areas within 31 parks in addition to 80 acres of medians, parkways, and slopes. The parks are maintained utilizing three separate agreements. One for the Lake Forest Sports Park (“Complex”), one for the remaining 9 active sports parks (parks with athletic fields), and one agreement for the passive parks (no designated athletic fields).

A separate agreement exists for the Medians, Parkways, and Slopes. Currently, Brightview maintains the Lake Forest Sports Park Complex and Citywide Sports Parks agreements, and Nieves Landscape maintains the Medians, Parkways, Slopes and Passive Parks agreements.

The City’s nine sports parks typically consist of one or two soccer fields, with some parks including baseball fields. Included in this agreement is Portola Park with its open field, tennis courts, volleyball court, and dog park. Unlike the Lake Forest Sports Park, which has seven soccer fields and five baseball/softball fields, citywide sports parks have a limited number of fields thus reducing the amount of league play and wear on the fields. This results in the City using traditional methods of turf maintenance to maintain most sports parks, such as once a week mowing and generic aerating/fertilization techniques. The sports complex is 86 acres, and the remaining sports parks are 174 acres. Brightview was awarded an agreement in 2019 through a competitive request for proposal process. The current agreement ends December 31, 2024.

DISCUSSION:

On August 27, 2024, staff issued an RFP and solicited proposals for maintenance services on OpenGov. The scope of work includes general daily maintenance, weed control, turf grass maintenance, limited tree pruning, pest and rodent control, fertilization, irrigation facilities maintenance, infield maintenance, and maintenance of drainage facilities. At the close of the RFP response period the City received five proposals.

Consistent with the City Purchasing Guidelines, staff assembled a selection committee approved by the City Manager to review proposals and participate in the interview phase of the selection process. The selection committee was comprised of the following:
Director of Public Works
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Public Works Maintenance Manager
Senior Landscape Administrator
Recreation Supervisor

Technical Review and Interview Process

The review process is comprised of three phases: the Technical Review of written proposals, the Qualifications Interview phase, and the cost proposal evaluation. The Purchasing Guidelines require the Selection Committee to review all proposals submitted in response to the RFP. Staff reviewed the proposals submitted by Merchants, Brightview, Elite, Mariposa, and Nieves. As summarized in Table 1, staff reviewed the proposals, and all contractors met the minimum required technical criteria and staff therefore invited them to the interview process. Table 2 shows the total score for the interview and cost.

Table 1: Technical Review Scoring
Vendor Evaluator 1 Evaluator 2 Evaluator 3 Evaluator 4
Total Avg.

Score (Max
Score 100)
Brightview
Landscape
Services, Inc.
89 90 89 81 87.25
Merchants
Landscape
Services, Inc.
77 61.5 88 73.5 75
Nieves
Landscape,
Inc.
68 80 70 66 71
Elite
Maintenance &
Tree Services,
Inc.

68.5 70 70.5 65 68.5
Mariposa
Landscape,
Inc.
68 66.5 60 75.5 67.5
Table 2: Aggregate Scores Summary - Qualifications, Interview and Cost Scoring
Vendor Evaluator 1 Evaluator 2 Evaluator 3 Evaluator 4
Total Avg.

Score (Max
Score 200)
Brightview
Landscape
Services, Inc.
184 184 192 189.6 187.4
Merchants
Landscape
Services, Inc.
147.4 157 155.4 149.8 152.4
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Vendor Evaluator 1 Evaluator 2 Evaluator 3 Evaluator 4
Total Avg.

Score (Max
Score 200)
Nieves
Landscape,
Inc.
142 129.2 145.2 138 138.6
Elite
Maintenance
& Tree
Services, Inc.
131.2 129.6 147.2 132 135
Mariposa
Landscape,
Inc.
125.8 129 133 129 129.2
Brightview scored the highest technical and aggregate scores during the RFP process. During the qualifications interview Brightview was highest qualified and demonstrated expertise, knowledge, and experience working at Sports Parks and managing sports fields. Brightview articulated well the RFP scope and current conditions of the City parks.

Cost Proposals

Compensation scoring is based on monthly and as needed services. At the conclusion of the interview process, all firms had the opportunity to submit a last, best, and final cost proposal. Only one firm resubmitted a cost proposal.

Brightview did not propose any changes to their original cost proposal. Table 3 below describes the final cost proposals received.

Table 3 COST PROPOSALS
Firm 3-Year Cost Proposal
Brightview Landscape Services, Inc. $4,364,113.05
Elite Maintenance & Tree Services, Inc. $4,803,657.06
Nieves Landscape, Inc. $5,101,784.94
Merchants Landscape Services, Inc. $5,303,439.63
Mariposa Landscape, Inc. $8,232,128.34
The cost is comprised of routine monthly maintenance, irrigation repairs, plant material, and emergency repairs. After the analysis of the proposals and costs, staff determined Brightview is the most qualified and cost-effective contractor for Citywide Sports Parks and Landscape Maintenance Services.

Brightview earned the highest score overall and provided the lowest cost proposal. The cost proposal sets unit prices for three years. Staff vetted the cost to ensure Brightview can maintain services for the three-year term of the Item: 10
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agreement. Brightview’s cost proposal and existing institutional knowledge of the Citywide Sports Parks were considerations for the recommended selection.

The new agreement includes general cost increases associated with higher labor wages, equipment, irrigation parts, and plant material, which have taken place since the last agreement was procured five years ago. Contractors have increased costs to meet state mandates, such California Assembly Bill 1346 that bans the sale of most new gas-powered tools and equipment, requiring the switch to battery powered options. The new agreement includes additional sod replacement during summer renovations of the soccer fields. The soccer fields have seen increased play and tournaments requiring significantly more sod replacement versus strictly renovating using only grass seed. No additional staffing requirements were requested through this agreement and amounts have remained the same as previous agreements for sports parks maintenance services. The City operations budget includes $1,277,705 per year for this work.

The new agreement would require a budget of $1,454,704.35 per year.

Therefore, staff proposes a budget adjustment of approximately $91,000 to reflect the new costs in the 2023-2025 Operating Budget (Attachment 2).

Brightview currently provides services for the cities of La Mirada, Newport Beach, Cerritos, Costa Mesa, and Riverside. Brightview currently manages the Sports Complex and has been the primary landscape services provider since the opening of the park. The reference check with other agencies stated the quality of the company’s work has been good (Attachment 3).

The Finance Department prepared the maintenance services agreement with Brightview, which the City Attorney reviewed and approved as to form. The proposed agreement would be for the standard 3-year initial term with two optional one-year extensions based on performance and at the City Council’s discretion. The proposed agreement includes a total not-to-exceed compensation amount of $4,364,113.05. Per the City’s Purchasing Guidelines, the City Manager may approve additional work not-to-exceed 10% of the original agreement amount. Staff recommends the City Council award an Agreement for Maintenance Services with Brightview.

FISCAL IMPACT:

Approving the recommended actions would award the proposed Agreement for Maintenance Services to Brightview at the amount of $4,364,113.05 in total compensation. The Agreement includes a 3-year term ending December 31, 2027, with two optional one-year extensions. Approving the recommended actions would also adopt a budget adjustment of $91,000 to provide sufficient funds in the 2023-2025 Operating Budget.

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ATTACHMENTS:

1. Agreement for Maintenance Services with Brightview Landscape Services, Inc., for Citywide Sports Parks and Landscape Maintenance Services

2. Proposed Budget Resolution

3. References for Brightview Landscape Services, Inc.

Initiated By: Michael McConaha, Public Works Maintenance Manager Submitted By: Thomas Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
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Attachment 1
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AGREEMENT FOR LAKE FOREST CITYWIDE SPORTS PARKS

LANDSCAPE MAINTENANCE SERVICES
(2024-113)

City of Lake Forest
100 Civic Center Dr.

Lake Forest, CA 92630

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City of Lake Forest
Agreement for Maintenance Services
Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance 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 ................................ ...........

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 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 Brightview Landscape Services, a California Corporation (Inc.) , with its principal place of business at 1960 S. Yale Street, Santa Ana, CA 92704 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.” Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 4 2. RECITALS.

2.1. Contractor.

Contractor desires to perform and assume responsibility for the provision of certain Landscape 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 Landscape 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 Lake Forest Citywide Sports Parks Landscape Maintenance project (“Project”) as set forth in this Agreement.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 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 Landscape Maintenance Services 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 January 1, 2025 to December 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, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. 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. Upon request of City, Contractor 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 Contractor shall be subject to the approval of City.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 6 3.2.4 City’s Representative. The City hereby designates Thomas Wheeler, Director Of Public Works, 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 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 Diego Barrera, Associate Branch Manager, 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 Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 7 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.

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. Since 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. Since 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.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 8 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 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.

3.2.12 Bonds.

3.2.12.1 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to- exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.13 Water Quality Management and Compliance.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 9 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.
(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 Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 10 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 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.

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 FOUR

MILLION THREE HUNDRED SIXTY-FOUR THOUSAND ONE HUNDRED THIRTEEN DOLLARS AND FIVE CENTS ($4,364,113.05) 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 work completed and hours of 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 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.”
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 11 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 seven (7) 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: Brightview Landscape Services 1960 S. Yale Street
Santa Ana, CA 92704
ATTN: Diego Barrera, Associate Branch Manager
City: City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
ATTN: City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 12 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 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. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

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.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 13 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. 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.

3.5.13 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 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 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. Contractor shall also Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 14 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.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 15 4. SIGNATURES.

4.1. SIGNATURES.

CITY OF LAKE FOREST Brightview Landscape Services
By: [AUTHORIZED CITY SIGNATURE]

Mark Tettemer
Mayor
By: [VENDOR SIGNATURE 1]

Enrico Marogna
Vice 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]

Brett Urban
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]
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 16 5. EXHIBIT "A" SCOPE OF MAINTENANCE SERVICES

5.1. EXHIBIT "A" SCOPE OF MAINTENANCE SERVICES
Contractor shall provide the following maintenance services relative to Landscape Maintenance Services for the City's Citywide Sports Parks Landscape Maintenance project ("Project").

APPENDIX A -

CITY OF LAKE FOREST

CITY WIDE SPORTS PARKS

LANDSCAPE & PARK MAINTENANCE SERVICES

SCOPE OF SERVICES

DEFINITIONS

Whenever the following terms are used in this agreement, they shall have the following meaning:

A. "BID ITEM" - Individual items of work in the Contractor's proposal at an agreed Unit Price for the specified Item of Work.

B. "CITY" - The City of Lake Forest.

C. "CITY MANAGER" - The fully appointed City Manager of the City or his authorized representative.

D. "CONTRACTOR" - The managing individual of the contracting entity or his authorized employees or representatives.

E. "PUBLIC WORKS DIRECTOR"- The official designated as the Public Works Director of City, or any of his authorized representatives.

F. "PUBLIC WORKS MANAGER" - The Publ ic Works Director's designee for bidding, awarding and administering the Contractor's work under this agreement, or any of his authorized representatives.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 17 G. "REPAIRS"- Work required to maintain the serviceability of all park facilities specified under t his agreement that are outside the scope of the scheduled Preventative Maintenance. Repair work must be authorized by the Public Works Manager prior to the Contractor performance. After hour's repair is, work outside of normal business hours as indicat ed in the Contractor's Proposed Cost of Services Chart and shall be compensated at the proposed Bid Item Rate for Cost of labor for demolition, installation, maintenance, and repairs.

 STANDARDS OF WORK AND CONTRACTOR RESPONSIBILITY

1.01 The Contractor shall possess and maintain a C-27 General Landscape license through the term of the Contract. The Contractor shall perform the work described herein, in a thorough and professional manner, so that the City of Lake Forest is provided with reliable and high quality landscape maintenance at all times.

1.02 The Contractor shall furnish, at Contractor's own expense, all labor, tools, equipment, and materials necessary, unless specifically excluded herein, to perform, Removal, Installation, Maintenance and Repair work and Emergency, Holiday and "After Hours" work at the Bid Item price. Cost of parts shall be paid at the Contractor's invoice cost for parts and the percentage of markup indicated in this proposal, except for unit prices approved with pricing proposal. The Contractor shall attach all receipts to said invoices for review prior to payment. In the absences of a receipt, the invoice will not be paid.

1.03 The Contractor's forces shall leave work areas free of all dirt, litter, or other materials utilized to perform landscape maintenance. The Contractor shall erect barricades, warning signs, and any other devices to prevent unauthorized access by the public or unauthorized City staff to work areas.

1.04 Landscape Maintenance shall be performed i n accordance with all accepted standards for landscape installation, removal, maintenance, and repair work to the satisfaction of the City. Contractor shall immediately respond when notified by City to correct unsatisfactory work at no additional charge.

1.05 The Contractor shall maintain individual installation, removal, repair and maintenance logs for both routine and emergency work listing all work performed under this agreement, referred to hereinafter as "repair and maintenance logs" or "logs" for short. These repair and maintenance logs shall be emailed to Public Works Manager or designee and kept in a designated area on each site. Logs shall indicate the date of service, time of service, service performed, the superintendent and the crew perform ing the work and any other information that may affect current or future maintenance of the City facilities. The Contractor shall report these locations, by address, to City's Public Works Manager, or designee, within 24 hours. (Deductions may be made from the Contractor's payments if maintenance and repair tasks are not reported to City within the time allowed.)

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 18 1.06 The Contractor shall, during the term of this Contract, respond to all emergency phone calls to the satisfaction of the Public Works Man ager, within one (1) hours of notification. Failure to comply with this requirement may result in a reduction in payment to the Contractor as determined appropriate by the Public Works Manager.

1.07 Contractor shall, during the term of this Contract, respond to requests for repairs, or emergency repairs as required, twenty-four (24) hours per day, seven (7) days per week, including holidays, by dispatching required staff to the site within two hours of notification.

1.08 The City shall provide access to all areas to be serviced by the Contractor.

The Contractor shall not be held responsible for damage, should access be denied or not provided by the City.

1.09 The City reserves the right to procure landscape maintenance services from other vendors, as the City deems appropriate.

1.10 Failure to meet the requirements under this Contract may result in a deduction of pay.

2.00 SCOPE OF MAINTENANCE SERVICES

2.01 The service areas, hours of operation, frequencies of service and equipment under the provisions of this Contract include furnishing all labor and equipment necessary to maintain sports fields and general park maintenance at the Lake Forest Sports Parks. Duties include, but are not limited to, trash collection, cleaning, Ro totilling, laser leveling, pressure washing, dragging, maintaining synthetic and grass turf, in -field maintenance, ground cover, shrubs, vines, and trees up to 15', maintaining and repairing irrigation systems, apply paint, lacquers, water proofing, anti -graffiti coating, maintaining and repairing restrooms and all park appurtenances (I.E. shade structures, benches, tables, bbq’s, etc.) and providing weed and pest control.

2.01.1 GENERAL/DAILY MAINTENANCE

Unit price for Cost Proposal Item #1 should be inclusive of the following tasks:

1. The daily removal of all trash such as paper, cans, bottles, broken glass, animal feces, and any out-of-place or discarded items and debris.

2. The daily emptying of recycle and trash containers before noon into the Sports Parks trash and recycling bins.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 19 3. The daily removal of any dead plant material or debris.

4. The daily removal of fallen plant material such as hanging or fallen tree limbs, leaves, branches, and tree bark.

5. Weed removal on daily basis and weed spraying at appropriate intervals, specified in the annual schedule

6. All material which is picked up during cleaning shall be disposed of by the Contractor in a lawful manner. All green waste must be disposed of daily and landfill diversion reports submitted by weight to the City on a monthly basis. Mulch, compost, pesticides, and fertilizer reports are required for submittal to City on a monthly basis.

 Inspect playground equipment daily and pressure wash all equipment on weekly basis.

 Submit daily forms and photos of any damage identified to Public Works Manager.

 Clean, rake and level playground wood chips daily, rototill wood chips monthly.

 Daily removal of graffiti.

 Daily removal of leaf litter or other debris from sports courts and monthly water brooming or as requested by Public Works Maintenance Manager. Removal of excess water with use of rubber roller from all sports courts.

 Sidewalk and all hard surfaces need to be cleaned/blown daily.

 Daily refill of doggy waste bag stations (Portola Park only).

 Maintain color coded irrigation charts.

Specialty Areas

All play, exercise, and sports equipment shall be inspected for vandalism, graffiti,safety hazards and serviceability daily. All deficiencies shall be reported in writing immediately to the Public Works Manager. Play equipment shall be pressure washed on a weekly basis or as directed by the Public Works Manager.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 20 Engineered Wood Fiber/ Playground Chips – Cost Proposal Item #9

A. Rototill all Engineered Wood Fiber areas monthly or when instructed by the Public Works Manager. Wood fiber shall be replenished by contractors as necessary to maintain optimum levels as required by NPSI requirements. Replacement wood fiber must be weed-free and certified for playground use as approved by the Public Works Manager.

B. Level all playground areas daily and rototill by the 10th of every month or when directed by the Public Works Manager.

C. All areas should be kept weed free on a daily basis.

D. All areas should be kept trash and debris free on a daily basis.

E. If at any time, due to inclement weather or other causes, the Engineered Wood fiber areas become flooded and there is standing water, it will be the contractor's responsibility to remove water immediately.

F. No foreign debris (sand, soil, etc.) should be allowed to mix with engineered wood fiber surfacing.

G. Engineered wood fiber areas are required to be inspected daily for metal and glass objects (razor blades, nails, broken glass, etc.)

H. Contractor will be required to refill wood fiber chips as requested by Public Works Manager.

Rubberized Surface Areas

A. All areas shall be maintained weed free on a daily basis

B. All areas shall be kept trash and debris free on a daily basis

C. All areas shall be cleaned daily. Method of cleaning to be approved by the Public Works Manager. IE: water, broom, blower, pressure washer etc. Any damage to rubber playground surfaces must be reported to the Public Works Manager immediately.

Hard Surface Areas

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 21  These areas shall include concrete sidewalks, softball courts, basketball courts, A.C. walkways, decomposed granite walkways/areas, etc.

B. All areas shall be blown or swept daily to remove all deposits of gum, silt and/or sand. Hazardous materials and substances will be removed immediately.

C. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times.

D. All spills and gum shall be removed daily.

E. Cracks and crevices shall be kept free of weeds at all times. Contractor will be required to paint any sidewalk trip hazards in fluorescent orange paint immediately when discovered.

F. Once a week all areas, as designated by the Public Works Manager, shall be thoroughly cleaned by pressure washed or other maintenance practices as needed.

G. Special emphasis shall be placed on chemical edging along all trails to prevent damage by vegetation. All such damage shall be repaired at the Contractor's expense.

Failure to comply with the scope of work for General/Daily Maintenance shall be $400 per incident per day.

2.01.2 GENERAL FACILITY OPERATIONS

 All drinking fountains shall be kept clean and operational at all times.

B. Minor repairs, including, but not limited to, unclogging drains, replacing damaged or broken parts, shall be included in the bid price for these services.

C. All repairs shall be completed within twenty-four (24) hours after damage is reported or noticed.

D. Every instance of damage shall be reported to the Public Works Manager in writing.

E. If replacement of drinking fountains are required, a cost proposal shall be submitted for approval before replacement work is performed.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 22 F. The City reserves the right to procure replacement of drinking fountains from other contractors.

G. All sidewalk areas abutting maintained areas shall be cleaned when dirtied by Contractor's operations and at other times as required or as directed.

H. All leaves, paper, and debris shall be removed from landscaped areas and disposed of off-site daily.

I. All barbecue grills shall be emptied of all ashes at the beginning and ending of the regular work day.

J. All security and sports area lighting shall be inspected daily, and damaged or malfunctioning equipment shall be reported to the Public Works Manager.

K. At no time will the Contractor be allowed to blow grass cuttings/debris into public streets or gutters without being swept or vacuumed clean. Debris generated from adjacent maintained landscape areas shall be the responsibility of the Contractor to remove, (i.e., sidewalks, streets, gutters).

L. All water quality BMP's must be followed when working near storm drain facilities.

Failure to comply with the scope of work for General Facility Operations shall be $400 per incident per day.

2.01.3 WEED CONTROL

1. Unit price for Cost Proposal Item #2 should be inclusive of the following tasks:

2. All weeds shall be removed upon sight, on a daily basis.

Planters, non-concrete walkways, i.e.: decomposed granite, natural soil and asphalt, sidewalk expansion joints, planting beds, shall be kept free of grass and weeds at all times.

3. Turf grass and synthetic turf areas shall be maintained in a weed free manner at all times.

• Common reed (Arundo Donax) will be 100% controlled due to its fast growth and invasiveness.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 23 4. As scheduled and when requested by the Public Works Manager, the Contractor shall spray weeds with herbicide for weed control at no additional cost to the City. Weed control is the responsibility of the Contractor. Any pre-emergent or post-emergent herbicide used will be considered a management tool and the cost will not be reimbursed by the City. Contractor shall provide City with alternatives and costs that do not contain glyphosate. Any change from using glyphosate will be negotiated during the term of the agreement.

5. Monthly, the Contractor shall complete and furnish copies of an herbicide application log to the City.

6. The Contractor shall submit an annual spraying schedule to the Public Works Manager before start of any work. The Contractor will also submit a recommendation by a licensed pest control advisor naming the herbicide proposed for use, where and how it is to be applied, including acreage, and a copy of the product label and any applicable S.D.S. (safety data sheets) information. Any changes to the annual schedule and the type of product will need to be authorized by City prior to application.

7. The Contractor shall be responsible for the results of application of all herbicides and chemicals. Plants killed or severely damaged by the use of herbicides shall be replaced at no cost to the City, with the nearest size nursery stock available to the size of the dead or severely damaged plant.

The soil in the area of the affected plant(s) and planting pit shall be treated with activated charcoal and other soil amendments that may be required to enhance the potential survival and growth of the existing or replacement plants. The treatment and materials must be approved by the City and shall be furnished at no cost to the City. All replacements must be ·made within fifteen days upon discovery by the Contractor and/or the City.

8. Weed Control of Paved Surfaces: Contractor shall be responsible for controlling, by mechanical or chemical means, weeds growing in cracks, or expansion joints, and areas contiguous to the City Public Landscape. No dyes shall be used when applying liquid weed control to paved surfaces.

9. Weed Control of Landscaped Areas:

A. A regular program of chemical application shall be used to prevent or control weed growth, supplemented by hand removal of noxious weeds or grasses as necessary. Weeds allowed to grow taller than two inches in planter areas will be removed by hand and not sprayed.

Any "non-target" or "desirable" plant material un-intentionally sprayed or removed during manual weeding shall be replaced at contractor's expense.

1) A selective/systemic herbicide shall be employed to control broadleaf and all other weeds as required to maintain turf in a completely weed free condition without injury to turf.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 24 a) Weeds not killed with herbicides shall be removed manually.

However, manual weed control shall not be substituted for herbicide applications.

2) In addition, turf grass areas shall be treated as follows:

a) Between January 15 and February 15, a pre ­ emergent crabgrass and goose grass control shall be applied to all turf areas.

b) As needed a broad spectrum fungicide shall be applied at the manufacturer's recommended coverage rate.

3) All planter and landscape areas are to be weed free at all times. If weeds are found, a deduction may be imposed.

B. All restricted chemicals to be used to control weeds shall be approved by the Public Works Manager prior to use. A written
recommendation of the proposed restricted chemicals to be prepared by a licensed California Pest Control Advisor accompanied by a Notice of Intent to apply restricted/non­ restricted materials form prepared by a licensed Pest Control Operator shall be submitted to the Public Works Manager a minimum of 14 days prior to intended use. Additionally, Contractor shall notify the Orange County Department of Agriculture a minimum of 48 hours prior to intended use. No work shall begin until the Public Works Manager's written approval is obtained.

1) Written recommendation shall include the following information:

a) Owner or operator of the property to be treated;

b) Location of property to be treated;

c) Commodity, crop, or site to be treated;

d) Total acreage or units to be treated;

e) Identification of weed(s) or pest(s) to be controlled by recognized common name;

f) Name of each herbicide or device recommended or
description of method recommended;

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 25 g) Dosage rate per acre or other units;

h) Warning of the possibility of damages by the application from hazards that are known to exist; and

i) Signature and address of the person making the
recommendation, the date, and the name of the employer.

2) Chemicals shall be applied only by persons possessing a valid California Pest Control Operators License or Certificate in the appropriate category. Application shall be in accordance with all governing regulations. Records of all written recommendations and operations stating dates, times, methods of application, approved Notice of Intent to apply restricted/non-restricted materials, weather conditions at the time of application, and applicator's name shall be made and retained in an active file for a minimum of 1 year. The Public Works Manager shall have access to those files as required. After this period, they shall be retained in accordance with Orange County Department of Agriculture Regulations.

3) Contractor shall calibrate all chemical application equipment prior to each use to insure chemicals are applied at the rate specified in the written recommendation.

4) All rubber hoses shall be made of neoprene rubber or equivalent material; shall be free of cracks; shall not be weathered, worn, or rotted; and shall be equipped with quick connectors or fittings which shall provide a water tight connection to prevent any leakage of chemicals from the point of connection to spray equipment.

5) All pressurized spray equipment, when in use, shall be kept in a state of good repair, safe to operate and shall be equipped with appropriate pressure relief valves. All spray nozzles shall be free of any foreign particles to allow proper control of rate, uniformity, thoroughness, and safety of application.

6) All chemical spraying operations shall be performed under acceptable climatic conditions to be determined by the Public Works Manager in such a manner to limit drift to twelve (12) inches. All precautionary measures necessary shall be employed to insure public safety since all areas will be open to public access during application.

7) All equipment used to perform chemical application shall be thoroughly cleaned when necessary to prevent injury to persons, plants, or animals from residue of materials previously used in the equipment. Equipment shall be cleaned in accordance with the procedure recommended on the label.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 26 C. Non-restricted chemicals shall be used whenever possible to perform weed control in turf and landscape areas.

D. The Contractor shall not be allowed to use the restricted chemicals 2,4- D and Dicamba without submitting a written recommendation by a California Pest Control Advisor.

1) Prior to application, Pest Control Operator shall read product label, identify weed pests in area to be sprayed, and identify environmental hazards such as waterways, eating and food preparation areas, sensitive ornamentals, production
agricultural sites and take all precautionary measures necessary to prevent contamination of these areas.

2) Equipment used to apply 2,4-D and Dicamba shall consist of waterproof gloves, waterproof boots, respirator, coveralls, goggles, accurate measuring device, and spray equipment. To minimize drift, a spray thickener may be required.

3) Operator shall not apply 2,4-D or Dicamba during excessively hot, dry, or windy periods. Irrigation systems shall not be operated for a minimum of 24 hours after chemicals have been applied.

Operator shall spray all target plants to wet. No chemicals shall be applied within the drip line of any ornamental shrub or trees.

4) Upon completion of 2,4-D or Dicamba chemical spray, or any other pesticide application, the area treated should not be re- entered until the spray has dried. Contractor shall be
responsible for any on-site signage, posting as well as monitoring access during the chemical drying period.

Failure to comply with the scope of work for Weed Control shall be $400 per incident per day.

2.01.4 GENERAL TURF GRASS MAINTENANCE - Mowing Unit price for Cost Proposal Item #3 should be inclusive of the following tasks:

2. All general turf areas shall be mowed between one to two times per week per the applications schedule provided in the appendix. Failure to provide a weekly mowing shall result in a performance deduction. The "1/3" rule (no more than one-third of the total length of the leaf blade shall be removed with any single mowing shall be followed as closely as possible to minimize mowing stress to the turf grass. If more than 1/3 of the blade height is required to be mowed, then the contractor will be responsible for any extra mowing at no extra cost to the City.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 27 3. Work shall be performed on the same day each week. Initial weekly schedule must be submitted and any changes must be approved by the Public Works Manager prior to implementation.

4. All mowing missed due to inclement weather or ground conditions from such weather shall be rescheduled and completed within three working days. If adverse weather or ground conditions persist, the Public Works Manager may change annual schedule.

5. Cutting heights shall be adjusted to the type of grass in accordance with the following:

Bermuda/Bluegrass/Rye Mix
(Spring)(Summer)(Fall) ¾ tp 1 inch
(Winter) 1 ½ inch

Sportsfield playing areas:

Bermuda/Bluegrass/Rye Mix
(Spring)(Summer)(Fall) ½ inch to ¾ inch (Winter) 1 ½ inch

 All warm season grasses, including Bermuda, Kikuyu and St. Augustine, shall be mowed with a power-driven 7-blade reel type mower. Bluegrass and Fescue may be mowed with either power-driven reel type or rotary type mowers. All equipment shall be adjusted to the proper cutting heights. The mowers shall be maintained and sharpened to provide a smooth even cut without tearing of the leaf blade. The reel or blade adjustment shall provide a uniform, level cut without ridges or depressions.

7. When conducting "rotary type" mowing activities in Citywide Sports Park a mulching deck and mulching blade rotary mower shall be utilized. Contractor shall take special care to completely mulch all grass clippings so as not to leave corn rows or piles of clippings behind. If clippings cannot be completely mulched then they will need to be removed the same day they are cut.

8. All trash, landscape litter and paper products shall be removed before mowing begins and will not be run over by mowing equipment. All grass, leaves, and other debris shall be removed and disposed of off­ site, in a lawful manner, at the completion of the mowing cycle.

9. All portable obstructions, such as picnic tables and trash containers shall be moved in order to mow all portions of turf.

10. All walkways, roadways, trails, or other areas dirtied by mowing operations shall be cleaned and all debris disposed of off-site prior to the completion of that day's mowing operations or the end of the day, whichever occurs first.

11. Irrigation: A regular, deep watering program shall be accomplished to give the best results. The established turf should not be allowed to dry beyond 50% of the soil Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 28 water holding field capacity between watering. At a minimum, omit irrigation the night prior to turf mowing. Contractor shall not irrigate Friday night, Saturday morning, Saturday night or Sunday morning unless absolutely necessary.

Contractor shall obtain approval from the Public Works Manager before any weekend watering occurs.

12. Care shall be exercised during the mowing operation to prevent damage to trees and other obstacles located within the turf areas such as irrigation heads, irrigation valve boxes, quick couplers/boxes, electrical boxes or fixtures. Do not mow areas that are wet. Alternate mowing patterns whenever possible to prevent wheel ruts. If ruts are made, or damages incurred, Contractor will immediately schedule repairs at their expense.

Renovation. Aeration. and dethatching:

1. All regular/non sportsfield turf areas shall be aerated twice to reduce compaction/ stress conditions, which will offer greater water penetration and reduce runoff. In those areas, when soil condition is poor, top-dress may be required by the Public Works Manager. All sports field turf shall be aerated on a monthly basis to reduce compaction and stress.

2. Aeration shall be accomplished by removing 3/4" diameter by three-inch deep cores at a maximum spacing of six inches by use of a mechanical aeration machine. Contractor shall aerate entire area first in one direction (east to west), then repeat the operation in the opposing direction (north to south). All cores shall be removed from the turf and disposed of off-site the same day. Contractor shall be responsible for the marking of all irrigation heads, valve boxes, quick coupling boxes, electrical boxes and any other in ground equipment that could be damaged by the Aerator tines. Should any of the above equipment get damaged during the aeration process contractor shall be responsible for immediate replacement and repairs at contractor's expense.

3. All turf areas shall be dethatched once per year between September 15th and October 15th, or as directed by the Public Works Manager.

a) Dethatching shall be accomplished by use of "vertical cut type" dethatch machine. The vertical cutting machine shall be set at a depth to penetrate ¼” below thatch layer into the soil.

b) All thatch and debris shall be picked up and disposed of off- site prior to the end of the work day. After clean-up, mow turf at regular cutting height.

c) All walkways, roadways, trails, landscaped areas, or other areas soiled by dethatching operations shall be cleaned and all debris disposed of off-site prior to the completion Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 29 of this operation or the end of the day, whichever occurs first.

Refurbishment of Turf grass

Turf areas which have thinned out due to the shading effect of trees and structures, and by foot traffic will be reseeded with an approved grass seed to restore thinning areas or re-sod as directed. Contractor shall re-sod 70,000 square feet of turf grass area on an annual basis per contract. The City shall determine the locations and quantities for re- sodding efforts. The cost for the annual re-sodding effort shall be included in the various cost proposal bid items for turf maintenance and no additional compensation will be allowed.

Winter Over seeding of All Turf Areas

1. Upon the completion of dethatching all creeping -type grass areas in the fall, winter over seeding of all turf areas will be required. All Bermuda grasses will be lowered in two continuous stages by mowing with mowers that have sharp, properly adjusted cutting units. This process will be done until grass height is at 1/2". After the Bermuda grass is lowered, the entire area will be vacuumed. Contractor shall sow perennial rye grass at the rate of 10 lbs per 1000 square feet or as approved by the Public Works Manager.

2. Lake Forest Sports Parks have various types of grass (i.e.: Bermuda Grass, Kikuyu Grass, Fescue Grass, Hybrid Blue Grass, etc.). and will be over seeded using the "Perenial Rye Grass” or “Grand Slam FS” grass seed or an approved equal.

3. Fertilize all grass areas to be over seeded. Broadcast 6-24-24 XB fertilizer at the rate of 8 lbs per 1000 square feet or approved equal. Apply fertilizers by constant flow P.T.O. driven rotary spreaders when applicable or walk behind cyclone spreaders in smaller areas.

4. Immediately after dethatching operations with a verticutter. The area will be aerated. These two processes will be followed by motor driven vacuum to remove all grass clippings and thatch. Perform reseeding operations when soil is dry and when winds do not exceed 5 miles per hour velocity. Apply seed with a rotary or drop type spreader. Install seed evenly by sowing equal quantities in two directions, at right angles to each other.

5. Cultivate bare areas and aerate compacted areas thoroughly. Where substantial, but thin turf remains, rake, aerate if compacted, and cultivate soil.

6. Remove diseased or unsatisfactory turf areas; do not bury into soil.

Remove top soil containing foreign materials, i.e., gas/oil drippings, stones, gravel, debris, etc.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 30 7. Topdressing, when applicable, shall be applied with materials and methods approved by Public Works Manager.

8. Maintain over seeded turf areas until successful seed germination and complete establishment of turf has taken place. Over seeded areas will be maintained until inspection and acceptance by the City.

9. After preparation and over seeding have been completed, the area will be watered.

Watering will be three (3) to four (4) times each day, or as necessary in combination with appropriate run time sufficient to maintain even moisture at a depth of 1/2" during daylight hours.

10. When the perennial rye grass approaches a height of 2", the first mowing will be done. The grass clippings will be checked for root pulling on the first pass or two. If this happens, the Contractor will readjust his/her mowers and check the blades for sharpness. Contractor may use rotary mowers on over seeded turf

11. The rye grass over seeding will be completely established by November

12. After first mowing, and subsequently thereafter, fertilize with 1 lb.

N/1000 SF through the winter fertilization period.

Reseeding

 All bare, worn, or sparse areas in the turf shall be reseeded to reestablish turf to an acceptable condition annually April 1 and April 30 or as required to maintain adequate appearance, as determined by the Public Works Manager. All sports turf areas shall be seeded with Perennial Rye seed during the Summerfield closure (June - August) in addition to the sod and sports field renovations.

2. Reseeding shall be performed in accordance with the following criteria:

a) All areas to be reseeded shall be raked or vericut to remove all thatch and to provide a rough (scarified) seedbed suitable for seeding.

b) Areas to be reseeded shall be fertilized to provide 1 lb. pound of nitrogen per 1,000 square feet. Chemical formulation of fertilizer to be used shall be 10-10-10 unless otherwise specified by the Public Works Manager.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 31 c) Grass seed shall be applied at the rate specified on the label for the type of seed being used for reseeding. Seed quality shall meet the following criteria:

i) Minimum purity shall be 98% weed free for all grasses.

ii) Minimum germination rate shall be 85% for all grasses.

iii) No seeds shall be applied without prior verification of seed quality by the Public Works Manager.

iv) All seeding equipment shall be calibrated to deliver the desired seeding rate for the specific species or seed mixture to be used prior to each reseeding operation.·

v) Once seed has been applied, Contractor shall cover all seed and firm the soil with a water ballast roller either empty or partially filled depending upon soil conditions. Seed shall be lightly covered with mulch to prevent erosion and reduce evaporation of soil moisture.

3. Due to extensive scheduling of sports fields in certain areas, reseeding may be required which far exceeds the normal wear usage. Under these circumstances, the Public Works Manager may determine the reseeding needed is beyond the normal reseeding contractual requirements and shall be performed as Extra Work.

If the reseeding operation is determined to be Extra Work, the Contractor shall submit a written cost proposal and obtain all authorizations in accordance with the Extra Work provisions of this contract.

Edging

1. All turf grass borders shall be neatly and uniformly edged or trimmed on the same schedule as the mowing operations, unless otherwise specified.

2. Mechanical methods shall be used except where physically impossible, impractical, or around trees. Turf growth around all trees shall be controlled by applying mulch not to exceed 3 feet from the trunk. String trimmers will not be permitted. All edging is to be completed with a fixed blade edger.

3. Chemical application shall also be used on areas such as along asphalt trails/paths, fence lines, etc., but not on the field areas. Do not use around sprinkler heads, around sports field equipment valve boxes, electrical boxes or along sidewalks. Contractor is responsible for any and all chemical translocation and damage caused to non-target plant material. The contractor will replace any plant material that is damaged or killed as a result of his application of chemical treatments.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 32 4. Prior to application of chemicals, all areas shall be trimmed to the proper mow heights.

5. Contractor shall use only non-restricted chemicals to perform chemical edging.

Chemicals shall be recommended by a licensed Pest Control Advisor and approved by the City prior to use. A Notice of Intent to apply non-restricted/restricted materials form shall be completed and submitted to the City a minimum of fourteen (14) days prior to intended use. Notice of Intent form shall be provided by City. No work shall begin until written approval is obtained from the Public Works Manager.

6. Chemicals shall be applied only by persons possessing a valid California Pest Control Operator's License or Qualified Applicators Certificate. Records of all chemical application operations, authorizations stating dates, times, methods of applications, chemical formulations, weather conditions at the time of application, and applicator's name shall be made and retained in an active file for a minimum of one (1) year. After this period, records shall be retained in accordance with Orange County Department of Agriculture regulations.

7. Chemical edging shall be restricted to a four inch wide strip around buildings, asphalt trails/paths, and other projections. Only use mechanical edging or borders, around tree trunks, and sports field equipment and fence lines.

8. Chemical edging shall be performed a minimum of once every 60 days.

9. All walkways, roadways, trails, or other areas dirtied by edging operations shall be cleaned and all debris disposed of off-site prior to the completion of that day's edging operations or by the end of the day, whichever occurs first.

Failure to comply with the scope of work for General Turf Grass Maintenance shall be $400 per incident per day.

2.01.5 SYNTHETIC TURF GRASS MAINTENANCE

 Unit price for Cost Proposal Item #3 at Baker Ranch Community Park should be inclusive of the following tasks:

 Remove surface Trash and Debris Daily/per site  Sweep and weed removal Daily/per site  Brushing and Raking Weekly per site  Fiber/Infill Monitor Weekly per site

2. Contractor shall maintain the Baker Ranch synthetic grass systems in accordance with manufacturers' care guidelines.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 33 3. Contractor shall ensure that the Manufacturer Maintenance Guidelines are read and understood by all personnel involved in the care of the turf.

4. Contractor will follow Manufacturer recommendations for maintenance of all the components of the synthetic field turf.

Failure to comply with the scope of work for Synthetic Turf Grass Maintenance shall be $400 per incident per day.

2.01.6 LANDSCAPE MAINTENANCE

Unit price for Bid Item #4 Sports Parks should be inclusive of the following tasks:

Trees - Tree trimming/maintenance/removal shall be completed on a limited basis, up to 15 feet, and only upon request by the City. Trees above (15) feet in height will be considered extra work. This work shall only be done by certificated and experienced personnel in tree pruning.

1. Trees shall be pruned according to the following criteria:

A. Designated broadleaf trees (as needed).

B. Designated conifers (as needed).

2. Trees shall be pruned as required to remove broken or diseased branches, to allow for public use access, maintenance access, and for safety. It shall be the Contractor's prime pruning responsibility to conduct a pruning program which will ultimately develop natural tree scaffolding, strength, and appearance consistent with the intended use. Before any work commences, the Contractor will prune one (1) typical tree of each different species scheduled for pruning as an example. Any necessary corrections to the example, as determined by the Public Works Manager, shall be made prior to proceeding with production work. All major pruning operations shall be scheduled and approved by the Public Works Manager before work begins.

3. Tree stakes, ties, and guys shall be checked and corrected as needed by Contractor. Ties will be adjusted to prevent girdling. Unneeded stakes, ties, and guys of trees planted after one year, shall be gradually loosened and ultimately removed. Broken stakes shall be replaced as required.

4. Topping, tip pruning, or pollarding trees will not be allowed.

Pruning shall be done by a certified tree worker (under the continual supervision of a certified arborist). All cuts shall be done using proper arboricultural and horticultural practices and following ISA 300 Standard Pruning Practices. Dressing wounds will not be allowed.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 34 5. Trees shall be pruned along sidewalks to allow an eight (8) foot clearance for pedestrians. To accommodate vehicular and equestrian traffic, clearance along curbs and trails shall be fourteen (14) feet.

6. Contractor shall perform minor tree surgery as required.

7. Ailing or stunted trees which fail to meet expected growth expectations shall be brought to the attention of the Public Works Manager.

8. Under no circumstances will stripping of lower branches (raising up) of young trees be permitted. If there are doubts or questions, contact the Public Works Manager. Tree suckers shall be removed as needed.

9. Lower branches can be removed only after tree is able to stand erect without staking or other support.

10. All holes from removed trees shall be filled and refilled until grade level with surrounding soil is maintained.

11. The Contractor will be responsible for staking and tying trees, as well as removing staking and tying.

12. During the year, the Contractor shall provide daily pick-up of fallen branches and tree debris.

13. All accumulated debris from pruning, trimming, and other tree maintenance shall be removed by the Contractor during that same working day.

14. If City requested, and if trees are not pruned by the specified date, the Contractor shall be issued a penalty of $400 for failing to perform to the agreement’s scope, unless the Contractor submits an acceptable written request to the City stating the reason they cannot complete the pruning by the stated date and by what date the pruning service will be completed.

15. A log of tree removal and replacement will be kept by the Contractor stating where and when the trees were removed and replanted, species, site, and approximate location.

16. Any individual dead limb or branch, detached or not, is a safety hazard and will be removed as needed by the Contractor.

17. Any plants broken, damaged, and/or uprooted as a direct result of storm damage, wind damage, accident or vandalism, shall be trimmed, replanted or replaced, and debris removed within twenty-four (24) hours of notification. City authorization, by the Public Works Manager, shall occur if plant replacement is required by the Contractor. Any debris blocking roadways or parking areas shall be removed within one (1) hour of notification to Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 35 Contractor. The Contractor shall call the Public Works Manager to confirm the damage, prepare a material request and estimate of plant material replacement based on contract unit prices. After receiving authorization, the Contractor will submit an invoice with the monthly statement for additional labor and applicable materials. The City will use the quoted extra labor charges, submitted with the proposal, for reimbursement. Should damage occur during normal business hours, the contractual labor force will be used and no additional charges will be approved.

18. The Contractor will replace and be held liable for any damages done to trees due to poor management procedures (i.e., improper staking, damage done by not removing tie wires, improper pruning, mower damage, etc.).

19. If, in the opinion of the Public Works Manager, the newly planted tree dies as a direct result of neglect, inadequate care, or inadequate maintenance, the replacement item and required labor shall be provided by the Contractor at no cost to the City. This includes material newly planted and material which has been planted. Replacement must be of comparable size and species.

20. All trees shall be pruned to prevent encroachment onto private property.

21. Pruning procedures and pruning criteria shall follow International Society of Arboriculture Standards.

22. Safety:

A. All structural weakness such as split crotch or limbs, diseased or decayed limbs, or severe damage shall be reported to the Public Works Manager.

B. Special emphasis shall be placed upon public safety during pruning operations, particularly when adjacent to roadways and walkways.

C. Proper traffic control procedures based on the most current version of the Manual of Uniform Traffic Control Devices shall be implemented to ensure the safety of vehicular and pedestrian traffic. Contractor shall notify Public Works Inspector of street related work that includes traffic control measures.

23. All trimmings and debris shall be cleaned up, removed, and disposed of off-site at the end of each day's work.

24. Staking and Tying: Trees that shall be staked fall into these categories:

A. Replacement of missing or damaged stakes where the tree has been planted less than a year ago.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 36 B. In those cases where tree has been damaged and requires staking for support.

C. For new trees or recently planted trees which have not been staked previously.

25. Tree Spraying:

A. Contractor shall be responsible for identifying insect damage, fungus and any other diseases trees under contractors care may develop

 Contractor shall notify the Public Works Manager when applying any chemicals or insecticides to any trees under contractors care

C. Contractor shall use integrated pest management practices whenever possible. Applying chemicals and insecticides shall be used only if other natural practices have failed.

26. Tree Removals: All trees fifteen (15) feet or smaller which are downed or dead by either natural or unnatural causes shall be removed and disposed of off-site after notification to the City. Trees above 15 (15) feet in height will be considered extra work. All trees which are downed or dead by either natural or unnatural causes shall be removed and disposed of off-site. Stumps shall be ground to twelve inches below grade. The hole shall be filled with soil and compacted. Stump removal shall be included in the tree removal operation unit price. If the location of the stump precludes the use of a mechanical stump grinder, the contractor will need to remove the stump manually.

27. Care during Tree Pruning Operations: Surrounding plant material (turf, ground cover, shrubs, and vines) shall be protected during tree maintenance operations.

The Contractor shall be responsible for all damage caused by poor procedures.

The City will require full and complete repair of the damaged areas and plants.

28. All trees shall have mulch installed around the base once annually or more often as directed. The mulch will be installed at a depth of 3 inches and will not be piled against the base of the tree. The mulch line will extend at least 24 inches out from the base of the tree and will be level to a depth of 3 inches. Mulch will be installed at grade at the base of the tree and will become deeper as it moves away from the base of the tree ending at a depth of 3 inches.

Shrubs

1. All shrubs and hedges shall be pruned in such a manner that they present a pleasing and natural appearance and do not obstruct the vision from building windows or the vision of vehicle drivers.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 37 2. All shrubs, hedges, and ground vegetation shall be maintained so the vegetation does not overgrow its designated growth perimeter. Along all walks, overgrowth shall not be over four inches at any time.

3. Whenever shrubs die, the Contractor shall call the Public Works Manager to confirm the vegetation is dead, request authorization for replanting, replant it and submit an invoice with the monthly statement for additional cost. The City reserves the right to furnish the required plants, shrub, or tree. The City will use the unit prices submitted with the proposal for reimbursement. The City may request the use of Premium Plant Material consisting of Bougainvillea, Toyon, Lemonade Berry, and Cape Rush. The listed plant material will be reimbursed based on the unit prices submitted with the proposal for reimbursement. Any plant material outside of the Premium Plant palette bid list shall be reimbursed on a cost-plus basis. The Public Works Manager, or their designee, may approve the use of other plant material based on a proposal provided by the Contractor and approved by the City. Should shrubs expire due to contractor's negligence, all replacement costs shall be at contractor's expense.

4. Contractor shall remove any spent blossoms or dead flower stalks as required to present a neat and clean appearance. Sometimes the plant's flower stalks are many in number or part of the plant's character (i.e., Dietes). Coordinate with the City on a plant-by-plant species basis.

5. Shrubs mounding shall not exceed eighteen inches in height within areas required for vehicular line-of-sight distance depending upon roadway topography. (The Public Works Manager is to be informed by Contractor if the plant material will continually be a problem.)

6. Formally sheared shrub hedges shall be continually maintained in their formal design by shearing and trimming. These shall be specifically designated by the City and shall not infer that any other shrub shall be sheared or trimmed.

7. Shrubs designed to be grown full size shall not be sheared or trimmed.

Selective pruning may be necessary to remove dead, diseased, or intertwining material. Shrubs sheared or trimmed, when they are not designed to be so, shall be replaced at Contractor's expense in a size designated by the Public Works Manager.

8. All shrubs shall be pruned to prevent encroachment onto private property.

9. Pruning Procedures:

A. All cuts shall be made sufficiently close to the parent stem so that healing can readily start under normal conditions.

B. All limbs one inch or greater in diameter shall be "under cut" to prevent splitting and tearing.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 38 C. All equipment utilized shall be clean, sharp, and expressly designed for shrub pruning.

D. Avoid pruning plants when seasonal bloom is present (i.e., Indian Hawthorne).

10. All trimmings and debris shall be removed and disposed of off-site at the end of each day's work.

11. Existing shrubs shall be replaced by the Contractor if it is determined by the Public Works Manager that they died due to Contractor's neglect. Replacement shrubs shall be of like kind and size.

Vines

1. Vines and espalier plants shall be checked and retied as required.

Secure vines with appropriate ties to promote directional growth on supports.

2. Nails shall not be used to secure vines on masonry walls.

3. Contractor shall deep water vines in pockets without sprinklers and where required to promote optimum growth.

4. Pruning of vines will be in accordance with good horticultural practices.

Ground Cover

1. Contractor shall trim ground cover adjacent to walks, walls, and/or fences as required for general containment to present a neat, clean appearance at four inches maximum from vertical surfaces and six (6) inches back from walk/trail edges, and curbs.

2. Contractor shall prevent soil compaction by regularly cultivating bare spots in all ground cover areas on a m onthly basis or more often as needed or directed by Public Works Manager.

3. Any paper or litter that accumulates in ground cover areas shall be picked up daily.

4. Contractor shall keep ground cover trimmed back four inches from all controller units, valve boxes, quick couplers, structures or walls, and private property.

Ground covers shall not be allowed to grow up trees, into shrubs, or mix in with vines on walls. Ground cover shall be kept six (6) inches from all other plants.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 39 5. All planter areas shall be cultivated a minimum of once per month or mulched at least once per year or more often as needed or directed by the Public Works Manager at a depth of three (3) inches to prevent erosion and weed growth.

6. All ground cover areas shall receive sufficient applications of Sluggo snail bait at the rate necessary to control the spread of snails. Spray substitutions must be approved by the Public Works Manager.

7. Ground cover areas shall be maintained in a manner which will promote the healthy growth of the plant material in a primarily natural state while removing weed infestations.

8. The un-mowed fescue areas may be "mowed" only as often as necessary to control weeds and to maintain the 24-inch maximum height with approval of the Public Works Manager. In the fall, the seed heads shall be allowed to remain in order to reseed the area and then removed before they change color.

Failure to comply with the scope of work for Landscape Maintenance shall be $400 per incident per day.

2.01.7 PEST CONTROL AND RODENTCONTROL

Unit price for Bid Item #5 Sports Parks should be inclusive of the following tasks:

General

1. Contractor shall provide complete and continuous control and/or eradication of all plant pests or diseases. The Contractor shall obtain any necessary permits to comply with City, County, State, and Federal regulations or laws.

2. Contractor will assume responsibility and liability for the use of all chemical controls. Pests and diseases shall include, but not be limited to, all insects, aphids, mites, vertebrates or invertebrates, pathogens, and nematodes.

Controls shall include necessary use of integrated pest management systems involving the use of life history information and extensive monitoring. Control shall be through prevention, cultural practices, pesticide applications, exclusion, natural enemies, biological control, and host resistance.

3. All material used shall be in strict accordance and applied within the most current EPA regulations and the California Department of Food and Agricultural Code.

4. City shall be notified prior to the application of pesticides and other chemicals.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 40 pesticides shall be filed with the City no later than the1Oth of every month for the preceding month.

5. Application of Pesticides

A. Timing: Pesticides shall be applied at times which minimize the possibility of contamination from climatic or other factors and at the proper life cycle of the pests. Early morning application shall be used when possible to avoid contamination from drift. Applicator shall monitor forecast weather conditions to avoid making application prior to inclement weather to eliminate potential runoff of treated areas.

Irrigation water applied after treatment shall be reduced to eliminate runoff. When water is required to increase pesticide efficiency, it shall be applied only in quantities which each area is capable of receiving without excessive runoff.

B. Handling of Pesticides: Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the target area.

Application methods shall be used which ensure that materials are confined to the target area. Spray tanks containing leftover materials shall not be drained on the site to prevent any contamination. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Department of Food and Agricultural Code or EPA regulations.

C. Equipment and Methods: Spray equipment shall be in good operating conditions, quality, and design to efficiently apply materials to the target area. Drift will be minimized by avoiding high pressure applications and using water soluble drift agents.

D. Selection of Materials: Pesticides shall be selected from those materials which characteristically have the lowest residual persistence. Use of emulsifiable concentrates shall be used when possible to limit windblown particles. The use of adjuvants will be to increase pesticide efficiency thereby reducing the total amount of technical material required to gain control.

E. Substitution: Wherever a specific type of material is specified, no substitutions shall be allowed without the written consent of the Public Works Manager.

F. Certification of Materials: All materials shall be delivered on the site in original unopened containers. Materials shall be subject to inspection by the Public Works Manager.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 41 Pest Control

1. All areas of the landscape shall be inspected for infestations of harmful nuisance pests such as ants, insects, mites, snails, and sowbugs. Plants shall be observed closely for leaves that may be blotched, notched eaten, blighted, deformed, mildewed, rusted, scorched, discolored, defoliated, or wilted.

2. Identify the cause of injury and consult a Pest Control Advisor before application of chemical treatments.

A. The State of California Agricultural Code requires that toxic pest control chemicals may be used only after a written recommendation by a State of California licensed Pest Control Advisor is obtained. A recommendation consists of all the applicator should know for an accurate and safe usage. The recommendation must be time and site specific.

B. Application of all pesticides shall only be applied by a properly State Licensed Pest Control Operator or a Certified Applicator of Pesticides.

C. There shall be no application of a pesticide without written permission of the City.

D. In case a Restricted Use Pesticide is recommended, the City must have a use permit issued only by the County of Orange Agricultural C ommissioner's office.

3. Contractor shall start preventative cultural methods before a pest is visible. At certain times of the year, and with certain environmental conditions, the presence of certain pests can be anticipated. Look at new growth for the presence of aphids, leaf hoppers, scale, mealy bugs, and mites. Look for ants on soil, along walks, and trunks of shrubs and trees. When ants are present, there will be sucking insects. Control of ants will aid in the control of plant feeding insects. Do not use toxic pesticides to control pests when predatory or parasitic insects are present.

4. Dusty foliage and warm temperatures are indicators of mites. So long as foliages are washed, mite populations are low. Keep mite populations low to prevent plant injury. Conifers are especially susceptible and often killed by mites.

5. Bark and Shot Hole Borer beetles weaken trees. Any cause of stress is cause to inspect trees. Look for ants on the ground, crawling up tree trunks, or in crotches of branches. Also, there may be branches dying. Control adult beetles before they lay eggs on bark in the spring. All trees near one infested tree, the previous year, should be treated as soon as possible. On-going inspections are necessary to determine if there is a summer brood. Any sign of beetle or other insect pest shall be reported to the Public Works Manager.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 42 6. Snails shall be controlled before becoming epidemic. They can be anticipated as a menace from spring until the advent of high temperatures, wherever moist soil prevails. Control with weekly applications of toxic bait until the youngest brood is gone. The City will not tolerate epidemics of snail infestation.

7. Pruning is an effective prevention of an epidemic of insects and diseases. Pruning away infected parts and disposing of them off-site separates the pest or pathogen from the host. Examples are Pine tree tip moth, Juniper twig girdler, Verticillium wilt, fireblight, and some other blights of foliage.

A. Some thinning of tree foliage, to provide light and aeration for ground cover, is a type of disease prevention.

B. Use care when pruning not to spread disease by keeping all cutting edges sanitized by dipping in an alcohol or bleach solution after each cut.

8. The Contractor shall establish a continuing program to control insects and rodents.

9. With the pest control program, the following information shall be included:

A. The pest to be controlled
B. Method of control
C. The product labels
D. A schedule as to frequency of control
E. Applicable S.D.S. Sheets
F. All mandatory signage

10. Monthly, the Contractor shall complete a pesticide spray log for any pesticides used. (Failure to submit this log to City will result in a Performance Deficiency Reduction.)

11. When using pesticides, the instructions on the label shall be followed explicitly and special care shall be exercised in application.

Rodent Control

Contractors shall be responsible for controlling all rodents, as required, on a continual basis. All turf and landscaped areas shall be maintained free of rodents to include gophers, ground squirrels, and pests to include, but not be limited to, snails, sow bugs, aphids, caterpillars, etc., that could cause damage to any plants, shrubs, ground cover, trees, irrigation systems, facilities or cause erosion.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 43 1. All methods employed to perform Rodent Control shall conform to all federal, state, and county environmental regulations.

2. Rodent Control shall be performed in accordance with the following criteria:

 All rodents to be controlled shall be identified and feeding habits determined prior to treatment of the area.

 All mounds shall be raked level a minimum of 24 hours prior to treatment.

C. Soil shall be checked in the area to be treated to ensure proper soil moisture exists prior to treatment with treated baits.

D. All treated bait, traps, and gases used to control rodents shall be placed in the tunnel. Traps shall be covered with soil once inserted into tunnel to prevent vandalism and to ensure public safety.

E. All bait containers and/or applicators shall be of the type that will minimize spills.

F. Any and all spilled bait shall be picked up or buried immediately.

G. All treated areas shall be inspected after treatment for dying animals. Contractor shall remove all dying animals and/or carcasses and dispose of them off-site prior to the end of each work day until area no longer requires further treatment.

H. Care should be taken to minimize or control use where domestic pets may come into contact with the poisons. Signage around applied area shall be considered.

3. Contractor shall be allowed to use Strychnine for Rodent control with submittal of a written recommendation from a certified Pest Control Advisor when applied in accordance with the following:

A. All mounds shall be raked level 24 hours prior to treatment with bait. Soil shall be inspected for proper moisture content. Bait shall not be applied to saturated soil. All raked bare soil areas shall be re-seeded upon conclusion of treatment.

B. Equipment required for bait application shall consist of a probe, pail, tablespoon, waterproof gloves, use proper PPE respirator, and probing bait run.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 44 C. Bait shall be applied in areas where active gophers have created new mounds. Tunnels shall be probed to locate active runs and treated bait shall be applied in amounts specified in product label recommendations.

D. All treated bait shall be placed in the tunnel with a tablespoon or probing bait gun. Strychnine of 1.8 percent or higher shall be applied with a probing bait gun only. All holes shall then be covered. All containers shall be of the type to minimize spills. Any spilled bait shall be picked up immediately or buried in gopher hole.

 Contractor may also, at his cost hire a licensed private pest control company to conduct rodent control at the Citywide Sports Parks. Contractor will need to provide to the City company name, address, contact person, contact person's phone number and proper insurance. Any damage caused by private pest control companies shall be repaired at landscape contractor's expense.

Failure to comply with the scope of work for Pest Control and Rodent Control shall be $400 per incident per day.

2.01.8 FERTILIZATION

Unit price for Bid Item #6 Sports Parks should be inclusive of the following tasks:

Scheduling

Fertilization will be applied in accordance with FERTILIZER SCHEDULE, or as otherwise directed by the Public Works Manager. All applications shall be recorded and specifically identified on the weekly schedule, indicating the fertilizer used, frequency applied and the landscape material applied to (i.e., turf, trees, shrubs, ground cover, etc.).

Material use reports for all fertilizer shall be filed with the City not later than the 10th of every month for the preceding month.

General

Fertilizers shall be inorganic, dry, pelletized formulation. Application shall be in accordance with manufacturer specifications.

Method of Application

In making application of fertilizer granules, precautions shall be taken to contain these materials in the planting areas. Caution should be used when using a cyclone spreader which tends to throw material onto paved areas. The use of constant flow P.T.O. driven spreaders will keep materials contained in planting areas, eliminating sidewalk stains.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 45 The Contractor will be responsible for removing all fertilizer stains from concrete caused by his application. Fertilizer shall be applied at manufacturer's recommended rate. Any fertilizer that is applied to non-target areas such as a roadway, sidewalk, parking lot, etc., will be removed immediately by contractor. Absolutely no fertilizer is allowed to enter the storm drain system. Contractor shall choose which methods of removal will work best. (i.e.: sweeping or gas powered blower, etc.)

Timing of Application

When climatic factors cause problems of the general use of fertilizers, an adjustment of the fertilizer schedule may be necessary. After fertilizer application, monitor watering schedule to eliminate runoff or leaching of fertilizer materials.

Trees and Shrubs

Fertilizers, pre-approved by Public Works Manager, shall be applied to trees and shrubs that require supplemental feeding. Annual spring feeding shall be done in accordance with the rate indicated by the manufacturer. Fertilization may require deep root feeding or foliar applications to correct iron chlorosis and other micro-nutrient deficiencies.

Landscaped Areas

All landscaped areas shall be fertilized in accordance with the following criteria:

1. All proposed chemical formulations shall be submitted to the Public Works Manager for approval prior to use.

2. All fertilization schedules shall commence with the effective date of the contract then follow the cycles established in the annual schedule.

3. Ground cover areas shall be free of moisture at the time of fertilizer application. Application of the fertilization shall be done in sections, determined by the areas covered by each irrigation system. All areas fertilized shall be thoroughly soaked immediately after the fertilizer is broadcast.

Soil Tests for Fertilization

Upon request soil samples for testing shall be taken from landscape locations as determined by the Public Works Manager.

1. Samples shall be tested at an agricultural soils testing laboratory approved by Public Works Manager.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 46 2. Contractor shall pay all costs for testing, taking samples, pickup and delivery to the testing laboratory, recommendation reports; all incidentals and no additional payment will be made thereafter.

Ground Cover

Apply fertilizer a minimum of 2 times a year, (March and September) to slope and all ground cover areas with a commercial fertilizer as often as required to promote a healthy appearance. Water thoroughly to prevent burning. Apply at the rate recommended by the manufacturer that is listed on the package.

Vines

Fertilize all vines with a commercial fertilizer a minimum of twice per year, in March and September, or needed to promote a healthy appearance. Water thoroughly to prevent burning.

Fertilizing of Turf Grass

1. Apply fertilizers so as to provide sufficient nutrients on a regular basis to keep turf grass in healthy looking condition. Sports fields shall be fertilized on monthly basis. Fertilizer will be applied as per the fertilization schedule, or as otherwise directed to maintain an aesthetically pleasing turf grass stand. Type of turf and time of year will determine type of fertilizers used. The frequency of application will greatly depend on amount of leaching caused by excess use of water. The type of fertilizer used and frequency applied will be recorded.

2. Use 6-24-24 XB starter fertilizer at a rate of 8 lb. per 1,000 square feet during over seeding process until first mowing and subsequently thereafter use Nitra King fertilizer at a rate of 1 lbN./1,000 square feet per month through the winter fertilization period.

3. Winter fertilization period shall begin November I and continue until the end of February. A Nitra King commercial fertilizer shall be required.

4. Summer fertilization period shall begin March 15 and continue until the end of September. A 16-6-8 commercial fertilizer shall be required.

5. For additional or special applications of nutrients (i.e., application of additional nitrogen, iron, calcium, micronutrients or gypsum, etc.), requested by the City, the contractor will be paid extra for the special Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 47 applications. The City will use the quoted extra labor charges and unit cost submitted with the proposal for reimbursement.

6. The Contractor shall supply to the City a list of dates and approximate times each bid area is scheduled for fertilizer application before the Contractor begins fertilization.

7. All proposed changes in formulation shall be submitted to the City for approval prior to use.

8. Turf shall be free of moisture at the time of fertilizer application.

Application of the fertilizer shall be done in sections. Before beginning irrigation Contractor shall determine areas covered by each irrigation system. Fertilizer shall be removed from hardscape, equipment, and park amenities, before beginning irrigation. All areas fertilized shall be thoroughly soaked immediately after the fertilizer is broadcast.

9. The Contractor shall take precautions to contain the fertilizer to planting areas only. The Contractor shall be responsible for removing all fertilizer stains from concrete caused by his application.

Turf Fertilization Schedule – (Sports Parks)

FREQUENCY TYPE & SOURCE TIME OF YEAR

5x/YR

Nitra King (2x)
Commercial16-6-8 (3x)

Winter (Nov. 1 - Mar.1) Summer
(May 1 - Aug. 1)
1x/YR 6-24-24 XB + Commercial Sep/Oct@ reseeding
12x/YR Sports Turf (nitrogen)
Nitra King
16-6-8

Monthly
Nov. - Feb.

Mar. – Oct.

Landscaping Fertilization Schedule

FREQUENCY TYPE & SOURCE TIME OF YEAR
2x/YR 15-15-15 March and September

Slow Release

4-1-1 w/iron or Approved Equal

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 48 Mulch

Mulch shall meet requirements of SB 1383 administered by CalRecycle.

Requirements:

 Compost and SB 1383 Eligible Mulch procurement.

Divisions, departments, and employees responsible for landscaping maintenance, renovation, or construction shall:

 Use Compost and SB 1383 Eligible Mulch produced from recovered Organic Wast for landscaping maintenance, renovation, or construction as practicable and whenever available, while capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet concentration, and pathogen density standards specified in 14 CCR section 17852 (a)(24.5)(A)(1) through (3).  When City uses Compost and SB 1383 Eligible Mulch and their application is subject to the City’s Water Efficient Landscaping Ordinance (“WELO”), pursuant to Lake Forest Municipal Code Title 9, Chapter 146, section 110 et seq., all divisions, departments, and employees shall comply with the City’s WELO by including the following:

 For landscape installations, Compost at a rate of a minimum of four (4) cubic yards per one thousand (1,000) square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) Organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.

 Apply a minimum of three (3) inches of SB 1383 Eligible Mulch to all exposed soil surfaces of planting areas, except in turf areas, creeping or rooting groundcovers, or direct seeding applications where such mulch is contraindicated. Whenever SB 1383 Eligible Mulch is applied this way, five percent (5%) of the landscape area shall be left without mulch to provide habitat for beneficial insects and other wildlife. Designated insect habitats must be included in the landscape design plan as such.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 49  Procure Organic SB 1383 Eligible Mulch materials made from Recycled or Post-Consumer Materials rather than inorganic materials or virgin forest products, unless Recycled or Post-Consumer Organic products are not locally available. SB 1383 Eligible Mulches are not required where prohibited by local ordinances.

 For all SB 1383 Eligible Mulch that is land-applied, such mulch must meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards specified in 14 CCR section 17852(a)(24.5)(A)(1) through (3).

 Keep records, including invoices or proof of Recovered Organic Waste Product procurement (whether through purchase or acquisition), and submit records to the Recordkeeping Designee upon completion of a project. Records shall include:

General Procurement records, including:

 A general description of how and where the product was used and applied, if applicable;

 The source of a product, including the name, physical location, and contact information for each entity, operation, or facility from which the Recovered Organic Waste Products were procured:

 The type of product;

 The quantity of each product; and

 All invoices or other records demonstrating purchases or procurement.

o For Compost and SB 1383 Eligible Mulch provided to residents through giveaway events or other distribution methods, records shall be kept of all Compost and SB 183 Eligible Mulch so given away to residents. Records shall be maintained and submitted to the Recordkeeping Designee in accordance with all reporting requirements under this policy.

o For procurement of SB 1383 Eligible Mulch, maintain an updated copy of the ordinance or enforceable mechanism(s) requiring that the mulch procured Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 50 by the City of Direct Service Provider meets the land application standards specified in 14 CCR section 18993.1, as amended from time to time.

 When procurement of Recovered Organic Waste Products occurs through a Direct Service Provider, enter into a written contract, agreement, or executed purchase order with enforceable provisions that include: (1) definitions and specifications for SB 1383 Eligible Mulch; and (2) an enforcement mechanism (e.g. termination provisions, liquidated damages clauses, etc.) in the event the Direct Service Provider is not compliant with these requirements.
 Review, amend, or terminate existing contracts as necessary to achieve compliance with the requirement of enforceable mechanisms pursuant to Section 5(1)(c)(3), above.

Trees

Trees shall be fertilized and aerated in accordance with the National Arborist Association Standard for Fertilizing Shade and Ornamental Trees, National Arborist Association Standards current edition.

Compliance lnspection

Compliance with fertilization specification will be enforced by application inspections, bag counts, and periodic soil analyses by independent soils laboratory.

Plant Additions and/or Replacements

As part of this agreement, the Contractor may be requested to replace damaged or destroyed trees, shrubs, vines, ground cover, or flowers. Such work will be paid for as extra work, based on contract unit prices, by the City unless otherwise specified within these specifications. Exceptions will be replacements due to Contractor's neglect. This will be determined by the Public Works Manager.

Failure to comply with the scope of work for Fertilization shall be $400 per incident per day.

2.01.09 IRRIGATION SYSTEM MAINTENANCE
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 51 Unit price for Bid Item #7 Sports Parks should be inclusive of the following tasks:

General

The controlling factor in the performance of water management is the application of water to landscape plants at a rate which closely matches the actual needs of the plant material with no runoff. Contractor shall have the sole responsibility for managing the City's irrigation usage and must remain within allocated water budgets and tiered rates established by water purveyors. Should the contractor exceed the established allocated water budget set for each water meter and enter into the inefficient or wasteful tiered rates, those overages may be charged against contractor's monthly maintenance invoice. A soil probe should be used to check soil moisture in the root zone. The soil should be moist or damp but wet evenly to at least 1” below the deepest roots. As temperatures rise it will be dryer near the surface than at the lower depths. This will mean adding extra minutes to each zone to keep the soil moisture correct. As the temperature continue to rise it may be necessary to go to an additional watering per day, one in the late evening and one in the early morning with a possible syringing in the heat of the day.

Contractor will need to probe regularly after rainfall to see how quickly it dries out. As compaction takes place from heavy wear/use, the time it takes to dry out after the rain will get longer. Therefore, it is necessary to knife aerate at least monthly during the heaviest play.

Contract will need to access Calsense website to monitor for daily alerts and adjust irrigation and controllers remotely.

Contractor will be required to assess the fields after rain events using a soil probe, visual observations, and by touch. Contractor will complete a form for each park indicating whether the fields are playable. Contractor will inform the Community Services Department prior to 7:30 am on Saturdays and Sundays, and 2:00 pm. on Mondays – Fridays informing them which fields are open for organized play.

lrrigation/Operation and Maintenance Scheduled Times

1. Irrigation shall be accomplished in accordance with Contractor-provided schedules subject to approval by the City. The following irrigation times shall be applied to various types of public facilities.

Available Water Schedule:

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 52 Turf (Sunday- Thursday) 10:30 PM – 6:00 AM
Landscape 9:00 PM – 6:00 AM
Manual Irrigation 8:00 AM - 3:00 PM

2. Adjust irrigation controllers to comply with designated watering windows and Contractor-provided schedules. Inefficient water management will result in a Performance Deficiency Reduction.

3. Contractor shall monitor the requirements of the plant material, soil conditions, seasonal temperature variations, wind conditions and rainfall, and shall recommend appropriate changes in duration of watering cycles.

4. Special watering required during daytime hours such as after over seeding, fertilization, during periods of extreme dryness or heat or during manual irrigation cycles shall be conducted in accordance with the following criteria:

A. There shall be minimal drift onto private property or roadways caused from the wind.

B. There shall be no interference with sports field activities or other special activities.

C. There shall be irrigation personnel present at each location until watering cycle is completed.

 Contractor shall respond within one (1) hours of any request by the Public Works Manager to turn on/off irrigation systems, particularly in respect to rainfall.

6. All damages resulting from under or over watering shall be repaired at the Contractor's expense.

Operation/Repair

1. The entire irrigation system, including all components from connection at meters, shall be maintained in an operational state at all times. This coverage shall include but not be limited to the following: all controllers and remote control valves; gate valves, ball valves, and backflow devices; main and lateral lines; filters, pumps; sprinkler heads; moisture sensing devices; and all related equipment. Contractor Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 53 is required to notify the Public Works Manager of mainline failures within twelve (12) hours of occurrence.

2. All irrigation systems shall be tested and inspected a minimum of once every week (excluding Saturday and Sunday) and a written report shall be submitted on a weekly basis and in accordance with the schedule submitted at the start of the contract showing the location, day of week, and time of day that each system was tested. Any changes shall be submitted for approval prior to enactment. Failure to inspect irrigation systems within the required timeframes shall result in a performance deduction.

3. All systems shall be adjusted in order to:

A. Provide adequate coverage of all landscape areas

B. Prevent runoff and/or erosion

C. Prevent watering roadways, walkways, trails, fences, and private property and minimize water usage for cleanup operations

D. Match precipitation rates

E. Limit evapotranspiration loss using State of California ET area ratings.

F. Limit hazardous conditions

G. Contractor will adjust or clean as necessary all sprinkler heads, quick couplers, or valves to continue operation of maximum efficiency and performance.

H. Sprinkler heads shall be kept clear of overgrowth, which may obstruct maximum operation. Chemical edging around turf heads will not be permitted. Raising heads or lowering grade and reseeding are options to keeping head height in the correct position for maximum effectiveness.

I. Contractor will keep system in adjustment valve or head adjustment to keep all systems operating at manufacturer’s recommended operating pressures. This shall be accomplished by valve throttling, pressure gauging, and valve pressure regulator adjusting. At all times, the valves should be throttled so as to prevent sprinkler heads from fogging, allowing droplets for effective watering. At any time, the Public Works Manager may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 54 4. All system malfunctions, damage, and obstructions shall be recorded and timely corrective action taken.

5. In addition to weekly testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed, or reported; daily if necessary.

A. Repair malfunctioning controllers, quick couplers, manual or automatic valves and sprinkler heads within four (4) hours from observation or of receipt of notice.

B. Correct deficient irrigation systems and equipment as necessary following notification from the Public Works Manager.

The Contractor shall turn off irrigation systems immediately as directed during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of good horticulturally acceptable maintenance practices.

 Mark sprinkler heads and lateral line locations for special events.

 Once the City acknowledges the necessity to turn on the water once again, all controllers shall be activated.

6. Adjustment, damage, and repairs shall be divided into the following categories and actions:

A. Any repairs made by the Contractor will be in accordance with the original details. At no time shall contractor install irrigation heads other than what is on-site at the time of inspection. (i.e.: Rainbird irrigation heads will not be installed where Hunter irrigation heads are the uniform irrigation head.) Failure to comply with this issue will result in a performance deduction issued once every day until mismatched irrigation heads are removed and the proper heads are installed.

Contractor shall keep an adequate supply of replacement heads on repair vehicle at all times. Contractor shall make repairs immediately using "like" materials to maintain uniformity and to match appl ication rates.

Contractor shall replace, at his cost, any irrigation heads installed improperly or heads that do not match existing or "like" heads.

B. All sprinkler heads shall be adjusted to maintain proper coverage. Adjustment shall include, but not be limited to, actual adjustments to heads, cleaning and flushing heads and lines, and removal of obstructions. Costs for adjustment shall be included in costs for operation and maintenance of the irrigation system.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 55 C. Repairs to the system caused by conditions under which the Contractor does not have direct control shall be done by others or paid for by the City. Repairs under this category shall be "extra work" and are as follows:

1) Theft (missing heads)
2) Storm damage (Acts of God)
3) Damage by others
4) Malfunctions to automatic controller, remote control valves, pressure or lateral lines.

D. Damage and repairs shall be divided as follows:

 Minor repairs shall include, but not be limited to, all irrigation components from, and including, the valve to lateral line and heads/emitters, replacement of adjusting pins, friction collars, washers, drip assemblies, tubing, nozzles and other small parts. City will compensate contractor for parts’ wholesale price plus tax. The labor cost for minor repairs shall be included in the costs for operations and maintenance of the irrigation system.

2) Major repairs shall include all items between the automatic control valve to the water meter including but not limited to backflow devices, pressure regulators, booster pumps, filters, irrigation controllers, and mainline control wire (except as previously noted). City will compensate contractor for parts’ wholesale price plus tax. The labor cost for major repairs shall be included in the costs for operations and maintenance of the irrigation system

E. Repairs of the irrigation system shall be completed within 12 hours after approval of the Irrigation Materials Request Form by the Public Works Manager for major component damage such as broken irrigation mainlines.

F. Contractor shall be responsible for adjusting height of sprinkler risers necessary to compensate for growth of plant material. If pop -ups are used, adjust pop-up height and do not convert to a riser.

G. Work performed by the Contractor and paid for as extra work will be guaranteed for a period of one year by the Contractor.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 56 H. Until the ground cover plantings are established, care shall be exercised to minimize silting of walks from soil erosion by the use of proper irrigation programming. The Contractor shall use repeat cycles to minimize run-off whenever possible.

I. Contractor shall pay for all excessive utility usage due to failure to repair malfunctions on a timely basis or unauthorized increases in the frequency of irrigation. Costs will be determined from comparisons of usage with historical usage for the same time period. Costs to be deducted from monthly payments will be presented to the Contractor by the City.

J. The Public Works Manager will do spot inspections to check the accuracy of the Contractor's maintenance reports. If discrepancies are found, the Contractor will have twenty-four (24) consecutive hours to correct problems. While the Contractor is correcting problems in unsatisfactory areas, the specified level of service will be maintained in all other aspects of this Contract.

K. The Contractor shall adjust sprinkler heads and valve boxes to the level of the ground surface as necessary or when instructed by the Public Works Manager. Control valves, sprinklers, and direct burial control wires shall be located and repaired by the Contractor.

L. The Contractor shall be responsible for properly removing control clocks needing repair, marking station wires, delivering clocks for repairs to a City-approved repair facility, and reinstalling the control clock with station wires in the original order as found. If repairs encountered will take more than two working days to correct, a temporary controller, supplied by the Contractor, will be installed by the Contractor until the permanent controller can be repaired.

M. When sprinkler systems are out of service due to the Contractor's neglect, the Contractor shall be required to water by hand or other means in accordance with plant and vegetation needs. This shall not be an extra labor charge.

N. When rain occurs or is in the forecast with some certainty, all sprinkler system controllers shall be turned off by the Contractor's personnel. The Contractor will notify the City before the turn-off process starts and when the turn-off process is completed. The Public Works Manager will confer with the Contractor when the sprinkler system controllers are to be turned back on.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 57 0. The Contractor shall be held responsible for damage done to sprinkler heads and valves due to careless operation of vehicles and lawn mowers.

7. Personnel

 The Contractor shall provide personnel fully trained in all phases of landscape irrigation system operation, maintenance, adjustments, and repair; in all types of components to include irrigation controllers, valves, moisture sensing devices, and sprinkler heads; and with all brands and models of irrigation equipment used within the City including Calsense irrigation controllers. A certified irrigation technician is required. The identified irrigator cannot be removed without City approval, nor can a new irrigator begin without City consent.

 The Contractor shall provide personnel knowledgeable of, and proficient with, current water management concepts, with the capability of working with City staff in implementing more advanced water management strategies

 The Contractor shall provide personnel capable of verbal and written communication in a professional level of English.

 Contractor shall provide the following minimal personnel at the

Sports Parks:

1 Contract Superintendent/Sports Turf Manager 1 Irrigator
1 Irrigator Assistant
2 Foreman
11 Laborers

Total minimum staffing: 16 personnel. This is the minimum staff levels the City requires to ensure that all maintenance work is completed on schedule to avoid performance deficiency deductions. Should the Contractor need to increase its labor force to maintain the required schedules, the cost for additional labor shall be absorbed by the Contractor. No additional compensation for added labor will be allowed. A list of active crew members is required. Any changes to the normal crew are required to be identified and reported to the Public Works Manager.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 58 All contract personnel assigned to the City shall wear company uniforms that clearly identify each worker while working in City parks.

 Completion of Extra Work

All extra work shall not be completed by maintenance crews. Contractor will be required to provide separate crews to provide extra work. Contractor will required to provide a written cost proposal for all repairs and improvements with the exception of irrigation system repairs. Upon approval, the Public Works Manager shall issue a Notice to Proceed for the improvement/repair work and that work shall be completed by a specified date. Failure to complete all repairs and/or improvements by the specified completion date in the Notice to Proceed shall result in a 10% reduction in the cost proposal for that work. This scope of services includes the contractors ability to fulfill proposals at other sites not listed specifically within this agreement. This includes, but not limited to, passive parks, medians, parkways, and slopes, sports parks, and the Sports Complex.

8. Materials

 All replacement materials are to be with original types and models unless a substitute is approved by the Public Works Manager.

 Any replacement material not designated as original types and models will be approved by the Public Works Manager. Any materials determined to be different from original types will be approved under a separate cost proposal describing the difference in material. The cost difference for the new material will be negotiated with the contractor and require approval by the Public Works Manager.

C. Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation systems.

C. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment shall be made for repairs on equipment covered by warranty.

D. The actual cost of all material passed on to the City shall be wholesale cost of the material.

1) The wholesale cost shall be the actual cost paid by the Contractor reflecting the best price, including discount available.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 59 2) At no time shall the cost of materials exceed the retail cost from the current price list, minus the discount rates quoted in the bid. 3) The total cost of materials shall include the following -  Wholesale cost (retail costs minus Contractor’s discount), as stated above.
 Applicable sales tax.
 A markup of 10% maximum for all overhead costs and profits.

E. All materials are to be new and identical to existing materials, unless directed otherwise by the Public Works Manager.

9. Invoicing

A. Since all normally anticipated labor costs are to be included in the contract amount including emergency water shut off and simple valve closures, emergency call-outs involving repairs after working hours will be considered extra work compensation. This type of work shall be defined as "extra work".

B. Irrigation Repair Invoices shall be organized according to controller number and submitted on a weekly basis to reflect work carried out via the irrigation management sheet.

10. Water Management

A. All systems shall be programmed weekly and/or a needed to maintain healthy plant material and landscape.

B. All program changes shall be recorded on an Irrigation Management Form.

C. Water meter reading for each system shall be submitted on a weekly report.

D. The watering schedule will be established and programmed by the Contractor. Application rates will be based on the amount the planting areas are capable of receiving without excessive run-off. The irrigation system schedule shall be monitored and adjusted accordingly to maintain an efficient use of water being applied.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 60 E. In determining rates of application, soil type, topography, and weather conditions will be taken into consideration. The project sites are equipped with an automatic system which provides for repeat cycles, applying water over shorter periods of time that will allow for proper infiltration and thereby minimize run-off.

F. The irrigation system will be physically observed a minimum of once every week (excluding Saturday and Sunday) to keep the system operating at an optimum level of efficiency.

G. Particular observation shall be paid to all slope areas which will, by physical nature, provide for greatest potential run-off.

H. Contractor will be responsible for hand watering any areas not provided with an irrigation system.

I. In those areas where a drip/water saver system is used, the Contractor will be required to hose off or wash dust/soot off plant material weekly or more often if required to prevent plant damage or as directed by Public Works Manager.

J. Contractor will submit to the Public Works Manager a copy of the irrigation schedule for each controller Contractor will be expected to use minimal amount of water in all areas, but maintain healthy plant growth.

L. Where moisture sensing devices are used, a continual monitoring will be made to assure units are functioning properly. If malfunction is noted, the Public Works Manager will be notified immediately.

M. Automatic controllers will be kept locked at all times.

N. All non-stainless steel controller enclosures must be painted as needed to maintain a good appearance. Color will be determined by the Public Works Manager. New enclosures shall be made of stainless steel.

0. Contractor will maintain an active "site schedule" and color-coded site map denoting each area of irrigation in each controller enclosure. Any changes made in the field or to the current program will be documented on the site schedule to ensure the most recent, active schedule is represented. Copies of site map and all the changes shall be provided to the Public Works Manager.

11. Maintenance of Drainage Facilities

The Contractor shall be responsible for continual inspection of surface drains (i.e., bench drains, flow structures, v-ditches), located within the park. Surface drains shall be checked and maintained free of obstructions and debris at all times to assure proper drainage. Remove Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 61 any debris or vegetation which accumulates and prevents proper flow of water. All drain sumps or catch basins and drain lines shall be cleared at least twice per year or as directed by the Public Works Manager.

Failure to comply with the scope of work for Irrigation System Maintenance shall be $400 per incident per day.

2.01.11 INFIELD MAINTENANCE
____________________________________________________________

Baseball/Softball Infield Maintenance – Sports Parks

Unit price for Bid Item #8 Sports Parks should be inclusive of the following tasks:

Skin/Baseline Areas
Maintain a level surface with uniform consistency throughout the areas. Problems areas include edges, player position areas, sliding and lead-off areas.

Daily Maintenance: Scarify 1 /2", drag, level, rake, edge, wet down add material as needed. Rebuild Pitcher's mound and add calcined clay as needed

Weekly Maintenance: Deep watering, Scarify 1" deep, level depressions and drain maintenance, pressure wash grass edges, plus daily maintenance duties as needed

Monthly Maintenance: Re-screen surface, deep scarify, add calcined clay, level, pack firm with one ton roller

Annual Maintenance: Deep scarify, add Angel Mix as needed; laser level, rebuild/realign and add calcined clay as needed. In mounds, replace home base, bases, and replace Clay bricks on home base and pitcher mounds, realign fields

Dragging Equipment I Techniques: The following dragging techniques shall be applied to all baseball/softball infields. All dragging should avoid the grass edges by staying at least one foot away- the area next to the grass edge should be hand raked.

a. Scarifying drag: loosens and mixes the top 1/2", or so, of skin material (clay) with the conditioner (topdressing) material typically consisting of calcined or vitrified clay. Scarifying drags also level the cleat marks created in the skin base clay. Baselines should be dragged by hand if there is grass on both sides.

b. Leveling drag: Fills in minor swales created from sliding and concentrated cleat activity at the player position areas and baselines. Care should always be taken when dragging near the grass edges to avoid moving any loose soil into the grass thus contributing to the lip problem. For best results on the skin area, dragging with a level drag should be in circles with a minimum turning radius of the equipment used to pull the drag. A medium turning radius at a slow speed Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 62 prevents the tires on the equipment from digging into the clay base. Keeping the turning radius the same and overlapping the drag width half way from the previous drag pass will help ensure a more uniform and level surface. No utility vehicles be used for this purpose. A Sand Pro or equivalent should be used for this operation

· c. Grooming drag: puts the finishing touches on the leveling process by eliminating any ridges created by the scarifying and leveling drags. It also helps establish a more uniform distribution of the conditioner or topdressing material.

Edges:

The infield/outfield edges require daily maintenance. Lightly raking or sweeping away any loose infield material in the grass on a daily basis will greatly reduce lip buildup. Periodically, the edges will require reestablishment every week by setting up a taught string line stretched from one base cutout to the other. Then, with a power edger, cut along the string line to cut grass stolons and straighten the edge line. Once the edge has been cut remove any loose grass debris- this may involve the use of a hoe to remove any Bermuda grass that has become anchored on the skin side of the edge. With a re-defined edge add enough infield skin mix necessary to re-level the edge line and compact with a small hand roller. One should be able to stand on the edge line (straddling the grass and skin) without feeling any elevation difference.

Daily Maintenance: Rake/broom level.

Weekly Maintenance: Maintain level grade.

Monthly Maintenance: Re-screen surface; scarify, add calcined clay, level.

Annual Maintenance: Scarify, add Angel Mix as needed, laser level, add calcined clay as needed

Moisture Management: The key component to any good infield skin and baseline is proper moisture within the soil profile. Proper moisture can take a poor performing infield and turn it into one of superior performance.

Daily Maintenance: Apply even moisture

Pitcher's Mound I Home Plate Area:

Daily pitcher's mound and home plate maintenance is required.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 63 Repair holes on the mound and in the batter and catcher boxes utilizing this 5-step process:

Step 1: Using a kitchen broom remove all loose soil from holes - the base of the hole should be firm and hard.

Step 2: Using a pump-up sprayer or a hose with an on/off nozzle set to a trickle wet the base of the hole to the point where the clay in the bottom of the hole becomes sticky and slightly slimy- make sure the edges of the hole are wet as well.

Step 3: Add moist clay material to the hole

Step 4: Compact the applied clay material with a tamper making sure the compaction is occurring throughout the entire area of the hole. Compact area until it is level with the surrounding surface.

Step 5: Keep clay moist for best playability and minimal disruption - apply light amounts of water as needed to prevent clay from drying out and cracking. Use of tarps will help retain moisture within the clay during hot sunny days.

Key mound repair areas will include the launch area (next to the rubber), the landing area (approximately 5 feet down the slope from the rubber), and the follow-through area (approximately 3 feet to the right and left of the landing area).

Key home plate areas will include the holes in both batters boxes, the catchers box, the start line toward 1st base (typically located just outside the right batters box and in line with the foul line), and the sliding area into home plate from 3rd base side.

Mound Maintenance

- Daily Maintenance: Repair holes with clay
- Weekly Maintenance: Reestablish perch/slope
- Monthly Maintenance: Reestablish circle, reestablish height - Annual Maintenance: Reestablish circle, height, perch, slope, rotate rubber, laser level

Batter Boxes

- Daily Maintenance: Repair holes with clay
- Weekly Maintenance: Re-level area

Bullpen Maintenance

- Daily Maintenance: Repair holes with clay
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 64 - Weekly Maintenance: Reestablish perch/slope
- Monthly Maintenance: Reestablish height
- Annual Maintenance: Rotate pitching rubber

Baseline Maintenance

- Daily Maintenance: Drag, level, rake, chalk
-Weekly Maintenance: Power edge, scarify, level
- Monthly Maintenance: Add Angel Mix as needed
-Annual Maintenance: Edge, scarify, laser level

Base Maintenance

- Daily Maintenance: Check anchors/sleeves, and rubber -Weekly Maintenance: Paint white on Fridays with paint diluted 10:1 (water:
paint)
Monthly Maintenance: Repair/replace as needed
-Annual Maintenance: Repair/replace as needed

2.01.12 TURFGRASS MAINTENANCE

Unit price included in Bid Item #3.

Contractor shall provide designated mowers to each sports field to prevent cross- contamination.

Bermuda Grass Maintenance (Apr-Oct)

Mowing: Once Bermuda grass comes out of dormancy begin mowing at 1" height to reduce shade from cool-season grasses and allow more heat to the crown of the Bermuda plant with a reel mower. Mowing frequency should be 1 to 3 times per week. Clippings can be left if the 1/3 rule is followed. Hybrid Bermuda prefers a mowing height of ½” to ¾”.

Fertilization: City utilizes fertigation at the Sports Complex for injecting fertilizers into the irrigations system for the soccer and common ground fields. Contractor will be required to hand fertilize using Nitrogen-U28, Phosphorus-11-52-0, Potassium 0-0-25, gypsum and Organics-granule & liquids. NaXIT will also be required to move sodium out of the root-zone, reducing soil pH, increasing soil percolation, reducing sodium EC%, allowing reclaimed water to be used on salt intolerant blue grasses. Apply a complete fertilizer at a rate of 1 lb of N per 1000 sf every month. In June and July the amount of N can be increased to 1.5 lbs per 1000 square feet or an additional application of 1 lb per 1000 square feet can be applied two weeks following the 1 lb N application. e ratio of nitrogen (N) to potassium (K) should be close to equal with phosphorous (P) that of N and K. Fertilizer selected should include some secondary nutrients (calcium, Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 65 magnesium, and sulfur) as well. Apply micro nutrients (iron, manganese, zinc, copper and boron) at the label rate in June and July-this can be either in granular form or liquid form if spray equipment is available.

Dethatching: Vertical mow all turf grass areas in June or July at the completion of field activity. Vertical cutting blades should be spaced approximately every 2" and set to 1/2" below surface soil level depth of the soil surface. If equipment has vertical blade spacing greater than 2" then make 2 passes at right angles over entire area. Debris should be removed. Vertical mowing will provide some viable stolons that can be placed in heavily worn areas for establishment.

Aeration: All sports field turf areas should be aerified every month. Any cores left behind must be collected from the field at the conclusion of each workday. Three types of aeration are required annually to relieve compaction.

 Shatter-tine aeration – An Aerway fracture tine machine is recommended and will fracture the entire root-zone 7-10” deep. This will be done once a year duing the Major Annual Turf Renovation to relieve any compaction that might have taken place the year before.

 Core or plug pulling aeration – The aeration leaves a ½” – ¾” by 2.5” – 4” hole in the soil and will also be done annually during the Major Annual Renovation just before top dressing. All plugs require collecting before topdressing. The fracturing tine can be set to be more aggressive and can make holes big enough to top dress into without pulling plugs.

 Knife aeration – Performed regularly throughout the growing season because it temporarily relieves compaction without disturbing the surface or leaving plugs that could deflect the ball. This process will be performed monthly with a 6” turf slicing knife during the growing season. Do not go two directions with knife aerating because it will make an X with two slits that could be caught be a soccer cleat and ripped up. Contractor can go in more than one direction during the Annual Renovation because these slits will mend before play resumes.

Topdressing:

Top dressing is for releveling the surface of the sports fields and re-adding more organics to the soil.

 First year us ¼” of top dressing over entire turf area.

 Second year and beyond use 1/8” of top dressing.

 Top dressing mix shall be 80% of the following sand specified and 20% of the compost specified.

 Drag for dragging top dressing into aeration holes and low spots shall be 15’ 3” deep drag that mixes material as it moves forward.

Perennial Ryegrass I Tall Fescue Maintenance (Oct-Apr)

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 66 Mowing: Raise the height of cut to 1" and mow 2x per week. Mowing should be done with a reel type mower. Clippings can be left if the 1/3 rule is followed.

Aeration: All turf grass areas should be core aerified every month. Cores must be collected and removed by the end of each work day since It is important to create an avenue at the soil surface for water, oxygen and carbon dioxide exchange with the atmosphere.

Overseeding: Because of the heavy use periods during the winter over seeding is necessary to support field activity. Over seeding should be applied as follows:

• Over seed in late September to mid October
• Mow grass at 1" height and leave clippings
• Core aerify to at least 3" depth
• Uniformly apply Perennial Rye grass with a broadcast spreader (Lely pull-behind, etc) at 10 lbs per 1000 square feet
• Top dress with a mix of 80% medium washed sand and 20% organic at a rate of 40 cubic yards per acre
• Fertilize with a pre-plant fertilizer (BEST 6-20-20, etc) at 1 lb P and K per 1000 square feet
• Irrigate with enough water to move seed down to the soil surface (amount of water dependent on scheduled field activity) • Seed must remain in contact with soil; seed kept moist until germination; seedling not allowed to dry out during establishment (10 days typically)

Failure to comply with the scope of work for Sports Field Maintenance shall be $400 per incident per day.

2.01.13 GUARANTEE AND/OR REPLACEMENT POLICY

All new plant material and irrigation installations shall be guaranteed for a period of one calendar year except due to "Acts of God", i.e., damage or death of plant material due to wind, storm, vandalism, theft, or other willful acts over which the maintenance contractor has no control. Existing plants shall be replaced by Contractor at the Contractor's expense, if it is determined by the Public Works Manager that they died due to Contractor's negligence. All irrigation system components that fail or break as a result of contractor negligence shall be replaced by the contractor at his expense.

Failure to comply with the scope of work for Guarantee and/or Replacement Policy shall be $400 per incident per day.

2.01.14 LANDFILL DIVERSION

Contractor shall be responsible for the recycling of all green waste generated from maintenance operations within the City. Green waste shall be diverted from landfill to an approved reclamation site and processed for recycling. Contractor shall submit a recycling and disposal report summary on a monthly basis to the City. The summary Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 67 report shall show the tonnage of recycled green waste supported by original weight tickets or other records of measurement from recycling facilities and/or landfill and disposal facilities.

Failure to comply with the scope of work for Landfill Diversion shall be $400 per incident per day.

2.01.15 MAINTENANCE AND REPAIRS TO PARKS AND OTHER LANDSCAPE AREAS

Contractor shall provide on-call maintenance and repair services at City parks, including passive parks, medians, parkways, and slopes, and other landscape areas under this contract. This maintenance and repairs will include, but is not limited to, the following:

 Maintenance and repair of facilities including minor plumbing, water heaters, sinks, toilets, urinals, drains, doors, vents, walls, timers, locks and other accessories or equipment.

 Maintenance, repair, and acquisition of amenities including benches, gazebos picnic tables, BBQ, water fountains, drinking fountains, fences, gates, block walls, playground/exercise equipment, concrete and sidewalks.

 Maintenance, repair, and acquisition of appurtenances including electrical fixtures on buildings, walkways, sport courts, monument signs, light poles, electrical timers, electrical locks, lights and irrigation controllers and equipment.

Failure to comply with the scope of work for Landfill Diversion shall be $400 per incident per day.

EXHIBIT A

CITY OF LAKE FOREST

PARK RESTROOM JANITORIAL SERVICES

SCOPE OF SERVICES

Standards of Work and Contractor Responsibility

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 68 1. Provide all cleaning equipment and materials including, but not limited to, multiuse/multi surface, disinfectant soap, stainless steel cleaner, bowl brushes, mops, buckets, and squeegees needed to complete the work.

2. Provide all paper products including, but not limited to, toilet paper, paper towels, trash liners, and toilet seat covers needed to maintain a constant supply for users. Note: some City park restrooms utilize 10 and 12 inch size rolls of toilet paper as necessary. All supplies and costs shall be included in contractor’s bid item for each park.

3. Clean restrooms once per day, seven (7) days per week, 365 days per year. Servicing of restrooms after hours is acceptable.

4. Provide proper signage to be posted outside restroom identifying the restroom is closed for maintenance.

5. Maintain material storage area in a clean and organized manner.

6. Provide battery-powered air freshener canister replacements on an as-needed basis for each restroom.

7. Remove minor graffiti with gel vandal remover. If graffiti is extensive, it must be reported to a City designated representative immediately.

 Unclog toilets and sinks as needed.

 Report any vandalism immediately a City designated representative upon discovery.

 Provide one (1) employee that can communicate verbally and in writing in English.

 Provide proper supervision in order to achieve the highest quality cleaning possible for visitors to City park restrooms.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 69  Responsible for trash in and around the restroom building only. Contractor is responsible for disposing of trash at a licensed and approved dumpsite.

 Services to be provided daily:

a. Empty and re-line all wastebaskets.
b. Clean and sanitize all toilets.
c. Clean and sanitize all sink basins.
d. Clean all mirrors (if applicable).
e. Spot clean walls and light switches.
f. Remove cobwebs from restrooms as well as storage room and/or plumbing chases. g. Sweep floor.
h. Disinfect and hose down floor.
i. Hose down concrete entrances to restrooms.
j. Replenish restroom supplies including but not limited to toilet paper, paper towels, and toilet seat covers.
o Control water runoff.

Monthly Pressure Washing (1x Per Month) (Included in Monthly Service Cost)

 Pressure Washing

 Pre-spray the areas to be pressure washed with eco-friendly, non-emulsifying detergent.  Adjust water pressure and temperature to the appropriate amount to provide optimal cleaning power without damaging City’s property.
 Apply protective cover to areas not to be pressured washing. Examples include covering electrical outlets with plastic cover and placing water absorbent socks at strategic locations to prevent seepage.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 70  Place “Wet Floor” signs adjacent to restroom areas to be pressure washed.  Perform and complete in a through, workmanlike manner and in accordance with the latest proven practices of the trade by thoroughly skilled and experienced workmen.

Clean-up Work and Site Preservation

Any damage caused by contractor’s operations shall be repaired immediately at contractor’s expense. Clean-up work shall consist of restoring site to original condition after repairs are made. The City does not have a secure location to keep contractor’s equipment.

Safety

Contractor shall comply will all applicable safety measures at all times. Since work sites are within public parks, contractor’s personnel and method of operations shall protect the public at all times.

Uniforms and Vehicles

When performing the contracted services, contract personnel shall wear a clean and presentable uniform with, at a minimum, the company name visible at all times. If approved by the City, additional information may be provided on the uniform. At a minimum, the uniform shall consist of a shirt with the appropriate information as noted above.

Noise

Contractor shall be subject to local ordinances regarding noise levels. Contractor shall conduct its operations so as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet within and surrounding the area where the services are performed. The schedule of work may be modified by the Public Works Manager or designee in order to insure that the public is not unduly impacted by noise created by the contractor’s work.

Park Locations

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 71  Baker Ranch Sports Park, 26380 Ranch Parkway South Men’s restroom - 2 sinks, 2 toilets, 1 urinal
Women’s restroom - 2 sinks, 3 toilets

 Borrego Park, 269 Cabriole
Men’s restroom - 1 sink, 1 toilet, 1 urinal
Women’s restroom - 1 sink, 2 toilets

 Foothill Ranch Community Park, 19422 Rue De Valore
Men’s restroom - 2 sinks, 2 urinals, 1 toilet
Women’s restroom - 1 sink, 3 toilets

 Heroes Park, 25420 Jeronimo Road
Men’s restroom – 1 sink, 1 toilet, 2 urinal
Women’s restroom - 1 sinks, 4 toilets

 Portola Park, 28040 Glenn Ranch Road
Unisex restrooms – 2 sinks, 2 toilets

 Rimgate Park, 29772 Rimgate
Men’s restroom - 1 sink, 1 toilet
Women’s restroom - 1 sink, 1 toilet

7. Tamarisk Park, 22001 Tamarisk
2 Unisex restrooms – 2 sinks, 2 toilets

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 72 EXHIBIT B

CITY OF LAKE FOREST

SPORTS PARKS PORTOLA DOG PARK

SCOPE OF SERVICES

Standards of Work and Contractor Responsibility

It shall be understood that the Contractor will be required to perform and complete the proposed landscape maintenance work in a thorough and professional manner, and to provide labor, tools, equipment, materials, and supplies necessary to complete all the work in a timely manner that will meet the City’s requirements. Contractor will be required to perform the following maintenance activities at the Portola Park Dog Park:

• Daily removal of trash, debris and dog waste inside and around the park, includes spot cleaning/washing of synthetic turf sidewalks, and planters. • Daily cleaning, sweeping, blowing of all hardscapes and sidewalks. Spot washing as needed or requested by City.
• Daily removal, emptying, and cleaning of trash and recycle receptacles • Daily cleaning of trash receptacle lids
• Daily removal of debris from sidewalks, V Ditches, and landscape areas • Daily inspection and replenishment of Doggie Walk Bags dispensers before noon. • Daily cleaning of city property including trash collection, removal of illegal dumps and illegal signs • Daily cleaning/serviced of all water features (free of algae/debris/and) • Landscape maintenance, maintaining natural and/or synthetic turf, including turf sprinklers • Synthetic turf maintenance to follow recommended manufacturer guidelines and schedules, including monthly power brushing
• Report any rips or damage immediately to the City Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 73 • Fill holes, fertilize, and/or cultivate landscaping as necessary • Trim shrubs, vines every two weeks and maintain trees up to 15 feet • Maintain ground cover
• Plant replacement as necessary
• Perform backflow repairs and certification as needed • Natural shaping, trimming, raising, and training of shrubs • Maintaining and repairing irrigation systems
• Hand water all non-irrigated planting pots or areas • Maintenance of drainage facilities
• Control of all plant diseases, weeds, and pest control • Disinfect synthetic turf area as directed by manufacturer and/or Public Works Manager, or representative, application of Turf Fresh (Odor eliminator) as needed • Pressure washing on a weekly basis of structures, and sidewalks • Other associated services required to maintain a safe and attractive Dog Park

EXHIBIT C

CITY OF LAKE FOREST

INTEGRATED PEST MANAGEMENT POLICY (IPM)

INTEGRATED PEST MANAGEMENT (IPM) POLICY &

IMPLEMENTATION GUIDELINES

FOR THE CITY OF LAKE FOREST
*GENERAL IPM POLICY:

For the last 55 years, the trend in pest management has increasing relied on synthetic chemical pesticides. The result has been not only a tremendous increase in the use of many dangerous chemicals, Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 74 but also an increase in the number of pests that are resistant to the pesticides or new organisms becoming pests. Additionally, some pesticides used for terrestrial pest management have been found in waterways causing problems in the aquatic environment.

Pest control managers are now moving away from their reliance on pesticides alone toward an integrated approach that combines limited pesticide use with more environmentally friendly pest control techniques. This system is known as integrated pest management (IPM), a strategy that focuses on the long-term prevention of pests or their damage through a combination of techniques, including preventative, cultural, mechanical, environmental, biological, and chemical control tactics (Figure 1). The techniques are utilized simultaneously to control pest populations in the most effective manner possible.

Developing a comprehensive Integrated Pest Management (IPM) Program and approach allows us to focus on our primary efforts of pollution prevention. By monitoring and preventing pests as well as minimizing heavy pest infestations we can reduce the need for chemicals and/or multiple applications.

IPM programs utilize monitoring techniques and injury and economic thresholds to determine when to implement control strategies. Treatments are used only used according to established guidelines after monitoring indicates that such treatment is appropriate. Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and non-target organisms and the environment.

The use of pesticides is often a measure of last resort. Because of this, the management guidelines for pesticide use are presented in a separate section immediately following the IPM guidelines.

Figure 1
Components of an Integrated Pest Management Program

Scope of IPM Policy and Implementation Plan

IPM practices are encouraged over the sole use of pesticides as the primary means of pest management (Table 1). As a part of the Municipal Activities Program Manual, the public agencies and their contractors should evaluate the non-chemical components of IPM before intensive use of pesticides.

The goal of IPM is not to eliminate all pests, but to keep their populations at tolerable levels. Pesticides may be part of an IPM program, but they should only be used after the pests exceed established thresholds and only applied in the affected area (in the case of disease prevention, some modifications may be allowed). In general, all pest control strategies should be those that are least disruptive to Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 75 biological control organisms (natural enemies), least hazardous to humans and the environment (including non-target organisms), and have the best likelihood of long-term effectiveness.

Table 1. Advantages and Disadvantages of a Pesticide-Based Program versus an IPM-Based Pest Control Program
Pesticide Based Pest Control IPM Based Pest Control
Advantages Disadvantages Advantages Disadvantages
Quick suppression of
pests
Not long-term Long-term control It may take longer to see results
Pest control is
reactive
Can be proactive in
pest control actions
Must establish thresholds
Loss of natural
controls.

Often get
outbreaks of other
pests
Reduces disruption
of natural enemies

Pesticides can be
used (only used as
last resort).

Must have knowledge of
pesticides and their effects
on other organisms.

Labor is only for
spraying

Extra work in
cleanup

Staff becomes more
knowledgeable of
pests and injury
symptoms
Labor is required for
monitoring and regular
scouting

Training is required to
identify pests and natural
enemies.

Not much preparation
or follow-up needed
Need a PCA
recommendation
Pest management
is more organized
Must maintain a record-
keeping system.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 76 Pesticide safety
issues for
applicators, public,
animals

More pesticides in
environment

Contamination of
water bodies from
runoff

Less exposure to
pesticides

Safer to the
environment

Reduces
contamination from
runoff

Pesticides should not be applied until pests are approaching damaging levels. Because this requires early detection of the pests, monitoring on a regular basis is extremely important and should also be used to determine if natural enemies are present and adequately controlling the pest. If possible, a person should be trained and assigned to scout the sites on a regular basis.

Components of an IPM Program

An IPM program is a long-term, multi-faceted system to manage pests (Figure 1). Use of pesticides is a short-term solution to pest problems and should be used only when the other components fail to maintain the pests or their damage below an acceptable level. Successful IPM practitioners are knowledgeable about the biology of the plants and pests and successful IPM programs primarily use combinations of cultural practices as well as a combination of physical, mechanical and biological controls.

Pest Identification

It is important to learn to identify all stages of common pests at each site. For example, if you can identify weed seedlings, you can control them before they become larger and more difficult to control and before they flower, disseminating seeds throughout the site. It is also important to be sure that a pest is actually causing the problem. Often damage such as wilting is attributed to root disease but may actually be caused by under watering or wind damage.

Prevention

Good pest prevention practices are critical to any IPM program, and can be very effective in reducing pest incidence. Numerous practices can be used to prevent pest incidence and reduce pest population Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 77 buildup such as the use of resistant varieties, good sanitary practices and proper plant culture. Examples of prevention include choosing an appropriate location for planting, making sure the root system is able to grow adequately and selecting plants that are compatible with the site’s environment.

Monitoring

The basis of IPM is the development and use of a regular monitoring or scouting program. Monitoring involves examining plants and surrounding areas for pests, examining tools such as sticky traps for insect pests and quantitatively or qualitatively measuring the pest population size or injury. This information can be used to determine if pest populations are increasing, decreasing, or staying the same and to determine when to use a control tactic. Weather and other environmental conditions may also play a factor in whether a pest outbreak may occur so it is important to monitor temperature and soil moisture as well.

It is important to use a systematic approach when monitoring, for example you should examine leaves of a similar age each time you check for pests, rather than looking at the older leaves on some plants and younger ones on others. Randomly looking at a plant and its leaves does not allow you to track changes in pest population or damage over time.

It is important to establish and maintain a record-keeping system to evaluate and improve your IPM program. Records should include information such as date of examination, pests found, size and extent of the infestation, location of the infestation, control options utilized, effectiveness of the control options, labor and material costs.

Injury Levels and Action Thresholds

In order to have a way to determine when a control measure should be taken, injury levels and action thresholds must be set for each pest. An injury level is the level of unacceptable damage. For example, the injury level for a leaf-feeding beetle may be set at 30% of the leaves being damaged. Action thresholds are the set of conditions required to trigger a control action. An example of this would be finding an average of 5 or more beetles on 10 shrubs in a location. Action thresholds are set from previous experience or published recommendations and based on expected injury levels. Injury levels are often set by the public’s comments.

Pest Control Tactics

Integrated pest management programs use a variety of pest control tactics in a compatible manner that minimizes adverse effects to the environment. A combination of several control tactics is usually more Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 78 effective in minimizing pest damage than any single control method. The type of control that an agency selects will likely vary on a case-by-case basis due to the varying site conditions.

The primary pest control tactics to choose from include:
 Cultural
 Mechanical/Physical
 Biological
 Pesticide

Cultural Controls

Cultural controls are modifications of normal plant care activities that reduce or prevent pests. In addition to those methods used in the pest preventions, other cultural control methods include adjusting the frequency and amount of irrigation, fertilization, and mowing height. For example, spider mite infestations are worse on water-stressed plants, over-fertilization may cause succulent growth which then encourages aphids, too low of a mowing height may thin turf and allow weeds to become established.

Mechanical/Physical Controls

Mechanical control tactics involve the use of manual labor and machinery to reduce or eliminate pest problems using methods such as handpicking, physical barriers, or machinery to reduce pest abundance indirectly. Examples include hand-pulling or hoeing and applying mulch to control weeds, using trap boards for snails and slugs, and use of traps for gophers.

The use of physical manipulations that indirectly control or prevent pests by altering temperature, light, and humidity can be effective in controlling pests. Although in outdoor situations these tactics are difficult to use for most pests, they can be effective in controlling birds and mammals if their habitat can be modified such that they do not choose to live or roost in the area. Examples include removing garbage in a timely manner and using netting or wire to prevent bird from roosting.

Biological Controls

Biological control practices use living organisms to reduce pest populations. These organisms are often also referred to as beneficials, natural enemies or biocontrols. They act to keep pest populations low enough to prevent significant economic damage. Biocontrols include pathogens, parasites, predators, competitive species, and antagonistic organisms. Beneficial organisms can occur naturally or can be purchased and released.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 79 The most common organisms used for biological control in landscapes are predators, parasites, pathogens and herbivores.
 Predators are organisms that eat their prey (e.g. Ladybugs).

 Parasites spend part or all of their life cycle associated with their host. Common parasites lay their eggs in or on their host and then the eggs hatch, the larvae feed on the host, killing it (e.g. Tiny stingless wasps for aphids and whiteflies).

 Pathogens are microscopic organisms, such as bacteria, viruses, and fungi that cause diseases in pest insects, mites, nematodes, or weeds (e.g. Bacillus thuringiensis or BT).

 Herbivores are insects or animals that feed on plants. These are effective for weed control. Biocontrols for weeds eat seeds, leaves, or tunnel into plant stems (e.g. goats and some seed and stem borers).

In order to conserve naturally occurring beneficials, broad-spectrum pesticides should not be used since the use of these types of pesticides may result in secondary pest outbreak due to the mortality of natural enemies that may be keeping other pests under control (Figure 2).

Figure 2
Example of Secondary Pest Outbreak
Caused By Use of a Broad Spectrum Insecticide
A. Aphids and mites controlled by predators
B. After a broad spectrum spray for aphids, predators for mites and aphids are also killed, resulting in an outbreak of mites.

Pesticide Controls

Any substance used for defoliating plants, regulating plant growth or preventing, destroying, repelling or mitigating any pest, is a pesticide. Insecticides, miticides, herbicides, fungicides, rodenticides and molluscides are all pesticides. Anything with an EPA or DPR registration number on the label is a non- exempt pesticide.

Pesticides should only be used when other methods fail to provide adequate control of pests and just before pest populations cause unacceptable damage. The overuse of pesticides can cause beneficial organisms to be killed and pest resistance to develop. When pesticides must be used, considerations should be made for how to use them most successfully. Avoid pesticides that are broad-spectrum and relatively persistent since these are the ones that can cause the most environmental damage and Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 80 increase the likelihood of pesticide resistance. Always choose the most specific but least toxic to non- target organisms method.

In addition, considerations should be given to the proximity to water bodies, irrigation schedules, weather (rain or wind), etc. that are secondary factors that may result in the pesticide being moved off- site into the environment. Consideration should be made of the temporary loss of use of an area (application in a park may result in the area being sectioned off)

IMPLEMENTION GUIDELINES:

Designated IPM Coordinator or IPM Contact Information in Box Below:

Michael McConaha
Public Works Maintenance Manager
City of Lake Forest
949-461-3575

Personnel responsible for the care and maintenance of facilities under the above-mentioned jurisdiction agree to implement a suite of basic integrated pest management procedures selected from the following five main components of an IPM program:

I) Prevention
II) Pest and Symptom Identification
III) Monitoring for Pests and Problems
IV) Action Thresholds and Guidelines
V) Selection of Appropriate Management Methods (Control Tactics)

The procedures seek to increase the long -term prevention and suppression of pest problems (insects, weeds, diseases, and vertebrates) with the minimum impact on human health, the environment, and non- target organisms. Emphasis is placed on improving cultural p ractices to prevent problems and utilizing alternative control measures instead of broad spectrum pesticides.

Information on the latest IPM information including management of new pests in the landscape is obtained from local UC Cooperative Extension Advis ors, UC IPM Regional Advisor, or the Statewide UC IPM Web Site at www.ipm.ucdavis.edu.

I. PREVENTION
A. Landscape Design Procedures (a minimum of three must be selected) Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 81 Drainage, soil characteristics, water quality and availability are considered during plant selection.

Sun exposure, heat, and high temperature conditions are considered during plant selection.

Adequate space is allowed for root growth, especially trees.

Nursery stock is inspected and rejected if not healthy (injuries, diseased, circling roots/potbound, poor staking and/or pruning).

Pest resistant species and cultivars are selected.

Plants with similar growth characteristics and irrigation requirements are grouped together.

Landscape design matches available irrigation technology to avoid excess water use and to minimize surface runoff.

B. Site Preparation and Planting Procedures (a minimum of three must be selected) Assess soil drainage properties and improve compacted soils prior to planting.

Conduct a soil analysis to determine chemical and physical properties of the existing soil and then add appropriate amendments such as organic matter.

Ensure irrigation is installed as designed in order to avoid poor uniformity once plants are in place.

Follow proper planting procedures for particular plant species to avoid planting too deeply or too shallow.

Nursery tree stakes are removed at planting and replaced wi th staking that allows trunk to flex; removing these stakes after 1 to 1.5 years.

Utilize a soil probe or other soil moisture measurement device to monitor soil moisture levels in existing root ball and surrounding soil during establishment period.

C. Water Management (a minimum of three must be selected) Plants are examined weekly for symptoms of water stress and to assist in determining irrigation scheduling.

Monitor soil moisture with a soil probe or soil moisture sensors to assist in scheduling irrigation.

Utilize evapotranspiration (ET) data or ‘smart’ clock technology to schedule irrigation.

Cyclic irrigation (short-multiple run times) is employed to minimize surface runoff.

Utilize low precipitation sprinklers or low-volume systems to reduce surface runoff.

Systems are inspected monthly to check for leaks, broken pipes, and clogged or broken sprinkler heads.

Adjust sprinklers to avoid application of water directly to the trunk of trees (can promote diseas e) or on to concrete surfaces where it can enter storm drains.

Establish a hotline or email or other dedicated method where citizens can report leaks and broken sprinkler heads
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 82 D. Fertilizing Procedures (a minimum of three must be selected) Fertilize only when plants are actively growing to avoid nutrient losses below the root zone.

Fertilizer is not applied within 48 hours of a rain event to avoid losses below the root zone and in surface runoff.

Soil analyses are conducted in order to determine existing nutrient levels in the soil prior to fertilizing.

Turf grass fertilizer maintenance schedules are based on UC recommendations found online at UC Guide for Healthy Lawns.
http://www.ipm.ucdavis.edu/TOOLS/TURF/MAINTAIN/fertilize.html Sports turf grass fertilizer maintenance guidelines are based on UC recommendations found in Establishing and Maintaining the Natural Turf Athletic Field (UCR ANR Publication Number:
21617).

Overfertilization, especially of trees and shrubs, is avoided to ensure plant growth is not excessively succulent making it more susceptible to pest infestations.

Off-target fertilizer applications or spills are cleaned up immediately by sweeping up and applying to landscape or turf or replacing in spreader or bag to ensure material does not enter storm drains.

E. Pruning Procedures (a minimum of three must be selected) Damaged or diseased wood is regularly pruned from landscape plants.

Trees are pruned according to standards set forth by a professional tree care organization such as the International Society of Arboriculture.

Replace plants too large for a space instead of pruning them severely.

Unnecessary pruning is avoided as wounds are entry sites for decay and disease organisms.

The age and species of the plant is taken into account when determining the time of year to prune.

For example, eucalyptus should be pruned in December and January when long -horned beetles are not active.

Tree height reduction is discouraged. When deemed necessary by a licensed arborist, the crown reduction method approved by a professional tree care o rganization is utilized. Topping is never done to reduce tree size. NO TOPPING OR 'HAT RACKING' IS PERMITTED.

II. PEST AND SYMPTOM IDENTIFICATION
A. Insects, Mites, and Snails and Slugs (a minimum of three must be selected) Field personnel are trained to recognize basic pests found in the landscape in the following groups:
insects, mites, and mollusks.

A licensed Pest Control Adviser is on staff or hired to properly identify a pest and the symptoms caused by the pest.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 83 Field personnel are trained to utilize disease life cycles to apply treatments when the organism can be controlled most effectively.

Field personnel are trained to distinguish between beneficial insects and actual pests found in the landscape (e.g. parasitizing wasps).

Unknown samples are submitted to the Orange County Agricultural Commissioner for identification by the county entomologist or plant pathologist.

Abiotic or nonliving factors (wind, sunburn, air pollution, etc…) are considered as possible causes of observed symptoms as well as biotic (living) factors.

B. Weeds (a minimum of one must be selected)
Field personnel are trained to identify common weeds in the landscape.

Field personnel are trained to utilize weed life cycles to prop erly control weeds such as controlling crabgrass utilizing a pre-emergent herbicide applied in mid-January.

A licensed Pest Control Adviser is on staff or contracted to properly identify the pest.

C. Diseases (a minimum of one must be selected)
Field personnel are trained to recognize common diseases or their signs/symptoms in the landscape.

Field personnel are trained to utilize disease life cycles to apply treatments when the organism can be controlled most effectively.

Field personnel are trained to recognize the difference between biotic and abiotic problems.

Field personnel are trained to understand how common diseases are spread throughout the landscape.

Disease signs and symptoms are sampled and submitted to th e Orange County Agricultural Commissioner for identification by the county plant pathologist.

A licensed Pest Control Adviser is on staff or contracted to properly identify the pest.

Photographs of disease signs and symptoms are taken and compa red to reference guides such as UC IPM’s Pests of Landscape Trees and Shrubs.

D. Vertebrates (a minimum of one must be selected)
Field personnel are trained to recognize vertebrate pests and the damage they cause in the landscape.

Field personnel are trained to utilize vertebrate behavior to properly control the pest most effectively.

At least one field staff member is trained in vertebrate baiting and trapping.

A licensed Pest Control Adviser is on staff or contracted to properly identify vertebrate pest.

III. MONITORING FOR PESTS AND PROBLEMS
A. Insect/Mollusk Monitoring Procedures (a minimum of three must be selected) Visually inspect plants for insects, mites, snail and slug damage at least monthly; recording results utilizing a method conducive to tracking changes and easy recall of data.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 84 Yellow sticky traps are utilized to assess populations of insects.

Insects are dislodged from plants by shaking over a collection surface usually consisting of a clipboard with a white sheet of paper.

If available for a particular insect, phermone-baited traps are utilized.

Soil-dwelling turf insects are brought to the surface for monitoring by flushing a specific area of soil (i.e. 2’ x 2’ grid) with plain water or a soapy water mixture.

The amount of honeydew (aphids) and frass (caterpillars) present is utilized as an indicator of population levels.

B. Weed Monitoring Procedures (a minimum of two must be selected) Landscapes are inspected at least 4 times a year (early winter, early spring, summer and early fall) for weeds in order to determine if and when a weed problem exists.

Utilize site surveys to record the location, date, and severity of weed problem; recording results utilizing a method conducive to tracking changes and easy recall of data.

Count and record the number of weeds encountered at periodic intervals (e.g. every 1 to 2 feet) along a straight line transecting a landscapes area or within a selected area, for example 4 sq. ft. samples done in random places in a bed or turf area.

C. Disease Monitoring Procedures (a minimum of two must be selected) Landscapes are regularly checked for conditions, such as overwatering and injuries, which promote disease.

Landscapes are checked monthly, at a minimum, for disease symptoms and signs. Disease prone plants are checked more frequently.

Records are kept utilizing a method conducive to tracking changes and easy recall of data of each landscape inspection noting, date w hen disease signs and symptoms were first noticed and the current environmental conditions and soil moisture levels.

D. Vertebrate Monitoring Procedures (a minimum of two must be selected) Landscapes are regularly inspected for vertebrate presence either by damage caused by animal, actual animal sightings, and/or droppings.

Records are kept of the absence or presence of actual vertebrates, the damage caused, and/or the presence or absence of droppings.

Maps are created and updated at least twice a year, recording area of high vertebrate damage or signs (such as gopher mounds).

IV. ACTION THRESHOLDS AND GUIDELINES
A. Insect/Mollusk Thresholds and Guidelines (a minimum of one must be selected) Insect tolerance levels are established based on the public’s acceptance of damage to the landscape or a certain level of nuisance pests (i.e. ants), the actual plant species in the landscape, and long- term monitoring and knowledge of pests causing the damage.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 85 Thresholds are based on l evels were reasonable control of the pest can be achieved with minimum impact on the environment.

Insect monitoring records are utilized to establish threshold levels for the implementation of control strategies. For example, the threshold for the pr esence of aphids on a rose garden at City Hall is low, while in a native shrub border it might be considerably higher.

B. Weed Thresholds and Guidelines (a minimum of one must be selected) Weed tolerance levels are established based on public safety or the public’s acceptance and the resources available to manage the landscape at that level.

Weed monitoring records are utilized to rank the percentage of the landscape area infested (none, light, moderate, heavy, or very heavy) with weeds.

Public areas are ranked according to high, medium, or low level of weed control and management conducted according to levels set for each rank (see Appendix A) C. Disease Thresholds and Guidelines (a minimum of one must be selected) Disease tolerance levels are established based on the public’s acceptance and the resources available to manage the landscape at the level required.

Disease monitoring records are utilized to establish threshold levels for the implementation of control strategies. For example, the threshold for the presence of powdery mildew on roses at City Hall is much lower than the threshold for its presence on Euonymus in a parking lot at a city sports park.

D. Vertebrate Thresholds and Guidelines (a minimum of one must be selected) Vertebrate tolerance levels are established based on public safety, the public’s acceptance and the resources available to manage the landscape at the level required.

Vertebrate monitoring records are utilized to establish threshold levels f or the implementation of control strategies. For example, the threshold for the presence of gopher mounds in a sport field is zero, while in a native shrub border it might be two before a trapping strategy is implemented.

V. SELECTION OF APPROPRIATE MANAGEMENT METHODS
A. Insect/Mollusk Management Methods
Cultural/Mechanical/Physical Control Methods (a minimum of three methods must be selected) Sticky barriers are applied to trunks of trees and large shrubs to prevent ants and other wingless invertebrates from plant canopies.

Small insect infestations are removed by pruning infested plant parts.

Copper bands are installed around base of trees or planting areas where snail and slug infestations are prevalent.

Plant canopies are thinned to increase light penetration to exposure certain soft-bodied insects (soft- scale) as well as snails and slugs to heat.

Strong streams of water are used to dislodge insects such as aphids and whiteflies, from leaves.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 86 Avoid use of plants that snails and slugs use for shelter.

Avoid irrigating between 5pm and 5am when moisture remains on plant material for several hours.

Biological Control Methods (a minimum of one method must be selected) Persistent broad-spectrum pesticides are avoided, especially if biological control of an insect has been established by UC researchers. Examples include parasitoid wasps controlling Eugenia Psyllids, Giant Whitefly, and Ash Whitefly.

Natural predators (beneficial insects) are augme nted with purchases of additional predators from commercially available resources.

Pesticide Control Methods (a minimum of five methods from must be selected) The most selective, rather than broad-spectrum, pesticide is used If available for controlling a particular insect, biological and botanical pesticides are selected Insecticidal soaps are utilized to control infestations of soft-bodied insects such as aphids, thrips, and immature scales.

Horticultural oils (neem oil and narrow -range refined oils) are utilized to control infestations of soft - bodied immature and adult insects such as aphids, scales, and whiteflies.

Pesticides are only utilized when the potential for impacts to the environment, especially water quality, are minimized.

Equipment is calibrated prior to the application of the insecticide to avoid excess material being applied to the landscape environment.

Applicators are trained to not apply pesticides to hard surfaces and to not allow any pesticide to enter the storm drain system
Spot treatments are utilized rather than broadcast methods Insecticide/fertilizer combinations are only used if appropriate timing for BOTH the insecticide application and the fertilizer application.

B. Weed Management Methods
Cultural, Mechanical, and Physical Control Methods (a minimum of three methods must be selected) Timers are set to avoid overwatering as weeds establish in areas where soil moisture is excessive.

Drainage is managed to avoid wet areas.

Weeds are removed from a site prior to planting.

Mower height is adjusted to turf species and time of year.

Mower is washed after mowing a weedy site.

Hand-pulling, mowing, trimmers/brushcutters, flaming, hoeing, and rototill ing around landscape plants are the main methods utilized to control annual weeds and young perennial weeds.

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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 87 Soil solarization is utilized to control some annual and perennial weed species.

Bare soil areas are covered with a thick layer of mulch to suppress weeds and conserve soil moisture.

Soil, mulch, and plant material is weed-free before it is introduced into the landscape.

Pesticide Control Methods (a minimum of three methods must be selected) Spot treatments are utilized rather than broadcast methods.

Herbicide/fertilizer combinations are only used if appropriate timing for BOTH the herbicide application and the fertilizer application.

Herbicides are utilized according to established thresholds (see Appendix A).

Organically acceptable herbicides (shown to be effective through science -based research) are used where appropriate.

Herbicides are applied to the stage of weed growth most susceptible to the chemical.

Equipment is calibrated prior to the application of the herbicide to avoid excess material being applied to the landscape environment.

C. Disease Management Methods
Cultural, Mechanical, and Physical Control Methods (a minimum of three methods must be selected) Prune out and dispose of localized areas of diseased plants.

Pathogen-infested plant parts are removed from the soil surface area to reduce certain pathogens (e.g.

Camellia Petal Blight).

Pruning tools are sterilized (e.g. a diluted bleach solution) between plants to prevent the spread of pathogen to other plants.

Proper irrigation and fertilization are maintained to prevent plant stress, water -logging, and subsequent susceptibility to disease.

Soil solarization is utilized to control soil pathogens in annual beds where it is most effective.

Mulch is kept at least 6” from base of plants to avoid excessive moisture around crown possibly resulting in crown rots and is no deeper than 4”
Replace disease-prone plants with non-susceptible species.

Pesticide Control Methods (a minimum of two methods must be selected) Preventative fungicides and bactericides are only used where diseases can be predicted from environmental conditions and applied prior to infection or the appearance of symptoms.

Synthetic fungicides are used sparingly in the landscape and only in high visibility areas in order to minimize development of resistance.

Organic fungicides and bactericides are utilized in combination with cultural, mechanical, and physical control methods in order to improve their effectiveness.

Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 88 Copper-based fungicides are only utilized in situations where its entry into surface runoff and storm drains is virtually impossible and after consultation with PCA and IPM coordinator.

Mycopesticides, commercially available beneficial microorganisms, are used where appropriate.

Fungicides classes are rotated to avoid resistance.

D. Vertebrate Management Methods
Cultural and Physical Control Methods (a minimum of two methods must be selected) Groundcovers are maintained such that they do not harbor rats.

Shrubs pruned at least 1 foot from the ground (rats).

Sources of drinking water removed (leaky faucets, puddles).

Trash cans have lids and are emptied daily (rats).

Screens or other barriers installed under structures that have a space between soil and floor (rabbits).

Habitat modification, based on pest biology is used to reduce shelter.

Trapping is used for gophers when safe and practical.

Kill traps used for ground squirrels and rabbits, are checked daily, and in places not accessible by children or non-target animals.

Gas cartridges are used for ground squirrels according to UC recommendations.

Pesticide Control Methods (a minimum of two methods must be selected) Anti-coagulant baits are used and applied according to label and UC recommendations.

Bait is applied in a manner that non-target animals do not access to it.

Restricted use rodenticides, aluminum or zinc phosp hide, are used only after applicator has been trained for that product or only by a wildlife management contractor.

VI. GENERAL PESTICIDE MANAGEMENT PRACTICES
(all practices listed below must be selected)
Restricted use pesticides are only used when no other alternatives are practical.

If pesticides are necessary, CAUTION-labeled pesticides are considered before more toxic alternatives.

Only small quantities of pesticides are purchased eliminating the need for stockpiling.

MSDSs are regularly updated to reflect new pesticides or label changes to pesticides in storage.

Appendix A
Ranking public areas for weeds (or other pest) management:

Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 89 Areas ranked as HIGH may include areas that the public sees and expects to be well-maintained. Examples are entrances to public buildings such as city hall and libraries.

These areas are allowed to use pesticides based on established thresholds.

Areas ranked as MEDIUM may include areas the public sees but does not expect a high level of maintenance. Examples are landscaped areas away from the entrance, recreational and picnic areas. These areas can tolerate a higher lever of weeds.

These areas are allowed to use pesticides but the threshold is much higher and pesticides are used infrequently and only after consultation with IPM coordinator.

Areas ranked as LOW may include areas the public rarely sees or does not expect a high level of maintenance. Examples are me dians, landscaped areas in parking lots, wildlands. These areas can tolerate a higher lever of weeds.

These areas are not allowed to use pesticides except in extreme cases and only after consultation with IPM coordinator.

Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 90 6. EXHIBIT "B" - SCHEDULE OF SERVICES

6.1. EXHIBIT "B" - SCHEDULE OF SERVICES
Service Frequenc
y
Baker
Ranch
Communit
y Park
Borreg
o Park
Foothill
Ranch
Communit
y Park
Heroe
s Park
Portol
a Park
Rancho
Serran
o Park
Rimgat
e Park
Regenc
y Park
Tamaris
k Park
General/Dail
y
Maintenance
Daily X X X X X X X X X
Weed
Control
Weekly X X X X X X X X X
Turf Grass
Maintenance
Weekly X X X X X X X X X
Landscape
Maintenance
Weekly X X X X X X X X X
Pest/Rodent
Control
Monthly X X X X X X X X X
Fertilization Monthly X X X X X X X X X
Irrigation
System
Maintenance
Weekly X X X X X X X X X
Infield
Maintenance
As
Needed

X X X X X X
Wood Fiber
Playground
Chips
As
Needed

X X X X
Park
Restroom
Janitorial
Services
Daily X X X X X X X
Dog Park
Maintenance
Daily X

Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 91 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 FOUR MILLION THREE HUNDRED SIXTY- FOUR THOUSAND ONE HUNDRED THIRTEEN DOLLARS AND FIVE CENTS($4,364,113.05) and based on the following schedule.

Description Quantity
Unit of
Measure Unit Cost Total $
Borrego Park
General/Daily Maintenance 365 Daily $61.02 $22,272.30
Weed Control 52 Weekly $140.93 $7,328.36
Turf Grass Maintenance 52 Weekly $668.36 $34,754.72
Landscape Maintenance 52 Weekly $408.27 $21,230.04
Pest/Rodent Control 12 Monthly $445.20 $5,342.40
Fertilization 12 Monthly $527.95 $6,335.40
Irrigation System Maintenance 52 Weekly $160.02 $8,321.04 Infield Maintenance 1 Lump Sum $8,225.64 $8,225.64
Wood Fiber Playground Chips 150 Cubic Yards $28.36 $4,254.00 Subtotal: $118,063.90
Baker Ranch Community Park
General/Daily Maintenance 365 Daily $69.96 $25,535.40
Weed Control 52 Weekly $156.85 $8,156.20
Turf Grass Maintenance 52 Weekly $825.20 $42,910.40
Landscape Maintenance 52 Weekly $468.75 $24,375.00
Pest/Rodent Control 12 Monthly $583.12 $6,997.44
Irrigation System Maintenance 52 Weekly $201.40 $10,472.80 Fertilization 12 Monthly $486.57 $5,838.84
Infield Maintenance 1 Lump Sum $10,472.61 $10,472.61
Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 92 Subtotal: $134,758.69
Foothill Ranch Community Park
General/Daily Maintenance 365 Daily $97.15 $35,459.75
Weed Control 52 Weekly $204.58 $10,638.16
Turf Grass Maintenance 52 Weekly $1,159.38 $60,287.76
Landscape Maintenance 52 Weekly $650.15 $33,807.80
Pest/Rodent Control 12 Monthly $610.70 $7,328.40
Fertilization 12 Monthly $748.62 $8,983.44
Irrigation System Maintenance 52 Weekly $236.40 $12,292.80 Infield Maintenance 1 Lump Sum $14,899.18 $14,899.18
Wood Fiber Playground Chips 300 Cubic Yards $28.36 $8,508.00 Subtotal: $192,205.29
Heroes Park
General/Daily Maintenance 365 Daily $63.14 $23,046.10
Weed Control 52 Weekly $144.90 $7,534.80
Turf Grass Maintenance 52 Weekly $741.65 $38,565.80
Landscape Maintenance 52 Weekly $423.20 $22,006.40
Pest/Rodent Control 12 Monthly $455.54 $5,466.48
Fertilization 12 Monthly $541.75 $6,501.00
Irrigation System Maintenance 52 Weekly $164.79 $8,569.08 Infield Maintenance 1 Lump Sum $10,652.37 $10,652.37
Subtotal: $122,342.03
Portola Park
General/Daily Maintenance 365 Daily $22.76 $8,307.40
Weed Control 52 Weekly $118.41 $6,157.32
Turf Grass Maintenance 52 Weekly $32.89 $1,710.28
Landscape Maintenance 52 Weekly $127.64 $6,637.28
Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 93 Pest/Rodent Control 12 Monthly $335.06 $4,020.72
Fertilization 12 Monthly $169.38 $2,032.56
Irrigation System Maintenance 52 Weekly $88.17 $4,584.84 Dog Park Maintenance 365 Daily $16.38 $5,978.70
Subtotal: $39,429.10
Rancho Serrano Park
General/Daily Maintenance 365 Daily $47.29 $17,260.85
Weed Control 52 Weekly $131.38 $6,831.76
Turf Grass Maintenance 52 Weekly $546.73 $28,429.96
Landscape Maintenance 52 Weekly $389.18 $20,237.36
Pest/Rodent Control 12 Monthly $510.80 $6,129.60
Fertilization 12 Monthly $445.21 $5,342.52
Irrigation System Maintenance 52 Weekly $176.01 $9,152.52 Subtotal: $93,384.57
Rimgate Park
General/Daily Maintenance 365 Daily $42.75 $15,603.75
Weed Control 52 Weekly $109.11 $5,673.72
Turf Grass Maintenance 52 Weekly $491.03 $25,533.56
Landscape Maintenance 52 Weekly $350.98 $18,250.96
Pest/Rodent Control 12 Monthly $472.79 $5,673.48
Fertilization 12 Monthly $417.62 $5,011.44
Irrigation System Maintenance 52 Weekly $166.36 $8,650.72 Wood Fiber Chips 300 Cubic Yards $28.36 $8,508.00
Subtotal: $92,905.63
Regency Park
General/Daily Maintenance 365 Daily $74.49 $27,188.85
Weed Control 52 Weekly $164.81 $8,570.12
Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 94 Turf Grass Maintenance 52 Weekly $880.90 $45,806.80
Landscape Maintenance 52 Weekly $618.34 $32,153.68
Pest/Rodent Control 12 Monthly $722.02 $8,664.24
Fertilization 12 Monthly $618.59 $7,423.08
Irrigation System Maintenance 52 Weekly $212.53 $11,051.56 Infield Maintenance 1 Lump Sum $2,178.66 $2,178.66
Subtotal: $143,036.99
Tamarisk Park
General/Daily Maintenance 365 Daily $49.81 $18,180.65
Weed Control 52 Weekly $145.53 $7,567.56
Turf Grass Maintenance 52 Weekly $576.38 $29,971.76
Landscape Maintenance 52 Weekly $342.06 $17,787.12
Pest/Rodent Control 12 Monthly $434.12 $5,209.44
Fertilization 12 Monthly $466.88 $5,602.56
Irrigation System Maintenance 52 Weekly $128.67 $6,690.84 Infield Maintenance 1 Lump Sum $5,797.91 $5,797.91
Wood Fiber Playground Chips 300 Cubic Yards $28.36 $8,508.00 Subtotal: $105,315.84
Park Restroom Janitorial Services
Baker Ranch Sports Park 365 Daily $21.56 $7,869.40
Borrego Park 365 Daily $22.66 $8,270.90
Foothill Ranch Community Park 365 Daily $20.58 $7,511.70 Heroes Park 365 Daily $15.65 $5,712.25
Portola Park 365 Daily $12.71 $4,639.15
Rimgate Park 365 Daily $21.56 $7,869.40
Tamarisk Park 365 Daily $22.16 $8,088.40
Extra On-Call Restroom Cleaning Services 20 Each $335.12 $6,702.40 Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 95 Subtotal: $56,663.60
Irrigation System Repairs
Rainbird 5000 Plus SS 400 Each $24.04 $9,616.00
Rainbird 5006 SS 500 Each $32.84 $16,420.00
Rainbird 8005 SS Potable 100 Each $73.37 $7,337.00
Rainbird 8005 SS Recycle 400 Each $78.32 $31,328.00
Hunter I-40-SS-06-Recycle 200 Each $82.92 $16,584.00
1" Brass Ball Valve Full Port 6 Each $56.22 $337.32
Rainbird PRS-Dial 40 Each $57.75 $2,310.00
Hunter 1/2" Check Valve 200 Each $4.58 $916.00
Hunter 3/4" Check Valve 200 Each $5.19 $1,038.00
Rainbird XFSP-06-12-500 4 Each $245.85 $983.40
Griswold 3" 2230 Epoxy Coating Recycle
Master Valve 2 Each $1,062.55 $2,125.10
Rainbird RD1812 SAM PRS 250 Each $20.76 $5,190.00
Rainbird RD1806 SAM PRS 450 Each $17.13 $7,708.50
Rainbird 1" RCV EFB-CP 12 Each $155.27 $1,863.24
Rainbird 1 1/2" RCV EFB-CP 20 Each $212.89 $4,257.80
Rainbird 2" RCV EFB-CP 18 Each $252.42 $4,543.56
Rainbird 3/4" QCV 13 Each $66.80 $868.40
Rainbird 1" QCV 6 Each $103.78 $622.68
Rainbird 1" Diaphragm EFB-CP 21 Each $33.40 $701.40
Rainbird 1 1/2" Diaphragm EFB-CP 16 Each $57.35 $917.60 Rainbird 2" Diaphragm EFB-CP 4 Each $76.26 $305.04
Rainbird RCV Solenoid B 30 Each $40.65 $1,219.50
Rainbird 1800 Spray Nozzle 300 Each $.83 $249.00
Hunter PGP-12 Ultra 420 Each $23.88 $10,029.60
Hunter PGP-00 Ultra 430 Each $10.59 $4,553.70
Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 96 Hunter MP Rotator Nozzle 170 Each $5.34 $907.80
2" Brass Ball Valve Full Port 10 Each $163.99 $1,639.90 1 1/2" Brass Ball Valve Full Port 6 Each $120.19 $721.14 Rectangular RCV Box w/lid - 11" x 17" 30 Each $22.66 $679.80 Rectangular RCV Box w/lid - Jumbo 5 Each $47.00 $235.00 Round QCV Box w/lid - 10" 20 Each $10.54 $210.80
Round QCV Box w/lid - 6" 7 Each $3.64 $25.48
Annual Required Backflow Testing 10 Each $125.00 $1,250.00 Subtotal: $137,694.76
Plant & Turf Material
Annual Color 65 Each $19.38 $1,259.70
One (1) Gallon Shrub 5000 Each $7.50 $37,500.00
One (1) Gallon Shrub Premium 500 Each $9.00 $4,500.00
Five (5) Gallon Shrub 2999 Each $18.25 $54,731.75
Five (5) Gallon Shrub Premium 500 Each $22.75 $11,375.00 Fifteen (15) Gallon Shrub 15 Each $97.50 $1,462.50
Fifteen (15) Gallon Shrub Premium 10 Each $121.75 $1,217.50 Install Mulch 660 Cubic Yards $15.00 $9,900.00
Rototill 5000 Square Feet $.0875 $437.50
Soil Test 25 Each $125.00 $3,125.00
Mechanical Trenching 200 Linear Feet $1.35 $270.00
Hybrid Bermuda Grass - Turf 50000 Square Feet $1.54 $77,000.00 Subtotal: $202,778.95
Trees
Twenty-Four (24) Inch Box Tree W/Stakes &
Ties 15 Each $400.00 $6,000.00
Thirty-Six (36) Inch Box Tree W/Stakes & Ties 5 Each $1,025.00 $5,125.00 Tree Trimming Per ASA Standards All Sizes 25 Each $100.00 $2,500.00 Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 97 Tree Removal All Sizes 10 Each $250.00 $2,500.00
Subtotal: $16,125.00
Annual Total: $ 1,454,704.35

Total Contract
Amount: $ 4,364,113.05

Supplemental Labor Rates
Position Normal Business Hours Rate Emergency Response/After Hours Rate Landscape Maintenance Supervisor $60.00 $90.00
Landscape Foreman $45.00 $67.50
Irrigation Specialist $55.00 $82.50
Landscape Maintenance Laborer $38.00 $57.00
Pest Control Technician $55.00 $82.50

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: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 98 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.
(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 reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 99 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:
(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 self- insurance maintained by the City, its officials, officers, employees, agents or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

1.1.5 Waiver of Subrogation. All 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, 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 Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 100

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 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 Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Title: Agreement for Lake Forest Citywide Sports Parks Landscape Maintenance Serivces 101

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.

Docusign Envelope ID: E1F31606-CD9A-4750-A83E-8601919D4F3A Item: 10
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Attachment 2
Item: 10
220

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.

Item: 10
221

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 17
th day of December, by
the following vote, to wit:

ATTEST:

MARK TETTEMER
MAYOR

LISA BERGLUND

CITY CLERK

APPROVED AS TO FORM:

MATTHEW RICHARDSON

CITY ATTORNEY

Item: 10
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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 17th Day of December 2024, by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

LISA BERGLUND

CITY CLERK
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EXHIBIT A

AMENDMENT TO 2023-2025

OPERATING BUDGET
FISCAL YEAR 2023-24

APPROPRIATIONS

General Fund Operating Appropriations

Expenditure
Major Program
Area

Current
Budget

Increase
(Decrease)

Amended
Budget
Infrastructure
Maintenance
Services
$12,736,633

$91,000 $12,827,633

Item: 10
224

Attachment 3
Item: 10
225

Contact #1: Contact #2: Contact #4:

Agency: City of La Mirada City of Riverside City of Costa Mesa Contact Info: Marlin Munoz Luis Semeatt George Cortez
(562) 902-2385 (951) 826-5557 (714) 327-7494

QUESTIONS RESPONSE RESPONSE RESPONSE

1. What were the services
performed? MPS & Parks Sports Parks/MPS Park/Sports Parks

2. How would you rate the quality
of work? Good Good Very good

3. Did the firm meet all
deadlines? (Yes/No) Yes Yes Yes

4. Was day-to-day
communication with the firm
satisfactory? (Yes/No)
Yes Yes Yes

5. Were there any issues with
the firm? (Yes/No) (No, please
explain.)
No No No

6. Do you have any additional
comments or information
regarding your experience with
the firm?
Quality of work good. Staff communicates well. None
DATE: 11/25/2024

CITY OF LAKE FOREST

DEPARTMENT OF PUBLIC WORKS
Lake Forest Sports Parks Landscape & Park Maintenance Services

BRIGHTVIEW LANDSCAPE SERVICES REFERENCE CHECK
Item: 10
226

CITY COUNCIL AGENDA REPORT
MEETING DATE: 12/17/2024
DEPARTMENT: City Clerk
SUBJECT:

CONSIDERATION OF APPOINTMENTS TO REGIONAL BOARDS
RECOMMENDED ACTION(S):

1. Appoint Members of the City Council to the seats of Regional Boards.

2. Appoint Council Member Cirbo to the Audit Committee for an additional two- year term.

3. Appoint a representative to the Orange County Fire Authority Board of Directors. Exercise discretion in considering a Resolution entitled: A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST,

CALIFORNIA, DESIGNATING AND APPOINTING ITS REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY’S BOARD OF DIRECTORS.

EXECUTIVE SUMMARY:

Traditionally, City Councilmembers have been appointed to serve on various regional outside committees, boards, commissions, and agencies. Each appointee is responsible for representing the City and voting on behalf of the City Council. This matter is listed on the agenda for the City Council to conduct the annual review and make changes to appointments, if desired. The only exception is if the appointment to the Orange County Fire Authority (“OCFA”) Board changes, the adoption of a resolution is required. Otherwise, the City Council may make appointments to each committee, board, commission, or agency by nomination and minute order confirmation. In addition, the City Council will need to appoint one member of the City Council to serve a two-year appointment on the City’s Audit Committee.

The Fair Political Practices Commission (“FPCC”) regulations require the adoption and posting of Form 806, Agency Report of Public Official Appointments, for individual City Councilmembers to participate in a City Council vote that would result in her or him serving in a position that provides compensation of $250 or more in any 12-month period.

Item: 11
227

BACKGROUND:

The Mayor and City Council represent the City’s interests in regional issues by serving on regional boards that make public policy decisions in the areas of transportation, water resources, fire services, and government facilities. Annually the City Council reviews the appointments and makes recommendations accordingly. The City Council Committee Appointments list is attached for the City Council’s convenience (Attachment 1).

Pursuant to the City Council Travel and Expense Reimbursement Policy, expenses incurred in connection with the performance of official duties at meetings attended as the City Council-designated representative (or City Council designated alternate in the absence of the City Council designated representative), as documented on the City Council Appointments List, are eligible for reimbursement from the City Council travel budget. Additionally, pursuant to FPPC Regulation 18705.5 (Materiality Standard: Economic Interest in Personal Finances), public officials may participate in a City Council vote that would result in her or him serving in a position that provides compensation in the form of stipends, reimbursement, or direct payment of $250 or more in any 12- month period. Regulation 18705.5 specifies, however, that the body making such an appointment(s) must adopt and post a list of the appointments on its website, as provided in Form 806.

DISCUSSION:

The City Council Committee Appointments List documents the various committees and boards to which the City Council has appointed its members.

City Council Audit Committee
In 2020, the City Council adopted the Financial Management and Budgetary Policy, which established an Audit Committee consisting of two City Council Members and the City Manager. The purpose of the Audit Committee is to provide a direct line of communication between the auditor and the City Council.

The City Manager provides quarterly reports to the Audit Committee that compare year-to-date actuals with revenue and expenditure projects.

Currently, the City Council policy states, “Each City Council member serving on the Audit Committee shall serve for a two-year term. The initial term shall be staggered, one Council Member shall serve a one-year term and the other shall serve a two-year term.”
On January 3, 2023, the City Council appointed Council Member Cirbo to the Audit Committee for a two-year term. His appointment expires this month, Item: 11
228

December 2024. On December 19, 2023, Mayor Tettemer was appointed to an additional two-year term. His term will expire in December 2025. Staff recommends the reappointment of Council Member Cirbo to the Audit Committee for a two-year term.

Since the Audit Committee was established, the Audit Committee has focused primarily on the use of American Rescue Plan Act (“ARPA”) funds and the implementation of the City’s Strategic Economic Investment Program (“SEIP”).

The intent of SEIP is to help local businesses offset the economic damage caused by the COVID-19 pandemic through economic support funding programs administrated by the City. The administration of the SEIP program has been complex and has required Audit Committee consideration and direction. To allow for continuity of policy direction, staff recommends Mayor Tettemer and Council Member Cirbo both continue to serve on the Audit Committee.

Orange County Fire Authority
On November 19, 2024, City Manager Rose received a letter from OCFA Board of Directors Chairperson, John O’Neill. Chairperson O’Neill requests that the City Council consider maintaining continuity in representation by reappointing the current seated Director, Mark Tettemer (Attachment 2).

Pursuant to the Joint Powers Agreement (“JPA”) between the City and the Orange County Fire Authority (“OCFA”), the appointment of Directors is to be formalized by a resolution of the City Council only when there is a change in appointment. Should Mayor Tettemer be reappointed to this position, adopting a resolution will not be necessary. Nevertheless, a draft Resolution appointing the City’s representative to the OCFA Board of Directors is attached for the City Council’s consideration (Attachment 3). Following City Council action, the Resolution may be finalized and formatted, with the name of the City’s appointee, and the recorded vote added before the Resolution is presented to the Mayor for signature and forwarded to the OCFA.

Orange County Mosquito and Vector Control District
The District is an independent special district that has been serving the residents of Orange County since 1947. The District is dedicated to controlling rats, mosquitoes, fire ants, and flies. Other activities include surveillance of vectors and vector-borne diseases, public education services, and identification of public health pests submitted by county residents. On December 19, 2023, the City Council appointed Council Member Robert Pequeño to serve a four-year term on the Orange County Mosquito and Vector Control Board. His term will expire on January 1, 2028.

Item: 11
229

Fair Political Practice Commission (”FPPC”) Form 806
Following the finalization of the Appointments List, the City is required to post on the City website FPPC Form 806, identifying:
•Each appointed position receiving compensation in excess of $250 per 12- month period.
•the salary or stipend for each appointed position
•the name of the public official appointed to the position •the name of any public official appointed as an alternate •the term of the appointment.

Lastly, following City Council action, Form 806 will be finalized and posted with the names of the City’s appointees. Staff recommends the City Council exercise discretion in appointing members to regional boards, appoint Council Member Cirbo to the Audit Committee for a two-year term, and authorize the attached Resolution if the City Council desires to appoint a City Council Member other than Mayor Tettemer to serve as a Director for the OCFA.

FISCAL IMPACT:

There is minimal fiscal impact associated with the recommended action.

ATTACHMENTS:

1. City Council Committee Appointments List

2. Letter from Chairperson John O’Neill, Orange County Fire Authority Board

3. Resolution Designating the City’s Representative to OCFA Initiated By: Lisa Berglund, City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 11
230

ATTACHMENT 1
Item: 11
231

CITY OF LAKE FOREST
2024 REGIONAL BOARD REPRESENTATIVES, CITY COUNCIL AD-HOC COMMITTEES

COMMITTEE

DESIGNATED

MEMBER(S) ALTERNATE MEETING DAY/TIME MEETING LOCATION STIPEND/MILEAGE California Joint
Powers
Insurance
Authority (CJPIA)

YU
All Council
Members,
City Manager, &
Risk Manager

Annually
July

CJPIA Office
El Capitan Room
8081 Moody Street, La Palma
$100/mtg + Mileage
Reimbursement
Foothill/Eastern
Transportation
Corridor Agency
(TCA) **

VOIGTS

PEQUEÑO

2nd Thursday of the
Month at 9:30 a.m.

TCA Offices
125 Pacifica
Irvine
$120/mtg.

max. 18 mtgs/qtr;

mileage at IRS rate
Upper Newport
Bay Watershed
Executive
Committee

VOIGTS

Staff
Quarterly, 3rd
Wednesday,
1:30-3:00 p.m.

Irvine Ranch Water District
Offices
15600 Sand Canyon Ave., Irvine
None

Orange County
Fire Authority

TETTEMER

N/A

4th Thursday of the
month
6:00 p.m.

Regional Fire Operations &
Training Center Board Rm.,
One Fire Authority Rd.,
Irvine, CA

$100 per meeting

max $300

FPPC 700 Form required
Orange County
Public Library
Advisory Board

YU

PEQUEÑO

Meets three (3) times a
year
OC Public Library Headquarters
Yosemite Conference Room B,
2nd Floor, 1501 E. Saint Andrew
Place, Santa Ana

None
South Orange
County
Watershed
Management
Area

PEQUEÑO

YU

Semi Annually

Laguna Niguel Council
Chambers 30111 Crown Valley
Prkwy,
Laguna Niguel, CA

None

League of CA
Cities Annual
Conference
YU

PEQUEÑO

Annually in September

Sacramento, CA

Per the City’s Travel Policy
Item: 11
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