Lake Forest City Council
August 19, 2025

3 6
6 0
Staff believe Brightlife’s performance has met or exceeded the Brightlife Agreement’s scope of work relative to the responsibilities associated with seasonal and year-round lighting services. Through the term of the Brightlife Agreement, Brightlife staff have demonstrated their willingness to respond quickly to requests for services and consistently completed all requested work in a professional manner. Brightlife provides excellent customer service and has accommodated the dynamic needs of the City. As required by the City’s Purchasing and Contracting Guidelines, Table 2 below provides an overall summary of Brightlife’s performance over the term of the Brightlife Agreement.

Table 2: Vendor Performance Assessment
Brightlife Designs Performance Assessment
September 15, 2021 – August 19, 2025
Category Rating
Performance Scope of
Services
☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐NA
Timeliness ☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐NA
Budget Performance ☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐NA Customer Service ☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐NA Based on contract performance, staff recommend approving the Second Amendment to the Brightlife Agreement. If approved, the proposed Second Amendment would amend the scope of work to include additional seasonal décor. The Second Amendment would also add $45,555 in compensation to the Brightlife Agreement and extend the term by one year. The Management Services Department prepared the attached Second Amendment, and the City Attorney reviewed and approved it as to form.

FISCAL IMPACT:

The proposed Second Amendment would add $45,555 in compensation to the Brightlife Agreement, which would bring the total compensation amount to $133,240. The 2025-2027 Operating Budget includes sufficient funding to cover the costs of the recommended action.

ATTACHMENTS:

1. Agreement with Brightlife Designs, LLC.

2. First Amendment to Agreement with Brightlife Designs, LLC.

3. Proposed Second Amendment to the Agreement with Brightlife Designs, LLC.

3 6
6 0
Initiated By: Victoria Blethen, Recreation Manager
Submitted By: Sean McGovern, Deputy City Manager
Approved By: Debra Rose, City Manager

Attachment 1

Attachment 2

YEAR- ROUND LIGHTING SERVICES
2021- 066. 1)
City of Lake Forest
100 Civic Center Dr.

Lake Forest, CA 92630
Docusign Envelope ID: 1BB00A88- B384- 40D0- BA2D- F666F111FB01

City of Lake Forest
First Amendment to Professional Consultant Services Agreement Year- Round Lighting Services
I. PARTIES AND DATE. ..............................................................................

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

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

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

V. EXHIBIT " A" SCOPE OF SERVICES ...........................................................

VI. EXHIBIT " C" - COMPENSATION ..............................................................

Docusign Envelope ID: 1BB00A88- B384- 40D0- BA2D- F666F111FB01

Title: Year- Round Lighting Services
3 1. PARTIES AND DATE.

This First Amendment to the Agreement for Professional Consultant Services (" First Amendment") is entered into on the [*** INSERT DAY***] day of [*** INSERT MONTH***], [*** INSERT YEAR***], by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California 92630 (“ City”) and Brightlife Designs LLC, a California Limited Liability Company ( LLC), with its principal place of business at 16351 Gothard St, Ste C, Huntington Beach, CA 92647 (“ Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.” Docusign Envelope ID: 1BB00A88- B384- 40D0- BA2D- F666F111FB01 20246thSeptember

Title: Year- Round Lighting Services
4 2. RECITALS.

2. 1. Agreement
The Parties entered into that certain Agreement for Seasonal and Year Round Lighting Services dated September 29, 2021 "( Agreement").

2. 2. First Amendment
The Parties now desire to amend the Agreement in order to extend the term of the Agreement, expand the scope of services, and increase the total amount of compensation under the Agreement.

Docusign Envelope ID: 1BB00A88- B384- 40D0- BA2D- F666F111FB01

Title: Year- Round Lighting Services
5 3. TERMS.

3. 1. Term.

Section 3.1. 2 of the Agreement is hereby amended in its entirety to read as follows:

The term of this Agreement shall be from September 16, 2021 to September 15, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than one ( 1) additional one- year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3. 2. Compensation.

Section 3.3. 1 of the Agreement is hereby amended in its entirety to read as follows:

Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit C” attached hereto and incorporated herein by reference. The total compensation shall not exceed EIGHTY- SEVEN THOUSAND SIX HUNDRED EIGHTY- FIVE DOLLARS ($ 87, 685) 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. Extra Work.

The Scope of Services as set forth in Exhibit “ A” of the Agreement is hereby amended to include the Services set forth in EXHIBIT " A" SCOPE OF SERVICES to this Amendment, attached hereto and incorporated herein.

3. 4. Remaining Provisions of Agreement.

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

Docusign Envelope ID: 1BB00A88- B384- 40D0- BA2D- F666F111FB01

Title: Year- Round Lighting Services
6 4. SIGNATURES.

4. 1. SIGNATURES.

CITY OF LAKE FOREST Brightlife Designs LLC
By: [ AUTHORIZED CITY SIGNATURE]
Mark Tettemer
Mayor
By: [ VENDOR SIGNATURE 1]
Joe Castro
President
If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:

By: [ CITY CLERK SIGNATURE]
Lisa Burgland
City Clerk
By: [ VENDOR SIGNATURE 2]
Will Gugerty
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]
Docusign Envelope ID: 1BB00A88- B384- 40D0- BA2D- F666F111FB01

Title: Year- Round Lighting Services
7 5. EXHIBIT " A" SCOPE OF SERVICES

5. 1. EXHIBIT " A" SCOPE OF MAINTENANCE SERVICES
Services will focus on Seasonal and Year- Round Lighting and seasonal decorations.

A. Seasonal lighting on trees on El Toro Road from the freeway to Muirlands Boulevard and large wreath decorations on structures located on the corners of El Toro and Rockfield Boulevard Attachment 1).

B. Pre- decorated garland and wreath on the Alton Park monument sign ( Attachment 2).

C. Year- round lighting on the Arbor Structures located on the corners of El Toro and Rockfield Boulevard. ( Attachment 3).

D. Signature tree in the roundabout at the Civic Center Campus ( Attachment 4).

1. Scope for: Seasonal Lighting and Large Wreath decorations.

Time Frame: Turned on the weekend after Thanksgiving 2024 and " live" December/ January; Unplugged January 2, 2025, and removed by the end of January.

Location: El Toro Road and Bridger Road from the freeway to Muirlands Boulevard. Arbor Structures corner of El Toro and Rockfield.

Per the Seasonal Lighting Site Map the contractor will install and maintain lights on trees and the large wreaths on the structures as designated in Attachment 1.

The contractor will work with City of Lake Forest' choice of electricians if needed to complete project.

The contractor will pull an encroachment permit and submit a traffic plan to City staff.

The contractor will coordinate the installation dates and times with the Project Manager.

The Project Manager will be the person in charge of all management and maintenance concerns during the months that the service is rendered.

The contractor shall provide the necessary staff to ensure efficient and timely installation, maintenance, and removal of lights.

The contractor will provide all necessary operating equipment to install, maintain and remove lights.

The contractor shall use LED lights.

Calls for service will be completed within 48 hours of notice.

2. Scope for: Alton Parkway Monument Sign pre- decorated garland and wreath.

Time Frame: Installed the week after Thanksgiving and removed by the end of January 2025.

Location: Alton Parkway median.

Docusign Envelope ID: 1BB00A88- B384- 40D0- BA2D- F666F111FB01

Title: Year- Round Lighting Services
8 The contractor will install and remove pre- decorated on the Alton Parkway Monument sign as designated in Attachment 2.

The contractor will meet with staff to familiarize them with project area and site plan.

The contractor will pull an encroachment permit.

The contractor will coordinate the installation dates and times with the Project Manager.

The Project Manager will be the person in charge of all management and maintenance concerns during the months that the service is rendered.

The contractor shall provide the necessary staff to ensure efficient and timely installation, maintenance, and removal decor.

The contractor will provide all necessary operating equipment to install, maintain and remove lights.

Calls for service will be completed within 48 hours of notice.

3. Scope for: Year- Round Lighting on Arbor Structures
Time Frame: Year Round
Location: El Toro Road and Rockfield Boulevard
Per the Seasonal Lighting Site Map the contractor will install and maintain lights year- round on the Arbor Structures as specified on Attachment 3.

The contractor will provide the Project Manager with a maintenance schedule for the year- round lighting displays.

The Project Manager will be the person in charge of all management and maintenance concerns for the year- round lighting displays.

The contractor shall use LED lights with magnetic adherents for the Arbor.

Calls for service will be completed within 48 hours of notice.

4. Scope for: Year- Round Lighting Large Signature Tree in roundabout with the ability to change colors for a variety of yearly themes via remote control.

Time Frame: Year Round
Location: Lake Forest Civic Center - Roundabout
Per the Civic Center Site Map the contractor will maintain color changing lights on the large signature tree in the roundabout as specified in Attachment 4.

The Project Manager will be the person in charge of all management and maintenance concerns for the year- round lighting displays.

The contractor shall use LED lights for any light strands that may need to be replaced.

Docusign Envelope ID: 1BB00A88- B384- 40D0- BA2D- F666F111FB01

Title: Year- Round Lighting Services
9 6. EXHIBIT " C" - COMPENSATION

6. 1. EXHIBIT " C" - COMPENSATION
Consultant shall be paid for services in accordance with Section 3. 3 of the Agreement and as described above under Exhibit “ A” Scope of Services and the not to exceed fee of EIGHTY- SEVEN THOUSAND SIX HUNDRED EIGHTY- FIVE DOLLARS ($ 87, 685). Compensation shall be paid per the following schedule and terms.

Year 1
El Toro Rd ( Year- Round/ Seasonal $ 16, 470. 00
Civic Center ( Seasonal) $ 2, 000. 00
Civic Center ( Year- Round) $ 8, 000. 00
Year 1 Total $ 26, 470. 00
Year 2
El Toro Rd ( Year- Round/ Seasonal $ 6, 950. 00
Civic Center ( Seasonal) $ 2, 000. 00
Civic Center ( Year- Round) $ 0. 00
Year 2 Total $ 8, 950. 00
Year 3
El Toro Rd ( Year- Round/ Seasonal $ 6, 950. 00
Civic Center ( Seasonal) $ 2, 000. 00
Civic Center ( Year- Round) $ 0. 00
Year 3 Total $ 8, 950. 00
Original Agreement - Total Compensation $ 44, 370. 00
First Amendment - Year 4
Installation/ removal and maintenance of 72 lit trees, wall lighting and large wreaths on the Arbors Structures $
39, 610. 00
Installation/ removal and maintenance of pre- decorated garland and a wreath on the Alton Parkway monument sign $
1, 205. 00
Maintenance of the year- round lighting on the Arbors structures and the signature on the Civic Center campus $
2, 500
First Amendment Total: $ 43, 315. 00
Docusign Envelope ID: 1BB00A88- B384- 40D0- BA2D- F666F111FB01

Title: Year- Round Lighting Services
10 First Amendment - Total Compensation ( Year 1- 4) $ 87, 685. 00 In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles- Long Beach- Anaheim.

Docusign Envelope ID: 1BB00A88- B384- 40D0- BA2D- F666F111FB01

1 Seasonal Lighting Site Map
Attachment 1— Scope pf Work
Area Overview
Swartz Plaza to Muirlands Boulevard
Docusign Envelope ID: 1BB00A88- B384- 40D0- BA2D- F666F111FB01

2 Example of Large Wreath on Arbor Structure
Docusign Envelope ID: 1BB00A88- B384- 40D0- BA2D- F666F111FB01

Alton Parkway Monument Sign
Attachment 2 ~ Scope of Work
Docusign Envelope ID: 1BB00A88- B384- 40D0- BA2D- F666F111FB01

Arbor Structure
Attachment 3 -Scope ofWorkDocusign
Envelope ID: 1BB00A88- B384- 40D0- BA2D- F666F111FB01

Arbor Structure
Docusign Envelope ID: 1BB00A88- B384- 40D0- BA2D- F666F111FB01

Year- Round Signature Tree
Attachment 4— Scope of Work
Docusign Envelope ID: 1BB00A88- B384- 40D0- BA2D- F666F111FB01

Attachment 3

YEAR-ROUND LIGHTING SERVICES
(2021-066.2)

City of Lake Forest
100 Civic Center Dr.

Lake Forest, CA 92630

Docusign Envelope ID: 0B94D565-F122-4021-B249-CB7846D43663

City of Lake Forest
Second Amendment to Professional Consultant Services Agreement Year-Round Lighting Services
I. PARTIES AND DATE. ................................ ................................ ..............

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

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

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

V. EXHIBIT "A" SCOPE OF SERVICES ................................ ...........................

VI. EXHIBIT "C" - COMPENSATION ................................ ..............................

Docusign Envelope ID: 0B94D565-F122-4021-B249-CB7846D43663

Title: Year-Round Lighting Services
3 1. PARTIES AND DATE.

This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***], by and between the City of Lake Forest, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 100 Civic Center Drive, Lake Forest, California 92630 (“City”) and Brightlife Designs LLC, a California Limited Liability Company (LLC), with its principal place of business at 16351 Gothard St, Ste C,, Huntington Beach, CA 92647 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.” Docusign Envelope ID: 0B94D565-F122-4021-B249-CB7846D43663

Title: Year-Round Lighting Services
4 2. RECITALS.

2.1. Agreement
The Parties entered into that certain Agreement for Seasonal and Year Round Lighting Services dated September 29, 2021 (“Agreement”).

2.2. First Amendment
The Parties entered into that certain First Amendment in order to extend the term of the Agreement, expand the scope of services, and increase the total amount of compensation under the Agreement dated September 6, 2024 ("First Amendment").

2.3. Second Amendment
The Parties now desire to amend the Agreement in order to extend the term of the Agreement, expand the scope of services, and increase the total amount of compensation under the Agreement.

Docusign Envelope ID: 0B94D565-F122-4021-B249-CB7846D43663

Title: Year-Round Lighting Services
5 3. TERMS.

3.1. Term.

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

The term of this Agreement shall be from September 16, 2021 to September 15, 2026, unless earlier terminated as provided herein. Contractor 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:

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 ONE HUNDRED THIRTY -THREE THOUSAND TWO HUNDRED AND FORTY DOLLARS ($133,240.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3. Extra Work.

The Scope of Services as set forth in Exhibit “A” of the Agreement is hereby amended to include the Services set forth in EXHIBIT "A" SCOPE OF SERVICES to this Amendment, attached hereto and incorporated herein.

3.4. Remaining Provisions of Agreement.

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

Docusign Envelope ID: 0B94D565-F122-4021-B249-CB7846D43663

Title: Year-Round Lighting Services
6 4. SIGNATURES.

4.1. SIGNATURES.

CITY OF LAKE FOREST Brightlife Designs, LLC
By: [AUTHORIZED CITY SIGNATURE]

Scott Voights
Mayor
By: [VENDOR SIGNATURE 1]

Joe Castro
President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:

By: [CITY CLERK SIGNATURE]

Thy Merrit
Acting City Clerk
By: [VENDOR SIGNATURE 2]

Will Gugerty
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]
Docusign Envelope ID: 0B94D565-F122-4021-B249-CB7846D43663

Title: Year-Round Lighting Services
7 5. EXHIBIT "A" SCOPE OF SERVICES

5.1. EXHIBIT "A" SCOPE OF MAINTENANCE SERVICES
Services will focus on Seasonal and Year-Round Lighting and seasonal decorations.

Original Scope of Services

1. Scope for: Seasonal Lighting Displays
Time Frame: Turned on the weekend after Thanksgiving and “live” December/January; Unplugged January 2 and removed by the end of January.

Location: El Toro Road and Bridger Road from the freeway to Muirlands Boulevard. • Per the Seasonal Lighting Site Map the contractor will install and maintain lights on the structures and trees as designated in Attachment 1 and 2. • Contractor will meet with staff to familiarize them with project area and site plan. • Contractor will work with City of Lake Forest’ choice of electricians if needed to complete project.
• Contractor will pull an encroachment permit and submit a traffic plan to City staff. • The contractor will coordinate the installation dates and times with the Project Manager. • The Project Manager will be the person in charge of all management and maintenance concerns during the months that the service is rendered.
• Contractor shall provide the necessary staff to ensure efficient and timely installation, maintenance, and removal of lights.
• Contractor will provide all necessary operating equipment to install, maintain and remove lights. • Contractor shall use LED lights.
• Contractor shall use LED lights with magnetic adherents for the Arbor, Structures, Bus Shelters and Shade Structures.
• Calls for service will be completed within 48 hours of notice.

2. Scope for: Seasonal lighting on large signature tree Timeframe: Turned on the weekend after Thanksgiving and “live” December/January; Unplugged January 2 and removed by the end of January.

Location: Large signature tree in the roundabout at the Civic Center Complex. • Per the Site Map the contractor will install and maintain lights on large signature tree as designated in Attachment 3.

Docusign Envelope ID: 0B94D565-F122-4021-B249-CB7846D43663

Title: Year-Round Lighting Services
8 • Contractor will meet with staff to familiarize them with project area and site plan. • Contractor will work with City of Lake Forest’ choice of electricians if needed to complete project.
• Contractor will pull an encroachment permit if needed. • The contractor will coordinate the installation dates and times with the Project Manager. • The Project Manager will be the person in charge of all management and maintenance concerns during the months that the service is rendered.
• Contractor shall provide the necessary staff to ensure efficient and timely installation, maintenance, and removal of lights.
• Contractor will provide all necessary operating equipment to install, maintain and remove lights. • Contractor shall use LED lights.
• Contractor may be asked to include a “switch” to be used as part of a tree lighting ceremony. • Calls for service will be completed within 48 hours of notice.

3. Scope for: Year-Round Lighting on Arbor Structures, Bus Shelters and Shade Structures.

Time Frame: Year Round
Location: El Toro Road and Rockfield Boulevard from the freeway to Muirlands Boulevard • Per the Seasonal Lighting Site Map the contractor will install and maintain lights year-round on the Arbor Structures, Bus Shelters and Shade Structures as designated in Attachment 1 and 2. • Contractor will provide the Project Manager with a maintenance schedule for the year-round lighting displays.
• The Project Manager will be the person in charge of all management and maintenance concerns for the year-round lighting displays.
• Contractor shall use LED lights with magnetic adherents for the Arbor. • Calls for service will be completed within 48 hours of notice.

Add Alternate Scope

4. Scope for: Year-Round Lighting Large Signature Tree in roundabout with the ability to change colors for a variety of yearly themes via remote control.

Time Frame: Year Round
Location: Lake Forest Civic Center ~ Roundabout
Docusign Envelope ID: 0B94D565-F122-4021-B249-CB7846D43663

Title: Year-Round Lighting Services
9 • Per the Civic Center Site Map the contractor will install and maintain color changing lights on the large signature tree in the roundabout (Attachment 3)
• The Project Manager will be the person in charge of all management and maintenance concerns for the year-round lighting displays.
• Contractor shall use LED lights.

Scope of Services - First Amendment

1. Seasonal lighting on trees on El Toro Road from the freeway to Muirlands Boulevard and large wreath decorations on structures located on the corners of El Toro and Rockfield Boulevard (Attachment 1).

2. Pre-decorated garland and wreath on the Alton Park monument sign (Attachment 2).

3. Year-round lighting on the Arbor Structures located on the corners of El Toro and Rockfield Boulevard. (Attachment 3).

4. Signature tree in the roundabout at the Civic Center Campus (Attachment 4).

1. Scope for: Seasonal Lighting and Large Wreath decorations.

Time Frame: Turned on the weekend after Thanksgiving 2024 and "live" December/January; Unplugged January 2, 2025, and removed by the end of January.

Location: El Toro Road and Bridger Road from the freeway to Muirlands Boulevard. Arbor Structures corner of El Toro and Rockfield.
• Per the Seasonal Lighting Site Map the contractor will install and maintain lights on trees and the large wreaths on the structures as designated in Attachment 1. • The contractor will work with City of Lake Forest' choice of electricians if needed to complete project.
• The contractor will pull an encroachment permit and submit a traffic plan to City staff. • The contractor will coordinate the installation dates and times with the Project Manager. • The Project Manager will be the person in charge of all management and maintenance concerns during the months that the service is rendered.
• The contractor shall provide the necessary staff to ensure efficient and timely installation, maintenance, and removal of lights.
• The contractor will provide all necessary operating equipment to install, maintain and remove lights. • The contractor shall use LED lights.
• Calls for service will be completed within 48 hours of notice.

2. Scope for: Alton Parkway Monument Sign pre-decorated garland and wreath.

Time Frame: Installed the week after Thanksgiving and removed by the end of January 2025.

Location: Alton Parkway median.

Docusign Envelope ID: 0B94D565-F122-4021-B249-CB7846D43663

Title: Year-Round Lighting Services
10 • The contractor will install and remove pre-decorated on the Alton Parkway Monument sign as designated in Attachment 2.
• The contractor will meet with staff to familiarize them with project area and site plan. • The contractor will pull an encroachment permit.
• The contractor will coordinate the installation dates and times with the Project Manager. • The Project Manager will be the person in charge of all management and maintenance concerns during the months that the service is rendered.
• The contractor shall provide the necessary staff to ensure efficient and timely installation, maintenance, and removal decor.
• The contractor will provide all necessary operating equipment to install, maintain and remove lights. • Calls for service will be completed within 48 hours of notice.

3. Scope for: Year-Round Lighting on Arbor Structures
Time Frame: Year Round
Location: El Toro Road and Rockfield Boulevard

• Per the Seasonal Lighting Site Map the contractor will install and maintain lights year-round on the Arbor Structures as specified on Attachment 3.
• The contractor will provide the Project Manager with a maintenance schedule for the year-round lighting displays.
• The Project Manager will be the person in charge of all management and maintenance concerns for the year-round lighting displays.
• The contractor shall use LED lights with magnetic adherents for the Arbor. • Calls for service will be completed within 48 hours of notice.

4.Scope for: Year-Round Lighting Large Signature Tree in roundabout with the ability to change colors for a variety of yearly themes via remote control.

Time Frame: Year Round
Location: Lake Forest Civic Center - Roundabout
• Per the Civic Center Site Map the contractor will maintain color changing lights on the large signature tree in the roundabout as specified in Attachment 4.
• The Project Manager will be the person in charge of all management and maintenance concerns for the year-round lighting displays.
• The contractor shall use LED lights for any light strands that may need to be replaced.

Scope of Services - Second Amendment
Calls for service will be completed within 48 hours of notice Docusign Envelope ID: 0B94D565-F122-4021-B249-CB7846D43663

Title: Year-Round Lighting Services
11 1. Seasonal lighting on trees on El Toro Road from the freeway to Muirlands Boulevard and pre-lit garland on the structures located on the corners of El Toro and Rockfield Boulevard

2. Pre-decorated garland and wreath on the Alton Park monument sign.

3. Year-round lighting on the Arbor Structures located on the corners of El Toro and Rockfield Boulevard.

4. Signature tree in the roundabout at the Civic Center Campus.

5. Pre-decorated garland on monument signs at the Sports Park entrances on Portola Parkway Rancho Parkway and Vista Parkway Entrances.

1. Scope for: Seasonal Lighting and Pre-Lit Garland.

Time Frame: Turned on the weekend after Thanksgiving 2025 and "live" December/January; Unplugged January 2, 2026, and removed by the end of January.

Location: El Toro Road and Bridger Road from the freeway to Muirlands Boulevard. Arbor Structures corner of El Toro and Rockfield.

• Per the Seasonal Lighting Site Map the contractor will install and maintain lights on trees and pre-lit garland on the structures as designated in Attachment 1. • The contractor will work with City of Lake Forest' choice of electricians if needed to complete the project.
• The contractor will pull an encroachment permit and submit a traffic plan to City staff. • The contractor will coordinate the installation dates and times with the Project Manager. • The Project Manager will be the person in charge of all management and maintenance concerns during the months that the service is rendered.
• The contractor shall provide the necessary staff to ensure efficient and timely installation, maintenance, and removal of lights.
• The contractor will provide all necessary operating equipment to install, maintain and remove lights. • The contractor shall use LED lights.
• Calls for service will be completed within 48 hours of notice.

2. Scope for: Alton Parkway Monument Sign pre-decorated garland and wreath.

Time Frame: Installed the week after Thanksgiving 2025 and removed by the end of January 2026.

Location: Alton Parkway median.

• The contractor will install and remove pre-decorated on the Alto Parkway Monument sign as designated in Attachment 2.
• The contractor will meet with staff to familiarize them with the project area and site plan. • The contractor will pull an encroachment permit.

Docusign Envelope ID: 0B94D565-F122-4021-B249-CB7846D43663

Title: Year-Round Lighting Services
12 • The contractor will coordinate the installation dates and times with the Project Manager. • The Project Manager will be the person in charge of all management and maintenance concerns during the months that the service is rendered.
• The contractor shall provide the necessary staff to ensure efficient and timely installation, maintenance, and removal decor.
• Calls for service will be completed within 48 hours of notice.

3. Scope for: Lake Forest Sports Park Monument Entrance Signs pre-decorated garland.

Time Frame: Installed the week after Thanksgiving 2025 and removed by the end of January 2026.

Location: Lake Forest Sports Park Monument Entrance Signs (Portola, Rancho and Vista Parkways).

• The contractor will install and remove pre-decorated on the Lake Forest Sports Park Monument Entrance Signs as designated in Attachment 3.
• The contractor will meet with staff to familiarize them with the project area and site plan. • The contractor will pull an encroachment permit.
• The contractor will coordinate the installation dates and times with the Project Manager. • The Project Manager will be the person in charge of all management and maintenance concerns during the months that the service is rendered.
• The contractor shall provide the necessary staff to ensure efficient and timely installation, maintenance, and removal decor.
• Calls for service will be completed within 48 hours of notice.

4. Scope for: Year-Round Lighting on Arbor Structures
Time Frame: Year Round
Location: El Toro Road and Rockfield Boulevard

• Per the Seasonal Lighting Site Map the contractor will install and maintain lights year-round on the Arbor Structures as specified in Attachment 4.
• The contractor will provide the Project Manager with a maintenance schedule for the year-round lighting displays.
• The Project Manager will be the person in charge of all management and maintenance concerns for the year-round lighting displays.
• The contractor shall use LED lights with magnetic adherents for the Arbor. • Calls for service will be completed within 48 hours of notice.

Docusign Envelope ID: 0B94D565-F122-4021-B249-CB7846D43663

Title: Year-Round Lighting Services
13 5. Scope for: Year-Round Lighting Large Signature Tree in roundabout with the ability to change colors for a variety of yearly themes via remote control.

Time Frame: Year Round
location: Lake Forest Civic Center – Roundabout

• Per the Civic Center Site Map the contractor will maintain color changing lights on the large signature tree in the roundabout as specified in Attachment 4.
• The Project Manager will be the person in charge of all management and maintenance concerns for the year-round lighting displays.
• The contractor shall use LED lights for any light strands that may need to be replaced.

Docusign Envelope ID: 0B94D565-F122-4021-B249-CB7846D43663

Title: Year-Round Lighting Services
14 6. EXHIBIT "C" - COMPENSATION

6.1. EXHIBIT "C" - COMPENSATION
Consultant shall be paid for services in accordance with Section 3.3 of the Agreement and as described above under Exhibit “A” Scope of Services and the not to exceed fee of ONE HUNDRED THIRTY THREE THOUSAND TWO HUNDRED FORTY DOLLARS ($133,240.00). Compensation shall be paid per the following schedule and terms.

Year 1
El Toro Rd (Year-Round/Seasonal $16,470.00
Civic Center (Seasonal) $2,000.00
Civic Center (Year-Round) $8,000.00
Year 1 Total $26,470.00
Year 2
El Toro Rd (Year-Round/Seasonal $6,950.00
Civic Center (Seasonal) $2,000.00
Civic Center (Year-Round) $0.00
Year 2 Total $8,950.00
Year 3
El Toro Rd (Year-Round/Seasonal $6,950.00
Civic Center (Seasonal) $2,000.00
Civic Center (Year-Round) $0.00
Year 3 Total $8,950.00
Original Agreement - Total Compensation $44,370.00
First Amendment - Year 4
Installation/removal and maintenance of 72 lit trees, wall lighting and large wreaths on the Arbors Structures $39,610.00
Installation/removal and maintenance of pre-decorated garland and a wreath on the Alton Parkway monument sign $1,205.00
Maintenance of the year-round lighting on the Arbors structures and the signature on the Civic Center campus $2,500
First Amendment Total: $43,315.00
First Amendment - Total Compensation (Years 1-4) $87,685.00 Second Amendment - Year 5
Installation/removal and maintenance of 72 lit trees, wall lighting and pre-lit garland on the Arbors Structures $35,210.00
Docusign Envelope ID: 0B94D565-F122-4021-B249-CB7846D43663

Title: Year-Round Lighting Services
15 Installation/removal and maintenance of pre-decorated garland and a wreath on the Alton Parkway monument sign $1,205.00
Installation/removal and maintenance of pre-decorated garland on monument signs at the Sports Park entrances on Portola Parkway Rancho Parkway and Vista Parkway Entrances $6,640.00 Maintenance of the year-round lighting on the Arbors structures and the signature on the Civic Center campus $2,500
Second Amendment Total: $45,555.00
Second Amendment - Total Compensation (Years 1-5) $133,240.00

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

Docusign Envelope ID: 0B94D565-F122-4021-B249-CB7846D43663

CITY COUNCIL AGENDA REPORT
MEETING DATE: 8/19/2025
DEPARTMENT: Community Development
SUBJECT:

URGENCY ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON

MASSAGE ESTABLISHMENTS
RECOMMENDED ACTION(S):

1. Find and determine that the proposed urgency ordinance is not a “project” within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines (Title 14 of the California Code of Regulations) and is exempt from the requirements of CEQA under Section 15061(b)(3) of the CEQA Guidelines; and

2. Adopt Urgency Ordinance No. ____, entitled:

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE

FOREST ESTABLISHING A TEMPORARY MORATORIUM ON MASSAGE

ESTABLISHMENTS PENDING STUDY AND THE PREPARATION OF AN
UPDATE TO THE CITY’S MUNICIPAL CODE AND ZONING CODE AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.

EXECUTIVE SUMMARY:

In recent years, law enforcement and code enforcement officers have discovered evidence of illicit sexual activity occurring at massage establishments in the City of Lake Forest (“City”). These activities pose significant impacts to public health, safety, and welfare.

Against this backdrop, an urgency ordinance is proposed to temporarily prohibit the processing of use permits for massage establishments throughout the city.

Specifically, during the moratorium, proposed massage establishments could not file an application for a use permit to establish within the city, and existing massage establishments could not expand. However, any massage establishment that has obtained a use permit would be allowed to obtain a license and a building permit to establish or continue operations.

The urgency ordinance is necessary to provide the City with sufficient time to study potential municipal and zoning code regulations to address the negative impacts of illegal activity at these and similar establishments.

3 5
5 2
BACKGROUND:

Under the California Constitution and pursuant to its police powers, the City is charged with responsibility for the health, safety, and welfare of its citizens.

Pursuant to this authority, the City has adopted a framework to regulate massage uses within the city.

To establish a massage business, the Planning Commission must approve a use permit for the business location (Lake Forest Municipal Code (“LFMC”) section

9.72.090). If that approval is granted, then the permittee must obtain a massage establishment license, which is governed by LFMC Chapter 5.07. The City Manager reviews license applications and has the authority to approve or deny such requests in accordance with the City’s requirements.

Annually, each massage establishment is required to apply for renewal of its massage license. The renewal process is outlined in LFMC Chapter 5.07 and includes ground for non-renewal and revocation. The City also has the ability to perform inspections of any massage establishment to confirm ongoing compliance with all massage regulations.

As permitted by the City’s code, there are a number of massage businesses operating in the city. Those massage businesses that opened prior to adoption of the City’s regulatory scheme operate as legal nonconforming uses, while those that opened after adoption of the City ordinance operate pursuant to conditional use permits. As shown in the following graphic, the number of massage businesses operating in the city has fluctuated, with a high of 42 in 2019, and a low of 16 in 2024.

3 5
5 2
Figure 1: Licensed Massage Establishments 2008-2025
The City currently has 18 massage establishments in operation. The location of each business is shown in the following graphic.

3 5
5 2
Figure 2: Map of Licensed Massage Establishments by District (August 2025)

3 5
5 2
Despite the City’s regulations, in recent years, the City has experienced issues related to illicit sexual activity at massage and similar establishments. Between 2022-2024, the Orange County Sheriff’s Department (“OCSD”) conducted investigations at massage establishments across the city. According to law enforcement reports, massage therapists attempted to engage in illicit sexual activity with undercover investigators at four establishments: 23803 El Toro Road, 22706 Aspan Street, Unit 503, 22855 Lake Forest Drive, Suite E, and 23401 El Toro Road, Suite 100. These incidents resulted in, among other things, the City denying massage business license renewals, issuing administrative citations and police citations, and revoking a massage-related use permit at 23803 El Toro Road.

These investigations also revealed that illegal massages and illicit sexual activity are no longer limited to businesses expressly offering massages. Working with OCSD, the City discovered that illegal activities are occurring at personal care businesses with private rooms, including day spas. This change in practice by those performing illegal massages is likely to avoid detection, in part because the City’s massage regulations do not currently cover these other types of businesses.

The above illegal activity resulted in significant public expense including code enforcement inspections and actions, law enforcement undercover operations, and administrative and legal review. These illegal activities diverted resources from other pressing City needs.

Massage and other establishments that offer illicit sexual activity pose an immediate and significant threat to the health, safety, and welfare of the community. Among other things, these impacts include the potential for: (1) injury and abuse to patrons being solicited for unlawful services, and (2) increased opportunities for prostitution activity and human trafficking of workers by virtue of the secretive nature associated with offering unauthorized and undisclosed services.

DISCUSSION:

Government Code Sections 36937 and 65858 authorize the City Council to adopt an interim urgency ordinance to protect public health, safety, and welfare.

Section 65858 specifically allows a temporary moratorium to prohibit any uses that may be in conflict with a contemplated zoning proposal that the City wishes to study.

The proposed interim urgency ordinance makes the requisite Government Code findings that there is an urgent need to protect the public health, safety, and welfare from illicit activities that occur at some massage establishments within

3 5
5 2
the city. If adopted, it would immediately establish a 45-day moratorium. During this period, the City would not approve or issue any use permit, variance, building permit, or other applicable entitlement for new massage establishments or the enlargement of existing massage establishments. During the moratorium period, any massage establishment that has obtained a use permit would be allowed to obtain a license and building permit to establish the use. Existing massage businesses could continue to apply for licenses or license renewals, and the City could continue to make final decisions on those applications.

A 45-day moratorium would provide staff the time to gather data about the impacts of massage establishments, and to research, study, and prepare recommendations for the Council’s consideration regarding potential amendments to the City’s regulatory process and Zoning Code.

During the moratorium period staff would also study potential amendments to the Zoning Code related to personal care uses with private rooms, in an effort to prevent illicit activities at these businesses. Additionally, staff would study potential changes to the City regulatory scheme related to inspection processes and schedules, including studying the efficacy of mandating regular inspections on massage and other businesses. Because the practice of performing illegal massage at day spas and similar non-massage business is novel and currently outside of any regulatory scheme, staff will need time to consult with other agencies, and to review whether the city’s existing processes may be applied to these other types of businesses.

For the urgency ordinance to be effective, four-fifths (4/5) of the City Council must approve the ordinance. Thereafter, the ordinance would remain in effect for 45 days from its adoption (unless earlier repealed, terminated, or extended by the Council). Government Code section 65858 allows the City Council to extend a moratorium for 10 months and 15 days, and once more for one year. This means that a moratorium may be in place for a total of two years.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

1. Urgency Ordinance
Submitted By: Gayle Ackerman, AICP, Director of Community Development Approved By: Debra Rose, City Manager

55136.00000\43579692.1
-1-
5 5
3 9
3 ATTACHMENT 1

55136.00000\43579692.1
-2-
5 5
3 9
3 URGENCY ORDINANCE NO. ________

AN URGENCY ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF LAKE FOREST ESTABLISHING A

TEMPORARY MORATORIUM ON MASSAGE

ESTABLISHMENTS PENDING STUDY AND THE
PREPARATION OF AN UPDATE TO THE CITY’S

MUNICIPAL CODE AND ZONING CODE AND

DETERMINING THE ORDINANCE TO BE EXEMPT

FROM CEQA
WHEREAS, pursuant to Cal. Const. Art. XI, Sec. 7 and under the City’s general police powers, the City of Lake Forest (“City”) is empowered and charged with responsibility for the health, safety, and welfare of its citizens; and WHEREAS, the City protects the health, safety, and welfare of the community through numerous avenues, including by establishing and enforcing zoning, licensing and health and safety regulations on specified commercial activities; and WHEREAS, the City is authorized by State law, including, without limitation, Government Code Section 51030 et seq. and Business & Professions Code Section 16000 et seq. to regulate massage establishments; and
WHEREAS, such regulations include Chapter 5.07 of the Lake Forest Municipal Code (“LFMC”), which contains the licensing requirements and operational standards for massage establishments in the City; and
WHEREAS, in addition to the regulations provided by LFMC Chapter 5.07, massage establishments also require a use permit to be approved by the Planning Commission, pursuant to LFMC section 9.72.090, in order to lawfully operate; and WHEREAS, despite the above regulatory framework, in recent years, the City has experienced issues related to illicit sexual activity and suspected prostitution at businesses offering massage services; and
WHEREAS, between 2022-2024, the Orange County Sheriff’s Department (“OCSD”) conducted investigations at massage establishments across the City.

According to law enforcement reports, massage therapists attempted to engage in illicit sexual activity with undercover investigators at four establishments: 23803 El Toro Road, 22706 Aspan Street, Unit 503, 22855 Lake Forest Drive, Suite E, and 23401 El Toro Road, Suite 100. These incidents resulted in, among other things, the City denying massage business license renewals, issuing administrative citations and police citations, and revoking a massage-related use permit at 23803 El Toro Road; and WHEREAS, the above illegal activity resulted in significant public expense including code enforcement inspections, law enforcement undercover operations, and

55136.00000\43579692.1
-3-
5 5
3 9
3 administrative and legal review and enforcement actions. These illegal activities diverted resources from other pressing City needs; and
WHEREAS, massage establishments that offer illicit sexual activity pose an immediate and significant threat to the health, safety and welfare of the community.

Among other things, these impacts include the potential for: (1) injury and abuse to patrons being solicited for unlawful services, and (2) increased opportunities for prostitution activity and human trafficking of workers by virtue of the secretive nature associated with offering unauthorized and undisclosed services; and WHEREAS, pursuant to Government Code Sections 36937 and 65858, the City Council may adopt an interim urgency ordinance to protect the public safety, health, and welfare. Section 65858 specifically allows a temporary moratorium to prohibit any uses that may be in conflict with a contemplated zoning proposal that the City wishes to study; and
WHEREAS, City staff requires time to further gather data about the adverse impacts of massage establishments that provide illicit services, and to research, study, and consider ways to amend the City’s regulatory process and the Lake Forest Municipal and Zoning Codes to protect the public health and safety and reduce illegal activities occurring at these businesses; and
WHEREAS, all legal prerequisites to the adoption of this urgency ordinance have occurred.

NOW, THEREFORE, the City Council of the City of Lake Forest does ordain as follows:

Section 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. CEQA. The City Council finds that this ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, section 15061(b)(3) that this interim urgency ordinance is nonetheless exempt from the requirements of CEQA. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Section 3. Urgency Findings. This Ordinance is adopted under the provisions of Government Code Sections 36937 and 65858. The City Council finds that massage establishments as described herein pose significant and urgent threats to the health, safety and welfare of the community as follows:

55136.00000\43579692.1
-4-
5 5
3 9
3 a. In recent years, the City has experienced issues related to illicit sexual activity and suspected prostitution at businesses offering massage services. b. Between 2022-2024, the Orange County Sheriff’s Department (“OCSD”) conducted investigations at massage establishments across the City. According to law enforcement reports, massage therapists attempted to engage in illicit sexual activity with undercover investigators at four establishments: 23803 El Toro Road, 22706 Aspan Street, Unit 503, 22855 Lake Forest Drive, Suite E, and 23401 El Toro Road, Suite 100.

These incidents resulted in, among other things, the City denying massage business license renewals, issuing administrative citations and police citations, and revoking a massage-related use permit at 23803 El Toro Road.
c. The above illegal activity resulted in significant public expense including code enforcement inspections, law enforcement undercover operations, and administrative and legal review and enforcement actions. These illegal activities diverted resources from other pressing City needs.
d. Massage establishments that offer illicit sexual activity pose an immediate and significant threat to the health, safety and welfare of the community. Among other things, these impacts include the potential for: (1) injury and abuse to patrons being solicited for unlawful services, and (2) increased opportunities for prostitution activity and human trafficking of workers by virtue of the secretive nature associated with offering unauthorized and undisclosed services.

Section 4. Directive. The City Council hereby directs and orders that, during the time that this urgency ordinance is in effect, the City will not approve or issue any use permit, variance, building permit, or other applicable entitlement for the following: New massage establishments, or the enlargement of existing massage establishments. During the moratorium period, any massage establishment that has obtained a use permit will be allowed to obtain a license and building permit to establish. Existing massage businesses may continue to apply for licenses or license renewals, and the City may continue to make final decisions on those applications.

Section 5. Applications. The City will continue to accept and process applications for uses prohibited by this moratorium if so legally required. Any application received and processed during the moratorium shall be processed at the applicant’s sole cost and risk with the understanding that no permit, approval or other entitlement for a use covered by Section 4, above, may issue while this moratorium or any extension thereof is in effect.

Notwithstanding anything to the contrary, the City will process and make final decisions on massage establishment license applications and renewals thereof during the moratorium period or any extension thereof.

Section 6. Effective Date. This Urgency Ordinance shall be effective immediately, and shall remain in effect for 45 days from its adoption, unless earlier repealed, terminated, or extended.

55136.00000\43579692.1
-5-
5 5
3 9
3 Section 7. Report. No less than 10 days prior to the scheduled expiration of this Ordinance, staff shall issue a report to the City Council on the progress of its study and on determinations for how the City should proceed, insofar as conclusions have been drawn.

Section 8. Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.

Section 9. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at Lake Forest City Hall, 100 Civic Center Dr., Lake Forest, California 92630.

Section 10. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

PASSED, APPROVED, AND ADOPTED this 2nd day of September 2025 by the following vote, to wit:

SCOTT VOIGTS
MAYOR
ATTEST:

THY MERRITT

ACTING CITY CLERK
APPROVED AS TO FORM:

MATTHEW E. RICHARDSON

CITY ATTORNEY

55136.00000\43579692.1
-6-
5 5
3 9
3 STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF LAKE FOREST )
I, _______________, Acting City Clerk of the City of Lake Forest, do hereby certify that the foregoing Urgency Ordinance No. ____ was duly introduced and immediately adopted at a regular meeting of the City Council on the 2nd day of September 2025, by the following roll-call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

THY MERRITT

ACTING CITY CLERK

CITY COUNCIL AGENDA REPORT
MEETING DATE: 8/19/2025
DEPARTMENT: City Manager
SUBJECT:

COMMUNITY SERVICES COMMISSION STIPEND
RECOMMENDED ACTION(S):

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

CITY OF LAKE FOREST, CALIFORNIA REGARDING COMPENSATION

RECEIVED BY LAKE FOREST COMMUNITY SERVICES COMMISSIONERS

AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).

EXECUTIVE SUMMARY:

The City has three formal commissions established by the City Council: the Planning Commission, the Traffic & Parking Commission, and the Community Services Commission. Currently, Community Services Commission (“CSC”) meets about 10 times per year. Meetings are generally held on the first Wednesday of each month.

To help offset the costs of associated with commission participation, the City provides a monthly stipend to members of each commission. The monthly stipend is established via City Council resolution. Currently, members of the Planning Commission and Traffic & Parking Commission receive a $118 stipend per meeting and members of the Community Services Commission receive a $59 stipend per meeting. Staff conducted research to identify the basis for the disparity between stipend amounts but were unable to find a definitive reason.

Staff speculate that the stipend amounts may have originally been established with the assumption that the Planning Commission and Traffic & Parking Commission meet more often than the Community Services Commission.

However, this has generally not been the practice in recent years. In general, each commission meets about the same number of times per year.

Staff recommend the City Council equalize the stipend disparity and approve the attached resolution (Attachment), which would establish a $118 stipend per meeting for members of the Community Services Commission.

FISCAL IMPACT:

Sufficient funds exist in the 2025-2027 Operating Budget. There is minimal fiscal impact associated with the recommended action.

ATTACHMENTS:

Resolution Regarding Community Service Commissioners Stipend Initiated By: Nidia Ruelas, Assistant to the City Manager Submitted By: Debra Rose, City Manager
Approved By: Debra Rose, City Manager

5 5
6 3
4 ATTACHMENT

5 5
6 3
4 RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKE FOREST, CALIFORNIA REGARDING

COMPENSATION RECEIVED BY LAKE FOREST

COMMUNITY SERVICES COMMISSIONERS AND FINDING

THE ACTION EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the City of Lake Forest, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, pursuant to its general police powers, the City Council established a Community Services Commission to advise the City Council on all matters subject to the jurisdiction of the Council pertaining to the acquisition, development, and maintenance of public parks and recreational facilities. The Community Services Commission was created under Lake Forest Municipal Code (“LFMC”) Chapter 2.06 and is governed by LFMC Chapter 13.01; and
WHEREAS, pursuant to California Government Code section 365106, a City Council shall, by resolution or ordinance, fix the compensation of all appointive officers and employees. “Appointive officers” includes individuals appointed to the City’s boards, commissions, and committees; and
WHEREAS, members of the Community Services Commission are currently compensated via stipend. Members are paid $59 per meeting, and the Community Services Commission currently meets once per month pursuant to LFMC Section

13.01.006; and
WHEREAS, members of the Traffic and Parking Commission and Planning Commission, which are also Commissions created by the City Council under LFMC Chapter 2.06, are also compensated via stipend. Members of these commissions are paid $118 per meeting and also meet once per month; and
WHEREAS, the City Council desires to increase the stipend received by the members of the Community Services Commission to $118 per meeting, to provide the same stipend received by members of the Traffic and Parking Commission and Planning Commission; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE FOREST, DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:

SECTION 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated into this Resolution as though fully set forth herein.

5 5
6 3
4 SECTION 2. CEQA. The City Council hereby finds that this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) [the activity will not result in a direct or reasonably foreseeable indirect physical change to the environment] and 15060(c)(3) [the activity is not a project as defined in Section 15378] of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this action has no potential for resulting in physical change to the environment, directly or indirectly. Additionally, this action consists of continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, general policy and procedure making, and is therefore not a “project” subject to CEQA, as it concerns adjusting compensation received by city-appointed officers. Therefore, no further environmental review is required.

SECTION 3. Compensation. Pursuant to California Government Code section 365106 and in accordance with the procedures of City Council Resolution 2006-19, the compensation of members of the Lake Forest Community Services Commission, as established by LFMC Chapter 2.06 and regulated by LFMC Chapter 13.01, shall be fixed as $118 per meeting, not to exceed $236 per month. Compensation of members of the Lake Forest Community Services Commission shall be paid via stipend.

SECTION 4. Effective Date. This Resolution shall become effective upon its adoption, and the City Clerk shall attest to and certify the vote adopting this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Lake Forest, California on ____, 2025, by the following vote, to wit:
_________________________________

SCOTT VOIGTS
MAYOR
ATTEST:
________________________

THY MERRITT

ACTING CITY CLERK
APPROVED AS TO FORM:

5 5
6 3
4 _________________________
MATTHEW E. RICHARDSON

CITY ATTORNEY

5 5
6 3
4 STATE OF CALIFORNIA )

COUNTY OF ORANGE )SS

CITY OF LAKE FOREST )
I, Thy Merritt, Acting City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Resolution No. 2025- ___ was duly passed and adopted at a regular meeting of the Lake Forest City Council on the ____ day of _____ 2025, by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
__________________________

THY MERRITT

CITY CLERK

CITY COUNCIL AGENDA REPORT
MEETING DATE: 8/19/2025
DEPARTMENT: City Manager
SUBJECT:

AUTHORIZATION TO PARTNER WITH COUNTY OF ORANGE ON A JOINT

REQUEST FOR PROPOSALS FOR THE GOLF COURSE PROPERTY
RECOMMENDED ACTION(S):

1. Authorize a Joint Request for Proposals for the Lake Forest Golf Course and Practice Center Long-Term Ground Lease with the County of Orange utilizing the County of Orange procurement process in lieu of the City’s standard procurement process.

2. Authorize the City Manager to execute all necessary documents related to this action.

EXECUTIVE SUMMARY:

The City owns a 25-acre golf course property located near the intersection of Muirlands Boulevard and Los Alisos Boulevard. This site has a long-standing operational and maintenance relationship with the County of Orange (“County”), and Orange County Flood Control District (“District”), which retains ownership of the adjacent driving range and shared parking area. Both the City and County lease agreements with American Golf Corporation for the operation of the golf course and driving range expired in early 2025 and have transitioned to month- to-month tenancies. Given this unique jurisdictional and operational overlap, staff recommend a coordinated procurement approach in partnership with the County for the next long-term ground lease.

The City’s Strategic Plan for 2025-2032 (“Strategic Plan”) includes an initiative to issue a Lake Forest Golf and Practice Center Request for Proposal (“RFP”) with the County (SP#19). Specifically, staff propose issuing a joint RFP in collaboration with the County to solicit proposals for the long-term operation and potential redevelopment of the golf course and driving range properties. Utilizing the County’s procurement process, which governed the initial contracting for these facilities, gives the City access to the County’s large network of vendors, coordinated processes for ensuring a single operator, and leverages an efficient and competitive process. Staff recommend the City Council authorize this partnership and related actions necessary to move forward with the joint RFP.

The draft RFP is provided for the City Council’s review. Minor revisions and supplemental information will be incorporated prior to its official release. Should a suitable operator be identified through this process, staff would return to the City Council with a recommended long-term lease agreement for consideration.

BACKGROUND:

In 1990, the County executed separate lease agreements with American Golf Corporation for the operation of the golf course and driving range near Muirlands Boulevard and Los Alisos Boulevard. Upon incorporation, the City assumed ownership of the golf course parcel, while the County retained ownership of the driving range and shared parking lot. Both facilities have continued to be operated by American Golf under parallel lease terms.

The original lease terms expired on January 30, 2025, at which point both the City and County agreements transitioned to month-to-month tenancies. The City’s Strategic Plan includes an initiative to issue a Lake Forest Golf and practice Center RFP with the County (SP#19). In preparation for the next phase of operations, City staff have been working closely with representatives from the County Chief Executive Office Real Estate Division to draft a joint RFP.

DISCUSSION:

The City’s month-to-month lease with American Golf Corporation provides flexibility but lacks long-term certainty and defined reinvestment terms. With both the City and County agreements now expired, this moment presents an opportunity to jointly evaluate the future of the golf course and driving range through a formal procurement process. The objective of the joint RFP is to seek proposals for creative development concepts that re-imagine and beautify the premises and are compliant with the Orange County Flood Control Act.

Issuing a joint RFP with the County would allow both agencies to test the open market, evaluate innovative operating models, and identify potential improvements or reinvestment strategies for the sites. A competitive RFP process encourages qualified operators to propose creative solutions that enhance the community benefit while ensuring responsible stewardship of public land.

City vs. County Procurement Processes
To assess and evaluate differences in procurement, staff compared the required proposal content in the RFP processes used by the City and the County. Table 1 below summarizes the similarities and differences in procurement requirements:

Table 1: Procurement Process Comparison
Required Proposal Content City of Lake
Forest
County of
Orange
All RFP questions go to one centralized area X X
Selection Committee X X
Addendums Issued X X
Summary Sheet X X
Key Personnel List X X
Project Management/Proposal X X
Experience X X
List of Representative Projects X X
Validity of Proposal X X
Table of Contents X
Letter of Transmittal X
Scope of Work X
Project Schedule with corresponding Allocation of
Resources for each Project Phase
X
List of terminated public contracts in last 3 years X
Separate sealed cost proposal X
Weighted Points (for lowest cost proposal) X
Opportunity to submit “revised” cost proposal
after interviews
X
Proposer Profile X
Submittal Response Checklist X
Acknowledgement of Insurance Requirements X
Acknowledgement of W-9 Requirements X
Statement of Compliance X
Option Payment X
Good Faith Deposit X
Conflict of interest (certification of past financial,
business or other relationships with County)
X
Acknowledgement of current/past litigation X
Acknowledgement of name/ownership changes in
last seven years
X
Project Vision X
Development Plan X
Site Plans, Architectural Drawings and
Renderings
X
Budgets X
Approach for obtaining new entitlements and
Permitting
X

Required Proposal Content City of Lake
Forest
County of
Orange
Marketing and Leasing Plan X
Financial Plan X
Financial Feasibility Models X
Management and Operations Plan X
Campaign Contribution Disclosure Form X
Local Small Business Preference X
Disabled Veteran Business Enterprise X
While both the City and the County incorporate several standard elements—such as centralized communication for RFP inquiries, utilization of selection committees, issuance of addenda, and inclusion of qualifications such as experience, key personnel, and representative projects - the County’s procurement process reflects a significantly more expansive and prescriptive approach.

The County requires a broad array of additional documentation and certifications not currently included in the City’s standard RFP process. These include, but are not limited to, acknowledgements of insurance and W-9 requirements, proposer profile and compliance statements, disclosures related to past litigation and ownership changes, and various financial, development, and operational plans.

The County also provides for small business and disabled veteran enterprise preferences.

In contrast, the City of Lake Forest’s procurement process is more streamlined, focusing primarily on core project qualifications and straightforward cost considerations. The City allows for submission of revised cost proposals following interviews and applies weighted evaluation criteria for cost. The City's current approach allows for efficiency and accessibility for proposers, while the County's process is structured to support large-scale, high-complexity projects with more extensive due diligence.

Importantly, issuing an RFP provides public agencies with a valuable opportunity to test the open market, ensuring transparency, competition, and potentially more favorable terms for services or products. By inviting multiple qualified vendors to submit proposals, agencies can evaluate a range of pricing structures, innovative approaches, and value-added services that may not otherwise be identified through sole-source or limited procurement processes. This competitive environment encourages vendors to offer their most cost-effective and high- quality solutions, helping the agencies make informed, fiscally responsible decisions while promoting fairness and accountability in the procurement process.

Partnering with the County also streamlines the procurement timeline and allows for consistent communication with prospective proposers regarding the sites, which includes both City- and County-owned parcels and a shared parking lot (on the County parcel). The County’s procurement process is robust, competitive, and fully compliant with public contracting laws.

Selection Process
The RFP Evaluation Committee will include representatives from the County and the City. The total points from the written proposals and oral interviews will be combined for each proposer and ranked accordingly. Based on this ranking, the Evaluation Committee will recommend a Primary Proposer and an Alternate Proposer for consideration. The Primary Proposer will be presented to the City Council and County Board of Supervisors (“Board”) for respective approvals to enter into negotiations for an Option and Master Lease.

It is the RFP’s intent to negotiate an Option and Master Lease with the Primary Proposer. However, if the parties are unable to reach agreement on the Option and/or Master Lease terms, the City and County may initiate negotiations with the Alternate Proposer. The City and County may make no award or to award the contract in its entirety to a single proposer. The RFP is being run through the County’s procurement process with the intent of the evaluation committee’s recommendation to move forward for approval. The Board of Supervisors will be first to negotiate an Option and Master Lease agreement followed by the City Council.

Below are milestones within the RFP Schedule:

The City’s ability to procure a new ground lease independently for the golf course is severely limited by the split ownership of the facilities (i.e., City owns golf TABLE 2: RFP SCHEDULE MILESTONES
Proposal Due/RFP Closing Date and Time - 4:00 P.M. XXX, 2025 RFP Proposer Interviews XXX, 2025
County Board Approval of Recommended Proposer TBD
Negotiate Option and Master Lease Agreements TBD
County Board Approval of Option and Master Lease
Agreement TBD
City Council Approval of Option and Master Lease
Agreement TBD

course while County owns driving range and parking lot). The City’s parcel is landlocked and depends upon the use of the County owned parking lot. The Lake Forest Golf and Practice Center has operated as one unit for its entire history. It is doubtful that a vendor would make a financial investment in the golf course without also operating the driving range and controlling the parking lot.

Conclusion
The draft RFP is provided for the City Council’s review. Minor revisions and supplemental information will be incorporated prior to its official release. Should a suitable operator be identified through this process, staff would return to the City Council with a recommended long-term lease agreement for consideration.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

1. Draft Request for Proposals
Initiated By: Adrian Grijalva, Economic Development/Housing Manager Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager

ATTACHMENT 1

Lake Forest Golf and Practice Center
23308 Cherry Avenue
Lake Forest, CA 92630
ISSUED: TBD, 2025
PROPOSALS DUE: TBD, 2025
■ ■

REQUEST FOR PROPOSALS

DRIVING RANGE & GOLF COURSE

LONG-TERM GROUND LEASE

COUNTY OF ORANGE

COUNTY EXECUTIVE OFFICE

CEO REAL ESTATE /

LAND DEVELOPMENT
400 W. Civic Center Dr., 5th Floor
Santa Ana, CA 92701

■ ■

1 PROPOSALS MUST BE RECEIVED

AT OR PRIOR TO
4:00 P.M. PDST
ON

TBD XX, 2025

ORANGE COUNTY
CEO Real Estate
400 W. Civic Center Drive, Fifth Floor
Santa Ana, CA 92701

REQUEST FOR PROPOSALS

INSTRUCTIONS:

1. EMAIL PROPOSAL TO:

[email protected] WITH THE
SUBJECT LINE “Driving Range & Golf Course
Long-Term Ground Lease.”

2. PROPOSAL MUST INCLUDE (1) SIGNED COPY IN
PDF, (1) COPY IN WORD, and all FINANICAL
MODELS IN EXCEL.

3. RETURN THIS PAGE SIGNED, WITH PROPOSAL.

4. FOR FURTHER INFORMATION, CONTACT:

George Cardenas
CEO Real Estate
[email protected]

Request for Proposals (“RFP”)
The County of Orange (“County”) on behalf of the Orange County Flood Control District (‘District”) and the City of Lake Forest (“City”) are jointly issuing this Request for Proposals ("RFP") to solicit proposals from qualified entities interested in entering into a long-term ground lease with the District, and separately with the City, for the creative and long-term development and management, of the Lake Forest Golf and Practice Center (“Property”) at 23308 Cherry Avenue, Lake Forest. The property includes the County’s driving range and the City’s adjacent nine-hole golf course.

In this RFP, the County and the City seek to partner with a qualified and imaginative developer to revitalize and manage the two distinct but associated properties. There will be two separate ground leases—one for each property. The ideal proposer will possess a clear vision for the enhancement and operation of both facilities, supported by a strong financial plan that ensures long-term sustainability. As this Property is within flood control property, the creative development concept must be consistent with the Orange County Flood Control Act and adhere to District flood control requirements.

Based on the evaluation of Proposals, the County in conjunction with the District, and with the City, will identify a Primary and Alternate Proposer which would be recommended to the Board of Supervisors (“Board”) for selection and authorization to negotiate the terms of an Option Agreement (“County Option”) and Ground Lease Agreement (“County Lease”) for the driving range property. Similarly, the same recommended Primary and Alternate Proposer will be recommended to the City of Lake Forest City Council (“City Council”) for selection and authorization to negotiate the terms of an Option Agreement (“City Option”) and Ground Lease Agreement (“City Lease”) for the nine-hole golf course property. The form Options and Leases are set forth in Section II hereto, which includes, the County’s and City’s standard terms and conditions, including insurance requirements, improvement completion guaranty, and financial participation.

This RFP is set out in the following format:

SECTION I. Introduction and Instructions to Proposers
SECTION II. Response Requirements
All questions and inquiries related to this RFP must be directed to: County Project Contact, George Cardenas, CEO Real Estate, at [email protected] by TBD, 2025.

Proposers are not to contact other County, District, or City staff personnel with any questions or clarifications concerning this RFP. The County Project Contact will provide all official communication concerning this RFP. Any County or City response relevant to this RFP other than through County Project Contact is unauthorized and will be considered invalid.

2 I HAVE READ, UNDERSTOOD AND AGREE TO ALL STATEMENTS IN THIS REQUEST FOR PROPOSALS, AND TO THE TERMS, CONDITIONS AND EXHIBITS REFERENCED HEREIN.

Proposer/Company Legal Name (as if appears on W-9):

Legally Authorized Signature Title Date
Legally Authorized Signature Title Date

If Proposer is a corporation, two (2) signatures are required: one (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. If Proposer’s officer holds dual title, Proposer must sign this instrument twice; each time indicating his or her office title, that qualifies under the above-described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signatory to bind the corporation.

RETURN THIS SIGNED COVER PAGE WITH YOUR RESPONSE

Driving Range and Golf Course RFP
3 TABLE OF CONTENTS

COVER PAGE 1
TABLE OF CONTENTS 3
EXHIBITS 4
ATTACHMENTS 4
DEFINITIONS 6

SECTION I: INTRODUCTION AND INSTRUCTIONS TO PROPOSERS

A. Introduction 7
B. Properties 7
C. RFP Vision/Goals/Objectives 9
D. Land Use, Entitlements, and Permits 11
E. Considerations 11
F. Stakeholders 12
G. Utilities and Other Infrastructure 12
H. Taxes 12
I. No Warranties and Representations 13
J. RFP Schedule 13
K. Instructions to Proposers and Procedures for Submittal 14 L. Evaluation Process and Criteria 18
M. Selection 19
N. Form W-9 Requirements 19
O. Levine Act Requirements XX
P. OCLSB and DVBE Preference Certification Requirements XX Q. Compliance Review XX

SECTION II: RESPONSE REQUIREMENTS
Part 1

1. Cover Letter/Executive Summary 22

2. Proposer Profile 22

3. Campaign Contribution Disclosure Form

4. Submittal Response Checklist 22

5. Validity of Proposal 22

6. Certification of Understanding 23

7. Certificate of Insurance 23

8. W-9 Requirements 23

9. Statement of Compliance 23

Driving Range and Golf Course RFP
4 10. Option Payment 24

11. Good Faith Deposit 24

12. Conflict of Interest 24

13. Litigation 26

14. Name/Ownership Changes 26

Part 2

A. Project Team 27
B. Project Vision 28
C. Development Plan 29
D. Capital Structure, Financial Capability and Feasibility 32 E. Financial Offer 33
F. Management and Operations 33
G. Public Benefit 34
H. Option Agreement and Ground Lease Agreement 34

EXHIBITS:

Exhibit 1 – Location Map
Exhibit 2 – Legal Description for “Reservoir Property”
Exhibit 3 – Depiction of “Reservoir Property”
Exhibit 4 – County’s Property Map
Exhibit 5 – Open Space Encumbrance Map
Exhibit 6 – Legal Description for Portion of “Recreation Parcel” Exhibit 7 – Land Use Allowable Uses
Exhibit 8 – Zoning Map
Exhibit 9 - Permitted Recreational Uses – everything listed under open space Exhibit 10 – Inundation Map
Exhibit 11 – Parcel Map

ATTACHMENTS:

Attachment A – County Form Option Agreement
Attachment B – County Form Ground Lease Agreement
Attachment C – City Form Option Agreement
Attachment D – City Form Ground Lease Agreement

Driving Range and Golf Course RFP
5 Attachment E – Submittal Response Checklist
Attachment F - Proposer Profile
Attachment G – County of Orange Campaign Contribution Disclosure Information & Campaign Contribution Disclosure Form
Attachment H – County of Orange Local Small Business (OCLSB) and Disabled Veteran Business Enterprise (DVBE) Preference Certification Requirements Attachment I - Preliminary Title Reports (maybe)

Driving Range and Golf Course RFP
6 DEFINITONS

1. “Board” refers to County of Orange Board of Supervisors of the County of Orange acting as the governing board of the Orange County Flood Control District

2. “City” refers to the governing body and city staff of the City of Lake Forest.

3. “City Council” refers to the governing board for City of Lake Forest.

4. “City of Lake Forest General Plan” refers to the policy planning document that provides the framework for management and utilization of the City's physical, economic, and human resources.

5. “Contract” refers to the Option Agreement and Ground Lease Agreement between the County, City, and the Board/City Council’ approved Proposer(s).

6. “Contract Date” refers to the latest date that the Board or City Council approves the Option Agreement and Ground Lease Agreement between the County, City, and the Board/City Council’ approved Proposer(s).

7. “County” refers to the County of Orange, a political subdivision of the State of California, the property owner.

8. “County of Orange General Plan” refers to the policy planning document that provides the framework for management and utilization of the County’s physical, economic, and human resources.

9. “Development Plan” refers to the Preliminary Conceptual Plan, Budget, Schedule, Entitlements, Permitting, and a Marketing & Leasing Plan for the Project.

10. “Development Team” refers to the Proposer and the participants engaged by the Proposer to assist in the planning, design, permitting, funding, development, construction, renovation, marketing, operation, leasing, management, and maintenance of the Project.

11. “Driving Range Property” refers to the Orange County Flood Control District’s El Toro retention basin property, a flood control facility designed to capture storm flows during heavy rain events, but that is used as a golf practice driving range.

12. “Golf Course Property” refers to the City of Lake Forest’s property that is a nine-hole golf course and part of the flood control system, also susceptible to flooding during heavy rains.

13. “Lease” or “Ground Lease Agreement” refers to the ground lease agreements between the County and Lessee, and City and Lessee that includes the terms and conditions for the tenancy, entitlement, financing, development, construction, operation, and management of the Project, the form of which is attached to this RFP.

14. “Lessee” refers to the Board/City Council’s approved Proposer that is awarded Lease Agreements by the County and City pursuant to this RFP process.

15. “Option Agreement” or “Option” refers to the option agreement between the County and approved Proposer. And City and approved Proposer that is awarded an option to lease by the County and City separately pursuant to this RFP process, the forms of which are attached to this RFP.

Driving Range and Golf Course RFP
7 16. “Premise” – Refers to County-owned land and improvements within APNs 613-363-02, -03, -04, -05 and a portion of APN 613-363-07 and the City-owned land and improvements withing APN X that is being offered for long-term lease pursuant to this RFP.

17. “Project” refers to the Proposer’s Development Plans, including the proposed leasing, planning, design, permitting, funding, development, construction, marketing, operation, management, and maintenance of the Property.

18. “Proposal(s)” refers to the formal response to this RFP submitted to the County by a Proposer(s).

19. “Proposer” refers to the individual, partnership, corporation, or any other legal entity that is submitting a Proposal in response to this RFP.

A. “Primary Proposer” or “Recommended Proposer” refers to the individual, partnership, corporation, or any other legal entity that is recommended to the Board/City Council as the highest ranked Proposer.

B. “Alternate Proposer” refers to the individual, partnership, corporation, or any other legal entity that is recommended to the Board/City Council as an alternate to the Primary Proposer.

20. “Request for Proposal” or “RFP” refers to this RFP, which includes the solicitation process wherein the Parties are seeking Proposals for a long-term ground lease.

21. “Shall” refers to a mandatory requirement.

Section I

Introduction and Instructions to Proposers

Driving Range and Golf Course RFP
7 County Property
SECTION I: INTRODUCTION AND INSTRUCTIONS TO PROPOSERS
A. INTRODUCTION
County Executive Office Real Estate (“CEO Real Estate”), on behalf of the County of Orange (“County”) and the Orange County Flood Control District (“District”), in partnership with the City of Lake Forest (“City”), issues this Request for Proposals (“RFP”) to solicit proposals from qualified entities (“Proposer(s)”) interested in entering into separate long-term ground leases for two distinct golf-related recreational properties. The successful proposer may enter into an Option and long-term Ground Lease with the County (“County Lease”) for the management and operation of a public golf driving range and concession amenities and a separate Option and long-term Ground Lease with the City (“City Lease”) for the management and operation of a public nine-hole golf course facility. For ease of reference, the County and District are referred to herein individually or collectively as the County and/or the District.

The Lake Forest Golf and Practice Center (“Premise”) is located at 23308 Cherry Avenue, in the City of Lake Forest, a vibrant suburban community with a population of approximately 86,000 residents. The facility has been operating for approximately thirty-five (35) years and includes both a public golf course, driving range, chipping area and putting green. The properties adjacent to the Premise were recently re-zoned, in 2022, as Urban Industrial 43. This designation permits up to 43 units per net acre, supporting higher-density development while encouraging a mix of uses.

The driving range, clubhouse/concession area, and associated amenities (“Driving Range Property”), are located on County-owned land, with the driving range contained within the El Toro Flood Control Retention Basin. The nine-hole golf course (“Golf Course Property”) is owned by the City and serves as a flood control overflow basin. As such, any proposed improvements must be consistent with the Orange County Flood Control Act and comply with the District’s flood control requirements.

The County and City seek a proposer with the expertise to creatively redesign the facilities and amenities to maximize the site’s potential, enhancing its recreational value to the community while ensuring compliance with environmental and District flood control regulations. The selected operator must balance high-quality recreational offerings and sustainability goals while creating a financially viable and well-maintained facility for the community.

B. PROPERTIES

The Driving Range Property consists of approximately X acres of land, and is currently operating as a public driving range, featuring 63 artificial turf bays divided into two tiers, along with a separate section of 13 natural grass bays. Additionally, 15 of the artificial turf bays are equipped with computer ball-tracking technology, offering an enhanced experience for golfers. As part of the proposed improvements, optimizing the configuration and functionality of the driving bays should be considered to modernize the facility, enhance efficiency and accommodate additional users and maximize revenue to the County.

In addition to the driving range, the property includes an approximately 3,000-square-foot clubhouse and concession area, also requiring modernization to offer enhanced amenities for patrons. Upgrades to this

Driving Range and Golf Course RFP
8 facility could include expanding the concession area, providing additional food and beverage options, and expanding retail options, all which could serve to improve the customer experience.

Also on-site is a parking area, with approximately 138 general parking spaces and six handicap-accessible spaces and serves as parking for both the Golf Course Property and the Driving Range Property. However, to better serve visitors, the parking layout requires improvement; the County is open to proposals that explore reconfiguration options, including redesigning the concession area, practice greens (putting and sand bunker areas) to allow for expansion of the parking lot and/or concession operations.

The County seeks a qualified operator to enter into a long-term ground lease to enhance the facility’s functionality, aesthetics, and overall user experience for long-term management and maintenance. The successful proposer will be expected to upgrade the driving range infrastructure, which may include modernizing hitting bays, improving lighting and netting, enhancing landscaping, and incorporating sustainability features such as water-efficient irrigation and stormwater-friendly design elements. Given its role in regional stormwater management, all proposed enhancements and modifications must comply with the Orange County Flood Control Act and District flood control requirements to ensure the site continues to function as a retention basin.

Proposers should present a clear and innovative vision for revitalizing the facility while maintaining a balance between recreational and environmental considerations. The County encourages creative design solutions to enhance the overall golfing experience, improve operational efficiency, and generate sustainable revenue. The ultimate goal is to transform the property into a premier community asset serving both golfers and the broader public.

City Property
The nine-hole Golf Course Property is a City-owned facility that serves as both a recreational asset and a designated flood control overflow basin. The course provides a unique opportunity to enhance golf and community amenities while ensuring all improvements align with flood management requirements. The property needs significant upgrades to modernize the course, improve playability, and enhance the surrounding natural areas.

The City of Lake Forest invites qualified and imaginative consultants to submit proposals to re-envision the 9-hole Lake Forest Golf and Practice Center. This project offers a unique opportunity to transform the site into a dynamic, multi-purpose destination for residents and visitors alike—combining recreational opportunities with social and leisure-focused enhancements. The successful proposer will be expected to upgrade course infrastructure, which may include redesigning fairways and greens, improving drainage and irrigation systems, enhancing playability, and incorporating environmentally sustainable features. Any proposed modifications must accommodate the site’s flood control function and integrate resilient landscaping and water management strategies.

In 2022, seeing an opportunity for revitalization, the City introduced mixed-use zoning and designated the industrial area adjacent to the Golf Center as Urban Industrial 43. This designation permits up to 43 dwelling units per net acre, supporting higher-density development while encouraging a mix of uses.

Proposers should present a strong vision for revitalizing the course while maintaining its accessibility and appeal to golfers of all skill levels. The City encourages creative solutions to improve the overall golfing

Driving Range and Golf Course RFP
9 experience, generate sustainable revenue, and establish the property as a high-quality recreational destination for residents and visitors alike.

RFP Property Boundary
The Project Boundary encompasses both the Driving Range Property and the Golf Course Property, forming a cohesive recreational and flood control management area. The project site is jointly overseen by the County of Orange and the City of Lake Forest, with each entity maintaining ownership of its respective property. The boundaries of the project are defined to include the full extent of the driving range and golf course, ensuring a comprehensive approach to site improvements, operational efficiency, and long-term sustainability.

The Driving Range Property, located within a District-owned flood control retention basin, is bounded by Jeronimo Road to the northeast, Cherry Ave to the northwest, and the BNSF railroad to the south. This property includes all existing driving range facilities, concession area/clubhouse, and associated infrastructure. Any proposed modifications shall conform with flood control operations while enhancing its use as a public golf practice facility.

The nine-hole Golf Course Property, owned by the City of Lake Forest, is situated adjacent to the driving range, and serves as a flood control overflow basin. The Golf Course Property is bounded by the BNSF railroad to the north and Los Alisos Blvd to the southwest. This property encompasses the entire golf course layout, including fairways, greens, water features, and ancillary structures. Any proposed enhancements must respect the dual function of the property, integrating necessary drainage and sustainability improvements while upgrading the course for recreational use.

The City is open to creative ideas that reimagine how portions of the golf course could be used. Proposals should focus on enhancing the facility through revitalization of the concession area located on County property and/or the creation of a new concession area on the 9-hole parcel. Additionally, beautification of the remaining City-owned property is a key objective.

The combined project area presents a unique opportunity to develop a modernized, well-integrated golf and practice facility balancing a high-quality recreational experience with essential flood management requirements. The selected operator will be responsible for overseeing improvements and operations, ensuring compliance with all applicable regulatory and environmental standards.

C. RFP VISION/GOALS/OBJECTIVES
The County and City are seeking proposals for creative development concepts, that re-imagine and beautify the Premises, and are compliant with the Orange County Flood Control Act. The County and City are seeking detailed, informative responses from experienced development teams and are open to all manner of proposals consistent with the District’s purpose and the requirements and limitations discussed herein.

Collectively, the County and City have established the following goals for this RFP:

1. Select a Proposer with sufficient experience, financial resources, entitlement and permitting experience (thinking of work that needs to be done in creek), and personnel which may enter into an Option Agreement and two separate long-term Ground Leases (one with the County and another with the City) to plan, design, permit, fund, develop, construct, renovate, operate, manage, and maintain the Property Morgan, James
2025-08-14 00:19:26
--------------------------------------------
Title is held by OCFCD.

Driving Range and Golf Course RFP
10 for public recreational use as a driving range and golf course, respectively, that shall not interfere with the District’s use of the property primarily for flood control purposes.

2. Proposer shall continue operating a driving range, concessionaire and golf course/practice area may develop and operate other recreational, and hospitality uses at the Property consistent with and subject to the reasonable operational restrictions set forth by the District, consistent with its flood control purpose.

3. Maximize the Premise visibility and prominence in the market, expand upon the recreational use and optimize the financial return to all parties.

4. The County seeks the following improvements for the Driving Range Property:

1. Upgraded Driving Bays – Optimize the configuration of the 63 artificial turf bays and 13 natural grass bays to enhance efficiency, improve the user experience, and maximize capacity.

2. Expanded Ball-Tracking Technology – Increase the number of bays equipped with computer ball- tracking beyond the current 15 to modernize the facility and attract more users.

3. Technology & Modernization – Explore adding tee-time management systems, mobile payment options, or other digital enhancements to improve efficiency.

4. Enhanced Clubhouse & Concession Area – Renovate and expand the 5,500-square-foot clubhouse to improve food and beverage service, add pro shop space, and create a more inviting atmosphere for visitors.

5. Improved Lighting & Netting – Upgrade range lighting for potential night use and replace or enhance safety netting, as needed.

6. Parking Lot Expansion & Reconfiguration – Improve the 138 general parking spaces and 6 handicap spaces and explore reconfigurations to increase parking capacity.

7. New Landscaping & Aesthetic Enhancements – Improve the facility’s visual appeal with new landscaping, shaded seating areas, and environmental enhancements.

8. Practice Area Enhancements – Reconfigure or expand the practice putting greens and sand bunker areas to provide a more comprehensive training experience.

9. Sustainability & Water Efficiency – Upgrade irrigation systems for water-efficiency and integrate stormwater-friendly landscaping solutions.

10. Compliance with Flood Control Requirements – Ensure all modifications align with the site's role and function as a flood control retention basin and support stormwater management efforts.

5. The City seeks the following improvements for the nine-hole Golf Course Property:

1. Maximize the Site’s Potential – Explore creative uses of underutilized areas to support new recreational or commercial opportunities while preserving the integrity of the golf course.

2. Golf Course Upgrades – Improve the nine-hole layout, including turf conditions, fairways, greens, and bunker placement, to enhance playability.

Driving Range and Golf Course RFP
11 3. Drainage & Irrigation System Enhancements – Modernize drainage and irrigation infrastructure to conserve water and improve turf health.

4. Natural Area Restoration – Implement sustainable landscaping and habitat restoration in flood control zones to improve environmental resilience.

5. Lighting Improvements – Upgrade existing lighting fixtures and install additional lighting as required to support revised site configurations.

6. Cart Paths & Course Infrastructure – Resurface cart paths, add directional signage, and improve safety and functionality of bridges or crossings where necessary.

7. Flood Control Integration – Ensure all course improvements align with the site’s role and function as a flood control overflow basin and support stormwater management efforts.

8. Invasive Species Management – Propose a strategy for the removal and long-term control of invasive plant species, particularly within the creek corridor.

9. Safety Netting – Assess current netting and recommend replacements or enhancements to ensure safety for all users and surrounding areas.

10. Reconfiguration of Use Areas – Evaluate disc golf, footgolf, and ability for other multi-recreational elements on site; potential return the site to a golf-focused facility that meets appropriate design and maintenance standards.

D. LAND USE, ENTITLEMENTS & PERMITTING
All Proposers shall be responsible for conducting their own review of the various documents and approvals relevant to the Property and shall not depend on any summaries set forth herein. All summaries are provided for convenience only.

The County is the land use authority for the Driving Range Property and the successful Proposer will be required to apply to the County for any necessary entitlements. The Property’s Lake Forest General Plan land use designation for the driving range is Community Park/Open Space. The Open Space category includes the Open Space (5) land use category and the Open Space Reserve (OSR) land use overlays. The golf course’s designation is Regional Park/Open Space. The Properties generally lie within the Open Space (5) land use category, while surrounding lands are in the Open Space Reserve (OSR) land use overlay, as shown in the depiction of the County’s General Plan Land Use Element Map in Exhibit 8. According to the County’s General Plan Land Use Element, the Open Space (5) category indicates the current and near-term use of the land, most of which is zoned agricultural. It is not necessarily an indication of a long-term commitment specific uses, except where one of the three overlay categories applies. The allowable uses within the Open Space (5) category from table III-1 of the County’s General Plan Land Use Element are included hereto as Exhibit XX.

E. CONSIDERATIONS
The basin resides in FEMA's Special Flood Hazard Area, Zone AR, with the City being the Floodplain Administration for this area. Any proposal should consider existing hydraulic analyses and demonstrate no impacts to capacity and its ability to convey ultimate discharge.

Driving Range and Golf Course RFP
12 F. STAKEHOLDERS
The following are the roles of the known public agencies and stakeholders:
1) Board of Supervisors – the governing board for the County and District that approves all matters related to County-owned and District-owned properties.
2) County Executive Office, Real Estate– the County departments that provide direct oversight for the project and real estate matters for the Driving Range Property. 3) County of Orange – the governing jurisdiction over land use planning, entitlement, constructing, permitting, and lead agency under the California Environmental Quality Act (“CEQA”). 4) City of Lake Forest - the governing jurisdiction over land use planning, entitlement, constructing, and permitting.
5) City Council – the governing body for the City of Lake Forest that approves all matters related to city-owned properties.
6) Orange County Flood Control District – a body corporate and politic, the owner of District property who provides flood control and protection for Orange County, with permitting authority over the subject Property in accordance with the California uncodified Water Code, Act 5682, section 2, also referred to as Water Code App. sections 36-1 et seq. (the “Orange County Flood Control Act”).

G. UTILITIES & OTHER INFRASTRUCTURE
There exists certain water, sewer, electric and gas (“Utilities”) at the Property. The successful Proposer, at its sole cost and expense, shall bear the sole financial responsibility for all Utility connection fees, design, construction, installation costs and any costs associated with compliance with County, City, or utility provider requirements.

Analysis, testing and due diligence of existing environmental conditions shall be at the Proposer’s sole expense. Proposers shall comply with all federal, state, and local environmental regulatory requirements associated with the development, operation, and maintenance of the Property.

H. TAXES
Applicable property tax and all tax related to the Property and the Proposal will be the sole responsibility of the Proposer. The Proposer is responsible for paying any Possessory Interest Tax (“PIT”) that may become due for the land and improvements due to the Lease. The Proposer is responsible for any such taxes that may become due and is responsible for payment of all such taxes, including PIT. These interests are typically found where private individuals, companies, or corporations lease, rent or use government-owned facilities and/or land for their own beneficial use.

I. NO WARRANTIES OR REPRESENTATIONS
The Property is offered for recreational use development, option, and long-term ground lease to the Proposer “AS-IS / WHERE-IS” AND WITHOUT WARRANTY OR REPRESENTATION. It is the Proposer’s sole

Driving Range and Golf Course RFP
13 responsibility to verify all existing land uses, zoning, environmental conditions, permits, entitlements, improvement and utility conditions, Property encumbrances, metes and bounds, total acreage, and the feasibility of the Proposer’s proposed Project, including Development Plan. It is also the Proposer’s sole responsibility as part of its due diligence to confirm the size, configuration, and condition(s) of the Property, including, but not limited to, title and environmental conditions. County and City make no representations or warranties as to the accuracy, completeness, or pertinence of any and all documents referenced in this RFP or otherwise, and, in addition, County and City shall not be responsible for any conclusions Proposer may draw therefrom. Proposer assumes all risk when relying on the information provided by the County, City, or any of its employees, contractors, or agents.

J. RFP SCHEDULE
The County reserves the right to amend this RFP and the following proposed key dates.

TABLE 1: RFP SCHEDULE
Release of the Request for Proposals (RFP) XXX, 2025
Written Questions from Proposers due by 4:00 P.M. XXX, 2025 Proposal Due/RFP Closing Date and Time - 4:00 P.M. XXX, 2025 RFP Proposer Interviews XXX, 2025
County Board Approval of Recommended Proposer TBD
Negotiate Option and Master Lease Agreements TBD
County Board Approval of Option and Master Lease
Agreement TBD
City Council Approval of Option and Master Lease
Agreement TBD
TBD

K. INSTRUCTIONS TO PROPOSERS AND PROCEDURES FOR SUBMITTAL

1. Proposal Due Date and Submission:

Proposals are due by 4:00 P.M. Pacific Daylight Savings Time on the date as specified on the Cover Page and are to be emailed to the County Project Contact, Mr. George Cardenas, at

Driving Range and Golf Course RFP
14 [email protected]. The email subject line should read “Driving Range and Golf Course Long- Term Ground Lease Opportunity”. A confirmation email will be sent to each Proposer indicating receipt of Proposal. If Proposal is too large to send via email, email the County Project Contact to arrange for alternative method of delivery.

It is the responsibility of the Proposer to ensure the delivery is made to the address stated above on or before the Due Date and Time. Delivery receipts are available upon request. The County and City will not consider submittals or modifications thereof received after the Due Date and Time. Failure by a messenger delivery service or printing service to meet the deadline will not excuse the Proposer from the deadline requirement.

2. Format and Copies:

Each Proposer must provide: One (1) signed original: twelve (12) copies and additionally one (1) “soft” copy in Word and PDF on CD, DVD or flash/thumb drive of their Proposal. The original signature copy is to be clearly marked as “ORIGINAL” on the outside cover and contain original ink signatures.

All proposals shall be submitted on standard 8.5 x 11-inch paper. Maps and spreadsheets shall be submitted on 11 x 17-inch paper. All pages must be numbered and identified sequentially by section.

Proposals must be tabbed and indexed in accordance with the information requested in Section II, Proposal Response Requirements.

3. Questions:

All questions must be submitted in writing via e-mail to the County Project Contact at [email protected] on the date as specified on the Cover Page. Please reference the RFP name in the subject line of e-mail. Do not discuss this RFP or your Proposal, directly or indirectly, with any County, City elected official, officer, staff, or employee other than the County Project Contact. The County and City will only acknowledge and respond to written questions. Telephone calls regarding this RFP are NOT permitted. If you suspect an error in this RFP, please notify the County in the manner stated herein.

Failure to adhere to these instructions may be grounds for disqualification.

4. Clarifications:

The County and City have attempted to provide all information available. It is the responsibility of each Proposer to review, evaluate, and, where necessary, request any clarification prior to submission of a Proposal. If any Proposer is in doubt as to the true meaning of any part of the solicitation documents attached hereto or finds discrepancies in or omissions from the specifications, they may submit a written request for clarification/interpretation to the County Project Contact at [email protected].

5. Submittal Response Checklist:

Proposers responding to this RFP must comply, exactly and completely, with the instructions and procedures for this RFP. Each Proposal must include a completed Submittal Response Checklist (Attachment E) verifying that the Proposal includes all the required information. A Proposal that does not include all the information may be deemed non-responsive.

6. Conflict of Interest:

Driving Range and Golf Course RFP
15 Each Proposer shall exercise reasonable care and diligence to avoid submitting a Proposal that could result in a conflict of interest if Proposer were to be selected as the Primary Proposer. This obligation shall apply to the Proposer; the Proposer’s employees, agents, and relatives, sub-contractors, and third parties associated with accomplishing work and services in Proposal. In the event Proposer has done work for the County or City on this Project in the past or has reason to believe that a conflict of interest may exist for Proposer regarding this Project, Proposer should consult with its legal counsel prior to responding to this RFP. Any Proposer who is found to have an actual conflict of interest may have its Proposal rejected on that ground.

7. Communications:

After this RFP has been issued, any Proposer or member of a Development Team that undertakes to discuss any matter related to this RFP with anyone within the County or City other than the identified County Project Contact may be presumed to have gained an unfair competitive advantage and may be disqualified. All communications regarding this RFP and any matter related thereto shall be in accordance with this RFP.

8. Property of County/City:

All materials and documents received by County in response to this RFP shall become the property of the County and City and will not be returned to the Proposer. Regardless of the Proposer selected, the County and City reserve the right to use as permitted by law any and all information contained in such materials and documents.

9. Confidentiality and Public Records Act:

All materials submitted in response to this RFP will remain confidential until the conclusion of negotiations and execution of a Lease, unless otherwise ordered by a court of competent jurisdiction. All Proposals and supporting documents will be subject to the provisions of the California Public Records Act (California Code Government Code 6250 et seq.) (“PRA”) and will be disclosed or withheld in accordance therewith.

Proposers should not request that certain information be treated as exempt, and statements in the Proposals should not be marked as confidential or proprietary. In the event that any information is marked as confidential or proprietary, as it may be absolutely necessary, Proposers have the sole responsibility of obtaining any applicable injunctive reliefs to prevent the disclosure of such confidential proprietary information in connection with any request made to County or City pursuant to the PRA or a subpoena for disclosure of such information.

In the event of litigation concerning the disclosure of any information submitted by the Proposer in connection with this RFP and wherein the County and City are not a party or parties, the sole involvement by the County and/or City will be as a stakeholder, complying with all applicable laws concerning the disclosure of such information. The Proposer, at its sole expense and risk, shall be responsible for any and all fees and costs for prosecuting or defending any action concerning the disclosure of such information, and shall indemnify and hold the County and City harmless from all costs and expenses, including attorney’s fees County and/or City incur in connection with any such action.

10. Bidder Reimbursement Prohibition:

Driving Range and Golf Course RFP
16 The County and City shall not be liable for any costs or expenses incurred by Proposers, Development Teams or their vendors in connection with the preparation and submission of their Proposals, as well as the negotiation of the terms and conditions of the Option and Master Lease. The County and City may, in their sole discretion, require the Proposers to participate in an on-site interview and/or a presentation of their proposed Development Plan. Proposers shall be solely responsible for all costs associated with such interview or presentation. By submitting a Proposal, the Proposer waives all right, if any, to seek payment for aforesaid costs.

11. Right of Rejection:

The County and City reserve the right to: (1) Accept or reject any and all Proposals or any part of any Proposal, and to waive minor defects or technicalities in same; (2) Request clarification of any information contained in a Proposal; (3) Solicit new Proposals on the same project, or on a modified project, which may include portions of the original RFP, as the County may deem necessary; (4) Disregard all non- conforming, non-responsive, or conditional Proposals; (5) Reject any Proposal that does not pass the evaluation to the satisfaction of the County and City; (6) Allow for the correction of errors and/or omissions; (7) Select the Proposal that will best meet the needs of the County and City; and (8) Negotiate an Option and Master Lease with the Primary Proposer or Alternate Proposer.

In no event shall the County and City be bound by, or liable for, any obligation with respect to a proposed Project by a Proposer until such time (if at all) a Lease between the County, City and the Proposer, in form and substance acceptable and satisfactory to the sole discretion of County and City, has been approved by the Board and City Council for each of the properties.

12. Protest Procedures:

In the event a Proposer believes that this RFP solicitation is unfairly restrictive, or ambiguous or contains conflicting provisions or the Proposer believes that any resulting Lease would be commercially impractical to perform, the Proposer must file a written protest with the County Project Contact. • Protest Procedure: All protests shall be typed under the protestor’s letterhead and submitted in accordance with the provisions stated herein. All protests shall include at a minimum the following information:
o The name, address and telephone number of the protestor; o signature of the protestor or the protestor’s representative; o solicitation or contract number;
o detailed statement of the legal and/or factual grounds for the protest; and o form of relief requested.
• Protest of RFP Specifications: All protests related to the RFP specifications must be submitted to the County Project Contact no later than thirty (30) business days prior to the Proposal due date.

Protests received after the thirty (30) business day deadline will not be considered by the County. o In the event the protest of the RFP specifications is denied, and the protester wishes to continue in this solicitation process, they must still submit a Proposal prior to the

Driving Range and Golf Course RFP
17 close of solicitation in accordance with Proposal submittal procedures provided in this RFP.
• Protest of Award of the Option and/or Lease (Contract): In protests related to the award of Contract, the protest must be submitted no later than five (5) business days after the notice of proposed Contract award is provided by the County Project Contact. Protests relating to a proposed Contract award, which are received after the five (5) business day deadline will not be considered by the County and City.
o Protest Process
• In the event of a timely protest, the County and City shall not proceed with the solicitation or award of the Contract until the County Project Contact or the Procurement Appeals Board renders a decision regarding the protest. • Upon receipt of a timely protest, the County Project Contact will within ten (10) business days of the receipt of the protest, issue a decision in writing which shall state the reasons for the actions taken.
• The County and City may, after providing written justification, make the determination that an immediate award of the Contract is necessary to protect the substantial interests of the County and City. The award of a Contract shall in no way compromise the protester’s right to the protest procedures outlined herein.
• If the protester disagrees with the decision of the County Project Contact, the protestor may submit a written notice to the Office of the County Purchasing Agent requesting an appeal to the Procurement Appeals Board, in accordance with the process stated below.
o Appeal Process
• If the protester wishes to appeal the decision of the County Project Contact, the protester must submit, within three (3) business days from receipt of the County Project Contact’s decision, a written appeal to the Office of the County Purchasing Agent.
• Within fifteen (15) business days, the County Purchasing Agent will review all materials in connection with the grievance, assess the merits of the protest and provide a written determination that shall contain his or her decision on whether the protest shall be forwarded to the Procurement Appeals Board.
• The decision of the County Purchasing Agent on whether to allow the appeal to go forward will be final and there shall be no right to any administrative appeals of this decision.

L. EVALUATION PROCESS AND CRITERIA

Driving Range and Golf Course RFP
18 An Evaluation Committee will conduct evaluations of the Proposals. The committee will consider the information supplied or not supplied by Proposers. If it finds a failure or deficiency in the Proposals or any information provided in connection thereto, the Evaluation Committee may reject said Proposal or information or reflect the failure or deficiency in the evaluation.

The County and City may request clarifications, or otherwise verify the contents of the Proposal, including information about the Proposer, Development Team members, consultants, and sub-consultants. If the County and City consider clarification or interpretation of this solicitation necessary, a written addendum shall be issued. Any addenda issued will become part of the RFP. Each Proposer must follow the directions in the Addenda. The County and City reserve the right to seek publicly available information about the Proposers and their Development Teams.

Proposals will be evaluated on the basis of the responsiveness to the questions and requirements in this RFP. Proposals will be competitively evaluated on the basis of the following criteria listed in a random sequence to their order of importance:
• Demonstrated understanding of RFP Objectives
• Quality of the proposed Development Plan
• Feasibility of proposed Development Plan
• Composition of the proposed Development Team
• Relevant experience of proposed Development Team
• Project Schedule and Phasing
• Quality of the Proposer’s proposed Financing Capability and Structure • Financial Offer
• Proposed Option and/or Ground Lease Amendments and Exceptions • Public Benefit
• Completeness of Submittal
• Oral Interview, as needed
The County and City will mutually conduct Oral Interviews with Proposers, as needed. Proposers shall be ready to attend the Oral Interview within fifteen (15) business days of notification. The County and City may also send written questions and ask for written responses within five (5) business days. The interviews will be evaluated based on the following criteria listed in a random sequence to their order of importance:

• Presentation / Communication Skills
• Project Lead / Key Team Members
• Proposer’s response to questions

Driving Range and Golf Course RFP
19 • Overall understanding of the Project and articulation of Project Vision Proposals will be scored based on established criteria, which have been weighted and will be assigned points that measure the responsiveness to each identified criterion.

M. SELECTION
The total number of points earned for the written Proposals and Oral Interviews will be combined for each Proposer, and rank ordered. Based on said ranking, the Evaluation Committee will recommend a Primary Proposer and Alternate Proposer for Board approval. The Primary Proposer will be submitted to the Board and City Council for respective approvals to enter into Option and Master Lease negotiations.

It is the intention of the County to negotiate an Option and Lease (with the Primary Proposer, as approved by the Board and the City to also negotiate its Lease with approval of its City Council. Should the parties fail to reach agreement on Option and/or Master Lease terms, County and City may begin negotiations with an alternate Proposer. The County and City reserve the right to make no award or award the Contract in its entirety to a sole Proposer.

N. FORM W-9 REQUIREMENTS
Department of the Treasury, Internal Revenue Service Form W-9 Requirement Effective June 3, 2006, all Contractors, entering a contract with the County, who are not already established in the Countywide Accounting and Personnel System (CAPS) as an Auditor-Controller vendor, will be required to submit to the County a federal Form W-9, or form W-8 for foreign vendors. The County will inform the Primary Proposer, at the time of award, if the Form W-9 or W-8, will be required.

In order to comply with this County requirement, within ten (10) days of notification of selection of award of Contract but prior to official award of Contract, the Primary Proposer agrees to furnish to the County Project Lead, or the agency/department deputy-purchasing agent, the required W-9 or W-8. A 587/590 Form may be required for out of State Proposers.

O. LEVINE ACT REQUIREMENTS

Senate Bill 1439 (2022) makes Government Code section 84308, otherwise known as the “Levine Act”, applicable to members of the Board and other County officials, effective January 1, 2023.

To facilitate the County’s compliance with the Levine Act, each Proposal shall contain a completed Campaign Contribution Disclosure Form, which is attached hereto in Attachment B. When completing the form, please provide the requested information in relation to contributions made within the last twelve (12) months.

Failure to complete the Campaign Contribution Disclosure Form may delay or prevent County staff from presenting your Proposal to the Board for consideration, if applicable.

P. COUNTY OF ORANGE LOCAL SMALL BUSINESS (OCLSB) AND DISABLED VETERAN BUSINESS ENTERPRISE

PREFERENCE POLICIES

Driving Range and Golf Course RFP
20 1) OCLSB: Effective January 1, 2020, the Orange County Board of Supervisors adopted the OCLSB Preference policy. Implementation of the OCLSB Preference policy supports local businesses, the local economy, and the development of the County’s tax base.

To be certified as a Local Small Business by the County, a business shall meet (1) and (2) below:
(1) Local Business requirements:
(a) Maintains their principal center of operations (i.e., headquarters) within Orange County; and, (b) Has:
(i) a business address located in the County that is not a post office box, or (ii) a valid business license or certificate of occupancy issued by the County or by an Orange County city, or other documentation acceptable to the County. (2) Small Business Requirements:
(a) Must be certified as a Small Business by the State of California Department of General Services (DGS); and,
(b) DGS Small Business requirements must be valid at the time of bid/proposal submittal.

2) DVBE: Effective January 1, 2021, County of Orange Board of Supervisors adopted the DVBE Preference policy. The DVBE Preference policy supports local business opportunity, economy, and the development of the County’s tax base and in addition recognizes the service and sacrifice given by the men and women of our Armed Forces.

To be certified as a Disabled Veteran Business Enterprise by the County, a business shall meet (1) and (2) below:
(1) Must be certified as a DVBE by the State of California Department of General Services (DGS); and, (2) DGS DVBE requirements must be valid at the time of bid/proposal submittal.

To p
articipate as an OCLSB and/or DVBE please read and follow the process outlined in Attachment C – COUNTY

OF ORANGE LOCAL SMALL BUSINESS (OCLSB) AND DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) CERTIFICATION REQUIREMENTS.

Q. COMPLIANCE REVIEW
Effective October 8, 2024, the County is requiring your organization to remain in good standing by ensuring that your entity is active and current with all registration status requirements. The following checks will be conducted during the County’s compliance review:
• The State of California Department of Justice requires charitable organizations to comply with the Office of the Attorney General’s registration and reporting requirements at:
o https://rct.doj.ca.gov/Verification/Web/Search.aspx?facility=Y. • The County requires active registration on:
o Duns & Bradstreet (https://www.dnb.com/duns/get-a-duns.html) o California Secretary of State (https://bizfileonline.sos.ca.gov)

Driving Range and Golf Course RFP
21 o System for Award Management (https://sam.gov/content/home)

Driving Range and Golf Course RFP
0 Section II - Response Requirements
SECTION II: RESPONSE REQUIREMENTS
Proposals must be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness and clarity of content with sufficient detail to allow for accurate evaluation and comparative analysis.

Proposals must include two tabbed sections, Part 1 & Part 2, and must be indexed in the order outlined below. List questions and your responses and/or attachments as numbered and listed within each section.

Part 1:
(Complete this section and submit as Part 1 in the first tabbed section of Proposal.)

1. Cover Letter/Executive Summary
All Proposals must be accompanied by the cover letter of introduction and executive summary of the Proposal. The cover letter must be signed by person(s) with authority to bind the Proposer. An unsigned or improperly signed Proposal submission is grounds for rejection of the Proposal and disqualification from further participation in this RFP process. All Proposals shall include in this first tabbed section, the Cover Page of this RFP and any subsequent addenda issued to this RFP with appropriate signatures as required.

2. Proposer Profile
A completed and signed Proposer Profile, Attachment F, must accompany all Proposals.

3. Campaign Contribution Disclosure Form

A completed and signed Campaign Contribution Disclosure Form included in Attachment B , must accompany all Proposals.

4. Submittal Response Checklist
A completed Submittal Response Checklist, Attachment E, verifying that the Proposal includes all the required information, must accompany all Proposals. An unsigned and/or incomplete Submittal Response Checklist may deem the Proposal non-responsive.

5. Validity of Proposal
The County and City require that all Proposals be valid for at least 365 days. Submissions not valid for at least 365 days will be considered non-responsive. The Proposer shall state the length of time for which the submitted Proposal shall remain valid below:

Validity of Proposal (in days) Legally Authorized Signature (required)

Driving Range and Golf Course RFP
1 6. Certification of Understanding
The County and City assume no responsibility for any understanding or representation made by any of its officers, employees, or agents during or prior to the execution of any Contract resulting from this solicitation unless:

A. the binding nature of such understanding or representations is expressly stated in the Contract; and
B. the Contract expressly provides that the County and City therefore assumes the responsibility.

Representations made but not expressly stated and for which liability is not expressly assumed by the County and City in the Contract shall be deemed only for the information of the Proposer.

By signing below, Proposer certifies that such understanding has been considered in this response.

Legally Authorized Signature (required)

7. Certificate of Insurance
The Proposer shall certify its willingness and ability to provide the required insurance coverage and certificates commensurate with the scope of the Project proposed herein.

Legally Authorized Signature (required)

8. Form W-9 Requirements
The Proposer shall certify its willingness and ability to provide Form W-9 Requirements as indicated in Section I by signing below.

Legally Authorized Signature (required)

9. Statement of Compliance
A statement of compliance with all parts of this RFP or a listing of exceptions and suggested changes must be submitted in response to this RFP. Proposer must certify either A or B by signing below:

A. This response is in strict compliance with said Request for Proposals and no exceptions thereto are proposed.

Legally Authorized Signature (required)
OR
B. This response is in strict compliance with said Request for Proposals except for those proposed exceptions listed in a separate attachment hereto.

Driving Range and Golf Course RFP
2 Legally Authorized Signature (required)

 Attachment for each proposed exception must include:
i. the RFP page number and section of the provision Proposer is taking exception to; ii. complete provision Proposer is taking exception to; iii. Proposer’s suggested rewording;
iv. reason(s) for submitting the proposed exception; and v. any impact the proposed exception may have on cost, scheduling, or other areas.

10. Option Payment
The Proposer shall certify its willingness and ability to provide the required Option Payment as indicated in Section II by signing below (DO NOT submit at this time).

Legally Authorized Signature (required)

11. Good Faith Deposit
The Proposer shall certify its willingness and ability to provide the required Good Faith Deposit as indicated in Section II by signing below (DO NOT submit at this time).

Legally Authorized Signature (required)

12. Conflict of Interest
Proposer must certify either 1 or 2 by signing below:

1. Proposer certifies current/past financial, business, or other relationship(s) with the County and/or City exist/existed as follows:
i. Disclose any financial, business, or other relationship with the County and/or City, any other entity that the County Board of Supervisors or City’ City Council governs, or any County Board member, City Board member, officer, or employee, which may have an impact, effect, or influence on the outcome of the services you propose to provide. Provide a list of current clients, employees, principals, or shareholders (including family members) who may have a financial interest in the outcome of services you propose to provide. ii. Disclose any financial, business, or other relationship within the last three (3) years with any firm or member of any firm who may have a financial interest in the outcome of the work.

Driving Range and Golf Course RFP
3 Legally Authorized Signature (required)

OR
Proposer certifies that no relationships exist/existed as outlined in item 1 above.

Legally Authorized Signature (required)

Driving Range and Golf Course RFP
4 13. Litigation
Proposer must certify either 1 or 2 by signing below:

1. Proposer certifies current/past litigation as follows:
i. Proposer shall provide detailed information regarding any litigation (court and case number), liens, or claims involving Proposer, or any company Proposer holds a controlling interest in, or any company that holds an interest in Proposer, or any of the principal officers of the Proposer’s firm in the past seven (7) years.
ii. Proposer shall provide detailed information regarding any litigation (court and case number), liens, or claims involving any proposed subcontractors, or any company proposed subcontractors hold a controlling interest in, or any company that holds an interest in subcontractor firm(s), or any of the principal officers of the subcontractor’s firm in the past seven (7) years.

Legally Authorized Signature (required)

OR

2. Proposer certifies that Proposer or proposed subcontractors do not have any past or current litigation.

Legally Authorized Signature (required)

14. Name/Ownership Changes
Proposer must certify either 1 or 2 by signing below:

1. Proposer certifies past company name changes and/or ownership changes as follows:
i. Proposer shall provide detailed information regarding any company name changes (including legal business names) in the past seven (7) years. ii. Proposer shall provide detailed information regarding any company ownership changes (including legal business names) in the past seven (7) years. iii. Proposer shall provide detailed information regarding any company name changes for proposed subcontractors (including legal business names) in the past seven (7) years.

Driving Range and Golf Course RFP
5 iv. Proposer shall provide detailed information regarding any company ownership changes for proposed subcontractors (including legal business names) in the past seven (7) years.

Legally Authorized Signature (required)

OR

2. Proposer certifies that Proposer or proposed subcontractors have not had any company name changes or ownership changes in the past seven (7) years.

Legally Authorized Signature (required)
Part 2: Proposer’s proposal
(Complete this section and submit as Part 2 in the second tabbed section of Proposal.)

A. PROJECT TEAM
1) Management and Staffing - Proposer must include an organization chart that describes the Development Team, anticipated team structure and key team staff for the entitlement, construction, and operation phases of their Proposal.

Proposer must identify the individuals occupying the positions shown and state the length of experience of these key individuals in their respective fields, as presented in the organizational chart. Resumes are to be included for the key individuals who will be managing, directing or supervising the entitlement, construction and operation phases of the Project. Proposer shall provide sufficient detail to indicate a chain of executive authority from the president or comparable chief executive down through to the project director(s) who will be directly responsible for Project delivery on schedule and on budget and Lease compliance.

The resources, in terms of personnel, equipment, material and supplies to be used on the Project must be available and not committed to other projects. Accordingly, the Proposal must include an affirmative commitment to provide all key management personnel identified in the Proposal on a full-time basis for the periods necessary to fulfill their responsibilities.

Proposers shall be licensed as required by applicable laws. Architects, engineering, and construction contractors must possess the necessary credentials to conduct business in California. Proposers with out-of-state headquarters or corporations not incorporated in California must include with their Proposal a copy of their respective registration or authorization or other legal document to do business in California. Proposers must submit their evidence or certificate of good standing with the California Secretary of State.

Driving Range and Golf Course RFP
6 If subcontractors will be used, there must be a description of their qualifications and experience relevant to their anticipated involvement in the Project. Letters of agreement to participate, as subcontractors, must be submitted from each participant. Proposers must submit evidence or certificate of good standing with the California Secretary of State for their proposed subcontractors. 2) Structure of Proposer - Proposer must include a detailed discussion of its legal and ownership structures including providing copies of its organizational documents (i.e., partnership or operating agreement, articles of incorporation or organization, bylaws, or equivalent documents).

If Proposer is a joint venture, each party to the venture must be identified and the roles that each will have in the development and/or operation of the Project must be described. A letter of agreement to participate in the joint venture as well as the percentage of participation must be submitted from each joint venture partner.

The Proposer must represent and warrant that (i) Proposer has the power and authority to execute and deliver the Proposal, and (ii) the Proposal has been duly and validly executed and is a legal, valid and binding obligation of Proposer.
3) Experience and Qualifications - Provide a brief description of the Development Team’s experience and qualifications, particularly relative to the proposed Project. Proposer must include two (2) projects completed within the last seven (7) years that indicate relevant experience and success in delivering projects similar to their proposed Project. Projects should highlight work experience of the proposed Development Team members and highlight the Proposer’s success in delivering development projects similar to the proposed Project.

For each of the two (2) highlighted development project examples, provide the following information:
• Name, location, and owner
• Total development cost
• Nature of your team’s involvement (scope of services provided) • Development program including land area and description of recreational use(s) • Members of the Development Team that participated on the project • Year of predevelopment start and year completed

B. PROJECT VISION
Proposer shall describe the overall proposed Project Vision, including a summary of its approach to this opportunity, how it anticipates that the proposed Development Plan will achieve the goals/objectives of its proposed Project, and highlight the strengths the Proposer, its Development Team and approach will bring to the Project. Include a summary of Proposer’s:
• Plan and timing to implement its Development Plan for the Proposal;

Driving Range and Golf Course RFP
7 • Ability and plan to finance the Project without subordinating the Property; • Marketing plan and if applicable, leasing plan for the Project; • Parking and circulation plans during construction and the term of the Lease; • Management and operations plan for the Project during the Lease term; and • Financial offer to the County and City

C. DEVELOPMENT PLAN

1. Certain Goals for a Development Plan include:
o Improving the long-term overall performance of the Property through recreational use development which shall include a public fishing concession o Minimizing impact to the environment by providing a high level of environmental stewardship
o Providing high-quality facilities
o Providing resource efficient (water and energy), high performing facilities utilizing green building or sustainable construction, operation and maintenance techniques where required (e.g., California Code of Regulations, Title 24), appropriate and feasible o Minimizing short-term and long-term maintenance and energy costs o Minimizing the duration of initial reconstruction and future renovations o Demonstrating the best life-cycle solutions for the Property o Accommodating periodic renovation, expansion, realignment of services with minimal interruption or interference to services or operations
o Effectively plan, maintain and manage the Project portfolio life cycle costs for long-term results using industry standard “best management practices methodologies” o Employ quantifiable and verifiable metrics to demonstrate performance, utilization and operational efficiencies are being improved and/or maintained to industry standards o Provide and describe in detail the proposed Development Plan, including site plans, a budget, a schedule, a leasing plan, and a parking and circulation plan for the Property

2. Site Plans, Architectural Drawings and Renderings
Proposer shall prepare and submit the following for the Property:
• Each plan shall, at a minimum, be of schematic design form and quality, which shall include an initial design scheme that seeks to define the general scope and conceptual design including scale and relationships between building components.

Driving Range and Golf Course RFP
8 • A site demolition and removal plan indicating improvements and utility elements that will be demolished.
• A construction mobilization and staging plan which shall identify the location and configuration of construction staging areas, temporary access routes and parking areas. • A site Development Plan that shows the redeveloped site including landscape, parking (including handicap parking), entrances, traffic flow and circulation, sidewalks and pedestrian access paths, bike lanes, trash facilities and screening, outdoor seating, open space and recreation areas, signs, loading, delivery and storage spaces, and architectural elements.
• Building elevations, including building height, detailed exterior building materials, colors, and description of any special building treatments.
• Schematic floor plans indicating functional areas.
• A basis of design - narrative and analytical documentation to explain how the project goals/requirements are met by the proposed design. It describes the technical approach used for system selections, integration, and sequence of operations, focusing on design features critical to overall performance. Include a basis of design for architecture and civil, environmental, structural, mechanical, electrical, plumbing, communication and fire protection engineering. Include finish materials, key equipment proposed, and the capability for expansion.

3. Budgets
A detailed description of anticipated hard costs, soft costs and financing costs to design, construct, finance, operate and maintain, and lease the entire Project including:
• A detailed description of Proposer’s plan to finance costs of entitlement, design and construction, including the mix and material terms of equity and debt financing. • A pre-development sources and uses budget. These costs should include all estimated pre- development costs necessary to complete the entitlement, permitting, and CEQA processes. Provide any background or supporting information to verify the funding for pre- development costs.
• A development budget for all direct/hard and indirect/soft costs and financing expenses.

Cost and expense detail should include lease payments, hard construction costs, parking costs, on and off-site infrastructure and mitigation costs, all indirect soft costs, and all construction financing costs. Soft development costs should be detailed as appropriate, including architecture and engineering, construction insurance, legal fees, developer overhead, administration, brokerage fees and leasing commissions, and lease reserves. The detailed development budget should be consistent with the estimated phasing plan for the budget.

Driving Range and Golf Course RFP
9 4. Schedule
A detailed schedule for the proposed development of the Property including:
• A summary timeline or other similar graphic representation of the Development Plan for the Project. Each schedule should focus on significant portions of work or milestones. • A detailed development schedule indicating expected timeline for due diligence, environmental reviews, entitlements, design, permitting, financing, community engagement, phasing of construction, leasing and anticipated absorption rates. • A detailed explanation, qualifications, assumptions, or other relevant discussion to explain each estimated schedule.
• A detailed description of Proposer’s approach to identifying critical path issues to ensure adherence to Project budget and schedules.

5. Entitlements and Permitting
An evaluation of existing entitlement and, if applicable, a detailed explanation and approach for obtaining new entitlements, permits, amendments and approvals anticipated to allow for the construction of the Development Plan and which will support the RFP goal of maximizing the recreational use development potential for the Property.

6. Marketing and Leasing
A plan to attract and recruit tenants, customers, residents, businesses and individuals to the Property, including:
• If Letters of Interest are available from potential users or tenants, please include with the Proposal. • Provide a market analysis with specific detail and analytics to establish the market support for the proposed tenants and uses based upon analysis of demand generators, competitive supply, market pricing, competitive position and anticipated market share and capture. The market analysis shall identify primary and secondary markets for the Property, as applicable. • Provide a marketing plan with specific detail about the proposed marketing approaches for each targeted market segment and a description of the strategies utilized for attracting and strengthening those markets, such as how and where the Property will be advertised. Specific discussion shall be presented as to marketing strategies to attract international business, recreational and the leisure tourist markets.
• Describe the expected lease-up period, amount of lease commissions, and assumed escalation and inflation rate assumptions. Describe any evidence of pre-leasing commitments, expected anchor tenants and in-line tenants. Describe in detail any financial assumptions or conditions affecting the financial feasibility of the Project.

Driving Range and Golf Course RFP
10 D. CAPITAL STRUCTURE, FINANCIAL CAPABILITY AND FEASIBILITY

1. Capital Structure and Financial Capability
Proposer shall include a financial plan, which provides evidence of Proposer’s aptness to finance, bond and ensure completion of the Project as contemplated in the Proposal so that an objective determination can be made regarding the Proposer’s ability to complete of undertaking the Project, and the managing of the Property during the term of the Lease.

A Proposal shall indicate the anticipated source of Project funding, both in the construction and permanent financing phases. Describe anticipated capital structure terms, including anticipated leverage ratios, debt interest rates, target investment rates, loan terms, financing costs, and any other relevant Project financing assumptions.

Proposer must demonstrate its ability to source equity and debt capital from credible sources to undertake and successfully complete the construction, operation, and management of the Project.

Proposer shall provide at least a three (3) year financial history detailing financial soundness, financial capability, background in obtaining complex financial commitments, specifically detailing the type of project, financing source, and amounts committed. Proposer shall detail the amount of capital, size of the Project and any other pertinent information that will assist the County and City in determining the capability, availability of equity and debt to fund the Project.

Proposers shall provide a letter of commitment from each capital source for the proposed Project.

2. Financial Feasibility
Proposals shall include:
• Detailed financial feasibility models and cash flow analyses for the Project. The financial feasibility shall be presented to allow for a clear understanding of the revenue and capital inflows and expense and debt outflows, specifically including the projected tenant rents, operating expenses, debt service and any rent or other financial return to the County and City over the Board/City Council approved Lease term.
• An Internal Rate of Return (“IRR”) cash flow analysis integrating revenues, operating expenses, renovation costs, and debt service for the construction period and term of the Lease. IRR revenue projections shall be reasonable and realistic and shall be based on relative historic data whenever possible. The analysis shall be structured and presented in a manner, which enables the testing of alternate assumptions on the financial feasibility of the Project. • All financial models shall be provided in a useable Excel format.

3. References
Proposer must provide at least three (3) business references for all organizations that will principally be involved in the financing, development and operation of the Project. References for each organization should be for projects that are similar to the Development Plan.

Driving Range and Golf Course RFP
11 E. FINANCIAL OFFER
Proposer shall describe in detail the formulation and amount of Proposer’s financial offer to the County and City during the term of Lease, which shall describe the following:
• The financial offer for the Property, including proposed minimum base rents and percentage rents and the basis for periodic escalations and adjustments. • A detailed explanation of the basis of Proposer’s financial offer so that the County and City can understand the rationale of the offer and why other types, percentages and amounts of rent are not offered.
• The sources of and projected amounts of all revenues from which the financial offer is derived and of all expenses that will be offset against such revenues. • The County and City requires an option payment of not less than $30,000. • Any offer for the County and City to financially participate in the proceeds from a sale and a refinancing of the leasehold estate by Proposer.
• Any other financial terms or offer from Proposer.

F. MANAGEMENT AND OPERATIONS

1. Proposer shall describe a methodology for operation of the Property, which shall include:
• A safety and security plan including use of private security if appropriate. • A parking management strategy incorporating short term and long-term solutions during planned infrastructure improvements and regular operations to maximize the ease and availability of parking/loading spaces.
• A quality service plan including oversight of transitions from the current operators, operations and maintenance, and customer service.
• A financial management plan including transparent systems for accounting sales, rents, revenues, costs, expenses, lease compliance, debt service and making payments to the County and City.

2. Proposer shall describe a methodology for maintaining the Property in a safe, efficient, competent and clean manner, which shall include:
• A plan for cleaning, trash disposal, litter removal and extermination • A preventative maintenance program
• A landscape, sidewalks, paved areas and grounds maintenance program • A water quality management program

3. Proposer shall describe an effective approach to facilities management, which shall include Proposer’s overall approach to:
• Emergency situations and response

Driving Range and Golf Course RFP
12 • Furniture, fixtures and equipment
• Utilities, energy and plant management
• Environmental compliance and pollution prevention

4. Proposer shall describe an effective approach to funding ongoing maintenance, future capital replacement and/or renovations.

G. PUBLIC BENEFIT
Proposer shall describe in detail the public benefits provided by its proposed Project (e.g., local employment, fiscal impacts, recreational opportunities, and sustainability).

H. OPTION AGREEMENT AND GROUND LEASE AGREEMENT
Prior to the start of negotiation of the Option and Lease with the County and City, the Primary Proposer must provide a Good Faith Deposit of $15,000 in the form of a certified check. The Good Faith Deposit will be held by the County and City subject to the terms and conditions of a letter agreement between the Primary Proposer and the County and City, which will specify the terms and conditions upon which such deposit will be forfeited or refunded. However, by way of example, and without limitation, the deposit will be at risk if, during negotiations, Primary Proposer changes the terms of their Financial Offer; changes the proposed Development Plan or schedule; fails to respond to the County’s and/or City’ requests for additional information or clarifications in a timely manner; fails to provide proof of financing, insurance, or bonding; or previously failed to disclose substantive background information (e.g., major civil litigation in regard to prior projects, bankruptcies, criminal convictions, or any other matter that would reflect poorly on the County and/or City). In any of these instances the County’s and/or City’ staff, attorney, and consultant time and fees during negotiations and in addressing these unanticipated issues may be deducted from the Good Faith Deposit at the County’s and City’ discretion.

In the event that an Option and Lease are negotiated and entered into by the County, City and a Proposer, any amounts remaining from the Good Faith Deposit may be refunded or applied to the Option Payment as agreed to by the County, City and the successful Proposer. Prior to entering into a Master Lease with the County and City, the Primary Proposer must enter into an Option Agreement with the County and City. The Option will afford the Primary Proposer a reasonable opportunity to conduct a thorough due diligence investigation of the Property prior to exercising the Master Lease. The terms and provisions of the Option must be satisfied prior to exercising the Lease. The County and City will require a mutual Option Payment of not less than $30,000 as negotiated by the Proposer and the County and City based on various factors, including the proposed length of the Option term. The Option Payment and any payments to extend the Option Term will be non-refundable to Proposer when made.

The form Option Agreement is included as Attachment C and the form Ground Lease Agreement as Attachment D. This is the Proposer’s opportunity to submit comments, a redlined document, or proposed changes to the Option and/or the Master Lease. If there are no substantial changes required by the Proposer, to either the Option or the Master Lease, provide an affirmative statement to that effect. Proposer shall specify any exceptions to terms contained in or proposed amendments to the Option and/or Master Lease. Any exceptions or proposed amendments must contain sufficient justification to permit evaluation. An exception to specific terms or provisions to the Option and/or the Master Lease implies that Proposer cannot or does not intend to meet the requirements of that item or provision. The County and City are evaluating each Proposer in part on their proposed comments

Driving Range and Golf Course RFP
13 and/or changes to the Option and the Master Lease. As such, if selected to be a Primary or Alternate Proposer, such Proposer shall not be permitted to make any further material changes to the Option or the Master Lease beyond those submitted during this RFP process. Notwithstanding the foregoing, the County’s and City’ selection of a Primary Proposer or Alternate Proposer shall not be deemed to be, or construed as, the County’s and/or District’s acceptance of such Proposer’s proposed changes to the Option or the Master Lease, or any other portions of the proposal.

Driving Range and Golf Course RFP
14 Exhibit XX
Depiction of Portion of “Recreation Parcel”

Driving Range and Golf Course RFP
15 Exhibit XX

Driving Range and Golf Course RFP
16 ATTACHMENT E
Submittal Response Checklist
Responsive Proposals will include the following information:

Item #

Proposal Requirements Part 1
Completed and Provided as
Instructed??
1 Cover Letter/Executive Summary YES NO
2 Proposer Profile YES NO
3 Submittal Response Checklist YES NO
4 Validity of Proposal YES NO
5 Certification of Understanding YES NO
6 Certificate of Insurance YES NO
7 Form W-9 Requirements YES NO
8 Statement of Compliance YES NO
9 Option Payment YES NO
10 Good Faith Deposit YES NO
11 Conflict of Interest YES NO
12 Litigation YES NO
13 Name/Ownership Changes YES NO

Item #

Proposal Requirements Part 2
Completed and Provided as
Instructed??

A PROJECT TEAM
1 Management and Staffing YES NO
• Organizational chart of anticipated team
structure YES NO
• Resumes YES NO
• Commitment to provide project specific
resources YES NO
• Credentials YES NO
• Letter of Agreement from subcontractors YES NO

Driving Range and Golf Course RFP
17 2 Structure of Proposer YES NO
• Legal and ownership structure, including
copies of organizational documents YES NO
• Letter of Agreement for joint venture with
percentage of participation, if applicable YES NO
• Representation and warranty YES NO
3 Experience and Qualifications YES NO
• Brief description YES NO
• Two (2) similar projects completed in last
seven (7) years YES NO
• Name, location and owner for each of the (2)
similar projects YES NO

Item #

Proposal Requirements Part 2
Completed and Provided as
Instructed??
• Total development costs for each of the (2)
similar projects YES NO
• Nature of involvement in similar projects for
each of the (2) similar projects YES NO
• Development program for each of the (2)
similar projects including land area
description of recreational use(s)

YES

NO
• Members of Development Team that
participated in each of the (2) similar projects YES NO • Year of predevelopment start and year
completed for each of the (2) similar projects YES NO

B PROJECT VISION
• Overall proposed Project Vision (summary,
how Development Plan will achieve
County’s/City’ goals for Project, Proposer’s
strengths)

YES

NO
• Summary of implementation plan and time
schedule for Development Plan YES NO
• Summary of ability and plan to finance
Project YES NO

Driving Range and Golf Course RFP
18 • Summary of Project marketing and leasing
plan YES NO
• Summary of parking and circulation plan
(during construction and leasing) YES NO
• Summary of management and operations
plan YES NO
• Summary of financial offer to the County and
City YES NO

Item #

Proposal Requirements Part 2
Completed and Provided as
Instructed??

C DEVELOPMENT PLAN
1 Review Goals of Development Plan YES NO
2 Site Plans, Architectural Plans, Drawings and
Renderings for Property YES NO
• Initial design scheme YES NO
• Site demolition and removal plan YES NO
• Construction mobilization and staging plan YES NO
• Site Development Plan YES NO
• Building elevations YES NO
• Schematic floor plans YES NO
• Basis of design narrative and analytical
documentation YES NO
3 Budgets for Project YES NO
• Detailed description of Proposer's finance
plan YES NO
• Pre-development sources and uses budget YES NO
• Development budget for direct and indirect
costs and financing expenses YES NO
4 Schedule for development of Property YES NO
• Summary timeline YES NO
• Detailed development schedule YES NO

Driving Range and Golf Course RFP
19 • Detailed explanation of development
schedule YES NO
• Detailed description of critical paths YES NO
5 Entitlements and Permitting YES NO
• Evaluation of existing entitlements YES NO
• Detailed approach for obtaining necessary
entitlements and approvals YES NO
6 Marketing and Leasing for Property YES NO
• Letters of interest, if available YES NO
• Market analysis YES NO
• Marketing plan YES NO
• Leasing narrative YES NO

Item #

Proposal Requirements Part 2
Completed and Provided as
Instructed??

D CAPITAL STRUCTURE, FINANCIAL CAPABILITY AND

FEASIBILITY

1 Capital Structure and Financial Capability YES NO
• Financial Plan YES NO
• Indicate anticipated sources of funding
(construction and permanent financing
phases)

YES

NO
• Describe anticipated capital structure terms YES NO
• Demonstrate ability to source equity and debt
capital YES NO
• (3) Three years of financial history YES NO
• Letter of Commitment from each capital
source YES NO
2 Financial Feasibility YES NO
• Detailed financial feasibility models and cash
flow analyses YES NO

Driving Range and Golf Course RFP
20 • Internal Rate of Return (IRR) cash flow
analysis YES NO
• Financial models provided in Excel format YES NO
3 References YES NO
• (3) Three business references YES NO

Item #

Proposal Requirements Part 2
Completed and Provided as
Instructed??

E FINANCIAL OFFER FOR PROPERTY
Detailed Explanation of Financial Offer YES NO
• Proposed minimum base rents, percentage
rents, and basis for escalations and
adjustments

YES

NO
• Sources & amounts of all revenue from which
financial offer is derived & of all expenses
that will be offset

YES

NO
• Acknowledgement of option payment
amount and requirement YES NO
• Participation in proceeds from sale or
refinance of leasehold estate YES NO

Item #

Proposal Requirements Part 2
Completed and Provided as
Instructed??

F MANAGEMENT AND OPERATIONS
1 Methodology for Operation of Property YES NO
• Fishing concession plan, including fish
stocking plan YES NO
• Safety and security plan YES NO
• Parking management strategy YES NO
• Service plan YES NO
• Financial management plan YES NO
2 Methodology for Maintaining Property YES NO
• Plan for cleaning, trash disposal, litter
removal and extermination YES NO

Driving Range and Golf Course RFP
21 • Preventative maintenance program YES NO
• Grounds maintenance program YES NO
• Water quality management program YES NO
3 Facilities Management Plan including approach
for: YES NO
• Emergency situations and response YES NO
• Furniture, fixtures and equipment YES NO
• Utilities, energy and plant management YES NO
• Environmental compliance and pollution
prevention YES NO
4 Plan for Funding Ongoing Maintenance and
Future Capital Replacement and Renovations YES NO

Item #

Proposal Requirements Part 2
Completed and Provided as
Instructed??

G PUBLIC BENEFIT
Detailed description of public benefits provided
by proposed Project YES NO

Item #

Proposal Requirements Part 2
Completed and Provided as
Instructed??

H OPTION AGREEMENT AND GROUND LEASE

AGREEMENT

• Acknowledgement of Good Faith
Deposit amount & requirement YES NO
• Proposed Option Agreement
exceptions, changes or amendments YES NO
• Proposed Ground Lease Agreement
exceptions, changes or amendments YES NO

Legally Authorized Signature (required) Title Date

Driving Range and Golf Course RFP
22 ATTACHMENT F
Proposer Profile

Company Legal Name:

Company Legal Status (corporation, partnership, sole proprietor, etc.):

Business Address:

Website Address:

Telephone Number: ( ) Facsimile Number: ( )
Email Address:

Length of time the firm has been in business: Length of time at current location:

Is your firm a sole proprietorship doing business under a different name? Yes No If yes, please indicate sole proprietor’s name and the name you are doing business under:

Is your firm incorporated? Yes No If yes, State of Incorporation:

Federal Taxpayer ID Number:

Regular business hours:

Regular holidays and hours when business is closed:

Contact person in reference to this solicitation:

Telephone Number: ( ) Facsimile Number: ( )
Email Address:

Contact person for accounts payable:

Telephone Number: ( ) Facsimile Number: ( )

Driving Range and Golf Course RFP
23 Email Address:

Name of Project Manager:

Telephone Number: ( ) Facsimile Number: ( )
Email Address:

In the event of an emergency or declared disaster, the following information is required:

Name of contact during non-business hours:

Telephone Number: ( ) Facsimile Number: ( )
Email Address: Cell or Pager Number:

Legally Authorized Signature (required) Title Date

Driving Range and Golf Course RFP
24 ATTACHMENT G

COUNTY OF ORANGE

CAMPAIGN CONTRIBUTION DISCLOSURE INFORMATION
AND

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

Driving Range and Golf Course RFP
25 COUNTY OF ORANGE

CAMPAIGN CONTRIBUTION DISCLOSURE INFORMATION

The attached Campaign Contribution Disclosure Form must be completed by applicants for, or persons who are the subject of, any proceeding involving a license, permit, or other entitlement for use, including most contracts and franchises, pending before the Board of Supervisors (“Board”) of the County of Orange or any of its affiliated agencies.

IMPORTANT NOTICE
Government Code section 84308 (also known as the “Levine Act”) contains requirements that limit campaign contributions to County officers from parties, participants, or agents to certain licenses, permits, contracts and other entitlements for use that are pending before the County.

A copy of the Levine Act is included here below. Please review the Levine Act along with the Fair Political Practices Commission’s Levine Act regulations and “Parties, Participants, Agents, and Section 84308” guidance located at the following link: https://www.fppc.ca.gov/learn/pay-to-play- limits-and-prohibitions.html
GOVERNMENT CODE SECTION 84308
(Effective January 1, 2025)
(a) The definitions set forth in this subdivision shall govern the interpretation of this section.

(1) “Party” means any person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use.

(2) “Participant” means any person who is not a party but who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use and who has a financial interest in the decision, as described in Article 1 (commencing with Section 87100) of Chapter 7. A person actively supports or opposes a particular decision in a proceeding if that person lobbies in person the officers or employees of the agency, testifies in person before the agency, or otherwise acts to influence officers of the agency. A person is not a “participant” under this paragraph if their financial interest in the decision results solely from an increase or decrease in membership dues.

(3) “Agency” means an agency as defined in Section 82003 except that it does not include the courts or any agency in the judicial branch of government, the Legislature, the Board of Equalization, or constitutional officers. However, this section applies to any person who is a member of an exempted agency but is acting as a voting member of another agency.

(4) “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency, other than a city attorney or county counsel providing legal advice to the agency who does not have the authority to make a final decision in the proceeding.

(5) (A) Except as provided in subparagraph (B), “license, permit, or other entitlement for use” means

Driving Range and Golf Course RFP
26 all business, professional, trade, and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts, and all franchises.

(B) “License, permit, or other entitlement for use” does not include any of the following:
(i) Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded pursuant to a competitive process.

(ii) Labor contracts.

(iii) Personal employment contracts.

(iv) Contracts valued under fifty thousand dollars ($50,000).

(v) Contracts where no party receives financial compensation.

(vi) Contracts between two or more agencies.

(vii) The periodic review or renewal of development agreements unless there is a material modification or amendment proposed to the agreement. Non-material modifications or amendments may be approved by agency staff.

(viii) The periodic review or renewal of competitively bid contracts unless there are material modifications or amendments proposed to the agreement that are valued at more than 10 percent of the value of the contract or fifty thousand dollars ($50,000), whichever is less. Non-material modifications or amendments may be approved by agency staff.

(ix) Modification of or amendments to contracts that are exempt under this subparagraph, other than competitively bid contracts.

(6) “Contribution” includes contributions to candidates and committees in federal, state, or local elections.

(7) “Pending” in a proceeding involving a license, permit, or other entitlement for use means either of the following:

(A) For an officer, when either of the following occurs:

(i) An item involving the license, permit, or other entitlement for use is placed on the agenda for discussion or decision at a public meeting of the body of which the officer is a member.

(ii) The officer knows a proceeding involving a license, permit, or other entitlement for use is within

Driving Range and Golf Course RFP
27 the jurisdiction of the officer’s agency for its decision or other action, and it is reasonably foreseeable that the decision will come before the officer in the officer’s decision-making capacity.

(B) For a party or party’s agent, or a participant or participant’s agent, when an application is filed with an agency, or, if the proceeding process does not require an application, when the proceeding is before the agency for its decision or other action.

(b) (1) While a proceeding involving a license, permit, or other entitlement for use is pending, and for 12 months following the date a final decision is rendered in the proceeding, an officer of an agency shall not accept, solicit, or direct a contribution of more than five hundred dollars ($500) from any party or a party’s agent, or from any participant or a participant’s agent if the officer knows or has reason to know that the participant has a financial interest, as that term is used in Article 1 (commencing with Section 87100) of Chapter 7. This prohibition applies regardless of whether the officer accepts, solicits, or directs the contribution on the officer’s own behalf, or on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee.

(2) With respect to elected officers, paragraph (1) applies only if the elected officer or the body of which they are a member has the authority to make any decision or recommendation in the proceeding.

(c) (1) Before rendering any decision in a proceeding involving a license, permit, or other entitlement for use, each officer of the agency who received a contribution within the preceding 12 months in an amount of more than five hundred dollars ($500) from a party or from any participant shall disclose that fact on the record of the proceeding. An officer of an agency shall not make, participate in making, or in any way attempt to use the officer’s official position to influence the decision in a proceeding involving a license, permit, or other entitlement for use if the officer has willfully or knowingly received a contribution in an amount of more than five hundred dollars ($500) within the preceding 12 months from a party or a party’s agent, or from any participant or a participant’s agent if the officer knows or has reason to know that the participant has a financial interest in the decision, as that term is described with respect to public officials in Article 1 (commencing with Section 87100) of Chapter 7.

(2) With respect to elected officers, paragraph (1) applies only if the elected officer or the body of which they are a member has the authority to make any decision or recommendation in the proceeding.

(d) (1) If an officer receives a contribution that would otherwise require disqualification under this section, and returns the contribution within 30 days from the time the officer makes any decision, or knows, or should have known, about the contribution and the proceeding involving a license, permit, or other entitlement for use, whichever comes last, the officer shall be permitted to participate in the proceeding.

(2
) (A) Subject to subparagraph (B), if an officer accepts, solicits, or directs a contribution of more than five hundred dollars ($500) during the 12 months after the date the final decision is rendered in violation of subdivision (b), the officer may cure the violation by returning the contribution, or the portion of the contribution in excess of five hundred dollars ($500), within 30 days of accepting, soliciting, or directing the contribution, whichever comes latest.

Driving Range and Golf Course RFP
28 (B) An officer may cure a violation as specified in subparagraph (A) only if the officer did not knowingly and willfully accept, solicit, or direct the prohibited contribution.

(C) An officer’s controlled committee, or the officer if no controlled committee exists, shall maintain records of curing any violation pursuant to this paragraph.

(e) (e)(1) A party to a proceeding before an agency involving a license, permit, or other entitlement for use shall disclose on the record of the proceeding any contribution in an amount of more than five hundred dollars ($500) made within the preceding 12 months before the date that any decision is rendered by the agency by the party or the party’s agent.

(2) A party to a proceeding involving a license, permit, or other entitlement for use pending before any agency or a participant in the proceeding shall not make a contribution of more than five hundred dollars ($500) to any officer of that agency during the proceeding and for 12 months following the date the final decision is rendered by the agency in the proceeding.

(3) An agent to a party or participant shall not make a contribution in any amount to an officer during the time periods described in paragraph (2).

(4) When a closed corporation is a party to, or a participant in, a proceeding involving a license, permit, or other entitlement for use pending before an agency, the majority shareholder is subject to the disclosure and prohibition requirements specified in this section.

(f) This section shall not be construed to imply that any contribution subject to being reported under this title shall not be so reported.

(g) For the purposes of this section, in determining whether a contribution has exceeded five hundred dollars ($500), the contributions of an agent shall not be aggregated with contributions from a party or participant.

(h) (1) A person is the “agent” of a party to, or a participant in, a pending proceeding involving a license, permit, or other entitlement for use only if the person represents that party or participant for compensation and appears before or otherwise communicates with an agency for the purpose of influencing the proceeding on behalf of a party or participant.

(2) If an individual acting as an agent is also acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the entity or corporation and the individual are “agents.”

(3) “Agent” includes a lobbyist registered to lobby the agency and who otherwise meets the requirements of paragraph (1).

Driving Range and Golf Course RFP
29 (4) “Communicate with the agency for the purpose of influencing the proceeding” does not include either of the following:

(A) Preparing drawings or submissions of an architectural, engineering, or similar nature for a client to submit in a proceeding before the agency if both of the following conditions are met:
(i) The work is performed pursuant to the person’s profession.

(ii) The person does not make any contact with the agency other than contact with agency staff concerning the process or evaluation of the documents prepared by the person.

(B) Providing technical data or analysis to an agency if the person does not otherwise engage in direct communication for the purpose of influencing the proceeding.

(i) (1) Except as provided in paragraph (2), the provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

(2) Subdivision (g) is not severable from paragraph (3) of subdivision (e) if paragraph (3) of subdivision (e) is held invalid in a final decision of a court of competent jurisdiction. If that occurs, subdivision (g) shall become inoperative on the date of that final decision.

Driving Range and Golf Course RFP
30 COUNTY OF ORANGE

CAMPAIGN CONTRIBUTION DISCLOSURE
FORM

Application or Solicitation Number:

Application or Solicitation Title:

Was a campaign contribution, regardless of the dollar amount, made to any member of the Orange County Board of Supervisors or to any County Agency Officer within the last 12 months by the applicant, or, if applicable, any of the applicant’s proposed subcontractors or the applicant’s agent or lobbyist?

Yes No

If no, please sign and date below.

If yes, please provide the following information:

Applicant’s Name:

Contributor or Contributor Firm’s Name:

Contributor or Contributor Firm’s Address:

Is the Contributor:
o The Applicant Yes No
o Subcontractor Yes No
o The Applicant’s agent/ or lobbyist Yes No

Identify the Board of Supervisors Member(s) and County Agency Officer(s) to whom you, your subcontractors, and/or agent/lobbyist made campaign contributions within the last 12 months, the name of the contributor, the dates of contribution(s) and dollar amount of the contribution. Each date must include the exact month, day, and year of the contribution.

Name of Board of Supervisors Member or County Agency Officer:

Name of Contributor:

Date(s) of Contribution(s):

Amount(s):

(Please add an additional sheet(s) to identify additional Board Members or County Agency Officer to whom you, your subconsultants, and/or agent/lobbyist made campaign contributions)

By signing below, I certify that the statements made herein are true and correct. I also agree to disclose to the County any future contributions made to Board Members or County Agency Officers by the applicant, or, if applicable, any of the applicant’s proposed subcontractors or the applicant’s agent or lobbyist after the date of

Driving Range and Golf Course RFP
31 signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested license, permit, or entitlement to use.

Date Signature of Applicant* Signature of Applicant *

Print Firm Name, if applicable Print Name & Title of Signatory Print Name & Title of Signatory *If Applicant is a corporation, two (2) signatures are required: one (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. If Proposer’s officer holds dual title, Proposer must sign this form twice; each time indicating his or her office title, that qualifies under the above-described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signatory to bind the corporation.
*If Applicant is an LLC, two (2) signatures are required from managers unless the LLC’s articles of organization state that it is managed by only one manager

Driving Range and Golf Course RFP
32 ORANGE COUNTY BOARD OF SUPERVISORS

AND COUNTY AGENCY OFFICERS

Board of Supervisors

Janet Nguyen, First District
Vicente Sarmiento, Second District
Donald P. Wagner, Third District
Doug Chaffee, Fourth District
Katrina Foley, Fifth District

County Agency Officers

Claude Parrish, Assessor
Andrew Hamilton, Auditor-Controller
Hugh Nguyen, Clerk-Recorder
Todd Spitzer, District Attorney-Public Administrator
Don Barnes, Sheriff-Coroner
Shari L. Freidenrich, Treasurer-Tax Collector

Driving Range and Golf Course RFP
33 Attachment H

COUNTY OF ORANGE LOCAL SMALL BUSINESS (OCLSB)

AND DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PREFERENCE CERTIFICATION

REQUIREMENTS

Driving Range and Golf Course RFP
34 COUNTY OF ORANGE LOCAL SMALL BUSINESS (OCLSB)

AND DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PREFERENCE

AFFIRMATION FORM

County of Orange Local Small Business (OCLSB) and/or Disabled Veteran Business Enterprise (DVBE) Affirmation
OCLSB Certification Requirements: To be certified as a Local Small Business by the County of Orange, a business shall meet the requirements below:

Local Business requirements:
a) maintains their principal center of operations (i.e. headquarters) within Orange County, and; b) has:
i. a business address located in the County of Orange that is not a post office box, or ii. a valid business license or certificate of occupancy issued by the County of Orange or by an Orange County city, or other documentation acceptable to the County of Orange.

Small Business requirements:
b) must be certified as a Small Business by the State of California Department of General Services (DGS); and,
c) DGS Small Business requirements must be valid at the time of bid/proposal submittal.

DVBE Certification Requirements: To be certified as a Disabled Veteran Business Enterprise, a business must meet the following requirements:
(1) Must be certified as a DVBE by the State of California Department of General Services (DGS); and,

(2) DGS DVBE requirements must be valid at the time of bid/proposal submittal.

Please specify one or both preferences that apply to your business by checking below:
☐ OCLSB ☐ DVBE

I, certify that , (legal company/business name) is certified as an OCLSB and/or DVBE and currently meets the respective Certification Requirements set forth above.

Print Name Title

Authorized Signature Date

Driving Range and Golf Course RFP
35 Please check one or both below:
☐ OCLSB Certificate attached ☐ State of California DVBE Certification attached County Use Only
Solicitation Number:

Solicitation Description:

File Folder Number:

Driving Range and Golf Course RFP
36 Attachment I – Preliminary Title Report (?)