AGENDA
LAKE FOREST CITY COUNCIL
Special Meeting of the City Council
Thursday, May 21, 2026
Closed Session 5:30 p.m.
Public Session 6:30 p.m.
City Council Chambers, 100 Civic Center Drive, Lake Forest, California NOTICE: Pursuant to Lake Forest Municipal Code Section 2.04.010, Regular Meetings of the City Council are held the First and Third Tuesday of each month at the hour of 5:30 p.m. for Closed Session matters, if required.
The Public Session of the meeting shall commence at 6:30 p.m. or as soon thereafter as possible. Special Meeting times may be held at a different time and date as listed on the Agenda.
AGENDA DOCUMENT REVIEW: The Agenda and staff reports are available on the Internet at https://www.lakeforestca.gov/city_government/agendas_and_minutes/index.php and at the City Clerk’s Office, 100 Civic Center Drive, Lake Forest, California, on the Friday before the meeting on Tuesday.
AGENDA DESCRIPTION: The Agenda descriptions are intended to give notice to members of the public of a general summary of items of business to be transacted or discussed. The listed Recommended Action represents staff’s recommendation. The City Council may take any action which it deems to be appropriate on the agenda item and is not limited in any way by the recommended action.
AGENDA ON SOCIAL MEDIA: This meeting will be streamed through Facebook Live. Comments will not be taken via Facebook Live. The City provides the Facebook Live stream as an additional service to the public.
However, the City cannot guarantee that its network and/or the site will be uninterrupted. The City is not responsible for any interrupted service.
SPECIAL NOTICE REGARDING PUBLIC ACCESS TO THE MEETING AND PUBLIC COMMENT:
PUBLIC PARTICIPATION: In addition to attending in person, members of the public may access the meeting live on our website at https://www.lakeforestca.gov/city_government/agendas_and_minutes/index.php .
PUBLIC COMMENT PRIOR TO THE MEETING: Members of the public may submit email comments to [email protected]. Email comments will be uploaded to the agenda packet and made part of the official public record of the meeting and will not be read at the meeting. To ensure staff reviews all comments prior to the City Council meeting, please submit email comments no later than 5:00 p.m. the day of the meeting.
PUBLIC COMMENT: Members of the public may provide comments in-person at the meeting. Public comments will no longer be accepted remotely. Those wishing to provide comments in-person at the meeting will be asked to submit a request to speak to the City Clerk. To ensure prompt distribution to the City Council, members of the public wishing to provide written materials to the City Council should do so prior to the start of the meeting or as close thereto as possible, as time will not be taken during the public comment period to distribute written materials to the City Council.
TRANSLATION SERVICE: Interpreters are available by request to members of the public that prefer to make their public comments in Spanish or Chinese. Requests for a translator need to be received by 8:00 a.m. the Monday before the scheduled City Council meeting. Such requests must be received via email at May 21, 2026 LAKE FOREST CITY COUNCIL AGENDA Page 1 [email protected]
Los intérpretes están disponibles previa solicitud para el público que prefiera hacer sus comentarios públicos en español o chino. Las solicitudes de traductor deben recibirse antes de las 8:00 a. m. del lunes anterior a la reunión programada del Concejo Municipal. Dichas solicitudes deben recibirse por correo electrónico a [email protected]
如果大眾願意用西班牙語或中文發表公開評論，我們可應要求提供口譯服務。需要在預定市議會會議之前的周一上
午 8:00 之前收到翻譯請求。此類請求必須透過電子郵件收到：[email protected] Rúguǒ dàzhòng yuànyì yòng xībānyá yǔ huò zhōngwén fābiǎo gōngkāi pínglùn, wǒmen kě yīng yā oqiú tígōng kǒuyì fúwù. Xūyào zài yùdìng shì yìhuì huìyì zhīqián de zhōuyī shàngwǔ 8:00 Zh īqián shōu dào fānyì qǐngqiú. Cǐ lèi qǐngqiú bìxū tòuguò diànzǐ yóujiàn shōu dào: translat [email protected]
CALL TO ORDER: 5:30 p.m.
Council Members: Mark Tettemer
Scott Voigts
Benjamin Yu
Mayor Pro Tem: Doug Cirbo
Mayor: Robert Pequeño
City Manager: Debra Rose
City Attorney: Matthew E. Richardson
City Clerk: Thy Merritt
CLOSED SESSION PUBLIC COMMENT:
CLOSED SESSION: At this time, the City Council may recess to Closed Session for conference with Legal Counsel to discuss the items listed below pursuant to Government Code requirements. Any items not concluded by 6:30 p.m. may be continued to the end of the Public Session. At this time, members of the public may address the City Council regarding any items listed on the Closed Session agenda. No action may be taken on items not listed on the agenda unless authorized by law. Comments shall be limited to three minutes per item. Any person wishing to address the City Council on a Closed Session matter is requested to complete a "Request to Speak" form available at agenda public review table near the entrance. The completed form is to be submitted to the City Clerk prior to an individual being heard by the City Council. Whenever possible, lengthy testimony should be presented to the City Council in writing (8 copies) and only pertinent points presented orally.
CLOSED SESSION (Item Nos. 1 – 2)
CLOSED SESSION: At this time, the City Council may recess to Closed Session for conference with Legal Counsel to discuss the items listed below pursuant to Government Code requirements. Any items not concluded by 6:30 p.m. may be continued to the end of the Public Session.
1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(1)
NUMBER OF CASES:1
CASE NAME: BRIAN MCMILLAN V. CITY OF LAKE FOREST, ET AL.
USDC CENTRAL DISTRICT CASE NO.: 8:25-CV-00245-SRM (JDEX) May 21, 2026 LAKE FOREST CITY COUNCIL AGENDA Page 2 RECOMMENDED ACTION: Conduct closed session.
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
PURSUANT TO GOVERNMENT CODE SECTION 54957
TITLE: CITY MANAGER
RECOMMENDED ACTION: Conduct closed session.
RECESS: City Council will recess to Closed Session for the purpose of conducting regular City business.
RECONVENE: City Council will reconvene to continue regular City business.
PUBLIC SESSION: 6:30 p.m.
PUBLIC SESSION: At this time, the City Council will convene to consider public matters. Those wishing to address the City Council may submit a completed “Request to Speak” form to the City Clerk prior to City Council action.
INVOCATION: The Invocation will be provided by a representative from the Church of Jesus Christ of Latter-day Saints.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country to be led by Scout Troop #628.
CLOSED SESSION REPORT: City Attorney will report on Closed Session.
PRESENTATIONS (Item Nos. 3 – 4)
3. RECOGNITION OF LAKE FOREST BUSINESSES THAT COMPLETED THE SBDC MAIN ST. DIGITAL TRAINING AND GRANT PROGRAM
ROUND TWO
May 21, 2026 LAKE FOREST CITY COUNCIL AGENDA Page 3 RECOMMENDED ACTION: Recognize the Lake Forest businesses that completed the second round of the Main St. Digital Training and Grant Program.
4. TASTE OF LAKE FOREST RETURNS
RECOMMENDED ACTION: Receive and file the 2026 Taste of Lake Forest Returns presentation.
PUBLIC COMMENTS
Members of the public can submit an e-comment to [email protected] . E-comments will not be read at the meeting.
Members of the public may also provide comments in-person at the meeting. Those wishing to provide comments in-person at the meeting will be asked to submit a request to speak to the City Clerk.
CONSENT CALENDAR (Item Nos. 5 – 12)
All matters listed under the Consent Calendar are considered routine and will be enacted by one vote. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request specific items be removed from the Consent Calendar for separate action.
5. MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES RECOMMENDED ACTION: Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.
6. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MAY 5, 2026
RECOMMENDED ACTION: Approve as submitted.
May 21, 2026 LAKE FOREST CITY COUNCIL AGENDA Page 4
7. PROCLAMATION DECLARING THE MONTH OF MAY AS ASIAN
AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH
RECOMMENDED ACTION: Approve the Proclamation designating the month of May as Asian American and Pacific Islander Heritage Month.
8. PROCLAMATION DECLARING THE MONTH OF MAY AS JEWISH
AMERICAN HERITAGE MONTH
RECOMMENDED ACTION: Approve the Proclamation designating the month of May as Jewish American Heritage Month.
9. AWARD SPORTS PROGRAM SERVICES AGREEMENT FOR YOUTH
MULTI-SPORTS TO SKYHAWKS SPORTS ACADEMY
RECOMMENDED ACTION: 1. Award Sports Program Services Agreement to Skyhawks Sports Academy to provide multi-sports programming at the Lake Forest Sports Park. 2. Authorize the Mayor to sign, and the City Clerk to attest the Agreement with Skyhawks Sports Academy for multi-sports programming, substantially in the form attached.
10. FIRST AMENDMENT TO THE AGREEMENT WITH ARAKELIAN
ENTERPRISES, INC. DBA ATHENS SERVICES, FOR STREET
SWEEPING SERVICES
RECOMMENDED ACTION: 1. Approve the First Amendment to the Agreement for Street Sweeping Services with Arakelian Enterprises, Inc. dba Athens Services 2. Authorize the Mayor to sign, and the City Clerk to attest, the First Amendment substantially in the form attached.
11. SECOND AMENDMENT TO THE AGREEMENT FOR TREE
MANAGEMENT AND MAINTENANCE SERVICES WITH WEST COAST
ARBORISTS, INC.
RECOMMENDED ACTION: 1. Approve the Second Amendment to
Agreement for Maintenance Services for Tree Management Services with May 21, 2026 LAKE FOREST CITY COUNCIL AGENDA Page 5 West Coast Arborists, Inc. 2. Authorize the Mayor to sign, and the City Clerk to attest, the Second Amendment substantially in the form attached.
12. AMENDED AND RESTATED NPDES STORMWATER PERMIT
IMPLEMENTATION AGREEMENT
RECOMMENDED ACTION: 1. Approve the Amended and Restated National Pollutant Discharge Elimination System (“NPDES”) Stormwater Permit Implementation Agreement ("Agreement") between the County of Orange (“County”), Orange County Flood Control District (“OCFCD”), and participating Orange County cities (collectively called “Permittees”). 2.
Authorize the Mayor to sign and the City Clerk to attest to the Agreement and any related documents necessary to implement the terms of the Agreement.
PUBLIC HEARING(S) (Item No. 13)
Public Hearings are scheduled for a time certain of 6:30 p.m. or as soon thereafter as possible. City Council, when considering the matter scheduled for hearing, will take the following actions: 1. Open the Public Hearing. 2. Receive staff report. 3. Accept public testimony. 4. City Council comments and questions. 5. Close the Public Hearing and take appropriate action.
13. CITY WORKFORCE VACANCIES, RECRUITMENT AND RETENTION PRESENTATION (AB 2561)
RECOMMENDED ACTION: Conduct a public hearing regarding AB 2561 to receive and file a presentation of the status of vacancies and recruitment and retention efforts at the City of Lake Forest.
DISCUSSION/ACTION ITEMS (Item Nos. 14 – 15)
The following matters are for City Council consideration/discussion/action. Members of the public may have the opportunity to address these items if they wish to do so. Please complete the Request to Speak form and give to the City Clerk.
14. LAW ENFORCEMENT CONTRACT WITH THE COUNTY OF ORANGE
FOR FISCAL YEAR 2026-27
RECOMMENDED ACTION: Approve and authorize the Mayor to sign the Agreement with County of Orange for Law Enforcement Services for Fiscal Year 2026-27.
May 21, 2026 LAKE FOREST CITY COUNCIL AGENDA Page 6
15. LEGISLATIVE AND REGULATORY MATTERS
RECOMMENDED ACTION: 1. Receive a report from staff summarizing the status of various legislation with the potential to impact the City of Lake Forest. 2. Adopt the policy positions recommended by staff on various legislation with the potential to impact the City of Lake Forest.
CITY MANAGER'S REPORT
At this time, the City Manager may comment on agenda and non-agenda items; and report on items of interest to the City Council and community.
CITY COUNCIL COMMENTS
At this time, City Council Members may comment on agenda or non-agenda matters. No discussion may take place on any item not appearing on the posted agenda. Council Members may ask a question for clarification, respond to statements made or questions posed by the public, make a brief announcement, or make a brief report on his or her own activities. In addition, the City Council may refer to staff or other resources for factual information, request staff to report back at a subsequent meeting or direct staff to place a matter of business on a future agenda. No action may be taken on non-agenda matters unless authorized by law (Government Code Section 54954.2).
Council Member Tettemer:
Council Member Voigts:
Council Member Yu:
Mayor Pro Tem Cirbo:
Mayor Pequeño:
May 21, 2026 LAKE FOREST CITY COUNCIL AGENDA Page 7
ADJOURNMENT
In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this Meeting, including auxiliary aids or services, you should contact the Office of the City Clerk at (949) 461-3400.
Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and agenda back-up materials can be obtained from the Office of the City Clerk on the Friday prior to the City Council meeting. Copies of all Agendas, Staff Reports and Supporting Materials can also be found on the City’s website – https://www.lakeforestca.gov/city_government/agendas_and_minutes/index.php. Agenda and agenda packets, if requested, will be made available in an appropriate alternative format to persons with a disability as required by the Americans With Disabilities Act. Copies of the agenda are provided at no cost and agenda back-up materials are available at the per page copy cost.
The City of Lake Forest mailing address is City Council Chambers, 100 Civic Center Drive, Lake Forest, California.
Phone: (949) 461-3400. FAX (949) 461-3511
CERTIFICATION: I, Thy Merritt, City Clerk of the City of Lake Forest, California, hereby certify that the foregoing agenda was posted for public review at City Hall on May 14, 2026.
Thy Merritt
City Clerk
May 21, 2026 LAKE FOREST CITY COUNCIL AGENDA Page 8
CITY COUNCIL AGENDA REPORT
MEETING DATE: 05/21/2026
DEPARTMENT: Economic Development
SUBJECT:
RECOGNITION OF LAKE FOREST BUSINESSES THAT COMPLETED THE SBDC MAIN ST. DIGITAL TRAINING AND GRANT PROGRAM ROUND TWO RECOMMENDED ACTION(S):
Recognize the Lake Forest businesses that completed the second round of the Main St. Digital Training and Grant Program.
EXECUTIVE SUMMARY:
The Strategic Economic Investment Program (“SEIP”), approved by the City Council in February 2022, allocated $8,303,350 for economic support programs, with subsequent appropriations totaling $4,335,944 for various initiatives. The 2023 Business/Resident Satisfaction Survey revealed that a majority of businesses seek improved marketing strategies and website updates to boost profitability. The 2023-2030 Strategic Plan introduced an initiative to reformulate the City's SEIP under Strategic Plan Initiative #23 - SEIP 2.0.
In February 2024, the City Council approved setting aside $50,000 from SEIP to fund potential Small Business Development Center (“SBDC”) programs, as well as consolidating budgets for the Restaurant Industry and Other Impacted Industry Assistance categories. The SBDC offers tailored services and consulting to foster small business growth and success.
Lake Forest’s Main Street Digital Program, offered through the SBDC, is designed to help local businesses establish their online presence. In August 2025, twenty businesses participated in the first round of the program.
Participants received virtual training sessions and one-on-one consulting over a four-week period. Businesses that successfully completed the program, per the set guidelines, received $1,000 grants to support digital advertising campaigns.
In March 2026, a second round of the Main Street Digital Program was offered by the SBDC. Six Lake Forest businesses, denoted in Table 1, were deemed eligible to participate, successfully completed the program requirements, and were mailed $1,000 grants.
Item: 3
9 Table 1: 2026 Main Street Digital Participants
Businesses that Participated in the Main Street
Digital Program Round Two
Boba Bee
Homewell Care Services
InkRabbit Printworks
Kathy Mortazavi, DDS INC
Kumon Math and Reading Center of Foothill Ranch
Kumon Math and Reading Center of Lake Forest
This evening, staff recommend the City Council recognize these businesses for completing the program and enhancing their operations and online presence.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
Certificates of Recognition
Initiated By: Ian McKeever, Management Assistant
Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
Item: 3
10 5
6 8
0 1
ATTACHMENT
Item: 3
11 5
6 8
0 1
Certificate of Recognition
THE LAKE FOREST CITY COUNCIL
RECOGNIZES
Boba Bee
For successful completion of the
Lake Forest Main Street Digital Program
May 21, 2026
____________________________
Robert Pequeño
MAYOR
____________________________ ____________________________
DOUG CIRBO MARK TETTEMER Mayor Pro Tem Council Member ____________________________ ____________________________
SCOTT VOIGTS BENJAMIN YU Council Member Council Member Item: 3
12 5
6 8
0 1
Certificate of Recognition
THE LAKE FOREST CITY COUNCIL
RECOGNIZES
Homewell Care Services
For successful completion of the
Lake Forest Main Street Digital Program
May 21, 2026
____________________________
Robert Pequeño
MAYOR
____________________________ ____________________________
DOUG CIRBO MARK TETTEMER Mayor Pro Tem Council Member ____________________________ ____________________________
SCOTT VOIGTS BENJAMIN YU Council Member Council Member Item: 3
13 5
6 8
0 1
Certificate of Recognition
THE LAKE FOREST CITY COUNCIL
RECOGNIZES
InkRabbit Printworks
For successful completion of the
Lake Forest Main Street Digital Program
May 21, 2026
____________________________
Robert Pequeño
MAYOR
____________________________ ____________________________
DOUG CIRBO MARK TETTEMER Mayor Pro Tem Council Member ____________________________ ____________________________
SCOTT VOIGTS BENJAMIN YU Council Member Council Member Item: 3
14 5
6 8
0 1
Certificate of Recognition
THE LAKE FOREST CITY COUNCIL
RECOGNIZES
Kathy Mortazavi, DDS INC
For successful completion of the
Lake Forest Main Street Digital Program
May 21, 2026
____________________________
Robert Pequeño
MAYOR
____________________________ ____________________________
DOUG CIRBO MARK TETTEMER Mayor Pro Tem Council Member ____________________________ ____________________________
SCOTT VOIGTS BENJAMIN YU Council Member Council Member Item: 3
15 5
6 8
0 1
Certificate of Recognition
THE LAKE FOREST CITY COUNCIL
RECOGNIZES
Kumon Math and Reading Center
of Foothill Ranch
For successful completion of the
Lake Forest Main Street Digital Program
May 21, 2026
____________________________
Robert Pequeño
MAYOR
____________________________ ____________________________
DOUG CIRBO MARK TETTEMER Mayor Pro Tem Council Member ____________________________ ____________________________
SCOTT VOIGTS BENJAMIN YU Council Member Council Member Item: 3
16 5
6 8
0 1
Certificate of Recognition
THE LAKE FOREST CITY COUNCIL
RECOGNIZES
Kumon Math and Reading Center
of Lake Forest
For successful completion of the
Lake Forest Main Street Digital Program
May 21, 2026
____________________________
Robert Pequeño
MAYOR
____________________________ ____________________________
DOUG CIRBO MARK TETTEMER Mayor Pro Tem Council Member ____________________________ ____________________________
SCOTT VOIGTS BENJAMIN YU Council Member Council Member Item: 3
17 5
6 8
0 1
Item: 3
18 CITY COUNCIL AGENDA REPORT
MEETING DATE: 05/21/2026
DEPARTMENT: Economic Development
SUBJECT:
TASTE OF LAKE FOREST RETURNS
RECOMMENDED ACTION(S):
Receive and file the 2026 Taste of Lake Forest Returns presentation.
EXECUTIVE SUMMARY:
The Taste of Lake Forest is an annual event hosted since 2011 in collaboration with the Lake Forest Chamber of Commerce. The event provides a platform for local restaurants to showcase their culinary offerings, fostering community engagement and celebrating the diverse flavors of Lake Forest's dining scene. In 2025, the event included 25 restaurants and welcomed nearly 700 in attendance.
The event will return once more in 2026, cohosted by the Chamber of Commerce and sponsored by Orange County Supervisor Donald P. Wagner and OC Parks, on June 13, 2026, at Heritage Hill Historic Park, from 4:00 to 8:00 p.m.
Attendees can anticipate a range of experiences, including sampling dishes from a variety of local restaurants, enjoying beer and wine gardens, participating in opportunity drawings, and live music from The Trip. Tickets are priced at $50 per person, available exclusively to individuals aged 21 and up, and can be purchased through the event's website. As preparations for the event continue, ongoing event planning updates will be provided at a forthcoming meeting.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended item.
ATTACHMENTS:
None.
Initiated By: Ian McKeever, Management Assistant
Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
Item: 4
19 CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/21/2026
DEPARTMENT: City Clerk
SUBJECT:
MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES
RECOMMENDED ACTION(S):
Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.
EXECUTIVE SUMMARY:
California Government Code 36934 allows titles of ordinances and resolutions to be waived.
FISCAL IMPACT:
There is minimal fiscal impact associated with the recommended action.
ATTACHMENTS:
None.
Submitted By: Thy Merritt, City Clerk
Approved By: Debra Rose, City Manager
14 Item: 5
20 MINUTES OF A REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST
The regular meeting of the City Council of the City of Lake Forest held Tuesday, May 5, 2026, at the Lake Forest City Council Chambers, 100 Civic Center Drive, Lake Forest, California, was called to order at 6:30 p.m. with all members present.
ROLL CALL:
Council Members:
Mark Tettemer
Scott Voigts
Benjamin Yu
Mayor Pro Tem: Doug Cirbo
Mayor: Robert Pequeño
City Manager: Debra Rose
City Attorney: Matthew E. Richardson
City Clerk: Thy Merritt
INVOCATION: The Invocation was provided by Arnoldo Granados, Centro Cristiano Internacional.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Girl Scout Troops #8621 and #1525.
REPORT FROM STUDENT LIAISON: Ethan Barro, Student Liaison from El Toro High School, provided a report. He announced the end of the Student Liaison program, and the Council presented him with a certificate of recognition and a gift.
PRESENTATIONS: (Item No. 1)
MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu, to approve Presentation Item No. 1. The motion was carried by a vote of 5-0.
1. PROCLAMATION SUPPORTING DROWNING PREVENTION AND
AWARENESS SEASON
City Manager Rose introduced this item and invited Division Chief Gibson and Community Relations and Education Specialist Neira from the Orange County Fire Authority (OCFA) to provide a presentation. No public comment was offered.
ACTION: A Proclamation designating May through August 2026 as Drowning Prevention and Awareness Season was presented.
PUBLIC COMMENTS:
Mayor Pequeño invited Captain Pultz with the Orange County Sheriff’s Department (OCSD) to provide information on a bike safety event, Bike-X and Helmets, to be held Item: 6
21 May 5, 2026
LAKE FOREST CITY COUNCIL MEETING MINUTES Page 2 of 7
on Saturday, May 9, 2026, at Saddleback Church from 10 a.m. to 1:00 p.m.
Kathryn Kozbur shared her concerns with e-bikes and the anxiety they can cause while driving.
Sean Fletcher expressed his concerns with e-bikes.
Jenna Minnick-Bull provided information on South Coast Conservatory and invited the City Council to upcoming events.
Mark Hermanson expressed his concerns with Andrew O’Connor’s behavior at the Clean Lake Forest Event.
Brian McMillan expressed his concerns with the City’s moratorium on massage establishments.
CONSENT CALENDAR: (Item Nos. 2 – 5, 7 – 11)
Consent Calendar Item No. 6 was pulled for discussion.
STATEMENT READ INTO THE RECORD:
Council Member Voigts: There are warrants on the register to the County of Orange. I am an employee of the County of Orange, but I do not work for the department that generated the warrants. Because the County of Orange is a public agency and because I do not work for the departments in question, I have determined that I have a non-interest in these warrants and will vote on this item.
MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu, to approve Consent Calendar Item Nos. 1 - 5, and 7 - 11). The motion was carried by a vote of 5-0.
2. MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES ACTION: Said Ordinances and Resolutions which appeared on the public agenda were determined to have been read by title and further reading was waived.
3. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON APRIL 21, 2026
ACTION: The minutes were approved as submitted.
4. NATIONAL PUBLIC WORKS WEEK
ACTION: Approved a Proclamation designating May 17-23, 2026, as National Public Works Week in the City of Lake Forest.
5. CERTIFICATION OF WARRANT REGISTER
Item: 6
22 May 5, 2026
LAKE FOREST CITY COUNCIL MEETING MINUTES Page 3 of 7
ACTION: The warrant register in the amount of $10,484,412.35 was approved.
7. AWARD OF CONTRACT FOR TRAFFIC SIGNAL MANAGEMENT AND
OPERATIONS SERVICES
ACTION: 1. A contract with AGA Engineers, Inc. in the amount of $985,292 for Traffic Signal Management and Operations Services was awarded. 2. The Mayor was authorized to sign, and the City Clerk to attest to, the contract for Traffic Signal Management and Operations Services, substantially in the form attached.
8. AWARD OF CONTRACT TO MUSCO SPORTS LIGHTING, LLC FOR THE ENERGY EFFICIENT LED LIGHTING PROJECTS – ETNIES SKATE PARK (26P05)
ACTION: 1. An agreement in the amount of $100,045 to Musco Sports Lighting, LLC for the Energy Efficient LED Lighting Projects - Etnies Skate Park (26P05) was approved. 2. The Mayor was authorized to sign, and the City Clerk to attest the Agreement with Musco Sports Lighting, LLC.
9. FIRST AMENDMENT TO THE AGREEMENT FOR GRAFFITI REMOVAL AND
STEAM CLEANING MAINTENANCE SERVICES WITH SUPERIOR PROPERTY SERVICES, INC.
ACTION: 1. The First Amendment to the Agreement for Maintenance Services for Graffiti Removal and Steam Cleaning Services with Superior Property Services, Inc. was approved. 2. The Mayor was authorized to sign, and the City Clerk to attest, the First Amendment substantially in the form attached.
10. FIRST AMENDMENT TO THE AGREEMENT WITH CLIFTONLARSONALLEN LLP ("CLA") FOR FINANCIAL AND SPECIAL AUDIT SERVICES
ACTION: 1. The First Amendment to the agreement to ClilftonLarsonAllen LLP ("CLA") for financial and special audit services was approved. 2. The Mayor was authorized to sign, and the City Clerk attest, the first amendment to the agreement with CLA, substantially in the form attached.
11. FIRST AMENDMENT TO THE AGREEMENT WITH U.S. BANK NATIONAL ASSOCIATION ("U.S. BANK") FOR BANKING SERVICES
ACTION: 1. The First Amendment to the Agreement with U.S. Bank National Association for Banking Services was approved. 2. The Mayor was authorized to sign, and the City Clerk attest, the First Amendment to the Agreement with U.S.
Bank National Association ("U.S. Bank”), substantially in the form attached.
Item: 6
23 May 5, 2026
LAKE FOREST CITY COUNCIL MEETING MINUTES Page 4 of 7
ITEMS PULLED FOR DISCUSSION: (Item No. 6)
MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu, to approve Consent Calendar Item No. 6. The motion was carried by a vote of 5-0.
6. QUARTERLY TREASURER'S REPORT - QUARTER ENDED MARCH 31, 2026 Becky Keene shared she would like to see a summary of inflow and outflow in the quarterly statements.
ACTION: Received and filed.
PUBLIC HEARING(S): (Item No. 12)
12. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM – FISCAL YEAR 2026-27 ANNUAL ACTION PLAN
Mayor Pequeño opened the public hearing. City Manager Rose introduced the item and invited Economic Development/Housing Manager Grijalva to provide a presentation. No public comment was offered. City Council questions were asked and answered. Mayor Pequeño closed the public hearing.
MOTION: It was moved by Council Member Tettemer, seconded by Council Member Voigts, to: 1. Conduct a public hearing on the draft Fiscal Year 2026-27 Community Development Block Grant Program Annual Action Plan, close the public hearing, and direct staff to submit the Annual Action Plan to the U.S.
Department of Housing and Urban Development. The motion was carried by a vote of 5-0.
DISCUSSION/ACTION ITEMS: (Item No. 13 – 16)
13. ETNIES SKATEPARK OF LAKE FOREST FINAL CONCEPT DESIGN City Manager Rose introduced the item and invited Recreation Manager Hunter to provide a presentation. Recreation Manager Hunter invited Mitch Jensen with Action Sports Design, LLC who also provided a presentation. No public comment was offered. City Council questions were asked and answered.
MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu to: 1. Receive a presentation detailing the proposed final concept design for Etnies Skatepark of Lake Forest. 2. Approve the proposed final concept design for Etnies Skatepark of Lake Forest. The motion was carried by a vote of 5-0.
Item: 6
24 May 5, 2026
LAKE FOREST CITY COUNCIL MEETING MINUTES Page 5 of 7
14. ADOPTION OF A RESOLUTION OF INTENTION TO ABANDON WHISPERING
HILLS PARK SITE PURSUANT TO THE MUNICIPAL PARK ABANDONMENT LAW (GOVERNMENT CODE §38501 ET SEQ.)
City Manager Rose introduced the item and invited Economic Development/Housing Manager Grijalva to provide a presentation. No public comment was offered. City Council questions were asked and answered.
MOTION: It was moved by Council Member Yu, seconded by Council Member Voigts to: 1. Find that the proposed action is not a project under the California Environmental Quality Act (“CEQA”) because it does not commit the City to a definite course of action regarding development of the site, and alternatively, that the proposed action is exempt under the “common sense” exemption in CEQA Guidelines Section 15061(b)(3), as it can be seen with certainty that there is no possibility the action may have a significant effect on the environment. The action consists solely of the abandonment of undeveloped City-owned parkland and does not authorize any physical changes or development. City staff was directed to file a Notice of Exemption with the County Clerk and State Clearinghouse. 2.
Adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, CALIFORNIA, DECLARING ITS INTENTION TO
ABANDON REAL PROPERTY AND SETTING THE DATE FOR A MEETING TO
CONSIDER THE ABANDONMENT OF PROPERTY PURSUANT TO THE
MUNICIPAL PARK ABANDONMENT LAW OF 1939.” 3. Set a public hearing date of June 16, 2026, to consider adoption of a final resolution ordering abandonment of the park designation. 4. Direct staff to publish and post required notices in accordance with State law. The motion was carried by a vote of 5-0.
15. FIFTH AMENDMENT TO THE AGREEMENT WITH ORANGE COUNTY
YELLOW MANAGEMENT, LLC FOR SENIOR TAXI TRANSPORTATION
SERVICES
City Manager Rose introduced Senior Recreation Supervisor Wysocki to provide a presentation. Mark Hermanson offered public comment and expressed his support for the program. City Council questions were asked and answered.
MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu to: 1. Approve the Fifth Amendment to the Agreement to Orange County Yellow Management, LLC with a compensation amount of $405,543.62 for Senior Taxi Services was approved. 2. Authorize the Mayor to sign, and the City Clerk to attest, the Fifth Amendment to the Agreement with Orange County Yellow Management, LLC, substantially in the form attached. The motion was carried by a vote of 5-0.
16. SECOND AMENDMENT TO THE AGREEMENT WITH AGE WELL SENIOR Item: 6
25 May 5, 2026
LAKE FOREST CITY COUNCIL MEETING MINUTES Page 6 of 7
SERVICES, INC. FOR SENIOR BUS TRANSPORTATION SERVICES
City Manager Rose introduced Recreation Manager Blethen to provide a presentation. No public comment was offered. City Council questions were asked and answered.
MOTION: It was moved by Council Member Voigts, seconded by Council Member Yu to: 1. Approve the Second Amendment to the Agreement with Age Well Senior Services, Inc. with a compensation amount of $307,786.65 for Senior Bus Transportation Services. 2. Authorize the Mayor to sign, and the City Clerk to attest, the Second Amendment to the Agreement with Age Well Senior Services, Inc., substantially in the form attached.
CITY MANAGER'S REPORT: City Manager Rose had nothing further to report.
CITY COUNCIL COMMENTS
Council Member Tettemer: Council Member Tettemer had nothing further to report.
Council Member Voigts: Council Member Voigts reported on his attendance at the ribbon-cutting ceremony for IMI.
Council Member Yu: Council Member Yu had nothing further to report.
Mayor Pro Tem Cirbo: Council Member Cirbo announced a fundraising opportunity, Kids Feeding Kids, at TerraNova Church in
Irvine on Friday May 15, 2026, from 5:30 p.m. to 8:30
p.m., and shared highlights of historical moments which occurred on May 5, 1776.
Mayor Pequeño: Mayor Pequeño reported on his attendance at the ribbon- cutting ceremony for IMI; presented Discount Mattress
Lady with the Business of the Month certificate and
attended the ribbon-cutting ceremony for Cindy’s Home
Gallery. Mayor Pequeño shared highlights of historical
events of May 5, 1776, in anticipation of the country’s 250th anniversary.
ADJOURNMENT: The Regular Meeting of the City Council was adjourned in memory of Ed Ashman at 8:37 p.m.
Item: 6
26 May 5, 2026
LAKE FOREST CITY COUNCIL MEETING MINUTES Page 7 of 7
Respectfully submitted:
APPROVED:
THY MERRITT ROBERT PEQUEÑO
CITY CLERK MAYOR
Item: 6
27 CITY COUNCIL AGENDA REPORT
MEETING DATE: 05/21/2026
DEPARTMENT: City Clerk
SUBJECT:
PROCLAMATION DECLARING THE MONTH OF MAY AS ASIAN AMERICAN
AND PACIFIC ISLANDER HERITAGE MONTH
RECOMMENDED ACTION(S):
Approve the Proclamation designating the month of May as Asian American and Pacific Islander Heritage Month.
EXECUTIVE SUMMARY:
The attached proclamation recognizes the month of May as Asian American and Pacific Islander Heritage Month in the City of Lake Forest (Attachment).
Asian and Pacific American Heritage month was first initiated by Rep. Frank Horton in 1976. In June 1977, Rep. Horton and Rep. Norman Y. Mineta introduced a resolution in the U.S. House of Representatives proclaiming the first 10 days of May as Asian Pacific Heritage Week. In 1990, President George H.W.
Bush signed a bill passed by Congress to extend Asian American Heritage Week through the entire month of May. In 1991, Congress unanimously passed a law proclaiming May as Asian and Pacific American Heritage Month. Staff recommend the City Council approve the proclamation proclaiming May as Asian and Pacific American Heritage Month.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENT:
1. Asian American and Pacific Islander Heritage Month Proclamation Item: 7
28 Initiated By: Madeline Balsz, Assistant City Clerk
Submitted By: Thy Merritt, City Clerk
Approved By: Debra Rose, City Manager
Item: 7
29 CITY OF LAKE FOREST PROCLAMATION
ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH
MAY 2026
WHEREAS, Asian American and Pacific Islander Month is observed during the month of May to recognize the contributions and influences of Asian Americans and Pacific Islanders to the history, cult
ure, and achievements of the United States: and,
WHEREAS, for decades, Asian Americans and Pacific Islanders have contributed greatly to the prosperi
ty and enrichment in all areas of life in the City of Lake Forest , including government, business, arts and sciences, medicine, education, and law enforcement; and WHEREAS, Asian American and Pacific Islander communities are deeply rooted in both the United States and the City of Lake Forest, reminding us of the proud and painful chapters of our history; and Asian American and Pacific Islander communities in the City of Lake Forest have shared their rich cul
ture and traditions while representing their communities through public service and advocacy; and WHEREAS, diversity represents one of our greatest strengths, and by recognizing the accomplishments and contributions of Asian Americans and Pacific Islanders, our city celebrates the import
ance of inclusion in building a brighter future for all residents; and WHEREAS, the City of Lake Forest is committed to providing comprehensive support to ensure that Lake Forest is equitable and welcoming to all people; and the City of Lake Forest is proud to cel
ebrate Asian American and Pacific Islander Heritage Month and commemorate the essential contributions, sacrifices, and accomplishments that Asian Americans and Pacific Islanders have made to Lake Forest.
NOW, THEREFORE, the City Council of the City of Lake Forest, DOES HEREBY
PROCLAIM MAY
2026 as "ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE
MONTH."
___________________________
ROBERT PEQUEÑO
Mayor
__________________________
DOUG CIRBO
Mayor Pro Tem
__________________________
MARK TETTEMER
Council Member
__________________________
SCOTT VOIGTS
Council Member
__________________________
BENJAMIN YU
Council Member
Item: 7
30 CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/21/2026
DEPARTMENT: City Clerk
SUBJECT:
PROCLAMATION DECLARING THE MONTH OF MAY AS JEWISH AMERICAN
HERITAGE MONTH
RECOMMENDED ACTION(S):
Approve the Proclamation designating the month of May as Jewish American Heritage Month.
EXECUTIVE SUMMARY:
On April 20, 2006, President Bush issued the first proclamation designating May 2006 as Jewish American Heritage Month. Since 2007, Presidents George W.
Bush, Obama, Trump, and Biden have issued proclamations for Jewish American Heritage Month. These proclamations celebrate the contributions of Jewish Americans and urge the people of the United States to learn more about Jewish Americans. Staff recommend the City Council approve the proclamation declaring May as Jewish American Heritage Month.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
Jewish American Heritage Month Proclamation
Initiated By: Thy Merritt, City Clerk
Submitted By: Thy Merritt, City Clerk
Approved By: Debra Rose, City Manager
Item: 8
31 ATTACHMENT
Item: 8
32 CITY OF LAKE FOREST PROCLAMATION
JEWISH AMERICAN HERITAGE MONTH
MAY 2026
WHEREAS, the City of Lake Forest joins together this May to pay tribute to the contributions of Jewish Americans who have culturally enriched the City of Lake Forest; and
WHEREAS, the history of Jewish Americans in the City of Lake Forest is inextricably tied to the greater story of the United States; and
WHEREAS, Jewish refugees have fled oppression and discrimination for centuries and have sought sanctuary in our nation, State of California, and City of Lake Forest; and
WHEREAS, Jews are an ethnic people who share a culture, language, ancestry and identity, and remain connected through Judaism, the ethnic religion comprising the ancient beliefs, practices, mythologies, and laws of the Jewish people; and
WHEREAS, celebrating our community's diverse heritage helps strengthen our appreciation of their contributions and inoculate us against hate; and
WHEREAS, celebrating Jewish American Heritage Month provides the people of the City of Lake Forest with an opportunity to recognize the achievements, contributions, and history of, and to understand the challenges faced by Jewish Americans.
NOW, THEREFORE, the City Council of the City of Lake Forest, DOES HEREBY PROCLAIM MAY 2026, as "JEWISH AMERICAN HERITAGE MONTH."
ROBERT PEQUEÑO
Mayor
DOUG CIRBO
Mayor Pro Tem
MARK TETTEMER
Council Member
SCOTT VOIGTS
Council Member
BENJAMIN YU
Council Member
Item: 8
33 CITY COUNCIL AGENDA REPORT
MEETING DATE: 05/21/2026
DEPARTMENT: Management Services
SUBJECT:
AWARD SPORTS PROGRAM SERVICES AGREEMENT FOR YOUTH MULTI-
SPORTS TO SKYHAWKS SPORTS ACADEMY
RECOMMENDED ACTION(S):
1. Award Sports Program Services Agreement to Skyhawks Sports Academy to provide multi-sports programming at the Lake Forest Sports Park.
2. Authorize the Mayor to sign, and the City Clerk to attest the Agreement with Skyhawks Sports Academy for multi-sports programming, substantially in the form attached.
EXECUTIVE SUMMARY:
The Community Services Division partners with independent instructors to provide youth sports programs. Unlike typical contracts with fixed rates, these services use a 70/30 revenue split: instructors receive 70% of registration fees, and the City retains 30% upon program completion. Under these agreements, the City manages advertising, registration, and facility hosting, while compensation remains dependent on total enrollment.
On July 19, 2022, the City Council awarded a Sports Program Services Agreement (“2022 Agreement”) to Skyhawks Sports Academy (“Skyhawks”) to provide youth multi-sport programming for a three-year term and a compensation amount of $300,000. The previous Agreement began on September 1, 2022, and expired on August 31, 2025. In April 2025, staff initiated a Request for Proposals (“RFP”) to procure a youth multi-sport programming contractor. Skyhawks did not submit a proposal in response to the RFP, and therefore, another contractor was selected based on the Purchasing and Contracting Guidelines (“Purchasing Guidelines”).
The new contractor, Hokali Inc. (“Hokali”) was awarded an agreement to begin on September 1, 2025. Unfortunately, Hokali was unable to perform and provide the services as required by the City, which led to the termination of its agreement before programming began. Following the termination of the Hokali agreement, staff initiated two short-term agreements with Skyhawks to provide youth multi- sport programming while the City conducted a subsequent procurement process Item: 9
34 to secure a new long-term vendor. These short-term agreements with Skyhawks ensured the City had youth multi-sport programming. Preserving access to this program has been a priority, as the youth multi-sport program has attracted as many as 375 participants per season.
On February 10, 2026, staff initiated a new RFP process to secure a service provider for youth multi-sports programming services. The RFP included the contract Scope of Work, Recreation and Contract Instructor Guide (Attachment 1), and Contract Class Proposal Application (Attachment 2). The procurement was posted on OpenGov, the City’s electronic procurement management system, for a period of two weeks. Although a variety of firms downloaded the procurement application packet, only Skyhawks submitted a response to the solicitation.
After review of the Skyhawks proposal, staff recommends awarding the proposed Sports Program Services Agreement to Skyhawks Sports Academy (“New Agreement”), to commence on June 1, 2026 (Attachment 3). The New Agreement includes a three-year term and a $200,000 compensation amount.
Under the New Agreement, program participants are required to register and pay a fee to participate in programming provided by Skyhawks. Skyhawks is entitled to 70% of all proceeds generated from program registration, while the City is entitled to the remaining 30%. Based on a historical review of youth multi-sport related programming, it is estimated that Skyhawks will receive $200,000 in compensation over the term of the proposed New Agreement. The 2025-2027 Operating Budget includes sufficient funding to cover the costs of the recommended action.
BACKGROUND:
The Community Services Division utilizes contracted instructors to offer recreation classes for the community. An important part of this recreational programming are the various youth sports programs offered by the City, which provide children of different ages with the opportunity to play a variety of sports throughout the year. The City enters into Sports Program Services Agreements with independent Recreation Contract Instructors to provide these services.
These agreements stipulate that the City is responsible for advertising the classes to the community, managing registration for the class, and hosting the class at City facilities. Unlike the City’s typical service agreements that include defined compensation rates, the compensation for these Sports Program Services Agreements is determined by the number of registered participants and the registration fee, which is then split through a 70/30 formula. Under the 70/30 formula, contractors are entitled to 70% of program registration revenue, while the City receives the remaining 30% upon completion of the class.
Item: 9
35 As part of the Purchasing Guidelines updated and approved by City Council in 2022, a specific procurement process has been developed to arrange for contract sports programs. The process was developed to create an open and fair approach to all potential contract providers, as well as the option to enter into a three-year contract with the selected organization that is approved by the City Council. It also established a workflow process for contracts based on the projected compensation to the vendor, as seen in Image 1 below.
Image 1: Recreation Vendor and Contract Instructor Procurement Types and Process
If it is anticipated that the total compensation to the vendor will exceed $10,000 per season, a Recreation and Contract Instructors procurement process must take place. This includes a public post soliciting proposals for the services, and interview, if necessary. Should staff expect compensation to exceed $50,000 over the term of the agreement with any contract provider of sports Item: 9
36 programming, as the New Agreement with Skyhawks does, the agreement must be approved by the City Council.
On July 19, 2022, the City Council awarded a three-year Recreation Vendor and Contract Instructor Sports Program Services Agreement (“2022 Agreement”) to Skyhawks Sports Academy in the amount of $300,000 to provide youth multi- sport programming. The 2022 Agreement began on September 1, 2022, and expired on August 31, 2025. With the end of the 2022 Agreement term approaching, staff initiated an RFP process in April 2025 to procure a youth multi-sport programming contractor to continue to fulfill the community needs.
Skyhawks did not submit a proposal. A different contractor, Hokali, was selected to provide the services at the conclusion of the RFP process.
As part of Hokali’s onboarding process as a new contractor with the City, staff communicated the City’s expectations and standards of compliance for contract instructors. The structure for City-based contract classes require that instructors remain in the classroom with young students until all children are picked up by a parent. Hokali determined its standard practices were incompatible with the City’s requirements and, as a result, its agreement was terminated prior to the commencement of any programming.
To ensure continued provision of youth multi-sport programs in light of the termination of the Hokali agreement, staff formed two short-term agreements with Skyhawks. The first of these short-term agreements included a $10,000 compensation amount and a term of December 1, 2025, to February 28, 2026.
The second short-term agreement includes a $40,000 compensation amount and a term from March 1, 2026, to February 28, 2027. These short-term arrangements were useful in mitigating the program disruption caused by the termination of the Hokali agreement. Preserving access to this program has been a priority, as the youth multi-sport program has attracted as many as 375 participants per season.
DISCUSSION:
After the termination of the arrangement with Hokali, staff initiated a new RFP process and began soliciting applications from qualified organizations interested in the opportunity to offer youth multi-sport programming to the community. The RFP process began February 10, 2026, with the opportunity posted on the City’s website and the OpenGov online procurement system that included a link to the Scope of Work, Recreation and Contract Instructor Guide (Attachment 1), and Contract Class Proposal Application (Attachment 2). Staff posted the RFP for two weeks. At the end of the two-week period, eleven firms downloaded the project Item: 9
37 and only one company, Skyhawks, applied. The following is a list of vendors that downloaded the project but failed to submit a proposal:
DF Interactive NC LLC
Elevo Learning
None (Martin Larinas)
North America Procurement Council Inc.
PWXPress
RevStar Consulting
Rising Stars Foundation
Seven Outsource
Source Management
Strategive Kids, LLC
Visual
Staff reviewed and approved the application from Skyhawks, concluding they are the vendor that is best-suited to provide youth multi-sport programming to the Lake Forest community. Skyhawks offers programming for children at all skill levels, including baseball, basketball, and soccer classes, paired with lessons on sportsmanship and teamwork. Their classes are held during each of the City’s four seasons for children from ages 2 through 10 years old. Skyhawks delivers a consistently high-quality program, provides excellent customer service, and has a positive track record of communicating effectively with staff over the term of prior contracts. Skyhawks has a history demonstrating quality of the programming, including a structured curriculum plan, participant engagement, and positive parent feedback.
Based on the results of the procurement process, staff recommends approval of a three-year Agreement with Skyhawks for youth multi-sport programming. Staff estimates the amount of compensation the City will pay to Skyhawks for such services (70% of program registration revenue) will be approximately $200,000 over the three-year Agreement term.
Due to the quality of its program offerings, as well as its established reputation, Skyhawks Sports Academy’s classes are highly regarded and well attended within the community. Registration fees for contract classes are collected by the City, paying 70% of proceeds to the vendor and retaining 30% for the City.
Table 1: Skyhawks Program Revenue Breakdown
Fiscal Year Total Revenue
Generated
Skyhawks
Revenue
Revenue
Retained by City
FY 2022-23 $39,531 $27,672 $11,859
FY 2023-24 $100,203 $70,142 $30,061
FY 2024-25 $103,607 $72,525 $31,082
Item: 9
38 Table 1 reflects the revenue generated per year with the increase in class offerings increasing per year. During the term of the 2022 Agreement, Skyhawks generated consistent and increasing revenues, which reflects the growing popularity of youth sports programming. Lake Forest and other cities throughout the region are experiencing an increase in demand for youth sports programing since the removal of COVID-19-related restrictions in 2022. Staff used the revenue history described in Table 1 to project the estimated revenue Skyhawks will likely receive if the New Agreement is approved.
Staff recommend the City Council approve the proposed New Agreement (Attachment 3) with Skyhawks to provide youth multi-sport programming at the Lake Forest Sports Park and authorize staff to make payments to the organization during this term.
FISCAL IMPACT:
Approval of the recommended action will result in an estimated compensation of $200,000 to Skyhawks over the term of the proposed New Agreement, dependent on registration quantity and type. This, in turn, will result in approximately $60,000 in revenue for the City over the term of the proposed Agreement (30% of registration proceeds). The 2025-2027 Operating Budget includes sufficient funding to cover the costs of the recommended action.
ATTACHMENTS:
1.Recreation and Contract Instructor Guide
2.Contract Class Proposal Application
3.Sports Program Services Agreement with Skyhawks
Initiated By: Laura Hunter, Recreation Manager
Submitted By: Sean McGovern, Deputy City Manager
Approved By: Debra Rose, City Manager
Item: 9
39 ATTACHMENT 1
Item: 9
40 CITY OF LAKE FOREST
RECREATION & CONTRACT INSTRUCTOR
GUIDE AND APPLICATION PACKET
Item: 9
41 Contract Classes
The City of Lake Forest provides recreation activities
to its residents through the Community Services
Division. In order to provide a wide array of classes, the City partners with independent contractors, each
specializing in skillsets not offered directly by the City.
The City’s annual class calendar breaks down into
four seasons:
• Summer (June, July, August)
• Fall (September, October, November)
• Winter (December, January, February)
• Spring (March, April, May)
All classes must start and end within the scheduled
session dates.
1 Item: 9
42 The arrangement for class instructors is that of an Independent Contractor with the City of Lake Forest. The payment percentage split is 70/30, with 70% of registration collected paid to the Instructors and the remaining 30% retained by the City. The City provides a facility, creates and distributes promotional materials, and processes registration and fee collection. Full session fees must be paid at time of registration. Instructors may not offer any special rates or fees, nor may they accept any registrations or payments*.
The marketing of courses consists of quarterly distribution in the Leaflet brochure, various flyers, ads, and press releases. Any outside marketing of courses must have the approval of the City.
Contract instructors are independent and not employees of the City. While not employed by the City, contract instructors are expected to act in a professional manner, and to abide by the rules of the City and its facilities. The City reserves the right to terminate an agreement at any time. *Payments are collected through ActiveNet, unless otherwise specified as part of an agreement by the City Manager or his/her designee.
2 Contract Instructor
Item: 9
43 Contract Class Proposal
and Applications
The Recreation and Contract Instructor Guide and Application Packet is available year- round on the City’s website. Contract instructors are welcomed and encouraged to complete an application to be considered for programming. For review, completed applications must be submitted to [email protected].
Applications will be reviewed on an on-going basis. If necessary, follow-up interviews may be scheduled by staff. It is important to note that programming decisions are made two seasons in advance of the program season, for scheduling purposes and inclusion of program information in the City’s quarterly publication, The Leaflet.
Staff will review applications and make selections based on several factors including popularity, type of class, and availability of instructor and facilities. Final programming decisions will be made no later than the first week of the season prior. 3 Item: 9
44 The Leaflet
4 The City publishes a quarterly publication, The
Leaflet, advertising all class offerings. The Leaflet
is distributed to over 35,000 homes each year.
Instructors are responsible for providing the
following information for publication:
• Description of the class
• Special instructions (if applicable)
• Material fees
• Required supplies
Item: 9
45 Contract Instructor Responsibilities
Instructors submit a
complete application,
including:
• Contact information
• Program details and
description
• Preferred dates, times,
locations
• Acknowledgement of
required documentation,
upon selection
If selected, contract
instructors will be required to
provide:
• Proof of General Liability Insurance
• Live Scan clearance
• Class layout
• Other required documentation
5 Item: 9
46 Class Requirements
Instructors are to include the minimum and maximum number of participants allowable per session. To limit the number of cancelled classes, the City reserves the right to not approve applications that have the minimum number of participants set too high. The minimum for first time classes, should be set low (e.g., 5 participants) in order to establish the course.
In the event the minimum number of participants is not met by the second meeting of the class, the class may be cancelled. In the event the class is cancelled, the Instructor will be under no obligation to provide instruction services and City will be under no obligation to pay Instructor.
If a class is advertised in two brochures, spanning two separated seasons, and registration minimums are not met within each period, the class will be cancelled and will not be readvertised in The Leaflet.
Classes will not be offered on City observed holidays (refer to City’s website for exact dates). 6 Item: 9
47 Contract Instructor
Agreements
Upon selection, the City will enter into a
mutual agreement with the Instructor.
Contracts will be created for a term of a
minimum of 3 months up to 1 year. Class
instructors may not hold classes until an
agreement has been signed and executed.
7 Item: 9
48 Rosters &
Enrollment
Instructors are responsible for verifying the identity
and registration of all class attendees. If an
attendee is not registered, they must do so prior to
participation.
Class rosters may only be used for attendance
records and may not be utilized for business
promotion or marketing purposes, unless initiated by
the City of Lake Forest.
Seven days prior to the start of a course, instructors
may either check registration through the ActiveNet
Instructor Portal or may contact the Recreation
Supervisor for assistance. If minimum attendance
requirements are not met by this time, the City will
provide registrants with a cancellation notice.
8 Item: 9
49 Cancellations, Absences, Make-Up
Classes, and Observation
The Instructor shall show up to the first class unless the Instructor cancels class one (1) week prior to class start date. If class is cancelled two (2) times in a row, the class will not be rescheduled until public demand has increased and as determined by the Community Services Division.
Instructors shall obtain permission from the Community Services Division at least one (1) week prior to any absence of the Instructor from the class. The Instructor will contact class participants when cancelling a Class. The Instructor is urged to arrange for a substitute in the event of missed classes.
Make up classes may be offered if the cancellation is caused by unforeseen circumstances, and if the City has approved a make up date and has available facilities to accommodate. Make up classes may be added to the end of the session, as long as they do not interfere with other programming. If make up classes are not scheduled, fees for the class may be refunded or a credit may be issued.
The City of Lake Forest, its officers, agents, and employees may observe classes, with or without notice. The City has priority use of its facilities and changes to pre-approved scheduling may not be feasible.
9 Item: 9
50 Fees and Compensation
Class instructors will receive 70% of the registration fees collected, with the City retaining 30%. Upon completion of the class, and submission of all rosters, the City will process payment.
The 30% retained by the City covers facility use and maintenance, inclusion of program details in The Leaflet, staff support, and other costs.
Instructors shall submit a W-9 form prior to the class session for compensation. The City will submit a request for payment upon conclusion of the last class. The Instructor shall be paid an amount equal to 70% of the total enrollment fees collected by the City for the class. Instructor payments will be mailed to the address on file within thirty (30) working days after the payment request has been submitted.
10 Item: 9
51 Refunds
A full refund, less the 3% credit card fee, will be
given for any activity cancelled by the City of Lake
Forest. The 3% credit card fee is non-refundable.
Refunds will not be issued for any portion of a
contract class after the second meeting of the
class has taken place. If a refund is requested
prior to the second meeting of class, a refund will
be issued, less a $10 administration fee.
For classes with a fee of $10 or less per
participant, refunds will not be issued, unless the
cancellation is initiated by the City.
Registrations are non-transferable*.
*Some exceptions may apply. See staff for additional details. 11 Item: 9
52 Logistics
• Classroom Layout
• Instructors must provide a classroom set-up description of all tables, chairs, and equipment needed for the class, no later than 2 weeks prior to start. Equipment available for use is as follows:
• Tables (6ft.)
• Chairs
• Sound system and microphone (s)
• TV and projector
• Trash receptacles
• Wi-Fi
• Materials Fee / Supply List
• Instructors may charge a nominal material fee, in addition to class registration fees. The fee must be justified with receipts and the instructor is responsible for collection of this fee.
12 Item: 9
53 Registration and Waivers
The City of Lake Forest processes registration for contract classes through the ActiveNet system. Use of any other registration system must be pre-approved as part of an
agreement. All participants must register and have signed a waiver prior to participation. For youth classes, the participant’s parent or guardian must sign the waiver.
13 Item: 9
54 Insurance and Liability
Class instructors are independent contractors; therefore, they must provide proof of insurance. Public liability and accident insurance ($1,000,000 minimum), naming the City of Lake Forest, its officials, employees, agents, and volunteers as additional insureds, must be provided to the City no later than one week following application submission.
Classes that are considered higher risk, as determined by the City’s Risk Management Department, will require higher or additional coverage.
Instructors may obtain sufficient insurance from a brokerage of their choosing or may purchase from the City.
See staff for additional information.
14 Item: 9
55 Safety
The safety of the Lake Forest community is of the utmost importance. In order to provide a fun and safe environment, the following information must be acknowledged and followed by Instructors:
Supervision of Youth Classes and Camps
• Instructors must ensure children are supervised at all times. Children are not be to left unsupervised, nor are they allowed to roam or wander around the facilities, including for restroom breaks. Children are not to be dismissed until a parent/guardian arrives for pick-up. Instructors are not permitted to leave the premises until all children have been released to their parent/guardian. If additional assistance is needed, contact the Recreation Supervisor.
Accident/Incident Reports
• Should an accident or injury occur, contact City staff immediately. Accident/Incident reports are completed by staff and must be completed within 24 hours of occurrence.
Release of Accident Information
• Should an accident or injury occur, Instructors are not to give any information to any person, except for the Recreation Supervisor, Recreation Manager, or Community Services Director.
General Safety Guidelines
• As an extension of the City of Lake Forest, Instructors must provide a safe environment for contract class participants, staff, and all other facility visitors. Instructors are expected to use good judgement and to encourage participants to follow safety guidelines.
Liability
• Both Instructors and the City of Lake Forest may be held liable for accidents, injuries to people or property damage resulting from negligence. Please exercise caution and safety in all activities. 15 Item: 9
56 General Rules and
Guidelines
16 Instructors must read, acknowledge, and abide by the following policies:
• Live Scan
• *Fees paid at Instructor’s expense. Clear results must be received by the City prior to class instruction. Any person teaching a class, with registrants 18 and under, (including substitutes) must meet this requirement.
• Mandated Reporting
• Harassment Policy
• Videos and Recording Surveillance
All activities provided by Contract Instructors, at both City-owned and privately-owned facilities, must abide by all rules and regulations of the City.
Item: 9
57 ATTACHMENT 2
Item: 9
58 Contract Class Proposal Application
Instructor Name:
Address:
Phone Number
Yes No
Home:
Other:
May we give this phone number to the public?
Email Address:
Information listed below represents a class and schedule I am submitting for consideration by the City of Lake Forest Community Services Division.
Date:Signature:
Proposed Course Title:
Course Description:
Ages:
Number of days per week:
Number of weeks:
Date:
to
Day(s):
Time(s):
Proposed Fee:
Material Fee (If Any):
Class Minimum:
Class Maximum:
Note: Class minimums may not exceed five (5) participants. Please price accordingly.
Item: 9
59 Contract Class Proposal Application
The Recreation and Contract Instructor Guide and Application Packet is available year-round on the City’s website. Contract instructors are welcomed and encouraged to complete an application to be considered for programming. For review, completed applications must be submitted to [email protected].
Applications will be reviewed on an on-going basis. If necessary, follow up interviews may be scheduled by staff. It is important to note that programming decisions are made two seasons in advance of the program season, for scheduling purposes and inclusion of program information in the City’s quarterly publication, The Leaflet.
Staff will review applications and make selections based on several factors including popularity, type of class, and availability of instructor and facilities. Final programming decisions will be made no later than the first week of the season prior.
The City publishes a quarterly publication, The Leaflet, advertising all class offerings. The Leaflet is distributed to over 35,000 homes each year. Instructors are responsible for providing the following information for publication:
• Description of the class
• Special instructions (if applicable)
• Material fees
• Required supplies
Recreation and Contract Instructors are required to review the Recreation and Contract Instructor Guide and Application Packet, and acknowledge its procedures and requirements. Initial below, where applicable.
Live Scan Harassment Policy Mandated Reporting Videos and Recording Surveillance This application, the applicable policies, insurance, and all other requirements are due to the Community Services division.
Additional requirements are due within one week of application submission.
The arrangement for class Instructors is that of an Independent Contractor with the City of Lake Forest. The payment percentage split is 70/30, with 70% of registration collected paid to the Instructors and the remaining 30% retained by the City.
The City provides a facility, creates and distributes promotional materials, and processes registration and fee collection. Full session fees must be paid at time of registration. Instructors may not offer any special rates or fees, nor may they accept any registrations or payments. Payments are collected through Active Net, unless otherwise specified as part of an agreement, approved by the City Manager or his/her designee.
The marketing of courses consists of quarterly distribution of The Leaflet brochure, various flyers, ads, and press releases. Any outside marketing of courses must have the approval of the City.
Contract instructors are independent and not employees of the City. While not employed by the City, contract instructors are expected to act in a professional manner, and to abide by the rules of the City and its facilities. The City reserves the right to terminate an agreement at any time.
The City of Lake Forest provides recreation activities to its residents through the Community Services Division. In order to provide a wide array of classes, the City partners with independent contractors, each specializing in skillsets not offered directly by the City.
The City’s annual class calendar breaks down into four seasons:
Summer (June, July, August)
Fall (September, October, November)
Winter (December, January, February)
Spring (March, April, May)
All classes must start and end within the scheduled session dates.
Item: 9
60 ATTACHMENT 3
Item: 9
61 YOUTH MULTI-SPORT (BASEBALL, BASKETBALL & FOOTBALL)
PROGRAM CONTRACT SERVICES
(2026-027)
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
Docusign Envelope ID: C1837235-E027-4414-BC0B-CAC53E732102 Item: 9
62 City of Lake Forest
Sports Program Services Agreement
Youth Multi-Sport (Baseball, Basketball & Football) Program Contract Services
I. PARTIES AND DATE. ................................ ................................ ..............
II. RECITALS. ................................ ................................ ..............................
III. TERMS................................. ................................ ................................ ..
IV. SIGNATURES. ................................ ................................ ........................
V. EXHIBIT "A" SCOPE OF SERVICES ................................ ...........................
VI. EXHIBIT "B" - SCHEDULE OF SERVICES ................................ ..................
VII. EXHIBIT "C" - COMPENSATION ................................ ..............................
VIII. EXHIBIT "D" - INSURANCE REQUIREMENTS ................................ ...........
Docusign Envelope ID: C1837235-E027-4414-BC0B-CAC53E732102 Item: 9
63 Title: Youth Multi-Sport (Baseball, Basketball & Football) Program Contract 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 Skyhawks Sports Academy LLC, a Washington Limited Liability Company (LLC), with its principal place of business at 1826 E. Sprague Ave., Spokane, WA 99202 (“Contractor”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.” Docusign Envelope ID: C1837235-E027-4414-BC0B-CAC53E732102 Item: 9
64 Title: Youth Multi-Sport (Baseball, Basketball & Football) Program Contract Services 4 2. RECITALS.
2.1. Contractor.
Contractor desires to perform and assume responsibility for the provision of certain sports instruction and program services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing these services to public clients, is licensed in the State of California, and is familiar with the plans of City.
Docusign Envelope ID: C1837235-E027-4414-BC0B-CAC53E732102 Item: 9
65 Title: Youth Multi-Sport (Baseball, Basketball & Football) Program Contract Services 5 3. TERMS.
3.1. Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately provide the sports program and instruction services necessary for the Program ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations..
3.1.2 Term. The term of this Agreement shall be from June 1, 2026 to May 31, 2029, 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. Responsibilities of Contractor.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Program Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence Docusign Envelope ID: C1837235-E027-4414-BC0B-CAC53E732102 Item: 9
66 Title: Youth Multi-Sport (Baseball, Basketball & Football) Program Contract Services 6 upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Program or a threat to the safety of persons or property, shall be promptly removed from the Program by the Contractor at the request of the City. The key personnel for performance of this Agreement are as follows: N/A.
3.2.5 City's Representative. The City hereby designates Sean McGovern, Deputy City Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Contractor's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Contractor shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Contractor's Representative. Contractor hereby designates Brett Ragas, Contract Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-Contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Program, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be Docusign Envelope ID: C1837235-E027-4414-BC0B-CAC53E732102 Item: 9
67 Title: Youth Multi-Sport (Baseball, Basketball & Football) Program Contract Services 7 promptly removed from the Project by the Contractor and shall not be re employed to perform any of the Services or to work on the Program.
3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Program or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Insurance. Contractor agrees to procure and maintain, at Contractor's expense all insurance specified in Exhibit “D” attached hereto and by this reference incorporated herein. Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.
3.3. Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation for Services rendered under this Agreement in the form of program revenue as set forth in Exhibit "C" and City shall receive compensation from Contractor in the manner set forth in Exhibit "C" attached hereto and incorporated herein by reference. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.3 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Program, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City.
Docusign Envelope ID: C1837235-E027-4414-BC0B-CAC53E732102 Item: 9
68 Title: Youth Multi-Sport (Baseball, Basketball & Football) Program Contract Services 8 3.4. Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5. General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.1.4 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: Skyhawks Sports Academy LLC
1826 E. Sprague Ave.
Spokane, WA 99202
ATTN: Brett Ragas, Contract Manager
City: City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
ATTN: City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
Docusign Envelope ID: C1837235-E027-4414-BC0B-CAC53E732102 Item: 9
69 Title: Youth Multi-Sport (Baseball, Basketball & Football) Program Contract Services 9 3.5.2 Ownership of Materials and Confidentiality.
3.5.2.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.5.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Program. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Program in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.5.2.3 Confidential Information. The City shall refrain from releasing Contractor's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Contractor of its intention to release Proprietary Information. Contractor shall have five (5) working days after receipt of the Release Notice to give City written notice of Contractor's objection to the City's release of Proprietary Information. Contractor shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Contractor fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non- appealable order by a court of competent jurisdiction requires that City release such information.
3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
Docusign Envelope ID: C1837235-E027-4414-BC0B-CAC53E732102 Item: 9
70 Title: Youth Multi-Sport (Baseball, Basketball & Football) Program Contract Services 10 3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
3.5.5 Indemnification.
To the fullest extent permitted by law, Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, Contractor or agents in connection with the performance of the Contractor's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Contractor or the City, its officials, officers, employees, agents or volunteers.
If Contractor's obligation to defend, indemnify, and/or hold harmless arises out of Contractor's performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor's liability for such claim, including the cost to defend, shall not exceed the Contractor's proportionate percentage of fault.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other Contractors in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days Docusign Envelope ID: C1837235-E027-4414-BC0B-CAC53E732102 Item: 9
71 Title: Youth Multi-Sport (Baseball, Basketball & Football) Program Contract Services 11 or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the Docusign Envelope ID: C1837235-E027-4414-BC0B-CAC53E732102 Item: 9
72 Title: Youth Multi-Sport (Baseball, Basketball & Football) Program Contract Services 12 individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6. Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
Docusign Envelope ID: C1837235-E027-4414-BC0B-CAC53E732102 Item: 9
73 Title: Youth Multi-Sport (Baseball, Basketball & Football) Program Contract Services 13 4. SIGNATURES.
4.1. SIGNATURES.
CITY OF LAKE FOREST Skyhawks Sports Academy LLC
By: [AUTHORIZED CITY SIGNATURE]
Robert Pequeño
Mayor
By: [VENDOR SIGNATURE 1]
Matt Perham
President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By: [CITY CLERK SIGNATURE]
Thy Merritt
City Clerk
By: [VENDOR SIGNATURE 2]
Tracy Umbrell
Executive Director of Finance
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: C1837235-E027-4414-BC0B-CAC53E732102 Item: 9
74 Title: Youth Multi-Sport (Baseball, Basketball & Football) Program Contract Services 14 5. EXHIBIT "A" SCOPE OF SERVICES
5.1. EXHIBIT "A" SCOPE OF SERVICES
Contractor shall provide the services set forth herein to operate and implement Lake Forest Youth Multi- Sport Programs which would offer at a minimum; youth basketball, baseball, and football programs.
The schedule of instruction will begin June 1, 2026 through May 31, 2029 for the Summer, Fall, Winter, and Spring seasons.
A. Programming:
1. The City’s Youth Multi-Sport Programs shall operate four (4) seasons per year. The fall season may run anytime during the months of August through November, winter during December through February, spring will be March through May and summer is June through August.
2. Specific commencement dates will be determined and included in the Instructor Agreement, no less than three (3) months prior to the scheduled start date of each season.
3. Each season will consist of a minimum of a four (4) week program, which can be offered any day of the week.
1. Location Availability:
1. Available location for Multi-Sport Programs is at the Lake Forest Sports Park or otherwise designated City park location in the City of Lake Forest.
Docusign Envelope ID: C1837235-E027-4414-BC0B-CAC53E732102 Item: 9
75 Title: Youth Multi-Sport (Baseball, Basketball & Football) Program Contract Services 15 6. EXHIBIT "B" - SCHEDULE OF SERVICES
6.1. EXHIBIT "B" - PROGRAM SCHEDULE AND TERMS
Contractor shall perform the work and adhere to the program schedule as described in the above referenced Exhibit “A” Scope of Services at the direction of the City and in accordance with the following specific program terms:
Facility: Unless otherwise agreed upon by the parties, the City will provide and maintain a facility for the Program without charging Contractor any rental fees for the use of the facility. The City will be responsible for reserving location/field space, based on registration.
Publicity: The City will provide publicity relating to the instruction of the Program in the quarterly recreation brochure published four (4) four times each year, as applicable.
Instruction: Contractor shall provide employees or agents (“Employee(s)”) to instruct the Program. Contractor’s Employees agree to use his/her best efforts to properly instruct the Program in accordance with the Contractor’s Program description, as described on Contractor’s program application. Contractor is responsible for determining the method and manner of instruction.
Minimum Participants: Contractor shall determine the minimum number of participants required for instruction in the Program. In the event that the minimum number of participants is not realized by the second meeting of the Program, the Program may be canceled. In the event the Program is canceled, the Contractor will be under no obligation to provide instruction services and City will be under no obligation to pay Contractor. If the minimum number is met or exceeded, the Program will be held as scheduled (regardless if any of the initial participants terminate). If the demand is such that it is deemed necessary to institute an additional Program, it shall be taken under consideration and negotiated by the City and Contractor.
Staff Cooperation: Contractor shall at all times cooperate with the Community Services Division staff to ensure that the instruction of the Program conforms to the requirements of this Agreement. City Property. Contractor, on behalf of itself and its employees, agrees to use due care to properly secure and prevent theft of all property belonging to the City and its Community Services Division.
Discipline. Contractor, on behalf of itself and its Employees, agrees to use due care to ensure the orderly and disciplined conduct of all participants in the Program and to supervise the conduct of the participants and participants’ children. Children shall not run through City building or be unattended in facility at any time.
Absences: Contractor shall obtain permission of the Community Services Division at least one (1) week prior to any absence of an Contractor Employee from the Program. Contractor will contact Program participants when canceling a Program. The Contractor is urged to arrange for a substitute in the event of missed Programs.
Docusign Envelope ID: C1837235-E027-4414-BC0B-CAC53E732102 Item: 9
76 Title: Youth Multi-Sport (Baseball, Basketball & Football) Program Contract Services 16 Supplies and Equipment: Contractor shall acquire, provide, repair, and maintain at Contractor’s own expense such supplies, equipment and additional personnel as deemed necessary for personal use in performing the service under this Agreement.
Cancellations: Contractor’s Employee(s) who are assigned to a Program shall show up at first Program unless Contractor cancels Program one (1) week prior to Program start date. If Program is canceled two (2) times in a row, the Program will not be rescheduled until public demand has increased and as determined by the Community Services Division.
Contact Information: Contractor shall notify Community Services Division of the Contractor’s address change or telephone number change immediately.
Background Checks: Contractor, all Contractor’s Employees and their employees, or agreed upon substitute personnel who will be working with persons of 18 years of age or under as part of the services to be provided pursuant to this Agreement shall be required to pass a criminal background investigation prior to performing such services.
Contractor, all Contractor’s Employees and their employees, or agreed upon substitute personnel agrees to submit to a criminal background check conducted by the City or City’s designee at Contractor’s sole cost and expense, payable in advance. At the City’s absolute and sole discretion, the City may prohibit any person who does not pass the criminal background check required hereunder from working with any person 18 years of age or under unless and until the City receives clearance from the Department of Justice.
Docusign Envelope ID: C1837235-E027-4414-BC0B-CAC53E732102 Item: 9
77 Title: Youth Multi-Sport (Baseball, Basketball & Football) Program Contract Services 17 7. EXHIBIT "C" - COMPENSATION
7.1. EXHIBIT "C" - COMPENSATION
Contractor shall receive compensation for services rendered in accordance with Section 3.3. of the Agreement in the manner set forth below:
Contractor shall submit an IRS W-9 form to the City each year before the program commences along with the current program registration fees. Contractor will submit payment to the City finance department, mailed to the address noted in Section 3.5.1.4 within thirty (30) working days from the beginning date of the Program. City shall receive compensation equal to 30% of the total seasonal revenue of the Program. Contractor shall receive compensation equal to 70% of the total revenue of the Program at the conclusion of each Program for a total not to exceed amount of ($200,000.00) of the term of the Agreement.
Docusign Envelope ID: C1837235-E027-4414-BC0B-CAC53E732102 Item: 9
78 Title: Youth Multi-Sport (Baseball, Basketball & Football) Program Contract Services 18 8. EXHIBIT "D" - INSURANCE REQUIREMENTS
8.1. EXHIBIT "D" - INSURANCE REQUIREMENTS
1.1.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence.
(C) Workers’ Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
1.1.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
Docusign Envelope ID: C1837235-E027-4414-BC0B-CAC53E732102 Item: 9
79 Title: Youth Multi-Sport (Baseball, Basketball & Football) Program Contract Services 19 (A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Professional Liability (Errors & Omissions):
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers’ Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
1.1.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self- insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
1.1.5 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a Docusign Envelope ID: C1837235-E027-4414-BC0B-CAC53E732102 Item: 9
80 Title: Youth Multi-Sport (Baseball, Basketball & Football) Program Contract Services 20 loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
1.1.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
1.1.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
1.1.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.
1.1.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
1.1.10 Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
1.1.11 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
1.1.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its Docusign Envelope ID: C1837235-E027-4414-BC0B-CAC53E732102 Item: 9
81 Title: Youth Multi-Sport (Baseball, Basketball & Football) Program Contract Services 21 officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
Docusign Envelope ID: C1837235-E027-4414-BC0B-CAC53E732102 Item: 9
82 CITY COUNCIL AGENDA REPORT
MEETING DATE: 05/21/2026
DEPARTMENT: Public Works
SUBJECT:
FIRST AMENDMENT TO THE AGREEMENT WITH ARAKELIAN
ENTERPRISES, INC., DBA ATHENS SERVICES FOR STREET SWEEPING
SERVICES
RECOMMENDED ACTION(S):
1. Approve the First Amendment to the Agreement for Street Sweeping Services with Arakelian Enterprises, Inc., dba Athens Services.
2. Authorize the Mayor to sign, and the City Clerk to attest, the First Amendment substantially in the form attached.
EXECUTIVE SUMMARY:
Arakelian Enterprises, Inc., dba Athens Services (“Athens”), provides street sweeping services under a three-year agreement approved by the City Council on June 26, 2023 (Attachment 1). The current agreement is set to expire on June 30, 2026. Athens has offered to extend the agreement for one additional year, with a rate increase consistent with the 2025 Consumer Price Index (“CPI”).
The proposed First Amendment (Attachment 2) would add $764,345.32 in compensation for street sweeping services and extend the term of the agreement through June 30, 2027. The amendment includes a 3.01% CPI adjustment to the unit prices established in the Agreement.
Staff recommend that the City Council approve the proposed First Amendment to ensure continuity in the maintenance of the City’s streets and City-owned parking lots. The Public Works Department prepared the proposed First Amendment, and the City Attorney’s Office reviewed and approved it as to form. There is sufficient funding for the recommended action.
BACKGROUND:
Athens is the City’s current contractor for street sweeping services. In 2023, the Item: 10
83 City entered into an agreement with Athens for Street Sweeping Services in the amount of $2,226,015 for a three-year term, commencing July 1, 2023, and ending June 30, 2026. Prior to this agreement, Athens provided street sweeping services to the city from 2012 through 2020.
The City established the street and park parking lot sweeping program to reduce debris entering storm drains and to maintain a clean appearance throughout the City’s streets and parks. Under the existing contract, publicly owned residential streets are swept twice per month, while arterial streets are swept weekly. The program also includes sweeping twelve (12) City-owned parking lots.
The program covers approximately 167 curb miles of arterial streets and 255 curb miles of residential streets. Athens is compensated based on the actual curb mileage of arterial and residential streets; however, the City requires that each street be thoroughly cleaned, gutter to gutter, according to the established schedule.
DISCUSSION:
In accordance with the City’s Purchasing and Contracting Guidelines, the Agreement for Street Sweeping Services includes a three-year term with two optional one-year extensions. The initial three-year agreement locked in pricing through June 30, 2026, with no price increases permitted during that period.
Following discussions with staff, Athens has offered to extend the contract term through June 30, 2027, thereby exercising the first of the two optional one-year extensions allowed under the agreement. This extension includes a
3.01% increase to current unit prices, consistent with the 2025 CPI.
Staff recommend that the City Council approve the First Amendment to the agreement with Athens, which provides for a one-year term extension and a 2025 CPI adjustment to unit prices for street sweeping services.
The proposed First Amendment would extend the agreement for one additional year and increase compensation by $764,345.32, for a total contract amount not to exceed $2,990,360.32.
Athens has demonstrated a consistent willingness to respond promptly to resident and staff requests and has completed all required sweeping activities in a timely manner. The company has provided exemplary service and has performed all required tasks within budget.
Table 1 below summarizes Athens’ performance from July 1, 2023, through Item: 10
84 March 1, 2026.
Table 1: Vendor Performance Assessment
Athens Services Performance Assessment
July 1, 2023 – May 19, 2026
Category Rating
Performance of Scope of
Services
☐Unsatisfied ☒Satisfied ☐Very
Satisfied ☐ N/A
Timeliness ☐Unsatisfied ☒Satisfied ☐Very
Satisfied ☐ N/A
Budget Performance ☐Unsatisfied ☐Satisfied ☒Very
Satisfied ☐ N/A
Customer Services ☐Unsatisfied ☒Satisfied ☐Very
Satisfied ☐ N/A
Consistent with the City’s Guidelines, including the vendor performance assessment, staff recommend that the City Council exercise its discretionary authority to approve the First Amendment to ensure continuity in street sweeping services. The Public Works Department prepared the proposed First Amendment, and the City Attorney’s Office reviewed and approved it as to form.
FISCAL IMPACT
The proposed First Amendment would add $764,345.32 to the agreement compensation for a total compensation amount of $2,990,360.32 and extend the term of the agreement by one additional year. There is sufficient funding in FY 2026-27 of the 2025-2027 Operating Budget.
ATTACHMENTS:
1. Agreement for Sweeping Services - Arakelian Enterprises, Inc., dba Athens
2. First Amendment to Agreement for Sweeping Services - Arakelian Enterprises, Inc., dba Athens
Initiated By: Michael McConaha, Deputy Director of Maintenance & Facilities
Submitted By: Douglas Erdman, Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 10
85 Attachment 1
Item: 10
86 -1- STREET SWEEPING MAINTENANCE SERVICES
CITY OF LAKE FORESTAGREEMENT FOR STREET SWEEPING SERVICES 1. PARTIES AND DATE. This Agreement is made and entered into this ____ day of _______________, 20___, by and between the City of Lake Forest, a municipal corporation, organized under the laws of the Arakelian Enterprises, Inc. dba Athens Services, a California corporation, with its principal place of business at 14048 Valley Blvd. Industry, CA 91746 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain street sweeping services required by the City which shall be performance in accordance with the terms and conditions set forth in this Agreement and all plans, specifications and other contract documents attached to or incorporated into this Agreement. Contractor represents that it is experienced in providing street sweeping services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that it is familiar with the plans of City. 2.2 Project. City desires to engage Contractor to render such services for street sweeping services 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the street sweeping herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The base term of this Agreement shall be from July 1, 2023 to June 30, 2026 , unless earlier terminated as provided herein. This Agreement may be renewed, upon request of Contractor, provided Contractor is not in material breach of the Agreement, for an additional one (1) year and another additional one (1) year thereafter, for a potential five (5)-year contract term, or as extended in accordance with Exhibit A, Section B.2..
Item: 10
87 -2- STREET SWEEPING MAINTENANCE SERVICES
Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth herein. 3.2 Responsibilities of Contractor. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform supportive or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf exclusive direction and control. Neither City, or any of its officials, officers, directors, employees employees or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit professional and technical personnel required to perform the Services in conformance with provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City, whose approval shall not be unreasonably withheld. The City hereby designates Thomas Wheeler, P.E. Director of Public Works/ City Engineer, or his/her designee, to act as its representative in all matters Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Contractor but not the authority to enlarge the Scope of Work or change the total compensation due to Contractor under this Agreement. The provisions contained in Section 3.3 and Exhibit A of this Agreement. Contractor shall not or his/her designee. Steven Librenjak, Division Vice President, or his or her designee, to act as its representative for the performance authority to represent and act on behalf of the Contractor for all purposes under this Item: 10
88 -3- STREET SWEEPING MAINTENANCE SERVICES
best skill and attention, procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. City and Contractor agree to work closely with each other in performance of Services and shall be available to each other at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the discipline necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions to the extent sole failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability to the extent arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
Item: 10
89 -4- STREET SWEEPING MAINTENANCE SERVICES
3.2.10 .Labor3.2.10.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of payment of prevailing wage rates and the pPrevailing Wage Laws may in the future be deemed to apply to the Services. If the Services being performed are deemed by the Department of Industrial to be parby the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws and the Services shall be compensated as . City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties project site. If the Prevailing Wage Laws are deemed to apply, to the Services, Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.. 3.2.10.2 Registration. If the Services are being performed as part of an 1725.5 and 1771.1, Contractor and all subcontractors must be registered with DIR. Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by ration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 3.2.10.3 It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Contractor shall therefore comply with such Labor Code sections to the fullest extent required by law. expense all insuDincorporated herein. Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City. 3.2.12 Bonds. attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to- Item: 10
90 -5- STREET SWEEPING MAINTENANCE SERVICES
exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.1insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.2.13 Water Quality Management and Compliance. 3.2.13.1 Storm Water Management. Storm, surface, ground, nuisance, or other waters may be encountered at various times during the Services. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom. 3.2.13.2 Compliance with Water Quality Laws, Ordinances and Regulations. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, written policies, or permits issued pursuant to any such authority. Contractor shall additionally comply with the laws and regulations of the City, Item: 10
91 -6- STREET SWEEPING MAINTENANCE SERVICES
and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs. 3.2.13.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances and regulations listed in paragraph 3.2.13.2, Contractor must comply with all the City of Lake Forest Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, stormwater runoff, and receiving water quality. Contractor shall be familiar the DAMP, and the LIP and shall comply with the requirements as specified therein. A copy of the DAMP is available on the internet at: http://www.ocwatersheds.com/documents/damp/mapplan A copy of the LIP is available on the internet at: http://www.lakeforestca.gov/296/Local-Implementation-Plan-LIP 3.2.13.4 Standard of Care. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding the requirements of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement as they may relate to the Services. 3.2.13.5 Liability for Non-compliance. (A) Indemnity: With respect to the laws, regulations, standards and ordinances listed in Sections 3.2.13.2, 3.2.13.3, and 3.2.13.4 Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for to the extent arising from noncompliance with the laws, regulations, and ordinances listed in Sections 3.2.13.2, 3.2.13.3, and 3.2.13.4 of this Agreement arising out of or in connection with the Services. (B) Defense: City reserves the right to defend any enforcement action or civil action brought regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity, provided that Contractor approves defense counsel and any such settlement. (C) Damages: City may seek damages from Contractor for delay in completing the Services failure to comply with the laws, regulations, policies and standards Item: 10
92 -7- STREET SWEEPING MAINTENANCE SERVICES
described in Sections 3.2.13.2, 3.2.13.3 and 3.2.13.4 of this Agreement, or any other similar relevant water quality law, regulation, or policy. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit exceed TWO MILLION TWO HUNDRED TWENTY-SIX THOUSAND FIFTEEN DOLLARS ($2,226,015Mayor or City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized invoice which indicates work completed and hours of Services rendered by Contractor. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein and only such disputed fees may be withheld. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by the City Manager. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that means any work which is determined by City to be necessary, or requested by Contractor subject to City approval which shall not be unreasonably withheld, for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Extra work includes, but is not limited to, changes in law, City-directed changes to the Services, changes to the applicability of the Prevailing Wage Law to the Services. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to the performance of Services. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
Item: 10
93 -8- STREET SWEEPING MAINTENANCE SERVICES
3.5 General Provisions.3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. Upon the material breach of this Agreement, City may terminate the whole or any part of this Agreement as specified in Exhibit A, Section G.4. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Contractor: Arakelian Enterprises, Inc. dba Athens Services 14048 Valley Blvd. Industry, CA 91746 ATTN: Steven Librenjak, Division Vice President City: City of Lake Forest 100 Civic Center Drive Lake Forest, CA 92630 ATTN: CITY CLERK Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party 3.5.5 Subcontractors. this Agreement shall not include (i) third party operators or owners of waste disposal or processing facilities or (ii) subhaulers of waste.
Item: 10
94 -9- STREET SWEEPING MAINTENANCE SERVICES
3.5.6 Indemnification. To the fullest extent allowable by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, attorney fees and related costs and expenses, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner to the extent arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors to the extent arising out of or in connection with the performance of the Services, the Project or this Agreement. Contractor shall defend, at proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Coany, received by the City, its officials, officers, employees, agents or volunteers. 3.5.6.1 Exception. Notwithstanding any provision in this Agreement to the contrary, Contractor shall not be required to defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, whatsoever, to the extent arising from or in connection to (i) any acts or omissions of third parties or (ii) the negligence, willful misconduct, violation of law, or breach of this Agreement by the City, its officials, officers, employees, volunteers and agents. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. contractors in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
Item: 10
95 -10- STREET SWEEPING MAINTENANCE SERVICES
3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other considera-tion contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant pBusiness Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to -insurance in Item: 10
96 -11- STREET SWEEPING MAINTENANCE SERVICES
accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.23 Non-City's appropriation to fund the Agreement. If the City Council fails to appropriate funds for a fiscal year sufficient to allow the City to make timely payments to the Agreement under this Agreement for such fiscal year (excluding any amounts in dispute), then the Contractor shall have the right to stop work pending receipt of all past-due payments and evidence that sufficient funds have been appropriated or to terminate this Agreement. Any delay resulting from such suspension shall be deemed caused by the City. If requested by Contractor, the City shall provide information to the Contractor regarding the amounts appropriated for the Agreement. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
Item: 10
97 -12- STREET SWEEPING MAINTENANCE SERVICES
CITY OF LAKE FOREST ARAKELIAN ENTERPRISES, INC. DBA ATHENS SERVICES By: By: Doug Cirbo Mayor Ron Arakelian, Jr. President ATTEST: By: Michael Arakelian Secretary By: City Clerk APPROVED AS TO FORM: By: Best Best & & Krieger LL City Attorney Item: 10
98 -13- STREET SWEEPING MAINTENANCE SERVICES
Exhibit A CITY OF LAKE FOREST STREET SWEEPING MAINTENANCE SERVICES SCOPE OF SERVICES Section A Primary objectives of the sweeping program are to: Establish and adhere to a regular schedule of performance for the sweeping of approximately 167.34 miles of arterial highways, which includes curbs, raised medians, painted medians, intersections and alleys and 254.93 curb miles of residential streets in the City of Lake Forest. Contractor will be compensated based on the actual curb mileage for arterial and residential streets noted above; however, the City requires each arterial street to be uniformly cleaned gutter to gutter once per week and each residential street twice per month. Maintain gutter flow lines in streets and parking lots free of debris for free flow of water. Maintain a state of cleanliness for road and pedestrian safety consistent with the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of California. Meet all Air Quality Management District (AQMD) street sweeping fleet requirements. The City of Lake Forest prefers that all sweepers used for arterial and residential sweeping are powered by alternative fuel sources (e.g. compressed natural gas, liquefied natural gas, electric, propane, etc.). NPDES meet or exceed NPDES permit requirements for the San Diego Regional Water Quality Control Board (SDRWQCB) and the Santa Ana Regional Water Quality Control Board (SARWQCB) MS4 Permit to reduce pollutants. The City utilizes street sweeping as a method of preventing urban pollutants (i.e. sediment, trash, debris, leaves) from entering the Storm Drain System and the n integral part of meeting this requirement.
Item: 10
99 -14- STREET SWEEPING MAINTENANCE SERVICES
Section B 1. Definition of Terms a. Agreement/Contract this document and its exhibits for street sweeping in the City of Lake Forest. b. City shall mean the City of Lake Forest, California, its officers, employees, or representatives. City may be more narrowly defined where appropriate as the Director of Public Works/City Engineer. c. Contractor he person, corporation, or partnership, its officers, employees or representatives performing street sweeping services under contract with the City. d. Curb Mile is the measurement used to determine compensation under this contract. Compensation Curb Mile value shall be rounded to the nearest whole mile. e. Debris obstructions and all other foreign material to be removed from paved streets with a mechanical street sweeper. f. May g. Shall h. Streets Item: 10
100
-15- STREET SWEEPING MAINTENANCE SERVICES
-of-way within the existing or future corporate limits of the City of Lake Forest which are paved. i. Street Sweeping/Sweepings shall mean the removal, by mechanical street sweepers, or manually by the sweeper operator, of all debris from all portions of listed City parking lots, streets, including but not limited to street intersections, the areas adjacent to curbs and raised medians, left-turn pockets, painted center striped medians on arterial streets, median bull-noses, dead spots and cross-gutters. This includes all debris removed from streets, by street sweeping vehicles, equipment, manually by hand and tools. 2. Meet and Confer Prior to the culmination of the Base Term of the Agreement and each one (1) year extension of the Agreement, as specified in Section 3.1.2 of the Agreement, the City and Contractor shall meet and confer to discuss the further extension of the Agreement or a restated long-term contract. If City and Contractor are unable to agree on a mutually acceptable extension or contract, the agreement will expire as provided in Section 3.1.2 of the Agreement. 3. Services Requested Services shall include furnishing all labor, equipment, tools, fuel, materials, insurance, supervision, disposal costs, and all other items incidental thereto and to perform all work necessary as specified, for machine street sweeping or manual sweeping. Contractor shall provide his own yard for parking, maintenance, and storage of all equipment. City requires a dedicated driver(s), and any material changes to the Services shall require discussion and approval by the City, which shall not be unreasonably withheld. a. Water Contractor shall furnish all water required for performance of this contract by first making arrangements with the various governing water districts and shall pay all fees and comply with all requirements thereof. Contractor acknowledges that all sweepers are equipped with, and all drivers instructed in the proper use of, approved hydrant wrenches and anti-surge/eddy valves. In the event Contractor condition and location to the governing water district within twenty-four (24) hours. 4. Routine/Scheduled Sweeping and Cleaning Item: 10
101
-16- STREET SWEEPING MAINTENANCE SERVICES
The routine sweeping includes the recurring sweeping of all arterial, industrial collector, and residential streets on the current mileage inventory. Street sweeping of all streets shall be done in accordance with the Street Sweeping Schedule and Maps in Exhibit C. Sweeping shall be performed weekly on arterial highways and on specified collector/residential streets (Monday through Friday). Local street sweeping generally follows waste (trash) pick-up schedule by one day, shall be on the consistent scheduled days each month during the first and third week of every month, and shall not occur before 7:30 a.m. Arterial highway and specified collector/residential sweeping may occur in the early morning hours except when noise complaints require a later start time or as otherwise referenced. Contractor shall adjust start times of sweeping as directed without a change in compensation. No arterial highway sweeping shall occur during peak hours of 6:00 a.m. to 9:00 a.m. or 4:00 p.m. to 7:00 p.m. Streets designated by the City Contractor during routine/scheduled sweeping with the specified and posted No Parking hours. Sweeping of these streets shall be initiated by Contractor within two hours of the beginning of the specified and posted No Parking hours and shall by fully completed before the end of said hours. Street Sweeping and Cleaning includes intersection dead spot cleaning and other street sweeping within the right of way, and sweeping outside of the right of way so designated hereinbelow: a. Currently the only areas manually swept/blown are around the Civic Center (City Hall) 100 Civic Center Dr. Lake Forest 92630. Areas maintained are underneath parking structure staircases, around blocking blocks, electric vehicle charging stations and parking structure pillars. b. Sweeping of City-owned park parking lots in Lake Forest shall be done once per month between 10pm and 6am in accordance with the area schedule and proposed as a per visit cost per park. c. Lake Forest City-owned park parking lots are as follows (See Exhibit C for map): Heroes Park 25420 Jeronimo Road Darrin Park 22461 Cherry Avenue Rancho Serrano Park 20842 Paseo Sombra Etnies Skatepark 20028 Lake Forest Drive Concourse Park 18931 Saddleback Ranch Road Foothill Ranch Community Park 19422 Rue De Valore Borrego Park 26982 Cabriole Tamarisk Park Tamarisk at Peachwood Baker Ranch Community Park 26380 Rancho Parkway Lake Forest Sports Park 28000 Rancho Parkway Item: 10
102
-17- STREET SWEEPING MAINTENANCE SERVICES
Lake Forest Civic Center (Includes Two-Story Parking Garage) 100 Civic Center Drive and spaces in front of Administration Building. Portola Park 28040 Glenn Ranch Road 5. Extra Sweeping The City requires residential street sweeping twice per month. There may be times when there would be three weeks or more between scheduled sweeps. If the City requests additional sweeping during this or other similar extended periods of time, the extra swee. For the avoidance of doubt, the City intends for extra sweeping to be accomplished under the same conditions and requirements as the normally scheduled twice per month sweeping. There may be areas and/or individual streets that the City may request more frequent sweeping. For example, some commercial areas may need to be swept weekly to reduce tree litter debris during the Fall season or reduce trash and debris to an acceptable level as described in the scope of work. If the City requests more frequent sweeping for certain areas and/or individual streets, then the extra sweeping shall . For the avoidance of doubt, the City intends for extra sweeping to be accomplished under the same conditions and requirements as the normally scheduled twice per month sweeping. 6. Special Street Sweeping Occasional street sweeping of special events, spills, and unusual conditions or any other sweeping requested by the City, not included in routine/scheduled sweeping, may be required of the Contractor. Billing for special sweeps will be based on an hourly rate with travel time included to and from then-approved fee schedule. Street sweeper shall temporarily postpone scheduled sweeping and respond Scheduled sweep will resume once special sweep has been completed. Contractor will contact City personnel when special sweep has been completed so location may be inspected and verified for cleanliness. Special sweeps are between the hours of 7:30 a.m. and 5:30 p.m. a. City 4th of July Parade The Contractor shall at no additional cost to the City provide street sweeping along the parade route th of July parade. The parade route contains approximately 8 curb miles which includes approximately 1.5 median curb miles and .75 painted median miles. The pre parade route shall be swept the Item: 10
103
-18- STREET SWEEPING MAINTENANCE SERVICES
evening of July 3rd and completed prior to 3am on July 4th and the post parade route shall be swept after 3pm on July 4th. 7. Emergency Sweeping Contractor may be required to perform occasional emergency sweeping to include non-hazardous spills, accident clean-ups and unusual conditions which would require non-scheduled after-hours, weekend and holiday responses. Responses to City-requested field location emergency sweeps shall be within one (1) hour of notification by City. Contractor shall provide City with name and phone number of contact persons for after-hours emergency sweeps. Emergency sweeps are between the hours of 5:30 p.m. and 7:30 a.m. Emergency sweeps shall constitute Extra Work. Invoice for emergency sweeping is based on an hourly rate with travel time included to and from nearest the then-approved fee schedule. a. Response to Emergency Services The Contractor shall respond to emergency notification requests from the City or response) within 15 minutes for instructions by City staff. Failure to respond to request within time allowed shall invoke a performance deficiency deduction. Contractor shall have manpower, equipment and materials at designated location within one (1) hour from the time of work order issuance. By submitting a proposal, the Contractor commits to being able to provide manpower and equipment on Saturdays, Sundays, holidays and overtime, when requested. 8. Re-sweeps Re-sweeps are those required of the Contractor when, after reasonable inspection by the City, are demonstrated by City as not to meeting the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of California, or when a street or section has been missed during the regularly scheduled street sweeping. Re-sweeps are completed at the expense of the Contractor. Contractor shall notify City representative when re-sweeps are scheduled and upon completion. a. Response to re-sweeps shall be within twenty-four (24) hours after being notified by City representatives and are to be completed at the expense of the Contractor. b. High profile and safety-related residential re-sweeps, as determined by City, shall be completed prior to 3:30 p.m. the same day Contractor was notified by City representative. c. Arterial re-sweeps shall be completed prior to 6:00 a.m. the following day after contact by City representative and are to be completed at the expense of the Item: 10
104
-19- STREET SWEEPING MAINTENANCE SERVICES
Contractor. High profile and safety-related arterial re-sweeps shall be completed prior to 4:00 p.m. the same day Contractor was notified by City representatives. Section C a. Sweeping Practices and Standards of Performance a. Areas of Street Areas of street shall include curb lines along both sides of the roadway or to the edge of pavement where no curb exists, along all curbs on raised medians, over all portions of painted median, painted left and right turn pockets, City-owned park parking lots, and all intersection cross-gutters. Noses or ends of curbed medians, arterial intersection turn pockets, and arterial intersection center areas shall be maintained as requested and included within the curb mile price. Curb returns (radii) at intersections of arterial and residential streets will be swept along their entire length and free of debris on scheduled arterial sweep days. Excluded from areas to be swept are those that would cause damage to the equipment used. While C(sweeper width), curb to curb sweeping, or a portion of, may be needed at some locations due to unforeseen circumstances and shall be included within the curb mile price. b. Flow of Traffic Sweeping shall be accomplished in the same direction as traffic flow at all times during sweeping. c. Water Water shall be used during all sweeping operations to minimize dust, except when requested by City staff. Enough water should be used to minimize dust, but not an excessive amount to create runoff. Water costs shall be borne by the Contractor. Contractor shall demonstrate approval from the governing water district allowing access to the water supply. d. Warning Devices Vehicles shall be equipped with top-mounted warning lights (rotating or beacon) visible for 360 degrees or comparable traffic safety lights when sweeping. A rear-mounted left/right arrow stick shall be required for all arterial and bike lane sweepers. e. Sweeping Speed Item: 10
105
-20- STREET SWEEPING MAINTENANCE SERVICES
Sweeping speed shall be adjusted to street and debris condition with a maximum speed of eight miles per hour (8 MPH). City streets swept while driver exceeds eight miles per hour (8 MPH) will be re-expense. In addition, a verbal warning will be given for the first violation. A notice will be issued upon the third violation (see Section G.3, Failure to Perform, and G.4, Default). Contractor shall not allow any debris to enter storm drain inlets (catch basins) as a result of any of their operations. At the location of City catch basins that are equipped with debris shields, or gates, the sweeping operation shall pause by reducing speed to one mile per hour (1 mph) to pick up all collected debris in front of entwined within the debris shields, grates, or gates. If debris cannot be removed mechanically by the sweeper in front of storm drain inlet debris shields or gates, debris shall be manually removed from the sweeping path by the sweeping operator rather than going around it. The extra effort cost for manual clean up in front of storm drain inlets (catch basins) shall be included in the contract cost per curb mile. f. Extra Effort Sweeping shall normally consist of a single pass over an area; however, the Contractor shall make additional passes or such extra effort as may be required to adequately clean the street. Heavy debris shall be removed unless the removal cannot be accomplished without damage to equipment or infliction of personal injury. Extra effort will be required when sweeping equipment leaves a dirt/silt smear in its swept pathway. Such extra effort will be strictly enforced during and after windy conditions and storm weather. The cost for any extra effort hereunder shall be included in the contract cost per curb mile. g. Obstructions Non-swept or non-sweepable items such as small tree limbs, palm fronds, rocks, silt, mud, trash and debris shall be manually removed from the sweeping path by the sweeping operator rather than going around it. Heavy debris build up that results in debris piles behind the sweeper shall be removed from the roadway and gutter prior to the end of the same working shift. The cost for any extra effort shall be included in the contract cost per curb mile. Larger obstructions such as impaired vertical and/or horizontal clearance by tree limbs, construction or landscape contractor debris, mudslides, furniture, bulky items, etc. shall be immediately reported to the City when the location cannot be swept. Contractor may go around homeowner landscaping debris, landscape company or construction debris only when all of the following conditions are met:
Item: 10
106
-21- STREET SWEEPING MAINTENANCE SERVICES
1. Source of debris is obvious and not natural accumulation. Debris should be bagged and/or disposed of by party responsible. 2. Contractor notified City within twenty-four (24) hours. Contractor is not responsible for areas missed because of parked vehicles and other personal property such as toys, bicycles, basketball hoops, and skateboard ramps. h. Level of Cleanliness Contractor shall remove all loose debris obstructions and material normally picked up and removable by a fully operational mechanical street sweeper. This includes, but is not limited to: sand, gravel, glass, nails, bottles, cans, leaves, silt, mud, and litter. Debris swept onto residential and arterial driveway aprons, sidewalks, and access ramps will require additional passes by the sweeper operator. If debris cannot be re-swept, the driver/sweeping contractor will be responsible for the manual clean-up. Clean-up will be completed at time of 1. Notification of Non-Sweeping Contractor shall provide City representatives on a daily basis (when applicable) with list of all streets not swept when regular sweeping schedule is interrupted for any reason and shall deduct said street(s) from the sweeping billing for that day. Contractor shall provide a list of streets not swept to the City by text, telephone or email by the end of the workday. The City shall notify the Contractor by text, telephone or email on non-notification will serve as a non-sweep day and will not be paid for by the City unless an alternative sweeping schedule is coordinated by the Contractor and is submitted to the City for approval. i. Quality of Sweeping Street sweeper shall leave designated areas of sweeping free of dirt, litter, debris, obstructions, smears, and visual dust consistent with the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of California. j. Storage of Equipment The City of Lake Forest will not provide for storage of street sweeping related items. The Contractor is responsible to make arrangements for the storage of materials, and supplies. Notwithstanding any provision in this Agreement to the contrary, no later than five days after the mutual execution of this Agreement, the Item: 10
107
-22- STREET SWEEPING MAINTENANCE SERVICES
City will issue a permit to provide Contractor 24/7 access to City parking facilities adjacent to City Hall for the parking or storage of Contractor sweepers used in the performance of work. Section D 1. Equipment Requirements Quality and quantity of the equipment used by Contractor for the sweeping of streets shall be sufficient to perform the work required herein within the hours of work specified herein. The City requires an absolute minimum of one (1) primary sweeper and one (1) backup sweeper. Primary sweepers shall be a combination vacuum/broom function within the same unit and shall be used exclusively for the City under this agreement. The back-up sweeper shall be mobile or vacuum/broom equivalent and shall be made available in case of breakdown of primary sweeper or sweepers. A total of at least two (2) sweepers shall be available to perform street sweeping services. Vacuum/broom-type sweepers shall be used for the scheduled sweeping of residential streets/arterial streets. All sweeping equipment used by Contractor for the City shall have the same curb mile cost. All equipment used by Contractor for the City shall meet City requirements and standards. Contractor shall provide effective pollutant and/or debris removal (i.e. sediment, trash, leaves, debris, metals, oil, and grease). All - Equipment used to clean specified parking lots shall be a combination of air blowers to clean areas not readily accessible by vehicles plus light duty sweepers meeting all regulations and specifications included herein and that will not unduly load the pavement surfaces causing distress and damage. Contractor shall bear all costs for the repair of damages to pavements and facilities resultant from their operations. Hand carried backpack air blowers shall be utilized to transport sidewalk and bike trail debris to the curb line ahead of and for pick up by the vacuum/broom sweeper equipment. Areas of parking lots not reachable by the sweeper equipment shall first be blown clean by use of the hand carried backpack air blowers, as needed. Backpack air blowers shall be muffled to reduce noise to the maximum extent possible. 2. Alternative Fuel Equipment y standards, the City prefers that alternative fuel vehicles be used in the sweeping of its streets. Contractors electing to use alternative clean-burning fuels shall provide test-proven documentation to verify the fuels clean-burning efficiency. All equipment used in performance of this contract shall be in compliance with South Coast Air Quality Management District Rule 1186.1. All documentation and literature shall be included with the bid/bid documents.
Item: 10
108
-23- STREET SWEEPING MAINTENANCE SERVICES
3. Equipment Identification All vehicles shall have safety features and shall be painted a uniform color and shall (949) 461- Contractor shall bear all costs for equipment identification. 4. Type and Capacity Arterial and residential sweepers must be capable of sweeping a minimum eight-foot g the curb. Street sweepers must have a minimum hopper capacity of three (3) cubic yards. At least one sweeper must be equipped with a left-gutter broom for median work; all others may be single or dual gutter broom machines. Contractor is required to have both mechanical broom type and vacuum/regenerative air or combination vacuum/broom (BAH) type municipal sweepers available for this contract. Alternative street sweepers will be considered, if capable of meeting City requirements and standards. The type used in specific areas will be at the discretion of the City providing performance standards are met. Sample types include Mobile broom sweepers, Tymco 600 regenerative air sweepers, and Tymco 600 regenerative air sweeper with a broom-assisted head (BAH) and their equivalents. This is not to be considered an endorsement, and the City maintains final determination of equipment adequacy. Sweeper equipment operators shall wear protective clothing, equipment, and a fluorescent safety vest meeting the requirements of ANSI/SEI 107-2010 Class III at all times. Street sweepers used for bike lane and arterial street sweeping shall have an hopper. Additionally, a rotating 360º safety beacon or comparable traffic safety light is required to be placed on roof of truck cab or atop hopper. Sweeper equipment operators shall wear protective clothing, equipment, and a fluorescent safety vest at all times. 5. Maintenance Equipment shall be maintained both visually and operationally. Paint and body of street sweeper shall be maintained in good condition with no visible rust or body damage. Vehicle engines shall be routinely maintained as to insure a high level of service during all sweeping operations and must comply with all State or California Department of Motor Vehicles CAL-OSHA and all other applicable codes required by the state, county and City.
Item: 10
109
-24- STREET SWEEPING MAINTENANCE SERVICES
6. GPS Tracking of Sweeping Vehicles Assigned to the City All street sweepers assigned to the City must be equipped with GPS tracking devices. The Contractor shall provide City login credentials for the GPS tracking software. Upon request, the contractor will be required to provide the City with GPS data reports that at a minimum indicates the day and time residential and arterial streets were swept on any given sweeping day. A daily GPS record of both arterial and residential sweeping routes may be requested to verify route completion and time schedules. Unverifiable GPS records may constitute a reduction for invoice payments. Section E 1. Scheduling Requirements Contractor shall follow the sweeping schedule of residential and arterial streets as provided by the City with special emphasis on the requirements at/near schools. Subject to City approvals, the Contractor shall arrange residential sweeping routes to sweep areas adjacent to elementary and middle schools during times of least traffic and parked vehicles. Contractor shall conform to sweeping schedules as noted on maps and logs pre-approved by the City. No changes in sweeping schedules will be allowed without the approval of the City. Contractor shall complete all sweeping per schedule; mechanical failures or personnel issues shall not be acceptable reasons for failure to comply. 2. Hours and Days All sweeping is to be done Monday through Friday except on City-observed holidays and holidays observed by the shall be required by Contractor for areas not swept due to holidays observed by the curb mile cost for arterial and residential areas without additional compensation. a. Street sweeping of residential streets shall occur on a twice per month basis Monday through Friday, 7:30 a.m. to 5:30 p.m. in accordance with the City street sweeping maps and logs. b. Residential street sweeping shall be performed generally one (1) day after trash collection day. If a City-recognized holiday falls within the Monday to Friday schedule, the regular schedule shall resume the day following the holiday with the fifth day of sweeping on the Saturday following the holiday. Streets posted with no parking signs for street sweeping shall be swept on the posted day unless it falls on a City-recognized holiday.
Item: 10
110
-25- STREET SWEEPING MAINTENANCE SERVICES
c. Street sweeping for arterial streets shall occur on a weekly basis Monday through Friday, 10:00 p.m. to 6:00 a.m. in accordance with the City street sweeping schedule maps and logs. If a City-recognized holiday falls within the Monday to Friday schedule, the regular schedule shall resume the day following the holiday with the fifth (5th) day of sweeping on the Saturday following the holiday. d. Contractor shall respond to after-hour emergencies within one (1) hour of contact by City personnel. Contractor will provide telephone number(s) of contact personnel for after-hour emergencies between 5:30 p.m. and 7:30 a.m. and maintain an emergency call-out list. All changes to the emergency call-out list shall be submitted to the City immediately. e. All extra non-scheduled residential and non-scheduled arterial street sweeping work shall be performed in accordance with Section B-6 Street-B-7 f. Streets with certain residential areas or adjacent to apartments, condominiums or other areas where all-night street parking is prevalent shall be swept after 9:00 a.m. 3. Holiday and Inclement Weather Scheduled sweeping shall not be cancelled for inclement weather by the street sweeping contractor without approval of the City. During inclement weather a two-hour standby period between 7:30 a.m. and 9:30 a.m. will be observed before a scheduled residential sweep will be cancelled. The City reserves the right to suspend street sweeping functions on a day-to-day basis. Make-up sweeps will not be allowed due to holidays, inclement weather and cancellations without the approval of the City. The City will communicate via telephone or email the specific street locations throughout the day of locations where debris needs to be removed. This effort shall not affect the regularly scheduled sweeping. During a holiday that interrupts the normal waste (trash) pick-up as established by the trash hauler for the City, Contractor shall coordinate with the waste hauler to adjust the routine/scheduled sweeping schedule to a holiday schedule of one day after the waste pick-up day for the entire week affected, except, should the sweeping day then fall on a Sunday, the sweeping will be added to the immediately following Monday sweeping schedule. In the case of cancelled or missed sweeping for any reason, including as directed by the City due to construction projects or special events, Contractor shall credit City the pro-rata cost of that service not provided on the next monthly billing by reducing the monthly billing.
Item: 10
111
-26- STREET SWEEPING MAINTENANCE SERVICES
Section F 1. Disposal of Debris and Temporary Transfer Sites Contractor shall dispose of all material collected by his sweeping operations by hauling to the closest Material recovery Facility (MRF)/Green Waste Diversion Facility. The cost for disposal, including dump fees, shall be included in the contract cost per curb mile. A report of all material collected shall be submitted monthly to the City. The report should include, but not be limited to, the following: hauler name, contact phone number, MRF name, material type (if more than one material type, list each material type on a separate line), tons collected per month, tons diverted, and tons disposed. A total breakdown (in tons) shall be provided to the City for each Fiscal Year (July 1 through June 30) for each of the following: Soil Leaves Trash/Debris Other Historical Tonnage: FY 18/19 801.04 tons FY 19/20 806.60 tons FY 20/21 794.93 tons FY 21/22 820 tons Section G 1. Inspections and Handling of Deficiencies Inspections will be performed by qualified City personnel on a regular basis as well as spot checks and in response to complaints. Contractor shall meet on an as-needed basis within the maintained areas, with an authorized representative of the City for a drive through inspection. Said meeting shall be at the convenience of the City and may include residents of the community. In addition, drive through interim inspections may be required by the City. Any corrective work required as a result of a monthly inspection or any interim inspection by the City shall be accomplished to the satisfaction of the City within three (3 2. Complaints The City shall receive and process citizen service requests and complaints. The City will notify Contractor of corrections and any re-sweeps required following complaints. Citizen complaints will be noted in any subsequent unsatisfactory reports, which may be filed against the Contractor.
Item: 10
112
-27- STREET SWEEPING MAINTENANCE SERVICES
In the event that the results of a sweep are not consistent with the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of California, City will notify contractor of exact location and description of deficiency. The Contractor shall re-sweep the area at its expense within the time limits specified in Section B-8. High visibility and/or unsafe conditions will need to be swept immediately. 3. Failure to Perform It is and will be impractical and difficult to ascertain and determine the actual damage the City will sustain by reason of delay in performance; therefore, the Contractor shall forfeit and pay to the City the sum of $1,000.00 for each calendar day completion is delayed are noted, and such sum shall be deducted from any payments due or to become due the Contractor. Contractor will be granted an extension of time and will not be assessed liquidated damages for delays caused by acts of God. In the event, the results of a sweep are not consistent with the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of California shall re-sweep the unsatisfactory area at its expense within the time limits specified in Section B-8. The City reserves the right to withhold payment for missed or incomplete sweeping performance. This clause may be used to enforce transfer site clean-up/maintenance, Contractor response time, and contracts for special and emergency sweep notification. Contractor shall forfeit and pay to the City the sum of $1,000.00 for each day Contractor fails to comply with the Agreement with respect to the foregoing. 4. Default Repeated instances of failure to perform and/or continued disregard of the requirements of this contract shall result in cancellation of the contract, and therefore, The issuance of three (3) unsatisfactory reports to Contractor by City in any six month period shall be deemed material breach of this agreement and shall be grounds for the City to terminate their agreement for cause. In the event of such material breach, City may, at its option, terminate this Agreement as specified herein. In the event City intends to terminate the Agreement, City shall t recent address on file with the City. Except in cases of emergencies, this agreement shall be terminated ten (10) days from and after the hour such notice is deposited in the United States Mail in a sealed envelope properly addressed to Contractor and bearing prepaid first-class postage. In order for any termination to be effective, Contractor shall have at least 5 days from the notice of intent to terminate to cure any alleged breach of Agreement.
Item: 10
113
-28- STREET SWEEPING MAINTENANCE SERVICES
In the event of the termination of this agreement for any material breach or failure of performance on the part of Contractor, Contractor agrees to pay City upon demand the amount of any damage or loss sustained by City in the matter of street sweeping, including the advertising for and the letting of another contract therefore; for all and the negotiation of such new street sweeping contract. The waiver of a breach of any of the terms of this agreement shall not cancel or in any way affect the right of the City to declare a default for any recurrence of the same or any other breach of this agreement. All changes proposed by Contractor regarding equipment, scheduling, type and capacity will require prior approval by the City. 5. Permits Prior to the start of any work, the Contractor shall apply for applicable, no-fee, City permits. The City will waive its usual encroachment permit fees. 6. Public Convenience and Safety a. Traffic and Access public travel, whether vehicular or pedestrian, and shall obey all traffic regulations and the California Vehicle Code. Whenever it is necessary to cross, obstruct, or close roads, driveways and walks, whether public or private, Contractor shall provide and maintain suitable and safe bridges, detours, or other temporary expedients for the accommodation of public and private travel, and shall give reasonable notice to owners of private drives before interfering with them. Such maintenance of traffic will not be required when Contractor has obtained permission from the owner and tenant of private, or from the authority having jurisdiction over private property involved, to obstruct traffic at the designated point. 7. Traffic Counters The Contractor is cautioned that, at various times and locations, the City or other parties may install temporary portable traffic counting equipment of the type which is activated by rubber hoses placed across the roadway. Contractor shall not damage this equipment and shall bear the full cost of any replacement costs, is so damaged. Section H 1. Changes Item: 10
114
-29- STREET SWEEPING MAINTENANCE SERVICES
The City may at any time, by written order, direct that changes or extras may be made in the scope, specifications or route schedule in relation to this contract. If any such changes cause an increase of decrease in the cost of or the time required for compensation or sweeping schedule and this Contract shall be modified in writing accordingly and approved by the City hereto. Contractor shall not be required to perform such changed work until the parties agree to a written modification of this Agreement. 2. Additions/Deletions in Mileage Additions and/or deletions to the mileage, inventory or maps may be made as the City accepts new areas and/or relinquishes areas currently swept. Upon written notification to add or delete, Contractor shall be required to accurately measure the curb mileage/linear footage and submit a written detail of the addition/deletion for approval. Upon approval, a written change order will be issued stating the effective date of the change. All changes shall be made at the current contract rate. 3. Waivers Failure or neglect of either party to insist on the strict performance of any or all of the terms of this agreement or any of these specifications shall not be considered as, or constitute a waiver of any term or condition of this agreement or of any performance required there under. Section I 1. Communications Contractor shall maintain an office staff reachable by phone from 8:00 a.m. to 5:00 p.m. Monday through Friday except on legal holidays. Office staff shall have the capability of contacting sweepers and pickup equipment by 2-way radio or equivalent. Contractor shall provide the City with contact personnel and telephone numbers, where designated staff can be reached during non-office hours within fifteen (15) minutes of call origination (5:00 p.m. to 8:00 a.m.) to be used in emergency/after-hour call-outs as specified in Section B-6, Special Street Sweeping, and B-7, Emergency Sweeping. The Contractor shall maintain a set of maps and specifications in sweeping vehicle at all times. 2. Nondiscrimination In the performance of the terms of this Agreement, Contractor shall not engage in, nor permit others it may employ to engage in, discrimination in the employment of persons because of race, color, national origin or ancestry, or religion of such persons. Violation Item: 10
115
-30- STREET SWEEPING MAINTENANCE SERVICES
of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. Section J 1. Compensation Payment will be made on the basis of actual road curb miles swept times the amount bid per curb line mile for each category of road swept. For all of the services which the Contractor is obligated to perform under the terms of this contract, the City shall pay to the Contractor once each month a sum equal to the by any subsequent adjustments thereto and provided hereinafter. The Contractor shall submit a detailed invoice. City, upon receipt and of an invoice, will make payment on all undisputed amounts within thirty (30) days of receipt of invoice. 2. Method of Payment for Extra Work The Contractor shall present to the City an itemized list of all extraordinary maintenance on a separate monthly invoice for extraordinary maintenance work performed during the previous month. The City shall compensate Contractor within thirty (30) days of receipt of an itemized monthly invoice. The City shall compensate Contractor for such maintenance beyond the scope of routine maintenance according to the hourly rate listed in the fee schedule and described in the scope of work. 3. Invoicing Contractor shall submit an invoice for service performed. Scheduled sweeping and special sweeps shall be submitted on separate invoices, mailed or delivered to: Public Works Department City of Lake Forest 100 Civic Center Drive Lake Forest, California 92630 4. Adjustment of Payment It is proposed that street sweeping services be provided for a period of three (3) years. Contract may be extended by written mutual agreement on a year-to-year basis not to exceed an additional two (2) years. 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 Item: 10
116
-31- STREET SWEEPING MAINTENANCE SERVICES
shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties. In the event the parties meet, confer, and extend the Agreement for a period greater than specified hereunder, or enter into an amended and restated agreement, any increase to rates may be increased or reduced as determined by agreement between the parties. The Contractor may petition the City for rate adjustments on the basis of unusual changes in the cost of doing business, such as revised laws or regulations, prevailing wage, or changes in disposal fees over which the Contractor has no control. In order to justify a rate increase, the Contractor shall submit financial and accounting data to the City which clearly substantiates the requested rate increase. After consideration of such financial and accounting data as submitted by the Contractor and any other relevant information, the City Council shall disapprove, approve, or approve with modification the requested rate increase. The decision of the City Council shall be final and conclusive. The Contractor ag Item: 10
117
-32- STREET SWEEPING MAINTENANCE SERVICES
EXHIBIT B CITY OF LAKE FOREST SCHEDULE OF SERVICES Contractor shall complete the services identified in Exhibit A above at the direction of the City.
Item: 10
118
-33- STREET SWEEPING MAINTENANCE SERVICES
EXHIBIT C CITY OF LAKE FOREST STREET SWEEPING MAINTENANCE SERVICES SCHEDULE Contractor shall be paid for services rendered in accordance with Section 3.3 of this , the not to exceed fee of two million two hundred twenty-six thousand fifteen dollars ($2,226,015), and based on the following rates. In the event that this agreement is renewed pursuant to section 3.1.2, the rates set forth may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties. SCHEDULE A Item No. Description Proposal Item Price Units Annual Total A1 Street Sweeping -Arterial Streets (52 weeks per year) $__46,50_______ (Each Curb Mile) 8,702 Per Year Curb Miles $___404,643.00___________ (Extended Amount) A2 Street Sweeping - Residential Streets (24 weeks + 2 weeks extra sweeps per year) $__46.50_______ (Each Curb Mile) 6,628 Per Year Curb Miles $___308,202.00___________ (Extended Amount) Item No. Description Proposal Item Price Units Annual Total Item: 10
119
-34- STREET SWEEPING MAINTENANCE SERVICES
A3 Special Street Sweeping Between 7:30am and 5:30pm $_150.00________ (Per Hour) 10 $____1,500.00__________ (Extended Amount) A4 Emergency Street Sweeping Between 7:30pm and 5:30am $_150.00________ (Per Hour) 10 $__1,500.00____________ (Extended Amount) A5 City-Owned Parking Lot Heroes Park $_250.00________ (Each) 12 $__3,000.00____________ (Extended Amount) A6 City-Owned Parking Lot Darrin Park $_122.50________ (Each) 12 $__1,470.00____________ (Extended Amount) A7 City-Owned Parking Lot Rancho Serrano Park $_122.50________ (Each) 12 $_1,470.00_____________ (Extended Amount) A8 City-Owned Parking Lot Etnies Skate Park $__122.50_______ (Each) 12 $_1,470.00_____________ (Extended Amount) A9 City-Owned Parking Lot Concourse Park $__122.50_______ (Each) 12 $__1,470.00____________ (Extended Amount) A10 City-Owned Parking Lot Foothill Ranch Community Park $__122.50_______ (Each) 12 $__1,470.00____________ (Extended Amount) Item: 10
120
-35- STREET SWEEPING MAINTENANCE SERVICES
Item No. Description Proposal Item Price Units Annual Total A11 City-Owned Parking Lot Borrego Park $__122.50_______ (Each) 12 $__1,470.00____________ (Extended Amount) A12 City-Owned Parking Lot Tamarisk Park $__122.50_______ (Each) 12 $__1,470.00____________ (Extended Amount) A13 City-Owned Parking Lot Baker Ranch Park 26380 Rancho Parkway $_122.50________ (Each) 12 $_1,470.00_____________ (Extended Amount) A14 City-Owned Parking Lot Lake Forest Sports Park 28000 Rancho Parkway $_350.00________ (Each) 12 $__4,200.00____________ (Extended Amount) A15 Lake Forest Civic Center (Includes Two Story Parking Garage) 100 Civic Center Drive $_350.00________ (Each) 12 $_4,200.00_____________ (Extended Amount) A16 City-Owned Parking Lot Portola Park 28040 Glenn Ranch Rd. $_250.00________ (Each) 12 $__3,000.00____________ (Extended Amount) 1 Year Total Cost $742,005.00 Item: 10
121
-36- STREET SWEEPING MAINTENANCE SERVICES
3 Year Total Cost $2,226,015.00
Item: 10
122
-37- STREET SWEEPING MAINTENANCE SERVICES
STREET SWEEPING SCHEDULE
Item: 10
123
-38- STREET SWEEPING MAINTENANCE SERVICES
TWICE A MONTH MANDATORY HOTSPOT SWEEPING (BOTH SIDES OF STREET SWEPT)
MAPStreet From To Date Time AREAOsterman Road (Westbound) Regency Lane Pittsford Drive Monday / 10am-2pm 7Pittsford (Southbound) Lake Forest Northcrest Monday / 10am-2pm 7Cavanaugh Road Corta Cresta Calle El Toro Grande Tuesday / 7am-11am 2Bunbury Drive La Vaca El Gato Tuesday / 8am-12pm 2Calle El Toro Grande El Caballo La Vaca St Tuesday / 8am-12pm 2Calle Tres Lomas (West Side) El Caballo La Vaca St Tuesday / 8am-12pm 2Campo Verde Cavanaugh Rd El Caballo St Tuesday / 8am-12pm 2Corta Cresta Tulip El Caballo St Tuesday / 8am-12pm 2El Caballo Street Corta Cresta Calle El Toro Grande Tuesday / 8am-12pm 2El Gato Way Jutewood Pl Bunbury Drive Tuesday / 8am-12pm 2El Perro Street Jutewood Place End Tuesday / 8am-12pm 2Jutewood Place El Toro Rd El Gato Tuesday / 8am-12pm 2La Vaca Street Corta Cresta Dr Calle El Toro Grande Tuesday / 8am-12pm 2La Vaca Street Jutewood Muirlands Tuesday / 8am-12pm 2Lobo Drive El Caballo La Vaca St Tuesday / 8am-12pm 2Los Andes Street Jutewood Place End Tuesday / 8am-12pm 2Saguaro Street Raton Dr Cul-de-sac Tuesday / 8am-12pm 2Tulip Street Muirlands Blvd Calle Tres Lomas Tuesday / 8am-12pm 2Oswego Muirlands Blvd Aspan Tuesday / 12pm-4pm 8Palmwood Dr (Westbound) Peachwood East Peachwood West Wednesday / 10am-2pm 11Frontage El Toro Rd End Wednesday / 12pm-4pm 4Orange Muirlands Blvd Whisler Wednesday / 12pm-4pm 4Whistler Frontage Orange Wednesday / 12pm-4pm 4Palmwood Dr (Eastbound) Peachwood West Peachwood East Thursday / 10am-2pm 11Fawn Ridge Jasper Hill Saddleback Ranch Friday / 7am-12pm 10Malabar Cortona Saddleback Ranch Friday / 8am-12pm 10Raton Drive La Vaca El Toro Friday / 8am-12pm 2Osterman Road (Eastbound) Pittsford Regency Friday / 10am-2pm 7Pittsford (Northbound) Northcrest Lake Forest Friday / 10am-2pm 7Cherry Trabuco Road Darrin Park Friday / 12pm-4pm 9
TWICE A MONTH RESIDENTIAL HOTSPOT SWEEPING SCHEDULE
Item: 10
124
-39- STREET SWEEPING MAINTENANCE SERVICES
WEEKLY MANDATORY HOTSPOT SWEEPING (BOTH SIDES OF STREET SWEPT) MAPStreet From To Date Time Alternate Weeks AREARidge Route (Westbound) Rockfield End 1/3 Tuesday / 7am-11am 1Gowdy (Southbound) Golden Eagle Duryea 1/3 Tuesday / 7am-11am 1Calle Tres Lomas (Southbound) Dune Mear Cavanaugh Rd 1/3 Tuesday / 7am-11am 2Farthing (Westbound) Jeronimo Stearns 1/3 Tuesday / 7am-11am 3Murin Isle End Muirlands 1/3 Tuesday / 7:30am-10:30am 8S Canada Ct End Murin Isle 1/3 Tuesday / 7:30am-10:30am 82nd Street (Southbound) End Los Alisos Blvd 1/3 Wednesday / 12pm-4pm 52nd Street (Southbound) El Toro Rd Cherry Avenue 1/3 Wednesday / 12pm-4pm 5Jeronimo (Southbound) Orange Cherry 1/3 Wednesday / 12pm-4pm 5Cherry (Westbound) Trabuco Front 1/3 Wednesday / 12pm-4pm 5Front (Southbound) Cul-de-sac Cherry 1/3 Wednesday / 12pm-4pm 4Olive (Westbound) Front Front 1/3 Wednesday / 12pm-4pm 4Orange (Westbound) Jeronimo Front 1/3 Wednesday / 12pm-4pm 4Rimhurst Dr (Westbound) Rimgate Trabuco Road 1/3 Thursday / 10am-2pm 6Montcliff (Southbound) Rimhurst El Toro 1/3 Thursday / 10am-2pm 6Highridge (Westbound) 19792 Highridge Malabar 1/3 Friday / 7am-12pm 10MAPStreet From To Date Time Alternate Weeks AREARidge Route (Eastbound) End Rockfield 2/4 Tuesday / 7am-11am 1Gowdy (Northbound) Duryea Golden Eagle 2/4 Tuesday / 7am-11am 1Calle Tres Lomas (Northbound) Cavanaugh Rd Dune Mear 2/4 Tuesday / 7am-11am 2Farthing (Eastbound) Stearns Jeronimo 2/4 Tuesday / 7am-11am 3Murin Isle Muirlands End 2/4 Tuesday / 7:30am-10:30am 8S Canada Ct Murin Isle End 2/4 Tuesday / 7:30am-10:30am 82nd Street (Northbound) Los Alisos Blvd End 2/4 Wednesday / 12pm-4pm 52nd Street (Northbound) Cherry Avenue El Toro Rd 2/4 Wednesday / 12pm-4pm 5Cherry (Eastbound) Front Trabuco 2/4 Wednesday / 12pm-4pm 5Front (Northbound) Cherry Cul-de-sac 2/4 Wednesday / 12pm-4pm 4Orange (Eastbound) Front Jeronimo 2/4 Wednesday / 12pm-4pm 4Rimhurst Dr (Eastbound) Trabuco Road Rimgate 2/4 Thursday / 10am-2pm 6Montcliff (Northbound) El Toro Rimhurst 2/4 Thursday / 10am-2pm 6Highridge (Eastbound) Malabar 19792 Highridge 2/4 Friday / 7am-12pm 10 WEEKLY HOTSPOT RESIDENTIAL SWEEPING SCHEDULE (NO SWEEPING ENFORCEMENT ON 5TH WEEK)ALTERNATE SIDE PARKING RESTRICTIONS- FIRST AND THIRD WEEKDAY ENFORCED
ALTERNATE SIDE PARKING RESTRICTIONS- SECOND AND FOURTH WEEKDAY ENFORCED Item: 10
125
-40- STREET SWEEPING MAINTENANCE SERVICES
WEEKLY MANDATORY HOTSPOT SWEEPING MAP
Item: 10
126
-41- STREET SWEEPING MAINTENANCE SERVICES
PARKING LOT SWEEPING MAP
Item: 10
127
-42- STREET SWEEPING MAINTENANCE SERVICES
EXHIBIT D CITY OF LAKE FOREST STREET SWEEPING SERVICES INSURANCE REQUIREMENTS 1.1 Insurance. 1.1.1 Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which the exact equivalent, with limits of not less than $2,000,000 per occurrence and not less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage bol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. the State per accident for bodily injury and disease. 1.1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies: (A) Commercial General Liability:
Item: 10
128
-43- STREET SWEEPING MAINTENANCE SERVICES
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers. 1.1.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. 1.1.5 Waiver of Subrogation. All required policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its officials, officers, employees, agents and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors. 1.1.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents and volunteers in the same manner and to the same extent as they would Item: 10
129
-44- STREET SWEEPING MAINTENANCE SERVICES
have been protected had the policy or policies not contained a deductible or self-insured retention. 1.1.7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. 1.1.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, if Contractor refuses to cure lapsed coverage by replacing coverage within 10 days of City notice, City may cancel this Agreement. 1.1.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. 1.1.10 Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposed no additional obligation on the City nor does it waive any rights hereunder. 1.1.11 Requirements Not Limiting. Requirement of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. 1.1.12 Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and this Agreement shall be endorsed to name the City, its officials, officers, employees, agents Item: 10
130
-45- STREET SWEEPING MAINTENANCE SERVICES
and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work untiall insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City.
Item: 10
131
Attachment 2
Item: 10
132
STREET SWEEPING SERVICES
(2023-040.1)
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
Docusign Envelope ID: F9D29B25-1D2A-4645-958E-6B14DF720E9B Item: 10
133
City of Lake Forest
First Amendment to Agreement for Street Sweeping Services I. PARTIES AND DATE. ................................ ................................ ..............
II. RECITALS. ................................ ................................ ..............................
III. TERMS................................. ................................ ................................ ..
IV. SIGNATURES. ................................ ................................ ........................
V. EXHIBIT "C" - COMPENSATION ................................ ..............................
Docusign Envelope ID: F9D29B25-1D2A-4645-958E-6B14DF720E9B Item: 10
134
Title: Street Sweeping 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 Arakelian Enterprises, Inc. dba Athens Services, a California Corporation (Inc.) , with its principal place of business at 14048 Valley Blvd., Industry, CA 91746 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.” Docusign Envelope ID: F9D29B25-1D2A-4645-958E-6B14DF720E9B Item: 10
135
Title: Street Sweeping Services
4 2. RECITALS.
2.1. Agreement
The Parties entered into that certain Agreement for Street Sweeping Services dated June 26, 2023 (“Agreement”).
2.2. First Amendment
The Parties now desire to amend the Agreement in order to extend the term of the Agreement, increase the total amount of compensation under the Agreement, and update the rates of compensation under the Agreement.
Docusign Envelope ID: F9D29B25-1D2A-4645-958E-6B14DF720E9B Item: 10
136
Title: Street Sweeping 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 base term of this Agreement shall be from July 1, 2023 to June 30, 2027 (“Base Term”), unless earlier terminated as provided herein. This Agreement may be renewed, upon request of Contractor, provided Contractor is not in material breach of the Agreeme nt, for an additional one (1) year, for a potential five (5)-year contract term, or as extended in accordance with Exhibit A, Section B.2. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth herein.
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 TWO MILLION NINE HUNDRED NINETY
THOUSAND THREE HUNDRED SIXTY DOLLARS AND THIRTY -TWO CENTS ($2,990,360.32) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3. Rates of Compensation
Exhibit “C” of the Agreement is hereby amended in to update rates of compensation in the form of EXHIBIT "C" - COMPENSATION to this First Amendment, attached hereto and incorporated herein.
3.4. Remaining Provisions of Agreement.
Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
Docusign Envelope ID: F9D29B25-1D2A-4645-958E-6B14DF720E9B Item: 10
137
Title: Street Sweeping Services
6 4. SIGNATURES.
4.1. SIGNATURES.
CITY OF LAKE FOREST Arakelian Enterprises, Inc. dba Athens Services
By: [AUTHORIZED CITY SIGNATURE]
Robert Pequeño
Mayor
By: [VENDOR SIGNATURE 1]
Ron Arakelian, Jr.
President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By: [CITY CLERK SIGNATURE]
Thy Merritt
City Clerk
By: [VENDOR SIGNATURE 2]
Michael Arakelian
Secretary (Corporation or LLC)
APPROVED AS TO FORM:
By: [CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
Docusign Envelope ID: F9D29B25-1D2A-4645-958E-6B14DF720E9B Item: 10
138
Title: Street Sweeping Services
7 5. EXHIBIT "C" - COMPENSATION
5.1. EXHIBIT "C" - COMPENSATION
Consultant shall be paid for services in accordance with Section 3.3 of the Agreement and as described above under Exhibit “A” Scope of Services and the not to exceed fee of TWO MILLION NINE HUNDRED NINETY THOUSAND THREE HUNDRED SIXTY DOLLARS AND THIRTY-TWO CENTS ($2,990,360.32).
Compensation shall be paid per the following schedule and terms.
Item Description
Unit Price –
Original
Agreement
Unit Price –
First
Amendment
(Effective
07/01/2026)
Units Annual Total
A1 Street Sweeping – Arterial
Streets (52 weeks per year)
$46.50
(Each Curb
Mile)
$47.90 (Each
Curb Mile)
8,702 Per
Year (Curb
Miles)
$416,825.80
A2
Street Sweeping – Residential
Streets (24 weeks + 2 extra
sweeps per year)
$46.50
(Each Curb
Mile)
$47.90 (Each
Curb Mile)
6,628 Per
Year (Curb
Miles)
$317,481.20
A3
Special Street Sweeping
(Between 7:30am and
5:30pm)
$150.00
(Per Hour)
$154.52 (Per
Hour) 10 $1,545.20
A4
Emergency Street Sweeping
(Between 7:30pm and
5:30am)
$150.00
(Per Hour)
$154.52 (Per
Hour) 10 $1,545.20
A5 City-Owned Parking Lot –
Heroes Park
$250.00
(Each)
$257.53
(Each) 12 $3,090.36
A6 City-Owned Parking Lot –
Darrin Park
$122.50
(Each)
$126.19
(Each) 12 $1,514.28
Docusign Envelope ID: F9D29B25-1D2A-4645-958E-6B14DF720E9B Item: 10
139
Title: Street Sweeping Services
8 A7 City-Owned Parking Lot –
Rancho Serrano Park
$122.50
(Each)
$126.19
(Each) 12 $1,514.28
A8 City-Owned Parking Lot –
Etnies Skate Park
$122.50
(Each)
$126.19
(Each) 12 $1,514.28
A9 City-Owned Parking Lot –
Concourse Park
$122.50
(Each)
$126.19
(Each) 12 $1,514.28
A10
City-Owned Parking Lot –
Foothill Ranch Community
Park
$122.50
(Each)
$126.19
(Each) 12 $1,514.28
A11 City-Owned Parking Lot –
Borrego Park
$122.50
(Each)
$126.19
(Each) 12 $1,514.28
A12 City-Owned Parking Lot –
Tamarisk Park
$122.50
(Each)
$126.19
(Each) 12 $1,514.28
A13
City-Owned Parking Lot –
Baker Ranch Park (26380
Rancho Parkway)
$122.50
(Each)
$126.19
(Each) 12 $1,514.28
A14
City-Owned Parking Lot – Lake
Forest Sports Park (28000
Rancho Parkway)
$350.00
(Each)
$360.54
(Each) 12 $4,326.48
Docusign Envelope ID: F9D29B25-1D2A-4645-958E-6B14DF720E9B Item: 10
140
Title: Street Sweeping Services
9 A15
Lake Forest Civic Center
(Includes Two Story Parking
Garage) (100 Civic Center
Drive)
$350.00
(Each)
$360.54
(Each) 12 $4,326.48
A16
City-Owned Parking Lot –
Portola Park (28040 Glenn
Ranch Rd.)
$250.00
(Each)
$257.53
(Each) 12 $3,090.36
Annual Total (Year 4): $764,345.32
Original Agreement - Total Compensation: $2,226,015.00
Original Agreement - Total Compensation (Years 1-4): $2,990,360.32
In the event that this agreement is renewed pursuant to section 3.1.2, the rates set forth may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside Orange Counties.
Docusign Envelope ID: F9D29B25-1D2A-4645-958E-6B14DF720E9B Item: 10
141
CITY COUNCIL AGENDA REPORT
MEETING DATE: 05/21/2026
DEPARTMENT: Public Works
SUBJECT:
SECOND AMENDMENT TO THE AGREEMENT FOR TREE MANAGEMENT
AND MAINTENANCE SERVICES WITH WEST COAST ARBORISTS, INC.
RECOMMENDED ACTION(S):
1. Approve the Second Amendment to Agreement for Maintenance Services for Tree Management Services with West Coast Arborists, Inc.
2. Authorize the Mayor to sign, and the City Clerk to attest, the Second Amendment substantially in the form attached.
EXECUTIVE SUMMARY:
West Coast Arborists, Inc. is the City’s current Tree Management and Maintenance Services Contractor, providing tree management and maintenance services for the City’s urban forest of approximately 14,000 trees. The original three-year Agreement was approved by the City Council after the completion of a competitive Request for Proposal (“RFP”) process on June 18, 2022, with a compensation amount of $1,576,047 and two optional one-year extensions (Attachment 1). The First Amendment to the Agreement (Attachment 2) was approved by the City Council on April 1, 2025 and added $547,737.32 to the contract increasing the total not-to-exceed compensation amount to $2,123,784.32 and extended the term of the Agreement through June 30, 2026.
The proposed Second Amendment (Attachment 3) would add $559,564.30 and utilize the remaining extension to add an additional year to the term of the Agreement at the City Council’s discretion. If approved, the new expiration date for the Agreement would be June 30, 2027. The proposed Second Amendment increases bid prices by 3.01% according to the Consumer Price Index (“CPI”) and increases total compensation for a not-to-exceed amount of $2,683,348.62.
Sufficient funding is included in the 2025–2027 Operating Budget to cover the increased cost of the service.
Item: 11
142
3 8
8 9
BACKGROUND:
On June 18, 2022, the City Council approved a three-year Agreement with West Coast Arborists, Inc. (“WCA”) for Tree Management and Maintenance Services in the amount of $1,576,047 following the completion of a competitive Request for Proposal (“RFP”) process. The Agreement included two optional one-year extensions and an initial term expiring June 30, 2025.
On April 1, 2025, the City Council approved the First Amendment to the Agreement, which added $547,737.32, increased unit prices by 3.4% as a result of increases in the CPI, and extended the term of the Agreement through June 30, 2026, increasing the total not-to-exceed compensation amount to $2,123,784.32. The current Agreement expires June 30, 2026.
DISCUSSION:
The Agreement scope of work includes comprehensive tree management and maintenance services throughout the City, including pruning, planting, removal as needed, staking for new trees, emergency response, on-call inspection by a certified arborist, preparation of arborist reports, and response planning for invasive pests. These services support the City’s ongoing efforts to maintain a safe and well-managed urban forest.
WCA has performed the work in accordance with the contract requirements and has demonstrated responsiveness to routine and emergency service requests.
Staff observations indicate that scheduled maintenance activities and on-call responses have been completed consistently, contributing to safe public spaces and reducing the likelihood of tree-related hazards.
The proposed Second Amendment would extend the contract term to June 30, 2027, utilizing the second discretionary one-year extension. The Second Amendment would also add $559,564.30 for an additional year of service, increasing the contract compensation to $2,683,348.62. This amount reflects a
3.01% CPI adjustment to the annual service costs. No changes to the contract scope of work are proposed.
Consistent with the City’s Purchasing and Contracting Guidelines and following a vendor assessment (Table 1), staff recommends the City Council approval of the Second Amendment to ensure that the City can continue to maintain the City’s urban forest.
Item: 11
143
3 8
8 9
Item: 11
144
3 8
8 9
Table 1: Vendor Assessment
West Coast Arborists – Performance Review
July 1, 2025, through May 19, 2026
Category Unsatisfied – Very Satisfied
Performance of Scope
of services
☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐N/A
Timeliness ☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐N/A Budget Performance ☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐N/A Customer Service ☐Unsatisfied ☐Satisfied ☒Very Satisfied ☐N/A Sufficient funding is included in the 2025–2027 Operating Budget to cover the costs of approving the Second Amendment. Staff recommends the City Council approve the proposed Second Amendment and authorize the Mayor to sign and the City Clerk to attest to the Second Amendment. The proposed Second Amendment was approved as to form by the City Attorney.
FISCAL IMPACT:
The proposed Second Amendment would add $559,564.30 for an additional year of service, increasing the total not-to-exceed contract compensation amount to $2,683,348.62. The Second Amendment reflects a 3.01% increase in unit prices in accordance with the Consumer Price Index (“CPI”). Sufficient funding to cover the costs of the Second Amendment is included in the 2025–2027 Operating Budget.
ATTACHMENTS:
1. Agreement for Maintenance Services
2. First Amendment to Agreement for Maintenance Services
3. Second Amendment to Agreement for Maintenance Services Initiated By: Jonathan Poole, Senior Management Analyst Submitted By: Douglas Erdman, Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 11
145
Attachment 1
Item: 11
146
Item: 11
147
Item: 11
148
Item: 11
149
Item: 11
150
Item: 11
151
Item: 11
152
Item: 11
153
Item: 11
154
Item: 11
155
Item: 11
156
Item: 11
157
Item: 11
158
Item: 11
159
Item: 11
160
Item: 11
161
Item: 11
162
Item: 11
163
Item: 11
164
Item: 11
165
Item: 11
166
Item: 11
167
Item: 11
168
Item: 11
169
Item: 11
170
Item: 11
171
Item: 11
172
Item: 11
173
Item: 11
174
Item: 11
175
Item: 11
176
Attachment 2
Item: 11
177
TREE MANAGEMENT AND MAINTENANCE SERVICES
(2022-035.1)
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
Item: 11
178
City of Lake Forest
First Amendment to Agreement for Maintenance Services
Tree Management and Maintenance Services
I. PARTIES AND DATE. ..............................................................................
II. RECITALS. ..............................................................................................
III. TERMS...................................................................................................
IV. SIGNATURES. ........................................................................................
V. EXHIBIT "C" - COMPENSATION ..............................................................
Item: 11
179
Title: Tree Management and Maintenance 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 West Coast Arborists, Inc., a California Corporation (Inc.) , with its principal place of business at 2200 E. Via Burton, Anaheim, CA 92606 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.”
Item: 11
180
Title: Tree Management and Maintenance Services
4 2. RECITALS.
2.1. Agreement
The Parties entered into that certain Agreement for Tree Management and Maintenance Services dated June 7, 2022 (“Agreement”).
2.2. First Amendment
The Parties now desire to amend the Agreement in order to extend the term of the Agreement and increase the total amount of compensation under the Agreement.
Item: 11
181
Title: Tree Management and Maintenance Services
5 3. TERMS.
3.1. Term.
Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:
The term of this Agreement shall be from July 1, 2022 to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than one (1) additional one-year terms. 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 TWO MILLION ONE HUNDRED TWENTY-THREE
THOUSAND SEVEN HUNDRED EIGHTY-FOUR AND THIRTY-TWO CENTS DOLLARS ($2,123,784.32) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3. Remaining Provisions of Agreement.
Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
Item: 11
182
Title: Tree Management and Maintenance Services
6 4. SIGNATURES.
4.1. SIGNATURES.
CITY OF LAKE FOREST West Coast Arborists, Inc.
By: [AUTHORIZED CITY SIGNATURE]
Scott Voigts
Mayor
By: [VENDOR SIGNATURE 1]
Patrick Mahoney
President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By: [CITY CLERK SIGNATURE]
Lisa Berglund
City Clerk
By: [VENDOR SIGNATURE 2]
Richard Mahoney
Secretary (Corporation or LLC)
APPROVED AS TO FORM:
By: [CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
Item: 11
183
Title: Tree Management and Maintenance Services
7 5. EXHIBIT "C" - COMPENSATION
5.1. EXHIBIT "C" - COMPENSATION
Consultant shall be paid for services in accordance with Section 3.3 of the Agreement and as described above under Exhibit “A” Scope of Services and the not to exceed fee of TWO MILLION ONE HUNDRED TWENTY- THREE THOUSAND SEVEN HUNDRED EIGHTY-FOUR AND THIRTY-TWO CENTS ($2,123,784.32). Contractor shall be paid on a time and materials basis based on the rates provided below.
Item
No. Description Quantity
Unit Price
– Original
Agreement
Annual
Total –
Original
Agreement
Unit Price -
First
Amendment
(Effective
7/1/2025)
Annual Total -
First
Amendment
(Effective
7/1/2025)
A1 Tree Pruning
(All Species Except Palms)
*0" to 6"
1,184 $30.00
(Each)
$35,520.00 $31.02
(Each)
$36,727.68
A2 Tree Pruning
(All Species Except Palms)
*7" to 12"
305 $65.00
(Each)
$19.825.00 $67.21
(Each)
$20,499.05
A3 Tree Pruning
(All Species Except Palms)
*13" to 18"
500 $109.00
(Each)
$54,500.00 $112.71
(Each)
$56,355.00
A4 Tree Pruning
(All Species Except Palms)
*19" to 24"
398 $145.00
(Each)
$57,710.00 $149.93
(Each)
$59,672.14
A5 Tree Pruning
(All Species Except Palms)
*25" to 30"
91 $230.00
(Each)
$20,930.00 $237.82
(Each)
$21,641.62
A6 Tree Pruning
(All Species Except Palms)
*31" and Over"
82 $320.00
(Each)
$26,240.00 $330.88
(Each)
$27,132.16
A6-1 Crown Reduction 0-24” 20
$300.00
(Each)
$6,000.00 $310.20
(Each)
$6,204.00
A6-2 Crown Reduction 24”+ 20
$500.00
(Each)
$10,000.00 $517.00
(Each)
$10,340.00
A7-1 Palms Trimmed and
Skinned
88 $200.00
(Each)
$17,600.00 $206.80
(Each)
$18,198.40
A7-2 Palms Trimmed 25
$105.00
(Each)
$2,625.00 $108.57
(Each)
$2,714.25
A8 Tree Staking (All Species)
Including Stakes/Ties
10 $50.00
(Each)
$500.00 $51.70
(Each)
$517.00
A9 Tree Guying (All Species)
Including Wire/Anchors
10 $200.00
(Each)
$2,000.00 $206.80
(Each)
$2,068.00
A10 Tree Root Pruning (All
Species) Per Linear Foot
10 $40.00
(Per LF)
$400.00 $41.36
(Per LF)
$413.60
Item: 11
184
Title: Tree Management and Maintenance Services
8 A11 Tree Root Barrier
Installation (Including 24”
Bio Barrier or Approved
Equivalent)
10 $40.00
(Per LF)
$400.00 $41.36
(Per LF
$413.60
A12 Tree Removal and Stump
Grinding (All Species
Except Palms) *0” to 12”
25 $425.00
(Each)
$10,625.00 $439.45
(Each)
$10,986.25
A13 Tree Removal and Stump
Grinding (All Species
Except Palms) *13" to 25"
20 $650.00
(Each)
$13,000 $672.10
(Each)
$13,442.00
A14 Tree Removal and Stump
Grinding (All Species
Except Palms) *26" to 36"
20 $875.00
(Each)
$17,500.00 $904.75
(Each)
$18,095.00
A15 Tree Removal and Stump
Grinding (All Species
Except Palms) *Above
37"
20 $875.00
(Each)
$17,500.00 $904.75
(Each)
$22,618.75
A16 Any Palm Removal and
Stump Grind
10 $650.00
(Each)
$6,500.00 $672.10
(Each)
$6,721.00
A17 Stump Grinding Only (All
Species) 0” to 24”
Diameter Inches
20 $100.00
(Each)
$2,00.00 $103.40
(Each)
$2,068.00
A18 Stump Grinding Only (All
Species) 24” to 39”
Diameter Inches
20 $200.00
(Each)
$4,000.00 $206.80
(Each)
$4,136.00
A19 Annual Sports Park Tree
Trimming 0-6”
183
$30.00
(Each)
$5,490.00 $31.02
(Each)
$5,676.66
A20 Annual Sports Park Tree
trimming 7-12”
1,040
$65.00
(Each)
$67,600.00 $67.21
(Each)
$69,898.40
A21 Annual Sports Park Tree
Trimming 13-18”
176 $109.00
(Each)
$19,184.00 $112.71
(Each)
$19,836.96
A22 Annual Sports Park Tree
Trimming 19-24”
0 $295.00
(Each)
$0 $305.03
(Each)
$0
A23 Annual Sports Park Palm
Trimming and Skinning
93 $200.00
(Each)
$18,600.00 $206.80
(Each)
$19,232.40
A24 Work Crew Rental (3
Staff, Aerial Unit, Box
Truck, Chipper, Chain
Saws & Misc.
Equipment)/Crew/Hour
After Hours, Weekends,
& City Holidays
100
$300
(Per Hour)
$30,000.00 $310.20
(Per Hour)
$31,020.00
Item: 11
185
Title: Tree Management and Maintenance Services
9 A25 Emergency Crew Rental
(3 Staff, Aerial Unit, Box
Truck, Chipper, Chain
Saws & Misc.
Equipment)/Crew/Hour
After Hours, Weekends,
& City Holidays
100 $300.00
(Per Hour)
$30,000.00 $310.20
(Per Hour)
$31,020.00
A26 15 Gal Tree Planting (All
Species) including
Purchase & Planting of
Tree, Tabs, Amendments
& Stakes + 15 Gallon
Specimen
50 $195.00
(Each)
$9,750.00 $201.63
(Each)
$10,081.50
A27 24” Box Tree Planting (All
Species) including
Purchase & Planting of
Tree, Tabs, Amendments
& Stakes = 24” Box
Specimen
12 $425.00
(Each)
$5,100.00 $439.45
(Each)
$5,273.40
A28 36” Box Tree Planting (All
Species) Including
Purchase & Planting of
Tree, Tabs, Amendments
& Stakes 36” Box
Specimen
5 $1,100
(Each)
$5,500.00 $1,137.40
(Each)
$5,687.00
A29 Arborist Reports (Time,
Hours, and Document)
10 $350.00
(Each)
$3,500.00 $361.90
(Each)
$3,619.00
A30 Arborist Inspections
(Time only in hours)
10 $175.00
(Hourly)
$1,750.00 $180.95
(Hourly)
$1,809.50
A31 Invasive Pest
Management
20 $175.00
(Hourly)
$3,500.00 $180.95
(Hourly)
$3,619.00
Annual Total $547,737.32
Original Agreement –
Total Compensation
$1,576,047.00
First Amendment –
Total Compensation
$2,123,784.32
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.
Item: 11
186
Attachment 3
Item: 11
187
TREE MANAGEMENT AND MAINTENANCE SERVICES
(2022-035.2)
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
Item: 11
188
City of Lake Forest
Second Amendment to Agreement for Maintenance Services
Tree Management and Maintenance Services
I. PARTIES AND DATE. ..............................................................................
II. RECITALS. ..............................................................................................
III. TERMS...................................................................................................
IV. SIGNATURES. ........................................................................................
V. EXHIBIT "C" - COMPENSATION ..............................................................
Item: 11
189
Title: Tree Management and Maintenance 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 West Coast Arborists, Inc., a CA Corporation (Inc.) , with its principal place of business at 2200 E. Via Burton, Anaheim, CA 92606 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.”
Item: 11
190
Title: Tree Management and Maintenance Services
4 2. RECITALS.
2.1. Agreement
The Parties entered into that certain Agreement for Tree Management and Maintenance Services dated June 7, 2022 (“Agreement”).
2.2. First Amendment
The Parties entered into that certain First Amendment to extend the term and increase the total amount of compensation under the Agreement dated April 3, 2025 ("First Amendment").
2.3. Second Amendment
The Parties now desire to amend the Agreement in order to extend the term of the Agreement and increase the total amount of compensation under the Agreement.
Item: 11
191
Title: Tree Management and Maintenance Services
5 3. TERMS.
3.1. Term.
Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:
The term of this Agreement shall be from July 1, 2022 to June 30, 2027, 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 TWO MILLION SIX HUNDRED EIGHTY-THREE
THOUSAND THREE HUNDRED FORTY-EIGHT AND SIXTY-TWO CENTS
($2,683,348.62) without written approval of the City Council or City Manager as applicable. Extra Wo rk may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3. Remaining Provisions of Agreement.
Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
Item: 11
192
Title: Tree Management and Maintenance Services
6 4. SIGNATURES.
4.1. SIGNATURES.
CITY OF LAKE FOREST West Coast Arborists, Inc.
By: [AUTHORIZED CITY SIGNATURE]
Robert Pequeño
Mayor
By: [VENDOR SIGNATURE 1]
Patrick Mahoney
President
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
ATTEST:
By: [CITY CLERK SIGNATURE]
Thy Merritt
City Clerk
By: [VENDOR SIGNATURE 2]
Richard Mahoney
Secretary (Corporation or LLC)
APPROVED AS TO FORM:
By: [CITY ATTORNEY SIGNATURE]
Best Best & Krieger LLP
City Attorney
[CONTRACT ADMINISTRATOR APPROVAL]
[PROJECT MANAGER APPROVAL]
[CITY CLERK - INSURANCE APPROVAL]
Item: 11
193
Title: Tree Management and Maintenance Services
7 5. EXHIBIT "C" - COMPENSATION
5.1. EXHIBIT "C" - COMPENSATION
Consultant shall be paid for services in accordance with Section 3.3 of the Agreement and as described above under Exhibit “A” Scope of Services and the not to exceed fee of TWO MILLION SIX HUNDRED EIGHTY-THREE THOUSAND THREE HUNDRED FORTY-EIGHT AND SIXTY-TWO CENTS ($2,683,348.62).
Compensation shall be paid per the following schedule and terms.
Item
No. Description Quantity
Unit Price -
Original
Agreement
Unit Price -
First
Amendment
Unit Price -
Second
Amendment
(Effective
07/01/2026)
Annual Total -
Second
Amendment
A1
Tree Pruning (All Species
Except Palms) *0" to 6" 1184 $30.00 $31.02 $31.95 $37,833.18 A2
Tree Pruning (All Species
Except Palms) *7" to 12" 305 $65.00 $67.21 $69.23 $21,116.07 A3
Tree Pruning (All Species
Except Palms) *13" to 18" 500 $109.00 $112.71 $116.10 $58,051.29 A4
Tree Pruning (All Species
Except Palms) *19" to 24" 398 $145.00 $149.93 $154.44 $61,468.27 A5
Tree Pruning (All Species
Except Palms) *25" to 30" 91 $230.00 $237.82 $244.98 $22,293.03 A6
Tree Pruning (All Species
Except Palms) *31" and Over" 82 $320.00 $330.88 $340.84 $27,948.84 A6-1 Crown Reduction 0-24” 20 $300.00 $310.20 $319.54 $6,390.74 A6-2 Crown Reduction 24”+ 20 $500.00 $517.00 $532.56 $10,651.23 A7-1 Palms Trimmed and Skinned 88 $200.00 $206.80 $213.02 $18,746.17 A7-2 Palms Trimmed 25 $105.00 $108.57 $111.84 $2,795.95 A8
Tree Staking (All Species)
Including Stakes/Ties 10 $50.00 $51.70 $53.26 $532.56
A9
Tree Guying (All Species)
Including Wire/Anchors 10 $200.00 $206.80 $213.02 $2,130.25 A10
Tree Root Pruning (All Species)
Per Linear Foot 10 $40.00 $41.36 $42.60 $426.05
Item: 11
194
Title: Tree Management and Maintenance Services
8 A11
Tree Root Barrier Installation
(Including 24” Bio Barrier or
Approved Equivalent) 10 $40.00 $41.36 $42.60 $426.05
A12
Tree Removal and Stump
Grinding (All Species Except
Palms) *0” to 12”
25 $425.00 $439.45 $452.68 $11,316.94
A13
Tree Removal and Stump
Grinding (All Species Except
Palms) *13" to 25" 20 $650.00 $672.10 $692.33 $13,846.60 A14
Tree Removal and Stump
Grinding (All Species Except
Palms) *26" to 36" 20 $875.00 $904.75 $931.98 $18,639.66 A15
Tree Removal and Stump
Grinding (All Species Except
Palms) *Above 37" 20 $875.00 $904.75 $931.98 $18,639.66 A16
Any Palm Removal and Stump
Grind 10 $650.00 $672.10 $692.33 $6,923.30
A17
Stump Grinding Only (All
Species) 0” to 24” Diameter
Inches 20 $100.00 $103.40 $106.51 $2,130.25
A18
Stump Grinding Only (All
Species) 24” to 39” Diameter
Inches 20 $200.00 $206.80 $213.02 $4,260.49
A19
Annual Sports Park Tree
Trimming 0-6” 183 $30.00 $31.02 $31.95 $5,847.53
A20
Annual Sports Park Tree
trimming 7-12” 1040 $65.00 $67.21 $69.23 $72,002.34
A21
Annual Sports Park Tree
Trimming 13-18” 176 $109.00 $112.71 $116.10 $20,434.05 A22
Annual Sports Park Tree
Trimming 19-24” 0 $295.00 $305.03 $314.21 $0.00
A23
Annual Sports Park Palm
Trimming and Skinning 93 $200.00 $206.80 $213.02 $19,811.30
Item: 11
195
Title: Tree Management and Maintenance Services
9 A24
Work Crew Rental (3 Staff,
Aerial Unit, Box Truck, Chipper,
Chain Saws & Misc.
Equipment)/Crew/Hour After
Hours, Weekends, & City
Holidays (Per Hour) 100 $300.00 $310.20 $319.54 $31,953.70 A25
Emergency Crew Rental (3
Staff, Aerial Unit, Box Truck,
Chipper, Chain Saws & Misc.
Equipment)/Crew/Hour After
Hours, Weekends, & City
Holidays (Per Hour)
100 $300.00 $310.20 $319.54 $31,953.70
A26
15 Gal Tree Planting (All
Species) including Purchase &
Planting of Tree, Tabs,
Amendments & Stakes + 15
Gallon Specimen 50 $195.00 $201.63 $207.70 $10,384.95
A27
24” Box Tree Planting (All
Species) including Purchase &
Planting of Tree, Tabs,
Amendments & Stakes = 24”
Box Specimen
12 $425.00 $439.45 $452.68 $5,432.13
A28
36” Box Tree Planting (All
Species) Including Purchase &
Planting of Tree, Tabs,
Amendments & Stakes 36” Box
Specimen 5 $1,100.00 $1,137.40 $1,171.64 $5,858.18
A29
Arborist Reports (Time, Hours,
and Document) 10 $350.00 $361.90 $372.79 $3,727.93
A30
Arborist Inspections (Time only
in hours) 10 $175.00 $180.95 $186.40 $1,863.97
A31 Invasive Pest Management 20 $175.00 $180.95 $186.40 $3,727.93 Annual Total (Year 5): $559,564.30
Original Agreement - Total Compensation: $1,576,047.00
First Amendment - Total Compensation: $2,123,784.32
Second Amendment - Total Compensation: $2,683,348.62
Item: 11
196
Title: Tree Management and Maintenance Services
10 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.
Item: 11
197
CITY COUNCIL AGENDA REPORT
MEETING DATE: 05/21/2026
DEPARTMENT: Public Works
SUBJECT:
AMENDED AND RESTATED NPDES STORMWATER PERMIT
IMPLEMENTATION AGREEMENT
RECOMMENDED ACTION(S):
1. Approve the Amended and Restated National Pollutant Discharge Elimination System (“NPDES”) Stormwater Permit Implementation Agreement ("Agreement") between the County of Orange (“County”), Orange County Flood Control District (“OCFCD”), and participating Orange County cities (collectively called “Permittees”).
2. Authorize the Mayor to sign and the City Clerk to attest to the Agreement and any related documents necessary to implement the terms of the Agreement.
EXECUTIVE SUMMARY:
The City is a Permittee under the Municipal Separate Storm Sewer System (MS4) permits issued by the California Regional Water Quality Control Boards, Santa Ana and San Diego Regions. The MS4 Permit requirements seek to eliminate or reduce pollutants conveyed by stormwater to receiving water bodies such as creeks, lakes, and the ocean and improve and preserve the water quality within those waterbodies.
The original NPDES Stormwater Permit Implementation Agreement, which was executed in 1990 and amended in 1993 and 2002, established a cooperative framework for implementing the Orange County Stormwater Program to meet MS4 Permit requirements and improve water quality for waterbodies (Attachment 1). Parties to the existing agreement include the County of Orange, Orange County Flood Control District (“OCFCD”), and all 34 cities within Orange County.
The existing agreement has allowed for collaboration, consistency, and cost sharing of regional compliance strategies, municipal staff training, watershed monitoring and reporting efforts, and other MS4 program elements required of each of the Permittees.
The proposed agreement restates and updates the original agreement to reflect current regulatory requirements, administrative practices, and programmatic Item: 12
198
needs (Attachment 2). For FY 2025-26, the City's share is approximately $234,100 out of a total countywide budget of $9.6 million. There are sufficient funds in Fiscal Year 2026-27 of the 2025-2027 Operating Budget to cover the costs of the recommended actions.
BACKGROUND:
The City has been a party to the existing NPDES Stormwater Implementation Agreement since 1993 and has realized significant benefits in shared resources and associated cost sharing. The existing agreement has facilitated collaborative synergy and cost-efficient funding to achieve demonstrable and significant water quality improvements to inland waters and local beaches.
Over the years, the regulatory paradigm has changed, and the regulatory requirements of the MS4 Permits are much different and more complex now than when the Agreement was last updated. Regulatory compliance strategies and planning have shifted to watershed scale and have become increasingly complex requiring targeted solutions, including structural treatment projects, to meet current and forthcoming compliance requirements.
The proposed Agreement restates and updates the original agreement to reflect current regulatory requirements, administrative practices, and programmatic needs. It will continue the collaborative approach among the Permittees to implement regional stormwater management strategies, and, if approved, will also provide added flexibility in developing and designing watershed-specific strategies, programs, and projects using corresponding shared cost sub-budgets.
As part of the shared cost budget approval process, the amended and restated Agreement will also formalize the consultation process with the Orange County City Managers Association (“OCCMA”) each year. These updates will improve the existing annual budget collaboration process already implemented with OCCMA.
The existing agreement implements a shared cost budget that is developed annually and uses a cost sharing formula which is based on land area and population for the unincorporated County area and 34 Orange County cities, while OCFCD contributes 10% of the overall cost. The proposed Agreement will continue this existing cost sharing formula and would also add the ability to develop sub-budgets for specific (typically watershed and/or project-specific) funding needs anticipated for future regulatory compliance activities. For example, the proposed Agreement could facilitate cost sharing to conduct water sample monitoring and analysis of the sampling results. The sub-budgets contemplated within the proposed Agreement would be used for participating Item: 12
199
Permittees specified in the sub-budget description and utilize the same cost sharing formula approach discussed above. Some other examples of the specific sub-budget types could include geographic areas such as a defined MS4 Permit area, watershed scale, or sub-watershed scale.
DISCUSSION:
Since the 2002 amendment, regulatory requirements of the MS4 Permits have changed. Watershed-specific compliance priorities have become increasingly complex.
The proposed agreement is an update to the existing program and continues the same collaborative approach. The updated agreement also formalizes the Orange County City Managers Association’s (“OCCMA”) role in reviewing the annual budget, improving and building on the coordination process already in place.
Key provisions of the amended and restated Agreement include:
Continues the designation of the County as lead agency for the countywide stormwater program.
Clarifies each participating agency’s responsibilities, including reporting, monitoring, and implementing required practices.
Improves engagement with the OCCMA for strategic input on compliance and funding.
Improves how annual budgets are reviewed and allows smaller groups of agencies to fund targeted water quality projects with new sub-budgets. Continues the existing cost sharing formula between Permittees based on land area and population, with OCFCD contributing 10% and the County and cities sharing the remaining 90% for the annual operating budget countywide.
Adds the potential to create sub-budgets using the same cost sharing approach amongst those participating agencies.
This agreement helps the City meet federal and state stormwater requirements in a cost and resource efficient manner through collaborative efforts rather than striving to achieve compliance as a standalone entity. By working with other agencies, the City can share costs and take a more efficient, coordinated approach instead of handling these efforts on its own. The agreement also provides ongoing funding for key work like monitoring water quality conditions, planning projects, and implementing improvements. In addition, it meets federal and state requirements to have a formal funding plan in place to support these efforts.
Item: 12
200
Staff recommend the City Council approve the Amended and Restated National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement (Attachment 2). A redline version of changes between the Original Agreement and the proposed Amended and Restated Agreements is provided in Attachment 3. The City Attorney reviewed and approved the Agreement as to legal sufficiency.
FISCAL IMPACT:
If approved, the City’s annual cost will continue to be based on its share of land area and population, consistent with how costs are calculated under the current agreement. For FY 2025-26, the City's share is approximately $234,100 out of a total countywide budget of $9.6 million. There are sufficient funds in Fiscal Year 2026-27 of the 2025-2027 Operating Budget to cover the costs of the recommended actions.
ATTACHMENTS:
1. Existing NPDES Stormwater Permit Implementation Agreement
2. Amended and Restated National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement
3. Redline of Amendment and Restated National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement Initiated By: Devin Slaven, Environmental Manager
Submitted By: Douglas Erdman, Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 12
201
Attachment 1
Item: 12
202
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
203
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
204
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
205
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
206
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
207
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
208
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
209
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
210
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
211
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
212
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
213
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
214
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
215
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
216
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
217
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
218
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
219
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
220
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
221
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
222
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
223
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
224
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
225
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
226
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
227
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
228
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
229
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
230
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
231
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
232
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
233
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
234
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
235
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
236
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
237
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
238
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
239
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
240
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
241
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
242
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
243
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
244
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
245
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
246
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
247
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
248
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
249
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
250
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
251
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
252
10/23/2025http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx Item: 12
253
Attachment 2
Item: 12
254
1 AMENDED AND RESTATED NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
STORMWATER PERMIT IMPLEMENTATION AGREEMENT
This AMENDED AND RESTATED NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER PERMIT IMPLEMENTATION AGREEMENT (“AGREEMENT”), for purposes of identification numbered [D02-048], and which may be alternatively referred to as the “OC Stormwater Program Implementation Agreement,” is entered into this ____ day of _________, 2026, by the County of Orange, (herein called the COUNTY), the Orange County Flood Control District (herein called DISTRICT) and the cities of Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, La Habra, La Palma, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda (herein called CITIES).
The COUNTY, DISTRICT, and CITIES may be referred to collectively as PERMITTEES or individually as PERMITTEE, COUNTY, DISTRICT, or CITY, respectively, in this AGREEMENT.
RECITALS
WHEREAS, the United States Congress in 1987, through the Water Quality Act, amended Section 402 of the Clean Water Act (33 U.S.C.A. 1342(p)) to require the United States Environmental Protection Agency (“EPA”) to promulgate regulations for permitting stormwater discharges; and
WHEREAS, EPA regulations require National Pollutant Discharge Elimination System (“NPDES”) permits for discharges from a municipal separate storm sewer system (“MS4”)(herein after called MS4 permits), and further require MS4 permits to include requirements to control pollutants from stormwater discharges; and WHEREAS, in 1927, the Orange County Flood Control Act created the DISTRICT Item: 12
255
2 to provide for the control of flood and stormwater and protect from damage from those flood or stormwater, the harbors, waterways, public highways, and property within the DISTRICT’s jurisdiction; and
WHEREAS, the powers granted to the DISTRICT include the authority to regulate discharges that threaten to impact its system and carry on technical and other investigations, examinations, or tests of all kinds, making measurements, collecting data, and making analyses, studies, and inspections pertaining to water supply, control of floods, use of water, water quality, nuisance, pollution, waste, and contamination of water, both within and without the DISTRICT; and
WHEREAS, the California State Water Resources Control Board (“SWRCB”), as designee of the EPA, has delegated authority to the California Regional Water Quality Control Boards-Santa Ana Region (“RWQCB-SAR”) and San Diego Region (“RWQCB-SDR”)(collectively, the RWQCBs) for administration of MS4 permits within the boundaries of their regions; and
WHEREAS, the COUNTY, DISTRICT, and CITIES are PERMITTEES under MS4 permits issued by the RWQCBs; and
WHEREAS, the RWQCBs have designated the COUNTY as the Principal PERMITTEE or Principal Watershed Co-permittee, as defined in the MS4 permits; and WHEREAS, the COUNTY, the DISTRICT and the CITIES previously entered into that certain agreement entitled National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement D90-094, on December 18, 1990, which was subsequently amended on October 26, 1993 by Amendment No. 1 and then on June 25, 2002 (the December 18, 1990 Agreement as Amended by Amendment No. 1 and the June 25, 2002 amendment will be referred to collectively hereinafter as the ORIGINAL AGREEMENT), to cooperatively develop, and did thereunder develop, an integrated stormwater runoff management program with the objective of fulfilling MS4 permit requirements and improving water quality in Orange County (program Item: 12
256
3 referred to herein as the “OC Stormwater Program”); and WHEREAS, Section X of the ORIGINAL AGREEMENT provides that the ORIGINAL AGREEMENT may be amended by consent of a majority of the PERMITTEES which represent a majority of the percentage contributions as described in Section IV of the ORIGINAL AGREEMENT; and
WHEREAS, continued cooperation between the CITIES, the COUNTY, and the DISTRICT to jointly implement the OC Stormwater Program to fulfill prior, new, and potential future MS4 permit requirements, to the extent feasible, is in the best interests of the CITIES, the COUNTY, and the DISTRICT; and WHEREAS, the PERMITTEES now desire to restate and amend the ORIGINAL AGREEMENT, as reflected and set forth in this AGREEMENT.
NOW, THEREFORE, the PERMITTEES do mutually agree as follows:
I. FILING STATUS
The COUNTY, the DISTRICT, and each CITY have filed applications for MS4 permits as PERMITTEES. The COUNTY, the DISTRICT and each CITY is a PERMITTEE under each MS4 permit to which they are subject.
II. INCORPORATION OF FEDERAL GUIDELINES
All applicable federal and state water quality regulations and guidelines under the Federal Clean Water Act, as presently written or as changed during the term of this AGREEMENT, are hereby incorporated by reference and made a part of this AGREEMENT and take precedence over any inconsistent terms of this AGREEMENT.
III. DELEGATION OF RESPONSIBILITIES
The responsibilities of each of the parties shall be as follows:
A. The COUNTY shall be the administrator of the OC Stormwater Program and, on a cost-shared basis, perform the following functions:
1. Annual operating budgets.
a. Prepare the annual operating budget (“annual operating budget”), which shall include a work plan and associated financial plan and Item: 12
257
4 budget. The annual operating budget is intended to provide for all programmatic functions and associated costs of the OC Stormwater Program, as outlined in this AGREEMENT and as generally described in Section V.A. Annual operating budgets and work plans may be based on RWQCB region (i.e., Santa Ana Region versus San Diego Region). The budget year shall coincide with the COUNTY's fiscal year, July 1 – June 30.
b. Consult with the Stormwater Program Representatives (as defined in Section III.C.8) when preparing annual operating budgets and major program elements therein.
c. A draft of the annual operating budget may be prepared for the PERMITTIES for review by February 15 each year. Annual operating budgets shall be submitted to the PERMITTEES for consideration and approval by May 15 of each year. Individual CITY approval shall be obtained from each CITY’s city manager or designee thereof by July 30 of each year. CITY manager designations for annual operating budget approval shall be provided in writing to the County and shall remain in effect until revoked in writing by the CITY’s city manager. An annual operating budget shall be deemed approved and adopted for the OC Stormwater Program by affirmative responses from PERMITTEES which represent a majority (50% or greater) of both the area and population percentage contribution as calculated in accordance with Section V.A (method for calculating approval percentage referred to as “Majority Approval”). The COUNTY and the DISTRICT shall represent one voting PERMITTEE with their percentage contribution equal to the total of the COUNTY and the DISTRICT as described in Section V.A. d. An approved and adopted annual operating budget shall not be Item: 12
258
5 exceeded without prior Majority Approval of the PERMITTEES.
2. Project or watershed-specific sub-budgets.
a. In coordination with the PERMITTEES, prepare project-specific and/or watershed-specific budgets and associated work plans (collectively, “sub-budget(s)”) for the design of water quality projects and/or responding to RWQCB enforcement orders and/or other orders (e.g., California Water Code 13267 or 13383 orders). b. Sub-budgets shall be prepared and proposed on an as-needed basis, at the discretion of the COUNTY, or as requested by interested PERMITTEES, subject to concurrence of the COUNTY.
c. Each PERMITTEE willing to participate in a sub-budget will confirm participation to the COUNTY in writing. A PERMITTEE who confirms participation in a sub-budget shall be referred to herein as “PARTICIPATING PERMITTEE(s).” Sub-budgets will be subject to unanimous approval by all PARTICIPATING PERMITTEES, except that where a Participating Permittee fails to vote to approve a proposed sub-budget, such failure shall be deemed a withdrawal from the sub-budget and the withdrawing PERMITTEE shall no longer be considered a PARTICIPATING PERMITTEE and shall have no obligation to pay for or participate in the sub-budget. d. Project elements that go beyond design (e.g., construction, operation, and maintenance) shall not be provided for in sub- budgets and, instead, are subject to separate agreement between the Participating Permittees.
3. Represent the OC Stormwater Program in reviews of documents, comments, and discussions with EPA, SWRCB, and RWQCBs and/or other resource agencies regarding MS4 permit requirements and related policies, programs, and regulations. The COUNTY shall timely notify the Item: 12
259
6 PERMITTEES of any decision reached during these discussions that, in the determination of the County, substantially impacts the OC Stormwater Program.
4. Implement approved annual operating budgets and sub-budgets.
5. Working in collaboration with PERMITTEES, prepare and submit regional compliance reports as the Principal PERMITTEE, as required under the MS4 permits, and/or as designated in the approved workplans.
6. Implement the regional monitoring and reporting program elements from approved workplans for the MS4 permits, including, but not limited to, tasks to monitor and measure the effectiveness of Best Management Practices (“BMPs”). This may include monitoring and modeling.
7. Obtain, as may be required by the annual operating budget and/or sub- budgets approved pursuant to this AGREEMENT, professional services, including, but not limited to, scientific, engineering, environmental, economic, and/or legal consultants to provide technical assistance for the work associated with the OC Stormwater Program. This work may include, but is not limited to, the preparation of technical or economic studies, legal analysis, watershed management plans, stormwater runoff management plans, water quality improvement plans, modeling, reasonable assurance demonstrations/reasonable assurance analyses, monitoring plans, technical reports, municipal staff training activities, and the design of structural and non-structural BMPs and strategies to prevent and/or reduce pollutants in stormwater runoff. Contracts for professional services to be funded under this AGREEMENT shall be made in conformance with the COUNTY’s procurement policies, and, to the extent there is no conflict, the following:
a. The COUNTY shall make efforts to stagger the date of issuance of new contracts for professional services, so that PERMITTEES may Item: 12
260
7 better absorb increases in consultant fee rates.
b. For contracts for professional services that would require approval by the Orange County Board of Supervisors (as determined within the sole discretion of the COUNTY), one Stormwater Program
Representative for every two designees of the COUNTY shall be allowed to participate in any panel formed for the purpose of evaluating responses to Requests for Proposals or similar competitive solicitations submitted by potential consultants. Where any contract subject to this provision is to be extended beyond the initial term, the COUNTY shall request feedback from the Stormwater Program Representatives, regarding the consultant’s performance, prior to executing the extension. This process shall in no way impinge upon or limit the COUNTY’s discretion to enter into, amend, extend, renew, or cancel any contract for professional services for the OC Stormwater Program.
c. The COUNTY shall notify the PERMITTEES of any changes in the COUNTY’s procurement policies that significantly affect the thresholds for competitive procurement, scoring, or selection processes for contract services.
8. Implement a facility inspection program, as required by the MS4 permits, for MS4 facilities within the unincorporated areas of the County, at no cost to the CITIES.
9. Implement a facility inspection program, as required by the MS4 permits, for MS4 facilities on County-owned property used for COUNTY governmental purposes (i.e., property used for governmental functions) and located within a CITY, at no cost to the CITIES. For purposes of this section, the regional facility known as Dana Point Harbor shall be considered a County- owned property used for governmental purposes.
Item: 12
261
8 a. To avoid confusion in the implementation of each party’s facility inspection programs, the COUNTY shall provide a list of those facilities, buildings and properties that it owns and are located within other jurisdictions (i.e. non- unincorporated properties) that the COUNTY has decided to monitor and regulate pursuant to this Section III.A .9. The County further agrees to notify the affected PERMITTEE of changes to the status of a facility.
B. The DISTRICT shall, on a cost-shared basis, except as set forth in subparagraph 2 below:
1. Perform or cause to be performed the water quality and hydrographic monitoring for compliance with MS4 permits and/or in accordance with RWQCB-approved monitoring plans and/or in the approved workplans.
2. Implement a facility inspection program, as required by the MS4 permits, for MS4 facilities located on District-owned and controlled property that is used for governmental purposes, at no cost to the CITIES.
3. Undertake or cause to be undertaken all activities required of the CITIES in Section III.C and applicable to the District.
C. The CITIES, at no cost to the Counties and the District, shall:
1. Implement a facility inspection program for its MS4 facilities, as required by the MS4 permit(s) and within the jurisdictional boundaries of that CITY.
2. Submit to the COUNTY storm drain system maps and/or data describing the type and location of its MS4 facilities with periodic revisions that reflect any modifications made as a result of land
development/redevelopment. If possible, information shall be submitted as geographical information system (“GIS”) data.
3. Support the COUNTY in the preparation of watershed characterizations and catchment prioritization efforts, including, but not limited to, by:
Item: 12
262
9 a. Identifying applicable zoning and land use designations. b. Identifying areas where sources of specific pollutants are known.
4. Upon COUNTY request, review, comment on, consider approval of, and, if approved, implement regional strategies to prevent and reduce pollutants in stormwater runoff.
5. Implement an illegal discharge detection and elimination program as required by the MS4 permit(s) to which the CITY is subject. Demonstrate adequate legal authority to control discharges to its MS4 facilities as may be required by the relevant MS4 permit(s) to which the CITY is subject.
6. Provide, as requested by the COUNTY, copies of the CITY’s jurisdictional reports, data, and any other information (in formats requested by the COUNTY, where such formats are reasonably available) to satisfy requirements in MS4 permits or other orders issued by a Regional Board or the State Board, to which the CITY is subject, provided the CITY has not otherwise challenged such order, and such challenge has not been resolved.
7. Participate in meetings convened by the COUNTY and respond to requests for information from the COUNTY, intended to obtain PERMITTEE input on matters related to this AGREEMENT and the implementation of the OC Stormwater Program.
8. Designate primary and secondary Stormwater Program Representative for matters related to this AGREEMENT and the implementation of the OC Stormwater Program. Designations shall be made by each CITY’s city manager, or designee, in writing to the COUNTY. Each designation shall remain in effect until revoked by the CITY’s city manager or designee.
Stormwater Program Representatives are intended to provide subject matter input and facilitate communication between the COUNTY and each CITY. For purposes of this AGREEMENT, a Stormwater Program Item: 12
263
10 Representative will not be deemed to have the authority to approve annual operating budgets on behalf of a CITY, as required in Section III.A.1, unless expressly stated in the written designation provided to the COUNTY.
D. In the unincorporated areas of the COUNTY, the COUNTY shall, at no cost to the CITIES or the DISTRICT, undertake or cause to be undertaken all activities required above of the CITIES in Section III.C that are not responsibilities of the DISTRICT as outlined in Section III.B.
IV. Orange County City Manager Association Engagement
A. In lieu of the activities of the Technical Advisory Committee under the ORIGINAL AGREEMENT, the COUNTY shall endeavor to create a working relationship with the Orange County City Manager Association (“OCCMA”) or a sub-group thereof, to address issues such as MS4 permit requirements, MS4 permit compliance methods, and funding needs and strategies to facilitate regional and/or watershed-based, multi-jurisdictional project efforts.
B. At its discretion, the COUNTY, in coordination with the PERMITTEES as set forth in this AGREEMENT, may implement recommendations (or parts thereof) that OCCMA may give on OC Stormwater Program matters, including, but not limited to, potential strategies for compliance with current and anticipated future MS4 permit requirements; funding strategies and options for MS4 permit compliance efforts; and OC Stormwater Program budgeting.
Recommendations that would result in unbudgeted costs shall be subject to Majority Approval of the PERMITTEES pursuant to III.A.1.d.
C. Under no circumstances shall this Section be interpreted as a replacement or substitute for any other responsibility of CITIES or the COUNTY under this Agreement. At the COUNTY’s discretion, the Director of OC Public Works may enter into a memorandum of understanding with OCCMA to facilitate Item: 12
264
11 procedures for OCCMA engagement under this Section. Under no circumstances shall this provision be interpreted to require any written agreement between the COUNTY and OCCMA.
V. PROGRAM COSTS
A. Annual Operating Costs.
Where not otherwise funded, the annual operating budget, including all costs of equipment, goods, COUNTY services (including, but not limited to, applicable COUNTY and COUNTY’S departmental overhead), and all professional services costs incurred by the COUNTY, and any cost of the MS4 permits, as determined by the COUNTY in its role as administrator of the OC Stormwater Program, shall be a shared cost and allocated among the COUNTY, DISTRICT, and CITIES, and paid for as follows:
Participants Percentage Contribution
DISTRICT 10
CITIES + COUNTY 90
The individual percentage contributions from each CITY and the COUNTY shall be functions of their respective dry land areas and population relative to those of the entire County of Orange. Each area shall be calculated as one-half of the sum of the area and population fractions, multiplied by 90%. National forests, state parks, airports, landfills, oceans, harbors, tidal bays, and active military installations shall be excluded from area calculations (Exhibit A-1). The contribution of the COUNTY shall be calculated from unincorporated areas and their respective populations. Should any external or alternative sources of funding become available, those funds may be directly applied to the appropriate budget(s) before the shared cost percentages are applied to the PERMITTTEES or credited to a subsequent budget.
Item: 12
265
12 Share in percent for jurisdiction #1= {(X1/Xtot) + (Y1/Ytot)}/2 x (90)
X = area
Y = population
tot = total population or area
90 = total percentage excluding the DISTRICT’s contribution
The percentage share shall be calculated by the COUNTY from population and area data. The population data shall be the most recent annual population estimates produced by the California Department of Finance, and area is based on the most recent OC Public Works survey data available to the COUNTY. Percentage share calculations shall be updated by May of each budget year for the budget year following and shall be included in annual operating budget proposals. Annual operating budget proposals shall be prepared based on the following percentage share computation methods, as applicable, and subject to exclusions in Exhibit A-1:
1. Countywide costs will be calculated as described in the process and formula above and subject to Exhibit A-1 for the entire group of PERMITTEES.
2. Regional costs, specific to only one RWQCB permit (Santa Ana Region and San Diego Region), will be calculated based on the process and formula above for PERMITTEES within the respective permit geographic area. For PERMITTEES that have jurisdiction in both permit regions, the regional costs will be based on the land area and prorated population for that permit geographic area.
3. Sub-budgets shall be based on the PARTICIPATING PERMITTEES and their corresponding area and prorated population total within the geographic area subject to the specific sub-budget.
4. In the event of a regulatory directive issued to PERMITTEES requiring amendment of any approved budget, the COUNTY shall provide immediate Item: 12
266
13 notice to the included PERMITTEES and hold discussions with respect to responding to the directive and funding the immediate response. Such budget amendments shall be subject to the Majority Approval referenced in Section III.A.1.d.
5. If at any time during a budget year costs exceed the sum of the deposits for any approved budget, and prior Majority Approval for such exceedance has been obtained, the COUNTY shall submit invoices to the involved PERMITTEES to recover the deficit. The share for each PERMITTEE shall be prorated according to the formula that was initially used to apportion budget costs. Each CITY shall pay the invoice within 45 calendar days of the billing date.
6. If at any time costs exceed the sum of the deposits for any approved budget, the COUNTY may propose a budget increase and request payment by the PERMITTEES, and PERMITTEES shall pay such amount, provided the budget increase is approved in accordance with sections III.A.1.c-d or III.A.2.c of this Agreement, as may be applicable. Until such approval is obtained and sufficient deposits received, the COUNTY may, at its sole discretion, cease carrying out approved budget components so as to limit or not incur costs in excess of deposits. Nothing in this AGREEMENT shall be construed as requiring PERMITTEES to approve budget increases.
7. The COUNTY shall prepare a budget year-end accounting within 120 calendar days of the end of the budget year and present the same to the involved PERMITTEES for review. If the budget year-end accounting results in the sum of the deposits exceeding costs (net of interest earnings), the excess deposits shall carry forward to reduce the obligation of the PERMITTEES for the following budget year and prorated to the CITIES consistent with the cost-sharing population and area data Item: 12
267
14 calculation above.
8. The COUNTY shall invoice each CITY for its annual share of each approved budget by November 30 of each budget year. Each CITY shall pay their deposit(s) within 45 calendar days of the billing date or within 45 calendar days of November 30, whichever is later. Each CITY’S deposit(s) shall be based on their prorated share(s) of the approved budget(s), reduced for any carry forward amount identified in the prior budget year-end accounting.
9. The COUNTY shall hold each CITY’s annual share of each approved budget in interest-bearing accounts and credit interest earned on each CITY’s annual share against each CITY’s share of the approved budget costs.
The COUNTY shall maintain records regarding interest earned and credited on each CITY’s annual share and provide the same to the CITIES within 120 calendar days of the end of the budget year.
10. Upon termination of this AGREEMENT, a final accounting shall be performed by the COUNTY and presented to the PERMITTEES for review. If the sum of the deposits exceeds the costs, the COUNTY shall reimburse to each CITY its prorated share of the excess, within 120 calendar days of the final accounting.
VI. LIFE OF THE AGREEMENT
The term of this AGREEMENT shall be indefinite, unless amended or terminated in accordance with this AGREEMENT.
VII. ADDITIONAL PARTIES
Any CITY which becomes incorporated after the effective date of this AGREEMENT, or requests to become a party to this AGREEMENT after previously withdrawing pursuant to Section VIII, shall be eligible to become a party to this AGREEMENT, subject to Majority Approval. In approving adding additional cities to this AGREEMENT, the PERMITTEES may Item: 12
268
15 require such conditions of the added cities as they determine necessary or advantageous. The date of initiation, for determining costs for newly incorporated cities, shall be the date of incorporation. The costs for adding additional cities to this AGREEMENT and OC Stormwater Program including, but not limited to, permit and processing fees, as well as administrative costs incurred by the COUNTY and costs to reimburse the existing PERMITTEES for unreimbursed costs related to a previous withdrawal (if applicable), shall be calculated by the COUNTY, approved by Majority Approval of the PERMITTEES and, thereafter, invoiced by the COUNTY and paid by the added city(ies) within 45 calendar days of the billing date. Monies to be reimbursed to the existing PERMITTEES shall carry forward to reduce the billings for the following budget year.
VIII. WITHDRAWAL FROM THE AGREEMENT
A CITY may withdraw from this AGREEMENT by providing at least 60 calendar days written notice to the COUNTY. The COUNTY shall notify the PERMITTEES within 10 business days of receipt of any withdrawal notice. Neither the COUNTY nor any PERMITTEE shall be responsible for advising the withdrawing CITY of the legal, regulatory, or programmatic effects of withdrawing, nor have any continuing responsibility to the withdrawing CITY upon the effective date of the withdrawal. The withdrawing CITY shall be solely responsible for any costs the withdrawing CITY may incur related to its withdrawal, including, but not limited to, penalties assessed by RWQCBs, and or other resource agencies (e.g., EPA, CDFW, etc.) in connection with or related to its withdrawal. In addition, withdrawal shall constitute forfeiture of any deposits on hand from the withdrawing CITY, for the budget year in which the withdrawal is effective. If the effective date of a withdrawal is within 60 calendar days of the beginning of any budget year, the withdrawing CITY shall be responsible for paying its annual Item: 12
269
16 share for the upcoming budget year as if it were still a PERMITTEE participating in this AGREEMENT but shall be eligible to receive a credit for any prospective carry forward amount of such annual share as may be contemplated by this AGREEMENT. The cost allocations to the remaining PERMITTEES participating in this AGREEMENT shall be recalculated and collected and/or credited as necessary in the budget year following the effective date of the withdrawal.
IX. NON-COMPLIANCE WITH PERMIT OR ORDER REQUIREMENTS
Each PERMITTEE shall remain solely responsible for its own acts and omissions with respect to compliance with requirements of an MS4 permit or other order of the RWQCBs or SWRCB to which it may be subject, and nothing herein shall be deemed to waive, release, or transfer any such responsibility to any other PERMITTEE. Nothing in this AGREEMENT shall be construed as an assumption by any PERMITTEE of any liability or obligation of another PERMITTEE, whether past, present, or future.
X. LEGAL ACTION/ COSTS/ ATTORNEY FEES
In the event of legal action to enforce any provision of this AGREEMENT, each party shall bear its own attorneys’ fees and costs, and no party shall seek to recover the same from any other party through litigation or other legal proceedings.
XI. AMENDMENTS TO THE AGREEMENT
This AGREEMENT may be amended with Majority Approval. The COUNTY and the DISTRICT shall represent one voting PERMITTEE with their percentage contribution equal to the total of the COUNTY and the DISTRICT as described in Section V. No amendment to this AGREEMENT shall be effective unless it is in writing and signed by the duly authorized representatives of the COUNTY and the required Majority Approval of PERMITTEES.
XII. NOTICES
Item: 12
270
17 All notices required under Section VIII shall be deemed duly given if delivered by hand (with written confirmation of receipt); via electronic mail (with confirmation of transmission); or three (3) days after deposit in the U.S. Mail, postage prepaid.
XIII. GOVERNING LAW
This AGREEMENT shall be governed and construed in accordance with laws of the State of California. If any provision or provisions of this AGREEMENT is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not any way be affected or impaired hereby.
XIV. CONSENT TO BREACH NOT WAIVER
No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the duly authorized representative of the PERMITTEE to have waived or consented.
Any consent by any PERMITTEE to, or waiver of, a breach by the other, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach.
XV. APPLICABILITY OF PRIOR AGREEMENTS
This AGREEMENT restates and amends the provisions in prior agreements and constitutes the entire AGREEMENT between the PERMITTEES with respect to the subject matter. All prior agreements, representations, statements, negotiations, and undertakings are superseded hereby.
XVI. EXECUTION OF THE AGREEMENT
This AGREEMENT may be executed in counterparts, and the signed counterparts shall constitute a single instrument. The parties agree that this AGREEMENT may be executed and delivered by electronic means, including via email or electronic signature platforms (e.g., DocuSign, Adobe Sign), and that such electronic signatures shall be deemed to have the same legal Item: 12
271
18 effect as original signatures. Each party agrees that electronically signed documents shall be valid, enforceable, and admissible in any legal proceeding to the same extent as a manually signed original.
XVII. NO WAIVER OF PRIVILEGE AND/OR WORK PRODUCTION PROTECTION
Notwithstanding anything in this Agreement to the contrary, nothing in this AGREEMENT shall require a party to release or provide information (including any reports, communications, data, etc.) that has been deemed by that party to be subject to the attorney-client privilege, attorney work product doctrine, or any other relevant privilege and protection, including, but not limited to, any reports or information generated by a party’s consultant that was prepared in consultation with, or at the direction of, such party’s attorney or counsel of record. Nothing in this AGREEMENT shall prohibit the parties hereto from entering into future agreements, including joint defense agreements, common interest agreements, or other similar agreements to share such privileged or protected information subject to the terms and conditions of such an agreement.
Item: 12
272
19 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the dates opposite their respective signatures:
ORANGE COUNTY FLOOD CONTROL DISTRICT
A body corporate and politic
By
Chairman of the Board of Supervisors
COUNTY OF ORANGE
A body corporate and politic
Date: By
Chairman of the Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF THIS
AGREEMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Date: By
ROBIN STIELER
Clerk of the Board of Supervisors of
Orange County, California
APPROVED AS TO FORM COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By Julia Woo, Senior Deputy
Date:
///
///
///
Item: 12
273
20 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF ALISO VIEJO
Date: ______
ATTEST:
City Clerk
Item: 12
274
21 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF ANAHEIM
Date: ______
ATTEST:
City Clerk
Item: 12
275
22 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF BREA
Date: _________________________
ATTEST:
City Clerk
Item: 12
276
23 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF BUENA PARK
Date: ______
ATTEST:
City Clerk
Item: 12
277
24 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF COSTA MESA
Date: _____
ATTEST:
City Clerk
Item: 12
278
25 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF CYPRESS
Date: ______
ATTEST:
City Clerk
Item: 12
279
26 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF DANA POINT
Date: ______
ATTEST:
City Clerk
Item: 12
280
27 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF FOUNTAIN VALLEY
Date: ______
ATTEST:
City Clerk
Item: 12
281
28 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF FULLERTON
Date: ______
ATTEST:
City Clerk
Item: 12
282
29 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF GARDEN GROVE
Date: ______
ATTEST:
City Clerk
Item: 12
283
30 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF HUNTINGTON BEACH
Date: ______
ATTEST:
City Clerk
Item: 12
284
31 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF IRVINE
Date: ______
ATTEST:
City Clerk
Item: 12
285
32 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LA HABRA
Date: ______
ATTEST:
City Clerk
Item: 12
286
33 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LA PALMA
Date: ______
ATTEST:
City Clerk
Item: 12
287
34 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LAGUNA BEACH
Date: ______
ATTEST:
City Clerk
Item: 12
288
35 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LAGUNA HILLS
Date: ______
ATTEST:
City Clerk
Item: 12
289
36 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LAGUNA NIGUEL
Date: ______
ATTEST:
City Clerk
Item: 12
290
37 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LAGUNA WOODS
Date: ______
ATTEST:
City Clerk
Item: 12
291
38 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LAKE FOREST
Date: ______
ATTEST:
City Clerk
Item: 12
292
39 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LOS ALAMITOS
Date: ______
ATTEST:
City Clerk
Item: 12
293
40 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF MISSION VIEJO
Date: ______
ATTEST:
City Clerk
Item: 12
294
41 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF NEWPORT BEACH
Date: ______
ATTEST:
City Clerk
Item: 12
295
42 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF ORANGE
Date: ______
ATTEST:
City Clerk
Item: 12
296
43 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF PLACENTIA
Date: ______
ATTEST:
City Clerk
Item: 12
297
44 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF RANCHO SANTA MARGARITA
Date: ______
ATTEST:
City Clerk
Item: 12
298
45 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF SAN CLEMENTE
Date: _____
ATTEST:
City Clerk
Item: 12
299
46 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF SAN JUAN CAPISTRANO
Date: _____
ATTEST:
City Clerk
Item: 12
300
47 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF SANTA ANA
Date: ______
ATTEST:
City Clerk
Item: 12
301
48 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF SEAL BEACH
Date: ____
ATTEST:
City Clerk
Item: 12
302
49 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF STANTON
Date: ______
ATTEST:
City Clerk
Item: 12
303
50 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF TUSTIN
Date: ______
ATTEST:
City Clerk
Item: 12
304
51 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF VILLA PARK
Date: ______
ATTEST:
City Clerk
Item: 12
305
52 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF WESTMINSTER
Date: ______
ATTEST:
City Clerk
Item: 12
306
53 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF YORBA LINDA
Date: ______
ATTEST:
City Clerk
Item: 12
307
54 EXHIBIT A - 1
DRY LAND AREA DEDUCTED FROM JURISDICTIONS
Landfills Jurisdiction
Olinda
County
Santiago County
Prima Deschecha County
Bee Canyon County
Coyote Canyon County
State Parks
Bolsa Chica State Beach* Huntington Beach
Chino Hills State Park County
Corona Del Mar State Beach Newport Beach
Crystal Cove State Park** County
Doheny State Beach Dana Point
Huntington State Beach Huntington Beach
San Clemente State Beach San Clemente
Airports
Fullerton Fullerton
John Wayne County
Military facilities
Joint Forces Training Base - Los Alamitos Los Alamitos
Former MCAS Tustin*** Tustin
Seal Beach Naval Weapons Station**** Seal Beach
National Forests
Cleveland National Forest County
*Includes Bolsa Chica Ecological Preserve
**Includes Laguna Laurel Ecological Preserve
***Active military areas
****Includes Seal Beach National Wildlife Refuge
Item: 12
308
Attachment 3
Item: 12
309
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
1 AMENDED AND RESTATED NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
STORMWATER PERMIT IMPLEMENTATION AGREEMENT
This AMENDED AND RESTATED NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER PERMIT IMPLEMENTATION AGREEMENT (“AGREEMENT”), for purposes of identification numbered [D02-048], and which may be alternatively referred to as the “OC Stormwater Program Implementation Agreement,” is entered into this ____ day of _________, 2026, by the County of Orange, (herein called the COUNTY), the Orange County Flood Control District (herein called DISTRICT) and the cities of Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, La Habra, La Palma, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda (herein called CITIES).
The COUNTY, DISTRICT, and CITIES may be referred to collectively as PERMITTEES or individually as PERMITTEE, COUNTY, DISTRICT, or CITY, respectively, in this AGREEMENT.
RECITALS
WHEREAS, the United States Congress in 1987, through the Water Quality Act, amended Section 402 of the Clean Water Act (33 U.S.C.A. 1342(p)) to require the United States Environmental Protection Agency (“EPA”) to promulgate regulations for permitting stormwater discharges; and
WHEREAS, EPA regulations require National Pollutant Discharge Elimination System (“NPDES”) permits for discharges from a municipal separate storm sewer Item: 12
310
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
2 system (“MS4”)(herein after called MS4 permits), and further require MS4 permits to include requirements to control pollutants from stormwater discharges; and WHEREAS, in 1927, the Orange County Flood Control Act created the DISTRICT to provide for the control of flood and stormwater and protect from damage from those flood or stormwater, the harbors, waterways, public highways, and property within the DISTRICT’s jurisdiction; and
WHEREAS, the powers granted to the DISTRICT include the authority to regulate discharges that threaten to impact its system and carry on technical and other investigations, examinations, or tests of all kinds, making measurements, collecting data, and making analyses, studies, and inspections pertaining to water supply, control of floods, use of water, water quality, nuisance, pollution, waste, and contamination of water, both within and without the DISTRICT; and
WHEREAS, the California State Water Resources Control Board (“SWRCB”), as designee of the EPA, has delegated authority to the California Regional Water Quality Control Boards-Santa Ana Region (“RWQCB-SAR”) and San Diego Region (“RWQCB-SDR”)(collectively, the RWQCBs) for administration of MS4 permits within the boundaries of their regions; and
WHEREAS, the COUNTY, DISTRICT, and CITIES are PERMITTEES under MS4 permits issued by the RWQCBs; and
WHEREAS, the RWQCBs have designated the COUNTY as the Principal PERMITTEE or Principal Watershed Co-permittee, as defined in the MS4 permits; and WHEREAS, the COUNTY, the DISTRICT and the CITIES previously entered into that certain agreement entitled National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement D90-094, on December 18, 1990, which was subsequently amended on October 26, 1993 by Amendment No. 1 and then on June 25, 2002 (the December 18, 1990 Agreement as Amended by Amendment No. 1 and the June 25, 2002 amendment will be referred to collectively hereinafter as the Item: 12
311
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
3 ORIGINAL AGREEMENT), to cooperatively develop, and did thereunder develop, an integrated stormwater runoff management program with the objective of fulfilling MS4 permit requirements and improving water quality in Orange County (program referred to herein as the “OC Stormwater Program”); and WHEREAS, Section X of the ORIGINAL AGREEMENT provides that the ORIGINAL AGREEMENT may be amended by consent of a majority of the PERMITTEES which represent a majority of the percentage contributions as described in Section IV of the ORIGINAL AGREEMENT; and
WHEREAS, continued cooperation between the CITIES, the COUNTY, and the DISTRICT to jointly implement the OC Stormwater Program to fulfill prior, new, and potential future MS4 permit requirements, to the extent feasible, is in the best interests of the CITIES, the COUNTY, and the DISTRICT; and WHEREAS, the PERMITTEES now desire to restate and amend the ORIGINAL AGREEMENT, as reflected and set forth in this AGREEMENT.
NOW, THEREFORE, the PERMITTEES do mutually agree as follows:
I. FILING STATUS
The COUNTY, the DISTRICT, and each CITY have filed applications for MS4 permits as PERMITTEES. The COUNTY, the DISTRICT, and each CITY is a PERMITTEE under each MS4 permit to which they are subject.
II. INCORPORATION OF FEDERAL GUIDELINES
All applicable federal and state water quality regulations and guidelines under the Federal Clean Water Act, as presently written or as changed during the term of this AGREEMENT, are hereby incorporated by reference and made a part of this AGREEMENT and take precedence over any inconsistent terms of this AGREEMENT.
III. DELEGATION OF RESPONSIBILITIES
The responsibilities of each of the parties shall be as follows:
A. The COUNTY shall be the administrator of the OC Stormwater Program and, Item: 12
312
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
4 on a cost-shared basis, perform the following functions:
1. Annual operating budgets.
a. Prepare the annual operating budget (“annual operating budget”), which shall include a work plan and associated financial plan and budget. The annual operating budget is intended to provide for all programmatic functions and associated costs of the OC Stormwater Program, as outlined in this AGREEMENT and as generally described in section V.A. Annual operating budgets and work plans may be based on RWQCB region (i.e., Santa Ana Region versus San Diego Region). The budget year shall coincide with the COUNTY’s fiscal year, July 1 – June 30.
b. Consult with the Stormwater Program Representatives (as defined in Section III.C.8) when preparing annual operating budgets and major program elements therein.
c. A draft of the annual operating budget may be prepared for the PERMITTIES for review by February 15 each year. Annual operating budgets shall be submitted to the PERMITTEES for consideration and approval by May 15 of each year. Individual CITY approval shall be obtained from each CITY’s city manager or designee thereof by July 30 of each year. CITY manager designations for annual operating budget approval shall be provided in writing to the County and shall remain in effect until revoked in writing by the CITY’s city manager. An annual operating budget shall be deemed approved and adopted for the OC Stormwater Program by affirmative responses from PERMITTEES which represent a majority (50% or greater) of both the area and population percentage contribution as calculated in accordance with Section V.A (method for calculating approval percentage referred to as “Majority Item: 12
313
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
5 Approval”). The COUNTY and the DISTRICT shall represent one voting PERMITTEE with their percentage contribution equal to the total of the COUNTY and the DISTRICT as described in Section V.A. d. An approved and adopted annual operating budget shall not be exceeded without prior Majority Approval of the PERMITTEES.
2. Project or watershed-specific sub-budgets.
a. In coordination with the PERMITTEES, prepare project-specific and/or watershed-specific budgets and associated work plans (collectively, “sub-budget(s)”) for the design of water quality projects and/or responding to RWQCB enforcement orders and/or other orders (e.g., California Water Code 13267 or 13383 orders). b. Sub-budgets shall be prepared and proposed on an as-needed basis, at the discretion of the COUNTY, or as requested by interested PERMITTEES, subject to concurrence of the COUNTY.
c. Each PERMITTEE willing to participate in a sub-budget will confirm participation to the COUNTY in writing. A PERMITTEE who confirms participation in a sub-budget shall be referred to herein as “PARTICIPATING PERMITTEE(s).” Sub-budgets will be subject to unanimous approval by all PARTICIPATING PERMITTEES, except that where a Participating Permittee fails to vote to approve a proposed sub-budget, such failure shall be deemed a withdrawal from the sub-budget and the withdrawing PERMITTEE shall no longer be considered a PARTICIPATING PERMITTEE and shall have no obligation to pay for or participate in the sub-budget. d. Project elements that go beyond design (e.g., construction, operation, and maintenance) shall not be provided for in sub- budgets and, instead, are subject to separate agreement between Item: 12
314
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
6 the Participating Permittees.
3. Represent the OC Stormwater Program in reviews of documents, comments, and discussions with EPA, SWRCB, and RWQCBs and/or other resource agencies regarding MS4 permit requirements and related policies, programs, and regulations. The COUNTY shall timely notify the PERMITTEES of any decision reached during these discussions that, in the determination of the County, substantially impacts the OC Stormwater Program.
4. Implement approved annual operating budgets and sub-budgets.
5. Working in collaboration with PERMITTEES, prepare and submit regional compliance reports as the Principal PERMITTEE, as required under the MS4 permits, and/or as designated in the approved workplans.
6. Implement the regional monitoring and reporting program elements from approved workplans for the MS4 permits, including, but not limited to, tasks to monitor and measure the effectiveness of Best Management Practices (“BMPs”). This may include monitoring, and modeling.
7. Obtain, as may be required by the annual operating budget and/or sub- budgets approved pursuant to this AGREEMENT, professional services, including, but not limited to, scientific, engineering, environmental, economic, and/or legal consultants to provide technical assistance for the work associated with the OC Stormwater Program. This work may include, but is not limited to, the preparation of technical or economic studies, legal analysis, watershed management plans, stormwater runoff management plans, water quality improvement plans, modeling, reasonable assurance demonstrations/reasonable assurance analyses, monitoring plans, technical reports, municipal staff training activities, and the design of structural and non-structural BMPs and strategies to prevent and/or reduce pollutants in stormwater runoff. Contracts for Item: 12
315
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
7 professional services to be funded under this AGREEMENT shall be made in conformance with the COUNTY’s procurement policies, and, to the extent there is no conflict, the following:
a. The COUNTY shall make efforts to stagger the date of issuance of new contracts for professional services, so that PERMITTEES may better absorb increases in consultant fee rates.
b. For contracts for professional services that would require approval by the Orange County Board of Supervisors (as determined within the sole discretion of the COUNTY), one Stormwater Program
Representative for every two designees of the COUNTY shall be allowed to participate in any panel formed for the purpose of evaluating responses to Requests for Proposals or similar competitive solicitations submitted by potential consultants. Where any contract subject to this provision is to be extended beyond the initial term, the COUNTY shall request feedback from the Stormwater Program Representatives, regarding the consultant’s performance, prior to executing the extension. This process shall in no way impinge upon or limit the COUNTY’s discretion to enter into, amend, extend, renew, or cancel any contract for professional services for the OC Stormwater Program.
c. The COUNTY shall notify the PERMITTEES of any changes in the COUNTY’s procurement policies that significantly affect the thresholds for competitive procurement, scoring, or selection processes for contract services.
8. Implement a facility inspection program, as required by the MS4 permits, for MS4 facilities within the unincorporated areas of the County, at no cost to the CITIES.
Item: 12
316
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
8 9. Implement a facility inspection program, as required by the MS4 permits, for MS4 facilities on County-owned property used for COUNTY governmental purposes (i.e., property used for governmental functions) and located within a CITY, at no cost to the CITIES. For purposes of this section, the regional facility known as Dana Point Harbor shall be considered a County- owned property used for governmental purposes.
a. To avoid confusion in the implementation of each party’s facility inspection programs, the COUNTY shall provide a list of those facilities, buildings and properties that it owns and are located within other jurisdictions (i.e. non- unincorporated properties) that the COUNTY has decided to monitor and regulate pursuant to this Section III.A.9 . The County further agrees to notify the affected PERMITTEE of changes to the status of a facility.
B. The DISTRICT shall, on a cost-shared basis, except as set forth in subparagraph 2 below:
1. Perform or cause to be performed the water quality and hydrographic monitoring for compliance with MS4 permits and/or in accordance with RWQCB-approved monitoring plans and/or in the approved workplans.
2. Implement a facility inspection program, as required by the MS4 permits, for MS4 facilitieslocated on District-owned and controlled property that is used for governmental purposes, at no cost to the CITIES.
3. Undertake or cause to be undertaken all activities required of the CITIES in Section III.C and applicable to the District.
C. The CITIES, at no cost to the Counties and the District, shall:
1. Implement a facility inspection program for its MS4 facilities, as required by the MS4 permit(s) and within the jurisdictional boundaries of that CITY.
Item: 12
317
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
9 2. Submit to the COUNTY storm drain system maps and/or data describing the type and location of its MS4 facilities with periodic revisions that reflect any modifications made as a result of land
development/redevelopment. If possible, information shall be submitted as geographical information system (“GIS”) data.
3. Support the COUNTY in the preparation of watershed characterizations and catchment prioritization efforts, including, but not limited to, by:
a. Identifying applicable zoning and land use designations.
b. Identifying areas where sources of specific pollutants are known.
4. Upon COUNTY request, review, comment on, consider approval of and, if approved, implement regional strategies to prevent and reduce pollutants in stormwater runoff.
5. Implement an illegal discharge detection and elimination program as required by the MS4 permit(s) to which the CITY is subject.Demonstrate adequate legal authority to control discharges to its MS4 facilities as may be required by the relevant MS4 permit(s) to which the CITY is subject.
6. Provide, as requested by the COUNTY, copies of the CITY’s jurisdictional reports, data, and any other information (in formats requested by the COUNTY, where such formats are reasonably available) to satisfy requirements in MS4 permits or other orders issued by a Regional Board or the State Board, to which the CITY is subject, provided the CITY has not otherwise challenged such order, and such challenge has not been resolved.
7. Participate in meetings convened by the COUNTY and respond to requests for information from the COUNTY, intended to obtain PERMITTEE input on matters related to this AGREEMENT and the implementation of the OC Stormwater Program.
Item: 12
318
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
10 8. Designate primary and secondary Stormwater Program Representative for matters related to this AGREEMENT and the implementation of the OC Stormwater Program. Designations shall be made by each CITY’s city manager, or designee, in writing to the COUNTY. Each designation shall remain in effect until revoked by the CITY’s city manager or designee. Stormwater Program Representatives are intended to provide subject matter input and facilitate communication between the COUNTY and each CITY. For purposes of this AGREEMENT, a Stormwater Program Representative will not be deemed to have the authority to approve annual operating budgets on behalf of a CITY, as required in Section III.A.1, unless expressly stated in the written designation provided to the COUNTY.
D. In the unincorporated areas of the COUNTY, the COUNTY shall, at no cost to the CITIES or the DISTRICT, undertake or cause to be undertaken, all activities required above of the CITIES in Section III.C that are not responsibilities of the DISTRICT as outlined in Section III.B.
IV. Orange County City Manager Association Engagement
A. In lieu of the activities of the Technical Advisory Committee under the ORIGINAL AGREEMENT, the COUNTY shall endeavor to create a working relationship with the Orange County City Manager Association (“OCCMA”) or a sub-group thereof, to address issues such as MS4 permit requirements, MS4 permit compliance methods, and funding needs and strategies to facilitate regional and/or watershed-based, multi-jurisdictional project efforts.
B. At its discretion, the COUNTY, in coordination with the PERMITTEES as set forth in this AGREEMENT, may implement recommendations (or parts thereof) that OCCMA may give on OC Stormwater Program matters, including, but not Item: 12
319
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
11 limited to, potential strategies for compliance with current and anticipated future MS4 permit requirements; funding strategies and options for MS4 permit compliance efforts; and OC Stormwater Program budgeting.
Recommendations that would result in unbudgeted costs shall be subject to Majority Approval of the PERMITTEES pursuant to III.A.1.d.
C. Under no circumstances shall this Section be interpreted as a replacement or substitute for any other responsibility of CITIES or the COUNTY under this Agreement. At the COUNTY’s discretion, the Director of OC Public Works may enter into a memorandum of understanding with OCCMA, to facilitate procedures for OCCMA engagement under this Section. Under no circumstances shall this provision be interpreted to require any written agreement between the COUNTY and OCCMA.
V. PROGRAM COSTS
A. Annual Operating Costs.
Where not otherwise funded, the annual operating budget, including all costs of equipment, goods, COUNTY services (including, but not limited to, applicable COUNTY and COUNTY’S departmental overhead), and all professional services costs incurred by the COUNTY, and any cost of the MS4 permits, as determined by the COUNTY in its role as administrator of the OC Stormwater Program, shall be a shared cost and allocated among the COUNTY, DISTRICT, and CITIES, and paid for as follows:
Participants Percentage Contribution
DISTRICT 10
CITIES + COUNTY 90
The individual percentage contributions from each CITY and the COUNTY shall be functions of their respective dry land areas and population relative to those of the entire County of Orange. Each area shall be calculated as one- Item: 12
320
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
12 half of the sum of the area and population fractions, multiplied by 90%.
National forests, state parks, airports, landfills, oceans, harbors, tidal bays, and active military installations shall be excluded from area calculations (Exhibit A-1). The contribution of the COUNTY shall be calculated from unincorporated areas and their respective populations. Should any external or alternative sources of funding become available, those funds may be directly applied to the appropriate budget(s) before the shared cost percentages are applied to the PERMITTTEES or credited to a subsequent budget.
Share in percent for jurisdiction #1= {(X1/Xtot) + (Y1/Ytot)}/2 x (90)
X = area
Y = population
tot = total population or area
90 = total percentage excluding the DISTRICT’s contribution
The percentage share shall be calculated by the COUNTY from population and area data. The population data shall be the most recent annual population estimates produced by the California Department of Finance, and area is based on the most recent OC Public Works survey data available to the COUNTY.
Percentage share calculations shall be updated by May of each budget year for the budget year following and shall be included in annual operating budget proposals. Annual operating budget proposals shall be prepared based on the following percentage share computation methods, as applicable, and subject to exclusions in Exhibit A-1:
1. Countywide costs will be calculated as described in the process and formula above and subject to Exhibit A-1 for the entire group of PERMITTEES.
2. Regional costs, specific to only one RWQCB permit (Santa Ana Region and Item: 12
321
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
13 San Diego Region), will be calculated based on the process and formula above for PERMITTEES within the respective permit geographic area. For PERMITTEES that have jurisdiction in both permit regions, the regional costs will be based on the land area and prorated population for that permit geographic area.
3. Sub-budgets shall be based on the PARTICIPATING PERMITTEES and their corresponding area and prorated population total within the geographic area subject to the specific sub-budget.
4. In the event of a regulatory directive issued to PERMITTEES requiring amendment of any approved budget, the COUNTY shall provide immediate notice to the included PERMITTEES and hold discussions with respect to responding to the directive and funding the immediate response. Such budget amendments shall be subject to the Majority Approval referenced in Section III.A.1.d.
5. If at any time during a budget year costs exceed the sum of the deposits for any approved budget, and prior Majority Approval for such exceedance has been obtained, the COUNTY shall submit invoices to the involved PERMITTEES to recover the deficit. The share for each PERMITTEE shall be prorated according to the formula that was initially used to apportion budget costs. Each CITY shall pay the invoice within 45 calendar days of the billing date.
6. If at any time costs exceed the sum of the deposits for any approved budget, the COUNTY may propose a budget increase and request payment by the PERMITTEES, and PERMITTEES shall pay such amount, provided the budget increase is approved in accordance with sections III.A.1.c-d or III.A.2.c of this Agreement, as may be applicable. Until such approval is obtained and sufficient deposits received, the COUNTY may, at its sole discretion, cease carrying out approved budget components so as to Item: 12
322
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
14 limit or not incur costs in excess of deposits. Nothing in this AGREEMENT shall be construed as requiring PERMITTEES to approve budget increases.
7. The COUNTY shall prepare a budget year-end accounting within 120 calendar days of the end of the budget year and present the same to the involved PERMITTEES for review. If the budget year-end accounting results in the sum of the deposits exceeding costs (net of interest earnings), the excess deposits shall carry forward to reduce the obligation of the PERMITTEES for the following budget year and prorated to the CITIES consistent with the cost sharing population and area data calculation above.
8. The COUNTY shall invoice each CITY for its annual share of each approved budget by November 30 of each budget year. Each CITY shall pay their deposit(s) within 45 calendar days of the billing date or within 45 calendar days of November 30, whichever is later. Each CITY’S deposit(s) shall be based on their prorated share(s) of the approved budget(s), reduced for any carry forward amount identified in the prior budget year-end accounting.
9. The COUNTY shall hold each CITY’s annual share of each approved budget in interest-bearing accounts and credit interest earned on each CITY’s annual share against each CITY’s share of the approved budget costs.
The COUNTY shall maintain records regarding interest earned and credited on each CITY’s annual share and provide the same to the CITIES within 120 calendar days of the end of the budget year.
10. Upon termination of this AGREEMENT, a final accounting shall be performed by the COUNTY and presented to the PERMITTEES for review. If the sum of the deposits exceeds the costs, the COUNTY shall reimburse to each CITY its prorated share of the excess, within 120 calendar days Item: 12
323
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
15 of the final accounting.
VI. LIFE OF THE AGREEMENT
The term of this AGREEMENT shall be indefinite, unless amended or terminated in accordance with this AGREEMENT.
VII. ADDITIONAL PARTIES
Any CITY which becomes incorporated after the effective date of this AGREEMENT, or requests to become a party to this AGREEMENT after previously withdrawing pursuant to Section VIII, shall be eligible to become a party to this AGREEMENT, subject to Majority Approval. In approving adding additional cities to this AGREEMENT, the PERMITTEES may require such conditions of the added cities as they determine necessary or advantageous. The date of initiation, for determining costs for newly incorporated cities, shall be the date of incorporation. The costs for adding additional cities to this AGREEMENT and OC Stormwater Program including, but not limited to, permit and processing fees, as well as administrative costs incurred by the COUNTY and costs to reimburse the existing PERMITTEES for unreimbursed costs related to a previous withdrawal (if applicable), shall be calculated by the COUNTY, approved by Majority Approval of the PERMITTEES and, thereafter, invoiced by the COUNTY and paid by the added city(ies) within 45 calendar days of the billing date. Monies to be reimbursed to the existing PERMITTEES shall carry forward to reduce the billings for the following budget year.
VIII. WITHDRAWAL FROM THE AGREEMENT
A CITY may withdraw from this AGREEMENT by providing at least 60 calendar days written notice to the COUNTY. The COUNTY shall notify the PERMITTEES within 10 business days of receipt of any withdrawal notice. Neither the COUNTY nor any PERMITTEE shall be responsible for advising the withdrawing CITY of the legal, regulatory, or programmatic effects of withdrawing, nor have any continuing responsibility to the withdrawing CITY upon the Item: 12
324
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
16 effective date of the withdrawal. The withdrawing CITY shall be solely responsible for any costs the withdrawing CITY may incur related to its withdrawal including, but not limited to, penalties assessed by RWQCBs, and or other resource agencies (e.g., EPA, CDFW, etc.) in connection with or related to its withdrawal. In addition, withdrawal shall constitute forfeiture of any deposits on hand from the withdrawing CITY, for the budget year in which the withdrawal is effective. If the effective date of a withdrawal is within 60 calendar days of the beginning of any budget year, the withdrawing CITY shall be responsible for paying its annual share for the upcoming budget year as if it were still a PERMITTEE participating in this AGREEMENT but shall be eligible to receive a credit for any prospective carry forward amount of such annual share as may be contemplated by this AGREEMENT. The cost allocations to the remaining PERMITTEES participating in this AGREEMENT shall be recalculated and collected and/or credited as necessary in the budget year following the effective date of the withdrawal.
IX. NON-COMPLIANCE WITH PERMIT OR ORDER REQUIREMENTS
Each PERMITTEE shall remain solely responsible for its own acts and omissions with respect to compliance with requirements of an MS4 permit or other order of the RWQCBs or SWRCB to which it may be subject, and nothing herein shall be deemed to waive, release or transfer any such responsibility to any other PERMITTEE. Nothing in this AGREEMENT shall be construed as an assumption by any PERMITTEE of any liability or obligation of another PERMITTEE, whether past, present or future.
X. LEGAL ACTION/ COSTS/ ATTORNEY FEES
In the event of legal action to enforce any provision of this AGREEMENT, each party shall bear its own attorneys’ fees and costs, and no party shall seek to recover the same from any other party through litigation or other legal proceedings.
Item: 12
325
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
17 XI. AMENDMENTS TO THE AGREEMENT
This AGREEMENT may be amended with Majority Approval. The COUNTY and the DISTRICT shall represent one voting PERMITTEE with their percentage contribution equal to the total of the COUNTY and the DISTRICT as described in Section V. No amendment to this AGREEMENT shall be effective unless it is in writing and signed by the duly authorized representatives of the COUNTY and the required Majority Approval of PERMITTEES.
XII. NOTICES
All notices required under Section VIII shall be deemed duly given if delivered by hand (with written confirmation of receipt); via electronic mail (with confirmation of transmission); or three (3) days after deposit in the U.S. Mail, postage prepaid.
XIII. GOVERNING LAW
This AGREEMENT shall be governed and construed in accordance with laws of the State of California. If any provision or provisions of this AGREEMENT is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not any way be affected or impaired hereby.
XIV. CONSENT TO BREACH NOT WAIVER
No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the duly authorized representative of the PERMITTEE to have waived or consented. Any consent by any PERMITTEE to, or waiver of, a breach by the other, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach.
XV. APPLICABILITY OF PRIOR AGREEMENTS
This AGREEMENT restates and amends the provisions in prior agreements and constitutes the entire AGREEMENT between the PERMITTEES with respect to the Item: 12
326
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
18 subject matter. All prior agreements, representations, statements, negotiations, and undertakings are superseded hereby.
XVI. EXECUTION OF THE AGREEMENT
This AGREEMENT may be executed in counterparts, and the signed counterparts shall constitute a single instrument. The parties agree that this AGREEMENT may be executed and delivered by electronic means, including via email or electronic signature platforms (e.g., DocuSign, Adobe Sign), and that such electronic signatures shall be deemed to have the same legal effect as original signatures. Each party agrees that electronically signed documents shall be valid, enforceable, and admissible in any legal proceeding to the same extent as a manually signed original.
XVII. NO WAIVER OF PRIVILEGE AND/OR WORK PRODUCTION PROTECTION
Notwithstanding anything in this Agreement to the contrary, nothing in this AGREEMENT shall require a party to release or provide information (including any reports, communications, data, etc.) that has been deemed by that party to be subject to the attorney-client privilege, attorney work product doctrine, or any other relevant privilege and protection, including, but not limited to, any reports or information generated by a party’s consultant that was prepared in consultation with, or at the direction of, such party’s attorney or counsel of record. Nothing in this AGREEMENT shall prohibit the parties hereto from entering into future agreements, including joint defense agreements, common interest agreements, or other similar agreements to share such privileged or protected information subject to the terms and conditions of such an agreement.
Item: 12
327
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
19 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the dates opposite their respective signatures:
ORANGE COUNTY FLOOD CONTROL DISTRICT
A body corporate and politic
By
Chairman of the Board of Supervisors
COUNTY OF ORANGE
A body corporate and politic
Date: By
Chairman of the Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF THIS
AGREEMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Date: By
ROBIN STIELER
Clerk of the Board of Supervisors of
Orange County, California
APPROVED AS TO FORM COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By Julia Woo, Senior Deputy
Date:
///
///
///
Item: 12
328
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
20 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF ALISO VIEJO
Date: , 2002
ATTEST:
City Clerk
Item: 12
329
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
21 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF ANAHEIM
Date: , 2002
ATTEST:
City Clerk
Item: 12
330
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
22 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF BREA
Date: , 2002
ATTEST:
City Clerk
Item: 12
331
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
23 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF BUENA PARK
Date: , 2002
ATTEST:
City Clerk
Item: 12
332
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
24 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF COSTA MESA
Date: , 2002
ATTEST:
City Clerk
Item: 12
333
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
25 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF CYPRESS
Date: , 2002
ATTEST:
City Clerk
Item: 12
334
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
26 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF DANA POINT
Date: , 2002
ATTEST:
City Clerk
Item: 12
335
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
27 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF FOUNTAIN VALLEY
Date: , 2002
ATTEST:
City Clerk
Item: 12
336
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
28 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF FULLERTON
Date: , 2002
ATTEST:
City Clerk
Item: 12
337
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
29 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF GARDEN GROVE
Date: , 2002
ATTEST:
City Clerk
Item: 12
338
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
30 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF HUNTINGTON BEACH
Date: , 2002
ATTEST:
City Clerk
Item: 12
339
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
31 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF IRVINE
Date: , 2002
ATTEST:
City Clerk
Item: 12
340
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
32 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LA HABRA
Date: , 2002
ATTEST:
City Clerk
Item: 12
341
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
33 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LA PALMA
Date: , 2002
ATTEST:
City Clerk
Item: 12
342
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
34 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LAGUNA BEACH
Date: , 2002
ATTEST:
City Clerk
Item: 12
343
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
35 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LAGUNA HILLS
Date: , 2002
ATTEST:
City Clerk
Item: 12
344
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
36 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LAGUNA NIGUEL
Date: , 2002
ATTEST:
City Clerk
Item: 12
345
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
37 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LAGUNA WOODS
Date: , 2002
ATTEST:
City Clerk
Item: 12
346
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
38 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LAKE FOREST
Date: , 2002
ATTEST:
City Clerk
Item: 12
347
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
39 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF LOS ALAMITOS
Date: , 2002
ATTEST:
City Clerk
Item: 12
348
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
40 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF MISSION VIEJO
Date: , 2002
ATTEST:
City Clerk
Item: 12
349
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
41 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF NEWPORT BEACH
Date: , 2002
ATTEST:
City Clerk
Item: 12
350
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
42 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF ORANGE
Date: , 2002
ATTEST:
City Clerk
Item: 12
351
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
43 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF PLACENTIA
Date: , 2002
ATTEST:
City Clerk
Item: 12
352
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
44 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF RANCHO SANTA MARGARITA
Date: , 2002
ATTEST:
City Clerk
Item: 12
353
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
45 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF SAN CLEMENTE
Date: , 2002
ATTEST:
City Clerk
Item: 12
354
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
46 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF SAN JUAN CAPISTRANO
Date: , 2002
ATTEST:
City Clerk
Item: 12
355
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
47 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF SANTA ANA
Date: , 2002
ATTEST:
City Clerk
Item: 12
356
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
48 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF SEAL BEACH
Date: , 2002
ATTEST:
City Clerk
Item: 12
357
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
49 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF STANTON
Date: , 2002
ATTEST:
City Clerk
Item: 12
358
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
50 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF TUSTIN
Date: , 2002
ATTEST:
City Clerk
Item: 12
359
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
51 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF VILLA PARK
Date: , 2002
ATTEST:
City Clerk
Item: 12
360
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
52 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF WESTMINSTER
Date: , 2002
ATTEST:
City Clerk
Item: 12
361
No Highlight = Original Agreement Language unchanged
Blue Highlight = Original Agreement Language updated to current requirements/program administration Yellow Highlight = New Text/New Administration Intent
53 By:
Mayor
APPROVED AS TO FORM:
City Attorney
CITY OF YORBA LINDA
Date: , 2002
ATTEST:
City Clerk
Item: 12
362
54 EXHIBIT A - 1
DRY LAND AREA DEDUCTED FROM JURISDICTIONS
Landfills Jurisdiction
Olinda
County
Santiago County
Prima Deschecha County
Bee Canyon County
Coyote Canyon County
State Parks
Bolsa Chica State Beach* Huntington Beach
Chino Hills State Park County
Corona Del Mar State Beach Newport Beach
Crystal Cove State Park** County
Doheny State Beach Dana Point
Huntington State Beach Huntington Beach
San Clemente State Beach San Clemente
Airports
Fullerton Fullerton
John Wayne County
Military facilities
Joint Forces Training Base - Los Alamitos Los Alamitos
Former MCAS Tustin*** Tustin
Seal Beach Naval Weapons Station**** Seal Beach
National Forests
Cleveland National Forest County
*Includes Bolsa Chica Ecological Preserve
**Includes Laguna Laurel Ecological Preserve
***Active military areas
****Includes Seal Beach National Wildlife Refuge
Item: 12
363
4 0
4 3
CITY COUNCIL AGENDA REPORT
MEETING DATE: 05/21/2026
DEPARTMENT: City Manager
SUBJECT:
CITY WORKFORCE VACANCIES, RECRUITMENT AND RETENTION
PRESENTATION (AB 2561)
RECOMMENDED ACTION(S):
Conduct a public hearing regarding AB 2561 to receive and file a presentation of the status of vacancies and recruitment and retention efforts at the City of Lake Forest.
EXECUTIVE SUMMARY:
Assembly Bill 2561, enacted in 2024, requires public agencies to address and publicly report on staffing vacancies, as well as recruitment and retention efforts.
As part of this requirement, agencies must also identify and discuss any hiring challenges, including those resulting from changes to policies, procedures, or recruitment practices.
The following public hearing includes a report on all City staffing vacancies, with data collected in the 2025 calendar year. Currently, the City has not identified any changes to policies, procedures, or recruitment activities that have created significant barriers to hiring.
Staff recommend the City Council conduct a public hearing to receive and file the presentation regarding the status of vacancies and recruitment and retention efforts during a public hearing to fulfill the annual requirement under this law.
BACKGROUND:
On September 22, 2024, Governor Gavin Newsom signed Assembly Bill 2561 (“AB 2561”) into law, amending the Meyers-Milias-Brown Act to enhance transparency and public accountability regarding local agency staffing levels. The legislation requires public agencies to present annual information on workforce vacancies, as well as recruitment and retention efforts, at a public hearing held prior to the adoption of the agency’s budget.
Item: 13
364
Additionally, agencies must provide data on authorized and filled positions, outline strategies to attract and retain qualified employees, and identify any challenges impacting hiring. This includes addressing barriers resulting from changes to policies, procedures, or recruitment practices, and providing an opportunity for employee bargaining units to offer input during the public hearing.
This requirement does not apply to the City, as it has no bargaining units.
DISCUSSION:
The following discussion includes a summary of the City’s staffing vacancies, recruitment efforts, and retention rate for review through a public hearing presentation.
Vacancies
Position vacancies arise for several reasons, including the approval of newly budgeted roles, internal promotions, and employee departures due to retirement, resignation, or termination. Throughout 2025, the City’s average vacancy rate was 5.9%. The vacancy rate is calculated monthly as the quantity of vacancies divided by the quantity of positions. All data collected is from the 2025 calendar year.
As of December 31, 2025, there were 73 authorized full-time positions. During calendar year 2025, ten (10) positions became vacant due to a range of factors, including voluntary separations, internal promotions, and retirements.
Table 1: 2025 Vacancy Data
Vacancy Reason # of Vacancies
Voluntary Separation 5
Internal Promotion 4
Newly Budgeted Position 1
Retirement 1
Total 11
Item: 13
365
Recruitment and Retention Efforts
Recruitment involves attracting and hiring the right talent, while retention focuses on keeping employees engaged, satisfied, and committed over the long term to maintain a healthy city workforce.
The median time to fill a full-time vacant position during the 2025 calendar year was 129 days. This timeframe was primarily influenced by recruitment efforts for the Code Enforcement Officer and Information Technology Analyst classifications, both of which required multiple recruitment cycles due to the specialized nature of the roles and a limited pool of qualified candidates.
During the year, 11 position vacancies were created, including one newly budgeted position. A total of 15 job postings were opened, and staff successfully filled 11 vacancies. The variance between job postings and filled positions is largely attributable to the need to re-open recruitment for the Code Enforcement Officer and Information Technology Analyst positions. Both classifications were recruited twice during the year and are currently in the process of being filled.
For 2025, the City’s retention rate was 93%, reflecting a strong ability to retain employees. The retention rate is calculated as the quantity of those employees who remained with the City through the end of 2025, divided by the quantity of City employees at the beginning of 2025.
Staff have not identified any necessary changes to policies, procedures, or recruitment activities that may present barriers to hiring.
Staff recommend the City Council conduct a public hearing to receive and file a presentation regarding the status of vacancies and recruitment and retention efforts during a public hearing to fulfill the annual requirement under this law.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
None.
Initiated By: Shelly Cisneros, Human Resources Manager
Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
Item: 13
366
CITY COUNCIL AGENDA REPORT
MEETING DATE: 05/21/2026
DEPARTMENT: Management Services
SUBJECT:
LAW ENFORCEMENT CONTRACT WITH THE COUNTY OF ORANGE FOR
FISCAL YEAR 2026-27
RECOMMENDED ACTION(S):
Approve and authorize the Mayor to sign the Agreement with County of Orange for Law Enforcement Services for Fiscal Year 2026-27.
EXECUTIVE SUMMARY:
The City of Lake Forest contracts with the Orange County Sheriff’s Department (“OCSD”) for law enforcement services. The proposed cost for the attached Fiscal Year 2026-27 Law Enforcement Agreement (“OCSD Agreement”) is $23,190,212, which is $451,321 or approximately 2% more than the current fiscal year (Attachment 1). This year-over-year increase is primarily due to the addition of one new patrol deputy and one new vehicle. The proposed OCSD Agreement includes a staffing plan that describes personnel and other resource allocations (Attachment 2).
Through proactive policing and partnership with the community, Lake Forest consistently has one of the lowest crime rates within Orange County. A historical record of “Part 1” crimes is described later in this report. Crime statistics are included in Attachment 3, which also documents the OCSD’s overall public safety efforts in Lake Forest in 2025. (Attachment 3).
OCSD management is currently in labor negotiations with bargaining units that represent sheriff’s deputies and other personnel. Once negotiations are finalized (likely during the first quarter of Fiscal Year 2026-27), staff may need to return to the City Council with an updated agreement that includes more compensation to accommodate potential wage increases for OCSD personnel.
Staff recommend the City Council approve the new one-year OCSD Agreement for Fiscal Year 2026-27. The 2025-2027 Operating Budget includes sufficient funding to cover the costs of the recommended action.
Item: 14
367
BACKGROUND:
When the City incorporated in 1991, the “contract city” service model was implemented for a variety of public services, including law enforcement.
Consequently, the City has a long-standing contractual relationship with OCSD, which also provides law enforcement services to other Orange County cities. The contract service model has been an effective and efficient model for service delivery and crime mitigation.
The City’s annual contract with OCSD includes salaries, benefits, and other associated overhead costs for the number of direct and shared positions required to support public safety and police operations within the City’s boundaries. Cities that contract with OCSD capitalize on the economies of scale associated with the sharing of certain facilities, vehicles, training, personnel, specialized policing units (i.e., Directed Enforcement Team, Behavioral Health Bureau, Special Weapons and Tactics, Major Accident Reconstruction Team, Mounted Unit, Air Support, K-9 Unit, Bomb Squad, and the Gang Enforcement Team) and other costs. Each year, as part of the City’s budget compilation process, staff review the proposed costs associated with these services and present an annual contract with OCSD to the City Council for consideration.
In 2025, the City published the results of the biannual Community Satisfaction Survey (“Survey”). According to the survey, more than 90% of residents noted that maintaining a low crime rate was of key importance and 82% of those residents were satisfied with the results. Since 2021, the Survey has consistently identified public safety as a primary concern for the community.
DISCUSSION:
Year in Review
The OCSD continues its partnership with the community to reduce and prevent crime in Lake Forest through various initiatives. Highlights from 2025 include:
An average call for service response time of 5:12 minutes for Part 1 calls. Over 4,700 service hours donated by the Sheriff’s Team of Active Retired Seniors (“STARS”) and an increase in the number of STARS recruited to serve the City.
Over 1,110 service hours donated through the Explorer Program, which provides young adults with leadership development, mentorship, and hands-on law enforcement experience. Volunteers assisted with traffic and Item: 14
368
event support, crime prevention outreach, and various administrative tasks.
Annual parking citations increased from 4,592 in 2024 to 9,914 in 2025, which represents an over 115% increase. This significant increase was in response to community concerns over parking issues impacting their neighborhoods and ensuring a clear path of travel for street sweeping services.
Deputy Zellers was honored at the 37 th annual Medal of Valor ceremony for his extraordinary bravery in response to an incident where he successfully rendered aid to a stabbing victim.
On November 22, 2025, Deputies Zeller and Bennett, along with K9 Badger, recovered a large amount of narcotics resulting from a traffic stop.
In total, the deputies seized 17 kilograms of cocaine before it made it into the community.
Deputy Antonio Ramirez has been named this year’s Deputy of the Year in recognition of his outstanding work ethic, diligence, and proactive approach to law enforcement. As a valued member of the Major Accident Investigation Team, Deputy Ramirez has played a critical role in promoting safer driving behaviors to protect residents, commuters, and visitors travelling through Lake Forest each day.
Traffic & Parking Enforcement Statistics
The recommended California State Office of Traffic Safety (“OTS”) Traffic Enforcement Index is between 25%-35%. This index is determined by dividing the number of hazardous violations by the number of fatal and injury collisions.
In 2025, the City‘s Traffic Enforcement Index was below that range at 14.9%.
There was an increase in the number of fatal traffic accidents from two to three from the prior year and the number of injury traffic accidents remained relatively the same, increasing from 149 to 151. A three-year comparison of traffic enforcement statistics is provided in Table 1 below.
Table 1: OTS Statistics
Incident Type 2023 2024 2025
Hazardous Moving Citation 2,144 1,691 2,302
Non-Hazardous Citation 1,584 1,342 1,894
Fatal Traffic Accidents 4 2 3
Injury Traffic Accidents 171 149 151
Item: 14
369
Table 1 reflects a significant increase (36%) in the issuance of hazardous moving citations. These citations are typically issued for speeding, reckless driving, and other driving behaviors that endanger the public and often contribute to traffic collision incidents. Traditionally, increasing hazardous moving citations is a key strategy in reducing injury accidents.
In 2025, 9,914 parking citations were issued by OCSD, supplemented by additional citations issued by the City’s parking enforcement officers.
This correlates to an over 115% increase in parking citation-related activity by OCSD relative to 2024.
Calls for Service
Calls for service include calls that were generated from dispatch and by the patrol deputies’ self-initiated observations. In 2025, there was a 2.3% increase in the volume of calls for service and a minimal increase of 0.3% in the average response time. Of these calls for services, those that are potential life-threatening incidents are identified as “Priority 1” calls. Table 2 below provides a three-year comparison of response times for all calls for service. More specific data on service calls and other operational services is available in Attachment 3.
Table 2: Calls for Service and Response Times
Metric 2023 2024 2025
Total Calls for
Service
28,211 29,255 29,946
Priority One Calls 451 371 351
Response Times
for Priority One
Calls
4:47 min 5:11 min 5:12 min
Reports of Crime and Crime Rates
The Uniform Crime Reporting (“UCR”) database, which includes the official record of Part 1 Crimes, is reported on a calendar year basis by the Federal Bureau of Investigation (“FBI”). Effective June 1, 2021, the OCSD began to report crime statistics via the National-Incident Based Reporting System (“NIBRS”). Often in the commission of criminal acts, suspects commit multiple crimes. Unlike UCR, NIBERS quantifies all crimes committed during a criminal incident, not just the most severe of the crimes committed. As a result, the new crime data published via the public portal of crime statistics is both more accurate and quantifies a greater volume of crimes.
Despite this technical change, Lake Forest remains one of the safest cities in all of Orange County in terms of Part 1 crime incidence. Part 1 crimes are Item: 14
370
considered the most serious offenses, and include homicide, rape, burglary, and auto theft. Graphic 1 below includes a table that describes the total volume of Part 1 crimes committed in Lake Forest since 2020. Graphic 1 also provides comparative trend lines that include the cities of San Clemente, Mission Viejo, and Laguna Niguel.
Graphic 1: Part 1 Crimes by City 2020-2024
On a per-capita basis (total volume of Part 1 crimes divided by 2020 Census population record), Lake Forest remains one of the safest cities in Orange County. Graphic 2 below illustrates Lake Forest’s per-capita Part 1 crimes compared to Orange County overall. Table 3 below provides a five-year trend of Part 1 crimes across many cities in Orange County that contract with OCSD for law enforcement services. Both Graphic 2 and Table 3 below demonstrate that Lake Forest remains a safe community relative to other cities in the region. In most of the cities used for comparison with Lake Forest Part 1 crime statistics, cities showed an increase in Part 1 crime incidence beginning in 2021. Staff believe this increase can, at least in part, be attributed to the OCSD’s switch from a previous crime reporting system to NIBERS effective June 1, 2021, which accounts for all Part 1 crimes committed during a single crime incident. 2020 2021 2022 2023 2024
Lake Forest 949 880 1017 958 849
San Clemente 962 854 1054 989 904
Mission Viejo 925 989 1201 1275 1158
Laguna Niguel 625 617 737 693 648
0 200
400
600
800
1000
1200
1400
Lake Forest San Clemente Mission Viejo Laguna Niguel
Item: 14
371
Graphic 2: Per Capita Part 1 Crime
Table 3: Part 1 Crimes by City (Per Capita)
City 2020 2021 2022 2023 2024 5 Yr Avg
Orange County 21.6 21.1 21.7 21.2 20.1 21.1
Laguna Hills 15.3 16.2 15.3 15.1 13.0 15.0
San Clemente 15 13.3 16.4 15.4 14.1 14.8
San Juan Cap 10.4 11.9 16 13.6 12.7 12.9
Mission Viejo 9.9 10.6 12.8 13.6 12.4 11.9
Lake Forest 11.1 10.2 11.8 11.2 9.9 10.8
Laguna Niguel 9.7 9.6 11.5 10.8 10.0 10.3
Laguna Woods 9.6 6.2 5.5 6.0 9.0 7.3
Rancho SM 6.3 5.6 5 4.6 5.8 5.5
Proposed Fiscal Year 2026-27 Agreement
On an annual basis, OCSD prepares an estimate of potential costs that initiates the development of annual contracts with various cities. This process is purposefully iterative. OCSD works closely with contract cities and presents subsequent estimates of potential costs based on its operations, desired service levels, and other general feedback from the community. As part of the process, contract city representatives and OCSD discuss ongoing needs related to public safety and cost-sharing/saving measures that provide sufficient funding for the desired level of services.
This year, the estimate provided by OCSD (Attachment 2) is $23,190,212, which represents a $451,321 or 1.98% increase over current fiscal year costs. This year-over-year increase is primarily due to the addition of one new patrol deputy and one new vehicle, plus cost escalation for various recurring equipment fees.
Relative to the previous fiscal year, the 2026-27 direct and indirect labor-related costs for OCSD will increase by $104,614, while other charges (equipment Item: 14
372
charges, services and supplies, facility lease, Mobile Data Computer recurring fees, etc.) comprise the remaining $346,707 of the cost increase.
Notably, per position personnel costs are actually lower for FY 2026-27 compared to FY 2025-26, which is atypical. This stems from lower pension costs than in previous years. This can be attributed to a greater percentage of OCSD personnel falling under the less expensive “PEPRA” category in the CalPERS system than in prior years. PEPRA personnel have a higher minimum retirement age than classic PERS personnel. As a result, OCSD is able to spread the average pension costs for these staff over a larger number of years. This has the effect of lowering pension costs that are paid on an annual basis, with the City realizing some of these cost savings.
The 2026-27 OCSD Agreement includes a few notable changes. These changes are:
The addition of one new patrol deputy, bringing the total sworn officer count from 47 to 48.
The addition of one Class A Vehicle.
Addition of response time goals into the Scope of Work.
The 2026-27 OCSD Agreement also includes changes to the indemnification provisions of the contract. Overall, the 2026-27 OCSD Agreement includes the intent of mutual indemnification that existed in previous versions of this contract.
However, the 2026-27 OCSD Agreement replaces the specific list of instances in which the City would need to indemnify the OCSD with more broad language.
The City Attorney has reviewed these changes and has determined that the new indemnity provisions in the proposed 2026-27 OCSD Agreement do not significantly expose the City to more risk relative to the indemnity language in previous iterations of this contract. The California Joint Purchasing Insurance Authority (the City’s liability insurance carrier) also reviewed the new indemnity provisions in the 2026-27 OCSD Agreement and largely concurred with the City Attorney’s determination.
OCSD management is currently in labor negotiations with bargaining units that represent sheriff’s deputies and other personnel. Once negotiations are finalized (likely during the first quarter of Fiscal Year 2026-27), staff may need to return to the City Council with an updated agreement that includes more compensation to accommodate potential wage increases for OCSD personnel.
Staff recommend the City Council approve the attached OCSD Agreement and Item: 14
373
authorize the Mayor to sign the document (Attachment 1). The 2025-2027 Operating Budget includes sufficient funding to cover the costs of the recommended action.
FISCAL IMPACT:
The cost for the proposed Fiscal Year 2026-27 Law Enforcement Agreement is $23,190,212. The 2025-2027 Operating Budget includes sufficient funding to cover the costs of the recommended action.
ATTACHMENTS:
1. Proposed FY 2026-27 OCSD Agreement
2. Proposed FY 2026-27 OCSD Staffing Plan
3. Lake Forest Police Services 2025 Annual Report
Initiated By: Robert Bauman, Senior Management Analyst
Submitted By: Sean McGovern, Deputy City Manager
Approved By: Debra Rose, City Manager
Item: 14
374
ATTACHMENT 1
Item: 14
375
CONTRACT
With
City of Lake Forest
For
Law Enforcement Services
This Contract for Law Enforcement Services, (hereinafter referred to as “Contract”) is made and entered into as of the date fully executed by and between the County of Orange, a political subdivision of the State of California (hereinafter referred to as “County,”) on behalf of Orange County Sheriff’s Department, (“Sheriff”), and the City of Lake Forest, (hereinafter referred to as “City,”) with County and City sometimes individually referred to as “Party”, or collectively referred to as “Parties”
ATTACHMENTS
This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract:
Attachment A – Scope of Work
Attachment B – Payment Provisions
Attachment C – Level of Service
Attachment D – City Ordinances
Attachment E – TVAP Resolution
Attachment F – TVAP Form
Attachment G – Forfeited and Seized Asset Policy
RECITALS
WHEREAS, City wishes to contract with County for law enforcement services; and
WHEREAS, County is agreeable to the rendering of su ch services, as authorized in Government Code sections 51301, 54981, and 55632, on the terms and conditions hereinafter set forth,
NOW, THEREFORE, the Parties mutually agree as follows:
ARTICLES
General Terms and Conditions:
A. Term of Contract: This Contract shall commence July 1, 2026 and terminate June 30, 2027 unless earlier terminated by either Party or extended in the manner set forth herein.
B. Termination: County and City may terminate this Contra ct, without cause, upon one-hundred and eighty (180) days written notice to the other Party.
If the County and City have not entered into a written Contract for further law enforcement services thirty (30) days before this Contract terminates, then the County and City may execute an amendment that provides as follows and does not materially alter other terms of the Contract: County shall continue to provide to City all, or a designated part, of the law enforcement services specified herein, for sixty (60) days following the termination date of this Contract, and City shall pay County the full costs of providing such services. Such full costs may be greater than those listed herein.
C. Entire Contract: This Contract contains the entire Contract between the parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein.
D. Amendments: Unless expressly provided for in this Contract, no alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties; no oral understanding or Contract not Item: 14
376
County of Orange
Sheriff Coroner Department
Lake Forest Law Enforcement Services Page 2 of 3
incorporated herein shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on either Party unless authorized in writing.
E. Severability: If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
F. Headings: Headings used throughout this Contract are for convenience only and shall not affect the meaning or interpretation of any provisions of this Contract.
G. Independent Contractor: County is and at all times shall be deemed to be, an independent contractor. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between City and County or any of County’s agents or employees. County and its Sheriff shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of services by County pursuant to th is Contract. County, its agents and employees, shall not be entitled to any rights or privileges of City employees and shall not be considered in any manner to be City employees.
H. Indemnification: City agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees, agents and agencies with County’s Board of Supervisors acts as the governing Board (“County Indemnitees”) harmless from any claims, demands or liability of any kind or nature, including but not limited to injury to or death of persons, or property damage, arising from or related to allegations based on acts or omissions of City related to this Contract.
County agrees to indemnify, defend with counsel approved in writing by City, and hold City and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors harmless from any claims, demands or liability of any kind or nature, including but not limited to injury to or death of persons, or property damage, arising from or related to allegations based on acts or omissions of County related to this Contract. County Indemnitees shall not be deemed to have assumed any liability for any dangerous or defective condition on any public street, work, or property of the City and for any illegality of City’s municipal ordinances.
If judgement is entered against City and County by a court of competent jurisdiction because of the concurrent active negligence of County or County Indemnitees, C ity and County agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment.
I. State Audit: Pursuant to Government Code Section 8546.7, City and County shall be subject to examination and audit by the State Auditor for a period of three ye ars after final payment by City to County under this Contract. City and County shall reta in all records relating to the performance of this Contract for said three- year period, except that those records pertaining to any a udit then in progress, or to any claims or litigation, shall be retained beyond said three-year period until final resolution of said audit, claim or litigation.
J. Notices: Termination notices shall be effective when written and deposited in the United States mail, certified, return receipt requested and addressed as below. All other notices authorized or required by this Contract shall be effective when written and deposited in the United States mail, first class postage prepaid and addressed as follows:
CITY: ATTN: CITY MANAGER
CITY OF LAKE FOREST
100 CIVIC CENTER DRIVE
LAKE FOREST, CA 92630
COUNTY: ATTN: LAW ENFORCEMENT CONTRACT MANAGER
SHERIFF-CORONER DEPARTMENT
320 NORTH FLOWER STREET, SUITE 108
SANTA ANA, CA 92703
-Signature Page to Follow-
Item: 14
377
County of Orange
Sheriff Coroner Department
Lake Forest Law Enforcement Services Page 3 of 3
IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the dates opposite their respective signatures:
City: Lake Forest
By: Title: Mayor
Print Name: Date:
A
ttest:
City Clerk
A
pproved as to Form
By: ____________________
City Attorney
County:
By: Title: Chair of the Board of Supervisors
Print Name: Date:
Signed
and certified that a copy of this Contract has been delivered to the Chair of the Board Per Government Code section 25103; Resolution 79-1535.
Attest:
Robin Stieler
Clerk of the Board
County of Orange, California
Approved as to Form
Office of the County Counsel
Orange County, California
By: ____________________
Deputy
Item: 14
378
County of Orange
Sheriff Coroner Department
Law Enforcement Services Page 1 of 5
ATTACHMENT A
SCOPE OF WORK
A. Regular Services By County:
1. Sheriff shall render to City law enforcement services as hereinafter provided. Such services shall include the enforcement of lawful State statutes and lawful municipal ordinances of City, other than licensing ordinances.
2. The night, day and evening patrol and supervisory shif ts will be established by Sheriff. Personnel of each shift may work varying and different time s and may be deployed to other shifts when, in the opinion of Sheriff and City Manager, the need arises. Any long-term shift deploy ment change will be reported to the City Council.
3. The level of service, other than for lice nsing, to be provided by the County for this Con tract is set forth in Attachment C.
4. The Sheriff will provide a slate of can didates who are eligible for the rank of Captain with the Sheriff from which the City Manager may select a Police Services Chief. The Police Services Chief will be the on-side department head for the city and will attend City Council, staff and community meetings at the discretion of the City Manager.
5. Patrol Performance Goals shall be as follows:
• Response to Priority One Calls: 5 minutes
• Response to Priority Two Calls: 12 minutes
• Response to Priority Three Calls: 20 minutes
The Police Services Chief will report to the City Manager regarding City Police Services personnel’s performance in meeting these goals. In the event of a major incident outsi de the boundaries of City, adequate law enforcement personnel will remain in City to respond to Priority One and Priority Two calls for service.
6. For any service that is provided to City at less than 100% of a full-time Sher iff position, County retains the option to terminate such service in the event the other City or cities that contract(s) for the balance of the time of the employee providing the service no longer pay(s) for such service and City does not request the Contract be amended to pay 100% of the cost of the employee providing such service. The Maximum Obligation of City will be adjusted accordingly.
7. All services contracted for in this Contract may not be operational on the precis e date specified in this Contract. In those instances, Sheriff shal l notify City Manager of the date or dates such service or services are to be implemented. If the City pays for a service before its implementation, the County shall provide a credit, based on the vacancy credit rates calculated for that fiscal year, in the City’s final invoice of that fiscal year.
8. During emergencies, such as mutual aid situations, Sher iff will attempt to leave in City the Captain in charge of City Police Services. If Sheriff determines that the Captain is needed elsewhere, Sheriff will notify City’s Manager within four hours. Sheriff will return th e Captain to City as soon as possi ble once the emergency situation is under control.
9. Sheriff shall receive applications for City licenses purs uant to the City’s ordinances in Attachment D and complete investigations relating to such applications. Said inve stigations shall be forwarded to City Manager who is responsible for the disposition of the application and notification to the ap plicant. County shall not provide any advisory, administrative, hearing or lit igation attorney support or services rela ted to licensing. County shall not provide any administrative or investigatory services related to the licensing ordinances, except the investigations relating to initial applications for which this subsection provides.
10. With the limitations set forth below, Sheriff, on behalf of County, is authorized to execute written amendments to this Contract to increa se or decrease the level of service, when Sheriff and City mutually agree that such increase or decrease in the level of service is appropriate. Any such amen dment to the Contract shall concomitantly increase or decrease the cost of services payable by City. Sheriff and appropriate City personnel shall file copies of any such amendments to this Contract with the Clerk of County’s Board of Supervisors and City’s Clerk. Except for costs related to Employee Bargaining ha s defined herein, changes to this Contract executed by Item: 14
379
County of Orange
Sheriff Coroner Department
Law Enforcement Services Page 2 of 5
Sheriff and City Manager may not, in the aggregate, increase or decrease the cost of services payable by City by more than one percent (1%) of the Maximum Obligation.
B. Enhanced And Supplemental Services By County:
1. Enhanced services for events on City property. At the request of City, through its City Manager, Sheriff may provide enhanced law enforcement servi ces for functions, such as community ev ents, conducted on property that is owned, leased or operated by City. Sheriff shall determine pe rsonnel and equipment needed for such enhanced services. City shall reimburse County for such additional se rvices, at an amount computed by Sheriff, based on the current year’s County law enforcement cost study. The cost of these enhanced services shall be in addition to the Maximum Obligation of City. Sheriff shall b ill City immediately after each such event.
2. Supplemental services for occasional ev ents operated by private indivi duals and entities on non-City property. At the request of City, through its City Manager, Sheriff may provide supplemental law enforcement services to preserve the peace at special events or occurrences that occur on an occasional basis and are operated by private individuals or private entities on non-City property. Sheriff shall determine personnel and equipment needed for such supplemental services, and will provide such suppleme ntal services only if Sheriff is able to do so without reducing the normal and regular ongoin g services that Sheriff otherwise would provide to City pursuant to this Contract. Such supplemental services shall be provided only by regularly appointed full-time peace officers, at rates of pay governed by a Memorandum of Understanding between County and th e bargaining unit(s) representing the peace officers providing the services. Such supplemen tal services shall include only law enforcement duties and shall not include services authorized to be provided by a private patrol operat or, as defined in Section 7582.1 of the Business and Professions Code. Law enforcement support fu nctions, including, but not limited to, clerical functions and forensic science services, may be performed by non-peace officer personnel if the services do not involve patrol or keeping the peace and are incidental to the provision of law enforcement services. City shall reimburse County its full, actual costs of providing such su pplemental services at an amount compu ted by Sheriff, based on the current year’s County law enforcement cost st udy. The cost of these supplemental services shall be in addition to the Maximum Obligation of City. Sheriff shall b ill City immediately after each such event.
3. Supplemental services for events operat ed by public entities on non-City property. At the request of City, through its City Manager, Sheriff may provide supplemental law enforcement services to preserve the peace at special events or occurrences that occur on an occasional basis and are operated by public entit ies on non-City property.
Sheriff shall determine personnel and equipment needed fo r such supplemental services, and will provide such supplemental services only if Sheriff is able to do so without reducing services that Sheriff otherwise would provide to City pursuant to this Contract. City shall reimburse Cou nty its full, actual costs of providing such supplemental services at an amount computed by Sheriff, based on the current year's County law enforcement cost study. The cost of these supplemental services shall be in addition to the Maximum Obligation of City. Sheriff shall bill City immediately after each such event.
4. Notwithstanding the foregoing, City, through its permit process, may utilize the services of Sheriff at events, for which City issues permits, that are operated by priv ate individuals or entities or public entities. Sheriff shall determine personnel and equipment needed for said events. If said events are in addition to the level of services listed in this Contract, City shall reimburse County for such additional services at an amount computed by Sheriff, based upon the current year’s County law enfo rcement cost study. The cost of thes e services shall be in addition to the Maximum Obligation of City. Sheriff shall bill City immediately after said services are rendered.
5. In accordance with Government Code Section 51350, County has adopted Board Resolution 89-1160 which identifies Countywide services, including but not limited to helicopter response. Sheriff through this contract provides enhanced helicopter response services. The cost of enhanced helicopter response services is included in the Maximum Obligation of City. County shall not charge any additional amounts for enhanced helicopter services without written notification to the City.
C. Body Worn Camera And In Car Video:
1. As part of the law enforcement serv ices to be provided to City, County has provide d, or will provide, body worn cameras (hereinafter called “BWC”) that will be worn by Sheriff’s personnel and In Car Video (hereinafter called “ICV”) that will be mounted in vehicles designated by Sheriff for use within City service area.
2. Sheriff has the exclusive right to use said BWC and ICV for law enforcement services related to this Contract.
Item: 14
380
County of Orange
Sheriff Coroner Department
Law Enforcement Services Page 3 of 5
3. City shall pay County the full costs to County of a) the acquisition of BWC and the acquisition and installation of ICV, and b) recurring costs, as deemed necessary by County, including the costs of maintenance and contributions to a fund for replacement and upgrade of such BWC and ICV when they become functionally or technologically obsolete. The costs to be paid by C ity for recurring costs, including maintenance and replacement/upgrade of BWC and ICV, are included in the costs set forth in the Maximu m Obligation of City, unless C ity has already paid such costs.
4. If, following the initial acquisition of BWC and ICV refere nced above, City requires BWC and ICV for additional Sheriff’s personnel or vehicles designated for use in the City service area, County will purchase said additional BWC and ICV. Upon demand by County, City will pay to County a) the full costs of acquisition of additional BWC and the full cost of acquisition and installation of additional ICV, and b) the full recurring costs for said BWC and ICV, as deemed necessary by County, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such BWC and ICV when they become functionally or technologically obsolete. Said costs related to additional BWC and ICV are not included in, and are in addition to, the costs set forth in the Maximum Obligation.
5. County will replace and/or upgrade BWC and ICV as n eeded. The costs of replacing/upgrading BWC and ICV shall be paid by County from the replacement/upgrade funds to be paid by City in accordance with the foregoing.
City shall not be charged any additional charge to replace or upgrade BWC and ICV.
D. Traffic Violator Apprehension Program:
1. County has established a Traffic Violator Apprehensi on Program (“the Program”), which is operated by Sheriff, and is designed to reduce vehicle accidents cau sed by unlicensed drivers and drivers whose licenses are suspended and to educate the public about the requirements of the Vehicle Code and related safety issues with regard to driver licensing, vehicle registration, vehicle operation, and vehicle parking. The Program operates throughout the unincorporated areas of the County and in the cities that contract with County for Sheriff’s law enforcement services, without regard to jurisdictional boundaries, because an area-wide approach to reduction of traffic accidents and driver education is most effective in preventing traffic accidents. In order for City to participate in the Program, City has adopted fees pursuant to Vehicle Code S ection 22850.5, in the same amount as ap proved by County, as set forth in the resolution that is Attachment E (hereinafter called a “TVAP resolution”), and has directed that the revenue from such fee be used for the Program. City ’s participation in the Program may be terminated at any time by rescission or amendment of its TVAP resolution. In the event City 1) amends said TVAP resolution, or rescinds said TVAP resolution and adopts a new TVAP resolution pertaining to the above-referenced fees and the Program, and 2) remains a participant in the Program thereafter, City’s Manager, on behalf of City, and Sheriff, on behalf of County, have authority to execute an amendment of this Contract to substitute City’s amended or new TVAP resolution for Attachment E to the Contract, as long as said amendment to this Contract does not materially change any other provision of this Contract. As County updates its fees for the Program periodically, County will provide written notice to City of the updated fees. City’s participation in the Program will terminate if City determines not to adopt the updated fees for the Program.
2. County will make available for review, at the request of City, all financial data related to the Program as may be requested by City.
3. Fee revenue generated by County and participating cities will be used to fund the following positions, which will be assigned to the Program:
• Ten one hundredths of one (0.10) Sergeant
(8 hours per two-week pay period)
•
One (1) Staff Specialist
(80 hours per two-week pay period)
• One (1) Office Specialist
(80 hours per two-week pay period)
4. Fee revenue generated by City may be used to reimburse City for expenditures for equipment and/or supplies directly in support of the Program. In order for an expenditure for equipm ent and/or supplies to be eligible for Item: 14
381
County of Orange
Sheriff Coroner Department
Law Enforcement Services Page 4 of 5
reimbursement, City shall submit a request for and obtain pre-approval of the expenditure by using the form as shown in Attachment F.
The request shall be submitted within the budget schedule established by Sheriff. Sheriff shall approve the expenditure only if both of the following conditions are satisfied: 1) there ar e sufficient Program funds, attributable to revenue generated by City’s fee, to pay for the requ ested purchase, and 2) City will use the equipment and/or supplies, during their entire useful lif e, only for purposes authorized by its T VAP resolution in effect at the time of purchase.
In the event that City terminates its participation in the Prog ram, City agrees that the equipment purchased by City and reimbursed by Program funds will continue to be used, during the remainder of its useful life, exclusively for the purposes authorized by City’s TVAP resolution in effect at the time of purchase.
5. In the event the fees adopted by County, City and other participating jurisdictions are not adequate to continue operation of the Program at the level at which it operated pr eviously, County, at the op tion of City, will reduce the level of Program service to be provided to City or will continue to provid e the existing level of Program services.
County will charge City the cost of any Program operations that exceed the revenue generated by fees. Such charges shall be in addition to the Maximum Obligation of City. The amount of any revenue shortfall charged to City will be determined, at the time the revenue shortfall is experienced, according to City’s share of Program services rendered.
In the event of a reduction in level of Program service, ter mination of Program service or adjustment of costs, the parties shall execute an amendment to this Contract so providing. Decisions about how to reduce the level of Program service provided to City shall be made by Sheriff with the approval of City.
E. Mobile Data Computers:
1. As part of the law enforcement services to be provided to City, County has provided, or will provide, mobile data computers (hereinafter called “MDCs”) that are or w ill be mounted in patrol vehicles and motorcycles, designated by County for use within City limits.
2. Sheriff has the exclusive right to use said MDCs for law enforcement services related to this Contract.
3. City shall pay County the full costs to County of a) th e acquisition and installation of MDCs that are or will be mounted in patrol vehicles and motorcycles assigned to City, and b) recurring costs, as deemed necessary by County, including the costs of maintenance and contributions to a fund for replacement and upgrade of such MDCs when they become functionally or technologically obsolete.
The costs to be paid by City for recurring costs, in cluding maintenance and replacement/upgrade of MDCs, are included in the costs set forth in the Maximum Obligation of City unless City has already paid such costs.
4. If, following the initial acquisition of MDCs referenced above, City requires MDCs for additional patrol cars or motorcycles designated for use in City, or for City’s Emergency Operations Center, County will purchase said additional MDCs. Upon demand by County, City will pay to County a) the fu ll costs of acquisition and installation of said additional MDCs, and b) the full recurring cost s for said MDCs, as deemed necessary by County, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such MDCs when they become functionally or technologically obsolete. Said costs related to additional MDCs are not included in, and are in addition to, the costs set forth in the Maximum Obligation of City.
5. County will replace and/or upgrade MDCs as needed. Th e costs of replacing/upgrading MDCs shall be paid by County from the replacement/u pgrade funds to be paid by City in acc ordance with the foregoing. City shall not be charged any additional charge to replace or upgrade MDCs.
F. E-Citation Units:
1. As part of the law enforcement services to be provid ed to City, County has prov ided, or will provide, E- Citation units designated by County for use within City limits.
2. Sheriff has the exclusive right to use said E-Citatio n units for law enforcement services related to this Contract.
3. City shall pay County the full costs to County of a) the acquisition of E-C itation units that are assigned to City, and b) recurring costs, as deemed necessary by County, including the costs of maintenance and contributions to a fund for replacement and upgrade of such E-Citation units when they become functionally or technologically obsolete.
Item: 14
382
County of Orange
Sheriff Coroner Department
Law Enforcement Services Page 5 of 5
The costs to be paid by City for recurring costs, including maintenance and replacement/upgrade of E-Citation units, are included in the costs set forth in the Maximum Obligation of City unless City has already paid such costs.
4. If, following the initial acquisition of E- Citation units referenced above, City requires additional E-Citation units designated for use in City, Cou nty will purchase said additional E-Citation units. Upon demand by County, City will pay to County a) the full cost s of acquisition of said additional E-C itation units, and b) the full recurring costs for said E-Citation units, as deemed necessary by County, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such E-Citation units when they become functionally or technologically obsolete. Said costs related to additional E-Citation units are not included in, and are in addition to, the costs set forth in the Maximum Obligation of City.
5. County will replace and/or upgrade E-Citation units as needed. The costs of replacing/upgrading E-Citation units shall be paid by County from the replacement/upgrade funds to be paid by City in accordance with the foregoing.
City shall not be charged any additional charge to replace or upgrade E-Citation units.
G. Equipment:
1. As part of the law enforcement services to be provided to City, County shall purchase motorcycles and radios that meet certain law enforcement standards as determined by the County (hereinafter “Equipment”).
2. City shall pay County the full costs to County of a) the acquisition of Equipment, b) recurring costs, c) the costs of maintenance, and d) replacement and upgrade of such Equipment when they become functionally or technologically obsolete, as deemed necessary by County. The costs to be paid by City are included in the costs set forth in the Maximum Obligation of City.
3. The Equipment purchased by the County for services to the City shall be the property of the County.
4. Radios and motorcycles previously purchased by the C ity for County law enforcemen t services to the City shall be the property of and maintained by the City. Notwithstanding the Indemnification provisions of this Contract, County shall be responsible to City for any damage to City radios and motorcycles caused by County’s act or omission.
H. City Office Space
1. In consideration of the promises contained herein, City hereby grants to County rent-free use of office space, office furniture, and office equipment and supplies located in City Hall or other City building for the provision of services under this Contract (hereinafter “Police Station”). Said office space, fu rniture and equipment and supplies shall be used solely by personnel of City and County, while performing their assigned duties related to services under this Contract. City and County shall mutually agree on the precise location, size and type of said office space, office furniture and office equipment supplies. City shall supply all repair, maintenance and janitorial supplies and services to the Police Station and shall be responsible for all charges for utilities supplied to said premises.
2. City and Sheriff agree to staff the Police Station and remain accessible to the public during normal business hours. Sheriff personnel who are regularly deployed to deliver services to adjacent unincorporated areas may operate in and out of the Police Station as a regular duty station.
3. City shall be responsible for the cost of fuel used for services in this Contract. City may: 1) provide fuel via the City’s fuel pumps or 2) otherwise pay the County for the provision of fuel in a manner that is acceptable to both Parties. For motorcycles, the City shall pay the County for the provision of fuel in a manner that is acceptable to both Parties. For all other vehicles, City and County shall mu tually agree on which method shall be utilized. Limited reimbursement of such costs is included in the costs set forth in Attachment B.
4. Persons detained in City will be booked into the Sheriff Intake-Release Center. Persons will not be booked or housed at the Police Station.
5. Fingerprinting and copying services will be performed by Sheriff employees located at the Police Station.
Item: 14
383
County of Orange
Sheriff Coroner Department