Los Alamitos City Council
February 21, 2023

DocuSign Envelope ID: 6DA998A8- 8F97- 4877- 8AC7- 4D2B 1724BD47 CALIFORNIA TEAMSTERS 911 EXHIBIT A2

SALARY SCHEDULE
EFFECTIVE NOVEMBER 6, 2022

CODE CLASSIFICATION TITLE TIER STEP A STEP B STEP C STEP D STEP E 170 Assistant Planner 1 HOURLY 30. 50 32. 03 33. 62 35. 31 37. 07 175 Code Enforcement Officer MONTHLY 5, 286. 67 5, 551. 87 5, 827. 47 6, 120. 40 6, 425. 47 ANNUAL 63, 440. 00 66, 622. 40 69, 929. 60 73, 444. 80 77, 105. 60 2 HOURLY 29. 75 31. 23 32. 79 34. 44 36. 18
MONTHLY 5, 156. 67 5, 413. 20 5, 683. 60 5, 969. 60 6, 271. 20 ANNUAL 61, 880. 00 64, 958. 40 68, 203. 20 71, 635. 20 75, 254. 40 3 HOURLY 29. 02 30. 49 32. 00 33. 60 35. 29
MONTHLY 5, 030. 13 5, 284. 93 5, 546. 67 5, 824. 00 6, 116. 93 ANNUAL 60, 361. 60 63, 419. 20 66, 560. 00 69, 888. 00 73, 403. 20 180 Maintenance Foreman 1 HOURLY 30. 76 32. 30 33. 92 35. 60 37. 39 185 Master Mechanic MONTHLY 5, 331. 73 5, 598. 67 5, 879. 47 6, 170. 67 6, 480. 93 ANNUAL 63, 980. 80 67, 184. 00 70, 553. 60 74, 048. 00 77, 771. 20 2 HOURLY 30. 00 31. 50 33. 10 34. 74 36. 48
MONTHLY 5, 200. 00 5, 460. 00 5, 737. 33 6, 021. 60 6, 323. 20 ANNUAL 62, 400. 00 65, 520. 00 68, 848. 00 72, 259. 20 75, 878. 40 3 HOURLY 29. 28 30. 75 32. 26 33. 89 35. 57
MONTHLY 5, 075. 20 5, 330. 00 5, 591. 73 5, 874. 27 6, 165. 47 ANNUAL 60, 902. 40 63, 960. 00 67, 100. 80 70, 491. 20 73, 985. 60 205 Lead Foreman 1 HOURLY 32. 76 34. 40 36. 13 37. 93 39. 82 MONTHLY 5, 678. 40 5, 962. 67 6, 262. 53 6, 574. 53 6, 902. 13 ANNUAL 68, 140. 80 71, 552. 00 75, 150. 40 78, 894. 40 82, 825. 60 2 HOURLY 31. 97 33. 57 35. 25 37. 02 38. 86
MONTHLY 5, 541. 47 5, 818. 80 6, 110. 00 6,416. 80 6, 735. 73 ANNUAL 66, 497. 60 69, 825. 60 73, 320. 00 77, 001. 60 80, 828. 80 3 HOURLY 31. 19 32. 74 34. 38 36. 11 37. 91
MONTHLY 5, 406. 27 5, 674. 93 5, 959. 20 6, 259. 07 6, 571. 07 ANNUAL 64, 875. 20 68,099. 20 71, 510. 40 75, 108. 80 78, 852. 80 210 Accountant 1 HOURLY 34. 71 36. 45 38. 27 40. 17 42. 18 MONTHLY 6, 016. 40 6, 318. 00 6, 633. 47 6, 962. 80 7, 311. 20 ANNUAL 72, 196. 80 75, 816. 00 79, 601. 60 83, 553. 60 87, 734. 40 2 HOURLY 33. 87 35. 55 37. 33 39. 19 41. 15
MONTHLY 5, 870. 80 6, 162. 00 6, 470. 53 6, 792. 93 7, 132. 67 ANNUAL 70, 449. 60 73, 944. 00 77, 646. 40 81, 515. 20 85, 592. 00 3 HOURLY 33. 05 34. 69 36. 40 38. 24 40. 15
MONTHLY 5, 728. 67 6, 012. 93 6, 309. 33 6, 628. 27 6, 959. 33 ANNUAL 68, 744. 00 72, 155. 20 75, 712. 00 79, 539. 20 83, 512. 00 195 Associate Planner 1 HOURLY 34. 38 36. 11 37. 89 39. 81 41. 77 MONTHLY 5, 959. 20 6, 259. 07 6, 567. 60 6,900. 40 7, 240. 13 ANNUAL 71, 510. 40 75, 108. 80 78, 811. 20 82, 804. 80 86, 881. 60 2 HOURLY 33. 96 35. 65 37. 44 39. 30 41. 28
MONTHLY 5, 886. 40 6, 179. 33 6, 489. 60 6, 812. 00 7, 155. 20 ANNUAL 70, 636. 80 74, 152. 00 77, 875. 20 81, 744. 00 85, 862. 40 3 HOURLY 33. 13 34. 78 36. 52 38. 34 40. 28
MONTHLY 5, 742. 53 6, 028. 53 6, 330. 13 6, 645. 60 6, 981. 87 ANNUAL 68, 910. 40 72, 342. 40 75, 961. 60 79, 747. 20 83, 782. 40

DocuSign Envelope ID: 6DA998A8- 8F97- 4877- 8AC7- 4D2B1724BD47 CALIFORNIA TEAMSTERS 911 EXHIBIT A2

SALARY SCHEDULE
EFFECTIVE NOVEMBER 6, 2022

CODE CLASSIFICATION TITLE TIER STEP A STEP B STEP C STEP D STEP E 220 Management Analyst 1 HOURLY 39.05 40. 99 43. 04 45. 20 47.45 MONTHLY 6, 768. 67 7, 104. 93 7, 460. 27 7, 834. 67 8, 224. 67 ANNUAL 81, 224. 00 85, 259. 20 89, 523. 20 94, 016. 00 98, 696. 00 2 HOURLY 38. 09 39. 99 41. 99 44. 08 46. 31
MONTHLY 6, 602. 27 6, 931. 60 7, 278. 27 7, 640. 53 8, 027. 07 ANNUAL 79, 227. 20 83, 179. 20 87, 339. 20 91, 686. 40 96, 324. 80 3 HOURLY 37. 16 39. 02 40. 96 43. 01 45. 17
MONTHLY 6, 441. 07 6, 763. 47 7, 099. 73 7, 455. 07 7, 829. 47 ANNUAL 77, 292. 80 81, 161. 60 85, 196. 80 89, 460. 80 93, 953. 60I

DocuSign Envelope ID: 6DA998A8- 8F97- 4877- 8AC7- 4D2B1724BD47 CALIFORNIA TEAMSTERS 911 EXHIBIT A3

SALARY SCHEDULE
EFFECTIVE NOVEMBER 5, 2023

CODE CLASSIFICATION TITLE TIER STEP A STEP B STEP C STEP D STEP E 110 Receptionist 1 HOURLY 18. 50 19. 42 20. 41 21. 41 22. 48 MONTHLY 3, 206. 67 3, 366. 13 3, 537. 73 3, 711. 07 3, 896. 53 ANNUAL 38, 480. 00 40, 393. 60 42, 452. 80 44, 532. 80 46, 758. 40 2 HOURLY 18. 04 18. 95 19. 91 20. 88 21. 93
MONTHLY 3, 126. 93 3, 284. 67 3, 451. 07 3, 619. 20 3, 801. 20 ANNUAL 37, 523. 20 39, 416.00 41, 412. 80 43, 430. 40 45, 614. 40 3 HOURLY 17. 61 18. 49 19. 41 20. 40 21. 40
MONTHLY 3, 052. 40 3, 204. 93 3, 364. 40 3, 536. 00 3, 709. 33 ANNUAL 36, 628. 80 38, 459. 20 40, 372. 80 42, 432. 00 44, 512. 00 120 Records Clerk 1 HOURLY 21. 72 22. 81 23. 95 25. 14 26. 42 MONTHLY 3, 764. 80 3, 953. 73 4, 151. 33 4, 357. 60 4, 579. 47 ANNUAL 45, 177. 60 47, 444. 80 49, 816. 00 52, 291. 20 54, 953. 60 2 HOURLY 21. 21 22. 26 23. 38 24. 53 25. 76
MONTHLY 3, 676. 40 3, 858. 40 4,052. 53 4, 251. 87 4,465. 07 ANNUAL 44, 116. 80 46, 300. 80 48, 630. 40 51, 022. 40 53, 580. 80 3 HOURLY 20. 70 21. 71 22. 79 23. 94 25. 13
MONTHLY 3, 588. 00 3, 763. 07 3, 950. 27 4, 149. 60 4, 355. 87 ANNUAL 43, 056. 00 45, 156. 80 47, 403. 20 49, 795. 20 52, 270. 40 125 Maintenance Worker 1 HOURLY 23. 28 24. 43 25. 64 26. 92 28. 27 MONTHLY 4, 035. 20 4, 234. 53 4, 444. 27 4, 666. 13 4, 900. 13 ANNUAL 48, 422. 40 50, 814. 40 53, 331. 20 55, 993. 60 58, 801. 60 2 HOURLY 22. 71 23. 83 25. 03 26. 30 27. 59
MONTHLY 3, 936. 40 4, 130. 53 4, 338. 53 4, 558. 67 4, 782. 27 ANNUAL 47, 236. 80 49, 566. 40 52, 062. 40 54,704. 00 57, 387. 20 3 HOURLY 22. 16 23. 26 24. 42 25. 63 26. 91
MONTHLY 3, 841. 07 4,031. 73 4,232. 80 4,442. 53 4, 664. 40 ANNUAL 46, 092. 80 48, 380. 80 50, 793. 60 53, 310. 40 55, 972. 80 126 Maintenance Worker 1 1 HOURLY 24. 44 25. 66 26. 95 28. 28 29. 71 MONTHLY 4,236. 27 4, 447. 73 4,671. 33 4,901. 87 5, 149. 73 ANNUAL 50, 835. 20 53, 372. 80 56, 056. 00 58, 822. 40 61, 796. 80 2 HOURLY 23. 86 25. 05 26. 31 27. 62 29. 00
MONTHLY 4, 135. 73 4,342. 00 4,560. 40 4, 787. 47 5, 026. 67 ANNUAL 49, 628. 80 52, 104. 00 54, 724. 80 57, 449. 60 60, 320. 00 3 HOURLY 23. 28 24. 43 25. 65 26. 94 28. 27
MONTHLY 4,035. 20 4, 234. 53 4,446. 00 4,669. 60 4, 900. 13 ANNUAL 48, 422. 40 50, 814. 40 53, 352. 00 56, 035. 20 58, 801. 60 130 Secretary 1 HOURLY 24. 69 25. 94 27. 22 28. 58 30. 02 MONTHLY 4, 279. 60 4,496. 27 4, 718. 13 4, 953. 87 5, 203. 47 ANNUAL 51, 355. 20 53, 955. 20 56, 617. 60 59, 446. 40 62, 441. 60 2 HOURLY 24. 10 25. 29 26. 54 27. 90 29. 28
MONTHLY 4, 177. 33 4, 383. 60 4, 600. 27 4,836. 00 5, 075. 20 ANNUAL 50, 128. 00 52, 603. 20 55, 203. 20 58, 032. 00 60, 902. 40 3 HOURLY 23. 50 24. 68 25. 93 27. 19 28. 57
MONTHLY 4, 073. 33 4, 277. 87 4, 494. 53 4, 712. 93 4, 952. 13 ANNUAL 48, 880. 00 51, 334. 40 53, 934. 40 56, 555. 20 59, 425. 60

DocuSign Envelope ID: 6DA998A8- 8F97- 4877- 8AC7- 4D2B1724BD47 CALIFORNIA TEAMSTERS 911 EXHIBIT A3

SALARY SCHEDULE
EFFECTIVE NOVEMBER 5, 2023

CODE CLASSIFICATION TITLE TIER STEP A STEP B STEP C STEP D STEP E 135 Records Specialist 1 HOURLY 25. 68 26. 97 28. 32 29. 74 31. 23 136 Community Liaison Officer MONTHLY 4, 451. 20 4, 674. 80 4, 908. 80 5, 154. 93 5, 413. 20 ANNUAL 53, 414. 40 56, 097. 60 58, 905. 60 61, 859. 20 64, 958. 40 2 HOURLY 25. 08 26. 34 27. 64 29. 03 30. 47
MONTHLY 4, 347. 20 4, 565. 60 4, 790. 93 5, 031. 87 5, 281. 47 ANNUAL 52, 166. 40 54, 787. 20 57,491. 20 60, 382. 40 63, 377. 6( 3 HOURLY 24. 46 25. 67 26. 95 28. 31 29. 7;
MONTHLY 4, 239. 73 4,449. 47 4, 671. 33 4, 907. 07 5, 151. 4i ANNUAL 50, 876. 80 53, 393. 60 56, 056. 00 58, 884. 80 61,817. 60I 140 Senior Maintenance Worker 1 HOURLY 27. 03 28. 39 29. 80 31. 28 32. 85 145 Finance Assistant MONTHLY 4, 685. 20 4,920. 93 5, 165. 33 5, 421. 87 5, 694. 00 150 Mechanic ANNUAL 56, 222. 40 59, 051. 20 61, 984. 00 65, 062. 40 68, 328. 00 152 Planning Aide
2 HOURLY 26. 38 27. 67 29. 08 30. 52 32. 05
MONTHLY 4, 572. 53 4, 796. 13 5, 040.53 5, 290. 13 5, 555. 33 ANNUAL 54, 870. 40 57, 553. 60 60, 486. 40 63, 481. 60 66, 664. 00 3 HOURLY 25. 70 26. 99 28. 36 29. 76 31. 25
MONTHLY 4, 454. 67 4, 678. 27 4, 915. 73 5, 158. 40 5, 416. 67 ANNUAL 53, 456. 00 56, 139. 20 58, 988. 80 61, 900. 80 65, 000. 00 155 Recreation Coordinator 1 HOURLY 27. 26 28. 65 30. 08 31. 59 33. 17 157 Recreation Coordinator/ Graphic Design MONTHLY 4, 725. 07 4, 966. 00 5, 213. 87 5, 475. 60 5, 749. 47 ANNUAL 56, 700. 80 59, 592. 00 62, 566. 40 65, 707. 20 68, 993. 60 2 HOURLY 26. 61 27. 96 29. 34 30. 81 32. 34
MONTHLY 4, 612. 40 4, 846. 40 5, 085. 60 5, 340. 40 5, 605. 60 ANNUAL 55, 348. 80 58, 156. 80 61, 027. 20 64, 084. 80 67, 267. 20 3 HOURLY 25. 97 27. 25 28. 63 30. 05 31. 58
MONTHLY 4, 501. 47 4, 723. 33 4, 962. 53 5, 208. 67 5, 473. 87 ANNUAL 54, 017. 60 56, 680. 00 59, 550. 40 62, 504. 00 65, 686. 40 160 Department Secretary 1 HOURLY 27. 82 29. 20 30. 68 32. 22 33. 82 MONTHLY 4, 822. 13 5, 061. 33 5, 317. 87 5, 584. 80 5, 862. 13 ANNUAL 57, 865. 60 60, 736. 00 63, 814. 40 67, 017. 60 70, 345. 60 2 HOURLY 27. 15 28. 52 29. 94 31. 43 33. 00
MONTHLY 4, 706. 00 4, 943. 47 5, 189. 60 5, 447. 87 5, 720. 00 ANNUAL 56, 472. 00 59, 321. 60 62, 275. 20 65, 374. 40 68, 640. 00 3 HOURLY 26. 48 27. 81 29. 19 30. 65 32. 21
MONTHLY 4, 589. 87 4, 820. 40 5, 059. 60 5, 312. 67 5, 583. 07 ANNUAL 55, 078. 40 57, 844. 80 60, 715. 20 63, 752. 00 66, 996. 80 305 Senior Finance Assitant 1 HOURLY 30. 01 31. 52 33. 09 34. 73 36. 45 MONTHLY 5, 201. 73 5, 463. 47 5, 735. 60 6, 019. 87 6, 318. 00 ANNUAL 62, 420. 80 65, 561. 60 68, 827. 20 72, 238. 40 75, 816. 00 2 HOURLY 29. 27 30. 75 32. 27 33. 87 35. 57
MONTHLY 5, 073. 47 5, 330. 00 5, 593. 47 5, 870. 80 6, 165. 47 ANNUAL 60,881. 60 63, 960. 00 67, 121. 60 70,449. 60 73, 985. 60 3 HOURLY 28. 56 29. 99 31. 49 33. 07 34. 70
MONTHLY 4,950.40 5, 198. 27 5, 458.27 5, 732. 13 6, 014. 67 ANNUAL 59, 404. 80 62, 379. 20 65, 499. 20 68, 785. 60 72, 176. 00

DocuSign Envelope ID: 6DA998A8- 8F97- 4877- 8AC7- 4D261724BD47 CALIFORNIA TEAMSTERS 911 EXHIBIT A3

SALARY SCHEDULE
EFFECTIVE NOVEMBER 5, 2023

CODE CLASSIFICATION TITLE TIER STEP A STEP B STEP C STEP D STEP E 170 Assistant Planner 1 HOURLY 31. 11 32. 67 34. 29 36. 02 37. 81 175 Code Enforcement Officer MONTHLY 5, 392. 40 5, 662. 80 5, 943. 60 6, 243. 47 6, 553. 73 ANNUAL 64, 708. 80 67, 953. 60 71, 323. 20 74, 921. 60 78, 644. 80 2 HOURLY 30. 35 31. 85 33. 45 35. 13 36. 90
MONTHLY 5, 260. 67 5, 520. 67 5, 798. 00 6, 089. 20 6, 396. 00 ANNUAL 63, 128. 00 66, 248. 00 69,576. 00 73, 070. 40 76, 752. 00 3 HOURLY 29. 60 31. 10 32. 64 34. 27 36. 00
MONTHLY 5, 130. 67 5, 390. 67 5, 657. 60 5, 940. 13 6, 240. 00 ANNUAL 61, 568. 00 64, 688. 00 67, 891. 20 71, 281. 60 74, 880. 00 180 Maintenance Foreman 1 HOURLY 31. 38 32. 95 34. 60 36. 31 38. 14 185 Master Mechanic MONTHLY 5, 439. 20 5, 711. 33 5, 997. 33 6, 293. 73 6, 610. 93 ANNUAL 65, 270. 40 68, 536. 00 71, 968. 00 75, 524. 80 79, 331. 20 2 HOURLY 30. 60 32. 13 33. 76 35. 43 37. 21
MONTHLY 5, 304. 00 5, 569. 20 5, 851. 73 6, 141. 20 6, 449. 73 ANNUAL 63, 648. 00 66, 830. 40 70, 220. 80 73, 694. 40 77, 396. 80 3 HOURLY 29. 87 31. 37 32. 91 34. 57 36. 28
MONTHLY 5, 177. 47 5, 437. 47 5, 704. 40 5, 992. 13 6, 288. 53 ANNUAL 62, 129. 60 65, 249. 60 68, 452. 80 71, 905. 60 75, 462. 40 205 Lead Foreman 1 HOURLY 33. 42 35. 09 36. 85 38. 69 40. 62 MONTHLY 5, 792. 80 6, 082. 27 6, 387. 33 6, 706. 27 7, 040. 80 ANNUAL 69, 513. 60 72, 987. 20 76, 648. 00 80,475. 20 84, 489. 60 2 HOURLY 32. 61 34. 24 35. 96 37. 76 39. 64
MONTHLY 5, 652. 40 5, 934. 93 6, 233. 07 6, 545. 07 6, 870. 93 ANNUAL 67, 828. 80 71, 219. 20 74,796. 80 78,540. 80 82, 451. 20 3 HOURLY 31. 81 33. 39 35. 07 36. 83 38. 67
MONTHLY 5, 513. 73 5, 787. 60 6, 078. 80 6, 383. 87 6, 702. 80 ANNUAL 66, 164. 80 69, 451. 20 72, 945. 60 76, 606. 40 80, 433. 60 210 Accountant 1 HOURLY 35. 40 37. 18 39. 04 40. 97 43. 02 MONTHLY 6, 136. 00 6, 444. 53 6,766. 93 7, 101. 47 7, 456. 80 ANNUAL 73, 632. 00 77, 334. 40 81, 203. 20 85, 217. 60 89, 481. 60 2 HOURLY 34. 55 36. 26 38. 08 39. 97 41. 97
MONTHLY 5, 988. 67 6, 285. 07 6, 600. 53 6, 928. 13 7, 274. 80 ANNUAL 71, 864. 00 75, 420. 80 79, 206. 40 83, 137. 60 87, 297. 60 3 HOURLY 33. 71 35. 38 37. 13 39. 00 40. 95
MONTHLY 5, 843. 07 6, 132. 53 6, 435. 87 6, 760. 00 7, 098. 00 ANNUAL 70, 116. 80 73, 590. 40 77, 230. 40 81, 120. 00 85, 176. 00 195 Associate Planner 1 HOURLY 35. 07 36. 83 38. 65 40. 61 42. 61 MONTHLY 6, 078. 80 6, 383. 87 6, 699. 33 7,039. 07 7, 385. 73 ANNUAL 72, 945. 60 76, 606. 40 80, 392. 00 84, 468. 80 88, 628. 80 2 HOURLY 34. 64 36. 36 38. 19 40. 09 42. 11
MONTHLY 6, 004. 27 6, 302. 40 6, 619. 60 6, 948. 93 7, 299. 07 ANNUAL 72, 051. 20 75, 628. 80 79, 435. 20 83, 387. 20 87, 588. 80 3 HOURLY 33. 79 35. 48 37. 25 39. 11 41. 09
MONTHLY 5, 856. 93 6, 149. 87 6, 456. 67 6, 779. 07 7, 122. 27 ANNUAL 70, 283. 20 73, 798. 40 77, 480. 00 81, 348. 80 85, 467. 20

DocuSign Envelope ID: 6DA998A8- 8F97- 4877- 8AC7- 4D2B1724BD47 CALIFORNIA TEAMSTERS 911 EXHIBIT A3

SALARY SCHEDULE
EFFECTIVE NOVEMBER 5, 2023

CODE CLASSIFICATION TITLE TIER STEP A STEP B STEP C STEP D STEP E 220 Management Analyst 1 HOURLY 39. 83 41. 81 43. 90 46. 10 48. 40 MONTHLY 6, 903. 87 7, 247. 07 7, 609. 33 7, 990. 67 8, 389. 33 ANNUAL 82, 846. 40 86, 964. 80 91, 312. 00 95, 888. 00 100, 672. 00 2 HOURLY 38. 85 40. 79 42. 83 44. 96 47. 24
MONTHLY 6, 734. 00 7, 070. 27 7, 423. 87 7, 793. 07 8, 188. 27 ANNUAL 80, 808. 00 84, 843. 20 89, 086. 40 93, 516. 80 98, 259. 20 3 HOURLY 37. 90 39. 80 41. 78 43. 87 46. 07
MONTHLY 6, 569. 33 6, 898. 67 7, 241. 87 7, 604. 13 7, 985. 47 ANNUAL 78, 832. 00 82, 784. 00 86, 902. 40 91, 249. 60 95, 825. 60I

RESOLUTION NO. 2021- 24

RESOLUTION NUMBER NOT USED

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 21, 2023 ITEM NUMBER: 10F
To: Mayor Tanya Doby & Members of the City Council
Presented By: Chelsi Wilson, Administrative Services Manager Subject: Police Officers Association (POA) Side Letter

SUMMARY
This report seeks approval of the Police Officers Association (POA) side letter amending the July 1, 2021 to June 30, 2024 Memorandum of Understanding (MOU) between the City of Los Alamitos (“City”) and the Los Alamitos Police Officers Association (“POA”).

RECOMMENDATION

1. Adopt Resolution No.2023-07, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS ALAMITOS, CALIFORNIA, AMENDING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF LOS ALAMITOS AND THE POLICE OFFICERS ASSOCIATION EFFECTIVE JULY 1, 2021 THROUGH JUNE 30, 2024"; and,

2. Authorize the Mayor to execute the side letter agreement amending the Police Officers Association (POA) Memorandum of Understanding (MOU).

BACKGROUND
This report seeks approval of the Police Officers Association (POA) side letter amending the July 1, 2021 to June 30, 2024 Memorandum of Understanding (MOU) between the City of Los Alamitos (“City”) and the Police Officers Association (“POA”). The following outlines the recommended temporary change of adding 64 additional hours to the optional annual vacation payoff.

DISCUSSION
The Police Officers Association (POA) Memorandum of Understanding (MOU) requires some clean up to formally adopt current practices.

SECTION 4 (E) – ANNUAL VACATION PAYOFF
Section 4(E) shall be amended and restated as follows:

Employees may receive pay for up to 64 hours of vacation time during each calendar year provided they have used a minimum of 80 vacation hours during the previous calendar year.

Employees not using a minimum of 80 hours of vacation during the previous calendar year may receive vacation payoff if such payoff is recommended by the Police Chief and approved by the City Manager.

FISCAL IMPACT
Sufficient funds are available in the Fiscal Year 2022/2023 Adopted Budget.

Attachment: 1. Resolution No. 2023-07 - Police Officer Association (POA) Vacation Pay Out

2. Police Officer Association (POA) - Side Letter for Vacation Pay Out

3. Resolution No. 2022-04 - Police Officer Association (POA) MOU

RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

ALAMITOS, CALIFORNIA, AMENDING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF LOS ALAMITOS AND
THE POLICE OFFICERS ASSOCIATION EFFECTIVE JULY 1, 2021
THROUGH JUNE 30, 2024
WHEREAS, on January 18, 2022, the City Council adopted Resolution 2022-04 approving the Memorandum of Understanding between the City of Los Alamitos and the Police Officers Association (the “MOU”); and,
WHEREAS, the City now desires to amend the MOU to increase pay for vacation time.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council of the City of Los Alamitos, California, finds that the above recitals are true.

SECTION 2. Section 4 (Vacation), Subsection E, of the MOU is hereby amended and restated to read as follows:

E. Annual Vacation Payoff
Employees may receive pay for up to 64 hours of vacation time during each calendar year provided they have used a minimum of 80 vacation hours during the previous calendar year. Employees not using a minimum of 80 hours of vacation during the previous calendar year may receive vacation payoff if such payoff is recommended by the Police Chief and approved by the City Manager.

SECTION 3. The City Clerk shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 23rd day of January, 2023. _______________________________
Tanya Doby, Mayor

CC RESO 2023-XX

ATTEST:
___________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
_________________________
Michael S. Daudt, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 23rd day of January, 2023 by the following vote, to wit:
________________________________________
Windmera Quintanar , MMC, City Clerk

1 LO001\017\10150624.v3

SIDE LETTER AGREEMENT AMENDING
THE JULY 1, 2021 TO JUNE 30, 2024

MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF LOS ALAMITOS (“CITY”)
AND THE LOS ALAMITOS POLICE OFFICERS ASSOCIATION (“POA”) The City of Los Alamitos (“City”) and LOS ALAMITOS POLICE OFFICERS ASSOCIATION (“POA”) (collectively, the “Parties”), having previously negotiated and executed a Memorandum of Understanding (MOU) for the period JULY 1, 2021 to JUNE 30, 2024 (“MOU”), do hereby agree and adopt this side letter agreement (“Side Letter Agreement”) amending the MOU related to MOU Section 4 (Vacation), subsection (E) (ANNUAL VACATION PAYOFF) specifically as follows:

MOU SECTION 4(E) – ANNUAL VACATION PAYOFF
Section 4(E) of the MOU shall be amended and restated as follows:

Employees may receive pay for up to 64 hours of vacation time during each calendar year provided they have used a minimum of 80 vacation hours during the previous calendar year. Employees not using a minimum of 80 hours of vacation during the previous calendar year may receive vacation payoff if such payoff is recommended by the Police Chief and approved by the City Manager.

The Parties understand and agree that this side letter and the amendment to MOU Section 4(E), as stated above, shall automatically expire on JUNE 30, 2024 and will no longer be effective. MOU Section 4(E)’s terms will then automatically revert back to the original language, as adopted by the City Council on February 7, 2022, unless and until further modified by the Parties through written agreement or resolution of bargaining procedures.

LOS ALAMITOS POLICE OFFICERS CITY OF LOS ALAMITOS

ASSOCIATION
By: ______________________________ By: _________________________ Shaun Krogman, President Tanya Doby, Mayor
Date: ___________________________ Date: ________________________

8976390.1 LO001-011
RESOLUTION NO. 2022-04

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LOS ALAMITOS, CALIFORNIA, APPROVING A

MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF LOS ALAMITOS AND THE POLICE OFFICERS
ASSOCIATION EFFECTIVE JULY 1, 2021 THROUGH
JUNE 30, 2024
WHEREAS, the most recent agreement between the City of Los Alamitos and the Police Officers Association expired on June 30, 2021; and, WHEREAS, the City and the Police Officers Association (POA) have been engaged in negotiations for a successor Memorandum of Understanding (MOU); and,
WHEREAS, the resulting MOU reflects a three-year package that will enable the City to provide reasonable workforce stability.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council of the City of Los Alamitos, California, finds that the above recitals are true and correct.

SECTION 2. The City Council approves and authorizes the Mayor to execute the Memorandum of Understanding between the City of Los Alamitos and the Police Officers Association (POA) effective July 1, 2021 through June 30, 2024, incorporated herein by reference and attached as “Exhibit A.” SECTION 3. The salary steps and ranges of all classifications governed by this Resolution shall be as specified in “Exhibit B” and attached hereto and incorporated by reference.

SECTION 4. The City Clerk shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 7th day of February 2022. ________________________________
Shelley Hasselbrink, Mayor
DocuSign Envelope ID: B6B9206C-3374-4DC2-A58E-A57515480D46

CC RESO 2022-04

8976390.1 LO001-011
ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
_______________________________
Michael S. Daudt, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk, of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 7th day of February, 2022, by the following vote, to wit:

AYES: COUNCILMEMBERS: Chirco, Bates, Doby, Hasselbrink, Nefulda NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
________________________________________
Windmera Quintanar, MMC, City Clerk
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City Council Resolution 2022-04
Exhibit A
ADOPTED: FEBRUARY 7, 2022
EFFECTIVE: JULY 1, 2021
EXPIRES: JUNE 30, 2024
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TABLE OF CONTENTS
Term ………………………………………………………………………………………...……1
Recognition ………………………………………………………………………………...……1
1 – ACCESS TO WORK LOCATIONS ………………………………………………….……1
2 – CITY RIGHTS ………………………………………………………………………….……2
3 – SALARY SCHEDULE ADJUSTMENT ……………………………………………...……2
4 – VACATION …………………………………………………………………………….……3
A. Purpose …………………………………………………………………………….……3
B. Basis of Accrual …………………………………………………………………...……3
C. Compensation of City Work During Vacation Prohibited……………………………3 D. Scheduling Vacations ……………………………………………………………..……4
E. Annual Vacation Payoff …………………………………………………………..…….4
F. Vacation Payoff Upon Termination ……………………………………………………4 5 –SICK LEAVE ………………………………………………………………………...………4
A. Accrual and Use of Sick Leave …………………………………………………...……4 B. Proof of Illness …………………………………………………………………..………5
C. Notification ………………………………………………………………………….……5
D. Annual Sick Leave Payoff ………………………………………………………………5
E. Regular Service Retirement Sick Leave Options ……………………………….……5 F. Disability Retirement Sick Leave ………………………………………………………6 G. Other Separation …………………………………………………………………..……6
6 –BEREAVEMENT LEAVE ……………………………………………………………..……6
7 –TEMPORARY DISABILITY LEAVE (NON-INDUSTRIAL)..........................................6 8 –LABOR CODE SECTION 4850 PAY……………………………………………………....7 9 –PARENTAL LEAVE…………………………………………………………………………7
10 –MILITARY LEAVE….…………………………………………………………………..….7
11 –JURY DUTY...............................................................................................................8 12 –LEAVE OF ABSENCE WITHOUT PAY ……………………………….……………….8
A. Authorization Procedure ………………………………………………………..………8
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B. Length of Leave and Extension …………………………………………………..……8 C. Return from Leave ………………………………………………………………………8
D. Leave Without Pay – Insurance Payments ………………………………………...…8 E. Leave Without Pay – Other Benefits ……………………………………………..……9 13 –HOLIDAYS………………………………………………………………………………….9
A. Authorized Holidays …………………………………………………………….………9
B. Floating Holidays for New Employees ……………………………………………….10 14 –HOURS OF WORK……………………………………………………………….………10
15 –ATTENDANCE……………………………………………………………………..……..10
16 –OVERTIME………………………………………………………………………..………11
A. Work Period ……………………………………………………………………………11
B. Compensatory Time ………………………………………………………..…………11
C. Training Time ……………………………………………………………………..……11
D. City Vehicle Use …………………………………………………………………….…12
17 –ON CALL COURT PAY…………………………………………………………………..12
18 –CALL BACK PAY……………………………………………………………………..….12
19 –SPECIAL ASSIGNMENT PAY………………………………………………………….13
A. Motor Officer, Detective, SRO, and SWAT………………. …………………...……13 B. Temporary Fill-in Patrol Assignments ………………………………………….……13 C. Special Skills ……………………………………………………………………...……13
20 –PAY FOR WORK IN A HIGHER CLASSIFICATION……………………………...…..14 21 –MONTHLY INSURANCE CONTRIBUTION……………………………………………14
22 –OPTICAL PLAN………………………………………………………………….……….14
23 –TERM LIFE INSURANCE…………………………………………………………..……15
24 –PHYSICAL EXAMINATION……………………………………………………..………15
25 –RETIREES’ MEDICAL INSURANCE…………………………………………………..15
26 –DEFERRED COMPENSATION……………………………………………………...….16
27 –EDUCATION REIMBURSEMENT………………………………………………..…….16
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28 –EDUCATION INCENTIVE……………………………………………………………….17
29 – RETENTION-PERFORMANCE BONUS………………………………………………17
30 –UNIFORM ALLOWANCE………………………………………………………………..18
A. Description ………………………………………………………………………..……18
B. Equipment ……………………………………………………………………..………18
C. Motorcycle Assignment …………………………………………………….…………19
D. SWAT Assignment ………………………………………………………….…………19
31 –FIELD TRAINING OFFICER PAY……………………………………………………....19 32 – BILINGUAL PAY…………………………………………………………………………19
33 –RETIREMENT…………………………………………………………………….………20
34 –INDUSTRIAL DISABILITY RETIREMENT…………………………………………….20 35 –MILEAGE REIMBURSEMENT……………………………………………………….....21
36 –GRIEVANCE PROCEDURE…………………………………………………………….21
A. Policy ………………………………………………………………………...………... 21
B. Definition ………………………………………………………………………………. 23
C. Procedures ……………………………………………………………………………. 23

1. General ……………………………………………………………………………. 23

2. Steps ………………………………………………………………………………. 24
37 - PEACEFUL PERFORMANCE…………………………………………………..………25
38 –CONSTRUCTION ……………………………………………………………..…………26
39 –FULL UNDERSTANDING, MODIFICATION, WAIVER ……………………….……. 26 40 –SAVINGS CLAUSE........……………………………………………………………….. 26 DocuSign Envelope ID: B6B9206C-3374-4DC2-A58E-A57515480D46

1 Memorandum of Understanding between the City of
Los Alamitos and the Police Officers Association
This Memorandum of Understanding has been prepared pursuant to Government Code Sections 3500, et seq., as amended, which is generally referred to as the “Meyers-MiliasBrown Act.” This agreement has been developed as a result of good faith meet and confer efforts by the Los Alamitos Police Officers Association (“Association”) and the City of Los Alamitos (“City”). The items in this agreement are subject to the approval of the Los Alamitos City Council and will be effective upon the adoption of necessary ordinances and resolutions.

Term
The parties agree that the provisions contained herein shall be subject to all applicable laws and shall be effective when formally approved by the Los Alamitos City Council and shall be effective July 1, 2021 through June 30, 2024.

Recognition
The City hereby recognizes the Association as the majority representative of the employee representation unit consisting of the following classifications:
➢ Sergeant
➢ Corporal
➢ Officer
The City and the Association agree that the provisions of this MOU will apply equally to all employees covered herein without favor or discrimination because of race, religion, color, creed, national origin, sex, sexual orientation, gender identification, marital status, age, mental or physical disability, and/or any other category protected by federal or state law. Nothing contained herein shall be construed to deny those employees who do not belong to the Association from representing themselves.

1. Access to Work Locations
Access to employee locations shall be granted to officers of the Association and its official representatives for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation. Access shall be limited to one hour per day and twenty-four hours per year. Such officers or representatives of the Association shall not enter any locations without first requesting the written consent of the City or its authorized representative(s). Access shall be restricted so as to not interfere with the normal operations of any Department or with established safety or security requirements.

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2 2. City Rights
The rights of the City include authority under state law, but are not limited to the exclusive right to determine the mission of its constituent departments, commissions and board; set standards and levels of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack or work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; determine style and/or types of City-issued wearing apparel equipment or technology used, establish and enforce dress and grooming standards; assign work to and schedule employees in accordance with requirements as determined by the City and establish and change work schedules and assignments upon reasonable notice; and determine organization structure, size and composition of the work force; take all necessary actions to carry out its mission in emergencies; and exercise complete discretion over its organization and the technology of performing its work.

In exercising the above rights, the City shall comply with all applicable provisions of this Agreement.

In exercising the above rights, the City shall not in any way, directly or indirectly, be subject to the grievance procedure herein, provided the City has complied with all applicable provisions of this Agreement and all applicable State laws.

3. Salary Schedule Adjustment
A. Salary Increases
The City will increase the salaries of all represented classifications as follows and shown in Exhibit A:

1. Effective with the pay period commencing January 30, 2022, the salary schedule will be increased by 2.5%.

2. Effective the first full pay period commencing on or after July 1, 2022, the salary schedule will be increased by 2.5%.

3. Effective the first full pay period commencing on or after July 1, 2023, the salary schedule will be increased by 2.5%.

B. One-Time Lump Sum Payments

1. The City will provide a one-time lump sum payment of $2,500 to all full-time employees effective January 30, 2022.

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3 2. The City will provide a one-time lump sum payment of $2,500 to all full-time employees with the first full pay period following July 1, 2022.

4. Vacation
A. Purpose
The purpose of annual vacation is to enable each eligible employee annually to return to work refreshed.

B. Basis of Accrual
New employees shall begin accrual of vacation leave effective their first day of employment. New employees shall not be allowed to take vacation leave until they have completed six months of continuous full-time service. Vacation leave shall accrue to employees on bi-weekly basis at a pro-rated amount equivalent to the annual amounts specified below. No employee may accumulate more than 300 hours of vacation leave.

When an employee’s accumulated vacation leave balance reaches 300 hours, that employee shall not accrue any further vacation leave until such time as the employee’s accumulated vacation leave balance is reduced below 300 hours.

Vacation leave for employees shall be accrued as follows:

Years of Service Hours per Year
0-2
3 80
88 4 96
5 104
6 112
7 120
8 128
9 136
10 144
11 152
12 160
13 168
14 or > 176
C. Compensation for City Work During Vacation Prohibited No employee shall be permitted to work for compensation for the City in any capacity while he/she is on vacation leave from City service. This clause shall not limit the City's right to recall an employee from vacation and back to work in the event of an emergency and place him/her on regular pay status.

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4 D. Scheduling Vacations
An employee must request and obtain approval from the Chief of Police prior to taking vacation leave, which shall be determined with due regard for the wishes of the employee and particular regard for the needs of service. If the requirements of the service are such that an employee must defer all or part of his/her annual vacation in a particular calendar year, the Chief of Police and the City Manager may permit the employee to take such deferred vacation during the following calendar year. Vacation leave may be used only as it is earned. Requests for vacation leave exceeding the amount of accrued vacation leave hours will require the prior approval of the City Manager.

E. Annual Vacation Payoff
Employees may receive pay for up to 32 hours of vacation time during the calendar year provided they have used a minimum of 80 vacation hours during the previous calendar year. Employees not using a minimum of 80 hours of vacation during the previous calendar year may receive vacation payoff if such payoff is recommended by the Police Chief and approved by the City Manager.

F. Vacation Payoff Upon Termination
Employees who terminate employment shall be paid in a lump sum for all accumulated vacation leave time at their current rate of pay in effect upon termination.

When separation is caused by the death of an employee, payment shall be made to the estate of the employee, or as otherwise required by applicable law.

5. Sick Leave
A. Accrual and Use of Sick Leave
Sick leave with pay shall be accrued at the rate of eight (8) hours for each full calendar month of service. Accumulation shall be unlimited.

Employees may use accrued paid sick leave in a 12-month period for the following reasons: (1) the employee’s own diagnosis, care, treatment or preventative care of an existing health condition or disability; (2) the diagnosis, care, or treatment of an existing health condition or preventative care for an employee’s family member, including the employee’s spouse, registered domestic partner, child, parent, parent-in-law, grandparent, grandchild or sibling; (3) to obtain relief as a victim of domestic violence pursuant applicable law; (4) a prescheduled doctor, dental or optometry appointment which has been approved by the Police Chief.

No employee shall use more than a total of 48 hours of sick leave in a 12-month period for the purposes of (2) and (3) annually.

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5 B. Proof of Illness
Employees absent from duty due to illness for more than three (3) work days (not including statutory protected leave) may be required to furnish a certificate and/or statement from their physician verifying the need for such absence and the estimated time necessary for recovery. Proof of violation of sick leave privileges may result in disciplinary action and/or loss of pay when in the opinion of the Chief of Police the employee has abused such privileges.

Prior to resuming their duties, employees may be required to submit a certificate and/or statement from their physician certifying their apparent fitness for duty.

C. Notification
An employee’s need for absence from duty due to personal or family illness shall be reported to his/her immediate supervisor or on duty watch commander as soon as practical after the employee is aware that he/she cannot report to duty and is able to give such notice, generally, no later than two hours prior to the beginning of the employee’s assigned shift. Extenuating circumstances may prevent an employee from meeting the two hour minimum notification. Employees may be asked to verify extenuating circumstances consistent with the provisions of this agreement.

D . Annual Sick Leave Payoff
An employee shall be allowed to accumulate sick leave from year to year. In December, upon the written request of the employee, the City shall compensate the employee for either: (1) up to 25% of his/her current year's unused sick leave, or (2) up to 24 hours of accumulated sick leave provided that a minimum of 480 hours remains in the employee's account.

E. Regular Service Retirement Sick Leave Options
Upon a regular service retirement as defined by the California Public Employees Retirement System, an employee may receive compensation for accumulated sick leave under either of the following two options:
(1) a lump sum payment of 25% of the first 720 hours of accumulated sick leave and 50% of the hours between 720 and 1,040. There will be no compensation for any hours in excess of 1,040 under this option. Said sum shall be based on the salary rate being paid at the time of the employee’s service retirement.
(2) an exchange of all accumulated sick leave for service credit time in the Public Employees Retirement System
An employee must choose option 1 or 2. An employee will not be allowed to do both.

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6 F. Disability Retirement Sick Leave
Upon disability retirement, whether industrial or non-industrial, an employee shall not be entitled to receive any compensation for accumulated sick leave pursuant to Government Code section 21163. Sick leave may be used prior to the effective date of a non-industrial retirement.

G. Other Separation
Upon separation not due to retirement, compensation for accumulated sick leave shall be paid only if and to the extent provided for in the City’s applicable Personnel Rules. An employee that is rehired within one year of separation from the City shall have previously accrued, unused and available paid sick leave reinstated, subject to the use and accrual limitations set forth in this MOU.

6. Bereavement Leave
Whenever an employee is compelled to be absent from duty by reason of death or critical illness (where death appears imminent) of members of the employee's immediate family (father, mother, brother, sister, spouse, registered domestic partner, children, mother-inlaw, father-in-law, grandmother, grandfather, or grandchildren) he/she shall be entitled to a leave of absence with pay for a period not to exceed 48 working hours per calendar year. Where such death or critical illness has occurred, the employee shall furnish satisfactory evidence of such death or illness to the Chief of Police. Such leave of absence shall not be allowed in any case where in the preceding 6 calendar months, a leave on the grounds of critical illness of that same relative has been granted.

Bereavement leave shall not be charged against sick leave.

7. Temporary Disability Leave (Non-industrial)
Upon submission of a certificate from a licensed physician indicating that an employee shall be placed on temporary disability leave, the employee shall be entitled to such leave.

The employee utilizing temporary disability leave may utilize accumulated sick leave, vacation leave, and compensatory time off to provide for full salary maintenance. When all accumulated sick leave, vacation leave and compensatory time off are exhausted, the remainder of the absence will be on the basis of leave without pay. If leave without pay is utilized, no accruals of sick leave, vacation leave, or other benefits will be credited to the employee during that absence; provided, however, an employee on leave pursuant to the Family Medical Leave Act or the California Family Rights Act shall be entitled to continue to receive health insurance premium payments required by the FMLA or CFRA.

City shall provide employee pregnancy leaves for eligible employees as required by state and federal law.

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7 8. Labor Code Section 4850 Pay
If an employee is injured on the job to such an extent that disability leave is necessary, the employee's salary shall be continued in accordance with the provisions of California Labor Code Section 4850.

9. Parental Leave
City shall provide employee parental leaves for eligible employees as required by state and federal law.

The City Manager shall grant an employee's request for a leave of absence without pay for the purposes of pregnancy, childbirth, or the recovery therefrom, for a period not to exceed seven months, or as required by law. When the employee has notified the City Manager as to the period of the leave of absence required, the employee must receive City Manager approval prior to extending parental leave.

The City Manager shall grant the request of an employee for a leave of absence without pay for a period not to exceed six months to care for his/her newborn child. When the employee has notified the City Manager as to the period of the leave of absence required, the employee must receive City Manager approval prior to extending parental leave.

The City Manager may grant an employee's request for a leave of absence without pay to care for a newly adopted child for a period not to exceed 6 months. The employee shall provide documentation to support the request for adoption leave. When the employee has notified the City Manager as to the period of the leave of absence required, any change in the length of the period of leave shall not be effective unless approved by the City Manager.

An employee shall not accrue sick leave, vacation leave, or other benefits while he/she is on a leave of absence without pay pursuant to this sub-section; provided, however, an employee on leave pursuant to the Family Medical Leave Act, California Family Rights Act or Pregnancy Disability Leave law shall continue to receive health insurance premium payments required by the FMLA CFRA or Pregnancy Disability Leave law. The employee shall not forfeit any of the benefits or seniority accrued prior to the commencement of the Parental Leave.

10.Military Leave
Military leave with pay shall be granted in accordance with provisions of the Uniformed Services Employment and Re-employment Rights Act (USERRA) and the Military and Veterans Code of the State. An employee entitled to military leave shall give the Chief of Police an opportunity within the limits of the applicable regulations to determine when such leave shall be taken. Prior to taking military leave, an employee shall present a copy of his/her military orders to the Chief of Police. The Chief of Police shall advise the DocuSign Envelope ID: B6B9206C-3374-4DC2-A58E-A57515480D46

8 Personnel Officer of such military orders immediately. Sick leave and vacation leave will accrue to the employee during the period he/she is on military leave.

11.Jury Duty
When called to jury duty, an employee, having provided at least five working days written notice, shall be entitled to his/her regular compensation provided that said employee deposits his/her compensation fees for jury service with the Finance Officer. Employees released early from jury duty shall report to their supervisor for the duration of their shift.

Employees shall be entitled to keep mileage reimbursement pay while on jury duty. Salary continuance shall be limited to 40 working hours. Jury duty in excess of 40 hours will not be compensated by the City.

12.Leave of Absence Without Pay
Upon the recommendation of the Chief of Police, any employee may be granted a leave of absence without pay of less than 90 days with the approval of the City Manager. A request for an extension exceeding 90 days must be approved by the City Manager.

A. Authorization Procedure
Requests for leave of absence without pay shall be made upon forms prescribed by the City Manager. The employee shall state the reason for the request, the date when the absence is to begin, and the probable date of return. Upon written recommendation of the Chief of Police that it be granted, modified or denied, the request shall be transmitted to the City Manager for Approval.

B. Length of Leave and Extension
A leave of absence without pay may be made for a period not to exceed 6 months.

Conditions for granting an extension of up to 6 months shall be the same as that in granting the original leave, provided that the extension request is made at least 14 calendar days prior to the expiration of the original leave.

C. Return from Leave
When an employee intends to return from an authorized leave of absence without pay, he/she shall contact the Chief of Police at least 14 calendar days prior to the day he/she plans to return. The Chief of Police shall promptly notify the City Manager of the employee's intention.

D. Leave Without Pay - Insurance Payments
An employee on leave without pay may continue his/her City insurance benefits (medical, vision, dental and life) by reimbursing the City for the cost of insurance on a monthly basis during the period of the leave. Failure to reimburse the City for such benefits during the DocuSign Envelope ID: B6B9206C-3374-4DC2-A58E-A57515480D46

9 term of the leave of absence will result in the employee's coverage terminating on the first day of the following month in which the last payment was received.

E. Leave Without Pay - Other Benefits
An employee shall not accrue sick leave, vacation leave, or other benefits, including seniority, while he/she is on a leave of absence without pay pursuant to this sub-section.

The employee shall not forfeit any of the benefits or seniority accrued prior to the commencement of the leave without pay.

13.Holidays
A. Authorized Holidays
Employees shall be entitled to the following holidays with pay each calendar year as well as other such days as may be designated by action of the City Council:
• January 1 (New Years Day)
• The third Monday in January (Martin Luther King Jr. Day) • The third Monday in February (President’s Day)
• The last Monday in May (Memorial Day)
• July 4 (Independence Day)
• The first Monday in September (Labor Day)
• November 11 (Veterans Day)
• The fourth Thursday in November (Thanksgiving Day)
• The fourth Friday in November (day after Thanksgiving Day) • December 24 (day before Christmas)
• December 25 (Christmas)
• 20 hours of floating holiday time to be used by the employee with Chief of Police approval during the calendar year (January 1 – December 31).

Any floating holiday hours not used during the calendar year will be lost with no compensation. Employees shall annually receive 20 floating holiday hours at the beginning of the payroll year intended for (but not restricted solely for) the use of “backfilling” hours to complete a full shift on required training days of less than the employee’s full shift (typically an 8-hour training day).

All regular holidays for the fiscal year shall be paid at eight (8) hours straight time in one lump sum with the first pay period in June each year. Employees who have not worked the entire fiscal year will have this payment pro-rated.

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10 B. Floating Holidays for New Employees
Employees hired during a calendar year shall receive the following credit for floating holidays:

Date of Hire Credit (Hours)
January 1 – March 31 20
April 1 – June 30 15
July 1 – September 30 10
After September 30 0
Any floating holiday hours not used during the calendar year will be lost with no compensation.

14.Hours of Work
A. Employees shall have a work schedule with specific hours to be worked as prescribed by the Chief of Police with the approval of the City Manager.

B. The City Manager may change an employee's work schedule, or hours at any time to meet the requirements of the City.

C. Time Change
• During Daylight Savings Time change (Spring Forward) employees shall be paid for the actual number of hours worked, regardless of the hour indicated on the clock. It shall be the employee’s discretion to extend his/her shift or use accumulated time off to make up for the missing hour.
• During Pacific Standard Time change (Fall back) employees shall be paid for the actual number of hours worked, regardless of the hour indicated on the clock.

When applicable, employees shall receive paid overtime or compensatory time off.

15.Attendance
Employees shall be in attendance at their work station in accordance with the rules regarding hours of work, holidays, and leaves. All departments shall keep daily attendance records of employees, which shall be reported to the Director of Administrative Services on a City-approved form and on the dates specified.

Failure on the part of an employee, who is absent without authorization or permission, to return to duty within 24 hours after a due notice to return to duty has been issued through a registered letter, shall constitute resignation from City service by the employee.

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11 16.Overtime
It is the policy of the City of Los Alamitos to avoid the necessity for overtime work whenever possible. In cases of emergency or whenever public interest or necessity requires, any employee may be directed by proper authority to perform overtime work.

Employees must obtain approval from their supervisors prior to working any overtime; an employee’s failure to do so may subject him or her to disciplinary action, up to and including termination from employment.

A. Work Period
Employees shall be paid at the rate of one and a half times their hourly rate for all hours worked in excess of 160 during the normal 28-day work period.

B. Compensatory Time
At the discretion of the employee, any overtime may be either compensated through payment or accumulation of compensatory time off. The maximum accumulation of compensatory time shall be 200 hours. Should an employee desire to take compensatory time off, he/she shall file a written request with the Chief of Police, who shall grant the request off unless it interferes with normal operational staffing of the Department.

Compensatory time accrual shall be limited to a maximum of 8 hours per 28-day work period. All overtime in excess of 8 hours per 28-day work period shall be automatically paid to the employee.

Upon termination of the employee, all compensatory time shall be paid off at the salary rate in effect.

C. Training Time
Attendance at training schools/facilities which improves the performance of regular tasks and/or prepares the employee for job advancement is not compensable for hours in excess of regularly scheduled department approved training time. Any time spent in excess of regularly scheduled department approved training time will not be counted as working time and is not compensable in any manner whatsoever. Time spent in studying and other personal pursuits are not compensable hours of work even though the employee may be confined to campus or barracks 24 hours a day.

Travel time to and from a training facility outside the employee’s normal work shift is not compensable hours of work. Mandatory training as required by the Department is compensable for actual time spent in training.

All employees who attend training may return to their regular work location and work the remainder of their shift upon supervisor approval. Alternatively, the employee may choose to use available floating holiday, vacation or compensatory time hours for the remainder of the work shift with prior written request to the Chief of Police. An employee who attends DocuSign Envelope ID: B6B9206C-3374-4DC2-A58E-A57515480D46

12 Effective January 30, 2022, department approved training which is scheduled to last for eight (8) or more hours will be deemed to have worked their full work day.

D. City Vehicle Use
Employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for such travel time.

This provision also applies to those situations where the radio must be left on and monitored.

17.On Call Court Pay
If an employee is required to remain on-call for a court case on any day when he/she is not on duty, he/she shall be compensated for two hours at the overtime rate (one and a half times) per session (morning and afternoon). At the discretion of the employee, this compensation may be taken as payment or accumulated as compensatory time off.

Employees are not eligible for this compensation if they are taken off on-call status and notified before 12:00 p.m. the day before they are scheduled to appear in court.

An employee called into court while on-call, as described above, shall receive a minimum of 4 hours pay, compensated at the overtime rate, in lieu of any on-call pay described in the above paragraph. At the discretion of the employee, this compensation may be taken as payment or accumulated as compensatory time off.

If an employee goes to court in the afternoon prior to the start of his/her shift, he/she shall receive four hours of court time as described in the above paragraph. If an employee is required to go to court after his/her shift, that will be considered an extension of the shift and the officer will be paid the overtime rate for the amount of time spent in court and returning to the station, if applicable.

The procedure for administering the on-call program shall be determined by the Chief of Police.

18.Call Back Pay
Call back duty occurs when an employee is unexpectedly ordered by the Department to return to duty following the termination of his/her normal work shift because of unanticipated work requirements. Call back does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift. An employee called back to duty shall be paid a minimum of 4 hours compensation at the overtime rate commencing when he/she reports for duty. Any hours worked in excess of 4 hours shall be compensated at the overtime rate.

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13 19.Special Assignment Pay
A. Motor Officer, Detective, SRO, and SWAT
The City will pay Motor Officers special assignment pay equal to five percent (5%) above their individual base pay. The City will pay Motor Officers, Detectives, School Resource Officers, and Officers assigned to SWAT (including CNT) a special assignment pay equal to five percent (5%) above their individual base salary, as shown in Exhibit A. The effective date for officers assigned to SWAT (including CNT) to receive special assignment pay is January 30, 2022.

B. Temporary Fill-in Patrol Assignments
Employees who are assigned to special assignments, working a 4-10 schedule, and who are temporarily assigned to fill patrol requirements in lieu of their regular work assignments will have the option of overtime compensated through payment or accumulation of compensatory time off, for any hours worked over their regular 10-hour day during the temporary fill-in patrol assignment, if both of the following conditions are met:

1. The temporary fill-in patrol assignment results in a scheduled work assignment that is less than 40 hours in the workweek; and

2. The temporary fill-in patrol assignment does not last long enough for the employee to work the regularly assigned extra day shift for that 28-day work period; and
School Resource Officers (SRO) are not eligible for the overtime provided for temporary fill-in assignments when they are assigned to work patrol while school is on break.

C. Special Skills
The City will pay special skills pay in the amount of 2.5% of base salary to each employee who completes three years in a special assignment or as a SWAT member. The effective date for officers assigned to SWAT to be eligible for special skills pay after three years is January 30, 2022.

Notwithstanding the foregoing, if, in order to accommodate the needs of the Department (e.g., such as departmental scheduling requirements), an employee is removed from special assignment duty after completing at least 2.5 years, then the employee will nonetheless receive such special skills pay. If an employee voluntarily leaves a special assignment prior to completing three years, then such employee will not be eligible to receive special skills pay.

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14 20.Pay for Work in a Higher Classification
Corporals temporarily assigned to fill vacant sergeant positions shall be paid at the applicable pay step within the sergeant salary range that is at least 5% higher than the corporal’s current rate of pay. This pay for work in a higher classification shall not become effective until after the corporal has worked in the sergeant classification for 30 consecutive calendar days (however many consecutive shifts are worked over 30 calendar days).

21. Monthly Insurance Contribution
The City shall contribute up to $1294 per month toward the payment of premiums for eligible employees and dependents under the existing health, dental, and optical insurance programs. Any contribution necessary to maintain benefits under any insurance program in excess of the City’s monthly contribution shall be borne entirely by the employee.

Effective February 1, 2022, the City shall contribute a monthly allowance toward the payment of premiums as follows:

Employee Only Employee +1 Family
February 1, 2022 $1294 $1419 $1469
January 1, 2023 $1294 $1419 $1469
January 1, 2024 $1319 $1419 $1469
A. Medical opt-out
Any employee who can certify that he/she is insured under another health plan, which has equal or better coverage than the City’s plan, may elect to receive $500.00 per month in lieu of participation in the City’s health program. Any employee who can certify that he/she is also insured under other dental and vision plans having equal or better coverage than the City’s plans, may elect to receive an additional $200.00 per month in lieu of participation in the City’s dental and vision programs, for a total of $700.00 per month of compensation in lieu of health, dental and vision insurance plan participation.

22.Optical Plan
The City agrees to make available an optical plan to employees and dependents.

Participation in this plan shall be at the option of the employee. Employees electing to participate in this plan may apply excess funds from the City's medical insurance contribution towards the premium payment of the optical plan. Any additional cost in excess of the City's medical contribution shall be borne by the employee.

DocuSign Envelope ID: B6B9206C-3374-4DC2-A58E-A57515480D46

15 23.Term Life Insurance
After an employee has worked for 60 days on the City’s payroll, the City will provide that employee with term life insurance and accidental life and dismemberment policies. The amount of coverage will be based on one and one-half times the annual salary up to a maximum of $75,000 of coverage.

24.Physical Examination
The City agrees to pay a licensed physician/clinic selected by the City a fee not to exceed $370 for a physical examination. The City will pay for this physical examination according to the following schedule:

Age Frequency
Up to 30 Once every 4 years
30-39 Once every 3 years
40-49 Once every 2 years
50 and > Once per year
Prior to undergoing a physical examination, the employee must make a written request to the City Manager for approval of payment.

25.Retirees’ Medical Insurance
The City shall contribute to the premium cost for each employee and his/her spouse (or registered domestic partner) upon a regular service retirement as defined by Public Employees Retirement System law.

For employees hired before January 1, 1995, the insurance received for 10 years of service with the City, with a regular service retirement, shall be equal to and subject to the same conditions and plans provided to the active bargaining unit employees. City paid employee or spousal coverage shall continue while either the employee or spouse (or registered domestic partner) is alive, but shall terminate when the employee or spouse (or registered domestic partner) becomes eligible for Medicare, MediCal, or other public supported health insurance; or when coverage has been for a period equal to the number of years of the employee’s service to the City.

For employees hired on or after January 1, 1995, the following schedule shall apply for those employees retiring with a regular service retirement:

Years of service with the
City of Los Alamitos
% of active employee
benefit
10 50
11 55
12 60
13 65
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16 14 70
15 75
16 80
17 85
18 90
19 95
20 or > 100
The City paid employee or spousal coverage shall continue while either the employee or spouse (or registered domestic partner) is alive, but shall terminate when the employee or spouse (or registered domestic partner) becomes eligible for Medicare, MediCal, or other public supported health insurance; or when coverage has been for a period equal to the number of years of the employee’s service to the City.

Employees retiring under a regular service retirement shall be allowed to participate in the City's dental and life insurance policies at their expense. Failure to reimburse the City within 30 days will result in the termination of this coverage.

Employees retiring under a disability retirement, whether industrial or non-industrial, shall:

A. Not be allowed to participate in the City’s dental and life insurance policies; but shall be entitled to
B. The amount the City is contractually obligated by the Public Employees’ Retirement System to pay to retirees.

26.Deferred Compensation
Members may take loans, including mortgage loans, against their deferred compensation balances to the extent allowed by law. It shall be the sole responsibility of the individual member to understand the potential tax ramifications associated with such a loan. The City will execute paperwork with the Deferred Compensation carriers to ensure that it will no longer be a requirement to obtain prior approval from the City before obtaining such a loan.

27.Education Reimbursement
All bargaining unit employees are eligible for reimbursement by the City for textbooks, tuition and fees in connection with educational endeavors. Tuition reimbursement shall not exceed four thousand dollars ($4,000.00) per fiscal year for undergraduate college studies, or three thousand dollars ($3,000.00) for post-graduate studies per fiscal year.

Only those courses which have a bearing on the employee's position with the City will be considered by the City Manager for reimbursement. The City shall reimburse the employee for 100% of the rental cost of the textbook if the employee rents the textbook; or 25% of the purchase price of the textbook if the employee purchases the textbook.

DocuSign Envelope ID: B6B9206C-3374-4DC2-A58E-A57515480D46

17 In order to be reimbursed, an employee must submit a request for reimbursement to the City Manager via the Chief of Police, for final approval. The request must be in writing and include the name of the school, the course title and the costs of enrollment and textbooks, and the reasons why the course is beneficial to the employee and City. The request will then be forwarded to the City Manager for final approval.

The employee will pay for all costs for the approved course. In order to be reimbursed, an employee must submit proof of successful completion of the course. In graded courses, a letter grade of C or better is required; in a pass/fail course, a pass is required; and in a credit/no credit course, a credit is required.

An employee must also submit receipts for tuition and textbook expenses. These will then be processed through the Finance Department.

Each employee shall be limited to no more than four (4) reimbursements per fiscal year.

Employees who utilize the City’s Tuition/Education/Textbooks Reimbursement program understand if they leave the City within 5 years of a reimbursement, they will be required to repay the tuition costs based on the following schedule: 100% within the first year of receiving that reimbursement;; 80% within the second year; 60% within the third year; 40% within the fourth year; 20% within the fifth year. This schedule shall apply to those reimbursements received after this MOU has been ratified by both parties. If an employee separates from employment due to injury (industrial or non-industrial) or retirement, he/she will be exempt from repayment.

28.Educational Incentive
Effective January 30, 2022, employees can earn educational incentive bonus pay at the following rate:

POST Intermediate Certificate $110.00 per month
POST Advanced Certificate $200.00 per month
A.A. Degree $150.00 per month
B.A./B.S. Degree 5% per month
Masters Degree 7% per month
An employee may not earn educational incentive pay for both a degree and a POST certificate, but shall be entitled to the greater of the two. For example, an employee with a B.A./B.S. Degree and an Advanced POST CERTIFICATE would receive a total Educational Incentive payment of 5% of their base pay per month.

29.Retention-Performance Bonus
Effective January 30, 2022, upon completion of ten (10) years of sworn law enforcement service, including at least five (5) years of service at Los Alamitos Police Department, an employee will be eligible to receive a $5,000 retention-performance bonus for each evaluation thereafter where he/she earns at least a meets expectations (or equivalent) DocuSign Envelope ID: B6B9206C-3374-4DC2-A58E-A57515480D46

18 rating on his/her performance evaluation. The parties understand that this retentionperformance bonus is not PERSable and will not be reported as pensionable compensation.

30.Uniform Allowance
A. Description
Effective January 1, 2019, every member of the Association who has completed 12 months of service to the Department will receive one thousand dollars ($1,000.00) annually for the purchase or maintenance of uniforms and patrol duty gear approved by the Department. New members of the Association will receive one thousand dollars ($1,000.00) upon hire for purchase of uniforms and patrol duty gear approved by the Department and will be eligible for the annual disbursement every January, following 12 months of service. Employees completing their 12 months of service after January 1st shall have their uniform allowance pro-rated to the first whole month of work. (ex. 12 month completed Feb 5th, officer receives pro-rated payment of 10 months) Payment of this annual allowance shall be made through the City’s payroll register the first full pay period of January each calendar year.

1. It is the mutual intent of the parties that this allowance shall be utilized solely for the purpose of purchasing, replacing, repairing, and maintaining patrol duty gear, uniforms, and clothing worn in the line of duty. The City will continue to replace or repair patrol duty gear, uniforms, and clothing damaged in the line of duty including safety equipment required by state law, City resolution or ordinance, or by order of the Chief of Police.
(a) All replaced uniforms and patrol duty gear must be turned in to the Operations Captain or designee upon receipt of the replacement uniform or patrol duty gear.

3. PERS Reporting of Uniform Allowance - The City shall report to the California Public Employees' Retirement System (CalPERS) the uniform allowance for each sworn officer as special compensation in accordance with Title 2, California Code of Regulation, Section 571(a)(5). Notwithstanding the previous sentence, for "new members" as defined by the Public Employees' Pension Reform Act of 2013, the uniform allowance will not be reported as compensation earnable to CalPERS.

B. Equipment
The Department will continue to provide ballistic vests for each officer, and equipment approved by the Department for Special Assignments.

DocuSign Envelope ID: B6B9206C-3374-4DC2-A58E-A57515480D46

19 1. Motorcycle Assignment
Motorcycle officers shall receive one pair of protective riding pants and one protective riding jacket at the time of assignment. After initial issue, replacement riding pants and jacket may be issued on the recommendation of the Operations Captain with approval of the Chief of Police.

All Motorcycle Assignment protective uniforms and equipment must be turned in upon completion of the assignment or when the replacements are received.

2. SWAT Assignment
SWAT officers shall receive (1) Uniform Shirt and (1) Uniform Pants at the time of assignment. After initial issue, replacement SWAT shirt and pants may be issued on the recommendation of the Operations Captain with approval of the Chief of Police.

All SWAT uniforms and equipment must be turned in upon completion of the assignment or when the replacements are received.

31.Field Training Officer Pay
Effective January 30, 2022, employees assigned to serve as Field Training Officers by the Chief of Police shall receive additional compensation of $1.75 per hour while they are performing said assignment.

32.Bilingual Pay
Effective January 30, 2022, and upon written designation by the City Manager, and based on the needs of each Department, bargaining unit employees shall receive additional monthly compensation after providing the City with evidence deemed appropriate by the City of ability to provide competent oral and/or written translation services for a second language.

An employee demonstrating both oral and written bilingual competency through means of City examination in a language approved by the City as a business necessity shall receive $50 per month. An employee who demonstrates bilingual competency in more than one language shall only receive $50 per month.

Bilingual compensation shall be available to those employees whose duties include enforcement, public counter or reception responsibilities, or as otherwise determined by the City to be a business necessity. Requests for bilingual compensation shall be considered and approved at the discretion of the City Manager. Approvals shall be commensurate with the needs of the respective City Department. If more than one employee is eligible for bilingual compensation beyond the needs of the City and/or Department, the employee with the highest score on the examination shall receive the bilingual pay.

DocuSign Envelope ID: B6B9206C-3374-4DC2-A58E-A57515480D46

20 Any employee receiving this bilingual compensation shall perform those bilingual related translation duties as required by any City supervisor. Should an employee receiving this bilingual compensation fail to perform those bilingual related translation duties as required by any City supervisor, then the employee is subject not only to disciplinary action, but said employee shall also be subject to elimination of his/her bilingual compensation pay.

33.Retirement
Retirement benefits are provided for Safety personnel under the 3% at 50 Plan of the Public Employees Retirement System and the Level 4 of the 1959 Survivor Benefit. The City shall pay the employer share of the CalPERS retirement contribution as actuarially determined by CalPERS for each fiscal year covered by the Agreement for the 3% at 50 retirement benefit level.
“New” members of PERS shall be placed in the 2.7@57 retirement tier. They shall pay the statutorily required contribution rate as defined in California Government Code Section 7522.30 (PEPRA) and determined by PERS. This rate shall be one half (1/2) of the normal cost of the benefit. “New” members are defined in California Government Code Section 7522.04 (PEPRA). “Legacy” members shall be those members not deemed to be “new” members.
“Legacy” members pay 100% of the mandated CalPERS member contribution, which is 9% of compensation.

At no time during this agreement will the employee be responsible for any part of the City’s contribution to the Public Employees Retirement System. Commencing January 1, 2018 for “legacy” members, and January 1, 2013 for “new” members, at no time will the employer be responsible for paying any part of the employee contribution to the Public Employees Retirement System.

Employees qualify for minimum retirement benefits after five years of service and 50 years of age. Retirement benefits for legacy members of PERS will be based on the highest twelve months of pensionable compensation as well as employee’s age and length of service. Retirement benefits for “new” members of PERS will be based on the highest 36 consecutive month’s pensionable compensation as well as the employee’s age and length of service.

34.Industrial Disability Retirement
Upon an Industrial disability retirement, resulting directly from a physical injury suffered while on duty, a sworn employee shall receive a monthly payment directly from the City in accordance with the following provisions:

A. The amount of the monthly payment will be determined based upon the employee’s age on the effective date of the industrial disability retirement.

DocuSign Envelope ID: B6B9206C-3374-4DC2-A58E-A57515480D46

21 B. The monthly payments shall cease upon the occurrence of the earliest of the following events: (1) cancellation of the retiree’s industrial disability retirements; (2) the retiree becoming 65 years old; or (3) the death of the retiree.

C. The City shall provide a cost-of-living increase in the monthly payments on January 1 of each year, beginning with January 1 2002, equal to the annual percentage increase in the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index, Subgroup “all items”, 1982-84=100 for All Urban Consumers (CPI-U) Los Angeles-Riverside-Orange County California during the year if the annual percentage increase is less than or equal to 5%. If the annual percentage increase is greater than 5%, the costof-living increase in the monthly payments shall be 5%. The annual percentage increase shall be calculated using the October to October indexes.

D. Effective January 1, 2001, the monthly payments shall be as follows:

E. The monthly payments shall only be made for industrial disability retirements which are granted after December 31, 2000.

35.Mileage Reimbursement
Those employees utilizing their own vehicle for City business shall not be reimbursed.

36.Grievance Procedure
The purpose of this grievance procedure is to provide employees covered by the agreement the broadest possible opportunity to resolve work related problems through an effective administrative procedure. The Association and the City recognize a mutual obligation to faithfully uphold the spirit and purpose of the grievance procedure.

A. Policy

1. Employees have the right to use this grievance procedure without fear of reprisal.

No negative employment action will be taken against any employee as a result of the use of this grievance procedure.

Age of Effective Date of Disability Retirement Monthly Payment Under 30 years of age $ 100
30-39 years of age $ 150
40-49 years of age $ 200
50-54 years of age $ 250
55 years of age and over $ 300
DocuSign Envelope ID: B6B9206C-3374-4DC2-A58E-A57515480D46

22 2. Employees may represent themselves or select whomever they wish to represent them at any or all steps in the grievance procedure.
a. The employee may utilize the assistance of a P.O.A. representative in the investigation, preparation, and presentation of a written grievance. b. Employees may have no more than one City employee and one non-City employee as representatives for grievance hearings.
c. Notwithstanding any other provision of this agreement, an employee may not select a supervisor in the direct chain of command, as a representative, except that a supervisor may select another supervisor as a representative.

3. Grievances may be initiated by the employee, or by a formally recognized employee organization, on the employee’s behalf or by the recognized employee organization for this unit on its own behalf.

4. The grievant’s first contact regarding job and working conditions is with the immediate supervisor and supervisors shall attempt to settle grievances informally at this level.

5. A grievance will normally be presented and processed on City time, and a grievant attending a grievance meeting in his/her own behalf on City time will not lose pay.

In scheduling the time, place and duration of any grievance meeting, the grievant and Management will give due consideration to all the participant’s responsibilities in the essential operations of the department. Management has the unequivocal right to schedule hearings as convenient. Hearings may or may not be held during an employee’s normal shift. No overtime pay will be given to the grievant, if the meeting is held during their normal work hours. Representatives, witnesses, or other participants will receive compensation, including overtime pay where applicable, if ordered to be present by the appointing authority, during normal hours off.

6. Waivers and Time Limits.
a. Failure by Management to reply to the grievance within the time limits specified automatically processes the grievance to the next level. b. Any level of review, or any time limits established in this procedure, may be waived or extended for good cause and only by mutual agreement confirmed in writing.
c. If grievant fails to appeal from one level to the next level, within the time limits established in this grievance procedure, the grievance shall be considered settled on the basis of the last decision and the grievance shall not be subject to further appeal or reconsideration.
d. By mutual agreement, the grievance may revert to a prior level for reconsideration.
e. If a grievant fails to appear for a scheduled grievance meeting, such failure without excuse approved by the appointing authority shall entitle Management to decide on the grievance without the presence of the DocuSign Envelope ID: B6B9206C-3374-4DC2-A58E-A57515480D46

23 grievant, or the schedule of another meeting at the level (in which case the time requirements for hearing and decision are automatically waived).

Failure to appear at two meetings on the same grievance without an approved excuse automatically terminates that grievance and it is deemed denied. The grievance shall then not be subject to further appeal or reconsideration.
f. When a grievant is on approved leave, the time limits established in this procedure shall be suspended for the period of the leave. g. No grievance shall be finally dismissed for an unexcused failure to appear at a scheduled hearing unless the grievant had been given 24 hours notice of the hearing.

7. The grievant shall pursue all claims of violation of this MOU through the grievance procedure. The grievant will not resort to other remedies until all steps of the grievance procedure have been exhausted. If the grievant reasonably feels that an employee has suffered immediate and irreparable harm, the grievant may directly contact the City Manager’s Office to seek a resolution prior to pursuing remedies outside of the City. Such contact will be considered to have exhausted the grievance procedure in these cases.

B. Definitions

1. A grievance is a claim or charge of misunderstanding, or difference in interpretation of the Personnel Manual, this Memorandum of Understanding, or management policy or regulations including but not limited to Administrative and Departmental Regulations, which affect wages, hours or other terms and conditions of employment.

2. Actions which are not grievable shall not preclude employees or their representatives from consulting with Management about the practical consequences such actions may have on wages, hours, and other terms and conditions of employment. In addition, actions covered by another appeals process as described in the Personnel Manual, or this Memorandum are not grievable and shall not be processed through this grievance procedure.

3. If the grievance system is abused by an unreasonable number of submittals by one individual or group obviously designed to thwart orderly processing or if the grievances are patently irrelevant, or incomprehensible, they shall be rejected as “non-grievable” and returned to the grievant.

C. Procedures

1. General
a. Management of the department has the responsibility to inform the grievant of any limitation of a given level of Management’s authority to fully resolve the grievance. In this regard, Management shall:
i. Supply the grievant with the necessary information to process the grievance to the proper agency or authority.

DocuSign Envelope ID: B6B9206C-3374-4DC2-A58E-A57515480D46

24 ii. Advise the grievant when any matter under submission is determined by Management as not grievable according to the definitions in Section B above. The “grievance” paperwork submitted by the grievant shall be returned to the grievant along with a memorandum explaining why the matter is not grievable and what alternative procedures, if any, the grievant may follow to process his/her complaint.
b. When a group of identical grievances develop, only one grievance form shall be submitted. The grievants may select not more than two (2) spokespersons who thereafter will be their representative “grievants.” The acceptance of he decision by the spokespersons at any step (or final decision if the grievance moves to the fifth step) will be binding on all parties. c. A grievance shall be recognized if it is brought to the attention of the immediate supervisor either formally or informally within twenty one (21) calendar days of the incident’s occurrence.
d. If the grievance is between the employee and the immediate supervisor, or where an upper level supervisor has made a decision on the subject of the dispute, the initial step may be to the level above the level making the decision. The upper level supervisor shall have the discretion to remand the grievance to a lower level supervisor as the initial grievance step. Such remand shall be in writing.
e. To be recognized, a grievance must state the nature of the problem and remedy sought by the grievant. In the event that the grievance is rejected for failure to clearly identify the problem or remedy, it may be amended by the grievant or P.O.A.

2. Steps
Step 1: At the grievant’s sole option, grievances may be presented to the supervisor either orally or in writing. If the complaint is presented orally, the procedure is informal and may be settled by an oral answer given within fourteen (14) calendar days. If the grievance is presented in writing, the procedure is formal and the answer must be given in writing within fourteen (14) calendar days after submission.

The written grievance must be clearly and precisely detailed including the specific grounds for the grievance, a listing of MOU articles or other City procedures that were allegedly violated, and the remedies sought. Grievances that fail to meet these requirements shall not be disqualified, but shall be returned to the grievant for compliance with the foregoing requirements. In such cases, the written answer must be given within fourteen (14) calendar days after resubmission of the grievance.

Step 2: If the problem cannot be solved at Step 1, the grievant may present the complaint in writing to the second level supervisor (if not done at Step 1) within fourteen (14) calendar days. Within twenty-one (21) DocuSign Envelope ID: B6B9206C-3374-4DC2-A58E-A57515480D46

25 calendar days of the receipt of the grievance, a hearing shall be held and the Management representative shall give a written decision to the grievant.

Step 3: If the problem cannot be solved in Step 2, the grievant may present the grievance to the Chief of Police within fourteen (14) calendar days. Within twenty-one (21) calendar days of the receipt of the grievance, a hearing shall be held and Chief of Police shall give a written decision to the grievant.

Step 4: Final resolution of Grievance: If the grievance is still in dispute after Step 4, the grievant may request a further hearing, which at the discretion of the Management team will take place before the City Manager or his designee, by submitting the grievance within fourteen (14) calendar days. Within forty-five (45) calendar days of receipt of the appeal from Step 3, a hearing shall be held and the City Manager shall give a written decision to the grievant. If the City Manager’s office does not render a decision within forty-five (45) calendar days of receipt of the appeal from Step 3, and if there is no waiver of the time limits, the grievance will be decided in favor of the grievant. The grievant may only request a hearing before the Personnel Appeals Commission in matters solely involving the Personnel Manual.

Step 5: The grievant may formally request to continue the grievance, not later than ten (10) days following receipt of the answer at the final step of the grievance procedure (provided it was heard by the City Manager), by serving written notice upon the Management Team.

The Management Team will refer the grievance to the City Council for hearing and decision.

37. Peaceful Performance
Apart from, and in addition to, existing legal restrictions on work stoppages, the Association hereby agrees that neither it, nor its officers, agents or representatives shall incite, encourage, or participate in any strike, sympathy strike, walkout, slowdown, speedup, sick-out, or other work stoppage during the life of this Agreement for any cause or dispute whatsoever. In the event of work stoppage or disruption as enumerated above, the Association, its officers, agents, and representatives shall do everything in their power to end or avert the same. Violation hereof will subject the violator to legal and equitable judicial relief.

Any employee engaging in or assisting any work stoppage or disruption as enumerated above, or refusing to perform duly assigned work shall be subject to discipline up to and including termination. The City reserves the right to selectively discipline employees hereunder.

DocuSign Envelope ID: B6B9206C-3374-4DC2-A58E-A57515480D46

26 It is understood that violation of this article by the Association will warrant the withdrawal of any rights, privileges or services provided in this Agreement and/or legal action by the City for redress and/or damages.

The inclusion of this article in this contract shall in no way be deemed to stop the City from seeking any form of legal, equitable, or administrative relief to which it may be entitled during the term of this contract.

38. Construction
Nothing contained in this Memorandum of Understanding, or any attachment thereto, is intended to, in any way, modify, interpret, construe, or change existing or future law which may cover the topic. For purposes of the reference, law shall include the Federal and California Constitutions and all relevant Federal and California statutes, and all final appellate court decisions of competent jurisdiction on the issue. References contained herein to matters covered by law are included simply for the purpose of drawing the attention of the parties to legal requirements related to City employees and the government of the City.

39.Full Understanding, Modification, Waiver
It is intended that this Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.

Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to negotiate with respect to any subject or matter covered herein during the term of this Agreement.

Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties, hereto, and if required, approved and implemented by the City Council.

The waiver of any breach, term, or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.

40.Savings Clause
This Memorandum of Understanding is subject to all applicable Federal, State, and City laws, ordinances, resolutions, and any lawful rules and regulations enacted by the City Council. If any part or provision of the Memorandum of Understanding is in conflict or inconsistent with such applicable provisions of Federal, State, or City laws, ordinances, resolutions, or is otherwise held to be invalid or unenforceable by any tribunal of DocuSign Envelope ID: B6B9206C-3374-4DC2-A58E-A57515480D46

27 competent jurisdictions, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this Memorandum of Understanding shall not be affected thereby.
_______________________________ _________________________________ Shelley Hasselbrink, Mayor Shaun Krogman, President
City of Los Alamitos Los Alamitos Police Officers Association Approved as to Form: Attest:
______________________________
Michael S. Daudt, City Attorney
________________________________
Windmera Quintanar, MMC, City Clerk
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28 Page intentionally left blank
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EXHIBIT B
Los Alamitos POA MOU 2021-2023

MONTHLY SALARY RANGES
Effective January 30, 2022

2.50% Increase
Classification Step A Step B Step C Step D Step E
Officer 6,985 7,332 7,697 8,086 8,488
Corporal 7,520 7,897 8,292 8,707 9,142
Sergeant 8,677 9,110 9,566 10,043 10,546
Effective the first full pay period commencing on or after July 1, 2022

2.50% Increase
Classification Step A Step B Step C Step D Step E
Officer 7,160 7,516 7,890 8,289 8,700
Corporal 7,708 8,095 8,500 8,925 9,370
Sergeant 8,894 9,337 9,805 10,294 10,809
Effective the first full pay period commencing on or after July 1, 2023

2.50% Increase
Classification Step A Step B Step C Step D Step E
Officer 7,339 7,703 8,088 8,497 8,916
Corporal 7,901 8,297 8,713 9,149 9,604
Sergeant 9,116 9,571 10,050 10,551 11,079
DocuSign Envelope ID: B6B9206C-3374-4DC2-A58E-A57515480D46

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 21, 2023 ITEM NUMBER: 10G
To: Mayor Tanya Doby & Members of the City Council
Presented By: Emeline Noda, Director of Recreation & Community Services Subject: Amendment No. 1 with Fireworks and Stage FX America, Inc. for Public Fireworks Display

SUMMARY
This report allows for a change to the contract with Fireworks and Stage FX America, Inc. to reflect July 3 as the date for the City's annual fireworks display.

RECOMMENDATION
Authorize the Mayor to execute Amendment 1 to the Professional Services Agreement with Fireworks and Stage FX America, Inc. to reflect the new event date of July 3.

BACKGROUND
An agreement was entered into between the City of Los Alamitos and Fireworks and Stage FX America, Inc. on April 19, 2021 to provide fireworks displays at the City’s 4th of July Fireworks Spectacular Displays through the year 2025. At the November 14, 2022 meeting, Council voted to change the 4th of July Fireworks Spectacular date to July 3 moving forward, resulting in the need to amend the contract to reflect the change.

DISCUSSION
Due to a joint decision between the City and the Joint Forces Training Base to move future 4th of July Fireworks Spectacular events to July 3, a contract amendment is required with the fireworks display vendor. Staff has received confirmation from Fireworks and Stage FX America, Inc. that the change can be accommodated. Amendment 1 will reflect the date change.

FISCAL IMPACT
There is no additional cost to change the event date.

Attachment: 1. Amendment 1 - Fireworks and Stage FX America, Inc (2023)

2. Professional Services Agreement - Fireworks and Stage FX America, Inc (2020)

1277059.1
AMENDMENT No. 1 TO FIREWORKS DISPLAY AGREEMENT
Fireworks and Stage FX America, Inc.

This Amendment No. 1 to Fireworks Display Agreement (“Amendment”) is made and entered into on this 21 day of February, 2023 by and between the City of Los Alamitos, a California charter city and municipal corporation, (“City”) and, Fireworks and Stage FX America, LLC, a California Corporation, dba Fireworks America (“FA”).

RECITALS
A. City and FA entered that certain Fireworks Display Agreement for firework display services on April 19, 2019 (“Agreement”), which is incorporated herein by this reference.

B. City and FA desire to amend the Agreement to adjust the scheduled date for the fireworks display from July 4 to July 3, subject to the terms and provisions of this Amendment.

NOW, THEREFORE, City and FA mutually agree as follows:

1. Section 2 of the Agreement is hereby amended and restated in its entirety to read as follows:
“2 Time and Place
The Display shall take place on July 3rd (“Scheduled Date”), at approximately 9:00 p.m. (“Scheduled Time”), at the Joint Forces Training Base located at 11200 Lexington Avenue, Los Alamitos, CA (“Site”). The Display will be under the direct supervision and control of a lead FA pyrotechnician as set forth in Paragraph 3. It is agreed that FA shall be the exclusive fireworks supplier and producer for the Display contracted for herein. CITY reserves the right to determine the actual start and stop time of the Display.”

2. Except as expressly modified above, all terms and conditions of the Agreement shall remain unchanged and in full force and effect.

3. The persons executing this Amendment on behalf of the parties hereto warrant that they are duly authorized to execute this Amendment on behalf of said parties and that by so executing the parties are formally bound to the provisions of this Amendment.

1277059.1
IN WITNESS WHEREOF, the Parties have executed and entered into this Amendment as of the date first written above.
“City”
City of Los Alamitos
By:_______________________________
Tanya Doby
Mayor
APPROVED AS TO FORM.

Woodruff, Spradlin & Smart, APC
By:__________________________________
Michael S. Daudt
City Attorney
ATTEST:

By:_______________________________
Windmera Quintanar, CMC
City Clerk
“FA”
Fireworks and Stage FX America, LLC
By:_______________________________
Kevin T. Brueckner
President
By:_______________________________
Scott Danielson
General Manager

DocuSign Envelope ID: A76280E0- 72824DA9- 9C45- B4F9EC95ABB5

FIREWORKS DISPLAY AGREEMENT
Fireworks and Stage FX America, Inc.

THIS FIREWORKS DISPLAY AGREEMENT ( the " Agreement") is made, entered into, and effective this 11 day of June 2020, by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation (" City"), and FIREWORKS AND STAGE FX AMERICA, LLC., a California limited liability company, dba FIREWORKS AMERICA (" FA").

RECITALS
A. FA designs, produces, and conducts public fireworks displays; and B. City desires to engage FA to design, produce and perform a public fireworks display on July 4, 2020, pursuant to the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the terms, conditions, and covenants contained herein, both parties hereto do mutually agree as follows.

AGREEMENT

1. Engagement. City hereby engages FA to provide to City one public fireworks display Display"), and FA accepts such engagement upon all of the promises, terms and conditions hereinafter set forth.

1. 1 FA Duties. FA shall provide all pyrotechnic equipment, trained pyrotechnicians, shipping, pyrotechnic products, application for specific pyrotechnic permits ( the cost of which, including standby fees, shall be paid by City) relating to the Display, and insurance covering the Display. Subject to Paragraph 18, FA shall provide the Display in substantial conformance with the duration, quantities and format outlined in the Scope of Work, a copy of which is attached hereto as Exhibit " A" and is incorporated herein by this reference and made a part of this Agreement as though set forth fully herein. In the event of any inconsistency between the terms contained in Exhibit " A" and the terms set forth in the main body ofthis Agreement, the terms set forth in the main body of this Agreement shall govern.

1. 2 City Duties. City shall provide the Site, as defined in Paragraph 2, for the discharge of the Display, access to the Site, security for the Site as set forth in Paragraph 11, and any authorization necessary for FA to utilize the Site for the Display.

1. 3 FA Performance. As a material inducement to the City entering into this Agreement, FA acknowledges and understands that the Display contracted for under this Agreement requires specialized skills and abilities and that, consistent with this understanding, FA represents and warrants that it shall conduct the Display and perform all related services and work under this Agreement in a skillful and competent manner, and that it shall be held to a standard of quality and performance prevalent in the pyrotechnic industry for such Display service and work and with the standards recognized as being employed by contractors in the pyrotechnic field in the State of California. FA further represents and warrants that it is skilled in the field of public 1492110, 2

DocuSign Envelope ID: A76280E0- 7282- 4DA9- 9C45- B4F9EC95ABS5 fireworks displays and that it holds the necessary skills and abilities to satisfy the standard of quality and performance as set forth in this Agreement. FA further represents and warrants that it and all of its employees and subcontractors, if approved, providing services under this Agreement shall have sufficient skill and experience to perform the Display services and work assigned to them. All Display services and work shall be completed to the reasonable satisfaction of the City.

1. 4 Term. This Agreement shall commence upon the effective date of this Agreement and continue in full force and effect until completion of all Display services and work.

2. Time and Place. The Display shall take place on July 4, 2020 (" Scheduled Date"), at approximately 9: 00 p.m. (" Scheduled Time"), at the Joint Forces Training Base located at 11200 Lexington Avenue, Los Alamitos, CA (" Site"). The Display will be under the direct supervision and control of a lead FA pyrotechnician as set forth in Paragraph 3. It is agreed that FA shall be the exclusive fireworks supplier and producer for the Display contracted for herein. City reserves the right to determine the actual start and stop time of the Display.

3. Lead Pvrotechnician.

3. 1 Experience. The Display shall be conducted by and discharged under the direct supervision and control of a lead FA pyrotechnician that: ( i) has a minimum of three years of experience providing public fireworks displays; and/ or ( ii) has successfully provided no less than ten public fireworks displays.

3. 2 Verification of Credentials. FA shall furnish City with the name of the lead FA pyrotechnician responsible for the Display, a copy of his/ her Basic Commercial or Special Effects V Class License, and a written summary of his/her prior experience and credentials. FA shall provide the documentation required by this Paragraph to the City by no later than June 12, 2020.

4. Fees, Interest, and Expenses.

4. 1 Fee. City agrees to pay FA a fee of 532, 000. 00 ( Thirty Two Thousand Dollars) Display Fee") for the Display. City shall pay to FA $ 8, 000. 00 ( Eight Thousand Dollars) of the Display Fee as a deposit (" Deposit") upon execution ofthis Agreement by both parties. Except as otherwise provided below, the balance of the Display Fee shall be paid by City no later than July 31, 2020.

4. 2 Interest. In the event that the Display Fee is not paid in a timely manner, City will be responsible for the payment of 1. 5% interest per month or 18% annually on the unpaid balance.

4. 3 Expenses. FA shall pay all normal expenses directly related to the Display including, but not limited to, freight, insurance as set forth herein, pyrotechnic products, pyrotechnic equipment, experienced pyrotechnic personnel to set up and discharge the pyrotechnics, and those additional items outlined as FA' s responsibility under this Agreement.

City shall pay all costs related to the Display not supplied by FA including, but not limited to, all governmental fees and taxes, including sales, use, excise, license, permit, entertainment, or other fees, taxes or surcharges imposed or otherwise applied to the Display. 2 1492110. 2

DocuSign Envelope ID: A76280E0- 7282- 4DA9- 9045-B4F9EC95ABB5

5. Force Majeure. City agrees to partially assume the risks of weather, strike, civil unrest, terrorism, military action, governmental action, pandemic, and other causes beyond the control of FA or City, which may prevent the Display from being safely discharged on the Scheduled Date, including, but not limited to, State or County Health orders restricting the City' s ability to conduct the Display or the public' s ability to gather and observe the Display. If, for any such reason, the City cancels its 2020 Fourth of July celebration and Display and/ or FA is not reasonably able to safely discharge the Display on the Scheduled Date, City may: ( i) reschedule the Display on a mutually agreed upon date occurring no later than September 6, 2021, pay to FA any applicable cancellation fees as provided in Subsection 5. 1, and the balance of the Display Fee within 15 business days of completion of the rescheduled Display; or (ii) cancel the Display, pay to FA any applicable cancellation fees as provided in Subsection 5. 1, forfeit the Deposit, and be relieved of any obligation to pay to FA the balance of the Display Fee.

5. 1 COVID- 19 Pandemic Cancellation Fee( s): If the City cancels its 2020 Fourth of July celebration and Display in response to the COVID- 19 pandemic it shall pay to FA: ( i) no additional fees, if the City notifies FA of the cancellation at least 15 days prior to the Scheduled Date; $ 1, 300. 00 ( One Thousand Three Hundred Dollars), ifthe City notifies FA ofthe cancellation less than 15 days prior to the Scheduled Date; or $ 3, 975. 00 ( Three Thousand Nine Hundred Seventy Five Dollars), if the City notifies FA of the cancellation on or after July 3, 2020.

6. Rescheduling. City shall have the option to unilaterally reschedule the Display at any time prior to the Scheduled Date. Except as provided otherwise in Paragraph 5, if City elects to reschedule the Display, it shall pay to FA the balance of the Display Fee within 15 business days of completion of the rescheduled Display plus: ( i) 5% of the Display Fee, or $ 1, 600. 00 ( One Thousand Six Hundred Dollars), ifthe City notifies FA of the request to reschedule before 12: 00 a.m. on July 3, 2020; or ( ii) 15% of the Display Fee, or $ 4, 800. 00 ( Four Thousand Eight Hundred Dollars), ifthe City notifies FA ofthe request to reschedule on or after 12: 00 a.m. on July 3, 2020.

The Display shall be rescheduled on a mutually agreed upon date occurring no later than six months from the Scheduled Date.

7. Right to Cancel, Substantial Delay or Postponement.

7. 1 Right to Cancel. City shall have the option to unilaterally cancel the Display at any time prior to the Scheduled Date. If City elects to cancel the Display prior to the Scheduled Date for any reason other than force majeure pursuant to Paragraph 5, FA' s inability to perform as a result ofoperator error, or malfunction or failure ofpyrotechnic equipment or materials as provided in Paragraph 7. 2( C), or FA' s failure to fulfill its obligations under this Agreement, FA shall retain the Deposit, and the City shall pay to FA as liquidated damages: ( i) 50% of the balance of the Display Fee, or $ 12, 000. 00 ( Twelve Thousand Dollars), if the City notifies FA of the cancellation at least 30 days prior to the Scheduled Date; ( ii) 75% of the balance of the Display Fee, or 18, 000. 00 (Eighteen Thousand Dollars), ifthe City notifies FA of the cancellation 15 to 29 days prior to the Scheduled Date; or ( iii) 100% ofthe balance ofthe Display Fee, or $24, 000. 00 ( Twenty Four Thousand Dollars), if the City notifies FA of the cancellation less than 15 days prior to the Scheduled Date.
1492110. 2

DocuSign Envelope ID: A76280E0- 7282-4DA9- 9C45-B4F9EC95ABB5

7.2 Substantial Delay or Postponement. Both parties agree that the City will suffer damages as a result of any substantial delay or postponement ofthe Display resulting from operator error, or malfunction or failure of the pyrotechnic equipment or materials, and therefore agree to the following liquidated damages provisions:

A. If FA, as a result of operator error, or malfunction or failure of the pyrotechnic equipment or materials, is unable to start the Display within 5 to 15 minutes after the Scheduled Time, or if at any time after the Display has begun and is underway, there is/ are a gap( s) or break( s) in the program lasting 2 to 5 minutes in total, FA shall pay to the City as liquidated damages 20% of the Display Fee, or $ 6, 400. 00 ( Six Thousand Four Hundred Dollars).

B. If FA, as a result of operator error, or malfunction or failure of the pyrotechnic equipment or materials, is unable to start the Display more than 15 to 30 minutes after the Scheduled Time, or if at any time after the Display has begun and is underway, there is/ are a gap( s) or break( s) in the program lasting more than 5 to 15 minutes in total, FA shall pay to the City as liquidated damages 50% of the Display Fee, or $ 16. 000. 00 ( Sixteen Thousand Dollars).

C. If FA, as a result of operator error, or malfunction or failure of the pyrotechnic equipment or materials, is unable to start the Display for more than 30 minutes after the Scheduled Time, or at any time after the Display has begun and is underway, there is/ are a gap( s) or break( s) in the program lasting more than 15 minutes in total, the City, in its sole discretion, may cancel the Display without incurring any liability for payment to FA and without any obligation to reschedule the Display. In either event, it is expressly agreed that FA shall pay to the City as liquidated damages 100% of the Display Fee, or $ 32, 000. 00 ( Thirty Two Thousand Dollars).

8. Notice of Reschedulin¢ or Cancellation.

8. 1 Notice Prior to Scheduled Date. In the event that the City elects to reschedule or cancel the Display prior to the Scheduled Date, the City shall communicate its decision to Matt Biolchino of FA at mattgfireworksamerica. com and/ or by phone to ( 714) 875- 0307.

8.2 Notice on Scheduled Date. In the event that the City elects to reschedule or cancel the Display on the Scheduled Date, the City shall communicate its decision to Matt Biolchino of FA at mattcnr. fireworksamerica. com and/ or by phone to ( 714) 875- 0307. In addition, the City shall inform the lead FA pyrotechnician onsite of its decision as appropriate.

9. City Contract Officer. The City Manager, or their designee, shall be solely authorized to make decisions concerning this Agreement and the Display including, but not limited to, requests to reschedule or cancel the Display.

10. Safe . FA shall comply with applicable federal, state and local laws and regulations and employ safety policies and procedures, programs, protocols and other measures consistent with recognized applicable industry standards and practices. At all times before and during the Display, it shall be within FA' s sole discretion and control to determine whether or not the Display may be safely discharged or continued. It shall not constitute a breach of this Agreement by FA to 0 1492110. 2

DocuSign Envelope ID: A76280E0- 7282- 4DA9- 9C45- B4F9EC95ABB5 determine that the Display cannot be discharged or continued as a result of any conditions or circumstances affecting safety beyond the reasonable control of FA. Conditions or circumstances resulting from operator error, or malfunction or failure of the pyrotechnic equipment or materials shall not be deemed " beyond the reasonable control of FA" for purposes of this Paragraph and shall remain subject to the liquidated damages provisions set forth in Paragraph 7. 2.

11. Security City shall provide and maintain sufficient security personnel, barricades, and police services before, during and after the Display until the lead FA pyrotechnician declares the Site clear. The City shall also provide and maintain a shell casing fallout area clear of any buildings, cars and spectators with a minimum 800 -foot radius, or as may otherwise be specified by the current edition of National Firework Protection Association 1123: Code for Fireworks Display (" NFPA 1123"), as a Fire Safety Zone (" FSZ") from the time the fireworks are delivered to the Site until the lead FA pyrotechnician declares the Site clear. It is understood and agreed that FA will cease the discharge of all fireworks due to any security breach of the FSZ. FA shall not be responsible for personal injury, vehicle or property damage occurring within the FSZ as a result of the City's failure to maintain the 800 -foot radius FSZ clear of any buildings, cars, or spectators.

Furthermore, City shall be responsible for any property damage to the Joint Forces Training Base solely within the FSZ caused by ordinary fallout from the Display. City acknowledges and agrees that FA' s responsibilities are limited to the Display and that FA is relying on City to maintain the aforementioned FSZ and to comply with all Federal, State, and local laws, orders, regulations and ordinances pertaining to the implementation of any and all security measures at the FSZ. Any inspections of the FSZ by or on behalf of City made during setup of the Display shall be in accordance with the current edition of NFPA 1123, and under the direct supervision of the lead FA pyrotechnician. Any such inspection shall not interfere with the safety ofthe setup, discharge, or disassembly of the Display. The lead FA pyrotechnician may, at his/ her sole discretion, cancel any inspection that in his/ her opinion may compromise the safety of the setup, discharge, or disassembly of the Display.

12. Continuity. FA shall establish Display " continuity" ( i.e., test and confirm the functionality of electrically fired pyrotechnic lines, channels and circuits) by no later than 7: 00 p.m. on the Scheduled Date, or no less than two hours prior to the Scheduled Time as such time may be modified by the City.

13. Contract Subject to Government Regulation. This Agreement and FA' s obligations and FA's performance hereunder are subject to all applicable Federal, State, and local laws, rules, ordinances, regulations and codes, now or hereinafter in effect, and to the conditions and limitations contained in any necessary permits, as set forth in Paragraph 14 (" Display Permits").

In the event any Federal, State, or local law, rule, regulation or ordinance shall be enacted which in any way prohibits, limits or restricts the sale, performance or operation of the exhibition of the Display or in the event the Display Permits in any way limit or restrict the sale, performance or operation of said exhibition, FA shall limit or restrict its performance of the Display so as to comply with such law, rule, regulation or ordinance or limitation or restriction of Display Permits.

The City acknowledges that any such limit or restriction placed on the performance or operation ofthe Display shall in no way result in or entitle City to a reduction or abatement in the full contract price.
5 1492110. 2

DocuSign Envelope ID: A76280E0- 7282- 4DA9- 9C45- B4F9EC95ABB5

14. Permits. FA agrees to apply for permits for the firing of pyrotechnics from the Orange County Fire Authority, and if required, the FAA. The City shall be responsible for any fees associated with these permits, including standby fees. The City shall be responsible for obtaining any other necessary permits, paying associated fees, and making other appropriate arrangements for police services, other fire departments, road closures, event/activity or land use permits or any permission or permit required by any local, regional, state or federal government.

15. Cleanup. FA shall be responsible for the removal of all Display equipment and any live pyrotechnics from the Site. FA is responsible for the cleanup ofthe fireworks launching area. The City shall be responsible for cleaning the FSZ.

16. Insurance and Indemnification.

16. 1 Insurance. FA shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, in a form and content satisfactory to City, public liability and property damage insurance against any and all claims for injuries against persons or damages to property resulting from FA' s performance under this Agreement. FA shall also carry workers' compensation insurance in accordance with California workers' compensation laws.

Such insurance shall be kept in full force and effect during the term of this Agreement, including any extension thereof, and shall not be cancelable without thirty ( 30) days written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City of Los Alamitos and the Military Department of the State of California, their elected and appointed officials and officers, employees, agents, and volunteers as additional insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of FA' s obligation to indemnify City and the Military Department of the Sate of California, their elected and appointed officials and officers, agents, employees, and volunteers.

16. 1. 1 Minimum Scope of Insurance. The minimum amount of insurance required hereunder shall be as follows:

A. Comprehensive general liability and personal injury with limits of at least five million dollars ($ 5, 000, 000. 00) per occurrence, six million dollars ($ 6, 000, 000. 00) in the general aggregate, and six million dollars ($ 6, 000, 000. 00) for products and completed operations; the commercial general liability policy shall name the City of Los Alamitos and the Military Department of the State of California as additional insureds; B. Automobile liability insurance with limits of at least one million dollars 1, 000, 000. 00) per occurrence;
C. Workers' compensation insurance in the statutory amount as required by the State of California, and Employer' s Liability Insurance with limits of at least one million dollars ($ 1, 000, 000. 00) per accident for bodily injury or disease.

For any claims related to this Agreement, FA' s insurance coverage shall be primary insurance as respects City and the Military Department of the State of California, and their 0 14921102

DocuSign Envelope ID: A76280E0- 72824DA9- 9C45- B4F9EC95AB65 respective elected and appointed officials and officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City or the Military Department of the State of California and their respective elected officials, officers, employees, agents, and volunteers shall be in excess of FA' s insurance and shall not contribute with it. For workers' compensation and employer' s liability insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected and appointed officials and officers, employees, agents, and volunteers.

16. 1. 2 Sufficiency of Insurers. Insurance required herein shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A -:VII or better ( if an admitted carrier), or a current rating of A:X or better ( if offered by a non -admitted insurer listed on the State of California List of Eligible Surplus Lines Insurers ( LESLI), by the latest edition of A.M. Best' s Key Rating Guide, except that the City will accept workers' compensation insurance from the State Compensation Fund.

16. 1. 3 Verification of Coverage. FA shall furnish City with both certificates of insurance and original endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City by no later than June 12, 2020. City reserves the right to require FA' s insurers to provide complete, certified copies of all required insurance policies at any time.

Additional insured endorsements are not required for workers' compensation policies.

16. 1. 4 Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City and the Military Department ofthe State of California, their elected officials, officers, employees, agents, and volunteers; or, FA shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

16. 1. 5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City and the Military Department of the State of California, their directors, officials, officers, employees, agents, and volunteers.

16. 2 Indemnification. To the fullest extent permitted by law, FA shall defend ( at FA' s sole cost and expense with legal counsel reasonably acceptable to the City), indemnify, protect, and hold harmless City and the Military Department of the State of California, their elected and appointed officials, officers, directors, employees, agents, and volunteers ( collectively the Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees ( collectively " Claims"), including but not limited to Claims arising from injuries to or death of persons ( FA' s employees included), for damage to property, including property owned by City and the Military Department ofthe State of California, or from any violation of any federal, state, or local law or ordinance, which Claims arise out of, pertain to, or are related to FA' s performance under this Agreement. Under no circumstances shall 1492110. 2

DocuSign Envelope ID: A76280E0- 7282- 4DA9- 9C45- B4F9EC95ABB5 the insurance requirements and limits set forth in this Agreement be construed to limit FA' s indemnification obligation or other liability hereunder.

17. Attorney Fees. In the event any dispute between the parties with respect to this Agreement results in litigation or any non judicial proceeding, the prevailing party shall be entitled, in addition to such other relief as may be granted, to recover from the non -prevailing party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

18. Substitutions. FA shall have the right, at its discretion, to substitute any fireworks it deems necessary provided same does not detract from the aesthetic value or quality of the Display. This includes, but is not limited to, shell sizes, quantities, types and brand names. Any substitutions shall in no way result in or entitle City to a reduction or abatement of the full contract price.

19. California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court ofthe County of Orange, State of California, or any other appropriate court in such county, and FA covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

20. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the parties with respect to the subject matter hereof, and may not be changed, modified, renewed or extended except by a written agreement, signed by both parties.

21. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any ofthe remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder

22. Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

23. Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of FA, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, FA shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. FA shall not contract with any other entity to perform the Display service and work required without prior written consent of City. If FA is permitted to subcontract any part of this Agreement by City, FA shall be responsible to City for the acts and omissions of its subcontractor( s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any approved FA subcontractor and City.
8 1492110. 2

DocuSign Envelope ID: A76280E0- 7282- 4DAg- 9C45- B4F9EC95ABB5

24. Independent Contractor.

A. The legal relationship between the parties is that of an independent contractor, and nothing herein shall be deemed to make FA a City employee. During the performance of this Agreement, FA and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Display services under this Agreement on behalf of FA shall at all times be under FA' s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of FA or any of its officers, employees, or agents, except as set forth in this Agreement. FA, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City' s offices. City shall have no voice in the selection, discharge, supervision, or control of FA' s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. FA shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters.

City shall not in any way or for any purpose be deemed to be a partner of FA in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.

B. FA shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.

C. No City benefits shall be available to FA, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to FA as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to FA for the performance of the Display services and work under this Agreement. City shall not be liable for compensation or indemnification to FA, its officers, employees, or agents, for injury or sickness arising out of performing the Display services and work hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 4 herein of any nature relating to salary, taxes, or benefits of FA' s officers, employees, servants, representatives, subcontractors, or agents, FA shall indemnify City for all such financial obligations.

25. Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties. The terms of this Agreement are contractual and the result of negotiation between the parties. Accordingly, any rule of construction of contracts ( including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

26. Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative ofthe party against whom enforcement of a waiver is sought. Any waiver by the parties of any default or breach of any covenant, condition, or term 0 1492110. 2

DocuSign Envelope ID: A76280E0- 7282- 4DA9- 9C45- 84F9EC95ABB5 contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the parties from enforcing the full provisions hereof.

27. Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

28. Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

29. Third Party Beneficiary. Except as may be expressly provided for herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third -party beneficiary or otherwise, upon any entity or person not a party hereto.

30. Notice. Except as set forth in Paragraph 8, any notice, request, demand, direction, or other communication required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return -receipt -requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address ofthe person to receive such notice if delivered personally or by messenger or overnight courier; ( ii) five ( 5) business days after the date of posting by the United States Post Office if by mail; or ( iii) when sent if given by facsimile. Any notice or other communication sent by facsimile must be confirmed within fortyeight ( 48) hours by letter mailed or delivered. Other forms of electronic transmission such as emails, text messages, instant messages are not acceptable manners of notice required hereunder.

Notices or other communications shall be addressed as follows:

To City:

City of Los Alamitos
Attention: Recreation Manager
10911 Oak Street
Los Alamitos, CA 90720
Telephone: ( 562) 430- 1073
Facsimile: ( 562) 594- 9657
To Fireworks and Staee FX America, Inc.:

Fireworks America
Attention: Matt Biolchino, Southern CA
Regional Manager
PO Box 488
Lakeside, CA. 92040
Telephone: ( 714) 875- 0307
10 1492110. 2

DocuSign Envelope ID: A76280E0- 7282- 4DA9- 9C45- B4F9EC95ABB5

31. Binding Effect. This Agreement shall not be binding on either party until executed by both City and FA.

32. Corporate Authority. Each ofthe undersigned represents and warrants that ( i) the party for which he/ she is executing this Agreement is duly authorized and existing, ( ii) he/ she is duly authorized to execute and deliver this Agreement on behalfofthe party for which he/ she is signing, iii) by so executing this Agreement, the party for which he/ she is signing is formally bound to the provisions of this Agreement, and ( iv) the entering into this Agreement does not violate any provision of any other Agreement to which the party for which he/ she is signing is bound.

Signatures on Following Page]
11 1492110. 2

DocuSign Envelope ID: A76280E0. 7282- 4DA9- 9C45- B4F9EC95ABB5 IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe dates stated below.

CITY"
City of Los Alamitos
Date: June 1, 2020 By:

Richard D. Mu phy,
Mayor
APPROVED AS TO FORM: ATTEST
fy—
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l(, q,
by: /
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Docu3ignetl
d1Mtl(bl N_ ulA ' ALLAY'
D ta9-Daudt, snDc ba aaera Quintanar, MMC
City Attorney City Clerk
6/ 4/ 2020 6/ 4/ 2020
FA"
Fireworks and Stage FX America, Inc.
6/ 4/ 2020
by:

Date: 1ayN. Vut.( k.t.V
n3bd ben u8rueckner, President
Doc. S. gnetl by:

Date: 6/ 4/ 2020 cy 1/ V , [ A+n+ lY'Af. " A4Y
A62FftotcDanielson, General Manager
12 14921102

DocuSign Envelope ID: A76280E0- 7282-4DA9- 9C45- B4F9EC95ABB5 Exhibit A
Scope of Work for City of Los Alamitos 2020 Fourth of July Fireworks Display Announcement Barrage
Aerial Titanium Flash Salutes
o 3"- 10
Color and Multi -Color Finale Shells
o 3"- 10
Aerial Show Presentation
Aerial Titanium Flash Salutes
o 3"- 5
Color and Multi -Color Aerial Shells
0 3" — 100
0 4" — 70
o 5" — 73
0 6" — 47
0 8"- 10
Flitter, Glitter, Electric Color and Color Changing Shells 0 3"- 70
0 4" — 30
0 5"- 65
o 6"- 19
o 8"- 3
Distinctive and Unique Aerial Shells
o 3"- 20
o 4"- 20
0 5" — 30
0 6"- 10
o 8"- 2
Premium Aerial Shells
0 3" — 20
0 4"- 12
0 5"- 12
0 6"- 2
Aerial Grand Finale
Color and Multi -Color Finale Shells
o 3" — 100
0 4"- 24
0 5"- 8
Aerial Flash Salutes
o 3" — 100
Finale Crown
o 6"- 2
o 8"- 1
13 14921102

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 21, 2023 ITEM NUMBER: 10H
To: Mayor Tanya Doby & Members of the City Council
Presented By: Ron Noda, Development Services Director
Subject: Amendment No. 2 with North Star Land Care for Landscape Maintenance Services

SUMMARY
This item is for continuing services with North Star Land Care to provide citywide landscape maintenance services for one additional year. The current Professional Services Agreement (PSA) expired on January 19, 2023 and can be extended for a one-year term by mutual agreement.

RECOMMENDATION
Authorize the Mayor to execute Amendment No. 2 to the Professional Services Agreement (PSA) with North Star Land Care for a one-year contract extension ending on February 21, 2024, for an annual cost of $114,067.92.

BACKGROUND
The City of Los Alamitos has over 14.4 acres (625,517 square feet) of parkways, median islands, landscape areas, parks, and facilities to maintain. Historically, landscape maintenance has been done in a collaborative effort between in-house staff from the Public Works Division and contracted vendors.

In December 2020, the City released Requests for Proposals (RFP) 2020-05, which solicited annual park and landscape maintenance services and was ultimately awarded to North Star Land Care in January 2021.

The approved scope of work with North Star Land Care includes the mowing of parkways, cityowned facilities, and parks, the weeding and removal of trash on the median islands, and maintenance of additional miscellaneous landscape areas.

In August 2022, Council approved an amendment which added additional areas of services not included in the original agreement. The additional services include the removal of weeds, vegetation, and trash from tree wells, gutters, and sidewalk areas on Ball Road, Bloomfield Street, Cerritos Avenue, Farquhar Avenue, Katella Avenue, Lexington Drive, and Los Alamitos Boulevard. The augmentation of this work shifted the monthly cost for services from $7,079.66 to $9,505.66.

DISCUSSION

Landscape maintenance, provided by North Star Land Care, is an integral component to enhancing the City’s aesthetic and beautification efforts. Since the commencement of services, staff has been satisfied with the service provided by the vendor.

Approved by Council in January 2021, the current agreement expired on January 19, 2023, unless extended by mutual agreement for a maximum of two (2) – one-year contract extensions.

North Star Land Care has agreed to provide continued services with no pricing adjustments.

Amendment No. 2 to the PSA will extend the City’s contractual relationship with North Star Land Care for one-year, ending on February 21, 2024. This contract renewal will utilize the first of two permissible contract extensions.

FISCAL IMPACT
The total annual payment for services rendered by North Star Land Care will be $114,067.92.

The remaining 2022-2023 Fiscal Year budget contains sufficient funds for this contract – it is also anticipated that the upcoming Fiscal Year 2023-2024 will contain sufficient funds for this service, and will be paid via Account No. 10-543-5260.

Attachment: 1. Amendment 2 - North Star (2023)

2. Amendment 1 - North Star (2022)

3. Professional Services Agreement - North Star (2021)

1750289.1
AMENDMENT No. 2 TO CITYWIDE LANDSCAPING SERVICES

AGREEMENT
North Star Land Care
This Amendment No. 2 to Landscape Maintenance Services Agreement (“Second Amendment”) is made and entered into on this 21st day of February, 2023 by and between the City of Los Alamitos, a California charter city and municipal corporation, (“City”) and, North Star Land Care, a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter collectively referred to as the “Parties.”

RECITALS
A. City and North Star Land Care entered into that certain Professional Services Agreement for Landscape Maintenance Services Agreement to provide landscape maintenance services for City Parkways, medians, landscape areas and park services on January 19, 2021 (“Agreement”), which is incorporated herein by this reference.

B. City and Contractor entered into Amendment No. 1 to the Agreement (“First Amendment”) on August 15, 2022, expanding the Scope of Services and increasing the monthly maximum contract amount to $9,505.66.

C. The initial term of the Agreement was for a period of two years. Upon mutual written agreement of the Parties, the Agreement may be extended for up to two additional one-year terms for a total maximum four-year term.

D. City and Contractor desire to amend the Agreement to extend the term of the Agreement for an additional one-year period, subject to the terms and provisions of this Amendment.

NOW, THEREFORE, City and Contractor mutually agree as follows:

1. Section 3.4 of the Agreement is hereby amended and restated in its entirety to read as follows:

3.4. Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the Effective Date and shall continue in full force and effect for a period of three-years ending on February 21, 2024, unless extended by mutual written agreement of the Parties for a maximum of one (1), one-year contract extension.

2. Except as expressly modified above, all terms and conditions of the Agreement shall remain unchanged and in full force and effect.

3. The persons executing this Second Amendment on behalf of the Parties hereto warrant that they are duly authorized to execute this Second Amendment on behalf of said Parties and that by so executing the Parties are formally bound to the provisions of this Second Amendment.

1750289.1
IN WITNESS WHEREOF, the Parties have executed and entered into this Second Amendment as of the date first written above.
“City”
City of Los Alamitos
By:_______________________________
Tanya Doby
Mayor
APPROVED AS TO FORM.

Woodruff, Spradlin & Smart, APC
By:__________________________________
Michael S. Daudt
City Attorney
ATTEST:

By:_______________________________
Windmera Quintanar, MMC
City Clerk
“Contractor”
North Star Land Care
By:_______________________________
Jose A. Martinez
President

By:_______________________________
Juan Angel Sotelo
CFO

DocuSign Envelope ID: 5F64D222- ED62- 4B3D- BD12- C92BOD8CAC37 AMENDMENT No. 1 TO CITYWIDE LANDSCAPING SERVICES

AGREEMENT
North Star Land Care
This Amendment No. 1 to Landscape Maintenance Services Agreement Amendment") is made and entered into on this 15th day of August, 2022 by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, City") and, North Star Land Care (" Contractor"). City and Contractor are sometimes hereinafter collectively referred to as the " Parties."

RECITALS
A. City and Contractor entered into that certain a Landscape Maintenance Services Agreement to provide landscape maintenance services for City Parkways, medians, landscape areas and parks services on January 19, 2021 (" Agreement"), which is incorporated herein by this reference.

B. City and Contractor desire to amend the Agreement to include additional monthly landscape maintenance services, subject to the terms and provisions of this Amendment.

NOW, THEREFORE, City and Contractor mutually agree as follows:

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

1. Scope of Services and Standard ofPerformance. Contractor shall provide those services set forth in the Parks & Landscape Maintenance Services Proposal, dated November 16, 2020, attached hereto as Exhibit " A", and as supplemented by Attachment " 1" to Exhibit " A" ("Scope of Services" and/ or Project Services"). Contractor shall provide the Project Services in compliance with all terms and conditions of this Agreement. Contractor warrants that all Project Services shall be performed in a skillful, competent, professional and satisfactory manner in accordance with all standards prevalent in the same profession in the State of California. Contractor represents and warrants that it and all employees, subconsultants and subcontractors providing any services pursuant to this Agreement shall have sufficient skill and experience to perform the Project Services. All Project Services shall be completed to the reasonable satisfaction of City."

2. Section 2. 1 of the Agreement is hereby amended and restated in its entirety to read as follows:

DocuSign Envelope ID: 5F64D222- ED62- 4B3D- BD12- C92BOD8CAC37

2. 1 Maximum Contract Amount. Contractor shall be compensated for the Project Services performed, including authorized reimbursements, ifany, in accordance with the hourly rates and charges set forth in the Scope of Services in an amount not to exceed Nine Thousand Five Hundred Five Dollars and Sixty -Six Cents ($ 9, 505. 66) monthly. The maximum amount of City' s payment obligation under this Agreement is the amount specified in this section"

3. Attachment " 1" to this Amendment is hereby appended to and made a part of Exhibit "A" (Proposal/ Scope of Services) to the Agreement.

4. Except as expressly modified above, all terms and conditions of the Agreement shall remain unchanged and in full force and effect.

5. The persons executing this Amendment on behalf of the Parties hereto warrant that they are duly authorized to execute this Amendment on behalf of said Parties and that by so executing the Parties are formally bound to the provisions of this Amendment.

IN WITNESS WHEREOF, the Parties have executed and entered into this Amendment as of the date first written above.

SIGNATURES ON THE FOLLOWING PAGE

DocuSign Envelope ID: 5F64D222- ED62- 4B3D- BD12- C92BOD8CAC37 City"
City of Los Alamitos
DocuSigned by:

APPROVED AS TO FORM.

Woodruff, Spradlin & Smart, APC
DocuSigned by:
s. V Byet‘-- D2A022E0E4DF418...

Michael S. Daudt 8/ 23/022
City Attorney
By:

Mayor
asselbrink 8/ 23/022
ATTEST:
1 --- DocuSigned by:

B y' ‘%-- s4Bcc26B4CA8409...

Windmera Quintanar, MMC
City Clerk 8/ 23/022
Contractor"
North Star Land Care
By:

DocuSigned by:
9031334493D04A8_.

Jose A. Martinez
President
tony( anorthstarlandcare. com
e-- DocuSigned by:

By. '.....--.

Egtoz3. 331021458..
441ST
Juan Angel Sotelo
8/ 23/022
8/ 20/22
CFO
juan@northstarlandcare. com

DocuSign Envelope ID: 5F64D222- ED62- 4B3D- BD12- C92BOD8CAC37 Attachment 1
North Star Land Care Estimate 1011-21

DocuSign Envelope ID: 5F64D222- ED62- 4B3D- BD12- C92BOD8CAC37 North Star Land Care
10831 Downey Ave
Downey, CA 90241
562) 674- 3076
www. northstarlandcare. com
accounts@northstarlandcare. com

ADDRESS
City of Los Alamitos
3191 Katella Avenue
Los Alamitos, CA 90720
USA

SALES REP
R. S.

NORTH STAR

LAN D C A R E
Estimate 1011-21
DATE 06/ 21/022

NORTH STAR
Landscape

DATE ACTIVITY QTY RATE AMOUNT
Services
Additional
Monthly
Landscape
Maintenance
Services for
the City of Los
Alamitos
2 Man Crew
16 Man Hours Weekly
Accepted By
1 2, 426. 00 2, 426. 00
TOTAL 2, 42600
Accepted Date

DocuSign Envelope ID: B2B8AE14- 290E- 4057-AFAF- 1156105ED11A

LANDSCAPE MAINTENANCE SERVICES AGREEMENT
North Star Land Care]

THIS AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES
Agreement") is made and entered into, to be effective this 19th day of January 2021 (" Effective Date"), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (" City") and North Star Land Care, a California Corporation, (" Contractor"). City and Contractor. are sometimes hereinafter individually referred to as " Party" and are hereinafter collectively referred to as the " Parties."

RECITALS
A. City has determined that it requires the services of a qualified contractor to provide landscape maintenance services for City parkways, medians, landscape areas and parks.

B. In response to City' s formal Request for Proposals No. 2020- 05 ( RFP), dated November 16, 2020, Contractor has submitted to City a written proposal, dated December 17, 2020, to provide the desired landscape maintenance services.

D. City desires to engage Contractor to provide such landscape maintenance services subject to the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. SERVICES OF CONTRACTOR

1. 1 Scope of Services and Standard of Performance. Contractor shall provide those services set forth in the Parks & Landscape Maintenance Services Proposal, dated November 16th, 2020, attached hereto as Exhibit " A" (" Scope of Services" and/or " Project Services"). Contractor shall provide the Project Services in compliance with all terms and conditions ofthis Agreement. Contractor warrants that all Project Services shall be performed in a skillful, competent, professional and satisfactory manner in accordance with all standards prevalent in the same profession in the State of California. Contractor represents and warrants that it and all employees, subconsultants and subcontractors providing any services pursuant to this Agreement shall have sufficient skill and experience to perform the Project Services. All Project Services shall be completed to the reasonable satisfaction of City.

1. 1. 1 Contract Documents. This Agreement shall consist of the following: ( 1) the main body of this Agreement; ( 2) RPF No. 2020- 05, dated November 16, 2020; and ( 3) Contractor' s Proposal, Exhibit " A". Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: ( 1St) the main body of this Agreement; ( 2rd) the RFP, and( 3rd) Contractor' s Proposal. 1277023. 1

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A

1. 2 Compliance with Law. All Project Services shall be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of City and any federal, state or local governmental agency of competent jurisdiction. Contractor shall be liable for all violations of such laws, ordinances, resolutions, statutes, rules and regulations in connection with performance of the Project Services. If Contractor performs any Project Services in violation of such laws, ordinances, resolutions, statutes, rules or regulations, Contractor shall be solely responsible for all penalties and costs arising therefrom. Contractor shall defend, indemnify, and hold City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to comply with such laws, ordinances, resolutions, statutes, rules or regulations.

1. 3 Licenses and Permits. Prior to performing any Project Services, Contractor shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Contractor to perform the Project Services. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor' s performance ofthe Project Services, and shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services.

1. 4 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor( a) has thoroughly investigated and considered the Project Services to be performed, b) has carefully considered how the Project Services should be performed, and ( c) fully understands the facilities, difficulties and restrictions attending performance of the Project Services under this Agreement.

1. 5 Care in Performance of Proiect Services. Contractor shall adopt reasonable methods during the term of the Agreement to prevent losses or damage to materials, papers or other components of the Project Services, and shall be responsible for all such damages, to persons or property, until acceptance of the Project Services by the City, except such losses or damages as may be caused by City's own negligence.

1. 6 Non- Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other Contractors, contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Contractor further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.
1277023. 1

DocuSign Envelope ID: B2B8AL14- 290E- 4057- AFAF- 1156105ED11A

2. COMPENSATION

2. 1 Maximum Contract Amount. Contractor shall be compensated for the Project Services performed, including authorized reimbursements, if any, in accordance with the hourly rates and charges set forth in the Scope of Services in an amount not to exceed Seven Thousand, Seventy-Nine Dollars and Sixty Six Cents($ 7, 079.66) monthly. The maximum amount ofCity' s payment obligation under this Agreement is the amount specified in this section.

2. 2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall no later than first working day of such month, submit to the City, in a form approved by the City Manager or his designee, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. Within thirty( 30) calendar days of receipt of invoice, City shall pay all undisputed amounts included on the invoice.

2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, signed by an individual authorized to formally bind the Party for which he/ she is signing, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: ( a) to provide for revisions or modifications to documents or other work product when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/ or, ( b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor' s profession.

2. 4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Los Alamitos City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.

3. SCHEDULE OF PERFORMANCE

3. 1 Time of Essence. Time is ofthe essence in the performance ofthis Agreement.

The time for completion of the Project Services to be performed by Contractor is an essential condition of this Agreement.

3. 2 Schedule of Performance. Contractor shall prosecute regularly and diligently the Project Services according to the periods specified in the Scope of Services. When requested by Contractor, extensions of the time period( s) specified in the Scope of Services may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant any such extension.

3. 3 Force Majeure. The time for performance of the Project Services may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor( financial inability excepted), including, but not limited to, 1277023. 1

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/ or acts of any governmental agency, including the City, if Contractor, within ten ( 10) calendar days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay.

The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager' s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor' s sole remedy being extension of the Agreement pursuant to this section.

3. 4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the Effective Date and shall continue in full force and effect for a period of two ( 2) years, ending on January 19, 2023, unless extended by mutual written agreement of the Parties, for a maximum of two (2)— 1- year contract extensions.

4. COORDINATION OF PROJECT SERVICES

4. 1 Contractor' s Representative. The following principal of Contractor is hereby designated as being the principal and representative of Contractor authorized to act on its behalf with respect to the Project Services and to make all decisions in connection therewith:

It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Project Services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

4.2 City' s Contract Officer. The City' s Contract Officer shall be such person as may be designated by the City Manager, and is subject to change by the City Manager. It shall be the Contractor' s responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Project Services, and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City.

Contractor shall not contract with any other entity to perform the Project Services without prior written consent of City. If Contractor is permitted by City to subcontract any part of this Agreement, Contractor shall be responsible to City for the acts and omissions of its subcontractor( s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

All persons engaged in the performance of Project Services will be considered employees of 1277023. 1

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent ( 25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability hereunder without the express written consent of City.

4.4 Independent Contractor.

4.4. 1 The legal relationship between the Parties is that of an independent contractor; nothing herein shall be deemed to make Contractor a City employee. During the performance ofthis Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Contractor will determine the means, methods and details of performing the Project Services subject to the requirements of this Agreement. The personnel performing the Project Services on behalf of Contractor shall at all times be under Contractor' s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, its officers, employees or agents, shall not maintain a permanent office or fixed business location at City' s offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor' s officers, employees, or agents or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Project Services and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.

4. 4. 2 Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.

4. 4. 3 No City benefits shall be available to Contractor, its officers, employees, representatives, agents, subconsultants or subcontractors in connection with the performance of any Project Services. Except for fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Project Services. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, representatives, agents, subconsultants or subcontractors, for injury or sickness arising out of the performance of any Project Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 herein, of any nature relating to salary, taxes, or benefits of Contractor' s officers, employees, representatives, agents, or subconsultants or subcontractors, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations. 1277023. 1

DocuSign Envelope ID: B2B8AE14- 29UE- 4057-AFAF- 1156105E011A

4.5 PERS Eligibility Indemnification.

4. 5. 1 In the event that Contractor or any officer, employee, representative, agent, subconsultant or subcontractor of Contractor providing any Project Services claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System ( PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City against( 1) all such claims and determinations, 2) for the payment of any employee and/ or employer contributions for PERS benefits on behalf of Contractor or its officers, employees, representatives, agents, subconsultants or subcontractors, and ( 3) the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

4. 5. 2 Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its officers, employees, representatives, agents, subconsultants or subcontractors providing any Project Services shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/ or employee contributions for PERS benefits.

5. INSURANCE

5. 1 Compliance with Insurance Requirements. Contractor shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section.

Contractor shall not commence any Project Services unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor' s existing insurance policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.

5. 2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Contractor shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:

5. 2. 1 Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance ( CGL). Coverage shall be at least as broad as ISO Form CG 00 01 written on a per occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits of no less than One Million Dollars($ 1, 000, 000. 00) per occurrence and Two Million Dollars($ 2, 000. 000. 00) in the general aggregate. The policy shall not contain any endorsements or provisions limiting coverage for 1) contractual liability, (2) cross liability exclusion for claims or suits by one insured against another, or( 3) contain any other exclusion contrary to the Agreement.

5. 2. 2 Automobile Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance. Coverage shall be at least as broad as ISO Form CA 00 01 written on a per occurrence 1277023. 1

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A basis, covering Code 1 ( any auto), or if the Contractor has no owned autos, Code 8 ( hired) and Code 9 ( non- owned), with limits of no less than One Million Dollars ($ 1, 000, 000. 00) for each occurrence covering bodily injury and property damage.

5. 2. 3 Workers' Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers' Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers' compensation insurer waiving all subrogation rights under its workers' compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers' compensation insurance policies. Contractor shall also obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer' s Liability Insurance written on a per occurrence basis with limits of at least One Million Dollars ($ 1, 000, 000. 00) per accident for bodily injury or disease. Notwithstanding the foregoing, Contractor shall not be required to procure either Worker' s Compensation Insurance or Employer' s Liability Insurance if Contractor provides written verification to the City that Contractor does not have any employees.

5. 3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better( if an admitted carrier), or a current rating of A:X or better ( if offered by a non- admitted insurer listed on the State of California List of Approved Surplus Lines Insurers ( LASLI)), by the latest edition of A.M.

Best' s Key Rating Guide, except that the City will accept workers' compensation insurance from the State Compensation Fund. In the event the City determines that the work or Project Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.

5. 4 Specific Insurance Provisions and Endorsements. 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 written approval. 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:

5. 4. 1 CGL and Auto Liability Endorsements. The policy or policies of insurance required by this section for CGL and Automobile Liability Insurance shall be endorsed as follows:

5. 4. 1. 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 ofthe performance ofthe Agreement; and

5.4. 1. 1. 1 Additional Insured Endorsements. Additional insured endorsements shall not ( 1) be restricted to " ongoing operations", ( 2) exclude " contractual liability", ( 3) restrict coverage to " sole" liability of Contractor, or ( 4) contain any other 1277023. 1

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.

5.4. 1. 2 Primary and Non-Contributing Insurance. Each CGL and Automobile Liability Insurance policy shall be endorsed to 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.

5. 4. 1. 3 Waiver of Subrogation. Each CGL and Automobile Liability Insurance policy 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 the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

5.4. 2 Notice of Cancellation. Each policy of any type shall be endorsed to provide that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty( 30) calendar days prior written notice has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Contractor' s failure to pay the insurance premium, the notice provided by the insurer to City shall be by not less than ten ( 10) calendar days prior written notice. ( A statement that notice will be provided" in accordance with the policy terms" or words to that effect is inadequate to meet the requirements of this section.)

5. 5 Deductibles and Self- Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance. The decision whether to approve or withhold approval of a deductible or self-insured retention shall be made by the City in the City' s sole and absolute discretion.

5. 6 Evidence of Coverage. Concurrently with the execution of the Agreement, Contractor shall deliver certificates ofinsurance together with original endorsements affecting each of the insurance policies required by this section. Contractor shall promptly furnish, at City' s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City may require to verify coverage.

5.6. 1 Required insurance policies shall not be in compliance ifthey include any limiting provision or endorsement that has not been submitted to the City for written approval.

5. 6. 2 Authorized Signatures. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf.

5. 6. 3 Renewal/ Replacement Policies. At least fifteen( 15) calendar days prior to the expiration of any such policy, evidence ofinsurance 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 1277023. 1

DocuSign Envelope ID: B2B8AE14-290E- 4057-AFAF- 1156105ED11A shall, within ten ( 10) calendar 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 meeting all requirements ofthis Agreement.

5. 7 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.

5. 8 Enforcement of Agreement ( Non- Estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of any noncompliance with any ofthe insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.

5. 9 Insurance for Subconsultants. Contractor shall either: ( 1) include all subconsultants or subcontractors engaged in the performance of Project Services on behalf of Contractor as additional named insureds under the Contractor' s insurance policies; or ( 2) Contractor shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. Contractor shall not allow any subconsultant or subcontractor to commence any work or services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section.

5. 10 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Contractor and its subconsultants and subcontractors, if any, pursuant to this Agreement:

5. 10. 1 Contractor shall provide immediate written notice to City if( 1) any of the insurance policies required herein are terminated, cancelled or suspended, ( 2) the limits of any of the insurance coverages required herein are reduced, or ( 3) the deductible or self-insured retention is increased.

5. 10. 2 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies.

Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

5. 10.3 None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein ( e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.
1277023. 1

DocuSign Envelope ID: B2B8AE14- 290E- 4057-AFAF- 1156105ED11A

5. 10. 4 Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor' s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.

5. 10.5 Contractor agrees to ensure that subconsultants and subcontractors, ifany, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor.

Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

Contractor agrees that upon request, all agreements with subcontractors and others engaged in the provision of Project Services will be submitted to the City for review.

5. 10. 6 Contractor agrees to provide immediate written notice to City of any claim, demand or loss against Contractor arising out of the work or Project Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.

6. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall defend( at Contractor' s sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses, penalties, judgments, arbitration awards, settlements, damages or injuries of any kind, in law or in equity, including but not limited to property or persons, including wrongful death, ( collectively" Claims") in any manner arising out of, pertaining to, related to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officers, directors, employees, subconsultants, subcontractors, agents or invitees in connection with performance under this Agreement, or in any manner arising out of, pertaining to, related to, or incident to an alleged breach of this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses.

Notwithstanding the foregoing, and only to the extent that the Project Services performed by Contractor are subject to California Civil Code Section 2782. 8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782. 8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct ofthe Contractor.

Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor' s indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless and indemnify the City, its officials, officers, employees, agents and volunteers, shall not apply to the extent that such Claims are caused by the sole negligence or willful misconduct of that indemnified party.

7. REPORTS AND RECORDS
1277023. 1

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A

7. 1 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Project Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Project Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Project Services as the Contract Officer shall require.

7. 3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subconsultants, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. Contractor shall ensure that all of its subconsultants and subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

7. 4 Release of Documents. Except to the extent otherwise required by law, no drawing, specification, report, record, document, or other material prepared by Contractor, its employees, subconsultants, subcontractors and agents in the performance of Project Services shall not be released publicly without the prior written approval of the Contract Officer.

8. ENFORCEMENT OF AGREEMENT

8. 1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8. 2 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver.

No consent or approval of City shall be deemed to waiver or render unnecessary City' s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.3 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are 1277023. 1

DocuSign Envelope ID: 82B8AE14- 290E- 4057- AFAF- 1156105ED11A cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

8. 4 LeEal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8. 5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement, at any time, with or without cause, upon thirty( 30) calendar days written notice to Contractor, except that where the continuation of services would constitute a danger to health, safety or general welfare, the period of notice shall be such shorter time as may be appropriate.

Upon receipt of the notice of termination, Contractor shall immediately cease all Project Services, except as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Project Services rendered prior to receipt of the notice of termination and for any Project Services authorized by the Contract Officer thereafter.

8. 6 Termination for Default of Contractor.

8. 6. 1 Contractor' s failure to comply with any provision ofthis Agreement shall constitute a default.

8.6.2 If the Contract Officer determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/ she shall notify Contractor in writing of such default. If such default is capable of being cured, Contractor shall have ten 10) calendar days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, or if such default is not capable of being cured, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City' s right to terminate this Agreement without cause pursuant to Section 8. 5.

8. 6.3 If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8. 6. 2, take over the Project Services and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total direct and indirect costs for completion of the Project Services required hereunder exceeds the Maximum Contract Amount, and City may withhold any payments to Contractor for the purpose of set- off toward the cost of completion of the Project Services. The withholding or failure to withhold payments to Contractor shall not limit Contractor' s liability for completion of the Project Services as provided herein.

8. 7 Attorneys' Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any nonjudicial proceeding, the prevailing Party shall be 1277023. 1

DocuSign Envelope ID: B2B8AE14- 290E- 3057- AFAF- 1156105ED11A entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys' fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty( 30) calendar days ofthe date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. For purposes of this section, Reasonable attorney fees" shall be calculated by multiplying the actual number of hours reasonably expended by the attorney( s) handling the dispute on behalf ofthe prevailing Party by the hourly rate actually paid by the prevailing Party, but in no case shall the hourly rate exceed Two Hundred and Fifty Dollars ($250. 00) per hour.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

9. 1 Non- liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor- in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, subcontractors, subconsultants and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, age, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants and employees are treated without regard to their race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, national origin, or ancestry.

10. MISCELLANEOUS PROVISIONS

10. 1 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally during normal hours of operation of the Party receiving the notice, or sent by pre- paid, first- class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated on the day personally served, or two ( 2) business days from the date of mailing if mailed as provided in this section. Additionally, notices by email will be considered legal notice if such communications include the following text in the Subject field: FORMAL LEGAL NOTICE—
1277023. 1

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A To City: Chet Simmons, City Manager
City of Los Alamitos
3191 Katella Ave.

Los Alamitos, CA 90720
csimmons@cityoflosalamitos. org
With copy to:

Michael S. Daudt, City Attorney
Woodruff, Spradlin& Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
mdaudt@wss- law. com
To Contractor: Jose A. Martinez
North Star Land Care
10831 Downey Avenue
Downey, CA 90241v
tony@northstarlandcare. com

10. 2 Entire Agreement; Amendments in Writing. This Agreement constitutes the entire agreement between the Parties and is intended as an integrated agreement, superseding all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

10. 3 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties hereunder.

10. 4 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees.

10. 5 Third Party Beneficiary. Except as expressly provided herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.

10. 6 Recitals. The above- stated Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

10. 7 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, 1277023. 1

DocuSign Envelope ID: B2B8AE14- 290E-4057- AFAF- 1156105ED11A Section 16000, et seq., (" Prevailing Wage Laws"). Contractor agrees to fully comply with all applicable federal and state labor laws( including, without limitation, ifapplicable, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the work or Project Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non- payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

10. 8 Corporate Authority. Each ofthe undersigned represents and warrants that (i) the Party for which he/ she is executing this Agreement is duly authorized and existing,( ii) he/ she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/ she is signing, ( iii) by so executing this Agreement, the Party for which he/ she is signing is formally bound to the provisions of this Agreement, and ( iv) the entering into this Agreement does not violate any provision of any other agreement to which the Party for which he/ she is signing is bound.

SIGNATURES ON NEXT PAGE]
1277023. 1

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.

City"
City of Los Alamitos
DocuSigned by:

B :

M.av: ° kirco
7AsccolIcocn4rE... 3/ 15/ 2021 Mark Chirco, Mayor
APPROVED AS TO FORM. ATTEST:

Woodruff, Spradlin & Smart, APC
DocuSigned by: DocuSigned by:
auk S. VenA 0,41. D mcra C iv atn tat^
By' o2Ao22coc4Dr4, o... By',_ weccz
Michael S. Daudt 3/ 12/ 2021 Windmera Quintanar, MMC
City Attorney City Clerk 3/ 15/ 2021
Contractor"
North Star Land Care
By:
rDocuSigned by:
031334403004A0...
3/ 12/ 2021 Jose A. Martinez
President
DocuSigned by:

By:

At u. gull, Skit
C920239331004., 0...
3/ 12/ 2021 Juan Angel Sotelo
CFO
1277023. 1

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A r°
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3 City of Los Alamitos Request for Proposal
for Park & Landscape Maintenance Services
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NORTHSTARLANDCARE. COM (562) 674-3076
LIC# 1034669 DIR# 1000056611

DocuSign Envelope ID: B2B8AE14- 290E- 4057-AFAF- 1156105ED11A City of 1. os Alamitos
3191
Los Alamitos,
Katella Avenue
CA 90720
NORTH
3 STAR
RI'.: Park & Landscape Maintenance Services
1)uc: l hursday. December 17. 2020 at 2: 00 P. M.

North Star I. andscape (" North Star") is pleased to submit a proposal for the(' its of Los AIamito' s Landscape Maintenance Services Request for Proposal. Our proixosal will highlight our previous experience of providing similar services to many surrounding Cities such as I luntington Park.

May wood. I. os Angeles County. and City of Montebello. We have the breadth and depth of resources. skills. equipment. and expertise needed 10 provide the city of Los Alanwo' c professional landscape maintenance services. We have reviewed. understand. and agree to the terms and conditions described in this REP. We also acknowledge that we meet the minimum requirements and responded to each of these requirements to the best of our ability with no exceptions. During these unprecedented times. North Star has not missed a heat in assisting our Municipal clients by augmenting City stall' so the deliver) of quality landscaping maintenance services would continue without interruption.

North Slat' s management team has a track record of working with many cities throughout Southern California since 1994. Our contractor license. 41034669 specializes in Class C611) 49( Tree Sen ice) and Class C' 27( I. andscaping) is set to expire 1/ 31/ 2022. We are also registered and qualified with the 1) 1R( 1( 00056611) North Star is insured and bonded and will obtain a City of l. os Alamitos business license upon being awarded this 1. andscapc Maintenance contract.

We strive to build long- term partnerships with agencies that expect and require quality. accuracy. efficiency. and integrity. We do this by offering our clients years of expertise with professional landscapers. diligent stall who provide premium landscaping by using industry approved equipment. effective employee training, strong field leadership, and competitive pricing to keep our clients within their allocated budgets. We have a full understanding of the City and its landscaping related needs.

Assigned contacts for this important project are as hollow:

Area Manager. Jose A. Martini (31 0) 704-9885 ton.. a northstarlandeare. com field Manager. Rene( L Seralin.( 562) 9') I- 9064 rene' crnorthslarlandcare. com Office Manager. Jessica Alvarez_ 1562) 674- 3076 jessica' u.northstarlandcare. corn AN the President of North Star Landscape. 1. Jose Antonio Martinez have the official authority to hind our company to the City oil os Alamitos proposal requests. Corporate ( Vice is located at 10831 Downey Avenue. Downey. California. 90241. I am authorized and certify. that this proposal being submitted is valid for 60 days. As the contact person for this proposal. please feel free to contact me directly if you have any questions or need further infinmation a1 ( 310) 704- 9885 or tonv•irnorthstarlandeare. com.

Sincerely.

Jose A. Martinez
Pre' idem
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North Star land(' arc
A
10831 Rowney Avenue
Downey. CA 90241
562) 674- 3076
inlivu northstarlandcarc. coin

DocuSign Envelope ID: B2B8AE14- 290E- 4057-AFAF- 1156105ED11A City of Los Alamitos - Park& Landscape Maintenance Services December 17, 2020

TABLE OF CONTENTS

1. Statement of Qualifications 2

2. Licensing 3

3. Staffing 5

4. Performance of Work 7

5. Financial Statement 11

6. Credit References 11

7. Equipment 12

8. Work History 13

9. References 14

10. Insurance... 17

11. Proposal Schedule 18
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NORTH STAR m
LANDSCAPE a
North Star Landscape

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos — Park& Landscape Maintenance Services December 17, 2020

STATEMENT OF QUALIFICATIONS
North Star has assembled a highly skilled and knowledgeable staff with extensive tree & landscape maintenance experience. North Star' s CEO has been in the Municipal maintenance space since 1994 and in 1993 was one of the youngest Certified Arborist in the World. The VP of Contract Management has managed Municipal contracts since 2007. Together they helped managed the Largest Los Angeles County Tree Company that Procured over 45 maintenance contracts.

North Star Land Care is a California Corporation, in business since 2017 California Contractors License 1034669, Expiration Date 1/ 31/ 2022 Classifications C27, D49& C61
Federal Tax ID# 82- 4619683, current with all taxes and filings with both State and Federal Government
DBA under North Star Landscape
7 Municipal contracts
1, 000, 000 credit line
Bonded
100% Latino Owned Firm
Over 22 full time employees rr J
ISA Certified Arborist on Staff
California
Irrigation Technicians
State Licensed
onStaffISA
Pest Control Applicator Inrn,: u:., asv: c::,.:* utor; am, n Zero Drug Tolerance Workplace
Many distinguished Business Awards
Fully Insured
Over 25 Modern Vehicles in Fleet
North Star has never in its history been disqualified or have entered any type of litigations with any government agency
North Star has the experience to perform work assigned by the city of Baldwin Park in a timely manner and within allocated budget
North Star prides itself hiring the best employees and retaining them. We quickly introduce new employees and immerse them into our company culture and professionally train them for their specific job classification. We provide our employee with an environment that is fulfilling therefore, keeping our team motivated and happy which in turn results in excellent service and low turnover.

Staffing and relevant experience is provided in the next section. North Star Land Care has never in its history been disqualified or have entered any type of litigations with any government agency.

North Star prides itself in building relationships not only with the City but also with the communities we work in. Part of our Community Benefits participation will include joining the N Los Alamitos Chamber of Commerce. As a member of the chamber we will merge with local @ non-profits and donate up to 2.5% of the yearly contract amount.

Att
rt North Star Landscape

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 11561Q5ED11A City of Los Alamitos — Park& Landscape Maintenance Services December 17, 2020

LICENSING
North Star is a licensed contractor in the State of California ( state License# 1034669) and holds the C61, D49, and the C27 licenses all in good standing. North Star is a California Corporation without Federal Identification number being 82- 4619683. North Star is also registered with the Department of Industrial Relations, registration # 1000056611.

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Contractor Information
Legal Entity Name
NORTH 5T4R LANLI C.= RE
Legal Entity Type
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Registration N niber
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Registration effective date
0': 01, 200
Registration expiration li. to

06. 30 21
Mailing Address
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DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020

STAFFING
North Star employs over 20 full- time professionals. Our experienced professionals are led by an accomplished management team. We believe in the representation of our employees.

Below are brief backgrounds on North Star' s management team and key team members. At this time, we do not intend to contract any sub- contractors or contractors for additional services. North Star has the in- house capability to handle day to day operations and any issues arising from industry related occurrences. We are currently members of the International Society of Arboriculture ( ISA).

North Star Members Assigned to Los Alamitos Team:

Jose A. Martinez— Project Manager
Rene G. Serafin— Field Supervisor
Raul Hernandez— Irrigation Technician
Jessica Alvarez— Account Manager
City of Los Alamitos
Tony Martinez
President
Jessica Alvarez
Rene Serafin
Angel Sotelo Salvador Covarrubias
Juan Rene Contreras
Accounting/ Human
Field Manager
Government Business
Safety Coordinator
Resources Manager Relations Development
Los Alamitos Irrigation
Landscaping Crew Technician
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North Star Landscape

DocuSign Envelope ID: B2e8AE14- 290E- 4057-AFAF- 1156105ED11A City of Los Alamitos — Park& Landscape Maintenance Services December 17, 2020 North Star' s Executive Team
Jose A. Martinez, President, Certified Utility Arborist( WE- 1278AU) Mr. Martinez has over 25 years of experience in the tree care and landscaping industry. Mr. Martinez has managed over 45 Municipal contracts throughout Southern California and has inventoried over 12 Municipal Urban forests. He started his career as a ground- man while attending college. In previous roles, he was responsible for field operations, scheduling, and the management of all crews. He was also actively involved with the implementation of a proprietary web-based database that supports the tree inventory. Mr. Martinez is a Certified Arborist and Utility Specialist under the International Society of Arboriculture( WE- 1278AU) since 1993 which made him the youngest Certified Arborist that year. Mr.

Martinez is also Certified as a Wildlife Protector(# 582) with the Wildlife Training Institute. Mr. Martinez holds a B. A. in Political Science from Cal Poly San Luis Obispo and has completed over two years of Landscape Architecture and Ornamental Horticulture.

Angel J. Sotelo, VP Government Relations, Certified Arborist ( WE- 9850A) Angel has over 12 years' experience in the tree industry and is a Certified Arborist. Mr. Sotelo oversees North Star' s existing contracts and is involved in the procurement of new contracts. Mr. Sotelo has successfully secured over 70 government contracts since 2007. He is instrumental in maintaining public agency relationship through community involvement and great customer service. Mr. Sotelo is known for his involvement in the communities in which we conduct business in. He was the President for the City of South Gate Chamber of Commerce from 2014- 2016. He serves as the key person between the city to North Star in order to best serve the community.

Jessica Alvarez, Accounting/ Human Resources Manager
Jessica manages North Star Land Care corporate office daily operations in Accounting and Human Resources. Jessica also ensures North Star Land Care meets Cal OSHA, Federal and State Labor Law requirements and compliance. Jessica possesses 5 plus years' experience in Accounting and Human Resources and is CPR/ First Aid/ BLS certified.

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41, North Star Landscape

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020 Salvador Covarrubias- Business Development Manager
Salvador has over 5 years of experience in Customer Service and Sales environments. He holds a bachelor' s degree in Consumer Affairs from CAL State Long Beach. Salvador focuses on searching desirable business opportunities while conducting research on the market. Salvador is also in charge of collection and organizing information within the company database and assists in new bid requirements and effective procedures for North Star Land Care to run more efficiently.

Rene G. Serafin- Field Manager
Rene Serafin has twenty five years of landscape management experience where he has hands on experience working safely with landscaping equipment, landscaping spaces, and has over fifteen years managing landscaping personnel, where his proven style of on field training has had positive results with our clients. Rene ensures all work is completed by deadlines and to expectation and is authorized to act on behalf of North Star.

Juan R. Contreras- Safety Coordinator, CAL OSHA Certified Juan has over 3 years of experience in the tree maintenance Industry. Juan is responsible for implementing and overseeing the safety of company employees. Juan presents weekly educational discussions on safety on a weekly basis. Juan strives to always ensure a safe working environment and prevent any injuries and accidents.

Raul Hernandez- Irrigation Technician
Raul has 15 plus years' experience in the Landscaping Maintenance Industry. Raul will be the North Star worker in charge of all irrigation needs that are needed for the city.

Juan Saavedra, Pest Control Applicator Christian Serafin, Field Assistant Supervisor 20 Years Industry Experience 5 years Industry Experience Miguel Galvez, Mechanic Mario Jimenez, Inventory Specialist 15 Years Industry Experience 5 Years Industry Experience LID
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T, North Star Landscape

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos - Park& Landscape Maintenance Services December 17, 2020

PERFORMANCE OF WORK

1. Daily— Weekly Supervision:
a. Report to City representative on a daily basis or as resulted by City staff. b. Supervise landscaping services crew to maintain locations. c. Supervise traffic control.
d. Report any damages or injuries within one hour of occurrence. e. Respond to any personnel complaints or questions concerning project. f. Final inspection of landscape work to insure proper clean- up on daily basis. g. Maintain daily records of hours worked by each employee and work completed. h. Authorized staff shall meet with the City representative each Friday between 8: 30 and 9: 00 am, or anytime specified by the City Grounds Supervisor for the purpose of reviewing the week' s work, receiving special instructions, and to discuss any problems encountered on the job. The frequency can be coordinated with City staff as required

2. Work Schedule:
a. Staff will start the landscaping within ten ( 10) working days of award of contract or as to be determined by the City. Prior to commencing work, submit and gain approval of a weekly work schedule indication the order, location, and completion of work based on the information provided by the City representative or Grounds Supervisor. b. Staff will notify the City of the work schedule on a daily and weekly basis. The schedule will be submitted for approval in writing at least 48 hours prior to the commencement of any work in the City or as directed by the City representative and Grounds Supervisor. c. Multiple job sites will be worked at a time unless one site requires the entire assigned crew. d. As soon as notified by the City of award of contract North Star representatives will meet with City Representative to develop a preliminary work schedule for accomplishing the work. The schedule will be modified, as necessary, during the course of the contract, based on City' s needs.

3. Landscape Work Performed:
a. Will be according to the landscaping best practices. b. Staff will maintain a written log of all complaints including the date, time of occurrence, location, problem, and action to be taken pursuant thereto or reasoning for non- action. Log is to be reviewed by the City representative at the end of each day or as directed by the City. Pictures are to be taken at time of incident.
c. Hazardous Condition Notifications: Staff will report to the Foreman/ Grounds Supervisor of any defects or hazardous within an hour of notice.
d. Any activities found by the City to be unacceptable will be rectified immediately. All other complaints shall be abated within 24 hours of occurrence by North Star. e. North Star will be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of work. The City authorized representative will serve as mediator between the contractor and resident if property or vehicular damage should occur during the course of work. Sign stands, delineators and/ or cones shall be used to identify work site for vehicular and pedestrian safety. f. Staff will exercise precaution as necessary when working adjacent to utilities. g. Sprinkler repair will be made immediately. Most North Star trucks are equipped to handle

0.0 most sprinkler repairs as they occur.

North Star Landscape

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020

4. Wildlife Protection Plan:
a. North Star offers full service Trim Care. Therefore, North Star has an established Wildlife Protection Plan.
b. North Star understand the importance of the wildlife protection plan. We currently instruct all of our employees that if they come across any birds, nests, feathers, eggs, etc... they are to stop any landscape work immediately and NOT touch or remove it themselves. They have also been instructed to notify their supervisor immediately so that he/ she can notify the City officials and make the proper determinations.
c. North Star currently has employees certified with the Wildlife Training Institute... after careful research we felt the need to be completely certified as a wildlife protector, in order to address these issues properly and safely.

5. Hours of work in City:
a. North Star will observe all holidays recognized by the City and the City shall provide inspection for a 40- hour work shift ( 7: 00 am to 4: 00 pm or as directed by the City) b. Before performing any work at said times, staff shall give written notice to the City so that proper inspection may be provided and so that appropriate noise and lighting standards may be imposed as applicable.
c. No maintenance functions that generate excess noise which would cause annoyance to residents of the area shall be commenced before 7: 00 am.

6. Emergency— On Call Work
a. North Star will provide the City with 24- hour emergency phone numbers and names of at least two ( 2) assigned individuals to be contacted in case of an emergency or call out. b. Staff will respond and begin emergency work/ call out within 1 hour and will communicate with assigned City staff of the completion of assigned work via, telephone call, text, or email.
c. City staff will be immediately notified if any changes in assigned North Star personnel, telephone numbers and or pagers.

7. Clean- Up & BMP
a. North Star shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of streets. b. Each day' s scheduled work shall be completed and cleaned up and under no circumstances shall any brush, leaves, debris or equipment be left on the street overnight unless authorized by the Director, her/ his designee, and residents adjacent to equipment are all notified.
c. City authorized representative shall be the sole judge as to the adequacy of the clean- up. d. Staff shall fully adhere to the City' s BMP practices. e. Temporary Sediment Control shall be utilized to prevent any green- waste material from entering the storm drains.
f. Staff will adhere to Federal, State, and local requirements for BMPs.

8. Compliance with Laws and Regulations:
a. North Star shall keep employees fully informed of and shall observe and comply with, and CrPO shall cause any and all persons employed to observe and comply with, all State, Federal, a North Star Landscape

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos - Park& Landscape Maintenance Services December 17, 2020 County and City, laws, ordinances, regulations, orders, and decrees which in any manner affect the conduct of the work.

9. Drug Free Workplace:
a. North Star published a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor' s workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibitions.
b. North Star has established a Drug Free Awareness Program to inform employees about the dangers of drug abuse in the workplace.
c. North Star' s existing policy of maintaining a drug free workplace and the penalties that will be imposed upon employees for drug abuse violations occurring in the workplace. Taking appropriate personnel action against such employee, up to and including termination.

10. Photographs:
a. North Star will supply the City representative photographs as resulted. b. North Star will supply the City representative photographs of any damages that occur to public and or private property or persons.

11. Disposal of Materials:
a. All debris produced as a result of North Star' s operations will be reduced reused, recycled, and/ or transformed.
b. Weight slips or load slips for material removed from the City will be submitted to the City once a month as proof of final disposal to a recycling facility for documenting reusage per AB 939.
c. Staff operates a fully licensed and permitted Green Waste Transfer& Recycling facility in the County of Riverside and County of Los Angeles.

12. Public Safety/ Traffic Control:
a. North Star shall furnish, erect, and maintain such lights, barricades, bridges, and other devices as required by the City, State, Federal and County" Public Safety" of the Standard Specifications. Should the City point out the inadequacy of warning devices or should the City approve the location of warning devices, such action shall not relieve North Star of responsibility for public safety, nor abrogate its obligation to furnish and pay for these devices.
b. All construction signs to be used on the job site and on the approaches to the job site shall conform to those standards set forth by the State of California, Business and Transportation Agency, Department of Transportation, Manual of Traffic Controls, latest edition and WATCH ( Work Area Traffic Control Handbook).
c. Barricades shall be effectively reflectorized by having not less than one- half of the top board of the barricade covered with reflectorized sheeting surface or two 3- inch diameter reflector units. All other types of delineators shall have reflectorized sheeting, other reflective surfacing, or 3- inch unit reflectors.
d. All warning flashers shall be kept in good working order and each flasher shall have some type of reflective surface.
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North Star Landscape

DocuSign Envelope ID: B2B8AE14- 290E-4057-AFAF- 1156105ED11A City of Los Alamitos — Park& Landscape Maintenance Services December 17, 2020 e. No material or equipment shall be stored where it will interfere with the safe passage of public traffic, and at the end of each day' s work and at other times when landscaping operations are suspended for any reason, North Star shall remove all equipment and other obstructions from that portion of the roadway open for use by the public traffic. f. Spillage resulting from hauling operations along or across any public traveled way shall be removed promptly.
g. Whenever North Star' s operations require one- way traffic or create a condition hazardous to the public traffic, staff shall provide and station competent flagmen whose sole duties shall consist of directing the movement traffic through or around the work. Staff shall also furnish such flaggers as are necessary to give adequate warning to traffic or public of any dangerous conditions as included in the various bid items. h. Under no circumstances will any City street be closed to thru traffic unless authorized by City official.

13. Customer Service:
a. In the forefront of providing great customer we have Salvador Covarrubias, who holds a Bachelor' s Degree in Consumer Affairs who bring all customer needs to light as he instills the core values of being felt valued and appreciated to all our customers from the public to city staff. North Star believes strong customer service is a foundational pillar to a successful relationship. North Star has highly trained customer service representatives in speaking with the staff on any concerns they might have. All our customer service representatives are very patient and courteous. They have been trained to use the best possible approach to address any concerns or issues that might arise from the staff, administration, City council or the public. At North Star we have customer representatives on the line daily who will answer and respond to any phone or email demands that may arise. At North Star we understand the importance of listening to a resident' s complaint while NOT interrupting them while they are always speaking, we are respectful and calm. This will help resolve the issues on hand immediately and efficiently
b. Our protocol is to have complaints resolved within 24 to 48 hours of the incident. Our representatives are trained to specifically handle and resolve damage to any property, both private and public. North Star has the capability to immediately address and dispatch our incidents representative to the incident site to take the proper measurements and take action right away. All repairs should be acceptable to the City, and the private property/ resident.

14. Training
a. When hired at North Star, our employees go through orientation where they will become aware of dangers that may arise on the job site as well as be given a description and their duties assigned to their role.
b. In the first 2 week, employees will have on field training where a field manager will be assisting them in learning day to day operations.
c. Twice a year North Star sends out employees to develop more specialty training from CPR training, Aerial Rescues, and Traffic Control.
d. Weekly, our Safety Coordinator presents a tail gate meeting where we cover safety topics for our North Star workers to be reminded that do our daily work in the safest manner. cD rla, top
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11 North Star Landscape

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos — Park& Landscape Maintenance Services December 17, 2020 Financial Statement
North Star is prepared to produce these confidential financial documents upon request.

Credit References
Name: Ford Credit
Contact Information 1( 800) 727- 7000
P. O. Box 552679
Detroit, MI 48255
Name: RDO
Contact Information 310- 223- 2400
1300 Kona Dr
Compton, CA 90220
Name: TD Auto Finance
Contact Information 1( 800) 556- 8172
P. O. Box 9223
Farmington Hills, MI 48333
Name: Vermeer
Contact Information 310- 223- 2400
1300 Kona Dr
Compton, CA 90220
Name: De Lage Landen Financial Services Inc.

Contact Information 1( 800) 736- 0220
1111 Old Eagle School Road
Wayne, PA 19087
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DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020 Equipment
Motor Vechiles/ Equipment
10 Pick Up Trucks
1 Roll- off Truck
3 40 yard Containers
2 Arrrow boards
1 One- ton Dump Truck
2 Small Trailers
3 25 yard Dump Trucks
2 Utility Vechiles
Landscaping Equipment/ Pruning Equipment/ Tools/ Safety Equipment:
5 Hedge trimmers- extensions
6 Lawn edgers- extensions
6 Lawn Mowers
3 Exmark Lazer z lawn mowers
8 Leaf Blowers
12 String Trimmers
5 Weed Killer Applicators
40 28" Safety cones
Misc. Safety Equipment( Traffic and Pedestrian Signs)- Gloves, Safety Glasses, Hard Hats, Ear Plugs, Safety Vests, Stop & SLow Hand Signs and Safety Flags North Star has more than enough equipment and resources to fulfill our contract obligations with the city of Baldwin Park in a very professional manner. In the event more equipment is needed for this project, we will get it from our maintenance facility. We have a major inventory of equipment as mentioned above to fulfill all our other contractual agreements with our other City Clients. i•
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DocuSign Envelope ID: B268AE14- 290E- 4057-AFAF- 1156105ED11A City of Los Alamitos — Park& Landscape Maintenance Services December 17, 2020 Work History
The following are Four (4) projects similar to this project:

City of Huntington Park
Landscape Maintenance Services currently under contract for$ 277, 515 per year. The contract was acquired in 2019. The contract entails us to provide all grounds/ landscape maintenance at city parks and listed public facilities, including, but not limited to pruning, trimming, shaping, and training of shrubs and groundcover plants, removing and controlling weeds, controlling plant diseases and pests, mowing lawn, edging lawn and groundcovers, irrigating plant materials, maintaining and repairing irrigation systems, removing trash and debris.

Daniel Hernandez, Director of Public Works( 323) 395- 1480 Currently under contract.

City of Montebello
Landscape Maintenance Services currently not under contract but was contracted for$ 140,000 per year. The contract was acquired in 2018. The contract entailed maintenance of all exterior landscaping including, city parks, lawn areas, planters, banks, flower beds, island median strips, irrigation systems adjacent to buildings and in and around parking lots.

David Sosnowski, Director of Recreation & Community Services( 323) 887- 1200 Currently not under contract.

City of Maywood
Landscape Maintenance Services currently under contract for$ 117, 600 per year. The contract was acquired in 2019. The contract entails maintenance of all exterior landscaping including, city parks, lawn areas, planters, flower beds, irrigation systems, removing trash and debris.

Abel Hernandez, Public Works Coordinator( 323) 562- 5700 Currently under contract.

Los Angeles County Habitat Authority
Landscape Maintenance Services currently under contract for$ 55, 000. The contract was acquired in 2018. The contract entails removal of weeds, removal of all dead limbs, dead brush and other dead vegetation, removal of rubbish and trash, and trimming of trees so that low hanging limbs do not allow fire transfer from ground fuels to the tree.

Andrea Gullo, Executive Director( 562) 945- 9003
Currently under contract.
o t Puente Hills
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Habitat Preservotlon Authority
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DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020 References
Reference# 1
Name: Daniel Hernandez
Organization: City of Huntington Park
Type of Service Citywide Landscape Maintenance
Contact Information 323) 395- 1480
6900 Bissell St.

Huntington Park, CA 90255
Date of Services 01/ 2019 to Present
Reference# 2
Name: David Sosnowski
Organization: City of Montebello
Type of Service Citywide Landscape Maintenance
Contact Information 323) 887- 1200
1600 W Beverly Blvd.

Montebello, CA 90640
Date of Services 05/ 2018 to 09/ 2020
Reference# 3
Name: Abel Hernandez
Organization: City of Maywood
Type of Service Citywide Landscape Maintenance
Contact Information 323) 562- 5700
4319 Slauson Ave.

Maywood, CA 90270
Date of Services 06/ 2019 to Present
Reference# 4
Name: Alvaro Encarnacion
Organization: City of Huntington Park
Type of Service Citywide Tree Maintenance
Contact Information 323) 353- 7504
6900 Bissel St.

Huntington Park, CA 90255
Date of Services 05/ 2018 to Present
Reference# 5
Name: Andrea Gullo
Organization: Los Angeles County Habitat Authority
Type of Service Weed Abatement
Contact Information 562) 945- 9003
7702 Washington Ave Suite C d"
Whittier, CA 90602
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Date of Services 05/ 2018 to Present O
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DocuSign Envelope ID: B2B8AE14- 290E- 4057-AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020 dcry
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August 29. 2018
RE: North Star Landcare
To Whom It May Concern
I am pleased to provide a letter of recommenestion for North Star Lardcare North Star has provide exoellert customer service and superior tree trimming and tree care services We value our relationship and continue to develop our tree program.

Recently. Tony Martinez and I started working on updating North Stars database and its integration into our GIS system. This is a clear example of North Star' s commitment to our city.

If you have any Questions, please don' t hesitate to contact me et 323- 39S- 148C Sincerely.

Daniel Hernardez.

Director of Public Vdorks
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North Star Landscape

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos - Park& Landscape Maintenance Services December 17, 2020 4A1 111 TED 1
c iAugust 27, 202( 1
RE: North Star Landcarc
To Whom It May Concern:

I am pleased to provide this letter of recommendation to Tony Martinez for North Star Landcare. North Star has provided excellent customer service. landscaping maintenance. and tree maintenance services for the City of Maywood. We value the relationship we have forged with North Star thus far as we continue to develop our landscaping and tree maintenance programs with them. We are very satisfied with the company' s versatility and efficient communication with our staff.

Recently. Tony Martinez and I have begun working on integrating Maywood' s tree data onto North Star' s database.

If you have any questions. please do not hesitate to contact int: at 323- 562- 570( 1 Sincerely,
Abel Hernandez
Public Works Coordinator
City of Maywood
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North Star Landscape

DocuSign Envelope ID: B2B8AE14- 290E- 4057-AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020 Insurance
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CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICiE3 BE CANCELLED BEFORE THE EXPIR. TION DATE THEREOF. NOTICE WILL SE DELrVERED IN Insureds File Copy ACCORDANCE WITH THE POLICY PROVISIONS.

E.411, 101112E0 REPREIEMTATSE
7 X!
ACORD 1988- 2015 ACORD CORPORATION. All rights reserved 25{201610319 The ACORD name and logo are registered marks of ACORD
0! OOro
North Star Landscape

DocuSign Envelope ID: B2B8AE14- 290E- 4057- AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020 Proposal Schedule

SECTION C

PROPOSAL SCHEDULE
PARK & LANDSCAPE 1LAINTEN( E
REQUEST FOR PROPOSAL ( RFP) 2020- 05
EC THE CITY OF LOS ALAMITOS. CALIFORNIA
SITE LOCATION"

ESTIMATED
i .n

UNIT ITEM

QUANTITY , PRICE AMOUNT
Katella median islands
East of the 605 freeway to

13. 390 LF 0. 45 S 6. 025. 50
Walker Street
Los Alamitos South of Coyote Creek to
Boulevard median
Drub of Bradbur Road
9088 LF 0. 45 S 4. 089. 60
islands
Farquhar Avenue—
East of Bloomfield Avenue
Southside wall and
to America Drive

1. 847 LF 0. 12 S 221. 64
parkway area
East of Los Alamitos
Rossmoor Islands Boulevard to West of Pine 420 LF 0. 45 S 189. 00 Street
East of Los Alamitos
Bradbury Islands Boulevard to West of Pine 417 LF 0. 45 S 187. 65 Street
Los Alamitos west side ( Hedvig to
s9_ 100 SF 0. 12 5 '_ 092. 00
Boulevard parkway Bradbury Road)
east side ( Harrisburg Road
Los Alamitos to Orangewood Avenue.

6. 240 SF 0. 12 S 748. 80
Boulevard parkway Good Sheperd Presbyterian
Church to Mobil Gas)
Katella Avenue
south side ( 605 to Polly >_,. , SF 0. 12 S 6. 272. 64
Pies)
7_
Farquhar Avenue south side 8. 712 SF , $ 0. 12 S 1. 045. 44 Stems Park 3571 Farquhar Avenue 4. 356 _ SF 0. 12 S 522. 72 Sorvptinust Park 10822 Pine Street 3, 920 SF 0. 12 S 470. 40 Stansbury Park 3 711 Toland Avenue 21. 780 SF 0. 12 , S 2. 613. 60 Laubordette Park 1-401 Howard Avenue 8. 712 SF 0. 12 S 1. 045.44 Little Cottonwood Park 4000 Farquhar avenue 235. 224 SF 0. 12 S 28. 226. 88 Orville Lewis Park 3662 Kempton Drive 47.916 SF 0. 12 $ 5. 749. 9' , Laurel Park 10915 Bloomfield Street 139. 392 SF 0. 12 S 16. 727. 0. 4 Sierra Circle. green
Cerritos and Bloomfield 3. 039 SF
belt

0. 12 $ 364. 68
City Hall Complex ( to ;
191 Katella Avenue 26. 136 SF 0. 12 S 3- 136. 32
include Roberts Park.

Reguesr For Propo: a.' 2020- 65 00
Park& Lartd: cape Maintenance Service.: 20. 70
Crib of La:. aiamito: c
27jPage a
tr4
North Star Landscape

DocuSign Envelope ID: B2BSAE14- 290E- 4057-AFAF- 1156105ED11A City of Los Alamitos —Park& Landscape Maintenance Services December 17, 2020 rear of Conuuuuun_
Center)
Ticonderoga patella
East of Ticonderoga Drive
service road
to the west of 5008 Katella 873 LF S 0. 1: S 104 76
Avenue( Potholder Cafe)
Oak Bike Path
Oak treet to Coyote Creek

1. 016 LF S 0. 1' S 121. 92
ark
The Contractor shall be responsible for calculating and providing unit prices for the schedule The Proposal Schedule shall include all costs for services. labor. materials. equipment. and installation associated with completing the work in place per the plans. specifications and details
Proposal Schedule Iotal: S S4. 955. 95
Proposal Schedule Total( Lu word): Eighty- Four Thousand Nine Hundred Fifty-Five Dollars And Ninety-Five Cents
North Star Landscape December 1 ', 2020
C ompany Name of Proposer Date
Lqu-: r For Prnpo_ a! 20: O- 05
Par it Land:: ape llanuenar! cc. Service:: 0: 0
Crn of io:- iran, rro:
28 Page
CT)
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111 North Star Landscape

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 21, 2023 ITEM NUMBER: 10I
To: Mayor Tanya Doby & Members of the City Council
Presented By: Ron Noda, Development Services Director
Subject: Amendment No. 2 with Terra Nova Planning & Research, Inc. for City’s General Plan Housing Element Consultation

SUMMARY
This item seeks approval of Amendment No. 2 with Terra Nova Planning & Research, Inc., to continue to provide preparation and consultation for the update on the City’s General Plan Housing Element until June 30, 2023 for an amount not to exceed $15,000. The current Professional Services Agreement (PSA) expired on December 31, 2022.

RECOMMENDATION
Authorize the Mayor to execute Amendment No. 2 with Terra Nova Planning & Research, Inc., in an amount not to exceed $15,000 and a term expiring June 30, 2023.

BACKGROUND
The City executed a Professional Services Agreement (PSA) with Terra Nova Research and Planning, Inc. in April 2021 to assist with preparation and consultation on the General Plan Housing Element update. The assistance would include the preparation of all California Environmental Quality Act (CEQA) documents required for environmental regulation compliance.

On December 17, 2020, the City released and subsequently re-noticed on January 26, 2021 and March 25, 2021, Request for Proposals (RFP 2020-04) for a State Housing and Community Development (HCD) LEAP Grants Program Consultant for the preparation of the City’s General Plan Housing Element.

At the time of bid opening, no bids were received and as a result, staff sought out suggestions from the State HCD office and other development professionals for assistance in locating qualified firms. Two firms were identified and each submitted proposals for the preparation and consultation of the Housing Element. Ultimately, the project was awarded to Terra Nova Planning and Research, Inc. in the amount of $64,940, which was reimbursed by the Local Early Action Planning (LEAP) Grants Program.

In April 2022, City Council approved Amendment No. 1 to provide additional time for the completion of the update to the Housing Element and technical assistance from Terra Nova Planning and Research, Inc., as the City navigates through the final review process with the California Department of Housing and Community Development (HCD).

DISCUSSION
At this time, the implementation of the updated Housing Element is in its final stages of consideration for approval by the City Council and by HCD thereafter. Upon receiving Council's approval of the proposed changes to the Housing Element, Terra Nova Planning and Research, Inc. will continue to provide technical assistance to the City until approval is secured from HCD. It is anticipated that this work will be completed by June 30, 2023.

FISCAL IMPACT
The LEAP Grant Funding provided $65,000 to assist with the City's update to the General Plan Housing Element. The project has expended its LEAP Grant Funding and amendment No. 2 seeks additional funding of $15,000 to cover the cost for services through June 30, 2023.

Attachment: 1. Amendment 2 - Terra Nova Consulting (2023)

2. Amendment 1 - Terra Nova Consulting (2022)

3. Professional Services Agreement - Terra Nova Consulting (2021)

4. Housing Element Status Correspondence

1750297.1
AMENDMENT No. 2 TO PROFESSIONAL SERVICES AGREEMENT
[City of Los Alamitos and Terra Nova Planning & Research, Inc.] This Amendment No. 2 to Professional Services Agreement (“Second Amendment”) is made and entered into on this 21st day of February, 2023 by and between the City of Los Alamitos, a California charter city and municipal corporation, (“City”) and, Terra Nova Planning and Research, Inc. a California Corporation (“Firm”).City and Firm are sometimes collectively referred to herein as the “Parties.”

RECITALS
A. City and North Star Land Care entered into that certain Professional Services on April 20, 2021, to provide a Housing Element Update through the California Department of Housing and Community Development (HCD) Local Early Action Planning (LEAP) Grants Program (“Agreement”), which is incorporated herein by this reference.

B. City and Firm entered into Amendment No. 1 to the Agreement (“First Amendment”) on April 18, 2022, extending the Agreement term through December 31, 2022, while increasing the contract amount not to exceed amount of Eighty-OneThousand-Five-Hundred-Ninety Dollars ($81,590).

C. City and Firm desire to amend the Agreement to extend the term of the Agreement, subject to the terms and provisions of this Amendment.

NOW, THEREFORE, City and Firm mutually agree as follows:

1. Section 2.1 of the Agreement is hereby amended and restated in its entirety to read as follows:

2.1. Maximum Contract Amount. Firm shall be compensated for the Project Services performed, including authorized reimbursements, if any, in accordance with the professional hourly rates and charges set forth in the Scope of Services in an amount not to exceed the Maximum Contract Amount of Ninety-six thousand five hundred and ninety dollars ($96,590). The maximum amount of the City’s payment obligation under this Agreement is the amount specified in this section.

2. Section 3.4 of the Agreement is hereby amended and restated in its entirety to read as follows:

3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the Effective Date and shall continue in full force and effect until June 30, 2023, unless extended by mutual written agreement of the Parties.

1750297.1

3. Scope of Services. The letter from Terra Nova Planning & Research, Inc., dated February 2, 2023, re Housing Element Status attached to this Second Amendment as Exhibit “A” is hereby appended to and made a part of and an addendum to the Agreement’s Scope of Services.

4. Except as expressly modified above, all terms and conditions of the Agreement shall remain unchanged and in full force and effect.

5. The persons executing this Second Amendment on behalf of the Parties hereto warrant that they are duly authorized to execute this Second Amendment on behalf of said Parties and that by so executing the Parties are formally bound to the provisions of this Second Amendment.

1750297.1
IN WITNESS WHEREOF, the Parties have executed and entered into this Amendment as of the date first written above.
“City”
City of Los Alamitos
By:_______________________________
Tanya Doby
Mayor
APPROVED AS TO FORM.

Woodruff, Spradlin & Smart, APC
By:__________________________________
Michael S. Daudt
City Attorney
ATTEST:

By:_______________________________
Windmera Quintanar, MMC
City Clerk
“Firm”
Terra Nova Planning & Research, Inc.

By:_______________________________
John D. Criste
President
[email protected]
By:_______________________________
Nicole Sauviat Criste
Vice President
[email protected]

DocuSign Envelope ID: 481898F0- 7C3E-45B3-9946-A1 F068CA0570 AMENDMENT No. 1 TO PROFESSIONAL SERVICES AGREEMENT
City ofLos Alamitos/ Terra Nova Planning& Research, Inc.

This Amendment No. 4 to Professional Services Agreement (" Amendment") is made and entered into on this 18th day of April, 2022 by and between the City of Los Alamitos, a California charter city and municipal corporation, (" City") and, Terra Nova Planning and Research, Inc., a California Corporation, (" Firm"). City and Firm are sometimes collectively referred to herein as the " Parties."

RECITALS
A. City and Firm entered into that certain Professional Services Agreement on April 20, 2021 to provide a Housing Element Update through the HCD Leap Grants Program, which is incorporated herein by this reference..

B. City and Firm desire to amend the Agreement, subject to the terms and provisions ofthis Amendment.

NOW, THEREFORE, City and Firm mutually agree as follows:

1. Section [ 2. 1] & [ 3. 4] of the Agreement is hereby amended and restated in its entirety to read as follows:

2. 1 Maximum Contract Amount.

Firm shall be compensated for the Project Services performed, including authorized reimbursements, if any, in accordance with the professional hourly rates and charges set forth in the Scope of Services in an amount not to exceed EightyOne- Thousand- Five- Hundred- Ninety Dollars ($ 81, 590). The maximum amount of City' s payment obligation under this Agreement is the amount specified in this section.

3. 4 Term.

Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the Effective Date and shall continue in full force and effect, ending on December 31, 2022, unless extended by mutual written agreement of the Parties.

2. Scope of Services. The Letter from Terra Nova Planning & Research, Inc., dated March 31, 2022, re Housing Element Status attached to this Amendment as Exhibit A" is hereby appended to and made a part of and an addendum to the Agreement' s Scope of Services.

3. Except as expressly modified above, all terms and conditions of the Agreement shall remain unchanged and in full force and effect.

DocuSign Envelope ID: 481898F0- 7C3E- 45B3- 9946- A1 F068CA0570

4. The persons executing this Amendment on behalf of the Parties warrant that they are duly authorized to execute this Amendment on behalf of said parties and that by so executing the Parties are formally bound to the provisions of this Amendment.

IN WITNESS WHEREOF, the Parties have executed and entered into this Amendment as of the date first written above.

City"
City of Los Alamitos
r-- DocuSigned by:

By
giiaeyY-asselbrink 5/ 4/ 2022
Mayor
APPROVED AS TO FORM. ATTEST:

Woodruff, Spradlin& Smart, APC
r—DocuSigned by: 1—DocuSigned by:

By. Mi, at,, S. NatBy: Oiiln,kltVa iinfauM
Michaerg2. 2uauut8... 5/ 4/ 2022 numeragQuintanar, MMC
City Attorney City Clerk 5/ 4/ 2022
Firm"
Terra Nova Planning & Research, Inc.

By.5DocuSigned
by:
0-0) V cN''Stt
szJaD n
ohn D.
rz oorCa.
riste 5/ 4/ 2022
President
jcriste@terranovaplanning. com
e— DocuSigned by:

MCASau iaf ( fish-) Via, Pn silt-1AI By'
pe ss laai...
1icofe Sauviat Criste 5/ 4/ 2022
Vice President
ncriste@terranovaplanning. com

DocuSign Envelope ID: 481898F0- 7C3E- 45B3- 9946- A1 F068CA0570 Exhibit" A"
Terra Nova Planning & Research, Inc., letter dated March 31, 2022, re Housing Element Status

DocuSign Envelope ID: 481898F0- 7C3E- 45B3- 9946- A1 F068CA0570 TERRA NOVA PLANNING & RESEARCH, INC. ®
Mr. Tom Oliver March 31, 2022
Associate Planner
City of Los Alamitos
3191 Katella Avenue
Los Alamitos, CA 90720
RE: Housing Element Status
Dear Mr. Oliver:

As you are aware, completion of the Housing Element Update has been delayed by multiple factors.

As of this date, we have completed the first batch of changes based on the Department of Housing and Community Development' s ( HCD) first comment letter. The revised Housing Element has been posted for public review, and the Planning Commission held a workshop on March 23rd to take public input. The revised document is now ready for either processing through the Planning Commission and City Council, or resubmittal to HCD for a second review.

As we discussed yesterday, and based on the input received at the March 23rd workshop, changes may be needed to add another inventory site to the Element, and it is likely that a third draft will be needed, as HCD is being inconsistent in its reviews of the AFFH section of the Element, and additional requests from them are likely. Based on our conversation yesterday, we plan on presenting the Housing Element to the Planning Commission in April, seeking adoption from the City Council in May, and resubmitting an Adopted Housing Element to HCD in early June. HCD will have 90 days to review the adopted document, and is expected to require further changes, leading to a likely re- adoption.

On this basis, we would expect to complete our contracted tasks by the end of this year.

The budget for the project was $64, 940.00, and included two HCD reviews and one set of adoption hearings. $ 16, 052. 78 remains in the budget as of March 1. This amount is sufficient through the adoption of the Element in June, but insufficient for a third draft and second adoption process, as described above. We would expect that the additional work for third draft/ second adoption will require an additional $ 10, 000. 00 to complete. In addition, the City is considering the modification of the Element to add an additional inventory site. This would require the modification of the current second draft, and a review for internal consistency. Should the City determine that it wishes to make these changes, that effort will require an additional $ 3,400. 00. Therefore, the anticipated total additional funds required would be $ 13, 400. 00.

Please feel free to contact me if you have any questions.

Sincerely,
rA
Nicole Sauviat Criste
Principal
42635 MELANIE PLACE, SUITE 101, PALM DESERT, CA 92211 ( 760) 341- 4800

DocuSign Envelope ID: BCOB1443- 71CB- 4C66- 99AE- 92BE3FE8983A

PROFESSIONAL SERVICES AGREEMENT
Terra Nova Planning and Research, Inc.

THIS PROFESSIONAL SERVICES AGREEMENT (" Agreement") is made and entered into, to be effective this 20 day of April 2021 (" Effective Date"), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (" City") and Terra Nova Planning and Research, Inc., a California Corporation, (" Firm"). City and Firm are sometimes hereinafter individually referred to as " Party" and are hereinafter collectively referred to as the Parties."

RECITALS
A. City has determined that it requires the services of a qualified firm to provide a Housing Element Update through the HCD Leap Grants Program (" Project").

B. Firm has submitted to City a written proposal, dated April 8, 2021, to provide consulting and preparation services for the Project.

C. Firm represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, and expertise, to provide the necessary services to City and has agreed to provide such services as set forth herein.

D. City desires to engage Firm to provide such services subject to the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. SERVICES OF FIRM

1. 1 Scope of Services and Standard of Performance. Firm shall provide those services set forth in the Housing Element Update Proposal, dated April 8, 2021, attached hereto as Exhibit" A"(" Scope of Services" and/ or" Project Services"). Firm shall provide the Project Services in compliance with all terms and conditions of this Agreement. Firm warrants that all Project Services shall be performed in a skillful, competent, professional and satisfactory manner in accordance with all standards prevalent in the same profession in the State of California. Firm represents and warrants that it is skilled in the professional Professional Services Agreement— Terra Nova Planning and Research, Inc.

HCD LEAP Grants Program
City of Los Alamitos
11Page

DocuSign Envelope ID: BC0B1443- 71CB-4C66- 99AE- 92BE3FE8983A discipline necessary to perform the Project Services. Firm represents and warrants that it and all employees, subconsultants and subcontractors providing any services pursuant to this Agreement shall have sufficient skill and experience to perform the Project Services. All Project Services shall be completed to the reasonable satisfaction of City.

1. 1. 1 Resolution of Inconsistencies. In the event of any inconsistency between or among the terms and conditions contained in the main body of this Agreement and the Scope of Services, such inconsistency shall be resolved by applying the provisions in the highest priority of the documents containing such inconsistency, which shall be determined in the following order of declining priority: ( 15L) the main body of this Agreement; and ( 2nd) the Scope of Services.

1. 2 Compliance with Law. All Project Services shall be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of City and any federal, state or local governmental agency of competent jurisdiction.

Firm shall be liable for all violations of such laws, ordinances, resolutions, statutes, rules and regulations in connection with performance of the Project Services. If Firm performs any Project Services in violation of such laws, ordinances, resolutions, statutes, rules or regulations, Firm shall be solely responsible for all penalties and costs arising therefrom. Firm shall defend, indemnify, and hold City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to comply with such laws, ordinances, resolutions, statutes, rules or regulations.

1. 3 Licenses and Permits. Prior to performing any Project Services, Firm shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services. Firm represents and warrants to City that Firm shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Firm to perform the Project Services. Firm shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Firm' s performance of the Project Services, and shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services.

1. 4 Familiarity with Work. By executing this Agreement, Firm warrants that Firm ( a) has thoroughly investigated and considered the Project Professional Services Agreement— Terra Nova Planning and Research, Inc.

HCD LEAP Grants Program
City of Los Alamitos
2IPage

DocuSign Envelope ID: BCOB1443- 71CB- 4C66- 99AE- 92BE3FE8983A Services to be performed, ( b) has carefully considered how the Project Services should be performed, and ( c) fully understands the facilities, difficulties and restrictions attending performance ofthe Project Services under this Agreement.

1. 5 Care in Performance of Project Services. Firm shall adopt reasonable methods during the term of the Agreement to prevent losses or damage to materials, papers or other components of the Project Services, and shall be responsible for all such damages, to persons or property, until acceptance of the Project Services by the City, except such losses or damages as may be caused by City' s own negligence.

1. 6 Non- Exclusive Agreement. Firm acknowledges that City may enter into agreements with other firms, contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Firm further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.

2. COMPENSATION

2. 1 Maximum Contract Amount. Firm shall be compensated for the Project Services performed, including authorized reimbursements, if any, in accordance with the rates and charges set forth in the professional hourly rates and charges set forth in the Scope of Services in an amount not to exceed sixty- eight one- hundred and ninety Dollars ($ 68, 190. 00). The maximum amount of City' s payment obligation under this Agreement is the amount specified in this section.

2. 2 Method of Payment. In any month in which Firm wishes to receive payment, Firm shall no later than first working day of such month, submit to the City, in a form approved by the City Manager or his designee, an invoice for services rendered prior to the date of the invoice.

Such requests shall be based upon the amount and value of the services performed by Firm and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. Within thirty ( 30) calendar days of receipt of invoice, City shall pay all undisputed amounts included on the invoice.

2. 3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, signed by an individual authorized to formally bind the Party for which he/ she is signing, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: ( a) to provide for revisions or modifications to documents or other work product when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/ or, (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Firm' s profession.

Professional Services Agreement—Terra Nova Planning and Research, Inc.

NCD LEAP Grants Program
City of Los Alamitos
3IPage

DocuSign Envelope ID: BC0B1443- 71CB- 4C66- 99AE- 92BE3FE8983A

2. 4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Los Alamitos City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.

3. SCHEDULE OF PERFORMANCE

3. 1 Time of Essence. Time is of the essence in the performance of this Agreement.

The time for completion of the Project Services to be performed by Firm is an essential condition of this Agreement.

3. 2 Schedule of Performance. Firm shall prosecute regularly and diligently the Project Services according to the periods specified in the Scope of Services. When requested by Firm, extensions of the time period( s) specified in the Scope of Services may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant any such extension.

3. 3 Force Maieure. The time for performance ofthe Project Services may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Firm ( financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/ or acts of any governmental agency, including the City, if Firm, within ten ( 10) calendar days of the commencement of such delay, notifies the City Manager in writing ofthe causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager' s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Firm be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Firm's sole remedy being extension of the Agreement pursuant to this section.

3. 4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the Effective Date and shall continue in full force and effect for a period of approximately ten months, ending on February 28, 2022, unless extended by mutual written agreement of the Parties.

4. COORDINATION OF PROJECT SERVICES

4. 1 Firm' s Representative. The following principal of Firm is hereby designated as being the principal and representative of Firm authorized to act on its behalf with respect to the Project Services and to make all decisions in connection therewith: Nicole Sauviat Criste. It is Professional Services Agreement—Terra Nova Planning and Research, Inc.

HCD LEAP Grants Program
City of Los Alamitos
4IPage

DocuSign Envelope ID: BCOB1443- 71CB- 4C66- 99AE- 92BE3FE8983A expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Firm and devoting sufficient time to personally supervise the Project Services performed hereunder. The foregoing principal may not be changed by Firm without prior written approval ofthe Contract Officer.

4. 2 City' s Contract Officer. The City' s Contract Officer shall be Acting Deputy City Manager, Ron Noda, and is subject to change by the City Manager. It shall be the Firm' s responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Project Services, and the Firm shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4. 3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Firm, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Firm shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Firm shall not contract with any other entity to perform the Project Services without prior written consent of City. If Firm is permitted by City to subcontract any part of this Agreement, Firm shall be responsible to City for the acts and omissions of its subcontractor( s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the performance of Project Services will be considered employees of Firm. City will deal directly with and will make all payments to Firm.

In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent( 25%) of the present ownership and/ or control ofFirm, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Firm or any surety of Firm from any liability hereunder without the express written consent of City.

4. 4 Independent Contractor.

4. 4. 1 The legal relationship between the Parties is that of an independent contractor; nothing herein shall be deemed to make Firm a City employee. During the performance ofthis Agreement, Firm and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Firm will determine the means, methods and details Professional Services Agreement—Terra Nova Planning and Research, Inc.

HCD LEAP Grants Program
City of Los Alamitos
5IPage

DocuSign Envelope ID: BCOB1443- 71CB- 4C66- 99AE- 92BE3FE8983A of performing the Project Services subject to the requirements of this Agreement. The personnel performing the Project Services on behalf of Firm shall at all times be under Firm' s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Firm or any of its officers, employees, or agents, except as set forth in this Agreement. Firm, its officers, employees or agents, shall not maintain a permanent office or fixed business location at City' s offices. City shall have no voice in the selection, discharge, supervision, or control of Firm' s officers, employees, or agents or in fixing their number, compensation, or hours of service. Firm shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Project Services and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Firm in its business or otherwise a joint venturer or a member of any joint enterprise with Firm.

4. 4. 2 Firm shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.

4.4.3 No City benefits shall be available to Firm, its officers, employees, representatives, agents, subconsultants or subcontractors in connection with the performance of any Project Services. Except for professional fees paid to Firm as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Firm for the performance of any Project Services. City shall not be liable for compensation or indemnification to Firm, its officers, employees, representatives, agents, subconsultants or subcontractors, for injury or sickness arising out of the performance of any Project Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 herein, of any nature relating to salary, taxes, or benefits of Firm' s officers, employees, representatives, agents, or subconsultants or subcontractors, Firm shall defend, indemnify, and hold harmless City from and against all such financial obligations.

4.5 PERS Eligibility Indemnification.

4. 5. 1 In the event that Firm or any officer, employee, representative, agent, subconsultant or subcontractor of Firm providing any Project Services claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System( PERS) to be eligible for enrollment in PERS as an employee of the City, Firm shall indemnify, defend, and hold harmless City against ( 1) all such claims and determinations, ( 2) for the payment of any employee and/ or employer contributions for PERS benefits on behalf of Firm or its officers, employees, representatives, agents, subconsultants or subcontractors, and ( 3) the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

4. 5. 2 Notwithstanding any other agency, state or federal policy, rule, regulation, Professional Services Agreement— Terra Nova Planning and Research, Inc.

NCO LEAP Grants Program
City of Los Alamitos
6IPage

DocuSign Envelope ID: BCOB1443- 71CB- 4C66- 99AE- 92BE3FE8983A law or ordinance to the contrary, Firm and any of its officers, employees, representatives, agents, subconsultants or subcontractors providing any Project Services shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/ or employee contributions for PERS benefits.

5. INSURANCE

5. 1 Compliance with Insurance Requirements. Firm shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Firm shall not commence any Project Services unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Firm' s existing insurance policies do not meet the insurance requirements set forth herein, Firm agrees to amend, supplement or endorse the policies to do so.

5. 2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Firm shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:

5.2. 1 Professional Liability/Errors and Omissions Insurance (" PLI"). Firm shall obtain and maintain a policy of Professional Liability or Errors and Omissions Insurance appropriate to Firm' s profession with per-claim and aggregate limits of no less than Two Million Dollars ($ 2, 000, 000. 00). Covered professional services shall specifically include all Project Services to be performed under the Agreement and the policy shall be endorsed to delete any exclusions that may exclude coverage for claims within the minimum PLI limits set forth herein for the Project Services to be performed under this Agreement.

5.2. 1. 1 The PLI policy shall be endorsed to delete any Contractual Liability Exclusion. The PLI shall include contractual liability coverage applicable to this Agreement. The policy must" pay on behalf of the insured, and include a provision establishing the insurer' s duty to defend the insured.

5. 2. 1. 2 Ifthe PLI policy is written on a" claims- made" basis, the policy shall be continued in full force and effect at all times during the term ofthis Agreement, and for a period of three ( 3) years from the date of the completion of all Project Services provided hereunder( the PLI Coverage Period"). If any PLI policy is replaced, cancelled, non- renewed, discontinued, or otherwise terminated, or ifthe limits of a PLI policy are reduced or the available coverage depleted below the required minimum coverage amounts for any reason during the PLI Coverage Period, Firm shall immediately obtain replacement PLI coverage meeting the requirements of this Section Professional Services Agreement— Terra Nova Planning and Research, Inc.

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DocuSign Envelope ID: BCOB1443- 71CB- 4C66- 99AE- 92BE3FE8983A

5. 2. 1. Such replacement coverage shall satisfy all requirements herein, and shall include coverage for the prior acts or omissions of Firm during the time period during which any Project Services were performed. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended" tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City.

5.2. 1. 3 Ifthe PLI policy is written on an" occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion ofthe Project Services provided for in this Agreement, whichever is later. In the event of termination of the PLI policy during this period, new coverage shall immediately be obtained, and written evidence of the policy shall be immediately provided to the City, to ensure PLI coverage during the entire course of performing the Project services.

5. 2. 1. 4 Firm shall not perform any Project Services at any time during which required types or amounts of PLI insurance are not in effect, and the City shall have no obligation to pay Firm for Project Services performed while required PLI insurance is not in effect.

5. 2. 2 Commercial General Liability Insurance. Firm shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance ( CGL). Coverage shall be at least as broad as ISO Form CG 00 01 written on a per occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits of no less than One Million Dollars 1, 000, 000. 00) per occurrence and Two Million Dollars($ 2, 000. 000. 00) in the general aggregate.

The policy shall not contain any endorsements or provisions limiting coverage for( 1) contractual liability, ( 2) cross liability exclusion for claims or suits by one insured against another, or ( 3) contain any other exclusion contrary to the Agreement.

5. 2. 3 Automobile Liability Insurance. Firm shall obtain and maintain, in full force and effect throughout the term ofthis Agreement, a policy ofAutomobile Liability Insurance.

Coverage shall be at least as broad as ISO Form CA 00 01 written on a per occurrence basis, covering Code 1 ( any auto), or if the Firm has no owned autos, Code 8 ( hired) and Code 9 ( nonowned), with limits of no less than One Million Dollars ($ 1, 000,000.00) for each occurrence covering bodily injury and property damage.

5. 2. 4 Workers' Compensation Insurance. Firm shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers' Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State ofCalifornia. Firm agrees to waive and obtain endorsements from its workers' compensation insurer waiving all subrogation rights under its workers' compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise Professional Services Agreement— Terra Nova Planning and Research, Inc.

HCD LEAP Grants Program
City of Los Alamitos
Wage

DocuSign Envelope ID: BC0B1443- 71CB- 4C66- 99AE- 92BE3FE8983A under their workers' compensation insurance policies. Firm shall also obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer' s Liability Insurance written on a
per occurrence basis with limits of at least One Million Dollars ($ 1, 000, 000. 00) per accident for bodily injury or disease. Notwithstanding the foregoing, Firm shall not be required to procure either Worker' s Compensation Insurance or Employer' s Liability Insurance if Firm provides written verification to the City that Firm does not have any employees.

5. 3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better( if an admitted carrier), or a current rating of A:X or better( if offered by a non- admitted insurer listed on the State of California List of Approved Surplus Lines Insurers ( LASLI)), by the latest edition of A.M. Best' s Key Rating Guide, except that the City will accept workers' compensation insurance from the State Compensation Fund. In the event the City determines that the work or Project Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Firm agrees that the minimum limits ofthe insurance policies may be changed accordingly upon receipt of written notice from the City. Firm shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.

5. 4 Specific Insurance Provisions and Endorsements. 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 written approval. Required insurance policies shall contain the following provisions, or Firm shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:

5. 4. 1 CGL and Auto Liability Endorsements. The policy or policies of insurance required by this section for CGL and Automobile Liability Insurance shall be endorsed as follows:

5.4. 1. 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 ofthe Agreement; and

5.4. 1. 1. 1 Additional Insured Endorsements. Additional insured endorsements shall not ( 1) be restricted to " ongoing operations", ( 2) exclude " contractual liability", ( 3) restrict coverage to " sole" liability of Firm, or ( 4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.

5. 4. 1. 2 Primary and Non- Contributing Insurance. Each CGL and Automobile Liability Insurance policy shall be endorsed to 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.

Professional Services Agreement— Terra Nova Planning and Research, Inc.

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City of Los Alamitos
9IPage

DocuSign Envelope ID: BCOB1443- 71CB- 4C66- 99AE- 92BE3FE8983A

5. 4. 1. 3 Waiver of Subrogation. Each CGL and Automobile Liability Insurance policy shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Firm or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Firm hereby agrees to waive its own right ofrecovery against the City, its officials, officers, employees, agents and volunteers, and Firm hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

5.4. 2 Notice of Cancellation. Each policy of any type shall be endorsed to provide that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty ( 30) calendar days prior written notice has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Firm' s failure to pay the insurance premium, the notice provided by the insurer to City shall be by not less than ten( 10) calendar days prior written notice. ( A statement that notice will be provided "in accordance with the policy terms" or words to that effect is inadequate to meet the requirements of this section.)

5. 5 Deductibles and Self- Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance. The decision whether to approve or withhold approval of a deductible or self-insured retention shall be made by the City in the City' s sole and absolute discretion.

5. 6 Evidence of Coverage. Concurrently with the execution of the Agreement, Firm shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Firm shall promptly furnish, at City' s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City may require to verify coverage.

5. 6. 1 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 written approval.

5. 6.2 Authorized Signatures. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf.

5.6.3 Renewal/ Replacement Policies. At least fifteen ( 15) calendar 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, Firm shall, within ten( 10) calendar 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 Professional Services Agreement— Terra Nova Planning and Research, Inc.

HCD LEAP Grants Program
City of Los Alamitos
10IPage

DocuSign Envelope ID: BCOB1443- 71CB- 4C66- 99AE- 92BE3FE8983A has been provided through another insurance company or companies meeting all requirements of this Agreement.

5. 7 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Firm may be held responsible for payments of damages to persons or property.

5. 8 Enforcement of Agreement( Non- Estoppel). Firm acknowledges and agrees that actual or alleged failure on the part ofthe City to inform Firm of any non- compliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.

5. 9 Insurance for Subconsultants. Firm shall either: ( 1) include all subconsultants or subcontractors engaged in the performance of Project Services on behalf of Firm as additional named insureds under the Firm' s insurance policies; or ( 2) Firm shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms ofthe insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. Firm shall not allow any subconsultant or subcontractor to commence any work or services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section.

5. 10 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Firm and its subconsultants and subcontractors, if any, pursuant to this Agreement:

5. 10. 1 Firm shall provide immediate written notice to City if ( 1) any of the insurance policies required herein are terminated, cancelled or suspended, ( 2) the limits of any of the insurance coverages required herein are reduced, or( 3) the deductible or self-insured retention is increased.

5. 10. 2 All insurance coverage and limits provided by Firm and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent ofthe policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

5. 10. 3 None of the insurance coverages required herein will be in compliance with the requirements of' this section if they include any limiting endorsement which substantially Professional Services Agreement—Terra Nova Planning and Research, Inc.

HCD LEAP Grants Program
City of Los Alamitos
111 Page

DocuSign Envelope ID: BCOB1443- 71CB-4C66- 99AE- 92BE3FE8983A impairs the coverages set forth herein ( e. g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.

5. 10. 4 Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Firm' s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.

5. 10.5 Firm agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Firm, provide the same minimum insurance coverage required of Firm. Firm agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Firm agrees that upon request, all agreements with subcontractors and others engaged in the provision of Project Services will be submitted to the City for review.

5. 10. 6 Firm agrees to provide immediate written notice to City of any claim, demand or loss against Firm arising out of the work or Project Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.

6. INDEMNIFICATION
To the fullest extent permitted by law, Firm shall defend ( at Firm' s sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses, penalties, judgments, arbitration awards, settlements, damages or injuries of any kind, in law or in equity, including but not limited to property or persons, including wrongful death, ( collectively " Claims") in any manner arising out of, pertaining to, related to, or incident to any alleged acts, errors or omissions, or willful misconduct of Firm, its officers, directors, employees, subconsultants, subcontractors, agents or invitees in connection with performance under this Agreement, or in any manner arising out of, pertaining to, related to, or incident to an alleged breach of this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses.

Notwithstanding the foregoing, and only to the extent that the Project Services performed by Firm are subject to California Civil Code Section 2782. 8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782. 8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct ofthe Firm.

Professional Services Agreement— Terra Nova Planning and Research, Inc.

NCO LEAP Grants Program
City of Los Alamitos
12 IPage