Agenda Packet as of January 10, 2025 — Newport Beach City Council, January 14, 2025 (part 1 of 2)

CITY OF NEWPORT BEACH

CITY COUNCIL AGENDA

JANUARY 14, 2025
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660

CLOSED SESSION – 4:00 P.M.

REGULAR MEETING – 5:30 P.M.

JOE STAPLETON, Mayor
LAUREN KLEIMAN, Mayor Pro Tem
MICHELLE BARTO, Councilmember
NOAH BLOM, Councilmember
ROBYN GRANT, Councilmember
SARA J. WEBER, Councilmember
ERIK WEIGAND, Councilmember

GRACE K. LEUNG, City Manager
AARON C. HARP, City Attorney
LEILANI I. BROWN, City Clerk

NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT Any presentation requiring the use of the City of Newport Beach’s equipment must be submitted to the City Clerk 24 hours prior to the scheduled City Council meeting.

LEVINE ACT
Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a contract (other than competitively bid, labor, or personal employment contracts), franchise, license, permit, or other entitlement for use, is required to disclose on the record of the proceeding any contribution in an amount of more than five hundred dollars ($500) made within the preceding 12 months by the party or the party’s agent to any elected or appointed officer of the City. If you have made a qualifying contribution, please ensure to make this disclosure on the record.

PUBLIC HEARINGS
If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.

NOTICE TO THE PUBLIC
Any times listed in this agenda are provided as a courtesy and the actual item may be heard either before or after the time given.

This agenda was prepared by the City Clerk and staff reports are available in the City Council Chambers lobby located at 100 Civic Center Drive. Staff reports or other written documentation have been prepared or organized with respect to the items of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk staff at 949-644-3005. Agendas and staff reports are also available on the City's webpage at newportbeachca.gov/agendas.

The City of Newport Beach’s goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in every reasonable manner. Please contact City Clerk staff prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or [email protected]).

NEWPORT BEACH CITY COUNCIL AGENDA

CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
JANUARY 14, 2025

CLOSED SESSION – 4:00 P.M.

REGULAR MEETING – 5:30 P.M.

I. ROLL CALL – 4:00 p.m.

II. PUBLIC COMMENTS ON AGENDA AND NON-AGENDA ITEMS

The City Council of Newport Beach welcomes and encourages community participation. Public comments are invited on items listed on the agenda and non -agenda items. Speakers must limit comments to three minutes per person to allow everyone to speak. Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non-agenda items.

III. CLOSED SESSION – Council Chambers Conference Room

A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter

Agency Designated Representatives: Grace K. Leung, City Manager, Barbara Salvini, Human Resources Director, and Jonathan Holtzman, Esq., Negotiators.

Employee Organizations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Newport Beach Lifeguard Management Association (NBLMA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Employees Association (NBPTEA); and Part Time Employee s Association of Newport Beach (PTEANB).

B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter

Property: A portion of the public right-of-way adjacent to 929 Zurich Circle (423-282-04) and 944 Via Lido Nord (423-281-10) (approximately 1,105 square feet).

City Negotiators: Seimone Jurjis, Assistant City Manager, and Lauren Whitlinger, Real Property Administrator.

Negotiating Parties: Palmer Luckey on behalf of the 929 Zurich Circle Trust and the 944 Via Lido Nord Trust.

Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.

C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 2 matters

John Doe S.C. v. City of Newport Beach et al.

Orange County Superior Court Case No. 30-2022-01299631-CU-PP-CJC

Barbara Salvini v. City of Newport Beach
Orange County Superior Court Case No. 30-2024-01442980-CU-OE-CJC

IV. RECESS

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January 14, 2025

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V. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING

VI. ROLL CALL

VII. CLOSED SESSION REPORT

VIII. INVOCATION – Pastor Phil Eyskens, Lighthouse of Costa Mesa Church of the Nazarene

IX. PLEDGE OF ALLEGIANCE – Webelos Pack 108

X. PRESENTATION

• History of Lower Castaways by Bill Lobdell

XI. NOTICE TO THE PUBLIC

The City Council of Newport Beach welcomes and encourages community participation. Public comments are generally limited to three minutes per person to allow everyone to speak. Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non-agenda items.

XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON

COMMITTEE ACTIVITIES

XIII. PUBLIC COMMENTS ON CONSENT CALENDAR

This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 – 18). Public comments are also invited on Consent Calendar items. Speakers must limit comments to three minutes. Before speaking, please state your name for the record. If any item is removed from the Consent Calendar by a Councilmember, members of the public are invited to speak on each item for up to three minutes per item.

All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted by one motion in the form listed below. Councilmembers have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the City Council votes on the motion unless members of the City Council request specific items to be discussed and/or removed from the Consent Calendar for separate action.

XIV. CONSENT CALENDAR

READING OF MINUTES AND ORDINANCES

1. Minutes for the December 10, 2024 City Council Meeting Waive reading of subject minutes, approve as written, and order filed.

2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only.

RESOLUTIONS FOR ADOPTION

3. Resolution No. 2025 -1: Updating the List of Designated Employees for 2024 Under the City’s Conflict of Interest Code
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and

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b) Adopt Resolution No. 2025-1, A Resolution of the City Council of the City of Newport Beach, California, Updating the Appendix of Designated Employees and Appendix of Disclosure Categories of the City of Newport Beach Conflict of Interest Code.

4. Resolution Nos. 2025-2 and 2025-3: Amending the General Plan Advisory Committee and the General Plan Update Steering Committee
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2025-2, A Resolution of the City Council of the City of Newport Beach, California, Amending the General Plan Advisory Committee to Update the Membership and Provide for Annual Appointment of Members at the First City Council Meeting Held in February; and
c) Adopt Resolution No. 2025-3, A Resolution of the City Council of the City of Newport Beach, California, Amending the General Plan Update Steering Committee’s Term of Membership, Responsibilities and Provide for the Annual Appointment of Members at the First City Council Meeting Held in February.

5. Resolution No. 2025 -4: Approving an Amendment to the Key and Management Compensation Plan
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2025 -4, A Resolution of the City of Newport Beach, California, Approving an Amendment to the Key and Management Compensation Plan.

6. Resolution No. 2025-5: Creating the Ad Hoc Council Policy Review Committee a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2025-5, A Resolution of the City Council of the City of Newport Beach, California, Creating an Ad Hoc Committee to Review the City Council Policies and Make Recommendations to the City Council Regarding Revisions Thereto; and c) Appoint Mayor Joe Stapleton, Mayor Pro Tem Lauren Kleiman and Councilmember Sara J.

Weber to serve on the Ad Hoc Council Policy Review Committee.

CONTRACTS AND AGREEMENTS

7. Hillsborough Pump Station Rehabilitation – Notice of Completion for Contract No. 8758-2 (23W12)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.

8. Storm Drain System Upgrades – Notice of Completion for Contract No. 9148-1 (23D02) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.

9. 2023-2024 Facilities Painting Project – Notice of Completion for Contract No. 9393 -1 (24F02)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.

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10. 38th Street and Lake Avenue Landscape Improvement Project – Notice of Completion for Contract No. 9008-1 (24L01)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.

11. Police Department Parking Lot Maintenance – Award of Contract No. 7901-1 (25F02) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a signi ficant effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 7901-1 to Elegant Construction Inc., for the total bid price of $585,000 for the Police Department Parking Lot Maintenance, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $88,000 (approximately 15% of total bid) to cover the cost of unforeseen work not included in the original contract.

12. Approval of Maintenance and Repair Services Agreements with EverFence Corporation and Red Hawk Services, Inc. for On-Call Fencing
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve a Maintenance and Repair Services Agreement with EverFence Corporation for a five-year term and total not-to-exceed amount of $300,000, and authorize the Mayor and City Clerk to execute the agreement; and
c) Approve a Maintenance and Repair Services Agreement with Red Hawk Services, Inc. for a five-year term and total not-to-exceed amount of $300,000, and authorize the Mayor and City Clerk to execute the agreement.

13. Amendment No. Two to Professional Services Agreement for The Code Group dba VCA Code for Building Safety Related Services
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve and authorize the Mayor and City Clerk to execute Amendment No. Two to Professional Services Agreement with The Code Group, for Staff Augmentation and Plan Review Services to increase the contract amount by $250,000, for a not -to-exceed amount of $1,270,000.

14. Memorandum of Agreement with the City of Long Beach Acting By and Through the Port of Long Beach Board of Harbor Commissioners Authorizing Disposal of Lower Bay Dredged Material Into the Port’s Pier G Slip Fill Project a) Find that, pursuant to Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, the certified Environmental Impact Report for the Piers G and J Terminal Redevelopment (SCH No. 2000 -021021) addressed all environmental impacts associated with the City of Newport Beach entering into this Memorandum of Agreement, that there are no new or more severe impacts beyond those analyzed in that document, and, as a result, no further environmental review is required by CEQA; b) Approve and execute the Memorandum of Agreement with the City of Long Beach acting by and through the Port of Long Beach Board of Harbor Commissioners authorizing disposal of Lower Bay dredged material into the Port’s Pier G Slip Fill Project; and c) Authorize the City Manager or her designee to execute any future amendments or agreements with the City of Long Beach acting by and through the Port of Long Beach Board of Harbor Commissioners as related to the disposal of Lower Bay dredged material to ensure the City of Newport Beach meets the strict delivery schedule imposed by the Port.

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MISCELLANEOUS

15. Planning Commission Agenda for the January 9, 2025 Meeting Receive and file.

16. Confirmation of Nominations to Fill an Unscheduled Vacancy on the Parks, Beaches and Recreation Commission
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Confirm nominations of Kelly Denner and Travis Pirdy to fill the vacancy on the Parks, Beaches and Recreation Commission.

17. Confirmation of Mayor Joe Stapleton’s Appointments
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Confirm Mayor Joe Stapleton’s appointments under City Council Policy A -2, as provided in the staff report.

18. Ground Emergency Medical Transport Intergovernmental Transfer Voluntary Participation for Calendar Year 2025
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve the City of Newport Beach’s voluntary participation in the Public Provider GEMT Intergovernmental Transfer program per AB 1705 for Calendar Year 2025, and authorize the City Manager to execute the Public Provider Intergovernmental Transfer Program for Ground Emergency Medical Transportation Services Certification Forms and pay all necessary invoices.

ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR

THOSE ITEMS REMOVED

XV. ITEMS REMOVED FROM THE CONSENT CALENDAR

XVI. PUBLIC COMMENTS ON NON-AGENDA ITEMS

Public comments are invited on non -agenda items generally considered to be within the subject matter jurisdiction of the City Council. Speakers must limit comments to three minutes. Before speaking, please state your name for the record.

XVII. MOTION FOR RECONSIDERATION

A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Councilmembers who voted with the prevailing side.

XVIII. ADJOURNMENT

Testimony given before the City Council is recorded.

The timer light will turn yellow when the speaker has one minute remaining.

The timer light will turn red when the speaker has 10 seconds remaining.

PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE

CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
December 10, 2024
I. ROLL CALL - 5:30 p.m.

January 14, 2025
Agenda Item No. 1
Pre ent: Mayor Will O' eill, Mayor Pro Tern Joe Stapleton, Councilmember rad Avery, Councilmember oah Blom, Councilmember Robyn Grant, Councilmember Lauren Kleiman, ouncilmember Erik Weigand
II. INVOCATION - Mayor O'Neill
III. PLED GE OF ALLEGIANCE - Councilmember Avery
IV. PUBLIC COMMENTS
Mile Patrico la voiced fru tration with po ts about him on ocial m dia durin 17 the lection and a k d for political rhetoric to be toned down.

Adam Leverenz suggested that the Council consider greater flexibility regardi ng occupancy li mits in relation to It m 10 (Affordabl Housing Loan Agreement to Am rican Family Housing for the Trav elodge North Hom k y Proj ct at 1400 Bristo l Street, Costa Me a).

V. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON

COMMITTEE ACTIVITIES
Councilmember Grant:
• Recognized the e wport Beach Police Depart m n t (NBPD) for o1ving both a long-standing cold ca ·e and a more recent significant crime
• Thank ed the ommunit , local Cha mber pf ommerce, and lo al bu ine for th ir participation in upcoming holiday events
Mayor Pro Tern Stap leton:
• Wi hed Fire Chief Boyl s happy birthday
• At;t;ended the Restora tion Hardware Grand Open ing Party, Corona del Mar ( dM) hri tma Walk, and Boat Parade
VI. PUBLIC COMMENTS ON CONSENT CALENDAR
Jim Mo her r comm nded not changing the term of Financ Committe member in Item 5 (Amending the Term for Finance Committee Members) and suggested estab lishing a writ ten commitment for landscaping upkeep on the private property noted in Items 7 (Approval of Reimbursement Agreement with Cam o ommunity As ociation for East Coa t Highway Beautificat ion) and 8 (East Coa t Highway B autification - Shor Cliff Land caping).

VII. CONSENT CALENDAR

READING OF MINUTES AND ORDINANC ES

1. Minutes for the November 12, 2024 and November 19, 2024 City Council Meetings Waive reading of subject minutes, approve as amended , and order filed.

2. Reading of Ordina nces
Waive reading in full of all ordinances under con ·ideration and dir ct t;he City Clerk to read by tit le onJy.

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ORDINANCES FOR ADOPTION

3. Ordinance No. 2024-29: Amending Title 21 (Local Coastal Implementation Plan) of the Newport Beach Municipal Code Related to the Lido House Hotel Site (PA2020 -068) a) Find th is action is consistent with the Californ ia Environmental Quality Act (CEQA). Pursuant to Section 5062 of the CEQ Guidel ines, the changes authorized under the project are not ub tantial, as they do not involve new ignificant effect or a ubstantial increa e in th everity of previou ly identified ignificant effect , and th r fore, a ub equent Environmental Impact Report (EIR) does not need to be prepared; and
b) Conduct second reading and adopt Orclinance No. 2024-29, An Ordin ance of the City Council of the City of Newport Beach, Califo,nia, Adopting a Local Coastal Pro0 rn,m, Amendment to Change the Development Limit Specified for the Lid,0 House Hotel Located at 3300 Newport Boulevard and 475 32nd Street (PA2020-068).

Councilmember Blom recused himself from ltem 3 due to real propert y interest conflicts.

4. Ordinance Nos. 2024-30 to 2024-32: Establishing a Development Impact Fee Program (PA2021-127)
a) D termin th adoption of the e ordinance i not ubject to th alifornia Environmental Quality Act (CEQA) pur uant to S ctions 15060(c)(2), 15060( )(3), 15273, and 15378(b)(4) of the CEQA Guidelines because this action will not result in a. physic change to the environment, directly or indirectly;
b) Conduct second reading and adopt Ordinance No. 2024-30, An Ordinance of the City Council of the City of Newport Beach, California, Repealing and Replacing Chapter 14. 33 (Water and Sewer Capital Impro vement Fee) to the Newport Beach Mnnicipal Code Autho rizing Collection of Development Irnpact Fees for Water and Sewer Service Facilit ies, including the am nded exhibit; c) Conduct second reading and adopt Ord:i,nance No. 2024-31, An Ordinance of the City Council of the City of Newport Beach, Cat,:fornia, A(l,ding Chapt er 15.43 (Recreation Facilities lmpm vernent Fee) to the Newport Beach Mu,nicipal Code Authori zhig Collection of Development Impa ct Fees for Recreation Facilities; and
d) Conduct second readi.ng and adopt Ordinance No. 2024-32, An Ordinance of the City Council of the City of Newport Beach, Cali 9mia,, Atf,ding Chapter 15.44 (P11,blic Safety Development Impa ct Fee) to the Newport Beach M.,unicipal Code Aullwrizing Collection of Development Impa ct Fees for Police and Fire.. Service Facili:ties.

RESOLUTION FOR ADOPTION

5. Resolution No. 2024-91: Amending the Term for Finance Committee Members to Provide that any Seat on the Finance Committee Held by a Councilmember or the Councilmember's Citizen Appointee is Automatically Vacated Once the Councilmember is No Longer a Member of the City Council
a) D t rmin thi action i ex mpt from th California Environmental Quality Act (CEQA) pur uan t to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guideline becau ·e thi action will not re ult in a phy ical change to the nvironment, directly or indir ectly; and b) Adopt Resolution o. 2024-91, A Resolution of the City Council of the City of Newport, Beach, California, Amending the Term for F'inance Committee Members to Provide that any Seat on the Finance Committee Held by a, Cowicilmember or the Councilmembe r's Citizen Appointee is Au,tomati.cally Vacated Once the Cowicilmember is No Longer a, Member of the City Council.

CONTRACTS AND AGREEMENTS

6. Newport Coast Pickle ball Courts (Project No. 22P13) - Notice of Completion for Contract No. 9018-2
a) A cept the completed work and authoriz the City Clerk to file a otice of Completion for the project.

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7. Approval of Reimbursement Agreement with Cameo Community Association for East Coast Highway Beautification (C-9804-1)
a) Find this project exempt from the California Environmenta l Quality Act (CEQA) pur uant to Section 15301 (h) (rehabilitation of exi ting land cape) of the CEQA Guideline , California Code of Regulatio ns, Tit le 14, Chapter 3, because this project has no potent ial to have a significant effect on the environment; and
b) Approve a Reimburs ment Agre m nt with th Cameo Community A so iation for Irrigation and Land cape Improvem ent in the City of Newport Beach and aut horiz the Mayor and City Clerk to execute the agree ment.

Councilmember Kleiman recused herself from Item 7 due to potential financial benefit conflicts.

8. East Coast Highway Beautification - Shore Cliffs Landscaping (C-9805-1) a) Find this project exempt Erom the Californ:ia Environmental Quality Act (CEQA) purs uant to Section 15301 (h) (rehab ilitatio n of existing la ndscape) of the CEQA Guidelines, California Code of Regulations, Tit le 14, Chapter 3, because th is project has no pote ntia l to have a significa nt effect on the environment; and
b) Authorize the expen e for land cap and irrigation improvement of up to $125,000 within the public right -of-way and on th private propert ies locat d at 301, 321, 341 and 345 Evening Canyon Road.

Councilmember Kleiman recused herself from Item 8 due to potential financial benefit conflicts.

9. Purchase of 2025 North Star 234-5 Command Vehicle
a) Deter mine this action is exempt from the California Environmental Quality Act (CEQA) pw·suant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not r ult in a ph_y icc;!l chan g t o the environm nt, directly or indirectly; and b) Approve th election and purchase or a 2026 North Star 234-5 Command Vehicle, from Braun ort hwest Inc., using cooperative selection and prici ng under H-GAC agreement#AMl0 -23, and authorize the City Manager to execute a purchase order in the amou nt of $382,625.42 .

10. Pulled from the Consent Calendar

11. Amendment No. Four to the Professional Services Agreement with Psomas for Environmental Services Related to the Newport Village Mixed-Use Project (PA2022-0166) (C-8605 -lA)
a) Deter mine t his actio n is exempt from the California E nvironmental Quality Act (CEQA) pursuant to Sections 16060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this act ion will not re ult in a phy ical change to the environment, directly or indir ctly; and b) Approv Amendm nt o. Four to th e Profe ional Service Agr ment with P omas for Environmental Impact Report for Newport Village Mixed-Use Development to extend the termi nation date to December 31, 2026, and author ize the Mayor and City Clerk to execute the Amendment.

MISCELLANEOUS

12. Planning Commission Action Report for the November 21, 2024 Meeting and Agenda for the December 5, 2024 Meeting
R ceive and file.

13. First Quarter Budget Update
a) Deter mine this action is exempt from the California Environmenta l Quality .ct (CEQA) purs uant to Section 15060(c)(2) and 15060(c)(3) of th CEQA Guidelin becau e thi action will not result in a physica l cha nge to the envi ronment, direct ly or indirectly; Volume 65 - Page 219
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b) Approve Budget Amendment No. 25-024, adjust ing revenue estimates and expend iture appropr iations as outlined in the report; and
c) R ceiv and fil the report of budget amendments for th first quarter .

Motion by Mayor Pro Tern Stapleton, seconded by Councilmember Avery , to approve the Consent Calendar , except for Item 10; and noting the recusal by Councilmember Kleiman to Items 7 and and Councilmember Blom to It m 3, the amendments to Item 1, and the amended exhibit to Ordinance No. 2024-30 (Item 4).

The motion carried unanimously.

VIII. ITEM REMOVED FROM THE CONSENT CALENDAR

10. Affordable Housing Loan Agreement to American Famil y Housing for the Travelodge North Homekey Project at 1400 Bristol Street , Costa Mesa (C- 9806-1) Councilmember Kleiman relayed that she has quest ions and concerns about the agreement terms, especia lly the pract ical app lication of local priorities relative to homelessness and affordable hou ing, and a ked that he and Councilmember Grant work with taff on th t nant plan and final agreement term .

Noa Tuliau, Policy Fellow at County Supervisor Katri na Fol y office, di cu ed the Homekey in a Box Program and expressed Supervisor Foley's commitment to working with the City to solve the homelessness crisis .

Motion by Councilmember Kleiman, seconded by Councilmember Grant, to a) find thi project is exempt from the Californja Environmenta l Quality Act (CEQA) pursuant to Section 15301 (Existi ng facilities) and Section 15302 (Replacement or Reconstr uction) of the CEQA Guidelines, California Cod of Regulations, Titl 14, Cha,pter 3, becau e thi project ha no potentia l to have a ignificant ef£ ct on the environment; b) appro v Budg t Amendment No. 25-047, appropriating $3,000,000 for increase d expenditures in th Permanent Supportive Housing Account o. 01201925 - 980000-22M15; c) authorize t~e Cjty Manager to fi nalize negotiatio ns and a uthorize the City Manager and City lerk o execute the ffordable Housing Loan gree ment betwee n the City of Newport Beach and American Family Hou ing, LLC, to loan $3,000,000 to convert the property at 1400 Bri tol treet, osta Mesa , into per manent upportive housing, provided the term of the Agr ement axe ub tantia lly imjlar with the Agreement attached to the taff report, which t rm shall be reviewed a nd appt-:oved by the City ttorney's Office, and to take any other action necessary to implement. t.he gree ment, including, but not limited t.o, app roving a nd executing add itional documents related thereto; and d) allow Councilmember Kleiman and Councilmember Gra nt to work wi th sta ff on fi nalizing the ter ms of the agree ment.

The motion carried unanimously.

IX. PUBLIC COMMENTS REGARDING CITY COUNCIL REORGANIZATION Dennis Bress thanked the outgoing members of Council for their service and noted contin ued efforts to work with th Aviation Committe to have aircrafts fly r high, slower, and quieter.

Noa Tuliau congrat ulated the newly elected and reelected members of the City Council on behalf of County Supervisor Katrina Foley, expressed gratitude to the outgoi.ng Councilmembers , noted Sup rvi ·or Fol y intent to work collaborativ ly with th City, and provided her contact information .

He provid d Certificate of Recognition for distribution to the outgoing, newly elected, and r elected Council members.

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X. C ITY COUN CIL REORGANIZATION

PRESENT ATIONS
• Presen tation of Gavel Plaque to Mayor Will O'Neill
Mayor Pro Tern Staple ton recognized MayorO'Neill's accomplishme nts and contributions to the City during his time on Council, displayed photos, and than ked Mayor O'Nejl] and his family for his ervice.

Mayor Pro Tem tapleton presented Mayor O'Neill with a gavel plaq ue and custom challenge coin holder in recognit ion of h is serv ice as Mayor during 2024. • Presentation s to Outgoing Councilmemb ers
Costa Mesa Mayor John Stephens read and presented a commendation to Mayor O'Neill.

Former Senator Jan et guyen, 34th District, presented Senate Resolutio ns to Mayor O' eill and Councilmember Avery.

Cooper Strul l from Assembly Member Diane Dixon's office, 72nd Dist ict, presented Certificates of Recocrnition to Mayor O' eill and Councilmember Avery.

Councilmemb r Weigand pre nted gifts to Mayor O'N ill and Councilmember Av ry, and thank d them for their service.

Mayor Pro Tern Stapleton presented com emoratiye clocks to Mayor O'Neill and Councilmernber . very on behalf of the City.
• Remark s by Outgoing Councilmembe rs
Councilmember Avery noted his eight yeru; of ervice on Council, tat d that it wa an honor to serve the citizens of a t hr iving C~ty, noted collaborative efforts wi.th fellow members of Council, and expressed his gratitude to ity Manager Leung and her team, the police and fire department s, and City taff. He tated tha,t h plan tp follow the work of the City Council due to hi continued interest in the City affair , and xpr ed interest in exploring other opportuniti to erve. He relayed hi gratitude for h is wife's emotional support, thanked Will O'Neill for his leader ship, and congratulated the new CounciJmembers .

Mayor O'Neill thanked hjs wife Jenny, his children , the voters, ouncil colleagues, ouncilmember Avery, and City staff . He shared the story of Alexfa Portillo' s request for ADA "wrap around" swings irnrl t.hankP.rl hP.r for hP.ing an P.xamplP._ HP,, ,:;t:at.P.rl that thP. City hP.nP.:fit.,:; whP.n cit.izP.n8 hP.lp ,:;olvR problem , noted the honor it ha been to recognize the helper in the community , gift d each Councilmember with cu tom artwork from M Street Artwork, and extended a bl ing to the new Council and the City.

CERTIFICATION OF GENERAL MUNICIP.4L ELECTION RESULTS

14. Resolution No. 2024-92: Certific ation of General Municipal Election Results City Clerk Brown provided a report and announced that the City' voter turnout wa over 2%.

Motion by Councilmember Weig and. seconded by Councilmember Grant , to a) determin e thi action i xempt from th alifornia Environmental Quality Act (CEQA) pur uant to Section 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a phys ical change to the environ ment, direct ly or indirectly; and b) adopt Resolution No. 2024-92, A Resolution Volume 65 - Page 221
City of Newpor t Beach
City Council Meeting
December 10, 202 4
of the City Council of the City of Newport Beach, Calif omia, Reciting the Facts of the General Municipal Election held on Tuesday, November 5, 2024, and Declaring the Result and Such Other Matters as Provided by Law.

The motion carried unanimou sly.

Mayor O'Neill and Councilmember Avery stepp d down from the dai .

REORGANIZATION

15. Administration of Oath of Offi ce
City Clerk Brown call d reelected Councilmember Noah Blom forward . Hi wife, Marin , admini ter d the Oath of Office prescribed in the State Con titution, ru1d City Clerk Brown presented a Certificate of Election to Councilmember Blom.

City Clerk Brown called newly elected Councilmember Michelle Barto forward . Former Mayor Will O'Neill administered the Oath of Office prescribed in the State Const itution, and ity Jerk Brown pre ented a rtificat e of Election to Council member Barto .

City Clerk Brown called the newly elected Councilme_i;nber ara J . Weber forward. Former Mayor Will O'Neill admini tered the Oath of Office prescribed in the State Constitution, and City Clerk Brown presented a Certi6cate of E]ection to Counci l member Weber.

16. Elect ion of Mayor
City Clerk Brown, in presiding, placed all members of the Cit,y Council on an equal basis to nominate and elect.

Councilmember Kl iman nominated Councilm mber Stapleton for the po ition of Mayor.

Motion by Councilmember Grant, seconded by Councilmemb er Barto , to close nomination s.

The motion carried unanimousl y.

Councilmemb r Stapleton wa I ct d una nimou ly a the Mayor of the City of Newport B ach for 2024.-2025 and took his place a the Council dais.
1 7. Election of Mayor Pro Tern
Mayor tapleton, in pre iding, placed all member of the City Council on an equal ba i to nominat e and elect.

Councilmember Blom nominat ed Councilmember Kleiman for the po ition of Mayor Pro Tern.

Motion by Councilm ember Blom. second ed by Mayo r Stapl eton, to close nominations.

The motion carried unan imousl y.

Councilmember Kleiman was selected unanimou sly as the Mayor Pro Tern of the City of ewport Beach for 2024-2025 and took h r place at the Council dai .

18. Seating Arrangem ents for C ity Council
Council members decided on the seating arrangement for the Council dais pursuant to City Council Policy A·l. The following seat ing order was determi ned (left to right):

Volume 65 - Page 222
City of Newport Beach
City Council Meeting
December 10, 2024
Noah Blom • Sara J. Weber • Lauren Kleiman • Joe Stap leton - Robyn Grant • Michelle Barto • Erik Weigand

19. Remarks
Elected Counci:trnember Remarks:

Councilmember Blom thanked his wife and har d that he got involved in the City to mak e a difference, expressed gratitude for his colleagues, thought that ewport Beach had the greatest Council, and looked forward to taking care of City staff, especially the firefighters, police officers, and lifeguards .

Councilmember Barto expre ed her gratitude for being part of the City, the public upport he receiv d, and her family, and looked forward to erving on Council.

Council member Weber thanked Will O'Neill and Brad very for their service and keeping ewport Beach the best City in the world. She also thanked her foends, the votern, her husband, her parents, and her daught ers, and extended congratulations to Mayor Stapleton and Mayor Pro Tern Kleiman.

New Mayor Remarhs:

Mayor Stapl eton thanked former Mayors O'Neill and Avery for their ervice to the community, relayed Newport Beach's uniqu eness, acknowledged his mentors , expressed his sincere gratitude, thanked the voters and his colleagues for their trust in him, and noted that he appreciated working with a group ofleader working toward a common goal. He recognized that thi wa the fir t female majority City Council in the hi tory of New ort Beach and thanked his friend , family, and hi wife, Julie. He announced his 2025 theme as Mayor to be " elebra Newport." He relayed a plan to recognize the past, present, and future cont Jbutors to ·he City and spoke on initiatives that support public safety, technology, community infra tructur e, tran portation , tra h collection, futur e leader hip developm nt, collaboration, celebration, growth, and community.

XI. PUBLIC COMMENTS
Jim Mosher suggested that new members of the City Council read throug h the Consent Calendar and ugge ted adding th ity Council me ting location to the re olution for Item 20 (Re olution o. 2024- 93: Setting City Council R ular M ting Date for Calendar Year 2025). He al o a ked Council to consider a City Council meeting start time that is convenient for more members of the public to a tend.

Craig Sheets utilized a presentati on to discuss offshore oil wells, weapon storage , stack freight containers, oil tankers, children from other countries lear ning to use weapons, and the sun.

Sup rvisor Don Wagn r, 3rd Di trict, ext nd d hi upport to th City and congratulated Council.

Huntington Beach Councilmember 'I'ony Strickland congratulated Mayor tapleton, Mayor Pro 'I'em Kleiman, Councilmember Weber, Councilmember Barto, and former Mayor O'Neill , and expressed bis excitement, to work with the City.

XII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA
• Consider directing City staff to make a recommendation to the City Council regarding a new ordinance designating portions of Corona del Mar, including, but not limited to, Pirate's Cove, Corona del Mar State Beach, Little Corona del Mar Beach, Ocean Boulevard, and the surrounding neighborhoods, as a Safety Enhancement Zone for the 4th of July holiday weekend, and at other times deemed appropriate [Kleiman] Volume 65 - Page 223
City of Newport Beach
City Council Meeting
December 10, 2024
Council unanimously concurred to bring the matter back at a future meet ing. • Consider creating an ad hoc committee to review and make recommendations for revisions to the City Council Policy Manual [Kleiman]
Mayor Stap leton, Mayor Pro Tern Kleiman, and Councilmember Barto, Blom, Grant, and Weber concurred to bring the matter back at a future meeti ng.

XIII . CONSENT CALENDAR

RESOLUTION FOR ADOPTION

20. Resolution No. 2024-93: Setting City Council Regular Meeting Dates for Calendar Year 2025
Councilm m ber Weigand r quest d a chang . to the April 2025 date. to April 15 and April 29, 2025.

Motion by Councilmember Weigand, seconded by Councilmember Grant, to a) determine this act ion is exempt from the California Environ menta l Quality Act, (CEQA) purs ua nt to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not resu lt in a physical change to the nvironm nt, directly or indirect ly; and b) adopt amended Re olu tion o. 2024-93, A Resolution ol the City Co11,ncil ol the City of Newpo 1· Beach, C ,liforn ia,, etting the Time and Dates of City Council Reg11,lar Meetings for Calendar Year 2025.

The motion carried unanimously.

XIV. MOTION FOR RECONSIDERATION - None
XV. ADJOURNMENT - 6:57 p.m.

The agenda was posted on the City's website and on the City Hall electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic Center Drive on December 5, 2024 , at 4':00 p.m.

Leilani I. Brown
City Clerk
Joe Stapleton
Mayor
Volume 65 - Page 224
= CITY OF============

NEWPORT BEACH
City Council Staff Report
January 14, 2025
Agenda Item No. 3
TO: HONORAB LE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Leilani I. Brown, City Clerk - 949-644-3005 ,
[email protected]
PREPARED BY: Leilani I. Brown, City Clerk
TITLE: Resolution No. 2025-1: Updating the List of Designated Employees for 2025 Under the City's Conflict of Interest Code
ABSTRACT:

The City of Newport Beach updates its Conflict of Interest Code annually.

DISCUSSION:

The City's Conflict of Interest Code was first adopted in 1977 in response to the enactment of the 1974 Political Reform Act (Act). In February 1990, the City updated its Conflict of Interest Code pursuant to Section 18730 of the regulations adopted by the Fair Political Practices Commission. The City's Conflict of Interest Code consists of two basic parts:

1. The body of the code contains the provisions required by Section 87302 of the Act, such as the manner of reporting financial interests and the method to be used by designated positions when they are required to disqualify themselves from making or participating in the making of decisions; and

2. The Appendix to the code lists the positions of those designated employees within the agency who make or participate in the making of decisions which may foreseeably have a material effect on economic interests. It includes the corresponding disclosure categories for each position , specifying which kinds of economic interests are reportable by designated employees in their Statement of Economic Interests. 3-1
Resolution No. 2025-1: Updating the List of Designated Employees for 2025 Under the City's Conflict of Interest Code
January 14, 2025

Page 2 ends

Prior to the time the Statement of Economic Interests are submitted to the City Clerk on an annual basis, the list of "Designated Employees" is reviewed with the City's department directors to determine if there are additions or deletions that need to be made. The positions on the Designated Employees List (included as Exhibit 1 to Attachment A) were determined in cooperation with the department directors by evaluating each position to determine their job duties and corresponding disclosure categories .

The disclosure categories are listed beside each position and indicate the different financial interests within the City which must be disclosed and reported on each Designated Employee's Statement of Economic Interests depending upon whether the duties involve a broad range of duties or involve specific duties, such as contracting or decisions which might affect real property interests.

FISCAL IMPACT:

There is no fiscal impact related to this item.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A - Resolution No. 2025-1 with Exhibits
Attachment B - Exhibit 1 (redline)
3-2

ATTACHMENT A
RESOLUTION NO. 2025-1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWPORT BEACH, CALIFORNIA, UPDATING THE

APPENDIX OF DESIGNATED EMPLOYEES AND

APPENDIX OF DISCLOSURE CATEGORIES OF THE CITY

OF NEWPORT BEACH CONFLICT OF INTEREST CODE
WHEREAS, the California Political Reform Act, Government Code Sections 81000 et seq. ("Act''}, requires every local governmental agency to adopt and promulgate a Conflict of Interest Code;
WHEREAS, the Fair Political Practices Commission ("FPPC") adopted regulations for compliance with the Act under Division 6 of Title 2 of the California Code of Regulations ("Regulations");
WHEREAS, Section 18730 of the Regulations ("Section 18730") provides that incorporation by reference of the terms of Section 18730, along with the designation of employees by position ("Designated Employees") who make or participate in the making of decisions which may foreseeably have a material effect on economic interests, and the formulation of disclosure categories specifying which kinds of economic interests are reportable by Designated Employees in their Statement of Economic Interests, constitute the adoption and promulgation of a Conflict of Interest Code as required by Government Code Section 87300 or the amendment of a Conflict of Interest Code within the meaning of Government Code Section 87306;
WHEREAS, on February 26, 1990, the City Council adopted Resolution No. 90- 21 , which adopted Section 18730 as provided under the Regulations, along with an appendix of Designated Employees ("Appendix of Designated Employees") and an appendix of Disclosure Categories ("Appendix of Disclosure Categories"); WHEREAS, subsequent to February 26, 1990, the City Council periodically adopted resolutions updating the Appendix of Designated Employees and the Appendix of Disclosure Categories to reflect personnel and staffing position changes; WHEREAS, California Assembly Bill No. 1170, effective January 1, 2025, amended Government Code Section 87500 to require that all positions designated in Government Code Section 87200 file their Statement of Economic Interests directly with the FPPC using the FPPC's electronic filing system but did not change the existing requirement that the City's Designated Employees and other designated positions file their Statement of Economic Interests directly with the City Clerk; and 3-3
WHEREAS, the City Council desires to adopt an updated Appendix of Designa1ed Employees and Appendix of Disclosure Categories to reflect continuing personnel and staffing position changes in effect as of the date of this resolution.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach, California, as follows:

Section 1: The Regulations, as required by Section 18730, are incorporated herein by this reference.

Section 2: The Appendix of Designated Employees, which is attached hereto as Exhibit 1 and incorporated herein by this reference, is hereby adopted and I
incorporated as part of the City of Newport Beach Conflict of Interest Code.

Section 3: The Appendix of Disclosure Categories, which is attached hereto as Exhibit 2 and incorporated herein by this reference, is hereby adopted and incorporated into the City of Newport Beach Conflict of Interest Code.

Section 4: All previously adopted Appendix of Designated Employees and Appendix of Disclosure Categories are hereby superseded.

Section 5: All positions designated in Government Code Section 87200 shall file their Statement of Economic Interests directly with the FPPC using the FPPC's electronic filing system.

Section 6: With the exception of those positions designated in Government Code Section 87200, all Designated Employees and other positions listed in the Appendix of Designated Employees shall file their Statement of Economic Interests with the City Clerk electronically.

Section 7: The City Clerk is hereby instructed to take all necessary actions to implement compliance with the Regulations, including preparation and distribution of necessary reporting forms and the subsequent filing and recording of all required reports.

Section 8: The recitals provided above are true and correct and are incorporated into the substantive portion of this resolution. 3-4
Section 9: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 10: The City Council finds this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Section 11: This resolut[on shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify the vote adopting the resolution.

ADOPTED this 14th day of January, 2025.

ATTEST:

Leilani I. Brown
City Clerk
APPROVED AS TO FORM:

CA A: Rc ·s 7r:_
Aaron C. Harp
City Attorney
Joe Stapleton
Mayor
Attachments: Exhibit 1 - 2025 Designated Employees List Exhibit 2 - Appendix of Disclosure Categories
3-5
EXHIBIT 1
3-6
EXHIBIT 1
APPENDIX OF DESiGNATED POSITIONS
(including elected officials and consultants)
Departments/Positions
Citv Council
. - - . -
Office of the Citv Attornev
Cifv Attorney
Assistant City Attorney
Deoutv City Attornev
Paraleoal .

Office of the Citv Clerk
City.Clerk · - ... . .

Assistant City Clerk . -
- •'
. ,
Office of the Citv Manaaer
Ci.tv .Manager
Assistant City Manaoer
Deputy City Manaoer
Public Information Manager
M~naQement Analyst
IT Manager .

IT Suoervisor
Communitv Develoomen[Deoartment . .

Community Development Director - -
Deputy Community Develppment Director
Svstems & Administrator Manacier
Administrative Analyst
Building Division:

Real Property Administrator
Senior Plan Check Enoineer
- - -·
Princioal Building Inspector
Senior Building Inspector
Building lnsoector II ' .

Permit Specialist II
_ Permit Specialist
Principal Civil Engineer
Senior Civil Engineer
Civil Engineer
EMS Plans Examiner
Principal Engineer
Senior Plan Check EnQine~r
Plan_ning Technician
Permit Technician II
Permit Technician Supervisor
Permit Specialist II
Disclosure
Categories
GC §87200
GC §87200
1 1 ..
2,3
1 i
1 .

GC§87200
1 I 1
1 2
2 2
.-
1 1
2 - 2, 3,4
3,4
3, 4
3,4
3,4
3, 4 ,,
3,4
3,4
3,4
3, 4
3,4
. 3,4
3,4
3,4
3,4
- 3, 4 .
3,4
3,4
3-7
Disclosure
Department/Positions Categories
...

P/annina Division:

Planning Manager 1
Principal Planner 1
Senior Planner 2, 3, 4
Associate Planner 2, 3, 4
Assistant Planner 3,4
Code Enforcement Supervisor 3, 4
Code.Enforcement Officer, Senior 3,4
Code Enforcement Officer I 3,4
Code Enforcement Officer Trainee
...
3,4
, ... ·· -
Finance Deoartment
Finance Director/City Treasurer GC ~87200
Deputy Finance Director 1
Revenue Manager 2, 3
Finance Manager 2, 3
PurchasinQ and Contracts Administrator 2
Senior Accountant 2 ...

Senior Buyer 2
Buver 2
Fire Deoartment
Fire Chief 1
Assistant Fire Chief 1
Assistant Fire Chief of Lifeguard Operations 1
EMS Division Chief -. 1 ,
Fire Marshal 1
tMS Captain 2
Administrative Manager 2
Assistant Manaoement Analvst 2
Deputy Fire Marshal 3,4
Senior Fire Inspector .. . 3,4
Senior Fire Inspector 3, 4
Fire Service.s Coordinator - ·" 2
Recreation Coordinator 2 -
. -
Harbor Deoartment
Harbormaster/Director ' 1 -
Deputy Harbormaster 1
Human Resources Deoartment
Human Resources Director 1
Human Resources Manager 2
..
' ' .. - -
Librarv Services Deoartment
-····
Library Services Director 1 '' ··- -
Library Services Manager 2
Adult Services Coordinator (Librarian Ill) 2
Branch and Youth Services Coordinator (li brarian Ill) 2 Circulation and Technical Processina Coordinator (Librarian Ill) 2 3-8
Disclosure
Department/Positions Categories
Police Deoartment
Chief of Police 1
Deputy Chief of Police 1
Suooort Services Administrator 1
Executive Officer to the Chief of Police 2
Suooort Services Lieutenant .. 2
Police Fiscal Service/Facility ManaQer 2
Public Works Deoartment
Administ ration and Finance Division: --
Public Works Director 1
~ublic Works Finance/.A.dministrative Manaoer - 1
Administrative Analyst 2
Analyst 2
Manaaement Specialist 2
- . .

Engineering and Transportation Division:

Deputy Public Works Director/City Engineer - Public Works 1 Administrative Manager 2,3,4
Assistant City Engineer 2 3,4
City T raffle Enaineer 1
Principal Civil Engineer 2, 3, 4
Senior Civil Engineer 2, 3
Senior Civil Engineer-Plan .Check -- 3,4
Associate Civil Enaineer 2
Associate Civil Enoineer 3 4
Associate Civil Engineer-5% 2
Associate Civil Enaineer-Plan Check 2,3, 4
Senior Public Works Inspector 2,3,4
Public Works Inspector. 2, 3, .4
Public Works Inspector II 2,3,4
Senior Enaineer 2, 3,4
Construction Manager 2,3,4
Water Conservation Coordinator - 3,4
Municipal Operations Divisio n:

Deoutv Public Works Director - Municipal Operations - 1 Assets Maintenance Manager 2 4
City Arborist 2, 3,4
Refuse Manaqer 2. 3,4
Field Maintenance Ma-naaer
-
2,3
Parks and Trees Manager 2,3, 4
Equipment Maintenance Supervisor 2
Facilities Maintenance Supervisor 2,4
Landscape Maintenance Supervisor 2
. - -·
Recreation and Senior Services Deoartment ,.

Recreation and Senior Services Director 1
Deoutv Recreation. and Senior Services Director 2
Recreation and Senior Services Manager 2
-
3-9
Disclosure
Department/Positions Categories
Utilities De artment
Utilities Director 1
2 2
Disclosure
Boards, Commissions and Committees Categories -
Boards Commissions and Committees
Board of Librarv Trus.te.es .. 2
Buildina and Fire Board of Aooeals 3, 4
Cit\,Arts _Cornmission' •" .- ' ,. •: ;c· ' ~-· '2
.,
, ' .

Civil Service Board 3
Finance Committee 1
Harbor Commission 3,4 - Parks, Beacliies and 'Recreation CommisSiQn " -.;4 .. " . " Planning Commission GC ~87200 ., -
Consultants l 1
Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure catego.ry in the code subject to the following limitation:

The Department Director may determine In writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section.

Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Department Director's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.
3-10
EXHIBIT 2
3-11
EXHIBIT 2

APPENDIX OF DISCLOSURE CATEGORIES

CATEGORY DESCRIPTION OF CATEGORY
GC 87200 Must disclose all personal investments and business positions in business entities, sources of income and interests in real property within Newport Beach. 1 DESIGNATED EMPLOYEES WHOSE DUTIES ARE BROAD AND INDEFINABLE. 2 3
4 5
Must disclose all personal investments and business positions in business entities, sources of income and interests in real property within Newport Beach.

CONSULTANTS shal! disclose pursuant to the broadest disclosure category in the code subject to the following limitation:

The Department Director may determine in writing that a particular consultant, although a "designated posmon," is hired to perform a range of duties that is limited In scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Department Director's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

DESIGNATED EMPLOYEES WHOSE DUTIES INVOLVE CONTRACTING OR PURCHASING.

Must disclose investments and business positions in business entities within Newport Beach and income from sources within New ort Beach which manufacture, sell or provide supplies, materials, books, machinery, services, equipment or computer equipment of the type utilized by the City, or utilized by the employee's department.

DESIGNATED EMPLOYEES WHOSE DUTIES INVOLVE REGULATORY POWERS.

Must disclose all investments and business positions in business entities within Newport Beach, and income from sources within Newport Beach which are subject to the regulatory, permit or licensing authority of the City of Newport Beach.

DESIGNATED EMPLOYEES WHOSE DECISIONS MAY AFFECT REAL PROPERTY INTERESTS.

Must disclose investments and business positions in business entities within Newport Beach, and income from sources within Newport Beach which engage in land development, construction or the acquisition or sale of real property, and all interests in real property.

POSITIONS WHICH INVOLVE CITY SELF-INSURANCE BENEFITS.

Must disclose all int~rests in real property, investments and business positions in business entities within Newport Beach and sources of income within Newport Beach from:
a) Persons or entities which provide services, supplies, materials, machinery or equipment of the type utilized by the agency.
b) Entities which are engaged in the business of insurance including, but not limited to, insurance companies, carriers, holding companies, underwriters, brokers, solicitors, agents, adjusters. claims managers and actuaries.
c) Financial institutions including, but not limited to, banks, savings and loan associations and credit unions.
d} Entities or persons who have filed a claim, or have a claim pending, against the agency. 3-12

ATTACHMENT B
EXHIBIT 1

APPENDIX OF DESIGNATED POSITIONS
(including elected officials and consultants)
Departments/Positions
Citv Council
Office of the Citv Attornev
City Attorney
Assistant City Attorney
Deputy City Attorney
Paralegal
Office of the Citv Clerk
City Clerk
n:- ·!· Assistant City Clerk
Office of the Citv Manaaer
City Manager
Assistant City Manager
Deputy City Manager
Public Information Manager
Management Analyst
IT Manager
IT Supervisor
Communitv Develooment Deoartment
Community Development Director
Deputy Community Development Director
Systems & Administrator Manager
Administrative Analyst
Building Division:

Real Property Administrator
Senior Plan Check Engineer
Principal Building Inspector
Senior Building Inspector
Building Inspector II
Permit Specialist II
Permit Specialist
Principal Civil Engineer
Senior Civil Engineer
Civil Engineer
EMS Plans Examiner
Principal Engineer
Senior Plan Check Engineer
Planning Technician
Permit Technician II
Permit Technician Supervisor
Permit Specialist II
Disclosure
Categories
GC §87200
GC §87200
1 1
2, 3
1 1
GC §87200
1 1
1 2
2 2
1 1
2 2, 3,4
3,4
3, 4
3,4
3,4
3 4
3,4
3,4
3,4
3 4
3,4
3,4
3, 4
3,4
3,4
3 4
3,4
3,4
3-13
Disclosure
Department/Positions Categories
Planning_ Division:

Plannina Manaaer 1
Principal Planner 1
Senior Planner 2, 3,4
Associate Planner 2, 3, 4
Assistant Planner 3,4
Code Enforcement Supervisor 3, 4
Code Enforcement Officer, Senior 3,4
Code Enforcement Officer I 3, 4
Code Enforcement Officer Trainee 3, 4
Finance Deoartment
Finance Director/City Treasure r GC ~87200
Deputy Finance Director 1
Revenue Manager 2, 3
Finance Manaoer 2 3
Purchasing and Contracts Administrator 2
Senior Accountant 2
Senior Buyer 2
Buyer 2
Fire Deoartment
Fire Chief 1
Assistant Fire Chief 1
Assistant Fire Chief of Lifeguard Operation s 1
EMS Division Chief 1
Fire Marshal 1
EMS Captain 2
Administrative Manager 2
Assistant Management ,6,ssistaRtAnalvst 2
I :,:_ C'-.l:-L. '"'
• "-~ 111 Deoutv Fire Marshal 3, 4
- · - -- -"'J
I :,:_ C'-.t:-L . '"'
• "-~ " Senior Fire lnsoector 3, 4 -· - -- _,..
1 '"': ~--"':!·: '"'- - -·-~::.! 'Fire lnsoector 3, 4
Fire Services Coordinator 2
Recreation Coordinator 2
Harbor Deoartment
Harbormaster/Director 1
Deputy Harbormaster 1
Human Resources Deoartment
Human Resources Director 1
Human Resources Manager 2
Librarv Services Deoartment
Library Services Director 1
Library Services Manager 2
Adult Services Coordinator (Librarian Ill) 2
Branch and Youth Services Coordinator (Librarian Ill) 2 Circulation and Technical Processing Coordinator (Librarian Ill) 2 3-14
Disclosure
Department/Positions Categories
Police Department
Chief of Police 1
Deputy Chief of Police 1
Support Services Administrator 1
Executive Officer to the Chief of Police 2
Suooort Services Lieutenant 2
Police Fiscal Service/Fac ilitv Manaaer 2
Public Works Deoartment
Administration and Finance Division:

Public Works Director 1
Public Works Finance/Administrative Manager 1
Administrative Analyst 2
Analyst 2
Management Specialist 2
Engineering and Transportation Division:

Deputy Public Works Director/City Engineer - Public Works 1 Administrative Manager 42 3 4
Assistant City Engineer 2, 3,4
City Traffic Engineer 1
Principal Civil Engineer 2, 3,4
Senior Civil Engineer 2, 3
Senior Civil Engineer-Plan Check 3,4
Associate Civil Engineer 2 3 4
A,- r;.,;1 c:--=---- i::.o;_ 2 --- · - - ti - -- - V
"-
• -L r- :.,.:J L-- : - ru l"'L I
~ ·- ·---- - .. - -- ·-· - ·-
Senior Public Works Inspector 2, 3,4
Public Works Inspector 2, 3,4
Public Works Inspector II 2, 3,4
Senior Engineer 2, 3,4
Construction Manager 2 3 , 4
Water Conservation Coordinator 3,4
Municipal Operations Division:

Deputy Public Works Director - Municipal Operations 1
Assets Maintenance Manager 2,4
City Arborist 2, 3, 4
Refuse Manager 2, 3,4
Field Maintenance Manager 2,3
Parks and Trees Manager 2, 3,4
Equipment Maintenance Supervisor 2
Facilities Maintenance Supervisor 2 4
Landscape Maintenance Supervisor 2
Recreation and Senior Services Deoartment
Recreation and Senior Services Director 1
Deputy Recreation and Senior Services Director 2
Recreation and Senior Services Manager 2
3-15
Disclosure
Department/Positions Categories
Utilities Department
Utilities Director 1
Field Superintendent II 2
Operations Support Superintendent 2
Senior Management Analyst 2
Disclosure
Boards, Commissions and Committees Categories
Boards. Commissions and Committees
Board of Librarv Trustees 2
BuildinQ and Fire Board of Aooeals 3,4
City Arts Commission 2
Civil Service Board 3
Finance Committee 1
Harbor Commission 3, 4
Parks, Beaches and Recreation Commissio.n 4
Planning Commission GC §87200
Consultants 1
Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:

The Department Director may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section.

NEWPORT BEACH
City Council Staff Report
January 14, 2025
Agenda Item No. 4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232 , [email protected]
PREPARED BY: Benjamin M. Zdeba, AICP, Planning Manager - 949-644-3253, [email protected]
TITLE: Resolution Nos. 2025-2 and 2025-3: Amending the General Plan Advisory Committee and the General Plan Update Steering Committee
ABSTRACT:

For the City Council's consideration is the adoption of resolutions to amend the Rules of Procedures for the General Plan Advisory Committee (GPAC) and the General Plan Update Steering Committee (GPUSC) to include a requirement for members to be appointed and/or reappointed annually. The number of GPAC members would also be revised to include a range from no less than 20 to a maximum of 30.

RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No_ 2025-2, A Resolution of the City Council of the City of Newport Beach, California, Amending the General Plan Advisory Committee to Update the Membership and Provide for Annual Appointment of Members at the First City Council Meeting Held in February ; and
c) Adopt Resolution No. 2025-3, A Resolution of the City Council of the City of Newport Beach, California, Amending the General Plan Update Steering Committee 's Term of Membership , Responsibilities and Provide for the Annual Appointment of Members at the First City Council Meeting Held in February .

DISCUSSION:

On November 19, 2024, former Mayor Will O'Neill requested to amend the resolutions governing the General Plan Advisory Committee (GPAC) and the General Plan Update Steering Committee (GPUSC) to provide for the annual appointment of members at the first meeting in February of each year, pursuant to City Council Policy A-1 . The City Council voted unanimously, via a straw poll, in favor of staff returning with an item.

At the suggestion of then Mayor Pro Tern Joe Stapleton, it was determined that the item should come back for the City Council's consideration at the first meeting of 2025. 4-1
Amending the General Plan Advisory Committee and
the General Plan Update Steering Committee
January 14, 2025

Page 2 ends

For the City Council's discussion and consideration are resolutions to revise the Rules of Procedures for the GPAC and the GPUSC, requiring annual reappointment of members for those committees. If the City Council adopts the resolutions, the City Clerk would publish the Notice of Vacancies for the GPAC and GPUSC to allow for new applications to be filed. As drafted, if a current GPAC or GPUSC member is in good standing with an application on file that is no more than two years old at the time of City Council's appointments, there would be no need to submit a new application.

To further streamline the appointment process and to ensure GPAC membership is confirmed at the first City Council meeting held in February, the resolutions also remove the GPUSC's recommendation of members from the selection process. The mayor or mayor's designee will have discretion to determine the process for selecting GPAC members for the City Council's confirmation.

Since the GPAC is a large group consisting of up to 30 members, it has had a challenge in keeping all members engaged and in good standing. In addition to the annual reappointment, staff is recommending that the GPAC's membership be revised to include a range of between 20 and 30 members. This will serve to clarify that the GPAC can operate with a lesser number of members and will remove the need to constantly fill vacant seats.

FISCAL IMPACT:

There is no fiscal impact related to this item.

ENVIRONMENTAL REVIEW:

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A - Resolution No. 2025-2
Attachment B - Resolution No. 2025-3
4-2

ATTACHMENT A
RESOLUTION NO. 2025-.!_

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, AMENDING THE

GENERAL PLAN ADVISORY COMMITTEE TO UPDATE

THE MEMBERSHIP AND PROVIDE FOR ANNUAL

APPOINTMENT OF MEMBERS AT THE FIRST CITY

COUNCIL MEETING HELD IN FEBRUARY
WHEREAS, based on the recommendations of the General Plan Update Steering Committee ("Steering Committee"), on September 13, 2022, the City Council adopted Resolution No. 2022-59, establishing the General Plan Advisory Committee ("GPAC"), to review and help guide the comprehensive Newport Beach General Plan Update; WHEREAS, GPAC is a relatively large group consisting of up to thirty members who were previously recommended for membe~ship by the Steering Committee and confim,ed by the City Council;
WHEREAS, on August 22, 2023, the City Council adopted Resolution No. 2023- 51, amending the GPAC by establishing an attendance policy for members; and WHEREAS, the City Council now desires to amend the GPAC to update the number of members, provide for the annual appointment of members, who will be appointed by the Mayor and confirmed by the City Council, at the first City Council meeting held in February of each year, and revise the term of membership to expire upon the date of the first City Council meeting held in February each year unless reappointed by the City Council.

NOW, THEREFORE, ·the City Council of the City of Newport Beach resolves as follows:

Section 1: The City Council hereby amends the GPAC as set forth in Attachment "A," attached hereto and incorporated herein by this reference.

Section 2: The City Council hereby repeals all previous resolutions related to the GPAC that conflict with this resolution.

Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 4-3
Resolution No. 2025-

Page 2 of 2 ends

Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 5: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.

ADOPTED this 14th day of January, 2025.

ATTEST:

Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
2~?v·sgF:_
City Attorney
Joe Stapleton
Mayor
Attachment "A" - General Plan Advisory Committee (GPAC) 4-4
Attachment "A"
General Plan Advisory Committee (GPAC)
AUTHORIZATION:

MEMBERSHIP:

TERM:

MEETINGS:

COMPOSITION OF APPOINTE D
MEMBERS:

Established by Resolution No. 2022-59 adopted
on September 13, 2022; amended by Resolution
No. 2023-51 adopted on August 22, 2023;
amended by Resolution No. 2025-_ adopted on
January 14, 2025.

L
No less than twenty (20) and up to thirty (30)
members consistent with the composition set
forth below. Members will be annually appointed
by the Mayor and confirmed by the City Council
at the first City Council meeting held in February
of each year.

GPAC membership shall expire upon the date of
the first City Council meeting held in February
I
each year unless reappointed by the City Council.

Members who are in good standing at the time
their term has expired are eligible for
reappointment and need not reapply.

GPAC meetings will be held as necessary. All
meetings shall be held in such locations and at
such dates and times consistent with the Ralph
M. Brown Act.

All members shall be Newport Beach residents
and shall not be members of the City Council. The
City Council seeks membership representing a
diversity of geographic areas, age groups,
busine~s interests, or other interests. The
appointments shall follow the guidelines below:
4-5
Category Number Sample Organizations/ Interests
City Boards, Not more than one ( 1 ) lncludin·g, but not limited to, City Arts Commissions, or member from each Commission, Board of Library Committees sample for a maximum Trustees, Harbor Commission , Parks, of six (6) members Beaches & Recreation Commission,
Planning Commission, Water
Quality/Coastal Tidelands Committee,
Aviation Committee , etc.

Non-City Not more than one (1 ) Including, but not limited to Friends of Boards , member from each OASIS, Newport Mesa Unified School Commissions, or sample for a maximum District,. Newport Beach historical Committees of four (4) members society, Newport Beach Fire Safe Council, etc.

Environmental Not more than one ( 1 ) Including, but not limited to Still interest groups member from each Protecting Our Newport (SPON), sample for a maximum Surfrider, Newport Banning Ranch
of three (3) members Conservancy, Sierra Club,
Coastkeeper , etc.

Business Not more than one.(1) Including, but not limited to Newport interest groups member from each Beach Chamber of Commerce, COM sample for maximum of Chamber of Commerce , the Balboa
three (3) members • Chamber, Visit Newport Beach,
Building Industry Association of
Southern California (BIA), merchants
associations, etc.

At-large Up to fourteen (14) Including, but not limited to interested members with a members residents or property owners (at least diversity of one from each Council District),
representation community association
representatives, private school
operators, ta-ith-based org-anizations,
community service providers, major
employers, large landowners, etc.

Maximum of thirty (30)
members
4-6

SELECTION OF APPOINTED
MEMBERS:

MEMBER ATTENDANCE:

PURPOSE &
RESPOf\JSIBfLITIES:

EXPIRATION:

Except as otherwise required by state law, the
Mayor (or his/her designee) shall have the
discretion to determine the process for selecting
GPAC members and shall not be required to form
an "ad-hoc appointments committee" or comply
with the procedural or timing requirements set
forth in Council Policy A-2. GPAC members serve
at the pleasure of the City Council.

Any one member who has three (3) consecutive
unexcused absences from a regular GPAC
meeting shall be deemed automatically removed
from the GPAC.

A Ensure there is sufficient stakeholder input
regarding the update to the City of Newport
Beach General Plan ("General Plan Update");
B. Review and provide guidance to City staff and
its consultant(s) on changes to General Plan
goals and/or policies as part of the update
process that are deemed necessary or
advisable to reflect the community's vision for
the City; and
C. Make recommendations to the General Plan
Update Steering Committee regarding
changes to General Plan goals and/or
policies.

The GPAC shall expire and sunset without further
action by the City Council upon adoption of the
General Plan Update or sooner if dissolved by the
City Council.
4-7
Attachment "A"
General Plan Advisory Committee (GPAC)
AUTHORIZATION :

MEMBERSHIP :

TERM:

MEETINGS :

COMPOSITION OF APPOINT ED
MEMBERS :

Established by Resolution No. 2022-59 adopted
on September 13, 2022; amended by Resolution
No. 2023-51 adopted on August 22, 2023;
amended by Resolution No. 2025- adopted on
January 14, 2025.

No less than twenty (20) and Yyp to thirty (30)
members consistent with the composition set forth
below. Members will be annually recommended
by the General Plan Update Steering Committee
("Steering Committee")appointed by the Mayor
and confirmed by the City Council at the first City
Council meeting held in February of each year.

GPAC membership shall be for expire upon the
date of the first City Council meeting held in
February each year unless reappointed by the
City Councilthe duration of the General Plan
Update process concluding i.¥ith the City Council
adoption of the comprehensive update of the
General Plan or dissolution of the GPAG by City
Council action. Members who are in good
standing at the time their term has expired are
eligible for reappointment and need not reapply.

GPAC meetings will be held as necessary. All
meetings shall be held in such locations and at
such dates and times consistent with the Ralph M.

Brown Act.

All members shall be Newport Beach residents
and shall not be members of the City Council. The
Steering Committee and City Council seek~
membership representing a diversity of
geographic areas, age groups, business interests,
or other interests. The appointments shall follow
the guidelines below:
4-8
Category Number Sample Organizations / Interests
'
City Boards, Not more than one (1) Including, but not limited to, City Arts Commissions , or member from each Commission, Board of Library Committees sample for a maximum Trustees , Harbor Commission, Parks, of six (6) members Beaches & Recreation Commission ,
Planning Commission, Water
Quality/Coastal Tudelands Committee,
Aviation Committee. etc.

Non-City Not more than one (1) Including, but not limited to Friends of Boards, member from each OASIS, Newport Mesa Unified School Commissions . or sample for a maximum District, Newport Beach historical Committees of four ( 4) members society, Newport Beach Fire Safe Council, etc.

Environmental Not more than one ( 1 ) Including, but not limited to Still interest groups member from each Protecting Our Newport (SPON) . sample for a maximum Surfrider, Newport Banning Ranch
of three (3) members Conservancy , Sierra Club.

Coastkeeper , etc.

Business Not more than one (1) Including, but not limited to Newport interest groups member from each Beach Chamber of Commerce, COM sample for maximum of Chamber of Commerce . the Balboa
three (3) members Chamber, Visit Newport Beach,
Building Industry Association of
Southern California (BIA), merchants
associations, etc.

At-large Up to fourteen ( 14) Including, but not limited to interested members with a members residents or property owners (at least diversity of one from each Council District),
representation community association
representatives, private school
operators, faith-based organizations ,
community service providers, major
employers. large landowners, etc.

Maximum of thirty (30)
memb ers

SELECTION OF APPOINTED
MEMBERS :

The Steering Committee will re'liew all
applications to serve on the GPAC and will finalize
4-9
MEMBER ATTENDANCE:

PURPOSE &
RESPONSIBILITIES:

EXPIRATION :
appointment recommendations at a duly noticed
public meeting. The Steering Committee Except
as otherwise required by state law, the Mayor (or
his/her designee) shall have the discretion to
detennine the process for selecting GPAC
members and shall not be required to form an "ad
hoc appointments committee" or comply with the
procedural or timing requirements set forth in
Council Policy A-2. The Steering Committee
membership recommendations will include a
separate recommendation for Chair and Vice
Chair and will be pro'lided to the City Council for
consideration and confirmation. GPAC
Mmembers serve at the pleasure of the City
Council.

Any one member who has three (3) consecutive
unexcused absences from a regular GPAC
meeting shall be deemed automatically removed
from the GPAC.

A. Ensure there is sufficient stakeholder input
regarding the update to the City of Newport
Beach General Plan ("General Plan Update");
B. Review and provide guidance to City staff and
its consultant(s) on changes to General Plan
goals and/or policies as part of the update
process that are deemed necessary or
advisable to reflect the community's vision for
the City; and
C. Make recommendations to the General Plan
Update Steering Committee regarding
changes to General Plan goals and/or policies.

The GPAC shall expire and sunset without further
action by the City Council upon adoption of the
General Plan Update or sooner if dissolved by the
City Council.
4-10
Attachment B
Resolution Amend ing the GPUSC
4-11
RESOLUTION NO. 2025-~

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, AMENDING THE

GENERAL PLAN UPDATE STEERING COMMITTEE'S

TERM OF MEMBERSHIP, RESPONSIBILITIES AND

PROVIDE FOR THE ANNUAL APPOINTMENT OF

MEMBERS AT THE FIRST CITY COUNCIL MEETING

HELD IN FEBRUARY
WHEREAS, on January 25; 2022, the City Council adopted Resolution No. 2022- 2, establishing a General Plan Update Steering Committee ("GPUSC") to ensure sufficient public outreach and stakeholder input on the development and implementation of the City's General Plan, provide guidance with respect to selection of a General Plan update consultant, and make recommendations for the formation of, and provide oversight to, a General Plan Advisory Committee;
WHEREAS, based on the recommendation of the GPUSC, on September 13, 2022, the City Council adopted Resolution No. 2022-59, establishing the General Plan Advisory Committee; and
WHEREAS, the City Council now desires to amend the GPUSC to modify the GPUSC's responsibilities, provide for the annual appointment of members at the first City Council meeting held in February of each year, and revise the term of membership to expire upon the date of the first City Council meeting held in February each year unless reappointed by the City Council.

NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:

Section 1: The City Council hereby amends the GPUSC as set forth in Attachment "A," attached hereto and Incorporated herein by this reference.

Section 2: The City Council hereby repeals all previous resolutions related to the GPUSC that conflict with this resolution.

Section 3: The recitals provided in this resolution are true and correct and are Incorporated into the operative part of this resolution. 4-12
Resolution No. 2025-

Page 2 of 2 ends

Section 4: If any section, subsection , sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional , such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection , sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections , sentences , clauses or phrases be declared invalid or u nconstitutiona I.

Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.

ADOPTED this 14th day of January, 2025.

ATTEST:

Leilani I. Brown
City Clerk
APPROVED AS TO FORM:

CITY TTORNEY 'S OFFICE
____ ( /{ ~
ar n C. Harp
City Attorney
Joe Stapleton
Mayor
Attachment "A" - General Plan Update Steering Committee (GPUSC) 4-13
Attachment "A"
General Plan Update Steering Committee (GPUSC)
AUTHORIZATION:

ME.MBERSHIP:

TERM:

MEETINGS:

QUALIFICATIONS OF
APPOINTED MEMBERS:

SELECTION OF
APPOIN.TED MEMBERS:

Established by Resolution No. 2022-2 adopted on
January 25, 2022; amended by Resolution No. 2025-
- adopted on January 14, 2025.

Three (3) members that meet the qualifications set
forth below. Appointed annually by the Mayor and
confirmed by the City Council at the first City Council meeting held in February of each year.

GPU SC membership shall expire upon the date of the
first City Council meeting held in February each year
unless reappointed by the City Council. Members who
are in good standing at the time their term has expired are eligible for reappointment and need not reapply.

GPUSC meetings shall be held as required by the
business needs of the GPUSC in such locations, dates
and times as allowed by the Ralph M. Brown Act.

Appointed GPUSC members shall be:

A. A resident of the City of Newport Beach;
B. A registered voter of the City of Newport Beach;
and
C. Not be a member of the Newport Beach City
Council.

Except as otherwise required by state law, the Mayor
(or his/her designee) shall have the discretion to
determine the process for selecting GPUSC members
and shall not be required to form an
1 'ad~hoc
appointments committee" or comply with any other
procedural or timing requirements set forth in Council
Policy A-2. GPUSC members serve at the pleasure of
the City Council
4-14

PURPOSE&
RESPONSIBILITIES:

EXPIRATION:

Attachment A
Ensure there is sufficient public outreach and
stakeholder input regarding the update to the
City of Newport Beach General Plan ("General
Plan Update");
B. Provide guidance to City staff regarding the
scope of work and preparation of a Request for
Proposal for a General Plan Update consultant;
C. Review responses to the Request for Proposal;
D. Make a recommendation to the City Council
regarding the selection of a consultant to assist
with the General Plan Update;
E. Provide pversight and direction to the General
Plan Advisory Committee to ensure the overall
General Plan Update process stays on task; and
F. Make reports to the City Council, at least bi
monthly, regarding the progress of the General
Plan Update.

The GPUSC shall expire and sunset without further
action by the City Council upon adoption of the General Plan Update or sooner if acted upon by the City
Council.
4-15
Attachment "A"
General Plan Update Steering Committee (GPUSC)
AUTHOR IZATION:

MEMBERSHIP :

TERM:

MEETINGS :

QUALIFICA TIONS
OF

APPOINTED
MEMBERS:

SELECTION
OF

APPOINTED
Established by Resolution No. 2022-2 adopted on
January 25, 2022; amended by Resolution No. 2025-
adopted on January 141 2025.

Three (3) members that meet the qualifications set
forth below. Appointed annually by the Mayor and
confirmed by the City Council at the first City Council meeting held in February of each year.

The term of the Committee MembersGPUSC
membership shall--ee expire upon the date of the first
City Council meeting held in February each year unless
reappointed by the City Council indefinite pending City Council adoption of the General Plan Update.

Members. who are in good standing at the time their
term has expired are eligible for reappointment and
need not reapply.

GPUSC Mmeetings shall be held as required by the
business needs of the GPUSCCommittee in such
locations, dates and times as allowed by the Ralph M.

Brown Act.
----- Appointed
Mmembers shall be:
bc~ottm~m~itt~e~e-- GPUSC
A. A resident of the City of Newport Beach;
B. A registered voter of the City of Newport Beach;
and
C. Not be a member of the Newport Beach City
Council.
4-16
MEMBERS:

PURPOSE &
Attachment A
Except as otherwise required by state law the Mayor
(or his/her designee) shall have the discretion to
determine the process for selecting GPUSCCommittee
Mmembers and shall not be required to form an "ad
hoc appointments committee" or comply with any other
procedural or timing requirements set forth in Council
Policy A-2. GPUSC members serve at the pleasure of
the City Council
RESPONSIBILITIES: ____ ---A. Ensure there is sufficient public outreach and
-stakeholder input regarding the update to the
City of Newport Beach General Plan ("General
Plan Update");
--8 . Provide guidance to City staff regarding
the scope of work and preparation of a Request
for Proposal for a General Plan Update
consultant;
Review responses to the Request for
Proposal;
---D. Make a recommendation to the City
Council regarding the selection of a consultant
to assist with the General Plan Update;
E. Provide a recommendation to tho City
Council on the formation and membership of a
subsequent General Plan Update Advisory
Committee ("/\d•Jisory Committee ') that 'Nill help
guide policy changes with the General Plan
Update;
---F-FE. Provide oversight and direction to the
General Plan Advisory Committee to ensure the
4-17
EXPIRATION:

Attachment A
overall General Plan Update process stays on
task; and
---E. Make reports to the City Council, at least
bi-monthly, regarding the progress of the
General Plan Update.

The Committee GPUSC shall expire and sunset
without further action by the City Council upon adoption of the General Plan Update or sooner if acted upon by
the City Council.
4-18
= CITY OF============

NEWPORT BEACH
City Council Staff Report
January 14, 2025
Agenda Item No. 5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Barbara J. Salvini, Human Resources Director - 949-644-3300 , [email protected]
PREPARED BY: Barbara J. Salvini, Human Resources Director TITLE: Resolution No. 2025-4: Approving an Amendment to the Key and Management Compensation Plan
ABSTRACT:

To address recruitment and retention challenges associated with the City of Newport Beach's sworn executive management personnel, the City Council wishes to amend the Key and Management Compensation Plan by amending the existing eligibility criteria for Scholastic Achievement Pay for Key and Management sworn police employees.

DISCUSSION:

On November 12, 2024, the City Council approved offering Scholastic Achievement Pay to sworn Key and Management police, fire and lifeguard safety employees. The City Council wishes to clarify the eligibility criteria for sworn police Key and Management employees. If approved, Key and Management police safety employees are eligible to receive an additional 7%-8.5% of pay, depending on the degree obtained.

The Plan adjustments are intended to clarify the eligibility criteria for Key and Management sworn police employees and to provide parity with the eligibility criteria for Key and Management sworn fire employees . It is anticipated the adjustments will incentivize existing employees to stay and encourage and attract safety management candidates from outside agencies to apply when vacancies occur.

FISCAL IMPACT:

The estimated maximum cost to provide scholastic pay for eligible Key and Management sworn police employees is $39,400 for the remainder of Fiscal Year 2024-25. 5-1
Resolution Approving an Amendment to the Key and Management Compensation Plan January 14, 2025

Page 2 ends

The Fiscal Year 2024-25 budget includes sufficient savings to fund the cost of the proposed amendment to the Key and Management Compensation Plan.

ENVIRONMENTAL REVIEW:

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A- Resolution No. 2025-4
5-2

ATTACHMENT A
RESOLUTION NO. 2025-4
A RESOLUTION OF THE cnY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, APPROVING THE

SEVENTH AMENDMENT TO THE KEY AND

MANAGEMENT COMPENSATION PLAN
WHEREAS, the City Council of the City of Newport Beach ("City Council") previously adopted Resolution No. 2001-50, the "Employer-Employee Relations Resolution," pursuant to authority contained in the Meyers-Milias-Brown Act, Government Code 3500, et seq.;
WHEREAS, the City of Newport Beach ("City") promotes effective communication and collaborative working relationships with its employees to foster improved relations while balancing good management practices;
WHEREAS, the City Council previously adopted Resolution No. 2022-10 approving a Key and Management Compensation Plan ("Plan"), which established compensation and benefit terms for unrepresented employees, including Executive Management, Administrative Management, Division Management and Confidential employees for the period January 1, 2022, through December 31, 2025; and WHEREAS, the City Council desires to amend the Plan to clarify the eligibility of Scholastic Achievement Pay for eligible Key and Management police public safety employees, as set forth in Exhibit A.

NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:

Section 1: The recitals provided ·in this resolution are true and correct and are incorporated into the operative part of this resolution.

Section 2: The City Council hereby approves the Seventh Amendment to the Plan attached hereto as set forth in Exhibit A, which is incorporated herein by reference and clarifies the eligibility for Scholastic Achievement Pay for Key and Management police public safety employees as set forth therein.
5-3
Resolution No. 2025-

Page 2 of 2 ends

Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the r,emaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 4: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.

ADOPTED this 14th day of January, 2025.

ATTEST:

Leilani I. Brown
City Clerk
APPROVED AS TO FORM:

CITY TTORNEY'S FFICE
~(__
Aaron C. Harp
City Attorney
Joe Stapleton
Mayor
Attachments: Exhibit A: Seventh Amendment to the City Key and Management Compensation Plan
5-4

EXHIBIT A

SEVENTH AMENDMENT TO

CITY OF NEWPORT BEACH

KEY AND MANAGEMENT COMPENSATION PLAN
WHEREAS, on January 25, 2022, the City Council adopted Resolution No. 2022- 1 O adopting a Key and Management Compensation Plan ("Plan"} for the period of January 1, 2022, through December 31, 2025;
WHEREAS, on August 23, 2022, the City Council adopted Resolution No. 2022- 52 amending the Plan and modifying the cost-of-living adjustments for Key and Management Employees (''First Amendment to the Plan''}; WHEREAS, on November 29, 2022, the City Council adopted Resolution No. 2022-92 amending the Plan and modifying employee retirement contributions to CalPERS for Key and Management Employees ("Second Amendment to the Plan"); WHEREAS, on April 11, 2023, the City Council adopted Resolution No. 2023-19 amending the Plan and adjusting the salary schedules and modifying the language related to employee retirement contributions to CalPERS for Key and Management Safety Employees ("Third Amendment to the Plan");
WHEREAS, on November 28, 2023, the City Council adopted Resolution No. 2023-82 amending the Plan and modifying certain positions and titles for Key ~nd Management Employees ("Fourth Amendment to the Plan");
WHEREAS 1 on December 12, 2023, the City Council adopted Resolution No. 2023-85 approving· revised salary schedules for Key and Management Employees; WHEREAS 1 on August 27, 2024, the City Council adopted Resolution No. 2024- 60 amending the Plan and extending previously modified language related to employee retirement contributions to CalPERS for Key and Management Employees and providing lump sum bonuses to eligible Key and Management Employees ("Fifth Amendment to the Plan");
WHEREAS, on November 12, 2024, the City Council adopted Resolution No. 2024-82 amending the Plan and extending eligibility for Scholastic Achievement Pay to sworn employees covered by the Key and Management Plan ("Sixth Amendment to the Plan");
WHEREAS, the City Council wishes to further amend the Plan to clarify the eligibility of Scholastic Achievement Pay for sworn police Key and Management Employees; and
WHEREAS , this amendment will not be binding until it is approved by the City Council.

Key and Management Plan Page 1 of 2
5-5
NOW, THEREFORE, . the City Council of the City of Newport Beach wishes to amend the Plan as follows:

Section 1. The Compensation section of the Plan is amended to include the following language to Section J. Scholastic Achievement Pay - Public Safety:
"J. SCHOLASTIC ACHIEVEMENT PAY- PUBLIC SAFETY

1. Police Safety
Absent an Employment Agreement or Resolution to the contrary, Key and Management police safety employees are entitled to additional compensation in the form of Scholastic Achievement Pay as follows:

BA/BS-7% MNMS/JD - 8.5%
The parties agree that to the extent permitted by law, the Scholastic Achievement Pay in this section is speciaJ compensation and shall be reported to CalPERS as such."
Section 2. Except as expressly modified herein, all other terms and provisions set forth in the Plan shall remain unchanged and shall be in full force and effect Key and Management Plan Page 2 of 2
5-6
= CITY OF============

NEWPORT BEACH
City Council Staff Report
January 14, 2025
Agenda Item No. 6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Grace K. Leung, City Manager - 949-644-3001,
gleu [email protected]
PREPARED BY: Tara Finnigan, Assistant City Manager - 949-644-3035 , [email protected]
TITLE: Resolution No. 2025-5: Creating the Ad Hoc Council Policy Review Committee
ABSTRACT:

If adopted, Resolution No, 2025-5, would establish the Ad Hoc Council Policy Review Committee comprised of three City Council members to review and make recommendations regarding revisions to the Council Policy Manual.

RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2025-5, A Resolution of the City Council of the City of Newport Beach, California, Creating an Ad Hoc Committee to Review the City Council Policies and Make Recommendations to the City Council Regarding Revisions Thereto ; and c) Appoint Mayor Joe Stapleton, Mayor Pro Tern Lauren Kleiman and Councilmember Sara J. Weber to serve on the Ad Hoc Council Policy Review Committee.

DISCUSSION:

At the request of Mayor Pro Tern Lauren Kleiman pursuant to Council Policy A-1 , at its December 10, 2024 meeting, the City Council considered forming an ad hoc committee to review and make recommendations for revisions to the City Council Policy Manual.

The City Council voted 6-1 , via a straw poll, in favor of staff returning with an item.

If adopted, Resolution No. 2025-5 would create the Ad Hoc Council Policy Review Committee (Committee) consisting of three Council members appointed by the Mayor and confirmed by the entire City Council. The Committee will be responsible for reviewing the City Council's policies and submitting recommendations for potential revisions to the full Council for consideration. The Committee would be advisory and expire upon making a final recommendation to the City Council or December 31, 2025, whichever is earlier. 6-1
Resolution No. 2025-5: Creating the Ad Hoc Council Policy Review Committee January 14, 2025

Page 2 ends

Additionally, for the Council1s consideration, are the appointments of Mayor Joe Stapleton, Mayor Pro Tern Lauren Kleiman and Councilmember Sara J. Weber to serve on the Committee.

FISCAL IMPACT:

There is no fiscal impact related to the adoption of Resolution No. 2025-5.

ENVIRONMENTAL REVIEW:

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A- Resolution No. 2025-5
6-2

ATTACHMENT A
RESOLUTION NO. 2025-~

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, CREATING AN

AD HOC COMMITTEE TO REVIEW THE CITY COUNCIL

POLICIES AND MAKE RECOMMENDATIONS TO THE

CITY COUNCIL REGARDING REVISIONS THERETO
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("Charter'') vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained ,in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges or procedures granted or prescribed by any law of the State of California;
WHEREAS, pursuant to the authority vested in the City Council by the Charter, the City Council has adopted official polices to provide guidelines and procedures governing the conduct of City business in conformity with the Charter ("Council Policies"); WHEREAS, the City Council recognizes the importance of periodically reviewing and updating Council Policies to maintain relevancy, brevity, and coherency for the benefit of the people of Newport Beach; and
WHEREAS, the City Council desires to create an Ad Hoc Committee for the purpose of reviewing the Council Policies and submitting recommendations regarding potential revisions to the Council Policies to the entire City Council by December 31, 2025.

NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:

Section 1: The City Council hereby creates the Ad Hoc Council Policy Review Committee ("Committee") consisting of three (3) Council members appointed by the Mayor and confirmed by the entire City Council. The sole purpose and responsibility of the Committee shall be to review the City Council Policies and submit recommendations regarding potential revisions thereto to the entire City Council by December 31, 2025.

Section 2: Unless terminated sooner by action of the City Council, the Committee shall be advisory and shall expire upon making a final recommendation to the City Council or December 31, 2025, whichever is earlier. 6-3
Resolution No. 2025-

Page 2 of 3 ends

Section 3: The Committee shall not be subject to the Brown Act, however, the recommendation of the Committee to the City Council shall be considered at a meeting of the entire City Council noticed ih accordance with California Government Code Section 54950 et seq.

Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolutjon.

Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 6: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or r~asonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in phy_sical change to the environment, directly or indirectly.
6-4
Resolution No. 2025-

Page 3 of 3 ends

Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.

ADOPTED this 14th day of January, 2025.

ATTEST:

Leilani I. Brown
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY 'S OFFICE
J.~af: K,_
City Attorney
Joe Stapleton
Mayor
6-5

= CITY OF============

NEWPORT BEACH
City Council Staff Report
January 14, 2025
Agenda Item No. 7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A Webb, Public Works Director - 949-644-3311 , dawebb@newportbeachca .gov
PREPARED BY: Michael J. Sinacori, Assistant City Engineer - 949-644-3342, msinacori@newportbeachca .gov
TITLE: Hillsborough Pump Station Rehabilitation - Notice of Completion for Contract No. 8758-2 (23W12)
ABSTRACT:

On March 28, 2023, the City Council awarded Contract No. 8758-2 for the Hillsborough Pump Station Rehabilitation project to Vicon Enterprise, Inc. of Anaheim.

The project replaced the existing pump and motor, added a new standalone motor starter, replaced valves and lighting, and added new electrical power, controls and panels at the water pump station adjacent to Hillsborough in the Spyglass Hill area. The work is now complete and staff requests City Council acceptance and close out of the contract.

RECOMMENDATION:
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.

DISCUSSION:

Overall Contract Cost/Time Summary
Awarded Contract Final Total Contract Total Contract Percent Contract Amount Amount Change Amount Cost Change
$354,000 $391,550.19 $37,550.19 10.6%
Allowed Contract Time + 432 Actual Time Used (Days) 374 Approved Extensions (Days) = This project included pump, motor, valves, lighting, fan and pipe support installation at the Hillsborough water pump station. The contracted work has been completed to the satisfaction of the Public Works Department. A summary of the construction cost is as follows:

Original Bid Amount
Actual Cost of Bid Items Constructed:

Total Change Orders:

Final Contract Cost:
$ 354,000.00
$ 354,000.00
$ 37,550.19
$391,550.19
7-1
Hillsborough Pump Station Rehabilitation -
Notice of Completion for Contract No. 8758-2 (23W12)
January 14, 2025

Page 2 ends

The final total contract amount was $391,550.19, which was approximately 10.6% higher than the original bid amount (City Council approved a 15% contingency allowance). This cost increase was primarily due to City-requested change orders, such as using a particular brand of valve and replacement of other pipeline determined necessary by the Utilities Department.

A summary of the project schedule milestones is as follows:

Estimated Start of Construction per Annual Baseline Schedule Actual Start of Construction Per Notice to Proceed
Estimated Contract Completion Date with Approved Extensions Actual Substantial Construction Completion Date
July 2, 2023
May 1, 2023
January 31 , 2025
October 31 , 2024
Although the Award of Contract staff report indicated that the contractor would have 250 consecutive working days, the contractor was given 400 consecutive working days per Addendum No. 1 issued on February 8, 2023, prior to bid opening. Change orders provided an additional 32 working days. The contractor needed time to procure materials and equipment as supply chain issues were still impacting water system materials. The project was completed ahead of the extended schedule.

FISCAL IMPACT:

The Hillsborough Pump Station Rehabilitation project was included within the FY 2022-23 Capital Improvement Program Budget. Funds for the construction contract were expended from the following account:

Account Description
Water Capital Distribution/Piping
ENVIRONMENTAL REVIEW:

Account Number
70201931-980000-23W12
Total:

Amount
$ 391 ,550.19
$ 391,550.19
On March 28, 2023, the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (c), Class 1 (maintenance of existing public facilities involving negligiible or no expansion of use) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A - Location Map
7-2

HILLSBOROUGH PUMP STATION

REHABILITATION

LOCATION MAP
Attachment A

CITY OF NEWPORT BEACH

PUBLIC WORKS DEPARTMENT
C-8758-2 1/14/2025
7-3

= CITY OF============

NEWPORT BEACH
City Council Staff Report
January 14, 2025
Agenda Item No. 8
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Michael J. Sinacori, Assistant City Engineer - 949-644-3342, [email protected]
TITLE: Storm Drain System Upgrades - Notice of Completion for Contract No. 9148-1 (23002)
ABSTRACT:

On July 23, 2024, the City Council awarded Contract No. 9148-1 for the Storm Drain System Upgrades project to PALP, Inc. OBA Excel Paving Company. The project installed drainage improvements at two areas within the City of Newport Beach, at Iris and Jasmine Avenues and at Port Edward Circle. Storm drainpipes were installed at both areas to alleviate drainage concerns for nearby residents. The work is now complete and staff requests the City Council's acceptance and close out of the contract.

RECOMMENDATION:
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.

DISCUSSION:

Overall Contract Cost/Time Summary
Awarded Contract Final Total Contract Total Contract Percent Contract Amount Amount Change Amount Cost Change
$463,828.00 $502,989.80 $39,161.80 8.4%
Allowed Contract Time + 70 Actual Time Used (Days) 60 Approved Extensions (Days) = This project included the installation of storm drain piping, catch basins, and concrete pavement at the end of Iris and Jasmine Avenues, and installing a sub-drain system in Port Edward Circle that connected to an existing sub-drain line in Newport Hills Drive East.
8-1
Storm Drain System Upgrades - Notice of Completion for Contract No. 9148-1 January 14, 2025

Page 2 ends

The contracted work has been completed to the satisfaction of the Public Works Department. A summary of the construction cost is as follows:

Original Bid Amount:

Actual Cost of Bid Items Constructed:

Total Change Orders:

Final Contract Cost:
$ 463,828.00
$ 463,828.00
$ 39,161.80
$502,989.80
The final total contract amount was $502,989.80, which was approximately 8.4% higher than the original bid amount. This cost increase was primarily due to upgrading the drainage system to use HOPE piping and adding another sub-drainage lateral to the system that was found during construction to be contributing to the excess water in the area.

A summary of the project schedule milestones is as follows:

Estimated Start of Construction per Annual Baseline Schedule Actual Start of Construction Per Notice to Proceed
Estimated Contract Completion Date with Approved Extensions Actual Substantial Construction Completion Date
August12 , 2024
August19 , 2024
November 1, 2024
November 8, 2024
The contractor stayed on schedule throughout the project and completed all work in excellent condition.

FISCAL IMPACT:

The Storm Drain System Upgrades project was included within the Fiscal Year 2024-25 Capital Improvement Program Budget. Funds for the construction contract were expended from the following account(s) :

Account Description
Neighborhood Enhancement
General Fund
Account Number
53601-980000-23D02
01201926-980000-25D02
Total:

Amount
$ 347,209.97
$ 155,779.83
$ 502,989.80
The Neighborhood Enhancement Fund is used for projects that enhance neighborhood aesthetics and functionality and is funded via surplus general funds.

ENVIRONMENTAL REVIEW:

On July 23, 2024, the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 (minor alterations in the condition of land, water, and/or vegetation) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment.
8-2
Storm Drain System Upgrades - Notice of Completion for Contract No. 9148-1 January 14, 2025

Page 3 ends

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A - Location Map
8-3

ATTACHMENT A

STORM DRAIN SYSTEM UPGRADES CITY OF NEWPORT BEACH I

PUBLIC WORKS DEPARTMENT I
LOCATION MAP C-9148-1 1/14/25 j
8-4

= CITY OF============

NEWPORT BEACH
City Council Staff Report
January 14, 2025
Agenda Item No. 9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311 , [email protected]
PREPARED BY: Tom Sandefur, Assistant City Engineer - 949-644-3321, tsandefur@newportbeachca .gov
TITLE: 2023-2024 Facilities Painting Project - Notice of Completion for Contract No. 9393-1 (24F02)
ABSTRACT:

On August 27, 2024, the City Council awarded Contract No. 9393-1 for the 2023-2024 Facilities Painting Project to GCD Painting of Wilmington. The project addressed protective coatings at the City of Newport Beach Utilities Yard, Police Department Headquarters, and Balboa Yacht Basin. The work is now complete and staff requests City Council acceptance and close out of the contract.

RECOMMENDATION:
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.

DISCUSSION:

Overall Contract Cost/Time Summary
Awarded Contract Final Total Contract Total Contract Percent Contract Amount Amount Change Amount Cost Change
$174,000 $176,100 $2,100 1.21%
Allowed Contract Time + 70 Actual Time Used (Days) 33 Approved Extensions (Days)= This project addressed protective coatings at the City's Utilities Yard, Police Department Headquarters, and Balboa Yacht Basin to protect the various building materials from deterioration. This proactive approach shields the metal, wood and other building materials from damage that could result in more costly repair work in the future. The new paint provides an additional benefit of a more aesthetically pleasing appearance of these facilities.
9-1
2023-2024 Facilities Painting Project - Notice of Completion January 14, 2025

Page 2 ends

A summary of the contract construction cost is as follows:

Original Bid Amount: $ 174,000
Actual Cost of Bid Items Constructed: $ 174,000
Total Change Orders: $ 2,100
Final Contract Cost: $ 176,100
There was one change order for $2,100, which increased the original contract amount by

1.21 % and was within the contingency allowance. This change order expanded the work scope to include painting of the cable wires supporting the City's radio tower as the cables were showing signs of increased corrosion .

A summary of the project schedule milestones is as follows:

November 4, 2024
October 14, 2024
February 4, 2025
December 2, 2024
The 2023-2024 Facilities Painting Project was included within the Fiscal Year 2023-24 Capital Improvement Program Budget. Funds for the construction contract were expended from the Facilities Maintenance Master Plan (General Fund) from the following accounts:

Account Description
FMMP
FMMP
ENVIRONMENTAL REVIEW:

Account Number
57101-980000-24F02
57101-980000-22F02
Total:

Amount
$ 174,465.71
$ 1,634.29
$ 176,100.00
On August 27, 2024, the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1 Section 15301(d) (rehabilitation of deteriorated facilities involving no expansion of existing use) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A - Location Map
9-2

CITY O F

COSTA M ESA
0 PROJ[ CT LOCATI ONS

1. UTILITIES YARD (9 49 W 16TH ST)

JOHN WAYNE

AIRPORT
POLI CE DEPARTMENT (870 SANTA B ARBARA DR) 2.

3. BALBOA YACHT BASIN (829 HARBOR ISLAND DR)

ATTACHMENT A
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L----------- ~ ~C;:;::ITY-;;~O~F-;.N~EW~POnlRO-TriB~E~A~C~Hl ! 2023-2024 FACILITIES PAINTING PROJECT PUBLIC WORKS DEPARTMENT I LOCATION MAP C-9393-1 24F02 01/14/25 j
9-3

= CITY OF============

NEWPORT BEACH
City Council Staff Report
January 14, 2025
Agenda Item No. 1 O
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311 , dawebb@newportbeachca .gov
PREPARED BY: Tom Sandefur, Assistant City Engineer - 949-644-3321, tsandefur@newportbeachca .gov
TITLE: 38th Street and Lake Avenue Landscape Improvement Project - Notice of Completion for Contract No. 9008-1 (24L01)
ABSTRACT:

On May 28, 2024, the City Council awarded Contract No. 9008-1 for the 38th Street and Lake Avenue Landscape Improvement Project to S&H Civilworks of Colton. This project included improving the appearance of the 38th Street beach area and entrance to Newport Island, and providing better beach access. The work is now complete and staff requests the City Council acceptance and close out of the contract.

RECOMMENDATION:
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project.

DISCUSSION:

Overall Contract Cost/Time Summary
Awarded Contract Final Total Contract Total Contract Percent Contract Amount Amount Change Amount Cost Change
$193,067.00 $205,144.99 $12,077.99 6.26%
Allowed Contract Time + 60 Actual Time Used (Days) 56 Approved Extensions (Days) = The project included new stone cladding on the existing retaining walls to improve the appearance, new stairs for better beach access, a new higher landscaped planter area with a fence, a new foot-wash station, new landscaping, and new irrigation lines.

The contracted work has been completed to the satisfaction of the Public Works Department. A summary of the construction costs is as follows:

Original bid amount: $ 193,067.00
Actual Cost of Bid Items Constructed: $ 193,067.00
Total Change Orders: $ 12,077.99
Final contract cost: $ 205,144.99
10-1
38th Street and Lake Avenue Landscape Improvement Project - Notice of Completion of Contract No. 9008-1 (24L01)
January 14, 2025

Page 2 ends

There were two change orders totaling $12,077.99. This amounted to 6.26% of the original contract amount and was within the contingency allowance. The added work covered additional sidewalk and fencing replacement and additional anti-graffiti coating.

A summary of the project schedule milestones is as follows:

August8 , 2024
August5 , 2024
October 29, 2024
October 25, 2024
The 38th Street and Lake Avenue Landscape Improvement Project was included within the Fiscal Year 2023-24 Capital Improvement Program Budget. Funds for the construction contract were expended from the Facilities Maintenance Master Plan (General Fund) from the following accounts:

Account Description
Neighborhood Enhancement
Oceanfront Encroachment
ENVIRONMENTAL REVIEW:

Account Number
01201927-980000-24L01
16701-980000-24L01
Total:

Amount
$ 70,025.30
$ 135,119.69
$ 205, 144.99
On May 28, 2024, the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class 2 Section 15302(c) (replacement of public facilities involving negligible or no expansion of existing use) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A - Location Map
10-2

ATTACHMENT A
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CITY OF NEWPORT BEACH I 38TH STREET AND LAKE AVENUE

LANDSCAPE IMPROVEMENTS

LOCATION MAP
PUBLIC WORKS DEPARTMENT j [._ _________ ---I§:

C-9008-1 23L01 01/14/25 j
10-3

= CITY OF============

NEWPORT BEACH
City Council Staff Report
January 14, 2025
Agenda Item No. 11
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Tom Sandefur, Assistant City Engineer - 949-644-3321, [email protected]
TITLE: Police Department Parking Lot Maintenance - Award of Contract No. 7901-1 (25F02)
ABSTRACT:

The City of Newport Beach received construction bids for the Police Department Parking Lot Maintenance project. Staff requests City Council approval to award the construction contract to Elegant Construction Inc., of Irvine. This project will rehabilitate the existing employee parking lot and expand the front public parking area at the Police Department's headquarters, located at 870 Santa Barbara Drive.

RECOMMENDATIONS:
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 7901-1 to Elegant Construction Inc., for the total bid price of $585,000 for the Police Department Parking Lot Maintenance, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $88,000 (approximately 15% of total bid) to cover the cost of unforeseen work not included in the original contract.

DISCUSSION:

Maintenance and site modifications are needed at the Police Department facility, located at 870 Santa Barbara Drive, as part of the Fiscal Year 2024-25 Facilities Maintenance Master Plan (FMMP) Program. Particularly, the Police Department has lacked adequate parking for employees and the public for many years, forcing some employees to park outside of the gated perimeter and on adjacent side streets, as well as requiring visitors to occasionally park across Santa Barbara Drive in the bank lot. The project includes slurry sealing the parking lot to keep it in good working condition, providing increased parking by restriping the lot, adding additional public parking to the front lot, and making additional upgrades to provide required Americans with Disabilities Act (ADA) access from the public sidewalk.
11-1
Police Department Parking Lot Maintenance Project -
Award of Contract No. 7901-1 (25F02)
Agenda Item No. 11

Page 2 ends

On November 5, 2024, at 2 p.m., the City Clerk opened and read the following bids for this project:

BIDDER TOTAL BID AMOUNT
Low Elegant Construction Inc. $ 585_,_000
2nd Venture Construction & Management $ 699,500
3rd PaveWest Inc. ____ -_ ---1 $701,479
The City received three bids for this project. The apparent low bidder, Elegant Construction Inc., possesses a California State Contractor's License Classification "A", as required by the project specifications. A review of the contractor's references shows satisfactory completion of similar contracts for other public agencies including the City of Irvine, the City of Huntington Beach, and the South Orange County Community College District.

The apparent low bid received from Elegant Construction Inc. was approximately 46% over the engineer's estimate of $400,000. This bid was identical to its previous bid that was rejected on October 8, 2024. Unlike in the first bidding effort, Elegant Construction Inc. now provided required documentation showing relevant experience. The low bid also came in higher than the engineer's estimate due to higher than anticipated asphalt paving costs, which staff believes is likely associated with the smaller size of the paving area.

Pursuant to the contract specifications , the contractor shall have 60 consecutive working days to complete the project. Work is scheduled to start in February 2025.

The project plans and specifications will be available for review at the January 14, 2025, City Council meeting or upon request.

FISCAL IMPACT:

The adopted Capital Improvement Program budget includes sufficient funding for the award of this contract. It will be expensed to the Facilities Maintenance Master Plan (General Funds) accounts in the Public Works Department, 57101-980000-25F02 .

The following funds will be expended:

Account Description
Facilities Maintenance Master Plan
Proposed fund uses are as follows:

Vendor
Elegant Construction Inc.

Elegant Construction Inc.

Various
Account Number
57101-980000-25F02
Purpose
Construction Contract
Construction Contingency
Printing & Incidentals
Total:

Amount
$ 675,000
Amount
$ 585,000
$ 88,000
$ 2,000
$ 675,000
Staff recommends establishing $88,000 (approximately 15% of total bid) for contingency purposes and unforeseen conditions associated with construction. 11-2
ENVIRONMENTAL REVIEW:

Police Department Parking Lot Maintenance Project -
Award of Contract No. 7901-1 (25F02)
Agenda Item No. 11

Page 3 ends

Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A - Location Map
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ATTACHMENT A
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PARKING LOT MAINTENANCE

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PROJECT LIMITS

CITY OF NEWPORT BEACH

PUBLIC WORKS DEPARTMENT
7901-1 01/14/2025
11-4

= CITY OF============

NEWPORT BEACH
City Council Staff Report
January 14, 2025
Agenda Item No. 12
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A Webb, Public Works Director - 949-644-3311 , dawebb@newportbeachca .gov
PREPARED BY: John Salazar, Streets & Beaches Superintendent - 949-718-3460, jsalazar@newportbeachca .gov
TITLE: Approval of Maintenance and Repair Services Agreements with EverFence Corporation and Red Hawk Services, Inc. for On-Call Fencing
ABSTRACT:

The City of Newport Beach's current agreements for on-call fencing maintenance and repair services expire on March 23, 2025. Based on the results of a Request for Proposals (RFP) process, staff recommends awarding five-year agreements for these services to EverFence Corporation and Red Hawk Services, Inc., with a not-to-exceed (NTE) limit of $300,000 for each agreement.

RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve a Maintenance and Repair Services Agreement with EverFence Corporation for a five-year term and total not-to-exceed amount of $300,000, and authorize the Mayor and City Clerk to execute the agreement; and
c) Approve a Maintenance and Repair Services Agreement with Red Hawk Services, Inc. for a five-year term and total not-to-exceed amount of $300,000, and authorize the Mayor and City Clerk to execute the agreement.

DISCUSSION:

The City's current on-call fencing maintenance and repair services agreements expire on March 23, 2025. Based on the results of an RFP, staff recommends awarding new agreements to EverFence Corporation and Red Hawk Services, Inc. as the two highest scoring proposers, for five-year terms and an NTE of $300,000 for each agreement.

The contractors provide as-needed maintenance and repair services for a variety of different types of fencing and related items at City parks, trails, beaches and facilities.

Occasionally, they may also provide temporary or minor permanent fencing services that arise on capital improvement program (GIP) projects. Major GIP project fencing needs are included as part of the project bid and therefore funded by the GIP project. 12-1
Approval of Maintenance and Repair Services Agreement with EverFence Corporation and Red Hawk Services, Inc. for On-Call Fencing January 14, 2025

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Awarding two on-call agreements ensures the City can efficiently address both emergent and planned work without being restricted by a single contractor's schedule and availability. It also ensures responsiveness , competitive pricing, and quality service, while reducing the risks associated with relying on single providers and potential contractor failure or underperformance . When services are needed, staff will request letter proposals from each contractor to secure the best pricing for each project.

Combined on-call fencing service expenditures from 2020-2024 under current agreements averaged approximately $100,000 per year with billing rates remaining static during that time. New billing rates, approximately 20% higher than current rates, align with inflation increases based on the Los Angeles-Long Beach-Anaheim-area consumer price index (CPI) during that time.

RFP No. 24-82 was published on August 15, 2024, and the City received three complete proposals. A three-member staff panel first evaluated proposals technically based on qualifications and demonstrated experience, with a maximum possible score of 60 points.

All three proposals earned the minimum 70% technically required and were then scored on a combination of various service costs, with a maximum possible score of 40 points.

Overall evaluation results are shown in the table below.

Proposer Technical Score Cost Score Total Score Rank
EverFence Corporation 45.00 39.07 84.07 1
Red Hawk Services, Inc. 55.00 27.60 82.60 2
Harris Steel Fence Co., Inc. 53.00 14.41 67.41 3
FISCAL IMPACT:

The adopted budget includes sufficient funding for these agreements. Work will be expensed to the appropriate accounts in the Public Works Department Operating and/or CIP budgets depending on its nature and location.

ENVIRONMENTAL REVIEW:

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A - Maintenance and Repair Agreement with Everfence Corporation Attachment B - Maintenance and Repair Agreement with Red Hawk Services, Inc. 12-2

ATTACHMENT A

ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT

WITH EVERFENCE CORPORATION FOR

ON-CALL FENCING MAINTENANCE AND REPAIR SERVICES
THIS ON~CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
C'Agreement") is made and entered into as of this 14th day of January, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and EVERFENCE CORPORATION, a Delaware corporation ("Contractor''), whose address is 12309 Telegraph Road, Santa Fe Springs, CA 90670, and is made with reference to the following:

RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to cany on its business as it is now being conducted. under the statutes of the State of California and the Charter of City.

B. City desires to engage Contractor to perform on-call maintenance and/or repair services for City consisting of on-call fencing maintenance, repair, replacement and installation. services ("Projecr) . •
C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in this Agreement.

D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified in this Agreement.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. TERM
The term of this Agreement shall commence on the Effective Date. and shall terminate on January 13, 2030, unless terminated earlier as set forth herein.

2. SERVICES TO BE PERFORMED

2.1 Contractor shall perform the on-call services described in the· Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or ~work"). Upon written request from the Project Administrator as defined herein, Contractor shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Propo~al shall include the following:

2.1.1 A detailed description of tt,e Services to be provided; 12-3

2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available;

2.1.3 The estimated number of hours and cost to complete the Services; and

2.1.4 The· time needed to finish the specific project.

2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal.

3. TIME OF PERFORMANCE

3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal, if any, or perform the Services in a diligent and timely manner may r~sult in termination of this Agreement by City.

3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed.

3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein, not later than two (2) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control.

3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand delivery or mail.

4. COMPENSATION TO CONTRACTOR

4.1 City shall pay Contractor for the Services on a time and expense not-to- exceed basis in accordance with the provisions of this Section and the Letter Proposal and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Three Hundred Thousand Dollars and 00/100 ($300,000.00), without prior written amendment to the Agreement.

Everfence Corporation Page2 12-4

4.2 Upon the first anniversary of the Effective Date and upon each anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall be adjusted in proportion to changes in the Consumer Price Index, subject to the maximum adjustment set forth below. Such adjustment shall be made by multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made, and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately prior to Effective Date. The Consumer Price Index to be used in such calculation is the "Consumer Price Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)", for the Los Angeles Riverside-Orange County Metropolitan Area, published by the United States Department of Labor, Bureau of labor Statistics. If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall-the amount payable under this Agreement be reduced below the Billing Rates in effect immediately preceding such adjustment. The maximum adjustment increase to the Billing Rates, for any year where an adjustment is made pursuant to this Section, shc1II not exceed the Consumer Price Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment, whichever is less.

4.3 Contractor shall submit monthly invoices to City describing the Work • performed the preceding month. Contractor's bills shall include the name and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the-monthly invoice by City staff.

4.4 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved jn writing in advance by City.

4.5 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B and the Letter Proposal.

5. PROJECT MANAGER

5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Andrew Kaufman to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any Everfence Corporation Page3 12-5
personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non-key personnel.

5.2 Contractor, at the sole discretion of City, shall remove·from the Project any of its personnel assigned to the performance of Services upon written request of City.

Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreemenf. s·. ADMINISTRATION
This Agreement will be administered by the Public Works. City's Director of Public Works or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement.

7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilitie~ under this Agreement, City agrees to provide access to and upon request of Contractor; one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule.

8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE

8.1 Contractor shall use only the standard materials described in Exhibit A in performing Services und~r this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator.

8.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws and legally recognized professional standards.

8.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement.

Everfence Corporation Page4 12-6

8.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies.

9. RESPONSIBILITY FOR DAMAGES OR INJURY
'

9.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them.

9.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor.

9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively,
11 Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's .presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them).

9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor.

Everfence Corporation Page 5 12-7

9.5 Contractor shall perform all Work in a manner to mmrmrze public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property.

Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or Its agents.

9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid.

9.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement.

10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the-desires of City with respect to ·the results of the Services.

11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project.

12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies.

13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired.

Everfence Corporation Page·6 12-8

14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference.

15. BONDING

15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00),-Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Letter Proposal accepted by City bf over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Letter,Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein by this reference.

15.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. •

15.3 Contractor shall deliver, concurrently with City's approval of any Letter Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00}, the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California.

16. PREVAILING WAGES

16.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Contractor and any subcontractor.

In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of Everfence Corporation Page7 12-9
workman or mechanic needed to execute t e Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof.

16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Contractor further warrants that it is currently registered and qualified to perform "public work'' pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or--, subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work.

17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint-venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint-venture.

18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City.

19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right Everfence Corporation Page8 12-10
to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request.

20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information.

21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable.

Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.

22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the tenns of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time peri'od, from the date of withholding of any amounts found to have been improperly withheld.

23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.

24. CONFLICTS OF INTEREST

24.1 Contractor or its employees may be subject to the provIsIons of the California Political Reform Act of 1974 (the "Act") and/or Government Code§§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.

Everfence Corporation Page9 12-11

24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section.

25. NOTICES

25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided.

25.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at:

Attn: Director of Public Works
Public Works
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660

25.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at:

Attn: Matthew Lloyd Sivewright
Everfence Corporation
120 Newport Center Drive
Newport Beach, CA 92660

26. CLAIMS

26.1 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment.

Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claini Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.).

26.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dfspute after completion of the dispute resolution process provided for in Public Contract Everfence Corporation Page 10 12-12
Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor/Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a '
1 Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.).

27. TERMINATION
27 .1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter drligently take steps to cure the default, the non-defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27 .2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form.

28. LABOR

28.1 Contractor shall conform with all applicable provisions of state and federal law including, but not limited to, applicable provisions of the federal Fair Labor Standards Act ("FLSA") (29 USCA § 201, et seq.).

28.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant information.

28.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States.

28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement.

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29. STANDARD PROVISIONS

29.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference.

29.2 Compliance with all Laws. Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. fn addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City.

29.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.

29.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of Whatsoever kind or nature are merged herein.

No verbal agreement or implied covenant shall be held to vary the provisions herein.

29.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern.

29.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply.

29.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.

29.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

29.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California.

Everfence Corporation Page 12 12-14

29.1 0 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law.

29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees.

29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one ( 1 ) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Everfence Corporation Page 13 12-15
IN WITNESS WHEREOF , the parties have caused this Agreement to be executed on the dates written below.

APPROVED AS TO FORM:

CITY ATTORNEY 'S OFFICE
Date: 12 -I] , Zl/.

CITY OF NEWPORT BEACH,
a California municipal corporation
Date: - --------
By:. _ _____ _____ _
ATTEST :

Date: -------
"7 /..J; cl
I?_ f.
<'i
Joe Stapleton
Mayor
CONTRACTOR :EVERFENCE
CORPORATION , a Delaware
corporation
Date: - --------
By: _________ _ _ _
Leilani I. Brown
By: ______ _____ _
City Clerk
Attachments:

Matthew Sivewright
Chief Executive Officer, Secretary,
Chief Financial Officer
[END OF SIGNATURES]
Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
Exhibit D - Labor and Materials Payment Bond
Exhibit E - Faithful Performance Bond
Everfence Corporation Page 14 12-16

EXHIBIT A

SCOPE OF SERVICES
Everfence Corporation Page A-1 12_17
Exhibit A
Scope of Services
Contractor shall provide and furnish labor, materials, special equipment, and permits for the installation and repairs of, but not limited to, wrought iron gates and fence, the installation and repairs of chain link gates and fence, privacy mesh fencing, Vinyl covered chain link fencing, wood panel fencing, peeler core post and wood-rail fencing, concrete post and rail fencing, and tension cables o city owned facilities within the City limits of Newport Beach, California.
• Contractor shall detail any modifications or curtailment of requested tasks and operations in Contractor's Letter Proposal which shall be subject to acceptance by the City's Project Administrator.
• Contractor shall maintain work areas with a well-manicured, clean appearance, and all work shall be performed in a professional manner using quality equipment. • Contractor shall be responsible for the demolition, removal, haul away, and disposal of construction related debris and materials related to the requested fence repair/installation work.
• Cont~actor shall be responsible for any damages to public and/or private property caused during the course of the work.
• Contractor shall recognize that during the course of this Agreement, the City may have other contractors conducting other activities and/or operations in the immediate vicinity of requested work. Contractor shall make every effort to coordinate activities with existing operations. Other activities may include, but are not limited to,. the followlng:
i. Landscape refurbishment;
IL Modification or repair of existing facilities;
iii. Constructioh; and
iv. Storm related operations
Contractor Requirements:
• Contractor shall meet all specifications and requirements contained in this Agreement. No substitutions will be accepted without prior City written approval. • Contractor shall possess and maintain an active C-13 - Fencing Contractor License issued by the State of California Contractors State License Board. • Contractor shall respond to requests within forty-eight ( 48) hours of notification by a representative of the City.
12-18
• All tools and materials shall remain in Contractor's possession at all times. • All Contractor vehicles parked on site shall be secure at all times. • Contractor shall ensure all precautions for safety are taken. • Contractor shall obtain necessary building permits at no cost when required. • Contractor shall possess a City Business License.
• Contractor shall be registered with the Department of Industrial Relations (DIR) for the electronic submitting of their certified payroll for prevailing wage. • As required, Contractor shall provide traffic control per the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD) "Watch Manual." • The Contractor is responsible for all underground service alerts prior to digging (DigAlert).
12-19
09/04/2024
EVER FENCE™
FENCE MADE EASY '~
EverFence will provide and furnish (as necessary) labor, materials, special equipment, and permits for the installation and repairs of (but not limited to) wrought iron gates and fence, the installation and repairs of chain link gates and fence, privacy mesh fencing, Vinyl covered chain link fencing, wood panel fencing, peeler core post and wood-rail fencing, concrete post and rail fencing, and tension cables on city owned facilities within the City limits of Newport Beach, California.

About Us:

EverFence Corporation is a reputable fence company with roots in Southern California and offices in Texas as well as Florida. Our five locations in Southern California allow us to serve our customer base quickly and efficiently with the high standards we require of ourselves.

EverFence's local team to Newport Beach consists of our Commercial Division Manager, Commercial Manager. 5 project managers, 3 project coordinators, 5 estimators, 25 crews, accounts, etc .. We have an abundance of knowledge throughout our organization and are extremely confident in our ability to meet timelines and with the high level of quality expected.

Method of Approach:
1) We are extremely confident in our ability to provide coverage and materials in ample time for this project. Everfence is very familiar with these types of projects, and we have a very experienced team coordinating along with multiple facilities in the area. a) Subcontractors - We will not be using subcontractors on this project as our team and crews are the most experienced with this SOW.
12-20
Contractor License:
~-~ ~ CONTRACTORS
'-''--c::i STATE UCENSE BOARD
- ·-.. ~- ACTIVE LICENSE
._ ....... 1063022 ..... CORP
--EVERFENCE CORPORATION
........ ..,,,C13 ~
. _ .... 02/28/2026 ~ J'11 ~ ' www.cslb.ca.gov ~
---- ---- - -
Department of Industrial Relations (DIR):
1) DIR Nurnber: 1000708605 Expires: 06/30/2 026
Conclusion :

On behalf of EverFence Corporation, we would like to express our gratitude for the chance to bid on this proj"3ot. We are eager and enthusiastic about the prospect of working with the City of Newport Beach.
12-21

EXHIBIT B

SCHEDULE OF BILLING RATES
Everfence Corporation Page 8-1 12_22
Exhibit B - COST FILE
Sectio n 1: Billing Rates
Important Note: Rates are inclusive of all costs including , but not limited to labor, travel , supplies , equipment , materials , and disposal in the performance of the prescribed task.s.

CHAIN LINK FENCE
Chain link shall be 9 gauge, 2 1/4" mesh size
ITEM Unit of Cost per Cost per Cost per Cost per
NO. DESCRIPTION Measure Unit Unit Unit Unit
(1-10 LF) (11-50LF) (51-100LF) (100+LF)
1 Remove and install 4' LF hiqh chain link fence $21.00 $21.00 $21.00 $21 .00 2 Remove and install 6' LF hioh chain link fence $22.00 $22.00 $22.00 $22.00 3 Remove and install 8' LF high chain link fence $26.00 $26.00 $26.00 $26.00 4 Provide and install 4' LF hiqh chain link fence $15.00 $15.00 $15.00 $15.00 5 Provide and install 6' LF hiQh chain link fence $18.00 $18.00 $18.00 $18.00 6 Provide and install 8' LF high chain link fence $20.00 $20.00 $20.00 $20.00

CHAIN LINK POSTS
Removal
ITEM Unit of Cost Cost per Cost per Cost per
NO. DESCRIPTION Measure per Unit Unit Unit Unit
(Each) 2-5 Each (6-10 Each) (10+ Each)
Removal of line or $350 $350 $350 $350 7 terminal posts all sizes Each and location
Line Post Install
ITEM Unit of Cost Cost per Cost per Cost per
NO. DESCRIPTION Measure per Unit Unit Unit Unit
(Each) 2-5 Each (6-10 Each) (10+ Each)
8 1 5/8" diameter x 4' high Each in concrete/pavement $250.00 $250.00 $250 .00 $250.00 . ·-
1 5/8" diameter x 4' high 9 in soil Each $245.00 $245.00 $245.00 $245.00 10 1 5/8" diameter x 6
1 high Each in concrete/pavement $260.00 $260.00 $260.00 $260.00 11 1 5/8" diameter x 6' high Each in soil $255.00 $255.00 $25.5.00 $255.00 12 1 5/8" diameter x 8' high Each in concrete/pavement $270.00 $270.00 $270.00 $270.00 12-23

COST FILE
Line Post Install (cont.)
Cost per Cost Cost per Cost per ITEM Unit of per Unit Unit Unit Unit NO. DESCRIPTION Measure (Each) , 2-5 Each ( 6-10 Each) (10+ Eachl 13 1 5/8" diameter x 8' high Each in soil $265.00 $265.00 $265.00 $265.00 14 1 7/8
11 diameter x 4' high Each in concrete/oavement $250.00 $250.00 $250.00 $250.00 15 1 7/8" diameter x 4' high. Each $245.0I $245.00 $245 .00 $245.00 in soil 16 1 7/8" diameter x 6' high Each in concrete/pavement $260.0I $260.00 $260.00 $260.00 17 1 7/8" diameter x 6' high Each $255.!)0 $255.00 $255.00 $255.00 in soil 18 1 7 /8" diameter x 8' high Each $270.00 $270.00 $270.00 $270.00 in concrete/pavement 1 7/8" diameter x 8' high Each $265.0I $265.00 $265.00 $265.00 . 19 in soil 20 • 2 3/8" diameter x 4' high Each $265.01 $265.00 $265.00 $265.00 in concrete/oavement I 2 3/8" diameter x 4' high Each 21 in soil $260.00 $260.00 $260.00 $260.00 22 2 3/8" diameter x 6' high Each $275.00 $275.00 $275.00 $275.00 in concrete/pavement 23 2 3/8" diameter x 6' high Each in soil $270.00 $270.00 $270.00 $270.00 24 2 3/8" diameter x 8' high Each $280.0i $280.00 $280.00 $280.00 in concrete/pavement 25 2 3/8" diameter x 8' high Each $275.rn $275.00 $275.00 $275.00 fn soil 26 2 7/8n diameter x 4' high Each $265.0 0 $265.00 $265.00 $265.00 in concrete/pavement . 2 7/8" diameter x 4' high Each 27 in soil $260.0 0 $260.00 $260.00 $260.00 28 2 7/8" diameter x 6' high Each in concrete/oavement $275.0 0 $275.00 $275.00 $275.00 29 2 7/8" diameter x 6' high Each in soil $270. QI I $270.0 0 $270.00 $270.00 30 2 7/8" diameter x 8' high Each in concrete/pavement $280. 00$280.00 $280.00 $280.00 31 2 7 /8" diameter x a· high Each $275.0 0 $275.00 $275.00 $275.00 In soil Terminal Post Install
Cost Cost per Cost per Cost per ITEM Unit of per Unit Unit Unit Unit NO. DESCRIPTION Measure (Each) (2 Each) (3-4 Each) (4+ Each) 32 2 3/8" diameter x 4' high Each in concrete/pavement $265.0I $265.0( $265.00 $265.00 12-24

COST FILE
Tenninal Post Install
ITEM Unit of Cost Cost per Cost per Cost per
NO. DESCRIPTION Measure per Unit Unit Unit Unit
(Each) (2 Each) f3-4Each) (4+ Each)
33 2 3/8" diameter x 4' high Each $260.0I I $260.00 $260.00 $260 .00 in soil 34 2 3/8" diameter x 6 high Each $275.0I $275.00 $275 .00 in concrete/pavement $275 .00 35 2 3/8" diameter x 6' high Each $270.00 $270.00 $270.00 $270.00 in soil 36 2 3/8" diameter x 8' high Each in concrete/pavement $280.00 $280.00 $280.00 $280.00 37 2 3/8" diameter x 8' high Each in soil $275.00 $275.00 $275.00 $275.00 38 2 7/8" diameter x 4' high Each $265.rn $265.00 $265.00 $265.00 in concrete/pavement 39 2 7 /8" diameter x 4' high Each $260.00 $260.00 $260.00 $260.00 in soil ·40 2 7/8" diameter x 6 high Each in concrete/pavement $275.00 $275.00 $275.00 $275.00 -41 . 2 7/8" diameter x 6' high Each in soil $270.00 $270.00 $270.00 $270.00 42 2 7/8" diameter x 8' high Each s2ao .rn $280.00 $280.00 $280.00 In concrete/pavement 43 2 7/8" diameter x 8' high Each in soil $275 .rn $275.0( $275 .00 $275.00 Minimum specifications unless otherwise noted on approved pennlt/plans when applicable:
, Concrete for fence posts shall have a·minimum compression strength of 4,000 psi. • Fence post footings to be a minimum of 3 times the post diameter. -. Fence post footings to be a minimum of 24" deep for 4' and 6' high posts and 36 11 deep for
8' high posts.
12-25

COST FILE

MISCELLANEOUS TASKS
ITEM Unit of Cost per Cost per Cost per Cost per
NO. DESCRIPTION Measure Unit Unit Unit Unit
(1-10LF) 11-S0LF' (61-100LF) (100+LF)
44 Re-stretch chain link LF fabric $27.00 $27.00 $27.00 $27.00 45 Remove and replace top LF $12.00 $12.00 $12.00 $12.00 rail 46 Remove and replace LF bottom tension wire $3.75 $3.75 $3.75 $3.75 47 Privacy Fencing - Slats LF $34.00 $34.00 $34.00 $34.00 48 Privacy Fencing - Vinyl LF $24.00 $24.00 $24.00 $24.00 Sheeting 49 Re-Stretch 3/8° Tension LF cable $7.25 $7.25 $7.25 $7.25 50 Remove and install 3/8" LF Tension cable $12.75 $12.75 $12.75 $12.75 51 Re-Stretch 3/16" LF Tension cable $8.25 $8.25 $8.25 $8.25 52 • Remove and install 3/16 LF Tens ion cable $13.75 $13.75 Remove and Install Gate
53 Chain link fabric shall be LF B100.oo $100.00 $100.00 $100.00 9 gauge - 2 1 /4" mesh size
54 Rental Chain Link 6 foot LF high $27.00 $27.00 $27.00 $27.00 I
55 Privacy Fencing - Fabric LF $6.00 $6.00 $6.00 $6.00
12-26

COST FILE
After Hours means Monday - Friday 5:00 pm • 7:00 am, Weekends and Holidays. • All rates subject to comply with Prevailing Wage requirements and subject to Department of Industrial Relations (DIR) payroll submiss;on.
• Rates are inclusive of materials . Any reimbursements for unanticipated and pre-approved costs will require a receipt with a maximum 15% markup allowable.

Section 2: HOURLY LABOR RATES
Minimum Call Out: 2 Minimum Hours
Rate Type Hourly Labor Rate
$150.00
Welding - Regular Rate
$225.00
Welding - Overtime Rate (Monday - Friday 5:00
pm • 7:00 am, Weekends and Holidays)
Foreman - Regular Rate $150.00
Foreman - Overtime Rate (Monday - Friday
5:00 pm · 7:00 am, Weekends and Holidays) $225.00
Journeyman-Regu~rR~e $125.00
Jo,urneyman - Overtime Rate (Monday - Friday
5:00 pm · 7:00 am, Weekends and Holidays) $188.00
Laborer - Regular Rate $100.00
$150.00
Laborer - Overtime Rate (Monday - Friday 5:00
pm • 7:00 am, Weekends and Holidays)
Parts and Materials Markup % (Maximum 15%) Total % Markup: 14.5 % CPI ADJUSTMENT : Billing rates may be given up to a 2% annual CPI increase upon the first anniversary of the contract and each anniversary thereafter in accordance with the terms set forth in the Agreement.
12-27

EXHIBIT C

INSURANCE REQUIREMENTS - MAINTENANCE/REPAIR/JANITORIAL SERVICES

1. 2.

3. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage.

Acceptable Insurers. All Insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business· of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.

Coverage Requirements.

A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance. statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code.

Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees.

B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products-completed operations, personal and advertising injury, and liability assumed under an Insured contract (including the tort liability of another assumed in a business contract).

C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor Everfence Corporation Page C-1 12-28

4. arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident.

Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions:

Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors.

Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies.

Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City.

Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is requjred) or nonrenewal of coverage for each required coverage.

5. Additional Agreements Between the Parties. The parties hereby agree to the following:

A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or Everfence Corporation Page C-2 12-29
reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another, insurance company or companies. City reserves the right to require complete, certified copies of all required Insurance policies, at any time.

B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation.

C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 0413 .

D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder.

E. . Requirements not Limiting, Requirements of specific coverage features or 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. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

F. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self insurance will not be considered to comply with these requirements unless approved by City.

Everfence Corporation Page C-3 12-30
G. City Remedies for Non-Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upoh demand.

H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

L Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

Everfence Corporation Page C-4 12-31

EXHIBIT D

CITY OF NEWPORT BEACH
BOND NO. ----LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to EVERFENCE CORPORATION hereinafter designated as the "Principal," an agreement for maintenance and/or repair services consisting of on-call fencing maintenance, repair, replacement and installation services, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference.

WHEREAS, Principal has executed or Is about to execute the Agreement and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be ,done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth.

NOW, THEREFORE, We the undersigned Principal, and, ______ _ duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held and firmly bound unto the City of Newport Beach, in the sum of ______________ Dollars ( ),
lawful money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the Agreement; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, Implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of Califomia.

Everfence Corporation Page D-1 12-32
The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California.

And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Agreement or to the Work or to the specifications.

In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond.

IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the ____ day of _______ , 20_.

Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
Date: --------
By: _____ _ _______ _
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title

NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE

ATTACHED
Everfence Corporation Page D-2 12-33

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document
State of California
County of _ ________ _, ss.

On ____ ___ ___ _. 20 _ _ before me, ____________ _
Notary Public, personally appeared ____ _______________ _. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

ACKNOW LEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and nofthe truthfulness, accuracy, or validity of that document.

State of California
County of _________ -J ss.
(seal)
On ___ ________ , 20 _ _ before me, ----- - - - - ---~
Notary Public, personally appeared ____ _ ___________ ___ _, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (seal)
Everfence Corporation Page D-3 12-34

EXHIBIT E

CITY OF NEWPORT BEACH
BOND NO. __ _

FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ __________ , being at the rate of$ thousand of the Agreement price.

WHEREAS, the City of Newport Beach, State of California, has awarded to EVERFENCE CORPORATION hereinafter designated as the "Principal," an agreement for maintenance and/or repair services consisting of on-call fencing maintenance, repair, replacement and installation services in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is fncorporated herein by this reference.

WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a Bond for the faithful perfonnance of the Agreement.

NOW, THEREFORE, we, the Principal, and ___________ _
______ _ __________ ______ , duly authorized to
transact business under the faws of the State of California as Surety (hereinafter "Surety''), are held and firmly bound unto the City of Newport Beach, in the sum of lawful
money of the United States of America, sa·d sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Agreement and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void.

As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring· an action in law or equity against Surety to enforce the obligations of this Bond.

Everfence Corporation Page E-1
12-35
Surety, for value received, stipulates and agrees that no change, extension oftime, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Agreement or to the Work or to 1he specifications.

This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City.

In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the __ day of _______ , 20_.

Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
Date: - -------
By: __________ _ _ _
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title

NOTARY ACKNOWLEDGMENTS OF

CONTRACTOR AND SURETY MUST BE ATTACHED
Everfence Corporation Page E-2
12-36

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to . which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of ________ __, ss.

On ___________ ,, 20 __ before me, ____________ _,
Notary Public, personally appeared-------------------~
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity{ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who .signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of ________ ~ ss.
(seal)
On ___________ , 20 __ before me, ____________ _
Notary Public, personally appeared ___________________ _, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the i11st11..1ment.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (seal)
Everfence Corporation Page E-3 12-37

ATTACHMENT B

ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH RED HAWK SERVICES, INC. FOR

ON-CALL FENCING MAINTENANCE AND REPAIR SERVICES

THIS ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
(''Agreement") is made and entered into as of this 14th day of January, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City''), and RED HAWK SERVICES, INC., a California corporation (''Contractor"), whose address is 262 E 1st Street, Perris, CA 92570, and is made with reference to the following:

RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City.

C. Contractor possesses the skill, experience, ability, background. certification and knowledge to provide the maintenance and/or repair services described in this Agreement.

NOW; THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. TERM
The term of this Agreement shall commence on the Effective Date, and shall terminate on January 13, 2030, unless terminated earlier as set forth herein.

2. SERVICES TO BE PERFORMED

2.1 Contractor shall perform the on-call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work''). Upon written request from the Project Administrator as defined herein, Contractor shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following:

2.1.1 A detailed description of the Services to be provided; 12-38

2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available;

2.1.3 The estimated number of hours and cost to complete the Services; and

2.1.4 The time needed to finish the specific project.

3. TIME OF PERFORMANCE

3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A and the Letter Proposal. Jn the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set f9rth in Exhibit A and the Letter Proposal, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City.

3.3 Contractor shall submit all requests for extensions of time for performance In writing to the Project Administrator as defined herein, not later than two (2) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control.

3.4 For all time periods not specifically set forth herein, Contractor shall respond In the most expedient and appropriate manner under the circumstances. by fax, hand delivery or mail.

4. COMPENSATION TO CONTRACTOR

Red Hawk Services, Inc. Page2 12-39
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4.2 Upon the first anniversary of the Effective Date and upon each anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall be adjusted in proportion to changes in the Consumer Price Index, subject to the maximum adjustment set forth below. Such adjustment shall be made by multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made, and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately prior to Effective Date. The Consumer Price Index to be used in such calculation is the "Consumer Price Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)", for the Los Angeles Riverside-Orange County Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics, If both an official index and one or more unofficial indices are published, the official index shal! be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Billing Rates in effect immediately preceding such adjustment. The maximum adjustment increase to the Billing Rates, for any year where an adjustment is made pursuant to this Section, shall not exceed the Consumer Price Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment, whichever is less.

4.3 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff.

4.4 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved in writing in advance by City.

4.5 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, 1 'Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B and the letter Proposal.

5. PROJECT MANAGER

5.1 Contractor shall designate a Project Manager, who shall coordinate al! phases of the Project. This Project Manager shall be available to City at all reasonabre times during the Agreement term. Contractor has designated Sacott Moore to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any Red Hawk Services, Inc. Page 3 12-40
personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non-key personnel.

5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City.

Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement.

6. ADMINISTRATION
This Agreement will be administered by the Public Works. City's Director of Public Works or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement.

7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule.

8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE

8.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator.

8.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under si_milar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement, all applicable federal state and local laws and legally recognized professional standards.

Red Hawk Services, Inc. Page4 12-41

8.4 Contractor shall not be responsible for delay1 nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City fa furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies.

9. RESPONSIBILITY FOR DAMAGES OR INJURY

9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, ''Claims''), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them).

9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed· as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor.

Red Hawk Services, Inc. Page5 12-42
i

9.5 Contractor shall perform all Work in a manner to m1r11m1ze public inconvenience and possible hazard, to restore other work areas to their original condition and fom,er usefulness as soon as possible, and to protect public and private property.

Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents.

9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by It until disposition has been made of such suits or claims for damages as aforesaid.

9. 7 The rights and obligations set forth in this Section shall survive the termination of this Agreement.

10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. lhe manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services.

11. COOPERATION
Contractor agrees to work closely a nd cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project.

12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proc.eeds in a manner consistent with City goals and policies.

Red Hawk Services, Inc. Page6 12-43

14. INSURANCE
Without limiting Contractors indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference.

15. BONDING

15.1 For any letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: (1) a Labor and Materials Payment Bond In the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein by this reference.

15.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety ( 1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property~ Casualty.

15.3 Contractor shall deliver, concurrently with City's approval of any Letter Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority° of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California.

16. PREVAILING WAGES

In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination Red Hawk Services, Inc. Page7 12-44
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is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem Wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. ,

16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Contractor further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work.

18. SUBCONTRACTING
The subcontractors authorized by City, if any: to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City.

19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any Red Hawk Services, Inc. Page8 12-45
i i
other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request.

22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld.

23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.

24. CONFLICTS OF INTEREST

24.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 197 4 (the "Act") and/or Government Code §§ 1090 et seq., which (1} require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.

Red Hawk Services, Inc. Page9 12-46

25. NOTICES

25.1 All notices, demands, requests or approvals1 including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided.

25.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at:

Attn: Director of Public Works
Public Works
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660

25.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at
Attn: Sacott Moore
Red Hawk Services, Inc.
262 E 1 st Street
Perris, CA 92570

26. CLAIMS

Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict confonnance with the Government Claims Act (Government Code sections 900 et seq.).

26.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Red Hawk Servlces1 Inc. Page 10 12-47
Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor/Consultant to file a claim in strict confonnance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.).

27. TERMINATION

27.1 ·In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non-defaulting party may terminate the Agreement forthwith by giving to the de aulting party written notice thereof.

27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily perfonned and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form.

28. LABOR

28.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States.

28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. • This obligation shall survive the expiration and/or termination of the Agreement.

Red Hawk Services, Inc. Page 11 12-48

29. STANDARD PROVISIONS

29.1 Recitals. City and Contractor acknowledge that the above Rec1tals are true and correct and are hereby incorporated by reference.

29.2 Compliance with all Laws. Contractor shall, at its own cost and expense1 comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City.

29.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to· pea waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.

No verbal agreement or implied covenant shall be held to vary the provisions herein.

29.5 Conflicts or Jnconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern.

29.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the Ctty Attorney.

Red Hawk Services, Inc. Page 12 12-49

29.1 0 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex., sexual orientation, age or any other impermissible basis under law.

29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees.

29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1} and the same instrument.
[SIGNATURES ON NEXT PAGE]
Red Hawk Services, Inc. Page 1~ 12-50
IN WITNESS WHEREOF , the parties have caused this Agreement to be executed on the dates written below.

APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
Date: J 2.. - I 7 - 2 l(

CITY OF NEWPORT BEACH,
a California municipal corporation
Date: ---------
By:---.,q..i;;.£!-1.j~J...JJ.:.:.........::::::_.i_( ~___..:..:.\,______ By: _______ ____ _ 1~~ Joe Stapleton
'o/<~ Mayor
ATTEST:

Date: --- - ---
CONTRACTOR: RED HAWK
SERVICES, INC., a California
corporation
Date: ---------
By: ______ _____ _
Leilani I. Brown
By: ______ _ ____ _
Scott A ven Moore
City Clerk
Attachments :

Chief Executive Officer, Chief Financial
Officer
Date: ---------
By: _ _ _ ____ ____ _
Jacob Ray Moore
Secretary
[END OF SIGNATURES]
Exhibit A- Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
Exhibit D - Labor and Materials Payment Bond
Exhibit E - Faithful Performance Bond
Red Hawk Services, Inc. Page 14 12-51

EXHIBIT A

SCOPE OF SERVICES
Red Hawk Services, Inc. Page A-1 12_52
Exhibit A
Scope of Services
Contractor shall provide and furnish labor, materials, special equipment, and permits for the installation and repairs of, including but not limited to, wrought iron gates and fences, the installation and repairs of chain link gates and fences. privacy mesh fencing, Vinyl covered chain link fencing, wood panel fencing, peeler core post and wood-rail fencing, concrete post and rail fencing, and tension cables on city owned facilities within the City limits of Newport Beach, California.
• Contractor shall detail any modifications or curtailment of requested tasks and operations in Contractor's Letter Proposal which shall be subject to acceptance by the City's Project Administrator.
• Contractor shall maintain work areas with a well-manicured, clean appearance, and all work shall be performed in a professional manner using quality equipment. • Contractor shall be responsible for the demolition, removal, haul away, and disposal of construction related debris and materials related to the requested fence repair/installation work.
• Contractor shall be responsible for any damages to public and/or private property caused during the course of the work.
• Contractor shall recognize that during the course of this Agreement, the City may have other contractors conducting other activities and/or operations in the immediate vicinity of requested work. Contractor shall make every effort to coordinate activities with existing operations. Other activities may include, but are not limited to, the following:
i, Landscape refurbishment;
ii. Modification or repair of existing facilities;
iii. Construction; and
iv. Storm related operations
Contractor Requirements:
• Contractor shall meet all specifications and requirements contained in this Agreement. No substitutions will be accepted without prior City written approval. • Contractor shall possess and maintain an active C-13 - Fencing Contractor License issued by the State of California Contractors State License Board. • Contractor shall respond to requests within forty-eight (48) hours of notification by a representative of the City.
12-53
• All tools and materials shall remain in Contractor's possession at all times. • All Contractor vehicles parked on site shall be secure at all times. • Contractor shall ensure all precautions for safety are taken. • Contractor shall obtain necessary building permits at no cost when required. • Contractor shall possess a City Business License.
• Contractor shall be registered with the Department of Industrial Relations (DIR) for the electronic submitting of their certified payroll for prevailing wage. • As required, Contractor shall provide traffic control per the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD) "Watch Manual." • Contractor is responsible for all underground service alerts prior to digging (DigAlert).
12-54
Red Hawk
Laborer s Local 1184

DBA RED HA WK FENCE
262 East First Street • Perris, CA 92570
Phone: 877-657-6400 • Fax: 951-657-6442
Inc.

Certified SBE 2014810
RED HAWK SERV IC ES, INC. IS A SOUTHERN CALIFORN IA BASED FENCING COMPANY .

THE V ISIO f'OR RED HAWK FENCE IS SIMPLE.

DELIVER QUALITY RESULT S AND UNMATCHED EXPERT ISE
OUR UNIQUE CAPAB ILI TIES BRl C SATISFAC TlO.N TO EACH AND EVE RY CUSTOMER.

Objective: Red Hawk Fence continua lly strives to provide the preferred fencing contractor standards we maintain for many of the Local Utilities, Municipalities, School District and Construction Projects we service throughout the Southern California Regions. The highest quality standards apply to every aspect of our workmanship.

Summary: Red Hawk Fence has the experience it needs to handle the most challenging projects; we approach each project with a cooperative mindset. working with owners, architect s. and contractors toward the common goal - "successfu l project delivery" .

Red Hawk Fence has successfully executed projects o f every size with diverse degrees of complexity for clients in various market segments including Commerc ial. Industrial , Residential, School Districts, Local Utilities, Municipalitie s, Military and Caltrans. We are earning an exce llent reputation and a loyal customer base by consistently deli vering projects on time. on budget, with a commitment to quality in every aspect of the project.

Education: Red Hawk Fence is licensed, bonded & Insured as an A, B, C-1 3, and C-61/028 contractor. We are a family run business. Red Hawk Fence is highly dedicated to ''safety on the job'' and has implemented a safety incentive program, with 3rd party inspectors, allowing us to maintain the highest safety standards. We bring several decades of experience to our endeavors with a commitment to our customers to provide superior service and competitive pricing. Red Hawk Fence is also member of LIUNA Local 1184 and certified SBE.

Professional Experience: Raising the bar;, with nearly 30 years average fencing experience with each key employee. Red Hawk Fence has earned a good r eputation since we first opened our doors. With a tradition of hard-work, and superior craftsmanship , Red H awk F ence has the know-how that only comes from years of hands-on construction experience. This experience applies to the small project from residential and local communit ies, hundred-thousand-dollar projects that attract attention. and for projects that fall in between.

We are proud of our experience , accomplishments, and the high-quality workmanship. 12-55
,·
\.
aca CONTRACTORS"

STATE LICENSE BOARD
ACTJVE LICENSR a
--1050794 -co RP
--RED HAWK SER.VICES INC OBA
ReD HAWK FENCE
-~·~,~ts
_,A a c,a 001/028
--02/28/2025
12-56
Page I l
12-57
Owner: City of Newport Beach
City Hall, Second Floor, Bay D
100 Civic Center Drive
Newport Beach , CA 92660
Contractor: Red Hawk Fence
262 E l t t.

Perris, A 92570
Phone: (877) 960-2717
Project: On- Call Fencing Maintenance and Repair Services Procedures:

I. Contact info- list of Proje t Manag rs / Estimator

2. Reque t a propo al

3. Approve material 's submittal

4. Fabrication/ lead time

5. Schedule project

6. Installation

7. Completion/ Final Punch list
S.O.P. prepared by:

Ricardo Gutierrez
Red Hawk Fence
Cell: 951 )-503- 32
E-mail: Ri ky@Redhawk

Page 12 ends

12-58
Contact info- list of Project managers to reach to
Below I have the info for 3 estimators/ project mana gers. 1n case of emergenci es please contact the owner.

Prima ry Project Manager/ estimator:

Red Hawk Fence
Ricardo Gutierrez
Estimator/ Project Manager
( >ffict: (951)657-6400 I l~ma1l. Rickr@m:lb,J\~kseryJCC:s.us Cell: "951)503 8325 I [,ax: (951)657 6442
,\ddrcss: 262 E. !s1 Street, Perm, C:\ 925-o
Other Project Managers / estimators :

Red H awk Fence
J >tcob R. Moore
Office:. (951)657-6400 I I .mail: jac;ob(a rcdhawk;,eo ices us ( .ell: (9(191272-0945 I bs: (951 ,65"' 6442
\ddrcss: 262 E. I ~I Street, Perm, C \ 925~0
Red Hawk Fence
J arold T. Smollen
Project Manager / Estimator
Autom ated Gates and Access Control and Fencing Division GAGO/ (Certified Automatic Gate Operator Installer. AFA. IDEA) CLSB 1050794 DIR 1000405318
Office: 1-877-960-27 I 7 I Email: ,arold@ rs:dh,1wbcmm,us Cell: (951) i72-2320 I Fax: r9<;J) 657 6±42
Address: 262 E. I st St.reet, Perris, CA 92570
OWNER :

Red H awk Fence
Office: I 877 960 r 1- I lim.ul: scotrfaJrcdhawk;,m,ccs.u~ Cell: (<J51) 712-T21 I h.,c: 1951) 65- 6442
r\d<lrc~s: 262 E. 1st StrccL, Pcms, CA 925.,0
Ltc # I 050794

Page 13 ends

12-59
Request a proposal
Once you reach out to our estimators we will gladly meet you on site to walk the job presented.

Once we calculate the material, equipment , and labor necessary to complete your project we will send out a proposal for your approval. (example attached below).

Page 14 ends

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REDHAWKFENCE
loU frt• 1-171.~ .~n, 161 E. 1•. Stm~ ,,mi, CA 9lS70
l'ROPOSAl.JO ll: Citr Ol;'\""ll•rt D ... b, 1Llld.Riih1 balboa DATE: l/1712J l'i,r Atta: Ron H.abn
PLoQo: ffl-711-)461
Cu::riGsatl,u1 ,t Q-af11·
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Adclrn1 l ~boa Pi,r, l\cnpon B,ocb, CA P:661 &-awl : RBtb$11•"1'"'1bttth~•• · WORK t'(CLtl1)ED : l<td 111\\'k Stt\i:ct< IAc (l)IL\ RN! Ht•t Ftnct) tballprO\~dt tile coculronioc 1mict1 ia<tlldu!J IIJ< Ltbor, awr, bl, . ""4 rqui;,m"'1. oerm••J' IO <OC!lplt1e th, foUo"ins i<op, oh.,ork fot lllt abon 1tftr .. "4 pro «1 !crlll, pri« lndlo tl'4 (><• ettlu lioo, b<to~,.

SC Or& Of WORX; to,,~ a om- 2f 10•1 t..nd ua ~btct. Om.tr •, n:lstin1: b1odral!.

BJ.! por pr....at,, 11<111 nltl
Cl.ARltlC A~'> ~cm:s:
• fboa• pbr. hand ru iilto ni1tin11 rurb
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• JIB" C"ofltl'•t• Su..,,. .antbon
• l -J/8~ 1 t<h. 40 1 pip•
• Sor dipp,d C21.•'Ki1Nf llnhh
TOTAL COST: ~,8S4.68
- ~ i,t,,(l)lllO!oll:>:i..,-..,, .. &..,J"'"""°'>··AO)·•""""'""_, .. ,-......,,.,u.....,.11,-.ich.d,.._ .r .... i,,,, .... a....rc1n, .......... 1o·r.-bod>..i..oro.-.1co . ·MY~ tncmct«awawio:.1,qui:ltd'11'\Il\r 1, ~ tOII
ma.m.l)U: :
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nll'~ : l'l.,..,.i n ~~ll"" .. otJOd.),t""'u,,<""' )Wma>lol.C. 1'nndrojol>11<111<WIRdmR,,Ul1•1t.Scn'itnlkilily ,l"rofr<1•p,)--p,ot di,mll00otJ">i«1~'11Fli<ult~B"-' •cf....,._.,...,_....,"""''t_pb,,tc.,,,11;;..i»41>, ... M1,_..,11p,o16"1m,-.1«0,,,.tDI'..,._, , (J(O.OSIO:U , CAD•~n-ruunl '°l&i g,""'1of .r""'1'-"•0Got'"4 ,,_,..,,11_ , ,oodriC.,.r~tJ,.._ _ _..r-.l.,cpH<iog,p:tlo<h. _ _,._,,.._p1,apn-..,.,.-.., , ;,,,,.-.w,g,pobt,,.....-t.:, .•IKoitol.•1Nriosfl'llll,ioJ.Wtip,<'l\oa""""-.-M, ll■f_,.,.....,.__ 1Mi,..,_..,.-.,.....,.,i,.n._. ...... ...,._.iar,.,-..;..i,,_.l,_,~J."',._;;,' .BuJA,o,nce.1<inqail.-,lhiJ"...,,,;<:aA1,q,,ir-,LSV.l'ft . -""""5-..i&c.-~N~"""'""'"'-'fl'U''•-..i.....i.rr-i....,,..,,.,...,""Y(Dl!Al«,S ll~-•n•b,...,..r;,.'7Gen-. l't,rdw,-wJloll ot--..ortnll c-c,, ,-""""Jtoat~~ tiot.4CJ rodr,,wu,1ol,.,_;rltzr,,ttro,t,,h"ote.li1'~ ;,tn/kUVTJ "'IJ'Ofllj, lffttW"'Z'bwlf///Ofb .. 11.J ~ Aoclf-,io •• .... ... __ ,,,,.,..,......., . ...,.,._<,W,,., i ,....,;,,/,c(J>l.,,/dn.,,....i-.-.,.,,41 .... ,,.,,.,..,,.,.lr(J,.,.,,..,,.,.Nl<>T ~,._,.,.,..,_,tcll.-t•/l,mrt,_,..,~Jt--••-•-efn, ir.n1r-,itnbo,;w""""""I IAU,_,.,J, o-..,OlfS.

SubmlttNJ by Rl'd Ba,•kS«i,i«j lot
E\umaccr.

Riardo (Ridcy) Gnlitln ~
Cell: (95 l)S03·Bl!S
Emmi: Ricky@s«lh,,\l~l<n cu
SIC;(A TI,.'JU: Of ACClPTA.'iCE
'""'"""""-~--•fltn~
om
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12-60
Approve material's submittal
To guarantee you receive what you want we will create a submittal package specking out every item on the job. ( please see example below)
Submittal includes: CAD drawings of what you want, specifications of material, material certifications, and concrete mix design, etc ....

Once everything looks good to the owner and submittals have been approved we can move forward with fabrication.

LAYOUT:

North Hollywood Centr:il Treatment: Site L:iyout

Page 15 ends

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FOOTWIOPER
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CAlCU. A TIOf JS
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12-62
CONCRETE MIX DESIGN:

Concrete Mix Design 4219 lA
DIiie

ROBERTSON'S
ROCK ' SAND • BASE MATERIALS

READY MIX CONCRETE
5119/2023
I Coocrere Mix DN/gn #:

Pro/fle1· s,n Fem,nao w: re, R , on • 118 5 Sh ldon St. • un V11/ey Contracto,. R~ H~.,. F.tte.
0eSCt,PIIOII J I t• 1 f ' / I ' 11
Strength ,re,- :I PSI WIC 18,,o
Slvmp· 4 • Saclc Content
Max, S,ze of Agg I • G Vs~.

Pump Type Boom pump Un WI
ALL CONCRETE IS IMXED AND DELIVERED IN ACCOROAN~ WITH ASTII C.M 061

5.20 sk
692
146 4
Annnon.,re Wf'lnhls are SSD; Mounn 111 Aonn!o.1ir& M.w be Coosl(kred IMH-n ~ll'tmrnino T Ola/ M/Jt Water MIXut:SJGN :110N
conr•nts: Balch WI, %used SD. Gr. Volume
Cement (ASTM C-150} 416 85 15 212
F-lyAsh-C/Dss F- (ASTM C~ IBJ 73 IS 2.33 0 . .50
Sand 1415 45 2.62 866
1- 1/2" ,c 314· 0 0 267 000
, . t tl.f 1272 40 2 5 770
318" x 118 477 15 265 289
Waler 36 0 g.~ 2999 4 Bl
Eninlpped Air I 25 ,. 034
W'r 395.f Vol • 2700
ADMIXTURES : -~· Eu<on O'l IS OP'IO"-'l ind must
Eucon WR 91 (AS TM C-494) J ........ 141 DZ. be reqy ltd .. Medod - •• Opr/onal Eucon DS fW' 2-4 hours •• ~ O<det• fc,, con<ftle , ~
Remattt: The proiect _...., should ..,,i.w 1h11 1111• to .,,...,. ..-~nee to IN - 1-itication1 I • c Uf'VW#'I f ,vt" .. ,i)
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2" I 1/2" ,. 314• 1/2' 3111• fllo 4 llo 8 No 16 No30 No 50 No IOONo 'JO 1112· 0 ,. 40
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Page 173 ends

Page 17 ends

100 95 33
10/J 100 95
100 100 loo
100 100 100
100 100 98
,
PrxtllllXf Cemrnl Tl'JIC' IW
Class F
7 3
10 Ja
100 100
,oo 100
68 75
I 0 0 0 0 0 0 0
12 I Q 0 0 0 0 0
5'(j Ill z I I 0 0 0
100 98 BO fj() 39 ,s 6 2
tu 4 1 36 l7 18 8 3 ,
es meet ASTM C-33
ax St) 280- r ◄ :29
12-63
Fabrication/ lead time
Fabri ation tak pla e oon after the approved ubmittal .

We will order mat rials , provide mill certific ti n if required Depending on the cu tomization of required work leads times vary from 2-3 days ( chain link gate to 6- week for stuff upplier don 't have in tock (cu tom wrought iron pane le and ga1es)
- We have a full s rvice welding shop v ith high quality welder ./ fabricators that ha e o ve 39 y a of experien e
- We an upply prim and painted . powder c ated, hot dipped gal anized finishe • on material
Page I
nl s th rwi e pecified e , (way u ·e pre gal aoiz d tubing and pipe fi r long lasting anti- orrosion produ t .
12-64
Scheduled project
Once we have figured 01111 the lead time on material and fabrication we will be able to provide a schedule as shown below.

Duration Plan Start Plan Flnl•h Actual Start ActuaJ Flnlsti'I .... _ ... -
..,,_ ,_ 01112312• ..,..,,.

IIM&ill(S) ~P-- ...,,,,, """"'2•
_ ,1,_,,,_
-·
w11r.z,
m&al l3) Cbi,leS!ft9~et 0!1112'2A ~19t2,

Page 19 ends

12-65
"
Installation
- We will mobilize as scheduled time.
- ( 1) hour of safety meeting is included per project if any is required - Pre--constructionjob walk will take place with the foreman, project manager, and owner on the first day of installation.
- We have skilled and trained work force that graduated from the laborers union - Apprentices from laborer unions on all 4 man crews
- We can also provide certified payroll on all our projects if required - Full PPB for all fencers and project managers when walking the site. - We can provide temp fence when required
Completion/ Final Punch list
- On the last day we will walk the job site and make sure to fix any concern the owner might have. Post-construction job walk will take place to provide full customer satisfaction.
- Photos will be taken once project is done.

Page J 10
12-66

EXHIBIT B

SCHEDULE OF BILLING RATES
Red Hawk Services , Inc. Page B-1 12_67
Exhibit B - COST FILE
Section 1: Billing Rates
Important Note: Rates are inclusive of all costs including, but not limited to labo r, travel , supplies , equipment, materials, and disposal in the performance of the prescribed tasks .

CHAIN LINK FENCE
Chain link shall be 9 gauge, 2 1/4" mesh size
ITEM Unit of Cost per Cost per Cost per Cost per
NO. DESCRIPT ION Measure Unit Unit Unit Unit
(1-10 LF) (11-S0LF) (51-100LF) (100+LFl
1 Remove and install 4' LF $ 157 . 61 $57 . 47 $40 .89 $31 . 53 high chain link fence 2 Remove and install 6' LF $15 8. 54 $61. 31 $44 . 32 $34.19 hiqh chain link fence 3 Remove and install 8' LF high chain link fence $ 191 . 87 $112 .2 1 $ 63.48 $5 9 . 84 4 Provide and install 4' LF hiqh chain link fence $15 0 .02 $57 . 00 $ 40 . 19 $31 . 19 5 Provide and install 6' LF hiqh chain link fence $15 3 . 99 $5 9. 6 6 $42.37 $3 2 .80 6 Provide and install 8' LF hiqh chain link fence $181. 67 $11 0.2 4 $ 62 . 70 $59 . 03

CHAIN LINK POSTS
Removal
ITEM Unit of Cost Cost per Cost per Cost per
NO. DESCRIPTION Measure per Unit Unit Unit Unit
(Each) '2-5 Each' :16-10 Each) (10+ Each)
Removal of line or
7 terminal posts all sizes Each $661 . 36 $176 . 94 $143 . 69 $70 . 60 and location
Line Post Install
ITEM Unit of Cost Cost per Cost per Cost per
DESCRIPTION per Unit Unit Unit Unit NO. Measure (Each) '2-5 Each' (6-10 Each) (10+ Each) 8 1 5/8" diameter x 4' high Each in concrete/pavement $717 . 41 $208.39 $189.70 $161 . 46 9 1 5/8" diameter x 4' high Each $701 . 97 $197. 95 $18 4 .59 $ 151 .61 in soil
10 1 5/8" diameter x 6' high Each in concrete/pavement $72 4 .11 $2 12 . 4 8 $19 4 . 0 3 $167 .16 11 1 5/8" diameter x 6' high Each $705 . 41 $204.64 $192.25 $ 156 .59 in soil
1 5/8" diameter x 8' high Each I 12 in concrete/pavement $735 . 56 I $223.03 $205. 4 9 $178. 85 12-68

COST FILE
Line Post Install (cont.)
ITEM Unit of Cost Cost per Cost per C ost per
NO. DESCRIPTION Measure ·per Unit Unit Unit Unit
(Each) 2-5 Each (6-10 Each) (10+ Each)
13 1 5/8" diameter x 8' high Each in soil $719 .56 $218.0 4 $203.17 $15 9. 03 14 1 7/8" diameter x 4' high Each $722.87 $213.85 $195.16 $166 . 92 in concrete/pavement
15 1 7/8" diameter x 4' high Each in soil $707.43 $203 .41 $190.05 $157 . 07 16 1 7/8" diameter x 6' high Each in concrete/oavement $729.57 $217.94 $199.49 ~172. 62 17 1 7/8" diameter x 6' high Each $710. 87 in soil $210 . 10 $197. 71 $162.05 18 1 7/8" diameter x 8' high Each in concrete/oavement $741.02 $228.49 $210.95 $184.31 19 1 7/8" diameter x 8' high Each $725. 02 $223.50 $208.63 $164 . 49 in soil 20 2 3/8" diameter x 4' high Each in concrete/pavement $730 . 42 $221.4 0 $202 . 71 $174 . 47 21 2 3/8" diameter x 4' high Each $71 4 . 98 $210.96 $197. 60 $16 4 . 62 in soil
2'2 2 3/8" diameter x 6' high Each in concrete/Davement $737.12 $225.49 $207.04 $180.17 23 2 3/8" diameter x 6' high Each $718 . 42 $21 7 .65 $205.26 $169 . 60 in soil
24 2 3/8" diameter x 8' high Each in concrete/oavement $748.57 $236.04 $218.50 $ 191 .86 25 2 3/8" diameter x 8' high Each in soil
$732 . 57 $231.05 $ 216.18 $172.17
26 2 7/8" diameter x 4' high Each $744 . 57 in concrete/oavement $235.55 $216. 86 $188.62 27 2 7/8" diameter x 4' high Each in soil $729.13 $225 .11 $211.75 $178 .77 28 2 7/8" diameter x 6' high Each $751.27 $239.64 $221. . 19 $194.32 In concrete/oavement I 29 2 7/8" diameter x 6' high Each in soil $732.57 $231 . 80 $219 . 41 $183.75 30 2 7/8" diameter x 8' high Each $732.57 $231.80 $219 . 41 $183 . 75 in concrete/oavement
31 2 7/8" diameter x 8' high Each in soil $746.72 $245.20 $231.01 $1.86 . 32 Terminal Post Install
ITEM Unit of Cost Cost per Cost per Cost per
DESCRIPTION per Unit Unit Unit Unit
NO. Measure (Each) (2 Each ) (34 Each\ 14+ Eachl
32 2 3/8" diameter x 4' high Each in concrete/oavement $733.25 $392 . 18 s 217.i8 $250.85 12-69

COST FILE
Terminal Post Install
ITEM Unit of Cost Cost per Cost per Cost per
NO. DESCRIPTION Measure per Unit Unit Unit Unit
(Each) (2 Each) (3-4 Each) (4+ Each)
33 2 3/8" diameter x 4' high Each $713.25 $376 . 18 $264. 52 $241 , 52 in soil 34 2 3/8" diameter x 6 high Each in concrete/pavement $7 48 .36 $4 07.29 $292. 18 $265.96 35 2 3/8" diameter x 6' high Each $728 . 36 $391.29 $279.63 $256.63 in soil 36 2 3/8" diameter x 8' high Each in concrete/pavement $758.15 $4 17.08 $3 01 . 97 $275 .7 5 37 2 3/8" diameter x 8' high Each $738 . 15 $401 ,0 8 $289 . 42 $266.42 in soil 38 2 7/8" diameter x 4' high Each in concrete/pavement $74 4 , 77 $403.70 $288 .70 $262 .37 39 2 7/8" diameter x 4' high Each $724 . 77 $387 . 70 $276. 04 $2 53 .04 in soil
40 2 7/8" diameter x 6 high Each $759 .88 $418 . 81 $303.70 $277. 48 in concrete/pavement 41 2 7/8" diameter x 6' high Each In soil
$739 . 88 $4 02.8 1 $29 1.15 $268.15
42 2 7/8" diameter x 8' high Each $769.67 $428 .60 $313. 49 $287 .27 In concrete/pavement 43 2 7/8" diameter x 8' high Each $7 49 . 67 $412 .60 $300.9 4 $277 . 94 in soil
Minimum specifications unless otherwise noted on approved permit/plans when applicable :
• Concrete for fence posts shall have a minimum compression strength of 4,000 psi. • Fence post footings to be a minimum of 3 times the post diameter. • Fence post footings to be a minimum of 24" deep for 4 1 and 6' high posts and 36" deep for
8' high posts.
-
12-70

COST FILE

MISCELLANEOUS TASKS
ITEM Unit of Cost per Cost per Cost per Cost per
DESCRIPTION Unit Unit Unit Unit NO. Measure C1-10LF) 11-S0LF (51-100LF) (100+LF) 44 Re-stretch chain link LF $131 . 43 $23 . 00 $15 .94 $13.04 fabric
45 Remove and replace top LF $155 .6 6 $24. 90 $1 7 . 95 $10,2 1 rail
46 Remove and replace LF bottom tension wire $131.3 7 $19 . 03 $10.80 $7.9 6 47 Privacy Fencing - Slats LF $141.01 $28 . 88 $24.S3 $2 2.22 48 Privacy Fencing - Vinyl LF Sheeting
$295 . 64 $49.60 $2 5. 70 $17.49
49 Re-Stretch 3/8" Tension LF $8.86 cable $131 . 62 $19.68 $14 . 79 50 Remove and install 3/8" LF Tension cable $ 137 . 12 $2S . 20 $20.31 $14 . 38 51 Re-Stretch 3/16'' LF $131 . 62 $19.68 $14 . 79 $8.86 Tension cable 52 Remove and install 3/16 LF Tension cable $134 . 87 $22.70 $18.06 $12.13 Remove and Install Gate
53 Chain link fabric shall be LF 9 gauge - 2 1/4" mesh
$330.01 $47 . 14 $22.00 $16 . 50
size
54 Rental Chain Link 6 foot LF $239.13 $39 . 98 $28.4 9 $17.83 high
55 Privacy Fencing - Fabric LF $69 . 68 $31.37 $18 . 33 $14 . 76 12-71

COST FILE
After Hours means Monday• Friday 5:00 pm • 7:00 am, Weekends and Holidays. • A1/ rates subject to comply with Prevailing Wage requirements and subject to Department off ndustrial Relations (DIR) payroll submission.
• Rates are Inclusive of materials. Any reimbursements for unanticipated and pre-approved costs will require a receipt with a maximum 15% markup allowable.

Section 2: HOURLY LABOR RA1E8
Minimum Call Out: 4 Minimum Hours
Rate Type Hourly Labo r Rate
Welding - Regular Rate 150.00
Welding • Overtime Rate (Monday - Friday 5:00
pm · 7:00 am, Weekends and Holidays ) 180.00
Forema n - Regular Rate 147 . 7 9
Foreman - Overtime Rate (Monday - Friday
5:100 pm • 7:00 am, Weekends and Holida ys) 17 8.2 8
Journeyman - Regular Rate 1 39 . 93
Journeyman - Overtime Rate (Monday - Friday
5:00 pm · 7:00 am. Weekends and Holidays) 168.2 8
Laborer - Regular Rate
139.9 3
Laborer - Overtime Rate (Monday • Friday 5:00
pm • 7:00 am, Weekends and Holid ays) 168 .2 8
Parts and Materials Markup % (Maximum 15%) Total % Markup: 10 % CPI ADJUSTMENT: Billing rates may be given up to a 2% annual CPI increase upon the first anniversary of the contract and each anniversary thereafter as stated in the body of the Agreement.
12-72
December 11, 2024
City of Newport Beach
100 Civic Dr.

Newport Beach, CA 92660
RE: Bid RFP 24-82
To Whom It May Concert:

I lowered the cost under "ot her cost s on the COST FILE'' document t o a $647 .00 Mobilizatio n charge each day.

Tha?A
Scott Moore
President
12-73

EXHIBIT C

INSURANCE REQUIREMENTS- MAINTENANCE/REPAIR/JANITORIAL SERVICES

1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain. provide and maintain at fts own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor ag ees to amend, supplement or endorse the existing coverage.

2. Acceptable Insurers. All ihsurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' ' Rating of A- (or higher) and Financial Size Category Class VII (or larger} in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.

3. Coverage Requirements.

A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code.

B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01 , in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).

C. Automobile liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor Red Hawk Services, Inc. Page C-1 12-74
ansmg out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non~owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident.

4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions:

5. A.

Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Contractor or others providing Insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors.

Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City.

Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage.

Additional Agreements Between the Parties. The parties hereby agree to the following:

A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or Red Hawk Services, Inc. 12-75
reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of Insurance required by giving Contractor sixty
1 (60) calendar days advance
written notice of such char,ge. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation.

C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor sh~II require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 0413.

D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non.,compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder.

E. Requirements not Limiting. Requirements of specific coverage features or 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. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

F, Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self insurance will not be considered to comply with these requirements unless approved by City.

Red Hawk Services, Inc. Page C-3 12-76
G. City Remedies for Non-Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand.

I. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

Red Hawk Services, Inc. Page C-4 12-77

EXHIBIT D

CITY OF NEWPORT BEACH
BONO NO. __ _

LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to RED HAWK SERVICES, INC., hereinafter designated as the "Principal," an agreement for maintenance and/or repair services consisting of on-call fencing maintenance, repair, replacement and installation services, in the City of Newport Beach, in strict confonnity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference.

WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind. the Surety on this bond will pay the same to the extent hereinafter set forth.

NOW, THEREFORE, We the undersigned Principal, and, ______ _ duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as «surety") are held and firmly bound unto the City of Newport Beach, in the sum of _____ _ ________ Dollars ( ),
lawful money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the Agreement; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors. or assigns, jointly and severally, firmly by these present.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California.

The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Red Hawk Services, Inc. Page D-1 12-78
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California .
.. And Surety, for value received, hereby stipulates and agrees that no change , extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change , extension of time, alterations or additions to the terms of the Agreement or to the Work or to the specifications. . ' In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principa l shall not exonerate the Surety from its obligations under this Bond.

IN WITNESS WHEREOF, this instrument has been duly executed by the above named Prlncipal and Surety, on the ____ day of _______ , 20_.

Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:

CITY A TTORNEY
1 S OFFICE
Date: --------
By: ____________ _
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title

NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE

ATTACHED
Red Hawk Services, Inc. Page D-2 12-79

On ___________ , 20 __ before me,------------~
Notary Public, personally appeared _ _____ _____________ _, who proved to me on the basis of satisfactory evidence to be the person(s) Whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

ACKNOWL EDGMENT
A notary public or other officer completlng this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity oflhat document.

State of California
County of _________ _, ss.
(seal)
On ___________ , 20 __ before me,-------- ----~
Notary Public, personally appeared ____________________ , proved to me on the basis of satisfactory evidence to be the person( s) Whose name( s) is/are subscribed to the within instrument and acknow edged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal,
Signature (seal)
Red Hawk Services, Inc. Page D-3 12-80

EXHIBIT E

CITY OF NEWPORT BEACH
BOND NO. __ _

FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ _ _________ , being at the rate of$ thousand of the Agreement price.

WHEREAS, the City of Newport Beach, State of California, has awarded to RED HAWK SERVICES, INC., hereinafter designated as the "Principal," an agreement for maintenance and/or repair services consisting of on-call fencing maintenance, repair, replacement and installation services in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference.

WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a Bond for the faithful performance of the Agreement.

NOW, THEREFORE, we, the Principal, and ___________ _
_______________________ , duly authc;>rized to
transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of lawful
money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present.

As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond.

Red Hawk Services, Inc. Page E-1
12-81
I
Surety, for value received, stipulates and agrees that no change, extens·on of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Agreement or to the Work or to the specifications.

This Faithful Performance Bond shall be extended and rnaintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City.

In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the __ day of _____ _ _. 20_.

Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:

CITY A TTORNEV'S OFFICE
Date: - -------
By:. _____________ _
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title

NOTARY ACKNOWLEDGMENTS OF

CONTRACTOR AND SURETY MUST BE ATTACHED
Red Hawk Services, Inc. Page E-2
12-82

ACKNOW LEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of ______ ___ _, ss.

On ___ _______ _. 20 __ before me, ____________ _
Notary Public, personally appeared _ ____ ___ ______ ______ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me.that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the-person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

State of California
County of ________ ___, ss.
(seal)
On ______ ____ __, 20 __ b'efore me, ____________ _,
Notary Public, personally appeared ________ ___________ _, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.

Signature (seal)
Red Hawk Services, Inc. Page E-3 12-83
= CITY OF============

NEWPORT BEACH
City Council Staff Report
January 14, 2025
Agenda Item No. 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - (949) 644-3282, [email protected]
Tonee Thai, Deputy Community Development Director/ Chief PREPARED BY: Building Official - 949-718-1867, tthai@newportbeachca .gov Amendment No. Two to Professional Services Agreement for The TITLE: Code Group dba VGA Code for Building Safety Related Services ABSTRACT:

On June 28, 2022, the City of Newport Beach entered into a Professional Services Agreement with The Code Group, doing business as VGA Code, to provide building safety consulting services for the Community Development Department's Building Division. Due to ongoing workload demands and staffing vacancies, these consulting services continue to be necessary. Amendment No. Two to the agreement, which proposes an additional $250,000, is now presented for the City Council's consideration. The contract amendment will be funded through salary savings.

DISCUSSION:

The Community Development Department engages consulting firms to provide plan check services in addition to on-call staff augmentation for inspection and permit technician services. Plan reviews are categorized into three key areas: mechanical electrical-plumbing, structural, and building/fire-life safety. These consulting firms play an important role in supporting the department's ability to deliver high-quality customer service and meet timely turnaround expectations.

Additionally, staff augmentation helps address staffing needs for building inspections and front counter permit technician positions, ensuring consistent service delivery. 13-1
Amendment No. Two to Professional Services Agreement for The Code Group dba VCA Code for Building Related Services January 14, 2025

Page 2 ends

Newport Beach City CouncilJanuary 14, 2025

Newport Beach City Council
January 14, 2025