San Clemente City Council
June 7, 2022

Agenda
JUNE 7, 2022 SPECIAL CITY COUNCIL MEETING AGENDA.PDF
Meeting Materials
4A(1) - MINUTES ADJOURNED REGULAR MEETING 5-25-22.PDF
4B(1) - ZONING ADMINISTRATOR MEETING MINUTES 5-5-22.PDF 4B(2) - PUBLIC SAFTEY MEETING MINUTES 2-22-22.PDF
4B(3) - PUBLIC SAFETY MEETING MINUTES 3-22-22.PDF
4C(1) - CERTFICATION OF WARRANTS 5-20-22.PDF
4C(2) - CERTIFICATION OF WARRANTS 5-27-22.PDF
4C(3) - CERTIFICATION OF WARRANTS 6-3-22.PDF
4D - NOTICE OF COMPLETION FOR WATER RECLAMATION PLANT FERRIC TANK REPLACEMENT CIP PROJECT 12208.PDF
4E - CONTRACT AWARD LANDSCAPE MAINTENANCE OF CITY PARKS AND FACILITIES EAST OF I5 WITH COLTS LANDSCAP.PDF
4F - CONTRACT AWARD FOR MAINTENANCE SERVICES FOR GRAFFITTI ADMINISTRATION AND REMOVAL WITH ED STEWART.PDF
4G - CONTRACT AWARD FOR MAINTENANCE OF CITY TRAILS WITH REAL ESTATE CONSULTING AND SERVICES INC.PDF
4H - CONTRACT AWARD FOR MAINTENANCE SERVICES FOR CITYWIDE JANITORIAL SERVICES WITH OMNI ENTERPRISES I.PDF
4I - CONTRACT AWARD MAINTENANCE BEACHES PIER AND ACCESSES WITH COLT LANDSCAPE INC.PDF
4J - CONTRACT AWARD FOR MAINTENANCE SERVICES FOR CITYWIDE STREETSCAPE WITH COLT LANDSCAPE INC.PDF
4K - CONTRACT AWARD FOR CONSTRUCTION CONTRACT FOR PAVEMENT REHABILITATION RESERVOIRS 4, 5, 5A PROJECT .PDF
4L - APPROVAL OF SPEED CUSHIONS ON THE 100 BLOCK OF AVENIDA BARCELONA.PDF
4M - RENEWED MEASURE M2 ANNUAL FUNDING ELIGIBILITY FISCAL YEAR 2022-23.PDF
4N - 2022-2023 STREET REHABILITATION PROJECTS PURSUANT TO SENATE BILL 1(SB1).PDF
4O - PARTNERSHIP AGREEMENT FIRST EXTENSION - OCEAN FESTIVAL.PDF 4P - ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL FY YEAR 2022-

23.PDF
4Q - ESCHEATMENT AND USE OF UNCLAIMED BEACH PARKING IMPACE FEE BPIF REFUNDS.PDF
4R - FY 2022-23 POLICE SERVICE CONTRACT.PDF
4S - EXTENSION OF CONTRACT WITH WITTMAN ENTERPRISES TO
PERFORM COMPREHENSIVE AMBULANCE BILLING AND CO.PDF
4T - EXTENSION OF CONTRACT CARE AMBULANCE FOR EMERCGENCY MEDICAL TRANSPORT.PDF
4U - ONETIME WAIVER POLICY AT TSTREET FOR SPECIAL EVENT PERMIT RED BULL FOAM WRECKERS TOUR.PDF
4V - CONTRACT AWARDENVIRONMENTAL CONSULTING SERVICES FOR PARK MASTER PLAN UPDATE.PDF
8A - UPDATE TO WATER CONSERVATION ORDINANCE AND DECLARATION OF A LEVEL 2 WATER ALERT.PDF
9A - ADOPTION OF FISCAL YEAR BUDGET 2022-23 BUDGET.PDF
10A - ADOPTION OF FISCAL YEAR 2022-23 SALARY SCHEDULE.PDF 10B - CODE AMENDMENT - BICYCLE REPAIRS IN PUBLIC.PDF
10C - CONTINUATION OF PICKLEBALL AT SAN GORGONIO PARK.PDF 10D - STAFF AUTHORITY TO SEIZE FLAMMABLE ITEMS FROM OPEN SPACE

1. Documents:

2. Documents:

PARK MASTER PLAN UPDATE.PDF
8A - UPDATE TO WATER CONSERVATION ORDINANCE AND DECLARATION OF A LEVEL 2 WATER ALERT.PDF
9A - ADOPTION OF FISCAL YEAR BUDGET 2022-23 BUDGET.PDF
10A - ADOPTION OF FISCAL YEAR 2022-23 SALARY SCHEDULE.PDF 10B - CODE AMENDMENT - BICYCLE REPAIRS IN PUBLIC.PDF
10C - CONTINUATION OF PICKLEBALL AT SAN GORGONIO PARK.PDF 10D - STAFF AUTHORITY TO SEIZE FLAMMABLE ITEMS FROM OPEN SPACE AREAS.PDF
10E - REVISED CALLING OF GENERAL MUNICIPAL ELECTION OF NOV 8, 2022.PDF
10F - URGENCY ORD ENACTING LOCAL CAMPAIGN CONTRIBUTION LIMITS AND POLICY REGARDING CONTRACTOR DISCLOS.PDF

CITY OF SAN CLEMENTE

SPECIAL CITY COUNCIL

MEETING AGENDA
San Clemente Community Center Auditorium June 7, 2022
100 N. Calle Seville 5:00 p.m. – Business Meeting I
San Clemente, California 6:00 p.m. – Closed Session
www.san-clemente.org 6:30 p.m. – Business Meeting II
Special Meeting

Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

RULES FOR ADDRESSING COUNCIL
 Members of the public may address the City Council on matters within the jurisdiction of the City of San Clemente.
 If you wish to address Council, please complete one of the blue speaker cards located at the entrance to the Community Center Auditorium and turn it in to the City Clerk or Deputy City Clerk.  Persons wishing to address Council concerning an agendized item will be invited to address Council during the time that Council is considering that particular agenda item. Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the “Oral Communications” portion of the meeting.  When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Please limit your presentation to three minutes.

Special City Council Meeting Agenda of June 7, 2022 Page 2 BUSINESS MEETING PART 1 (5:00 P.M.)

CALL TO ORDER
INVOCATION – Pastor Seth Ebel, Shoreline Community Church.

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Motion waiving reading in full of all Resolutions and Ordinances.

2. Consideration of agendizing items requiring immediate action. Any items agendized will be considered under New Business, unless otherwise determined by a majority vote of the City Council.

3. Oral Communications (30 Minutes). Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. Speakers may address Council once during Oral Communications, with each speaker being allotted 3 minutes in which to give his or her presentation. Speaker order is determined by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk at the meeting.

When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Subject to very limited exceptions, Council is not permitted to discuss or take action on items that do not appear on the agenda.

MISSION STATEMENT
The City of San Clemente, in partnership with the community we serve, will foster a tradition dedicated to:

Maintaining a safe, healthy atmosphere in which to live, work and play; Guiding development to ensure responsible growth while preserving and enhancing our village character, unique environment and natural amenities; Providing for the City’s long-term stability through promotion of economic vitality and diversity…
Resulting in a balanced community committed to protecting what is valued today while meeting tomorrow’s needs.

Special City Council Meeting Agenda of June 7, 2022 Page 3

4. Consent Calendar. All items listed on the Consent Calendar are considered to be routine and will be enacted by one motion without discussion unless Council, Staff, or the public requests removal of an item for separate discussion and action.

A. City Council Minutes
Staff Recommendation
(1) Approve the minutes of the Adjourned Regular City Council Meeting of May 25, 2022.

B. Commission/Committee Minutes
Staff Recommendation
Receive and file the following:
(1) Zoning Administrator Regular Meeting minutes of May 5, 2022. (2) Public Safety Committee Regular Meeting minutes of February 22, 2022.
(3) Public Safety Committee Regular Meeting minutes of March 22, 2022.

C. Warrant Register
Approve Wire Transfer Nos.
2650 through 2653 and Warrant Nos.
580895 through 581002, paid on
5-20-22, in the amount of…….……….……..…..…….…..…….$1,900,848.13 Approve Wire Transfer Nos.
2654 through 2655 and Warrant Nos.
581003 through 581181, paid on
5-27-22, in the amount of…….……….……..…..…….…..……..$1,009,813.65 Approve Wire Transfer Nos.
2656 through 2661 and Warrant Nos.
581182 through 581269, paid on
6-3-22, in the amount of…….……….……..…..…….…..……..$4,524,231.20 TOTAL WARRANT REGISTER……..…….…..$7,434,892.98
Special City Council Meeting Agenda of June 7, 2022 Page 4 Payroll Register
Warrant Nos. 864 through 865 and
Automatic Deposit Advises 78365
through 78635, for the period
5-2-22 through 5-15-22, paid
on 5-20-22, in the amount of………..……..…..………….………$422 ,608.66 Warrant Nos. 866 through 867 and
Automatic Deposit Advises 78636
through 78917, for the period
5-16-22 through 5-29-22, paid
on 6-3-22, in the amount of………..……..…..………….………$420,802.79 TOTAL PAYROLL REGISTER…………………..$843,411.45
D. Notice of Completion – Water Reclamation Plant Ferric Tank Replacement Pages 4D-1 through 4D-10
Staff Recommendation

1. Accept the Water Reclamation Plant Ferric Tank Replacement, from the contractor, Kay Construction Company, Inc., Project No. 12208.

2. Authorize the Public Works Director/City Engineer to execute and record, the Notice of Completion for Water Reclamation Plant Ferric Tank Replacement.

3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the Contractor, Kay Construction Company, Inc.

E. Contract Award – Landscape Maintenance of City Parks and Facilities East of Interstate 5 Pages 4E-1 through 4E-22
Staff Recommendation
Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-28, by and between the City of San Clemente and Colts Landscape, Inc., providing for landscape maintenance of City Parks and Facilities east of Interstate 5, in an amount not to exceed $2,471,032, for a 3-year term.

Special City Council Meeting Agenda of June 7, 2022 Page 5 F. Contract Award – Maintenance Services for Graffiti Administration and Removal Pages 4F-1 through 4F-22
Staff Recommendation
Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-29, by and between the City of San Clemente and Ed Stewart and Associates, Inc., providing for graffiti administration and removal, in an amount not to exceed $285,600, for a 3-year term.

G. Contract Award – Maintenance Services for City Trails Pages 4G-1 through 4G-22
Staff Recommendation
Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-30, by and between the City of San Clemente and Real Estate Consulting and Services, Inc., providing for Maintenance Services for City Trails, in an amount not to exceed $507,000, for a 3-year term.

H. Contract Award – Maintenance Services for City-Wide Janitorial Services Pages 4H-1 through 4H-22
Staff Recommendation
Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-31, by and between the City of San Clemente and Omni Enterprise, providing for City-Wide Janitorial Service, in an amount not to exceed $1,388,400, for a 3-year term.

I. Contract Award – Maintenance Services for Beach, Pier and Accesses Pages 4I-1 through 4I-22
Staff Recommendation
Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-32, by and between the City of San Clemente and Colts Landscape, providing for Maintenance Services for Beach, Pier and Accesses, in an amount not to exceed $814,894.20, for a 3-year term.

J. Contract Award – Maintenance Services for City-Wide Streetscape Maintenance Pages 4J-1 through 4J-22
Staff Recommendation
Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-33, by and between the City of San Clemente and Colts Landscape, Inc., providing for Maintenance of 60 City-owned Streetscapes, in an amount not to exceed $1,053,559.56, for a 3-year term.

Special City Council Meeting Agenda of June 7, 2022 Page 6 K. Contract Award – Pavement Rehabilitation at Reservoirs 4, 5 and 5A Pages 4K-1 through 4K-8
Staff Recommendation

1. Approve the plans and specifications for Rehabilitation for Reservoirs 4, 5 and 5A, Project No. 21403

2. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-34, by and between the City of San Clemente and L.C. Paving & Sealing, Inc., providing for Pavement Rehabilitation at Reservoirs 4, 5 and 5A, in the amount of $259,172.

L. Speed Cushions - 100 block of Avenida Barcelona Pages 4L-1 through 4L-28
Planning Commission and Staff Recommendation
Approve the use of speed cushion traffic calming treatments on the 100 block of Avenida Barcelona and authorize the use of funding from the Traffic Calming Project, Capital Improvement Project No. 39087 to complete the installations.

M. Renewed Measure M2 Annual Funding Eligibility – Fiscal Year 2022- 2023 Pages 4M-1 through 4M-17
Staff Recommendation

1. Approve the 2022 Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2022-2023 through 2028-2029.

2. Authorize the Public Works Director/City Engineer to submit Measure M2 funding eligibility requirements on behalf of the City of San Clemente to the Orange County Transportation Authority.

N. Designation of Fiscal Year 2022-2023 Street Rehabilitation Projects Pursuant to Senate Bill 1 (SB1) the Road Repair and Accountability Act of 2017 Pages 4N-1 through 4N-6
Staff Recommendation
Adopt Resolution No. 22-24 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE ADOPTING A LIST OF
PROJECTS FOR FISCAL YEAR 2022-2023 FUNDED BY SENATE BILL 1 (SB1): THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.

Special City Council Meeting Agenda of June 7, 2022 Page 7 O. First Extension to Partnership Agreement - Ocean Festival Pages 4O-1 through 4O-18
Staff Recommendation
Approve, and authorize the Mayor to execute, Extension No. 1 to Contract No. C17-23, a partnership agreement by and between the City of San Clemente and the San Clemente Ocean Festival, providing for the annual Ocean Festival event. The first extension extends the original agreement and any subsequent amendments until June 6, 2027.

P. Establish Appropriations Limit for Fiscal Year 2022-23 Pages 4P-1 through 4P-5
Staff Recommendation
Adopt Resolution No. 22-25 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

ESTABLISHING AN APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIIB OF THE CALIFORNIA CONSTITUTION.

Q. Escheatment and Use of Unclaimed Beach Parking Impact Fee (BPIF) Refunds Pages 4Q-1 through 4Q-8
Staff Recommendation

1. Adopt Resolution No. 22-26 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

DIRECTING THE TRANSFER OF FUNDS FROM THE BEACH
PARKING IMPACT FEE FUND TO THE GENERAL FUND.

2. Approve a supplemental appropriation in the amount of $1.0 million to a Section 115 Trust (Account No. 001-203-48630).

3. Authorize a transfer of $600,000 from the General Fund (Account No. 001-203-47231) to the Parks Acquisition and Development Fund (Account No. 031-000-39204).

R. FY 2022-23 Police Services Contract Pages 4R-1 through 4R-52 Staff Recommendation
Approve, and authorize the Mayor to execute, Contract No. C22-35, by and between the City of San Clemente and the County of Orange, providing for Police Services for Fiscal Year 2022-23, in the amount of $18,687,481.

Special City Council Meeting Agenda of June 7, 2022 Page 8 S. Contract Extension - Comprehensive Ambulance Billing and Collection Services Pages 4S-1 through 4S-4
Staff Recommendation

1. Approve, and authorize the City Manager to execute, Amendment No. 4 to Contract No. C96-75, by and between the City of San Clemente and Wittman Enterprises, LLC., providing for ambulance billing and collection services for fiscal years 2022-23 through 2024-

25. 2. Authorize the City Manager to execute future extensions for a period not more than two years.

T. Contract Extension - Emergency Medical Transport Services Pages 4T-1 through 4T-4
Staff Recommendation
Approve, and authorize the City Manager to execute, Amendment No. 2 to Contract No. C17-36, by and between the City of San Clemente and Care Ambulance, providing for Emergency Medical Transport Services. This amendment extends the contract for a five-year term, from July 1, 2022 through June 30, 2027.

U. One-Time Waiver of Blackball Policy at T-street for Special Event Permit Pages 4U-1 through 4U-2
Staff Recommendation
Approve a one-time waiver of the blackball policy at T-Street on Saturday, August 13, 2022, to allow for the Red Bull Foam Wreckers 2022 Tour Surf Contest.

V. Contract Award – Environmental Consulting Services for Park Master Plan Update Pages 4V-1 through 4V-27
Staff Recommendation
Approve, and authorize the City Manager to execute, Contract No. C22-36, by and between the City of San Clemente and UltraSystems Environmental, Inc, providing for professional consultant services in connection with the park master plan update for Richard T. Steed Memorial Park, in the amount of $51,570.

Special City Council Meeting Agenda of June 7, 2022 Page 9

5. Reports. (If the Reports section is not completed by 6:00 p.m., it will be continued at the end of Business Meeting Part 2.)
A. Commissions and Committees
B. City Manager
C. City Attorney
D. Council Members
E. Council Subcommittee Updates
CLOSED SESSION (6:00 P.M.)
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 1030 Calle Negocio, San Clemente; Assessor’s Parcel Number 688- 142-35
Agency Negotiators: City Manager
Negotiating Parties: City of San Clemente and Family Assistance Ministries Under Negotiation: Price and terms for potential lease extension Property: 2.2 acre section of an 80 acre parcel on the southwest corner of Avenida La Pata and Vista Hermosa, Assessor’s Parcel Number 678-163-01 Agency Negotiators: City Manager
Negotiating Parties: City of San Clemente, Storageworks and/or their authorized agent(s)
Under Negotiation: Price and terms of payment re: Unsolicited Offer BUSINESS MEETING PART 2 (6:30 P.M. Special Meeting)

6. Closed Session Report - City Attorney.

7. Special Presentations.

A. Update on Homeless Issue (May update to be provided at the June 21 meeting)
B. Presentation of the Human Relations Leadership Award Presentation of the Human Relations Leadership Award to Logan Ruby, San Clemente High School Student for his service and dedication to the community.

Special City Council Meeting Agenda of June 7, 2022 Page 10

8. Public Hearings. The Public Hearing process includes a staff presentation, a presentation by the applicant not to exceed ten (10) minutes, and public testimony (not to exceed three minutes per speaker). Following closure of the Public Hearing, the City Council will respond to questions raised during the hearing, discuss the issues, and act upon the matter by motion.
7:30 p.m.

A. Code Amendment (Chapter 13.12 Section 13.12.010-13.12.110 ) – Water Conservation and Declaration of a Water Shortage Level 2 Water Alert Pages 8A-1 through 8A-61
Public Hearing to consider an ordinance establishing water management requirements necessary to conserve water, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, prevent unreasonable use of water, prevent unreasonable methods of use of water within the City of San Clemente in order to assure adequate supplies of water to meet the needs of the public, and further the public health, safety, and welfare, recognizing that water is a scarce natural resource that requires careful management not only in times of drought, but at all times. Due to continued drought conditions within the State of California and in response to State Mandates, and declaration of a Water Shortage Level 2 Water Alert.

Staff Recommendation

1. Introduce Ordinance No. 1731 entitled AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE AMENDING
CHAPTER 13.12 SECTION 13.12.010-13.12.110 OF THE
MUNICIPAL CODE (“WATER CONSERVATION ORDINANCE”).

2. Adopt Resolution No. 22-27 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
DECLARING A WATER SHORTAGE LEVEL 2 WATER ALERT.

3. Direct Staff to implement the following Level 2 Shortage Response Actions from its 2020 Water Shortage Contingency Plan: Expand Public Information Campaign; Implement Demand Management Rates for 11-20% Reduction, Landscape – Limit landscape irrigation to specific days; and Increase Water Waste Patrols.

Special City Council Meeting Agenda of June 7, 2022 Page 11

9. Unfinished Business.

A. Adoption of Fiscal Year 2022-23 City Budget Pages 9A-1 through 9A-5 Report from the City Manager concerning adoption of the Fiscal Year 2022- 23 Budget.

Staff Recommendation
Adopt Resolution No. 22-28 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING

AND APPROVING THE BUDGET AT THE FUND LEVEL FOR THE CITY OF SAN CLEMENTE FOR THE 2022-23 FISCAL YEAR AND THE
COMMITMENT OF FUND BALANCE.

10. New Business.

A. Adoption of Fiscal Year 2022-23 Salary Schedules Pages 10A-1 through 10A-15
Report from the Human Resources Manager concerning adoption of the Fiscal Year 2022-23 Salary Schedules.

Staff Recommendation
Adopt Resolution No. 22-29 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING

REVISED SALARY SCHEDULES AND NEW CLASSIFICATIONS AND
AMENDING RESOLUTIONS NO. 21-44 AND ANY OTHER
RESOLUTIONS IN CONFLICT THEREWITH.

B. Code Amendment – Bicycle Repairs in Public Pages 10B-1 through 10B13 Report from the Community Development Director concerning a potential amendment to the municipal code to regulate bicycle repairs in public.

Staff Recommendation
Introduce Ordinance No. 1732 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADDING CHAPTER 10.54 TO TITLE 10 (VEHICLES AND TRAFFIC) OF THE SAN

CLEMENTE MUNICIPAL CODE RELATING TO THE PROHIBITION ON

REPAIRS, SALES, AND STORAGE OF BICYCLES AND BICYCLE PARTS

ON PUBLIC PROPERTY AND FINDING THE ORDINANCE NOT
SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

Special City Council Meeting Agenda of June 7, 2022 Page 12 C. Continuation of Pickleball at San Gorgonio Park (Agendized at the May 3, 2022 City Council Meeting by Councilmember Ferguson, with the support of Councilmember Knoblock and Mayor James) Pages 10C-1 through 10C6 Report from the Beaches, Park and Recreation Director concerning continuation of Pickleball at San Gorgonio Park.

Staff Recommendation
Receive and file Administrative Report dates June 7, 2022, and on file with the City Clerk.

D. Staff Authority to Seize Flammable Items from Open Space Areas (Agendized at the May 25, 2022 by Mayor James, with the support of Mayor Pro Tem Duncan and Councilmember Knoblock). 10D-1
Report from the Community Development Director concerning staff authority to seize flammable items from open space areas.

Staff Recommendation
Receive and file Administrative Report dates June 7, 2022, and on file with the City Clerk.

E. Revised calling of General Municipal Election of November 8, 2022 to Include Ballot Measures Relating to Making the City Treasurer and City Clerk Appointive(Agendized at the May 25, 2022 City Council Meeting by Councilmember Knoblock, with the support of Mayor James and Councilmember Ferguson). Pages 10E-1 through 10E-42
Report from the City Clerk concerning the revised Calling of the General Municipal Election on November 8, 2022.

City Clerk Recommendation:

1. Resolution Calling the Election (Attachment 1)
Adopt Resolution No. 22-18 entitled A REVISED RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL

MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER
8, 2022 FOR THE ELECTION OF CERTAIN OFFICERS AS

REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE

OF CALIFORNIA RELATING TO GENERAL LAW CITIES, AND

FOR THE SUBMISSION TO THE VOTERS OF MEASURES
RELATING TO 1) TRANSITIONING THE CITY TREASURER TO
AN APPOINTIVE POSITION, AND 2) TRANSITIONING THE CITY
City Clerk recommendation continued on following page
Special City Council Meeting Agenda of June 7, 2022 Page 13

CLERK TO AN APPOINTIVE POSITION, AND REPEALING
RESOLUTION NO. 22-13.

2. Resolution Requesting Election Consolidation (Attachment 2) Adopt Resolution No. 22-19 entitled A REVISED RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF

THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022,

WITH THE GENERAL ELECTION TO BE HELD ON THAT DATE
PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE,
AND REPEALING RESOLUTION NO. 22-14.

3. Measure to Transition the City Treasurer to an Appointive Position Determine if Council wishes to appoint a Council Subcommittee (consisting of one or two of its members) to submit an argument, on behalf of the City Council, concerning the measure questioning whether the office of City Treasurer shall be appointive and direct that this information be incorporated into Resolution No. 22-20 (below). By taking this action, the California Elections Code guarantees that Council’s argument will be selected for printing in the Voter Information Guide in the event more than one argument in favor of the measure is submitted to the City Clerk. Then adopt Resolution 3(a) if Council wishes to direct the City Attorney to prepare an Impartial Analysis to be printed in the Voter Information Guide, or Resolution 3(b) if an Impartial Analysis is not desired:
(a) Resolution Setting Argument Priorities and Authorizing an Impartial Analysis (Transitioning City Treasurer to Appointive Position) (Attachment 3)
Resolution No. 22-20 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, SETTING DEADLINES AND PRIORITIES

FOR FILING WRITTEN ARGUMENTS REGARDING A CITY

MEASURE TRANSITIONING THE CITY TREASURER TO

AN APPOINTIVE POSITION, TO BE SUBMITTED TO CITY

VOTERS AT A GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 8, 2022 AND DIRECTING THE CITY
ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.

OR
(b) Resolution Setting Argument Priorities but NOT Authorizing an Impartial Analysis (Transitioning City Treasurer to
Appointive Position) (Attachment 4)
Resolution No. 22-20 entitled A RESOLUTION OF THE CITY
City Clerk recommendation continued on following page
Special City Council Meeting Agenda of June 7, 2022 Page 14

COUNCIL OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, SETTING DEADLINES AND PRIORITIES

FOR FILING WRITTEN ARGUMENTS REGARDING A CITY

MEASURE TRANSITIONING THE CITY TREASURER TO

AN APPOINTIVE POSITION, TO BE SUBMITTED TO CITY

VOTERS AT A GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 8, 2022.
(c) Optional Resolution Allowing Rebuttals (Transitioning City Treasurer to Appointive Position) (Attachment 5)
If desired, adopt Resolution No. 22-21 entitled A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, PROVIDING FOR THE

FILING OF REBUTTAL ARGUMENTS FOR OR AGAINST A

CITY MEASURE TRANSITIONING THE CITY TREASURER

TO AN APPOINTIVE POSITION TO BE SUBMITTED TO

CITY VOTERS AT A GENERAL MUNICIPAL ELECTION TO
BE HELD ON NOVEMBER 8, 2022.

If the above Resolution is adopted, the California Elections Code authorizes the person, or majority of the persons, who signed the direct argument to also sign and submit a rebuttal argument. The rebuttal argument would be signed in the same fashion as the direct argument (i.e., including the names and titles of the Council Subcommittee members, followed by the words “on behalf of the City Council” if the Council files a rebuttal). In lieu of submitting a rebuttal argument, the California Elections Code also allows the person, or majority of the persons, who signed the direct argument, to submit to the City Clerk the names of a maximum of five other persons who are authorized to prepare, submit, or sign the rebuttal argument.

4. Measure to Transition the City Clerk to an Appointive Position Determine if Council wishes to appoint a Council Subcommittee (consisting of one or two of its members) to submit an argument, on behalf of the City Council, concerning the measure questioning whether the office of City Clerk shall be appointive and direct that this information be incorporated into Resolution No. 22-22 (below). By taking this action, the California Elections Code guarantees that Council’s argument will be selected for printing in the Voter Information Guide in the event more than one argument in favor of the measure is submitted to the City Clerk. Then adopt Resolution 4(a) if Council wishes to direct the City Attorney to prepare an Impartial Analysis to be printed in the Voter Information Guide, or Resolution 4(b) if an Impartial Analysis is not desired:

City Clerk recommendation continued on following page
Special City Council Meeting Agenda of June 7, 2022 Page 15 (a) Resolution Setting Argument Priorities and Authorizing an Impartial Analysis (Transitioning City Clerk to Appointive Position) (Attachment 6)
Resolution No. 22-22 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, SETTING DEADLINES AND PRIORITIES

FOR FILING WRITTEN ARGUMENTS REGARDING A CITY

MEASURE TRANSITIONING THE CITY CLERK TO AN

APPOINTIVE POSITION, TO BE SUBMITTED TO CITY

VOTERS AT A GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 8, 2022 AND DIRECTING THE CITY
ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.

OR
(b) Resolution Setting Argument Priorities but NOT Authorizing an Impartial Analysis (Transitioning City Clerk to Appointive Position) (Attachment 7)
Resolution No. 22-22 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, SETTING DEADLINES AND PRIORITIES

FOR FILING WRITTEN ARGUMENTS REGARDING A CITY

MEASURE TRANSITIONING THE CITY CLERK TO AN

APPOINTIVE POSITION, TO BE SUBMITTED TO CITY

VOTERS AT A GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 8, 2022.
(c) Optional Resolution Allowing Rebuttals (Transitioning City Clerk to Appointive Position) (Attachment 8)
If desired, adopt Resolution No. 22-23 entitled A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, PROVIDING FOR THE

FILING OF REBUTTAL ARGUMENTS FOR OR AGAINST A

CITY MEASURE TRANSITIONING THE CITY CLERK TO AN

APPOINTIVE POSITION, TO BE SUBMITTED TO CITY

VOTERS AT A GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 8, 2022.

If the above Resolution is adopted, the California Elections Code authorizes the person, or majority of the persons, who signed the direct argument to also sign and submit a rebuttal argument. The rebuttal argument would be signed in the same fashion as the direct argument (i.e., including the names and titles of the Council Subcommittee members, followed by the words “on behalf of the City Council” if the Council files a rebuttal). In lieu of submitting a rebuttal argument, the City Clerk recommendation continued on following page
Special City Council Meeting Agenda of June 7, 2022 Page 16 California Elections Code also allows the person, or majority of the persons, who signed the direct argument, to submit to the City Clerk the names of a maximum of five other persons who are authorized to prepare, submit, or sign the rebuttal argument.

5. Supplemental Appropriation
Approve a supplemental appropriation of $17,000 to Election Costs (Account 001-133-44510-000-00000).

F. Code Amendment - Enacting Local Campaign Contribution Limits and Policy Regarding Contractor Disclosure of Political Contributions (Agendized at the May 25, 2022 City Council Meeting by Mayor James with the support of Council). Pages 10F-1 through 10F-24
Staff Recommendation

1. Adopt AN URGENCY ORDINANCE OF THE CITY OF SAN
CLEMENTE ADDING SECTION 2.04.100 TO CHAPTER 2.04 (CITY
COUNCIL) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF

THE SAN CLEMENTE MUNICIPAL CODE RELATING TO LOCAL

ELECTION CAMPAIGN CONTRIBUTION LIMITS AND
REGULATIONS.

2. Introduce AN ORDINANCE OF THE CITY OF SAN CLEMENTE
ADDING SECTION 2.04.100 TO CHAPTER 2.04 (CITY COUNCIL)
OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE SAN

CLEMENTE MUNICIPAL CODE RELATING TO LOCAL ELECTION
CAMPAIGN CONTRIBUTION LIMITS AND REGULATIONS.

3. Adopt Policy and Procedure No. 201-15 (Disclosure of Political Contributions), effective June 7, 2022.

G. Removal of Signs Regarding Face Masks (Agendized at the May 25, 2022 City Council Meeting by Councilmember Knoblock, with the support of Mayor James).

11. Reports (continued from Business Meeting Part 1).

A. Commissions and Committees
B. City Manager
C. City Attorney
D. Council Members
E. Council Subcommittee Updates
Special City Council Meeting Agenda of June 7, 2022 Page 17

12. Adjournment.

Adjourn to an Adjourned Regular Meeting to be held on June 15, 2022. The Adjourned Regular Business Meeting will commence at 6:00 p.m. for the purpose of conducting Commission and Committee interviews and appointments. The meeting will take place in the Community Center Auditorium, located at 100 N.

Calle Seville, San Clemente.

The next regular business meeting is scheduled for June 21, 2022.

Items to be Considered at a Future Meeting
Agenda Item Tentative Meeting Date
Catalytic Converter Ordinance June 21, 2022
Special City Council Meeting Agenda of June 7, 2022 Page 18

CITY COUNCIL MEETING PROCEDURES

PRESENTATION OF WRITTEN MATERIALS TO COUNCIL
In order to ensure that Councilmembers have adequate time to consider written materials concerning agenda items, it is strongly recommended that such materials be submitted to the City Clerk by noon the date preceding the Council meeting.

MEETINGS RECORDED AND TELEVISED
City Council meetings are broadcast live and are replayed periodically on Cox Communications Local Access Channel 854. Meetings are also available for live-stream or post meeting viewing from the City’s website. Meetings are also recorded via audio CD and/or DVD and retained as a City record in accordance with the City’s records retention schedule.

USE OF ELECTRONIC VISUAL AIDS BY PUBLIC AT MEETINGS
To allow staff adequate time to confirm software compatibility, individuals wishing to utilize electronic visual aids to supplement their oral presentations at the meeting, must submit the electronic files to the City Clerk by no later than 12:00 p.m. on the day of the meeting. Only compatible electronic formats will be permitted to be used on City audio/visual computer equipment. Staff makes no guarantee that such material will be compatible, but will use its best efforts to accommodate the request.

LENGTH OF MEETINGS
At 11:00 p.m., the City Council will determine which of the remaining agenda items can be considered and acted upon at this meeting and will continue all other agenda items to a future meeting.

AMERICANS WITH DISABILITIES ACT
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (949) 361-8200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.

COMMUNICATION DEVICES
To minimize meeting distractions and sound system interference, please be sure all personal communication devices are turned off or on silent mode.

MEETING SCHEDULE
Regular Council Meetings are held on the first and third Tuesdays of each month in the Community Center Auditorium, located at 100 North Calle Seville, San Clemente. Part 1 of the Business Meeting will begin at 5:00 p.m. and Closed Session begins at 6:00 p.m. Part 2 of the Business Meeting will commence at 7:00 p.m. Additional meetings of the City Council may be called as needed.

AGENDAS, ADMINISTRATIVE REPORTS AND SUPPLEMENTAL WRITTEN MATERIALS Agendas and Administrative Reports are available for review and/or copying at the City Clerk’s Department as soon as agendas are posted (a minimum of 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting).

Agendas and Administrative Reports can also be viewed at the San Clemente Library, located at 242 Avenida Del Mar, or by accessing the City’s website at www.san-clemente.org. An “Inspection Copy” of agenda materials is also located at the entrance to the Community Center during meetings for public review. All written material distributed to a majority of the Council after the original agenda packet was distributed is available for public inspection in the City Clerk’s Department, located at 910 Calle Negocio, San Clemente, during normal business hours.

The City Clerk’s Department offers an agenda packet subscription service free of charge. If you wish to receive email copies of City Council agendas, which include hyperlinks to staff reports and other back-up material, register at http://san-clemente.org/enotification.
6-7-22 I 4A(1)
4f\t

CITY OF SAN CLEMENTE
City Council Minutes
Adjourned Regular Meeting - May 25, 2022
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

An Adjourned Regular Meeting of the San Clemente City Council was called to order by Mayor James on May 25, 2022 at 3:01 p.m. in the San Clemente Community Center Auditorium, located at 100 N. Calle Seville, San Clemente.

PRESENT DUNCAN,FERGUSON,KNOBLOCK, WARD,MAYORJAMES

ABSENT NONE
STAFF PRESENT Erik Sund, City Manager; Scott Smith, City Attorney; Laura Campagnolo, Legislative Administrator; Megan Jimenez, Deputy City Clerk
* * *
FISCAL YEAR 2022-2023 CITY BUDGET PUBLIC HEARING (3:00 P.M.) A. Fiscal Year 2022-2023 City Budget
Public Hearing and workshop concerning the City of San Clemente proposed budget for Fiscal Year 2022-23.

Mayor James opened the Public Hearing.

Amanda Quintanilla, commented on ADA compliance in the City's restroom facilities and presented a photo of current conditions. A hard copy of the photo is on file with the City Clerk.

There being no one else desiring to speak, the Public Hearing was closed.

City Manager Sund and Financial Services Officer Rahn presented a PowerPoint entitled "City of San Clemente Budget Workshop/Public Hearing Fiscal Year 2022- 23" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.
6-7-22 I 4A(1)-1
City Council Minutes -Adjourned Regular City Council Meeting of May 25, 2022 Page 2 B.

Following deliberations, Council requested the following items:
• 2022-23 Strategic Priorities be amended to include the following verbiage:

Council Priority (Strategies) Operational Statement (Tactics). • Staff to provide Council with CalPERS 2021-22 actuarial reports. • City Manager to provide Council the annual report that is sent to the Joint Powers Insurance Authority related to attrition.
• Staff is to agendize Orange County Sheriff's Department contract for consideration in conjunction with the Budget Adoption at the June 7, 2022 City Council Meeting.
• Staff is to coordinate with the Orange County Sheriff's Department and Orange County Fire Authority to include breakdowns on staffing costs and benefits in each contract.
• Mayor Pro Tern Duncan and staff will meet with the Downtown Business Association (OBA) prior to adoption of the budget on June 7, 2022, to gather additional information related to the DBA's request for additional funds. Council will determine at the time of budget adoption whether or not to use Council Contingency funds to accommodate the DBA's request for funding . Additionally, Staff is to analyze the costs and revenue to do the car show and Puttin' on the Glitz in house.
• Staff will coordinate meetings with sub-groups of the City Council (not to exceed two Councilmembers per meeting) with Hinderliter, de Llamas and Associates (Hdl) to discuss sales tax.
• Council requested discussions begin with Capistrano Unified School District regarding crossing guard and school resource officer costs.

MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY COUNCILMEMBER FERGUSON, FAILED 2-3 (COUNCILMEMBER WARD, MAYOR PRO TEM DUNCAN AND MAYOR JAMES VOTING NOE), to reduce the personnel budget by $1,000,000 and allocate $500,000 to the "3" of the 3-2-1 pension funding plan ($3 million to the Public Safety Plan - lnactives) and allocate the additional $500,000 to increase the general fund operating position.

Pension Liability Funding Strategies (Agendized at the April 5, 2022 City Council Meeting by Councilmember Ferguson with support of Councilmember Knoblock and Mayor James).

Zhen Wu, San Clemente, commented on pension funding strategies and made suggestions to Council.
6-7-22 / 4A(1)-2
City Council Minutes - Adjourned Regular City Council Meeting of May 25, 2022 Page 3 City Manager Sund reviewed the contents of the Administrative Report and responded to Council inquiries.

MOTION BY COUNCILMEMBER FERGUSON, SECOND BY COUNCILMEMBER KNOBLOCK, to have Council commit, each year, to implement the following to pay down pension liability:

1. Excess property tax revenue.

2. 2/3 excess revenue of the parking meters.

3. 1 % of the annual budget funds.

4. Salary savings from vacant positions and evaluate staffing needs.

SUBSTITUTE MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM DUNCAN, CARRIED 3-2 (COUNCILMEMBER FERGUSON AND COUNCILMEMBER KNOBLOCK VOTING NOE), to approve re-evaluating pension strategies and providing recommendations at the 2023 Long Term Financial Plan. With the third quarter budget update to be provided in June 2022, staff is to provide actual and/or projected numbers for the following items:

1. Excess property tax revenue.

2. 2/3 excess revenue of the parking meters.

3. 1 % of the annual budget funds.

4. Salary savings from vacant positions and evaluate staffing needs.

MEETING RECESSED

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY COUNCILMEMBER WARD, CARRIED 5-0, to recess at 5:12 p.m.

BUSINESS MEETING PART 1 CONVENED
Mayor James convened the Regular Business Meeting at 5:22 p.m. in memory of San Clemente resident Kenny Nielsen.

INVOCATION
Dusty Davis with Shoreline Community Church gave the invocation.

PLEDGE OF ALLEGIANCE
Rick Loeffler led the Pledge of Allegiance.
6-7-22 / 4A(1)-3
City Council Minutes -Adjourned Regular City Council Meeting of May 25, 2022 Page 4

1. WAIVER TO READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 5-0, to waive reading in full of all Resolutions and Ordinances.

2. CONSIDERATION OF AGENDIZING ITEMS REQUIRING IMMEDIATE ACTION Assembly Bill 2011 (Wicks): The Affordable Housing and High Road Jobs Act - Consideration of a Letter of Opposition

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY COUNCILMEMBER KNOBLOCK, CARRIED 5-0, to add Assembly Bill 2011 (Wicks): The Affordable Housing and High Road Jobs Act to the agenda under New Business based on the need to take immediate action and the fact that the need for action arose subsequent to the agenda being posted.

3. ORAL COMMUNICATIONS
Amanda Quintanilla presented a PowerPoint entitled "Oral Communications part two". A hard copy of the presentation is on file with the City Clerk.

Mikii Rathmann, San Clemente, commented on the Downtown Business Association and the obstacles it faces as it relates to rising costs.

Michael Johnson, San Clemente, commented on the dangers of fentanyl.

Rick Loeffler commented on the enforcement of e-bikes on the trails, pier and beaches by Marine Safety.

Donna Vidrine, San Clemente, commented on the events in Uvalde, Texas and gun violence in America.

Decline, San Clemente, presented on civil code 3480 and the pickleball noise at San Gorgonio Park. A hard copy of the presentation is on file with the City Clerk.

4. CONSENT CALENDAR

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY MAYOR JAMES,
CARRIED 5-0, to approve the Consent Calendar.
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City Council Minutes -Adjourned Regular City Council Meeting of May 25, 2022 Page 5 A. City Council Minutes

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY MAYOR JAMES,
CARRIED 4-0-1 (COUNCILMEMBER WARD ABSTAINING), to approve the minutes of the Regular City Council meeting of May 3, 2022.

B. Commission/Committee Minutes

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY MAYOR JAMES,
CARRIED 5-0, to receive and file the following:
(1) Design Review Subcommittee Regular Meeting minutes of March 23, 2022.
(2) Zoning Administrator Regular Meeting minutes of April 7, 2022.

C. Warrant Register

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY MAYOR JAMES,
CARRIED 5-0, to:

Approve Wire Transfer Nos.
2641 through 2646 and Warrant Nos.
580576 through 580750, paid on
5-6-22, in the amount of .................................................. $1,872,641.31 Approve Wire Transfer Nos.
2647 through 2649 and Warrant Nos.
580751 through 580894, paid on
5-13-22, in the amount of ... ....... .. ......... ......... .................... $3,071,481.21 TOTAL WARRANT REGISTER .............. .. .... $ 4,944,122.52 Payroll Register

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY MAYOR JAMES,
CARRIED 5-0, to:

Approve Automatic Deposit Advises 78092
through 78364, for the period
4-18-22 through 5-1-22, paid
on 5-6-22, in the amount of .............. ... ............................. $ 424,667.56 TOTAL PAYROLL REGISTER ... ... ... .......... .. ..... ............... $ 424,667.56 6-7-22 I 4A(1)-5
City Council Minutes - Adjourned Regular City Council Meeting of May 25, 2022 Page 6 D.

E.

F.

Notice of Completion - 36-lnch Storm Drain Liner for Cyprus Shore Storm Drain Emergency Relocation

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY MAYOR JAMES,
CARRIED 5-0, to:

1. Accept the 36- Inch Storm Drain Liner for Cyprus Shore Storm Drain Emergency Relocation, from the contractor, Sancon Technologies, Inc., Project No. 12004.

2. Authorize the Public Works Director/City Engineer to execute and record, the Notice of Completion for the 36- Inch Storm Drain Liner for Cyprus Shore Storm Drain Emergency Relocation.

3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, Sancon Technologies, Inc.

Contract Award - Shoreline Monitoring Services in Connection with the Local Coastal Program

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY MAYOR JAMES,
CARRIED 5-0, to:

1. Approve, and authorize the City Manager to execute, Contract No.

C22-25 by and between the City of San Clemente and Coastal Frontiers Corporation, providing for Shoreline Monitoring Services in connection with the Local Coastal Program Corporation, in the amount of $220,000.

2. Accept grant revenues from the California Coastal Commission in the amount of $220,000 to Account No. 001-000-33490.

3. Authorize a related budget appropriation of $220,000 to Account No. 001-431 -43890.

Contract Award - Priority Development Project (PDP) Program Implementation and Best Management Practice (BMP) Delineation Project

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY MAYOR JAMES,
CARRIED 5-0, to approve, and authorize the City Manager to execute Motion continued on following page
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City Council Minutes - Adjourned Regular City Council Meeting of May 25, 2022 Page 7 Contract No. C22-26 by and between the City of San Clemente and Geosyntec Consultants, providing for Priority Development Project Program Implementation and Best Management Practice Delineation Project services in the amount of $54,127.

5. REPORTS
A Commissions and Committees
None.

B. City Manager
Announcement of Contracts Approved and Executed by the City Manager
City Manager Sund reported that he executed the following professional services contracts under his signature authority: 1) Bob Hall and Associates - Deputy Public Works Director Recruitment in the amount of $19,500 2) Bob Hall and Associates - Traffic Engineer Recruitment in the amount of $18,000 3) Bob Hall and Associates - Code Compliance Manager Recruitment in the amount of $18,500.

C. City Attorney
Pending State Bills
City Attorney Smith announced that two bills are pending in the state legislature that would permit local jurisdictions to meet remotely and/or in a hybrid meeting and updates will be provided to Council as available.

D. Council Members
Resident of the Quarter
Mayor Pro Tern Duncan presented the resident of the quarter award to Charlotte Quintanar in recognition of winning the California Coastal Commission Climate video challenge.

Oral Communications Part 2
Councilmember Ferguson, with the support of Councilmember Knoblock agendized for the June 21, 2022 Council meeting, consideration of adding Oral Communications part 2 back to the agenda template. 6-7-22 / 4A(1)-7
City Council Minutes - Adjourned Regular City Council Meeting of May 25, 2022 Page 8 County Recorder's Office Expansion
Councilmember Knoblock announced that County Recorder Nguyen expanded the South County office to accommodate the needs of South County residents.

Face Mask Notice
Councilmember Knoblock, with the support of Mayor James, agendized the removal of signs regarding face masks at City facilities for discussion at the June 7, 2022 City Council Meeting.

E-Bike Training and Registration
Mayor Pro Tern Duncan with the support of Council, requested that the City develop a training program for young e-bike riders and create a registration system of bike serial numbers in an effort to assist the Orange County Sheriff's Department in the investigation of bike thefts.

Orange County Fire Authority's Best and Bravest Awards
Mayor James announced nominees and recipients of 2021 Best and Bravest Awards as follows:
• Division Chief Rob Capobianco was the recipient of Chief of the Year award.
• Fire Captain Kelly Lucas of San Clemente's Station 60 was recognized as Firefighter of the Year for Battalion 6.
• Chase Aellig was recognized as Fire Cadet of the Year for Battalion

6. • San Clemente residents and OCFA firefighters, Jeremy Bart and Robert Bosanko, were recognized for their heroism with a Unit Citation for OCFA Truck 22.

Seizure of Flammable Items in Open Space/ Ticketing Authority for Vehicles parked in Fire Lanes
Mayor James, with the support of Mayor Pro Tern Duncan and Councilmember Knoblock, agendized for the June 7, 2022 meeting, consideration of authorizing Code Enforcement to seize flammable items in open space, authorizing the City Manager to purchase two drones, and evaluating the authority of firefighters to issue parking citations for vehicles parked in red zones.
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City Council Minutes -Adjourned Regular City Council Meeting of May 25, 2022 Page 9 Orange County Fire Authority Ready, Set, Go Program
Orange County Fire Authority Battalion Chief Moon, along with Mayor James, provided an overview on the Ready, Set, Go program, and noted that a special presentation is agendized for the June 7, 2022 Council Meeting.

E. Council Subcommittee Updates
None.

CLOSED SESSION
Dennis Kamp. San Clemente, spoke in support of Family Assistance Ministries (FAM); opined that FAM is part of the solution for homelessness.

MOTION BY COUNCILMEMBER WARD, SECOND BY COUNCILMEMBER
KNOBLOCK, CARRIED 5-0, to recess to Closed Session at 6:29 p.m. to discuss the following:

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957
Title: City Manager
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 1030 Calle Negocio, San Clemente; Assessor's Parcel Number 688- 142-35
Agency Negotiators: City Manager
Negotiating Parties: City of San Clemente and Family Assistance Ministries Under Negotiation: Price and terms for potential lease extension Property: 100 Avenida Presidio, Assessor's Parcel Number 678-163-01 Agency Negotiators: City Manager
Negotiating Parties: City of San Clemente, proposing parties and/or their authorized agent(s and representatives
Under Negotiation: Consideration of proposals for acquisition or lease of surplus property
BUSINESS MEETING PART 2
The Regular Business Meeting convened at 7:09 p.m., with all Councilmembers present. 6-7-22 I 4A(1)-9
City Council Minutes -Adjourned Regular City Council Meeting of May 25, 2022 Page 10

6. Closed Session Report - City Attorney.

City Attorney Smith announced that Council took no reportable action during this evening's Closed Session; noted that Council completed the City Manager's evaluation and authorized the Mayor and Mayor Pro Tern to meet with the City Manager to debrief him on the results; advised that Closed Session Item B related to Family Assistance Ministries was deferred to a later date.

7. Special Presentations.

A.

B.

Update on Homeless Issue (April Update)
Deputy Community Development Director Atamian and Community Outreach Worker Hunter reviewed the April 2022 City Outreach and Engagement Report and responded to Council inquiries. A hard copy of the April 2022 report is on file with the City Clerk.

Presentation of Proclamation - National Beach Safety Week Mayor James presented a Proclamation to Marine Safety Captain Mellot, and Lieutenant Staudenbaur, proclaiming May 23-30, 2022, as National Beach Safety Week. Marine Safety staff displayed a video concerning beach safety.

8. PUBLIC HEARINGS
(Budget Public Hearing was held at 3:00 p.m.)

9. UNFINISHED BUSINESS
None.

10. NEW BUSINESS

MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER FERGUSON, CARRIED 5-0, to hear Agenda Item 1 OE as the first item under New Business.

A. Permit Streamlining (Agendized at the March 1, 2022 City Council Meeting by Councilmember Knoblock, with the support of Councilmember Ferguson and Mayor James).
6-7-22 I 4A(1)-10
City Council Minutes - Adjourned Regular City Council Meeting of May 25, 2022 Page 11 Report from the Community Development Director concerning permit streamlining opportunities.

Zhen Wu, San Clemente, requested clarification on the dispute between the City of San Clemente and California Coastal Commission concerning major remodels; suggested the delay in processing permits is due to staffing shortages.

Deputy Community Development Director Atamian and Senior Planner Toma reviewed the contents of the Administrative Report and responded to Council inquiries.

Following discussion, MOTION BY MAYOR JAMES, SECOND BY
COUNCILMEMBER KNOBLOCK, CARRIED 5-0, to agendize a Special Presentation for the June 21, 2022 Regular Council meeting to outline a timeline to implement the streamlining opportunities identified and discuss the possibility of implementing a shot clock on project approvals.

B. Outlets at San Clemente - Conditional Use Permit for Special Events (Agendized at the February 15, 2022 City Council Meeting by Mayor James, with the support of Mayor Pro Tern Duncan and Councilmember Ward).

C.

Report from the Community Development Director concerning the Outlets at San Clemente Conditional Use Permit for Special Events.

Deputy Community Development Director Atamian reviewed the contents of the Administrative Report and responded to Council inquiries.

MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY
COUNCILMEMBER FERGUSON, CARRIED 5-0, to receive and file the Administrative Report dated May 25, 2022, and on file with the City Clerk.

Actions to Prevent Human Trafficking in Massage Establishments and Similar Businesses
Report from the Community Development Director concerning actions to prevent human trafficking in massage establishments and similar businesses.

Alejandra Baker, 1-5 Freedom Network, urged Council to direct enforcement of massage establishments to the business, not the workers; thanked the Public Safety Committee for working with the 1-5 Freedom Network on this effort.

Deputy Community Development Director Atamian reviewed the contents of the Administrative Report and responded to Council inquiries. 6-7-22 / 4A(1)-11
City Council Minutes - Adjourned Regular City Council Meeting of May 25, 2022 Page 12 Following discussion, MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM DUNCAN, CARRIED 5-0, to direct staff to implement the Priority 1 action items recommended by the Public Safety Committee, as proposed by staff, and return to the Council in Fiscal Year 2022-2023 with recommendations to implement Priorities 2 and 3, as described in the Administrative Report dated May 25, 2022, and on file with the City Clerk.

D. Code Amendment - Classification of the Positions of City Clerk and City Treasurer (Agendized at the May 3, 2022 City Council meeting by Councilmember Knoblock, with the support of Mayor James and Councilmember Ferguson).

Report from the City Attorney concerning consideration of an Ordinance amending the San Clemente Municipal Code relating to the Classification of the positions of City Clerk and City Treasurer.

Amanda Q spoke in support of the proposed Ordinance whereby the elected City Clerk and City Treasurer would no longer be allowed to be full time City employees; referenced Government Code 1099.

MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY MAYOR
JAMES, CARRIED 5-0, to:

1. Continue Code Amendment - Classification of the positions of City Treasurer and City Clerk to the June 7, 2022 City Council meeting.

2. Agendize consideration of adopting a Resolution to add Ballot Measures to the November 8, 2022 election for the electorate to determine whether the City Clerk and City Treasurer should be elected OR appointed by the City Council.

E. Engagement and Fee Agreement - Public Records Act Advisory Services and Appropriation Request (Agendized at the April 19, 2022 City Council meeting).

Report from the City Manager concerning an engagement and fee agreement for Public Records Act Advisory Services and
appropriation request.

Councilmember Ferguson recused herself and left the dais at 7:42 p.m. and joined the audience.

Claire Collins, Hansen Bridgett, LLP, introduced herself and responded to Council inquiries.
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City Council Minutes - Adjourned Regular City Council Meeting of May 25, 2022 Page 13 Laura Ferguson, San Clemente, speaking from the public podium, opined that Council waived attorney client privilege when it discussed legal fees in open session at its January 18, 2022 meeting.

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY MAYOR JAMES,
CARRIED 3-1-1 (COUNCILMEMBER KNOBLOCK VOTING NOE AND
COUNCILMEMBER FERGUSON RECUSED), to:

1. Approve, and authorize the Mayor to execute, Contract No. C22-27 an Engagement and Fee Agreement, by and between the City of San Clemente and Hanson Bridgett, LLP, providing for Public Records Act Advisory Services.

2. Approve a supplemental appropriation from the General Fund's Unassigned Fund Balance of $25,000 to Other Legal Services Account No. 001-203-43640-000-00000.

Councilmember Ferguson returned to the dais at 7:48 p.m.

F. Campaign Finance Transparency (Agendized at the May 3, 2022 City Council meeting by Mayor James with the support of Councilmember Knoblock).

Amanda spoke in support of setting campaign contribution limits.

MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER WARD,
CARRIED 5-0, to agendize implementation of the following:

1. Searchable PDF documents on the City website, specifically as it relates to FPPC forms.

2. Post FPPC forms on the City homepage.

3. Synopsis written by the City Clerk's office to be published in the San Clemente Times outlining campaign contributions.

4. Set campaign contribution limit to $500.00.

5. City vendors be required to disclose contributions to elected officials. 6-7-22 / 4A(1)-13
City Council Minutes - Adjourned Regular City Council Meeting of May 25, 2022 Page 14 Item Agendized Requiring Immediate Attention (See page 4 of these minutes for Council's action to agendize this item).

Assembly Bill 2011 {Wicks): The Affordable Housing and High Road Jobs Act - Consideration of a Letter of Opposition
Mayor Pro Tern Duncan reviewed Assembly Bill 2011 and requested that Council send a letter of opposition to Assembly Bill 2011.

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER KNOBLOCK, CARRIED 5-0, to authorize the Mayor to send a letter on behalf of the City Council opposing Assembly Bill 2011.

11. Adjournment.

Council observed a moment of silence in honor of the 21 lives lost in Uvalde, Texas on May 24, 2022.

MOTION BY COUNCILMEMBER WARD, SECOND BY COUNCILMEMBER
KNOBLOCK, CARRIED 5-0, to adjourn at 9:22 p.m. The next Regular Meeting will be held on June 7, 2022. Part 1 of the Regular Business Meeting will commence at 5:00 p.m. and Closed Session will begin at 6:00 p.m. Part 2 of the Business Meeting will commence at 7:00 p.m. The meeting will take place in the Community Center Auditorium, located at 100 N. Calle Seville, San Clemente.

MAYOR of the City of
San Clemente, California
CITY CLERK of the City of
San Clemente, California
6-7-22 I 4A(1)-14

1. 6-7-22 / 48(1)
These minutes will be approved by the Zoning Administrator on 5/19/2022

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
MAY 5, 2022
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

CALL TO ORDER
Zoning Administrator Gallardo-Daly called the Regular Meeting of the City of San Clemente Zoning Administrator to order on May 5, 2022 at 3:00 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, San Clemente, California.

Staff Present Cecilia Gallardo-Daly, Zoning Administrator Karla Morales, Community Development Technician
David Carrillo, Assistant Planner

2. MINUTES
A. Receive and file the minutes from the April 7, 2022 meeting.

3. ORAL AND WRITTEN COMMUNICATION
None

4. PUBLIC HEARING
A. 202 North El Camino Real - Minor Conditional Use Permit 21-300 - Seasurf Fish Beer & Wine (Carrillo)
A request to allow beer and wine service for outdoor consumption between 11 :30 am and 7:30 pm, Sunday through Thursday, and between 11 :30 am and 8:30 pm, Friday and Saturday, at a restaurant.

The applicant has withdrawn the Minor Conditional Use Permit application for beer and wine service, and will resubmit a Conditional Use Permit application to request beer and wine service at an outdoor dining area with more than 16 seats and/or four tables. A Minor Conditional Use Permit only applies to beer and wine service for an outdoor dining area with less than 16 seats and/or four tables. ------------ -·------··-------------- 6-7-22 / 48(1)-1
Minutes of the Zoning Administrator Meeting May 5, 2022 Page 2 B. 162 Avenida Florencia - Tentative Parcel Map 21-212 - Lecompte Condo Conversion (Carrillo)
A request to consider a duplex condominium conversion to allow for individual ownership of two dwelling units.

David Carrillo, Assistant Planner, summarized the staff report.

ZA Gallardo-Daly opened the public hearing, and there being no public comment received to this item, closed the public hearing.

ZA Gallardo-Daly stated she reviewed the staff report, findings, plans, conditions of approval, and visited the property.

ZA Gallardo-Daly approved Tentative Parcel Map 21-212 based on the following findings: This project is llmited to sub-dividing the lots airspace to allow for separate ownership of two condominium units. There are no potentials for environmental impacts. Conditions of approval are included requiring CC&R's to establish maintenance responsibilities over common areas and the request complies with the municipal code, building health and safety codes, and other applicable regulations and policies.

The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions).

Action: The Zoning Administrator approved and adopted Resolution ZA 22-003, Tentative Parcel Map 2021 -160, TPM 21-212, Lecompte Duplex Condominium Conversion, subject to the Conditions of Approval.

C. 2017 South El Camino Real - Minor Conditional Use Permit 21-070 - 9 Style Ramen Beer & Wine (Morales)
A request to consider indoor service of beer and wine at an existing restaurant, 9 Style Ramen, within the Neighborhood Commercial 1.3 Zoning district. The restaurant operates from 12:00 PM to 2:00 PM and 5:00 PM to 9:00 PM from Wednesday to Monday.

Karla Morales, Community Development Technician, summarized the staff report.

ZA Gallardo-Daly opened the public hearing, and there being no public comment received to this item, closed the public hearing.

ZA Gallardo-Daly stated- shereviewed the staff report, findings, plans, conditions and of approval, as well as the CEQA determination.
6-7-22 I 48(1)-2
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Minutes of the Zoning Administrator Meeting May 5, 2022 Page 3 ZA Gallardo-Daly approved Minor Conditional Use Permit 21-070 based on the following findings: The project maintains the primary use of the site as a restaurant. Beer and wine service at a restaurant indoors is a conditionally permitted use in the neighborhood commercial zone and is consistent with the General Plan. The project doesn't increase intensity or seating, therefore no additional parking is required. The sale and consumption of beer and wine is limited to the interior of the building and the business does not operate after 9:00 p.m., which is compatible with the adjacent uses and nearby residential.

The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1: Existing Facilities).

Action: The Zoning Administrator approved and adopted Resolution ZA 22-004, Minor Conditional Use Permit 21-070, 9 Style Ramen Beer & Wine, subject to the Conditions of Approval.

5. NEW BUSINESS
None

6. OLD BUSINESS
None

7. ADJOURNMENT
The meeting adjourned at 3:11 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, May 19, 2022 at 3:00 p.m. at City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
Cecilia Gallardo-Daly, Zoning Administrator
6-7-22 I 48(1)-3
6-7-22 I 48(2)
These minutes were approved at the Public Safety Committee Meeting of 3/22/2022

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

PUBLIC SAFETY COMMITTEE
FEBRUARY 22, 2022

1. CALL TO ORDER
City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, CA 92673
Committee Chair Berkuta called the Regular Meeting of the Public Safety Committee of the City of San Clemente to order at 3:00pm.

2. PLEDGE OF ALLEGIANCE
Committee Member Charles Hightower led the Pledge of Allegiance.

3. ROLL CALL
Committee
Members Present: Chair Nick 8erkuta
Vice Chair Charles Hightower
Rick Loeffler
Joe Janis
Captain Benfield, Orange County Sheriff's Department
Marine Safety Captain Mellott
Chief Capobianco, Orange County Fke Authority
Committee
Members Absent: None
Staff Present: ·Adam Atamian , Deputy Community Development Director Kiel Koger, Public Works Director
Brian Brower, IT Manager
Rebekah Brewster, Administrative Assistant
Public Present: Tony Coletta from Jacob Green & Associates William Simmons from Jacob Green & Associates
William Kreutinger
Brenda Wells, 1-5 Freedom Network
6-7-22 I 48(2) -1
Minutes of the Regular Meeting of the Public Safety Committee of February 22, 2022

4. REGULAR ORDERS OF BUSINESS/ REGULAR PRESENTATIONS
A. Informational presentation on the City's Emergency Planning Services by Jacob Green & Associates.

Tony Coletta and William Simmons gave an informational presentation on emergency planning and how their firm can assist cities in preparing for arid responding to disasters. They currently work with other cities such as Dana Point, San Juan Capistrano, and Lake Forest in training staff and conducting emergency drills, and providing on staff to respond to actual emergencies.

5. MINUTES
A. Minutes from the Regular Public Safety Committee meeting of January 25, 2022.

B. MOTION BY COMMITTEE MEMBER LOEFFLER, SECOND BY
COMMITTEE MEMBER HIGHTOWER, AND CARRIED 4-0 to approve the minutes from the Public Safety Committee meeting of January 25, 2022 as submitted.

6. ORAL AND WRITTEN COMMUNICATION

7. None.

REVIEWS AND RECOMMENDATIONS
A. OCSD Fiscal Year 20221 st Quarter Performance Measures Captain Benfield gave a presentation on OCSD performance measures and how OCSD experiences anywhere from a low of 20,000 to a high of 30,000 calls for service.

B. Marine Safety Fiscal Year 2022 1st Quarter Performance Measures Captain Mellott gave a presentation on Marine Safety performance measures and how 60% of their rescues are in rip tides. 6-7-22 I 48(2) -2 . ..
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Minutes of the Regular Meeting of the Public Safety Committee of February 22, 2022

8. NEW BUSINESS
A. Fiscal Year 2021-2022 PSC Annual Work Plan Implementation o Legislative Review
Committee Member Loeffler reported that the California Assembly had considered a bill to allow bicycles to not stop at stop signs. The bill did not pass.
o Neighborhood Watch
Committee Member Janis reported working with Bill Kreutinger on . a website draft of crime mapping. The idea is to make it easy for resident to find crime statistics on their neighborhoods, preferably within 1500 feet of residence.
o Human Trafficking
Committee Member Charles Hightower.and Brenda Wells gave a presentation to educate the Committee on human trafficking. Wells reported that during the Super Bowl, she had worked with motels in the area to train staff on how to recognize red flags.

Hightower discussed how Code Compliance conducts regular annual inspections of massage parlors and how staff can recognize the signs of human trafficking such as locks on windows to prevent escape or signs of people living in non-habitable commercial buildings.
o Traffic and E-Bicycle Safety
Committee Member Loeffler reported that the City of Long Beach is considering an ordinance to make working on bicycles in public illegal due to the homeless excess accumulation of bicycles.

He also reported that City staff is working on new signage to promote bicycle safety throughout the City.
6-7-22 I 4B(2) -3

Minutes of the Regular Meeting of the Public Safety Committee of February 22, 2022

9. UNFINISHED BUSINESS
A. Tri-Cities RACES Emergency Data Network Facility Plan Report by Deputy Community Development Director and consideration of a recommendation to City Council to permit the installation of RACES/ARDEN antennae equipment on City properties.

Deputy Community Development Director Atamian reported on how City Council policy is to encourage the use of amateur radio technology that enables communication during emergencies when cell phone coverage is unavailable. City Council would need to approve leases to allow installation on City owned or controlled property.

William Kreutinger gave a presentation on the Tri-Cities RACES (amateur radio) technology. This would be purchased by residents and provided for use on City owned or managed property. The City Council would need to approve the leases.

Since San Clemente geography can interfere with signals, he recommended that the Committee consider the following 3 locations for best coverage:

Potential Location #1 : South water tower on the highest point in City Potential Location #2: Water tower on north side of town Potential Location #3: Pier lifeguard tower to cover gaps in pier bowl area

MOTION BY COMMITTEE MEMBER LOEFFLER, SECOND BY COMMITTEE MEMBER JANIS, AND CARRIED 4-0 to recommend to City Council to approve the installation and use of Tri-Cities RACES technology on City owned or managed property.

10. REPORTS OF COMMITTEE MEMBERS AND STAFF
A. Police Services - Orange County Sheriffs Department Captain Benfield B. Fire Services - Chief of San Clemente Fire Services, Chief Capobianco C. Marine Safety - Marine Safety Division Captain Mellott D. Committee Chair
E. Committee Members
F. City Staff
Chief Capobianco reported on how the City is adding a fourth firefighter and the benefits to response time in having that extra help. OSHA• work standards require a four person firefighter team in responding to a fire, with two people going inside the building and two people supporting them from outside. 6-7-22 I 4B(2) -4
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Minutes of the Regular Meeting of the Public Safety Committee of February 22, 2022

MOTION BY COMMITTEE MEMBER HIGHTOWER, SECONDED BY
COMMITTEE MEMBER JANIS, AND CARRIED 4-0 to recommend to City Council to initiate a municipal code change to require a fourth firefighter.

Captain Mellott reported that Marine Safety had conducted lifeguard tryouts while the ocean water was 58 degrees. Seventeen people passed. Two regular and one part time lifeguard positions are open and will be filled from the successful applicant pool. He also reported that they are giving educational presentations at local elementary schools on water safety.

Captain Benfield reported that the Department of Justice is changing the crime tracking system to be a national incident based system. The new system will be more accurate in tracking offenses within offenses such as if a robbery turns into a carjacking which becomes an assault. The new system would count all 3 crimes instead of the old system which tracked only the worst offense.

He also reported on license plate reading technology, which the City is currently working on purchasing. The City is working on a request for proposal to ensure a fair process.

Adam Atamian reported that Community Development is working on hiring 2-3 park rangers, preferably with a background in criminal justice. He also reported that the City Council will consider at the March 15 meeting the issue of high fire insurance rates for residents and premature insurance cancellation due to parts of San Clemente being considered a fire hazard zone.

11. ADJOURNMENT

MOTION BY COMMITTEE MEMBER LOEFFLER, SECOND BY COMMITTEE MEMBER JANIS, AND CARRIED 4-0 to adjourn at 5:31 p.m. to the next Regular Meeting scheduled to be held on Tuesday, March 22, 2022 at 3:00pm in the Community Room at City Hall 910 Calle Negocio, San Clemente, CA. 6-7-22 /_4.B(2) -5
Minutes of the Regular Meeting of the Public Safety Committ~e of February 22, 2022

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Respectfully submitted,
Attest:

Community Development Director
6-7-22 I 48(2) -6
6-7-22 I 48(3)
These minutes were approved at the Public Safety Committee Meeting of 5/24/2022

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

PUBLIC SAFETY COMMITTEE

1. CALL TO ORDER
MARCH 22, 2022
. City Hall
First Floor Community Room
91 O Calle Negocio
San Clemente, CA 92673
Committee Chair Berkuta called the Regular Meeting of the Public . Safety Committee of the City of San Clemente to order at 3:02p.m.

2. PLEDGE OF ALLEGIANCE
Committee Member Joe Janis led the Pledge of Allegiance.

3. ROLLCALL
Committee
Members Present: Chair Nick Berkuta
Vice Chair Charles Hightower
Joe Janis
Captain Benfield, Orange County Sheriffs Department
Committee
Members Absent: Rick Loeffler
Chief Capobianco, Orange County Fire Authority
Marine Safety Captain Mellott
Staff Present: Adam Atamian, Community Development Deputy Director Kiel Koger, Director of Engineering
Rebekah Brewster, Administrative Assistarit
Public Present: Becky Fiery, Executive Director, Red Cross Orange County Dave Adams, Red Cross Volunteer
6-7-22 I 48(3)-1
Minutes of the Regular Meeting of the Public Safety Committee of March 22, 2022

4. REGULAR ORDERS OF BUSINESS/ REGULAR PRESENTATIONS
A. Informational Presentation on the Red Cross' Services and Programs by Becky Flrey and Dave Adams with the Red Cross' Emergency Management Team.

Becky Fiery gave a presentation on programs provided by the Red Cross. They prepare for disasters by having emergency supplies stored in local areas so they can respond quickly. When there is a home fire, the Red Cross will send people to help the displaced family with personal care kits and other immediate needs. When a disaster happens that affects a large number of people, the Red Cross will open local shelters to assist residents. They also provide measles and rubella vaccines and education on first aid and disaster preparedness. The Red Cross operates around the world providing supplies to people affected by conflicts, including now in Ukraine.

Fiery asked for the City to pick sites and have contracts in place so if a disaster occurs, the Red Cross would be able to more quickly open a shelter.

Public Works Director Kiel Koger reported that his department was already working with the Red Cross to identify potential local sites for emergency shelters.

5. MINUTES
A. Minutes from the Regular Public Safety Committee.meeting of February 22, 2022.

Dep.uty Director Atamian requested changes to the minutes. The first change related to clarifying the title of a member of the public who spoke at the meeting .

He also requested that the Committee's review and recommendation to City Council to initiate changing the municipal code to require a fourth firefighter be included.

MOTION BY COMMITTEE MEMBER JANIS, SECOND BY MEMBER
HIGHTOWER, AND CARRIED 3-0 to approve the minutes from the Public Safety Committee meeting of February 22, 2022 with the changes requested by Deputy Director Atamian.
. 6-7-22 I 48(3)-2
Minutes of the Regular Meeting of the Public Safety Committee of March 22, 2022

6. ORAL AND WRITTEN COMMUNICATION
Thomas Garrett, resident, spoke on issues related near the cul-de-sac of La Rambla. He stated there is a high volume of people using that area for beach access at all hours of the day and night. The constant foot traffic and bicycles may have resulted in sand erosion and damage to vegetation. He described difficulties with the Coastal Commission restricting their options for addressing the issues. He requested that the City consider extending the same beach curfew of 1 0pm to this area and increase enforcement efforts In the area. He described how residents are in favor of a potential new development to this area, which might be a partial solution to the problem. He hoped to continue talking with the City on potential solutions to the problem.

Carrie Garrett, resident, also discussed issues related to La Rambla, including problems with Coastal Commission limiting their ability to respond to the public nuisance issues. She described how people leave all kinds of trash on this beach trail including drug needles, used condoms, dog deposits, cigarette butts, etc.

She requested that the City consider adding additional trash cans on the beach and increase enforcement efforts in the area. •
Paul Douglas, of Oceanside, spoke of behalf of residents on La Rambla. He described that property owners are willing to consider installing a permanent beach outlook to provide public beach access in a way that could minimize the late night loud and unruly disturbances occurring on the beach next to residents.

He noted that property owners were willing to install signage to better distinguish public beach access.
• Mike Bojorquez, resident, also discussed issues related to La Rambla. He described how the constant beach traffic has resulted in significant disruption to residents. He hoped that residents would be able to work with the City on potential solutions_
The residents thanked Captain Benfield for increasing OCSD patrols in the area.

Deputy Director Atamian reminded the Committee that the residents would need to approach City Council because only City Council would be able to make the requested changes. He suggested that they focus on the potential three major issues with La Rambla:
1) Loud and unruly gatherings
2) Potential human safety issues with a non-ADA accessible informal beach trail 3) Public nuisance issues
Deputy Director Atamian suggested having the Park Rangers increase patrols in the area when possible.
6-7-22 I 4_8(3)-3
Minutes of the Regular Meeting of the Public Safety Committee of March 22, 2022

7. 8.

Chair Berkuta encouraged them to approach City Council to request options such as new signage and enforcement of the regular beach curfew of 1 0pm.

Committee Member Janis encouraged them to ask City Council to consider restricting the parking on La Rambla and enforce the regular beach curfew of 1 0pm. He also encouraged them to contact Coastal Commission to request permission to build a fence to better distinguish the areas of public beach access and private property.

REVIEWS AND RECOMMENDATIONS
A. Code Compliance FY22 Quarter 1 Performance Measures
B. Park Rangers RY22 Quarter 1 Performance Measures
Deputy Director Atamian gave a presentation on performance measures for Code Enforcement and Park Rangers. He described how short staffing can affect response times. The City is working on filling staff vacancies currently to ensure the City maintains appropriate response times to resident requests. He also mentioned that Code Compliance has taken on extra responsibilities in the • recent past and are now addressing new violation types, such as water quality issues.

NEW BUSINESS
A. Communications and Disaster Preparedness Project Update Chair Berkuta noted that this was coveted during the Red Cross presentation.

B. Homeless and Best Management Practices for Public Safety Personnel Project Update
Chair Berkuta noted that Member Loeffler was not present to give an update.

C. Legislative Review Project Update
Chair Berkuta noted that Member Loeffler was not present to give an update.

D. Neighborhood Watch Project Update
Committee Member Janis reported that he is still working on a website to provide info on forming local neighborhood watch groups. They will utilize an informational video from OCSD to help train people.
6-7-22 / 48(3)-4 . ..
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Minutes of the Regular Meeting of the Public Safety Committee of March 22, 2022 E. Human Trafficking Project Update
Committee Member Hightower provided an update on how he had worked with Brenda Wells of 1-5 Freedom Network and the City Council subcommittee to identify ways the City Council could respond to the issue of human trafficking.

F. Traffic and E-Bicycle Safety
Committee Member Hightower noted that the Park Rangers are addressing the City's ordinance prohibiting E-Bicycles on the beach trail and pier. He reported that Samantha Wiley, Director of the Beaches, Parks and Recreation Department is working on adding more signage and hopes to have it by July 4.

He also mentioned that eventually the City will have a $100 fine for people who violate the ordinance forbidding E-Bicycles on the beach trail and pier.

G. Consideration of Bicycle Repair Ordinance
Deputy Director Adam Atamian gave a report on how the City Council had requested the Committee to consider a potential bicycle repair ordinance. The City of Long Beach had passed this type of ordinance to address problems with bicycle theft.

Deputy Director Atamian stated that. should the Committee decide to recommend approval of a bicycle repair ordinance, staff would suggest modifications to the ordinance to further restrict those activities and ensure better enforceability of such an ordinance.

Capt. Benfield stated that bicycle theft is a regular occurrence in the City. The Committee reviewed Long Beach's ordinance and indicated that that this type of ordinance would likely not address bicycle theft issues adequately and questioned how enforceable it would be.

MOTION BY COMMITTEE MEMBER JANIS, SECOND BY CHAIR BERKUTA, AND CARRIED 3-0, to not recommend a Bicycle Repair Ordinance to City Council.

9. UNFINISHED BUSINESS
A. Consideration of Anti-Human Trafficking Recommendations Committee Member Hightower presented information and an update to the Committee about the discussion started at the February 22, 2022 meeting, and presented the following recommended action items:

Priority 1 - Strengthen Massage Parlor Oversight by the Code Compliance Division
6-7-22 I 48(3)-5
Minutes of the Regular Meeting of the Public Safety Committee of March 22, 2022

A Have the Deputy Director delegate at least one staff member to be the main point of contact for dealing with issues related to massage parlors and other related businesses (i.e. hotels and nail salons).

B. Develop an abbreviated inspection sheet based on existing zoning and code regulations for massage parlor initial and annual licensing.

C. Determine an efficient use of staff to conduct random inspections of massage parlors and related businesses.

D. Suggest ways Community Development Department can contribute to positive incentives for massage parlors and other businesses complying with City ordinances.

E. Provide staffing Impact and cost estimates required for the above.

F. Provide training to successfully accomplish these tasks.

G. Develop and implement a strategic plan to ensure Code Compliance and OCS0 coordination on these activities.

Priority 2 - Educate and Reward Hotel and Motel Business Compliance A. Have Hotels and Motels prioritize human trafficking recognition and reporting in their establishments (both sex and labor related) B. Officially recognize hotels and motels committed to avoid human trafficking in their establishments (e.g., Five Star Rating) Priority 3 - Include human trafficking information in community forums, to schools, and encourage citizens to report illicit activates A Include human trafficking information in the Neighborhood Watch Program
B. Educate school counselors to recognize human trafficking and resources providing support to student victims
C. Add human trafficking to the City's Code Enforcement Violation Hotline MOTION BY COMMITTEE MEMBER HIGHTOWER,. SECOND BY COMMITTEE MEMBER JANIS, AND CARRIED 3-0, to recommend to City Council to adopt these Ideas for addressing the problem of human trafficking.

10. REPORTS OF COMMITTEE MEMBERS AND STAFF
A. Police Services - Orange County Sheriffs Department Captain Benfield B. Fire Services - Chief of San Clemente Fire Services, Chief Capobianco C. Marine Safety - Marine Safety Division Captain Mellott D. Committee Chair
E. Committee Members
F. City Staff
6_-7-22 I 48(3)-6
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Minutes of the Regular Meeting of the Public Safety Committee of March 22, 2022 Page 7 Captain Benfield reported that OCSD is restarting the Citizen's Academy program, to help the public learn more about the work of law enforcement. This _ program was suspended for two years during COVID. Now local residents can apply on OCSD's website to attend this training. This would be an eight week commitment, with sessions scheduled on Thursday evenings from April 14 to June 2, 2022.

Deputy Director Atamian reported that the City Attorney is working on drafting the municipal ordinance to require a fourth firefighter.

Chair Berkuta reported that Engineering Director Koger and Marine Safety Captain Mellott are working on emergency drills.

Chair Berkuta discussed difficulties finding information about, and locations to, recycle residential smoke detectors.

Deputy Director Atamian reported that the City lost a dedicated employee, Angela Boone, Senior Office Specialist of the Code Compliance Division, who passed away on March 13, 2022. •

11. ADJOURNMENT
Attest:

MOTION BY CHAIR BERKUTA, SECOND BY COMMITTEE MEMBER JANIS, AND CARRIED 3-0 to adjourn, at 5:46p.m. to the next Regular Meeting of the Public Safety Committee scheduled to be held on Tuesday, April 26, 2022 at 3:00pm in the Community Room at City Hall, 910 Calle Negocio, San Clemente, California.

A~ty Development Director
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CITY OF SAN CLEI\tffiNTE

CERTIFICATION OF WARRANTS

I HEREBY SUBMIT THE ATTACHED

WARRANT REGISTER FOR AUDIT

AND APPROVAL BY THE CITY

COUNCIL, CITY OF SAN CLEMENTE

CITY MANAGER
ATTEST: _________ _

CITY CLERK

I HEREBY CERTIFY TO THE ACCURACY OF THE FOREGOING

DEMANDS AND THAT FUNDS ARE AVAILABLE FOR PAYMENT
THEREOF:

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL
HELD <D \ + \ 2022.

IN THE AMOUNT OF $ ~1 ~9-=--00=---8-=--4"""8-'--' .1-=3 ___ _ MAYOR

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003

CITY TREASURER
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apChklst Final Check List Page: 1
05/18/2022 12:57:59PM SAN CLEMENTE
Bank : citv BANK OF THE WEST
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 2650 5/20/2022 004156 CALIF, STATE OF, EMPLOYMEBen2511447 5/20/2022 STATE TAX: PAYMENT 23,156.13 23, 156.13 2651 5/20/2022 000010 CALIF, STATE OF, EMPLOYMEBen2511449 5/20/2022 SDI INS: PAYMENT 6,253.15 6,253.15 2652 5/20/2022 001819 FEDERAL WITHOLDING TAX Ben2511445 5/20/2022 FEDERAL TAX:PAYMENT 157,398.21 157,398.21 2653 5/20/2022 014754 STATE DISBURSMENT UNIT Ben2511451 5/20/2022 CHILD SUPPORT: PAYMENT 2,729.06 2,729.06 580895 5/20/2022 03414 7 A NEW VIEW WINDOWS & DOB22-0416 4/21/2022 REFUND OF WMP FEE 250.00 B22-0520 4/21/2022 REFUND OF WMP FEE 250.00 500.00
580896 5/20/2022 023612 ADVANCED WEB OFFSET 22-0760 4/26/2022 PRINTING OF WATER QUALll 8,511.14 8,511 .14 580897 5/20/2022 010213 AFLAC Ben2511441 5/20/2022 AFLACINSURANCE:PAYMEN 79.42 79.42 580898 5/20/2022 009876 ALL CITY MANAGEMENT SVC!77255 5/3/2022 FY 2021-2022 CROSSING GU 11,866.80 11,866.80 580899 5/20/2022 001875 ALLAN SLURRY SEAL, INC, RCPP1 5/9/2022 PN 11306 22303 - FY21 STR. II 856,456.53 856,456.53 580900 5/20/2022 033006 ALLEN, BLAKE LEE 24 5/9/2022 FNF OFFICIAL 240.00 240.00 580901 5/20/2022 009105 ALLIANT INSURANCE SVCS 11\033122 3/31/2022 SPECIAL EVENT INSURANCE 1,655.00 1,655.00 580902 5/20/2022 005201 APPLE ONE 01-6291513 5/4/2022 TEMPORARY OFFICE SPEC!/ 1,387.08 01-6291512 5/4/2022 APPLEONE 1,164.51 2,551.59
580903 5/20/2022 024288 ARMOR FENCE CONCEPTS 050722-03 5/7/2022 FENCE TALEGA PK REPLACE 3,125.40 050722-04 5/7/2022 ARMOR - IRON FENCE NB TR 9,691.39
042822-02 4/28/2022 FENCE AT SANTA MARGARIT, 1,997.24 14,814.03 580904 5/20/2022 000184 AWARDS N MORE 5025 4/19/2022 BADGE / PLATE FOR HUMAN 25.32 25.32 580905 5/20/2022 022894 BAJA FRESH MEXICAN GRILLSC051122 5/11/2022 MEALS FOR EMPLOYEE WEL 1,114.14 1,114.14 580906 5/20/2022 025638 BAKER INTERNATIONAL INC, 1142708 3/18/2022 PROFESSIONAL SERVICES 16,192.00 1145087 4/20/2022 PROFESSIONAL SERVICES 15,157.00 31 ,349.00 580907 5/20/2022 024972 BEST BEST & KRIEGER LLP 932541 4/18/2022 ANTHEM V. CITY OF SAN CLE 205.20 932555 4/18/2022 PRAOVERAGE 11 ,348.80
932556 4/18/2022 TCN241 EXT-NON LIT 3,944.00
932543 4/18/2022 TRIANGLE SITE CONDEM 3,130.75
932549 4/18/2022 LITI/ADMIN HEARING 1,037.00
932542 4/18/2022 HOUSING HUMAN RIGHT C3 6,121.80
(j) 932554 4/18/2022 PUBLIC RECORDS ACT 5,237.00 I
--.J 932540 4/18/2022 RETAINER FOR LEGAL SERVI 40,804.55 71,829.10 I N
N 580908 5/20/2022 000809 GALBO 15234 5/6/2022 TRAINING - LISNMARILYN/AI\ 780.00 --- 15220 5/5/2022 TRAINING - DAN 260.00 1,040.00 ~
,Q 580909 5/20/2022 022197 CALIF FUELS & LUBRICANTS M881307-2 5/2/2022 GAS FOR FLEET 624.00 ...... M881307-1 5/2/2022 DIESEL FOR FLEET 2,104.74 2,728.74 ........ I N 580910 5/20/2022 001182 CALIF, STATE OF, FRANCHISEBen2511443 5/20/2022 STATE TAX LEW: PAYMENT 759.25 759.25 Paqe: 1
apChkLst Final Check List Pa!:!.:: 2
05/18/2022 12:57:59PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 580911 5/20/2022 004175 CALIFORNIA EMPLOYMENT DL0310445840 5/9/2022 STATE UNEMPLOYMENT INS. 6,387.00 6,387.00 580912 5/20/2022 016096 CALIFORNIA YELLOW CAB 4703022 5/5/2022 FY22 SENIOR MOBILITY PRO 1,509.06 1,509.06 580913 5/20/2022 022636 CARE AMBULANCE SERVICE 22-000472 5/11/2022 AMBULANCE SERVICES FY 2 26,012.08 22-000471 5/11/2022 AMBULANCE SERVICES FY 2 26,012.08 52,024.16 580914 5/20/2022 028904 CATALYST OFFICE 18862 4/14/2022 FAS CUBICLE 6,275.59 6,275.59 580915- 5/20/2022 015477 CELL BUSINESS EQUIPMENT IN2499190 5/5/2022 FINAL PAY -MAINTENCE AGRI 6,351.40 6,351.40 580916 5/20/2022 012397 CENTRAL COMMUNICATIONS000024-954-581 5/1/2022 24/7 Professional Answerin(:I Se 460.26 460.26 580917 5/20/2022 001241 COLONIAL LIFE & ACCIDENT Ben2511437 5/20/2022 ACCIDENT INSURANCE: PAYf 157.11 157.11 580918 5/20/2022 001417 CONSOLIDATED ELECTRIC 011020060 4/26/2022 MATERIALS 112.73 112.73 580919 5/20/2022 001394 COOK PGA GOLF SHOP INC, !051722 5/17/2022 05/09/22 - 05/15/22 WEEKLY P 24,397.76 24,397.76 580920 5/20/2022 006090 COX COMMUNICATIONS 060297301 5/4/2022 LANDLINE PHONE SERVICES 4,985.56 060930701 4/28/2022 LANDLINE PHONE SERVICES 33.17 5,018.73 580921 5/20/2022 006090 COX COMMUNICATIONS 050935601 5/1/2022 A/C 001 7601 050935601 268.00 268.00 580922 5/20/2022 000168 CWEA-TCP 336923 4/26/2022 MECHANICAL TECH CERT. G: 96.00 96.00 580923 5/20/2022 017717 D & H WATER SYSTEMS INC 12022-0652 5/4/2022 PARTS / SUPPLIES 2,318.77 2,318.77 580924 5/20/2022 033164 DEBUT SURF SCHOOL 050422 5/4/2022 INSTRUCTOR PAYMENT 4,880.40 4,880.40 580925 5/20/2022 00264 7 DENAULT'$ HARDWARE, INC 510939 5/4/2022 HARDWARE & MAINT SUPPL! 19.14 510904 5/3/2022 HARDWARE & MAINT SUPPL! 6.47
510924 5/4/2022 HARDWARE & MAINT SUPPL! 10.15
510951 5/5/2022 HARDWARE & MAINT SUPPL! 23.64
510885 5/2/2022 HARDWARE & MAINT SUPPL! 19.56
511041 5/9/2022 HARDWARE & MAINT SUPPL! 22.29 101.25
580926 5/20/2022 023246 DISCOVERY CUBE OF OC 902750 2/3/2022 FIELD TRIP 6/29/22 176.00 176.00 580927 5/20/2022 004177 E STEWART &ASSOC INC 7636S 4/26/2022 GRAFFITI REMOVAL 400.00 400.00 580928 5/20/2022 002904 EMCOR SERVICE 910017960 3/22/2022 PUMP STATION MAINTENANC 568.00 568.00 580929 5/20/2022 032976 ENGINEERING NEWS-RECORR208042RB1 BN 5/9/2022 ACCOUNT #1108183242 ENG 108.00 108.00 580930 5/20/2022 000026 FEDERAL EXPRESS CORP 7-740-50320 4/29/2022 SHIPPING CHARGES 169.68 169.68 580931 5/20/2022 034121 FUENTES, JOSE 050122 5/1/2022 REIMB. FOR BOOTS 161 .61 161.61 0)580932 5/20/2022· 012860 FUN EXPRESS, INC. 716405624-01 4/22/2022 PRIZES AND DECORATIONS 1,193.94 ' 716405624-02 4/22/2022 BANNER 25.85 1,219.79
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~580933 5/20/2022 024930 GENERAL DATA CO,. INC. - SC0110567 4/27/2022 TONER FOR DESK TOP PRIN' 129.71 N 0112350 5/6/2022 TONER FOR DESK TOP PRIN' 127.8B 257.60 --~580934 5/20/2022 013733 GENSLER 1004533 5/10/2022 OCSD SUBSTATION ARCHITE 4,010.75 4,010.75 ~580935 5/20/2022 004472 GOODWIN ENTERPRISES INC6765- 4/27/2022 GOODWIN - 2ND SAND PUSH 13,500.00 13,500.00 -z;5ao935 512012022 001925 GRAINGER, INC, W.W. 9295682349 4/28/2022 HARDWARE/ EQUIPMENT 587.02 587.02 Page: 2
apChkLst
05/18/2022 12:57:59PM
Final Check List

SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
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Check# Date Vendor
580937 5/20/2022 032998
580938 5/20/2022 029858
580939 5/20/2022 031281
580940 5/20/2022 034005
580941 5/20/2022 003619
580942 5/20/2022 003185
580943 5/20/2022 007033
580944 5/20/2022 025796
580945 5/20/2022 033007
580946 5/20/2022 018072
580947 5/20/2022 002615
580948 5/20/2022 030941
580949 5/20/2022 007564
580950 5/20/2022 006276
580951 5/20/2022 003646
580952 5/20/2022 033008
580953 5/20/2022 000502
580954 5/20/2022 011802
580955 5/20/2022 034006
580956 5/20/2022 031011
580957 5/20/2022 012670
580958 5/20/2022 030289
Invoice Inv Date
GREEN ZONE WASH WATERL001187 5/11/2022
GREENTECH LANDSCAPE INC53234 4/30/2022
HALL, YVONNE 050122 5/1/2022
HARTANA, THOMAS 7 5/9/2022
ICMA RETIREMENT TRUST #3Ben2511433 5/20/2022
IDEXX DISTRIBUTION, INC. 3105987596 5/5/2022
IMPERIAL SPRINKLER SUPPL'5087499-00 4/20/2022
5085846-00 4/19/2022
INVENTIVE RESOURCES INC 251704 4/6/2022
JANSSON, GUS 5 5/9/2022
JUDGE NETTING INC 004-19288CA 5/2/2022
KATHCO PRODUCTS 108138 4/11/2022
LAZ KARP ASSOCIATES LLC INV0126290 5/5/2022
LOWE'S COMPANIES, INC. 23933 5/4/2022
16316 5/9/2022
09326 5/6/2022
LSAASSOCIATES INC 182420 5/6/2022
MCCALL'S METERS, INC. 34807 5/2/2022
MCDONALD, REESE 14 5/9/2022
MCMASTER-CARR SUPPLY C(77153225 4/27/2022
MOORE IACOFANO GOLTSM.A0075027 5/11/2022
MUDGE, VANDER 11 5/9/2022
NET WORLD SPORTS C01483513 5/11/2022
NIKKI'S FLAG SHOP 6034 4/26/2022
OCCUPATIONAL HEALTH CTR74999766 4/13/2022
75142009 4/27/2022
74921744 4/6/2022
75069349 4/20/2022
75221962 5/4/2022
Descriotion

CITY FLEET VEHICLE WASHII
GREENTECH - WATER FACIL:

CONTRACT INSTRUCTOR PA

FNF OFFICIAL
DEFERRED COMP ICMA: PAY

LAB SUPPLIES/ PARTS
IRRIGATION SUPPLIES #1327
IRRIGATION SUPPLIES #1327

CARTRIDGES FOR MOE

FNF OFFICIAL

JUDGE NETTING - JJMSP FU
RAGS - 24 BOXES
2021 SEASON TROLLEY TRAI
#0333392 SUPPLIES
#0333392 SUPPLIES
#0333392 SUPPLIES
PN 16004 - MONTALVO CYN C

CERT FLOW TEST

FNF OFFICIAL

EQUIPMENT & TOOLS

ON-CALL COMMUNICATIONS

FNF OFFICIAL
PORTABLE PICKLEBALL NET!
LIFEGUARD TOWER WARNII\
PHYS LEVEL 2, DOT PHYSIC/
PHYS LEVEL 2, DOT PHYSIC.t
PHYS LEVEL 2, DOT PHYSIC.t
PHYS LEVEL 2, DOT PHYSICI
PHYS LEVEL 2, DOT PHYSIC.t
Amount Paid
693.25
3,200.00
742.00
240.00
50,573.85
3,495.32

32.35 1.60
2,019.75
240.00
79,610.00
1,399.03
3,890.70
481 .99
138.19
166.43
3,088.03

76.02 240.00
123.16
10,077.41
180.00
7,251.16
506.48
282.00
769.00
173.00
346.00
644.00
Page: 3
Check Total
693.25
3,200.00
742.00
240.00
50,573.85
3,495.32

33.95 2,019.75
240.00
79,610.00
1,399.03
3,890.70
786.61
3,088.03

76.02 240.00
123.16
10,077.41
180.00
7,251.16
506.48
2,214.00
Page: 3
apChkLst Final Check List Pa!:1~: 4
05/18/2022 12:57:59PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 580959 5/20/2022 001207 OFFICE DEPOT 238667978001 4/14/2022 OFFICE SUPPLIES A/C #8983. 43.10 238666797001 4/14/2022 OFFICE SUPPLIES A/C #8983. 14.64 236143161001 3/30/2022 OFFICE SUPPLIES A/C #8983'. 29.08 236143160001 3/31/2022 OFFICE SUPPLIES A/C #8983'. 89.64 235855206001 4/14/2022 OFFICE SUPPLIES A/C #8983'. 114.55 241407016001 4/28/2022 OFFICE SUPPLIES A/C #8983" 31.29 241407708001 4/28/2022 OFFICE SUPPLIES NC #8983'. 66.61 236143153001 3/31/2022 OFFICE SUPPLIES A/C #8983·. 35.43 424.34 580960 5/20/2022 008563 ON ESOU RCE DISTRIBUTORS S6919983. 002 4/27/2022 SUPPLY 41.48 S6940072.001 4/22/2022 SUPPLY 1,058.51
S6918633.001 4/27/2022 SUPPLY 430.80
S6945955.001 4/22/2022 SUPPLY 1,058.51 2,589.30
580961 5/20/2022 006615 PARKHOUSE TIRE, INC 1020254085 4/5/2022 TIRE AND HOURLY SERVICE 906.89 906.89 580962 5/20/2022 024038 PATROL ONE 483174 4/29/2022 SECURITY GUARD SERVICE~ 220.50 483145 4/22/2022 SECURITY GUARD SERVICE~ 126.00 346.50
580963 5/20/2022 015190 PAYFLEX SYSTEMS, USA Ben2511439 5/20/2022 SEC 125 MEDICAL: PAYMENT 3,251 .22 3,251.22 580964 5/20/2022 030163 POWERHOUSE COMBUSTIOf\32466 2/10/2022 SERVICE CALL - SLUDGE HE, 858.75 858.75 580965 5/20/2022 033634 PRIDESTAFF INC 301535554 5/1/2022 GOLF COURSE GROUNDS KE 2,966.40 2,966.40 580966 5/20/2022 003798 R & R PRODUCTS, INC CD2666184 4/26/2022 GRINDING DISCS 174.14 174.14 580967 5/20/2022 008282 RAY COMPANY INC, J L 1-13712 5/3/2022 JL RAY - PIER CONCESS BLD 27,210.00 27,210.00 580968 5/20/2022 000207 ROD'S TREE SERVICE INC 120-11-22 5/6/2022 TREE WORK 4,950.00 4,950.00 580969 5/20/2022 000635 SAN CLEMENTE CITY EMPLO"Ben2511435 5/20/2022 DUES-SCCEA:PAYMENT 1,470.00 1,470.00 580970 5/20/2022 014307 SAN CLEMENTE TIMES LLC 13189 4/29/2022 PUBLIC EDUCATION AND ou· 600.00 13187 4/29/2022 NOTICE OF INVITING BIDS 5,664.88 6,264.88 580971 5/20/2022 001174 SAN DIEGO GAS & ELECTRIC 050522 5/5/2022 0027990887365 DISTRIBUTIO 166.37 050422 5/4/2022 0007041665671 DISTRIBUTIO 758.07
051122G 5/11/2022 0006191078453 DISTRIBUTIO 62,034.31
050322 5/3/2022 0025424688532 DISTRIBUTIO 18,081.94
O') 050222 5/2/2022 0019137335267 DISTRIBUTIO 12,562.17 93,602.86 ~580972' 5/20/2022 031219 SAVAGE DENMARK. JENNIFEf031522-031722 4/7/2022 JPIA LEADERSHIP EXP REIM! 109.08 109.08 I ~580973 5/20/2022 034007 SHANLEY, DREW 3 5/9/2022 FNF OFFICIAL 240.00 240.00 ---580974 5/20/2022 028020 SILVER & WRIGHT LLP 29486 4/1/2022 OCSD LEGAL SERVICES FOR 8,300.00 .i:,. 29326 4/1/2022 CODEENFORCEMENTLEGA 16,844.39 25,144.39 0 ':;:580975 5/20/2022 008357 SIMPLOT TURF & HORTICULT205081175 4/22/2022 FERTILIZER 457.94 457.94 ~ 580976 5/20/2022 002431 SMART & FINAL IRIS, INC. 897388 5/6/2022 ACCT #60124600010399088 252.77 252.77 Page:4
apChkLst Final Check List Page: 5
05/18/2022 12:57:59PM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 580977 5/20/2022 033577 SMITH, RILEY N 14 5/9/2022 FLAG FOOTBALL OFFICIAL 240.00 240.00 580978 5/20/2022 000817 SOUTH COAST WATER DISTR3778 5/4/2022 FY22 GIP FOR SOUTH COASl 161,722.46 161,722.46 580979 5/20/2022 003204 SOUTHERN CALIF GAS CO, ll\042922B 4/29/2022 01060702006 GAS SERVICES 89.02 050622 5/6/2022 09050726000 GAS SERVICES 16.08 105.10
580980 5/20/2022 028725 SPAN, EILEEN 050122 5/1/2022 CONTRACT INSTRUCTOR PA 5,869.50 5,869.50 580981 5/20/2022 033747 SPEEDY FIX INC PP3 5/11/2022 PN 29103 - PARK MONUMENl 12,734.75 12,734.75 580982 5/20/2022 006483 STANTEC CONSULTING INC 1920410 5/11/2022 PNS 17337 18325 - PICO CLA: 458.50 1920056 5/10/2022 PN 12609 - SHORECLIFFS GC 752.00 1,210.50 580983 5/20/2022 034008 SULLIVAN, RILEY 5 5/9/2022 FNF OFFICIAL 180.00 180.00 580984 5/20/2022 033401 THOMAS SOLAR ENERGY PPS 5/9/2022 PNS 21406 21206 - BLDG. N R 4,008.32 4,008.32 580985 5/20/2022 003436 TONY'S LOCKSMITH 45502 5/3/2022 KEYS/LOCK REPAIR 150.00 150.00 580986 5/20/2022 000976 TURBO DATA, INC 37389 4/30/2022 CITATION PROCESSING FY 2, 2,337.91 37390 4/30/2022 ADMIN CITATION PROCESSII\ 2,941 .24 5,279.15 580987 5/20/2022 007027 TURF STAR, INC 7208407-01 5/5/2022 IRRIGATION PARTS 268.38 7217504-00 3/21/2022 IRRIGATION PARTS 1,436.61 1,704.99 580988 5/20/2022 022435 ULINE, INC. 148567629 5/5/2022 SUPPLIES FOR REC SPEC E\ 849.45 849.45 580989 5/20/2022 001088 UNDERGROUND SERVICE ALIDSB20211157 5/1 /2022 UNDERGROUND SERVICE FC 74.38 420220596 5/1/2022 UNDERGROUND SERVICE FC 219.55 293.93 580990 5/20/2022 001562 UNIVERSAL PRESS, INC 76330 5/2/2022 CINCO DE MAYO FLYERS & P 188.56 76236 3/30/2022 PRINTING 592.63 781.19
580991 5/20/2022 013109 VERIZON 9905012565 4/25/2022 CITYWIDE CELLULAR SERVI( 8,259.73 8,259.73 580992 5/20/2022 033407 VERTIV CORPORATION 13090549 4/22/2022 CONDENSER FAN REPLACE~ 3,276.04 3,276.04 580993 5/20/2022 026329 VICK, MICHAEL 31 5/9/2022 FRIDAY NIGHT FOOTBALL OF 240.00 240.00 580994 5/20/2022 003242 WALMART COMMUNITY CAR[1641498356 4/19/2022 A/C#645889 867.57 867.57 580995 5/20/2022 020106 WASTE MANAGEMENT 0052818-2510-8 5/2/2022 GUST #8-22128-45006 568.43 568.43 580996 5/20/2022 005046 WELLS PIPELINE MATERIALS SINV22-2127 4/28/2022 PIPELINE MATERIALS 3,954.43 SINV22-2168 5/5/2022 PIPELINE MATERIALS 1,551.60 5,506.03 580997 5/20/2022 030571 WEST COAST CODE CONSUL222-04-458-01 5/4/2022 WEST COAST CONSULTANT~ 9,095.46 9,095.46 0) 580998 5/20/2022 014363 WEST MARINE PRO 6241 5/4/2022 PAINT 676.47 676.47 I ---.J 580999 5/20/2022 031253 WESTFALL, RACHEL 050522 5/5/2022 CONTRACT INSTRUCTOR PA 819.00 819.00 I N 581000 5/20/2022 016254 WILLKIE, CORRIE 29 5/5/2022 ADULT SOFTBALL OFFICIALS 360.00 360.00 N --- 581001 5/20/2022 000870 WITTMAN ENTERPRISES, LLC2204023 5/10/2022 AMBULANCE BILLING SERVI( 7,341.60 7,341.60 ~ 0 581002 5/20/2022 027059 ZAPP PEST MANAGEMENT 16971 4/27/2022 PEST CONTROL SERVICE 105.00 ......... .__.
..... 17048 4/27/2022 PEST CONTROL SERVICE 130.00 235.00 I 0)
Page: 5
apChkLst
05/18/2022 12:57:59PM
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Final Check List

SAN CLEMENTE
Page: 6
Sub total for BANK OF THE WEST: 1,900,848.13
Page:6
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apChkLst
05/18/2022 12:57:59PM
112 checks in this report.

Final Check List

SAN CLEMENTE
Grand Total All Checks:

Page: 7
1,900,848.13
Page: 7
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Warrant Listing
Anthem v. City of SC
PRA Overage
TCA/241 Ext-Non Lit
Triangle Site Condem
Liti/Admin Hearing
Housing Human Right C3
Public Records Act
Retainer for Legal Services
BBK Warrant Listing Detail
Detailed Description
Anthem v. City of San Clemente (La Ventana)- Defense of Writ Petition and Complaint with regard to STLU at 2813 La Ventana
Public Records Act (PRA) Overage-PRA work over 25 hours TCA- Non-litigation transactional work related to proposed San Clemente SR-241 Triangle Site Condemnation
General Litigation / Admin Hearings (Special)- general litigation matters (as defined under Brown Act) Housing is a Human Right No. 3 (CEQA)
Services in Connection with Public Records Act Requests- Budgeted 25 Hours Fixed Rate Retainer Fee for General, Departmental and Non-Departmental Legal Services. In connection with the following matters: 01100, 01110, 01120, 01200, 01300, 01400, 1410, 01420, 01421, 01500,01510,01520, 01600, 01700, 01900.
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CITY OF SAN CLEMENTE

CERTIFICATION OF WARRANTS

I HEREBY SUBMIT THE ATTACHED

WARRANT REGISTER FOR AUDIT

AND APPROVAL BY THE CITY

COUNCIL, CITY OF SAN CLEMENTE

CITY MANAGER
ATTEST: __________ _

CITY CLERK

I HEREBY CERTIFY TO THE ACCURACY OF THE FOREGOING

DEMANDS AND THAT FU I SARE AVAILABLE FOR PAYMENT
THEREOF: /
I I
l

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL
HELD (pl 'l I W2.2
IN THE AMOUITT OF$ 1 009 813.65 --'---'-"'~~='-------
MAYOR

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003

CITY TREASURER
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apChklst Final Check List Page: 1
05/25/2022 11 :03:38AM SAN CLEMENTE
Bank : citv BANK OF THE WEST
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 2654 5/27/2022 024009 CA PUB EMP RETIREMENT S'rPP#10/22 5/15/2022 PERS CONTRIBUTIONS FOR 82,519.00 82,519.00 2655 5/27/2022 002474 CA PUB EMPLOY RETIREMENPP10/22 5/15/2022 PERS CONTRIBUTIONS 5,793.03 5,793.03 581003 5/27/2022 016621 41MPRINT.COM 22936451 5/17/2022 CERT SUPPLIES 2,837.74 2,837.74 581004 5/27/2022 034105 ADLER. BRIAN 38246752 5/3/2022 CLASS REFUND DUE TO MO\ 192.00 38215969 5/2/2022 CLASS REFUND DUE TO MO\ 217.00 409.00 581005 5/27/2022 017063 ADMINSURE INC. 15124 5/15/2022 CLAIMS ADMINISTRATION - A 1,908.00 1,908.00 581006 5/27/2022 020113 ALBERT, SOPHI 051622 5/16/2022 CONTRACT INSTRUCTOR PA 1,344.00 1,344.00 581007 5/27/2022 000802 ALL AMERICAN ASPHALT RETENTION 5/17/2022 FY20,21,22 - ANNUAL STR. M, 95,902.78 95,902.78 581008 5/27/2022 028632 ANDERSON CONSTRUCTION,74672 2/16/2021 DEPOSIT REFUND -HYDR ME 711 .00 711 .00 581009 5/27/2022 034104 ANDERSON, TAYLOR 38215699 5/2/2022 REFUND DUE TO SCH ED COi 167.00 167.00 581010 5/27/2022 005201 APPLE ONE 01-6300873 5/11/2022 TEMPORARY OFFICE SPEC!/ 1,695.32 01-6300872 5/11/2022 APPLEONE 1,811.46 3,506.78
581011 5/27/2022 001484 ARC DOCUMENT SOLUTIONS11227014 5/16/2022 PRINTING & COPYING COST! 303.20 303.20 581012 5/27/2022 017703 ATHENS SERVICES 12169187 4/30/2022 GRIT & SCREENINGS SERVIC 2,116.20 2,116.20 581013 5/27/2022 019898 ATS COMMUNICATIONS 917483 5/4/2022 LA03597B - MAY 2022 PAYMEI 567.00 917182 4/28/2022 LA23187D -APR. 2022 PAYME 632.01 1,199.01 581014 5/27/2022 034125 BAKER. MEGHAN 38356752 5/6/2022 REFUND DUE TO CHANGE IN 227.00 227.00 581015 5/27/2022 034149 BARRY SAYWITZ PROPERTIERef002511477 5/18/2022 UB Refund Cst #094409 19,340.64 19,340.64 581016 5/27/2022 019454 BASICS OF SKATEBOARDING 051822 5/18/2022 CONTRACT INSTRUCTOR PA 228.20 228.20 581017 5/27/2022 034165 BEACH CITY BIN CLEANERS BL321517 4/19/2022 REFUND BL 35.00 35.00 581018 5/27/2022 033962 BKF ENGINEERS 22050785 5/12/2022 PN 16004 - MONTALVO CANY· 2,645.00 2,645.00 581019 5/27/2022 021706 BOARDTRONICS INC 19735 5/12/2022 ELECTRONIC FACE PLATE E< 317.86 317.86 581020 5/27/2022 002627 BORELLA GEOLOGY, INC. ENG20-015 5/10/2022 GEOTECHNICAL REVIEW 375.00 375.00 581021 5/27/2022 034102 BROWN, JACKIE 38164795 5/1/2022 CAMP REFUND 112.00 112.00 581022 5/27/2022 034139 BUSCH, ANNIE 38233405 5/3/2022 REFUND OF DEPOSIT 50.00 50.00 581023 5/27/2022 025623 BUSSER, REMEE-ROSE 38311548 5/5/2022 REFUND DUE TO SCH ED COi 157.00 157.00 581024 5/27/2022 003231 CALIFORNIA DEPT OF JUSTIC572551 4/5/2022 FINGERPRINT PROCESSING 288.00 288.00 0)
I 581025 5/27/2022 029136 CALIFORNIA STREET LIGHTll\853 5/13/2022 CA ST LTNG - RETROFIT ILLU 8,800.00 8,800.00 --.J 581026 5/27/2022 027238 CALPINE ENERGY SOLUTION2213300163322, 5/13/2022 ELECTRICITY A/C #281213 283.77 283.77 I N
N 581027 5/27/2022 022636 CARE AMBULANCE SERVICE 22-000481 5/23/2022 AMBULANCE SERVICES FY 2 26,012.08 --.r:,.. 22-000482 5/23/2022 AMBULANCE SERVICES FY 2 26,012.08 52,024.16 0 581028 5/27/2022 016868 CARTENO, JOSE LUZ 37963196 4/25/2022 REFUND OF DEPOSIT 50.00 50.00 ~ 581029 5/27/2022 012397 CENTRAL COMMUNICATIONS000024-954-401 5/1/2022 24-HOUR PHONE ANSWERIN 472.25 472.25 I N 581030 5/27/2022 034123 CHARLES KING COMPANY 2219-01REVISE 4/26/2022 CALAFIA EMERGENCY SEWE 22,095.25 22,095.25 Page: 1
apChkLst Final Check List Page: 2
05/25/2022 11:03:38AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 581031 5/27/2022 034132 CLINEBELL, BRENNAN 38240640 5/3/2022 REFUND DUE TO SCHED COi 91.00 91.00 581032 5/27/2022 008921 COASTLINE AUTOMOTIVE INCBL 15986 4/19/2022 REFUND BL 38.00 BL305360 4/19/2022 REFUND BL 38.00 76.00
581033 5/27/2022 001394 COOK PGAGOLF SHOP INC, 1052522 5/25/2022 05/16/22 - 05/22/22 WEEKLY P 22,921.42 22,921.42 581034 5/27/2022 034144 CORTEZ, DANIEL 38233310 5/3/2022 REFUND OF DEPOSIT 50.00 50.00 581035 5/27/2022 006090 COX COMMUNICATIONS 048750601 5/1/2022 NC 001 7601 048750601 101.39 5017601048750( 5/1/2022 A/C 501 7601 048750601 235.71 337.10 581036 5/27/2022 019019 COX, KIRK 38231455 5/3/2022 REFUND OF DEPOSIT 37.50 37.50 581037 5/27/2022 033629 CRAWFORD, TIFFANY 37963175 4/25/2022 REFUND OF DEPOSIT 50.00 50.00 581038 5/27/2022 019513 CULINARY COOKING KIDS, LL051622 5/16/2022 CONTRACT INSTRUCTOR PA 378.00 378.00 581039 5/27/2022 025436 DAD'S LIQUOR & DELI BL428 4/19/2022 REFUND BL 50.00 50.00 581040 5/27/2022 024536 DALE HECTOR PAINTING 1731 5/9/2022 DALE HECTOR PAINTING - R~ 7,800.00 7,800.00 581041 5/27/2022 021616 DE GREE, ZDENKA 38164643 5/1/2022 REFUND - SCHEDULE CON FL 202.00 202.00 581042 5/27/2022 029238 DE-FRAJA, ROSCELIA 37963215 4/25/2022 REFUND OF DEPOSIT 50.00 50.00 581043 5/27/2022 005410 DEIST-BINSFIELD, INC 2097 5/16/2022 FY 22 - AS-NEEDED BLANKEl 577.50 2098 5/16/2022 FY 22 -AS-NEEDED BLANKEl 8,190.00 8,767.50 581044 5/27/2022 034101 DEMORO, JENNIFER 38052819 4/28/2022 REFUND - SCHEDULE CO NFL 152.00 152.00 581045 5/27/2022 002647 DENAULTS HARDWARE, INC 510958 5/5/2022 HARDWARE & MAINT SUPPL! 39.31 511116 5/13/2022 HARDWARE & MAINT SUPPL! 7.75
511156 5/16/2022 HARDWARE & MAINT SUPPLI 62.16 109.22
581046 5/27/2022 029956 DIAZ, INES 37963266 4/25/2022 REFUND OF DEPOSIT 50.00 50.00 58104 7 5/27/2022 034137 DIAZ, REBECCA 38233518 5/3/2022 REFUND OF DEPOSIT 50.00 50.00 581048 5/27/2022 032475 DMC ENGINEERING 03-22-027 4/30/2022 ENG22-006, 256 W AVENI DA F 1,360.00 03-22-025 4/30/2022 ENG20-057, IN-N-OUT BURGE 830.00
03-22-026 4/30/2022 ENG19-028, 155 DEL MAR, ZC 1,360.00 3,550.00 581049 5/27/2022 034128 DUCKWALL COURTNEY, AMY 38320384 5/5/2022 REFUND CHANGED MIND 75.00 38319974 5/5/2022 REFUND CHANGED MIND 75.00
38319687 5/5/2022 REFUND CHANGED MIND 75.00
0) 38319338 5/5/2022 REFUND CHANGED MIND 259.00 484.00 I 596.00 596.00 -;-J 581050 5/27/2022 034135 DUNCAN.HALEY 38280625 5/4/2022 REFUND DUE TO SCHED COi ~ 581051 5/27/2022 034129 EKINAKA, JULIET 38292493 5/4/2022 REFUND FOR CANCELLATIOI 126.00 -- 38292492 5/4/2022 REFUND FOR CANCELLATIOI 155.00
~ 38292494 5/4/2022 REFUND FOR CANCELLATIOI 102.00 383.00 0 'N 581052 5/27/2022 011576 EQUIFAX INFORMATION SER\2052394304 5/5/2022 UTILITIES CREDIT SCORING 70.12 70.12 .__., w 581053 5/27/2022 034103 ERDOSI, MIRIAM 38194914 5/2/2022 REFUND DUE TO SCHED COi 1,160.00 1,160.00 Page:2
apChkLst Final Check List Page: 3
05/25/2022 11:03:38AM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 581 054 5/27/2022 033833 ETNYRE, CHRISSY 37953915 4/25/2022 REFUND - NOT SATISFIED 167.00 167.00 581055 5/27/2022 000026 FEDERAL EXPRESS CORP 7-747-74971 5/6/2022 SHIPPING CHARGES 18.55 18.55 581056 5/27/2022 002042 FIRST VEHICLE SERVICES 11803620 5/22/2022 FLEET SERVICES CONTRAC- 48,386.25 11803625 5/22/2022 FLEET SERVICES NON-CON1 803.87 49,190.12 581057 5/27/2022 033869 FITNESS EQUIPMENT SPECl..011132 4/19/2022 TREADMILL REPAIR 747.96 747.96 581058 5/27/2022 034099 GALBASINI, JACKIE 38314154 5/5/2022 REFUND DUE TO SCH ED COi 217.00 37993834 4/26/2022 CAMP REFUND - SCHEDULE 485.00 702.00 581059 5/27/2022 026350 GARCIA, MARA 38233332 5/3/2022 REFUND OF DEPOSIT 50.00 50.00 581060 5/27/2022 016376 GCI CONSTRUCTION INC PP4RETENTIOI' 5/20/2022 PN 10016 - N ECR/SAN CLEMI 12,523.03 12,523.03 581061 5/27/2022 034109 GEACH, LAUREN 37963245 4/25/2022 REFUND OF DEPOSIT 50.00 50.00 581062 5/27/2022 024930 GENERAL DATA CO,. INC. - SC0108994 4/18/2022 TONER FOR DESK TOP PRIN 115.55 115.55 581063 5/27/2022 032612 GIANT CO2 133411 5/9/2022 CHEMICAL SUPPLIES 228.96 228.96 581064 5/27/2022 034141 GOMEZ, CAROLINA 38233485 5/3/2022 REFUND OF DEPOSIT 50.00 50.00 581065 5/27/2022 034146 GOMEZ, HUMBERTO 38233277 5/3/2022 REFUND OF DEPOSIT 50.00 50.00 581066 5/27/2022 023803 GONZALEZ, STEPHANIE 38233228 5/3/2022 REFUND OF DEPOSIT 50.00 50.00 581067 5/27/2022 033781 GRIFFIN, ASHLEY 38283480 5/4/2022 REFUND CHANGED MIND 91.00 91.00 581068 5/27/2022 001140 HACH COMPANY 13018917 5/4/2022 LAB SUPPLIES 472.83 13026594 5/9/2022 LAB SUPPLIES 814.04
13036760 5/14/2022 LAB SUPPLIES 637.74
13038607 5/16/2022 LAB SUPPLIES 123.09 2,047.70
581069 5/27/2022 033437 HALLEY, KAREN 051222 5/12/2022 INSTRUCTOR PAYMENT 665.00 665.00 581070 5/27/2022 013778 HASTY AWARDS 04222645 5/6/2022 TROPHY & MEDALS 695.22 695.22 581071 5/27/2022 034166 HILLMAN TRUST BL310688 4/19/2022 REFUND BL 68.00 68.00 581072 5/27/2022 034131 HILLMAN, TWYLA 38246506 5/3/2022 REFUND OF DEPOSIT 50.00 50.00 581073 5/27/2022 023688 HINRICHS, DDS, DAVID J BL27002 4/19/2022 REFUND BL 85.00 85.00 581074 5/27/2022 031322 HOUK, GABBY 37963342 4/25/2022 REFUND OF DEPOSIT 50.00 50.00 581075 5/27/2022 034100 HUGSTAD, KRISTIN 38001735 4/26/2022 REFUND - SCHEDULE CON FL 269.00 38001794 4/26/2022 REFUND - SCHEDULE CONFl 269.00
0)
I 38001561 4/26/2022 REFUND - SCHEDULE CONFL 269.00 807.00 ......

I 581076 5/27/2022 003185 IDEXX DISTRIBUTION, INC. 3106215379 5/9/2022 LAB SUPPLIES/ PARTS 322.58 322.58 N
N 581077 5/27/2022 034148 INCOMM DIGITAL SOLUTIONSHZF-GC3 5/18/2022 PREPAID SPOTIFY MEMBER!: 700.00 700.00 -- 581078 5/27/2022 012787 INFOSEND, INC. 212363 5/2/2022 UTILITY BILL PROCESSING 889.96 -t>- 0 211027 4/18/2022 UTILITY BILL PROCESSING 7,177.80 ,..-.._ ~ 211028 4/18/2022 UTILITY BILL PROCESSING 9.18 I
-t>- 212169 4/29/2022 UTILITY BILL PROCESSING 15.00 8,091 .94 Page: 3 .,,
apChkLst Final Check List Page: 4
05/25/2022 11:03:38AM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 581079 5/27/2022 03377 4 JACOBSON, DEBBIE 38015449 4/27/2022 REFUND - MEDICAL REASON 157.00 157.00 581080 5/27/2022 027468 KANATSIZ COMMUNICATIONEBL28813 4/19/2022 REFUND BL 80.00 80.00 581081 5/27/2022 034140 KANDEV, KATRINA 38233433 5/3/2022 REFUND OF DEPOSIT 50.00 50.00 581082 5/27/2022 022964 KAUFFMAN, JAMIE 37948600 4/25/2022 REFUND - CHANGED MIND 167.00 167.00 581083 5/-27/2022 034133 KIRKLAND, ASHLEY 38290655 5/4/2022 REFUND FOR DEP FROM NO 50.00 50.00 581084 5/27/2022 020138 KRIEGER ELECTRIC 32835 5/9/2022 HAND DRYERS 1,440.00 32836 5/9/2022 BALLAST REPLACEMENT 480.00 1,920.00
581085 5/27/2022 034098 LAOLAGI, ERLINDA 37993322 4/26/2022 REFUND - MEDICAL REASON 60.00 60.00 581086 5/27/2022 034142 LEE, LAURA 38233452 5/3/2022 REFUND OF DEPOSIT 50.00 50.00 581087 5/27/2022 019816 LGC GEOTECHNICAL INC 01 -17307 4/1/2022 ENG22-096, 9 VIA TUNAS 180.00 01-17306 4/1/2022 ENG22-090, 501 ELENA LN 810.00
01-17305 4/1/2022 ENG22-022, SEACREST APAR 1,252.50
01-17308 4/1/2022 ENG22-048, 129 AVENI DA FLC 1,620.00 3,862.50 581088 5/27/2022 013599 LIFEGUARD STORE INC INV001179079 4/28/2022 BACKBOARD HEADBED PLAT 200.42 INV001188388 5/13/2022 HIP PACKS, CPR POCKET M.A 668.06 868.48 581089 5/27/2022 007564 LOWE'S COMPANIES, INC. 24656 4/30/2022 #0333392 SUPPLIES 24.00 09549 5/2/2022 #0333392 SUPPLIES 83.36
10802 5/4/2022 #0333392 SUPPLIES 79.25
09238 5/10/2022 #0333392 SUPPLIES 280.11
10112 5/6/2022 #0333392 SUPPLIES 224.14
9009 4/29/2022 #0333392 SUPPLIES 18.92
24006 4/22/2022 #0333392 SUPPLIES 16.33
03081 5/12/2022 #0333392 SUPPLIES 98.90
24007 4/22/2022 #0333392 SUPPLIES 92.73
24844 4/26/2022 #0333392 SUPPLIES 5.11
76100 5/5/2022 #0333392 SUPPLIES 327.56
24452 5/10/2022 #0333392 SUPPLIES 61.82
24364 5/10/2022 #0333392 SUPPLIES 69.80
0) 11016 5/4/2022 #0333392 SUPPLIES 174.65 I 09821 5/18/2022 #0333392 SUPPLIES 139.82 --J I
N 24683 5/18/2022 #0333392 SUPPLIES 121 .22 1,817.72
N 4/19/2022 REFUND BL 23.60 23.60 -._ 581090 5/27/2022 034167 LOYNES CONSTRUCTION INCBL319820 -ts 581091 512112022 002552 LUCY, KAREN A MATHEWS 051822 5/18/2022 INSTRUCTOR PAYMENT 831 .60 831.60 r:::3 581092 5/27/2022 027327 LYFT INC 1001043124 4/30/2022 FY22 LYFT PSA FOR OCTA SC 13,489.09 13,489.09 -z-; 581093 5/27/2022 034168 M&M SMOG TEST ONLY PRO BL304724 5/6/2022 REFUND BL 74.00 74.00 Page:4
apChkLst Final Check List Page: 5
05/25/2022 11:03:38AM SAN CLEMENTE
Bank: citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 581094 5/27/2022 034145 MACHADO, AMY 38233194 5/3/2022 REFUND OF DEPOSIT 50.00 50.00 581095 5/27/2022 034138 MAK, MICHELLE 38236982 5/3/2022 REFUND FOR CANCELLED C 150.00 38236981 5/3/2022 REFUND FOR CANCELLED C 150.00 300.00
581096 5/27/2022 029752 MCCANN, JENNIFER 38236777 5/3/2022 REFUND REGISTRATION ERF 167.00 167.00 581097 5/27/2022 026389 MISSION COMMUNICATIONS 11064209 4/30/2022 SERVICE PACKAGES 1,245.60 1,245.60 581098 5/27/2022 027155 MISSION LINEN SUPPLY 51"6182715 12/27/2021 UNIFORM RENTAL 30.30 516264442 1/10/2022 UNIFORM RENTAL 34.65
516443106 2/7/2022 UNIFORM RENTAL 36.49 101.44
581099 5/27/2022 029204 MORENO, GILBERTA 38233378 5/3/2022 REFUND OF DEPOSIT 50.00 50.00 581100 5/27/2022 034110 MOSS, KIM 37963155 4/25/2022 REFUND OF DEPOSIT 50.00 50.00 581101 5/27/2022 024037 MOTA, SONIA 38233360 5/3/2022 REFUND OF DEPOSIT 50.00 50.00 581102 5/27/2022 011117 MTGL, INC. 0067198 5/6/2022 COUNCIL CHAMBER Tl PROJ 502.32 502.32 581103 5/27/2022 006627 MUNI WATER DIST OF ORANC16984 4/27/2022 OPERATION & MAINT. COST!: 2,323.14 2,323.14 581104 5/27/2022 034136 NATIONAL BRAIN TUMOR SOC38276849 5/4/2022 REFUND OF DEPOSIT 600.00 600.00 581105 5/27/2022 014259 NEWEST CONSTRUCTION CCPP5 4/15/2022 CONTRACT FOR WRP DIGES 78,878.88 78,878.88 581106 5/27/2022 027224 NIERMANN, CYNTHIA B 051222 5/12/2022 CONTRACT INSTRUCTOR PA 1,601.60 1,601 .60 581107 5/27/2022 030946 NUNES, AMANDA 38233174 5/3/2022 REFUND OF DEPOSIT 50.00 50.00 581108 5/27/2022 023015 NURSERY PRODUCTS LLC 29363 5/1/2022 TRANSPORT OF BIOSOLIDS. 26,223.99 26,223.99 581109 5/27/2022 020603 O'CONNELL ENGINEERING & FINAL RETENTI 5/20/2022 PN 24200 - CAPISTRANO LAN 2,450.00 PP7 5/12/2022 MONITORING SERVICES FOF 79,788.60 82,238.60 581110 5/27/2022 001207 ODP BUSINESS SOLUTIONS L241864150001 4/26/2022 OFFICE SUPPLIES A/C #8983. 63.74 240223861001 5/2/2022 OFFICE SUPPLIES A/C #8983. 99.51
240245500001 5/2/2022 OFFICE SUPPLIES A/C #8983. 37.17
242114128001 5/2/2022 OFFICE SUPPLIES A/C #8983. 59.38
243700207001 5/6/2022 OFFICE SUPPLIESA/C #8983. 12.81
243700691001 5/6/2022 OFFICE SUPPLIES A/C #8983. 167.35 243700692001 5/6/2022 OFFICE SUPPLIES A/C #8983'. 7.85 447.81 581111 5/27/2022 016440 OLIN CORP - CH LOR ALKALI, 13000104536 5/5/2022 SODIUM HYPOCHLORITE 12.: 4,620.34 4,620.34 0) 581112 5/27/2022 008563 ONESOURCE DISTRIBUTORSS6950509.001 5/9/2022 SUPPLY 525.95 525.95 J -..J
J 581113 5/27/2022 001-086 ORANGE GOU NTY TREAS/TNSH61958 5/5/2022 AUTOMATED FINGERPRING I 2,527.00 2,527.00 N
N 581114 5/27/2022 020253 O'REILLY AUTO PARTS 2676-233471 5/11/2022 PARTS 14.57 - 2676-233403 5/10/2022 PARTS 25.83 40.40 .i,..
0 581115 5/27/2022 030206 ORTIZ, JASMINE 37963324 4/25/2022 REFUND OF DEPOSIT 50.00 50.00 -
~ 581116 5/27/2022 024251 PA & ASSOCIATES INC BL24763 5/5/2022 REFUND BL 59.00 59.00 J 0) 581117 5/27/2022 030172 PAJARO, REYLAN A 051222 5/12/2022 CONTRACT INSTRUCTOR PA 1,330.00 1,330.00 P~qe: 5
apChkLst
05/25/2022 11 :03:38AM
Final Check List

SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date V..:..ce=n=d=o..:..r ___________ =ln:...:.v-=-o=ic-=-e __ _ Inv Date Description 0)
I
581118 5/27/2022 009680
581119 5/27/2022 009583
581120 5/27/2022 002709
581121 5/27/2022 002728
581122 5/27/2022 010978
581123 5/27/2022 021857
581124 5/27/2022 034150
581125 5/27/2022 034108
581126 5/27/2022 033673
581127 5/27/2022 033634
581128 5/27/2022 003944
581129 5/27/2022 034124
581130 5/27/2022 023693
581131 5/27/2022 009470
581132· 5/27/2022 001029
581133 5/27/2022 000067
581134 5/27/2022 034134
581135 5/27/2022 000768
581136 5/27/2022 014307
581137 5/27/2022 008656
581138 5/27/2022 001174
581139 5/27/2022 001174
-;--J 581140 5/27/2022 033907
N
N
--~
0 N 581141 5/27/2022 000912
~ 581142 5/27/2022 027434
PAR WEST TURF SERVICES 11 162134 5/6/2022 LAPPING COMPOUND PAYFLEX SYSTEMS USA INC 100576-1700202 5/10/2022 ADMIN FEES HEALTH/ DEP C PETTY CASH 051722 5/17/2022 REPLENISH PETTY CASH
PETTY CASH 051722 5/17/2022 REPLENISH PETTY CASH
PETTY CASH 051822 5/18/2022 REPLENISH PETTY CASH
PETTY CASH -AQUATICS CEt051622 5/16/2022 REPLENISH PETTY CASH PHAIRAS, MATTHEW GRAY 0001 5/5/2022 BAND CONTRACT 6/9/2022 PHILLIPS, SARAH 37963230 4/25/2022 REFUND OF DEPOSIT
POWERCLEAN 7320 4/28/2022 POWERCLEAN - PRESSURE '
PRIDESTAFF INC 301538048 5/8/2022 GOLF COURSE GROUNDS KE QUICK CRETE PRODUCTS CC125079 5/16/2022 CUSTOM CARE PROGRAM Bl RACICOT, KATHARINE 38351277 5/6/2022 REFUND OF CREDIT ON ACC 38351279 5/6/2022 REFUND OF CREDIT ON ACC
38351280 5/6/2022 REFUND OF CREDIT ON ACC
RALPHS GROCERY BL306309 4/19/2022 REFUND BL
REBENSDORF. DAVID 51769 5/12/2022 LICENSE RENEWAL REIMBUF RED WING BUS ADVANTAGE 12022050503620! 5/5/2022 NC #36205 / WORK BOOTS RINCON TRUCK CENTER INC 342280 5/2/2022 PARTS
341324 4/21/2022 PARTS
341851 4/21/2022 PARTS
RODRIGUEZ-ROS1VOLD. PAT38240521 5/3/2022 REFUND FOR SURF CAMP SAN CLEMENTE CITYWATER051022 5/10/2022 WATER SERVICE
SAN CLEMENTE TIMES LLC 13246 4/29/2022 PUBLICATION OF PUBLIC NO 13188 4/29/2022 PUBLIC NOTICES
SAN CLEMENTE. CITY OF 050922 5/9/2022 JR. LIFEGUARD SCHOLARSH 051022-051222 5/17/2022 RECREATION SCHOLARSHIP
SAN DIEGO GAS & ELECTRIC050422A 5/4/2022 0025190122526 DISTRIBUTIO SAN DIEGO GAS & ELECTRIC 110921 11/9/2021 0001151356015 DISTRIBUTIOI 111021A 11/10/2021 0032099554056 DISTRIBUTIO
SCHAEFFER CONSTRUCTIOt--1506 5/19/2022 PIER REPAIR SERVICES 1496 5/4/2022 PIER CONCESSION CONSTR
1497 5/4/2022 PIER CONCESSION CONSTR
1500 5/4/2022 PIER CONCESSION CONSTR
SITEONE LANDSCAPE SUPPL 119040475-001 5/11/2022 WIRE SPLICE KITS SKIPPER. PAUL 030222-042822 5/9/2022 MILEAGE REIMBURSEMENT Amount Paid
193.42
224.66
135.62
184.50
112.17
453.40
2,000.00

50.00 1,340.00
3,338.50
3,055.80

7.50 30.00
131.00
150.00
180.00
219.79

45.58 6.85
222.41
325.00
90,999.78
698.70
1,120.17
235.00
1,086.00
1,350.03
207.59
331.39
3,553.97
2,702.00
4,800.00
2,730.00
154.89
108.69
Page: 6
Check Total
193.42
224.66
135.62
184.50
112.17
453.40
2,000.00

50.00 1,340.00
3,338.50
3,055.80
168.50
150.00
180.00
219.79
274.84
325.00
90,999.78
1,818.87
1,321.00
1,350.03
538.98
13,785.97
154.89
108.69
Page: 6
apChklst Final Check List Page: 7
05/25/2022 11:03:38AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 581143 5/27/2022 005738 SKYHAWKS SPORTS ACADEl\,050622 5/6/2022 INSTRUCTOR PAYMENT 6,111 .55 6,111 .55 581144 5/27/2022 002431 SMART & FINAL IRIS, INC. 281 188 5/12/2022 ACCT #60124600010399088 177.35 006777 5/12/2022 ACCT #60124600010399088 34.46 211.81
581145 5/27/2022 028119 SMART ENERGY WATER 5132 5/13/2022 CREDIT CARD PROCESSING 1,014.61 5101 5/3/2022 IVR FEES AND CHARGES 243.08
5131 5/13/2022 CREDIT CARD PROCESSING 5,101.79 6,359.48 581146 5/27/2022 034171 SMART, BECKY 38347420 5/6/2022 REFUND FOR WITHDRAWAL 227.00 227.00 581147 5/27/2022 034127 SMITH, DOREE 38320926 5/5/2022 REFUND FOR WITHDRAWAL 74.17 74.17 581148 5/27/2022 000311 SOUTH COAST AIR QUALITY f3987962 4/19/2022 ANNUALRENEWALFEES123 143.88 143.88 581149 5/27/2022 000208 SOUTHERN COUNTIES FUEL~2114053-IN 4/21/2022 FUEL FOR CYPRUS SHORE E 1,725.64 1,725.64 581150 5/27/2022 033267 SPINK FAMILY HOLDINGS LLC400715 5/6/2022 REFUND OF DEVELOPER DE 400.31 400.31 581151 5/27/2022 014098 STANDARD INSURANCE JUNE22 5/19/2022 INSURANCE 6,822.12 6,822.12 581152 5/27/2022 031390 STEWART, AMANDA 38186494 5/2/2022 REFUND FOR CANCELLATIOI 142.00 142.00 581153 5/27/2022 034111 SUNCOAST PREP ACADEMY, 37960049 4/25/2022 REFUND OF DEPOSIT 50.00 50.00 581154 5/27/2022 0197 48 SUNDRIED TOMATO CAFE 05072022 5/17/2022 LUNCH FOR CPR/AED TRAIN 379.17 052322LL 5/23/2022 LUNCH FOR CPR/AED TRAIN 318.89 698.06 581155 5/27/2022 032032 SUNSTATE EQUIPMENT CO Ll10630046-002 5/3/2022 CLOCK TOWER AND PIER CC 2,048.70 2,048.70 581156 5/27/2022 034106 TATNALL,BETTYANNE 37964395 4/25/2022 REFUND OF DEPOSIT 262.50 37964924 4/25/2022 RENTAL REFUND 37.50 300.00
581157 5/27/2022 019220 THE ADVANTAGE GROUP 141879 4/30/2022 COBRAADMINISTRATION 219.45 219.45 581158 5/27/2022 022730 THE CPR LADY INC CPR220122 5/16/2022 AHA BLS PROVIDER ECARD~ 153.00 153.00 581159 5/27/2022 030431 THE PUMA STORE BL315590 4/19/2022 REFUND BL 55.40 55.40 581160 5/27/2022 026315 THOMAS PARTITIONS & SPEC5289 4/29/2022 RESTROOM PARTITIONS - M, 4,077.50 5290 4/29/2022 RESTROOM PARTITIONS - FC 4,077.50
5291 4/29/2022 RESTROOM PARTITIONS - LIi 4,077.50
5303 5/5/2022 THOMAS PARTITIONS - F.RNl 5,645.00
5292 4/29/2022 RESTROOM PARTITIONS - T/1 4,077.50
5293 4/29/2022 RESTROOM PARTITIONS - RJ 4,077.50
0) 5294 4/29/2022 RESTROOM PARTITIONS - RJ 4,077.50 30,110.00 I --.J
I 581161 5/27/2022 033793 THOMCO CONSTRUCTION IN•PP4 5/12/2022 PN 12563 - CITY HALL COUNC 159,958.67 159,958.67 N
N 581162 5/27/2022 003511 TK ELEVATOR CORPORATIOl\3006593050 5/1/2022 TKE - ELEVATOR SVC - BLDG 2,488.02 2,488.02 -- 581163 5/27/2022 000397 TOAL ENGINEERING INC BL43 4/19/2022 REFUND BL 26.00 26.00 ~ 0 581164 5/27/2022 003567 TRENCH SHORING CO, INC Rl20192800 5/6/2022 RENTAL- CONCRETE K-RAIL 972.50 972.50 ~ 581165 5/27/2022 007027 TURF STAR, INC 7226889-00 5/16/2022 IRRIGATION PARTS 112.72 112.72 I co 581166 5/27/2022 034143 TURNER CONSTRUCTION 38233294 5/3/2022 REFUND OF DEPOSIT 50.00 50.00 Page:7
apChkLst Final Check List
0512512022 11:03:38AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check#
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581167
581168
581169
581170
581171
581172
581173
581174
581175
581176
581177
581178
581179
581180
581181
Date Vendor
5/27/2022 022435
5/27/2022 001680
5/27/2022 030375
5/27/2022 001562
5/27/2022 013109
5/27/2022 003374
5/27/2022 034169
5/27/2022 034151
5/27/2022 034130
5/27/2022 004246
5/27/2022 001131
5/27/2022 027395
5/27/2022 034107
5/27/2022 011451
5/27/2022 034170
Invoice Inv Date
ULINE, INC. 148913890 5/13/2022
UNITED RENTALS NORTH AM 205869649-001 5/10/2022
UNITY COURIER SERVICE INC478970 5/1/2022
UNIVERSAL PRESS, INC 76370 5/6/2022
76373 5/11/2022
VERIZON 9904912106 4/23/2022
VULCAN MATERIALS COMPM73270445 4/29/2022
WANG, HEATHER BL321540 4/19/2022
WATER EDUCATION GROUP 22-201 4/7/2022
WENGER, SARAH 38291604 5/4/2022
38293492 5/4/2022
38291606 5/4/2022
WHITE WATER REALTY INC BL4121 4/19/2022
WHITE, EILEEN BERNADETTESCPC-04-2022 5/8/2022
WHITMORE, YVETTE 38311344 5/5/2022
WINNEKER, HOLLY 37963300 4/25/2022
XYLEM DEWATERING SOLUTl401165951 5/3/2022
YODER CONSTRUCTION BL315480 4/19/2022
Page: 8
Descriotion Amount Paid Check Total
OFFICE EQUIPMENT 128.39 128.39
EQUIPMENT RENTAL 193.95 193.95
UTILITY BILLING COURIER SI 531.48 531.48
WATER QUALITY REPORTS 533.36
PROCLAMATION PAPER FOR 2,661.43 3,194.79
NC#742044077-00001 39.54 39.54
PAVING MATERIALS 2,342.46 2,342.46
REFUND BL 50.00 50.00
WATER PLAYING CARDS 972.44 972.44
REFUND FOR CREDIT ON AC 153.00
REFUND FOR CREDIT ON AC 78.00
REFUND FOR CREDIT ON AC 136.00 367.00
REFUND BL 49.00 49.00
PROFESSIONAL SERVICES 220.00 220.00
REFUND CHANGED MIND 227.00 227.00
REFUND OF DEPOSIT 50.00 50.00
EMERGENCY RENTAL EQUIP 693.91 693.91
REFUND BL 25.40 25.40
Sub total for BANK OF THE WEST: 1,009,813.65
Page:8
apChkLst
05/25/2022 11 :03:38AM
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Final Check List

SAN CLEMENTE
Grand Total All Checks:

Page: 9
1,009,81 3.65
Page:9
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CITY OF SAN CLEMENTE

CERTIFICATION OF WARRANTS

I HEREBY SUBMIT THE ATTACHED

WARRANT REGISTER FOR AUDIT

AND APPROVAL BY THE CITY

COUNCIL, CITY OF SAN CLEMENTE

CITY MANAGER
ATTEST: __________ _

CITY CLERK

I HEREBY CERTIFY TO THE ACCURACY OF THE FOREGOING
DEMANDS AND THAT FUNDS • AVAILABLE FOR PAYMENT
THEREOF:

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL
HELD ------------- 1 N THE AMOUNT OF $-'-'4'-"--52=-4=2=3'-'-1=.2-"-0 ___ _ MAYOR

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003

CITY TREASURER
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apChkLst Final Check List Page: 1
06/01/2022 1:47:24PM SAN CLEMENTE
Bank: citv BANK OF THE WEST
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 2656 6/3/2022 000964 CALPERS 1000000168087( 5/16/2022 MEDICAL PREMIUMS 14,385.51 14,385.51 2657 6/3/2022 000964 CALPERS 1000000168086! 5/16/2022 MEDICAL PREMIUMS 209,011.15 209,011.15 2658 6/3/2022 001819 FEDERAL WITHOLDING TAX Ben2511985 6/3/2022 FEDERAL TAX:PAYMENT 147,118.85 147,118.85 2659 6/3/2022 004156 CALIF, STATE OF, EMPLOYMEBen2511987 6/3/2022 STATE TAX: PAYMENT 21,494.93 21,494.93 2660 6/3/2022 000010 CALIF, STATE OF, EMPLOYMEBen2511989 6/3/2022 SDI INS: PAYMENT 6,198.87 6,198.87 2661 6/3/2022 014754 STATE DISBURSMENT UNIT Ben2511991 6/3/2022 CHILD SUPPORT: PAYMENT 2,729.06 2,729.06 581182 6/3/2022 024081 AZ SAN CLEMENTE PARTNEF060122 6/1/2022 PARKING LOT LEASE AGREE 350.00 350.00 581183 6/3/2022 016780 ABDELMUTI DEVELOPMENT C060122 6/1/2022 USE OF PARKING LOT AT 100 700.00 700.00 581184 6/3/2022 010213 AFLAC Ben2511981 6/3/2022 AFLAC INSURANCE:PAYMEN 79.42 79.42 581185 6/3/2022 033006 ALLEN, BLAKE LEE 25 5/23/2022 FNF OFFICIAL 120.00 120.00 581187 6/3/2022 009202 AMAZON 795799354338 5/2/2022 SUPPLIES 10.12 457457663699 5/2/2022 SUPPLIES 145.58
966986369576 5/3/2022 SUPPLIES 196.13
437864976966 5/3/2022 SUPPLIES 64.40
967786378779 5/3/2022 SUPPLIES 188.34
433857795736 5/3/2022 SUPPLIES 36.20
497764338657 4/12/2022 SUPPLIES 745.64
794457577878 4/12/2022 SUPPLIES 16.15
778346957398 4/12/2022 SUPPLIES 83.60
953667355598 4/12/2022 SUPPLIES 43.09
898938866578 4/12/2022 SUPPLIES 74.83
447756883356 4/12/2022 SUPPLIES 64.62
935546367383 4/12/2022 SUPPLIES 49.44
586898665769 5/5/2022 CREDIT FOR SUPPLIES -22.62
435538844674 4/27/2022 SUPPLIES 30.42
996896943653 4/10/2022 SUPPLIES 64.64
774885958875 4/11/2022 SUPPLIES 430.99
O"l 939688344657 4/11/2022 SUPPLIES 74.33 I 987389589463 4/12/2022 SUPPLIES 26.88 --.J I
N 893489993686 4/20/2022 SUPPLIES 75.03
N
--- 577473795539 4/25/2022 SUPPLIES 122.75
-"'" 479935458899 4/26/2022 SUPPLIES 76.69 0
~ 444463846739 4/26/2022 SUPPLIES 14.46 I 459397576474 4/26/2022 SUPPLIES 22.62 N Page: 1
apChkLst Final Check List Page: 2
06/01/2022 1:47:24PM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 693568756683 4/12/2022 SUPPLIES 11 .99
534593987794 4/17/2022 SUPPLIES 53.53
543955783564 4/17/2022 SUPPLIES 55.98
664679458745 4/19/2022 SUPPLIES 121.70
435937594475 4/19/2022 SUPPLIES 18.31
798354597794 4/20/2022 SUPPLIES 66.79
465956986749 4/20/2022 SUPPLIES 19.70
543993398488 5/4/2022 SUPPLIES 114.13
448665996358 5/5/2022 SUPPLIES 40.52
444579743463 5/6/2022 SUPPLIES 180.88
987473449878 5/9/2022 SUPPLIES 14.98
599955695777 4/10/2022 CREDIT FOR SUPPLIES -304.80
834998859457 4/14/2022 SUPPLIES 2,583.85 5,611.89
581188 6/3/2022 034172 ANCHOR CLEANING SERVICEBL313303 5/24/2022 REFUND BUSINESS LICENSE 89.00 89.00 581189 6/3/2022 002603 ANIMAL PEST MGMT SERVICE624527 4/30/2022 APM - RODENT CONTROL (B1 2,540.83 624637 4/30/2022 APM - RODENT CONTROL {B1 300.00
605858 4/30/2022 RODENT CONTROL 500.00
605647 4/30/2022 RODENT CONTROL 215.00 3,555.83
581190 6/3/2022 005201 APPLE ONE 01-6307894 5/18/2022 APPLEONE 1,552.68 01-6307895 5/18/2022 TEMPORARY OFFICE SPEC If 1,387.08 2,939.76 581191 6/3/2022 014243- ARCMATE MANUFACTURING •INV198102 5/19/2022 CLEAN-UP SUPPLIES 873.48 873.48 581192 6/3/2022 024288 ARMOR FENCE CONCEPTS 032522-03 3/25/2022 FENCE REPAIRS 3,374.00 3,374.00 581193 6/3/2022 019070 ATOM COMPANY INC 19701 4/19/2022 SAW CUT ASPHALT 550.00 19702 4/19/2022 SAW CUT ASPHALT 550.00
19705 5/12/2022 SAW CUT ASPHALT 810.00 1,910.00
581194 6/3/2022 025638 BAKER INTERNATIONAL INC, 1145334 4/22/2022 PN 10546 - CITY HALL EMERC 26,703.05 26,703.05 581195 6/3/2022 007922 BEE BUSTERS 135285 5/11 /2022 REMOVAL OF COLONY BEES 125.00 125.00 581196 6/3/2022 024972 BEST BEST & KRIEGER LLP 935615 5/24/2022 ADV. TCA 12,125.00 12,125.00 0) 581197 6/3/2022 026424 BOUGHTON, MARJORIE T 060122 6/1/2022 PARKING LOT LEASE AGREE 116.66 116.66 ' 581198 6/3/2022 001182 CALIF. STATE OF, FRANCHISEBen2511983 6/3/2022 STATE TAX LEVY: PAYMENT 759.25 759.25 ---J
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apChkLst
06/01/2022 1 :47:24PM
Bank : city BANK OF THE WEST (Continued)
Final Check List

SAN CLEMENTE
Check# Date -=-V=enc.:..:d::..co:..c..r ___________ ;.c.ln.:...:.v..::;.oi=c.;:;..e __ _ Inv Date Descriotion 581199 6/3/2022 027238
581200 6/3/2022 015761
581201 6/3/2022 026426
581202 6/3/2022 028904
581203 6/3/2022 012397
581204 6/3/2022 003559
581205 6/3/2022 001241
581206 6/3/2022 026046
CALPINE ENERGY SOLUTION2214700163973'. 5/27/2022
22147001639731 5/27/2022
22147001639731 5/27/2022
22147001639731 5/27/2022
2214700163973~ 5/27/2022
22147001639731 5/27/2022
2214700163973'. 5/27/2022
22147001639731 5/27/2022
CAMLOX INDUSTRIES INC 56504 5/25/2022
CARRICK, CYNTHIA T 060122 6/1/2022
CATALYST OFFICE 18903 4/28/2022
CENTRAL COMMUNICATIONS000024-954-641 5/1/2022
000024-955-281 5/1/2022
000024-954-571 5/1/2022
COASTAL ANIMAL SERVICES 1JUNE22 6/1/2022
COLONIAL LIFE & ACCIDENT Ben2511977
COLTS LANDSCAPE INC 050522-1149
051822-0847
051822-0842
051122-0213
050222-0227
050222-0143
050222-0221
051822-0924
051822-0935
051822-0851
6/3/2022
5/5/2022
5/18/2022
5/18/2022
5/11/2022
5/2/2022
5/2/2022
5/2/2022
5/18/2022
5/18/2022
5/18/2022
ELECTRICITY A/C #271426
ELECTRICITY A/C #281216
ELECTRICITY A/C #281219
ELECTRICITY A/C #281217
ELECTRICITY A/C #281212
ELECTRICITY A/C #281215
ELECTRICITY A/C #281211
ELECTRICITY A/C #281218

ROLLS OF LAMINATING FILM

PARKING LOT LEASE AGREE

OFFICE FURNITURE
123-5154-571 MONTHLY ANS\,
123-5155-211 MONTHLY ANSV
123-5154-461 MONTHLY ANS\

CONTRACTED SERVICES
ACCIDENT INSURANCE: PAYr
MISC. MAINT. - INST. 2 BIKE F
MISC. MAINT. - TRIM 5 TREE~

COLTS- LANDSCP WEST (SU

COLTS - LANDSCP WEST (SU

COLTS - BCHS, ACCESS & PII

COLTS - LANDSCP WEST (BA
COLTS - STREETSCAPE (BA~
MISC. MAINT. - MULCH
MISC. MAINT. - PLANTS

COLTS - LABOR ONLY ESP LA
Amount Paid
8,502.85
149.37
6,308.99
549.42
4,675.75
1,992.78
1,028.60
86,534.70
299.38
116.66
2,591.18

29.25 30.25
227.20
76,743.33
157.11
700.00
875.00
2,925.83
1,260.00
9,630.00
36,392.00
14,422.00
6,400.00
2,646.19
22,800.00
Page: 3
Check Total
109,742.46
299.38
116.66
2,591 .18
286.70
76,743.33
157.11
98,051 .02
Page: 3
apChkLst Final Check List Page:4
06/01/2022 1:47:24PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 581207 6/3/2022 001417 CONSOLIDATED ELECTRIC Dl1020751 3/1/2022 MATERIALS 188.10 1021961 3/23/2022 MATERIALS 55.05
1021962 3/24/2022 MATERIALS 130.81
1019844 4/26/2022 MATERIALS 683.35
1024018 5/2/2022 MATERIALS 408.66
1023559 5/3/2022 MATERIALS 325.66
1024272 5/4/2022 MATERIALS 39.40
1023767 5/9/2022 MATERIALS 203.49
1023011 5/9/2022 MATERIALS 983.97
1023012 5/9/2022 MATERIALS 578.75
1024278 5/9/2022 MATERIALS 824.29
1024669 5/11/2022 MATERIALS 161 .37 4,582.90
581208 6/3/2022 001394 COOK PGAGOLF SHOP INC, !060122 6/1/2022 05/23/22 -05/29/22 WEEKLY Pl 26,801.42 26,801.42 581209 6/3/2022 024536 DALE HECTOR PAINTING 1735 5/18/2022 ACCT#009167-007 PAINT PIEf 4,800.00 4,800.00 581210 6/3/2022 018005 DANA WHARF SPORTFISHIN(051922 5/19/2022 CONTRACT INSTRUCTOR PA 4,780.80 4,780.80 581211 6/3/2022 002647 DENAULTS HARDWARE, INC 511046 5/10/2022 HARDWARE & MAINT SUPPL! 31.56 511022 5/9/2022 HARDWARE & MAINT SUPPLI 9.57
510988 5/6/2022 HARDWARE & MAINT SUPPL! 77.55
510933 5/4/2022 HARDWARE & MAINT SUPPLI 40.20
5-10972 5/5/2022 HARDWARE & MAINT SUPPL! 7.75
510947 5/4/2022 HARDWARE & MAINT SUPPLI 38.50
511213 5/19/2022 HARDWARE & MAINT SUPPL! 125.68
511210 5/19/2022 HARDWARE & MAINT SUPPLI 177.11
511190 5/18/2022 HARDWARE & MAINT SUPPLI 45.00
511196 5/18/2022 HARDWARE & MAINT SUPPL! 95.48
511232 5/20/2022 HARDWARE & MAINT SUPPL! 12.69
511086 5/11/2022 HARDWARE & MAINT SUPPL! 15.47
510944 5/4/2022 HARDWARE & MAINT SUPPLI 45.60
0)
510811 4/28/2022 HARDWARE & MAINT SUPPL! 29.49
I 510891 5/2/2022 HARDWARE & MAINT SUPPLI 38.17
-...J
I 510888 5/2/2022 HARDWARE & MAINT SUPPLI 36.25 N
N 511168 5/17/2022 HARDWARE & MAINT SUPPLI 49.07
--- .l>,. 511269 5/23/2022 HARDWARE & MAINT SUPPLI 74.20 949.34 0 ...-..
~ I
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Page:4
apChkLst Final Check List Page: 5
06/01/2022 1:47:24PM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 581212 6/3/2022 004462 DOHENY PLUMBING, INC. 62420 5/13/2022 NEW WATERLINE FOR FRIG. 2,778.88 62480 4/26/2022 CLEARED STOPPAGE 778.00
62784 5/16/2022 CLEARED BACKED UP URINJ'.I 338.00 3,894.88 581213 6/3/2022 009540 DUDEK & ASSOCIATES, INC. 202203499 5/19/2022 PN 12563 - COUNCIL CHAMBI 23,937.50 23,937.50 581214 6/3/2022 003643 DUNN-EDWARDS CORPORAT5105456 5/6/2022 PIER PAINT 110.92 110.92 581215 6/3/2022 004177 E STEWART & ASSOC INC 7634S 4/26/2022 GRAFFITI REMOVAL - PUBLIC 3,740.00 7635S 4/26/2022 GRAFFITI REMOVAL - PUBLIC 220.00
7623S 4/15/2022 ADD DG TO VHSP PATH 1,225.00
7605S 3/27/2022 LINDA LANE PS SERVICE 300.00
7633S 4/26/2022 GRAFFITI REMOVAL - PUBLIC 2, 176.00
7631S 4/26/2022 GRAFFITI REMOVAL - PRIV.& 2,500.00
7632S 4/26/2022 GRAFFITI REMOVAL - PRIV.& 3,840.00 14,001.00 581216 6/3/2022 025362 ENDRASKE, RYAN 051922 5/19/2022 CONTRACT INSTRUCTOR PA 30,285.50 30,285.50 581217 6/3/2022 023219 EVANTEC CORPORATION 20229776 5/16/2022 SUPPLIES 140.37 140.37 581218 6/3/2022 033374 EVERDE GROWERS 1048927 4/28/2022 LANDSCAPE MATERIALS 8,585.07 1051514 5/3/2022 LANDSCAPE MATERIALS 7,390.24 15,975.31 581219 6/3/2022 010878 EWING IRRIGATION PRODUC-16598657 4/25/2022 IRRIGATION SUPPLIES A/C#4 151 .82 151.82 581220 6/3/2022 008719 FASTSIGNS OF SAN CLEMEN.366-26653BAL 2/2/2022 SIGN 405.88 405.88 581221 6/3/2022 000026 FEDERAL EXPRESS CORP 7-754-66034 5/13/2022 SHIPPING CHARGES 83.83 83.83 581222 6/3/2022 006413 FERGUSON, LAURA 051422 5/14/2022 REIMB. FOR PRINTER INK 22.51 22.51 581223 6/3/2022 032612 GIANT CO2 133345 5/2/2022 CHEMICAL SUPPLIES 308.33 133346 5/2/2022 CHEMICAL SUPPLIES 204.05
133484 5/16/2022 CHEMICAL SUPPLIES 290.80
133556 5/23/2022 CHEMICAL SUPPLIES 276.73 1,079.91
581224 6/3/2022 004051 GOVERNMENT FINANCE OFF 2202304 5/8/2022 MEMBERSHIP RENEWAL - E. 150.00 150.00 581225 6/3/2022 017866 GREENWOOD, JOHN J 060122 6/1/2022 PARKING LOT LEASE AGREE 350.00 350.00 581226 6/3/2022 032926 HALL & ASSOCIATES, BOB 1099 5/17/2022 RECRUITMENT SVS - DEPUT 5,500.00 5,500.00 581227 6/3/2022 034010 HART CONCRETE DESIGN, IN6868 5/3/2022 DEPOSIT FOR PLANTER POT 13,015.94 0) 5433 5/9/2022 DEPOSIT FOR PLANTER POT 1,731.32 14,747.26 ~ 581228 6/3/2022 034005 HARTANA, THOMAS 8 5/23/2022 FNF OFFICIAL 120.00 120.00 I N 581229 6/3/2022 030541 HIGH SURF ACCESSORIES 4313 5/19/2022 HANDLE KIT REPLACEMENT 250.00 250.00 N
- 581230 6/3/2022 003619 ICMA RETIREMENT TRUST #3Ben2511973 6/3/2022 DEFERRED COMP ICMA: PAY 31,239.69 31,239.69 "'" 581231 6/3/2022 009903 INTLASSOC OF PLUMBING/M0283299-IN 5/24/2022 TRAINING - NARIMAN 33.00 33.00 () - 581232 6/3/2022 033007 JANSSON, GUS 6 5/23/2022 FNF OFFICIAL 120.00 120.00 ~ I 581233 6/3/2022 028234 KUNTZ, DAMON 060122 6/1/2022 PARKING LOT LEASE AGREE 350.00 350.00 0) Page: 5
apChkLst Final Check List Page: 6
06/01/2022 1:47:24PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 581234 6/3/2022 019816 LGC GEOTECHNICAL INC 01-17521 4/30/2022 ENG22-007, 3008 LA VANTANJ 218.75 218.75 581235 6/3/2022 007564 LOWE'S COMPANIES, INC. 23188 5/12/2022 #0333392 SUPPLIES 77.53 10742 5/25/2022 #0333392 SUPPLIES 41.06
25387 5/12/2022 #0333392 SUPPLIES 477.94
24319 5/10/2022 #0333392 SUPPLIES 81.72
24522 5/18/2022 #0333392 SUPPLIES 63.45
924099 3/28/2022 #0333392 SUPPLIES 93.97
24238 5/16/2022 #0333392 SUPPLIES 306.06 1,141.73
581236 6/3/2022 033008 MCDONALD. REESE 15 5/23/2022 FNF OFFICIAL 120.00 120.00 581237 6/3/2022 000502 MCMASTER-CARR SUPPLY C<72606311 2/8/2022 EQUIPMENT & TOOLS 96.55 78114885 5/13/2022 EQUIPMENT & TOOLS 56.91 153.46
581238 6/3/2022 034006 MUDGE, VANDER 12 5/23/2022 FNF OFFICIAL 180.00 180.00 581239 6/3/2022 006627 MUNI WATER DIST OF ORANC10822 5/13/2022 MWDOC PURCHASED WATEI 717,099.30 717,099.30 581240 6/3/2022 001207 ODP BUSINESS SOLUTIONS L241153281001 4/29/2022 OFFICE SUPPLIES A/C #8983. 12.92 241091752001 4/29/2022 OFFICE SUPPLIES A/C #8983. 486.16 244092219001 5/17/2022 OFFICE SUPPLIES A/C #8983" 145. 14 239470871001 4/29/2022 OFFICE SUPPLIES A/C #8983. 252.07 241880856001 5/2/2022 OFFICE SUPPLIES A/C #8983. 271.47 239513134001 5/3/2022 OFFICE SUPPLIES A/C #8983~ 110.30 1,278.06 581241 6/3/2022 025959 OMNI ENTERPRISE INC CSC55221 5/5/2022 OMNI CLEAN - JANITORIAL - I\ 18,285.75 CSC55222 5/5/2022 OMNICLEAN - JANITORIAL - I\ 8,268.75
CSC55223 5/5/2022 OMNICLEAN - JANITORIAL - I\ 4,587.19
CSC4251 5/12/2022 JANITORIAL SERVICES 350.00
CSC4252 5/12/2022 JANITORIAL SERVICES 1,200.00
CSC4253 5/12/2022 JANITORIAL SERVICES 300.00 32,991.69
581242 6/3/2022 002372 ORANGE COUNTY FIRE AUTHS0463535 5/19/2022 OCFA FIRE CONTRACT FY 20 2,631,471 .25 2,631 ,471.25 581243 6/3/2022 003198 ORANGE COUNTY TRAN SP AIAR143265 5/17/2022 OCTA - LEASE PMTS - USE Oi 630.00 AR143266 5/17/2022 OCTA- LEASE PMTS - USE O! 559.00
0)
AR143263 5/17/2022 OCTA - LEASE PMTS - USE O! 720.00
' AR143264 5/17/2022 OCTA- LEASE PMTS - USE 0 1 12,665-.00 14,574.00 ---.J ~ 581244 6/3/2022 015190 PAYFLEX SYSTEMS, USA Ben2511979 6/3/2022 SEC 125 MEDICAL: PAYMENT 3,236.22 3,236.22 --.t,.
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Page:6
apChkLst Final Check List Page: 7
06/01/2022 1:47:24PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 581245 6/3/2022 024076 PRIORITY LANDSCAPE SVCS 12231 5/2/2022 PRIORITY - LANDSCP EAST(: 1,730.00 12223 5/4/2022 PRIORITY - LANDSCP EAST(: 1,640.00
12250 5/18/2022 PRIORITY - LANDSCP EAST(: 4,035.00
12166 4/25/2022 PRIORITY - LANDSCP EAST (: 1,975.00
12167 4/25/2022 PRIORITY - LANDSCP EAST (: 1,150.00
12207 4/30/2022 SUPPLIES - IRRIGATION & LA 3,707.57
11769 5/1/2022 PRIORITY - LANDSCP EAST (I 56,547.00 70,784.57 581246 6/3/2022 028771 PROFESSIONAL SPORTS FIEl220430 4/30/2022 PSFM - INFIELDS & TRACK (B 34,156.44 34, 156.44 581247 6/3/2022 000267 R & R INDUSTRIES, INC 618548 3/14/2022 SAFETYWEAR-JACKET 128.87 128.87 581248 6/3/2022 004113 RANCHO SAN CLEMENTE BU:910N-052522 5/25/2022 RSCBPASSN.DUES910&10 774.18 1030N-052522 5/25/2022 RSCBP ASSN. DUES 910 & 10 556.55 1,330.73 581249 6/3/2022 028152 RECOGNITION SERVICES INC45174 5/26/2022 SC MAYOR CHALLENGE corr 1,875.00 1,875.00 581250 6/3/2022 004772 RECREATION SUPPLY CO., IN462280 5/20/2022 MAINT. SUPPLIES 1,914.46 1,914.46 581251 6/3/2022 000067 RINCON TRUCK CENTER INC 342403 5/5/2022 PARTS 16.64 342655 5/13/2022 PARTS 46.94
342594 5/13/2022 PARTS 175.93 239.51
581252 6/3/2022 034174 ROONEY, TIMOTHY Ref002511751 5/26/2022 UB Refund Cst #077572 2,434.53 2,434.53 581253 6/3/2022 000635 SAN CLEMENTE CITY EMPLo·sen2511975 6/3/2022 DUES - SCCEA: PAYMENT 1,498.00 1,498.00 581254 6/3/2022 001174 SAN DIEGO GAS & ELECTRIC051922 5/19/2022 0035968576381 DISTRIBUTIO 32,271.45 051322 5/13/2022 0052638245453 DISTRIBUTIO 10.70 32,282.15 581255 6/3/2022 001106 SANCON TECHNOLOGIES, IN1PP9RETENTIOI' 5/20/2022 PN 28206 - ON-CALL SEWER 2,294.88 2,294.88 581256 6/3/2022 009896 SANTA MARGARITA WATER D 000940050-457c 5/9/2022 WATER SERVICES 76.81 000940050-4484 5/9/2022 WATER SERVICES 1,159.92
001140130-5112 5/9/2022 WATER SERVICES 185.27
001140130-5029 5/9/2022 WATER SERVICES 1,807.06
001140130-5231 5/9/2022 WATER SERVICES 870.93
001140130-5230 5/9/2022 WATER SERVICES 967.26
001140130-5230 5/9/2022 WATER SERVICES 134.81 5,202.06
CJ) 581257 6/3/2022 005035 SCHROEDER. KAYNE A 052322 5/23/2022 INSTRUCTOR PAYMENT 25,466.00 25,466.00 I 581258 6/3/2022 002431 SMART & FINAL IRIS. INC. 848400 5/26/2022 ACCT #60124600010399088 33.72 33.72 -...J I
N 581259 6/3/2022 033577 SMITH, RILEY N 15 5/23/2022 FRIDAY NIGHT FOOTBALL OF 180.00 180.00 N
-- 581260 6/3/2022 031889 SPECTRUM GAS PRODUCTS,00560143 5/20/2022 OXYGEN CYLINDER PICK-UP 37.00 37.00 ~ 581261 6/3/2022 033122 STEALTH LOOP 1589 5/23/2022 SOUND CONTRACT FOR SU~ 1,500.00 1,500.00 0 ~ 581262 6/3/2022 034008 SULLIVAN, RILEY 6 5/23/2022 FNF OFFICIAL 210.00 210.00 1 .581263 6/3/2022 026425 TAYLOR, WILLIAM D 060122 6/1/2022 PARKING LOT LEASE AGREE 116.66 116.66 co Page: 7
apChkLst
06/01/2022 1 :47:24PM
Final Check List

SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Inv oice Inv Date
581264 6/3/2022 032785 THE FRANK HC NAM BYPASS 060122 6/1/2022 581265 6/3/2022 026329 VICK, MICHAEL 32 5/23/2022
581 266 6/3/2022 003356 WATERLINE TECHNOLOGIES,5580596 5/13/2022 581267 6/3/2022 034173 WENRICH ENTERPRISES BL321005 5/23/2022 581268 6/3/2022 032472 WEST COAST ARBORIST, INC185365 4/30/2022 581269 6/3/2022 027059 ZAPP PEST MANAGEMENT 16969 4/27/2022 16966 4/27/2022
16968 4/27/2022
17053 4/25/2022
16972 4/28/2022
17074 4/27/2022
17087 4/15/2022
16967 4/27/2022
17054 4/27/2022
16970 4/27/2022
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Descriotion Amount Paid
ANNUALLEASEAGREEMENT 800.00
FRIDAY NIGHT FOOTBALL OF 180.00
HYPOCHLORITE SOLUTIONS 3,038.77
REFUND BUSINESS LICENSE 104.00
WCA-TREE MNT. SVCS. SUF 972.00
ZAPP - PEST CTRL CITY FACI 75.00
ZAPP - PEST CTRL CITY FACI 60.00
ZAPP - PEST CTRL CITY FACI 65.00
ZAPP - PEST CTRL PARK RSl 680.00
ZAPP - PEST CTRL PIER & M~ 235.00
ZAPP - PEST CTRL PIER & M~ 125.00
PEST CONTROL SERVICE 325.00
ZAPP - PEST CTRL CITY FACI 60.00
ZAPP - PEST CTRL CITY FACI 75.00
ZAPP - PEST CTRL CITY FACI 65.00
Sub total for BANK OF THE WEST:

Page: 8
Check Total
800.00
180.00
3,038.77
104.00
972.00
1,765.00
4,524,231.20
Page: 8
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06/01/2022 1 :47:24PM
93 checks in this report.

Final Check List

SAN CLEMENTE
Grand Total All Checks:

Page: 9
4,524,231.20
Page:9
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BBK Warrant Listing Detail
Warrant Listing Detailed Description
Adv. TCA Adv. Transportation Corridor Agencies

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 07, 2022
Agenda Item 4 D
Approvals:

City
Dep
Ma
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n
Head
ager ~
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Attorney GT
IMY#ffifikt..:tliWN#r± MWMEA W **' FY5d53& bi& PM Wf f'M;~~.::;~~ Department:

Prepared By:

Subject:

Public Works/ Engineering
Belgin Cuhadaroglu, Associate Civil Engineer

ACCEPTANCE AND NOTICE OF COMPLETION FOR WATER RECLAMATION PLANT FERRIC TANK REPLACEMENT, GIP PROJECT No. 12208
Fiscal Impact: Yes. The total construction cost of $105,700 is within the approved construction budget of $108,440 from the Sewer Depreciation Reserve Fund.

Summary: Acceptance and Notice of Completion for Kay Construction Company, Inc. of Santee, California for completion of contract work for the Water Reclamation Plant Ferric Tank Replacement. Refer to Attachment 1 for location map and Attachment 2 for Notice of Completion.

Background: On July 20, 2021, City Council awarded a contract to Kay Construction Company, Inc. (Attachment 3) to replace the ferric tank at the City's Water Reclamation Plant located at 380 Avenida Pico. The project consisted of installing a new ferric tank that stores and disperses ferric chloride used as a coagulant in the wastewater treatment process.

A summary of the total expenditures is provided below:

Construction Contract
Construction Management and Inspection
Total Project Cost
Recommended
$91,900
13,800
$105,700
Action: STAFF RECOMMENDS THAT the City Council:

1. Accept the Water Reclamation Plant Ferric Tank Replacement, Project No. 12208, from Kay Construction Company, Inc.;

2. Authorize the Public Works Director to execute and record the Notice of Completion for the Water Reclamation Plant Ferric Tank Replacement, Project No. 12208; and

3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the Contractor, Kay Construction Company, Inc.

Public Works Agenda Report
6-7-22 / 4D-1
Agenda Report Page 2
Attachments: 1. Location Map (

2. Notice of Completion

3. Staff Report Dated July 20, 2021
Notification: None.
s:lcdlengineering\secure\admin\202216-7\6-7-22-4r .docx (
6-7-22 I 4D-2

NOTTO SCALE

PROJECT

LOCATION

SAN CLEMENTE

WATER RECLAMATION
PLANT
City of San Clemen le
910 Calle Negoclo, Suite 100
San Clemen te, CA 92673
Tel (949) 361-6100
Fu: (949) 361- 8316
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LOCATION MAP

WRP FERRIC TANK

REPLACEMENT
P.N. 12208
6-7-22 / 4D-3
Recording Requested By:

City of San Clemente
When Recorded, Mail To:

Public Works Department
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attachment 2
Recorded for the benefit of the City of San
Clemente and exempt from recording fees
pursuant to Government Code Section 27383.

Space above this line is for Recorder's Use Only

NOTICE OF COMPLETION
Notice is hereby given by the City of San Clemente, a Municipal Corporation, that a public work of improvement has been completed as follows:

1. Project title or description of work: Ferric tank replacement, Project No. 12208

2. Date of completion: May 02, 2022

3. Street address or legal description of the project site: City of San Clemente Utilities, 380 Avenida Pico, City of San Clemente, CA 92672

4. Name of owner. City of San Clemente

5. Interest or estate of owner. City of San Clemente

6. Address of owner. 910 Calle Negocio, San Clemente, CA 92673

7. Name and address of contractor. Kay Construction Company, Inc., 9955 Medina Drive, Santee, CA, 92071
I am the Public Works Director/City Engineer for the City of San Clemente, a Municipal Corporation, the owner of the indicated interest or estate in the property described above.

I make this verification on behalf of the City of San Clemente. I have read this Notice of Completion and know its contents. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on in San Clemente, California. ------------
Kiel Koger, Public Works Director/City Engineer
City of San Clemente
6-7-22 / 4D-4
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Department:

Prepared By:

Subject:

Public Works / Engineering
Shawn Ryan, Senior Civil Engineer
Attach~~t 3
Agenda Item l(>J..,'
CONSTRUCTION CONTRACT AWARD TO KAY CONSTRUCT/ON FOR FY 2022 ltVATER RECLAMATION PLANT FERRIC TANK REPLACEMENT, GIP PROJECT No. 12208.

Fiscal Impact: Yes. The estimated total project cost of $131,820 is within the approved budget amount of $150,000 available from the FY 2022 WRP Ferric Tank Repfacement, GIP Project No. ·12208.

Summary:

Background:

Staff recommends that the City Council approve a construction contract with Kay Construction in an amount not to exceed $91,900 for the· purpose of replacing the existing Water Reclamation Plant ferric tank.

The City's Water Reclamation Plant (WRP) is located at 380 Avenida Pico as shown on the location map (Attachment 1). The WRP includes a ferric tank that stores and disperses ferric chloride which is used as a coagulant_ in the wastewater treatment process. The tank and appurtenances have met their useful life and are in need of replacement. The project proposes to replace the existing tank, appurtenances and electrical system.

The project was advertised for competitive bidding through the PlanetBids website, with a bid closing date of May 13, 2021. The submitted bids for construction ranged • from $91,900 to $131,478, as shown on Attachment 2. The lowest responsive bidder was Kay Construction of Santee, California with a total bid of $91,900. Based on the low bid, project costs are estimate~ as follows:

Project Cost Summary
Construction Contract
Admin, Feasibility Study & Design, Final Engineering Design Construction Management and Inspection
Project Contingency (20%)
Estimated Total Project Cost
The current approved project budget available is $150,000 $91,900
5,000
16,540
18,380
$131,820
As required by City Policy and State Law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 3). A warranty bond will also be required prior to City Council Public Works Agenda Report
7-20-21 / 6D-1
6-7-22 I 4D-5

NOTTO SCALE

PROJECT
LOCAT,ON ~

SAN CLEMENTE

WATER RECLAMATION
PLANT
City of San Clemente
lllO Calle }legocio, Suite 100
San Clemente, CA ll2573
Tel (949) 381-6100
Fax (949) 361-8816
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ATTACHMENT 1

LOCATION MAP

WRP FERRIC TANK

REPLACEMENT
P.N. 12208
7 -20-21 I 6D-3
6-7-22 / 4D-6
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Contractor Name
Kay Construction
Araad Builders Inc
Jennette Company Inc
Engineering & Environmental
Construction
Zlmprich Engineering
O'Connell Engineering and
Construction
Abhe & Svoboda, Inc
f,,,,..--,..

Bidders listing
Address • City
9955 Medina Drive Santee
3395 Michelson Dr. APT 5145 Irvine
PO Box 501792 San Diego
7171 Warner Ave, Suite B-404 Huntington Beach
106 Silver Fox Irvine
36572 Deauvllle Rd.

Winchester
• 880 Tavern Road Alpine
/
State Zip Code
CA 92071
CA 92612
CA 92150
CA 92467
CA 92620
CA 9259Ei
CA 91901 •
Bid Amount
$ 91,900.00
$ 101,900.00
$ 105,700.00
$ 112,000.00
$ 117,000.00
$ 121,900.00
$ 131,478.00
Format
Electronic
Electronic •
Electronic
Electronic
Electronic
Electronic
Electronic
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SECTION 00500
CoNTRACl
ATTACHMENT 3
THIS CONTRACT is made this __ day of ___ , 2021, in the County of Orange, State of California, by and between the City . of San Clemente hereinafter called City, and ____________ _, hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the contract and shall provide all labor, materials, e_quipment, tools, utility services, and · transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

WRP Ferric Tank Replacement Project
The Contractor and its surety shall be liable to -City for any damages arlslng as a result of the Contractor's failure to comply wlth this obligation. •
ARTICLE 2. TJME FOR COMPLETION. The Work sn\'lfl be commenced on the date stated in City's Notice to Proceed. The Contractor shall co_rpplete ~II Work r~quired by the Contract Documents within 60 working days from the commencement date stated in the Notice to Proceed.

By its signature hereunder, Contractor agrees the timeior"completion set forth above is adequate an<;i reasonable to complete the Work. . • .

ARl'ICLE 3. OONTRACT PRICE. City shaiLpay b.the.Contractor as full compensation for the • performance of the Qont~act, subject_ t_o apy aMW¢ns or deductions as provided in the Contract Documents, and Including -Jill applicabl~ taxes • and costs, the sum of Ninety-One.Thousand, Nine}lundred Dollars
($ '91,900
Conditions.
"" ·; · ".'. ):· Pi:iyment shall be made as set forth in the General • At any time during th~J~'rfu of the/ ¢.o,ntrfict, City may, pursuant to" the terms an·d provisions of the Contract Documents, request that fDe Contractor perform additional work. Contractor shall not .perform, nor be compens·~ted fo_r,°":-additional work without written authqrization from the City pursuant to the temis and pr9_yl~_/9"r'is of the Contract Documents. . ·.

ARTICLE 4. LIQUlqATED DAMAGES/EARLY COMPLETION INCENTIVE. Jn accordance with Government Code section 53069.85, it ls agreed that the Contractor will pay City the sum of $1,000 for each and every calendar day of delay beyond the time prescribed in the Contract Oocuments for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any mpney due or that may become due the Contractor under the Contract. This Article does not exclude recoveiy of other damages specified in the Contract Documents.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" Include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Form
65452.01510\32905704.2
33 SECTION 00500

CONTRACT
7-20-21 I 6D-5
6-7-22 I 4D-8
SECTION 00500

CONTRACT
Contractor's Certificate Regarding Workers' Compensation Bid Bond
Designation of Subcontractors·
• Information Required of Bidders
Non-Collusion Declaration form
Ir-an Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
• Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Cc;intract The Contactor shall complete the Work In strict accor9:;3hce with all of the_ Contract Documents. . . .

All of the Contract Documents are intended to be ddrnp!emi::i"~tary. Work required by one of the Contract Documents and not by others shall be done\fo')f required by all. This Contract shall supersede any prior agreement of the parties. _·. ,,_ =· . - • ARTICLE 6. PROVISIONS REQUIRED BY [Aw.:· E~iih ~md every pr~vision of law required to be included in thes.e Contract Dooµments sha!i":b'e deemed to be included in these Contract Documents. The Contractor shall" comply'Jvith ali.requirements of applicable federal, state and :focal laws, rules and regulations; !t)cluding;._bµ!not limited to, tlie provisions of the California labor Code and California Public Contraot Q9de whk:h'are applicable to this Project.

ARTICLE 7. INDEMNlF.iCATIO~_._ Cobtractor shall provide indemnification as set forth in the General Conditions. c._'. •.• ._. ,.
• ARTICLE 8. PREVAJLIN~ ,WA~ES. Contractor shall be required to pay the prevailing rate of wages in accordance with the ~_<';lhbr Code which such rates shall be made available the office of the City Clerk and the office of the City Engineer, City of San Clemente and in the office of the Associated General Contractors of America or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
34 55452,01510\32906704.2
SECTION 00500

CONTRACT
7-20-21 I 6D-6
6-7-22 I 4D-9
/
I
\
SECTION 00500

CONTRACT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

ATTEST:

CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

BEST BEST & KRIEGER
City Attorney
APPROVED AS TO AVAILABILITY • :: . . OF FUNDING: ,·: . . • .. ': ·.· Finance Authorizati.9.n':' •

CITY OF SAN CLEMENTE
By:, _ _ __________ _
Its: ·-------------
Dated: ________ _, 20 __
(
11CONTRACTOR")
By: . •
------------
Its: ------------
Dated: ________ , 20_

END OF CONTRACT
35 55452.01510\32905704.2
SECTION 00500

CONTRACT
7-20-21 / 60-7
6-7-22/4D-10
Agenda Item 4 ~
Approvals:
::; ; '· ;;,,'fij AGENDA REPORT c;~.:;:::~ ;:_ i
SAN CLEM~NTE Cl~Y COUNCIL MEETING Attorney CJ
__ q,-,,,w•=--=•::g.=~-= =-'"·" ~,.,,.,..:::~.; ~
Department:

Prepared By:

Subject:

Fiscal Impact:

Summary:

Background:

Public Works / Maintenance Services Division
Randy Little, Maintenance Manager

AWARD OF AGREEMENT FOR LANDSCAPE MAINTENANCE OF CITY PARKS AND FACILITIES EAST OF /-5 WITH COLTS LANDSCAPE, INC .
.Yes. The total three-year agreement cost is $2,471,032 which includes an annual supplemental of $120,000 for athletic field renovation, vandalism repair and landscape enhancements. The new agreement cost is an annual increase of $25,113.00 or 3.0% over the previous agreement.

Staff is requesting approval for the initial three-year agreement term with Colts Landscape, Inc., of Santa Ana, CA.

A Request for Proposal (RFP) was advertised on Planet Bids and in the San Clemente Times in April of 2022. This scope of work provides for landscape maintenance of fourteen parks and facilities located east of 1-5.The scope also provides trash and litter removal seven days a week, hardscape cleaning, landscape maintenance and the maintenance of Baron Von Willard Dog Park.

The City received five proposals with the following bid amounts:
• Parkwood Landscape Maintenance, Inc . ........ .
• Colt's Landscape, Inc ...................................... . • Brightview Landscape Services ...................... . • Priority Landscape Services, LLC .................. .. ci Mariposa Landscapes, Inc .............................. . $ 693,312
$703,677
$727,064
$815,100
$ 1,018,464
Maintenance Services staff evaluated all proposals based on nine criteria, listed in the RFP. Colts Landscape, Inc. was rated highest based on their three-year performance with the current Agreement for Landscape Maintenance of City Properties West of 1- 5, the Beaches, Accesses and Pier Agreement and the Streetscape Maintenance Agreement. Colts Landscape, Inc. has the resources to provide full service for all City sponsored events including the Fourth of July, Fiesta, Ocean Festival and Santa's Village by the Sea. Staff also checked the references of the proposer with the lowest bid amount and found staffing and performance issues, which were of concern.

Overall, Colts Landscape, Inc. has been responsive to all community and City requests and has performed well above expectations.

Public Works Agenda Report
6-7-22 I 4E-1
Agenda Report
Recommended
Action:

STAFF RECOMMENDS THAT the City Council: approve and authorize the Public Works Director/ City Engineer to execute an Agreement for Maintenance Services with Colts Landscape, Inc. not to exceed $2,471,032, including supplemental, for three-years to provide landscape maintenance for City parks and facilities east of 1-5.

Attachments: Agreement for Maintenance Services
Notification: None.
s:lcd\engineeringlsecure\admin\2022\6-7\eastof i-5.docx 6-7-22 / 4E-2
(

CITY OF SAN CLEMENTE

AGREEMENT FOR MAINTENANCE SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this __ day of _______ , 2022, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, located at 910 Calle Negocio, San Clemente 92673 ("City") and Colts Landscape, Inc., a California Corporation, with its principal place of business at 11672 Brookshire Avenue, Garden Grove, CA 92840 ("Contractor''). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Contractor.
t ~ ,.

Contractor desires to perform and assume respinsibility for the provision of certain City Parks/Properties East of 1-5 Landscape maintenance servfces required by the City on the terms and conditions set forth in this Agreement and the Contract Documents1 Plans, and Specifications for East of 1-5 Landscape maintenance servf-ces dated April 12., '2022 "'"'{hich are hereby incorporated as though fully set forth herein. Th~ contract Documents for the· aforesaid project shall consist of the Notice Inviting Seal~d Bids .. lnstruclfons Jo Bidders, Bid, together with this Agreement and all required bonds, insurcu1ce-,certificates, permits, notices, and affidavits; and also including any and all addenda or §.UpplementaJ agreements clarifying, or extending the work contemplated as may be require to Efn~ure its completion in an ~ ceptable manner. Contractor represents that it is experien • ·n providil)g City Parks/Properties East of 1-5 Landscape maintenance services to pypli _ , ; ients, that jJt and its employees or subcontractors have all necessary licenses and per"'~~ \•to perform the Services in the State of California, and that it is familiar wit . e plans of City. \
Project.

Ci· 1. esires to engage Cohtractofto render such services for the Landscape Maintenance of City Prop"'(§'rti~s East of 1-5, C22-_ project ("Project") as set forth in this Agreement.

3. TERMS. ' ..._
" 3.1 Scope Qf S~rvices and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the City Parks/Properties East of 1-5 Landscape maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2022 to June 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
55452.01100\31090125.5 1
s:\cdlengineering\secure\admin\202216-7\all graffitiremoval.docx 6-7-22 / 4E-3

3.2 Responsibilities of Contractor.

3.2.1 Independent Contractor: Control and Payment of Subordinates. The ( Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional persorinel, iQcluding, but not limited to: social security taxes, income tax withholding, uriemploy~nl insuf~nce, disability insurance, and workers' compensation insurance. t <

3.2.2 Schedule of Services. Contractt sh all peff6r!J1 the Services expeditiously, within the term of this Agreement, and in accordance with the Sct)eoule of Services set forth in Exhibit "B'' attached hereto and incorporated het~ l::iy reference. Co11tractshrepresents that it has the professional and technical personnel requirea to perform the Services in conformance with such conditions. In order to facilitate eonttactor's con onnance with flieSchedule, City shall respond to Contractor's submittals in a ti[Jlel • anner. Upon r~quest of City, Contractor shall provide a more detailed sc~edule of a@tpated peffonnance to J~J~t the Schedule of Services.

E-::X;J-w '\'1: £ ;jj..1-

3. 2. 3 Conformance;J. to Applicabfe Requirements. All work prepared by Contractor shall be subject ~ th'e f pproval of ~.. . . - il',~ - ' 3.2.4 City's Representative. Jhe (;ify hereby designates Randy Little, Mainten~n~_Manager~or his/her designee, to actas its representative in all matters pertaining to thei administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to a-ct on behalf of the City for review and approval of all products s1.1brriitted by Contractor but not ttl'~;authority to enlarge the Scope of Work or change the total comR°ei'is_ation due to Co~tractor u?laer this Agreement. The City's City Manager shall be authorized fo ah ~on City's behalf and to execute all necessary documents which enlarge the Scope of Work o("'ctiange the Contrac tor's total compensation, subject to the provisions contained in Section 3.3 of this Agreement Contractor shall not accept direction or orders from any person other than the City Mana,ger, City's Representative or his/her designee.

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

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors and other staff at all reasonable times.
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3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the discipline necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them.

Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety:;~f persfms or property, or any employee who fails or refuses to perform the Services in a man11,~]!~eceptable to the City, shall be promptly removed from the Project by the Contractor and shal[ii''""'"t be re-e,tnployed to perform any of the Services or to work on the Project. ~-

3.2.8 Laws and Regulations. Co tractor shall keep 1tself fully informed of and in compliance with all local, state and federal lawsvfules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Cont~acfor shall be liaole for all violations of such laws and regulations in connection with Services. If ff1 Contractor performs any work knowing it to be contrary to such laws, rules and regu ~tions, Contractor shall be solely responsible for all costs arising therefrom. Contractor sh9ll defena, indem·'hifyand hold City,-ifs officials, directors, officers, employees and agents free a(Q harmless, pGrsuant to tll,e indemnification provisions of this Agreement, from any claim • " ility arising {out of any failure or alleged failure to comply with such laws, rules ouegulatio \ ,,, / 3.2.9 Safety. Con actor shall execute and maintain its work so as to avoid injury or dam:fge to any person ocproperty. In carrying out its Services, the Contractor shall at cJII times be in cdfQpliance with all applicable local, state and federal laws, rules and regulations, and shall exercise ail-necessary precautions for the safety of employees appropriate to the nature of the work and tHe conditions under wllich the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, sucn as safe )"alkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate fa_cilities for the proper inspection and maintenance of all safety measures.

3.2.1 0 Labor

3.2.10.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of 55452.01100\31090125.5 3
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per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.2.10.2 Registration. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code sections 1725.5 and 1771.1, effective March 1, 2015, Contractor and all subcontractors must be registered with the Department of Industrial Relations ("DIR"). Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code,.sections 1725.5 and 1771.1 shall not apply to work performed on a maintenance p r'oject that is exerhpt pursuant to the small project exemption specified in Labor Code sectionsri 725.5 and :1771.'f. \ ~ \: ~

3.2.11 Insurance. Contractor agre~es tq';p~rocure and maintain, at Contractor's expense all insurance specified in Exhibit "C" att9.ched'hereto ana QY this refe,rence incorporated herein. Contractor shall require all subcontra'i~I.9rs to carry the same polt~ies and limits of insurance that the Contractor is required to maintain, un es otherwise approyea in writing by the City. -

3.2.12 Bonds. ~ ~
;~ _ ~

3.2.12.1 t R~'iformance ,Bond. I ;. -~cifically requested by City in Exhibit "D" attached hereto and incorporated herein IDy(eferen~ ,:Gontractor shall execute and provide to City concurr~otly with thi~ Agreement a Petfoimance §ood in the amount of the total, not-toexceed compensation indicated~ in this Agreefnent, ang'.'in a form provided or approved by the City. If sut h bona rs required, no payment will be'niade to Contractor until it has been received and api oved by the City.

3.2.12.2 . Payment ~0nd. If required by law or otherwise specifically requested by yityjn Exhibit "D" afu!f hed her ~to and incorporated herein by reference, Contractor shall execute and provide to City co"ncurrently with this Agreement a Payment Bond in the amount of the total, not-to -exceed compen§ation indicated in this Agreement, and in a form provided or approved by the City. If such bpnd i's required, no payment will be made to Contractor until it has been received and approved oy the City.

3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the 55452.01100\31090125.5 4
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Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

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

3.2.13 Water Quality Management and Compliance.

3.2.13.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Contractor hereby acknowledges that it has investigated the risl<- arisin.9 f(om such waters, has prepared its Bid accordingly, and assumes any and all risks 9nd liabilitfes arisfng therefrom. t "

3.2.13.2 Compliance with Wafer Quality Laws, Ordinances and Regulations. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance <fl the Services including, wifllout limitation, all applicable provisions of the City's ordinances regulating discharges of storm water; the Federal ....... Water Pollution Control Act (33 U.S.C.""§ 1251 et seq.,; the California -Porter-Cologne Water Quality Control Act (Water Code§ 1300,Q' ef,seq_); and any ana all regulations, policies, or permits issued pursuant to any such authority.i:}1ese include .. but are not limited to San Diego Regional Water Quality Control Board Ord~ ,No:'1139-201 3-0001 as amended. by Order Nos. R9-2015-0001 and R9-2015-0100. Contractor r ""'"' ,additionally comply with the lawful requirements of the City, and any other municipality r ge districtfi or other local agency with jurisdiction over the yJ:.1-! location where the S~rvices e conducte~i re~arding discharges of storm water to separate storm drai9 syste!:!:ls or-other "'\"_li/courses, inc[adingapplicable requirements in municipal storm water m gemenf prograr11.s. ·,

3.2.1 3.'3 Compliance with Local Water Quality Requirements. In addition to compli ·- with the laws, orcfinances and regulations listed in paragraph 3.2.13.2, Contractor shall comply\'Apth all applicable r~quirements of the Orange County Drainage Area Management Plan ("DAMP"), the City of San Clemente Water Quality Improvement Plan ("WQIP"), the City of San Clemente Jurisdictional Urpan Runoff Management Plan ("JURMP"), and the applicable Water Quality Managet'n~nt Pl~m ("WQMP"). These documents contain Model Maintenance Procedures with Best M~nagement Practices ("BMPs"). These Model Maintenance Procedures contain pollution prevenfio11 ~nd source control techniques to minimize the impact of those activities upon dry-weather urban runoff, stormwater runoff, and receiving water quality.

Contractor shall be familiar with these documents and shall comply with the requirements as specified therein.

A copy of the DAMP is available on the internet at:
www.ocwatersheds.com
A copy of the San Clemente WQIP and JURMP are available on the internet at:
www.sccleanocean.org.

The City will provide a copy of any applicable project WQMP. 55452.01100\31090125.5 5
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3.2.13.4 Standard of Care. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in ( Sections 3.2.13.2 and 3.2.13.3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding the requirements of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement as they may relate to the Services.

3.2.13.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.13.2 and 3.2.13.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized vol~nteers f'.om_ and a~ainst a~y and all claim~.,:.c,£I~ma~s. losse~,f'. liabilities of any kind or n~ture which the City, its officials, officers, agents, eni~loyees and authorized volunteers may sustain or incur for noncompliance with the laws, regulcitiohs, and or,ainant es listed in Sections 3.2.13.2 and

3.2.13.3 of this Agreement arising out of or i11 CQnnectr©(l with the Services, except for liability resulting from the sole established negligence,'willful mfsconduct or active negligence of the City, its officials, officers, agents, employees or authorized v-61unteers. t· ~ - -,~
(B) Defense: City reserves the right to gefend any enforcement action or civil action brought against the City for Contractor'sfgjlure to comply with any applicable water quality law, regulation, or policy. - -eont[actor herJoy agrees to be bound by, and to reimburse the City for the co_sts assoi ia!ed with,'aily settlemen3i~ched between the City and r- •
the relevant enforcement entity. _ ... / ~w,
,r-(.O) Damages: City may s.~ek damages from Contractor for r ... - ,{,.., delay in completing the Services caused tiy~Contractor's failure to comply with the laws, regulations and policies _flescrib~sJ in Sections 3.2°.13.g and 3.2.13.3 of this Agreement, or any other rele.fcinf wateTqualify law, regul tion, or policy. • • r ... ~.3 Fees and Payments.

3.--3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services reQdered under this Agreement at the rates set forth in Exhibit "E" attached hereto @d incorporafed herein by reference. The total compensation shall not exceed Two Million,-four Hundred· Seventy-One Thousand, Thirty-Two DOLLARS and Eighty CENTS ($2,471,032.80). which includes an annual supplemental of One Hundred Twenty Thousand DOLLARS (120,000.00) without written approval of City's City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized invoice which indicates work completed and hours of Services rendered by Contractor.

The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Contractor's fees, the City shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
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3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "E" may be adjusted each year at the time of renewal as set forth in Exhibit "E."

3.4 Accounting Records.
i ,i;;>

3.4.1 Maintenance and lns,pection. Cdntractor shall maintain complete and accurate records with respect to all costs ancl _expenses,ipcl,lrrecl under this Agreement. All such records shall be clearly identifiable. Contractor shall allow·a representative of City during normal business hours to examine, audit, and make transcripts or copies of ~uch records and any other documents created pursuant to this Agreement. (?of},tractor shall allow inspectiofl of all work, data, documents, proceedings, and activities related to the Agreement for -a penoa· of four (4) years from the date of final payment under this reement. ..,

3.5 General Provisions.

3.5.1 Termination·°¾, A eement "\

3.5.1.4,~?!-\ G;ounds for~ TerminatLon. • City may, by written notice to Contractor, terminate the wholWOr'ariy p_art of tflis A_greement at any time, with or without cause, by giving written notice to Contrl?tor of such termin5ltionJ and specifying the effective date thereof, at least seven (7) days before the ~ffective date of sucnlermination. Upon termination, Contractor shall ti compensated only fofihose services which have been adequately rendered to City, and Contractorshall be entitlecf'to ·no furthe~ compensation. Consultant may not terminate this Agreement except for cause. \ •

3.5.1 .2 Effect of Termination. If this Agreement is terminated as provided herein, City m~y requireContractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (1 5) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:
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11672 Brookshire Avenue
Garden Grove, CA 92840
ATTN: Alfredo Jose Jimenez, CEO
7 6-7-22 / 4E-9
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Randy Little
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

3.5.4 Attorney's Fees. If either part} comnierjces an action against the other party, either legal, administrative or otherwisi, arising out oforin connection with this Agreement, the prevailing party in such litigation shall b~ entitled tf q,avE} and recover from the losing party reasonable attorney's fees and all other costs of such a¢tion. ,._ /

3.5.5 State License Board Notic -. -Gontractors are reguired bJ law to be licensed and regulated by the Contractors' State License Board which has-j{JJisdictfon to investigate complaints against contractors if a compla_inffe_garding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must lbe filed within ten (10) y~;~ of the date of the alleged violation. Any questions concer!Ji1)9 a contractor may bJ referrectto the Registrar, Contractors' State License Board, P.O. Box f-6[00, Sacramento, Ca · ia 95826. ~ !' -, i · 3.5.6 lnde~ cation. To the fullest e .... nt allowable by law, Contractor shall defend, indemnify an_d hold the@_fy, its officials, officer~j: mployees, volunteers and agents free and harmless from any and all claifl}s, demands, causes of action, costs, expenses, liability, loss, damai or injury, in law or ~l.Ji!)', to.._property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Contract&-. its Qfficials, officers, en;iployeesi?~gents, consultants and contractors arising out of or in connection with the performqnC~ of the"'Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney's fees and other related costs and expenses. Contractor srj'all defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions· or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers.

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

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
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3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.10 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.12 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do sot~hall be null and void, and any assignees, hypothecates or transferees shall acquire no _right or. interest· by reason of such attempted assignment, hypothecation or transfer. f .t,

3.5.13 Construction; References; Caption~~ Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be ,. construed simply, according to its fair meaning, ang not strictly for or against any Party. Any term referencing time, days or period for performance shall oe deemed calendar days and not work days. All references to Contractor include allpersonnel, employees, agents,· and subcontractors of Contractor, except as otherwise spe,cifi~d in this Agreeme-(IL All references to City include its elected officials, officers, employees, c!9ents, and volunteers except as otherwise specified in this Agreement. The captions of the,...variorus articles.1:ana~paragraphs are for convenience and ease of reference only, and do not d ,. me, limit, au t'Al"'1it, or describe the scope, content, or intent of this Agreement.

3.5.14 Amend ent Modificatio . o supplement, modification, or amendment of this Agre.ement shall be bfnding unless executed fn writing and signed by both Parties. -~ tJ;,:\ .. ,. 3.5.15 WaiveL No waiv.er of any default shall constitute a waiver of any other default ol,breach, whether of the same gr other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estQppel, or otherwise.

3.5.16 No Third....Party Beneficiaries. There are no intended third party beneficiaries of any right or obHgation assumed by the Parties.

3.5.17 Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
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3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex ( or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

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

3.5.21 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execi;ite: deliver, ~ind perform the Agreement. Each Party warrants that the individuals who have signed this Agnfoment have the legal power, right, and authority to make this Agreement and bind each respective Party . ..£

3.5.22 Counterparts. This Agreety1ent may be signed in couriterparts, each of which shall constitute an original. "

3.6 Subcontracting.
l - '"

3.6.1 Prior Approval Required. Contractor shall (jot subcontract any portion of the work required by this Agreeni~nt, except as expressly stated herein, without prior written approval of City. Subcontr:§ctt if any, shall contain a prpvision making them subject to all provisions stipulated in this Agreement. • "'-'"'
SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite their signatures.

ATTEST:

CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

BEST BEST & KRIEGER
By:-------------... City Attorney

APPROVED AS TO AVAILABILITY

OF FUNDING
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By: _____________ _
Its: ·--------------
Dated: , 2022 ---------
Colts Landscape, Inc.
("CONTRACTOR")
Contractor's License Number - - ---
By: ---------- - ---
Its: --- --- --------
Dated: , 2022 ---------
6-7-22 / 4E-13

WORKER'S COMPENSATION INSURANCE CERTIFICATION
LANDSCAPE MAINTENANCE OF CITY PROPERTIES EAST OF 1-5
Project No. C22-__

WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE ~OXES BELOW MUST BE CHECKED)
t.

I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensatiori;' as provided J3r by Section 3700 of the Labor Code, for the performance of the Jprk to be performed under this contract. '-- E .. "{
I have and will maintain workers' compe~sati~~ insurance, as required by Section 3700 of the Labor Code, for the perforrrfaflC!} of the work to be performed under this contract. My workers' compensation insuranceca_rrier and policynumber are:
,.,r,
I certify that, in the' performance of the work und_?r this Agreement, I shall not employ any pE1_rs0JJ. in_ any matiner so as to become subject to the workers' compensation laws bf s;alifornia, and I hereby agree to indemnify, defend, and hold harmless the City of { San Clemente anc! all,of its bffici9Is, employees, and agents from and against any and all claims, liabilities~ and losses rernting to personal injury or death, economic losses, and property damage ari%ing out of;my failure to provide such worker's compensation insLlrc!nte. I further agr~ethat, if I should become subject to the workers' compensation provisio11s of Section 3700 of the Labor Code, I shall forthwith comply with those provisions. f!.

WARNING: FAILURE TO SECURE WORKERS' COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENAL TIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.
55452.01100\31090125.5 12
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Dated: __________ , 20 _ _
Colts Landscape, Inc.

Contracting Firm
By:

Signature
Title
Address
55452.01100\31090125.5 13
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55452.01100131090125.5
EXHIBIT "A"

SCOPE OF MAINTENANCE SERVICES
(Included in the Technical Maintenance Specifications
on the following pages)
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EXHIBIT "B"

SCHEDULE OF MAINTENANCE SERVICES
(Included in the contractor's proposal Bid Form
on the following pages)
55452.01100\31090125.5
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1.1 Insurance.

EXHIBIT "C"

INSURANCE REQUIREMENTS

1.1.1 Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and not less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1 ), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

1.1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 1 O O 1 ( or endorsements providing the exact same coverage) to effectuate this requirement. 55452.01100\31090125.5 16 s :\cd\engi neering\secvre\admin\2022\6-7\all gram Uremoval .docx 6-7-22 I 4E-18
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers' Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

1.1.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

1.1.5 Waiver of Subrogation. All required policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its officials, officers, employees, agents and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.

1.1.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

1.1. 7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or 55452.01100\31090125.5 17 s:\cdlengineerlnglsecureladmin\2022\6-7\att graffittremoval.docx 6-7-22 I 4E-19
reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

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

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

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

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

1.1.12 Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as Additional Insureds to the subcontractor's policies. All policies of Commercial General Liability insurance provided by Contractor's subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work until it has received satisfactory evidence of subcontractor's compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 55452.011 00\31090125.5 18
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55452.01100\31090125.5
EXHIBIT "D"

PERFORMANCE BOND
(Performance Bond included on the following pages)

ENDOFPERFORMANCEBONDFORM
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EXHIBIT "E"

COMPENSATION
The work described in the contract documents IS subject to prevailing wage requirements.

Contractor shall provide a Performance Bond pursuant to Section 3.2.12.1 of this Agreement, executed by a surety meeting the qualifications described in Section 3.2.12.4. 55452.01100\31090125.5 20
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Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 7, 2022
Public Works/ Maintenance Services Division
Randy Little, Maintenance Manager
Agenda Item 4F
Approvals:

City Manager (:S .,J>
Dept. Head~
Attorney~
Finance /,i,J,v

APPROVAL OF AGREEMENT FOR MAINTENANCE SERVICES FOR GRAFFITI ADMINISTRATION AND REMOVAL WITH ED STEWART AND ASSOCIATES, INC.

Fiscal Impact: Yes. The FY 2022-2023 budget amount is $95,200. The agreement amount fluctuates due to the quantity of graffiti calls received.

Summary: Staff is requesting approval for the initial three-year agreement term with Ed Stewart and Associates, Inc., of San Clemente, CA.

Background: A Request for Proposal (RFP) was advertised on Planet Bids and in the San Clemente Times in March of 2022. Along with graffiti removal, the scope of work provides administration over the program with a dedicated phone line, answering service, administrative personnel, uploading of photos to the Orange County Sheriff's Department tagger site to track removal costs and coordinates of location. The work also includes prevailing wage rates for graffiti removal.

Staff received two proposals in response to the RFP from Real Estate Consulting Services Inc. (RECS), as well as Ed Stewart and Associates, Inc. Ed Stewart and Associates, Inc., established the graffiti program with the City several years ago, and have performed exceptionally well since 2007. Ed Stewart and Associates, Inc. was marginally higher in price for the administration of the program but staff feels they are a better value to the City with lower hourly labor and equipment fees that will result in savings over the agreement term.

Listed below are the two proposals with the following bid amounts:

Real Estate Consulting and Services, Inc.

Program Monthly Administration Fee: ..... $2,500
1 Man Crew ....................... ..................... $50 per hour 2 Man Crew .................................. .......... $80 per hour Equipment - Pressure Washer $100 per hour
Two Man Crew with Pressure Washer $180 per hour
Public Works Agenda Report
6-7-22 / 4F-1
Ed Stewart and Associates, Inc.

Program Monthly Administration Fee: ..... $3,000
1 Man Crew ............................................ $60 per hour 2 Man Crew ............................................ $80 per hour Equipment - Pressure Washer ................ $20 per hour Two Man Crew with Pressure Washer .. $100 per hour
Recommended
Action: STAFF RECOMMENDS THAT the City Council approve and authorize the Public Works Director/ City Engineer to execute an Agreement for Maintenance Services with Ed Stewart and Associates, Inc. not to exceed $285,600 for a three-year term to provide graffiti administration and removal.

Attachments: Agreement for Maintenance Services
Notification: None
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CITY OF SAN CLEMENTE

AGREEMENT FOR MAINTENANCE SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this __ day of ______ , 2022, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, located at 910 Calle Negocio, San Clemente 92673 ("City") and E. Stewart and Associates, Inc, a California Corporation, with its principal place of business at 1000 Calle Negocio, San Clemente, CA 92673 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties.''

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume r~spon1ibility for the provision of Graffiti Removal services on public property and specific priv13te 'pfoperty locations withi!] the City, as required by the City on the terms and conditions s~ fortn. in this Agreef'Qent 9nd ~ e Contract Documents, Plans, and Specifications for Graffiti Removal services dated April 412022 which , -- ::or are hereby incorporated as though fully set forth he,rein. The contract Documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Bid, together with this Agreement and all required bonds, ins!-lrance cer!ffi~tes, permits,.a_otices, and affidavits; and also including any and all addenda or suP,plemental agr~ements clarifying, or extending the work contemplated as may be required t~ nscfr~ its co111pl~tion in"an accep[able manner. Contractor represents that it is experienced ilUifl~iding Graffiti_ Removai:i~rvices, that it and its employees or subcontractors have all nec~is~rylicenses an~ permits tq ~egorm the Services in the State of California, and that it is familiafWith the plans of ~ity. ; -~~ .,. 1

2.2 Proi§ct.
.yity desires to engagE? 9ontra.ctof to render such services for the provision of Graffiti Remov\1, C22-_ project ("Prqj~ct") as set for.ltJ in this Agreement. - ~ - t{;

3. TERM~. 1

3.1 ScQpe Qf Service§__aJd Term. . . . ,
f'

3. 1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, maten~ls, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the Graffiti Removal services nece$sary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2022 to June 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
55452.01100\31090125.5
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3.2 Responsibilities of Contractor.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Neither City, ot any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by Jaw. Cor:itractqn.shall be responsible for all reports and obligations respecting such additionaj_pl sonne( [ncluglffg, but not limited to: social security taxes, income tax withholding, unem~!6fment in~_praii~ disability insurance, and workers' compensation insurance. "" "it - ·"-··~
-_ c- :,::~ .,

3.2.2 Schedule of Services. Contract2r~~palf perform -th§ $ervices ~ xpeditiously, within the term of this Agreement, and in accordanci{With~e SchedulEf of S~~i~@, set forth in Exhibit "B" attached hereto and incorporated herein oy refer'§!tfe. Contractor r"'~g,fesents that it has the professional and technical personnel I~Y.ired to pe arm the Servicesm conformance ,with such conditions. In order to facilitate Cg6J@&tQ1.~~conform~ _,.with the Schedule, City shall respond to Contractor's submittals in a timely~marmer~ Upon reqtt t of City, .Contractor shall provide a more detailed schedule of anticfg~ed perfgrn,an~~ to me~ffw Schedule of Services. '1£'" ? '- .... -i=.. -f:iar . .se:~ ~ J ::-.. - - ·c 2-
3 .2.3 Conformance~ o Applicable_- Requirements. All work prepared by Contractor shall be subject to t!w ~pproval of Ciiy::: ' fl"9 ¾, - ~c • t~p - J
g.~.4 City's Representative. Th~. cify hereby design~tes Randy Little, Maintenan~ ~§ilager;Qr~is/her d~sjgnee, to act as-ifi{representative in all matters pertaining to the ~ministration and_:,>R~rformance -of this Agreement ("City's Representative"). City's Repreie~~tive shall have l~ ~Q_wer to ~_cj1,;q!7 behalf of the City for review and approval of all products-~ mitted ?Y Contract2f°~!?.ut not th..tl~l;lth?rity to enlarge the S~o~e o'. Work or change the total Cb[1p~J1satIon due to CQntractor unaer this Agreement. The City s City Manager shall be authorized~~~~t on City's beH~!fJrnd to execute all necessary documents which enlarge the Scope of Work orch?nge the Contf?_gJ:or's total compensation, subject to the provisions contained in Section 3.3 of this Agreement. . Q_oJ,tractor shall not accept direction or orders from any person other than the City MaB.~~~r, City's Representative or his/her designee.

3.2.5 Co-rittactoPs Representative. Contractor hereby designates Edwin W.

Stewart, CEO, or his or heraesignee, to act as its representative for the performance of this Agreement ('!Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purp·oses under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his best-skill and attention, and · shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services_ Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors and other staff at all reasonable times.
55452.011 00\31090125.5 2
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3.2. 7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of Californi.a. Contractor represents and maintains that it is skilled in the discipline necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them.

Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incqropeteot, a threal to the adequate or timely completion of the Project, a threat to the safety of.p~f~ons of Q.rdpe@fa any employee who fails or refuses to perform the Services in a manner aq9eptable to the-City, shall be promptly removed "· .... , £ . from the Project by the Contractor and shall not ·q_f r~-emp_lpyed tq perform any of the Services or to work on the Project. ·.- • ~
~ r_

3.2.8 Laws and Regulations. Contr~gtgr shall keep itself fully iofo@_ed of and in compliance with all local, state and federal laws, rules and_ regulations in any jfranrier affecting the performance of the Project or the Service?, irn;luding all CaVOSHA requireffients, and shall give all notices required by law. Contractor sh~II be liable for all violations of such laws and regulations in connection with Services. jf the Cont.rn_ctor perfonns ~..,QY work knowing it to b~ contrary to such laws, rules and regulati~ns, Contraclor shall be solery espon!;iible for all costs arising therefrom. Contractor shall 9filend}indemnlfy Qr'id hold City, its officials, directors, officers, employees and agents free and t11agnless, pur~Oant to the mgemnification provisions of this Agreement, from any claim or =li@qil_ity arising ouf. of any fai!!J~e-:Or alleged failure to comply with such laws, rules or regulations; _' ' ;

3.J.9 :Safetv. Coritr~ctqr shall execute and maintain its work so as to avoid injury or damag~ fo ariy person-or p1:operty. l_ri:'carrying .out its Services, the Contractor shall at all times • be in cgrft)Sliance with all appli~t>J.e loca~ ~te and federal laws, rules and regulations, and shall exercise'~all necessary precautiQO~-for th~ fety of employees appropriate to the nature of the work and· the condhions under w]ich the work is to be performed. Safety precautions as applicable shall include, but shali lfE5t be limited to: (A) adequate life protection and lifesaving equipment and progedures; (B) -rlratructions in accident prevention for all employees and - -...... ~ ' subcontractors, si.Jc_h·as safe wal~ys, scaffolds, fall protection ladders, bridges, gang planks, confined space pro<;?dures, treQpning and shoring, equipment and other safety devices, equipment and wearirig ~pp?rel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facfiities for the proper inspection and maintenance of all safety measures.

3.2.1 O Labor

3.2.10.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seg., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the perfonnance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of 55452.01100\31090125.5 3 s:\cd\engineertnglsecure\admin\2022\6-7\att graffiUremoval.docx 6-7-22 / 4F-5
I I
per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its ( elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.2.10.2 Registration. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code sections 1725.5 and 1771. 1, effective March 1, 2015, Contractor and all subcontractors must be registered with the Department of Industrial Relations ("DIR"). Contractor shall maintain registration for the duration of the project c!nd require the same of any subcontractors. This p·roject may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to~the DL& -Notwithstanding the foregoing, the contractor registration requirements mandated by ~ r Catie "'sectioos 1725.5 and 1771.1 shall not apply to work performed on a maintenance project that is exemorpursuant to the small project exemption specified in Labor Code sections 1725~.and 1771~1.- ~;': • "i:;,;-: -,. -

3.2.11 Insurance. Contractor agre~~ t~ p~fure an; '""rv~intain, at Contractor's expense all insurance specified in Exhibit "C" attach~g he_r:~tQ and by this f~lerence Jpcorporated herein. Contractor .shall require all subcontractors"to carry the same policies a'.nd limits of insurance that the Contractor is required to maJnlaJ!l, unless o thlryvise approvea in writing by the City. - - ;.-· _ ,,•
--

3.2.12 Bonds.

3.2.12.1 P.erfil'r:mance Bonet - If sp~cffi.§.i?IIY requested by City in Exhibit "D" attached hereto and incorp9 r~t~fherein by ~ ference, Qq~ctor shall execute and provide to City concurrently with this Agr_~§~ent a Perforrn~nce E!PO~ in the amount of the total, not-toexceed comp~nsa~.9~_jndicatetl ir( this Agreement, a~_g 0-,f form provided or approved by the City. If sue:bJ>gnQ.J§~glJJ[E?d, no pij - ent will be m·aae to Contractor until it has been received and apprg_v_gg by the City. --~:.. ~ ~ . -
¥ ~_,,. 3.2.12-.2:. ..,Payment &id. If required by law or otherwise spec[fically requesteifqy q ty in Exhibit "D" aagi~hed heretcifand incorporat~d herein by reference, Contractor shall executer @,_g provide to City c§n~urrently with this Agreement a Payment Bond in the amount of the total, not-'~ ~ceed compe~~ tion indicated in this Agreement, and in a form provided or approved by the Crty:_Jf such bon_g i§'required, no payment will be made to Contractor until it has been received and appr9yed by _tije City.
3:2.1} 3 -~Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew .or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice $hall be given to the City, and Contractor shall post acceptable replacement bonds at least ten ('10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the 55452.01100\31090125.5 4
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Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

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

3.2.13 Water Quality Management and Compliance.

3.2.13.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times _ .. Jturing ·"the Se.rvif es. Contractor hereby acknowledges that it has investigated the risk a ·~11, from such ~fers, has prepared its Bid accordingly, and assumes any and all risks and I ies aris~~g thefefrom. •·

3.2.13.2 Compliance wit ate~ Quality Laws, Ordinances and Regulations. Contractor shall keep itself and all --· actors, stgff, end e~ ployees fully informed of and in compliance with all local, state and1. _. . _ ws, rules andl ~gulalions that may impact, or be implicated by the performance of thlls~ s including, ~ ~limitation, all applicable provisions of the City's ordinances reg1,.1lating discITarges of storm wafer; the Federal Water Pollution Control Act (33 U.S.C. § 1251-~t $eq.);. theT"€.alifQmia Porter-Cologne Water Quality Control Act (Water Code§ 13000 f!f..seq.); aiiq any and all reg'alations, policies, or permits issued pursuant to any such authority. TQese include, but are not IITru!.~a to San Diego Regional Water Quality Control Board Order No. R9-:2013-0001 as amended by Order Nos. R9-2015-0001 and R9-2015-0100. Contractor she-"fi~aditionally _efomply witj}-ffi~ lawful requirements of the City, and any other municipality, d~i~age district, of other lo~ Tge ncy with jurisdiction over the location where the Services are:to l:Je conducted, r@garding di~charges of storm water to separate storm drain systems or other watert911_rses, including appliGc3ble requirements in municipal storm water man9gement programs. - -
EC 3.2.13.3 Compli ~e with Local Water Quality Requirements. In addition to compli§pCE;! with the laws, orqinapces ancf"Thgulations listed in paragraph 3.2.13.2, Contractor shall comply with all applicable r~quirements"of lhe Orange County Drainage Area Management Plan ("DAMP"}, the City of San Cl~m~nte Water Quality Improvement Plan ("WQIP"), the City of San Clemente J!:)ri§dictional Urbf n Funoff Management Plan ("JURMP"), and the applicable Water Quality Man?gement Plan~ {i\/QMP"). These documents contain Model Maintenance Procedures with Best Management Practices ("BMPs"). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, stormwater runoff, and receiving water quality.

Contractor shall be familiar with these documents and shall comply with the requirements as specified therein.

A copy of the DAMP is available on the internet at:
www.ocwatersheds.com
A copy of the San Clemente WQIP and JURMP are available on the internet at:
www.sccleanocean.org.

The City will provide a copy of any applicable project WQMP. 55452.01100\31090125.5 5 s:\cd\engineeringlserureladmin\2022\6-7\att grafii!removal.docx 6-7-22 / 4F-7

3.2.13.4 Standard of Care. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in ( Sections 3.2.13.2 and 3.2.13.3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding the requirements of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement as they may relate to the Services.

3.2.13.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.13.2 and 3.2.13.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials, officers~ agents. employees and authorized volunteers from and against any and all claims, d~ands, lol'se§ or liabilities of any kind or nature which the City, its officials, officers, agents, emplgyees and authorized volunteers may sustain or incur for noncompliance with the laws, regulation~ and ordina1tces listed in Sections 3.2.13.2 and

3.2.13.3 of this Agreement arising out of or in connection With the Services, except for liability resulting froni the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized~volunteers. •• "li
(8) Defense: City reserves the right to defend any enforcement action or civil action brought against the Cityi for Contractor's failure to comply with any applicable water quality law, regulation, or policy. 4'Gontractor hereby agr~es Jo be bound by, and to reimburse the City for the ·costs associate.a with, any §ettlement reach¥?d between the City and the relevant enforcement entity. ,. ~ -
' .1'.:-:\ , ..
(~l ; - Damages: ~City may see!{'·damages from Contractor for delay in completing the Se~s caused by q,ontractor's failure to comply with the laws, regulations and policies describe~ in Sections 3.2.13.2 and 3.2.13.3 of this Agreement, or any other relev f water quality law, regulation, or policy.

Fees and PaymeQts .
. 3.1 Compensation. Contract6r shall receive compensation, including authorized reimbursem .... , for all Services renqered under this Agreement at the rates set forth .in Exhibit "E" attached hereto ahd [email protected] herein by reference. The total compensation shall not exceed Two Hundred Eighty-Five Thousand, Six Hundred DOLLARS ($285,600), without written approval of City's City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized invoice which indicates work completed and hours of Services rendered by Contractor.

The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and i:1ay all non-disputed and approved charges thereon. If the City disputes any of Contractor's fees, the City shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
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3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. _ In the event that this Agreement is renewed pursuant to Section 3.1 .2, the rate set forth in Exhibit "E" may be adjusted each year at the time of renewal as set forth in Exhibit "E."

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expe0_s-~~ inc.ff;~~ under this Agreement. All such records shall be clearly identifiable. Contractor shIDl~low aF~esentative of City during normal business hours to examine, audit, and make trans'c'opts or coRles of such records and any other documents created pursuant to this Agreement. ~~ctor §baff allow inspection of all work, data, documents, proceedings, and activities related to "'t ~"'f - .. ment for a period of four ( 4) years from the date of final payment under this Agreemen .

3.5 General Provisions.

3.5.1 Termination of A

3.5.1.1 Grounds tion.

Contractor, terminate the whole or any p f this A..9~ement at any ffm=e, with or without cause, by giving written notice to Contractgr of sue • termin[tion, and specifying the effective date thereof, at least seven (7) days before the ~ective date o~ h term[nation. Upon termination, Contractor shall be compensated only fora.cthQ~e services whicrrhave bten adequately rendered to City, and Contractor shall be entitled t~m_ further comperisa~on;;§Consultant may not terminate this • --==-<-- ~ ""G- -- ~ Agreement e - ·_gr-,";_@U§.e. ~ '".;:--fr:;=- - -~~~ ~

3.5.11-:-2~ Effect of Termination. If this Agreement is terminated as provide_ _ __ in, City may requrffi-,.Contractor to provide all finished or unfinished Documents and Data ana~er information of arfy~kind prepared by Contractor in connection with the performance of Service§-,.unaer this Agreemen,t Contractor shall be required to provide such document and other inform3ff-.s..c."?- ·thin fifteen (15) days of the request. i ,;

5.1.3 Aclditional Services. In the event this Agreement is terminated in whole or in part a _ ,jfled b~~in, City may procure, upon such terms and in such manner as it may determine appr~J~~s~rvices similar to those terminated. ' ~~~~ 'C"=:--~ -

3.5.2 DelivePZ of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

City:
55452.01100\31090125.5
s:\cd\engineering\secvre\admin\2022\6-7\aU graffitiremo'lal.docx E. Stewart and Associates, Inc.
1000 Calle Negocio
San Clemente, CA 92673
ATTN: Edwin W. Stewart, CEO
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Randy Little
7 6-7-22 / 4F-9
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice ( occurred, regardless of the method of service.

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

3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees a_nd all other costs of such action. ---

3.5.5 State License Board Notice.cl'.:ontrac~~tare required by law to be licensed and regulated by the Contractors' State License1 Board wt;h has jurisdiction to investigate complaints against contractors if a qomplaint regar]ling a patefil actor omission is filed within four ( 4) years of the date of the alleged violation. A ~om plaint r~garding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor m9y be referred to the Registrar; Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826.

3.5.6 Indemnification. To the fullest extent allowable by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, yglunteers and agents ·free and harmless from any and all claims, de[tands; causes qf action, cost~} expenses, liability, loss, damage or injury, in law or equity, to~property or pern_Q[ls, including wrongful death, in any manner arising out of or incident to any iJleged acts, gfnissions, negligence or willful misconduct of Contractor, its officials, officersc..e@loyees, age@s, consultants and contractors arising out of or in connection with the performance of the ServlP€s, the Project or this Agreement, including without limitation th_e payment offi.!1 consequential clarnages and attorney's fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all sy_gh aforesaid suits, actions or other legal proceedings of every kind that may be brought or instLfoted against City, its directors, officials, officers, employees, agents or volunteers.

Contraa or shall pay and satisfy -any judgment. award or decree that may be rendered against City or its offig_ials, officers, ep,ployees, agents of volunteers, in any such suit, action or other legal proceeding. Contractor shall reim_burse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcfng the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insuranc~ proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

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

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
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3.5.10 City's Right to Employ other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.12 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.13 Construction: References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, theJwguaQ_~ of this Agreement shall be construed simply, according to its fair meaning, aod _npt strict[! f.9r or ~gain st any Party. Any term referencing time, days or period for performancfsiiall be del m~d calendar days and not work days. All references to Contractor include all personnel, emp~e½~ <!gents, and subcontractors of Contractor, except as otherwise specified in this Agreement All ref~rences to City include its elected officials, officers, employees, agents, and volunt~ers· except as"oiherwise specified in this Agreement. The captions of the various articles an~fparagraphs are for convenience and ease of reference only, and do not define, limit, augment,~r de~crib~ the scope, content, or intent of this Agreement. -_-.
-

3.5.14 Amendment: Modifi ent, modification, or amendment of this Agreement shall be binding unless e)[~_ signed by both Parties. =~ ~

3.5.15 Waiver. No waiver of an11,
default or breach, whether ofJ h~ ~same or ot
privilege, or service voluntaril;t"gfven or perfor ·-
contractual rig s ~ om, esloppel, or otherwis- .
;:constitute a waiver of any other
.... ~condition. No waiver, benefit,
rty shall give the other Party any
Party Beneficiaries. There are no intended third party
benefi n assu~~d by the Partie_s.
-3.5.17 Invalidity: · - verabilitv:~ 1(any portion of this Agreement is declared invalid, illegal, or ot e~i,~e unenforceabl~ by a court of competent jurisdiction, the remaining provisions shall continue 1n:.full force and effe'ct. ~=- -

3.5.18. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any fOmpany or person, other than a bona fide employee working solely for Contractor, to solicit 6i' secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or 55452.01100\31090125.5 9
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termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

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

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

3.5.22 Counterparts. This Agreeynent may b _ signed in counterparts, each of which shall constitute an original. ll ,._ ~ ~

3.6 Subcontracting.

3.6.1 Prior Approval Required.
the work required by this Agreement, except
approval of City. Subcontracts, if any, shal
provisions stipulated in this Agreement.
~ , .. , ..

Corifractor shall not subcontract ariy portion of
s expressly ~tated herein, without prior written
"~ ain a provision ,making them subject to all ~
N FOLLOWING PAGE]
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(
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite their signatures.

ATTEST:

CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

BEST BEST & KRIEGER
By:-----,_;..---------- City Attorney

APPROVED AS TO AVAILABILITY

OF FUNDING
55452.01100\31090125.5
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By: _ _ ___ ________ _
Its: ---------------
Dated: _ _______ , 2022
E. Stewart and Associates, Inc.
("CONTRACTOR")
Contractor's License Number - -----
By: ___________ _
Its: -------- - - - - - --
Dated: _ ______ _ , 2022
6-7-22 I 4F-13

WORKER'S COMPENSATION INSURANCE CERTIFICATION

GRAFFITI REMOVAL
Project No. C22-__

WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
C
C
C
&~~ I have and will maintain a certificate of c..9nsent front'the California Labor Commission to self-insure for workers' compensatiorfias providedfor by Section 3700 of the Labor Code, for the performance of the work t~ be perforrn~d under this contract. ~ • - I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the perform an~ of the work to be performed uhder this contract. My workers' compensation insurance carrier and policy number are:

Carrier _________-f", _ : e-~· - - -=----'---'--- ----,',=-- ==:.
~
Policy Number ____ -----c::--~==s: ~=----:==---------- J .'f~ .• r_ f ~t
I certify that, in the pe1£rmance of the .J< under this Agreement, I shall not employ any_.Qerson in any manner so as to become subject to the workers' compensation laws oJGalifornia, a_nd I hereby agreE! to indemnify, defend, and hold harmless the City of -: --~Clemente and all of its officials, employees, and agents from and against any and claims, liabilities, ,Jnd losses relating to personal injury or death, economic losses, _ d property damage arising out of my failure to provide such worker's compensation instJraf!ce. I further agree that, if I should become subject to the workers' compensation provisions of ,Section 3700 of the Labor Code, I shall forthwith comply with those provisions.

WARNING: FAI_LURE TO SECURE WORKERS' COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENAL TIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.
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(
Dated: __________ , 20 __
E. Stewart and Associates, Inc.

Contracting Firm
By:

Signature
Title
Address
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55452. 01 100131090125.5
EXHIBIT "A"

SCOPE OF MAINTENANCE SERVICES
(Included in the Technical Maintenance Specifications
on the following pages}
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6-7-22 / 4F-16
55452.01100131090125.5
EXHIBIT "B"

SCHEDULE OF MAINTENANCE SERVICES
(Included in the contractor's proposal Bid Form
on the following pages)
~
""'- E
7_-:;::c
t.
~~
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1. 1 Insurance.

EXHIBIT "C"

INSURANCE REQUIREMENTS

1.1.1 Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability (
Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and not less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); ( or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1 ), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

1.1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 ( or endorsements providing the exact same coverage) to effectuate this requirement. 55452.01100\31090125.5 16
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(
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been seNed upon the City except ten (10) days shall be allowed for non-payment of premium. (8) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been seNed upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers' Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been seNed upon the City except ten (10) days shall be allowed for non-payment of premium.

1.1.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contaih such provisions.

1.1.5 Waiver of Subrogation. All required policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its officials, officers, employees, agents and volunteers and shall require similar written express waivers and insurance cla.uses from each of its subcontractors.

1.1 .6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

1.1. 7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver_ either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen ( 15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be f iled with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or 55452.01100\31090125.5 17
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reduction of coverage, file with the City evidence of insurance showing that the required insurance ( has been reinstated or has been provided through another insurance company or companies.

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

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

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

1.1.11 Requirements Not Limiting. Requirem·ent of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. •

1.1.12 Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers . as Additional Insureds to the subcontractor's policies. All policies of Commercial General Liability insurance provided by Contractor's subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work until it has received satisfactory evidence of subcontractor's compliance with all insurance require_ments under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 55452.01 100\31090125.5 18
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EXHIBIT "0"

PERFORMANCE BOND
(Performance Bond included on the following pages)
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EXHIBIT "E"

COMPENSATION
The work described in the contract documents IS subject to prevailing wage requirements.

Contractor shall provide a Performance Bond pursuant to Section 3.2.12. i of this Agreement, executed by a surety meeting the qualifications described in Section 3.2.12.4. 55452.011 00\31090125.5
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Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 7, 2022
Public Works / Maintenance Services Division
Randy Little, Maintenance Manager
Agenda Item 4 (;,
Approvals:

City Manager 4, '7 1/)
Dept. Head ~
Attorney CJ"
Fina nee ~ 1,).L-"

APPROVAL OF AGREEMENT FOR MAINTENANCE SERVICES FOR CITY TRAILS WITH REAL ESTA TE CONSUL TING AND SERVICES, INC.

Fiscal Impact: Yes. The total three-year agreement cost is $507,000 which includes an annual supplemental of $50,000 for major trail grading and repairs.

Summary: Staff is requesting approval for the initial three-year agreement term with Real Estate Consulting and Services, Inc., of Lake Elsinore, CA.

Background: A Request for Proposal (RFP) was advertised on the City's public bidding system, Planet Bids and in the San Clemente Times in March of 2022. This RFP provides for the trail maintenance at, San Clemente Beach, Sea Summit, San Pablo Trailhead, Forster Ranch Ridgeline and the Rancho San Clemente Ridgeline. The RFP provides trash and litter removal seven days a week on all City trails except the Beach Trail.

The Beach Trail will have trash removed three times daily, 365 days a year. This is in response to complaints of overflowing trash cans all year long when only collected once a day. The increased in scope will cost approximately $24,000 a year.

Recommended
Also included is the provision for 100 tons of stabilized decomposed granite to be used to fill in holes, rills and low areas.

Staff received three proposals with the following bid amounts:
• Real Estate Consulting and Services, Inc. $119,000
• Colt's Landscape, Inc. $165,258
• Priority Landscape Services, LLC. $ 380,150
Maintenance Services staff interviewed the two lowest bidders and also checked references for Real Estate Consulting and Services, Inc. where the cities of Laguna Niguel and Mission Viejo indicated their satisfaction with their services.

Action: STAFF RECOMMENDS THAT the City Council approve and authorize the Public Works Director/ City Engineer to execute an Agreement for Maintenance Services with Real Estate Consulting and Services, Inc. not to exceed $507,000 for three-years to maintain City Trails.

Public Works Agenda Report
6-7-22 I 4G-1
Agenda Report
Attachments: Agreement
Notification: None.
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6-7-22 I 4G-2

CITY OF SAN CLEMENTE

AGREEMENT FOR MAINTENANCE SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this __ day of _ ______ , 2022, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, located at 910 Calle Negocio, San Clemente 92673 ("City'') and Real Estate Consulting Services, Inc., a California Corporation, with its principal place of business at 18345 Pasadena Street, Lake Elsinore, CA 92530 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Contractor.
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Contractor desires to perform and assum ~ponsibIBty for the provision of certain City Trail maintenance services required by the City on\lne terms and cqoditions se_t forth in this Agreement and the Contract Documents, Plans, al"J.~.i.Specifications for City Trail maintenance services dated March 10. 2022 which are hereby in"corporated as though fully set forth herein.

The contract Documents for the aforesaid project shall consist ol the Notice Inviting Sealed Bids, Instructions to Bidders, Bid, together with this Agreement and all required bonds, insurance certificates, permits, notices, and affidavits~ and also including any and all addenda or supplemental agreements clarifying, or eJtending thE;, wort< contemplated as may be required to ensure its completion in an acceptable rfl~ner. ~o_!ltractor represents that it is experienced in providing City Trail Maintenanc~: services to _public clrenfs, that it and its employees or subcontractors have all neces~J3ry li~enses and p ermits to perform the Services in the State of ~·' t California, and that it is familia'r{with the plans of €Jfy. ~~'- ~

2.2 Proj~ct
desires to engage Contractor to {ender such services for the City Trail Maintenance C22- project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Sco_p_g__gf Service~and Term.

3.1. 1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the City Trail maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2022 to June 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
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3.2 Responsibilities of Contractor.

3.2.1 Independent Contractor: Control and Payment of Subordinates. The ( Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. <tr61Jtract9r;t§hall be responsible for all reports and obligations respecting such additional-i)ersonnel, includ1i;fg, but not limited to: social security taxes, income tax withholding, unemployment insuranct, disability insurance, and workers' compensation insurance. v- ~ ? 1;~~ ~- -=

3.2.2 Schedule of Services. Contractor -shalf perform 1he_Services expeditiously, within the term of this Agreement, and in accordance with the Schedul~ bt-Servic;-s . set forth in .,,,_- --==-=;g Exhibit "B" attached hereto and incorporated herein By reference. ContractQ:r repsesents that it has the professional and technical personnel_,r:equjred to per@rm the Services in- conformance with such conditions. In order to facilitate Cootractor's._conformance ..yith the Schedule, City shall respond to Contractor's submittals in a ti_fijeJy manner._ Upon request of City, Contractor shall provide a more detailed schedule of antiofpaled perf9-rmance to meJt ~ Schedule of Services. ~ "• ~ ~ -=- ' - ~

3.2.3 ConformanG'e lo Applicable, Requirements. All work prepared by Contractor shall be subject to the approval of City. - \-~~w . t .. ~ - ·~- = ! "'= - - ~ l

3.2.:4 City's Representative. Th~City •hereby designates Randy Little, Maintenange'Manage cir hl,p/her a~signee, to act as 1ts~fepresentative in all matters pertaining to the administration an-a p"""erformarice -of this Agreement ("City's Representative"). City's Representative shall have Tn~ po.wer to aet on behalf of the City for review and approval of all products~submitted by Contractor but not th_e(~l,Jthority to enlarge the Scope of Work or change the total comper:isation due to Con{f9ctor u6aer this Agreement. The City's City Manager shall be authorizea Jo__:a_ct on City's benlJJ~nd to execute all necessary documents which enlarge the Scope of Workorchange the ContraJ.1tor's total compensation, subject to the provisions contained in Section 3.3 of this Agreement. t~q'.itractor shall not accept direction or orders from any person other than the City Manag~r. Cjty'~Representative or his/her designee. ~ .~

3.2.5 c; nfract&'s Representative. Contractor hereby designates Jeffrey Coss, President, or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors and other staff at all reasonable times.
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3.2. 7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the discipline necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them.

Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incQmpete@ , a threat Jo the adequate or timely completion of the Project, a threat to the safety of.persons or-P.rQperty, or any employee who fails iF.:.. -..c.. - or refuses to perform the Services in a manner ae~ptable to tl:le City, shall be promptly removed from the Project by the Contractor and shall not~ . r~-employe_d tQ Qerform any of the Services or to work on the Project. '\
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3.2.8 Laws and Regulations. ContraftoFshall keep itself fully informed of and in compliance with all local, state and federal laws, rul~'~ a?!dregµlations in any manner affecting the performance of the Project or the Services,..iocJuding all ~ al/OSHA requirements, and shall give all notices required by law. Contractof'shall be liable for aU violations of such laws and regulations in connection with Services. JHheCdntractor performs any work knowing it to be contrary to such laws, rules and regulatio};ls, Contraclor shall be soleJy_ responsible for all costs arising therefrom. Contractor shall defend';lindemnlfy ana hold City, its officials, directors, officers, employees and agents free and fuarmless, pur§'!iant to the indemnification provisions of this Agreement, from any claim or ia ,wiUty arising out"of any failu e c.0r alleged failure to comply with such laws, rules or regulation . \
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32.9 Safety. Con - ctoc shall execute ana maintain its work so as to avoid injury or damam,~Jo any person-orprQperty:"rn carrying out its Services, the Contractor shall at all times be in ci'Q'lpliance with all applicable locaf stat~ and federal laws, rules and regulations, and shall exercise¾.all-n~cessary precautions for the safety of employees appropriate to the nature of the work and 'tbe conditions under .which the work is to be performed. Safety precautions as applicable snail include, but shalUim be limited to: (A) adequate life protection and lifesaving equipment and ~.procedures; (B) . instructions in accident prevention for all employees and subcontractors, sucn as safe wall<Ways, scaffolds, fall protection ladders, bridges, gang planks, confined space proce_dures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.10 Labor

3.2.10.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of 55452.01100\31090125.5 3
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per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal ( place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.2.10.2 Registration. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code sections 1725.5 and 1771 .1, effective March 1, 2015, Contractor and all subcontractors must be registered with the Department of Industrial Relations ("DIR"). Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly t9JJ,e DIB'."" Notwithstanding the foregoing, the contractor registration requirements mandated by Cabor Code sections 1725.5 and 1771.1 shall not apply to work performed on a maintenance project that is exe-mpfpursuant to the small project exemption specified in Labor Code sections 172~ and 1771 J . .

3.2.11 Insurance. Contractor agre: to jjf ~re and maintain, at Contractor's expense all insurance specified in Exhibit "C" attache_cLhereto and by thil referencefiflcorporated herein. Contractor shall require all subcontractors"'·to carry,,,Jhe same policies-;:cind limits of insurance that the Contractor is required to maintain, unless otf.terwise approvea in writing by the City.

3.2.12 Bonds. L ='- "-

3.2.12.1 P.erforrnance Bond. If specifiq911y requested by City in Exhibit "D" attached hereto and incoq:~,Q.[ated herein by r].'lference, ~ant.Factor shall execute and provide to City concurrently with this Agreement a Performance Bo-nd in the amount of the total, not-toexceed comp~_ns_ation indicatea ~ this Agreement, an in a form provided or approved by the City. If such bol}.djs=tequired, no P<!yment will be made o Contractor until it has been received and approved by the Cffy. "'
f ~ ~~

3.2.12.2 ~.eayment Bond, If required by law or otherwise specifically requested by City in Exhibit "D" attached herefo4"'and incorporated herein by reference, Contractor shall execute ana Rrovide to City corj}urrently with this Agreement a Payment Bond in the amount of the total, not-t~ex~eed compen1~tion indicated in this Agreement, and in a form provided or approved by the City. If such bond i~;required, no payment will be made to Contractor until it has been received and approv~d by the-City.

3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the 55452.01100\31090125.5
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Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

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

3.2.13 Water Quality Management and Compliance.

3.2.13.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times 9_uring 1the Services. Contractor hereby acknowledges that it has investigated the risk arising from\.suc_tr~waters, has prepared its Bid accordingly, and assumes any and all risks and ll$bilities arisi9g therefrom. \ " '- - 3.2.13.2 Compliance witn Water Quality Laws, Ordinances and Regulations. Contractor shall keep itself and all .. subcontractors, staff, and employees fully informed of and in compliance with all local, state an~tederal laws, rules and1egu_lations that may impact, or be implicated by the performance of thl ¼services including, without limitation, all applicable provisions of the City's ordinances regulating discnarges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 ef seq.); the" G---alifornia Porter-Cologne Water Quality Control Act (Water Code§ 13000 ~( seq.); a d_an_y and all r~gulQtions, policies, or permits issued pursuant to any such authority. Tffi'ese includ~, but are not limi!_ea to San Diego Regional Water Quality Control Board Order ~o. R9-2013-00J)1 as amended by Order Nos. R9-2015-0001 and R9-2015-0100. Contractor sri,,fll additionally ~"' ply with the lawful requirements of the City, and any other municipality, dk?Jtge district, o her loc.al,tagency with jurisdiction over the location where the Services are~ro-oe conducted, " ar,ging discharges of storm water to separate storm drain systems-or other w,hercourses, includiFfg-applicable requirements in municipal storm water mangge-m~ot pr_ograms. ~ /
~- 3.2.13.~ Compliance with Local Water Quality Requirements. In addition to compl@nce with the laws, ordinances and regulations listed in paragraph 3.2.13.2, Contractor shall comply;with all applicable requirements of the Orange County Drainage Area Management Plan ("DAMP:J, thE=,i City of San Clemente Water Quality Improvement Plan ("WQIP"), the City of San Clemente ""Jurisdictional Urb1n Runoff Management Plan ("JURMP"), and the applicable Water Quality Man_ggement Pia □ (~QMP"). These documents contain Model Maintenance Procedures with Best M-anagement Practices ("BMPs"). These Model Maintenance Procedures contain pollution previ ntion a·no source control techniques to minimize the impact of those activities upon dry-weather urban runoff, stormwater runoff, and receiving water quality.

Contractor shall be familiar with these documents and shall comply with the requirements as specified therein.

A copy of the DAMP is available on the internet at:
www.ocwatersheds.com
A copy of the San Clemente WQIP and JURMP are available on the internet at:
www.sccleanocean.org.

The City will provide a copy of any applicable project WQMP. 55452.01100\31090125.5
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3.2.13.4 Standard of Care. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them ( without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding the requirements of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement as they may relate to the Services.

3.2.13.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.13.2 and 3.2.13.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials__. 9-fficer.§_;- agents.~mployees and authorized volunteers from and against any and all claims, demanos, losses or liaE>ilities of any kind or nature which the City, its officials, officers, agents, emplpyees and authonzed volunteers may sustain or incur for noncompliance with the laws, regulations, and ordina·qces liste<:l in Sections 3.2.13.2 and

3.2.13.3 of this Agreement arising out of or in connection wjtli the Services, except for liability resulting from the sole established negligence, willful mfscontluct or actfve ~- ligen e of the City, its officials, officers, agents, employees or authorizect-vQlunteers. • (B) Defense: City reserves-tl}e right to defen y enforcement action or civil action brought against the City for _Contractor's failure to comply with any applicable water quality law, regulation, or policy. J Gontractor hereby agrees .,Jo be bound by, and to reimburse the City for the costs associat_!d with, any seftl~ment reac.,r)d between the City and the relevant enforcement entity. , -
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(~ 2 amages: ; city may see~f,,damages from Contractor for delay in completing the Servtces~caused by Contractqr's "failure to comply with the laws, regulations and policies descri8ed]n Sections 3.2.13.2 and 3.2.1 3.3 of this Agreement, or any other relevant water quaJify law, regulation, or policy . .£
4-3.3 Fees and PaY!lle11ts.
" 3.3.1 Compensatfon. Con ractor shall receive compensation, including authorized reim6ursements, for all S~rvices rendered under this Agreement at the rates set forth in Exhibit "E" attached hereto and ihcorporated herein by reference. The total compensation shall ' not exceed Five Hundred Seven iTh9usand DOLLARS ($507,000.00), which includes an annual supplemental of Fifty Thousand DOLLARS (50,000.00),) without written approval of City's City Council. Extra Work may ·be- authorized, as described below, and if authorized, will be compensated at the rates ana manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized invoice which indicates work completed and hours of Services rendered by Contractor.

The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Contractor's fees, the City shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
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3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "E" may be adjusted each year at the time of renewal as set forth in Exhibit "E."

3.4 Accounting Records.
" 3.4.1 Maintenance and lnspech- Contractor shall maintain complete and ·-·•····"' .... - accurate records with respect to all costs and expeJises incurred under this Agreement. All such records shall be clearly identifiable. Contractor sha''fl allow a representative of City during normal business hours to examine, audit, and make transcrJe, s or copies of such records and any other documents created pursuant to this Agreement. Confr4ctor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a perioa of four (4) years from the date of final payment under this Ag ernent. ....

3.5 General Provisions.

3.5.1 Termination of Agre
!

3.5.1.1 ,.,.. Grounds for T ination. -,City may, by written notice to Contractor, terminate the whole or ariy part of this'fi_gree_ment-at any time, with or without cause, by giving written notice to Contractorof such terminatiqn, and specifying the effective date thereof, at least se\l.e'h (7) days beforeJhe effective date of such termination. Upon termination, Contractor shall be..,;eompensated only for those services which have been adequately rendered to City, and Contraetor ?"shall be entitled to no further compensation. Consultant may not terminate this Agreemeijtexcept for cause. - - _ - ...
...~ 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, Cjty may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreeme-nt. - Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:
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Real Estate Consulting Services, Inc.
18345 Pasadena Street
Lake Elsinore, CA 92530 .

ATTN: Jeffrey Coss, President
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City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Randy Little
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign anyJidditional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. }ii;" ~%7-

3.5.4 Attorney's Fees. If either~Rarty comm"tnces an action against the other party, either legal, administrative or otherwise, arising out oflp1,"fn connec_tipn with this Agreement, the prevailing party in such litigation shall be entitled to haVe and recove· rom the losing party reasonable attorney's fees and all other costs of such~action. "ii ,.._ ~

3.5.5 State License Board Notice. Contractor_§--ar~ required by to be licensed and regulated by the Contractors' State Licen§e_ Board which- has jurisdiction to investigate complaints against contractors if a complaint regaroing a patent act or Qmission is filed within four (4) years of the date of the alleged viol~Jion. A complaint regardingt e latent act or omission pertaining to structural defects must be ' tiled within ien (10) years of the date of the alleged violation. Any questions concernipg-cii,contractoi may be rfferred to the Registrar, Contractors' State License Board, P.O. Box 26'000, Sacramento, California 95826 . .,, I, '--

3.5.6 - Indemnification. To the fullest extent allowable by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmlessirom any and all claims, demands, causes of action, costs, expenses, liability, loss, damaglor in]ury, in law or equity,_to property or persons, including wrongful death, in any manner arising~ uf of or incident to any c1lleged apt§r,._ omissions, negligence or willful misconduct of Contractor, its officials, officers, em} Joyees, ag&'nts, consultants and contractors arising out of or in connection with the performance} of the Services, the Project or this Agreement, including without limitation to_e payment of all c'gnsequential damages and attorney's fees and other related costs and expenses. Contractor -Sh~II defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers.

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

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
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3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.10 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.12 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreem.§r,Jt or any interest herein without the prior written consent of the City. Any attempt to d_o so shalftg} null and void, and any assignees, hypothecates or transferees shall acquire no cight or inter~st by reason of such attempted assignment, hypothecation or transfer. t. - ,i~ '~ 'ti;!¥ "' 3.5.13 Construction: References: Captions. Since the Pc1rties or their agents have participated fully in the preparation of this Agreemen!, the language of tnis Agreement shall be construed simply, according to its fair meaning, and ri'"ot stri~tly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar aays and not work days. All references to Contractor include q.j!,'personnel, employ~s, agents, and subcontractors of Contractor, except as otherwise specifi~j ';'.ln this Agre~ment. AILreferences to City include its elected officials, officers, employees, ager\'(§. and volunteers excepras otherwise specified in this Agreement. The captions of the various "ar;ticles aod paragraphs are for convenience and ease of reference only, and do not defi_De, limit, augm~mt, or describe the scope, content, or intent of this Agreement. , E~~~ • ~ i:.~E't\":'.-
t{}°

3.5.14 Amend me • : Modification. No supplement, modification, or amendment of this Agreement shall ~e binding unless ~xecuted in writing and signed by both Parties . . ,"P' 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default''-m breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual nghts by custom, estoppel, or otherwise. F- -

3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. -c:= -=- =

3.5.17 Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
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3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex ( or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

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

3.5.21 Authority to Enter Agreerien . Contractor has all requisite power and authority to conduct its business and to execute, ~iver, ancl p~ rform the Agreement. Each Party warrants that the individuals who have signed this Agreement-have the legal power, right, and authority to make this Agreement and bind each respective Party. . _ - .,.,_ L ~·-j

3.5.22 Counterparts. This Agreement may signed in cou.!lterparts, each of which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Contractor shall not bcontract any portion of the work required by this Agreerui:mth except a~ expressly stated herein, without prior written approval of City. ,Subcontrac~, tif any, shall cp-ntain a p'rovisfon making them subject to all provisions stipulated in this Agr~ement. .....
f~IGN' ATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite their signatures.

ATTEST:

CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

BEST BEST & KRIEGER
By:-------------- City Attorney

APPROVED AS TO AVAILABILITY

OF FUNDING
By:--------- Finance Authorization
55452.01100\31090125.5
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By: _____________ _
Its: _____________ _
Dated: ________ , 2022
Real Estate Consulting Services, Inc.
("CONTRACTOR")
Contractor's License Number - ----
By: ___________ _
Its: _____________ _
Dated: ___ ______ , 2022
6-7-22/4G-13

WORKER'S COMPENSATION INSURANCE CERTIFICATION

CITY TRAIL MAINTENANCE
Project No. C22-__

WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHEC -D)
i ~
I have and will maintain a certificate of c<fnsent from® e California Labor Commission to self-insure for workers' compensation, as provid~if'for by Se~tion 3700 of the Labor Code, for the performance of the work to be perfo_rmed under this_contract.

I have and will maintain workers' compensation insurance, as required . Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurari -e carrier and olicy number are:

I ~ertifY th·at, in the performance of the work u er this Agreement, I shall not employ any-person in any manner so as i o become subject to the workers' compensation laws tc of California, and I hereby agree to indemnify, defend, and hold harmless the City of Sao Clemente and all Qf its officials!-erpployees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, ~ and property damage arising out of my failure to provide such worker's compensation insuran~e.:- I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.

WARNING: FAILURE TO SECURE WORKERS' COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.
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(
Dated: __________ , 20 __
Real Estate Consulting Services, Inc.

Contracting Firm
By:

Signature
Title
Address
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55452.01100\31090125.5
EXHIBIT"A"

SCOPE OF MAINTENANCE SERVICES
(Included in the Technical Maintenance Specifications
on the following pages)
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EXHIBIT "B"

SCHEDULE OF MAINTENANCE SERVICES
(Included in the contractor's proposal Bid Form
on the following pages)
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1.1 Insurance.

EXHIBIT "C"

INSURANCE REQUIREMENTS

1. 1.1 Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and not less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) .contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1 ), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

1.1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
( 1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. 55452.01100\31090125.5 16
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(
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability''; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non~payment of premium. (C) Workers' Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

1.1.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

1.1.5 Waiver of Subrogation. All required policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its officials, officers, employees, agents and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.

1.1.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

1.1 .7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen ( 15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or 55452.01100\31090125.5 17 s:lcdlengineering\secureladmin\202216-7\all lrailsagendareport.docx 6-7-22/48-19
reduction of coverage, file with the City evidence of insurance showing that the required insurance ( has been reinstated or has been provided through another insurance company or companies.

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

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

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

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

1.1.12 Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as Additional Insureds to the subcontractor's policies. All policies of Commercial General Liability. insurance provided by Contractor's subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work until it has received satisfactory evidence of subcontractor's compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 55452.01100\310901 25.5 18 s:\cd\engineeringlsecureladmln\202216-7\all lrailsagendareport.docx 6-7-22 I 4G-20
EXHIBIT "D"

PERFORMANCE BOND
(Performance Bond included on the following pages)

END OF PERFORMANCE BOND FORM
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EXHIBIT "E"

COMPENSATION
The work described in the contract documents IS subject to prevailing wage requirements.

Contractor shall provide a Performance Bond pursuant to Section 3.2.12.1 of this Agreement, executed by a surety meeting the qualifications described in Section 3.2.12.4. 55452.01 100\31090125.5 20
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AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 7, 2022
Agenda Item 4 H:

Approvals: A"
City Manager c.':J JfJ I
De pt. Head ~
Attorney CT
Pt& ii&MWWMt-iifAARLAA- Ht
Finance J tJiittSiM MA9¥i!9
Department:

Prepared By:

Subject:

Public Works/ Maintenance Services Division
Randy Little, Maintenance Manager

APPROVAL OF AGREEMENT FOR MAINTENANCE SERVICES FOR CITY-WIDE JANITORIAL SERVICES WITH OMNI ENTERPRISES, INC.

Fiscal Impact: Yes. The total project cost is $1,388,400 including an annual supplemental of $4,000 for the initial three-year period.

Summary: Staff is requesting approval for the initial three-year agreement term with Omni Enterprise, Inc. located in Santa Ana, CA. The agreement will provide janitorial services for specified City owned facilities.

Background: Omni Enterprise, Inc., has a current agreement, which expires June 30, 2022.

A Request for Proposals (RFP) was advertised on Planet Bids and in the San Clemente Times in February of 2022. The RFP included a service frequency increase for the cleaning of all six beach restrooms, to three times daily, 365 days per year.

This is in response to unsanitary conditions from heavy usage, and vandalism throughout the year and complaints. The contract includes cleaning eleven City buildings and twenty-seven exterior park and beach restrooms seven days per week.

Prevailing wage rates do not apply to janitorial work and are not included in the bids.

Staff received six qualified bids with Omni Enterprise, Inc. being the lowest. Threeyear bid totals:
• Omni Enterprise, Inc.
• NMS Management, Inc.
• Colt's Landscape
• Janco West
• Priority Building Services
• Allied Universal Janitorial Services
$1,376,400
$1,798,036
$1 ,891,876
$1 ,910,830
$2,173,323
$2,204,195
The proposal from Omni Enterprise, Inc. is an annual increase of approximately 9% compared to current existing contract, which is due to an increase in service frequency.

Public Works Agenda Report
6-7-22 / 4H-1
• Agenda Report Page 2
Recommended
Action: STAFF RECOMMENDS THAT the City Council approve and authorize the Public Works Director/ City Engineer to execute an Agreement for Maintenance Services with Omni Enterprise, Inc. not to exceed $1,388,400 for three-years to perform City-wide janitorial services.

Attachments: Agreement for Maintenance Services
Notification: None.
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(

CITY OF SAN CLEMENTE

AGREEMENT FOR MAINTENANCE SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this __ day of _______ , 2022, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, located at 910 Calle Negocio, San Clemente 92673 ("City") and Omni Enterprise, Inc. dba Omniclean, a California Corporation, with its principal place of business at 1420 E. Edinger Avenue, Suite #111, Santa Ana, CA 92705 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collecti ely as "Parties."

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume respo ibility for the provision of J;ertain Janitorial maintenance services required by the City on th~4,tirms an£! conditions setfo,ct~ in this Agreement and the Contract Documents, Plans, and Specifications for Janitoria maintenance services dated February 2, 2022 which are hereby incorpQrated as though fully set forth herein.

The contract Documents for the aforesaid project ~hall consist of the NoJice Inviting Sealed Bids, Instructions to Bidders, Bid, together with this Agreement a d all requirea, bonds, insurance certificates, permits, notices, and affidavits; and alsol j clu irig any and all addenda or supplemental agreements clarifying, or extendin? the wort< contemplated as may be required to ensure its completion in an acceptable manrter.,.Contractor repres~nfs that it is experienced in providing Janitorial maintenance service,s to · pu!:)li~ clients that it and its employees or sub_cont_ractors hav~ ~II ne~~ssa,:y,lipevses and p(,gnits to _t?-e'f!o'rm the Services in the State of California, and that ,t ,s familiar v~t: · ~ plans of c,~ "' r

2.2 Project. .- ; - . .

City ;Jesjr~s t o e-ng~ e Contr~ or.to render such services for the Janitorial Services C22- pfoject ("Project") as set forth in this Agreement. - , ·~ ' ·/ .. 3. E~MS. \
- 1
3:-1,.. .?>-t cope of Services_arid Term.
• • ·- f
.::.~. t. 1. General Sc6pe of Services. Contractor promises and agrees to furnish to the City all labor, materials,- tools, equipment, services, and incidental and customary work necessary to fully a nd ~degt..rately supply the Janitorial maintenance services necessary for the Project ("Services"). ' 'ijle -Services are more particularly described in Exhibit "A" attached hereto and incorporated here1h by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2022 to June 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
55452.01 100\310901 25.5 1
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3.2 Responsibilities of Contractor.

3.2.1 Independent Contractor: Control and Payment of Subordinates. The ( Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreem~nt. Contractor shall pay all wages, salaries, and other amounts due such personnel in co~nection with t1)eir performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional persono~I, iflcludi[lg, bl.it pot limited to: social security taxes, income tax withholding, unemploymen( in{uran~, ,alsabiiitx' insurance, and workers' compensation insurance. ' • ~/~•; • " -
,F •

3.2.2 Schedule of Services. Contractor sh~IJ>erform the Services exp,, itiously, within the term of this Agreement, and in accordance with tne Schedule of Servicesset forth in Exhibit "B" attached hereto and incorporated herein by reference. Gonttactor represents that it has the professional and technical personnel reguifed o perform the Se~c~s in conformance with such conditions. In order to facilitate Contractor's conformance with thftS'chedule, City shall resp?nd to Contract_or's submittals in a_ t~me1ylr1y{nner. / Jpo request of City, Contracto~ shall provide a more detailed schedule of ant1c1patfd P,erformal)ce to.meet t!)e Schedule of Services.

3.2.3 Conformance to"\pp~c~tle,{~~uirerr!eJ ts~ All work prepared by Contractor shall be subject to the ~fr~I of City. ( \ ;/

3.2.4 City's Re~rese~·tative. Ti-Ji • C.ity~ ereby designates Randy Little, Maintenance Manager,~or•hi~ her designe~, to act as its representative in all matters pertaining to the administration ~aQ~ performance of .. this Agreement ("City's Representative"). City's Representative snail have +tne p9wer to 'act oh ,pehalf of the City for review and approval of all product5,;;sG~m1tted by Contrcilit~:>r b~t not ttle..,_ajlthority to enlarge the Scope of Work or change the totar compensation due to CQnfractor under this Agreement. The City's City Manager shall be adthor~d to act on City's be~alf) nd to execute all necessary documents which enlarge the Scope'of Work or change the Contractor's total compensation, subject to the provisions contained in Section -3.3-of this Agreement/ C"9htractor shall not accept direction or orders from any person other than me City fvlanager, 9tYs,Representative or his/her designee. '· • ¥ 1· JI[: 't~,7,_.

3.2.5 Contractor's Representative. Contractor hereby designates Dante Noe Perez, President, or his oi:,her designee, to act as its representative for the performance of this Agreement ("Contractoc'_;5 Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors and other staff at all reasonable times.
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3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the discipline necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them.

Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor•.~~ failure to comply with the standard of care provided for herein. Any employee of the Coutraq,rcff:or its ~ub-contractors who is determined by the City to be uncooperative, incompetent, a thr~ t5 tQe adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails !!' • ,.. or refuses to perform the Services in a manner acceptable{to ttie City,,shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. ,, .. !l . - ,, 3.2.8 Laws and Regulations. Contractor shWill keep itself fully informed of and in compliance with all local, state and federal laws, rules an.d regulations in.any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violalions'of such laws and regulations in connection with Services. If the Contractor perfoIT(ls any iffcirk knowing it to be contrary to such laws, rules and regulations, po,ntractors)lall be sol~ly responsible for all costs arising therefrom. Contractor shall defend, ind,emnify and hold City, i1,s officials, directors, officers, employees and agents free and ha1m e~s. pursu?~l to the indemnification provisions of this Agreement, from any claim or liabiliti arising out of any failure or alleged failure to comply with such laws, rules or regulations. ., ·r. \

3.2.9 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any per,s_on or proP.erty. In carrying out its Services, the Contractor shall at all times be in compliance with all apP,licable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work ancf the conditions under which the work is to be performed. Safety precautions as app!i~ ol_e'shall include, but shal ~ot be ~imite~ to: (~) adequate l!fe protection and lifesaving equ1pmenf and procedures; (B) instructions in accident prevention for all employees and subcontras_tors, such as safe walkWf1YS, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment ari'tl wear[ng apparel_ as are necessary or lawfully required to prevent accidents or injuries; and (C) ~~uate facilities for the proper inspection and maintenance of all safety measures.

3.2.1 0 labor

3.2.10.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services 55452.01100\31090125.5 3
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available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its ( elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.2.10.2 Registration. If the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code sections 1725.5 and 1771.1, effective March 1, 2015, Contractor and all subcontractors must be registered with the Department of Industrial Relations ("DIR"). Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notv.fithstanding the foregoing. the contractor registration requirements mandated by Labor Code...,..sections-' 17i5~5 and 1771.1 shall not apply to work performed on a maintenance project that is.exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1i271~ 1. .,,,.;:
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3.2.11 Insurance. Contractor agrees to procure ~d maintain, -at Contcactor's expense all insurance specified in Exhibit "C" attached hereto' a(,ld by this reference 15,tgrporated herein. Contractor shall require all subcontractors to c:rry the sa!lle policies- aAd limits of insurance that the Contractor is required to maintain, unless otherwise ci roved in writing by the C
. ~~~ Jty. I., ,,,_ .rr, - ..,_

3.2.12 Bonds/Security lnstrumea& >- ) -.... :.-.,
/7 ,- ~ ~

3.2.12.1 Performance{ B6nd. Jt sp~cifically} t quested by City herein by reference, Contractor shall execute Jan~~proldde to' yity cont~frefitly with this Agreement a Performance Bond or Cashier's Che.ck in•'the amolJrJt!equal to three (3) months of the FY2020 contract amount, or about $103,090 ~11cf in a form pJovt~ or approved by the City. If such bond or cashier's check is required, n&_pa'yment will be m~g_~ ~ Gbntractor until it has been received and approved b~ e City. :, , - '\,. -~
/"' • .2.12.2 ·-~Pay~ nt Bond. If required by law or otherwise specifically requested)y City in Exhibit "D: atr~phed ner:.et~;g_,,nd incorporated herein by reference, Contractor shall ex~cut_9·{md provide to dty COQfUrrently¥t1th this Agreement a Payment Bond in the amount of the -tbial; not-to-exceed com~ensation indicated in this Agreement, and in a form provided or apprbved'by the City. If such bon~ i\t required, no payment will be made to Contractor until it has been r~efv~ and approved by t9e ~ ity. ,_ ~. • ~f
·- 3.2.12.3 <:,, Bond Provisions. Should, in City's sole opinion, any bond or . ~ other security instrument ,!JeG9me insufficient or any surety be found to be unsatisfactory, Contractor shall renew_ at replace the affected bond/security instrument within 10 days of receiving notice from Qfty. ~-lh the event the surety or Contractor intends to reduce or cancel any required bond/security instrument, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds/security instruments at least ten ( 10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds/security instruments required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds/security instruments to be increased accordingly and shall promptly deliver satisfactory eyidence of such increase to the City. To the extent available, the bonds/security instruments shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, 55452.01100\31090125.5 4 c:luserslbigneytlappdala~ocal\microsolt\windows\inetcachelconlenl.ouUook\059vqlno~anilonal svcs rnaint contract omni 05.05.22.docx 6-7-22 I 4H-6
will release the surety. If the Contractor fails to furnish any required bond/security instrument, the City may terminate this Agreement for cause.

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

3.2.13 Water Quality Management and Compliance.
ti, 3.2.13.1 Storm Water Management. Storrn;'{s4rface, nuisance, or other • .\:C''>".c.r.J. __ - __. waters may be encountered at various times during the ,Sentices~ - Contractor hereby acknowledges that it has investigated the risk arising frq.oj such w}ters, has prepared its Bid accordingly, and assumes any and all risks and liabilities f~_sing th.erefr6Jll. ~/ ,,- '

3.2.13.2 Compliance with Water"'\.Quality Laws,·"orainances and Regulations. Contractor shall keep itself and all subcota~f?ctors, ,.staff, and e.~Ployees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services includin'g, without limitation, all applicable provisions of the City's ordinances regulating disGharges o $term water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the qalifornia Porter-Cologne Water Quality Control Act (Water Code§ 13000 et seg\ and any and all l'"E:gulation~. policies, or permits issued pursuant to any such authority. Thes~ jn~lude, bu~are ot limit~d to San Diego Regional Water Quality Control Board Order No. R9-20n?-0001 as amende9 b_y Order Nos. R9-2015-0001 and R9-2015-0100. Contractor shall additipna~fy co)ilply with the lawful requirements of the City, and any other municipality, draina@ district, or other loc91 a gency with jurisdiction over the location where the Services are t.9\IJe•cdnducted, regarding di.§charges of storm water to separate storm drain systems or other wa~tcourSes, including-applicable requirements in municipal storm water management programs. A -
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3.2.1 3.B Gompliance \Vith Local Water Quality Requirements. In addition to compliance with the laws, ordinances ana regulations listed in paragraph 3.2.13.2, Contractor shall ~rhRIY with all applicable regu~ements of the Orange County Drainage Area Management Plan( ~QANJ P"}, the City of San Clem~nte Water Quality Improvement Plan ("WQIP"), the City of San Cl~mente Jurisdictional Urb?n _Runoff Management Plan ("JURMP"), and the applicable Water Quality Management Pla,_n (';WQMP"). These documents contain Model Maintenance Procedures with Best Management Practices ("BMPs"). These Model Maintenance Procedures contain pollution pfeyentio9 ~rid · source control techniques to minimize the impact of those activities upon dry-weathec _urban runoff, stormwater runoff, and receiving water quality.

Contractor shall be famfliar 'with these documents and shall comply with the requirements as specified therein. '7-_ ,.

A copy of the DAMP is available on the internet at:
www.ocwatersheds.com
A copy of the San Clemente WQIP and JURMP are available on the internet at:
www.sccleanocean.org.

The City will provide a copy of any applicable project WQMP. 55452.01100\31090125.5 5 c:\users\bigneyt\appdata\lccal\microsoft\v.indows\inetcache\content.ouUook\059vqtno\janitorial svcs maint contract omni 05.05.22.dot>< 6-7-22 / 4H-7

3.2.13.4 Standard of Care. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them ( without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding the requirements of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement as they may relate to the Services.

3.2.13.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.13.2 and 3.2.13.3 of this Agreement is a violation of federal and st~te law .. Notwithstanding any other_ind~mnitt _contain_ed in t~.is 19.fee~n_b Contractor ag~ees to indemnify and hold harmless the City, its offlc1als, off1cer~,-ag,ents employees and authorized volunteers from and against any and all claims, demands, l_oss,es or liibilitie$ 9f any kind or nature which the City, its officials, officers, agents, employees an~. au,thorizetcl voh4nteers may sustain or incur for noncompliance with the laws, regulations, and ordinances lfsted in S~ctions 3.2.13.2 and

3.2.13.3 of this Agreement arising out of or in connection 't1/ith ttfe Services, except fQt liability resulting from the sole established negligence, willful miscoEl{f!,li::t or active negligence qf.ihe City, its officials, officers, agents, employees or authorized volunt€ers. • ~ ·- '-
(B) Defense: .,:City res.~rves the fight to defend any
enforcement action or civil action brought again.sf"!HeCity .for ~ontractor~s faifure to comply with any applicable water quality law, regulation, or.f>olfoy. C9rltra0 or ~ereby agrees to be bound by, and to reimburse the City for the ~osts associlte{l with.:,,ai;y'settle~ _Qt-Jeached between the City and the relevant enforcement entity. ·. \}"" I /'~ l rv (C) ( Damages: ,&ity may _se!3k damages from Contractor for delay in completing the . Servic~s -caused by Cor.itractori failure to comply with the laws, regulations and policies describe'd,'in Sections 3.2. f3.-2_an'd' 3.2.13.3 of this Agreement, or any other relevant water quality la~ , regul?f~¾. , _or policy . .. it ,...~ ""'

3.3 ~~ Fees and PaY!llents . . ~ . ? .
.,,. /J/..,- 3.3.1 Compensatiori~ Contrac or shall receive compensation, including authorized reimli.tursements, for all Services rerigered under this Agreement at the rates set forth in Exhibit "E" atfached hereto and incorporated herein by reference. The total compensation shall not exceed One Miltton~ Th~e Hundred Eigt,tyJ ight Thousand, Four Hundred DOLLARS ($1,388,400.00), which includes an annual supplemental of Four Thousand DOLLARS ($4,000.00), without written approval of City's City f ouncil. Extra Work may be authorized, as described below, and if authorized, will be compensated at the ra~e$ and manner set forth in this Agreement.

3.3.2 ·payment of Compensation. Contractor shall submit to City a monthly itemized invoice which indicates work·completed and hours of Services rendered by Contractor.

The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Contractor's fees, the City shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
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3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "E" may be adjusted each year at the time of renewal as set forth in Exhibit "E."

3.4 : •; .. -., Accounting Records.

3.4.1 Maintenance and Inspection. ContractE>r {8ail ma1ntain complete and accurate records with respect to all costs and expenses incurred· under thi( Agreement. All such rec~rds shall be clearly i_dentifia~le. Contractor shall_ allo'A{ a rf preseut~tive of City during normal business hours to examine, audit, and make transcripts or coptes of such r:ecords and any other documents created pursuant to this Agreement. Contractor shall allow inspectiQn .9f ?II w..9r_k, data, documents, proceedings, and activities related to the Agr~e'menf for a period·Qf four(4) years from the date of final payment under this Agreement. ~ , .. -

3.5 General Provisions.

3.5.1 Termination of Agreemene "·
);'/

3.5.1.1 Grounds for1,~T~rmination. City may, by written notice to Contractor, terminate the whole or any l?Jrt ot'ffhi,$ Agreement at ary tirhe, with or without cause, by giving written notice to Contractor of such terminatiory, and spe rfying the effective date thereof, at least seven (7) days before the effe_ctr e date of soch'termination. Upon termination, Contractor shall be compensated only for those ~ervices which have been adequately rendered to City, and Contractor shall be entitled to ffo further compensation. "Consultant may not terminate this Agreement except for caus~.,_ -- - " ">
i'c"' = 3.5.1~ Effect of. Te mination. If this Agreement is terminated as provided herein: City may req·uire Gontractor to provide all finished or unfinished Documents and Data aqei:1oJher information of any kiit2 prepared by Contractor in connection with the performance of S~,,~~es under this Agreement ~ontractor shall be required to provide such document and other int rm_ation within fifteen (15)-aiffeys of the request. ~ l" ,,.
'½._,~ : 3.5.1.3 ,,Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine- ~ppropri~te, services similar to those terminated. - .-- ----=

3.5.2°' .DeIT~ery of Notices. All notices permitted or required under this Agreement shall be given to the res pective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:
55452.01100\31090125.5
Omni Enterprise, Inc. dba Omniclean
1420 E. Edinger Ave. # 111
Santa Ana, CA 92705
ATTN: Dante Noe Perez, CEO
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City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Randy Little
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.- .x .~~~,. "{ ; , .f~·;

3.5.4 Attorney's Fees. If either party corpfT\$.11Ces a ..n action against the other party, either legal, administrative or otherwise, arising out ofol in conq,ection with this Agreement, the prevailing party in such litigation shall be entitled to Have and r~cover from the losing party reasonable attorney's fees and all other costs of such action._ • ., . .,r ,, / ~.

3.5.5 State License Board Notice. Contracl0,rsar~ required by law to,he 'licensed and regulated by the Contractors' State License Board which ha__s jurisdiction to investigate complaints against contractors if a complaint regard_ing a pat~nt act oromissl,~m is filed within four ( 4) years of the date of the alleged violation. A ·c9mplaint regarding a latent act or omission pertaining to structural defects must be filed wit,nin ten h o) years of ttieYcjate of the alleged violation. Any questions concerning a contractor may 9i referred tq the Registrar, Contractors' State License Board, P.O. Box 26000, s,~;;~rat ei ~o. ~alifomia 958~ ! ¥' I
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3.5.6 Indemnification. 16· thl fullej rextent allowable by law, Contractor shall defend, indemnify and hold the City, 6ts officials, offic~fs~ e.!J)ployees, volunteers and agents free ( and harmless from any and all clajms', d_emands, cau~es of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incldenf to any alfeged acts, omissions, negligence or willful misconduct of .,,.__ Contractor, it? off.J__cials,-offi.cers, employees, agents, consultants and contractors arising out of or in connection with the perfo~ ance of the Se~ ices, the Project or this Agreement, including without _limi~ tion the payment of allbpnsequen!ia'I damages and attorney's fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and &11 such aforesaid suits, actions .~r other legal proceedings of every kind that may be brought or instituteJ:j_'against City, its directors, officials, officers, employees, agents or volunteers.

Contractor ~hall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contra~tqr shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

3.5. 7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
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3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.10 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.12 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest q.§ reason _of such attempted assignment, hypothecation or transfer. ~
,I!

3.5.13 Construction: References: Captionsf:!Sipce theiParties or their agents have participated fully in the preparation of this Agreement, th~ anguage· of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term • referencing time, days or period for performance shall be .~~§?med calendar da~ and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agree ent. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or qescribe the scope, content, or intent of this Agreement. .., { . ,,

3.5.14 Amendment: Modification. No upplement.. modification, or amendment of this Agreement shall be binding unless executed in 1ing and signed by both Parties . . ~.,, . - 3.5.15 Waiver. N6t~aiver of any default shall constitute a waiver of any other default or breach, whether of the ··same pr other covenant or condition. No waiver, benefit, privilege, or service voh,mtanly given or performed by a Party shall give the other Party any c·ontractual righ1s by custom. estoppel, o1- otherwise. - 3.5.16 No Third ..Harty Beneficiaries. There are no intended third party bene{iciaries of any right or obligation assumed by the Parties.

3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable oy a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.1 8 Piohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or 55452.01 100\31090125.5 9
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applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to ( initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.20 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. t ¾,._

3.5.21 Authority to Enter Agreement. ConJractor{ h§s~-qn_ f~quisite power and authority to conduct its business and to execute, deliver, a[]d perform theAgr~ement. Each Party warrants that the individuals who have signed this Agreeme"ht have the-legal power, right, and authority to make this Agreement and bind each respective Party. , ;, ~, ,... i;- - ·-'~ _,

3.5.22 Counterparts. This Agreement ma¼_ be ~igned in cou;ferpartf:,i ~ach of which shall constitute an original. ·\._. -

3.6 Subcontracting.

3.6.1 Prior Approval Required . ... contractor shan oot subcontract any portion of the work required by this Agreement, exceAf a_s expressly stat~cf -tifilein, without prior written approval of City. Subcontracts, if any,_"shaU ~pntajn a provision~king them subject to all provisions stipulated in this Agreement~~\ , ~ ,;
i t1iJ: ··- _J
[SIG~ATURES ON FOLLOWING PAGE] ~~ • ' .... -
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite their signatures.

ATTEST:

CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

BEST BEST & KRIEGER

CITY OF SAN CLEMENTE
By: ____________ _
Its:. ____________ _
Dated: _________ , 2022
By:------------- City Attorney

APPROVED AS TO AVAILABILITY

OF FUNDING
By: _________ _
Finance Authorization
55452,01100\31090125.5
Omni Enterprise, Inc. dba Omniclean
("_CONTRACTOR")
;,
Contractor's License Number ---- -
By: ___________ _
Its: _____________ _
Dated: _________ , 2022
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WORKER'S COMPENSATION INSURANCE CERTIFICATION

JANITORIAL SERVICES
Project No. C22-__ _

WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
i
C
r
I have and will maintain a certificate of consent from th~ California Labor Commission to self-insure for workers' compensation, as pro'{ided for bX $ettion 3!00 of the Labor Code, for the performance of the work to be perfonned under this contract. ': ' ~::~.~t(~;;/
I have and will maintain workers' compensation in"'suranc~e, as required by sl '~tion 3700 of the Labor Code, for the performance of the work to be R,erformed under this contract. My workers' compensation insuran~ ;;c~rrier and poli"'"·- umber are: ; .,:·''1'-,1, -·--;. 7}.

J;;t.
.• i
I certify that, in the perfefrmance of the work under Jtiis Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of Californfa:-ar@ I ~reby agree to indemnify, defend, and hold harmless the City of San c remente and all of its officials, .~mployees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arisf~g out of my failure to provide such worker's compensation insurance. I further agree ~ at, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions. t:1
• d
l
WARNING: FAILURE TO SECURE WORKERS' COMPENSATION
COVERAGE IS u·NLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.
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(
Dated: __________ , 20 __
By:

Omni Enterprise, Inc. dba Omniclean
Contracting Firm
Signature
Title
Address .
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55452.01 100\31090125.5
EXHIBIT"A"

SCOPE OF MAINTENANCE SERVICES
(Included in the Technical Maintenance Specifications
on the following pages)
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55452.01100\31090125.5
EXHIBIT "B"

SCHEDULE OF MAINTENANCE SERVICES
(Included in the contractor's proposal Bid Form
on the following pages)
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1. 1 Insurance.

EXHIBIT "C"

INSURANCE REQUIREMENTS

1. 1.1 Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence §aliqfactpry to the City that the subcontractor has secured all insurance required under this segtio~.- 7f;;;v ;-.?

1.1.2 Types of Insurance Required. f-AS, a c/>nditiQ~ precedent to the effectiveness of this Agreement for work to be performJq_ hereuocfer, antf with9ut limiting the indemnity provisions of the Agreement, the Contractor, in partial performanl e of its obligations under such Agreement, shall procure and maintain in full fqrce ~nd effect during J~e term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to ~menQ_, supple~ment or endorse the-policies to do so. ,,,_;;· --. "' -
(A) Commerci'al,Generaj Lfability: Commercial General Liability Insurance which affords coverage at least af b<oad af•lqs-urao~e S~~vices Office "occurrence" form CG 0001, or the exact equivalent, wjth lirbit~.of n~! ltss than $1,_900,000 per occurrence and not less than $2,000,000 in the genert~dgregate. pefense cqt t~ shall be paid in addition to the limits. The policy shall contain no enqorsements or proxisionsc(1) limiting coverage for contractual liability; (2) excluding coverage f~c lai~s or suits by..,one.·insty:ed against another (cross-liability); or (3) containing any other exclusion(s) contrary to tne'ter.ms or purposes of this Agreement. ·~ ~:;-<=& • · ··,;,.,. "" •.., "~\,'.;:~ ~I":-~t.~} Automot;iile Liability Insurance: Automobile Liability Insurance witft coverage al reastas broaa-as lnsurance Services Office Form CA 0001 covering "Any Auto'H$yfubol 1 ), or the'e~,9ct.-~quiva~n;!f gavering bodily injury and property damage for all activities"Yith limits of not less tliari ~ ..... 1.000,00·0-combined limit for each occurrence. . ,~~ . -~~ ..,..,_ •. (C) f -'~~orkers' Compensation: Workers' Compensation Insurance, as'required by the Stafetof California and Employer's Liability Insurance with a limit of not less than $1 ;0,00,000 per a9,9ideht for bodily injury and disease . ...... -:." • ..., i::~.~ .~/ .. - 4 ~~

1. (3 \ Endofu~rii~nts. Required insurance policies shall contain the following provisions, or Contra_cfq(,..s_ljall provide endorsements on forms approved by the City to add the following provisions tot~~ insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 1 O 01 ( or endorsements providing the exact same coverage) to effectuate this requirement. 55452.01100\310901 25.5 16
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Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability''; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written nf>tice _of tancellation has been . . ""- . served upon the City except ten (10) days shall be allowed or non-payment of premium. (C) Workers' Compensa ~- , ~
(1) Cancellation: F{~quired insurance eolicies shall not be canceled or the coverage reduced until a thirty (30) day wotten notice of cancellatj_gn has been served upon the City except ten (10) days shall be allowed for non-paym~nt of premium. '

1.1.4 Primary and Non-Contributing Insurance. All policiE?S of Commercial General Liability and Automobile Liability insurance shalf be primary and any other insurance, deductible, or self-insurance maintained by tq6 pty, its officials, officers, employees, agents or volunteers shall not contribute with this prima~insuran! e:'Poli~ies shall contain or be endorsed to contain such provisions. 'tl,,, ' •
' • 1.1.5 Waiver of Subrogation. Alb r,,,.. uired policies of Commercial General Liability and Automobile Liability,i.v,surance shall sp&~1"fically allow Contractor or others providing insurance evidence in.S9mpliance"~ith these specifica tions to waive their right of recovery prior to a loss. Contractor hereoy waives its own right of recovery against the City, its officials, officers, employees, ~gf nts.and volunteer~ and shall require similar written express waivers and insurance clauses from.each of its subcontractors. ,._ ,.,. ".:" ., "l ,.- /
.. 1.1.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retentio'n _greater than $5,000 must b~ approved in writing by the City and shall protect the City, its officials, officers, employees, agents and volunteers in the same manner and to the same extent as 't~ y would have been prQtected had the policy or policies not contained a deductible or self-insured retention. • -:c •

1.1.7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten ( 10) days after receipt of written notice of such cancellation or 55452.01100\31090125.5 17 c:\users\bigneytlappdataUocal\microsofi\windows~netcache\contenl.outlook\OSQvqlno\janitorial svcs main! contract omni 05.0522.docx 6-7-22 I 4H-19
reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

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

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

1.1 .1 0 Enforcement of Contract Provisions (non estoppel). Contractor .,_ --:-Wv acknowledges and agrees that actual or alleged failure on tn~ part of the City to infom,_eontractor of non-compliance with any requirement imposed no additional ob igation on the City nor does it waive any rights hereunder. .. .}~""

1.1.11 Requirements Not Limitin~ Requjrement of spe~rfte"'~overage or limits contain~d in this section are not intended ~s al.limitatio~ o~ 7overagi,,J_imits, or other requirement, or a waiver of any coverage normally provided bY, any ms!Jrance. ,;77,,· , ,,f{JJ ~~:· • '.,y·

1.1.12 Insurance for Subcentractors. Contractor shall include all subcontractors engaged in any work for Contract9r fefa"ting to this. Agre~ent as additional insureds under the Contractor's policies, or the CQJitractor shall be· (esponsible for causing subcontractors to purchase the appr9priate insuran .... ce it:J compliance With the terms of these Insurance Requirements, inclµaing adding the Cify,"its ... officials, officers, employees, agents and volunteers as Additionat lns'ureds to the subcontractor:s]:>~licies. All policies of Commercial General Liability insurance provided by Contractor'§ subconfra,~tgrs performing work relating to this Agreement shall b~5lndorsed to name the Cityi' its officials;~ officers, employees, agents and volunteers as additional insureds using endorsemeJ1t form ISO CG 20 38 04 13 or an endorsement providing equi~alenfcoverage. Contractor shall not allow any subcontractor to commence work until it has receivea·~satfsfactory evidence of su'bcontractor's compliance with all insurance requirements under this Agreement, to the ext~nta""pplicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. ,. - ½ ... 55452.01100\31090125.5 18
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EXHIBIT "D"

PERFORMANCE BOND/SECURITY INSTRUMENT
(Copy of Cashier's Check included on the following page) 55452.01 100\31090125.5 19
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EXHIBIT "E"

COMPENSATION
Janitorial Services are NOT subject to prevailing wage requirements.

Contractor shall provide a Performance Bond or Cashier's Check pdrsuant to Section 3.2.12.1 of "' this Agreement, executed by a surety meeting the qualifications de'scribed in Section 3.2.12.4. :·\ ~ - In the event that this Agreement is renewed pursuant to ~~ ti;n 3. ¼2, the rates set forth above may be increased or reduced each year at the time of ren~walr but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Ang~eles..:Rl verside-Orarige Counties. --t,,. "" ~-."- - '-• ··~ 55452.01100\31090125.5 20
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AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 7, 2022
Agenda Item
Approvals:

City Manager
Dept. Head
Attorney (~T
Finance~
W.Y#WitMweti&lRRA1Z--A& @ O'
id ■
Department:

Prepared By:

Subject:

Public Works/ Maintenance Services Division
Randy Little, Maintenance Manager

APPROVAL OF AGREEMENT FOR MAINTENANCE SERVICE FOR BEACHES, PIER AND ACCESSES WITH COLT LANDSCAPE, INC.

Fiscal Impact: Yes. The total three-year contract cost is $814,894.20 which includes an annual supplemental of $57,000 for support of City events on the beach and pier.

Summary: Staff is requesting approval for the initial three-year agreement term with Colts Landscape, Inc., of Garden Grove, CA.

Background: Colts Landscape, Inc., has a current agreement for Beaches, Pier and Accesses maintenance services, which expires June 30, 2022.

Recommended
A Request for Proposals (RFP) was advertised on Planet Bids and in the San Clemente Times in March of 2022. The scope of work includes trash and litter removal, cleaning of fire rings, daily pier nail patrol, cleaning of pier sinks, bait cutting stations, landscape maintenance of 10 beach accesses, base of pier hard scape maintenance, and trash removal at the Metrolink platform, T- Street, Pier Bowl, Linda Lane and North Beach parking. The scope also increased the frequency of trash removal on the beach, pier and parking areas, to three times per day all year, due to complaints.

An increase in the prevailing wage rates also resulted in a substantial increase. The Colts Landscape, Inc. proposal consisted of in an annual increase of $99,071.40 mainly due to the increased frequencies and prevailing wage rates.

Staff received three qualified bids with Colts Landscape, Inc. being the lowest. Threeyear bid totals without supplemental:
• Colts Landscape, Inc.
• Mariposa Landscapes, Inc.
• Priority Landscape Services, LLC.
$643,894
$939,060
$1,312,200
Action: STAFF RECOMMENDS THAT the City Council approve and authorize the Public Works Director/ City Engineer to execute an Agreement for Maintenance Services with Colts Landscape, Inc., not to exceed $814,894.20 for three-years to maintain Beaches, Pier and Accesses.

Public Works Agenda Report 6-7-22 I 41-1
Agenda Report Page 2
Attachments: Agreement of Maintenance Services (
Notification: None.
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CITY OF SAN CLEMENTE

AGREEMENT FOR MAINTENANCE SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this __ day of ______ , 2022, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, located at 910 Calle Negocio, San Clemente 92673 ("City") and Colts Landscape, Inc., a California Corporation, with its principal place of business at 11672 Brookshire Avenue, Garden Grove, CA 92840 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.
.:£ ~- #1 " -. • 2.1 Contractor. lfJ_-c.-· ~ ~; £ .,-,--~ ·z- 'ii---e:-;-. ~ - ....., -... -
CorJtractor desires to perform and assume _responsibility -for the provIsIon of certain Beaches, Accesses and Pier Maintenance services f~ uired by tHe:_~City on the terms and conditions set forth in this Agreement and the Contr4~fl)9_curnents, Plans':ao.d Sge_cifications for Beaches, Accesses and Pier Maintenance services~atecl_,;J;~bruary 8, 20~ ,.y]!gh-are hereby incorporated as though fully set forth herein. The contract D2]u1J1~nts for the-aforesaid project shall consist of the Notice Inviting Sealed Br - .Lristructions to.Pidders, Bid, together with this Agreement and all required bonds, insur§..nce rtifi_(Sgtsis, permits..! n9tices, and affidavits; and also including any and all addenda or suralnental a]reements clarifying, or extending the work contemplated as may be required to_ensar,c its cornp)etro~n~in_an accepTable manner. Contractor represents that it is experienced ifl{P~\liding Beaifi~ . Acc~~es and Pier Maintenance services to public clients, that it and it~ e!rnffiyees or s~l:{contractqrs-tiave all necessary licenses and permits to perform the Servic ~---=· ~ State of ~lffornia, £1119 that it is familiar with the plans of City. --= ~ _ _ - - =·= "'-

2.2f~~,r~Tea . -=-c~~
, _ .. .desires. to engagJG1"ntractor -~ ~rider such services for the Beaches, Accesses and Pier Maintenance C22-_ proje~H"Project~ set forth in this Agreement. ' ~ ::_ -- b_,.__

3. ..;'-,,

3.1 Scope- 9J ~ervice§ l "nd Term. • .r - -

3.1 .1 GgneFal Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials,~tools, equipment, services, and incide_ntal and customary work necessary to fully and adequately supply the Beaches, Accesses and Pier Maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1 .2 Term. The term of this Agreement shall be from July 1, 2022 to June 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
55452.01 100\31090125.5
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3.2 Responsibilities of Contractor.

3.2.1 Independent Contractor: Control and Payment of Subordinates. The ( Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by _l~w. Q@~actgr _§_hall be responsible for all reports and obligations respecting such additionaj-p_~rsonnei{iflcldging, but not limited to: social security taxes, income tax withholding, unemigyment insj(r~tf'~. disability insurance, and workers' compensation insurance. ¥->:c ___ ~ ---:--~=-~:-.... ~~~ -- _:_~it~~ ~~~;= -

3.2.2 Schedule of Services. Contractorsfi....:611 perform thf§ ervices expeditiously, within the term of this Agreement, and in accordancgWl_'tlf:!J:!e Scheduleof§~ry_igg\, set forth in Exhibit "B" attached hereto and incorporated herein oy refej __ e.npe. Contracfo.ri"@'fesents that it has the professional and technical personnel rnlluired to perform the Services' in conformance with such conditions. In order to facilitate Coflt@'.£!9J".1? _conform-ari@~ith the Schedule, City shall respond to Contractor's submittals in a ti
~
r:®ly ma--nrr@~ _ Upon requi:[st of City, Contractor shall ~- ~-~~ provide a more detailed schedule of antiq@t ed perfo - __ s'i_nce to meeFth_e Schedule of Services. ~ M-•-~:;:1~ -~

3.2.3 Confo ..:..==.:.=.:..:== All work prepared by
Contractor shall be subject t
it s Re "r~'?entative. T _ hereby designates· Randy Little, Maintenan i;:,/her ae._sjgoee, to act as • S"representative in all matters pertaining to the ae 1g1s ration a -_ ]p__§l_qorma~~~QJ this Agreement ("City's Representative"). City's Repres_efilalive shall have fti['pq__wer to ag.L_pn behalf of the City for review and approval of all producfs~t1bmitted by Contract11Ggut notTh~thority to enlarge the Scope of Work or change the total co= nsation due to C<r_ij!fiictor unaer this Agreement. The City's City Manager shall be authoriz ~ t on City's beh~f~and to execute all necessary documents which enlarge the Scope of Work ....,...,.;,£l-_nge the Contf~~or's total compensation, subject to the provlsions contained in Section 3.3 of tfi'rsiligreement. ::C®tractor shall not accept direction or orders from any person other than the City Manager, CjJy'~ Representative or his/her designee. ~~.,: -~~=-- , •• ,, .. c. --,-~ ·-·

3.2.5 Contracfor's Representative. Contractor hereby designates Alfredo Jose Jimenez, CEO, or his or hel designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for' all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors and other staff at all reasonable times.
55452.01100\31090125.5 2
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3.2. 7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the discipline necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them.

Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, inc..9mpetefilf! a thre~! to the adequate or timely completion of the Project, a threat to the safety of,,f)e.rsons or*r~perfy,·or any employee who fails or refuses to perform the Services in a manner a~@able to tjie:yl!X, shall be promptly removed from the Project by the Contractor and shall not 1ffl;re-emploV,ecl 'to ~perform any of the Services or to work on the Project. ~ ;: -:-, ... ,; :::~-=- -

3.2.8 Laws and Regulations. Contra~f~fll]all keep itselif~}ly_Lnfomied of and in compliance with all local, state and federal laws, ru~ and@gulations in any-manner affecting the performance of the Project or the Service_§,jo_cluding all G1UQSHA requirements, and shall give all notices required by law. Contractof_§_hall be_ liable foY-~11 violations of such laws and regulations in connection with Services. Jf:tfie ContraGtor perfomfs-&ny work knowing it to be contrary to such laws, rules and regulations, Contractor sh~II be sole!y_responsible for all costs arising therefrom. Contractor shall defend;findemnjfyjind flpld City, its officials, directors, officers, employees and agents free and1t!_annless, pur~·uant to tf}.~_]1J9emnification provisions of this Agreem~nt, from any claim orJ_iatiility arising ouf of any failg_fe:·or alleged failure to comply with such laws, rules or regulation?\ '-"' ':_::-._ _. ~ ~ .. ·....- ·- - - ~.---... -=0 ~~-f~ g s ·afety,_ Contfa~Jgr shall execute ~nd maintain its work so as to avoid injury or dama_gecl9 any person or pr_eperty. ' In garrying out its Services, the Contractor shall at all times be in c$.'mgJiance with all appllgable locaT,~state and federal laws, rules and regulations, and shall exercisl aln~cessary precautiQp1 for the~.s~ ety of employees appropriate to the nature of the work and."tf11:-:G_Onditions undet~ich the work is to be performed. Safety precautions as applicable sna[}!)~lude, but shall,iiot be limited to: (A) adequate life protection and lifesaving equipment and- grq__cedures; (8) !itJstructions in accident prevention for all employees and subcontractors, suctf-:.-ai safe waj!<W~ys, scaffolds, fall protection ladders, bridges, gang planks, confined space proe@ur~s. 1renching and shoring, equipment and other safety devices, equipment and wearing~pp-9rel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate_facilities for the proper inspection and maintenance of all safety measures.

3.2.10 Labor

3.2.10.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage -Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect 55452.01100\31090125.5 3 s:\cd\engineering\secure\admin\2022\6-7\att beachpieraccessmainfcontract.dccx 6-7-22 / 41-5
at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services ( available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.2.10.2 Registration. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code sections 1725.5 and 1771.1, effective March 1, 2015, Contractor and all subcontractors must be registered with the Department of Industrial Relatiqns ("DIR"). Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor's sole responsibility to comply with all applicable regist.ratioh arrd- labq_r .. c;ompliance requirements, including the submission of payroll records directlyJ~t_the DIR~ otwithstanding the foregoing, the contractor registration requirements mandated b-yjl.:a bor CodeTsections 1725.5 and 1771.1 shall not apply to work performed on a maintenance project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5. and 17~~. f

3.2.11 Insurance. Contractor agree~Q_ procure and maintain, _at \Contractor's expense all insurance specified in Exhibit "C" attachea · hereto and by this reference incorporated herein. Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to m?intain, unless otherwise approved in writing by the City. i - t1I

3.2.12 Bonds. • ,¥ _
:t"''·. ~ ~

3.2.12.1 Pl rto#nance BoOO. If spe_cif(~~!ly requested by City in Exhibit ( "D" attached hereto and incorimr?fea herein by reference, Cqntractor shall execute and provide to City concurrently ll!ith this Ay'(~ement a Perforrqlnce Bond in the amount of the total, not-toexceed compensation indicated in this Agreement; and jn a form provided or approved by the City. If SLJ.Ch bpnd is required, no paymept will be made to Contractor until it has been received and ap_()rbve-d by the City. • •
' :3.2.12.2 Payment Bon· . If required by law or otherwise specifically requested· by City ln Exhibit "D" affach.ed herefo and incorporated herein by reference, Contractor shall execute and provide to City concwrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the Cify. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the 55452.01100131090125.5 4
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Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

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

3.2.13 Water Quality Management and Compliance.

3.2.13.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times guring ,,,;lbe Services. Contractor hereby acknowledges that it has investigated the risk aJising frorn=tsuch waters, has prepared its Bid accordingly, and assumes any and all risks and libilities arisi_Qg Ql~refrom. ~ -. ~ 'i::.

3.2.13.2 Compliance wi&l Water" QDality Laws, Ordinances and Regulations. Contractor shall keep itself and all subcontractors, st~ff. and efl)ploy$es fully informed of and in compliance With all local, state and;feaeral laws, rules and r~gu!1:1lj9ns that may impact, or be implicated by the performance of th°W Sen.iice_;; ... including, -with9ut limitation, all applicable provisions of the City's ordinances regulating discharges of storm Water; the Federal Water Pollution Control Act (33 U.S.C. § J.251 et seq.); the""Qa1if9rnia Porter-Cologne Water Quality Control Act (Water Code§ 13000 ~t§eq.); an~ any and alrregulations, policies, or permits issued pursuant to any such authority. T\ii_~e includ~: but are not limited to San Diego Regional Water Quality Control Board Order !':'Jo. Rg~ o13-0QOj as amended by Order Nos. R9-2015-0001 and R9-2015-0100. Contractor shj!f_ additionally 1='o_fnply with_ th~ lawful requirements of the City, and any other municipality, d iri,a_ge district, otf'pther loc91_ agency with jurisdiction over the location where the Services a • - -e conducted, ~gardi ng iJrscharges of storm water to separate storm drain sy~tems or other wa eccourses, including applica_ble requirements in municipal storm water manag~menf prow~m~. ~ -
I§ -~ 3.2.13.3 :" Compliance with Local Water Quality Requirements. In addition to complla"r}~ with the laws, orqinances a-nd r~gulations listed in paragraph 3.2.13.2, Contractor shall complylvi_U, all applicable requirements oflhe Orange County Drainage Area Management Plan ("DAMPt}he City of San Cl~mente Water Quality Improvement Plan ('WQIP"), the City of San Clemente''U~~gictional Urb~"[! Runoff Management Plan ("JURMP"), and the applicable Water Quality Man _gig~ment Pla11 T'WQMP"). These documents contain Model Maintenance Procedures with Besf Manage111_~nt Practices ("BMPs"). These Model Maintenance Procedures contain pollution prevent)o!l ~nd source control techniques to minimize the impact of those activities upon dry-weather _ urban runoff, stormwater runoff, and receiving water quality.

Contractor shall be familiar with these documents and shall comply with the requirements as specified therein.

A copy of the DAMP is available on the internet at:
www.ocwatersheds.com
A copy of the San Clemente WQIP and JURMP are available on the internet at:
www.sccleanocean .orq.

The City will provide a copy of any applicable project WQMP. 55452.01100\31090125.5 5 s:\cd\engineering\secure\admin\2022\6~7\alt beachpieraccessmainlcontracLdocx 6-7-22 / 4l-7

3.2.13.4 Standard of Care. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in ( Sections 3.2.13.2 and 3.2.13.3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding the requirements of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement as they may relate to the Services.

3.2.13.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.13.2 and 3.2.13.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to inde-mnify and hold harmless the City, its officials, office[s., agent_s, ~mployees and authorized - ~~ --,' volunteers from and against any and all claims, d~111.ar1ds, loss&§J~_Oiabilities of any kind or nature which the City, its officials, officers, agents, empl12Yees and auJho"rized volunteers may sustain or incur for noncompliance with the laws, regulatiom\ iwfl ordiriao__&es.,,ljsted in Sections 3.2.13.2 and

3.2.13.3 of this Agreement arising out of or in conijecJjq_n-with the- Services, except for liability resulting from the sole established negligence, willful mfac;;giiduct or acti¥e !l§glige ce of the City, its officials, officers, agents, employees or authorizeq:{v6Iynteers. -- :,n. - ~ - (B) Defense: _City reserve; Hi~ ljght to def en riy enforcement action or civil action brought against the City focGontr~ctor's failure to comply with any applicable water quality law, regulation, or policy. J C6ntracto-( ,:h~reby agf®~Jo be bound by, and to reimburse the City for the costs associatfill With, any",§ffettl~ment reach_~d between the City and the relevant enforcement entity. _ ~-~--'·" ""t .t ·~ ... ~ _,_":.,,.~i 1-:lii"' ~~ '?-.e i,,~
_ . _ ~ \-c':.:Damages:- ~ JY may~ e-e~;damages from ~ontractor for delay in completing the Servic~f ~9aused by· ~nlfaCtQcs failure to comply with the laws, regulations and pQlj<;;il;}s sJescrib~e'.(lJn Sections 3.2~ 3.2 and 3.2.13.3 of this Agreement, or any other relevanf watefqualijy .law, regQl@on, or policy. ~ £ 3- ~ - ~.e~s a~d ~1~~uts .• - -~ _ ' ~~ • -~ ~~-3.1 Compensation. Contractor shall receive compensation, including authorized reimbursemerl§, f9r all Services 'r,§c)gered under this Agreement at the rates set forth in Exhibit "E" attached he~fcn111d incorporatga herein by reference. The total compensation shall not exceed Eight Hundred Fou"tfe_~o Thousan~] Eight Hundred Ninety-Four DOLLARS and Twenty CENTS ($814,894.20), which ~-in_cludes -:rof.:.aimual supplemental of Fifty-Seven Thousand DOLLARS (57,000.00), without writt~1i apifroval of City's City Council. Extra Work may be authorized, as described below, and if uttiQ_ ed, will be compensated at the rates and manner set forth in this Agreement. •

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized invoice which indicates work completed and hours of Services rendered by Contractor.

The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Contractor's fees, the City shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
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3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement. City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1 .2, the rate set forth in Exhibit "E" may be adjusted each year at the time of renewal as set forth in Exhibit "E."

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. ContraC!oL_shall maintain complete and accurate records with respect to all costs and expeh~es incurrea un<ier Jhis Agreement. All such records shall be clearly identifiable. Contractor shall ~low a representa,tiye of City during normal business hours to examine, audit, and make transcr\rus or copies of such-re_eords and any other documents created pursuant to this Agreement. Conff.2!cl6r ~hall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four ( 4) years from the date of final payment under this Agreement. • .- - ..
~ "
r: - 3.5.1 Termination of Agreement.

3.5 General Provisions.

3.5.1.1 - G' rounds for T nation.' • - City may, by written notice to Contractor, terminate the who --=ri_y part of this'&lS"§r~ meht at any time, with or without cause, by giving writteo:n9lfcet o,f ontrac =I of such terminauQii, a_na specifying the effective date thereof, at least se'l~Foays]efQre the effegtiv~ date of suchlermination. Upon termination, Contractor shall be =~=ensated onlyJorlhose services which have been adequately rendered to City, and Contra hall be entitlecl-.·fo~n9 further ~ mpensation. Consultant may not terminate. this Agreem xcept for cause. y-;~ -- -

3.5.1.2 Eff;ct of Termination. If this Agreement is terminated as provided herein; qity_may require Contractor to provide all finished or unfinished Documents and Data and other informa~on of any Rina prepared by Contractor in connection with the performance of Services under this--AgreenienJ.:,. Contractor shall be required to provide such document and other information within fifte_~rf (15) days of the request. -;;_ ~ -

3.5.1.3 Additional Services. hi the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:
55452.011 00\31090125.5
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11672 Brookshire Avenue
Garden Grove, CA 92840
ATTN: Alfredo Jose Jimenez, CEO
7 6-7-22 / 41-9
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Randy Little
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on tlie date actual notice occurred, regardless of the method of service.

3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any_additiQ!)ll doc~fl)ents as may be necessary, appropriate or convenient to attain the purposes 9Mhfs,AgreemE:nt.; _ "' , ~--~~- ~ -

3.5.4 Attorney's Fees. If eitheri p~rty comm.frices an action against the other party, either legal, administ_rative or otherwise, arising ~tpf o~ in connec~_on with this Agreement, the prevailing party in such litigation shall be entitled Jo have and recover from th\9 losing party reasonable attorney's fees and all other costs of sucftac[or:i.: .: _ _ . •• _ -..-. " - -'

3.5.5 State License Board Notice. Co-ntrad~i§'~~re required byli to be licensed and regulated by the Contractors' State l)~nse ·E?,~ard wh1Cli'J1as jurisdiction to investigate complaints against contractors if a complaiDl'regardiruf~ _patent actor 0!17ission is filed within four (4) years of the date of the alleged viol~~n. A co_]ipl~tnt regardingJa latent act or omission pertaining to structural defects mu§t be'ifl!ed witt}jff-ten {10) years of the date of the alleged vrolation. Any questions concerni.rffl l contracto'§l_ay be r~fe_g:~_d to the Registrar, Contractors' State License Board, P.O. Box • 0, Sacramerim/ Californ1a 95826. ~'\ ~: . J-}
~:~-~-- lndemnifica: 106. To the fuir~t ext~nCallowable by law, Contractor shall defend, ind~!!lQ_ITY ang_ 6°gld t_he CiW, __ it§"'C?fficials, officers: employees, volunteers and agents free and harmle~i from anyifnc!_~llc;;laims, a![m.?nds, causes of action, costs, expenses, liability, loss, damag~ njury, in law or ecry_J!Y,}o propertY or persons, including wrongful death, in any manner arising~ t of or incident to aoy_'c!lleged a§t§~ .. omissions, negligence or willful misc_onduct of Contractor, its _officials, officers, e:n5i:i!oyees, agents, consultants and contractors arising out of or in connection_~ i1tl the performans;e\ of the Services, the Project or this Agreement, including without limitation"!b.E;-Fayment of a!!. s§nsequential damages and attorney's fees and other related costs and expense§. _,.Qontractor -§,h'all defend, at Contractor's own cost, expense and risk, any and all such aforesaid suit~. actigns or other legal proceedings of every kind that may be brought or instituted against C1ty; its -=-~irectors, officials, officers, employees, agents or volunteers.

Contractor shall pay and-S?fisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurr?d by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

3.5. 7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
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3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.10 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.12 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreemeilt_or aay_,Jnterest herein without the prior written consent of the City. Any attempt to c!_~ _shalr~-null~na void, and any assignees, hypothecates or transferees shall acquire no [!gfit or inter.,_-~---~ eason of such attempted assignment, hypothecation or transfer. ~ •
~ 3.5. 13 Construction; References; Captions. Since the ...:-.i§§ or their agents have participated fully in the preparation of this Agreeme,PJ, the language oftnis-2':~gre_ement shall be construed simply, according to its fair meaning, and not strictly for or against~QY,[a~rfy. Any term referencing time, days or period for performance shall be deemed calendar aays and not work days. All references to Contractor include ajj personnel, employees, agents, and subcontractors of Contractor, except as otherwise specifiecl-:in this Agreement. All references to City include its elected officials, officers, employees, agent~ and volunteers excepfa~ otherwise specified in this Agreement. The captions of the various ~a(licles a_[l~paragraphs are for convenience and ease of reference only, and do not defipe, limit, augmeoVor descnbe the scope, content, or intent of this Agreement. J :"

3.5.14 Amend me { Modification. o supplement, modification, or amendment of this Agreement shall be binding unl~ss executed in writing and signed by both Parties . . -;;:4 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other defaultWr breach, whether of the same or other covenant or condition. No waiver, benefit, privilege," or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. f3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
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3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex ( or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

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

3.5.21 Authority to Enter Agree~~t Contr _ tor has all requisite power and authority to conduct its business and to execute, cfej iver, and Pi fform the Agreement. Each Party warrants that the individuals who have signed this-.Agreemenf have the legal power, right, and authority to make this Agreement and bind each respective Party. ~

3.5.22 Counterparts. This Agreeme"ift may be signed in counterparts, each of whic_h shall constitute an original.
_£

3.6 Subcontracting. g

3.6.1 Prior Approval Rel red. Contractor shall not s_ubcontract any portion of the work required by this Agreen;mnt;-,,except ai expressly stated herein, without prior written approval of City. Subcontrac~. W any, shall CQJ1 tain a provision making them subject to all provisions stipulated in this Agr.=- .. ~rit ~ • - ~
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite their signatures.

ATTEST:

CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

BEST BEST & KRlEGER
By: _________ _
City Attorney

APPROVED AS TO AVAILABILITY

OF FUNDING
By:---------~ '-
Finance Authorization
55452.01100\31090125.5
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By: _____________ _
Its: , ___ ___________ _
Dated: ________ , 2022
""'-,:._-.:.. -
Colts Landscape, Inc.
("CONTRACTOR")
Contractor's License Number ____ _
By: - ------ - - -----
Its: ______________ _
Dated: _ _ _ _____ , 2022
6-7-22/41-13

WORKER'S COMPENSATION INSURANCE CERTIFICATION

CITY BEACHES, ACCESSES AND PIER MAINTENANCE
Project No. C22-__

WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

C I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:

Carrier _ ___________________ _
Policy Number ____ ______________ _

1. ~j • I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or dea_th, economic losses, and property damage arising out of my failure to provide such worker's compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.

WARNING: FAILURE TO SECURE WORKERS' COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.
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(
Dated: ________ _ _ , 20 __
Colts Landscape, Inc.

Contracting Firm
By:

Signature
Title
Address
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55452.01100\31090125.5
EXHIBIT "A"

SCOPE OF MAINTENANCE SERVICES
(Included in the Technical Maintenance Specifications
on the following pages)
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55452.01 100\31090125.5
EXHIBIT "B"

SCHEDULE OF MAINTENANCE SERVICES
(Included in the contractor's proposal Bid Form
on the following pages)
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1.1 Insurance.

EXHIBIT "C"

INSURANCE REQUIREMENTS

1.1.1 Time for Compliance. Contra_ctor shall not commence work under this Agreement until it has provided evi_dence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, iri partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so. •
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and not less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by ohe insured against another (cross-liability); or (3) containing any other exclUsion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1 ), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

1.1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 ( or endorsements providing the exact same coverage) to effectuate this requirement. 55452.01100\31090125.5 16 s:\cd\engineering\secure\admin\2022\6-7\alt beachpieraccessmaintcantract.docx 6-7-22 / 41-18
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobi le Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers' Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

1.1.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

1.1.5 Waiver of Subrogation. All required policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its officials, officers, employees, agents and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.

1.1.6 . Deductibles and Self-Insured Retentions. Any deductible or self-insured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

1.1. 7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen ( 15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or 55452.01 100\310901 25.5 17
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reduction of coverage, file with the City evidence of insurance showing that the required insurance ( has been reinstated or has been provided through another insurance company or companies. 1 .1.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.

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

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

1.1 .11 Requirements Not Limiting. Requirement of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

1.1.12 Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor's policies, or the Contractor shall be responsible for· causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as Additional Insureds to the subcontractor's policies. All policies of Commercial General Liability insurance provided by Contractor's subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work until it has received satisfactory evidence· of subcontractor's compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 55452.01100\31090125.5 18 s:\cd\engineering\secure\admin\2022\6-7\att beachpieraccessmaintcontract.docx 6-7-22 / 41-20
EXHIBIT " D"

PERFORMANCE BOND
(Performance Bond included on the following pages)
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EXHIBIT "E"

COMPENSATION
The work described in the contract documents IS subject to prevailing wage requirements.

Contractor shall provide a Performance Bond pursuant to Section 3.2.12.1 of this Agreement, executed by a surety meeting the qualifications described in Section 3.2.12.4. 55452.01100\31090125.5 20 s:\cd\engineering\secure\admin\2022\6-7\att beachpieraccessmaintcontract.docx 6-7-22 I 41-22
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AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 7, 2022
Agenda Item 4J
Approvals:

City Manager &),
Dept. Head ;y-,-
Attorney c.:r
Finance ,~
EH Peeasas+&iiiii1Wi:¥6 535! }&GM 5 s;a- ,ee,w ?Adii&I
Department:

Prepared By:

Subject:

Public Works / Maintenance Services Division
Randy Little, Maintenance Manager

APPROVAL OF AGREEMENT FOR MAINTENANCE SERVICES FOR CITY-WIDE STREETSCAPE MAINTENANCE WITH COL TS LANDSCAPE, INC.

Fiscal Impact: Yes. The total three-year Agreement cost is $1,053,559.56 which includes an annual supplemental of $55,000 for repairs from storms, vehicle accidents and vandalism.

Summary: Staff is requesting approval for the initial three-year agreement term with Colts Landscape, Inc., of Garden Grove, CA.

Background: Colts Landscape, Inc., has a current agreement, which expires June 30, 2022.

Recommended
A Request -for Proposals (RFP) was advertised on Planet Bids and in the San Clemente Times in April of 2022. The RFP included areas that are not currently in the existing agreement and were being maintained as an extra to the agreement. Those areas were the newly completed medians on Avenida Pico adjacent to Interstate 5, approximately 7500 linear feet of drainage swales along Avenida La Pata from Avenida Vista Hermosa to the northern city limits, and medians at Camino Del Rio and Bonanza. An increase in the prevailing wage rates and scope of work resulted in a substantial increase on the order of $123,123.

Staff received two qualified bids with Colts Landscape, Inc. being the lowest. Threeyear bid totals:
• Colts Landscape, Inc.
• Mariposa Landscapes, Inc.
$888,560
$1 ,239,948
Action: STAFF RECOMMENDS THAT the City Council approve and authorize the Public Works Director/ City Engineer to execute an Agreement for Maintenance Services with Colts Landscape, Inc. not to exceed $1,053,559.56 for three-years to maintain 60 Cityowned streetscapes.

Attachments: Agreement for Maintenance Services
Notification: None.
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I))

CITY OF SAN CLEMENTE

AGREEMENT FOR MAINTENANCE SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this __ day of _______ , 2022, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, located at 910 Calle Negocio, San Clemente 92673 ("City") and Colts Landscape, Inc., a California Corporation, with its principal place of business at 11672 Brookshire Avenue, Garden Grove, CA 92840 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Contractor.
- .

Contractor desires to perform and assume respgn~ibility for' the provision of certain Streetscape maintenance services required by the City onfKe terms and conditions set forth in this Agreement and the Contract Documents, P,lans_, ".and Specifica!ions fo~"9treetscape Maintenance Services dated February 2, 2022 which are h~reby incorporated as th,ciugh fully set forth herein. The contract Documents for the aforesaid projecf sh~II consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Bid, together with this Agreement and all required bonds, insurance certificates, permits, notices, and-c!ffidavits~ and also incluaiog any and all addenda or supplemental agreements clarifying, or e~eflding the work contempl~tii'sl as may be required to ensure its completion in an acceptc!,gle rhanner. Contractor represents that it is experienced in providing Streetscape maintenance !~ervices to public client§, that it and its employees or t , . .,,. . .. , subcontractors have all neces~ary hpenses and ;Permits to .per{91-m the Services in the State of California, and that it is familiar with 1he plans of City. •

2.2 ,City. "desires to engage Contra~tor to render such services Maintehance C22-_ project ("Project") asie\_forth in this Agreement. ~ ,;. .... --;:J,:f.

3. TERM~. - .. ·;!,
l ?
I

3.1 Scope of Services arid Term. r
for the Streetscape

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the Streetscape maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2022 to June 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
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3.2 Responsibilities of Contractor.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. G,6htractor shall be responsible for all reports and obligations respecting such additiornf"personn~ft4i.rtcluding, but not limited to: social security taxes, income tax withholding, unemP,lo{ ment insurance, disability insurance, and workers' compensation insurance. \ <t,

3.2.2 Schedule of Services. Contract9r shall perform the Services ~xpeditiously, within the term of this Agreement, and in accordanci,with the Schedule of Services_ set forth in Exhibit "B" attached hereto and incorporated herein 1:iy reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Co,Jftractof's conformance with the Schedule, City shall respond to Contractor's submittals in a tif:[~JY manner. Upon request of City, Contractor shall provide a more detailed schedule of antiq\g~ted performance to meet the Schedule of Services. , '"fl I - 3.2.3 Conforman0.e to Applicaoler Requirements. All work prepared by Contractor shall be subject to tl:le fpproval of Ci~." ' ' i :;,:, \ ~ ,;,

3.2.4 City's Representative. The City hereby designates Randy Little, Maintenance Manager, or his/her d~ignee, to act as its representative in all matters pertaining to the a,dministration and performance of this Agreement ("City's Representative"). City's Repre~~p_tatfve shall have the power to act on behalf of the City for review and approval of all produds.;§ubmitted by Contractor but not the authority to enlarge the Scope of Work or change the total cbmpensation due to Contractor unae-1 this Agreement. The City's City Manager shall be authorized to act on City's betialf and to execute all necessary documents which enlarge the Scope of Work or change the Con6-actor's total compensation, subject to the provisions contained in Section 3.3 of this Agreement. Contractor shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

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

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors and other staff at all reasonable times.
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3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the discipline necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them.

Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incornpete(lt,· a threat to the adequate or timely .;;;...... . "' w completion of the Project, a threat to the safety of pef~ ons or propertyyor any employee who fails or refuses to perform the Services in a manner atclptable to the City, shall be promptly removed from the Project by the Contractor and shall not be rE?-empJ9yed tq perform any of the Services or to work on the Project. \}·, .... "~.
- ti' '-_ ...

3.2.8 Laws and Regulations. Contr~ctor shaJI keep itseif fully inforrn'ed of and in compliance with all local, state and federal laws, rules and regulations in 'any manner affecting the performance of the Project or the Services, including ah Gat/QSHA requirements, and shall give all notices required by law. Contractor sh-ml be liable for-all xiolations of such laws and regulations in connection with Services. ,.If Y,e Contractor performs agy work knowing it to be contrary to such laws, rules and regulations, Contractor shall be solely} esponsible for all costs arising therefrom. Contractor shall fl~f~nd, indemnify and hold City, its officials, directors, officers, employees and agents free and h~@less, purl:>u~rit to the fbcjemnification provisions of this Agreement, from any clai~ or) i~_b_ility arising ou\ of any failu~e\of alleged failure to comply with such laws, rules or regulations. - 1 /
3,2.9 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall ~ ~ exercise all'hecessary precautions for the safety of employees appropriate to the nature of the work and the conditions under wtiich the work is to be performed. Safety precautions as applicable shall include, but shall noJ be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) imjtructions in accident prevention for all employees and subcontractors, such as safe walkw~i'ys, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facflities for the proper inspection and maintenance of all safety measures.

3.2.10 Labor

3.2.10.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect 55452.01100\310901 25.5 3
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at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.2.10.2 Registration. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code sections 1725.5 and 1771.1, effective March 1, 2015, Contractor and all subcontractors must be registered with the Department of Industrial Relations ("DIR"). Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor's sole responsibility to comply with all applicable registration ~~d labor ~ompliance requirements, including the submission of payroll records directly fo the DIF{;! ,Notwithstanding the foregoing, the contractor registration requirements mandated bv Labor Cod~.sections 1725.5 and 1771.1 shall not apply to work performed on a maintenance prt:)ject that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 177!.f

3.2.11 Insurance. Contractor agree~i to pra<;:ure and maintain, at Contractor's expense all insurance specified in Exhibit "C" attachec:1 hereto and by this refere-nce incorporated herein. Contractor shall require all subcontrac!ors to carry the same policies and limits of insurance that the Contractor is required to .fmaintain, unless otheJWiq~ approved in writing by the City.

3.2.12 Bonds/Security lnslruments. ,r-
,1,.- - - ,Jf·

3.2.12.1 Fferformance Bq cl. If sp~ciiicaJly requested by City in Exhibit "D" attached hereto and incorf:i_!J,r,a'teg herein by r~ference, Contractor shall execute and provide to City concurrently with this Agr:'.'ilm,ent a Perfor~nce Bona in the amount of the total, not-toexceed compensation indic;;ated h\ ,this_ Agreement, and in a form provided or approved by the City. If Sl)Ch bond is required, no pa-YrnenJ will be made to Contractor until it has been received and appfo~ed by the City. - - \
~--~- . ~
.. ,3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "D" attached hereto and incorporated herein by reference, Contractor shall execute and pr9vide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compendtion indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten ( 10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the 55452.01100\3109D125.5 4
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Contractor, wil l release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

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

3.2.13 Water Quality Management and Compliance.

3.2.13.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during ,tlhe Servi9es. Contractor hereby acknowledges that it has investigated the risk ~rising from ?uct1 •wi fers, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising the(efrom. \ . ( . (

3.2.13.2 Compliance with Watet~;~ Qllality laws, Ordinances and Regulations. Contractor shall keep itself and all ·subco_ntractors, staff, and efQployees fully informed of and in compliance with all local, state and fede_ral laws, rules "an_d reguJa'tiq,ns that may impact, or be implicated by the performance of th'e Services including, without limitation, all applicable provisions of the City's ordinances r~gl,.!lating discharg~s of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 ei seq.); the Califqrnia Porter-Cologne Water Quality Control Act (Water Code§ 13000 efs~q.); and any and all rE!QUl~tions, policies, or permits issued pursuant to any such authority. Tre~e include~ but are not limiti:io to San Diego Regional Water Quality Control Board Order No. R9-2013-0001 as i;!rriended by Order Nos. R9-2015-0001 and R9-2015-0100. Contractor shall additionally ,cor:nply w·ith th,~ lawful requirements of the City, and any other municipality, d_rai~age district, or other local, a,g'ency with jurisdiction over the ( location where the Services ar~ 16 be ,conducted, f'egardin9 ditcharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water marn;igefn~nlprogtams. -- ~ .-' , - ~.... -
1 _ 3.2.13.3 , Compliance with Local Water Quality Requirements. In addition to compliant ~ with the laws, ordinarces and re~gulations listed in paragraph 3.2.13.2, Contractor shall comply wit~ all applicable re._quirements ofthe Orange County Drainage Area Management Plan ("DAMP".), the City of San Clem'fmte Water Quality Improvement Plan ("WQIP"), the City of San Clemente Jurisdictional Urb~n Runoff Management Plan ("JURMP"), and the applicable Water Quality Management Plan' (")/VQMP"). These documents contain Model Maintenance Procedures with Best Management Practices ("BMPs"). These Model Maintenance Procedures contain pollution prevention and ·source control techniques to minimize the impact of those activities upon dry-weather urban runoff, stormwater runoff, and receiving water quality.

Contractor shall be familiar with these documents and shall comply with the requirements as specified therein.

A copy of the DAMP is available on the internet at:
www.ocwatersheds.com
A copy of the San Clemente WQIP and JURMP are available on the internet at:
www.sccleanocean.org.

The City will provide a copy of any applicable project WQMP. 55452.01100\3'10901 25.5 5
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3.2.13.4 Standard of Care. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding the requirements of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement as they may relate to the Services.

3.2.13.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.13.2 and 3.2.13.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials, 9ffice~s.~agents, ~mployees and authorized volunteers from and against any and all claims, d~ma,:ids, losses of liabilities of any kind or nature which the City, its officials, officers, agents, empl~yees and authorized volunteers may sustain or incur for· noncompliance with the laws, regulation~ and ordinabces listed in Sections 3.2.13.2 and • _i'... ..... ,

3.2.13.3 of this Agreement arising out of or in connection with the Servtces, except for liability resulting from the sole established negligence, willful 111isconduct or active negligence of the City, its officials, officers, agents, employees or authorizec;l,volunte~rs. "'{.,.g.. ;:, -..
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City fqr Contractor's failure to comply with any applicable water quality law, regulation, or policy. _lContractor hereby agrees-.to be bound by, and to reimburse the City for the costs associate'p with, any settlement reached between the City and the relevant enforcement entity. , . /
I ,lo •
(~} t Damages: ( c ity may seek· damages from Contractor for delay in . completing the ServtG~S caused by Contracto s failure to comply with the laws, regulations and policies describg~ in Sections 3.2.13.2 anp 3.2.13.3 of this Agreement, or any other relevao.t water quality l9W, regulation, or policy . .,#, - •. #•. ~ -~
y{~f3 ·i/ Fees and Payments. '.:r'-'~·t.f ,--~ • ._ - ~ ... ,. v~~ .. '- - 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursem~nts,·f9r all Services rendered under this Agreement at the rates set forth in Exhibit "E" attached hereto and incorporatedlierein by reference. The totai compensation shall not exceed One Million, Fifty-Three Thousand, -_Five Hundred Fifty-Nine DOLLARS and Fifty-Six CENTS ($1,053,559.56), whic_h includes an annual supplemental of Fifty-Five Thousand DOLLARS (55,000.00), without wriijen approval of City's City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized invoice which indicates work completed and hours of Services rendered by Contractor.

The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all.non-disputed and approved charges thereon. If the City disputes any of Contractor's fees, the City shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
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3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "E" may be adjusted each year at the time of renewal as set forth in Exhibit "E."

3.4 Accounting Records.

3.4.1 Maintenance and lnspecfion: Contractlor shall maintain complete and accurate records with respect to all costs and expe_nse_s incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall ?llovf a representative of City during normal business hours to examine, audit, and make transcripts or copies of such rec:ords __ aqd any other documents created pursuant to this Agreement. Confracto( shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agr:._eement. ·,f_'s\f\>.

3.5 General Provisions.
f :-

3.5.1 Termination of Agreement.
£i :};l . .. 3.5.1.1 , Grounds for Termination. City may, by written notice to Contractor, terminate the whofe.9f any part of this Agre~ment at any time, with or without cause, by giving written notice to fontractor of _such termin1Hion, and specifying the effective date thereof, at least seven (7) days before the effectiv.§l date of such termination. Upon termination, Contractor shall bepompensated only for1QOSe serVicE;s which have been adequately rendered to City, and Contra~tor shall be entitled to ho further CQ.mpensation. Consultant may not terminate this Agreem~ nt except for cause. , ,, >
_ 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require CoQtractor to provide all finished or unfinished Documents and Data and other information of any kin~ prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information withiri fifteen (15) days of the request.

3.5. 1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:
55452.01100\31090125.5
s:\cdlenglneeringlsecure\edmin\202216-7',att slreelscapemaint.docx Colts Landscape, Inc.
1672 Brookshire Avenue
Garden Grove, CA 92840
ATTN: Alfredo Jose Jimenez, CEO
7 6-7-22 I 4J-8
(
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Randy Little
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additi9IT9j documents as may be necessary, appropriate or convenient to attain the purposes of this Agr~efoent

3.5.4 Attorney's Fees. If either1 party comm:~ ces an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of sucjf action. ';

3.5.5 State License Board Notice. Contractors are required by law to be licensed and regulated by the Contractors' State License Board whfch ha,s jurisdiction to investigate complaints against contractors if a complajnt regaraing a patent act.or omission is filed within four ( 4) years of the date of the alleged viol~tion. A complai£1t regarding ~ latent act or omission pertaining to structural defects must be ' filed within ten (10) years of the date of the alleged violation. Any questions concerni£1g a contracto~,;m,ay be referrE?d to the Registrar, Contractors' State License Board, P.O. Box 26!>00, Sacramento, California 95826. ( ~ 'i \ ;3.5.6 Indemnification. To the fullest extent allowable by law, Contractor shall defend, indr,mnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damag,e;(pf injury, in law or equity, to property or persons, including wrongful death, in any manner arising¥•~ of or incident to any alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney's fees and other related costs and expenses. Gontractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers.

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

3.5. 7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
55452.01100\31090125.5
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3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.10 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.12 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this }\greem,ent or anyjnterest herein without the prior written consent of the City. Any attempt to dp'§g\shalf' be null and void, and any assignees, hypothecates or transferees shall acquire no tight or interest by reason of such attempted assignment, hypothecation or transfer. \... { ,!":·-~,

3.5.13 Construction: References: Captions·y ;i~ce the Parties or their agents have participated fully in the preparation of this Agreemepf, the language of this Agreemrnt shall be construed simply, according to its fair meaning, and riotsfricUy (9r or against any Party. Any term referencing time, days or period for performange ~hall be deemed calendar days and not work days. All references to Contractor include all personn~I, empldy~es. agents, and subcontractors of Contractor, except as otherwise specifie-ti Ln"this Agreement. All references to City include its elected officials, officers, employees, age~ts: and volunteers excepfas otherwise specified in this Agreement. The captions of the varjous ~articles and paragraphs are for convenience and ease .# of reference only, and do not defi11~. li[Jlit, augment, or describe. the scope, content. or intent of this Agreement. 1 ( t ·
( '

3.5.1-4 Amendment Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. ~- 3.5.15 Waiver. ·~No waiver of_ any default shall constitute a waiver of any other default~or breach, whether of 1he., same · or ott,er covenant or condition. No waiver, benefit, privilege, or service voluntarily'-given or perfdrmed by a Party shall give the other Party any contractual rights l;:>y custom, estoppil, or otherwise. • '"·t .. ·~-. , 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any righl or obligation assumed by the Parties. ;

3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
55452.01100\31090125.5 9
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(

3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

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

3.5.21 Authority to Enter Agreerflent. Contr~ctor has all requisite power and authority to conduct its business and to execute, c1eliver, anq ~~rform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. ~--(:

3.5.22 Counterparts. This Agreemeflt may tie signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.
.i

3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracj:s, iif any, shall c.bntain a provision making them subject to all provisions stipulated in this Agfoement. l
,.;.c""
~· 0.,. : ..... :,.,0,,.,JSIGNATUR_ES ON FOLLOWING PAGE] f'· ~-t '.~- ~ 55452.01100\31090125.5
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite their signatures.

ATTEST:

CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

BEST BEST & KRIEGER
By:------ ---- City Attorney

APPROVED AS TO AVAILABILITY

OF FUNDING
By:----------';.-..,.-'--
Finance Authorization
t
55452.01100\3"1090125.5
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CITY OF SAN CLEMENTE
By: ___________ _
Its: _____________ _
Dated: , 2022 ---------
Colts Landscape, Inc.
("CONTRACTOR")
Contractor's License Number ____ _
By: ___________ _
Its: _____________ _
Dated: ________ , 2022
11 6-7-22/4J-12
(
(

WORKER'S COMPENSATION INSURANCE CERTIFICATION

STREETSCAPE MAINTENANCE
Project No. C22-__ _

WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
{ONE OF THE BOXES BELOW MUST BE CHECKED)
' I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:

Carrier ____________________ _
Policy Number __________________ _
I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker's compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.

WARNING: FAILURE TO SECURE WORKERS' COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENAL TIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.
55452.01100\31090125.5
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Dated: __________ , 20 __
Colts Landscape, Inc.

Contracting Firm
By:

Signature
Title
Address
55452.01100\31090125.5 13
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EXHIBIT "A"

SCOPE OF MAINTENANCE SERVICES
(Included in the Technical Maintenance Specifications
on the following pages)
55452.01100131090125.5
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EXHIBIT "B"

SCHEDULE OF MAINTENANCE SERVICES
(Included in the contractor's proposal Bid Form
on the following pages)
55452.01100\31090125.5
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1.1 Insurance.

EXHIBIT "C"

INSURANCE REQUIREMENTS

1.1.1 Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and not less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements 6r provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another ( cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1 ), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

1.1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 1 O 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. 55452.01100\31090125.5 16
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Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers' Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

1.1.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

1.1.5 Waiver of Subrogation. All required policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its officials, officers, employees, agents and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.

1.1.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

1.1. 7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or 55452.01100\31090125.5 17
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reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

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

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

1.1 .10 Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposed no additional obligation on the City nor does it waive any rights hereunder.

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

1.1.12 Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase • the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as Additional Insureds to the subcontractor's policies. All policies of Commercial General Liability insurance provided by Contractor's subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work until it has received satisfactory evidence of subcontractor's compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 55452.01100\31090125.5 18 s:\cd\engineering\secure\admin\2022\6-7\atl streetscapemainl.dccx 6-7-22 / 4J-19
55452.01 100\310901 25.5
EXHIBIT "D"

PERFORMANCE BOND
(Performance Bond included on the following pages)
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EXHIBIT "E"

COMPENSATION
The work described in the contract documents IS subject to prevailing wage requirements.

Contractor shall provide a Performance Bond pursuant to Section 3.2.12.1 of this Agreement, executed by a surety meeting the qualifications described in Section 3.2.12.4. 55452.01100\31090125.5 20
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· ·:-~:-:- ~
llFOV..¥-"

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 7, 2022
Agenda Item ~ k
Approvals:

City Manager 'i,J;
Dept. Head .&:?::::::::

Attorney C.T
Finance ~
A14¥-ASWSSW4k-¥4!1 FSU \"£Sffl'.iA?M ere A £ N
Department:

Prepared By:

Subject:

Fiscal Impact:

Summary:

Discussion:

Recommended
Public Works / Engineering
Masako Hennequin, Associate Civil Engineer

APPROVAL OF CONSTRUCTION CONTRACT FOR PAVEMENT REHABILITATION AT RESERV/ORS 4, 5 AND 5A, PROJECT NO. 21403 WITH LC.PAVING & SEALING, INC.

Yes. The estimated total project cost of $311 ,172 is within the total approved budget amount of $650,000 from the water depreciation fund of $350,000 (Account Number 052-466-43470-000-21403) and the sewer depreciation fund of $300,000 (Account Number 054-4 76-434 70-000-21205).

Staff recommends that the City Council approve a construction contract with L.C.

Paving & Sealing, Inc. in an amount not to exceed $259,172 for pavement rehabilitation at Reservoirs 4, 5 and 5A, Project No. 21403.

This project includes grinding and overlaying, asphalt removal and replacement, and striping to rehabilitate pavement for access roads at Reservoirs 4, 5 and 5A and the Water Reclamation Plant Facility. (See Location Map in Attachment 1 ). Bids ranged from $259,172 to $439,464.

Project cost summary is as follows:

Construction
Construction Design, Management & Inspection (approx. 10%) Project Contingency (approx. 10%)
Estimated Total Project Cost
$259,172
26,000
26,000
$311 ,172
Action: STAFF RECOMMENDS THAT the City Council:

1. Approve the plans and specifications for Rehabilitation for Reservoirs 4, 5 and 5A, Project No. 21403; and

2. Approve and authorize the Public Works Director / City Engineer to execute, Contract No. ___ , by and between the City of San Clemente anq LC.Paving & Sealing, Inc, in the amount of $259,172, for Pavement Rehabilitation at Reservoirs 4, 5 and 5A, Project No. 21403.

Public Works Agenda Report
6-7-22 I 4K-1
' AgendaReport Page 2
Attachments: 1. Location Map

2. Bidders List

3. Contract
Notification: None.
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City of San Clemente
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316
City of San Clemente

PAVEMENT REHABILITATION FOR
RESERVOIRS 4, 5 and SA
PN 21403
6-7-22 / 4K-3
•
" ~ ~•..; '\ -·/-; t
~ } ~··~.~.~ ... ~ I
,. ~/. ... 1 . ;)..I";. ,,. .,. 4 ; ~
\ _,. -~ . - ~ :&~ ~ - - •
- 1f'_'\ ;;
ATER RECLAMATION PLANT , .

City of San Clemente
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316
City of San Clemente

PAVEMENT REHABILITATION FOR WRP
PN 21403
6-7-22 / 4K-4

BIDDER'S

LISTING
Subject:

Company Information
L.C. Paving & Sealing,
Inc.

Onyx Paving
Company, Inc.

Diamond Construction
A&Y Asphalt
Contractors, Inc.

Palp, Inc. OBA Excel
Paving
All American Asphalt
Attachment 2
BID OPEN TIME: 2:00 PM
BID OPEN DATE: 5-5-2022
-------
ELECffiONLC B.lD
PRESENT: MH -------
Bid Opening: PAVEMENT RE.HABILITATION FOR RESERVOIRS 4, 5 AND SA {PN 21403)
No. of Bids: 6
1# City Bidder is Bid Bond, Etc. From
Addendums Amount
Escondido, CA
YES YES $ 259,172.03
Anaheim, CA
YES YES $327,998.00
La Habra, CA
YES YES $360,685.00
Norco, CA
YES YES $383,777.00
Long Beach,
YES CA YES $ 388,980.00
Corona, CA
YES YES $439,464.00
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SECTION 00500

CONTRACT
.At1l:aic!hlmellilt 3
THIS CONTRACT is made this __ day of ____ ,, 2022, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and L.C. Paving & Sealing, Inc., hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

PAVEMENT REHABILITATION FOR RESERVOIRS 4, 5 AND 5A, Project No. 21403 The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor's failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 15 working days from the commencement date stated in the Notice to Proceed.

By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additiqns or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of two hundred fifty-nine thousand one hundred seventy-two dollars and three cents ($259, 172.03). Payment shall be made as set forth in the General Conditions.

At any time during the term of the Contract, City may, pursuant to the terms and provisions of the Contract Documents, request that the Contractor perform additional work. Contractor shall not perform, nor be compensated for, additional work without written authorization from the City pursuant to the terms and provisions of the Contract Documents.

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. IN ACCORDANCE WITH GOVERNMENT CODE SECTION 53069.85, IT IS AGREED THAT THE CONTRACTOR WILL PAY CITY THE SUM OF $500 FOR EACH AND EVERY CALENDAR

DAY OF DELAY BEYOND THE TIME PRESCRIBED IN THE CONTRACT DOCUMENTS FOR

FINISHING THE WORK, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY OR FORFEITURE. IN THE EVENT THAT LIQUIDATED DAMAGES ARE NOT PAID, THE

CONTRACTOR AGREES CITY MAY DEDUCT THAT AMOUNT FROM ANY MONEY DUE OR THAT MAY BECOME DUE THE CONTRACTOR UNDER THE CONTRACT. THIS ARTICLE

DOES NOT EXCLUDE RECOVERY OF OTHER DAMAGES SPECIFIED IN THE CONTRACT DOCUMENTS.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the following:

Notice Inviting Bids
35 55452.01510\32905 704.2
SECTION 00500

CONTRACT
6-7-22 / 4K-6
Instructions to Bidders
Bid Form
SECTION 00500

CONTRACT
Contractor's Certificate Regarding Workers' Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders '~
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall rl.e done as if required by all. This Contract shall supersede any prior agreement of the parties: ,· ~
ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with aUrequirements of applicable federal, state and local laws, rules and r~ulations, including, but not limited to, the provisions of the California Labor Code and California PubUc Contract Code which are applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at CITY CLERK, CITY OF SAN CLEMENTE or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures. 36 55452.01510\32905704.2
SECTION 00500

CONTRACT
6-7-22 / 4K-7
ATTEST:

CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

BEST BEST & KRIEGER
City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:

Finance Authorization
SECTION 00500

CONTRACT

CITY OF SAN CLEMENTE
By: _____________ _
Its: ·-------------
Dated: _________ , 20 __
("CONTRACTOR")
By: ____________ _
Its: --------------
Dated: ________ , 20 __

END OF CONTRACT
37 55452.01510\32905704.2
SECTION 00500

CONTRACT
6-7-22 I 4K-8
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Department:

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Fiscal Impact:

Summary:

Discussion:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 7, 2022
Public Works / Engineering
Zak Ponsen, Acting Deputy Public Works Director
Agenda Item
Approvals:

City Manager
Dept. Head
Attorney
Finance
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APPROVAL OF SPEED CUSHIONS ON THE 100 BLOCK OFAVENIDA BARCELONA.

Yes. If approved, the traffic calming project budget would be reduced by the estimated speed cushion construction cost which is currently $40,000. The City has an Air Quality Improvement Fund with an amount of $80,000 allocated for traffic calming projects. There are available funds in the Fiscal Year 2022 Traffic Calming budget for this project.

The Planning Commission and staff recommend City Council approval for the use of speed cushion traffic calming devices on the 100 block of Avenida Barcelona.

A petition was received in July 2021 requesting an evaluation for speed cushions on the 100 block of Avenida Barcelona. Speed cushions are a traffic calming option available as part of the traffic calming program. The petition cited high traffic volumes and speeds that often exceed the speed limit. The petition was processed by staff in accordance with the City's adopted Traffic Calming Policy and Resource Manual and the results are presented below.

In the petition, residents also requested that the vertical delineators be removed from El Camino Real at the intersection with Esplanade. Their concern was the shifted/increased traffic from Esplanade to Avenida Barcelona and subsequently increased speeding, noise, and pollution issues. The evaluation of this concern is discussed in part 2 of this report.

Part 1 - Speed Cushions on 100 block of Avenida Barcelona The process for evaluating a street for potential speed cushions involves two separate studies. The first is to review the project per the Traffic Calming Policy and Resource Manual. This is done in order to determine if the street qualifies for implementing traffic calming devices. If a speed cushion project meets the criteria of the Traffic Calming Policy and Resource Manual, it will then proceed to be analyzed per the City's specific speed hump/cushion policy.

Based on the City's Traffic Calming Policy and Resource Manual, the street met the minimum required point score to qualify for traffic calming treatments and satisfied the 67% support requirements. The data did indicate notable volume (2,212 vehicles per day) and 85th percentile speed (30 miles per hour (mph)) on the street.

Engineering Agenda Report
6-7-22 I 4L-1
Agenda Report Page2
Sincl'l the proje.ct met the minimum requirements to qualify for traffic calming, it was ( then analyzed per the City's specific speed hump/cushion policy. Avenida Barcelona meets the basic speed hump/cushion policy criteria for speed cushion installation, with the exception that the 85th perc~ntile speed is slightly lower than required 32mph criteria. When all basic speed cushion criteria are met, a street can move forward to the Planning Commission if a majority (greater than 50%) are in favor of installation.

If any criteria are not met (such as this project), a street can still move forward for Planning Commission consideration if at least 67% are in favor of installation. The petition received in July 2021 indicates that 43 of 48 parcels fronting the 100 block of Avenida Barcelona are in favor of installing speed cushions. This response translates to 90% in favor of installation, exceeding the minimum 67% requirement. Although the 100 block of Avenida Barcelona does not meet all the required criteria of the more detailed speed hump/cushion policy, staff is favorable of recommending speed cushion being installed due to the special circumstances of this block. This block includes a signalized intersection at its eastern connection to El Camino Real, and therefore serves for as a focal point for both local and out of town travelers.

Staff prepared an exhibit (Attachment 1) showing proposed speed cushion locations.

The exhibit was shared with residents, particularly with those that had a speed cushion proposed to be located on their frontage. All adjacent residents have indicated support for the speed cushion locations as shown on Attachment 1.

The item was considered by the Planning Commission on May 4, 2022 (refer to ( Attachment 2 for this report to Planning Commission). The Planning Commission recommended the use of speed cushions on the 100 block of Avenida Barcelona; however, there was discussion after a public letter was received requesting a third row of speed cushions, reconfigured street striping, and a reconfiguration of the intersection of Avenida Barcelona and South Ola Vista. During those Planning Commission discussions it was determined that since those new design considerations were not a part of the publically noticed agenda item, that those Items could not be considered at that time. The Planning Commission was favorable of adding language to their approval that the City Council direct staff to report back to the Planning Commission at a later date with additional traffic calming considerations for potential revised striping and potentially an electronic speed sign.

After the Planning Commission hearing staff received communications from another resident of the 100 block of Avenida Barcelona who was in favor of the project but asked that a third row of speed cushions be installed. The public letters/communications can be found in Attachment 3. All other phone calls received and speakers during the Planning Commission hearing have expressed support for the proposed speed cushions.

As part of the speed cushion analysis staff gets support from the adjacent home owners who. reside directly adjacent to the proposed speed cushions. If Council directs staff to add a third row of cushions, this will cause the location of the cushions to be modified. Any such recommendation by City Council should include an approval of the approximate 50% cost increase, and direct staff to obtain support from the new ~ residents that will be directly adjacent the new cushion locations. If Council wishes to add a recommendation for staff to reanalyze the striping and other traffic calming 6-7-22 / 4L-2
Agenda Report
Recommended