Agenda packet, regular meeting, second session — San Clemente City Council, July 19, 2022 (part 4 of 5)

7-19-22 / 4W-3
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- SLURRY SEAL
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·g, Tel (949) 361-6100
.2J - ~ 1 Fax (949) 361-8316
FY 23 STREET IMPROVEMENT PROGRAM
Project No. 13327

Page 2 ends

7-19-22 I 4W-4
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- SLURRY SEAL

CITY OF SAN CLEMENTE
910 CL Negocia, Suite 100
San CLEMENTE, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316
ATTACHMENT 1
I
LOCATION MAP -------------------! FY 23 ARTERIAL STREET PAVEMENT MAINTENANCE:

AVE. LA PATA (AVE. PICO TO CALLE EXTREMO) AVE. PIG
(THE COURTYARDS TO CITY LIMIT) N. EL CAMINO REAL
(CAMINO CAPISTRANO TO AVE. ESTACION)
Project No. 13320 Page 3 or3
7-19-22 / 4W-5

BIDDER'S

LISTING
Subject:

Company Information
3Sixty Innovation, Inc .

Roy Allan Slurry Seal,
Inc.

L.C. Paving and Sealing
Palp, Inc . OBA Excel
Paving
All American Asphalt
Attachment 2
BID OPEN TIME: 2:00 PM
BID OPEN DATE: 6-23-2022 -------

ELECTRONIC BID
PRESENT: _M---'-H'-'------ --
Bid Opening: FY2023 SIP (Project No. 13327) & FY2023 ASPM (Project No. 13320)
No. of Bids: 5
1#
Bid Bond, Etc. City Bidder is Addendums Amount From NO

ADDENDUM
San Diego,
NO CA $2,674,580.19
Santa Fe
YES Springs, CA $2,930,364.88
Escondido,
YES CA $3,715,253.11
Long $4,248,825.4 l YES Beach, CA
Corona, CA
YES $4,839,937.35
i:\cd\engineering\secure\projects\pn l 3327-13320 • fy 2023 sip onf fy 2023 aspm\05-bidding\pn l 3327-13320 bidders lisling.docx 7-19-22 I 4W-6
(
(
SECTION 00500

CONTRACT
Attachment 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 Roy Allan Slurry Seal, 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:

FY 2023 STREET IMPROVEMENT PROGRAM AND FY 2023 ARTERIAL STREET PAVEMENT MAINTENANCE, Project Nos. 13327 and 13320
The Contractor and its surety shall be liable to City for an/>aamages arising as a result of the Contractor's failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work s~all be commenced on the date stated in City's Notice to Proceed. The Contractor shall complete all Work r,g_qi1lred by the Contract Documents within 100 working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor~ grees the time for completion set forth above is adequate and reasonable to complete the W~ . - h ...? ARTICLE 3. CONTRACT PRICE. Ci~~I pay $'1e Gontractor as full compensation for the performance of the Contract, subject to~~ additiorit:or af ductions as provided in the Contract Documents, and including all • licable faxes and cos s, the sum of Two million nine hundred thirty thousand three hundred sixty-four dollars and eighty-eight cents ($2,930,364.88). Payment shall be made as set forth i'n the Generaf'Conditi§hs.

At any time during the tefnl o the Contract, City may, pursuant to the terms and provisions of the Contract Documents, request that the O9.ntractor perform additional work. Contractor shall not perform, nor be compensatetl fb_r:, 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 PENAL TY 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 45 55452.01510\32905704.2
SECTION 00500

CONTRACT
7-19-22 I 4W-7
SECTION 00500

C ONTRACT

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
Instructions to Bidders
Bid Form
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 Certificatio
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings •
Approved and fully executed chang~ rders
Any other documents contained·"n 'Jr incorpor~t~d I to the Contract The Contactor shall comP.le ordance with all of the Contract Documents.

All of the Contract Documents are in en e o e complementary. Work required by one of the Contract Documents an th \ 11 be done as if required by all. This Contract shall supersede any prior agre th 1es.

ARTICLE 6. PROVISIONS REQU"-ED BY LAW. Each and every provision of law required to be included in these Contract Docaments shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public 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.
46 55452.01 510\32905704.2
SECTION 0 0500

CONTRACT
7-19-22 / 4W-8
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

CITY OF SAN CLEMENTE
By: _____________ _
Its:
- ------------

APPROVED AS TO AVAILABILITY
OF FUNDING:

Finance Authorization
55452.01510132905704.2
("CONTRACTOR")
By: ___________ _
Its: ·------------
Dated: ________ , 20 _ _

END OF CONTRACT
47 SECTION 00500

CONTRACT
7-19-22 I 4W-9
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: July 19, 2022
Public Works / Maintenance Services Division
Randy Little, Maintenance Manager
Agenda Item __ A>(_
Approvals:

City Manager ___ "1 __
Dept.Head ~
Attorney ·:r
Finance -f~

APPROVE SECOND OPTION YEAR EXTENSION FOR FOUR MAINTENANCE SERVICES

CONTRACTS
Fiscal Impact: Yes. Funding for all contract extensions is included in the Fiscal Year 2022-23 Budget.

Summary: Staff is requesting approval to exercise the second option year for four (4) Maintenance SeNices Contracts.

Background: On September 4, 2018, the City Council approved Maintenance Services Agreements with Colt's Landscape, Inc, Greentech Landscape, Animal Pest Management and Professional Sports Field Management, Inc. to provide landscape maintenance of City parks west of the 1-5 and water reservoir sites, rodent control as allowed by our Integrated Pest Management Policy as well as maintenance of all sports fields. These 3-year base agreements included a provision for two one-year extensions.

Recommended
Greentech Landscape, Inc has requested a Consumer Price Index increase of 8.5% due to inflation and the annual increase of $3,264 will be funded from the supplemental amount. No other contractors asked for a CPI increase.

These contractors have all adhered to the contract provisions and are in good standing.

Action: STAFF RECOMMENDS THAT the City Council approve and authorize the City Manager to:

1. Execute Amendment No. 2 to the Agreement with PSFM (City Contract No. C 18- 40) to provide infields and track maintenance at a maximum cost of $447,880 for the period from July 1, 2022 through June 30, 2023;

2. Execute Amendment No. 2 to the Agreement with Animal Pest Management (City Contract No. C 18-41) to provide landscape rodent control at a maximum cost of $40,950 for the period from July 1, 2022 through June 30, 2023;

3. Execute Amendment No. 2 to the Agreement with Colts Landscape (City Contract No. C 18-43) to provide Landscape Maintenance of City Parks/Properties West of 1-5 at a maximum cost of $551,713 for the period from July 1, 2022 through June 30, 2023; and
Public Works Agenda Report
7-19-22 / 4X-1
Agenda Report

4. Attachments: 1.

2. 3.

4. 5.

6. 7.

Page 2 ends

Execute Amendment No. 2 to the Agreement with Greentech Landscape (City Contract No. C18-47) to provide water facilities landscape maintenance at a maximum cost of $42,500 for the period from July 1, 2022 through June 30, 2023; Draft Second Amendment to Agreement with PSFM
Draft Second Amendment to Agreement with Animal Pest Management Services, Inc.

Draft Second Amendment to Agreement with Colts Landscape, Inc.

Draft Second Amendment to Agreement with Greentech Landscape, Inc.

Contract Listing for Request of Option Year Extensions
Agenda Report, dated September 4, 2018
Agenda Report, dated June 1, 2021
Notification: None.
ds:lcdlengineering\secureladm in\2022\7-19114rlag7-19-22.docx 7-19-22 / 4X-2

SECOND AMENDMENT TO

AGREEMENT FOR MAINTENANCE SERVICES FOR

INFIELDS AND TRACK
Attachment 1
This Second Amendment to the Agreement for Maintenance Services for Infields and Track (this "Second Amendment") is made and entered into on this __ day of _ __ _ _ , 2022, by and between the City of San Clemente, a California municipal corporation ("City"), and Professional Sports Field Maintenance, Inc. (PSFM), a California Corporation ("Contractor").

RECITALS
A. City and Contractor entered into that certain Agreement for Maintenance Services for Infields and Track (the "Agreement") on September 4, 2018.

B. Section 3.1.2 of the Agreement specifies an initial term through June 30, 2021, with the option to extend the total Agreement term by up to two (2) one-year extensions.

C. City and Contractor entered into the First Amendment to the Agreement on June 1, 2021, exercising the first one-year Agreement term extension to provide for Maintenance Services for Infields and Track through June 30, 2022, with a total compensation for the First Amendment not to exceed $447,880.00.

D. City and Contractor desire to amend the Agreement to exercise the second oneyear Agreement term extension, to provide for Maintenance Services for Infields and Track through June 30, 2023, with a total compensation for the Second Amendment not to exceed $447,880.00.

E. The maximum payment amount of the Agreement shall also be increased to correspond to the new extended term of the Agreement.

COVENANTS
Section 3: Section 3.1 .2 of the Agreement titled "Term" is hereby replaced in its entirety with the following:

3.1 .2 Term.

The term of this Agreement shall be from November 1, 2018 and shall continue and remain in effect until June 30, 2023, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

SectL9J!.J: Section 3.3.1 of the Agreement titled "Compensation" is hereby replaced in its entirety with the following :

3.3.1 Compensation.

Contractor shall receive compensation , including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation for the initial term through June 30, 2021 shall not exceed One Million, Two Hundred and Two Thousand, Six Hundred Eighty Pag1> 1 o•;.,
7-19-22 / 4X-3
DOLLARS ($1,202,680.00) without written approval of City's City Council. The total compensation for the First Amendment to the Agreement, exercising the first one-year term extension through June 30. 2022, shall not exceed Four Hundred Forty-Seven Thousand, Eight Hundred Eighty DOLLARS ($447,880.00) without written approval of City's City Council. The total compensation for the Second Amendment to the Agreement, exercising the second one-year term extension through June 30, 2023, shall not exceed Four Hundred Forty-Seven Thousand, Eight Hundred Eighty DOLLARS ($447,880.00) 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.

Except as expressly amended by this Second Amendment, the remaining portions of the Agreement shall remain in full force and effect
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment 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 Authorization

CITY OF SAN CLEMENTE
By:

Its:

Dated: __________ , 2022

PROFESSIONAL SPORTS FIELD
MAINTENANCE. INC. (PSFM
("CONTRACTOR")
By: -------------
Jesus Moreno
Its: CEO
Dated: ________ , 2022
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7-19-22 / 4X-4

SECOND AMENDMENT TO

AGREEMENT FOR MAINTENANCE SERVICES FOR

LANDSCAPE RODENT CONTROL
Attachment 2
This Second Amendment to the Agreement for Maintenance Services for Landscape Rodent Control (this "Second Amendment") is made and entered into on this __ day of ___ , 2022, by and between the City of San Clemente, a California municipal corporation ("City"), and Animal Pest Management Services, Inc., a California Corporation ("Contractor").

RECITALS
A City and Contractor entered into that certain Agreement for Maintenance Services for Landscape Rodent Control (the "Agreement") on September 4, 2018.

B. Section 3.1.2 of the Agreement specifies an initial term through June 30, 2021, with the option to extend the total Agreement term by up to two (2) one-year extensions.

C. City and Contractor entered into the First Amendment to the Agreement on June, 1, 2021, exercising the first one-year Agreement term extension to provide for Landscape Rodent Control services through June 30, 2022, with a total compensation for the First Amendment not to exceed $40,950.00.

D. City and Contractor desire to amend the Agreement to exercise the second oneyear Agreement term extension, to provide for Landscape Rodent Control services through June 30, 2023, with a total compensation for the Second Amendment not to exceed $40,950.00.

E. The maximum payment amount of the Agreement shall also be increased to correspond to the new extended term of the Agreement.

COVENANTS
Section 3: Section 3.1.2 of the Agreement titled "Term" is hereby replaced in its entirety with the following:

3.1.2 Term.

Section 3: Section 3.3.1 of the Agreement titled "Compensation" is hereby replaced in its entirety with the following:

3. 3.1 Compensation.

Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation for the initial term through June 30, 2021 shall not exceed One Hundred and Eleven Thousand, Three Hundred DOLLARS ($111,300.00) without written approval of City's City Council. The total compensation for the First Amendment to the 1 \e,y\St1~ro\mr.:11·se:v:ce!J\c;t; counr.i!•-ng~nl1.::i. r~cts'20?.;'\07 10 22 cr.nlrn:t c1~cn~1::iri5'.aU 2 drnM. ~econ.:t n:n.:.it 10 mtm IN$Cp rc,~0Pt ctrl. ap1r do:.'( 011';?80? 5545.? {Ji106\:5 '!0tl~l l ~'.5 5 Page 1 of?
7-19-22 / 4X-5
Agreement, exercising the first one-year term extension through June 30, 2022, shall not exceed Forty Thousand, Nine Hundred Fifty DOLLARS ($40,950.00) without written approval of City's City Council. The total compensation for the Second Amendment to the Agreement, exercising the second one-year term extension through June 30, 2023, shall not exceed Forty Thousand, Nine Hundred Fifty DOLLARS ($40,950.00) 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.

Except as expressly amended by this Second Amendment, the remaining portions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment 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 Authorization

CITY OF SAN CLEMENTE
By:

Its:

Dated: __________ , 2022

ANIMAL PEST MANAGEMENT
SERVICES. INC. (APM)
("CONTRACTOR")
By:

Dan Fox
Its: President
Dated: ____ , ___ _ , 2022
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7-19-22 / 4X-6

SECOND AMENDMENT TO
Attachment 3

AGREEMENT FOR MAINTENANCE SERVICES FOR
LANDSCAPE MAINTENANCE OF CITY PROPERTIES - WEST OF 1-5
This Second Amendment to the Agreement for Maintenance Services for Landscape Maintenance of City Properties West of 1-5 (this "Second Amendment") is made and entered into on this __ day of ___ , 2022, by and between the City of San Clemente, a California municipal corporatfon ("City"), and Colts Landscape, Inc., a California Corporation ("Contractor").

RECITALS
A. City and Contractor entered into that certain Agreement for Landscape Maintenance of City Properties West of 1-5 (the "Agreement") on September 4, 2018.

B. Section 3.1 .2 of the Agreement specifies an initial term through June 30, 2021, with the option to extend the total Agreement term by up to two (2) one-year extensions.

C. City and Contractor entered into the First Amendment to the Agreement on June, 1, 2021, exercising the first one-year Agreement term extension to provide for Landscape Maintenance of City Properties West of 1-5 through June 30, 2022, with a total compensation for the First Amendment not to exceed $551 ,713.00.

D. City and Contractor desire to amend the Agreement to exercise the second oneyear Agreement term extension, to provide for Landscape Maintenance of City Properties West of 1-5 through June 30, 2023, with a total compensation for the Second Amendment not to exceed $551 ,713.00.

E. The maximum payment amount of the Agreement shall be increased to correspond to the new extended term of the Agreement.

COVENANTS
S~vtion 3: Section 3.1.2 of the Agreement titled "Term" is hereby replaced in its entirety with the following:

3.1.2 Term.

The term of this Agreement shall be from November 1, 2018 and shall continue and remain in effect until June 30, 2023, unless terminated earlier as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

Sectioh 3: Section 3.3.1 of the Agreement titled "Compensation" is hereby replaced in its entirety with the following:

3.3.1 Compensation.

Contractor shall receive compensation , including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ''B" attached hereto and incorporated herein by reference. The total compensation for the initial term through June 30, 2021 shall not exceed One Million, Four Hundred Fifty-One Thousand, Two Hundred Forty-Eight 1 \c.,\soc,.Jre\r .. 1\,A,~ser .Aces\c;ty coot":C",1 l\\'.ig~·H'!Jja rcptc;\~0?21.0 7 H~ ?:..! contract e.den~·ops\t:tr 3 - Sl.lcon~ 8"!"1:dt :o 01sa - C.!ly pa•l-. s proper. M 1.·1 of 1-!i - co't s do:::. 11. (15/1fj0~1 Sf=",...151 C1 10C'2' C9J1 ~5,5 Pi!~~ 1 wf ~
7-19-22 I 4X-7
DOLLARS ($1,451,248.00) without written approval of City's City Council. The total compensation for the First Amendment to t~e Agreement, exercising the first one-year term extension through June 30, 2022, shall not exceed Five Hundred Fifty-One Thousand, Seven Hundred Thirteen DOLLARS ($551,713.00) without written approval of City's City Council. The total compensation for the Second Amendment to the Agreement, exercising the second one-year term extension through June 30, 2023, shall not exceed Five Hundred Fifty-One Thousand, Seven Hundred Thirteen DOLLARS ($551 ,713.00) 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.

Except as expressly amended by this Second Amendment, the remaining portions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment 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 Authorization

CITY OF SAN CLEMENTE
By:

Its:

Dated: ________ , 2022
COLTS LANDSCAPE, INC.
("CONTRACTOR")
By:

Alfredo Jose Jimenez
Its: President
Dated: ________ , 2022
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7-19-22 I 4X-8
SECOND AMENDMENT TO Attachment 4

AGREEMENT FOR MAINTENANCE SERVICES FOR

LANDSCAPE MAINTENANCE OF CITY WATER FACILITIES
This Second Amendment to the Agreement for Maintenance Services for Landscape Maintenance of City Water Facilities (this "First Amendment") is made and entered into on this __ day of ____ , 2022, by and between the City of San Clemente, a California municipal corporation ("City"), and Greentech Landscape, Inc., a California Corporation ("Contractor").

RECITALS
A. City and Contractor entered into that certain Agreement for Landscape Maintenance of City Water Facilities (the "Agreement") on September 4, 2018.

B. Section 3.1.2 of the Agreement specifies an initial term through June 30, 2021, with the option to extend the total Agreement term by up to two (2) one-year extensions.

C. City and Contractor entered into the First Amendment to the Agreement on June 1, 2021, exercising the first one-year Agreement term extension to provide for Landscape Maintenance of City Water Facilities through June 30, 2022, with a total compensation for the First Amendment not to exceed $42,500.00.

D. City and Contractor desire to amend the Agreement to exercise the second oneyear Agreement term extension, to provide for Landscape Maintenance of City Water Facilities through June 30, 2023, with a total compensation for the Second Amendment not to exceed $42,500.00.

E. The maximum payment amount of the Agreement shall also be increased to correspond to the new extended term of the Agreement.

COVENANTS
Section 3: Section 3.1.2 of the Agreement titled "Term" is hereby replaced in its entirety with the following:

3.1.2 Term.

Section 3: Section 3.3.1 of the Agreement titled "Compensation" is hereby replaced in its entirety with the following:

3.3.1 Compensation.

Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation for the initial term through June 30, 2021 shall not exceed One Hundred Seventeen Thousand, Four Hundred DOLLARS ($117,400.00) . . ,_,, ________ _ , \cy\51-?C1.ire\r.•a 1n t~en,icC'S\c1tv CCLrr:d\dQO!:d'.~ (('ot s. \/Q?/\.')7 10 ',/; ron•r~.:! OYt1:'n':iW! 1, tt t. !.£ :~ t d- V,,,.:!l ::, 1"·4 · : ·,t1s.,..1 1l nl ..:1ty \"1.-1.:.:r fctc,i .. · gtt,t.'flleGf\ <!Or.-. 05I1 1.)f.?~ 55452 01100\310~0125 5 Page 1 of 2
7-19-22 / 4X-9
without written approval of City's City Council . The total compensation for the First Amendment to the Agreement, exercising the first one-year term extension through June 30, 2022, shall not exceed Forty-Two Thousand, Five Hundred DOLLARS ($42,500.00) without written approval of City's City Council. The total compensation for the Second Amendment to the Agreement, exercising the second one-year term extension through June 30, 2023, shall not exceed Forty-Two Thousand, Five Hundred DOLLARS ($42,500.00) 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.

Except as expressly amended by this Second Amendment, the remaining portions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment 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 Authorization

CITY OF SAN CLEMENTE
By:

Its:

Dated: ________ ,2022
GREENTECH LANDSCAPE, INC.
("CONTRACTOR")
By:------------
Gus Marquez
Its: ____________ _
Dated: _______ ,, 2022
---------···-·.. , ___ .. ____ _,, _ _ _ , _____ __ , i \cy\sccure\rr,a l"tserv,ces\ci!y CO\mc,l\agenda rcpts\2022\Ci' 19 2? con!ract e;..1c--:s1ons\at1 4 • scccna a'Tldt to n,sa • lr1Gscp mnt ci!y water fOCi,5 • green:ech docx 05/19/22 554 52 01 10013•,0901?5 5 Page 2 of 2
7-19-22 I 4X-10
Ref. #
1 2
3 4
Attachment 5
City of San Clemente
Maintenance Services Division
Contract Listing for Request of Option Year Extensions
Contract Type Vendor
Infields and Track Maintenance MSA PSFM
Landscape Rodent Control MSA APM • Animal Pest Mgmt
Landscape Maint. City Parks/Properties West of 1-5 MSA Colts Landscape Landscape Maintenance of City Water Facilities MSA Greentech Landscape FY 2023 Total
447,880
40,950
551 ,713
42,500
7-19-22 / 4X-11
Department:

Prepared By:

Subject:

Fiscal Impact:

Summary:

Discussion:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: September 4, 2018
Public Works
Tom Bonigut, Public Works Director/City Engineer
Randy Little, Maintenance Manager
APPROVAL OF PUBLIC WORKS MAINTENANCE CONTRACTS.

Attachment 6
Agenda Item _1,:'J;;./
Approvals: ~
City Manager ~
Dept. Head ~- !Jf_~
Attorney --+---
Finance
Yes . The pro-rated contract amounts for the remainder of the current fiscal year will be within the approved FY 2019 budget. However, the proposed contracts have been adjusted to reduce contract amounts typically reserved to support special events. Staff will closely monitor these costs but additional funds might be needed later in the fiscal year depending on the number of special events and types of services needed to support them . Beginning in FY 2020, it is estimated that about an additional $250,000 from the General Fund over the current FY 2018 aggregate budget amount will be needed to fund these maintenance contracts. The contracts reflect current market conditions and now include prevailing wage rates as required by State law.

This action is to approve new multi-year contacts for various Public Works maintenance services as further discussed below.

In June the City Council approved temporary extensions (up to six months) for a number of Public Works maintenance contracts that were set to expire at the end of FY 2018. Since then, staff has completed the process to solicit proposals and recommend maintenance contractors for most of these contracts for the next contract period. With the recent proposal solicitations, staff took the opportunity to consolidate and re-organize the old contracts into more logical groupings of related work. The attached table shows how the old contracts were consolidated, and also lists the recommended contractors that would provide these services for the next three years .

All of the contracts include options to add up to two (2), one-year extensions for a maximum term offive years on each contract. However, these extension would require advance City Council approval to extend the term and approve the corresponding cost.

The solicitation requested proposed costs for three fiscal years starting with the current FY 2019 (i.e. July 1, 2018). Since the new contracts would start on November 1, 2018 if approved by the City Council, the table presents a pro-rated FY 2019 contract amount based on eight months remaining in the current fiscal year. Almost all contracts include a base component for ongoing, routine maintenance services, plus a supplemental amount that is similar to a contingency amount and used asneeded to support various special events, athletic events, unplanned damage repair, etc. Supplemental amounts for FY 2019 have been reduced from prior years, which might impact the ability to support special events or perform additional as-needed Public Works Agenda Report
&tG·t
7-19-22 I 4X-12
Agenda Report Page 2
( services. Also, if the contracts are approved by the City Council, staff will make adjustments to a number of individual program line items to ensure each contract is properly funded, but the total aggregate amount will not exceed to current FY 2019 budget approved by the City Council. Finally, the table also shows the expected costs for the remaining two years of the initial contract (i.e. FY 2020 and FY 2021) and the expected total three-year cost for each contract. Note that the Water Facilities landscape contract is funded by the Water Fund and not the General Fund. Also, staff is in process to solicit bids for street sweeping and street sweeping parking enforcement, but these are funded by the Clean Ocean Fund.

Recommended
Action: STAFF RECOMMENDS THAT the City Council approve and authorize the City Manager to:

1. Execute a maintenance agreement with PSFM for infields and track maintenance with an agreement end date of June 30, 2021 and a maximum agreement amount of $1,202,680;

2. Execute a maintenance agreement with Animal Pest Management for landscape rodent control with an agreement end date of June 30, 2021 and a maximum agreement amount of $111,300;

3. Execute a maintenance agreement with Ed Stewart & Associates or city trail maintenance with an agreement end date of June 30, 2021 and a maximum agreement amount of $333,912;

4. Execute a maintenance agreement with Colts for parks maintenance (west of 1-5 parks with an agreement end date of June 30, 2021 and a maximum agreement amount of $1,451,248;

5. Execute a maintenance agreement with Priority for parks maintenance (east of 1-5 parks) with an agreement end date of June 30, 2021 and a maximum agreement amount of $2,174,504;

6. Execute a maintenance agreement with Colts for beach, beach accesses, and pier maintenance with an agreement end date of June 30, 2021 and a maximum agreement amount of $374,736;

7. Execute a maintenance agreement with Colts for streetscapes maintenance with an agreement end date of June 30, 2021 and a maximum agreement amount of $581,504;

8. Execute a maintenance agreement with Greentech for water facilities landscape maintenance with an agreement end date of June 30, 2021 and a maximum agreement amount of $117,400;

9. Execute a maintenance agreement with Lippert for playground safety inspections with an agreement end date of June 30, 2021 and a maximum agreement amount of $87,531; and

10. Execute a maintenance agreement with Trinity for janitorial services (including exterior restrooms) with an agreement end date of June 30, 2021 and a maximum agreement amount of $457,190.

Attachment: Contract summary table.

Notification: None. S:\cd\Eng;neering'.secure\Admin\20 1819-4-18\9-4-18-'ir.docx qfz.
7-19-22 / 4X-13
Recommended Pro-Rated Contract FY20-21 Three Year Total Old Contract New Contract Vendor Amount for FY19 Contract Contract Amount Amount (FY19-21)
Steed Park Maintenance, VH I
Infields & Track
Maintenance PSFM $306,920 $895,760 ! $1,202,680 1
Parks Maintenance
Landscape Rodent Control Same Animal Pest $29,400 $81,900 i $111,300 Management l Beach Trail Fence Repair
I Beach Trail Maintenance City Trail Ed Stewart & $69,728 $264,184 $333,912 Maintenance Associates ! Inland Trails Maintenance t.:

I I
J Sea Summit Parks
l 1100 ECR Maintenance, West of 1-5 Park Community Center, Ole Colts $347,822 s1,103,426 I $1,451,248 Maintenance Hanson I Park Maintenance j Park Maintenance
Negocio (910 & 1030)
l Landscape East of 1-5 Park
: Priority $537,376 $1,637,128 $2,174,504
i Steed Park Maintenance Maintenance
Vista Hermosa Sports Park
Maintenance
Beaches, Accesses & I Colts
I
Beach Maintenance $99,616 j $275,120 $374,736 Pier Maintenance I Streetscapes Same Colts $125,3761 $456,128 ! $581,504
Water Facilities Landscape Same GreenTech l $88,800 $117,400 Maintenance $28,600 :

I
-.J S) I
.....>.
(,0 ' I
! Playground Safety Playground Maintenance $21,9311 Inspection Lippert $65,600 $87,531 Sea Summit Restrooms I I
Janitorial Services !
N
N rC\
~ -.i:,..
>< I ~
! Restroom Maintenance including Exterior Trinity $104,505 $352,685 $457,190 ' Restrooms
Janitorial Services
' .....>.
.i:,..
(

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 1, 2021
Attachment 7
Agenda Item _ JP!±_
Approvals:

City Manager -~.. _M
Dept. Head ·(J-l
Attorney
Finance =r
9iiii1Vl 7 [ Ii 2 IN O illt:tlil!i a ¥-&rMt di W&te:'
Department:

Prepared By:

Subject:

Public Works / Maintenance Services Division
Randy Little, Maintenance Manager

APPROVE FIRST OPTION YEAR EXTENSION FOR NINE MAINTENANCE SERVICES CONTRACTS AND SECOND OPTION YEAR FDR ONE PROFESSIONAL SERVICES AGREEMENT.

Fiscal Impact: Yes . Funding for all proposed contract extensions is included in the Fiscal Year 2022 proposed budget. Ther~ will be no increased costs for the extensions.

Summary: Staff is requesting approval to exercise the first option year for nine (9) separate Maintenance Services Contracts and the second option year of one (1) Professional Services Agreement. The current agreements all sunset on June 30, 2021.

Background: On December 19, 2017, the_ City Council approved a three-year Professional Service Agreement for graffiti removal services. The agreement included a provision for two one-year extensions. On August 18, 2020, the City Council approved the first option year extension through June 30, 2021.

Recommended
6n September 4, 2018, the City Council. approved ten (10) separate Maintenance Services Contracts for various Public Works maintenance functions. These contracts were awarded for an initial 3~year term expiring on June 30, 2021 and include two one-year extension options. One of these contracts for playground maintenance is no longer needed as this service is conducted by City staff certified in playground equipment maintenance.

On March 19, 2019, the City Council awarded the contract for Citywide janitorial services to Omni Enterprise dba Omniclean beginning April 1, 2019, after an unsuccessful contract with Trinity Building Services.

The proposed contract extensions provide contracted maintenance for our parks, streetscapes, beaches, pier, beach accesses, infields, rodent control as allowed by our Integrated Pest-Management Policy, trails (Beach and Inland), Citywide janitorial services, Utilities Division water facilities, and graffiti removal and administration on public and select private properties.

The -current contractors have ;:1II adhered to contract provisions are on good standing.- and have provided excellent customer service.

Action: STAFF RECOMMENDS THAT the City Council approve and authorize the City Manager to:

Public Works Agenda Heport
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--------- -•·--··· -----·------·-----
Agenda Report Page 2

1. Execute Amendment No. 1 to the Agreement with PSFM (City Contract No. C18- 40) to provide infields and track maintenance at a ·maximum cost of $447,880 for the period from July 1, 20211hrough June 30, 2022;

2. Execute Amendment No. 1 to the Agreement with Animal Pest Management (City Contract No. C18-41) to provide landscape rodent control at a maximum cost of $40,950 for the period from July 1, 2021 through June 30, 2022;

3. Execute Amendment No. 1 to the Agreement with E. Stewart & Associates (City Contract No. C18-42) to provide city trail maintenance at a maximum cost of $132,092 for the period from July 1, 2021 through June 30, 2022;

4. Execute Amendment No. 1 to the Agreement with Colts Landscape (City Contract No. C18-43) to provide Landscape Maintenance of City Parks/Properties West of 1-5 at a maximum cost of $551,713 for the period from July 1, 2021 through June 30, 2022;

5. Execute Amendment No. 1 to the Agreement with Priority Landscape (City Contract No. C18-44) to provide Landscape Maintenance of City Parks/Properties East of 1-5 at a maximum cost of $798,564 for the period from July 1, 2021 through June 30, 2022; .

6. Execute Amendment No. 1 to the Agreement with Colts Landscape (City Contract No. C18-45) to provide beach, beach accesses, and pier maintenance at a maximum cost of $137,560 for the period from July 1, 2021 through June 30,2022; (

7. Execute Amendment No. 1 to- the Agreement with Colts Landscape (City Contract No. C18-46) to provide streetscape maintenance at a maximum cost of $228,064 for the period from July 1, 2021 through June 30, 2022;

8. Execute Amendm'ent No. 1 to the Agreement with Greentech Landscape (City Contract No. C18-47) to provide water facilities landscape maintenance at a maximum cost of $42,500 for the period from July 1, 2021 through June 30, 2022;

9. Execute Amendment No. 1 to the Agreement with Omni. Enterprise dba Omniclean (City Contract No. C19-33) to.provide Janitorial Services (including exterior restrooms) at a maximum cost of $434,589 for the period from July 1, 2021 through June 30, 2022; and

10. Execute Amendment No. 2 to the Agreement with E. Stewart and Associates (City Contract No. C17-58) to provide graffiti removal services at a maximum cost of $95,200 for the period from July 1, 2021 through June 30, 2022.

Attachments: 1.

2. 3.

4. 5.

6. Draft First Amendment to Agreement for Maintenance Services (MSA) Draft Second Amendment to Professional Services Agreement (PSA) Contract Listing for Request of Option Year Extensions
August 18, 2020 Agenda Report
September 4, .2018 Agenda Report
March 19, 2019 Agenda Report
Notification: None.
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Attachment 1

FIRST AMENDMENT TO

AGREEMENT FOR MAINTENANCE SERVICES FOR
This First Amendment to the Agreement for Maintenance Services for-,--- - ---- (this "First Amendment") is made and entered Into on this __ day of June, 2021, by and between the City of San Clemente, a California municipal corporation ("City"), and ____ _ _ ______ , a _________ ("Contractor").

RECITALS
A. City and Contractor entered Into that ce , • ,eement for Maintenance Services for ______ Maintenance t , t") on September 4, 2018.

8. C.

D.
with th
Section 3.1.2 of the Agreemen •
with the option to extend th
extensions.

Based on Contractor'
the Agreement to ex..,,' r!ll"-.·""'
for ______ ~-....=:;irn~."K
Them •
gh June 30, 2021,
two (2) one-year
sire to amend
ion, to provide
ugh 0, 2022.
t shall also be increased to
nt.
em er 1, 2018 and shall continue and remain In
inated as provided herein. The City shall have-the
ew this Agreement for one (1) additional one-year
extension. he Services within the term of this Agreement, and shall meet any other and deadlines.

Section 3: Sectio .
entirety with the following:
of the Agreement titled "Compensation" Is hereby replaced In Its

3.1.2 Compensation.

Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth In Exhibit "E" attached hereto and incorporated herein by reference. The total compensation for the Initial term through June 30, 2021 shall not exceed _ _ ____ _______ DOLLARS($ _ __ ) without written approval of City's City Council. The total compensation for the First Amendment to the Agreement, exercising the first one-year term extension through June 30, 2022, shall not 55452.01100\31090125.5
6-1-21 / 6H-3
7-19-22 I 4X-17
-- --------- _,.._., _____ - ---·-·
exceed__ DOLLARS ($. _____ ) ( • ;
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.

Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this First Amendment 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 Authorization
65452.01100\31090125.5

CITY OF SAN CLEMENTE
By:

Its:

Dated: ---------' 2021
..
("CONTRACTOR")
By:~----------
Its: ____________ _
Dated: ________ , 2021
6-1 -21 /6H-4
7-19-22 / 4X-18
(

SECOND AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT FOR

GRAFIWI'I REMOVAL
Attachment 2
this Second Amendment to Professional Services Agreement for Graffiti Removal (this "Second Amendment") is made and entered into on this ____ day of June, 2021, by and between the CITY OF SAN CLEMENTE, a California municipal corporation ("City''), and E. Stewart and Associates, Inc, ("Contractor"). •
A. City and Contractor entered into tha~l4j,\,'•vi.w.i.u,.

Graffiti Removal (the "Agreeme
B. Section 1.1 of the Agreement
C.

D.
the option to extend the total Agr .

City and Contracto
Removal (the "Ag
exercise the first
Remov, •
• onal Services Agreement for
017.
ent for Graffiti
rst A ment was to to
, to provide for Graffiti
ontractor desire to amend
mcnt term extension, to
0, 2022.
~e. Agreement shall also be increased to
;,i..,,,.,m • .,,,.,, -,·~-the Agreement.

Se.2tion 1: , -.. • n 1.1 e Agreement titled "Term" is hereby replaced in its entirety with the following:

1.1 Term.

The term of this Agreement shall commence on the Effective Date, and shall continue and remain in effect, \lntil June 30, lOl2. unless terminated earlier pursuant to the terms hereof. Notwithstanding the forgoing, the City Manager or hls or her designee shall have the authority on behalf of the City to administratively approve extensions to the term hereof not to exceed a cumulativ~ total of one hundl'ed eighty (180) days.

Section 2: Section 3 .1 of the Agreement titled "Payment Schedule: Maximum Payment Amount" is hereby replaced in its entirety with the following:
\lct\anta\oy\secure\maintseMceslclty councll\agenda repts\W21\06.01.21 contract extonslons\Mt ~. dra'l \etJ:>nd Hrrdt to ~s~ • graft1tl • 2nd option ycar.dacx f'ilgu 2of2
6-- ·1 -21 / 6H-5
7-19-22 / 4X-19
l'rior to the tenth of the month, CONTRACTOR shall submit to CITY a monthly status report and invoices itemizing the services rendered during the previous month. Within fifteen (15) working days after receipt of an invoice from CONTRACTOR, CITY shall determine whether and to what extent CONTRACTOR lias adequately performed the services for which payment is sought. If CITY determines that CONTRACTOR has not adequately performed such services, CITY shall inform CONTRACTOR of those acts which are necessary for satisfact01y completion. Subject to the provisions of Section 5 .2 below, which provide for the City to withhold payment in the event CONfRACTOR's insurance expires during the te1m of this Agreement, CITY shall cause payment to be made to CONTRACTOR within fifteen (15) working days from CTIY's determination that CONTRACTOR has adequately performed those services for which CITY has been invoiced. fu no case shall CITY pay in excess of each line item set forth in JiJf.!!ib,it "A" for any particular task unless approved and authorized by the CITY in ..., ' g (applicable only if 11.xhi._l:?it " " breaks down the Scope of Services on a line item basis). The ~ aximum Annual Fee") for the Scope of Services set forth in Exhibit "A''. provided durir l Year 2022 (i.e. period from July 1, 2021 through June 30, 2022) shall not exceed Nli\TE X . ·IOUSAND, TWO HUNDRED DOLLARS ($95,200.00). The Maximum Annual P fill be 11 • ·ve of all amounts payable to CONTRACTOR for it'l overhead, payroll, pro d all costs • ·- ·hatever nature, including without limitation all costs for subcontracts, ' s, equipment, su p and costs arising from or due to tennination of this Agreement (the" ompensation"), Section 3: Except as expr
portions of the Agreement ~hall re __ ..,.,""_,_ .. ",....,"'".

IN WITNESS WHEREOF, th
executed on the rcspcc •
Approved as to fom1:

BEST BEST & KRIEGEru -~
City Attomey
Finance Authorization
the remaining
Dated: ________ _, 2020
E. STEWART AND ASSOCIATES, INC.
("CONTRACTOR")
By: __________ __,
Its: -------------- Dated: ________ • , 2020 __,
\\c~,datalcylsecurel111alntservlces\clly councmsgando roptsl2021\C6.O1.21 cor.tract extonsions\att2 • draft second emdt to psa • grafflU • 2nd opt!on ye3r,docx Pago 2 of2
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I
I I I ! I , . I
I
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Ref. fl
1 2
3 4
5 6
7 8
9 10
Attachment 3
City of San Clemente
Maintenance Services Division
Contract Listing for Request of Option Year Extensions
Contract Type Vendor
Infields and Track Maintenance MSA PSFM
Landscape Rodent Control MSA APM - Animal Pest Mgmt.

City Trail Maintenance MSA E.Stewart & /\ssoclates
Landscape rviaint. City Parks/Properties West of 1-5 MSA Colts Landscape Landscape Maint. City Parks/Properties East of 1-5 MSA Priority landscape Beaches, Beach Accesses and Pier Maintenance MSA Colts Landscape Streetscape Maintenance MSA Colts Landscape
Landscape Maintenance of City Water Facilities MSA Greentech Landscape Janitorial Services MSA Omniclean (frinlty)
Graffiti Removal Services PSA E.Stewart & Associates ..

FY 2022 Total
447,880
40,950
132,092
551,713
- 798,564
-
137,560
228,064
42,500 ~
434,589
95,200
6-1-21 I 6H-7
7-19-22 / 4X-21

AGENDA REPORT
Atta~hp:ient 4
Agenda ltern LE''-')
Approvals:

City Manager C.ifJ
Dept. Head -:J}J_~~
SAi\! CLEMENTE CITY COUNCIL MEETING Attorney
Meeting Date: ALlgust 18, 2020 ---
~~~ Finance ~-,fi)?-~ s.---lDil~!l!iiilrlmm-am.amsmalli~~lilWJi'lia•1 Department:

Prepared By:

Subject:

Public Works
Tom Bontgut, Public Works Director/City Engineer
AMENDMENT No. 1 ro EXISTING AGREEMENT WITH Eo STEWART AND ASSOCIATES FOR GRAFFITI ReMOVAL SE:RVICES.

Fiscal Impact: Yes. The proposed amendment. w!II result In expenditures of up to $95,200 during the current Fis.cal Year 2021. The approved Fiscal Year 2021 budget Includes funding for this action.

Summary: This report requests City Council approval to extend the existing graffiti removal agreement with Ed Stewart and Associates for an additional year as further discussed below.

Discussion: On December 19, 2017 the City Council approved an agreement with Ed Stewart and Associates to provide graffiti removal services (see Attachment 1 for staff report). That agreement (provided In Attachment 2) was for an initial term through June 30, 2020, but Included a provision to aLithorize up to two (2) one-year extensions. Due to excellent performance by Ed Stewart and Associates, staff recommends City Council approval of the first term extension through June 30, 2021 via the formal agreement amendment provided !n Attachment 3. The maximum hot-ta-exceed cost for graffiti removal services for Fiscal Year 2021 is $95,200, consistent with the rate schedule Included In the approved agreement. There' are funds In the approved Fiscal Year 2021 budget for this expense.

Recommended
Action: STAFF RECOMMENDS THAT the City Council approve and authorize the Public Works Director/City Engineer to execute Amendment No. 1 to the Agreement with Ed Stewart and Associates (City Contract No. C17-58) to provide graffiti removal services at a maximum cost of $95,200 for the period from July 1, 2020 through June 30. 2021.

Attachments: 1. December i 9, 2017 Staff Report

2. Original Agraement

3. Amendment No. 1
Notification: Ed Stewart and Associates.
1:l cd\onglnoorlng\oecure\~dmln\2020\8•10-201e-16-20-11r.do.:x Public Works Agenda Report
8 .. 18-20 / 6S-1
6-1-21 / 6H-8
7-i9-22 / 4X-22
r '

AGENDA REPORT
SAN CU!MENTE CITY COUNCIL MEETING
Meeting Date; December 19, 2017
a
ATTACHMENT 1
Agenda 1t1.1m {o .. .r_
Approvrils:

CltyM~nager
~
_ _
Dept. Head
. Attorney
Flnanoe ;.w..-=~.-+
Department: Publlc Works/ Maintenance Services
Prepared By: Randy Llttta, Maintenance Manager
St1b}eqt;
Flscaf lmpa~t;
summary:

AWAl?D OFAGREEAJ~Nr TOE. STE:WAltT AND ASSOCIATE$ FOR GRAFFITI RSMOVAL.

Yes,.The"FY 2017-18 budgat Is $97,200 combined for administration of the Agreement and estimated graffiti remuval costs. The bld,proposal from 5, Stewart ~d Associates (Stewart) Include~ a monthly admlnl9tratlon nite and hourty labor/aqulpinent rates for grafflU removal for a 00mbl11ed estimated total of $95,200 per fiscal year, and $.238,000 for the Initial term of the proposed Agreement. No supplemental appropri~tlons are required.

The City's current Agreement with stewart to provlcl~ graffiti removal services wUI expire Oe~mber '/.7, !'t017, Staff reoon,mende that CoUl'lCII approvEl and awa,rd a Professional Servloes Agreement with Stewart for an Initial tenn of January 1, 2016 to Jun8 30, 2020, with two optional one year extensions-, for a total amount not to exceed $238,000.00 for the lnlflal term. Thi$ total Includes administration of the Agreement and graffiti remov(,11 on Pl!bllc property Including co.astaVbeaoh tralls and speolffo prtvate property locations Within -tho Oity,at-prevaHlng w~ge- in an amount not to exceed $75,000.00 fqradmlnlstmtlon, .an eatlm1:1ted $6O,5.00.00 for grafflfl removal on public property, and an estimated $112,600.00 for graffiU removal on prfvate. property, Discussion: The City's Maintenance Servl~s Olvlaron whfoh oversees the A,9reement, lssqe<;( a Request for .Proposals .{RFP) on November 2, 2017 and advertised the RrP In the orange County ~eglster and on the Pfanet8tds website as directed by City policy. The bid opening was ~etd on November 28, 2017.

Two Proposals were received, wtth the following totals for the Initial term of January 11 2018 through June 30, 2020: • •
• Administration of Agreement
&trMont11 Tqtal
• Mayers Services • $7,600 $228,000
• g,Stewart $2,fi00 $76,000 . .

The Stewart proposal reflect8 a difference In cost of $5,100 f:)er month and $153,000 total for the term, balow the Meyers proposal. The pro?()sed Professl<mal Services Agreement with E, Stewart arid Associates, lno, Is a~allable for review In the CJty Clerk's off/oo, •
i
!
.j
' Public Wo~ II.Benda Report _, · l
12-19~17-/ 81-1
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6-1-21 / 6H-9
7-19-22 / 4X-23
j
l
)
Agenda Report Page2
R~ommended
Act1on: STAPF R.E:OOMMENOS l'MAT the City Council apptova and authorize the Mayor to axecute Contract No.~ by and between 'J'he City of San Clemente and E. Stewart and Assoolates, lno, for graffltl removal services In connection with public properties and speolfio pttvate property lo<',atlort$ within the City for the ltiltl~I term of January 1, 201 s to June 301 2020, with two optional one year oxtenslons. • Atta~hments: aid def s Listing
Nof!tic1ttir;n1: Nona.
1M9-17 /61-2
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THIS PROFESSION~{:, §J3RVI~GREBMBl'{t (th~i 11.Agtqel)'lent"J is,made·and enierd foto thf~f.:i~~-i."~!!Y o.f(l :' •~;- iW~i~h.e 11£'.ffe<itive,Date,,)~ -by Ellld between *Mq;ey. of1San Clomente, a miipfoipal ~9rp,orj~91,1>'.ltere/na:ftat,t:efbrre0. tp as the 11<:!ITY", a1i1l E.'Ste;1,v,att and Assooiat'e~, Inc.of'l,000 Ca1Ie Negooio, San Clemente CA92673 hel'einilfrcr:t~)'ewea~to 11s the "CONTRAC.TOR11 , • • • ' R,BQITALS, •
'
A: ClTYh~qtiiresprofessiona19~·11;,,..~;:.,,.i..= ·." • • • : -at or In conne<rt1on witft P\llilk~bl'~crty anil sp.e In
the City.
1 B. OQN'f.~G'l;QR hll§-tepresenteq tu Cl1Y tha! C0'.1-JT-R;ACTQR is qualified tQ perfonntsaid iichvlces•and,has Sltbniitted II pro~o·saho CIT¥ fors!lme. • C, - CITY aesi~es,tb.)lave CO!fi'RACTQlt perfdrm s.al~ ~erv.lces on the term~ ana conditions set fortb heytpln. •
•• C O V B N.AN.lJl.l
Based on the l'qt~goih~ R,ecltalg il!ld for- g'ood qnd viil\lable:coii$lderdtfon, the iece1pi in~· suftfofenoy. of whidiis e,cla:)9)-Vlecigiid by both partie.,i, OIT'y ·f.!.n..c1:GQNTRA0TOR: ,agree as fqJlows: • '
LI Ierm,
-Jil .• RESFQNsta~cw aoN,J:MetQR
Xhfteilln.oftb!s 4:green:i~Iitsnnll coflunence on the:Bff'eotlve.Dato,•and shall c9ntin~w aiici f◊tn~it-i;i.u eff11<1m1;1».tU. .. 0 ,,..,r; ,,.~".' • ''~li • irtw~· "im~·;• •· · .- :ti ·•'iiffiiPlfii[l~\. • uqless;te1t111nµteq tiatiler. pi1i~u~1J.t t_o tlw )e,tm$'he1•~f; .• Non,vltiis.t"im .. g·'the,for-gciirig, th~ City M1meger or his' on hef,designee ·shall :bavo•the;a!itliorJtY, 011. J:,ehdlt' of tl-io Clty to aduill.ustratively a}lproVe-r.fxtMsfons to the ti3+fn hereof f(ot ro ~Jtce.ea a· cum-ul'ative total of 011e hundred el~hty (1_80) c}~y4 ..
l,2. ·S)iope o~fSery!ces.

CON'.fRA:CT0R stiafl p~rfo,rm any a11d .ail work nee'essarY,•for·tfiM.ompletion oftl,e tasks and servlces·,s'et f6t't:h'ili'tM "S.cope:of Servlcf-S11 attached h~reto a,ng lpcqrpor1;1ted he\'cin a&•;Bilrlfilt!~ in a mah1fot satisfactory to CITY. By executioo o.fitltis A,greemenu 8-18-20 / 6S-4
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6-1-21 / 6H-11
7-19-22 / 4X-25
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·d0NTRA8,'f.6.k wM:ffirits. thllt;~l);it.Ms tl:lorot1glHy:fov.~§t!m1ted.-~nd-•c011ei~~rectthe work to'be·p,eefor-medJ.{li);Jt"h'as;.carbful(y i>xan'llned the•lqo~tionio))''~ooacloM at <ir-Mti} rc~pect i~. ,vhl~h thti .workis_ito:.be>'pef.fot-rtietl; r.s ~PJ?lioatlleya'ncf{ll01dliH~ und~rstands t~e ~1fflc,11Hcs•a~~-l'~tr•¢.tIQn~ a\Jeild)~g,thc:po~fo,iimance .. ofilie Wo11f<:.fhWi<l()d for urlder thi$ AgreeJ)lllnt, C.ON'J™T~ltll¢k-l}QWleds~s· that oertain,r,9fth'.ementtto tho Scope of • Servlces ma,y, on R!'lg1tt!QU,:~~:i).eqesst1o/f to ao~l.~ve•Cl'J:Y\§Jgqµ,l}i•Jw+e1.mde1•1 and CONTRf,.CTOR: sha1li'-';fJopbratcnvlth and i\Ssbl the,Cl'l'Y f<I :l~~1\lfy /lll4 nt!lkl) such refinements pr.Id~ to und~1taklh1tatiy task's or servlcestt~ilhl'lily require r~tlnemetlt.

J.,JJcbs:dule of Perfqr1mn'®:·:

P,1tlor tQ the Glt,Y.'a• ~~~(:~tJon··i;,f't~l~ Asre.emcntJ 1,1n<l .as~• <wn!JlijQ1rtitU1e eff~o(iveness herl}{)i, OQNTRAC'f(;}R,ahJ!ll .t\lrt!lll,n;fo CITY proof'eflih~11r~n9<;-~ov,pr!)g~•{IS,,.~qylr~d untfcr Artlcle.5.,,lnaMl'n'ce. ,'Qtfotl CITY's•t·eleMe to C.ONT-~GTOR:,of~fully ex.ecuted copy.llet·eof'ijnd ls.sual1~:ofti. written,Not!or;i to Pi,boeed1. ~b~~MC.II1,0R .shafl 'P,ro111ptly , q9rnmenil~ p~rfo.rn.ianc.esof th·~ WPik. Until aucli t11ne; 06}(.r,~~G'r.(QR ls not authorized to pol'fo,1·m. and w.Jll,po.~ \j<, 1,.~ig 't'orp~1'formJl\g,anx wo.rkltJP:ile,r.:f,f.u;1;~$,teQtnent.

CON1'RACIT'Oll:ShJll!•~x.i~r~i~ rcn~on~~le djljgQncl} lq !Jiv.~-#!~'1>~r.v!oe~ tl8 set fortµ In ~'..'...;\!'. eomp!.;t~q aQ~~.ml?n,~l(l.ed to CITY fo11 finf!l (l.ppro:y11l' a,.S1§s,011 fl$, reason~bl~ practlcnhtc1 nhd In• ft'ccoMancc:WltW the schedule,o~pe~far-matlco i\tta'ch'ed' .h'o~eto artd incoi·porated her~lll qs!~Jd!ibrt;11~, prt>vldoo that croNtkAq'.ftolt ~h~Ii"bo efititlo<l to ~n oxtenslon of tlrne for''iiny.'del~ys.c;\t.1sbd by event~ or,ocbur'~dqtes.lieyond • C~NTM!'.JTOR1s re.a.s.~;1~~J~~cor.froJ.
lg\ .(getlti!:V~~!!iQ11S Eer-.(Q~ . f f
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CONTR/,\C'FORrepresetlt~itftat It ¢titplots or ;will btn~loy1at;lts,0Wh1.llxpen~e 11ll persqnn,el requlr,e~ ·1'9.r·tl\e.~~ti:if~~fdp}.' p~formapoeidf ru'ly a,n~ atl.t~&k.s1aJ1d s~svfoes r9qulre9 herotJtJd~r .. GP.'N:1'.~0TPR: s1iatJ nohepj_ij~~ ap. '.o.f'lhf, p~·11~, pal·merp,bers of Jhe Pl'oject t~ali\ lt1QlUQit} any Af'th.e per§ons lisled,1!11'. • 'I It ! 1 &:·Hf (XO)'ITRACTO'R' S •
personp.e'I ls I lsted•,on, xh 'Jt111Al' ,. o.qmy successors to any o 'suoh pors~ms1 witlto.ut C!TY'a prior wrltteii r:p11rov·· ,

9.JP;hl'I'!½·Gr,@R.r~p.resenf$..1!lif.1P.'th~•,ta~ks f\lld ,;ervi,o~.s·r~imlr<j'difi~r~.llmler will be pwfot'Wed'•~rPOl'f'I)M.O1,ORar:1,nd~r. its dlreo~ SU.P,er'll~ibq1, a~d' that t\,11 personnel eng~gp~.·h\:ilui>h ,;wtt~•shall'Be.fulit CJ}\alttled a,sd.~hilf! ~~~utl\or-ize?lah'd ~ei'niltte4 under • '6pP,liM1:lle.$'tiUe,M'd.lo.ofl) law·to ~tfpJ.lm1~uch t~ska1~nd:1w1:vio,,ea, )pfqro,:rf!ng,Hµt.s.uch •. tg$kM{Jid,s~rvi'c!l!S, 'C,QNTM'PT.0R. sl111ll no~e.tt1plor, J.WY ~ndoo~me1itlid1aI,te,llll'(l.~}J persons who•41re 1not cltfa:ons,or,na(iorn1ls ofthe 1lJhited Smte~,.. 'Jli'la,Agtoom<m-t ,cohte~p!ates the pel'S'O,;lal •aervi~.e~ <lf .~ONT~.Ac.£(f@R 1a11ir ·coNtRA~TOR'.s ~l)wtoyljle$,, and·lt ls r'ecognlzed :~Y,the P!!tij~~1•l1~teJ9 ih~t•ij,,S,Ub~taxitlal lttduopment to OJTY•(9i ent~1jng:lntq tllis. Agreemen,t•'WE!§, t1!\d l~,,illJie prqfesslohal reput'~tign and ·ooJ.11PeJ~ttc.e Q.f,ctONTRAC'l'OR and· CONJRAC'l'©Rls•elnployees, Nolthet thls Agrc:ement,l'lor any interest therein niay. be ~s~igile<i~6y1.e6N'fR:A.CTOR, • eiGept upon mltte1t cofi'sent or'CITY.
li"¢l'\!~:ofll!~n~m11~tvlco~\qop:11,r1\J!'i'flld,romoaj~~•• u<0w-.rt, B'Jilll!I remnwl Ql,01 ,13. M,1~,.1.1)1.0•lfllh l opifoni1 1•)'<'111X1•ni!rni1,rlno~ • 8-18-20 / 68-5
6-1-21 / 6H-12
7-19-22 / 4X-26
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. Furthermore, CONTR/,1.CTqR. shall Mt subc9ntrn'ot aqy po~tl~.n pfthe,per'for:manoe c;onte1'i\pl111e.d {Ind provided for heroin without the ptlor wriltett approv11I of CITY, except for those subcontrac!ors,named'in tho proPQsal for tho p'rojeot, .Nothing herein contain«\ ls.intended to or &ha1l,~o,c0nst1:L1e9 V-9 preventing c.oimvi:e't.(:)R frotn'etnploylng·ot • hlrirtg M many employees as CONTRACTOR meiy deem necessary tor the proper and effiofent e;<e¢11tion ofthl~ Agrec;ment. · .. , -·
J .s Cooperntfgn aq.4 '&gordluJillo11of Wqrk Witb Qll~- CON'~RACTOR shidl work ol,Q~~~Y with Cll'Y111 de11lg11ated representative, either Individual or ootr\mfttee1,Y.,ho•ahaH have tho prlnQipalresp,on~l\>illty' for liaison iind who shall, on a conti11uo\1s-b.i~ls. rovlbw and approve CONTRAC1l!fOR1s·wo~k.

CONTRACTOJt114i1'! onsuro tnat ClTY h\\s reviewed !lnd a.pprov,ed ttll required work as the project progrf)Sses,

1.§ QompHanoe :With L11\iL3~
CONTRACTOR shall co'tt1pl~_'-'W1th all appliCllble f'tgcr~l1 Sh)t;e l\nd lpo11-l laws, . ordlnanoes'and regi1lations1 lnolu<tb1g without limitation all !Jppllce.916 fair labor standeyrds. CO]\/TRAPTOR sn~II hot discriminate against any:emplqyee·or flpplicant fqr ~mploym~nt or e.ny.apprQve,d /J11Pvontrnctor. nge11l1 supplier or•othor,fivrn or person providing ser-Vl()tis to.CPN'l'AAQ!J'OR In conneotloll wit¾ t~ls,~greement on·the bMis of rMe, color, creed, ijl)Ce'stry;-11atlonal orlgtn, rellglon,.sex,.sc,cugl orientation, marital • si11tua, or mental or pliysibal.dli;itbllity, CONTRACTOR $ha I I tak,e 14Fn11patjye action to eu:mr~ that 11pplloa11t~.are employed, and that empfoyees rii'e'.tl'ehfed·durlnithe!r employment, wllhout 1•egatd fo. th<ilr race, color, oreetl1 arioestry,1 httlonar origin,. religion, sex, sexual orl1mtatl0,11, ti1arltal,status, n.nd men\111 or physlo11I dlsablllty, Sucf1 aotions ahall'lnclude, but ttot lit, limited to •~~·following: employment, 't.!pgraah,g, dem()Mn or trausferi rcerultmont or-reorultment adve1tl,slpg; layoff Qr ter111lnflt,lon; rate's·of pay or other forms of 0ompen11atlon1 and' llelectlon ror training, lnol\t~h.1g apprenticeship. • . ' Prior t◊ exeoutlo11 of thls r.\.greeP1,iillt1 CONTRACTOR shall furnish to·CITY proof that CONTRACT.OR and· uU of.Its ~ubcontnict<m1 have a current, vuf!d ~usinoss Ucen~c Issued byC!TY, '
• .LL.s.m_udard of l!trfutwanct:,
CONTRA€TOR aoknowledges, and understands thnl the services nnd work contrao.ted for under fhls Agteemenereq11ire apeolalized -!lkllb ahd ub!Htles an'd that, consistent with this un.detstandlng, CONTRA.CTOR 1s services and work shall bo 1\eld to a standard of quality and workniaMhl_p-prevE>Jent ln the Industry fol' such SDrvlce and work. CONTRACTOR. repre~en~s tD CITY that,CJONTRACTOR holds the pecessary·§~lls and ab\Jitie~ to sa,tfofy th~ sfandatd bf wo~k M set· forth in tbls Agrean1ertt. CONT-/.lAQl'OR shall perfol'ltl 'tf1.e work and i;ervices under this Agreoment In aooordanoe wl'th such standard of work and In 11ocorda:1oe with the aco~pted stallda1·ds of the professional dlsolpl,ines involved ,In tho lil1V-S~ro\m.,l~l•mlml11lllfllcl$\graffili RIMYll~fja,• t.JI~~ • ival'liltr<>l\1o'~I O l.01, ll •llll,l0,1~20 ,,h~ ~ cp1lo11,1) l•YiJt tllonsloM,dto• 8-18-20 / 6S-6.
6-1-21/61-l-13
'7-19-22 / 4X-27
pt'ojeo'~. All. work shall be completed to the reason.~t;i)'e· st1thfription of'CITY, Jf CITY reasonabj.y; ~etermi11~8 ~n~t the wot~ .I,s no_t snlisfapJory;,.GllTY sJ1all. hiwe lh!i right to: (I) meet •Wlth CONTRACrOR to.review CONTH.ACT-OR's work ,anB resolve m11ltet's of conccl'li; atidi'or,(H) require OONTRACTO.R to'ropeal unsatlsfaotory work t!t no addil'Jomil chE1r'ge until It. fa satisfactor,y.
1,8 .. Coqtcaotot~
CONTRACTOR represents ttnd warronls-thal it h~s not p1·oylil\i4 o~ promisop to p1:ovlde any gift ot other:oop.siderationi.dlr.octly or lndkeotly, lo an,y.officer, employee, or agent of CITY to obtain CITY'ii approv'iif of this Agreement. C01i/1r~~TOR shall not, at nn}! time, have any f:l1tanoi11l i ttteres,f Jn thl!i f\grcem(}nt or th~,projeot th11t I~ the subject of thls Agr~einen~ oihe1· t~nh th~ :<io»ipcnsation fo bo pal~ to CONfMb-T.OR p·urauruit to Article 3, Compehsqtion. in the eYont the.work l\ltd/c,r serylces to bo p,erfonne~ hereundet· relate IP I\ prpj~ct nnd/or 11,~pl19.a,t,lon·under. consideration by Or, Qn m~with the Glty, (I) CONTRACTOR shall nQt possess.or mfllntaln any business relatlMshlp wlth the applioant or.any othe1· per~91) ot· entity. whioh CONTRACTOR knows to hnw) n pe1•son11l stake II\ said .projece.tmd/or-appl19~!1911i (H) other than peitormi:ig:its Wor-k and/or setvl9es to CITY In accordance with this Agre1<me111 CONTRI\GTO~ s~Ejll riot Mv.oc~te either.for or 11galnst s1\!d proJeot Md/Ot ~Q!:Jli()ation, and (iii) CONTMOTQ!~ $~all.immediately 111>tlfy CITY iq the everit (R:lNTRACTOR aeterm'ines lha.t OON'I:RA.C.TQ~ has o; ,acquires any suoh bµslnos~ rel~tloMhlv, wlth the npplicatit or othe.r pcr~on or cn.tlty whl~h hn~ ll'po't-sonal stqke 111· sald½proJ.,:ct tllld,or arplicatlon, Tl\e pfci~is!otts ln fhis ~ec.i'tl{m 1,8 shoil be npp!lo,ablo to &II orCONTRACTOR's officers, direotdrs1 erupioy'ees, nnd agents, llh.d sh~ll surviv~ the tormithilion of this ~greemcllt, U~h!Jng~Addltions .tq,,SQope o f'Servloos.

CITY nioy tt111ke chnt,1ges within tqe genoral scope of ser.vlces provided for In this Agreement .. CONTRACTOR: shl'\ll•agroe to 1mr 1moh otanges that'a1·~ reasonable.

CON'flU\ClfOR shall tha~e no chanse In 9r addition to·the oh~racte1· or extent of tho work required by.this Ag1·ee1nent ~xcept as 1,1111y be nuthQrized In pdvanoe in wrttipg by ClTY,, Suol1 sup,~lernental fluthor.lzatlon shall ~et forth-the speol.fiic oh.Mges or work to be pet<fo~ecl ~d rcl~te4 o~leqslon of time attd/or adjustment of fee to be paid to CONTRACTOR by CJTY,
l.\O HlrI,wrntllJes,11! AJl@set<iJilblteg
CONTRACTOR-shall not lure or employ any pel'llon to perform work ·within the Ofty of • Sall Cletnonte or allow any porson to perform work required under t~ls Agrcemeut'unJe~/l suQn pe,rsQn i11 a United States cltizen or is•properly documented and leg{l.lly tin titled to ·be empl_oyed witbln the United Stales:
l:\,yls«ilit~•n'.,lso~,1\conl111:1~\l:!Jlfllll,1'11m<m(¼i1n • t,lltlY~ll •U'llffill tcmoVIII Ol,Ol,l8•~;30,,~10 M11i2 opdon.:il l•ymcxtrn,Jll!\1,d.x~ 8-18-20 / 6S-7
6-1-21 / 6H-14
7-19-22 / 4X-28
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1.11 ,Endorsement on PS8iE/Qfuer D~ta I
CbN';m.~~TOR ~~ill s;gn qll pl~tts, speolt1oatlons, esillliates".(PS&E) '!\nd engineering data fuml~ned by CONTRAC'I'OR, 1111d where npproptlate wl(Uhdicafe .

CONTRA.b.TOR:'s·autlio'rlzod signature fl~d ptofesslonnl reg!stfatloll tiumber. • A~TICLE2 . •
• E,ESPO'Ns1n1Lrr.ms..QF CITY
Z..LProyl9ion ofinf9rroatlo1J,· •
CITY shall provide Tull ln1orr.n~(ion r~gardlng It$ requirement~ fot the:~rQJect, and it shall • ftirnlsll> wltf19ut l,}Oarg~ to' eoNTRACT0R, 11ny and all· ipfon'Q.atio,01. clata, plans1 maps (Ind reoords whjch are available t6. ClTY and are .necess!ll1,Y for t!ie pi·ovlsl.on ·by • CONTRACTOR' of-lhe,tns~s··and.s01".lces !let forth'·hereiu, • · 6J2 Coapwit!on With QOJfI'RM;TQR, .

Cl'IY-shall cooperate whit CONTRACTO.ll in carrying out. the work an;l sQrvlces req\llred liereunder-wlthout'uridue clelay, In. this regard, c1r;ir,; incJudlng,ei11y repreae)lt~tlve thereoft ~h~ll exaniine.plims and ~oournetifs Mimitted by ooNTnAcTQRi-shull covsult,wlil\ CONTRAC'fOR reB_ardlqg rmy.snch plans and doouments, and shp.11 r~nd.er any·ne.cessa.w deolsions petfulnfn~f t~ s11oli plan$ ~nd documents as prdhtpt!y a/1:ls praotioj1ble.

ARTICLE a
~A):'.'.MEt-}1;:·.

J.1 P@yment SRh,edule: Ma,slmum Paj,mont Amount
Prior to the tenth of the month, CONTRACTOR shall s4bmlt. to. QITY a. monthly status • report and involcea ite;nlzh\.g;the·s~r-vlces.rendeted duvlng- lho l?fevlous nj.onth, Wlthln tlf.teon (J'S) working days llfter tecclpt of att foyole,;1 from' CONTRACTOR:, CITY shall determine ·whether and ,to ,y~ai ~te11t CP1'1TJ~ACrOR.futs adeq\latetf perfortilod tho ser-vloes for which paY,rneiit7l~•s1u~t. If orr:v ~~J~ .. ttnln.os ~a.t,C,'QNTE,AOTP~.h~s not 11dequately performed 11uch services, CJT;y shall-£nform CONTAAC'I'(:)R of those act;i, ~hloh are neqessary for s,qt,isf11Ctory completion, SubjeottQ·the proVi$!on~ ofSeollon,5.2. ~low, whloh provicle -for the City to wlthl\old payme11l'ln tho evont OQNTR:AC'r0R's lnsutrutca e"J<plrQS dttr!11g·thit~o1~n of this ft:greement, CITY shilll oaus,e payme.l').t to be • l)'laae.,to. CC:WT,fu\\OJ.QR withlll flfteen{lS) "".ofld~g:days ft'olll O!TY's d4til'f_t)hrntl~n !hat C~Nl'R;A.C'l'OR has-adequalety perfcirmed those ·seMces for which ClT:v'has been lnvo.l9ed. fh,no Cl!~e sh~ll crry·p~y ln,txcess.of oaoh line item.set forth ln.Jlxhibit 11A:1' ,forany-partfoulartask uttl~s appr~wed .an~ authorlie~ ~Y the Q,(TY•lrrmlttng (applicable .only•if l;lJhiQlt 111,!'. b'rea~s.down the Scope Qf Ser.vices on .a line, item bijsls), TJie total . compbnsnt!<m for Ilic S¢oj)e of Servioes set fortli in hlbl 11 11 shall n.ot.excepd TWQ• .Hu_ndrl)d TnltW•Eigl'lt Thoust1hd Dollars ($238J000,06) w lch Ino{\ldes $151000 {2,S0~.00 I
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6-1-21 /6H-15
7-19-22 / 4X-29
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pet•inbnil)) f.o.r ~-~mittlstrl'lf)ve',i's·otwlce,s, an e.stlmate<1!Ss"q·s6D.0.0 for, gN1ffi.tl:1•emov11l ont~\~li1>:pr.<>~.e11y .ln,oly<:j~9_gil.l,O~~tl\lt1i~acll ttaUs, ~U ~h e~tt~te'd' $I;%t9.0, OOJot graffiti re.mriY!\I <?~ ~PCl!?l~·<> pr1X@te1p,rop.e:tY.-lPQatjons'with!~ t~e eltr,,,($~18,~.O0iOO),. lilcludln.g Hll ,11moµ1)ts:p~y.ij~l o:to ,C~N'fs:l'\,C'fO:R fod1'ir o,ve,rqe1]a, P.'?ttp}l,, P,n1ti ti•aftd all oo$ts of ~vhatever•Jl~ture~.moludlqg1v.!iJbc,q~<timl~tiQn all CO$,t!{ r<:11'.i,SIJQ.O.,Q.\ltfllC(fl.1,matorlals, equlpt'n'1mf, atiP,plle~:;and·coat:Hndslng from or dlle•t,o,te~l'n~tj9p of.tbis1A.greement (t,he 1 •
1 '.fotttl Compb1'isatfof1"). •
~__Qbwg~, ln,Yt ork.
rf OONT'RAOTQR e,sJJrp.gi Wt\1.at,.iu1y proposed ohiiqgo·wJthlo..lneigflnyqll;scop() of l\ervices set· forth ·in~ , • 't '
1 ' t o,!,l.so~-an. lncrea.qe.,pr 'd~9.reJ1~~··1ll;1jj~'cio~t· and/or thei \lme ~ulred for r.e1/fb11roartu~ of.this A'gi'e~ti1ent~ CONT.RA:CT.OR~shgU~o.•nQtify·Q1TY of th'~t·fact in' 11Uv11n¢C1Qfltomnfetlclt1$,nerformance of sU:oh wof~ ·¥~ s'\}o}t•ChP.Qgo, and' t~e c.9,st for s1.10h,,cha,nieJ shall b't; ~areed upon by Ctfi; an·~ :9.tit-m11Y.',C:I~0l\, 'lllld red11c.e9 t.9 fl •writing t1m~;w.1.c91~Jgn·e<1. byfoth·CttY 1111.i ~~~TRA!l!:TOR;, shall modtfy thls i'\grqmnei11t,aooo(g)ng\y•,. lt;iic\pf.eriyiinlng tlie a111.ou1;1t p'f:a.nyr'9:0~N.JlOt'Ptl~e for such • . • olial'!go, the value of ~he:il)com,ple{((·P,qrtipns of the orlglt,'!a! iMks l)Qd ~qrvloes ·affbcted ·by • th.'e change shall &-e.cfe'dlted'Back,t'd CITY, • ,
~ .ilimal \\'Rt&.

CITY imty r~qu~st C0l'l1'f~~~r.ow to, peri,'orin ijddlt/Oi)!µ 6e.f/lfC.E.'llillc.>t•·()OVered by the Sp(lcl.flo SCl'JP9. (l],Sqt'Ylces ~~~fQ~•in ·Exhtbit 11A11, ~ti~· GOf.:l~{¾C):OR.,sjlal\ perform . st1oh ll~tra-sllMoell ah4 M!!.B'e1pa1~~fl)n$u\'Jh extra,s9vVl~~~.' nen ~~ ~~Vil services nnd the c'ost thei·~f ~1·e te{iuCttl tts \vi'lilng, sighed by botl\,CtT.'¼ iurd coNxRAcTORi um1 . m!l4e a part of tlii~ 4i_gre~1MM 0.i'P:Y shall n<it be llabl'o.~of'.Pii1m'elit,of any extra service$ uor.sh~ll C~~Tit/,\€~Pivbe,obllgated to perfomt,~~y QXITTI ~e'rvlCtlij except upon aµch;writ(ep ~.wer~rnel\h 'tq·the mctent that the,eX~,t;,i}'.~~r.yjb,cij renq~r ~a or a, ~ort1on Qftq~ oflglqal,t!l*S·~4t§e~Ioe11 imnepe$S!l.l'Y.1:!!Je•vill1Je19·f'~e un11~~~ssat<y a!'kd \noomplete p'ortiori!J 6f o?lslnar;ta'sks iind aervlces shall' 6e cl'cd\t&i,'baof< to ClTY ..

AllTlCLE4
~BND'f;{N'.£~
CQ~1'MC'.r'.QR Is· afl l'rtdep.:en,uent contt·aotor and not nn e'tfl}'ldfee1of. the diTY., Nef thel' 't,he,Qt1tY. ,Mr ~OY o'f 11,$,ClllP,(O;yQ~a li(l~.11 hav~ fillY ~ontrpl O\;'~C toe G9'1cl\!Pf•bftha coN'm,Q'.J(Qlt pr-imy,oj ~Qt,JTRAO.~OR's emplqyee.~, ~xo,ept (lsJwrolh l'!etforth, IIJld CON1\'RAC!TOWef!JWe.isly•\'vJfulnts;not tp1 11t any tim~ or hY,an}'imwier) to~t'eseht~ttat eb1fl'RACTb~1 or-'ah~ of·'Cc5Ni'RACtbR.ls nge·n1s1 servants,or-etn·nto.yees, n(e il1, ~ny m~nnof ageutsj,serVan,ts:or. e,mplqyee$,Of th.; Cl't.Y, tt,beJn&tdi~Ortotly J.1/\der.stoo1t%n.t C0NTRACT-0Rls,!lnil ~b.l:lll·~t111.ll tlnies r~1naio as·to tli,e CI:ny tVl?{~otly iJldepen~ei;it cont'.rao.tor and !hat QQN'I1R:\\CTOR's tlbllgatlons to the GITY ~re solely such as areprescribed by this Agreement. • . '
1,\~)\11011to':.t1lnlll(l'lll~s\lou1~11f'l>'\',4ll'J1I tlll]QV"'1i/A \0,11,w~ •8/A!lill ron:wnl'Ol:()), I 8 • 6~"1~;i~111Y.1Jq'2'op)l9,n_;1 J •YI!!' ~'«Gn~_l•M.il,P9~ . B-18-20 / 6S-9
6-1-21 /6H-16
7-19-22 I 4X-30
/
I
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·Q'.J ,_,jodcronlllootiQlj,
li'OlA,OWJNO P.AUA&MP.H Arr.LrcABLE '1'0 AOREJCNmrm;s \VHERE ~0N'I!t\AOT.Oit,JS)f.. "l.il0m~$lll:0 i>lDSlGN 'PR0F-ESSUJNAU'·' ANO IS · · PROV10lJ'W PESJf:I'{ P)t,pp~~smNAt SltH.VlCE~:'
To the. fulle~l exte1~t ped1)ltt~· 6~.i~\'v;(lncludlng, wltnqvt,l~.it~tl9~1 C11Jiforr1ln Civil Coti,e Soctlo11S 27~~ nnd'2:7_~!.~JJ-CJONTRACTOR shal~ Mf~p.d-(wlt~ ·legal counael reasonitltlY 11cccph1ole to the G)1T:t), lndernrrlfyi and ho!~ free afid harlnless C:tTY and· err.Y's nge11ta, of.fi~1~,.1\na1e.111Blo.yees, ll!ld thes'ah Cfeiltenti::"I~edbvelopment Agency M4 its flSents, offi.ce1•s1 !1lld-~i;npJqrees (colle~tlvelr, the 1•1h'defunite&s'1)•ftofn and against• any an9 al I cluhns, \o~~; ~S.~:li~n~ge, lrifary (lnclud lng, whlm}\ )fo1IMl<m, lt\lur,y to ot death of CONTRACr<?R or,~ni off!cer~j agents, emnloye'l~l 'l'9,pr..e~.lll\tatives, Ol' subcontractol'S of'C'Ol\l'OMC.T<DR. (colleotively, the ucoN't.~Oll'QRENtlTIES'1J), expe11se.and:lh1bllltY of'QV.e~t·~in_a~, na.tur¢ 1md des.o:it>tlo"n,~tfpi~Jfn~\ Vflili0u1 ,lhnltatlon1 Incidental and con,sequen,U.nl ,t\lun~ses, coutc co$lir, 11it<>111«W !l,tees, l1tif!'ati'Pn expenses and fo~ ofexpertiCanlr11_otqrs.or,!l~P.erJ: witnesses lnourred·ip. o:on~wcli'cm tlie·rewlth and collt11 0Nr1ve,stig~t!on) thdt·m.il~~•9u,f gf;.peJinih to, or rplate to1 dlroQ°t11 gr1)n~~otly, ·tn·wholc or _ ln p!!rt, the negl•ige'11cef re*l~1i~11eM11~ ov willful ntl~Qondpot qMlON'P,tAPTdR, 8J.1.Y of the CONTRAGTOR EN.TI'f.l!ZS1,a.nyol.w directly odnU1reotlf6n\,l'lli>yed br MY of them; or anyone thi1t ther comrdl ~pbllectivelY,, the '
1 Llabilltlesn)~ Sot~ obHgMl6t\ to defootl,
hold h~rmfoss llll4 ind,1.11nn\f,rlll))l'l11~mnnitee shall Jlot apply'rq:fflo extent that .such ctabiliHes nre ct\useq In p~rt 9)' the so\~ 11egligence, l\◊t!v.e negligence1 ot wi\lful mlscond uot of s;~ioh 1 ndeinniti::1;11
FOLliO'Wl'N@ PAll<\.GR/\.'IJH AP.-PlJCABLE TO AGMEMJ.BNXS \Y..RIJJlllC • CQNl'RACTOR tf{ Not J\ ,.r.t,lCENSE)) lJESIGN; P.Rj'.WIDssmN AV'1 CONl'RAOTOR. s}lalJ dof~n.\.L(w'itll legat counsi;i ~~ai;g1,w.Bly~~c~pteyb1e 'to tt1e Cfl'Y), lndetnnlfy> 11;1d' hold :,frw ~nd ha11mless ~ITY and GtlT'\',1s -aget1W1.!J.filcera, nnd employees, l\llO 1·he San Cl'e'int>tlfo Re:<lc'.'el('J'pn\ctlt Agehcy and its agel::l~~,;oilloors, 't\nd,employees 'ftprt1 P.lld ag~in~t any 111\d all c)!1lt1.1$; lo$s1 cost, dlth;l.ago, l~j(W (itfcl~~Ini, wllho.u! \imlt\lt!on, 11\)urr tg or d1i11th·of1'1,n 91ll.ployee of OQ'NTRAC10~ q,r G'l0~'tRAGTQR1~ of.fleets~ .ngiut~, e~IQf6e11, f~i?k'e~entatlves, or silbconlr~?t~rs [f.olle<:tiv-ely,, the• ' 1 CON1 R:4\0'll'>R!:~l'JTJ'TtBS''.l), ,expel;lse nn<l liRb:llity of t'vety ,kind, nature-,and de~otiptJan ((nc).t1Wll~ witb.f:>U.t H11,1itation1 inoidettt-1\I and· cop~cqueutlul d.a~n~~~;s,_ 90.ut't costs, attorn~y's,fe~~; .. JUigatlotrcxpens~ 1:1rtr;l fee, ofe>;perl Ootl't1;1cto,rs 011 exp,ert wHness~s•inourred •in,cohnc:6tlon therewith and oosta pf lnvest!gat1on) tha\ arlse,oU.l o(\> pcJTtair) to, 01· r\,late «\ mrebtl;y ·ov .mdirecUyi 'in whole or,lt1·p~1 th1;1J.~ctions 011 falltfre ro act ofG0N:TAA~t.G>R, a~y o'fthe CONTRACTOR EN'tJT11s~. ,a11xone tllrectty OT lnd!reclly·employed 4y any·o~ them, or anyone that tliey control) un,der th!~ Agreori}ent. 8-1 El-20 I 6S-10
6-1-21 / 6H-17
7-19-22 / 4X-31
. (
·~or PWW'.1.t¢~ pf1thl~:-Agret~1~1.11·; P.t 11Lilcense.d'Des.\gij R'tgfeiisib:J;tdt 11§hal1 •p.o limlrcd to Jipen~~q !t~hU9c~i r~g!s~er~g,prof$:islon~l yflgl'riee.i~).Jl!;.~.Wed p,ro(~Jp11aJ Jarid . .si11·VilY..Ol's~11nq,i~11<lsca~ ar~lut~ct~r!lll as d9'.fi'ped ttnder·.ow,ent la.1v, atiU ~wm@y be· am~iided 'from-'tlnie to .tune· ~Y Citlifotdla Clvl!,Codel§ 2782,8. ~,2..J:twnm~
Ptforto the Clty'Q e,x:eo1.1l(o1]'~flhls,Agi;eell)ont1 and l,lS'.a.'(1o!)g,li(p.!),to th~ effeot.iveness he,r~of1 CONJRACTl/>R ¢}J~IJ §1.l~l'Jllt certlfioates a,ttd_ end.9.rs.e.r1w.11ts to OJTY indlcatltlg complianCQ with th~_fofiowl~~ mlnlmuin insul'llnoe requirem~I!:!s1;~no. eoN'f.RACTOR shall' maintain .s'd~b,Jrigtifahoo,in:e.fiect dur-lng th'e entire totm ;,mtli'is ){gteemr;,nt:

A. Worl<et{I; ,C.Qmpe,niotici.n '!nsur(tnoe to co:ve.r C,tl'N11,l¼tJ;f{:jR1 s employeea
as re9u1req'q¥ll~-~ Ghllforflfo Labor Qou9 ,,{l;t&joro.P.iR>'~F'~ Ji,a.billt, )fruits noi lpss !hiiq Q}te,,MiJllon Doll11rs ($l,O0Q;OQQ)'P,ef~ap9,ppJ1Q or,dlseasc. • Before 6xecutltiniof this Agi·eemeht by 'CITY;;, CONmACTOR shall l!ile with ctr.Y tfie1a(ta(lb<".d aignec! Worker's Com~e'hsntfon.rnsutancc , ¢etll~catlolt tbNTRACTOR thf.ill reqµlre,ati suhtrolifl•a~fota similarly to provi~~ i;po)l~~.9mpen~atlon lnsuranoe for the 1·e,~p,ectiv.e etnployoos. ?jo1w. of,'th.\11,QJ'fY..,.fb~ S'an <i:!Iementa R~dctv.tllOP.ll!,ent kgoncy.1' or any of· . their- rtispe4tl~e,oirfoeni, e1rtploy~es, at1~ f!g'ent~:.r~i!J ,b~ ~eeyp~nslble for any claims ln la\v•oit•e~µtry· ocoaskmed br fiulurer6'f CJON11R1\.CTOR to . ,coinpiy-,vil~ t~l~ paragraph. •

13. Comm~r.otal' ~eq~ral l,,i~bility, person~l Iruw:Y trid p,mitertY, damage llabill.t>;1 c,;o/;l~r~ct4al '.liab!lity, lndepebde~t-contr/l.'ctor's. liabllll;Y, nnd €1uton1~~fJ:e ~ia_b1/ity'i1)~~fari~e1 with mt1ih\Mlil/cim1Jlli~~,llabll!ty· l lmlta of One MHhop,:~tsllfu's, '($1,0.06,oor) pci"10C,o~ei1¢~ifot,al( 'C(,IV'etetl l,o$ses, . and rwo·M'.1Jh9n Potlars.($2·,aO~liQOQ) In U\e1aggi;~~~te. A,hy ~qctuotlble 01· .self-lnswe~i'l'~¼ention.J11· O){cfSS ofFlve Th9'!j4a.,n.a: I;iol1~11,. (~51000),shall be deola,(~4 t9-tb9f€,lty qnd reql1lte~ th~ J)rlo11·1\»P.r0va\' r;if the Cltf11.Risk' Manager•, Eailh such. p'oll'cy oflnsurance'.stin!h· • • . • (I) 'be:'tssue(f ~ cql}1pMJes,t~at }lol~:t1·ot1rr~ttt P.Q\t'o~ lwl~~l''s 11lp}lqllellp and financial sfae,Qafogocy. Fatl~g· ~f;hotloss lhah A-VIi, .a¢coral11g to 1ne current Best's ~ey'R~tlni,•GfaHle:ov. a corn_pany1·of

1.~q\iaJ' fmtu1ci~I stdbllity tp,at l~ ~ppr,ov~d b~ ()ITY'·s. Rl'ak Mm).llger .f~r'~JI' cov{lrages e~oept au,rety.
,ii'zu1'e•11lid llat-lls addltlonal ins\1l'eds·OlT)'\L ~(1:Y's offi~ers, • etiipfoyl;!~111 and agents 1.md, lt'the Cti:Y',s Ris,1'<; Mtin.ager so • • reQ.uire~,Jho City qf San Cleine~te. R~<teveJopment Agen.oy and \ts 9ffl~.9rg, r,mployees1 and a8entsc ~n e.r:ic;lor~i::1rient sfiall accompany tlwtnsurance ceitlfloate naml'ng·,such:a4dittbMI Insureds. -i1-l/\m""''•1=gz:~oqo.,,..1-------"""'· --~-8-------~----- --·-- ilbu alatliWt? li\oy\,,(;u,4lt;,;lpuorv!~J\,1~lll~b\p/n'd,r•mov1npi1.'•.e'.s\own11 • jll'il/iit! r,lnnl'<ll Ol,DJ, 13 • ~.io,l~:!f w/t~·l Cplf91nl l•7Q)l'0,1l•r.s!on1.do1~ '8-18-20 /6S-11
6-1-21 /6H-18
7-19-22 I 4X-32
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(4)
(S)
specify il,a~ts;~s pr.hnilry •!11s1.11:~ilgo M.4 t!11J.t;p.9lj,l1sw·(lnc~held or o\1/~?'d l:>y. C('l'Y (oi:i lfilpp1icablq;itl!~iS~n1©fo1Jw.nJe . Re.clev1loP,lileilf A.ge1icy) ~hall be calleo' µ,p.911 to cover:a loss under skit! policy;
contain u 0Ja1J$e SJtpsta~tlaJiy in tn11:f61l,◊wm~·wortlll: ' 111 ls hereby. .u~1~~wJ09tj.uncj agreed that this:nqlicy{p1a.y it9Jl>e canceled or ma~c'ria1Iy, ~~se<l except upqn t]:ilrlyi,(l0)'4~i,s prior written .notfoe tc5 dITY of suoh onnoellatlon,()t mater-la[· qhange as ev'Wetlclid~by a rtiufn rooelpt for:11.t'e~stWe\1' fetterf' OQY{)r the. op,aratl ons of CONTRA 0io~ V imµi;int to .the·tertus o'f \~Is i\greeJ}1enti and '
(6) . ·be wr.itte'l'l on:an oocuriea~e and hot a•blaifu.s}m~deibasls, Profosslona! Lia\>lllty, or Errors and 01nlssid1ts ins'Ul'~noc s}.)eclfloally desigtt(Jd t-i pi;.o'f~et ~g~lnsl nets, err9r11:or 9,nits~,i9n~:of'the . CON:fl¼.C:l'OR-~,11d "covered profe$~l~fllj.l •sq~vlq~$"!1:)s designated In th6 pdllcy muaf;specffl'c~lly fo.clude work-perfof.in~~11.1{1der this A~reetnept.

Tl\~ poll~y llmlt:shall bo'not leijs thali.(')l'Jo Ml1iibfl'.})ollai•a ($11900,000) petclejm;~no r<D~~1Ml)1,lot,_Dolllita ($1,0P:0,.0:0ijj,;n' the a'g~r::gate, The policy Qll\~H'·1p.ar. on beJ.uilt of>' the itisi.1red',iw1',mµstJntlude a provision eimtblish'lng ili,9.i'n!I.Uter't1 duty to defend,, ' : . rfthls boK l~ chec~td {(tl.d CITY lias ii'litl11.!bcl.belowi ,tne•rt·qi1iternent fo,11 f>rofoll~l!:lll~i 1!al511Hy <If Eh'ots aJ'lcl l'.)h'1iSS1i'oris 'i11!11.11'11t1Ce set forth in • paragraph G ab.ove l~ hcNbV waived.

CITY'$.ll'liti!l1S: ..___.... '
. Notwithstandlus, ?IIY,thh'ig herei'h't<rthe contniry1 ln the cv~ht ajiy, o'f'CONTRACTOR's insutance,as r~qU!l'Cd purs:it~lJ.l;to thls ~eotlon S.2 ·exp1.r~~i'NMll~,tl\'6,l~tifi; of this , Agre~~enti C1t;y lihall wi_tbhoHl 1 a,ny,payJJ1ent du~tq CQNTF,.l.-!CTQR,,'1~r,eui;i~e1• unt1! • suoli,tilh'e us 00N1'RAC'l'0ltobfidhs,r~p!aoeine11Nhaura11qefuat 1neets,'a!I ofthea-ppliol&.!ij r~tn1fr~1ho,11t,s• hereundo11 and 1iulm1Hs certffkate's:lfnd e'ntl'11rsep10nts. evidenclng such lnaut'ance-to ClTY, •
• CON'fRAOf◊R'. shail te'qulNH1\i.of its· subcontractors to)procilre•at1d,mabtai'n d\'lting the cOU\'~C of th~if stib!lonti'iJCl work with CQNTRAC'fOR fns\ltM6e th11t compl!(28 wltl\ the foregolttg minltnUIJl lnsuranoe t9quitements, CONTRAC'I:OR s.hn\l ·o'pµiin·fmm such suboontrnctors and wtaln.iln Its flles-dertlfioates evidencing auoh c~mp1lqqce. . ' -=s82i=0u=2:1=6r,r.002"".I----,..;.----,--"'."'. -9----,.------"· --~---- 11Jl3l:o'rn~,M,7 " ~ t;\1f.'1•~ro\i111lnt1{mCFllto~;r>~•\•!1),f.l[l$~(~1Jflpl6 ••~;~Will!• 8f11i'~I Nm!Wll 01101.18 • 00:l~,3?,:!0\vlil~1'~1lq~ill l•~m l~unJ!o.-u,dqu~ 8-18-20 / 68-12
6-1-21 /6H-19
7-19-22 I 4X-33
', .,
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. . . . -... -. - - .. .. --· - -- --- - ---- -- - ---- - --·--- A[UCGE6
IJ.L!UyltlliJ'.!Qli
This Agr~emcnt m4y be t~lll}it1t1ted by, CI'T'Y (or•any te~!ioQ, w!thoMyithout cause, upon written notfoe to OONT~A'C:J'0Ri In such eve1t11 C0NTRACTOR. shaH be cotnl)ensated for all services perfmmed and costs lncurl'ed up to the date of notlfioptfor1 for whiQh • CONTRACTOR h11s not.been provl911sly _pompe11s11ted, plu,s tl)~i;nlhatiop expenses tm1$0Mbly inc,urred aild pl'dJie~Jy accouhte~ for (but !n·,no evcrit'to exceed the amount wltloh, i,yhep cotnblncd with other amounts paid> el<oeed$ tho amqn~t for any Ul)completed tas~ set;fortb In &-.b.i.b~ as npplioable}, tJpon rco!ll~t of notice of tcnnln~tion from. CI'J;Y., poJ:~JJlAO~OR shall f111med!11tety dtofl:lts1se1-vloes, urtless otherwlse directed, !lrtd. deli Yer Jo C!TY all data, drawings. repor.tij, estimates, surnttmries and such othi;r irtfor.runtlon· anq· lt)/.\tti1'1iil.g ag may b~vc been agc(lmulated by • CONTRACTOR tit the•pcrfotmnnce ofthl~ Agrccm<1ne1 whether GOl!Jpleted or ln proeess.

Ll OwnersbiP ofDocumehta,
blill.QLlil b:'.U.i$.QBLLAt{EQlllt·
All reports, software pi'og1'am~i. as weH as 6rl~ln.al data collected, odglnal reproducible drawing~, plans, sttjdl~s, nwmorancla, eomputntlon sheers and othet docu)mmls assembled or prepared by CONT.RA OT.OJ~ or f4rnished t◊ CONTRAOTOR..ln coru1ect!on WI.th-this Agreement' shall be tlle, properly of CffY nnd dellwmxf to CITY lit cornpletiol! of the ' pto,lect or termln11tlon.of this Agreemetrt, whlohevet ocours. first: 0op1es of said documents may be.tetidned b;Y, ,PONTRACTOR. but Qhall llofbe •made avt1-llable by CON'l'RAC'F.QR. to any indivitlual or org1mlz!ltlon wltlip\1t'fhe·ptl6r wtltten app1·oval of CITY, ·,
Any us\l of cotnpieted doouln~nt~ for•p1·ojeols other tha,i that,OOV\lre4'by t)ils Agreeine~t and/or-any ),l$e of uucomjjl'eted doounients without 11pt1olfic Wl'.itteq a~1lhotlzatlon from . CONTRACTOR wHI be at ·CITY'a solo rlsk anU without llabllit);"or fegal exposure to CONT~CTOR.
7,2, ,i:JotiQ~l!,,
Atty notio9s to be gtven ut1,dor-thls Agreement shall be given by enctoslng· the same In a sQ1\lcd envelope, po~tage prwmld> and deposlth1g the some In tho United Sta\es malt, • 11d~res·sed .to C0NTRACT.tiR.at B, Stewart an~ A~so2lates. l[Ul,. ,1.900 Cal!e ~ Son Clemenie. CA 22673 ~ a,-id to the City of Sf!\\ Clemente, t'oo Awn1daPteiid!o, San Clemente, Cnlif9rnii1 92672, Attentlon:__MID_~
. 7.l coxw~u~.AgalJ!St Q-Ontlug~nt Fee,t
CONTRACTOR warrants that.It has not employed or retained any company or person to soilclt or ~e-01.1re 1h!s Agreeroerlt and that it has nof pa~d br agre«l"to pay t111y company or l!loy\£~\in11!i1servtiu~or.if'1ili~fllfl ~mov'4llp1~ • l,ll~\\'ll/1 • 1i'~£fl1l i'tlilO'llll 01.~1.u .~6.3Mll20 1d1h )op1[~nil l,yoir ~oi:ifoJ1>.d0>X 8-18-20 / 6S-13
6-1 -21 / 6H-20 •
7-19-22 / 4X-34
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per~on 1:my fe,e,ot commi~~ion from'the award ~rmakl.t)g of.thls;A,gr~ornent, For breaci1 or,ylolaLion.Q.et~I~ war11nnty., Cl'rY. s~~II h~vo'lne 112ht'fo annul tlil~ AgreemeJJ.J without l!abil,l!y or, ii:i lts·disort:1tjot11 to ded~ic~ from.tho'.Agreetnc:lht pf.lee or. consideration, or otherwise recowr, the ful} amount of .such foe or ooinmisslon.

7.4 I,lqu.ldfted Da111ag_e!L
APPLICABLlt ONJN 111'· 'l'nrs nox llAs· n:m;JI)N mtli:ctr<ED AND BOTH · PAiR1'1ES llAVE INITIALED BELOW, I •
If CJTY ae~ks monetary d11rnagea fo1• CONTRACTOR'~ fall.11re }o complete qlJ of lhe (lervlces reqtJh'ed her~rmde_r b~. th~ oompfotlon 4at~. ~eJ fQl~lr I!) Ml~ (the 11 Completion Da101t), C0NTRACTOR shall borequlredto,pay'to OJ:I'Y ___ Dollars ($__) pei day f0l''e1;1oh day beyond the Completion Date tMt arly of such $e1-victis l'Cll}!lln \trlCOl)'lpletec(; p_toyided1 ,oo:wev~r,-tha~ nothing '.hereil) ah'all be deemed IC limit ClTY1s re111edr ror· C0N'.I'R/I.Cif'O.Ri111 foll~1~e to QOl'rlplet~•tlll:pervi~es l'eqoired hereunder by. the Completlon Oai-e·'to1seekJng·tp.<;metary da111age~•arict crrY ~hall be entitled to pUl'Sll!;} any other equ[tnble remei.iy permltl'ed by law, Including) without limitation, specific performance, '
• 't'HE J>AR'TtES.HtlRBTO A OREB THA'f THE AMOlMT SET FORTH IN THIS sacroN 'lA cr1-1s 11 r,>AMAG& AMOUNT11) coNsrrtu't'Es· A REASONABLE A-PPB.OX.IM~,J'lON 0~ TiiB ACTIJAL OAMAOF;iS' t.~A't CJtY. WOULD SUPFJ3R DUE TO CONTRACTOR'S F~'Tl'.,URB TO COMPLE,TE AL~ Of'· THE, SERVICES REQUIRED Jll:BREUNDER B~ TflB COMPLETJON Q~'fE1 COl'ISIDBRINO AL\.; OF T.f-tE ClRCOMSTANCJl.S' .BXfSXINO ON THE BFFBCTI\ffi DArE OF THIS AQRBBMEN!f, rNCLt):I,).IN0 Tiffi' RE~A TIONSHIP' OF r.HB D~MAOE AMOUNTS :ro THE RANGE or. HtRM TQ CITY, THAT R:liA'SdNABL y COULD Bll ANTICIPATED AND TBE} ANT-IG:!IPA'I'ION THA'f PRPOl7 Of Ad'fl)'t\L DAMAGES W0Ut,1)'(3E costL:Y' OR.INCONVENIENT. THE DAMAO~-AMOUNT SET FORTH IN nus SECTlON :7.:4 $!-JAtL BE nm SOLE D1,W0AGES- REMSOY FOR CONTRACTOR.'$ F'AJL(JR:E '1'0 COMPLETE ALL OF T~JB SERVlCES REQUIRED HHR!tVNDER BY TH.13 COMP.LITT'ION DA~ aur NO:I'H.~O {N THIS SSC'l'ION J,4 SI-tALL BB INTBRR~TED TO J,iJMlT CITY'S· ~¥l3DY-FQ'Jt COt-;TR.ACTOR'S • rAI~UR:E to CbMPlBTE' AL[. OP THB SBRVICBS!REQUIR.ED HEREUNDER BY T(-IT; COMP-U'ff!ON Di'i'l3 TO SUCH A DAMAOBS R,EME'DY. IN PLACINd ITS rmTIALS AT THE P,LAC8S l'RQV(DEO HBIIBINBELO,W, BAO}J PAR'rY SPECtFICALL:Y CONFHUvfS TIIB ACCURACY OF T.£-lE. ST:«\T.BMBNTS MAt>E ' . ABOVE ANP ·TH.E FACT 'i'HAT EACH PARTY HAS SEBN REPl10SB'NTED BY COWSBL OR HAS HAD THE pPPOR'fUNITY' TO · BE !U3PRBSENTE1) BY cou,NSELTQ EX.PLAIN 'fH~ CONSBQUENCES OF'THp qQ}JJJ.).ATED DAMAO~S PROVISION AT OR PIUOR TQ nm TIM.Er~ACH E~BOU'l'EO 'PHlS /I.ORBEMEN1~ CON'PRACTOR1S tNlTIALS:
elliolli'a-Oobl
1lll8l.OI tUM/ll
_ _ __ CITY'S tNITTALS: ~ - --
-11-
8-18-20 / 6S-14
6-1-21 / BH-21
7-19-22 / 4X-35
. Notwithstan?lngi cmy of tho above1 n9thing herein lg Intended to· preclude tho err.Y's reco;v,~ry of Its' attorney's fees nnd ooim lqourrcd to e:ff6roe•fhls Section 7.4 as provld~U In ·s~otion 7,1 0 billow, • '
1J. Jntewr~tatl9n,JU19 ~!1(o~m£ll.Lol◊gr.J(~me11(,
This Agreement sh.all be c:onsm1ed,11nd Interpreted bo.lh asto validity attd pe1formance of the patties In aocord1w.ie with the lawii of the State of Callf6rt1li11 J.,egal acclon$ ooncen1ing any dlspu~, chiln1r<i11 rilatter,arlsing 01,1( of Of'~n reh11lo1;110 this· Agreement shalJ be Instituted nnd malnl!Hned h1· the Superior Court of,the,C,o,lJllJY Qf Qn111ge/ State of,C111lfomfo1 or in nny other t1ppfopriate court wilhjuriscl.iotii,n !h s\tch county, and ,, CONTRAOTOR_agrel.ls to ~mbrhit to the -persortaljurlsdictlon ofsltch court, 7,6 Dl§P.YklL.
tn the event of fl!1Y dispute arising under this Agreer'tlertt, th~ injured· party shall notify the . deff\ultlllg patty !11 writitJg of lt.s, c,onlentions by submitting II cl~im therefor•, "Tho Il\)ured party shall continue perforinanoe of Its obllgations heteundor so long 11s lhe defaulting ... pe1rty immediately commences· tp cttrei such default ttruj. comp le~~ lhe. cut1e of such 9ef~1ilt with reasonnble,d1iigenoo and in·M event !'o oxp9~0 30 di!ys.after setvice of the ··notice, ot· aiwh loi,gcr period as· in!iy-be permitted b~ the ibjured partyj provid-,cl. thal lf. thi;, default results In tm lmmeoiate ~qnger to the health, ,safety, and.general welfare, CITY may l'ake. l!UOh lmmcdl,ate 11otion t\S CITY deems warfatJted, . '
z.LB..eJ.'ll'l!ion pf Fynds, •
CITY qray witlihold from any monies payable to CONTRACTO'R,sufficlent"limds to • col'Jlpensate CI'fY for,imy J'osse~. coats, llnblllt!es or damages~suff~,e~ by C!TY due to default or CONTRACT()R In tho performattc,;, of th1.111e,vloes.requlre<l by this Agri;emel'lt.

No dolay l)r omission !11 the o><crcise of 1111y r~ght or remedy by ti nqn<;lefaultlng parl)' dttl\ll impalt a1tch•rlg1Jt or, remedy ol"be co11stmed as a wal-ver. CITY-'s consent ot waiver of one act or omlaslo11 by CO1'1ffRAci'OR. shall not be•deemed to constitute I\ con~eht or waiver of ClTY's rights, with ri'specl to, any subsequent act or omlss~on by CONTRACTOR. Any waiver by-either pnrly ofa!i.Y default musf ·be ln writing,

2.2 Rjgbts. ang Re1ned!t1S)lt~'pumuliHi¥e ..

Except M may be cxpre~sly set forth 'in this Agreement, the rlihts and remed iea of the , parlios· are ¢u!nuliiti've and!the eterolse by either party of one or.mar~ of such xlghts or • remedies or othet rlghls or remedies as may b!l permitted by law or in equity shall Mt preolude 1he exerclso by such party1 nf the same 01· different times, of any othet· rights or remedle~ to which Sl10h pqrty may be entl'tled, •
1:~\1et,u•'mof:i1,~1vi,01\c0011"..4IS,jmm11 rimcvn)'jl/~. p,jlmurt. ~mil m10\'lll 01.01.1a. 1111,lM0.20 w!Jh'l orito,:~1 l·Y~lrtxt,is!o1¥,dno~ I
8-18-20 / 6S-15
6-1-21 / 6H-22
7-19-22 / 4X-36
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z.10 Attoweva' Fs~
In the event either J?!lrty oommcnces an 11ction against the other party jlr}sJug out of or in connection with thiir .Agrte.n1ent, the prevailing pilrty In s40\1·•a.cti.on shall be entitled to rei;iover its reasonable oasts:and expenses, l11cl11ding with.obt llm~atlon rea·sonable attorneys• fo~!r and co~ts. AJtprn~ys' fees shall Include attorneys/ fees 91'\ any appeal, and In addition, a p1111ty·entltled to attotneys' fees shall b11 entitled to·.all other reasonable costs for ln-ve~tlgatlng subh action~ !ncl9ding the taking of depo&]tipnsiand discov1;Jry, ~xpert wlltlo5~ fees,. and all ot~ei' iiecessavy~costs incurred. In the lltigatlqn,.sult, or other action . rcqu.lrlng attorney titnQ. All' s\loh fce-s shall be enforceaole whether or nol such aotion Is prosecuted to finalj11.dgnient. •
7,11 1,u~wated A~w.~
Thi's Agreement contains !ill of the agreements of the parties and oat)not ~e iimendod or modified except by writton.a3reement. No prlol' oral or ~ltterrupderiStnnd!ng ~hall be of nny force or effect wl~h t'e~peot fo those ln'illterl! covered in• this Agreem~nt. . .

The.persons executing•thia,Agt-ecment on behalf of ih~ 'P.artlcs h~ret,o wam,nt that th~y are duly authorized to eKeoute thts Agreetnvnt on brho.lf of s~!d partle11·, JAPPLlCABL.Ji: .TO JNJ)IYJDQ:.4,L CONJ'RACTOIUi ONL~j • 1JJ ColJlpllunco ullb 0a1rrorril11_ Un9mnlsiyme1U Insuranau,Oode Septlon .J Q88,8:

Prior to slg11lng the Contraci~ CON:rRACTOR shall provide to Gl'l'Y,11,•,<iomplete~ and signed form W~9, Reque$t'.foi''ra*payer lclcntifioiition Nutnber ahd Certifl<mti'on. • CONTRACTOR µnderstanc)s that pursuant to California Unemployment l11sumt1ce Code Sootlet11088,8, the CITV will l'ep9rt tho lnformnilon frotp,Form W-9 to the Stnte of California Unemployment Development Department, and that the,lnfomuitlon may be. · used for the pul'j:losea or. ostabllshlng1 mocllfylng, or enfprciµg ·chl,1,d support obligatJons, lnQlucling coll<l<ltlMs, o·r reppr!ed to tbe Ptanchlso Tax Board fodw: enfotoemont· . . purposes. [8nd - Slgnatwe page follows)
f:\6)'\1111~6\'linln111rvi"'l,1t~111:1d1\i~mrlro,n0Vi1r~- ~.sl~ll • uram11 JOn,o~l Ol.l>l,13 -06JO:l010Withl ppdonnl t-ymeM11\lfon1,iloo~ 8-18-20 / 6$-16
6-1-21 / 6H-23
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7 -19-22 / 4X-37
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;J:N ,\.Yl'.r~li'SS WMRE◊I1' :th~put1.los horeto have causea this Aw.:e~ment to be duly. re~ccuto.d 'c>n the.f~pe~tive da1es ijct forth op,posit~:tltelr slgnatutes, . , . . -~.: •• .... "( .. -:. • A1.- EST:
' ~•~!~Ptefite..' I \a..

APPROVED AS ro l70RMl
BE
8-18-20 / 6S-17
6-1-21 / 6H-24
7-19-22 I 4X-38
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11 _;EXlllBITA
~~QBE :o~,SEltyj;~!/{S A'N.D S]!EfA)r'.i:¢4'.liQfl§
i, DESClUPTiON OF Cdh!'TRACT AND INTENT
2,
The•inter,t ·of thts S.coRe, o'.t}~\l\\Vlce~• 11nd Spoolfip·atio/i$ i$ to·p1'o,vld~· gi·atntl,removal from b~th publio and ~peolifo ~dy~t~:prOP,ettlQa within the 'Olo/,'of Sap '.0iell'!ettto, to aclmit\lstel.' this progtaW. ~nd' tp 'Pt9Y.!4e 111~f:flng fo1· Intake of gra~fitl ~ep.orts through I.\ dedicated graffiti.'hotllnQ nnd•@.Jlih1t~l'.fief based website, • • , • SCOPE Ol~ WOlU(
A. F.utnlsh al I labb~, e~lllP,m6ut,. materials, and ·s11pewi1$lo'Mo'. perform graffltl romoval desorlbad'hereltl' lh'9Mli.n'g, but not limited to1 tl\e!folJovJ1ug:

I , ProVld~ full41.t.)1~ staffing f()r aoceptiqg incomin~'oall.s tQ the Grn,ffitl· Hotline

2. . Respond to ·c~Jlffrwn tpe Graffiti Hot! ine·.
3, Coo~dhi!!~· w,i"1 •tl\'e, City's Gode Compli!'l.n~: s\'#t\to .fl.SCtrtain that permissl~n to "nter ,prlyhle1JProp6tty has been Mc-0n1pmh'ed of\ ·to deteJm:tlne lf the• private prope1-ty1graf'l.ttl tshlgltly,vlalb!e.and;necesllitt\te'.'s e'ltttaofdlnad\y rapid t<im()v"l t Dui'itt~.regu\at1,C;:Jit)f1J1otklug hom, 110tl£y appt6_pt,(at,.C1ty 'stt\ff',vhen graffiti is !Q~ate~ Oil O~t51t~ublfo ("ptjl5)ic".) property I '
S, After rognll{r €~~>' ,worldng hours, on woc~Qt).~a. iµ1d, hol,i.d'nyll, remove graffltl from P'l!bl,ie ~n~p.oi:ty . . .

6. . Ph,010·<19oup.e1J.~ lilt graf~ti,prior to removfl a1id ·pr1:>vlde coples to San 91emcnte tiolic~ Ser.vices wlililh.8, hours ofnotlfi<)atton
7, l>rovitle :Oeat:Niiltia'geri).eflt Pr11ctices• in.'g11afM i'~ino:V~l. w.hether with ·pruntihg, -sahtllng;Jlre'ss\l't91w«!lb.\ng1 or whatover'tnetlla o_rj,eqµip.m~nt ls used 8, 110Jlow·the guiqel½Jes·o;f the San Olego.R,si.onil'Wot'er Quality Control'Board

3. WQR:I(fflG O:OU'RS
Co/iUaotot will be·te'q\1lre<i'. to respond 24 hours:a.oay11 :7 d11J.s a week., 365 days a·ye11r, as nee<led.
t . GI¼'.Jilli'l:z'I;llQ'rtINE AND ADMINJSTRATJON .

A. Cot1tratto'n;~hall t51·0Y-i<le a 24'-hotlf dally ~mffitl h,otUnc 'to be (\nsy.rv.rqU by either . staff-ot tJj:t aQ~W<Jrln1.rser:vlce In· the f.ollowfng ~l,llll\~'t 11H~Jlp. Y Qu have,l'eached 'the Qitr•o'.f ~!JU •0)w;ie~t~ls 0raffiti flotllne. In order •to 'best;servMhe c<itnm\uiity In the ;em~yal' ·?f grafUtl1. 01t11 ypu please provl()~ the: l~oatron wh6re you havo, notea grnf.f1ti,?" Tho lndiv1du"llls,an$Werlng the l\oUine w.ill solloit•fp.e e>Cf\Ct 1oQntlon of'the, graffiti; •anu: ob'tain,t&e.i na1m, and contact number 1).-om, the oaJI~, all~tstte~s that thJs mformatlon wlll 1:io(kept confidential. at\d ls ot\ly soUclte~ ~:oase tho Cot1tr~ctor has dlf.fl.cuftyloqatlng th~ g~nftitl.ln qu~stion.

E~hibll A • Page 1 ol 20
8-18-20/6S-18
6-l-21 I 6H-25
7-19-22 I 4X-39
'B, 'Goqthwt/'.lrsfi~)I receiv.e.~nd respo11d lq ~t\ffiU Ye1rorta,"fu the.graffiti :p1>rtal 0 011 the
0ity1~ w9Q#foj f.o-soJJojt· tho sam~ informati~n•:b'fl. gr#fitt:l,>'cat!bn 'IS detailed in "'A'' !IQQV~,
• • (:!;, . -Upo11't~oelpt of.the l<iC,lltion. of the gtaffiti, €ontra~tof w1!1,1'letcrmlnc If thQ grafut!' Is looateg .on .. pi11>1jo or p1:1vate,p.roperty, • ,

1. It locate~.()~ CJty.•df•San Clemenll' publj9 prpppny; a. qut'Jng, ':l·9mi.fa~'·' worl<l11g hours,. tb~ Gontr..11~tor shall notify the MalnfenAnce ,Service.'! Di vision of the lqclltiq11 •of·the graffiti, b, aft~;hoi.ii's1 on holidays or W()ek'elid~,1 ·Irie Goitfractor shall remove· the graffltl ,ofi pul!llo p"roperty, Md not11)1't11o, Ma!titeiiilfioQ Sorvices Division, AJjy dllrnago to. stl'llotures tshc1ll bo rcp,orte& itnfne~Uately to tho Malh~nance S~rvl~s J5iv,laiot1, , . . .

2. If'1oQ(ltsd:on p.rJvtil:i,i;property,
I\, Confrasi.t.or ~.Jl.all qottfuot San Clti.tlJeQ,te ¢.Q<\q Qo~pliance lo notify- the P,~ope£fY O't'(lle~, pril~ss & .tons te1m p~pnjs_ti.9t1 document to enter pr,tvate pt'opot1y is on ill~ for the property·fo qu"esti<Sh lfrom;t~o property owrtcl·, I£ a t,:emiJssiofi docUment Is on t11e fc5t th'at p1·op'el'ty, Contraotot shall remove 'the.sraft'ttl. •
·b. , lf ti\~re ,($, J\O ~etmisslon. doc~e11t o.n m~. 11nd Code Compllat\OO det~rrtllpes (hi.it' tl}e pi}vate JltQMrvf stl\ffit), :Is higlily vi~lble rutd' l')eces.sJtateq, ~~lt/lp~df.nanly quick- rorno:ujt ·!he Co11ti:aotor shall respond and t·emove~he gfaffiti from the pr-lv~fo'.proPcity..

Und~v•no 1dlri.\t1m·st~nces· ls the Contractor- to ehter• ~tivate property unles11 fo1•mal petwsi1011 h(l§ boon olHailietf,. op·,unlets' dftected to do l!O tn those 1 \~rn~gc'nol1~itt1atlo~s.by City represeo~tlves.

D, M!Y damage bejond.~r~ffiti to, structures on priv~te-.pwP,erty are ~o 'be reported to th<H!l<>'de C-0mttllau~ (l.rv.tslo11. . .

E, All' graffiti\ wh~tbe; lqcaled on pu9Uo or ,P.d;y.qf~ 'P,r<Jpoµy1 shµIJ be digitally photographed, ·vdt~ •qdq1•qs~ and t~m~ of photo provll;!b~ ils1,_& caption to each photo .. •A'U i/t)ijh photds ilb11l f. tlYeti, bf. electronically' m"dHe~ to 1 S'an' Ol'cmc.rite r olice Service's
1md the Maihte'n'.imc~ ~cr.vl'ct)s, BlvMon. w,ifl\lll ~-ho!,ll'~ Q'f lhe tIQtiflcatl~n. Q.op!es Qf said PPQ~S•iJ~~ll.~e.,!¥\Yed onhn comp!!,cltdisk•(CD.); and eI.Nhall be·,attached,to all ·~1,v,Hcagle:lillllni1 • •
$,, GEN1Jl'tl,4;t '&M:irmto.fmMOY.Al,, GtilDEUNICS
.A. 'To,e ~ontr110.t9r -~bftll ren:to\fe graffiti, {eath~rJng ,O\tl: 'tAe· ,:irea .to •bide ln'l,pre~si<ihs of thQ spes#fo temov.a,l •,yvh.19h wUJ lnolude but n'.ob bd .tlmltlld td br.lok1 (!hider Block, concrete' ,siai)Wa~, co11crote· walls and pmtltlo:ns, t,Mrltea lntdrior ana e.1<terl911 S\ll'faoes, large' 'r~ilroad np rap rocks' on tlio ~ct\c~I ~)ld :decorative ,tiavjng . . In aUditlon, if .gra.fflt1 ·must be rem9ved from 4qry!ie pan~1$ or tile, .spec\alized temoviug agertis s~~ll'be used to etlml,nate 1'clo4diug'•' or 1Jit_lstorti'on.11 6-1-21 / 6H-26
7-19-22 / 4X-40
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l'SA!Contraa/J1m, I, 20)8
n, Thc. Contfao.torrshat'l cl~an, of vatl<n1~ txl'?ef ·otall ~miffitiJ.po)es, s\gns, wood, 1netn11 pla~ifc,. ~iip.er, ·dee~!~; §.tickets, $)ltn1 .plil11I; m11t~e~sJ 'QrijY,011s, 'ropes, chninll, string, Wlt'e~ ~r,id h}po~ro,ttI,ln!~s neede8, l?ai~i~. . •
C, Rem?val qf-t~~.s:ync fron,i City·traft'ic ·control odn•igaffon Q-Ontrollcr boxes,

6. GENtML <JRA,F)ll'Jf:f lUilAf(JYt\L lW,QUW,EMlD~'l:S, k All graffiti l.'J'm1.w1~t. ft.Jnctions shall bo •perf~med, in;accoraanoe with tho followlng . 11peolfio~tior\s, :u.n bfJs olhef 'wise indioatc<l lh 'Ul.'e Work--D~sorll/tlhn Section, The Clty,sh!\11, have the:~lgpt to' 1detertnine tho 'eil:feiiQ ait'd, treg-µe'lloy or. adclltlonnl 1•as . ·needed', se.tvi(l~·s. •S~dai;ps apd frcqu~Mletm~y. be 'rh.q~ili~.ffom time (o tlme as deemed.neoess~Y.• ~r tne Ci~ for tho proper n,i~intMJlM,e. o'f;th~ lls't~Macilltles, B, All opf,1rfttl9~ ,S~flll bq. cpn.dtJcfed so II~ fo proyi4P m.,ip{IJ'A!ll,n !Sil~e\y for the• public, and mi{li.t,nize-dlsn.1ptlp_u,o'f'tho public me·of pa(ks1;t;>eaches,rtnd fa,¢illtlea. . • C. Contrap~r spid.l' 9pb:· enJer-upo4 ~rlv-:t9 P!~P.ct1Y, onb'o•tb·e to!inal written perntlssion has. been gi:ant¢d, und great care shall. be •fakoh. fo rem6ve· the graffiti \v!thetit dlsnlJ>tion1 to tl'i6 pli.iviil~(i/111Q
0 Perty,
D, Cobtrti~ttw sh'!!.ll ol!f/111' siaeWdlksJ i·otidw.iysi 11nd,fu))' oJhQr,are_!l'~ littered or soiled by ' bls maiJltenimce•o.fl~ratWf.i~ lo ti manner !ipprov~d by {h,9•~l11t~1V1oe Manager, E. Confractor sbidl. r.'9JifY ~tl\~ Clfy . Jmme~la~l~ M l;IUY, .'\lJt"~l:ll\1 p.11d/or haz.ardous oondi!l:On~ Q\l'P.ll~llc. PtQpQtiy, (nchidhtg buJ-np'HJmit~d, to f~trooin· pl'umblng, aewQr bapk~p~; f411cll ~rq,n~h~~; or any ltem that oteates,a,liaza.'rd or' prevents the publlo1s use of the parks/fMtllcles: • .

F, C~n~radtol'I anafi, i~tlfy· tne· CHy witfiln, one, (l) hti\il' bf: 'Il..6.tlcing malfu~otionlng • faoil!tlcs, or ~ohdltio1is· th'at ln'ay hlnde; .¢r •io.t~1t.nlp.t ·tJlci n~IS)iQ"s \1$e of the· par)cs/ faollltiM1 §}hp'e~h b·a§' been asce'{tal,ned·that.ihcH.Jontraclo11ls~g.gents,falled to ,12roylde §llQh,notlfig;ifi'on,: fhere•sha)J.!k1,·n ded11cti'on of:I-.yo Hunw:e'4Wlfty Dollarn ($J§O,O.Ql • per l11cta~1it: • •
7, ,M.OBH~e:J>RESSURli; 'iJNl:f.S
A, When {rtliffitl ro1mwal mliildates tltc u'se,of'a mo\ji1o>l5t<r.ss,Ul'~1washing unit, th<i followii)g.ctltetj'it l)1U'st,Q9 lfl<it.
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l. 1'1-1~1u,iµt mq~{ be cnp~~lQ of3,000 p111 with vada6le: pressl.U'e ~pabilltles. ,Unit. sh~ll have, the ,cap~'6ility of, lieatin.g• water,· to 209 d~i(ees, All 's,qlutlons· usl:<1 !m.ist,\;e,safe and:l;iode~adabl'e, Qtlier w;ru'f;\{l~~erooval 1pedta llh~lt a)..~i;, 09nsl~( bf; materil\l ,i.p.pr~ved ~y• the City, l9 1not11~e. but not .be .Umited:'fo eill'ca sand, b,4ijn~ ,sqclii· ,9r othet media to he· dctem1lneU, tire1iiti temo-l';al from ao.rY,li•c. vnnel$1 •sliall, a,~. done wlth New Oil:hensl'ons D,l~~llPt!i\t'l:lr,I 0rgll,O\c Gramtu . Mhes!Ve/Paint,Ke~1over or approved' equal p~odqo,h 2, Units sfiall lie $eJl•contained, QI.U'ry water l.\11d not··rq,qu)te1~,w\lter ho~k-ut1, '3. Graffiti ~;vet:~r, paiut,sh3Jl be done with 'W{t~r btiSe·pnlnts at'locatlo1is where grnffiU ·cannp~bo•removed with prQsme w~~irig,
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6-1-21 / 6H-27
7-19-22 / 4X-41
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·; ' J ' I • f)f/Ji..?[§.?ff~:'JHi(~ ·•,M.flJntwiqlife Sl!JVlil<:_f!Jlv/~~~.;- , PSA(Can/r«cl Jan, I, 20/8 ' ........

4. ~~I ,pa~·n~~g sh~ll reQulr~ ge1~e.ra)' ~ur:fr,9.e gr~;ru-aHo.n, ·s.o ~s to provi'de ft olea111 dzy s't!rfa~ lfr~ of deb.t'JS, otl Qr rusJ, !'f,, ·p~imPr. 1$.h~II ~.e u~eq 1111 required to ·r,rovido, M 'illideroMt fo1· •quality fln!s.h c9,ilt,. ~!!. !Jnjsh p,ai11t type ~nd color ,s&ouJa1 ·n:ratoh as well Elli possible, lr.t Qascs ·whete ·tmlltiple paint. colors e:dst 1(auoh as· pvlvate Walls 011 alleys) an Attempt, will b'e ,fn~() to match the most prevnletit colo11,
. ·S, , TOO, li~Nru:,F(),R JUt}S:FONSE A:N'D CQM"Pr..:rnt1.QN A. '.fh~·CQ11fr11qor *fill' bel~Yaliablc 'by eel I pho11e for'lm,~<;>W emergency res1>on~e.

B, 'I'he.Conll'l!ctor :ihall' !~~pond to. graffiti• retnov~l '1/l'tfllt1 e\gM ~8~ hours of notifioatloo wlieii n0tlfieci, o't'reqillrM work. . •
C. BXCBPT-ION1 WMh :grEtffiti is of a nature that: ·fe91.1lre~ Lntn.ediate atte.ntl~n as detet1ni11ed q~ l\1Clty h~pre~entatlvet the Oontracfd~,aliall..re~~ontl 'wli}iin fifteen (15) ml.1,1.ute~ o't' n.o.tlftc~W1\1cdnfl&n1lns ~oid IJQM.ro!, .(ru)tl; ~ffl.Q.~seryloe wl.tlJin 9filLill.11~.!!L!1!ilW.Jl~~H~c~lion, A $250 pe:rforniapce. ·d_efl~lc.noy deduction will be taken from· the.•ttl!'lnthly, b1llit,t~/or eaolj uo11-rcspo11§{' o~qu+r.tince.

D. pontraotorsJtl!ll eleyt.ton!,oully mall all photos Qf gl'gffiWt9 both San Clemente Police Sei·vlces arid:to N1alfiteh!lnoe 1Se1•.vlces within 8 lioufs df'remtwal of the graffiti. 9, l'OBLIC co~VX!lNlENCE-AND SAFET:Y
A. The Contr49tor ah~.1! QQndµot tbeir operation SQ· ~s tQ oau.s~ the least possible obstruotiol) and!jr,0,01).v~niono,4;1 to the public,

13. The Cotifraofor,~fiiil)'fqllow tr~ffio COQ.l:r\ll gw.qe\~Q.¢8'~.~ q~~j,laj il, Item 15 ~ "Street Closurea, .Ooto,1r~1 BQri'),o~d.i:s11 on Page 5-6 ofExlilbit,A, . ,

10. • l1RESERVATION Olr;°P-.lJl3L.IC.,AND l'RlV.A'fE1 RR0l?ER'.ri':Y• A. Th,e Coutl'~(JM $li'alliexc·tcl~e. duo care tq avoid inj,ury .to e1d~tJng lmprovem~nts of facltltl'ea, utililieii;.fl(\jrice~t p,i:operty. trees and ~nr,ytjbety, • B, Contractor sh~\\ prq\e,oi ,all lmproveme~ f,rom iP,juzy ,Qt •. 411:W!:1,Be .. Contractor eM;ll prev!de..and ~t,tstaff ~.u!tq~l~-sa.foguards to pcoteQt·suoh1bbje(i\:s from.lajury or damage. ti, tltiVEL AN1J StAND~.Rt> QtfMAJ.NTEINANCE'
t,.; ~II work shall 'be~ nprformed in ·aocprd11n9c \"{It~ ·th.e Ji,l,gbQst sr11ffitl femoval · stat.i9ar~s; iind, shall m~et with th~ approval of the Ci'(y elf S'an Cllerhep.te· Maintenlllloe ,Sef\vlces i>lvlslon or 'otber designated 'Oltr, .stqff. 'If, In thi: ,soh:

JOd$ein,'ent:of1the Cl~, tho lev~I oftn1dntenanci:i•is ~esa !h.t4,l tha~~spegi'fleg,h/,'teln1 th¢ Ol!y s,hall, at.its .op,\l0111 in audition to or In lieu· of oth~r r~tne4i'e~,•prpvlaed herein, witWioW' an4 d~.d\lat a.pproprlate payment 'fi:om U1e CofJtta~tol'' until ·seMces are rendered in abcofdance with. speoifications set fortl\ williin .this .document1 ru-td provldi~g no othe'f 'ai'l'llllieirtertts have been made:: 6etweet\· J!ie Conq-asitor and' tpe' City. Failure, bf Oon.~aotot to n9tify the Cittsi Mblnten~ce MaQ~ger or other deal'g~atod pity p~ff of a ohapge and/or f1dll.\l'~ lQ. p.elfon.tl all Item or work on a· schii,dulod.qay,1.m..!\Y'result In deduction of.paYJ1?,ent• for•·that• daw pr week at ~b.e CJfy1s dlsoreUon. Payment slmll be deducted for work'not pb(f'6r1~M. Paymi;,11t shall NOT . 11xh!bl1 A • Poge ~ om 8-18-20 / 68-21'
6-1-21 /6H~28
7-19-22 I 4X-42
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' jjflJL§jj!;g{®d{l.-iWgQJ(enanaa,Serv/ve, TJiJ!!!fm;
resw.n.o .Yll.\tt Sl!c~ tiMI} as· the City dcf.etini~es. tile TY.Qr~ is pe1f6nn~d to City sfanoa,r4i tiot'~fij110:reimbul.'$ement for prtor \qad~.qua{e wort· bo1glven. •• ij, r.11~ ,OQJttraQ.tOt If! CtJ~Uited to correct atlficl0Mi~ij ,witnj)). the-'time specified by•the Ol~1 .If n(ltyd Mf!o.letJ.t work bas not be-CAt oo,mpl~ted lto tlie City's satisf~otiou, payment !for1s'1115JeoJ ,de.~:fclency shall be ,wtth;acl4 for 9.U1i\'e11.I b,11,ling p~riod., iUtd shiJll continue t() b'e ,vithlieid.llntil defio!ency ls oorrec'ted, without .ttlght to retroaotlve payhlonts. • ' •
1121 StJPEJ.RV}SJ0N1OIf~(!)l1J.ItAC'i'
A. All work shaJl •m~.i!f wit~ tho aP,provel of the ,O.io/ .of ~ij/l, O!~ment;: Maintenance Servloos Dlvls19,~·. _3'4.! llo·a.~emcd' by tho City11h~rei.sl\aU be1weekl'y meetings with t)le Contractor ,auo tM Ol'ty representative to deteffnlne;jm}gress end to establish areas ncedlhg atto11th;1n ..

B. Any apeolflc pro.blci'n :atea which doei. not meet the ·oondltloh$ of-the speclffoations set fol'lh'her~ln sll~ll he qallt:4 to the atlent\011 of tbe eowaotor In wrlting, and If not co!,1'.ecte,d, P.!lY1J\<'lt!t,w·the Contractor $hall,not be »iMe w1tJI,ooncli(ion ls corre;eted in a rnann~t satis'facfor,y, Jo' ~e 'City as $et.forth in the-sp,eol,ficatl.on!J ..

13.. S'.Pll!C..'1l~lCA'l'lONS twaruc OR MA TF,RIA'LS-Nb:r.·SPECIF.IED Theae· spe0ifkatl<>t1$ are, lnte.lldt:<l t-0 ()o;er all fnbor, ,'fiiatbillar and standards of ,graffiti teroovs.l workw.a,ns~p fo ·e,~. emploY,ed •in t'he, woik cal Mi' 'fqt\11:1 these specificatio.ns, or reaso-wibly jrq.plie4 bY, ~tmtJ.'pf'ijafuQ,; Wotk or. nwt~ria.l~~ of {I- rnlnotnnt41-e which may norbe. speclfi,callymen.tlo.ned: b.u.t·-whioh'may be ~eas.<m,ab}yJ&SJlll,li\~d as ttecessary for the ·• comp~eHon ,of\ tliis -wor~ shall be pcrfo1111eq by thQ C'(mtraoto~ as desoriboo ·in the $peolf1<>~tlons, u~ no nddltio.i'ial, co,11t to t~.e City. . 14, P,ROVISIONS'F'Q~ ~~l1IMS •
A, No new work Qf.pny 11:in~ r;nall be COt\Sldete<I an·S'IKti:a wv~~s a separate estima~ Is given for ij~\~ woi.'k•~J\d jhe estlmate Is· npp1•p:ved •~y. tl!,l:l:CljtY ~ofqr~ tho work is commenced; T,he ·G:pnt.raetor shall be required ,to ,P'riivlde· before •,and aftei:
photo8faplis of safety ,itl:,fns or emergency •repaiffl 1wJiioH were· made without p1fo1· Chy app'rovhl. ~ooum~1\tution of cohtracl -corqplllll)oe, 1i)4y be req"lred ou some OCC!lllf.qilS,
131 )1roposals for ·extta work &hull Jnolude .whethel' ccitrcht c'ontraotual staffing 'Is pl'ol)o!led to do.tbo.~"trll work, oli '*lii,ther ndditionnl:fo!!ces'sha)rbe \l~d. • , C, Onc<l', el!;t.ra \yo'rk ·~a.s t)eeh, asa,lgnbd to l\tc Go11tta$l,tor,. wi,th ~- PJ..llt.t\~\ly agwed, cle~cl!J.rJ.e{qr ~.P.~pl~tioll) £! two·,hul\4red ijftY,·doJlar.'($25010'8),•JJOr d~y deduc~iomsh.all be wadq fo.i; :e~ch day-thta work ,exfeµds ·paii't t~e agreed ,de/ld1in'o. The Malntenanoo Man~ger tnay-.grant 11-pp?oval fot extonslons.
15, STREET CL()SUiOJ:~; )):jnT.Ol.JRSi BAimI'GAD)ilS
A. Warning 'sl2~s, llgpt~ qn·d ~eviaEis· shaJ1 be lJ)at{ill~ 1;1.nd dl§p\a.yw ln oon£onnlty wit.h ti~ 11Mimunl Qf Wnrning Signs, Lights and Oevices11 fo1· uae in perfoi:tmm<:e ()f wo1k l:xlllba A· Pagii .ll·ot 20·
8-18-20 / 6S-22
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6-1·-21 / 6H-29
7-19-22 / 4X-43
t)pon,,hjg}lway,s issved by t~o'-State of Go.liri:nni~ D.01wfm..e/l\· o'ffl'a.wiportatfou and as dlrcctecl' ~¥ cfiy,stn.ff.'
·13. ff(!~ e;;ontractqr,fi\i[sJ> provid.o. and ltl!lfall UQ.}' ◊-~,fu~ d!sns,or.1ra;(fic 9ontrol dcv19e,s ~cqu1red· lioreby, or· ortlered by the City staff, staff m!'.JY, cal).t'l such signs or, tr11-ffic conrfo! .devloos' to;bc1!.)Iac{l(I by otn~1·s1 cliargo 1M costs,iliertifdre,against i:he-C'.-0tlh:iictov, and dix!uot tHe,sart1c;,trom.11\e next pqynient,
0, Puring tn.Q progrossrot Q1e v.'ork, adequate v.tovlslo!i~:shall be lhade by the Contractor to so ~ccopimo,o~k.tqy.11,tmnal l!'afflc over the p,utiU~:1.94'eeti;,Y§•,to101luse.a tqiqinmm of incmtvon1enc9·to:.tli.e1g~,\leral:P,.i1blio, Means of Jngr.oiii w,4,~gi;~~.s,sti.~11 be provided for 9CCUJJants of '"Uace.iit prqperty I with oonvenie4t f\C!.'!e,~~- fto dr:i."lewt1y, housli,g or buildlhg,' • . \ . •

0. The Cbntrnctor 'sb'l1ti be:req~lted to provJdo antl,fiiitlnwth ·li'~tiers, guards aIJd liglits when ftrli;t v,vbere ·wm~)' bb necessary to do. sb. In 1oli!er. to,e:t'fe,otlvely guard -the public , from Qi1ttSJ;1r,IJ$ a,rfls.\iU:of'the wot~ be!ng done, Co.t'l.(:l'aotot ~~<!!J:ijls\> b'e required to post • pro110.t notice.~,a,.t\d1,sl~n..al,!l'tp. tl;to_publio regardiJlg.d1Mt#shu}~ ib~ con~li,i911 of the work undOl' oonsquctlon., a,J[riwar.<:ordance with t1ppllo~Ule1pwyJsions of fhe·IVebicle c<lde.

E, ff requhe41 proyidlng ,offi clal 11NO PAl&JN@' slg:n.s and ·postihg the street f9r .no parkhi'g shalf1nc.tlie:Conttii_ctor's ,:e,spoi!Sibillty. Ih:6ifl\t..fot£s'i~ to~ ~nforoe<l by tl\o City of SM .~J,em.ente Police Servlcea, signs tntist be ~osted 24,hours irl advance and checked by the $an Clenien~ P.olioo &orvlces W.a~h:09tPtnaJ14~rd F. The Contr1,ctQ1'1fli
1 ,Qee.mtl~'1¥l -shall OIIUS~ no u.nneQ~S~~- ~9.0pVQniS)ncO, The uccess ·rig'\1t~ oftho1p11,blip1~1Jatl'Jie1colll:lid~red at nH tim.ll:S;, W~~s10JIJ~f½ii;,e·avthqtj2~cl, traftfo shat)'be pet:niltte<,Hto pas1rthtnt1gh the work, or.'M•llf)ptoved.detour shall be provided. 0, S.afe and adequatQip;;<lcs~ari and vehioull\J,·a9cessiiiii~l,~e, f.v?vidcd and maintained to tlre,hydrnqts1 comMereial antl !Muatr-lal·estaoli~li\l'ien~;,:oburol.\e!it lichoo\111 parking,Jo\.'lt . ser.vfoe statlons}:l:'riot'els~ rv:~~ahd police statlo11s,;~Q.S~ln1~1 ru\~ e~!abllshpients of,s!tnllru· • nature, Aoc~s, tQ1.tl,i,ese'fac11ities ~hall he continµ,<,>,t\8,:an~~up.obstructed unles~ otherwise approved•.by th.e· Ma{qtent\l~ce Mruiaser. •
H, Unles$ (ltherw{s~'!lP.Pµ,ved btthe Malntem.\llt:e M~~ger;1theC01,tractorshatl rmiintain and provide, s,re Md, •adequite pedestrlm1• ;ones, :pulsll'c· t~pottatlon t1tops and pedestd~t orbssli1gs t\1 liitel'vals,not e1<ceeding:1do feet. l. V~hlc.glru· •IWO!l<iS •to .1,'.d~lc:1.e.nija,l• qriveway$ ~h1:1t1· l>.~ ,rmv.n!llme4 \o the: .nropq~y· Un~ -~~cept when n~.~s.fai;y consiruqtlon pre-0lu,des such- f19<;e,BS' for- reasonable pc~loa$• Qf ~~ •
Ji. Thc•Gdntr~otor.rsllal'l coo~rate With the vad()us part,ios l)l.yplvcd in th"e;dt!Ii'vei.y'of f\l!III f.tlldi th6•0QOt~69~ ftlltl.'l'elllOval oftr~h@d garp,.igo t9 1ro8.U)tcun existing sche4ulos·1;'or tpesl.l se,rvices,
16, DISP.OSAl.i
Ahy, ancf.all.ii1atcri{lj lieyirct.fof the rem·ovaf of.graffiti shnll'be l:l!sp;osl'ld Qf by the ~ontractor In a ~afo artd,lcgl)l tn!\llner; •
Eldlltlt A -Pcge ll of .20
8-18-20 / 6S-23
6-1-21 / 6H--30
7-19-22 I 4X-44
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itx•a(smciif1ie),!f:.--:l1iWrng111,r•8erJ/~et.1!f!!'!E!I_ -~·· -·· _ ,,_ _____ P_SA_IC __ • on_lr_ac_, J.....,_ari::_.:J!..:12,.uf/{B_ •\'
~f/1 RE€0lWS'
,).;.. '1'hc1'Qoi\'ft'acfoi: shart-keeP,·IIOOurate re-¢otd's100nct7.ufhg all of'its-emvloye:es or agents arid,l)roVicte ?tn6, elty v.~thl11 tlftee'n (15lcla1's, of. the effeoti.Ve ~a1e;'of this COlltta~t With• ,ndme~,. adllieM&l, and telepho'il~ ,nllif{l)e'f§, of ~niplo,Y,e'e$ to bo ottlled ln em'(li:ge~cy: Any'.ohan_$,e's in the Workforce tliat impa6t;fhl~;ropott .$balJ \,e t1dd~essed to ili,.o C,ty I mmedlat~f:Y,
B. Contrt1otor sbiiJI' Mop accurate, det~lled ,:c9otds o'f;~~9,h. repo1-ting/notificmt,lon of graffili to the Con.trit~t9r, · • ' •
C. Contrac!oti sh,aH m~Jnta.111 ·~ monthly log of all oallllJ em~ils,cir other' oommunicntions fror.n ant sotu'Ce' r~~rillig 8tlifilti to the Contractot, •whether or not thos~ (lo.tnmutdolitlbnMte'qtl~r~:a teguest for servioe1 wfth,'a,.de'$ei~r,tlon of action taken by Cot1h'aotor, or·re't'lsbn ?or1n'o action. • . '
D, tile top pf·thei;\og sMt1 ~.bow tJ1e tJtle.(Sf.l!.l Ol~QWl.liii. Pi:uffl,t,i.Lqg), month of t1ctlvlryand date subtn/ti:e41 'fh}} l:iody of the lpg. ~Judi include ~ij .Qf.1 th$' following for eaoh
l11oh;i{lnt of •repo.rle{J, 1gntffitl: date and, time ·rep0rtedr •reporting sourco, speciflo looEJtlori lac1q'1lllg aqdress • when pos~tble, p'(lbiio, 'btl IP.i:lvat~ 1,tonerty, if prlvat~ - sptlcify_ $Ollrc'e. appfl{vi~g;1'em·oviit, date graffi{h:eln"ovetl, an4,arty,p~rtlnetit notes.

E. The gri\ffltl/¢0.tn.iti\1nio'ations l6g for the niosfrccetlt~ comp,,lete mo.nth'a activlty1 shall be submlU-&l to the ~iLy o.f San Clomen'te M,ttJnten.i\flC,e ,$qrvlcos Div_laion. This repoti ahaU be submitted flil lattir than five (S)·wor.kl11g qiiys following the end of e11oh mont,h.,
F. Contractor sJuiU llii}>m.\tll'nvojccis t11011thl:;,1,1LS spe'6l'ftedJn tll~ cohtract agrl,letnent, A COn}p~C! dlak ,cD).'lJ;'6r •the ,invoiced month· df' aot{v.ltyJ, t1611tain1t1s nil photos of nil grajiiti incide'lits'hefo'i:e•.tcmov~l1 shall accorilp'arly•e~l},fiiQnthty inyolc(I, 0, 'I'he Conti-aot'oi':1ih'alfl_)efmlt·tli0City to lnspeot ~~ audit·if~ !;io,ok~ and reoords at any r0a$oniibl<1 times. •
H, AU logs; reports a'nd.lnvolce11 shall be due aii:~pif!ed.i,,Aiwenty-five dollar ($25.00) per dqy qe4u9tJim ~h.aU'beJllado for eaoh day·tmy•log oriteport ~mnmltte.l·is l11te·to the C,ity. De41JOtl~t1s .qp~U be reflected lu the,neiit•Jmohthly bllihig. Invokes falling to notefaOUl'red deductibns shall not bo 1,atd. • .
fs. El\-ililtl,GlilNCY ~tc~yi:PES .
lhe ~qnµ,nctq~ 11~,l;lll provia.e· the Cfty with names and.ce!I'ul!ir 'telP)thQne ;nufttbafs of at least two qµillified,•persotls· who can be called by Clty·re}>resontaHv.l's w~~u, et11t1rg~n9y ma~1tenattce, pon'd!tio.~, o,copr dwlng hours };Vpen 111,e, Ooritru~to111s norm~l\w{i~M .force is not pre~e.ot; Tue~~ Con,ti;µotor t~presentatives shall respond fo. sam ·emerS(lncy wtihih sl?<ty (60)11ninute~. ftom r«ieivlng1nodf1cation,
19, CON'l'RACTOR'S OFtr.ICE
Contractor ls,reqµlred tq·m~fntaln an officq within a Q.!le~~C?\!r. response ti.me of the eit~ lii:nlts ·a11d to J>r-OYJ~e t~e o.ffic~ with pbotie ser.vice dm\qg. rlor.m11l wo!'klng hours. During nil other tlnw1 i ~lepho1w~aiiswerl11g service shall. be ut1llzetan'd tl)e lmswerltig servi11~ s~all be capable of contacting the Contractor by c·et11,hotte, ,1:b.e_QontrQctr! shall.fil2 -~•-1f,oh(1 --·~- S~t1lbl[A-Pagotllf!1.0
8-18-20 / 6S-24
6-1-21 / 6H-31
7-19-22 I 4X-45
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. p;·o.V1Ue,~~!jalrna1 fe1'eriho~rk.~Yl~lillr¥9lg2.tm~IL ~~~:tfiln,,W: PpProv~.4.PJlYfil. Thi~ s~~tQm, ~pal.[ ,d..!1'9:w. fQ.rw.~d1p~. qf co4UJ.l11lrit,s J!rtcl· ff!().V!llilJ; f9r ;~ery1cie, tllr~otly from the ~HY.\ 1'4~tQoo(t·n~tor s~.iO.l provld1>·ancl J1,1ain.4lin· a v.i.a»fo. em~il,adfuess throughout thil tw:-mro:F.';l)e co11tt·4ct, . •
·zo. EXAMlNATION·oF sf~E AND \VORJ{·.
dity make's 'no.reptes~nt!ttlbh :al>m1t the ord~r dr 0011~IHtm ortb.e work area n9r cloes the Cify wamint'tha.t the~WorkJafqa shall be free·t;i'otn defMs)!ejlti~.t 1app,111'~nt or hidden, at the, l)onunettcell)c,pt of, or ~t 1;i.nY.·Omo (iudug- the t~A!J'I ◊{ the Qoll(l'a,ct. Contra,ctr;,r must . exallli11e tl1~• l,oc~t;oJ;J.11. P.bYsli;~l- conditions and sut'l·oundl:n~s 6f w11ifch these facto~s shall hµJµenco·th.e pe11formuo.dt$ tlNh',:, Work. By e.ritedngflnt<i the,c·o1:1ttaot1 Colltrao.tor shall be deemed .10 have •iigreed:to :accept the condition i>t the workft.itea. 'in 'Its "aa is" condition with tlic intent to,uv,gru~e:(ir modify b1dsting d~lioien~l.~.;· to i~es.e ,specifications. . •

2.1. QUALlTY OF Wd.8,W ~1,):IV,TA;I'Iit.RIAL
All ru11-terl~l 1msl eqitiPnts!pl, f,iµ-AJshed by the CoiW;f}Otor •gliall' be tiigh ~nae; and free from de~ect~· al)d. hllr,er(~i_i.~n~, unlest: •otherwi$e 'hei'elnafte.ri l'lpeoH'l.ed. Workmanship ijhnlt be In ncClordauoe With, the 'Best Mattngeffie'ht' Btacttces. Both materials a11d workmF.in:inip. shall' be,s-uSJ.ecttl>, the approval oithe ty,itii)1te;1ptlce1Ma.nager, All rnate1'ials used shall· he•afi~ro~etl 111:adv,lfuQe b~ the Malntenanae·M~'lager. • • • A. The City r&et:ves .tf/.e ·tlgl}t,·to P,Urobase mat~da)~:,~l);'.\:~}.~·M.4-11},~e 1w~ilable to the Contractor1 o.r'tQ P.{o,vi.~e a loqal,vendor »-h~re1tp.e Oorttraofor c!\n make approprfot~ p,tl,rchM9$idlt:e6tly J.91f!..6tty•pur9l1ase ordet<, ~,tl\e evetirtho city ox'i;:rclseii· the option to p\irc~a$e th1i mtiteriafsrtl1e followjcig,ooMitlol\i shi'tl1',app!y: . l, ConlrMf?r,sbatJ;c<nYfonn to,all City praciic~•a11tl ptot:~µres. 2, Al~ aity p~oh.ase.s. ~~i\11 ib'e,for tho sole e,mr~!i$eal\lse ohnd for the City, 3, :me ·C-Ontr.11cfot shall secure, store, l11vet1tofy, di'st~lbute l\rld contl'o) all matedals entrusted toitfo>'CMtractor?s representati:v~s: A\l 1maf~(i~11·~d ln~ont()tics shall be made a-valiabltno the City upon r~\lest, •
4, 'fhe .. Qinfr"Q°tOt' Miill ,r~duce the llnit. o◊s~ :£or. each ittalfitenap.ce ta'sk bf tlw • Cityt s acJu!!I co~t~for'thi,mat~riuls provlded,ai\tl ·usetl, . 22, WOIUO\JANSJ:IiJf i\.l'fD1S:UPllR,VISIO!'f
J.,,, 'rli¢ C.Cl~tt:Ml<w sh111l provl~p a ·wo11k force ,sfifficleht 1·0 complete the, wo·r1~ as lt is apeolfie4, . • . . • ' I 'I t
B, Worki sht1U be'pe~dlm'ed' by cC/111pet~nt, an~.expQriepcs;il, v,re>r,kers. e: The work fdrce: 'shpU hwlqde.: a thoroughly· sk'illed1 expe~~enced and, conwetent aup~lt.lsor·wno Bhl\1! ~e r~po\-\idble !ot adherert0e.to tlie ~pecificatio'ns. Sl.!pet:-vlsors , m~at0ommunlqate:effe,otivel)''b9th in wtitten;an~total Eb'&lWb, 1µ1d.shall'be present.

Ju !he. Qltx~Jln.ill!' siW.ing c<mtcactuat, QP~rlUJorw,. 4 S,YP.!'~vlsor ·is defined 1W a fuU.,,tim'.9 ~mplo~6e Msl.grted tb direct wor~.crew1;11,wjJ~··~l}fti9r1ty to authorize wor-k order~1 make deoisl'6ps 111 behal,f of the Coqtr~i:it<?1>. authorlie addltlon,d wo,tk, etc, In no ca.1e •s~!tll ;a' MJ-tlme cmplilyeo nonnally as~!gp~3-1lo ksset status, I», prov.idea In. lieu of Ii ~U,P.et'Vis,Rr, /my order given to the'se· Su»ervlaors shall be deemed as 6-1-21 / 6H-32
7-19-22 I 4X-46
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<l(lil#l'ed td1tliei'CQnt~iitor.

D 1 •~11 .p~rsqpn_oi WQ!~ilg it} th~ Qity of ~.~ ~I~qwutNhJiU b~: Qf.go,o.4 cbaracter1 neat ,4ppe§l'.ft!lCQl,~.d1l.ll a~pronr.Lat~ d~llll . .S as,aeP\'PVe.ct br,'!hfM~lnt(yl)P/1C~ Managet•, All p'ei·sonnef :il\at1iwel\t!1•lclehtiflca1lon: ~adges 001'1patol:tes1 ' E, htson.s:·~mploY,~d by-the Cohttaotor who are•f6und,np~ I,?. be suti11factory by the. Glty shall be dischlttge'd· oiv:teasgJgned by the' Con.trlictdr· oh ;fifteen (15) days •Mtioe fi·Qm the City: '• ' .. l, ,•, I
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23, RE:PAlRING·INJUREO WORJ{
t'}l.e Cohtraoto~ ~all fepcl'.rt.\liftHout delay any daihageitb dry eqmpmonl or prop~rty and ,shall be beld' resp6h'Slole, for 'tlie·,teplacement of afl.Y ,il'uch dainage caused 'by his act hereunder, '
i4,. IllQ'Ol:PMENT·
,All velµotes and ,egµlpnw!lt•rpsed, ill oonjunctio!} wltb1 ili,1.wp!'J(, sl\uU 'be maintained Jn ,noat, clean1. 1111d ordeblj ~atu(e~•~b.d aha\l be in• good ·worJdng,{m,l~r. Equi~•·nent should code. The. Mruhtcnan~e 'tvfanager, or hli: tiuthorli~cl ~ge·nt~ m·ar r~ebt .a'ny vehicle or. • piece, of cql'lipW,Qnfr.nd Q.t&·or lt1re»1ov,od frosr1 the~tt~e i#h.~·Cll.lY of)~an Clotnente, Said e11ulprnent mu~t b.e. !11P4w~6 .. bv uppropriate, anp1·ov9cf Jll!P,.W~J'ln withlt1 1wo worktng dt1,y"1 or :de4uoito1,1s to tM ~on.thly c~ntract wount fllW . .'·contlnue until s-uoh titn~ M , _ be clearly mllrked 'Wlti:i. tho· Contractor's oompahy. .nanfo1, and, ld~l'ittficatlon number <lr j 11pproprlatt1 ·appfoYed eqltip1.11cnt'ls )>1'-0Vided, ( :
. ~5, SAFETY- REQUJREMiiJN'T
A, All ~ork perl'o,tw'eld. uq~e1''thls oontracl' ahnll ~e.,per;t'o~1t1e4 'in flUch a maroer 1/.S to p11ovlde m~lmw.n )~~fely,tQ' l~e pubHo and w~ere.,~p.p,llq~~l~i 90ivply with all aafety ·awnd.ards reqw.r~4 ijy1~~-Q~JiA. 'I.'h~ !vf.£J!tlt9!l.~n~1~ru1-1geneaerves th(l right to issue restraint or cease arid desist orders to tlie, Contractor/ w~c,n, \.mS~fe or hat1mful acts •nre o'l'iservecf .~ lr~ported relative to· tilie, per.fotmimb~·· ot· the work undel' this • • contl'aot. . .
'3, The Cohtracto,11 sl.ihll tnulnta)n 'all work sites fr~.b. ,9...f h82'At4~ to persoM arid/or property r0ay_lflng, fi:01.n. fiis OJ?eratiqns~ l.u,ly, haur~bus, cQndltlo.n noted· by the Contraofor, wlilcli ~ not1a.r~ult ot his operat\on~~. s'filfl ·be fn\fuediately reported ·to tl\<i'Maititen.ance J.;,r~ndger.or his dMigna'ted teptesentatlve. i6, CLA,IMS BY <:;ON'f.RAo:I'OR'St.iMPLOYUES
A. The e\'intmo~ot sba~ 'hold 'hW:nt}Qs& the eio/ a.hd ell 0£ its o$olf1Js, officers, einplby~es,•ag"ehts an'cl vo!unt~ers from,any•a):(d ·ell d(ll}Jage..s or-~ll).ltnsi~Q.hny ki.hd o.r hl\Me, tMt,<na.Y,'bo~~?k, or·mar al'lso. dlreo.tly. 9r in~i~eo~IY (ram th~,:performance of duties by-thq (lgl)jraq,to.r. .
13\ €QntraotQ,r sh~ll nqt, permit, acc11ss into ~ny Git,y of San Cle.m-ente or oU\er ,prl:vnte stniotUt~s·by MY u111mthoi!.zed persons, . •
SXlt/blt f':. ~ P/lgt ror 20
8-18-20 / 68-26
6-1-21 /6H-33
7-19-22 I 4X-47
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PSA/C(Jntrac/Jm~ I, 2018
.lt/., t,fA"UUJl.'I:¥ F()R ·DAM;;,\'9lllS
A. ':Vbc: Oontrattqr. sh,!ll 9e folly 'fOS,POl}Sibl~ fQr lqhy i.ind, a1t '<lflm!l~e dqne to City or p1'i.'1~t~4f?Po!fo119.;1 equlpmimt, or other. property _()f t.~t'll'P,itp)tc. or·.ptivate premlsos that 1Pesult frcJm the Co.nfyaotor1s opet11tlo.tH u,11.dett this contract, B. The.'Contl'a6tor.•inny•insu1·e the cqui9mc1it, 1nater[afs.a11.d,·work lo COV!)f Contrnotor's lnterea,t ih tho :Jame. 'The Clty shall not, untleti ~ny cfrcin'nstanc!l, be answeruble or e.ccount11'tlle· for f}t\f· Jo'i1s 10).' diunage that may h~P,peri t{) :sat~ eqt!lpmen\ materials rind w:ork1. or ~ny p~;¢:r ptitts:fhr:,rcof. tts(jd and em~loye9 'In folly coniplethfg the contract.

C, • Any keys to Glty• r~ollit/cs arc the sole•respopsi,qi!,ity oNhe Got:t,trac:loi·. No ~opies shall be made w1t11out1 Chy permission, and tho loss; or 'theft of these keys shall requlrc,re•l<eylng ofianY,•sucli faollitied .fulli: at.tfte Con'thlcfop's expense. • •· ZS, AD:vll!R1'11:.SING
No advei:tisi11~ of i111~ k!.u~ Qr d.e~orlp!lon,. bill pqstP,1'!11 p1·1htc41, ~11ln.ted o,' by the ·uso of ahy othF m.ethod ~amW'cAtio11 l!}giblc to IJum~ slgl1~1: ~.ba.11, ltp.'pear on any ~uildiugs, stru,1turcs1 fences1 o.ilJqples, po~ts or Blgns• except ,val i~ .a~d· ,e.utho~zed leg4l notices re<),uirlld to •~· placi;d 'tMJ:10011 .und c1'cept as may ,b·e ,spe61f'foaf!y authoriz.ed in these ·OQneial Conditions. •

29. SCHEDULES
A. Tlte Cont~llctor:sh)ll ~~1wt his schedule to cqn)pe~~tlt~ for ·all holldllyS, ~r,eoial f;vent~, fnd,e,nent"'Y-9qtppr, etc, • . • .
.B. Oraffiii shall be rcmov~d within 8 honrs of reco'lpf o'~'lo6atlr;m, (notifioatlon), unless specUt¢id ctherwi$e bx tM iMo.intenanc~ Manager-tit' des\~neo~. 80, P.nR'FORrt1~NOl},D'r{.RiNQ,lNCLEM.&Nt WEA',l'1l.Elt1 'I'he Cont,rijctor shall lrom.oal.l\tely notify the Malntena~c~~M@l).ger J,~fore the work f~rce lies been retnov~d frpql'thejob~lte <Jue tq Jnclemellt·we(t]tpf1. orot!icr'1caaonp, t

31. • SAN DIEGO llEGION~L W~t.EUQUAL11'Y CONTRQI.;,BOA'.RD Sl'ANDARDS The 0lly of San Ol~me-11.toJJs o,o,vcmed by w11ter qualltJ stl}\ld~rd.s ~et lil place ~y tbe S11n . 'Ti.ll~e;P. «,eglonal \'{(1.ter .Qu/llJty Gonq:ol Bonrd. . l, Under, no c1r~umstances) sbal\ debris· ·h~r awept. blowh11 of \\iiishetl 1nt6 streets· m· pai'kln'g lots '.lli:a,ffi/inl.lb'.r thnt cbu1d P!ttoe this debr.ls lntn,gtl:lm1,drdi.tis. • '2, 'l'h~ use'ofmeo~a,ni~d:bJowcwl'wlll be: done;profes~io11a)ly tilnd io·a;1µ!J;\i,mum, ~·. D\ie:12 tb» st~il!SRA'l1!~!!1~~!.mm .. ~r (b,e SM,DJ.qg9 ~egional WAter 'Quality QontrQI n.rum!;.,_tho _Gf!Y tlli411 'b.im. .. tlim...Qf..1?niwers. 'l.t:.:..th.<i . .,.QM.!!lWW:.lhl!~· o use ·the 1mmerb11 'Np a~dltloval~L41Jµ\.9.!!u_con.~l@@.iµlu.:Y!,ill 'b~ lnciuded. o • • 'lis'e he,bWi~d,

4. ,Dust will be·9oiip-0Ue~.
e~lllll. ,\. Paga 1,Q. Qf 2.Q
8-18-20 / 6S-27
6-1-21 I 6H-34
7-19-22 I 4X-48
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PSA!Con/ract.Jan. I, 2018
,{f, #UY '\Y~~W,ug •o'f'hat4,soµpo WHI ho d.J'.~~.A l~t9· :a_djaoent {~ndscapirtg and in no o.lr~9.)\'!SU'l~oe~·be·washed onto shqet's 01~1,atking'.1cfts. . 6; Any vt9la,.tii:?n- 9f '(h.~~~· ltem~ shall resull •lh. the itpproptlate ·fines ti~ dictated •by the City' of'San Cleflt~iite.
32, CONl'lb\DieTlONS
In the ctw? tnat AUY. po4(/fu ot; this ~5ioltioatiOJ1 C91ll&L1.•1 aggthet.JhJL.moJo sfil'n&ellt shall prevail . .f qi- ,e.::<i,W,:1,Pl?1 if ·one· portion of the •~p~c.ifi~a!ion,s ceyll' for specl.fic dally ~c1•vlqo and. another qrea ~U~·out weekly $erv!oe of the s~ine,typq, ,the dally speolficatlon shull stand.
6-1-21 /6H-35
7-19-22 I 4X-49
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FS!I/Cc11lfaotJM, J, 20/8·
Gra.ffiti JRemoval :Sid ';if~rm..
(P.a-ge 1 of ~)
~'he Clt;Y·of'Saµ C1(:J~tj;niQ•\1/(_p.t'1.Wy J'e$ettvea tho right to r¢J~\;pr~pt1.~~ts:ln1,rcapons~•to lhls RF}> viitl\.out·lnd!oatl11g·e:,ny re~on~ :for siioh reJeotlon($), ; . " If 1;1watdr4 the IX>tllt,a,ot~ 1tli/l' uhdiirsjgn&I hQteby U,Sl'e<is t9: Q!~)' Ml~. w.~it1'4Ct and :furulsh the ne~ary bondl!/lt19Urnn9e.,wl.Jhln1.mn;'.ffia days after the a.w«i:8 \itiarui,coh\l'!\ct, • . .

Tho w1derslgt,.®01ia$.J~.X~m.Ined)~llflooation of tho Pr<1po~o1.},\v9\-\{.1&J1d·Pl f!llltlJia,r with the-Scop0 . 6f: SbtVi003 and. $~liW.~U0!15 •llt)d' oUiot contract docii.fu~.fit~ ·,a1ta ·the local oonditiqns At tli.<i placoa wn'eto tlie woiRili! t<i lib nl:inc,, • • ...

The 1111deralgned ,agrees to f.n11~\l, pqr.fo.rm tiitd p_ay fot, •~ wot~; :labor, materliust taic~:
'tr~portatlon s.etvlci~ a114 ,cba1'g!!$~ fees and 11pp11ne11aJ\l:1Jt~ 11~smro~ lq.oldopltil t.o 'Work as. specified by th9. llj,¢qµ(,\!t' fqt Pfoposals, Sllopo of SeMitea hll.lfr SpeMfications, and all do6ulnents rolat~xHo tMa·pfopo$ltl. • --------- , • • I • vmicos'is ~
i: 'Ibo proposer n~~· !!l~I fqr ,re,q\losted anll/o.r tcqµlred thnn~. fu•·ili,e 11oope of wo.\i,:, JM1'udltig. additlhns and< ·~eleijon~ 9n work nl>t 11e.d'ot1ttdt, tll~ Gon~ot Sum al:tall bQ ,a4justo_d. 41 iicpor,d\ulcu .<vlth. t1i6 'followl.ilg \Jni~ ptio~y, w~ere. 'jh.~ City el~ts to 'Qse thls ruqthnd.tn daterounJu1roo.~bl, o • I
·B, Pfql)PSei' 'lli\A~vlse<l t'!lat• j}$) wit .prtcos ablll I eljl(lf. itlt.o tho'l,apto?ldlnttlbll, of \h~ ll\l~ssful ,P.ro.rooer, 'Unt'OllllOAAl,lle1 prtctlll tilay retiult lh• n,J eQtloh .of 't&,tcw.,tfr~ PJ:OPQ,sal, Vnlt prlcl)s Jiated t>9lolY ·wf9t'J<> ijµ 'ttam.~.n,t~l~l\li11e.d or ln'stalieti iuia' faciu<t'c,li.lf. codte ~fille-Otcd wJth intch,.lt®:ls;,:tr.omd~!Blitiil.o~ Umlted to, spec~ijcd 'tnAtorlal~,. lal;ior> bverhend And profl:t for • t-011tr11otor 1\1\,d/O.r 81,.t$Odpi,acif;ltS, • , ,
o. Tllh'wlt _P.iice,quoted lit. 1thojpt,m~~er sbP.:l\, b. e 1hb!!o, uhit'~l'lde~ that sh.au, ~e· ®d\'geo: or 0r~fi~ fqr \4b,Qr"A!14 .11f11!e(tats to be,:ptovlded regatdleil)I 9f1~eitpl~ Ql'p'lli,er •UJll!S l\nd/oi:
afuriiiut·of. hilxir ~tlired fot·addtid or deletecl 1tetnli of ,vn~-. . . Q, i(ll •W<!~. 11haj]J,o ,p/ilfo.ritled In al:OO!danoo witli the Soop(;)•ofiSoi;y,pe;s ll/l,d 8peblfi<r.>ttous lnoluµedll'n!tH!s lWP, . . .

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exi&tt A • Pag412, offo'
8·18-20 / µS-29
6-1-21 / 6H-36
7-19-22 / 4X-50
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. (@maf6¢i' llexuovai :Sl~ Ifbr.tn '(P.a_ge:2~ofi 4)·
Bl)) COVBR LB'l"PER
The Ho.tiorablo Mn,roNCnd OlW esi11noJI
San G1em:ente, California,
Ladles lllld Get1tlemen:

Ill ~P.U&11oe With .t,bti pr6l>Pslil c~fHM therefore; t1'll vud~'11JWJ~1 llJIY,!l)g l\l!l'efuUy l'Olld all <loowne.n(6 relat~ilito \hls•vr9P,p:t~I, lter\lby pro.po~e$ t1nd a:grees tw~M1ide Omffitl Removal tn the·City-ofSIUl <;lle1,neilf\;,;~lifq1'fli3 fu llc«itda.t\oe Vl'.flh jtll oAll\01~1,o~•llfl,d f!te followlttg, . '
Thl11 ls to be a thro/ (3), year ~µ1:tapt;'Qt, ln{\J,Qr P,l)rti.Pttllm:oot, :ii~~.ed Ot) the, CitY,11 ilBCll1.ye~ beftinn Jcly 1 of oabli. ~~~r. :~nd et)dlug on J~na· -~O o~· ~~ '(q!Jgwfn.!t y,ear> wllh an hiliW • • • • : •· , . o~ • •e 3 • 020. l'li'e •©itY, •may cl:\obse to exfoud ~ho ,("..on,ttaol,tepn 11t-th1:1 CJJt~s9f~ d!s~on aMby mutu· '®li.s'cnvb''f ilie ~}y·aM €ontraot<~r-1 with tho op lion of two one,yedf elderlsl'o1is·f~, a po1enfl41 tofal oontr~Qt,t~rm\oli:flve f<il\rs, IJ'M. underslgu~ •f:ertiflcl ,tb.nti~lf ctocgpmtls rt'l~t~~ Pi: tlt~ P,~4?~~1. Jiave bll(lil J:CJJd and und~rstanch .:ill ·~.'1'1.'nls, iul'd.,!)\lxi'g.!tjob.t reL.tiia tl\ei'llto\ nn~;.in 1~n.fo~nlt, with th.e tenn~ all'd oon'dittons,,do~,hilfti~y•pfopo,e,torfhe City of S~n 01ellf\\.Jltta11 followsl f'4lt,(Qlt)~I Contr~t r,un :Manuatyj,12018 ,(Orgugh dtlOQ St.z9W Montttly tct~•far•17fo9fltm A$1ojll,1J,: • $ .. ~ .,.:.,~ mif·monf11 ' . (F'or dedloa!ed'phb{IO f!oe,;'ll11&~~ng .fl~Mco, lldllilll!StniUv~ ~1'1101\l'IPI, h~P.fO a11<J,.iifle, photos, m\'ltarlale, Doe$ not l11cl4(1ll 0~~•1!l'ramo\ral f~bor,) • Labor:
1 man IJNlW: $ AA per Mu.i;
2•,man «wr. ~ /JC,' oor bouz
eq~lpl'ne'ht•-1Pr~sura,\l{aaJiof- $ tb ?-per,hQvr,
'fwo man orE!W·Wllti•l)re$aurewa~ .$ .~ ..,. oer.6,o1~:
'w"i;M~da,v.after:!iqJis:lletvloe: $~ ~, peffiour,·Y.~~ (Jt,'in~·-rJ)r:, blllttf d~iQ '(For bllllng•pvrpos&e, ·eflet-houtli•~l!rvke Is ~fore e:ao i!M and alter 4:0?:vm)' · ' W~kendatfd1Ml1Bayoallo0!1 $ I~ bWW.!!n _PM,w.,·Jt¼:>riht:&'nllW td.ell"-1 Total Ag{itetJ!ltttH¢Url;:, r.t,,t~f $, IJSO •Pfit ho_yr croiat uf ail aii.oya hOUrl)'@fes,C,l)mblned} •
E!<htblt A• PlilJO ll ol 2G
8-18-20 / 6S-30
6-1-21 / 6H-37
7-19-22 / 4X-51
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' QltY 01rsAN OLBMENtt:

Graffiti 'Removal Bid 'F:6rm tPa·g~ ·s of.~> I '
fibr- 1 sS. QQilo~·a~ ~~~~ar:,§xtens)oll :(July 1.;2020 :thrqul}h .Juna 30: ioro Mon'thly, f<tl1 for fll'Ofifaril samlo,:· ·$ ::5'l • . _, II / d f (ffJf ded!9Qb\1d phooo irn~,1answe'/lng !qrvlo&, adrntnl$\ro1t1ve p,oraorlriel11' f~rii:t1hd,aft11r l>hatos, nu11arlals, Ooe$•n~! 1n~lu4a prattlO r1inlo~ai labor,} • • • • .

Ubor:
1 ,nan.dew: ·$ 1 lfk2, ,,tJ&f hour
2 ma~ crew~ s d,O ~ baur •
e.4111pm$nt - Pr~~u~a: Wa11her• • i 1,0 - roar hour
,wo ·man crew. wltlf prcsGure washf!rt S 590- Q&C hall'r· -W.ee~~ay;afier•h2uri,tarvloo: , L4e . liQr·ho\ll'.(.111~ JOf'tt./:/te.~iH"W e:1~ ,(J:or p!lling purpr>~en, an~r-h~,llr8•B~l'\llde11s bofor& 8!30 am and•afte{14:oo prr,j • Weekend and'hoRduy:~noiit: $: /~ par'hou'.n, •/.»?i9t1 «>P40-¥A!> rr,,w ~6'"AJ '
Total A9gregat~ fiou.rly t<~tc.: ' .$~:,;i~ pr, he-!!!
(-Ttital.of'a11 above Mu~y mtes o/,Jmliln~) •
•(Total•of ab abovo houily,ratas oomtitned>
. ft?i .2nd, pptl~n~l,~1'.-iYeatiExtensiop '4,;1.u& 1,:ao.n throvgli ~u~2 !O. 2~~) ·Monthly fe; for progranuufmtn·, 1 $, i?~~ ;--- P@r-month, . . (Fof 4\¥lliiat~sr p~t>.11~ 1rne, ~~riliY[~~.so~[r.lbi. aaml11ls!r!IU\/a ptrsono~i '.b.~f9re'ar;id ertet photo$, mate~aJs, Oa~$•no\ 11\cluoe gN.lffl,11 le!'!IMsil abot.) l.t1bor:
t m1111 craw: Ii 4.,t!J mu:l1ot1~
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f,cJ!!IP~/lt' ... F,l(l'4!1U.,:1;t 1'<cl)1~W ~ 1.dJ-r ~~ho~~ .,'w~ niai:, .1Jrew w1ltt,p~es!l11ro·~tt~: ;£. o1Q .1.-- ®I'. hgyr ~li$k?~Y.•,aflef.ittbyrs,so~loe:•. . ·s, ¢"<;? ner•lio'lf>· I~) ,t:>ri,~'R'JQ #1/'o/l(Cl~ (For-l'l~lh~·pu~pua~1 (lfter-Muta· aervloe-ts bofon) 5:SO am and ,1wr•4:p'Q Pm) • •W.~ehij anll.hol!day,Qa!lf>Uh ,, l&lCq . P,OC MQC ./ ~ r;-;4() (i.A,. ~~,tt~v l'C>UII ~bi'ogatll ,Hourly R4~1 • ,. E3 e;-o mr bout
(r olal of a!1 11ibQW ~url~r!!ln COMP!ned)
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6-1-21 / 6H-38
7-19-22 / 4X-52
'(lr-aflitUte:mov,E,al Bid· JB:or.m:
(Page 4 of, 4)
N0.'1'~1 nid1l'dce ltlehtae~•l!lltiij!(m; uio·au.it/o.r ~ther tiix'es\aP,plilll\~l~:~,t~e,nbow, 'rhe-utidepilgned,fias1cl1e*ed ·Cjl$<1J\11lt, aU thQ;atiov; Ugµre~1ffnd,t1!\4<irll.~tt\!a lhpJ tbe Oity of S!lh . Clemente ~all ·not bo tb3jlofl~lb1~ !QI' ®Y e,tors or '<.tlnlsslon~ ~Yii tlid ·tnrt:of the lll\derslsnti<l tn making 'LlP" this bid, ·
.·,t1~bJ-7_ Date
.C. Jt~<i I'"[ • d-. /j,tfl;t'(/.tl, ~ f,-e,r-S') J~ c,, Goinpll.liy {Please Print) ,·
__ c;__.=...;,:. ea _____ .__._,. _ _ __ 1ltlp
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1.et~h o#• . , &f ffil' e 1:f~@J: :c l·tJ:C .• ,c;_.flfb· '.B;nw.H M~t~
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7-19-22 I 4X-53
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November'28, l017
·:tt. Stcwart·and Associates., I:nc,
• 1000 Calle Negodio
San Clemente, ·ct\. 925i3
(~r~9) 498-92S0
FAX (949) 498-4961.
•• 'Mr, Randy t.11:tle, M.alnteniint(l,.Manager
Maintenances Se'rvlces Diylslon
Cltv of San Clemer'lte
100 Avanlda Pre$ldlo
San·Clementa, CA 92672.
~'eql}est fot: Prop,r;sal; C;lr(Jffltl Ren'i'oval -·RFP 11"•Z0l7 oear Mr, Little,
·Stewart ahd Assoplates has bee'h,the City's graff!tl r~mo·v{l1 oovtr~Q.ts,rsli:i.c.o the summer of'2007, wHen It began as a pilot program1 lhe•,pregrarn wa,s sent ou\it<1 :mo.r-and as· the low bltldar we • were awarded iti'e c,onttact, We would like to contlnueithls work,1by·submlttlng t~ls requost for _pro,posal.

I Our ekperlence wlth•gra,ffitl thr.otJ~hoot the City ha.'l e~abled ,ull, to' be!iome familiar With all ·aspects of ~raffiti tembval, 'ihcf\.fi:li_hg thEI admlillstr.iltlon of the,1pl'ogr11m, The fo!lowlng Is thti procedUffl we have lmp'la'm'en'tea·p·ursuantto the.requlr~m~r,~s•of-qure)ilstlbg contract: We have .establl~hfld a 24 hour gl:affltl h'otllne that, ls tnonltore~ 7 ila.y~ aweek1 W.e a/s9, recelye reports Qf graffiti tnrou2J1 \he, mt~; t~s.k. fo.rSie. pnd 1he City wpbslte1 O.hc~rt~e'.,graffltl has been teported, ellherCarla Mortensen• or O~li!se-Stewar.t (sea organlz!ltl,orl ~h'l!t.tj talls·,the•reportlng party to aokno~vledge we·rece1v~cJ\tneln:a!1, Aworkshe~t Is fssueU·t"o Gregi:,r•fMf..l'n'aeaux, Supervisor (w~o adds i to a bther-crew· metn'bet,$, b~sed Pl1 the slu!' bf. tl'la1 ghiffltl), ·ph6t"os are taken ttnd thEi • grafflti:ls reoioved by power Wi'l'shfng,-siin~l'.ilastlng /sldeWalks; conc'i'ate1 etc,), painting over or ~r,af~U remover. Carla or 'Denise then document all lnfdrma~loh on a g~affltl lqg, t<mslstlns of d'ates:reportetl Mct .11,-cattons o'f,gtaffitr (addresses.and longlti,l'dellatlt1fde,lot'atl9n~), source and. a·ate r,t reroo~al, Photos. are t~~n el~ctronkall'l postM ~o the Orange County .Sher.lff's pe~ar,tment liag Site, this 'ehables,tho departrnont'to ,track the "slgnatllres.'1 of hsger:s, ·wlilch he0lp~ tn tfle,p·rosadutldn 0Hagg1irs tlir:oughout the coyj'lty(04r sfaff'Ms appeare~ In co~rt Vv'lth our documant,ed recoras•to assist In these prosecutions, W,eith'ln s4.bl\'llhhe graffltl'loe-,·phot'os and billing each mQ.nlhr on.e tp ,th~ Clty·and. one to B'aacttes areu·P~r-ks. . • • .

Having our'bo\'ne.and qfflaa.'loeated 111 S\ln Clemente enables us (o:oe,ijvalliiijleofor all services on a 24 hour ~a$ls. Toe proJaGt·@IU be managed from our office loc;ateef ~t 1000 Calle Nesoclo, ,San ;l/.,'y-M¢1o_\il' __ ;g,-I~-, - ~- a.l, -- 1!1J _ r,_,~i,,r;l -•. , ... ~$,- ~-lh;\:ll - ~~1Ffi -. !ffl ""'.'. . ":"" ,lj!i!<l -,l~•~- l/lld ----:, ,do,)--.,---~1~i~'.T¾,-::: t7--~[;)(;~p~~.t)i¢/20 8-18-20 / 6S-33
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7-19-22 / 4X-54
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1(-;i~m~itte, Ct< 9267.3, ta~h ·ta'am member vii!! devote -as niahY lioli'f.s:as Is n.ecessary In order to !cr;imp'lete:aacfr·task1aet0r~IP.g\o ~he ~ontract. • •
'Ttils proposal 'Is In ,strlct.complian·c~ Wltn the R~q1.1e~t for Pr.opofal and Draft: Agl'eement and 110 exl)eptlons to elth~r pre prlSposecl.
1'he propos'ed prl<:~s·wlll be:Ya//,a .for a period of 90 ~ays, , We cons)der It a prtyllege 'to Y,1or~:1n our community and hqpp t.o •be,,pblc to continue provl~lng graffll;l remc,.val services ..
.
. N~,
~ewart
References:
iRoiH,amllton, Public Worl<s rvfanag_e~
City of San Juan Gapltra_no
32400 Paseo Agelanto
San Mm Capistrano, CA 92.67..5
(9S9), 44H>S 65
Zl~d Ma~boudl, Engln~erln~~er-vic.e$ Manager •
City of l:ttgu na f.Jlguel •
30~11 Crown Vqlley Par41Nay •
tag!,1,11a N!guel, CA 92~17
(949),'36z•434l
Ray l'.ar(i/e, '11te Sarvlcei;
City bf'Laeu fl a Beacli
sos Foriast Awfrtlla
kaguna Be11<:t< CA S.26$2
·(949149.7-'Ci756
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~hlbit A· Page :t1 Of20
• B-18-20/6S-34
6-1-21 / 6H-41
7-19-22 / 4X-55
f~hlblt A• Pago l!! of 2ll
8-18-20 / 6S-35
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6-1-21 / 6H-42
7-19-22 / 4X-56
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City of' SaJl Clemente
Maintenance Setvlces Dtvlslon
OFFICIAL NO.TICE .. (
, November 20, 2017 .

TO: ProspecUva•Bl~ders
RE:

FROM:

R.equest for Proposals (RFP}
RFP fA: GRAF'FtFP. 11-2017
Graffiti R'?moval
Ranoy Little, Maintenance Ms nag r
suaJECT: Addendum No, 1 to the Subjeot Request for-Proposals • ' . . . iranl:lh1/tted· herewith Is Addendum No. 1,
"The Contractor shall sign thJs•pagf:! as acknowledgment of receipt of Add,mdum • .,No, 1 .!W,d iittt,ll!h ~gtJ1,(2) pages of thts notlM to 0hls/l\er blc! proposal, !:lids WIii' • not be r.tcce~ted wlfllotft fhes~ pages completed and attac.h'ui:I. . · We aoknowle_dga recelpt•of,Add~l}dum No. 1 for the·alloVe;menUonad RFP and hereby accept Its tetms and condlllons as part of our bid. .
~~,.;~ ti'J .s,1&r~r
COntraotoJ"ij Name (please prin◊
• contre\6tOta TIiie (p/oa.se print)
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($.$~ (:$,~ fA/c_,.,
Contractor Comp se print)
Dato
E'A1lb\t A , Piae jJ! of 20
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6-1-21 / 61-1-43
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· City,of S~n e·J~mante .

M'itf ttt~na'hce. ~rti~vi!ai Dlvi1!on,
.November·20, 201;7
To: Prospeofl've. Biddor$
Addencfum 'No, ~ To Request Ir.or 'Pi'oP.os·af s (RFP) G'" l'lit"t "Dem"'' ~at 'RFP" Gtt.i ,tt.:• a:,,.:~. ~· .. ·-2b'1'7: · · .r.a,1 ,,,, ,mO, )' ,r ~ ... J"\ Ji' 'I i

1. ~:' Sh~ll~ r~portfng party btJ oal!e,d •to.1p,9nijrm·•\VG. r.~oaJved ~11/e.n,all and to vertfy looallon:r • : .

Bi~!!®~: Yes,
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2, Q,yestlom ·-s~P..YI.~ W~~fellowln~ lnt9rmaJJ9.n ~ IP.gg~d ,i~dJh~_rr~9ords m'alntfilned for1ft{l~t.eil1se by-tne City o1'~a'f:) 01~~~'iite)1 the ocso l!tnd orange County r~~ger0Sl.tt1::Qate graffiti sul:lrnltted1 1oeatlbn,:·r~p,o.rtln9· patty telephone m1mber l?l 1ih:i~t1 •~fl.<1r.e~s,,Task For.oe,C.RfvMi l~tit~lfe1a.r,o lol)gltode.of graffiti looatlon at'ld d$1te,,totn~leted? • • B,es~oosit/Gta'rlfloatlob: Yes,
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3, ~ • .lil~g~ctjtqg l;~~lblt A • Scope or services rm~ ,spe<ilfleatlons: #4 S, ShoOll;f pho\os also ije',~legb'imlcally,m~ll;t'd t~~tM Qfan'Q'eiOounty Taggers Site? Nap, $ho1.:1f d'p~Q.fos:be eleptrontoallt·mallt'i'<I to th~:0rarige County Taggers Site within 8' houra tf1r'eihova1 nr graffiti? . • •
Re,p0psa/g/l@dfl00Ufm1 Yes and V(3S,
4, ~I ,W.UJ 2 s~Mra\e bllllngs ba,niqulred; 9r,e·ro.,r:©1tsi•looatlons•and ona for · b~actitW~'lild par.ks locattons?· •
(it~sporis'~lCJhi:l11Mtlp1J: No,
. 5, ~11.rul: In theievent of prosecution proceedings wlitappearanoe In c<iurt (with reco.rds) to ·testify be .reAUlred? .

JmpgoseZ<:!!~rltjruitlon: Yes,
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ATTACHMENT 3
FIRS'f AlVIENDMENT TO
PROFESSIONAL SERVICES AGREEI.VillNT FOR •
· GRAFFffl REMOVAL
This First Amendment to Pmfessional Services Agreement for Graffiti Removal (this "First Amendment") is made and entered into on this __ day of August, 2020, by and between the CrrY OF SAN CLEMENTE, a Califomia municipal corporation ("City''), and E. Stewart and Assodat~, Inc. ("Contractor").

A. City and Contractor entered into that certain Professional Services Agreement for Graffiti Removal (the "Agreement") on Decem1mr 19; 2017.

D. Section 1.1 of the Agreement specifies an initial form through Jtme 30, 2020, with the option to extend the total Agreement term by up to two (2) one-year extensions.

C, Based on Contractor's excellent perfonnance, City and Contractor desire to amend the Agreement to exorcise the first one-year Agreement term extension, to provide for Graffiti Removal services through June 30, 2021.

D. The maximum payment amount of the Agreement shall also he increased to correspond to the new extended term ~f the Agrcenient.
_CQVENANTS: .
.Ses;tio111: Section 1.1 of the Agreement titled "Term" is hereby replaced in its entirety w!th the following:

1.1 Term.

The term of this Agreement shall commence on the.Effective Date, and shall oontinue nnd remain in effect, until June 30, lQll~ :wi~!:!@ofone 0) addj~one-y;;;l:ll' extQlllllon, unless te11ninated earlier pursua11t to tho terms hereof. Notwithstanding the forgoing, the City Manager or his or her dcsignee shall hnve the ll}lthotlty on behalf of the City to administratively approve extensions to the teqn hereof not to exceed a cumulative totnl of one hundted eighty (180) days. ~.9.!!Z: Section 3.1 of the Agreement titled "Payment s·chedule: Maximum Payment Amount" is hereby replaced in its entirety with the following:

Prior to the tenth of the month, CONTRACTOR shall submit to CITY a monthly status report aucl invoices itemizing the services rendered during the previous month. Within fifteen (15) working days after receipt of an invoice from CONTRACTOR, CU'Y shall determine whether and to whut ti.11.teut CONTRACTOR has adequately performed the services fol' which payment is sought. If crrY determines that CONTRACTOR bas not adequately pcrfotmed such services, CITY shall inform. CONTRACTOR of those ( __ . l:\cd\enjJllleorlng\soc_ure\ajll',ln\2020'.0•18·2Clntt 111\a!t 3 ffr;t er.,nndn,onl to psa.docx Pnga1of2 8-18-20 I 6S-38
6-1-21 / 61·1-45
7-19-22 / 4X-59
nets which are 11ecossa1y for satisfocto1y completion. Subject to the provisions of Section 5.2 below, which provide for the City to withhold payment in the event CONTRACTOR's insurance cxpil'es during the te11n of thls Agrcei:nent, CITY shall cause payment to be made to CONTRACTOR within fifteen (15) working days from CITY's dete1rniuat:ion that CONTRACTOR has adequately p~rfmmed those servioos for which CITY has been lnvoiced. In no case sllllll CITY pay in excess of each line item set forth iu f-l)W.111.il'.½~' for any particular task unless approved ru1d authorized by the Cfi'Y in V{riting (applicable only if &hlhi.l'..'.A'~ bref.ks down tlto Scope of Services on a line item basis). The fee (".Maximum Annual Fee") for the Scope of Services set forth in Exhibit "A" provided dtui.ng Fiscal Year 2021 (i.e. period from Ju1y 1, 2020 through June 301 2021) shnll not exceecl NINETY-FIVE THOUSAND, TWO HUNDRED DOLLARS ($95,200.00). The Maximum Annual Fee shall be inclusive of all amounts payable to CONTRACTOR for its ovorhcnd, payroll> profit, and all costs of whatever nature, including without limitation all costs for subcontracts, materials, equipment, supplieis, and costs arising from or due to termination of this Agreement (the "Total Compensation"). fuig,tion 3: Ex.cept as expressly amended by this First Amendment, the remaining portions of the Agreement shall 1'emain in full force and effect.

IN WITNESS WHEREOF, the parties horcto have caused this Fourth Amendment to he d~1ly executed on tho respective dates set forth opposite th~ir signatures.

CIT'Y CLERK of the City of
San Clemente, California
Approved as to form:

BEST BEST & KRIEGER
City Altornay
Financo Authorization

CITY OF SAN CLEMENTE
Dy. ____________ _
Its:_·-·----~-----"--
Dated: _ _____ ___, 2020
B. STJI ~YAlIT.MQ.bBSOCIATES. INC . . ("CO:NTRACTOR")
Its: ·-------------
;Dated: _____ __, 2020
·- ·--·-"· ·~-----------------=---------- /;1C~~ir.aellng\seiluro\aclm,n\2020\0·18-20ln!t 11ilstt3 flr&I nmondmcd to p!lll.r!ock Pago2 cr2 8-18-20 / 6S-39
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Department:

Prepared By:

Subject:

Fiscal Impact:

Summary:

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Discussion:

AGENDA REPORT

AttaGhJllent 5
Agenda Ito:-,, !j~
Approvals: ~
City Man~ger _ ) ~
Dept. Head • .. -· Attorney
Finance
Yes. The pro-rated contract amounts for the remainder of the current fiscal year will be within the approved FY 2019 budget. However, the proposed contracts have been adjusted to reduce contract amounts typically reserved to support special events. Staff will closely monitor these costs but additional funds might be needed later in the fiscal year depending on the number of special events and types of services needed to support them. Beginning in FY 2020, it is estimated that about an additional $250,000 from the General Fund over the current FY 2018 aggregate budget amount will be needed to fund these maintenance contracts. The contracts reflect current market conditions and now Include p~evailing wage rates as required by State law.

This action is to approve now multi-year contacts for various Public Works maintenance services as further discussed below.

In June the City Council approved temporary extensions (up to six months) for a number of Public Works maintenance contracts that were set to expire at the end of FY 2018. Since then, staff has completed the process to solicit proposals and recommend maintenance contractors for most of these contracts for the next contract period. With the recent proposal solicitations, staff took the opportunity to consolidate and re-organize the old contracts into more logical groupings of related ·work. The attached table shows how the old contracts were consolidated, and also lists the recommended contractors that would provide these services for the next three years.

All of the contracts include options to add up to two (2), one-year extensions for a maximum term of five years on each contract. However, these extension would require advance City Council approval to extend the term and approve the corresponding cost.

The solicitation requested proposed costs for three fiscal years starting with the cmrent FY 2019 (i.e. July 1, 2018). Since the new contracts would start on November 1, 2018 if approved by the City Council, the table presents a pro-rated FY 2019 contract amount based on eight months remaining in the current fiscal year. Almost iilll contracts include a base component for ongoing, routine maintenance services, plus a supplemental amount that is similar to a contingency amount and used asneeded to support various special events, athletic events, unplanned damage repair, etc. Supplemental amoLmts for FY 2019 have been reduced from prior years, which might impact the ability to support speciat events or perform additional as-needed - -------· ... --.. ~--~--- - -------------·- - ------ Public Works Agenda Report OlGt
6-1--21 / 6H-47
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Agenda Report Page 2
Recommended
services. Also, if the contracts are approved by the City Council, staff will make adjustments to a number of individual program line items to ensure each contract is properly funded, but the total aggregate amount will not exceed to current FY 2019 budget approved by the City Council. Finally, the table also shows the expected costs for the remaining two years of the initial contract (i.e. FY 2020 and FY 2021) and the expected total three-year cost for each contract. Note that the Water Facilities landscape contract is funded by the Water Fund and not the General Fund. Al&o, staff is in process to solicit bids for street sweeping and street sweeping parking enforcement, but these are funded by the Clean Ocean Fund.

Action: STAFF RECOMMENDS THAT the City Council approve and authorize the City Manager to:

1. Execute a maintenance agreement with PSFM for infields and track maintenance with an agreement end date of June 30, 2021 and a maximum agreement amount of $1,202,680;

2. Execute a maintenance agreement with Animal Pest Management far landscape rodent control with an agreement end date of June 30, 2021 and a maximum agreement amount of $111,300;

3. Execute a maintenance agreement with Ed Stewart & Associates or city trail maintenance with an agreement end date of June 30, 2021 and a maximum agreement amount of $333,912;

4. Execute a maintenance agreement with Colts for parks maintenance (west of 1-5 ( parks with an agreement end date of June 30, 2021 and a maximum agreement amount of $1,451,248;

5. Execute a maintenance agreement with Priority for parks maintenance (east of 1-5 parks) with an agreement end date of June 30, 2021 and a maximum agreement amount of $2,174,504;

6. Execute a maintenance agreement with Colts for beach, beach accesses, and pier maintenance with an agreement end date of June 30, 2021 and a maximum agreement amount of $374,736;

7. Execute a maintenance agreement with Colts for streetscapes maintenance with an agreement end date of June 30, 2021 and a maximum agreement amount of $581,504;

8. Execute a maintenance agreement with Greentech for water facilities landscape maintenance with an agreement end date of June 30, 2021 and a maximum agreement amount of $117 .400;

9. Execute a maintenance agreement with Lippert for playground safety inspections with an agreement end date of June 30, 2021 and a maximum agreement amount of $87,531; and
10, Execute a maintenance agreement with Trinity for janitorial services (including exterior restrooms) with an agreement end date of June 30, 2021 and a maximum agreement amount of $457,190.

Attachment: Contract summary table.

Notification: None.

S:\cdlEngineerlngleeGure\Ac;lmin\2018\9·4-16i9-4· 18-7 r.docx 6-1 .. 21 / 6H-48
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. i FY20-21 Three Year Total 1
Old Contract New Contract Recommended j Pro-Rated Contract , 1 Contract Vendor I Amount for FY19 Contract Amount i
Amount {FY19-2.1)
Steed Park Maintenance, VH I Infields & Track
Parks Maintenance Maintenance t PSFM $306,920 $895,760 $1,202,680 I
Landscape Rodent Control Same i Animal Pest I Management $29,400 $81,900 $111,300 : Beach Trail Fence Repair i
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Beach Trail Maintenaru:e City Trail Ed Stewart& $69,728 , Maintenance Associates $264,184 $333,912 I Inland Trails Maintenance i
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Sea Summit Parks i I i
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1100 ECR Maintenance, I I '
West of 1-5 Park I j
Communrty Center, Ole I Colts l $1,451,248 !
1 Hanson Maintenance I $347,822 $1,103,426 l
1 Park Maintenance l i I
I l I ! l '
Park Maintenance l
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' I I Negocio (910 & 1030) I
Landscape
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East of 1-5 Park ' i I Priority ' $537,376 1 $1,637,128 i Steed Park Maintenance Maintenanre ' l $2,174,504
I I V"JSta Hermosa Sports Park i I
1 Maintenance 1 I t
j Beach Maintenance I
. Beaches, Accesses & j I $99,616 1. s21s,120 I Pier Maintenance Colts $374,736 l I
0) S) I
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I Streetscapes j Same j Colts ! $U5,376 $456,128 $581,504 j I I Water facilities Landscape Same I Gre€nTech $28,600 I
$117,400 I
! Maintenance
$.88,800 j
r Playground Safety ' j Playground Ma1ntenance Inspection Lippert $21,931 $65,600 I $87,531 j Sea summit Restrooms
!
I R •
Janitorial Services
j estroom Maintenance including Exterior Trinity $104,505 $352,685 $457,190 Janitorial Services
·7 Restrooms
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AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: March 19, 2019
p;..aj,--:ret1lf£3f1'ttnOll'ICtY
Attachment 6
Agenda Item °l!1_
Approvals:

City Manager -~-
Dept. Head~
Attorney ·--
Finc1nce(,i1 •
R'
·~·-· •. - ~------------------------------
Department:

Preparecl By:

Subject:

Fiscal Impact:

Summary:

Background:

Public Works
Tom Bonigut, Public Works Director/City Engineer
Randy Little, Maintenance Manager
APPROVE MAINTEN,ANCE AGREEMENTW/T/-1 OMNICLEAN FOR JANITORIAL $/;RVICES, Yes, Tho agreement amount for the remainder of the current fiscal year will require a supplemental appropriation of $48,907 from the General Fund, a supplemental appropriation cf $3,200 from the Water Fund and a supplemental appropriation of $3,200 from the Sewer Fund. Agreement costs for Fiscal Year (FY) 2020 will be included In the proposed FY2020 budget.

This action is to approve a new multi-year contact to provide janitorial services at City facilities.

In September 2018 the City Council approved a maintenance services agreement with Trinity to provide janitorial services for City facilities and restroom buildings, This was for janitorial services at all City facilities except those at the Municipal Golf Course (refer to the attachment for complete 11st). Trinity started providing service In November 2018, but the agreement was not signed due to ~ome cohcern regarding performance bond language that was ultimately cleared up with the City Attorney, However, Trinity kept postponing signature of the agreement and submittal of the performance bond. Recently Trinity Informed the City that It could not provide service to the City, but would rerriain for up to 60 days to allow the City to contract with another janitorial services provider,
Dlscttssion: Trinity was the lowest cost proposed from the Request for Proposals (RFP) process conducted In mld-2018. Staff reviewed the second lowest cost proposal but found that firm's experience very limited, ahd no experience with a client similetr in scope to services reqL1ired by the City, The third-lowest proposal was Omni Enterprise, Inc. (doing business as OmnlClean). OmnlClean had been providing good service to the City until being replaced by Trinity, but at a higher cost than Trinity, Since the RFP ·process is still fairly recent, staff recommends Clty Council approval of 9 maintenance agreement with OrnniClean to provide janitorial services to. the City through June 30, 2021. omn!Clean's proposed cost is more than double that of Trinity, but is more competitive than the total cost for janitorial services in FY201 8. The proposed cost for the remainder of the current FY2019 is $102,521.25, which Is about $57,651 more than currently budgeted, The proposed FY2020 cost is $410,085 and the proposed FY2021 cost Is $430,589.28, which will be included in the proposed FY2020 and FY2021 budgets. With execution of this agreement, OmniClean will provide a performance bond in an amount equal to three · months of the FY2020 contract Public Works Agenda Report 3-19-19 / SA-1
6-1-21 / 6H-50
7-19-22 / 4X-64
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Agenda Report
Recommended

Page 2 ends

amount, or about $103,000, This will be to secure performance under the contract, and to have the bonding company be responsible for securing services in the event that OmnlClean doesn't perform. The bond amount ls recommended at three months of the annual contract because that ls the time estimated to conduct a competitive process to select and hire a new janitorial services company If needed.

Action: STAFF RECOMMENDS THAT the City Council:

1. Approve and authorize the City Manager to execute a maintenance agreement with OmniClean for janitorial services for the period from April 1, 2019 through June 30, 2021 at a maximum agreement amount of $943,195.53;

2. Approve a supplemental appropriation in the amount of $48,907 from the General Fund Lindesignated fund balance to the General Fund janitorial services program line items In Programs 617,635, and 636;

3. Approve a supplemental appropriation In the amount of $3,200 from the Water Fund uhdesignated fund balance to Account No. 052-461-43480; and

4. Approve a supplemental appropriation in the amount of $3,200 from the Sewer Fund undesignated fund balance to Account No. 054-471-43480.

Attachment: List of facilities.

Notification: None.

S:\cdlE::ng'noerlng\oacure\Admln\201913-19-1913-19·19-6r.docx 3-19-19 / 9A-·2
6-1-21 / 6fl-51
7-19-22 f 4X-65
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2 3.
4 6
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21 i,-. ....
22 23
24 25
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27 2.~
29 30
31 32
33 21..
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Public Works Maintenance
Facilities Included in Janlt9rial Seivlces Contract
Janitorial Contract Cleanina Location
Cltv Hall -- 100 Presidio Bulldlna fuooer level onlv)
O,C. Sheriffs Substation (lower level onlv)
Utilities Division Water Admln. Ottices - Bldg. N
Utillties Division Sewer Admln. Offices - Blda. J
Utlllties Division Sewer Ooerations • Bldg. H
Maintenance Services Division Offices - Blda. A
Communltv Center
Ole Hanson Beach Club
Animal Sheller (CASA}
Tierra Grande Park After-school Proaratns BldQ.

Aauattc Center• Vista Hermosa Soorts Park
Vista Hermosa Soorts Park~ 3 Restrooms
Vista Bahia Park • 1 Restroom
San Luis Rev Park• 1 Restroom
San_S,g[il~Dlo Park -1 Restroom
Max Bera Par!< - 1 B,estroom
Bonito Canvon Park -1 Restroom
Forster Ranch Park - 2 Restrooms
Marblehead Park -1 Restroom
Llbertv Park • 1 Restroom
Tierra Grande Park - 1 Restroom
Taleaa Park• 1 Restroom
Rancho San Clemente Park - 1 Restroom
Richard T, Steed Memorfal Park• 1 Restroom
Ralohs Skate Court -1 Restroom
Can~on View Park - 1 Restroom
Vista Del Sol Park - 1 Restroom
Pico Park - 1 Restroom
Jim Johnson Memorial Soorts Pk. - 1 Restroom
T-Street South • 1 Restroom
T-Street North - 1 Restroom
Base of Pier - 1 Restroom
Linda Lane. 1 Restroom . .. I--''--
North Beach • 1 Restroom
Pier - 1 Restrootl'I -
... Mad.ri!L~afetv
Address -
Jli.9 Calle Neaoclo
100 Avenida Presidio
100 Avenlda Presidio
380 Avenlda Pico
380 Avenlda Pico
380 Avenlda Pico
390 Avenfda Pico --·--- 100 N, Calle Seville
105 Avenfda Pico ·-
221 Avenlda Fabrlcante
399 Camino Tierra Grande
987 Ave, Vista Hermosa ··- 987 Ave, Vista Hermosa
50 East Macdalena
109 Avenlda San Luis Rev
2916 Via S!3n Goroonlo
1101 Calle Puente
1304 Calle Valle --- 3207 Camino Vera-Cruz
2400 Via Turaueza
1 390 Calle Sandia
. . .. ".
399 Camino Tierra Grande
179 Corte Cristianltos
150 Calle Aoulla . 247 Avenlda La Pala
247 Avenlda Lafata
18 Via Artemesla
111 Avenida Costa Azul
315 Avenlda Pico
450 W. Ave. Vista Hermosa
Beach
Beach
Beach _.. __ ....__. _ _ .. ,
Beach
Beach ,
Pier
Beach
-
-
--
........... -·-··-
3-19-19 / 9A-3·
6-1-21 / 6H-52
7-19-22 / 4X-66
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Department:

Prepared By:

Subject:

Agenda Item 4V
Approvals:

AGENDA REPORT City Manager ~ Dept. Head

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: July 19, 2022 l ,--) Attorney <...

Finance & Administrative Services/Finance Division
Erik Sund, City Manager
PROPOSED TAX LIENS - 2020-2021 WEED ABATEMENT AND 2018-2021 STORM DRAIN/CLEAN OCEAN CHARGES.

Finance :n ,1../
Fiscal Impact: Yes. The City should receive the remaining $18,058.72 as prior weed abatement revenue from fiscal years 2020 and 2021 and $12,255.55 of Storm Drain and Clean Ocean fees from fiscal years 2018, 2019, 2020 and 2021 .

Summary: The Finance Division based on a review of outstanding receivables prepares a list each June of unpaid Weed Abatement and Storm Drain/Clean Ocean invoices. Those lists are presented to City Council for approval for these assessments to the Orange County Tax rolls. These charges are eligible special assessments to be added to the tax roll, staff believes this process represents an efficient method of collection of the outstanding amounts due.

Background: The Finance Division processes invoice payments for the Weed Abatement Program and Storm Drain and Clean Ocean Programs and converts any remaining unpaid invoices to tax liens.

The County of Orange requires assessment submissions for the 2022-23 tax rolls be submitted on or before August 10, 2022. Staff typically presents the request for Council approval as close to the County's cutoff date as possible to allow property owners the maximum amount of time to pay the outstanding invoices prior to filing tax liens.

Discussion: Weed Abatement
The City's Code Enforcement Division oversees the annual Weed Abatement Program to mitigate the fire hazard of weeds and debris on vacant and unoccupied structured parcels in San Clemente. Once cleared, property owners are billed for the abatement costs. Finance processes invoice payments for the Weed Abatement Program. Any remaining unpaid invoices are converted to tax liens and submitted to the Orange County Tax Assessor for collection.

On May 5, 2020 and May 4, 2021, City Council held public hearings and approved motions to confirm the Weed Abatement reports for 2020 and 2021, directing Stewart & Associates, the weed abatement contractor, to bill all parcel owners of lots that were cleared for the 2020 and 2021 weed abatement process. Staff is requesting City Council authorization to attach the amount of each unpaid bill as a special assessment (lien) against the corresponding property through the Orange County AuditorController. A listing of the 2020 and 2021 unpaid weed abatement charges, by parcel Finance Agenda Report 7-19-22 / 4Y-1
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Agenda Repo1t
Recommended

Page 2 ends

number, is attached to this report and resolution for weed abatement (Attachment 2 - Exhibit "A").

Storm Drain/Clean Ocean Charges
Storm Drain and Clean Ocean Fees are billed to property owners within the City of San Clemente to develop and maintain the City's Storm Drain system and Clean Ocean initiatives. Property owners with Water and Sewer accounts are billed on a monthly basis while property owners who do not utilize the City's Water and Sewer system are billed semi-annually in January and July of each year for the previous sixmonth period. 4,634 accounts are billed on a semi-annual basis. 113 of those accounts have delinquent balances totaling $15,878.07. Collection calls and reminder notices have proved to be ineffective methods of collection. Collection agencies charge 40% of the balance as a collection fee, making this form of collection, if successful, significantly more expensive than property tax liens.

California Health & Safety Code 5473 grants power to City Council to have these delinquent charges collected on the tax roll by a resolution approved by 4 out of 5 Council members. Staff is requesting City Council authorization to attach the amount of each unpaid bill as a special assessment (lien) against the corresponding property through the Orange County Auditor-Controller. A listing of the unpaid Storm Drain and Clean Ocean invoices, by parcel number, is attached to this report and resolution for Storm Drain and Clean Ocean Fees (Attachment 4 - Exhibit "A").

Action: STAFF RECOMMENDS THAT the City Council

1. Adopt the attached Resolution No ___ entitled, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

REQUESTING THE ORANGE COUNTY AUDITOR-CONTROLLER TO ADD
UNPAID WEED ABATEMENT ASSESSMENTS TO THE FY 2022-23 TAX ROLLS, and

2. Adopt the attached Resolution No ____ entitled, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

REQUESTING THE ORANGE COUNTY AUDITOR-CONTROLLER TO ADD
DELINQUENT STORM DRAIN AND CLEAN OCEAN FEES TO THE FY 2022- 23 TAX ROLLS, and

3. Direct City Staff to file the resolutions with the Orange County Auditor-Controller, thereby placing a lien on the affected properties in order to collect revenue owed to the City.

Attachments: 1. Attachment 1: Resolution No __ authorizing property tax liens for unpaid weed abatement

2. Attachment 2: Exhibit "A": Listing of all parcel numbers and amounts outstanding for 2020 and 2021 weed abatement.

3. Attachment 3: Resolution No __ authorizing property tax liens for unpaid 2018, 2019, 2020 and 2021 Storm Drain and Clean Ocean fees

4. Attachment 4: Exhibit "A": Listing of all parcel numbers and amounts outstanding for delinquent Storm Drain and Clean Ocean fees.

Notification: None.
7-19-22 / 4Y-2
Attachment # 1
RESOLUTION NO.

A RESOLUTION OF Tl-IE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, REQUESTING THE

ORANGE COUNTY AUDITOR-CONTROLLER TO ADD

UNPAID WEED ABATEMENT ASSESSMENTS TO THE
FY 2022-23 TAX ROLLS.

WHEREAS, pursuant to Government Code Section 39501, et seq., the City of San Clemente ("City") has performed work in abating weeds, trash and debris on private property within the City; and
WHEREAS, the owners of those prope11ies listed on Exhibit "A" (attached hereto) have been billed for the costs of performing these services but have not remitted payment to the City; and
WHEREAS, the City desires the Orange County Auditor-Controller to levy the outstanding amounts against the parcels listed as described in Exhibit "A", pursuant to the authority provided in Government Code Section 39577.

NOW, THEREFORE, The City Council of the City of San Clemente does hereby resolve as follows:

Section 1. The City Council hereby requests the Orange County Auditor-Controller to add the amount of the assessments indicated in Exhibit "A", to the tax rolls levied against the corresponding prope11ies.

Section 2. The City Clerk is hereby directed to file this resolution with the Orange County Auditor-Controller.

Section 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this __ day of _ _ ________ _
ATTEST:

City Clerk of the City of
San Clemente, California
Mayor of the City of
San Clemente, California
7-19-22 I 4Y-3
Resolution No. Page 2

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. ____ was adopted at a regular meeting of the City Council of the City of San Clemente held on the ___ day of __________ . ____ , by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this __ day of ____ ___ _ __ _ Approved as to form:

City Attorney
CITY CLERK of the City of
San Clemente, California
7-19-22 I 4Y-4
Attachment #2
Exhibit "A"
2020 and 2021 Unpaid Weed Abatement Invoices
APN Amount
057-013-13 425.00
057-081-12 700.00
057-081-18 450.00
057-102-57 982.20
057-102-58 957.52
057-102-59 914.84
057-102-60 960.16
057-170-22 550.00
060-041-03 550.00
675-171-19 450.00
675-173-68 450.00
675-176-14 450.00
680-301-09 3,525.00
690-081-05 400.00
690-433-11 SOD.OD
691-341-04 450.00
692-121-16 1,287.00
692-121-17 1,312.00
692-121-29 900.00
692-131-06 850.00
692-171-18 510.00
692-171-19 485.00
$ 18,058.72
7-19-22 I 4Y-5
Attachment #3
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, REQUESTING THE

ORANGE COUNTY AUDITOR-CONTROLLER TO ADD

DELINQUENT STORM DRAIN AND CLEAN OCEAN
FEES TO THE FY 2022-23 TAX ROLLS
WHEREAS, pursuant to California Health & Safety Code Section 5471, et seq., the City of San Clemente ("City") has adopted ordinances adopting a Stonn Drainage Fee (Ordinance No. 1120; Municipal Code Chapter 13.32) and a Clean Ocean Fee (Ordinance No. 1273; Municipal Code Chapter 13.34); and
WHEREAS, the owners of those properties listed on Exhibit "A" (attached hereto) have been billed for one or both such fees during the 2018, 2019, 2020 and 2021 fiscal years, but as stated on Exhibit "A", have not remitted payment to the City and such amount is now delinquent; and
WHEREAS, pursuant to California Health & Safety Code Sections 54 73 and 54 73 .1 , the City has caused a written report to be prepared for fiscal years 20 18, 2019, 2020 and 2021 that contains a description of each parcel of real property receiving services that is delinquent in paying the Storm Drainage Fee and/or the Clean Ocean Fee and the amount of each said delinquency ("Report"), and a copy of the Report has been filed with the City Clerk; and
WHEREAS, pursuant to California Health & Safety Code Section 54 73 .1, the City Clerk has caused notice of the filing of the Report and of the time and place of a hearing to be published in a newspaper of general circulation; and WHEREAS, the City Council held a duly noticed public meeting to confirm the Report and direct the Orange County Auditor-Controller to add the delinquent fees to the 2022-23 Property Tax Bills for those properties to which the delinquent fees apply on July 19, 2022, at which time the City Council considered the aforementioned Report, the evidence and information presented by City staff and members of the public, and all objections and protests of persons delinquent in paying the Storm Drainage Fee and/or the Clean Ocean Fee, as reflected in the Report; and
WHEREAS, the City Council has determined that protests have not been filed to the Report by the owners of a majority of separate parcels of prope1ty as described in the Report.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:
7-19-22 / 4Y-6
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Resolution No. Page 2
Section 1. The City Council overrules any and all objections to the Report and approves and adopts the Report.

Section 2. On or before August 10, 2022, the City Clerk is hereby directed to file the Rep01t with the Orange County Auditor-Controller, together with a statement endorsed by the City Clerk on the report over her signature that the Report has been finally adopted by the City Council and requesting that the Auditor-Controller enter the amounts of the charges shown on Exhibit "A" against the respective lots or parcels of land as they appear on the cu1Tent assessment roll.

Section 3. The City Clerk is h ereby directed to file this resolution with the Orange County Auditor-Controller.

Section 4. The City Council hereby requests the Orange County AuditorController to add the amount of the assessments indicated in Exhibit "A", to the tax rolls levied against the c01responding properties.

Section 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _ _ day of _ _______ __ _
ATTEST:

City Clerk of the City of
San Clemente, California
Mayor of the City of
San Clemente, California
7-19-22 I 4Y-7
Resolution No. Page 3

STA TE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. ___ _ was adopted at a regular meeting of the City Council of the City of San Clemente held on the _ __ day of ___ _ _ _ _______ _ by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WI-IEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this __ day of ___ _ ______ _ Approved as to fonn:

City Attorney
CITY CLERK of the City of
San Clemente, California
7-19-22 I 4Y-8
Exhibit "A"
2018, 2019, 2020 and 2021 Unpaid
Storm Drain and Clean Ocean Fee Invoices
APN Amount
934-150-20 $ 135.27
934-150-50 135.27
934-150-61 135.27
934-150-65 135.27
691-131-15 135.27
691-131-33 86.76
691-132-33 135.27
692-121-17 84.60
692-121-16 84.60
691-132-41 101.46
692-121-29 142.56
692-394-06 84.60
692-394-07 84.60
691-133-34 135.27
691-134-36 135.27
680-301-09 452.79
691-092-55 123.93
691-135-77 123.93
057-033-39 170.16
675-172-38 77.42
691-093-40 162.24
675-176-14 77.42
692-272-09 147.16
692-272-10 147.63
691-097-36 81.36
691-341-04 84.60
691-097-60 123.93
691-098-04 186.78
060-092-15 170.16
680-531-01 50.82
701-081-02 101.64
701-061-27 208.04
933-731-63 95.45
701-121-08 161.79
701-091-09 121.64
701-091-15 154.84
701-091-35 154.84
701-101-02 154.84
701-101-12 214.44
Attachment #4
7-19-22 / 4Y-9

Page 2 ends

701-101-34 79.06
701-055-18 208.04
933-731-73 123.93
701-082-05 92.88
701-061-06 154.84
701-061-15 154.84
701-061-37 154.84
701-201-12 154.84
701-201-35 154.84
701-192-35 154.84
701-244-49 101.64
701-231-01 154.84
701-244-43 154.84
701-231-37 154.84
701-244-42 154.84
701-223-33 154.84
930-025-49 94.81
930-027-11 123.93
701-401-12 146.16
701-411-23 154.84
701-392-01 154.84
933-041-51 64.35
933-041-65 123.93
933-041-82 81.36
708-011-02 154.84
708-034-20 154.84
708-063-46 212.88
708-063-53 154.84
708-072-28 101.64
708-062-01 154.84
708-072-45 154.84
708-093-11 154.84
708-035-26 154.84
708-035-27 154.84
708-035-07 154.84
708-063-10 198.36
708-073-27 101.64
708-122-01 154.84
708-122-03 93.67
708-111-50 154.84
708-111-38 154.84
708-122-18 154.84
708-104-21 101.64
708-124-26 154.84
708-103-01 208.04
708-092-07 208.04
708-092-05 154.84
7-19-22 / 4Y-10
708-052-47 154.84
$12,255.55

Page 3 ends

7-19-22/4Y-11

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: July 19, 2022
Agenda Item 4 7-
Approvals:

City Manager f?,
Dept. Head Cg/)
Attorney ~
Finance ,·1fZ02....----
'-- Vii£@bd'tiRikfi¼r,•~%1%:i,2£i\-r.#11VM·R,WiAAM1iiWifltfF k#OOtF&Wtii,· 15:if61ii.#£iWNd s~@b4ff®M?@iiW i»Biitefi.AAPfMiWMI Mf 1 Department:

Prepared By:

Subject:

Community Development
Adam Atamian, Deputy Community Development Director©

APPROVAL OF SECOND AMENDMENT TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT WITH CSG CONSULTANTS, INC., FOR CONTRACT PLANNING SERVICES.

Fiscal Impact: Yes. There are sufficient funds available in account# 001-433-43890 due to salary savings from a current Planning Division vacancy, which began in Fiscal Year 2022 and continues to the current Fiscal Year 2023.

Summary: Staff is requesting approval of the Second Amendment to the Professional Consultant Services Agreement between the City of San Clemente and CSG Consultants, Inc. (CSG ), to provide contract planning services for the Planning Division while the vacant position is being filled. This Amendment increases the contract amount from $130,000 to $190,000 (an increase of $60,000).

Discussion: The Planning Division has been utilizing CSG to provide contract planning services to assist the Division. The Planning Division currently has a Senior Planner vacancy.

Due to the recruitment time to fill the vacancy, this contract Amendment will allow the continued use of contract planners until the position is filled. The contract planners are critical in managing customer demand and maintaining service levels. The temporary contract planners will assist staff in processing minor discretionary permits, plan checks, counter assistance, zoom appointments, phone support, and other similar tasks. The cost of the temporary contract planners is offset by salary savings from the vacant position.

Recommended
Actions: STAFF RECOMMENDS THAT the City Council approve and authorize the City Manager to execute the Second Amendment to the Contract between the City of San Clemente and CSG Consultants Inc. to provide contract planning services. This Amendment increases the contract amount from $130,000 to $190,000 (an increase of $60,000).

Attachments:

1. Second Amendment to the Professional Consultant Services Agreement with CSG Consultants, Inc.

2. First Amendment to the Professional Consultant Services Agreement with CSG Consultants, Inc.

3. Professional Consultant Services Agreement with CSG Consultants, Inc.

Notification: CSG Consultants, Inc.

Community Development Agenda Report 7-1 9-22 I 4Z-1
ATTACHMENT 1

SECOND AMENDMENT TO

PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR PROFESSIONAL

CONTRACT PLANNING SERVICES
This Second Amendment to Professional Services Agreement for professional contract planning services (this "Second Amendment") is made and entered into on this 20th day of July, 2022, by and between the CITY OF SAN CLEMENTE, a California municipal corporation ("City''), and CSG Consultants. ("Contractor").

RECITALS: ------ ~-
A
A. City and Contractor entered int9~fgat ce1tain Professional Services Agreement for_ professional contract planning 's~rvices (the "Agreement") on. December 20, 2021. ¥2
~
B. City and Contractor e11tered into the First Amendment of that certain Professional Services Agreement oil March 1, 2022. ~
.. C. City and Contractor desire to ameng the Agreement in the manner provided herein.

Section 3.3.1 Compensation. The Agreement)s hereby amended by increasing the total comp~IJ.iation amount from One-Hundred and Thirty Thousand Dollars ($130,000) to OneHundr~ and Ninety Thousand Dollars ($190,000). • An increase of Sixty Thousand Dollars ($60,000). -
Except as expressly amend~d by this Second Amendment, the remaining portions of the Agreement shall remain in full force and effect.
7-19-22 / 4Z-2
(
IN WITNESS WHEREOF, the patties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite their signatures.

ATTEST:

CITY CLERIC of the City of
San Clemente, California
Approved as to form:

BEST BEST & KRIEGER
City Attorney
Finance Auth01ization

CITY OF SAN CLEMENTE
By: --------------
Its: - - -----------
Dated: ________ , 20 _ _
("CONTRACTOR")
B~------------ -
lts: - ------------
Dated: ________ _, 20
7-19-22 / 4Z-3
ATTACH1\1ENT 2

FIRST AMENDMENT TO

PROFESSIONAL CONSUL TANT SERVICES AGREEMENT FOR PROFESSIONAL

CONTRACT PLANNING SERVICES
This First Amendment to Professional Services Agreement for professional contract planning services (this "First Amendment") is made and entered into on this 1st day of March, 2022, by and between the CITY OF SAN CLEMENTE, a California municipal corporation ("City"), and CSG Consultants. ("Contractor").

A. City and Contractor entered into that certain Professional Services Agreement for. professional contract planning services (the "Agreement") on December 20, 2021.

B, City and Contractor desire to amend the- Agreement in the manner provided herein.

COVEN ANTS:

Section 3.1.2 Term. The Agreement is hereby amended by eliminating the term expiration date of December 31, 2022. The contract may be terminated as referenced in Section

3.5.1. Section 3.3.1 Compensation. The Agreement is hereby amended by increasing the total compensation amount from Fifty Thousand Dollars ($50,000) to One-Hundred and Thirty Thousand Dollars ($130,000). An increase of Eighty Thousand Dollars ($80,000).

Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect.
7-19-22 I 4Z-4
(
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment 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 fonn:

BEST BEST & KRIEGER
City Attorney
Finance Authorization

CITY OF SAN CLEMENTE
By: --------------
Its:
---------- ---
Dated: ________ , 20 _ _
("CONTRACTOR")
By: - - --- ---------
Its:
-------------
Dated: 20 - --- -----'
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CITY OF SAN CLEMENTE

PROFESSIONAL CONSUL TANT SERVICES AGREEMENT

1. PARTIES AND DATE.

Attachment 3
This Agreement is made and entered into this ,z_D\t, day of \)f (hy\\py; 20.1:!_, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 ("City") and CSG CONSULTANTS, INC., with its principal place of business at 3707 W.

GARDEN GROVE BLVD., SUITE 100, ORANGE, CA 92868 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional planning services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional planning services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional planning services as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant 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 professional planning 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 November 23, 2021 to December 31, 2022, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

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

Consultant retains the right to perform similar or different services for others during the term of 1 55452.01100\31193624.5
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this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be . under Consultant's excJuslve ·direction and control. Neither City, nor any of Its officials, officers, directors, employ(;les or agents shall _ have contrql over the conduct of Consuitant or any of Consultant's officers, employees, or agents, except as· set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in coni:iection wit~ their ·performan~e of S~rvices under this Agr~ement and as required by law. Consultant shall be responsible for all reports and opligations respecting s1.1ch ad_ditlonal personnel, Including, but not limited to: social security taxe_s, income tax withholding, unemploynjent insurance, disability insurance, and workers' compensation insurance.
• • 3.2.2 Scheduf e of Services. Consultant-shall perform the ~ervices expeditiously, within the term of this Agreement, and In accordance with the·Schedule·9f Services set forth in Exhibit "B" attached hereto and incorporated hereir_, by reference. Consultant represents that it has the professional .arid. technical personnel required to perform the Services in· conformance whh su·ch conclitions. In order to facilitat~ Consultant's conformance with the Schedule; City shall • respond .to·Consultanl's submittals In a timely manner. Upon request of City, Consultant shall provid~ a more detailed schedule of antlcipa~ed performance to meet the Schedule of Services. • . 3.2.3 Endorsement _on PS&E/ • other Data. • Consultant shall_ sign all plans, ~peclfications, estimates (PS&E) and engineering d<!ta . fl!rnished by Consultant, and where appropriate will indicate Consultant's auth9rized signature.and professional registration nuniber.

3.2.4 Confonnance to Applicable Requirements. All work prepared by Consultant shal) be s.ubject-to the approval of City.

3.2,5 Substitution of Key Personnel. ConsuJtant has represented to City that • certain key personnel _will perform and coordinate the Services under this Agreement. Should one .or more of such personnel become unavailable, Consultant rriay substiMe other personnel of at least equal competence upon written approval of City. lri the event that City·and Consultantcannot agre_e as to ~he· substitution c;if key- personnel, Cify shan be entitled to terminate this Agreement for cause. As discusseo below, any personnel who fail or r.efuse to perform the Services In a m~nner acceptable to the Clfy, or who. are deterry,ined by the City to be uncooperative, lflcompetent, a threat to the adequate or timely completion of .the Project or a threat to the safety of perso·ns or property, shall be· _promptly removed from the Project by the Consultant at the r!;lquest of the City.· • • • • •

3.2:6 City's Representative. The City hf;lreby de~ignates Adam Atamian, Deputy Community Deve,op111erit Director, or his/her design_ee, to act as its representative in all - matters pertaining to the administration and 'performance of this Agreeinent (ftCity's . Representative"). City's Representative shall have the power to act on-behalf of the City for review and approval of all pro~ucts submitted by Consultant but not the authority to enlarge the Scope of Work or change the total C?~mpensation due to Con~ultant under this Agreement. . The qty Manager shall be authorized to act on City's behalf and to execute-all necessary d_ocuments which enlarge the Scope of Work or change the· ConsLi!tant's total compensation subject to the provisions contained in Section 3.3 ·of this Agreement. .Consultant shall not accept c;lirecti.on or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2. 7 Consultant's Representative. , Con~ultant. hereby designates Cyrus Kianpour, President, or his/her deslgnee, to act as its representative for the performance of this Agreement.("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on .behalf of the Con?ultant for -all purposes under this Agreement. The· 2 55452.01100\31193624. 5
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Consultant's Representative shall supervise and direct the Services, using his/her best skill and • attention, · a·nd • sh.all • be re~ponsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agr~~ment.' • • •

3.2.8 Coordln~tion of Services. Co.nsultant agrees to work i::loseiy with City staff. in the performance of Services and shall be available to City's staff, consultants and other staff at all reas~inable times.
_ . . 3:2.9 Standard of Care; Performance of Employees. Cc:insultant-shall perfom, all Services unde"r this Agreemeht in a skillful and competent ma_nner, consistent With the· standards : • genera!IY reedgni~ed as being employed by profes~lonals In the·same dlsclpline in tti~ State of Califom_la. • Consultant ~ep'rese_nts and maintains· .that it" is skl!led_ in the professional calling necessary to-perform the-Service~. Co'nsultant warrants that-all employees and subconsultants shall have suffici~ntskill arid experience to p~rform .the S~ryices assigned to them. Finally, Consultant represents that It, Its .employees and subconsultants have all licenses, permits, qualifications and approvals of whatever n·ature that are legally re.quired to perfol'in the Services, and that such licenses and approvals shall be rnaint~ineq throughout the term of this Agreement.

As proyided for in the indemnification.provisions of this Agreement; Consultant shall perform, at its own cost and expense and .without r~imbu_rsement.from the City, any servlcE;is nec~ssary to correct errors or omissions which are caused by the Consultant's fail.Ure .to comply with the standard of care provided for herein. Any employee of the Consultant or Its sub-consultants who .Is determined ·by the City ·10 be uncooperative, incompetent, a threat to the··adequa~e or·timely completion of the Project, a threat to the safety of persons or property, .or any employee who falls or refuses to perform the S.ervlces in a manner acceptable to the City, shall be promptly removed from ·th·e Project by the 9onsultant.and shall not- be .re-emp!oyed to perform ~ny_ of the Services or to wo_rk on the· Project. • • • •

3.2.1-0 Laws and Regulations. Consuttantshaffkeep Itself fully inform·ed of and in ·. c:ompliance with all local, state and federal laws, rules and regulations In any manner affecting the-perfprmance of the Project or"the Servjces, Including allCal/OSHA requirements; and shall give all notices req·uired by law. ·consultant shall-be liable for all violations of such.laws and regulatiohs in connection with Servi!=es. If <;;onsultant performs any"work knowing ltfo be contrary to ·such laws, rules and . regulations, Consultant shall be solely responsib_le for all costs arising therefrom. Consultan·t shall defend, ·indemnify' and hold City, its official~; directors, ·officers, employees, agents, and·volunteers free and harmless, pursuant to the Indemnification provisions of this Agreement, from ~my claim or liability arising out of any failure or alleged failure to comply . with s~ch laws, rules or regulations.
. . 3:2.11 Safety: Consultant s~all execute and maintain its work so as to avoid injury or damage to any person or property. l_n carrying out its Services, the Consultant shall at all times be In compliance _with ~II ·~pplicable local, state and federal laws, rules arid regulations, ~nd _shall exercise ?II necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, .wh~re applicable, shall Include,. but shall ·not be limited to: (A) adequate life ·protect!on and lifesaving equipment. and procedures; (B) instructions In. ·accident prevention for all employees and subconsultants, such as safe waHW?ays, scal'.folds; fall protection ladders, bridges,· gang planks, ~onfined space procedures, trenching and s~oring, equipment and other safety devices, equipment and wearing apparel as are necessa_ry or lawfully required to prevent accidents •or injuries; and (C) adequate facilities for the proper Inspection and . maintenance of all safety . measures.
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. . . 3.2.12 Insurance. Consultant agrees to procure ·and maintain, at Consultant's .expen.se all insurance.specified in Exhibit "C" attached hereto and by·this reference Incorporated herein. Consultant shall require all subcpnsultants to qarry !he same pqlicies and llmlts of . insurance that the Co,nsultant is required to maintai_n, unless otherwise approved in writ_ing by the City.
3,3 : Fees and Payment~.

3.3.1 Compensation.. • Consultant shall receive compensa"!ion, lr:ictudlng authorized relmbursement.s,· for all Services-rendered under thi_s Agreement at the rates set forth· in Exhibit ·"D" attached hereto.and incorporated herein by reference .. The total corripen·satiori-'shall not exceed. Fifty Tht?~sand Dollars ·($50,000) without wrltte!'}·approval of the City Council or Gity, Manager as app!lcable. Extra_ Work may _be authorized, as .described. below, and If authorized, will be compensated at the rates and manner set forth in this Agree.ment • . ' ' . . . . • .3.3.2 . Payment ·of Compensation. C~n~t.iltant sha'i1. 'submit to City .a m~r,thiy invoice which Indicates.work completed and hours of Services· rendered by Consultant. . The invoice shall describe the·.a_m.ou_nt of Services provided ·sin,ce the initial commencement elate, or since tlie start of the subsequent billlng·-periods, as appropriate, through the date of.the invoice. c'ity shall, _withi'ri 30 days ·of (eceiving suqh invoice, review the Invoice i:ind pay all non-disputed and approved charges thereon. If the. City.disputes any .of Consultant's fees, the City shall give· Written notic.e to Consultant within thirty (30) days of receipt <;>f.,an i_nvoice of any disputed fees set forth.therein·,. • • • • _. •
• 3.3,3 Reimbursement for Expenses. Consultant shall _not be reimbursed for any expenses unless authorized_ In writing by City, or included in Exhibit "D" of. this Agreement. • . : 3.~~4 • Extra·Work. At a~y. time' dl!~ng the term of.this· .Agre.~me~t, City may request that Consultant perform Extra Work.' As used herein,."Extra Work" means any work which is detem,ined by Cify to be n(;lcessary for the .proper completion ·of the Project, but which ·th·e - .Parties. did not reasonably anticipate would be necess·ary at the· execution ofthis Agreement.

Consultant shall not perfonn, nor be ·compensated for, E)dra Worl< wi.thout written authorization from the City. • • • •• • • •
. • • ·3.3.5 Rate Increases. In the ·event that this Agreement is renewed pur~uant to • Section 3.1.2, the rate set forth in Exhibit "D'; may be ·adjusted each y~ar at the-time of renewal • as set forth·in. Exhiblf"D." • • • •
• 3.3.6 ·Labor Code Requirements .
• I 3.3.6.1 '·' Prevailing Wages. ··.consultant is aw~re of.the 'requirements' of • C~lifomfa Labor Code Section 1729, et §fill., and 1770, et seq., as well as 9~Ittomia Code. of · Regulations, Title ··a, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment .of prevaili11g wage-rates· .and the performance of· other requirements on -"publlc wo'rks" and "maintenance" projed\s. ·11 'the Serv'ices are-beihg perfonned ~s part .of an applicable "public works" or "maintenance" ·project, as defined by the Preyailing • Wage-Laws, and if the total • compensation is $1,000 or more, Consultant agrees tci fully comply with such Prevailing Wage .

Laws. Consultc;int ·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 ~arties • t.ipoh request, and shall post copies at the Consultant's principal place of business ancl at the projeGI. site. Consultant shall defe.nd, indemnify and hold the City, its offi.cials, offi9ers, employees, agents, and volun_teers free and harmless fron:, an~ claim or liability aris·ing out" of -any failure or •. • 4
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alleged failure to comply with the Prevailin_g Wage Laws, . 3:3.6.2 Registration, If the Services are being performed as part of an • applicable "public works" or "maintenance" project, in addition to the foregoing, then pursuant to Labor Code sections . 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIRff). Consultant shall maintain registration for the duration of the project and require the same 'of any subconsultants, This project may also be subject to complianc.e monitoring and enforcement by the DIR It shall be Consultant's sole responsibility tci comply with ati applicable regfl:)tration and labor compliance requirements, including the submission ·of payroll. records directly to the DIR. Notwithstanding the foregoing; the contractor registration requir(;lmenls mandated by Labor Code sections 1725.5 and 1771,.1 shall not apply to Services performed on ~ public works project 'that Is exempt pursuant to the small project exemption specified in Labor Code sections f725._5 and 1771.1. • • ••

3.4 Accounting ~ecords.

3.4, 1 Maintenance and Inspection. Consultant shali maintain complete and accurate recorc;!s with respect tq all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal • business hours to examine, al;ldit, arid make transcripts or copies of such records and any other documents created pursuant to this Agreement. ~onsultant 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 Agreement. •

3.5 <?eneral Provisions.

3._5.1 _Termination of Agree~ent.
. : . .3.5.1.1 Grounds for Termination. City may, by -written notice to Consultant, terminate the whole o~ any part of this Agreement at ariy time, with or.without cause, by giving written_ notice to Consultanfof such termination, and specifying the ~ffective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for.those services which have been adequately rendered to City, and Consultant shall·be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. •
. 3.5.1.2 Effect of Termination. If this Agreement is terminated .as providecl herein, City may require Consultant to pmvide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connec~ian wlt~ the perform·ance of Services under this Agreement. Consultant shall be required to provide such document and other 1riformation 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 a·s it may determi_ne 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 t~is purpose:

Consultant:
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CSG Consultants, Inc.
550 Pilgrim Drive
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L-- ----------- - ---,-------- - - - - --·_7_-1_9_-2_2_1_4_Z_-1_0_~l City:

Forster City, CA 94404
ATTN: Cyrus Kianpour, President
City of San Clemente·
910 Calle Negoclo
San Clemente, CA 92673
ATTN: Adam Atamian, Deputy Community
·Development Dl~ector
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 a~dress. Actual n~tice shall be deemed adequate n9tice on the date actual notice occurred, regardless of the method of service. _. •
• • 3.5.3 .Ownership of Materials and Confidentiality.

3.5.3.1 ·Documents· & Data; Licensing of intellectual Property. This Agreement creates a non-exclusiv~ and perpetual license for City to copy, use, modify, reus·e, or subllcense any and all copyrights; designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed'in any tangible medium of expression, Including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or· caused to be prepar!;ld by Consultant under this Agreement ("Documents & Data"). Consultant shall requlre all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepa,res under this Agreement. Consultant represents • and w&rra'nts that Consultant. has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty In regard tq Documents & Data which • were prepared by d,esig~ professio_nals other than Consultant.or provi~ed to Consultant by the City. City snail not be limited in any way in its use of the Documents & Data at any time1 provided .. that any such use not within the purposes intended by this Agreement shall be at Gity's sole risk.

3.5.3.2 Confidentiality. AH ldeas, memoranda, specifications, plans, procedures, drawings, · descriptions, computer' progran:i data,· input r~cord data, written information, and otlier Docume.nts & Data either created by or provided to· Consultant 'in connection with the performance of this Agreement sha.11 be held confidential by Consultant. Such materials shall not. without the prior written consent of City, be used. by Consultant for any purposes·other th~n the performance of the Services. Nor s~all such materials be disclosed to any person or entity•not connected with the performance of the-Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related. lndustry shall be deemed confidential. Consultant shall not use City's nc!me or insignia, photographs of the Project, or any publlclty_pertalnlng to.the Services or the Project,-in any magazine, trade paper, newspaper, television or radio production· or other similar triedium without the pri_or written consent of City. . . . . 3.5.3:3 Confidential Information. The City .shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act 9r other applicable state or federal law, or order of a cour:t, of competent Jurisdiction, in which case the City shall notify Consultant of its intention to relea·se Proprietary lnformatlon.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary lnfonnation. Consultant shall 6 55452.01100\31193624.5
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indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal adion brought to ·compel the release of Proprietary Information. City shall not release the Proprietary Information· after receipt of the Objection Notice unless· either: O) Consultant fails to. fully indemnify, defend (with City's chqice of lf!gal counsel), and hold Cfty harmless from any legal action brought to compel such release; and/or (2) a final and non~appealable order by a court of competent Jurisdiction requires that City release such Information.

3.5:4 CooReration: Further Acts. The Parties shall fully cooperate with one an9ther, and shall take any aqditional ~cts or sign any additional documents as·may be necessary, appropriate or conveni.ent to attain the purposes of this Agreement. •

3.5.5 ·Attorney's Fees: If either party commences ~n action against ·the other . party, either ·legal, ad[Tlinistrative or otherwise, arising out of.or in conn~ctlon with this Agreement, . ' the prevailing party in -such litigation shall·be entitled to have and tecover·from the losing party ·reasonable attorney's fees and all other. costs of sue~ action. • 3.5.6 Indemnification .
. 3.5.6.1 To the fullest extent permitted by law, Consultant ~hall d·efend (with counsel of City's· choosing), Indemnify and hold the Gity; Its dirf;lctors, officials, officers, employees, volunteers and agents free and harmles_s frqm any and all claims, demands, qauses of actio~, !X)sts·, expenses, liability, loss, damage or injury of c:!nY kind, in law or equity, to prqperty or persons, including wrongful death, In any manner arising out of1 pertaining to; ·or incident to any alleged 'acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, . employees, subcontractors, -consultants or agents in connection with' the performance of the • Consultant's Services, the P,roject or this Agreement; including without limltatiqn -the payment of all ·damages, expert witness • fees and • attorney's fe'es ·.and · other .reiated costs and · expenses·. Consultant's obligation to Indemnify shall no_t be re-stricted· to insurance proceeds, if any, received by Qonsultant, th~ City, its officials, officers, employees, agents, or volunteers.

3.5:6.i· If Consultant's obligation. to defend, Indemnify, and/or hold harmless arls.es out of Consultanfs _performance as a ~design professionati• (as that ~erin is defined under Civil Code se.ction 2782.8), then, and only to the extent require~ by Civil Code section 2782.8, which is fully lricorpqrated herein, Consultant's lndemnifiC?tion obligation shall be l!mited 'to claims that arise out of, pertain to, or ~elate to the negtigence, r~cklessness,. ·or willful misconduct of the Consultant, and, upon Consultant obtaining a nnal adjudication by a court of competent jurisdiction, Consultant's.liability for such claim, including· the cost to defend, shall not exceed the Consultant's proportionate percentage of fault._ -3.5,7 Entire Agreement. .This Agreement contains the entire Agr(;l~fll~~t of the parties with respect to the subject matter hereof, and supersedes al.I prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both • ~B· ••• •
3,?.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 . ~s~ra~e~ • • •

3.5.1 O City's Right to Employ Other Consultants. City reserves right to employ 7 55452.01100\31193624.5
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other consultants in conriectioh with this Project.
• . 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the partle_s.
• :3.5.12 Assignment-or Transfer .. Consultant shall not assign, hypothecate, or transfer, either directly or by cipefation of law, this Agreement or'a[1y-interest herein without the prior written con$ent of the _City. Any attempt to _do so shall be null and void, and any assignees, hypothecates .or transferees shall acquire no right or''ln\erest by reason of such cjtlempted assignment, hypothe·cation or transfe-r,
•• • 3.5.13 -Construction: References: Captions. Since the P'1rtles or the_ir agents have pa.rticipated fully Iii the pr.eparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and·not strictly for or agairist an_y Party. Any term referenci.ng time, days or pe_riod for performance shall be deemed calendar days and not w·ork days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this-Agreement.. ·All ref~rences tci'City 'include its • elec::ted officials, officers, ernpl~yees, agents, and.volunteers except as otherwise speciijed in this Agreement. The captions of-the various articles and paragraph_s are for convenience ·r,1nd ease • of.referl;lnce only, and do not define,·limit, augment,_ or describe the scope, content, or intent of _ this Agreement • • • 3.5.14 Amendment: Modification; No supplement, modification, or c1mendmen·t of • this Agreement-shall be binding 'unless ·executed in writing and signed by both Parties. . •

3.5.15 Waiver. No waiver of any default shall :constitute a waiver.of any other· .default or .breach; whether of the ·sam_e _pr other-covenant or condition. No waiver,. ben·efit, . privilege, or service "'.Oluntarily given or ·performed by ·a Pa'rty shall give the other .Parfy-any. contractual rights by custom, estoppel, or ot_herwise: ·"

3.5.16 No Third-Party Beneficiaries. There are . no intended third party • beneficiaries of _any right or obl!gation assumed by the Parties. • ·3.5.17 Invalidity: Sev.erability. If any portion of this Agreemenfls declared invalid·,. illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continqe in full force and effect • •

3.5.18' Prohibited· Interests. Consultc:mt maintains and warrants that it has not •• . employed nor retained ariy company oi person, other than a bona fide _employee_ working· solely for Consultant, to solicit or secure this AgrE;iehlent. Further, Con·sultant warrants that It has not paid nor has ft agreed to pay any company qr person, other .than_~ bona fide ein_ployee working solely for Consultant, any f~e, ·commission, perct;intage; brokerage fee, gift or ottier consideration· ~ntingent 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 1iability .. For the term of this Agreement, no_ member, officer or 'employee of City, during ttie term of his or her service with City, shall have any direct Interest in thi~ Agreement, or obtain any present or anticipated material benefit a'ri'sing therefrom. •. • . . . • _ · . • .

3.5.19 Equal Opportunity Employment.. Consultant represents that it is an equal opportunity employer and it shall not aiscriminate against any subcom;ultant, employee or applicant for·empl_oyment because of race, religion, color, nation~! origin, handica·p, ancestry, sex or · age. Such non-discrimination shall include, but not be lim,ited to, all activities related to· s·
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initial employment, upgrading, derilotio_n, transfer, recruitment q~ recruitment adv~rtising; laypff or termination. Conswltant shall also comply with ,all relevant provisions of City's Minority Business . • Enterprise program, Affin:n~tiv_e Action Plan or other related programs or guidelin.es e:urrently in• effect or hereinafter enacted. •

3.5':20 Lab.or Certification. By its. signature hereunder, Consulta.rit certifies that' it is aware of th~ provisions of Section ·3700 of the C_allfornia Labor Code whi~h regulre _every. employer to tie Insured against liability for. Worker's C_ompensation .or to undarta~e self-insurance in accordE!hce with the provisions of that Coqe, and agrees to comply with such provisions befor~ commencing the performance of the Services. .. •

3.5.21" Authority.to .Enter ,Agreen,ent. Consultant ·has all requisite power and • . authority to conduct its business and to execute, deliver, and perfo~m th.e Agreement. . Each Party warrants ·that the. Individuals ·wh_o .have signed this Agreement have the legal power, rig lit, and authority to make this Agreetylent and bind l?ach respective Party. • • •

3.-5.22 Counterparts, This Agree~~rit may b~ signed in counterparts, each of . which shall consiitute an original: . • . . . .
~.6 Subcontracting.
• . 3.6~.-1 • Prior Approval Required .. Consultant shall not.subcohtract'any portion of the Work required by this Agre.ement, except' as expressly stated .herein·, without prior written . approval of. Chy. ·subcontracts, if any, shall contain a provision making them subject ·to all pr9v1sions stipulated in this Agreement. . . . • • . . • • • 9 . . 65452.01100\31193624.5
7-19-22 I 4Z-14
·I I
!(
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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 of their signatures.

TY CLERK of the City of
San Clemente, California
AiPPROVED AS TO FORM:

BES EST KRIEGER
APPROVED vAILABILITY

OF FUND
55452.01100\3"1193624.5
CITY ~N ~C~~6?
By:._...,~~-=---"----------
lts: CA~~
Dated: 12.L ~ I ,20~
ultants Inc.

LTANT")
By:_-+---f--ff----- - - -
lts: Pre { 1ctevrr
Dated: } J - J-1 ~ J J ,20 __
10 7-19-22 / 4Z-15
EXHIBIT "A'-'

SCOPE OF SERVICES
• ., I
· Services will include, but not be limited to, case management; planning review; site plan and design review; preparation of staff reports, resolutions, conditions of approval, etc.'; environmental complianc~ revie~ and management; attendance at meetings at . hearings, as necessary and in-person or virtual plarinin_g counter services. 11 . 55452.01 100\31193624.5
7-19-22 I 4Z-16

FH SCI-IEDULE
EXHIBIT "B"

SCHEDULE OF SERVICES
CSG's fee schedule is provided in the table below.
. . HOURLYRATE -: - -
Planning Technician $105
Assistant Planner $125
Associate Planner $140
Senior Planner $155
Senior Environmental Planner $155
Principal Planner $170
Planning Manager $185
Planning Director $200
Sustainability Prowam Analyst $135
Sustainability Program Senior Analyst $160
-~-~~~~!!la bi\ity Program ~~-n-' ag=---e_r _ _ ____________ ---'$_1_9_0 _ _ _ _, On each anniversary of the contract start date, CSG will initiate an hourly rate increase based on change in CPI for the applicable region.
55452.01100\31193624.5
7-19-22 I 42-17
EXI-JIBIT "C" ..

INSURANCE REQUIREMENTS
3:2.-12 Insurance.

3.2. 12.1 Time for Compliance. Consultant shall not commence· work . underthi.s Ag·reement until it has provided evidence satisfactory to the City ·that it has secured· all • . lnsuranc~ required under this section. In addition, Consultant.shal.1 not 13llow any subconsultar:it to cqmmence work on any s_ubcont~act until it has .provided evidence satisfactory to the City that the subya~sultant has sec~red all insurance required under this section. 3·.2.12.2 • Types of Insurance Required. t:,.s a condition precedent to the· -effectiveness of this Agreement .for work to be performed hereund!:':!r, and .without limi~ing the indemnity provisloris .. of the Agreement, the Consultaht, in partial performance cints obligat!ons under such Agreement, shall procure and maintain in full force and effect during the tenm ofthe Agreement the following po'licies of insurance. If th.e e):(is_ting. polides do ·not :me·et the insurance requirements set forth her(}ln, Consultant agrees to amend, ·supplement or endorse the-policies to do so,· • · ' •
. (A) Commercial Generaf L,.lability: Commercial General Liability .Insurance which affords coverage at least as broad as lnsuran,ce Services Office "occurrence" form CG 0001, or the exac~ ~qulvalent, with limits of not less than· ${000,000 per occurrence and no less than $2,000,000 in the general aggregate, Defense costs shall be paid in addition to the· limits. The policy ~hall contain no endorsements or provisions (1) limiting coverag·e for contractual • liability; (2) excfudihg coverage for claims or suits by one Insured against another (cross-liaqility); . o~ (3) containing-any other exclusion(s) contrary to the .terms or purposes of this Agreement. • . • (B) Au~omobile: .. Liability 'Insurance: Automobile. Liability fnsuran_ce with coverag~ at l~ast as ~road.as.·lnsurance Services Office form CA 0001 covering "Any Auto" (Symbol 1 ), or the exact equivalent, covering bodi\y injury ~nd. property damage for all. • 1:1ctivities with limits of noi less than $1,900,000 combined limit. for each occurrence. [-NOTE:

If. Consl,lltant does not own any• company vehicles. or may not be able .to purchase a . Business Automobile. Insurance Policy, the req1,1lrement. may ~e ~at!sfied by providing •either of the following: _(1) a Personal Automobile Liability .policy for the Consultant's own .· vehicle ·stipuiafing "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident"; and (2) a non-owned auto endorsement to the Commerdal Gen.era! Liability policy if Consulta~t uses v_ehicl~s of others (e.g., vehicles of employees). . • • . . . • (C) .Workers' Compensation: • Workers' Corn·pensatior.t Insurance, as required by the State of California and Empioyer's Liability Insurance with a limit of not less than $1.,000,000 per·accide,nt for bodily lnjl,Jry and dis_eas~. ' '
. : , • (D) Professiol')al l,.iability {Errors & Omi~sions): Professional Liability insurance or·Errors & Omissions insurance ·appropriate to Consulta_nt's profession with limits of not less Uian· $1,000,000 per clalfr\. Covered professional services shall speclfi~lly include ~II '.Nork to be performed under th!3 Aweement and delete any exclusions· that niay. potentially affect the work to be performed (for example; any exclusl9ns relating to lead, asbestos, pollution, testing, undergrourrd storage fanks, laboralory analysis·, soil work, etc.). If coverage Is written on a claims-made basis, the r~troactive date shaJI precede· the effective date of the initial . . . . ' . 55452.01100\31193624.6
7-19-22 I 4Z-18
I· .

I
L
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·Agre.ernent ·and continuous coverag·e will be .rfialntaln.ed or an extended reporting period will be ~xerclsed for-a period of a~ least three (3} years from termination or e~pirat_ion of this Agreement. . : 3.2.12.3 Insurance Endorsements. Required 'insurance policies sh~II . contc1.ln the following provisions, or Cqnsultant shall_ provide en1ors.ements on f~mns approved by the City to ad_d the followin_g provisions to the Insurance p'qlicies:
. • • •. (A) Commercial General Llabllity:
. . (1) .Ad~iti.of?al Insured: • Th~ ·city, its '~fficials,· officers, employe!;ls, ·agents, and voh,mteers shall be additional insureds withregard to liability and defen$.e of suits or-claims arising out of. the performance·of the Agreement. •• . . . • . . . . . . . Additional Insured Endorsements sb~l_l not (1) he rest~icted to_"ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sol,e" . llabllity'of Consultant; or-(4) contain E!ny other exclusions contrary ·to the terms or.purposes of this • Agreement. ·For all policies of Commercial General Liability in$ur-~nc_e, Consultant shall provide . endorsem·ents In the form of ISO CG 20 10 10 01 (or endorsemerits providing the exact same coverage) to effectuate_t~is. r~_tjUir~m~nt. •
. . . . • ..(2) Cancellatiqn: Required ins~rance policies shall not be cancel~d or the cqverage reduGed: until a thirty (30) day written notice.of cancellation has been ·served upon the Cit~ except ten (10) days shall be allowed for non-pa:tment of premium . . (B). • • Automobile Liabiiiiy: •
. (1) . Cancellatioh:·.Required-insu'rance policies shall not be canceled or th'e yoverage-reduced until a thirty (30) day written-notice of cancellation has.been •. served u·pon· the City except ten (10)°days shall be allowe~ for non-payment of premium. . . ' . . . . . • 3·.2.12.4 Professional ~!ability (Errors & Omissions): •• • - . . . . .. -· .. - .. ' ' (A) Caricellation: Requireµ insurance policies .shall not be c~inceled or the coverage reduced until a thirty (39) day ~ritten. Dotice of cancellatio·n has been . served upon the City ~xcep_t. ten (10) days shall.~e allowed for non-p·ayment of premium. . , (8) . ·c.ontraqtua·I ·Liability Exclusion Deleted: This· Insurance shall ir,clude contractual liability applicable to this Agreement. · The policy must "pay or:i behalfof' the insured arid include a provision establishing the.'tnsurer's duty to defend. . ' .

3.2.12.5 W~r\(ers' qompensatlon:
. • . • (A) :· • Cahcellatlon:.· Required. _Insurance policjes: shall not be • canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City ~xcept ten ·(10) ~fays shall be•aflowed for non-payment of premium. • • • ..

3.2.12.6,. Primary and Non~Conlributing Insurance. All policies of • Com.mercial Geineral Liaqllity and Automqbile Ll~bility 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 insura·nce. Policies shall contain or be • endorsed to contair., such.provisions. •
·65452.01100\3 t 193624.5
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7-19-22 / 4Z-1 9 ~
. • 3.2.12.7 Waiver of Subrogation. All_ p·9licies of Commercial General Liability and Automobile Liability Insurance shall specifically allow Con~ultant. or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives Us own right of recovery against the City, its officials, office-rs, employees, agents, and volunteers, and shall require similar written express waivers and in~urance clauses from each of its subco~sultants:
. 3.2.12.8 Deductibles and Seif-Insured Retentions. Any deductible or self- _in!;>ured retention greater than $5,000 must be approved in ·writing by th~ 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 polic\es not contained a. 'deductible or selHnsured retention.

3.2.12_.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition ·precedent to the effectiveness thereof, shall deliver either certified copies of the required pqlicies, or_ original certificates on forms approved by the City, together with all ~ndorsements affecting tl!ach 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 c~rtificates and endorsements for each -insurance polic;y 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 showlng that such insuran·ce coverage has been renewed or exti:inded 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 requ"ired coverage, Consultant shall; within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with .the City evidence of insurance showing that the required insurance has been reinstated or has been provided through anoth·er_insurance company · or companies.
• • •. 3.2.12.10 Failure to Maintain Coverage. In the event an1/ policy of insurance required unoer th,is Agreement does not comply with these·specifications or is canc~ied . and not replaced immediately so as to avoid a lapse in the required coverage, ~ity has the right· but not the duty to t>btain the insurance. it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to_ pay premium from Consultant payments. In ~he altemative, C_lty may cancel this A~reernent effective up.on notice. • 3.2.12.11 -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- VU and autihorized to transact business of insurance in. t_he State of California,_ or otherwis~ allowed to place insurance through surplus line·brokers under applicable provisions of the California insurance Code or any federal law. •

3.2.12.12 Enforcem~nt of Agreement Provisions (non estoppel).

Consultant acknowledges and agr~es that actual or aliegeq failure on the part of the City to inform Co~sultant of non-compliance with .any requirement imposes no additional obligation on the City nor does It waive any rights hereunder.

3.2.12.13 Requirements Not Limiting. Requirement of. specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, .limits, or other requireme_tlt, or a waiver of any coverage normally provfded by any insurance. 55452.01100\31193624.5
7-'19-22 I 4Z-20
• I
I

3.2.12.14 Insurance for Subconsultants. Consultant shall Include all subconsultants engaged in any work for ·consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, Its officials, ,officers, employees, ag~nts, and volunteers as additional insureds to the subcom;ultant's policies. All policies of Commercial General Liability insurance provided by Consultant's subconsulfants performing work relating to this Agreement shall be endorsed to name ·the Qity, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 · 04 j 3 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to cohimen_ce work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultanf's compliance with all Insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with t_his section upon request of the City.
56452,01100\31193624,5
7-1 9-22-J4Z-21

WORKER'S COMPENSATION INSURANCE CERTIFICATION
WORK~RS'COMPEN$ATION DEClARATIOf:J
I hereby affirm u~der penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKEO)
' ---~ I have and will maintain a certificate of conseht from the California Labor Commission to self-insure for workers' compensatio_n, as provided for by S~ction 31'.'00 of the Labor Code, for the performance of the work to be performed under this contract.

L~_J · 1 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 Travelers Property Casualty Company of America - . . . .

Policy Num~er UB-5R147157-20-43-G
. . 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 Californi.a, and I hereby·agree to indemnify, defend, and hold .harmless the City of San Clemente and·afl of its officials, employees, and ager,ts from i;lnd 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 f4rther agree that, if I should become subject to the workers' • · compens.ation 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 CO~PENSA ii ON, DAMAGES AS PROVIDED.FOR IN SECTION 3706 OF THE LABOR CODE, ·INTEREST, AND ATTORNEY'S FEES. •
65462.01100\31193624.5 •
7-19-2214z~22
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Dated: f\lovember 23 , 2o_gg_
CSG Consultants, Inc.

Consultant
By /blpv
President
Title
550 Pilgrim Drive
Address
Foster City, CA 94404
55452.01100\31193624.5
7-19-22 I 4Z-23
Department:

Prepared By:

Subject:

AGENDA R EPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: July 19, 2022
City Clerk {)
Laura Campagnolo, Legislative Analyst (f--
Agenda Item
Approvals:

City Manager
Dept. Head
5D(J')
0 10 --- Attorney ~
Finance ~

DESIGNATION OF VOTING DELEGATE AND AL TERNATE(S) TO REPRESENT SAN CLEMENTE AT

THE LEAGUE OF CALIFORNIA CITIES ANNUAL BUSINESS MEETING Fiscal Impact: $2,600 is included in the FY 2023 City budget to fund the attendance of two Councilmembers at the League of California Cities Conference. • Summary:

Recommended
The League of California Cities Annual Conference is scheduled for September 7-9, 2022 in Long Beach. A portion of the Annual Conference is the Annual Business Meeting that will take place on September 9 2022. At this meeting, the League membership considers and takes action on resolutions that establish Cal Cities policy.

In order to vote at the Annual Business Meeting, the City Council must designate a voting delegate. Council may also appoint up to two alternate voting delegates, one of whom may vote in the event the designated voting delegate is unable to do so.

At this time, Staff requests that Council determine whether or not to appoint a voting delegate/alternate(s) to represent the City at the Annual Business Meeting on September 9, 2022.

Action: STAFF RECOMMENDS THAT the City Council determine whether or not to appoint a voting delegate to represent the City at the Annual Business Meeting of the League of California Cities Annual Conference on September 9, 2022, and also determine whether or not to appoint an alternate(s) to vote on the City's behalf in the event the voting delegate is unable to vote at the Annual Business Meeting.

Attachments: League of California Cities - Voting Delegate Notice City Clerk Agenda Report
7-19-22 I 5D(1)-1

LEAGUEOF

CALIFORNIA
CITIES
DATE: June 1, 2022
Council Action Advised by August 31, 2022
TO: City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Confere·nce & Expo - September 7-9, 2022 Cal Cities 2022 Annual Conference & Expo~ scheduled for September 7-9, 2022 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, September 9. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.

In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.

Please complete the attached Voting Delegate form and return it to Cal Cities office no later than Friday, September 2. This ·wm allow us time to establish voting delegate/ alternate records prior to the conference.

Please view Cal Cities' event and meetino policy in advance of the conference. o Action by Council Required. Consistent with Cal Cities bylaws, a city's voting delegate and up to two alternates must be designated by the city council.

When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. o Conference Registration.Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by June 1 on the Cal Cities website. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting . ..
7-19-22 / 50(1)-2

LEAGUE OF

CALIFORNIA
CITIES
• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges.
- -------•-•···-·---- ·- ··- - ---· --
The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, September 7, 8:00 a.m. - 6:00 p.m.; Thurs.day, September 8, 7:00 a.m. -4:00 p.m.; and Friday, September 9, 7:30 a.m.-12:30 p.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures ·and this memo with your council and especially with the individuals that your council d esignates as your city's voting delegate and alternates.

Once again, thank you for completing the voting delegate an_d alternate form and returning it to Cal Cities office by Friday, September 2. If you have questions, please call Darla Yacub at (916) 658-8254.

Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
7-19-22 / 50(1)-3
J
"\. LEAGUE OF
\ CALIFORNIA
CITIES
Annual Conference Voting Procedures
l. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provideQ to tt,e ~al Citie.s Cr~qentia_ls ~orr,imitte~.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a_special sticker on their name badge and thus be admitted to the voting area at the Business Meeting.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate.

6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate.

7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting.
7-19-22 / 50(1)-4

LEAGUE OF
• CALIFORNIA
CITIES II cmr _ _____ _
2022 ANNUAL CONFERENCE

VOTING DELEGATE/ ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Friday, September 2, 2022. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk.

1. VOTING DELEGATE
Name: _ ____ _______ _
Title: _______ _ _____ _

2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: ____________ _ Name :
--------- --- Title : _____________ _ Tit I e: _ ______ _____ _

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ___ _ __________ Email ______ ___ ___ _
Mayor or City Clerk~------ --- Date _ ____ Phone ______ _ (circle one) (signature) Please complete and return by Friday, September 2, 2022 to:

Darla Yacub, Assistant to the Administrative Services Director E-mail: [email protected]; Phone: (916) 658-8254
7-19-22 I 50(1)-5
II
.. Q~(;y,pf
5-pn lJlem~n ·QP.lif.Ql7)i
January - March 2022

CURRENT FINANCIAL CONDITION
In FY 2021-22, the City's is budgeted to maintain a small positive operating position. At the end of the third
quarter, expenditures exceed revenues due to the timing of property and sales tax receipts. Revenues and
expenditures are within budgetary expectations for this time of the year.

GENERAL FUND
General Fund revenues through the third quarter total
$49.2 million, or 67% of the $73.9- million annual
budget. General Fund revenue is $4.8 million higher than last year's third quarter total revenue due to increased activity levels as pandemic restrictions were eased.

General Fund expenditures total $54.8 million for the
third quarter, or 67% of the $81.3 million annual budget, as compared to $49.9 million at this time last year. In total, expenditures ended the quarter $4.9 million higher than the same period for the prior year.

Additional information on General Fund revenues and
expenditures are discussed further in this report.
$100.0
'in
c: $80.0
.2
'E $60.0
C:
-~ $40.0
~ $20.0
C
$-
General Fund -
Current Year Actual to Budget
Revenues
11Budget l!IActual
Expenditures

GENERAL FUND REVENUES
Revenues b Cate or Bud et YTD Actual %
Property Taxes 38,697,220 24,365,240 63%
Sales Tax 12,181,000 7,917,283 65%
Transient 0 cc. Tax 2,290,000 2,082,935 91%
Other Taxes 3,454,000 1,624,143 4 7%
Permits & Fees 1,361,170 1,298,626 95%
Intergovernmental 1,381,840 963,923 70%
Service Charges 5,890,830 5, 500,610 93%
Fines 569,750 4 21,101 74%
Interest, Rents, Other 3,465,990 2,186,295 63%
Interfund Transfers 4 587 570 2 805 378 61%
73 879 370 49 165 534 67%
7-19-22 / 70
Property Taxes: Property taxes total $24.4 million,
primarily from secured taxes. The amount is $943,995
higher than in the prior year due to higher tax va lues and property transfers.

Sales Tax: Sales tax receipts amount to $7 .9 million,
compared to $6. 9 million in the 3rd quarter of the prior year. Higher receipts continue driven by strong receipts in retail, dining, and fuel stations.

Transient Occupancy Taxes {TOT}: Transient
occupancy taxes total $2.1 million, $802,944 higher
than at this time last year, mainly due to travel
restrictions in effect and low travel activity last year.

Other Taxes: Other taxes, consisting mostly of
franchise fees and business licenses, total $1.6 million, which is similar to the prior year. The largest franchise fees, from SDG&E and Southern California Gas, are
remitted in April of each year.

Permits & Fees: Permits and fees are at $1.3 million.

This is $278,177 more than in the prior year, due to an increase in construction permits from prior year levels.

Intergovernmental: Intergovernmental, which
derives mainly from grant revenues, total $963,923,
which is $394,305 lower due in part to the timing of
the S.O.N.G.S. grant revenue in the current year and
receipt of the Sand Replenishment grant in the prior
year.

Service Charges: Service charges, from general
government, public safety, parking meter and
recreation, amount to $5.5 million, about $1.5 million
higher than last year. This increase is the result of an increase in ambulance services and recreation service
charges as activity levels increased in the current year.

Fines: Revenues from fines total $421, 101, which
$180,550 higher than the prior year due to increases
in parking violations and vehicle code fines.
► Interest, Rents & Other: Interest, rents and other
reimbursements tota l $2.2 million, about $427,454
higher than the prior year, due to increased rentals and concessions due to restrictions during the COVID
pandemic in the prior year.
7-19-22 I 70 -1
Quarterly Financial Report

GENERAL F UND EXPENDITURES
Ex enditure b T e Bud et YTD Actual %
Salaries 12,790,940 7,982,804 62%
Benefits 7,458,860 5,850,125 78%
Supplies 1,175,220 652,402 56%
Contractual Services 43,446,595 30,232,666 70%
Other Charges 1,274,010 990,249 78%
Capital Outlay 5,885,300 1,292,542 22%
Interdepartmental 4,973,190 3,847,643 77%
Transfers & Debt 4 275 100 3 938 034 92%
Total 81 279 215 54 78 6 -465 67%
Ex enditure b De t ' Bud et YTD Actual %
General Government 5,652,480 3,870,251 68%
City General 6,034,990 4,226,761 70%
Police 20,477,510 15,612,282 76%
Fire 13,368,680 10,385,050 78%
Marine Safety 1,998,810 1,264,734 63%
Comm. Development 7,295,180 4,128,163 57%
Public Works 20,687,955 11,636,342 56%
Beaches Parks & Rec 5 763 610 3 662 882 64%
Total 81.279 215 54 786 465 67%
Expenditures at the third quarter of FY 2021-22 are
$54.8 million compared to prior year's $49.9 million,
which is an increase of $4. 9 mi llion. Salaries decrease $614,674 due to staff vacancies. Benefits increase by
$ 1. 1 million partially due to a pension payment as part of the "3-2-1 Plan" completed this quarter. Contractual services increase $2.7 million as a result of higher police and fire contract costs, electricity, maintenance, and
other contract services attributable to activity levels as pandemic restrictions were eased. According ly, other
charges increased by $368,000 for recreation contract
class instructor payments from the prior year.

Police and fire increase total $3.0 million based mostly public safety contracts and ambulance costs, a long with a $550,000 one-time pension payment in March. Other
department increases were mostly due the one-time
pension payment under the "3-2-1 Plan" within t he
General Fund. Department changes also reflect the
following: 1) General government reflects filling the City Manager position and increases to a variety of costs
including economic development costs, 2) Public works
costs increased due to maintenance and operating costs
for open facilities, and 3) Beaches, Parks and Recreation increased as a result of contract class instructors due to class activity. Community development was flat
excluding the one-time pension amount and the City
General decreased due to capital activity.

In total, costs are currently within anticipated results.

ENTERPRISE FUNDS
The following tables summarize the operating revenues,
operating expenses, and changes in operating fund
working capital for enterprise funds Including Water,
Sewer, Golf, Storm Drain and Clean Ocean funds.

Third Quarter of FY 2021-22
Revenues
Revenue Bud et • YTD Actual %
Water Fund 24,739,660 16,431,887 66%
Sewer Fund 12,107,015 8,157,491 67%
Golf Fund 2,738,150 2,512,941 92%
Storm Drain Fund 1,430,119 743,657 52%
Clean Ocean Fund 941 291 197 183 21%
Water fund revenue is comparable to the prior year at
about $50,000 higher. Sewer revenues are higher than
the prior year with $280,000 from charges and $1.5
million from depreciation reserve transfers to support
Sewer operations.

Golf Course revenue is at $2.5 million and $0.6 million higher than last year due to $350,000 of increased
concession revenue and $212,000 of service charges.

Clean Ocean fees were up by $60,000 from the prior year due to an increase in parking violations. Storm drain
revenues are comparable, excluding prior year's
transfers.

Water Fund 25,016,660 17,496,178 70%
Sewer Fund 11,628,860 8,047,537 69%
Golf Fund 2,624,810 1,849,893 70%
Storm Drain Fund 1,776,250 1,156,268 65%
Clean Ocean Fund 2 174 640 1 051 598 48%
Water expenses increase by $438,000 when compared to
the prior year, due to a one-time UAL pension payment
and higher purchased water costs. Sewer expenses
Increased $77,000 from property insurance and other
contractual services. Golf and Storm drain expenses are flat when compared to the previous year.

Clean Ocean expenses decreased by $290,000 due to
decreases in fund transfers and other charges.

Workinq Capital
• I • , .. .-.I • ·-· Water Fund 6,167,485 5,380, 194
Sewer Fund -191,118 -559,319
Golf Fund 378,275 927,983
Storm Drain Fund -23,075 -89,556
Clean Ocean Fund -308 879 70 055
Working capital levels are negative in the Sewer and
Storm Drain funds, however they are expected to end the year in a positive position. The Sewer fund and Clean
Ocean fund are both undergoing Cost-of-Service studies
and fee reviews.

ADDITIONAL INFORMATION
General Fund comparative information for the prior year is provided in Table 1 (see attachment).
7-19-22 I 7D-2
Table 1
General Fund Revenues - By Category
Month Ending March 31, 2022
FY 2021 FY 2021 % of FY 2022 FY 2022 % of
Budget Actual Budget Budget Actual Budget
Property Tax $ 37,149,510 $ 23,421,245 63% $ 38,697,220 $ 24,365,240 63% Sales Tax $ 10,248,000 $ 6,918,813 68% $ 12,181,000 $ 7,917,283 65% Transient 0cc. Tax $ 2,195,000 $ 1,279,991 58% $ 2,290,000 $ 2,082,935 91% Other Taxes $ 3,491,000 $ 1,622,763 46% $ 3,454,000 $ 1,624,143 47% Permits and Fees $ 1,302,940 $ 1,020,449 78% $ 1,361,170 $ 1,298,626 95% Intergovernmental $ 1,496,400 $ 1,358,228 91% $ 1,381 ,840 $ 963,923 70% Service Charges $ 4,761,430 $ 3,977,474 84% $ 5,890,830 $ 5,500,610 93% Fines $ 453,640 $ 240,551 53% $ 569,750 $ 421,101 74%
Interest & Rents $ 2,723,630 $ 1,758,841 65% $ 3,465,990 $ 2,186,295 63% lnterfund Transfers $ 3,606,600 $ 2,732,239 76% $ 4,587,570 $ 2,805,378 61% Gen. Fund Total $ 67,428,150 $ 44,330,594 66% $ 73,879,370 $ 49,165,534 67% General Fund Expenditures - By Category
FY 2021 FY 2021 % of FY 2022 FY 2022 %of
Budget Actual Budget Budget Actual Budget
Salaries $ 12,420,760 $ 8,597,478 69% $ 12,790,940 $ 7,982,804 62% Benefits $ 6, 119,450 $ 4,719,879 77% $ 7,458,860 $ 5,850,125 78% Supplies $ 1,127,470 $ 508,309 45% $ 1,175,220 $ 652,402 56% Contractual Services $ 40,556,900 $ 27,572,411 68% $ 43,446,595 $ 30,232,666 70% Other Charges $ 1,096,330 $ 622,391 57% $ 1,274,010 $ 990,249 78% Capital Outlay $ 4,310,260 $ 1,189,346 28% $ 5,885,300 $ 1,292,542 22% Inter Dept Charges $ 5,012,390 $ 4,041 ,846 81% $ 4,973,190 $ 3,847,643 77% lnterfund Transfers & Debt $ 3,271 ,210 $ 2,636,550 81% $ 4,275,100 $ 3,938,034 92% Gen. Fund Total $ 73,914,770 $ 49,888,210 67% $ 81,279,215 $ 54,786,465 67% General Fund Expenditures - By Department
FY 2021 FY 2021 % of FY 2022 FY 2022 %of
Budget Actual Budget Budget Actual Budget
General Government $ 5,111 ,130 $ 3,400,776 67% $ 5,652,480 $ 3,870,251 68% City General $ 6,649,030 $ 4,558,564 69% $ 6,034,990 $ 4,226,761 70% Police $ 18,602,470 $ 13,738,151 74% $ 20,477,510 $ 15,612,282 76% Fire $ 12,003,000 $ 9,222,267 77% $ 13,368,680 $ 10,385,050 78% Marine Safety $ 1,878,740 $ 1,275,136 68% $ 1,998,810 $ 1,264,734 63% Comm. Development $ 6,786,330 $ 4,053,477 60% $ 7,295,180 $ 4,128,163 57% Public Works $ 18,210,950 $ 10,788,905 59% $ 20,687,955 $ 11 ,636,342 56% Beaches, Pks & Rec $ 4,673,120 $ 2,850,934 61% $ 5,763,610 $ 3,662,882 64% Gen. Fund Total $ 73,914,770 $ 49,888,210 67% $ 81,279,215 $ 54,786,465 67% 7-19-22 / 7D-3
City OT
~_a:r..~ w '¼\ $,{Jn iG,lemen.

Qp/ifQm_ia
OCSD - Law Enforcement Contract Vacancy/Overtime
3rd Quarter (Through March 2022)
Summary of OCSD Vacancy and Overtime Hours
Annually, the City expects and budgets through the OCSD contract for both vacancies and overtime costs.

The vacancy savings amount anticipated through the contract is $200,000, this recognizes some hours will not be staffed during the contract period. Consequently, an overtime amount of $866,947 is budgeted through the contract period.

Actual costs related to both vacancies and overtime are reported periodically to City staff and at the year end is recognized through an adjustment. A summary of the activity through the end of the second quarter was received and the following table reflects the hours for vacancy and overtime.

Hours Total Hours
Vacancy Hours (1) (9,903)
Overtime Hours (2) 16,553
Net Hours 6,650
Notes:
(1) Vacancy savings are generated by through a variety of circumstances, including the positions being vacant, scheduled leave, and workers compensation. Vacancy hours reported are comprised of approximately position vacancy hours, leave hours, and workers compensation hours. The actual savings so far this year total $1.0 million, exceeding the contract budgeted savings of $200,000.
(2) Overtime costs are generated by a variety of circumstances, including training, vacancies, vacation, workers compensation, and other special requests for events or other activities. The total overtime hours in the second quarter were 16,553 hours. The actual overtime costs total $1.S million, and is at 195% of the contract budget amount for the year. 7-19-22 I 7D-4
(
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: July 19, 2022
Beaches, Parks and Recreation
Samantha Wylie, Beaches, Parks and Recreation Director
2021 WALL OF RECOGNITION HONOREES
Agenda Item ·7 (;,
Approvals:

City Manager Ir
Dept. Head
Attorney _Q_
Finance ~
Fiscal Impact: None.

Summary: The Wall of Recognition Committee recommends that City Council approve and honor the selection for the 2021 honorees, Don Glasgow and Lisa Spinelli.

Background: In 1994, City Council approved the creation of the Wall of Recognition ("Wall") designed to honor individuals who have dedicated their time to improving the quality of life for the residents and visitors of the City of San Clemente. The Wall is located in the lobby at the Community Center and currently recognizes 40 recipients. There is a plaque adjacent to the names that describe the reasons for the creation of the Wall of Recognition. The plaque reads as follows:

This "Wall of Recognition" is dedicated to those individuals who, through their contributions and selfless efforts, have made the City of San Clemente, our community, a better place to live, work, and play. These individuals have been selected by their fellow citizens as individuals who have gone the extra mile for San Clemente, their community.

Recently, residents and community-based service organizations submitted nominations for the Wall of Recognition selection process.

The Wall of Recognition Committee is now composed of a representative from the City Council, Beaches, Parks and Recreation Commission, Human Affairs Committee, and past recipients of this prestigious award. The 2021 Wall of Recognition Committee members are City Councilmember Kathy Ward, Commissioner Teri Rousseau, Committee Member Lisa Edone, Beaches, Parks & Recreation Director Samantha Wylie, and former recipients Joe Anderson, Rod Rodriguez, Jan Sener, Dr. William Thomas, Ruth DeNault, Jim Nielsen, Robert Hayden, Dr. Gus Gialamas, MD, Peggy Vance, Lou Leto, Lori Donchak, and Ed Stewart.

Discussion: Committee Members submitted votes by mail for the candidates, and on, May 23, 2022, members of the Wall of Recognition Committee met and reviewed the information submitted by the sponsor for each nominee. The Committee based their selection on criteria that included lifetime achievements, areas of contribution, multidimensional and long-term benefits that include more than one project, and community involvement.

Beaches, Parks and Recreation Agenda Report
7-19-22 I 7G-1
Agenda Repo1t
Recommended

Page 2 ends

Based on this information, the Committee selected Lisa Spinelli and Don Glasgow as the 2021 honorees. Attached is background information on the honorees as submitted by the nominators that describe their many outstanding contributions to the community.

Upon City Council approval, the Wall of Recognition Committee would request the Mayor honor Lisa Spinelli and Don Glasgow with certificates of recognition. A plaque for each honoree will then be mounted permanently on the "Wall" at the Community Center.

Based on direction by past Wall of Recognition Committees, staff will notify only the nominators of the nominees that were not selected, thereby, leaving notification to the discretion of the nominators to notify those that were not selected for this honor.

Action: WALL OF RECOGNITION COMMITTEE RECOMMENDS THAT the City Council 1) approve the selection for the 2021 recipients, Lisa Spinelli and Don Glasgow to be honored on the Wall of Recognition; and 2) direct the Mayor to present the honorees with certificates of recognition.

Attachments: 1. Background information on selected recipients

2. Wall of Recognition Honorees

3. Wall of Recognition Summary Policy
Notification: Wall of Recognition Committee
Don Glasgow
Lisa Spinelli
Interested Parties
7-19-22 I 7G-2
ATTACHMENT 1
2019 Nomination

1. Nominee Information:

Name of Nominee: Don Glasgow
Nominee Address:

Nominee Age: 82
Length of time nominee has resided in San Clemente: 20+ Years

2. Sponsor Type: (o) Consensus of 10 Individuals

3. Sponsor Information:

If sponsor is non-profit organization, organization name: Not answered If sponsor is consensus, name of sponsoring individuals (minimum of 10) whose primary residences are in the City of San Clemente:

Jim Holden
Brian Caughlin
Jeff Smith
Brian Weaver
Haby Brenner
Dave Baldwin
Heather Holden
Ben Colandreo
Teri Steel
Tyler Wilde
Contact Person: Jim Holden
Address:

Phone Number:

E-Mail Address:

4. Service to the Community:

Services provided by the nominee that benefited the community and length of time they were provided. Estimate the number of hours the nominee spent in the provision of these services.

Don was a driving force developing & fundraising to support Courtney's Sandcastle.

Don has for years collected golf equipment to give to Marines.

Don has rallied San Clemente residents to help the needy in Mexico Don has helped Fish for Life that takes special needs children fishing.

Don stared a bike drive collecting used bikes in SC to send to Mexico.

Don has been involved volunteering with several other San Clemente non profits.

Don has even received a lifetime volunteer award from the President of the United States in 2015!
Don has devoted thousands of hours helping others in our community. 7-19-22 I ?G-3
2019 Nomination
A description of why the services provided by the nominee were of value to the community and why the sponsor considers the nominee to be ideal for the Wall of Recognition. The sponsor shall be responsible to verify the accuracy of the information provided.

Don has a servants heart.

He identifies needs in our community and helps to make a difference.

5. Additional Comments (optional):

Not answered
7-19-22 I 7G-4
(
2020 Nomination

1. Nominee Information:

Name of Nominee: Lisa
Nominee Address:

Nominee Age: 75
Length of time nominee has resided in San Clemente: 46 Years

2. Sponsor Type: ( o) Non-Profit Organization

3. Sponsor Information:

If sponsor is non-profit organization, organization name: San Clemente Historical Society
If sponsor is consensus, name of sponsoring individuals (minimum of 10) whose primary residences are in the City of San Clemente: Not answered Contact Person: Tom Marshall
Address:

Phone Number:

E-Mail Address:

4. Service to the Community:

Services provided by the nominee that benefited the community and length of time they were provided. Estimate the number of hours the nominee spent in the provision of these services.

Lisa has donated her artistic input and talent to numerous non-profit organizations for decades free of charge or at cost. She has spent thousands of hours creating display materials, pamphlets, books and publicity for these organizations. She has been an active member of several San Clemente service organizations including The Historical Society, Rotary, The Woman's Club, Garden Club, Casa Romantica, Junior Women's Club, the City's Memorial Day Celebration, The Spiritual Living·Center, and The Cabrillo Playhouse, among many others. Her artistic talents have added beauty to nearly every aspect of Ole Hanson's vision of a beautiful Spanish village by the sea.

Lisa's talent and dedication to service have greatly enhanced our community for over 45 years. In addition to donating her time and talent to the above mentioned service clubs, last year, for example, she recreated the original metal weathervane for the city-owned Ole Hanson Beach Club and donated by her, The Woman's Club and Historical Society. This project alone resulted in an estimated one hundred hours of her time. She has also designed and provided the artwork for several quarterly exhibits at Casa Romantica, built and painted 7-19-22 I 7G-5
2020 Nomination
sets for The Cabrillo Playhouse, to name just a couple of her recent projects.

Through her art studio, she has also brought honor and enhanced San Clemente's reputation throughout the region as a center for the arts.

5. Additional Comments (optional):

Not answered
7-19-22/ ?G-6
(

1. Nominee Information:

Name of Nominee: Lisa B Spinelli
Nominee Address:

Nominee Age: 74
2020 Nomination
Length of time nominee has resided in San Clemente: 46 years

2. Sponsor Type: ( o) Non-Profit Organization

3. Sponsor Information:

If sponsor is non-profit organization, organization name: SC Historical Society
If sponsor is consensus, name of sponsoring individuals (minimum of 10) whose primary residences are in the City of San Clemente:

This is in support of the nomination by the San Clemente Historical Society. I served as President of the Historical Society from about 2001 to 2004.

Contact Person: Lee Van Slyke
Address:

Phone Number:

E-Mail Address:

4. Service to the Community:

Services provided by the nominee that benefited the community and length of time they were provided. Estimate the number of hours the nominee spent in the provision of these services. Rotarian Bill Ray, a founder of the San Clemente Jazz Festival in the 1990's, recalled that Lisa was instrumental in preparing the publicity and arranging for it. This included press releases, programs, flyers and so on, for a period of several years. Lisa has helped the Cabrillo Playhouse with publicity and programs over the years. Bill Ray had been on the Board of the Cabrillo Playhouse for many years, and found it difficult to say more than that she had helped in many ways. Finding it hard to put into words how many times Lisa had helped Bill over the years, he said "I would definitely endorse Lisa for the Wall of Recognition."
I was the President of the Historical Society when Pall Gudgiersson led the City's celebration of its 75th anniversary. Lisa provided a great deal of assistance to the City throughout that project. I was also a friend of Bertha Henry Taylor, one of the great figures in our City's history. Lisa put together a celebration of Bertha's 100th birthday. This not only was a fun party for a nice lady, it was a way of gathering together the people who had worked together and with Bertha on projects that benefitted the City over Bertha's decades here.

Lisa has been an active volunteer for the Center for Spiritual Living Capistrano Valley (which is in Talega). In addition to many hours of publicity and to her creation of the Center's donor wall, she has served on committees, including 7-19-22 I 7G-7
2020 Nomination
most recently a committee to recommend San Clemente charities deserving of the Center's support.

In my own experience here since 1997, Lisa has helped Rotary, the Historical Society and many other groups I've been involved in. Often she has so many volunteer activities going on that she'll say, "I just have to finish this ____ _ for the Junior Women and the _ __ for the Garden Club and the for the Art Association, and then I will get your _ _ __ to you." One of the reasons Lisa's volunteer work has been hard to tabulate is that she gives as her service her own professional skills as a graphic artist, wordsmith and publicist. She's multitasking hours every day, working on projects for her clients at the same time as projects for our City's non-profits. Another reason it's hard to tabulate her hours is that she helps so many different organizations in San Clemente, including the City itself. At a minimum, I think she has donated more than 30 hours a month for 40 years, or more than 14,000 hours.

Her art is seen in public places and private homes throughout the City. Her photograph of the San Clemente Pier failing during the big storm decades ago has become an enduring part of our historical record. Her volunteer work as a graphic artist and publicist has helped San Clementeans realize their dreams, raise much-needed funds, and create memorable events, including the 75th Anniversary of the City.

Dr. Heather Clark, Senior Minister at the Center for Spiritual Living, wrote, "Lisa's art touches me every day, when I see her design of our donors on the wall. Lisa's design is beautiful and graceful and timeless. When we moved into this building in 2012, we wanted to thank the people who made it possible. Not only does it acknowledge the donors but also the energy suggests that the giving is continuous like the waves of the ocean."
As the submission by the Historical Society states, Lisa's talent as an artist has been a part of the growing recognition of the arts community in San Clemente.

5. Additional Comments (optional):

Not answered
7-1 9-22 I 7G-8
2022 Nomination
1 Nominee Information:

Name of Nominee: Lisa Spinelli
Nominee Address: , San Clemente
Nominee Age: Apx 60
Length of time nominee has resided in San Clemente: 46 Years 2 Sponsor Type:

Non-Profit Organization
3 Sponsor Information:

Phone Number:

E-Mail Address:
4 Service to the Community:

Services provided by the nominee that benefited the community and length of time they were provided. Estimate the number of hours the nominee spent in the provision of these services. Lisa has donated her a1tistic input and talent to numerous non-profit organizations for decades free of charge or at cost. She has spent thousands of hours creating display materials, pamphlets, books and publicity for these organizations. She has been an active member of several San Clemente service organizations including The Historical Society, Rotary, The Woman's Club, Garden Club, Casa Romantica, Junior Women's Club, the City's Memorial Day Celebration, The Spiritual Living Center, and The Cabrillo Playhouse, among many others. Her artistic talents have added beauty to nearly every aspect of Ole Hanson's vision of a beautiful Spanish village by the sea.

A description of why the services provided by the nominee were of value to the community and why the sponsor considers the nominee to be ideal for the Wall of Recognition. The sponsor shall be responsible to verify the accuracy of the information provided. Lisa's talent and dedication to service have greatly enhanced our community for over 45 years. In addition to donating her time and talent to the above mentioned service clubs, last year, for example, she recreated the original metal weathervane for the city-owned Ole Hanson Beach Club and donated by her, The Woman's Club and Historical Society. This project alone resulted in an 7-19-22 I 7G-9
2022 Nomination
estimated one hundred hours of her time. She has also designed and provided the atiwork for several quarterly exhibits at Casa Romantica, built and painted sets for The Cabrillo Playhouse, to name just a couple of her recent projects. Through her aii studio, she has also brought honor and enhanced San Clemente's reputation throughout the region as a center for the aiis.
5 Additional Comments (optional):

Not answered
7-19-22 / 7G-10
(
ATTACHMENT 2
Currently, there are 40 individuals named to the Wall. They include:
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
M ax Berg
Leo F. Fessenden
Anthony R. "Tony" DiGiova nni
William A. "Mac" McGill igan
Richard Thomas Steed
Arlie Waterman
Don R. McCanne, M .D.

Lee Steelman
Dorothy Fuller
Jan Sener
R. Stan Manning
Eleanor Yutzi
Dick Arons
Peggy Stroud
Ralph Klaasen
Woodrow "Woody" Chesney Stingley
Wilma Bloom
Jim Johnson
Julie DiGiovanni
Richard "Rod" Rodriguez
Agnes Nesbitt
Pete McKenzie
Jim Holbert
Rex Tyner
Ann Hansen and Don Hansen
Bertha Henry Taylor
Joe Anderson & M ary Anna Anderson
Dr. William "Bill" Thomas
Tony Carbonara
Ruth DeNault
Betty Limberg
Jim Nielsen
Robert "Bob" Hayden
Gus Gialamas, MD
Peggy Vance
Lou Leto
Lori Donchak
Ed Stewart
7-19-22 I 7G-1 1

CITY OF SAN CLEMENTE

WALL OF RECOGNITION
(Summary of Policy)
ATTACHMENT 3
In recognition of the outstanding efforts of individuals who dedicate time and effort to the betterment of the community, the City of San Clemente has established a Wall of Recognition, located in the lobby of the Community Center, 100 North Calle Seville. The contributions and selfless efforts of these individuals have made the City of San Clemente a more productive and enjoyable place to live, work and play.

In February of each year, the City accepts nominations, from non-profit organizations or groups consisting of 10 or more individuals, of any person who meets the qualifications, as listed below, to be recognized on the Wall of Recognition. A review committee, comprised of a representative of the City Council, the Beaches, Parks and Recreation Commission, the Human Affairs Committee, City staff, and past recipients of the award reviews the applications and makes a recommendation to City Council. The recipient chosen is permanently honored on the Wall with a plaque describing the contributions of the individual.

Guidelines for Sponsorship
In order for a nominee to be considered for the Wall of Recognition, he/she must be sponsored by a group in the following manner:
a. Non-Profit Organization: The nominee is sponsored by an organization registered with the State of California as a not-for-profit community organization, exempt under Section 501 (c) (3) of the Internal Revenue Code; or b. Consensus: The nominee is sponsored by a minimum of 10 individuals whose primary residences are in the City of San Clemente.

Qualifications of the Nominee to be Recognized on the Wall of Recognition a. The nominee must be a resident (primary residence) of the City of San Clemente for a minimum of 10 years.
b. Service to the community must have been performed in the City or can be adequately shown to have directly benefited the City.
7-19-22 I ?G-12
Wall of Recognition Policy
Submittal Requirements
The following items shall be included in the request to recognize a nominee on the Wall of Recognition. The request shall be limited to one (1) single-sided 8 1/2" by 11" typewritten page.
a. Name, address and age of individual nominated.
b. Name and address of the sponsor(s) and the name and address of the contact person who wi ll represent the sponsor. Only one individual shall be listed as the contact person. For nominees being sponsored by a consensus group, the list of sponsoring individuals can be submitted on a separate sheet of paper. c. Length of t ime the nominee has resided in the City (primary residence). d. Services provided by the nominee that benefited the community and length of time they were provided. Estimate the number of hours the nominee spent in the provision of these services.
e. A description of why the services provided by the nominee were of value to t he community and why the sponsor considers the nominee to be ideal for the Wall of Recognition. The sponsor shall be responsible to verify the accuracy of the information provided.

Application Deadline
Written nominations may be submitted to the Beaches, Parks and Recreation Department, 100 N.

Calle Seville, San Clemente, CA 92672. The deadline for submittals is 5:00 p.m. on the last Thursday of February each year. Submittals received after the deadline will be returned to the sponsor unopened.

Should you need further clarification regarding qualification and submittal requirements, please call the Beaches, Parks and Recreation Department at (949) 361-8237.

Page 2 ends

7-19-22 / ?G-13
Department:

Prepared By:

Subject:

Fiscal Impact:

Summary:

Background:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: July 19, 2022
City Manager
Jennifer Savage, Assistant to the City Manager
Agenda Item €) A:

Approvals:

City Manager '1J ~
Dept. Head --- Attorney C. J
Finance ~

RESOLUTION AND ORDINANCE AUTHORIZING THE CITY OF SAN CLEMENTE TO IMPLEMENT

COMMUNITY CHOICE ENERGY AS A MEMBER OF THE CLEAN ENERGY ALLIANCE To be determined. San Clemente will be responsible for one third of the cost to update the Clean Energy Alliance Implementation Plan, sharing the cost with two other cities.

There are existing funds of $6,000 in account #001-151-43690-000-00000 for Community Choice Energy; staff would return to Council if an appropriation for additional funds is necessary.

Staff recommends that City Council introduce an Ordinance authorizing the City to implement Community Choice Energy pursuant to State law; and adopt a Resolution authorizing the City's membership in the Clean Energy Alliance through execution of its Joint Powers Agreement as amended, and to ratify the Mayor's appointment of a Councilmember and alternate to the Clean Energy Alliance Board of Directors.

Overview of Community Choice Energy
Community Choice Energy (CCE) or Community Choice Aggregation (CCA) enables local jurisdictions to form a separate agency that purchases energy directly from power suppliers rather than Investor-Owned Utilities (IOUs), such as San Diego Gas and Electric (SDG&E). The IOU maintains the electricity grid, delivery of energy, and bills customers. However, with CCA, local jurisdictions have control over energy procurement to purchase power, set completive rates, and collect revenue. Revenue is often used to fund special programs such as rebates for solar panels.

Summary of Recent Steps
Although the City has considered CCE several times, the City Council has taken steps more recently to move towards implementation of CCE in San Clemente. On August 17, 2021, the City Council authorized Phase I of a CCA Feasibility Study. On October 19, 2021, the consultant presented the findings of Phase I (Attachment 3) and Council directed:

1. City staff to engage with Clean Energy Alliance (CEA) regarding next steps to join CEA;

2. Establish a Council subcommittee to be involved;

3. City staff to request SDG&E data; and

4. Offer meetings to keep Council apprised of the status.

Mayor James and Mayor Pro Tern Duncan make up the Council subcommittee, and City staff requested SDG&E data in January 2022. After CEA analyzed the data, CEA -
City Manager's Agenda Report
7-19-22 / SA-1
AgL"nda lh:porl Page 2
presented their findings to the subcommittee in April 2022. CEA identified that, although energy costs fluctuate, there would be savings to San Clemente customers and this report provides an opportunity for City Council to pursue next steps to join CEA
On July 12, 2022, the City held a community workshop to provide the community an opportunity to learn about Community Choice Energy and ask questions. The City advertised for the workshop through a press release and social media. The workshop was attended by 23 community members and the Community Choice Energy Council Subcommittee. The CEO of CEA provided a presentation (Attachment 4) and answered questions.

Requirements to Join
In order to join CEA, the City must adopt an Ordinance pursuant to California Public Utilities Code Section 366.2(c)(12) to implement CCE. In addition, the City must adopt a Resolution to execute the CEA's Joint Powers Agreement, and ratify the Mayor's appointment of a Councilmember and alternate to represent San Clemente on the CEA Board of Directors. If the City Council introduces and adopts an Ordinance and Resolution, the earliest launch of service is April 2024 (see Table 2 for additional timeline details).

Discussion: Financial Analysis
CEA conducted a financial analysis utilizing the City's 2021 SDG&E aggregate electrical load data. The analysis forecasts customer electricity rates, compares rates to SDG&E, and considers net operating costs and revenues with San Clemente's customers.

The full financial analysis and assessment was presented to the CEA Board on May 26, 2022 (Attachment 5). The financial analysis found savings to San Clemente customers would range from 0.82% to 2.80% over SDG&E costs depending the percent of renewable energy (Table 1 below). San Clemente's forecasted savings are in the range of customer savings in existing CEA members Cities of Carlsbad, Del Mar, and Solana Beach range from 0.6% to 3.64%; the Carlsbad and Del Mar 100% Renewable Green energy choice costs 1 % more than SDG&E costs.

Table 1. Estimated Savings for Average San Clemente Household - -- --· "
- -•---.-
Generation
75%/100% Premium --· PCIA+FFS*
Generation Costs
SDG&E Delivery
Tota! AvQ. Monthly Bill
$ Savinqs
% Savings

SDG&E CEA CEA CEA
31 % Renewable 50% Renewable 75% Renewable 100¾ Renewable -- $60.94 $44.85 $44.85 $44.85
- - $0.40 .$2.97
- $11.90 $11.90 $11.90
$60.94 $56.74 $57.14 $59.71 ··- $89.32 $89.32 $89.32 $89.32 $150.27 $146.07 $146.47 $149.04
- ($4.20) ($3.80) ($1.2_?}
- 2.80% 2.53% 0.82% --· *PCIA + FFS 1s the Power Charge Indifference AdJustment and Franchise Fee Surcharge '*Average 396 kWh Usage
7-19-22 I 8A-2
Agenda Report Page 1
CEA strives for a minimum of 5% reserve contributions each year from electricity sales. The financial analysis notes that due to recent volatility and wholesale price increases in the energy market, reserve contributions would be lower than 5% without a 2.5% rate increase. The estimated savings in Table 1 above reflect the assumption of a 2.5% rate increase.

Ordinance
California Public Utilities Code Section 366.2 requires that the City adopt an Ordinance (Attachment 1) to implement CCE. The ordinance states the City's intention to join CEA and identifies a customer's right to opt out of the program at any time if the customer wants to maintain power procured by SDG&E.

Resolution
In order to join CEA, the City must adopt a Resolution to execute an agreement with CEA (Attachment 2). If the City Council approves the resolution, the CEA Board of Directors will ratify San Clemente as a new member to the Joint Powers Authority (JPA) at a future CEA Board meeting.

As part of the resolution, the Mayor must appointment a Councilmember and alternative Councilmember to CEA's Board of Directors. The City of San Clemente will have authority in decisions regarding CEA operations and priorities.

Once San Clemente is ratified as a new member, CEA will amend its Implementation Plan to include the City. The City is required to provide a portion of up to $50,000 for the Implementation Plan. The Plan amendment would cost up to $50,000 and the cost would be shared with two other cities planning a 2024 implementation year - Oceanside and Vista. (Note: The last Plan amendment, conducted in 2021, cost $14,000). In addition, the cost will be reimbursed. CEA must submit the Plan to the California Public Utilities Commission (CPUC) for approval.

Next Steps
After the City of San Clemente introduce and adopt an Ordinance and Resolution, the CEA Board would approve San Clemente's membership. The CEA Board would consider and adopt the Implementation Plan later this year to submit to the CPUC in December. Table 2 below identifies the key dates and steps.

Table 2. Timeline to Launch Community Choice Energy
--·-·
Date Activity
May 2022 CEA Board Reviews/Approves Assessment
July/August 2022 San Clemente adopts Resolution to join CEA and Ordinance to implement CCE
July 2022 CEA approves San Clemente membership
October 2022 CEA considers Draft Implementation Plan Amendment •--- November 2022 CEA ap~roves lm~lementation Plan Amendment December 2022 CEA files Implementation Plan Amendment with CPUC March 2023 CPUC approves Implementation Plan Amendment
April 2024 Launch CEA service in San Clemente -
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Agenda Report Page 4
Plan and Policy
Consistency: The project is consistent with the following General Plan Goals Policies:

Council
Strategy:

Recommended
• Natural Resources Goal: Reduce consumption of non-renewable energy sources and ensure efficient use development and conservation of sustainable, non-polluting energy sources.
• Policy NR-6.07. Renewable Energy Resources. We work with other agencies and utility providers to develop safe, economical and renewable energy resources, and we help reduce non-renewable energy use through public education and participation in energy conservation programs. • Energy Goal: Maintain a reliable, safe, and economically sustainable energy system that incorporates conservation and alternative energy resources to help decrease reliance on fossil fuels and reduce the impacts of global climate change.
• Policy PSFU-9.07. Renewable Energy Resources. We work with other agencies and utility providers to develop safe, economical, and renewable energy resources in San Clemente.

The action is consistent with Council Strategy 2 - Grow resident confidence and value in City services and operations - in that implementing Community Choice Energy shows residents that the City is working to strengthen economic interests Action: STAFF RECOMMENDS THAT the City Council:

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

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE
AGGREGATION PROGRAM; and

2. Adopt Resolution No._ entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE

EXECUTION OF THE JOINT EXERCISE OF POWERS AGREEMENT FOR

MEMBERSHIP IN THE CLEAN ENERGY ALLIANCE, A COMMUNITY JOINT POWERS AUTHORITY, with Agreement.

Attachments: 1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY

CHOICE AGGREGATION PROGRAM

2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, AUTHORIZING THE EXECUTION OF THE JOINT EXERCISE OF

POWERS AGREEMENT FOR MEMBERSHIP IN THE CLEAN ENERGY ALLIANCE, A COMMUNITY JOINT POWERS AUTHORITY, with Agreement

3. October 19, 2021 Agenda Report with Attachments

4. July 12, 2022 Community Workshop PowerPoint

5. May 26, 2022 CEA Board Report
Notification: Clean Energy Alliance
7-19-22 / 8A-4
AITACIIML:Nl I
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING THE IMPLEMENTATION OF A

COMMUNITY CHOICE AGGREGATION PROGRAM
WHEREAS, California Public Utilities Code (the "Act") Section 366.2 authorizes cities and counties to individually or jointly provide retail electric service to an aggregation of customers with their jurisdictions, which is referred to as community choice aggregation (CCA); and
WHEREAS, the City completed Phase I of a feasibility study which determined that a CCA program could result in local benefits including the use of renewable energy at levels above the State Renewables Portfolio Standard, the provision of competitive rates to consumers, and economic opportunity for the City; and WHEREAS, pursuant to Section 366.2 of the Act, if each entity adopts the ordinance required by Public Utilities Code Section 366.2(c)(12), two or more public entities authorized to be a community choice aggregator under Section 331.1 of the Act may participate jointly in a CCA program through a Joint Powers Authority established pursuant to Government Code Section 6500 et seq.; and
WHEREAS, the City wishes to implement to CCA program at this time joining as a member to the Joint Powers Authority known as Clean Energy Alliance, consisting of the member agencies of Carlsbad, Del Mar, and Solana Beach; and WHEREAS, under section 366.2 of the Act, customers have the right to opt out of the CCA program and continue to receive bundled electric service from the incumbent utilities; and
WHEREAS, 366.2(c)(12) of the Act provides that an entity which elects to implement a CCA program within its jurisdiction must do so by ordinance; and WHEREAS, this ordinance is exempt from the requirements of the California Environmental Quality Action (CEQA) pursuant to the State CEQA Guidelines, as it is not a "project" and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment (Section 15061 (b)(3)). The ordinance is also categorically exempt because it is an action taken by a regulatory agency to assure the maintenance, restoration, enhancement or protection of the environment (Section 15308); and
NOW, THEREFORE, the City Council of the City of San Clemente, California, hereby ordains as follows:
7-19-22 I 8A-5
/\TT/\CHMENT I
Section 1: The above recitals are true and correct.

Sectiqr1_~: In order to provide businesses and residents within the jurisdictional boundaries of the City with a choice of electric service providers and with the benefits described in the recitals above, the City Council hereby elects pursuant to Section 366.2(c)(2) of the Act to implement a CCA program within the jurisdiction of the City of San Clemente by participating in the CCA program of the Clean Energy Alliance, under the terms and conditions provided in its Joint Powers Agreement, on file with the City Clerk.

Section 3: This Ordinance shall take effect and be in force thirty (30) days after its passage.

Section 4: The City Clerk shall certify to the passage of this ordinance and cause the same to be published as required by law, and the same shall take effect as provided bylaw.

Section 5: This is a non-codified Ordinance.

APPROVED AND ADOPTED this __ day of _______ , 2022.

ATTEST:

City Clerk of the City of
San Clemente, California
Mayor of the City of San
Clemente, California
7-19-22 / BA-6
/\TIACHMLNT I

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. ---··-- - having been regularly introduced at the meeting of __________ , was again introduced, the reading in full thereof unanimously waived , and duly passed and adopted at a regular meeting of the City Council held on the __ day of - ··---- ____ , and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this __ day of __________ ,2022.

APPROVED AS TO FORM:

CITY ATTORNEY
CITY CLERK of the City of
San Clemente, California
7-19-22 I 8A-7
ATTACHMENT 2
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE

EXECUTION OF THE JOINT EXERCISE OF POWERS

AGREEMENT FOR MEMBERSHIP IN THE CLEAN ENERGY

ALLIANCE, A COMMUNITY JOINT POWERS AUTHORITY
WHEREAS, Section 6500 et seq. of the Government Code authorizes the joint exercise by two or more public agencies of any power common to them as a Joint Powers Authority (JPA); and
WHEREAS, Public Utilities Code Section 366.2(c)(12)(8) specifically authorizes two or more cities and/or counties to conduct a Community Choice Aggregation (CCA) program through the creation of a Joint Powers Agency if each public entity adopts an ordinance; and WHEREAS, an existing JPA, known as Clean Energy Alliance (CEA) and currently including the Cities of Solana Beach, Del Mar, and Carlsbad, allows its members to share resources and jointly provide and achieve the environmental and economic benefits of a CCA program on a regional basis; and
WHEREAS, on October 19, 2021, the City Council received Phase I of a Community Choice Aggregation Feasibility Study, dated October 2021; and WHEREAS, on October 19, 2021, the City Council directed City staff to pursue joining the Clean Energy Alliance; and
WHEREAS, this Resolution and the creation of the CEA is exempt from the requirements of the California Environmental Quality Action ("CEQA"), as it involves organizational and administrative activities of government that will not result in direct or indirect physical changes on the environment, and therefore is not considered a "project" (Section 15378(b)(5)); and
WHEREAS, the City desires to enter into the existing JPA Agreement ("Agreement") to join the CEA along with the current Members identified in the Agreement, and any additional members approved by the JPA Board in the future.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:
§ection 1. All the recitals are true and correct.

Section 2. The Clean Energy Alliance Joint Powers Agreement, including any amendments creating and governing the CEA, which is attached hereto as Exhibit A and is incorporated.

Section 3. The City Manager or his designee is further authorized to prepare, negotiate and execute such other related applications. agreements and written documents 7-19-22 I 8A-8
Resolution No. Page 2
as may be required by CEA and related entities to implement the intent and purpose of this Resolution and State law.

Section 4. Councilmember _____ is appointed to serve on the CEA Board of Directors, and Councilmember is appointed as alternate.

Section 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this ·-----day of ______ ~-• 2022.

ATTEST:

City Clerk of the City of
San Clemente, California
Mayor of the City of San
Clemente, California
7-19-22 / BA-9
Resolution No. Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this __ day of _______ , 2022.

Approved as to form:

City Attorney
CITY CLERK of the City of
San Clemente, California
7-19-22 / BA-10
DocuSign Envelope ID: 864 17318-68FD-480D-8ADD-7 A 197 Al8682f' Clean Energy Alliance Joint Powers Agreement
Effective: November 4, 2019
As amended by Resolution 2021-012 dated September 30, 2021

EXHIBIT A
As further amended by Resolution 2021-014 dated November 18, 2021 and attached Amendment No. 1.

As further amended by Resolution 2021-015 dated December 17, 2021 I 3045-000l\2606345vl .do~
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DocuSign Envelope ID: B6417318-68rD-480D-8ADD-7A 197A78682F EXHIBIT A

CLEAN ENERGY ALLIANCE ,JOINT POWERS AGREEMENT
This Joint Powers Agreement (the "Agreement"), effective as of November 4, 2019, is made by the Parties of the Clean Energy Alliance and entered into pursuant to the provisions of Title I, Division 7, Chapter 5, Article I (Section 6500 et seq.) of the California Government Code relating to the joint exercise of powers among the public agencies set forth in Exhibit B.

RECITALS
I. The Parties are public agencies sharing various powers under California law, including but not limited to the power to purchase, supply, and aggregate electricity for themselves and their customers.

2. SB 350, adopted in 2015, mandates a reduction in greenhouse gas emissions to 40 percent below 1990 levels by 2030 and to 80 percent below 1990 levels by 2050. In 2018, the State Legislature adopted SB I 00, which directs the Renewable Portfolio Standard to be increased to 60% renewable by 2030 and establishes a policy for eligible renewable energy resources and zero-carbon resources to supply 100 percent of electricity retail sales to California end-use customers by 2045.

3. The purposes for the Founding Members (as such term is defined in Exhibit A) entering into this Agreement include procuring/developing electrical energy for customers in participating jurisdictions, addressing climate change by reducing energy-related greenhouse gas emissions, promoting electrical rate price stability and cost savings, and fostering consumer choice and local economic benefits such as job creation, local energy programs and local power development. It is the intent of this Agreement to promote the development and use of a wide range of renewable energy sources and energy efficiency programs, including but not limited to state, regional, and local solar and wind energy production and energy storage.

4. The Parties to this Agreement desire to establish a separate public agency, known as the Clean Energy Alliance ("Authority"), under the provisions of the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.) ("Act") in order to collectively study, promote, develop, conduct, operate, and manage energy programs.

5. The Founding Members have each adopted an ordinance electing to implement through the Authority a Community Choice Aggregation program pursuant to California Public Utilities Code Section 366.2 ("CCA Program"). The first priority of the Authority will be the consideration of those actions necessary to implement the CCA Program on behalf of participating jurisdictions.

6. By establishing the Authority, the Parties seek to:
(a) Provide electricity service to residents and businesses located within the jurisdictional boundaries of the public agencies that are members of the Authority in a responsible, reliable, innovative, and efficient manner;
2 I 3045-000l\2606l4~v l doc
7-19-22 / BA-12
DocuSign Envelope ID B64 1 7318-68FD-480D-8ADD-7 A 197 A 78682F EXHIBIT A (b) Provide electric generation rates to all ratepayers that are competitive with those offered by the Investor Owned Utility, San Diego Gas & Electric (SDG&E), for similar products with a target generation rate at least 2 percent below SDG&E's base product generation rate;
( c) Offer a mix of energy products for standard commodity electric service that provide a cleaner power portfolio than that offered by SDG&E for similar service and other options, including a 90 percent and a 100 percent renewable content options in which communities and customers may "opt-up" and voluntarily participate, with the ultimate objective of achieving- and sustaining- the Climate Action Plan goals of the Parties, at competitive rates;
(d) Develop an aggregate electric supply portfolio with overall lower greenhouse gas (GHG) emissions than SDG&E, and one that supports near-term achievement of the Parties' greenhouse gas reduction goals and renewable. electricity goals; (e) Promote an energy portfolio that incorporates energy efficiency and demand response programs and pursues ambitious energy consumption reduction goals; (f) Pursue the procurement oflocal generation ofrenewable power developed by or within member jurisdictions with an emphasis on local jobs, where appropriate, without limiting fair and open competition for projects or programs implemented by the Authority;
(g) Provide a range of energy product and program options, available to all Parties and customers, that best serve their needs, their local communities, and support regional sustainability efforts;
(h) Support low-income households having access to special utility rates including California Alternative Rates for Energy (CARE) and Family Electric Rate Assistance (FERA) programs;
(i) Use discretionary program revenues to support the Authority's long-term financial viability, enhance customer rate stability, and provide all Parties and their customers with access to innovative energy programs, projects and services throughout the jurisdiction of the Authority; and
(j) Create an administering Authority that seeks to maximize economic benefits and is financially sustainable, well-managed and responsive to regional and local priorities.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter set forth, it is agreed by and among the Parties as follows:
3 I :l045•000112606345v I .doc
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DocuS1gn Envelope 10: B6417318-68FD-4800-8ADD-1A197A78682F EXHIBIT A

1. DEFINITIO~§ .AtsP_EXHIBII

2. I.I Definitions. Capitalized tenns used in this Agreement shall have the meanings specified in Exhibit A, unless the context requires otherwise.

1.2 Documents Included. This Agreement consists of this document and the following exhibits, all of which are hereby incorporated into this Agreement:

Exhibit A: Definitions
Exhibit 8: List of Founding Members and Parties added on or after October 1, 2020, per Section 2.4
FORMATION OF THE COMMU ITY CHOICE ENERGY A1(!HORITX

2.1 Effective Date and Term. This Agreement shall become effective and the Authority shall exist as a separate public agency on the date this Agreement is executed by at least three Founding Members after the adoption of the ordinances required by Public Utilities Code Section 366.2(c)(l2). The Authority shall provide notice to the Parties of the Effective Date. The Authority shall continue to exist, and this Agreement shall be effective, until the Agreement is tenninated in accordance with Section 8.4 (Mutual Termination), subject to the rights of the Parties to withdraw from the Authority under Section 8.1.

2.2 Formation of the Authority. Under the Act, the Parties hereby create a separate joint exercise of power agency named the Clean Energy Alliance. Pursuant to Sections 6506 and 6507 of the Act, the Authority is a public agency separate from the Parties. The jurisdiction of the Authority shall be all territory within the geographic boundaries of the Parties; however, the Authority may, as authorized under applicable law, undertake any action outside such geographic boundaries as is necessary to the accomplishment of its purpose.

2.3 Purpose. The purpose of this Agreement is to establish the Authority, to provide for its governance and administration, and to define the rights and obligations of the Parties. This Agreement authorizes the Authority to provide opportunities by which the Parties can work cooperatively to create economies of scale and implement sustainable energy initiatives that reduce energy demand, increase energy efficiency, and advance the use of clean, efficient, and renewable resources in the region for the benefit of all the Parties and their constituents, including, but not limited to, establishing and operating a CCA Program.

2.4 Addition of Parties. After the initial formation of the Authority and prior to October 1, 2020, any incorporated municipality, county, or other public agency authorized to be a community choice aggregator under Public Utilities Code Section 33 l. l and located within the service territory of SDG&E may become a member of the Authority if it has completed a positive CCE Feasibility Study, adopted a CCA ordinance pursuant to Public Utilities Code Section 366.2(c)( 12), approved and executed this Agreement, and paid or agrees to pay its share of the 4 ! 3045-000ll2606.l4Sv I .doc
7-19-22 I 8A-14
DocuS1gn Envelope ID. B6417318-68F0-4800-8ADD· 7 A 197A78682F EXHIBIT A Initial Costs pursuant to Section 7.3.2 of this Agreement. Notwithstanding the foregoing, such public agency may be denied membership in the Authority if the Board determines within 60 days after the submittal of the CCE Feasibility Study that the addition of the public agency would create an undue risk or financial burden to the Authority or to the achievement of the CAP goals of the Parties.

On or after October I, 2020, any incorporated municipality, county, or other public agency authorized to be a community choice aggregator under Public Utilities Code Section 33 J. J and located within the service territory of SDG&E may apply to and become a member of the Authority if all the following conditions are met:

2.4.J Adoption of a resolution by a two-thirds vote of the entire Board authorizing membership in the Authority;

2.4.2 Adoption by the proposed member of a CCA ordinance as required by Public Utilities Code Section 366.2(c)(l2) and approval and execution of this Agreement and other necessary program agreements by the proposed member;

2.4.3 Payment of a membership fee, if any, as may be required by the Board to cover Authority costs incurred in connection with adding the new party; and

2.4.4 Satisfaction of any other conditions established by the Board.

2.S Continuing Participation. The Parties acknowledge that membership in the Authority may change by the addition, withdrawal and/or termination of Parties.

The Parties agree to participate with such other Parties as may later be added by the Board, as described in Section 2.4 (Addition of Parties) of this Agreement.

The Parties also agree that the withdrawal or termination of a Party shall not affect this Agreement or the remaining Parties' continuing obligations under this Agreement.

3. POWER~

3.1 General Powers. The Authority shall have the powers common to the Parties which are necessary or appropriate to the accomplishment of the purposes of this Agreement, subject to the restrictions set forth in Section 3.4 (Limitation on Powers) of this Agreement.

3.2 Specific Powers. Specific powers of the Authority shall include, but not be limited to, each of the following powers, which may be exercised at the discretion of the Board:

3.2. l make and enter into contracts;
5 I .1045-000 I \1606J-45v I . doc
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DocuS,gn Envelope ID: 8641 7318-68r-D-480D-8ADD-7 A 197 /\78682F EXHIBIT A

3.2.2 employ agents and employees, including but not limited to a Chief Executive Officer;

3.2.3 acquire, own, contract, manage, maintain, and operate any buildings, public works, improvements or other assets including but not limited to public electric generation resources;

3.2.4 acquire property for the public purposes of the Authority by eminent domain, or otherwise, except as limited under Section 6508 of the Act and Sections 3 .6 and 4.12.3 of this Agreement, and to hold or dispose of any property; provided, however, the Authority shall not exercise the power of eminent domain within the jurisdiction of a Party without its affinnative vote under Section 4.12.2;

3.2.5 lease any property;

3.2.6 sue and be sued in its own name;

3.2. 7 incur debts, liabilities, and obligations, including but not limited to loans from private lending sources pursuant to its temporary borrowing powers authorized by law pursuant to Government Code Section 53850 ct seq. and authority under the Act;

3.2.8 issue revenue bonds and other forms of indebtedness;

3.2.9 apply for, accept, and receive all licenses, pennits, grants, loans or other aids from any federal, state or local public agency;

3.2. IO fonn independent corporations or entities, if necessary, to carry out energy supply and energy conservation programs;

3.2.11 submit documentation and notices, register, and comply with applicable orders, tariffs and agreements for the establishment and implementation of the CCA Program and other energy programs;

3.2.12 adopt rules, regulations, policies, bylaws and procedures governing the operation of the Authority;
3 .2.13 make and enter into service agreements relating to the provision of services necessary to plan, implement, operate and administer the CCA Program and other energy programs, including the acquisition of electric power supply and the provision of retail and regulatory support services;

3.2.14 receive revenues from sale of electricity and other energy-related programs; and
6 13045 -000112606345v I .doc
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DocuSign Envljlope ID: 864 7318-6BFD-4B0O-8ADD-7A197A711682F EXHIBIT A

3.2.15 Partner or otherwise work cooperatively with other CCA's on the acquisition of electric resources, joint programs, advocacy and other efforts in the interests of the Authority.

3.3 Additional Powers to be Exercised. In addition to those powers common to each of the Parties, the Authority shall have those powers that may be conferred upon it by law and by subsequently enacted legislation.

3.4 Limitation on Powers. As required by Section 6509 of the Act, the powers of the Authority are subject to the restrictions upon the manner of exercising power possessed by the City of Solana Beach and any other restrictions on exercising the powers of the Authority that may be adopted by the Board.

3.5 Obligations of the Authority. The debts, liabilities, and obligations of the Authority shall not be the debts, liabilities, and obligations of any of the Parties unless a Party agrees in writing to assume any of the debts, liabilities, and obligations of the Authority with the approval of its Governing Body, in its sole discretion. A Party that has not agreed in writing, as duly authorized by its Governing Body, to assume an Authority debt, liability, or obligation shall not be responsible in any way for such debt, liability, or obligation, regardless of any action by the Board. Further, the debts, liabilities and obligations of the City of Solana Beach related to or arising from its existing CCA program, commonly known as the Solana Energy Alliance, shall not be the debts, liabilities or obligations of the Authority or any of the Parties except the City of Solana Beach unless the Board approves assuming specific contracts entered into by the City of Solana Beach. Any such contracts assumed by the Authority shall be obligations of the Authority only and not of any of the Parties. Notwithstanding Sections 4.12.1 and 9.8 of this Agreement, this Section 3.5 shall not be amended or its liability limitations otherwise modified by an amendment to another part of this Agreement unless such amendment is approved by the Governing Body of each Party.

3.6 Compliance with Local Zoning and Building Laws. Notwithstanding any other provisions of this Agreement or state law, any facilities, buildings, structures or other projects (the "project") developed, constructed or installed or caused to be developed, constructed or installed by the Authority within the territory of the Authority (which consists of the territorial jurisdiction of the Parties) shall comply with the General Plan, zoning, land use regulations, building laws and any applicable local Coastal Plan of the local jurisdiction within which the project is located.

3.7 Compliance-with the Political Reform Act and Government Code Section 1090. The Authority and its officers and employees shall comply with the Political Refonn Act (Government Code Section 81000 et seq.) and Government Code Section l 090 et seq. The Board shall adopt a Conflict of lnterest Code pursuant to Government Code Section 87300. The Board may 7 U045-0Qlll'-'h06)45vl dn~
7-19-22 / 8A-17
DocuSign Envelope ID. B6417318-68FD-480D-8ADD-7A197A78682F EXHIBIT A adopt additional conflict of interest regulations in the Operating Policies and Procedures.

4. GOVERNANCE

4.1 Board of Directors.

4.1 .1 The Governing Body of the Authority shall be a Board of Directors ("Board") consisting of one Director for each Party appointed in accordance with Section 4.2 (Appointment and Removal of Directors) of this Agreement.

4.1.2 Each Director must be a member of the Governing Body of the appointing Party. Each Directo_r shall serve at the pleasure of the Governing Body of the Party that appointed such Director and may be removed as Director by such Governing Body at any time. If at any time a vacancy occurs on the Board, then a replacement shall be appointed to fill the position of the previous Director within 45 days after the date that position becomes vacant.

4.1.3 The Governing Body of each Party also shall appoint an alternate to serve in the absence of the primary Director. The alternate also shall be a member of the Governing Body of the appointing Party. The alternate shall have all the rights and responsibilities of the primary Director when serving in his/her absence.

4. 1.4 Any change to the size and composition of the Board other than what is described in this section shall require an amendment of this Agreement in accordance with Section 4.12.

4.2 Appointment and Removal of Directors. The Directors shall be appointed and may be removed as follows:

4.2. I The Governing Body of each Party shall appoint and designate in writing one regular Director, who shall be authorized to act for and on behalf of the Party on matters within the powers of the Authority. The Governing Body of each Party shall appoint and designate in writing one alternate Director who may vote on matters when the regular Director is absent from a Board meeting. The alternate Director may vote on matters in committee, chair committees, and fully participate in discussion and debate during meetings. All Directors and alternates shall be subject to the Board's adopted Conflict oflnterest Code.

4.2.2 A Director may be removed by the Board for cause in accordance with procedures adopted by the Board. Cause shall be defined for the purposes of this section as follows:
a. Unexcused absences from three consecutive Board meetings. 8 I 3045-000l 12606345v I .doc
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DocuSlgn Envelope ID; B6417 318·68FD•4B0D-8ADD· 7 A 19 7 A 78682F EXHIBIT A h. Unauthorized disclosure of confidential information or documents from a closed session or the unauthorized disclosure of infomrntion or documents provided to the Director on a confidential basis and whose public disclosure may be harmful to the interests of the Authority.
c. Violation of any ethics policies or code of conduct adopted by the Board.

Notwithstanding the foregoing, no Party shall be deprived of its right to scat a Director on the Board and any such Party for which its Director and/or alternate Director has been removed may appoint a replacement.

4.3 Director Compensation. The Board may adopt by resolution a policy relating to the compensation or expense reimbursement of its Directors.

4.4 Terms of Office. Each Party shall detennine the term of office for its regular and alternate Director.

4.S Purpose of Board. The general purpose of the Board is to:

4.5. l Provide structure for administrative and fiscal oversight;

4.5.2 Retain a Chief Executive Officer to oversee day-to-day operations of the Authority;

4.5.3 Retain legal counsel;

4.5.4 Identify and pursue funding sources;

4.5.S Set policy;

4.5.6 Optimize the utilization of available resources; and

4.5.7 Oversee all Committee activities.

4.6 Specific Responsibilities of the Board. The specific responsibilities of the Board shall be as follows:

4.6.1 Formulate and adopt an annual budget prior to the commencement of the fiscal year;

4.6.2 Develop and implement a financing and/or funding plan for ongoing Authority operations and capital improvements, if applicable;

4.6.3 Retain necessary and sufficient staff and adopt personnel and compensation policies, rules and regulations;
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4.6.4 Adopt policies for procuring electric supply and operational needs such os professional services, equipment and supplies;

4.6.5 Develop and implement a Strategic Plan to guide the development, procurement, and integration of renewable energy resources consistent with the intent and priorities identified in this Agreement;

4.6.6 Establish standing and ad hoc committees as necessary;

4.6.7 Set retail rates for power sold by the Authority and set charges for any other category of retail service provided by the Authority;

4.6.8 Wind down and resolve all obligations of the Authority in the event the Authority is tenninated pursuant to Section 8.2;

4.6. 9 Conduct and oversee Authority operational audits at intervals not to exceed three years including review of customer access to Authority programs and benefits, where applicable;

4.6. 10 Arrange for an annual independent fiscal audit;

4.6. 11 Adopt such bylaws, rules and regulations necessary or desirable for the purposes set forth in this Agreement and consistent with this Agreement;

4.6.12 Exercise the Specific Powers identified in Sections 3.2 and 4.6 except as those which the Board may elect to delegate to the Chief Executive Officer; and

4.6. J 3 Discharge other duties as appropriate or necessary under this Agreement or n:quired by law.

4.7 Startup Responsibilities. The Authority shall promptly act on the following matters:

4.7.1 Oversee the preparation of, adopt, and update an implementation plan for electrical load aggregation pursuant to Public Utilities Code Section 366.2(c)(3);

4. 7 .2 Prepare a statement of intent for electrical load aggregation pursuant to Public Utilities Code Section 366.2(c)(4);

4.7.3 Obtain financing and/or funding as is necessary to support start up and ongoing working capital for the CCA Program; and

4.7.4 Acquire and maintain insurance in accordance with Section 9.3.

4.8 Meetings and Special Meetings of the Board. The Board shall hold at least four regular meetings per year, but the Board may provide for the holding of regular 10 l .1045-000112606345v I .doc
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DocuSigr Envelope ID: B6417318-68FD-480D-8AOD-7A 197A78682F EXHIBIT A meetings at more frequent intervals. The date, hour, and place of each regular meeting shall be fixed annually by resolution of the Board. The location of regular meetings may rotate for the convenience of the Parties, subject tu Board approval and availability of appropriate meeting space. Regular meetings may be adjourned to another meeting time. Special meetings of the Board may be called in accordance with the provisions of Government Code Section 54956. Directors may participate in meetings telephonically, with full voting rights, only to the extent permitted by law. Board meeting agendas generally shall be set, in consultation with the Board Chair, by the Chief Executive Officer appointed by the Board pursuant to Section 5.5. The Board itself may add items to the agenda upon majority vote pursuant to Section 4.11 . l.

4.9 Brown Act Applicable. All meetings of the Board shall be conducted in accordance with the provisions of the Ralph M. Brown Act (Government Code Section 54950, et seq.).

4.10 Quorum. A simple majority of the Directors shall constitute a quorum. No actions may be taken by the Board without a quorum of the Directors present.

4.11 Board Voting. Except for matters subject to Special Voting under Section 4.12, Board action shall require the affinnative votes of a majority of the Directors on the entire Board. The consequence of a tie vote shall be "no action" taken.

4.12 Special Voting.

4.12.1 The affinnative vote of two-thirds of the Directors of the entire Board shall be required to take any action on the following:
a. Issuing bonds or other forms of debt;
b. Adding or removing Parties or removing Directors; and c. Amending or terminating this Agreement or adopting or amending the bylaws of the Authority except as provided in Sections 3.5 and

4.12.3. At least 30 days advance written notice to the Parties shall be provided for such actions. Such notice shall include a copy of any proposed amendment to this Agreement or the bylaws of the Authority. The Authority shall also provide prompt written notice to all Parties of the action taken and attach the adopted amendment, resolution or agreement.

4.12.2 An affinnative vote of three-fourths of the entire Board shall be required to initiate any action for Eminent Domain and no eminent domain action shall be approved within the jurisdiction of a Party without the affirmative vote of such Party's Director.

4.12.3 An unanimous vote of the entire Board shall be required to amend the following provisions in this Agreement:
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5. a. Section 2.3 (Purpose of Agreement)
h. Section 3.6 (Compliance with Local Zoning)
c. Sections 4.11 and 4.12 (Voting Requirements)
d. Section 4.12.2 (Eminent Domain)
e. Section 6.5 (Power Supply Requirements)
f. Section 6.6 (Solana Energy Alliance Transition)

INTERNAL ORGANIZATION

5.1 Elected and Appointed Officers. For each fiscal year, the Board shall elect a Chair and Vice Chair from among the Directors and shall appoint a Secretary and a Treasurer as provided in Government Code section 6505:5, No Director may hold more than one such office at any time. Appointed officers shall not be elected officers of the Board.

5.2 Chair and Vice Chair. For each fiscal year, the Board shall elect a Chair and Vice Chair from among the Directors. The terrn of office of the Chair and Vice Chair shall continue for one year, but there shall be no limit on the number of terms held by either the Chair or Vice Chair. The Chair shall be the presiding officer of all Board meetings, and the Vice Chair shall serve in the absence of the Chair. The Chair shall perform duties as may be required by the Board. In the absence of the Chair, the Vice-Chair shall perform all of the Chair's duties. The office of the Chair or Vice Chair shall be declared vacant and a new selection shall be made if: (a) the person serving dies, resigns, or the Party that the person represents removes the person as its representative on the Board, or (b) the Party that he or she represents withdraws from the Authority pursuant to the provisions of this Agreement. Upon a vacancy, the position shall be filled at the next regular meeting of the Board held after such vacancy occurs or as soon as practicable thereafter.

5.3 Secretary. The Board shall appoint a qualified person who is not on the Board to serve as Secretary. The Secretary shall be responsible for keeping the minutes of all meetings of the Board and all other office records of the Authority. If the appointed Secretary is an employee of any Party, such Party shall be entitled to reimbursement for any documented out of pocket costs it incurs in connection with such employee's service as Secretary of the Authority, and full cost recovery for any documented hours of service provided by such employee during such Party's nonnal working hours.

5.4 Treasurer/Chief Financial Officer and Auditor. The Board of Directors shall appoint a Treasurer who shall function as the combined offices of Treasurer and Auditor and shall strictly comply with the statutes related to the duties and responsibilities specified in Section 6505.5 of the Act. The Treasurer for the 12 13045-000 I \2606J 45v I .doc
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Dor.uSign Envelope ID; 86417318-681'D -480O-SAOD-7 A 197A78682F EXHIBIT A Authority shall be the depository and have custody of all money of the Authority from whatever source and shall draw all warrants and pay demands against the Authority as approved by the Board. The Treasurer shall cause an independent audit(s) of the finances of the Authority to be made by a certified public accountant, or public accountant, in compliance with Section 6505 of the Act.

The Treasurer shall report directly to the Board and shall comply with the requirements of treasurers of incorporated municipalities. The Board may transfer the responsibilities of Treasurer to any qualified person or entity as the law allows at the time. The duties and obligations of the Treasurer are further specified in Section 7. The Treasurer shall serve at the pleasure of the Board. Jf the appointed Treasurer is an employee of any Party, such Party shall be entitled to reimbursement for any documented out of pocket costs it incurs in connection with .such employee's service as Treasurer of the Authority, and full cost recovery for any documented hours of service provided by such employee during such Party's nonnal working hours.

5.5 Chief Executive Officer. The Board shall appoint a Chief Executive Officer for the Authority, who shall be responsible for the day-to-day operation and management of the Authority and the CCA Program. The Chief Executive Officer may not be an elected member of the Board or otherwise represent any Party to the Authority. The Chief Executive Officer may exercise all powers of the Authority, except those powers specifically reserved to the Board, including but not limited to those set forth in Section 4.6 (Specific Responsibilities of the Board) of this Agreement or the Authority's bylaws, or those powers which by law must be exercised by the Board. The Chief Executive Officer may enter into and execute power purchase agreements and other contracts, in accordance with criteria and policies established by the Board.

5.6 General Counsel. The Board shall appoint a qualified person to act as the Authority's General Counsel, who shall not be a member of the Board, or an elected official or employee of a Party.

5.7 Bonding of Persons Having Access to Property. Pursuant to the Act, the Board shall designate the public officer or officers or person or persons who have charge of, handle, or have access to any property of the Authority exceeding a value as established by the Board, and shall require such public officer or officers or person or persons to file an official bond in an amount to be fixed by the Board.

5.8 Privileges and Immunities from Liability. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, workers' compensation and other benefits which apply to the activities of officers, agents or employees of a public agency when perfonning their respective functions shall apply to the officers, agents or employees of the Authority to the same degree and extent while engaged in the perfonnance of any of the functions and other duties of such officers, agents or employees under this Agreement. None of the officers, agents or employees directly employed by the Board shall be deemed, by reason of their employment by the Authority to be 13 13045•000 I \2606J4Svl .doc
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OocuS1gn Envelope ID: B6417318-68FD-480D-8ADD-7A 197A78682F EXHIBIT A employed by the Parties or by reason of their employment by the Authority, to be subject to any of the requirements of the Parties.

5.9 Commissions, Boards and Committees. The Board may establish any advisory commissions, boards, and committees as the Board deems appropriate to assist the Board in carrying out its functions and implementing the CCA Program, related energy programs, and the provisions of this Agreement. To the extent possible, the commissions, boards, and committees should have equal representation from each Party. The Board may establish criteria to qualify for appointment on its commissions, boards, and committees. The Board may establish rules, regulations, policies, or procedures to govern any such commissions, boards, or committees and shall determine whether members shall be entitled to reimbursement for expenses. The meetings of the commissions, boards, or committees shall be held in accordance with the requirements of the Ralph M.

Brown Act, as applicable.

6. IMPLEMENTATION ACTION AND AUTHORITY DOCUMENTS

6.1 Preliminary Implementation of the CCA Program.

6.1 .1 Enabling Ordinance. In addition to the execution of this Agreement, each Party shall adopt an ordinance in accordance with Public Utilities Code Section 366.2(c)(l2) for the purpose of specifying that the Party intends to implement a CCA Program by and through its participation in the Authority.

6.1.2 Implementation Plan. The Authority shall secure Board approval of an Implementation Plan meeting the requirements of Public Utilities Code Section 366.2 and any applicable Public Utilities Commission regulations, and consistent with the terms of this Agreement, as soon after the Effective Date as reasonably practicable but no later than December 31, 2019.

6.2 Authority Documents. The Parties acknowledge and agree that the affairs of the Authority will be implemented through various documents duly adopted by the Board through Board resolution or minute action, including but not necessarily limited to operational procedures and policies, the annual budget, and specific plans such as a local renewable energy development and integration plan and other policies defined as the Authority Documents by this Agreement. All such Authority Documents shall be consistent with and designed to advance the goals and objectives of the Authority as expressed in this Agreement. The Parties agree to abide by and comply with the tenns and conditions of all such Authority Documents that may be adopted by the Board, subject to the Parties' right to withdraw from the Authority as described in Section 8 (Withdrawal and Termination) of this Agreement.
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6.3 Integrated Resource Plan and Regulatory Compliance. The Authority shall cause to be prepared an Integrated Resource Plan in accordance with California Public Utilities Commission regulations, and consistent with the terms of this Agreement, that will ensure the long-term development and administration of a variety of energy programs that promote local renewable resources, conservation, demand response, and energy efficiency, while maintaining compliance with other regulatory requirements including the State Renewable Portfolio Standard (RPS) and customer rate competitiveness.

6.4 Renewable Portfolio Standards. The Authority shall provide its customers energy primarily from Category I and Category 2 eligible renewable resources, as defined under the California RPS and consistent with the goals of the CCA Program. The Authority shall avoid the procurement of energy from Category 3 eligible renewable resources (unbundled Renewable Energy Credits or RECs) to the extent feasible. The Authority's ultimate objective shall be to achieve- and sustain----a renewable energy portfolio with 100 percent renewable energy availability and usage, at competitive rates, within the Authority service territory by no later than 2035, and then beyond.

6.5 Power Supply Requirements. The Authority's power supply base product will be greater than or equal to 50% qualified renewable resources. The Board shall establish product options with higher renewable and/or GHG-free content that each Party may select (such as 75% or 100% renewable content). In no event will the Authority's power supply base product contain a lesser amount of renewable resources than the base product provided by SDG&E to its customers. Power supply options established by the Board will allow each Party the flexibility to achieve its CAP goals without impeding any other Party from doing the same.

6.6 Continuation and Transition of City of Solana Beach's Existing CCA Program. The City of Solana Beach has been operating a CCA program within its jurisdiction since 2018. The City of Solana Beach shall be permitted to continue to operate its existing CCA program until the Authority's CCA Program commences service to customers within the jurisdiction of the City of Solana Beach. The transition of CCA customers within the City of Solana Beach to the Authority's CCA Program shall be implemented in accordance with the Authority's implementation plan approved by the Board and certified by the CPUC and any policies and requirements established by the Board.

7. FINANCIAL PROVISION~

7.1 Fiscal Year. The Authority's fiscal year shall be 12 months commencing July I and ending June 30. The fiscal year may be changed by Board resolution.

7.2 Depository.
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7.2.1 All funds of the Authority shall be held in separate accounts in the name of the Authority and not commingled with funds of any Party or any other person or entity.

7.2.2 All funds of the Authority shall be strictly and separately accounted for, and regular reports shall be rendered of all receipts and disbursements, at least quarterly during the fiscal year. The books and records of the Authority shall be open to inspection and duplication by the Parties at all reasonable times. Annual financial statements shall be prepared in accordance with Generally Accepted Accounting Principles of the United States of America within 6 months of the close of the fiscal year. The Board shall contract with a certified public accountant to make an annual audit of the financial statements of the Authority, which shall be conducted in accordance with the requirements of Section 6505 of the Act.

7.2.3 All expenditures shall be made in accordance with the approved budget and upon the approval of any officer so authorized by the Board in accordance with its policies and procedures.

7.3 Budget and Recovery Costs.

7.3. l Budget. The initial budget shall be approved by the Board. The Board may revise the budget from time to time as may be reasonably necessary to address contingencies and unexpected expenses. All subsequent budgets of the Authority shall be prepared and approved by the Board in accordance with its fiscal management policies that should include a deadline for approval .

7.3.2 Funding of Initial Costs. The Initial Costs of establishing the Authority and implementing its CCA Program shall be divided equally among the Founding Members. In the event that the CCA Program becomes operational, these Initial Costs paid by the Founding Members shall he included in the customer charges for electric services to the extent pennitted by law. The Authority may establish a reasonable time period over which such costs are recovered and reimbursed to the Founding Members. In the event that the CCA Program does not become operational, the Founding Members shall not be entitled to any reimbursement of the Initial Costs they have paid from the Authority or any Party.

7.3 .3 CCA Feasibility and Governance Report Costs. In the event that the CCA Program becomes operational, any costs incurred by the Parties in preparing CCA Feasibility or Governance Reports in connection with establishing the Authority shall be included in the customer charges for electric services to the extent permitted by law. The Authority may establish a reasonable time period over which such costs are recovered and reimbursed to the Parties that incurred such costs. In the event that the l(i
13045-000112606345v I .doc
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DocuSign Envelope ID· B6417318-68FD-480D-8ADO-/A197A.,8682F EXHIBIT A CCA Program does not become operational, no Party shall be entitled to any reimbursement of these costs from the Authority or any Party.

7.3.4 Program Costs. The Parties intend that all costs incurred by the Authority that are directly or indirectly attributable to the provision of electric or other services under the CCA Program, including the establishment and maintenance of various reserve and performance funds, shall be recovered through appropriate charges to CCA customers receiving such services.

7.3.5 No Requirement for Contributions or Payments. Parties are not required under this Agreement to make any financial contributions or payments to the Authority, and the Authority shall have no right to require such a contribution or payment unless expressly set forth herein (for example, as provided in Section 2.4.3, with respect to Additional Members, Section 7.3.2 with respect to Initial Costs and Section 8.1, with respect to Withdrawal), or except as otherwise required by law.

Notwithstanding the foregoing, a Party may voluntarily enter into an agreement with the Authority to provide the following:
a. contributions of public funds for the purposes set forth in this Agreement;
b. advances of public funds for the purposes set forth in this Agreement, such advances to be repaid as provided by such written agreement; or
c. its personnel, equipment or property in lieu of other contributions or advances.

No Party shall be required, by or for the benefit of the Authority, to adopt any local tax, assessment, fee or charge under any circumstances.

7.4 Accounts and Reports. The Treasurer shall establish and maintain such funds and accounts as may be required by good accounting practice or by any provision of any trust agreement entered into with respect to the proceeds of any bonds issued by the Authority. The books and records of the Authority in the hands of the Treasurer shall be open to inspection and duplication at all reasonable times by duly appointed representatives of the Parties. The Treasurer, within 180 days after the close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year to the Parties. The Treasurer shall cooperate with all audits required by this Agreement.

7.S Funds. The Treasurer shall receive, have custody of and/or disburse Authority funds in accordance with the laws applicable to public agencies and generally accepted accounting practices, and shall make the disbursements required by this Agreement in order to carry out any of the purposes of this Agreement. 17 I J0~5-0GO 112l0634S, I .Jc.:
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7.6 Discretionary Revenues. The Board shall establish policies concerning the expenditure of discretionary revenues. As determined by the Board in such policies, discretionary revenues may be used to (I) provide programs and develop projects of the Authority or (2) allow Parties to direct funds into qualified Authority programs and projects, or provide other ratepayer benefits. The Board shall endeavor to achieve a balanced distribution of program and project benefits substantially commensurate with each Party's energy load ("balanced distribution"). The Board shall conduct periodic audits no less than every two years in order to verify the balanced distribution of program and project benefits and take any corrective action necessary to achieve or continue to maintain a balanced distribution.

7.7 Rate Related Programs. The Authority will maintain residential net energy metering and low-income rate discount programs.

8. WITHDRAW AL AND TERMINATION

8.1 Withdrawal

8.1.1 Withdrawal by Parties. Any Party may withdraw its membership in the Authority, effective as of the beginning of the Authority's fiscal year, by giving no less than one year advance written notice of its election to do so, which notice shall be given to the Authority and each Party. The Board, in its discretion, may approve a shorter notice period on a case by case basis.

In addition, a Party may immediately withdraw its membership in the Authority upon written notice to the Board at any time prior to the Authority filing its first year-ahead load forecast with the CPUC that included the Party's load (anticipated to occur in April 2020) without any financial obligation other than its share of Initial Costs that shall not be reimbursed and any costs directly related to the resulting amendment of the Implementation Plan. Withdrawal of a Party shall require an affinnative vote of the Party's Governing Body.

8.1.2 Amendment. Notwithstanding Section 8. l. 1 (Withdrawal by Parties) of this Agreement, a Party may withdraw its membership in the Authority upon approval and execution of an amendment to this Agreement provided that the requirements of this Section 8.1.2 are strictly followed. A Party shall be deemed to have withdrawn its membership in the Authority effective one year ( or earlier if approved by the Board) after the Board approves an amendment to this Agreement if the Director representing such Party has provided notice to the other Directors immediately preceding the Board's vote of the Party's intention to withdraw its membership in the Authority, should the amendment be approved by the Board.

8.1.3 Continuing Liability; Further Assurances. A Party that withdraws its membership in the Authority may be subject to certain continuing 18 1,045-000l\2606345vl.doc
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DocuSign Envelope ID: 86417318-68FD-480D-BADD-7 A 197 A78682F EXHIBIT A liabilities, as described in Section 8.5 (Continuing Liability; Refund) of this Agreement, including, but not limited to, power purchase agreements and other Authority contracts and operational obligations. The withdrawing Party and the Authority shall execute and deliver all further instruments and documents and take any further action that may be reasonably necessary, as determined by the Board, to effectuate the orderly withdrawal of such Party from membership in the Authority. The Board shall also consider, pursuant to Section 3.2.12, adoption of a policy that allows a withdrawing Party to negotiate assignment to the Party of costs of electric power or other resources procured on behalf of its customers by the Authority upon its withdrawal. In the implementation of this Section 8.1.3, the Parties intend, to the maximum extent possible, without compromising the viability of ongoing Authority operations, that any claims, demands, damages, or liabilities covered hereunder, be funded from the rates paid by CCA Program customers located within the service territory of the withdrawing Party, and not from the general fund of the withdrawing Party itself.
8,2 Termination of CCA Program. Nothing contained in Section 6 or elsewhere in this Agreement shall be construed to limit the discretion of the Authority to terminate the implementation or operation of the CCA Program at any time in accordance with any applicable requirements of state law.

8.3 Involuntary Termination. This Agreement may be terminated with respect to a Party for material non-compliance with provisions of this Agreement or Authority Documents upon a two-thirds vote of the entire Board excluding the vote of the Party subject to possible termination. Prior to any vote to terminate this Agreement with respect to a Party, written notice of the proposed termination and the reason(s) for such termination shall be delivered to the Party whose termination is proposed at least 30 days prior to the regular Board meeting at which such matter shall first be discussed as an agenda item. The written notice of proposed tennination shall specify the particular provisions of this Agreement or the Authority Documents that the Party has allegedly violated. The Party, subject to possible tennination, shall have the opportunity at the next regular Board meeting to respond to any reasons and allegations that may be cited as a basis for termination prior to a vote regarding termination. A Party that has had its membership in the Authority terminated may be subject to certain continuing liabilities, as described in Section 8.5 (Continuing Liability; Refund) of this Agreement.

8.4 Mutual Termination. This Agreement may be terminated by mutual agreement of all the Parties; provided, however, the foregoing shall not be construed as limiting the rights of a Party to withdraw its membership in the Authority, and thus terminate this Agreement with respect to such withdrawing Party, as described in Section 8.1 (Withdrawal) of this Agreement. 19 13045-000I'26l16.H5vl .dee_
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8.5 Continuing Liability; Refund. Upon a withdrawal or involuntary tennination of a Party, the Party shall be responsible for any claims, demands, damages, or liabilities attributable to the Party through the effective date of its withdrawal or involuntary termination, it being agreed that the Party shall not be responsible for any claims, demands, damages, or liabilities commencing or arising after the effective date of the Party's withdrawal or involuntary termination.

Notwithstanding the foregoing or any other provisions of this Agreement, such Party also shall be liable to the Authority for (a) any damages, losses, or costs incurred by the Authority which result directly from the Party's withdrawal or termination, including but not limited to costs arising from the resale of capacity, electricity, or any attribute thereof no longer needed to serve such Party's load; and (b) any costs or obligations associated with the Party's participation in any program in accordance with the program's terms, provided such costs or obligations were incurred prior to the withdrawal of the Party. From and after the date a Party provides notice of its withdrawal or is terminated, the Authority shall reasonably and in good faith seek to mitigate any costs and obligations to be incurred by the withdrawing or terminated Party under this Section through measures reasonable under the circumstances, provided that this obligation to mitigate does not impose any obligation on the Authority to transfer any cost or obligation directly attributable to the membership and withdrawal or termination of the withdrawing or tenninated party to the ratepayers of the remaining members. Further, the liability of the withdrawing or tenninated Party shall be based on actual costs or damages incurred by the Authority and shall not include any penalties or punitive charges imposed by the Authority. The Authority may withhold funds otherwise owing to the Party or may require the Party to deposit sufficient funds with the Authority, as reasonably determined by the Authority, to cover the Party's liability for the costs described above. The withdrawing or tenninated Party agrees to pay any such deposit determined by the Authority.

Any amount of the Party's funds held on deposit with the Authority above that which is required to pay any liabilities or obligations shall be returned to the Party. In the implementation of this Section 8.5, the Parties intend, to the maximum extent possible, without compromising the viability of ongoing Authority operations, that any cJaims, demands, damages, or liabilities covered hereunder, be funded from the rates paid by CCA Program customers located within the service territory of the withdrawing Party, and not from the general fund of the withdrawing Party itself. The liability of a withdrawing Party under this Section shall be only to the Authority and not to any other Party.

8.6 Disposition of Authority Assets. Upon tennination of this Agreement and dissolution of the Authority by all Parties, after payment of all obligations of the Authority, the Board may sell or liquidate Authority property and shall distribute any remaining assets to the Parties in proportion to the contributions made by the existing Parties. Any assets provided by a Party to the Authority shall remain the asset of that Party and shall not be subject to distribution under this section.

9. MISCELLANEOUS PROVISIONS
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9.1 Dispute Resolution. The Parties and the Authority shall make reasonable efforts to settle all disputes arising out of or in connection with this Agreement. Before exercising any remedy provided by law, a Party or the Parties and the Authority shall engage in nonbinding mediation in the manner agreed upon by the Party or Parties and the Authority. The Parties agree that each Party may specifically enforce this section. In the event that nonbinding mediation is not initiated or does not result in the settlement of a dispute within 60 days after the demand for mediation is made, any Party and the Authority may pursue any remedies provided by law.

9.2 Liability of Directors, Officers, and Employees. The Directors, officers, and employees of the Authority shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No current or former Director, officer, or employee will be responsible for any act or omission by another Director, officer, or employee.

The Authority shall defend, indemnify and hold harmless the individual current and former Directors, officers, and employees for any acts or omissions in the scope of their employment or duties in the manner provided by Government Code Section 995 et seq. Nothing in this section shall be construed to limit the defenses available under the law, to the Parties, the Authority, or its Directors, officers, or employees. In addition, pursuant to the Act, no Director shall be personally liable on the Authority's bonds or be subject to any personal liability or accountability by reason of the issuance of bonds.

9.3 Insurance and Indemnification of Parties. The Authority shall acquire such insurance coverage as is necessary to protect the interests of the Authority and the Parties. The Authority shall defend, indemnify and hold harmless the Parties and each of their respective governing board members, officers, agents and employees, from any and all claims, losses, damages, deductibles or self-insured retentions, costs, fines, penalties, injuries and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, errors, omissions or negligence of the Authority or its officers, employees, agents, contractors, licensees or volunteers.

9.4 No Third Party Beneficiaries. The provisions of this Agreement are for the sole benefit of the Parties and the Authority and not for the benefit of any other person or entity. No third party beneficiary shall be created by or arise from the provisions of this Agreement.

9.S Notices. Any notice required or permitted to be made hereunder shall be in writing and shall be delivered in the manner prescribed herein at the principal place of business of each Party. The Parties may give notice by (I) personal delivery; (2) e-mail; (3) U.S. Mail, first class postage prepaid, or a faster delivery method; or (3) by any other method deemed appropriate by the Board.

Upon providing written notice to all Parties, any Party may change the designated address or e-mail for receiving notice.
21 I JiJ45-0fl01\2606J45vl .uoc
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Ooc:uSign F.1welope ID. 864 17:l 18-68FD-480D-8ADD-7 A 197 A78682r EXHIBIT A All written notices or correspondence sent in the described manner will be deemed given to a party on whichever date occurs earliest: (1) the date of personal delivery; (2) the third business day following deposit in the U.S. mail, when sent by "first class" mail; or (3) the date of transmission, when sent byemail or facsimile.

9.6 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of each Party.

9. 7 Assignment. Except as otherwise expressly provided in this Agreement, the rights and duties of the Parties may not be assigned or delegated without the advance written consent of all of the other Parties, and any attempt to assign or delegate such rights or duties in contravention of this section shall be null and void. This Agreement shall inure to the benefit of, and be binding upon, the approved assigns of the Parties. This section does not prohibit a Party from entering into an independent agreement with another agency, person, or entity regarding the financing of that Party's contributions to the Authority, or the disposition of the proceeds which that Party receives under this Agreement, so long as such independent agreement does not affect, or purport to affect, the rights and duties of the Authority or the Parties under this Agreement.

9.8 Amendment. This Agreement may be amended by a written amendment approved by the Board in accordance with the Special Voting requirements of Section 4.12.

9.9 Severability. If any one or more of the tenns, provisions, promises, covenants, or conditions of this Agreement were adjudged invalid or void by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants, and conditions of this Agreement shall not be affected thereby and shall remain in full force and effect to the maximum extent pennitted by Jaw.

9.10 Governing Law. This Agreement is made and to be performed in the State of California, and as such California substantive and procedural law shall apply.

9.11 Headings. The section headings herein are for convenience only and are not to be construed as modifying or governing the language of this Agreement.

9.12 Counterparts. This Agreement may be executed in any number of counterparts, and upon execution by all Parties, each executed counterpart shall have the same force and effect as an original instrument and as if all Parties had signed the same instrument. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect ofany signatures thereon and may be attached to another counterpart of this Agreement identical in fonn hereto but having attached to it one or more signature pages.

The Parties hereto have executed this Joint Powers Agreement establishing the Clean Energy Alliance.
22 I 3045-000 l\2606345v I. doc
7-19-22 I 8A-32

EXHIBIT A
DATE: _\'--Q..-....-:..\q~ ----
ATTEST:

APPROVED AS TO FORM:

By:

City
~~ Attorney -
-23 -
Oct. 8, 2019 Item #5 Page 32 of 42
7-19-22 / BA-33

EXHIBIT A
CITY OF JlliUw~
By:~ Scottifuth.nyManager
ATTEST:

By: Ash~1~w
APPROVED AS TO FORM:

By:
-23 -
Oct. 8, 2019 Item #5 Page 33 of 42
7-19-22 I 8A-34
------- --------------------- - EXHIBIT A
CITY OF So L.-/ic,-,JA (!le',bC,#+
By: ~
DATE: _.:_;, / /_-_+_ - __. If...__ __ _
A1TEST:

By:

APPROVED AS TO FORM:

By: Cittom~y
- ···•--·-----------
-23-
Oct. 8, 2019 Item #5 Page 34 of 42
7 -19-22 I BA-35

EXHIBIT A

CLEAN ENERGY ALLIANCE JOINT POWERS AGREEMENT
CrTY OF ESCONDIDO
By: ,--- --
~ ~i\w, City Manager
DATE: _ ''2-l_tt? /ua?.,, ~ \-----
By:

ATIEST
-JA?.,. ~
z;&g~§:s;_city Clerk
RM:
7-19-22 I BA-36
[)oc;uSi!,n Envelope ID. B6417318-68FD-480D-8ADD-7A 197A78682F

CLEAN ENERGY ALUANCE JOINT POWERS AGREEMENT

CITCMARCOS
~~.)j+ By:. ,_ _____ _
ac r~li"city Manager
DATE: 1/13/2022
A fTI5u81g•edby:

Plulli C cALifk
By: f~-- ------- P~:!i P Seo l l i c~ City Clerk
AP~TOFORM:

A~,f),J.. By: ~t8-'4Ct . Helen Holmes ~~hy Attorney

EXHIBIT A
7-19-22 / 8A-37
!JocuStgn Envelope l!J: B641731868FD 480D-8ADD-7A 197A78682F EXHIBIT A Exhibit A: Definitions
"AB 117" means Assembly Bill 117 (Stat. 2002, Ch. 838, codified at Public Utilities Code Section 366.2), which created Community Choice Aggregation. "Act" means the Joint Exercise of Powers Act of the State of California (Chapter 5, Division 7, Title I of the Government Code commencing with Section 6500). "Agreement" means this Joint Powers Agreement.
"Authority" means the Clean Energy Alliance.
"Authority Document(s)" means document(s) duly adopted by the Board by resolution or motion implementing the powers, functions and activities of the Authority, including but not limited to the Operating Policies and Procedures, the annual budget, and plans and policies.
"Board" means the Board of Directors of the Authority.
"Community Choice Aggregation" or "CCA" means an electric service option available to cities, counties, and other public agencies pursuant to Public Utilities Code Section 366.2.
"CCA Program" means the Authority's Community Choice Aggregation program established, conducted and operated under Public Utilities Code Section 366.2. "Days" shall mean calendar days unless otherwise specified by this Agreement. "Director" means a member of the Board representing a Party appointed in accordance with Sections 4.1 (Board of Directors) and 4.2 (Appointment and Removal of Directors) of this Agreement.
"Effective Date" means the date on which the Agreement shall become effective and the Authority shall exist as a separate public agency, as further described in Section 2.1 (Effective Date and Term) of this Agreement. "Founding Member" means any jurisdiction that becomes a member of the Authority before October I, 2020, as identified in Exhibit B.
"Governing Body" means for any city, its City Council; and for any other public agency, the equivalent policy making body that exercises ultimate decision-making authority over such agency.
"Initial Costs" means reasonable and necessary implementation costs advanced by the Founding Members in support of the formation of the Authority and approved by the Board for reimbursement, which are ( a) directly related to the establishment of the 23 13045-000l\2606345v I .doc
7-19-22 I 8A-38
Do<;uSign Envelope ID: B641 73 Hl-68f'D-480D-8AOD-7A 197 A78682F EXHIBIT A Authority and its CCA program, and (b) incurred by the Authority or its Members relating to the initial operation of the Authority, such as the hiring of the executive and operations staff, any required accounting, administrative, technical and legal services in support of the Authority's initial fonnation activities or in support of the negotiation, preparation and approval of power purchase agreements, and activities associated with drafting and obtaining approval of the Authority's implementation plan. Initial Costs do not include costs associated with the investigation of the CCA model, attendance at routine planning meetings, or a Party's pre-fonnation reports related to their decision to pursue CCA or join the Authority. Initial costs also do not include the costs incurred by the City of Solana Beach relating to the termination of its CCA program. The Authority Board shall determine the repayment timing and termination date for the Initial Costs. "Investor Owned Utilities" means a privately-owned electric utility whose stock is publicly traded and is subject to CPUC regulation.
"Parties" means, collectively, the signatories to this Agreement that have satisfied the conditions as defined above for "Founding Members" or in Section 2.4 (Addition of Parties) of this Agreement, such that they are considered members of the Authority. "Party" means, singularly, a signatory to this Agreement that has satisfied the conditions as defined above for "Founding Members" or in Section 2.4 (Addition of Parties) of this Agreement, such that it is considered a member of the Authority. 24 I J045-COOl'160634i v I .dn.:c
7-19-22 I BA-39
DocuS1gn Envelope ID: B6417318-68FD-480D-8ADD•7A197Al8682f-' EXHIBIT A Exhibit B: List of Founding Members and Parties added on or after October I, 2020, per Section 2.4
Any public agency that becomes a member by October 1, 2020 City of Carlsbad
City of Del Mar
City of Solana Beach
Any public agency that becomes a member after October 1, 2020 I 3045-000112606345v I .doc
City of Escondido
City of San Marcos
7-19-22 / BA-40
UocuS1gn Envelope ID: 86417318-68F0-480D-8ADD-7A 197A78682F EXHIBIT A AM};NDMENT NO. I TO CLEAN ENERGY ALLIANCE JOINT POWERS

AGREEMENT
This Amendment No. I to the Clean Energy Alliance Joint Powers Agreement, dated November 4, 2019, by and among the Parties (hereinafter referred to as the "Agreement") amends the Agreement as follows:

I. Section 5.1 Elected and Anpointed Officers is hereby amended to amend the first sentence of this section to read:
"For each calendar year, the Board shall elect a Chair and Vice Chair from among the Directors and for each fiscal year shall appoint a Secretary and a Treasurer as provided in Government Code Section 6505.5.

2. Section 5.2 Chair and ice Chair is hereby amended to amend the first sentence of this section to read:
"For each calendar year, the Board shall elect a Chair and Vice Chair from among the Directors."

3. Except as specifically amended above, all other provisions of the Agreement shall remain in full force and effect.

This proposed Amendment No. 1 was presented to the Board of Directors of the Clean Energy Alliance on July 29, 2021, and was adopted as amended by the Board at its September 30, 2021, meeting per Resolution 2021-012, attached hereto.
2 I J0.\.1-0001 \260(,J45 y I .Joe
7-19-22 I 8A-41
DocuSign E1111elope 10. 5Gll38309-50Ll4-488D-El04D-AAD022AE5E<CF

CLEAN ENERGY ALLIANCE
RESOLUTION NO. 2021-012

EXHIBIT A

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CLEAN ENERGY ALLIANCE APPROVING AMENDMENT NO. 1 TO THE JOINT POWERS

AUTHORITY AGREEMENT REGARDING TERM OF CHAIR AND VICE CHAIR WHEREAS, the Clean Energy Alliance (CEA) is a joint powers agency, formed in November 2019, by the founding member cities of Carlsbad, Del Mar, and Solana Beach; and WHEREAS, Sections 5.1 and 5.2 of the Clean Energy Alliance Joint Powers Agreement (JPA) provides that for each fiscal year, the Board shall elect a Chair and Vice Chair from among the Directors; and
WHEREAS, the calendar year aligns the term of Chair and Vice Chair to coincide with the term of elected office for each Board Director; and
WHEREAS, proposed Amendment No. 1 to the JPA was presented to the Board at its July 29, 2021, meeting for review and the Board directed that this amendment be presented to the Board for adoption at its September 30, 2021, meeting; and WHEREAS, the member cities were provided a minimum 30-days advance written notice of the proposed amendment, including a copy of the Amendment No. 1.

NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Clean Energy Alliance, as follows:

Section 1. The Board of Directors of the Clean Energy Alliance hereby adopts Amendment No. 1 to the Clean Energy Alliance Joint Powers Agreement amending Sections 5.1 and 5.2 as follows:
"Section 5.1. Elected and Appointed Officers. For each~ calendar year, the Board shall elect a Chair and Vice Chair from among the Directors and for each fiscal year shall appoint a Secretary and Treasurer as provided in Government Code section 6505.5. 11 "Section 5.2. Chair and Vice Chair. For each~ calendar year, the Board shall elect a Chair and Vice Chair from among the Directors. 11
1 7-19-22 / 8A-42
DocuSign l:: nv•~lope ID 5fl0:l\330CJ--5UD4-4!l8U-1304 D-,V\D0228E~BCF

EXHIBIT A
The foregoing Resolution was passed and adopted this 30n, day of September 2021, by the following vote:

AYES: Druker, Bhat-Patel, Becker
NOES: None
ABSENT: None
ATTEST:

APPROVED:

Kristi Becker, Chair
Sheila Cobian, Interim Board Secretary
2 7-19-22 / BA-43
Department:

Prepared By:

Subject:

Fiscal Impact:

Summary:

Background:

Discussion:

Recommended
AGENDA REPORl

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: October 19, 2021
City Manager's Office
Jennifer Savage, Assistant to the City Manager

COMMUNITY CHOICE ENERGY FEASIBILITY STUDY- PHASE I
ATT AC~~!~~m 3{i_r)~
Approvals:

City Manager -~-H
Dept. Head '
Attorney
--- Finance
Yes. Phase I of the feasibility study is $5,000 and funded from account #001-151- 43890. If Council directs further study, future phases would cost up to $40,000 and require a supplemental appropriation from the General Fund assigned fund balance to account #001-151-43890.

Phase I of a Community Choice Energy {CCE) Feasibility Study discusses the various options for a CCE in the City of San Clemente, including risks and benefits.

On August 17, 2021, City Council authorized Phase I of a CCE Feasibility Study. The Phase I report is included as Attachment 1.

The report (Attachment 1) provides a broad overview of CCE also known as Community Choice Aggregation (CCA). The report compares risks and benefits between options for San Clemente to form or join a CCE:
• Forming a stand-alone enterprise-based entity
• Forming a San Clemente CCE and joining CCEA JPA for management and administrative services
• Joining an existing CCE JPA
If, after reviewing the options, City Council is interested in forming or joining a CCE, Council should determine what option to pursue and determine whether to amend the Professional Services Agreement with the consultant (Attachment 2) for Phases II and Ill, which can be performed in sequence or concurrently:

II. Detailed review of one particular CCE - This task provides a detailed analysis of a CCE's proposals, Joint Powers Agreement, Implementation Plan, Integrated Resource Plan, and other documents. This phase would cost $10,000.

Ill. Financial feasibility of one particular CCE - This task provides a load forecast, SDG&E rate forecast, power procurement portfolio, and pro forma analysis.

This task models the financial feasibility of a particular CEE with various price and cost assumptions. This phase would cost $30,000.

Action: STAFF RECOMMENDS THAT the City Council:

1. Determine what Community Choice Energy option to pursue.

2. Authorize staff to request usage data from SDG&E.

Finance Agt:cnda Report 10-19-21 / 88-1
7 -19-22 I 8A-44
ATTACHMENT 3
Ag.:nda Report Page 2

3. Take one of the following actions:
a) Approve, and authorize the City Manager to execute, Amendment No. 1 to contract AC-1001, by and between the City of San Clemente and MRW & Associates, providing for Phase II of the feasibility analysis relating to Community Choice Energy. This amendment increases the contract amount from $5,000 to $15,000, an increase of $10,000. In addition, appropriate $10,000 from the General Fund unassigned fund balance, account 001-000-23430 into account 001-151-43890.
b) Approve, and authorize the City Manager to execute, Amendment No. 1 to contract AC-1001, by and between the City of San Clemente and MRW & Associates, providing for Phases II and Ill of the feasibility analysis relating to Community Choice Energy. This amendment increases the contract amount from $5,000 to $45,000, an increase of $40,000. In addition, appropriate $40,000 from the General Fund unassigned fund balance, account 001-000-23430 into account 001-151-43890.

Attachments: 1. CCA Options, Risks and Benefits for the City of San Clemente prepared by MRW & Associates

2. Professional SeNices Agreement
Notification: None.
10-19-21 / 8B-2
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(
ATTACHMENT 3
ATTACHMENT 1
CCA Options, Risks and Benefits for the
City of San Clemente
Prepared by:

MRW & Associates, LLC
1736 Franklin Street, Ste 700
Oakland, CA 94612
October 2021
10-19-21 / 88-3
7-19-22 I 8A-46
ATTACHMENT 3
This report was prepared by MR W & Associates. MR W has been working on Community Choice Aggregation (CCA) issues since they were authorized by the California State Legislature in 2002. MR W has prepared and critiqued numerous CCA feasibility plans and is providing rate forecasting and other ongoing support to CCAs throughout the state.

This Study is based on the best infonnation available at the time of its preparation, using publicly available sources for all assumptions to provide an objective assessment regarding the prospects of CCA operation in the City. [tis important to keep in mind that the findings and recommendations reflected herein are substantially influenced by current market conditions within the electric utility industry and state regulations, both of which are subj cct to sudden and significant changes.
10-19-21 / 88-4
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I I
r
r.

ATTACHMENT 3
CC/\ Options for San Clemente -----------------------
Table of Contents
Executive Summary ............................................................................................................... 2 What is CCA? ................................................................................................................................ 2 CCA Options Available to San Clemente ........................................................................................ 3 Is San Clemente too small to form its own CCA? ............................................................................ 4 Introduction and Background ................................................................................................ 5 CCA Background ........................................................................................................................... 5 What is a CCA? ..................................................................................................................................... 5 Status of CCAs in California .................................................................................................................. S Why Does San Clemente Want to Form or Join a CCA? ................................................................. 12 Rate Competitiveness and Financial Stability .................................................................................... 12 Contribute to Climate Objectives ...................................................................................................... 12 Additional Objectives ......................................................................................................................... 13 CCA Options Available to San Clemente .............................................................................. 14 Forming a Single City Agency .................................................................................................... , .. 14 Joining Cal Choice Energy Authority .............................................................................................. 15 Forming/Joining a Joint Powers Agency (Generically) ................................................................... 16 CCA Failures ................................................................................................................................. 17 Review of Existing CCA Options ........................................................................................... 18 Orange County Power Authority .................................................................................................. 18 Size and Members ................ : ............................................................................................................. 18 .Board of Directors and Voting ........................................................................................................... 18 Financial Exposure ............................................................................................................................. 19 Withdrawing from the JPA ................................................................................................................. 20 Clean Energy Alliance ................................................................................................................... 20 Size and Members .............................................................................................................................. 20 Board of Directors and Voting ........................................................................................................... 20 Financial Exposure ............................................................................................................................. 21 Withdrawing from the JPA ................................................................................................................. 22 Are There Operating City•Only CCAs Similar to San Clemente? ..................................................... 23 Comparison of San Clemente Options .......................................................................................... 25 --------------------- -------------·
October 2021 MRW &Associates, LLC
10-19-21 / 8B-5
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ATTACHMENT 3
( 'C1\ Opt inn, fo,- San< 'lc111 \!11k • ---·•-- ---- --- Executive Sumntary
The City of San Clemente has retained MR W & Associates (MR W) to outline the Community Choice Aggregation (CCA) 1 options availahlc to the City. More specifically, this report discusses options for the City ofjoining an existing Joint Powers Authority (JPA) ba~cd CCA or forming a San Clemente-only CCA, as well as the benefits and risks associated with these choices.

What is CCA?
California Assembly Bill 117, passed in 2002, established Community Choice Aggregation in California, for the purpose of providing the opportunity for local governments or special jurisdictions lo procure or provide electric power for their residents and businesses. San Diego Gas & Electric (SDG&E) must provide transmission and distribution system services to deliver the electricity supplied by a CCA to the CCA's customers at the same price and at the same level of rcliabiliLy lo customers taking CCA service as it does for its own full-service customers.

By state law, SDG&E also musl provide all metering and billing services. That is, CCA customers receive a single electric bill each month from SDG&E, which differentiates the charges for generation services provided by the CCA from the charges for SDG&E delivery services.

ELECTRICITY
CCA p;O(t'(f'S
:J o~,,;er

DELIVERY

51.)(,&E d~l,v ~r, r:·1~
e.·1,~rgv a11C rnin~~i1 :~
til J !',rid

CUSTOMER
Per California law, when a CCA is fonned, all of the residential electric customers within its boundaries are placed, by default, onto CCA service. However, customers retain the right to return to their incumbent utility's service al will, subject to whatever administrative fees the 1 Also sometimes referred to as C'ommunit) Choice Energy or C'CE.

OctobH 2021 2 MRW & Associates, LLC
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ATTACHMENT 3
( :cA Dptioi1s for San Clemente
CCA may choose lo impose. The CCA may offer service to commercial and industrial customers too, but also on the same "opt-out'' basis.

CCA Options Available to San Clemente
San Clemente's three primary options for CCA arc: joining an existing CCA; fom1ing a standalone San Clemente-only enterprise-based CCA; or forming a San Clemente CCA and joining the CalChoice Energy Authority (CCEA).
• Joining an existing CCA. If the City decides to join an existing CCA, the Clean Energy Alliance (CEA) or Orange County Power Authority (OCPA) would be the most reasonable options due to the geographic proximity of their service ten·itories to the City of San Clemente.
• Forming a stand-alone enterprise-based CCA.
• Forming a stand-alone CCA and joining CCEA.

CCEA is a "hybrid" JPA, where the .IPA provides services to its member CCAs but does not control any of its general policies or programs. 2 The primary benefits of either of the San Clemente-only CCA options arc more local control over procurement practices and budgets and services better tailored to San Clemente. Joining with CCEA greatly reduces the administrative burden relative to keeping all the CCA activities in-house for San Clemente. The primary benefits of joining with an existing CCA are foregoing the need to provide upfront financing for the CCA 's startup process (which could be $500,000 or more), less potential financial exposure to the City as the JPA will be a financially distinct entity, economies of scale which can translate into lower average operating costs and reduced administrative burdens.

Table ES- I qualitatively shows how these CCA options compare across a few key metrics. 2 See, h!w,;LLs.aliforniachoiceenergval!l.!lw~ CCEA was formed by the city of Lancaster, the first City enterprise CCA in the State and the first CCA in California. Lancaster found that it was receiving so many inquiries from other Southern California cities about CCA that it formed CCEA to serve other smaller cities seeking CCA formation. CCEA, just like Lancaster Choice energy, is governed by the Lancaster City Council.

October 2021 3 MRW & Associates, LLC
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ATTACHMENT 3
CC/\ Options for San Clemente - --- --- ··- -. -·-----·--·-- ------- Table ES-1: Comparison of San Clemente CCA Options
Rates Comparable/ Comparable/ Comparable/ j modestly lower I modestly lo~ er_ j modestly lower Base
GHG Reduction Potential Some Some I Some I Base
Local Control/Governance Some Greater Greatest None
Local Economic Benefits Some Greater Greatest Minimal
---
Start Up Costs/Cost to Join
Level of Effort
Timing (earliest)
None Some Greatest None
-!
Minimal Some Greatest t
_ None_
2024 2024 2024 N/A
ls San Clemente too small to form its own CCA?
Currently, there are at least eight established city-only CCAs with under I 00,000 residents in California. San Clemente, with a population of around 68,000, would represent one of the larger city-only CCAs within this population grouping, as well as the first of its size in SDG&E territory. Among the city-only CCAs of similar size to San Clemente, only one is not a CCEA member: King City. This situation highlights the value that CCEA is able to provide city-only CCAs who may not have the resources or personnel to operate a city-only CCA alone. Although King City is not a CCEA member, it fully outsources all of its operations to a contractor. ·- ----·----·--·------------------------- October 2021 4 MRW & Associates, llC 10-19-21 / 88-8
7-19-22 I 8A-51
ATTACHMENT 3
CCA Options for San Clemente -----------------------
Introduction and Background
The City of San Clemente has retained MRW & Associates (MRW) to outline the Community Choice Aggregation (CCA) options available to the City. More specifically, this report discusses options for the City of joining an existing Joint Powers Authority (JPA) or fonning a San Clemente-only CCA, as well as the benefits and risks associated with these choices.

CCA Background
What is a CCA?
California Assembly Bill 117, passed in 2002, established Community Choice Aggregation in California, for the purpose of providing the opportunity for local governments or special jurisdictions to procure or provide electric power for their residents and businesses.

Under existing rules administered by the California Public Utilities Commission (CPUC), an investor-owned utility (IOU) must use its transmission and distribution system to deliver the electricity supplied by a CCA in a non-discriminatory manner. That is, it must provide these delivery services at the same price and at the same level of reliability to customers taking their power from a CCA as it does for its own full-service customers. By state law, an IOU also must provide all metering and billing services, its customers receiving a single electric bill each month from the £OU, which would differentiate the charges for generation services provided by the CCA as well as charges for IOU delivery services. Money collected by the f OU on behalf of the CCA is remitted in a timely fashion ( e.g., within 3 business days).

As a power provider, the CCA must abide by the rules and regulations placed on it by the state and its regulating agencies, such as maintaining demonstrably reliable supplies and fully cooperating with the State's power grid operator. However, the State has no rate-setting authority over the CCA; the CCA may set rates as it sees fit so as to best serve its constituent customers.

Per California Jaw, when a CCA is formed, all of the residential electric customers within its boundaries will be placed, by default, onto CCA service. The CCA may offer service to commercial and industrial customers, too, but also on the same "opt-out" basis. However, customers retain the right to return to their incumbent utility's service at will, subject to whatever administrative fees the CCA may choose to impose.

Status of CCAs in California
Even though the enabling legislation was enacted in 2002, the first CCA to provide power, Marin Clean Energy (MCE), did not enroll customers until 20 l 0. For the next five years, others investigated CCA formation, with a few early adopters stepping up in 2014 through 2016. As shown in Figure 1, once these early adopters showed that CCAs could work, the flood gates opened in 2017. As shown in the figure below, by the end of 2021, CCAs are expected to serve October 2021 5 MRW & Associates, LLC
10-19-21 / 8B-9
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ATTACHMENT 3
(.'CA Optinn~ Ii>.- Sa11_Clemc11tc
over 55,000 GWhs,-1 with some projecting that by the mid-2U20s, between 50 to 80 percent of the load in the three main IOU service territories will be served by non-utility entities (CCAs and Direct Access providers).

Figure I. California CCA Load Growth~
50,040 55253
•: I J 44,400
\1 1 / .'
12,300
5,400
,; -
•Figures for 2020/2021 are projections based on expected laLmches Table I lists the active or established CCAs in California, including those which have announced intended launches, along with their location and governance structure. As the table shows, most of the current CC As are located in PG&E's service area, but the growth in 2021- 2022 will come from new CCAs in Southern California Edison's (SCE) territory. CutTently there are two CCAs in San Diego Gas & Electric's (SDG&E) territory: Clean Energy Alliance and San Diego Community Power.

The table also shows that the majority ofCCAs are organized as JPAs. There are also many smaller cities in SCE's area that use the "JPA Light'' model, in which the CCA is technically a city enterprise that relies upon the California Choice Energy Authority (CCEA) to provide the technical operations. There are also three fully stand-alone city CCA enterprises: San Francisco, San Jose, and King City.
1 55 GWh roughly con-esponds to the electricity use of750,000 homes. • Figure courtesy of Cal CC A.

October 2021 6 MRW & Associates, llC
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ATTACHMENT 3
·a ahh: l. CCA~ i11 f aliforni:i
CC.tis delivering_ Qower in Calitornia
Clean Power San Francisco PG&E City May-16 3,083
East Bay Community Energy PG&E JPA Jan-18 5,951
Marin Clean Energy PG&E JPA May-10 5,879
Central Coast Community Energy PG&E JPA Mar-18 4,507
Peninsula Clean Energy PG&E JPA Oct-16 3,290
Pioneer Community Energy PG&E JPA 2018 1,187
Redwood Coast Energy Authority PG&E JPA May-17 631
San Jose Clean Energy PG&E City Sep-18 4,462
Silicon Valley Clean Energy PG&E JPA Apr-17 3,991
Sonoma Clean Power PG&E JPA May-14 2,335
Valley Clean Energy Alliance PG&E JPA Dec-16 737
King City Community Power PG&E City Jul-18 4866
Clean Power Alliance SCE JPA Feb-18 11,113
Apple Valley Choice Energy SCE City; CCEA Apr-17 235
Lancaster Choice Energy SCE City; CCEA May-15 551
Pico Rivera Innovative Municipal Energy SCE City; CCEA Sep-17 243 Rancho Mirage Energy Authority SCE City; CCEA May-18 266 San Jacinto Power SCE City; CCEA Apr-18 160
Baldwin Park SCE City; CCEA 20207 2538
Desert Community Energy SCE JPA Apr-20 1,433
San Diego Community Power SDG&E JPA Mar-21 3,2279
Clean Energy Alliance SDG&E JPA May-21 14410
Planned Launch
Butte County PG&E JPA 2024 1,080
Hanford SCE City; CCEA TBD 285
12019 Load (GWh) reported by Ca!CCA: IJ.lliJ.;? .... ,<11-..:,a urg: .:<:a-i111p<1<:t Not~: Clean Energ) Alliance's Load 1s based on the 2021 from its Integrated Resource Plan.
6 !:,in l\,.\11:r Commmut, l'v",r !..llil 7 fJ.Q,LQ![~1~i11parh.,9ml 8 CQ!rn!lY!Jjl QJQ.i.£e Ag,m:gatJ,)11 l b,t1J-.1ill~.tr1',~.1!.!ll.l "S.nn Dieg11 CQn.1munjt, P,m1:r !RP 1
° Clean Energ) .\llian-:t' !RP (in ~I1;,.tJ
October 2021 -------------------·--··-··
7 MRW & Associates, ll.C
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ATTACHMENT 3
('Ci\ _Optin:b fo1 Srn1 C'l\:1nc11tc - ---- - - - - · -·-·----- SCE City; CCEA TBD 655
Orange County Power Authority SCE JPA 2022 4,052
Commerce SCE City; CCEA TBD 21312
Pomona Choice Energy SCE City; CCEA Oct-2113 65414
Figure 2. Active and Expected California CCA Loads (GWhs) (2021) Clean Power Alliarce
East Bay Community Energy
Marin Clean Energy •7'il"lo•""""t'~t~•---11!'., ...,A No>'w¥1,tJ;.u· 1.

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_________________ , ____ ___ , _ . - October 2021 8 MRW & Associates, /,LC 10-19-21 /88-12
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ATTACHMENT 3
Cl'A Option~ ror Sall Clc111c.:11lt:

CCA Evolution
Over the first years of operation, many California CCAs have been evolving from a simple commodity procurement entity-providing power, albeit greener, at a competitive rate. After a year or two (or more), many CCAs have expanded into providing targeted and specialized customer programs that while customized for their communities, are variations of services provided by their incumbent utility or are generally proven in the industry. Examples of this include offering rooftop solar programs and feed-in-tariffs for local renewable generation projects that connect "in front of' the customer meter or installing additional electric vehicle (EV) charging stations and encouraging EV purchasing and leasing.

The third phase in evolution observed with California CCAs is moving into innovative and less common power-related programs and services. These are programs that are not common in California or elsewhere and may be more in the "demonstration" part of the program/technology lifecycle. Many of these programs emphasize community economic development, local renewable generation, or grid resiliency. Examples of these programs include Sonoma Clean Power's efforts to electrify the areas that were destroyed in wildfires (i.e., work with PG&E to perhaps not provide gas service to these areas) or the microgrid programs being pursued by Redwood Coast Energy Authority.

Table 2, below, shows a range of the programs being pursued by some California CCAs. 15 These non-commodity program offerings are becoming the focus of CCAs in the state. At the Business of Local Energy Symposium, a large CCA-oriented conference held in June 2019 in Irvine, CA, the speakers, panels and presentations overwhelmingly focused on innovation that CCAs can do and are doing. 16 None addressed power procurement or cost competitiveness. i; h!!Ri;LIB!l-cca.grgLcca-programsi The Table is from The California Community Choice Association, the trade group representing CCAs in the state. It was prepared in 2020 and as such does not include OCPA, as it is not operational, nor CEA, which was formed in 2021. 16 https://theclimatecenter.org/the-business-of-local-energy-symposium-2019-presentations/ October 2021 9 MRW & Associates, LLC
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CCA Options for San Clemente
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10-19-21 /88-15
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ATTACHMENT 3
WhJ Does San Clemente Want to Form or Join ~1 CCA'?
Before San Clemente can decide which CCA option is best for the city (if any), City decisionmakers should understand why the City may w,int to form a CCA. This section lays out the typical CCA goals and objectives and how they might apply to San Clemente.

Rate Competitiveness and Financial Stability
A CCA serving San Clemente should expect to offer rates that are "competitive'· with those offered by the incumbent ckctrk utility, San Diego Gas & Electric (SDG&E). If they could not, it is not reasonable to assume that a CCA would be formed. ··Competitive·· here means that the CCA, over the long run, could offer rates that are equal to or less than those offered by SDG&E. It does 11ot mean that in each and every year a specific rate savings is offered. In fact, many CCAs current rates are slightly higher than those offered by their host utilities. 111 addition, the CCA would be committed to providing equitable treatment of all classes of customers without undue discrimination in setting rates. At the same time, the rates would have to generate sufficient revenue to the CCA. so that -· --- • all liabilities are covered in a manner consistent CCA and SDG&E Rates with an investment-grade entity. The CCA
should not move forward unless there is
confidence that both rate competitiveness and
financial stability can be achieved.

The CCA would also intend to offer long-term
rate stability to its customers as well as maintain
its own financial condition. This could be
accomplished through conservative phasing in of
customers and projects; establishing and
maintaining appropriate lines of credit and
financial reserves; and contracting with only
experienced and financially solid providers of
goods and services.

Contribute to Climate Objectives
The prime motivation of some CCAs is meeting
local climate action goals and the reduction of
greenhouse giis emissions. In considering how
climate goals can fit into a CCA, it must be noted
that California is also moving toward a similar
carbon-free electricity policy. Senate Bill 100,
which was signed into law by Governor Brown on
September 17, 2018, increases the renewable
power contenl requirement of all retail power
October 2021 12
A CCA provides only generation
services: the actual power that CCA
customers use. The incumbent
utility, SDG&E, would still deliver
the power to the home or business,
even though the CCA is providing
the power.

Therefore, the CCA customer
would still pay the SDG&E
delivery rates, but instead of paying
SDG&E's generation rates, they
would pay the CCA's generation
rates. CCA customers also pay an
additional fee so that the remaining
SDG&E customers are not harmed
by the CCA (the "PCIA" charge).

Because a customer pays the same
delivery rates no matter who
provides their power, the rate
comparisons here focus on the CCA
rate (plus the PCIA charge) versus
SDG&E's generation rate.

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ATTACHMENT 3
CC/\ Options for /San Clemente
providers, including utilities and CCAs, from 50% to 60% by 2030. The bill also says, "that it is the policy of the state that eligible renewable energy resources and zero-carbon resources supply I 00% of retail sales of electricity to California end-use customers by December 31, 2045," and that all stak agencies regulating electricity build this goal into their planning. lhis effectively means that the difference between the electricity carbon content of the CCA and remaining with status quo utility service may not be significant.

Additional Objectives
CCAs can also serve as a vehicle to pursue other objectives that benefit the City, its residents, and businesses. Examples of additional objectives could include the following:

Economic development. A CCA can potentially contribute to local economic development in two ways. First, if the CCA offers reduced electricity rates, additional dollars can flow into the local economy as households and businesses spend their incomes on items and services other than electricity. Second, the CCA can offer programs that aliow households and businesses to reduce their power consumption, such as energy efficiency and distributed energy resources.

Local jobs and employment. Beyond the potential jobs that could result from the economic stimulus of possibly lower rates, the CCA can more directly incentivize and support local job creation. This includes employing residents in CCA administration, using local contractors for energy efficiency programs, and distributed energy generation (e.g., rooftop solar installers and maintainers). The CCA can also partner with local community colleges and/or trades apprenticeship programs to support quality local job opportunities.

Prioritization of renewable power development. Beyond support of locally sited distributed energy generation ("DEG," e.g., rooftop solar), a CCA may prioritize siting larger, grid connected DEG and utility-scale renewable project locally.

Local citizen input and participation. A primary purpose of a CCA is to better reflect its community's interests and values than an investor-owned utility like SDG&E can. For example, a CCA can commit to providing opportunities for citizens to provide input into its programs and policies, such as having a citizens' advisory board or having a non-voting, atlarge community seat on the CCA's board of directors.

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ATTACHMENT 3
CCA Options for San Clemente
CCA Options Available to San Clemente
San Clemente's three primary options for community choice aggregation (CCA) are: joining an existing CCA, specifically the Clean Energy Alliance (CEA) or the Orange County Power Authority (OCPA); forming a stand-alone San Clemente-only enterprise-based CCA; or forming a San Clemente CCA and joining the Cal Choice Energy Authority.

Forming a Single City Agency
In a sole jurisdiction approach, the City establishes the CCA as an enterprise and maintains full flexibility---and responsibility--for developing policies and procedures. This means that they can be specifically tailored to and responsive to the City's stakeholders and constituents and based upon their own objectives. The City would be responsible for setting policy priorities in general and making specific decisions about power generation, staffing policies, local economic development activities and strategies, formulation of financial and debt policies, and development of customer-focused programs, such as those promoting energy efficiency, electric vehicles (EV), and distributed generation (e.g., rooftop solar PV). Along with greater autonomy, the City would assume all risk, liability, and costs associated with operating the CCA. In this case, the likely path would be for the City to establish the CCA as an enterprise and work with appropriate legal counsel to explore options for controls and structural safeguards to financially insulate the CCA and minimize risk to the City's general fund.

Enterprises are commonly used for public utilities such as electric, water and wastewater, or other city functions where a public service is operated and provided in a manner similar to a separate business enterprise. Fees and charges are collected for services provided and accounting and budgeting are separate from a city's general fund. Establishing an enterprise provides management and CCA customers with visibility and accountability, and the ability to more easily separate and measure performance, analyze the impact of management decisions, detennine the cost of providing electric service, and use this information to develop electric rates and services. Enterprise accounting would allow the City to demonstrate to customers, the public, arid other stakeholders that the cost of power is being recovered through its rates, and not being subsidized or comingled with other City funds or functions.

Within the city-only option, the San Clemente CCA would have to detennine ifit is to be a fully in-house operation with existing or added City staff, or if the City would outsource some of or all of the activities, with the City only administering contracts and managing vendors. Examples of some of the categories of operating activities that would need to be performed in-house or outsourced include:
• Power procurement and operations
• Finance, budgeting, and accounting
• Coordinating with SDG&E on billing
• Customer service
• Communications, outreach, and public relations
• Customer service programs (EE, EV, or rooftop solar PV) October 2021 14 MRW & Associates, LLC
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ATTACHMENT 3
CCA Option~ for San Clement1;
" Rc11ulatory monitoring and compliance (e.g., CPUC filings) The likely best short-term option would be to outsource the highly technical functions and maintain some of the management, planning, and otht:r public-facing functions, like communications, in-house. The range of options depends upon the degree of operating control the City wishes to maintain, the costs associated with maintaining those functions, and the degree of risk it is willing to accept on its own, or delegate to third-party providers to assume these responsibilities.

Forming a stand-alone CCA also requires financial support from the City. The City would need to fund initial feasibility studies, a business plan, and implementation plan, as welt as the initial start-up capital to get the CCA going. For example, the City of Irvine funded the initial feasibility study and implementation activities ofOCPA, along with a working capital loan of $2 million, which is slated to be repaid over the first few years of OCPA operation. 18 If San Clemente were to form a city-only CCA, it should expect to have to supply a loan to the CCA on the order of$300,000 to $500,000, which would be paid back during the first 2 to 5 years of operation.
lfthe San Clemente CCA were to pursue additional seryices, it would require at least one or two managers, supported by analyst professionals, some of whom could be shared with other San Clemente departments.

There are currently three fully stand-alone city enterprise CCAs in California: San Francisco, San Jose, and King City. Being relatively large, San Francisco and San Jose perform most of the CCA functions in-house using city staff. King City, being one of the smallest CCAs (by load served), fully outsources its CCA operations, with one staff member-the city manager-- acting as the link between King City and the contractor. Before forming CEA, the City of Solana Beach also operated in this fully-outsourced model.

Joining CalChoice Energy Authority
CalChoice Energy Authority (CCEA) is described as a ''hybrid" JPA, where the JPA provides requested services to its member CCAs but does not control any of its general policies or programs. 19 More specifically, CCEA provides to its members, as desired:
• Power, including contract procurement, portfolio management, load forecasting and scheduling, and complying with and demonstrating procurement-related regulatory requirements (e.g., resource adequacy, renewables, etc.). • Regulatory and compliance support, including preparing and filing compliance reports to the California Public Utilities Commission, the California Energy Commission, and the California Independent System Operator; and general regulatory advocacy. 13 Per initial JPA Agreement, Irvine provide a $2 million loan. Due to tight credit markets and low CCA margins, OCPA's banker has requested Irvine provide an addition $5 million of load guarantees. 19 See, https://califomiachoicccnerayauthorjty ,com/ _____ , ____________________________ _ October 2021 15 MRW & Associates, /,LC 10-19-21 / 8B-19
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ATTACHMENT 3
CCA Options for San Clemente
• Billing and data management, including interface with SDG&E and call center operations.
• Treasury, including CAfSO invoice validation, rate design development, and risk management.

Thus, CCEA is effectively a non-profit outsource for all of the detailed activities of a CCA.

This is a good match for smaller cities such as San Clemente who are interested in the local control of the CCA but not interested in performing the day-to-day management needed to operate a CCA.

CCEA members that are providing power are: Lancaster Choice Energy, San Jacinto Power, Pico Rivera Innovative Municipal energy, Rancho Mirage Energy Authority, and Apple Valley Choice Energy, Baldwin Park Resident Owned Utility District, City of Commerce, and Pomona Choice Energy. The cities Palmdale and Santa Barbara are recent members and plan to offer service to customers in October 2022 and October 2021, respectively.

AJI of the city-only CCAs in SCE's territory are CCEA members. This makes sense in that they are all small. It also presents a potential obstacle to San Clemente joining CCEA, as it is located in SDG&E's territory. CCEA would thus need to expand its services to interact with SG&E.

Were it to join CCEA, San Clemente would be responsible for setting policies, setting rates, marketing and customer outreach, and the implementation of any desired local programs. It would also still have to provide any start-up loans and any collateral or loan guarantees needed to acquire financing.

The CCEA Board of Directors is the Lancaster City Council. The actual services provided by CCEA are via contractors and consultants supervised by City of Lancaster personnel (e.g., Lancaster City Manager, Lancaster Choice Energy's Executive Director.) Thus, CCEA's administrative simplicity (the city not having to acquire expertise or expert contractors) is a traded off against the fact that San Clemente would have to accept the contractors and service providers selected by CCEA. The bottom line is that CCEA is by design more of a client; San Clemente would remain fully in control of the power that the JP A purchased on its behalf as well as which services the JPA provides to the City.

Forming/Joining a Joint Powers Agency (Generically)
The second option would be the fonnation of a JP A, where the JP A is an independent agency that operates on behalf of the public agencies which are patiy to its creation. In this approach, the City effectively shares responsibility with the other agencies participating in the JP A. The divisions of these responsibilities and the sharing of decision-making authority would be determined at the time the JPA is created. Other critical 'ground rules' are negotiated and memorialized, such as financial and possibly staffing commitments of each participating agency, and the composition of the board and voting procedures.

The JP A structure reduces the risks of implementing a CCA program for the City by completely separating its books from the financial assets and liabilities of the City and the other October 2021 16 MRW & Associates, UC
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ATTACHMENT 3
p.irli..1p:1ti11g a~ •. 11t•rr: :, und di-,tri ~1uu11 g d,,: risks mid 1.:u~I< a ;,01.:intl:d \\ ifl1 the cc:, a, 10 11g th,:
panil'ipatin~ t·ntili c>~. II 1,11uld ahu p n H i,k !ht· benefits ot scale and l'U >tlOIH) !11r ct>rtain a.,pc..:h of' ( Cf\ operation. such as po,,ci" procurt>111e11I or back nftice bi! ling am! accounting function., Ke) tradeofls to the benefits ufa JPA are that decision making is allocated among!>! the parties ,md management independence is diminished. Objectives of participating agencies \,ill likely differ and reduced autonomy can manifest when setting priorities for local generation, economic development activities, and importance of support programs.

As described in detail i11 the nest section, the JP As that the City of San Clemente would likely join due to geographic proximity would be OCPA or CEA. If the City of San Clemente were to join OCPA, it would be the only member city within that JPA that is located in SDG&E service territory. There is one other CCA that have member cities served by t\\O or more different utilities: Central Coast Community Power, \vhose communities are all in PG&E's area except for southern Santa Barbara County, which is in SCE's.

CCA Failures
To date there has been only one CCA failure: Western Community Energ) (WCE) in Riverside County, which was comprised of the cities of Eastvale, Norco, Hemet, Jurupa Valley, Perris. and Wildomar. WCE was formed in 2018 and began servicing member cities in spring 2020. 011 May 17, 2021, WCE filed a declaration of emergency and authorized the filing for Chapter 9 bankruptcy protection. WCE cited several contributing factors that impacted its financial \\ellness, including non-payment from customers due to COV lD-19, a power price spike in /\ugust 2020. and insufficient hedging and power price ris~ management. While other CCAs experienced similar challenges, they were able to rely on reserves accumulated over years of operation. WCE, beginning service April and May 2020, had no reserves to fall back on, a contributing factor to its decision to file for bankruptcy.

Other cities of chosen to ··decertify," that is, chosen not Lo move forward with CC' A after having submitted a CCA implementation plan to the California Public Utilities Commission. These cities include Hanford, Industry and Palmdale. One city, Baldwin Park, is instituting decertification and ceasing serving it residents and businesses because of the current challenges of offering rates lower than those of its incumbent utility, Southern California Edison. 20 October 202 l t7 MRW & ,1ssociates, llC
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CCA Options for San Clemente
Review of Existing CCA Options
Orange County Power Authority
ATTACHMENT 3
In this section, we outline the composition, governance, and voting structure of Orange County Power Authority (OCPA). This section highlights where the OCPA JP A differs from, or is consistent with, other CCA JPAs.

Size and 1llember,5
OCPA is composed of four member agencies: the Cities of Huntington Beach, Irvine, Buena Park, and Fullerton. These cities are all located within SCE's service territory. The CCA estimates that it will have to serve an estimated load of 4,052 GWh.

If San Clemente were to join OCPA, it would only marginally increase OCPA's load, but it would be the only SDG&E member of OCPA. This would make OCPA onp of the few CCAs to have members who are not all part of the same utility jurisdiction. Having customers in two different utility service territories would add complexity to OCPA's operations and remove some of the economies of scale that are achieved in the formation of the JPA. Specifically, OCPA would have to implement systems to interface not only with Southern California Edison (SCE) (which currently serves the OCPA cities) but also San Diego Gas & Electric (SDG&E) which serves San Clemente. OCPA would also have to create specific rates for San Clemente, as SCE and SDG&E's rate structures are not the same. •
Board of Directors and Voting
The OCP A is governed by a Board of Directors, with one director appointed by each JPA member21 , except for the City of lrvine, which would initially have two directors but would drop down to one director once Irvine's loan to the OCPA is paid off.22 This structure is unique; all other California CCA JP A agreements that MR W has seen specify that each member community would have one member on its JPA Board.

The JPA also provides for a second "Voting Shares Vote."23 The JPA states that during the same Board Meeting after an affinnative or tie vote, two or more Directors may request a "voting share vote" to reconsider the action approved by a first vote. (Both Directors cannot be from Irvine.) The voting shares are proportional to the annual energy use of the community.

This voting shares vote option is common. East Bay Community Energy (EBCE), Marin Clean Energy (MCE), Clean Power Alliance, Peninsular Clean Energy, Sonoma Clean Energy, and Silicon Valley Clean Energy are all major CCAs that allow for a "voting shares vote" for a 21 The OCPA JPA Agreement states that the director (and alternative director) shall be a member of the governing body of the Party Gurisdiction) wllen appointed (Section 3.2). 22 OCPA JPA Agreement, Section 3.1 23 OCPA JPA Agreement, Section 3.9.2 October 2021 18 MRW & Associates, LT..C
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t
ATTACHMENT 3
CCA Options for San Clemente
particular matkr if requested by a certain number of board directors. MR W is not aware of any CCA Board of Directors exercising a Voting Share Vote.

The OCPA JP A Agreement also explicitly states that membership does not require any financial obligations: "Parties are not required under this Agreement to make any financial contributions or payments to the Authority, and the Authority shall have no right to require such a contribution or payment."24 Instead, the City ofirvine is providing the initial capital loan and collateral to the OCP A. However, the Board may adopt a membership fee that additional (new) parties would be required to pay upon entering into a JPA agreement with OCPA. 25 Financial Exposure
Generally, all CCAs have similar stipulations in their JP A agreement to those of OCPA regarding the financial obligations of their members. Individual member jurisdictions are not held responsible for the debts, liabilities, or obligations of a JP A unless the goveming board of each member jurisdiction (i.e., its City Council) agrees to assume a debt, liability, or obligation.

Additionally, CCAs typically indemnify and hold harmless member jurisdictions and their associated staff from any claims, losses, damages, costs, injuries, and liabilities arising directly or indirectly from the conduct, activities, operations, acts, and omissions of the JPA. For those JPAs that allow for members to be required to make contributions or pledge assets as a condition of continued participation in a CCA program, the JP A agreement requires a vote of at least 75% of all directors and the approval of the governing boards of each member jurisdictio1:s who are being asked to contribute.

The establishment of many JP As necessitated that the initial implementation costs of a CCA Program be funded by an initiai member jurisdiction. In these situations, the member jurisdiction providing the initial funding was not entitled to any reimbursement of these cost if the CCA program did not become operational.

OCPA's initial members are each known as "Founding Party" members, while members who join the JPA after 2021 become an "Additional Party."26 Being a Founding Party automatically places the new member's Director on the JPA's Executive Committee. The benefits and obligations of being a member ofthe Executive Committee are laid out in the JPA. The Executive committee would be formed if the Authority's membership reaches nine or more members. San Clemente would join as an Additional Party and potentially be subject to a membership fee uponjoining. 27 This tiered membership, which provides privileges to the initial members, is unique among CCAs.
24 OCPA JPA Agreement, Section 5.6. 25 OCPA JPA Agreement, Section 5.6. 26 OCPA JPA Agreement, Preamble. 27 OCPA JPA Agreement, Section 5.6.

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ATTACHMENT 3
CCA Options for San Clemente
Witlulrawingfrom the .IPA
The JP A agreement also provides for the right to withdraw from JPA membership. lf a member party withdrew from the JP A agreement before April 1, 2021, it would withdraw without liability or cost upon providing the Authority fifteen (15) days advance written notice. 28 After April I, 2021, any current member city ( or new member city) could withdraw from the JPA effective at the beginning ofan OPCA's fiscal year by providing no less than 180 days written notice. A member city who exercises this latter withdrawal option may be responsible for the various damages and losses its withdrawal might cause to the JPA. 29 These damages would likely be associated with the value of power purchase contracts entered into by the OCPA on the member city's behalf which the OCPA could not liquidate.

Other CCA JP As allow member jurisdictions to withdraw from the authority after giving a certain amount of notice in advance, usually 180 days. Like OCP A, some JP As also require an affirmative vote from the governing board of the departing jurisdiction (i.e., City Council) before the jurisdiction can withdraw. However, JP As will typically hold departing jurisdictions responsible for certain continuing liabilities or financial obligations, such as power purchase agreements. These liabilities and obligations are typically costs incurred by the JP A on behalf of the departing jurisdiction.

Clean Energy Alliance
ln this section, we outline the composition, governance, and voting structure of Clean Energy Alliance (CEA). This section highlights where the CEA JP A differs from, or is consistent with, other CCA JPAs.

Size and Members
Three member cities make up CEA: Solana Beach, Carlsbad, and Del Mar. Like San Clemente, all these member cities fall under SDG&E's jurisdiction. The CEA estimates that it will have to serve an estimated load of 969 GWh in 2022 associated with an estimated 58,000 customer accounts. 30
Board of Directors and Voting
The CEA is governed by a Board of Directors, with one director appointed by each JP A member. 31 Each director must be a member of the city council of the appointing party.

In general, Board action requires the affirmative votes of a majority of the Directors on the entire Board, with a tie vote resulting in no action being taken. For any matter related to the issuing of bonds or other forms of debt, adding or removing member cities, removing Directors, adopting or amending most bylaws of the JPA, or amending or terminating the JP A agreement, 28 OCPA IPA Agreement, Section 6.1. 29 OCPA JPA Agreement, Section 6.3. 3 ° CEA lrnplementation Plan, pp. 22-23. 11 CEA JPA Agreement, Section 4.11.

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ATTACHMENT 3
CCA Options for San Clemente
a special voting structure is instituted that requires the affirmative vote of two-thirds of the directors of the entire Board. Any actions 011 Eminent Domain requires the affirmative vote of three-fourths of the entire Board, with no eminent domain action being approved without the affirmative vote of the Director representing the member city being directly affected. Lastly, a unanimous vote is required from the Board to amend JP A agreement provisions pertaining to the Purpose of the Agreement, Compliance with Local Zoning, Voting Requirements, Eminent Domain, Power Supply Requirements, and the Solana Energy Alliance Transition. 32 The CEA JP A Agreement also explicitly states that members are not required to make any financial obligations: "Parties are not required under this Agreement to make any financial contributions or payments to the Authority, and the Authority shall have no right to require such a contribution or paymcnt." 33 The initial start-up costs of the CCA were divided equally between the three founding members of CEA, with the founding members not being entitled to any reimbursement of these cost ifthc CCA program did not become operational. 34 Financial Exposure
Under the CEA JPA agreement, individual member jurisdictions are not held responsible for the debts, liabilities, or obligations of the JPA unless the governing board of each member jurisdiction (i.e., its City Council) agrees to assume a debt, liability, or obligation. Additionally, CEA indemnifies member jurisdictions and their associated staff from any liabilities arising directly or indirectly from the conduct, activities, operations, acts, and omissions of the JPA.

The JPA agreement states that the JPA docs not require members to make any financial contributions or payments to the Authority nor may the JPA require a contribution or payment. 35 However, the JPA agreement does allow for member jurisdictions to voluntarily enter into an agreement with the JP A for contributions of public funds, advance of public funds, and personnel, equipment, or property in lieu of other contributions and advances. 36 Additionally, the JPA may require a new member to pay a membership fee to cover costs associated with adding a new jurisdiction. 37
It is important to note that one of CEA' s founding member jurisdictions, the City of Solana Beach, had been operating a city-only CCA, known as Solana Energy Alliance, since 2018. By joining CEA, the City of Solana Beach agreed to transfer its CCA customers to CEA. The CEA JPA agreement stipulates that other CEA member jurisdictions are not held responsible for the debts, liabilities, and obligations of Solana Energy Alliance. 32 CEA IPA Agreement, Section 4.12 33 CEA JPA Agreement, Section 7.3.5 34 CEA IPA Agreement, Section 7.3.2 15 CEA JPA Agreement, Section 7.3.5 36 CEA JPA Agreement, Section 7.3 .5 37 CEA JPA Agreement, Section 2.4.3 October 2021 21 MRW & Associates, LLC
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CCA Options for San Clement..:

Withdrawing from the JPA
The JPA agreement provides for the right to withdraw from JPA membership. Any member city can withdraw from the JPA effective at the beginning of a CEA fiscal year by providing no less than one year advance written notice. A member city who exercises this withdrawal option may be responsible for the various damages and losses its withdrawal might cause to the JP A. 38 Similar to other CCAs, CEA's IPA agreement allows for involuntary termination of a metnber city's membership with the CCA after a two-thirds vote of the entire Board excluding the vote of the member subject to the termination. 39
is CEA JPA Agreement, Section 8.l.3. 19 CEA JPA Agreement, Section 8.3. ------- - ----------------------~-~--- October 2021 22 MRW & Associates, LLC 10-19-21 / 8B-26
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--------~-
/'src Thrn.: (~pe11·1]tiu:1g Ciiy--Only CCAs Sh ~H~r to Sm1 (Jcrnente'? Currently, there are at least eight established city-only CC As with unJer 100,000 residents in California. Most of these CC As arc located in SCE territory. San Clemente would represent one of the larger city-only CCAs within this population grouping. as well as the first of its size in SDG&E territory. C:limatologically, San Clemente would be one of the few of these city-only CCAs with a Mild Coastal climate. Under this climate type, the city would likely not require large amounts of air-conditioning relative to inland cities due to the City's mild climate.

Therefore, a city-only CCA in San Clemente would not likely need to procure large amounts of generation capacity due to the expected lack of air-conditioning load in the City. Among the city-only CC As of similar size to San Clemente, only one CCA is not a CCEA member (King City). This situation highlights the value that CCEA is able Lo provide dty-only CCAs who may not have the resources or personnel to operate a city-only CC A alone. Table 3 below outlines the different city-only CCAs similar in size to San Clemente.

Tab]c3. City-Only CCAs with under 100,000 residents
. San Clemente I Santa Barbara
64,551 Mild Coastal SDG&E
90,254 Mild Coastal SCE Yes
~ - Baldwin Park 74,480
1 Moderate Inland SCE Yes I
Apple Valley 74,061 Semi Desert SCE Yes
Pico Rivera 61,338 1 Moderate Inland SCE Yes
I San Jacinto
- __.___ 51,122 Semi Desert SCE Yes
Rancho Mirage 18,954 Desert SCE _J_ Yes i----
I Commerce 12,450 / Moderate Inland SCE Yes
r King City 13,968 J Moderate Inland I PG&E No
Table 4 below shows the rate differential for residential service between particular CCAs and the incumbent utility. These rate differentials were calculated based on the most current rates for each CCA and associated utility. A rate differential that results in a bill savings signifies a lower CCA rate than the rate offered by the utility for a comparable rate product, while a bill premium signifies a higher CCA rate than the utility rate. The table feature two sets of rate differentials, with one set comparing a CCA 's most basic Green energy offering (least ~
0 Population values based on 2020 US Census data estimates. http,:, 1\1·1111 .cen$llS.!!01 'lll\l!!ram;• ~ur~<!, S, po pest, t¢chnh:al-dy~u mentation.'11::,earchf.;\ aluation-estimates:2020-~\ ahmtiun-e,ti111at1:s. :!U I u~-..:itie>- and-1m1 nHola I .html
I
1 October 202 J 23 MRW & Associates, LLC
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CC/\ Oplit)ll'i lr11 San Clt'me11k ... -~ - ·.
n.:ncwables) with the utility's basic Green energy offering (typically 50% rcnewablcs) and the second sd comparing the CCA 's I 00% rcnewnble Green energy product with the utility's I 00'% renewable product. As shown in the table, several city-only CC As cannot currently offer any bill savings compared to the incumbent utility for either Bask Green energy products or I 00% Renewable energy products. However, some CC As, such as CE/\ and Baldwin Park, currently offer rates that are competitive with or provide bill savings relative to the local utility. Although the current rate differential situation among CCAs is likely to improve in the near future, some CCAs have still been able to provide competitive rates despite current market conditions. If San Clemente were to join CEA, it is likely that this CCA would be able to provide the City's residents with competitive rates relative to SDG&E's rates. Unfortunately, OCPA has not published any rates at this time (OCPA is expected to sta11 operations in 2022) and therefore we are unable to provide a rate comparison for this CCA at this time.

Table 4. Residential Rate Bill Savings/Premiums for Comparable Cities • · •,- · ' • • Residential Rate Resldential Rate '
Differential Differential
CCA Tcrritorv (Basic) {100~ Renewable)
- ' -- .. . . .

OCPA 1 scE T.8.0. T.B.D.
~ ----- 1-
CEA I SDG&E 0.1 % Bill P1 Pl1lil'l"il 1 14% Bill Savings Pico Rivera (PRIME} I SCE 0.8% Bill P1e1niu111 I 2.9}n Bill Pl':!n!ll!ill L _J Baldwin Park SCE 2.6% Bill Savings . 2.9% Bill Savings
(BPROUD) 41
San Jacinto Power SCE
1 3.4% Bill Pn~11durn 7 5% Bill r,eniium
' Apple Valley {AVCE} SCE i..2"/o Bill P1en1i111,1 N/A --- Clean Power Alliance SCE I 4.Y% Bill f-'1 e01iuni 6 6% f. 111 Prt•rn ru,n The fact that all of the CCAs in Table 4 but Baldwin Part are currently offering service at a premium is unusual. Prior lo late 2020, all CCAs had offered residential rates that were equal to or lower than those of their incumbent utility. The change in late 2020 was primarily due to a temporary spike in the exit fee (Power Cost Indifference Amount or "PCIA'"). When MRW performed a similar survey in early 2020, CCAs were typically offering savings of 1-3%, with only two environmentally focused Northern California CCAs having rates higher than their incumbent utilities.
' 1 BPROUD has not changed its rates since beginning service in October 2020. Rather than increasing rates lo cover its projected costs, the Cit:,, of Baldwin Park is choosing to discontinue C'CA service. (See footnote 20.) •• - -··- ------- October 2021 24 MRW & Associates, llC 10-19-21 / 88-28
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Tabk 5 belo\,, qua licatively compares San Clemente ·s threl! ('(. 'A optio11s againsl remaining with SDU&E. First, l'vlRW cannot project any quantifiable difference in rate or GHG savings between the three CCA options. The stand-alone and CCEA options offer greater flexibility and control, but at the price of higher start-up costs, greater staff effort, and higher financial risk.

Lastly, joining an existing CCA like OCPA or CEA is the quickest option, allowing for CCA formation at least one year sooner than the other two options.

Table 5. Comparison of San Clemente CCA Options
I Rates
Comparable/
I modestly
J lower
GHG Reduction Potential
1 Over Forecast Period
Some
Local Some
Control/Governa nee
Local Economic Benefits Some
Start Up Costs/Cos,, ~to+ None
Join
- -
Level of Effort _ L Minimal
Timing (earliest) 2023
I
Comparable/
modestly
lower
Some
Greater
Greater
Some
I
Comparable/
modestly
lower
Some
Greatest
Greatest
Greatest
Base
Base
None
Minimal
None
Some
2024 i_
Greatest
I
----,---
2024 1
None
N/A
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ATTACHMENT 3
ATTACHMENT 2/\C.- /O() l
CITY OF SAM CI..EMENTE
PROFESSlONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 27th day of August, 2021, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 ("City") and MRW & Associates, a LIMITED LIABILITY COMPANY, with its principal place of business at 1736 Franklin Street, Suite 700, Oakland, CA 94612 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional Community Choice Energy (CCE) consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that It is experienced in providing professional CEE consulting services to public clients, is licensed In the State of California, if applicable, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional CCE consulting services for the Qualitative Review and Comparison of CCE Options project ("Project') as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope Qf Services, Consultant 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 professional CCE consulting 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, r~les and regulations.

3.1.2 Term. The term of this Agreement shall be from August 27, 2021 to completion of services, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibllltles of Consultant.

3.2.1 Jndependent Qo01@ctor; Contr21 aod P,iYment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will detemiine the means, methods and details of performing the Services subject to the requirements of this 55452.01100\31193624,5
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Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant 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 Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant 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. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment Insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto ·and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Endgrsement on PS&E/ Other Data. Consultant shall sign all plans, specifications, estimates {PS&E) and engineering c;lata furnished by Consultant, and where appropriate will indicate Consultant's authorized signature and professional registration number.

3.2.4 ~onformance to . AppliCc9ble Requirements. AU work prepared by Consult,!nt shall be subject to the approval of City.

3.2.5 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services In a manner acceptable to the City, or who are determined by the City to be uncooperative, Incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Mark E. Fullmer.

3.2.6 City's Repre§enlative. The City hereby designates Jennifer Savage, Assistant to the City Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scopa of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.7 Consultant's ReR~sentative. Consultant hereby designates Mark E. 2 65452,01100\31193624.5
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Fullmer, or his/her deslgnee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consu11ant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.8 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.9 Standard of Care: Performance of Employees. Consultant shall perform all Services under this Agreement In a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that It Is sklllecl in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that It, lts employees and subconsultants have all licenses, permits, qualttications 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, Consultant 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 Consultant's failure to comply with the standard of care provided for Mrein. Any employee of the Consultant or its sub-consultants Who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely c:ompletion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services In a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.10 !,aws gnd Regulations. Consultant shall keep Itself fully informed of and In compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, Including all Cal/OSHA requirements, and shall give all notices required by faw. Consultant shafl be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, Its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.11 Safety. Co11sultant shall execute and maintain Its work so as to avoid Injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be In compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall Include, but shall not be limited to: (A) adequate life protectfon end lifesaving equipment and procedures: {B) Instructions in accident prevention for all employees and subconsuitants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety 3 55452.01100\31193624.5
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ATTACHMENT 3
measures.

3.2.12 [nsurance. Consultant agrees to procure and maintain, at Consultant's expense all insurance specified in Exhibit "C" attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed five thousand dollars ($5,000) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment ,of Compensation. Consultant shall s1,1bmit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The Invoice sh.all 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 Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 flslimbursem.fillUQ.rf;_XQ.,~. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "D" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant 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 anticlpate would be necessary at the execution of this Agreement Consultant 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 "D" may be adjusted each year at the time of renewal as set forth in Exhibit "D."

3.3.6 Labor Code Reguirements.

3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, gt ~-, and 1770, ru §fill., 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 SeNices 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 ls $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant 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 Consultant's principal place of business and at the 4 55452.01100\31193624.5
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project site. Consultant shal! defend, indemnify and hold the City, Its officia!s, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6.2 Registration. If the Services are being performed as part of an applicable "public works" or "maintenance" project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants rnust be registered with the Departme!ll of Industrial Relations ("DIR"}. Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant'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 Services performed on a public works project that is exempt pursuant to the small project exemption specified In Labor Code sections 1725.5 and 1771.1.

3.4 Accounting Records.

3.4.1 Maintenance and lnspe,ctlon. Consultant shall maintain complete and accurate recorcls with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant 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 Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant ~hall be entitled to no further 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 may require Consultant to provide all finished or unfinished Documents and Data and other Information of any kind prepared by Consultant In connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1 .3 M~lilonal Seryjces. 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, seivlces similar to those terminated.

3.5.2 Delivery of NotjCQ§. 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:
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Consultant: IIIIRW & Associates
City:
1736 Franklin Street Suite 700
Oakland, CA 94612
ATTN: Mark E. Fullmer, Principal a11ol President
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Jennifer Savage, Assistant to the City Manager
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 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Da!s: licensing 9f intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or subllcense any and all copyrights, designs, and other inteliectual property embodied Ir\ plans, speclflcations, studies, drawings, estimates, and other documents or works of authorship fixed fri any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has ihe legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way In its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related Industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper. newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant's proprietary Information (''Proprietary lnformation'1 unless the City's legal counsel determines that the release of the Proprietary Information is required QY the Califomla Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of Its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall 6 55452.01100131193624.5
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indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.5.4 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.

3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3,5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, it~ directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, Including wrongful death, in any manner arising out of, pertaining to, or Incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agehts in connection with the performance of the Consultant's Services, the Project or this Agreement, Including without limitation the payment of all damages, expert witness · fess .and attorney's fees and other relc;1ted costs and expenses. Consultaht's obligation to indemnify shall not be restricted to Insurance proceeds, if any, received by Consultant, the City, its officlals, officers, employees, agents, or volunteers.

3.5.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a ~design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civll Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or wlllful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent Jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

3.5.7 Entire Agraement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes afl 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.

3.5.10 Clt~'i Right to Employ Oll:\ilr Consultants. City reseNes right to employ 7 56452.01100\31193624.5
10-19-21 / 88-36
7-19-22 I 8A-79
ATTACHMENT 3
other consultants in connection with this Project.

3.5.11 §.4~cessors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.12 As§.iggmru,,t or Transfer. Consultant 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 9onstruction: References: Qflp~jons. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agr(:lement. All references to City include its ele<;ted official~. officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this A~reement.

3.5.14 Amendment· Modification, No supplement, modification, pr amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppal, or otherwise,

3.5.16 No Third-Pfilty Bellfili.cjfilles. There are no intended third party beneficiaries of any ri~ht or obligation assumed by the Parties.

3.5.17 Invalidity: Severabil!.tt. 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.

3.5.1 B Prohlbjted Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant 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 Consultant, 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 vlolatlon of this warranty, City shall have the right to rescind this Agreement without liabllity. 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 tgual Oppo.!tuoltv Employment. Consultant represents that It is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall Include, but not be limited to, all activities related to 8 55452.01100\31193624.5
10-19-21 / 8B-37
7-19-22 / BA-80
ATTACHMENT 3
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant 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 CertiflcaUon. By its signature hereunder, Consultant 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 Agreement. Consultant has all requisite power and authority to conduct Its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Sllbcontractlng.

3.6.1 Prior Approval Bequired. Consultant shall not subcontract any portion of the work required by this Agreement, except as e~pressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
9 55452.01100\31193624.5
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7-19-22 / 8A-81
ATTACHMENT 3
IN W1JTNIESS WI-JERiEOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

ATTEST:
•'~~ u San Clemente, California
APPROVED AS TO FORM:
• BEST & KRIEGER
APPROVED AS TO AVA!LAB!UTY
~--- Finance Authorization
65~52.01100131193624.5
10 Mf:'}1/t IJ~(X;x:r/45 Llc_
rrJ/1146-~~~
¥/ ~ONSUL TANT")
By: PIA.et feU;1_1::1G _ __
Its:_ h"ef/tbHI
Dated
0 : 4us !,] , 20 7,)
10-19-21 / 8B-39
7-19-22 I 8A-82
ATTACHMENT 3
EXl-l18ff"A"
SCO!PE OF SERViCl::S
QUALITATIVE REVlEW AND COMPARISON OF THE CCE OPTIONS

MRW WILL INFORM SAN CLEMENTE OF THE CCE OPTIONS IT HAS AVAILABLE AND COMPARE THE OPTIONS. THESE OPTIONS INCLUDE JOINING OCPA, JOINING AN EXISTING cce IN SAN DIEGO COUNTY, FORMING A NEW JPA WITH NEIGHBORING SOUTH ORANGE COUNTY CITleS, AND FORMING A SAN CLEMENTE ONLY CCE. THIS

REVIEW WILL COMPARE AND CONTRAST THE BENEFITS AND DRAWBACKS OF EACH

GOVERNANCE MODEL, NOTING THE RISKS-AND POTENTIAL REWARDS-TO THE CITY AND l'HE SAN CLEMENTE COMMUNITY. MRW WILL DNCLUDE A GENERAL PRIMER ON CCE IN THE STATE TO PROVIDE HISTORY AND CONTEXT.

THE WORK PRODUCTS INCLUDE:
1) A MEMORANDUM SUMMARIZING MRW'S FINDINGS.
2) A PRESENTATION TO THE CITY COUNCIL OF MRW'S FINDINGS. 3) ANSWERING ANY QUESTIONS FROM THE COUNCIL ON CCE FORMATION AND ADVISEMENT ON POSSIBLE NEXT STEPS.

MRW WILL ALSO IDENTIFY ORANGE COUNTY AND SAN DIEGO COUNTY CITIES THAT

UTILIZE CCES, AND IDENTIFY CITIES IN SOUTHERN CALIFORNIA, COMPARABLE IN

SIZE TO SAN CLEMENTE, THAT HAVE CONVERTED TO CCE INDEPENDENTLY, AS OPPOSED TO PARTNERING WITH OTHER JURISDICTIONS.
11 55452.01100\31193624.5
10-19-21 /88-40
7-19-22 I BA-83
\.

EXHIIBIT "S"
SCHIEDUl E OF SERVICES
ATTACHMENT 3
1) A MEMORANDUM SUMMARIZING MRW'S FINDINGS - DUE TO CITY STAFF 4 WEEKS

FROM EXECUTION OF THIS CONTRACT
2) A PRESENTATION TO THE CITY COUNCIL OF MRW'S FINDINGS - DUE AT CITY COUNCIL MEETING TENTATIVELY SCHEDULED FOR OCTOBER 19, 2021 3) ANSWERING ANY QUESTIONS FROM THE COUNCIL ON CCE FORMATION ANO ADVISEMENT ON POSSIBLE NEXT STEPS - DUE AT CITY COUNCl_l MEETING TENTATIVELY SCHEDULED FOR OCTOBER 19, 2021
55452.01100\31193624.5
10-19-21 / 8B-41
7-19-22 I 8A-84
EXHlBff "C"

INSURANCE REQUIREMENTS
ATTACHMENT 3

3.2.12 wsurance.

3.2.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that It has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence Work on any subcontract until it has provided evidence satisfactory to the City that the subconsullant has secured all insurance required under this section.

3.2.12.2 Tyoes of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, In partial performance of Its obligations under such Agreement, shall procure and maintain In full force and effect during the term of the Agreement the following policies of insur~nce. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Cornmerclal General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 In the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exolusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile 1,.lability • Insurance: Automobile Liability Insurance with coverage at least $S broad as Insurance Services Office Forni CA 0001 covering "Any Auto" (Symbol 1 ), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Llabllity (Errors & Omissions): Professional Liability insurance or Errors & Omissions Insurance appropriate to Consultant's profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the Initial Agreement and continuous coverage wlll be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
65452.01100\31193624.5
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ATTACHMENT 3
(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 Agreemen,t.

Additional Insured Endorsements shall not {1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage t:J "sole" liabillty of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.4 Professional Liability (Errors & Omissions):
(A) 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) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must "pay on behalf of' the insured and include a provision est~blishing the insurer's duty to defend.

3.2.12.5 Workers' Compensation:
(A) 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.

3.2.12.6 Primary aog N2n-C2n!ri~utjng ln§..urence. 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.

3.2.12.7 Waiyer of SubrgaatioQ. All policies of Commercial Geheral Liability and Automobile Liability insurance shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, !ts officials, officers, employees, agents, and volunteers, and shall require simllar written express waivers . and insurance clauses from each of its subconsultants.
55452.01100131193624.5
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7-19-22 I BA-86
ATTACHMENT 3

3.2.12.8 p_eductibles and Self-Insured fsetentions. Any deductible or selfinsured 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.

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

3.2.12.10 Failure to Maintain coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse In the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will wrfhhold amounts sufficient to pay premium from Consultant payments. 111 the alternative, City may cancel this Agreement effective upon notice.

3.2.12.11 Acceptability of Insurer~. 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.
3,2.12.12 EnfQr<:ement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.2.12.13 Requirements Not Umlting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any Insurance.

3.2.12.14 ln§uranpe for Subcom1uttan1s. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, Including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability Insurance provided by Consultant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and 55452.01100131193624,5
10-19-21 I 88-44
7-19-22 I BA-87
(
ATTACHMENT 3
volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant's compliance with all insurance r~quirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
55452.01100\31193624.5
10-19-21 / 88-45
7-19-22 I BA-88
65452,01100131193624.5
EXHIBIT"D"

COMPENSATION
$6,000
ATTACHMENT 3
10-19-21 / 88-46
7-19-22 I 8A-89
ATTACHMENT 3
WOEf)..t,K$.~OMPENSAJIOt;J INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
Jx
I
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 __ H_a_rtf_o_rd_P_r_op_e_rty_ &_c_a_su_a_ltv ______ _ Policy Number_ 57WECAA8M63
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.
§M~gUllll\31193624. 5
10-19-21 / 88-47
7-19-22 I BA-90
ATTACHMENT 3
Dated: _f};l'-gl•i!i; l. 7 ,_ 2021
Title
J))t? hi:Jnthvr >I S/2; 7&:J
Address .,
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66462.01100\31193624.5
10-19-21 /88-48
7-19-22 I BA-91
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ATTACHMENT 4
-
7-19-227 8A-92
Agenda
• What is Community Choice Energy?
• About Clean Energy Alliance
• Benefits of Joining Clean Energy Alliance
• Bill Comparison - Clean Energy Alliance vs SDG&E
• Timeline for Bringing Clean Energy Alliance Service to San Clemente Residents & Businesses ►
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EN~RG\,J!.
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What is Community Choice Energy?
• Authorized by AB 117 - 2002
• Allows cities & counties to aggregate electricity load for purposes of electricity procurement
• San Diego Gas & Electric continues to provide
• Transmission & Distribution
• Maintain poles & wires
• Address power outages
• Maintain customer service accounts - establish service, disconnect service. payment arrangements C LEAN
• Customer billing f= N .= RC\
• - ALL , .-•c
~
What is Community Choice Energy?
• 2010 - First CCE program begins serving customers
• Marin Clean Energy - PG&E territory
• Currently there are 23 operational CCEs serving 216 cities & counties, and 4.5 million customers statewide
• 2 CCEs operating with SDG&E territory
• Clean Energy Alliance
• San Diego Community Power
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About C·lean Ene.rgy Alliance
• Established in 2019
• Purpose:
• Provide cleaner electricity at competitive rates to meet member cnmate Action Plan goals • Founding members
• Carlsbad
• Del Mar
• Solana Beach
• Expansions
• 2021
• Escondido & San Marcos joined
• Customers served Apri! 2023
• 2022
• Oceanside & Vista joined
• Customers served April 2024
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5 About Clean Energy Alliance
• Governance
• Board - 1 Board Member & 1 Alternate per Member Agency • 1 Member = 1 Vote
• No Weighted Vote
• Community Advisory Committee
• 2 Appointees per Member Agency
• Provide Advisement on Issues as Determined by the Board • Meet Bimonthly
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About Clean Energy Alliance
• Currently serving ~60,000 customers
• Grow to - 160,000 customers 2023
• Adding Oceanside & Vista = additional 113,000 customers - total 273,000 accounts within CEA territory
• Power Supply Products
• Clean Impact - Minimum 50% Renevvabie increasing to 100'3i> renevvabie by 2035
• Clean Impact Plus - 75% Carbon Free
• Green Impact - 100% Renev,ab!e
• Personal Impact - Net Energy fvletering Program
C:LE,t:...N F I~'-, F r ; t-:'. • •. _, _ -. _ r . J. 11 About Clean Energy Alliance
• Rates set competitive to SDG&E
• Goal to achieve 2% savings on generation related costs • Rates must be sufficient to cover CEA operations costs • Conservative approach to administration & overhead
• Priority - Financial Reserves & Long-Term Financial Stability r, - ",, ·----- L_ I::. ,:....:., l ...,:
... ' t:.NERGY
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Benefits of Joining CEA
• Local Control
• San Clemente vvould appoint Counci!mernbers to serve as Board ~-/lernber and Alternate
• Cleaner Energy
• CEA's minimum renewable = 50%
• SDG&E minimum renewable = 31 %
• Per 2020 Power Content Labei (2021 not yet available) • Rates competitive to SDG&E
• Net Revenues for local programs
G I h. b i d d. . b . ,. , f. C LE A N
• oa to ac 1eve a1ance 1stn ution ot prograrr1 oene· 1ts commensurat£t: ('l i= -r--:,~ ... y with Member Agency% of load c~r-. ~
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Benefits of Joinin·g CEA
• Cost Effective Option to Bring CCE to San Clemente
• San Clemente pays its share of Implementation Plan costs - not to exceed $50,000
• Reimbursable within 3 years of CEA serving customers in San Clemente • Split with Oceanside & Vista ( ~$17,000 per agency)
• No requirement for Member Agencies to provide any other contributions or payments to support CEA operations
• Achievement of Climate Action Plan goals
• CARE/FERA discounts remain in effect - no change r L,-,.., ,:-..: \.._., "-,""""\. I '.J [=NERGY
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Benefits of Jo:ining CEA
• Personal Impact Net Energy Metering Program
• Credits Accrued and Charges Incurred based on CEA rates • At end of 12-month relevant period if system generation exceeds usage - CEA Net Surplus Compensation - $.06/kVVh paid to customer • SDG&E rates fluctuates - rates May 2021 - July 2022
• Low of $.02261 July 2021 - High of $.05652 January 2022 • Customers continue to apply through SDG&E for interconnection • CEA customers remain eligible for energy efficiency incentive programs offered by SDG&E
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Average Bill Comparison - today's rates
and projected exit re.es -
City of San Clemente
-. ,, I,
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Residential; DR
• Generation
Clean Impact Plus/Green Impact
Premium
SDG&EPCIA+FFS-2022 Vintage
Generation Related Costs
SDG&E Delivery
Total Average Monthly Bill
Average 396 kWh Usage
$SavingstoSDG&E
% Savings to SDG&E:

SDG&E
31%
Renewable
$ 60.94
$ - $ -
$ 60.94
$ 89.32
$ 150.27

CEA CEA
CEA Clean Impact Green
50% Plus Impact
Renewable 75%Carbon 100%
Clean Impact Free Renewable
$ 44.85 $ 44.85 $ 44.85
$ - $ 0.40 $ 2.97
$ 11.90 $ 11.90 $ 11.90
$ 56.74 $ 57.14 $ 59.71
$ 89.32 $ 89.32 $ 89.32
$ 146.07 $ 146.47 $ 149.04
$ (4.20) $ (3.80) $
-2.53%
(1.23)
-2.80% -0.82%
Generation - Electricity Portion
PCIA- Power Charge
Indifference Adjustment "Exit
Fees" charged by SDG&E to CCE
customers based on electricity
usage; anticipated to be in effect
up to 20 years
Delivery- Charged by SDG&E for
delivery; same charge for SDG&E
or CCE customers
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RATE SAVINGS ARE NOT GUARANTEED; THIS COMPARISON IS BASED ON TODAY'S RATES AND RATES FOR 2024 ARE STILL UNKNOWN. THIS COMPARISON CAN, AND WILL, CHANGE 12 ~
Tim·eli·ne
ACTiVITY . -::.I Tlr;,,~ING
Assessment Report Results to CEA·Board
San Clemente - Resolution to Join CEA and 1st Reading of Ordinance to Establish a CCA
--~-~ _I
CEA - Resolution , pproving San Clemente joining CEA/Direct preparation·· of.

Implementation Plan Amendment
San Clemente - 2nd Reading of Ordinance --Ordinance Effective 30 days after 2nd Reading -
San Clemente Board Memb-er Seated on CEA Board
Draft Implementation Plan Amendment to CEA Board
File Implementation Plan Amendment
CPUC Certification
San Clemente Included in Year~ Ahead Resource Adequacy Filing ~ Customer Outreach/Marketing
Customer Noticing of Automatic Enrollment
Customers Enrolled in CEA
.July 19, 2022
July 28, 2022
August 2022
1-\fter Ordinance Effective Date
October 27, 2022
December 31, 2022
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13 7-19-22 / 8A-105
ATTACHMENT 5
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DATE:

TO:

FROM:

ITEM 10:

Staff Report
May 26, 2022
Clean Energy Alliance Board of Directors
Barbara Boswell, Chief Executive Officer
Receive Update and Assessment Report Related to the cities of Oceanside, San Clemente, and Vista Joining Clean Energy Alliance

RECOMMENDATION
Receive update and assessment report related to the cities of Oceanside, San Clemente and Vista joining Clean Energy Alliance.

BACKGROUND AND DISCUSSION
Clean Energy Alliance's New Member Addition Policy states the Board will consider adding new agencies under the following conditions :

1. The analysis of the proposed member usage data results in a positive feasibility study using CEA's financial proforma model;

2. The addition of the new member does not create an undue risk or financial burden to CEA;

3. Does not create an undue risk to the achievement of the goals of CEA, including the achievement of the Climate Action Plan goals of the current Members.

In order to analyze the financial impact of Oceanside, San Clemente, and Vista (Cities) joining CEA for purposes of complying with condition 1 above, CEA received the 2021 usage data for the three cities.

The electric usage was analyzed and input into CEA's current financial proforma model, using current approved customer rates and updated energy costs, the results of which have been summarized in the attached Assessment Report.
7-19-22 I BA-106
Customer Information
ATTACHMENT 5
May 26, 2022
Assessment Report

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San Clemente City CouncilJuly 19, 2022

San Clemente City Council
July 19, 2022