San Clemente City Council
July 19, 2022

o Adopt and provide an annual Expenditure Report to OCTA within six months of end of fiscal year (due by December 31 , 2022).
o Adopt and maintain a Local Signal Synchronization Plan (LSSP) every three years. Staff submitted an updated plan in FY 21/22, therefore the next submittal is not due until FY 24/25.
o Satisfy Maintenance of Effort (MOE) requirements.
o Agree to expend all Local Fair Share revenues received through Renewed Measure M within three years of receipt.
o Participate in traffic forum (City Staff has participated in various working group sessions hosted by OCTA).
o Establish a policy which requires new development to pay its fair share of transportation related improvements associated with their new development. The City's Regional Circulation Financing & Phasing Program (RCFPP) fulfills this requirement.
"' Provide OCTA with a Project Final Report within six months following completion of a project funded with net revenues.
o Agree that Net Revenues shall not be used to supplant developer funding. o Consider, as part of eligible jurisdiction's General Plan, land use and planning strategies that accommodate transit and non-motorized transportation. The General Plan update included policies and language that encourage and facilitate transit and non-motorized transportation options.
o Comply with the conditions and requirements of the Orange County Congestion Management Program (CMP). The City is required comply with the County's CMP such as traffic level of service (LOS).

Staff has prepared the necessary submittal documents to satisfy the requirements and demonstrate eligibility for receiving Measure M2 funds.

Action: STAFF RECOMMENDS THAT the City Council:

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

2. Authorize the Public Works Director/ City Engineer to submit Measure M2 funding eligibility requirements on behalf of the City of San Clemente to the Orange County Transportation Authority.
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Agenda Report Page 3
Attachment: Seven-Year CIP Program
Notification: None
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Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: July 19, 2022
Beaches, Parks & Recreation
Samantha Wylie, Beaches, Parks & Recreation Director
Agenda Item
Approvals:

City Manager
Dept. Head
Attorney
Finance

MURAL ON PUBLIC PROPERTY- NORTH BEACH CONCESSION/RESTROOM BUILDING 4N
Fiscal Impact: Yes. If approved, Public Works would need to apply an anti-graffiti and UV sealant every two years at an estimated cost of $750 per occurrence.

Summary: Staff, the Beaches, Parks and Recreation Commission, and the Design Review Subcommittee recommend the City Council approve a request to install a mural on the south side of the concession/restroom building located at North Beach proposed by San Clemente Sunrise Rotary and the San Clemente High School Interact Club.

Background: In 2017, the City Council approved the Artwork on Public Property procedure. This policy allows for individuals or organizations to apply to create and establish artwork on public property by goi.ng through a formal review process. This includes review by the Design Review Subcommittee and Beaches, Parks and Recreation Commission, ending with City Council approval and acceptance.

For many years, a mural was featured on the North Beach concession/restroom building depicting "Character Counts" messaging with a surf theme. This mural was designed and executed by the San Clemente Sunrise Rotary Club ("Rotary Club") and the San Clemente High School Interact Club ("Interact Club") in 2000-2001. See Exhibit 1 below. Due to the continued dilapidation of the North Beach concession building, in early 2017 the mural was removed to allow for critical repairs to be performed.

Exhibit A. Previous "Character
Counts Mural': installed 2000-01.

Beaches, Parks and Recreation Agenda Report
7-19-22/4N-1
Agenda Report Page 2
In June 2022, the Beaches, Parks & Recreation Department received a public art application to re-establish the "Character Counts" mural at North Beach (Attachment 1 ). The mural request consists of a painted mural on the south wall of the North Beach concession building.

A public notice was posted on the proposed mural site on June 9, 2022. No comments from the public have been received at the time of report preparation.

The proposed mural was reviewed by the Beaches, Parks and Recreation Commission at its June 14, 2022 meeting and the Design Review Subcommittee at its June 15, 2022 meeting. Both groups recommended the City Council approve the proposed mural.

Discussion: The proposed mural seeks to replace the previous mural on the concession building.

Plan & Policy
The Rotary Club has been working with the Interact Club, SCHS Advanced Placement Art student Estella Olivares, and local professional artist, Josh Paskowitz, to prepare a new mural design that captures the essence of the previous mural while providing an update and modern appearance. The final installation of the mural will be completed by the students with support from the professional artist and members of the Rotary Club.

The applicant has submitted an in-concept design that will include youth surfers of varying ages holding surfboards that depict each of the pillars of the "Character Counts" program (Attachment 2). The final work product will be full-color utilizing similar color tones to the previous mural. Additionally, the mural will include the SCHS Triton logo, honoring the Interact Club's contribution, and the Rotary Club logo in the lower right corner, not to exceed 12" x 12", respectively.

The Rotary Club and the Interact Club have expressed an interest in beginning work on the mural before the July 4th holiday weekend to expedite the installation ahead of the peak summer season. The approved public art process dictates a public notice be posted on the mural site for 30 days. A public notice was posted on June 9, 2022, making a waiver of this requirement necessary to facilitate the applicant's timeline.

Staff recommends accommodating this request and can make all necessary site preparations within this timeframe.

Consistency: The project is consistent with related General Plan policies as shown in the table below.

Policy Project Consistency
UD-1.02 Design of Public Plazas and Consistent. The project proposes a Spaces. "We require public plazas and painted mural in a public space, spaces to be designed for safety, comfort, adding public art consistent with the convenience and universal accessibility. policy.

They should be we/I-defined by
surrounding buildings, located near the
7-19-22 / 4N-2
Agenda Report
Recommended
public street for good visibility and
convenience and incorporate amenities
such as seating, distinctive focal points,
public art, shade trees and/or eating and
entertainment facilities."

Action: STAFF, THE BEACHES, PARKS AND RECREATION COMMISSION, AND THE DESIGN REVIEW SUBCOMMITTEE RECOMMEND THAT the City Council
1) Waive the 30-day public notice posting requirement to facilitate an expedited mural installation process; and
2) Approve the "Character Counts" mural proposed by the San Clemente Sunrise Rotary and San Clemente High School Interact Club to be installed on the south wall of the North Beach concession and restroom building.

Attachments: 1. Application for Art on City-Owned Property

2. Proposed Conceptual Artwork
Notification: San Clemente Sunrise Rotary
7-19-22 I 4N-3
City of San Clemente
Beaches, Parks and Recreation Department
100 N. Calle Seville, San Clemente, California 92672
Phone: (949) 361-8264 I Fax: (949) 361-8280

ART ON CITY-OWNED PROPERTY

PROCEDURE & APPLICATION
An important source of public art is that which is privately funded, but located in a public place. Usually, such works are commissioned by an irndividual, a group of individuals, a non-profit organization or a business or corporation. All interested parties must proceed through the following process.

SUBMITTAL OF PROPOSAL
All proposals for privately funded public art placed on City property must be submitted by using the Art on City-Owned Property Application. The form must be accompanied by drawings, models, photographs or any other graphic depiction that will help to clearly define the artwork. All proposals must be for original works of art and refrain from the use of any copyrighted or trademarked images. Applications should be submitted to the Recreation Division with attention the Recreation Manager.

EVALUATION & APPROVAL OF PROPOSAL
Evaluation Process
Once the proposal is received by the Recreation Manager, it will be reviewed within 4-6 weeks. The Manager will evaluate the project based on the guidelines below and may make suggestions for improvements before proceeding. forward through the remainder of the process.

Evaluation Guidelines
Project concepts will be evaluated based on, but not limited to, the following criteria:
• Understanding of the work that may be required by the City (ie. possible preparation of site) • Evaluation of artistic excellence related to the art theme and concept • Appropriateness of scale, form, material, content and design relative to the site • Relationship to the social, cultural and/or historical identity of the site • Compatibility and enhancement of the surrounding community • Appropriateness of proposed materials in regards to structural and surface integrity, public safety, potential weathering, and its protection against vandalism • Ease of long-term maintenance
• Any relevant experience in working on comparable projects • Projects proposed for areas of high historical sensitivity, such as the Ole Hanson Beach Club and surrounding area, should be given the closest possible scrutiny to determine if the project would be an enhancement to the area
Approval Process
Once a privately funded project is recommended for placement on City-owned property, it will be reviewed by the City departments and advisory bodies listed below. The Recreation Manager acts as the project manager for all projects and is responsible for guiding the requesting agent/agency through the following approval stages.

1. Recreation Manager receives and reviews the proposed project to assure that it complies with the preliminary guidelines listed above.

2. Public Works Director or his/her designee reviews the proposal to assure:

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City of San Clemente I Art on City-Owned Property
a. that the artwork's placement will not create undue difficulties for maintenance of the surrounding area, and
b. that the proposed materials are durable and will not create significant maintenance problems for the artwork itself.

3. Public Notice is displayed at the site being requested. The notice will remain in effect for 30 days, affording the general community and surrounding neighborhood an opportunity to understand the project that is being considered. Notice will also be delivered through the press media, City social media networks, and by display on the City website.

4. Design Review Subcommittee reviews the proposal to assure that it abides by any possible architectural overlays or other related restrictions that maybe affected by the project.

5. Beaches, Parks and Recreation Commission reviews and provides recommendation to Council on how to proceed.

6. City Council makes additional recommendations and/or approves the concept and authorizes execution of the project.

Appeal Process
If the proposal is rejected at any stage, the requesting agent or agency has the right to appeal this decision to the City Council. The findings and rationale for rejecting the project will be made available to the Council when considering the appeal.

LABELING OF ARTWORK
Standard Plaque
The donor is directed to purchase and install a plaque for the artwork or the Recreation Manager may seek approval from Council to use public funds for the plaque. If the donor wishes to purchase and install the plaque, the following standard format must be used:
• Title of artwork
• Artist's name
• Date of completion
• Material(s) used (optional)
• Short explanation of work ( optional)
Deviation from Standard Plaque
• All requests to deviate from the standard plaque are made to the Recreation Manager.

FINAL ACCEPTANCE
Maintenance. The Recreation Manager provides the Public Works Department with a Public Art Maintenance Record fotm. See details regarding routine maintenance and scheduling in the section of this document titled 'Maintenance and Repair', this includes estimated lifespan of artwork.

Inspection and Acceptance. All donated projects on public property must have final inspection approval by the City's Public Works Department and the Recreation Manager. A formal letter of acceptance will be completed and delivered.

Ownership. Upon completion, the artwork becomes the property of the City of San Clemente. See details regarding routine maintenance and scheduling in the section of this document titled 'City's Right of Ownership'.

DEDICATION OF ARTWORK
Once installation is complete, the Recreation Division organizes a dedication ceremony that formally presents the piece to the community, recognizing the artistic efforts of the artist and/or organization(s).

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City of San Clemente I Art on City-Owned Property

INSURANCE REQUIREMENTS
The City's Risk Manager will be consulted to determine the appropriate type and level of insurance that may be required to carry by an artist during the time the artwork is being installed.

Once artwork is formally accepted, the City assumes responsibility and liability for the art and insurance will not be required.

AGREEMENT/CONTRACT PREPARATION
Upon conceptual approval of the project by the City Council, the artist and/or requesting organization and the City will sign a contract establishing the terms of the proposed installation of public art in the designated public place. This contract will define responsibilities of both parties and will include insurance requirements, terms of installation, and other terms as may be deemed necessary through legal review. This contract can vary based on each individual project that is proposed and approved.

MAINTENANCE AND REPAIRS
Like all City facilities, public art requires maintenance and occasional repairs. The City's guidelines encourage artwork requiring "little or no maintenance", however artwork will vary in the amount of maintenance required, resistance to vandalism, and ease of repair. Maintenance shall be comprised of the following:
• Maintenance Record Form
It is essential that the artist and the City be clear about maintenance expectations from project initiation. Prior to final acceptance of the artwork, the Recreation Manager ensures that the artist has completed a Public Art Maintenance Record Form. The original copy of the form is kept by the Recreation Manager and a copy is forwarded to the Public Works Departmenr. • Maintenance Responsibility
The Public Works Department is responsible for maintaining City facilities, and this includes all City-owned public art. A list that identifies which Public Works Department division is responsible for the maintenance of a particular piece of public art is available from the City's Public Art Manager.
• Types of Maintenance. The City is responsible for:
o Routine Maintenance. Such maintenance may include trash and graffiti removal, cleaning, waxing, and/or minor landscaping. Frequency will vary by type of artwork, but bi-weekly or monthly checks by maintenance staff during the normal course of their rounds would be typical.
o Cyclical Maintenance. Cyclical maintenance is done at regular, but much less frequent intervals. It involves more extensive treatment such as inspection and surface applications of protective coatings (e.g. repainting). Because this work could significantly affect the appearance and longevity of the artwork, it may require special knowledge or skills. Before proceeding with the work, staff should either:
■ Consult the artwork's Maintenance Record Form for specific procedures, or ■ Consult the artist or other art professional on use of cleaning compounds, paints, solvents, and surface coatings.
o Repair and Restoration. This involves the treatment of damaged or deteriorated artworks to return them to as close to their original appearance as possible. Extreme care must be used to maintain the artistic integrity of the artwork. The repairs must preserve the artist's intent in both design and materials. In many cases, such repairs require the involvement of the original artist, or if that is not possible, an art conservator trained in art restoration.

Again, the artwork's Maintenance Record Form, prepared by the artist prior to final City acceptance of the artwork, gives some guidance on this issue. In many cases restoration Version 10/27/2017 Page 3 of 4
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City of San Clemente I Art on City-Owned Property
to original condition is not practical or achievable. The City will take the best possible care to maintain the artistic integrity of artwork.

CITY'S RIGHT OF OWNERSHIP
Upon completion of artwork, the City assumes complete ownership of artwork installed in or around City owned properties. The City may adhere to the following standards:
• Relocation, Alteration or Removal
Over time City-owned artworks may need to be relocated, altered, or removed from public display.

Reasons for such changes could be as follows:
o significant changes occur in the design or function of the site or facility where the artwork is located;
o to avoid damage to the artwork, e.g. during construction activities or as a result of vandalism, war or civil unrest, natural disasters, and environmental pollution; o to allow repairs or restoration that could not be effectively done in place; o supporting structure is no longer in fair condition, is deemed unsafe, and/or will require repairs beyond normal wear and tear; or
o to improve public health, safety or welfare.

As necessary as removal or relocation may seem, it should be undertaken only after careful consideration. Artworks are usually created for a specific location, and changes may not be consistent with either the City's or the artist's original intent. To ensure that all parties' needs and rights are considered, City Manager approval must be secured for the relocation, alteration, or removal of permanent, city-owned artworks.

Contract language on relocation, alteration or removal ensures that:
o The artist's contract clearly acknowledges the City's rights to relocate, alter or remove the artwork, with or without special conditions requiring written notice to the artist, prior artist permission, arbitration in the event of a dispute, or other provisions; o The City has the permanent addresses and phone numbers of the artist and/or organization of at least one responsible party who can be contacted regarding relocation, alteration or removal. It is the responsibility of the artist to keep this information current. • Approximate Lifespan
The lifespan of artwork can vary based on original application and unforeseen maintenance challenges. It is estimated that the approximate lifespan for coastal zone locations is 10 years and the approximate lifespan for inland location is 15 years.

Please retain this packet of information for your records throughout the art planning process.

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City of San Cl'emente
Beaches, Parks and Recreation Department
100 N. Calle Seville, San Clemente, California 92672
Phone: (949) 361 -8264 I Fax: (949) 361-8280

ART ON CITY-OWNED PROPERTY APPLICATION
Please review the procedure guidelines before completing this application. The donor/owner must complete and sign this application form. If the donor/owner is not the artist who created the artwork, the artist must also sign this Application below. In order to process your application as quickly as possible, the application must be submitted to the Recreation Division in complete form. Incomplete applications will be delayed in the review process and are grounds for denial.

APPLICANT INFORMATION
Donor/Organization Name: San Clemente Sunrise Rotary
Primary Contact: Sally Guan I Phone: I
E-mail Address:

Mailing Address:

Non-Profit ID#: 61-1952119 I SC Business License#: I 19454

ARTWORK INFORMATION
Title of Artwork: Character Counts
Artist Name/Company: Stella Olivares*SCHS & Joshua Paskowitz*Muralist E-mail Address: I Phone: I
Mailing Address: TBD
Proposed Location: North Beach; south exterior wall of restroom & concession stand Description of Work: A multicultural mural depicts the heart and soul of San Clemente's (Attach additional youthful beach vibe demonstrating Character Counts in San Clemente. drawings, models, Six pillars of character are ethical values that transcends all photographs or other socioeconomic, cultural + religious differences. The playful boardwal'k graphic depiction scene is a regular at our beaches as free-spirited youth eagerly celebrate which will help more surf-life in our coastal community. A strategically placed board adds life to clearly define the the mural and wi ll serve as backdrop for photo-op by locals and tourists artwork) alike.

Goal of the
A timeless mural at N. beach is iconic to our culture in San Clemente+ N. artwork/significance to beach. A mural depicting our town where Character Counts will create the community: synergy in our community + bring a nostalgic past to the present+ beyond Materials/Medium: outdoor water/weatherproof acrylic la~ Dimensions: lapprox 25' w X 15' h Appraised Value: TBD
Is the artwork commissioned? □ Yes ■ No I 1s the artwork donated? I ■ Yes □ No If commissioned, please provide the artist's SC Business License#: I City of San Clemente Art on City-Owned Property Application Pg. 1 of 2 7-19-22 I 4N-8
{

ACKNOWLEDGEMENT OF APPLICATION AND EXPECTATIONS
By signing this Application below and in consideration for participating in the City's Art on City-Owned Pmperty program, the. artist/owner acknowledges and understands that upon completion and installation of the artwork, and upon its acceptance by the City Council, the work shall become the property of the City of the San Clemente. The City retains the right to remove or relocate the artwork in its sole discretion as the interest of the public welfare, health and safety may require.

If the artwork is damaged, defaced, altered or destroyed by human acts or by acts of nature, the City retains the right to remove,. restore, repair or replace the artwork at arny time in keeping with the artist's original design intent, without consulting the artist, or his or her heirs or assigns. The City will make reasonable efforts to contact the artist, or if unavailable, another design professional, to advise or assist in any restoration work.
owner / sponsor I have read, understand and accept the terms herein and represent that I am the _________ _ of the artwork whiclh is the subject of this Application. (owner, artist, or owner/artist) Sally Guan / San Clemente Sunris~
Print Name
j~rµLmv
Signature
6/13/2022
Date
I have read, understand' and accept the terms herein and represent that I am the _________ _ of the artwork which is the subject of this Appl ication. (owner, artist, or owner/artist) Print Name Signature Date
Please make a copy of the application for yourself, prior to submitting it to the Recreation Division. Your application will be circulated to all additional approval bodies and required City departments.

SUBMISSION CHE-CKLIST
□ Application
□ Copy of City of San Clemente Business license (plus, artist's if applicable) □ Photo of proposed location
□ Design Concept & Drawings
Please submit this application to the City of San Clemente Recreation Division by email at [email protected] or mail to 100 N. Calle Seville, San Clemente 92672. For questions, please contact Recreation at (949) 361-8264.

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Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: July 19, 2022
Community Development
Jack Holden, Building Official
Agenda Item
Approvals:

City Manager
Dept. Head
Attorney
Finance J --ILAPPROVAL OF FIRST AMENDMENT TO CONTRACT: 4LEAF CONSULTANTS FOR AS-NEEDED BUILDING PERMIT TECHNICIAN SERVICES.

Fiscal Impact: Yes. There is sufficient funding in the approved Building Division FY 2022-2023 Budget (account 001-421 -43890) to cover the cost of the contract increase.

Summary: Staff is requesting approval of the First Amendment to the Professional Services Agreement with 4Leaf, Inc. for as-needed permit technician services. The purpose of this amendment is to provide a contract permit technician to help the Building Division keep up with increasing permit applications.

Background: During Covid, the Building Division changed the permit application process from paper only to electronic submittals. This resulted in significantly more applications being submitted with less staff available to process them, causing a backlog.

On February 24, 2022, the City Manager approved the 4Leaf Contract with a maximum of $50,000 to provide a contract permit technician to help with processing permits. Having that extra person, helped the Building Division catchup completely on processing applications.

When the City Council approved the 2022-2023 Fiscal Budget, $75,000 was budgeted to provide contract permit technician services. To maintain normal service levels through the next fiscal year, the Building Division is requesting City Council approval to apply the budgeted funds to the contract. That would increase the maximum amount of this contract from $50,000 to $125,000, an increase of $75,000. The current term of the contract is June 30, 2023. This amendment would extend the contract end date to June 30, 2025.

Discussion: This contract provides an extra permit technician to help the Building Division maintain normal service levels in processing applications and issuing permits.

Recommended
Action: STAFF RECOMMENDS THAT the City Council

1. Approve, and authorize the City Manager to execute Amendment No. 1 to Contract AC-1038, by and between the City of San Clemente and 4Leaf Inc, Consultants, providing as-needed permit technician services. This amendment increases the contract amount to $125,000. An increase of $75,000. It extends the contract end date to June 30, 2025.

Community Development Agenda Report
7-1 9-22 / 40-1
Agenda Report
Attachments:

1. First Amendment to the Professional Services Agreement with 4Leaf, Inc. (Contract AC-1038).

2. Professional Services Agreement with 4Leaf, Inc. (Contract AC-1038).

Notification: None.
7-19-22 / 40-2

FIRST AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT FOR

ON-CALL (AS-NEEDED) PERMIT TECHNICIAN SERVICES
ATTACHMENT 1
This First Amendment to the Professional Services Agreement for on-call (as-needed) permit technician services is made and entered into on this __ day of ___ , 2022, by and between the CITY OF SAN CLEMENTE, a California municipal corporation ("City''), and 4LEAF, Inc. ("Contractor").

A. City and Contractor entered into that certain Professional Services Agreement for on-call (as-needed) pennit technician services (the "Original Agreement") on February 24, 2022.

B. City and Contractor desire to amend the Agreement i..n the manner provided herein below.

COVE NAN TS:

Article 3 .1 of the Agreement is hereby amended by increasing the not to exceed compensation amount from Fifty Thousand ($50,000) to One Hundred Twenty Five Thousand ($125,000).

Article 3. l of the Agreement is hereby amended by extending the tenn of the Agreement to June 30, 2025.

Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect.
7-19-22 / 40-3
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be duly executed on the respective dates set fo1ih opposite their signatures.

ATTEST:

CITY CLERK 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")
By: - - ------- - ----
Its: -,---------''------- - --
Dat~d: _ ________ , 20 __
7-1 9-22 / 40-4
(

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE .

ATTACHMENT 2
. This Agreement is made ~nd entered in~o this 24 day ofl:e\x:vat9 , 20~. 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 4LEAF, INC., with its principal place of business at 5140 Birch Street, 2nd Floor, Newport Beach, CA 92660 ("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 Permit Technician and Building Division 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 Permit Technician and Building Division 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 Permit Technician and Building Depa1tment consulting services for the Building Department project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 . General Scope of Se1vices. 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 permit technician and building division 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, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from February 10, 2022 to June 30, 2023, 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 Responsibi lities 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 7-19-22 I 40-5
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 Endorsement on PS&E/ Other Data. Consultant shall sign -all plans, specifications, estimates (PS&E) and engineering data furnished by Consultant, and where appropriate will indicate Consultant's authorized signature and professional registration number.

3.2.4 Conformance to Applicable Requirements. All work prepared by Consultant 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: [Kevin J. Duggan, President].

3.2.6 City's Representative. The City hereby designates Jack Holden, Building Official, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the 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 Representative. Consultant hereby designates Kevin J. Duggan, President or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and 7-19-22/40-6
act on behalf of the Consultant 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 skilled 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, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, 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 herein. 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 completion of the Project, a threat to the safety of persons or property, or any employee who fails.or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.10 Laws and 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 law. Consultant shall 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. Consultant 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 protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders; bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.12 Insurance. Consultant agrees to procure and maintain, at Consultant's expense all insurance specified in Exhibit "C" attached hereto and by this reference incorporated herein. 7-19-22 I 40-7
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 Fifty Thousand Dollars ($50,000) 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 submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of 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 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.

3.3.4 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 anticipate 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 Requirements.

3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code S~ction 1720, et seq .. and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and ''maintenance" projects. "If' the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, ancj "If'' the total compensation is $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 project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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 7-19-22 / 40 -8
Department 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 Inspection. Consultant shall maintain complete and accurate records 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 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 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 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

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

Consultant: 4LEAF, Inc.
5140 Birch Street, 2nd Floor
Newport Beach, CA 92660
ATTN: Kevin J. Duggan, President
7-19-22/40-9
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Jack Holden, Building Official
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 & Data: Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, Lise, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by 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 the 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 informati on ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify 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 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 7-1 9-22 I 40-10
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, its 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 agents 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 fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, 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 Civil 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 willful 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 Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

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

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

3.5. 10 City's Right to Employ other Consultants. City reserves right to employ other consultants in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
7-19-22 I 40-11

3.5.12 Assignment 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 Construction: References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.

All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and v~lunteers except as otherwise specified in this Agreement.

The captions of th·e various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.14 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

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

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

3.5.18 Prohibited Interests. 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 violation of this warranty, Clty shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his pr her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 Equal Opportunity Employment. 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 nondiscrimination shall include, but not be limited to, all activities related to 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 Certification. 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 7-19-22 / 40-12
(
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 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
7-19-22 / 40-13
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

Cl
San Clemente, California
APPROVED AS TO FORM:

S BEST & KRIE ER
APPROVED A rCABILITY
OF FUND! /
Finan

CITYOFSZW
By: /4_
lts: ____ C._t~_-1_· _ ~ __ 1,.. _Cr'vi ___ _ _
Da 2,, ( 'ba.. , 2 0 ?,,~. ted:
4LEAF, Inc.
- rcoNSULTANr) _,/ / J,t'1\
By: -J ~ U iu'.1----~-.......

Kevin Dugg,ay\
Its: President
Dated: February 14 , 201L
7-19-22 I 40-14
EXHIBIT "A"

SCOPE OF SERVICES
Building Department Services
4LEAF has a proven track record of providing Permit Technician/Counter staff to Jurisdictions. The 4LEAF pool of talented professionals includes qualified and experienced permit technicians capable of providing all permit processing and counter services. 4LEAF can deploy such staff on short notice and offer training programs for department staff, if required.

Our staff encompasses the right combination of experience, education, and certifications. 4LEAF Permit Technician Staff must be experienced and dedicated to serving the public at the Pla nning and Building Department counter.

Typical duties Include:
► Accepting plans for plan check
► Verification that plans are accurate and complete
► Calculating permit fees
► Explaining ordinances and procedures to owners, contractors, developers, architects, and general p_ublic
► Assisting with preparation of permit applications
► Receiving plans for Planning and Building permits and route to various agencies (if requested) ► Accepting complaints on code violations, process, and record complaints ► Answering phone calls for field and office staff
► Processing inspection requests
► Maintaining files for building permits
► Operating the Building Department's computerized Information syst em ► Inputting a variety of information, including building permits and inspections ► Completing related duties and responsibilit ies as assigned by Building Official and Senior st aff members
Plan Review Services
4LEAF will provide Plan Review for any type of structure to ensure compliance with all adopted codes, local ordinances (including Tier 1 of Cal Green, if required) and State and federal laws that pertain to Building and Safety, and for compliance with t he adopted International Code Council (ICC} Building, Plumbing, Electrical, Mechanical, National Fire Protection codes and standards, and the Accessibility and Noise and· Energy Conservation requirements as mandated by the State of California Title 24, State of California Water Efficient Landscape Ordinance, t he State of California Certified Access Specialist (CASp) compliance, and all other applicable ordinances. The types of projects we provide these services for include Single-Family Dwellings, large Multi-Family Mixed-Use Dwelling Units, Commercial, and Industrial. 7-19-22 / 40-15
Approach
We understand that the specific building plan review responsibilities will include, but are not limited to:
► Examining plans, drawings, specifications, computations documents, soils reports, and additional data;
► Ascertaining whether projects are in accordance with applicable building and fire codes, and City ordinances, including but not limited to Tit le 24 and Title 25; • Performing such reviews as structural, MEP, green building, fire and life safety, grading and drainage; • Reviewing plans to ensure conformity to the required strengths, stresses, strains, loads, and stability as per t he applicable laws;
• Reviewing plans t o ensure conformity with use and occupancy classification, general building heights and areas, types of construction, fire resistance construction and protection systems, means of egress, accessibility, structural design, soils anq foundations; and masonry; • Providing additional plan review services as requested by the City; • Conducting all plan review at the City Department or at a site mutually agreed upon in writing and; • Supplying all plan review staff with all code books and other basic professional references.

On- and Off-Site Review
4LEAF can supply Registered Professional Engineers to the City to work on-site performing structural plan review and non-structural reviews at the jurisdiction's discretion. Our experience includes checking for compliance with
t he structural, life-safety, accessibility, plumbing, mechanical, electrical, fire, and local codes/ordinances. 7-19-22 I 40-16
EXHIBIT"B"

SCHEDULE OF SERVICES
Services to be provided as needed
7-19-22 I 40-17

3.2.12 Insurance.

EXHIBIT "C"

INSURANCE REQUIREMENTS

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 subconsultant has secured all insurance required under this section.

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

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:
(A) Commercial General Liability:
7-19-22 I 40-1 8
(
(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 perfo"rmance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercfal 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 s_hall be allowed for non-payment of premium. (8) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been 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 includ.e contractual liability applicable to this Agreement. The policy must "pay on behalf of' the insured and include a provision establishing the insurer's duty to defend.

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

3.2. 12.7 Waiver of Subrogation. All policies of Commercial General 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, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.2.12.8 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. 7-19-22 / 40-19
I
I
-l

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.

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

3.2.12.11 Acceptability of Insurers. Each such policy shall be froni 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 Enforcement of Agreement Provisions (non estoppel}. Consultant acknowledges and agrees that actual or alleged failu re on the part of the City to inform Consultant of noncompliance 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 requirement, or a waiver of any coverage normally provided by any insurance.

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 un_der 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 l nsurance 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 volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant's compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City. 7-19-22 I 40-20
(
EXHIBIT "D"

COMPENSATION
2022-2023 FEE SCHEDULE & BASIS OF CHARGES
All Rates are Subject to Basis of Charges
PL;\N RE\ 1E\\' COST STRUC.,71.JRE NOTES
Plan Review Percentage: 70% Fee Includes:

Hourly Plan Review: $125 Non-Structural Review
$150 Structural Review
► Initial review and two (2) rechecks. Hourly
charges apply after three (3) or more
rechecks.
► Shipping, courier, and electronic service.

Building & Fire
Permit Manager .................................................................................................................................. $95/hour Senior Permit Technician .................................................................................................................... $80/hour Permit Technician ............................................................................................................................... $70/hour Clerk/ Admi nlstrator ....... , .................................................................................................................... $65/hour Chief Building Official ..................... : ............................................... : ................................................... $150/hour Senior Combination Building Inspector (Building Inspector Ill) ......................................................... $125/hour Commercial Building Inspector (Building Inspector II) ................................ : ................ ..................... $115/hour Residential Building Inspector (Building Inspector l) .......................................................................... $95/hour Civil Plan Review (Grading, Improvement Plans) ............................................................................... $170/hour Structural Pian Review Engineer ........................................................................................................ $150/hour Non-Structural Plans Examiner .......................................................................................................... $125/hour Certified Access Specialist (CASp) ....................................................................................................... $160/hour Fire Prevention Officer ................................................................................. : .................................... $150/hour Fire Protection Engineer (FPE) ....................................................................................... , .................... $180/hour Fire Plans Examiner ............................................................................................................................ $150/hour Fire Inspector ll ................................................................................................................ , .................. $125/hour Fire Inspector l. ................................................................................................................................... $115/hour Inspector of Record ......................................................................................... ................................... $140/hour Public Works inspector ....................................................................................................................... $147 /hour DSA Class 1 / OSHPD A Inspector .-...................................................................................................... $155/hour DSA Class 2 / OSHPD B Inspector ....................................................................................................... $115/hour DSA Class 3 / OSHPD C lnspector ........................................................................................................ $105/hour GoFormz Software .................................................................................................................. $SO/user monthly Hourly overtime charge per inspector ...................................................................................... 1.5 x hourly rate Mileage (for inspections performed within the City) .................................................................. IRS Rate + 20% 7-19-22 / 40-21
Project Management
Project Manager Contract
PM ................................................................................................................................... $195/hour Principal-lncharge ... ................................. , .. , ...................................................................................... $255/hou r

BASIS OF CHARGES - BUILDING & FIRE
Rates are inclusive of "tools of the trade" such as forms, telephones, and consumables. • All Invoicing will be submitted monthly.
• Staff Augmentation work (excluding plan review) is subject to 4-hour minimum charges unless stated otherwise. Services billed in 4-hour Increments. • Most plan reviews will be done in 10 business days or less and 5 business days or less for rechecks. This is not inclusive of holidays or the day of the pick-up of plans. • Expedited reviews will be billed at 1.Sx the plan review fee listed in the fee schedule. Return time wtll be within seven (7) days of receipt of the plans from the City. • Plan review of deferred submittals & revisions will be billed at the hourly rates listed. • All plan review services will be subject to a $250.00 minimum fee if percentage-based fee or two (2) hour minimum charge if hourly rates apply.
• Larger complex plan reviews can be negotiated to achieve the best possible pricing. 4LEAF has a proven track record of working wit h municipalities to provide expedited reviews with discounted pricing when applicable.
• 4LEAF assumes that these rates reflect the 2022-2023 contract period. 3% escalation for FY2023-2024 and FY2024-2025 is negotiable per market conditions. • Overtime and Premium time will be charged as follows:

Regular time (work begun after 5AM or before 4PM)
Nighttime (work begun after 4PM or before 5AM}
Overtime (over 8-hour M-F or Saturdays)
Overtime (over 8 hours Sat or 1st 8-hour Sun)
Overtime (aver 8 hours Sun _or Holidays)
1 x hourly rate

1.125 x hourly rate

1.5 x hourly rate
2 x hourly rate
3 x hourly rate
·• Overtime will only be billed with prior authorization of the Director or other designated City personnel.
• All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate.
• Mileage driven during t he course of Inspections will be charged at cost plus 20%. • Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest cha rge. • Client shall pay attorneys' fees, or other costs incurred in collecting delinquent amounts. • Client agrees that 4LEAF's liability will be limited to the value of services provided. 55452.01100\31193624.5
7-19-22 I 40-22
(

WORKER'S COMPENSATION 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)
n
□
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 Redwood Fire & Casualty
Policy Number FOWC216539
I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker's compensation Insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.

WARNING: FAILURE TO SECURE WORKERS' COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENAL TIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.
55452.01100\31193624,5
7-19-22 I 40-23
Datecl: February ·14
By:
4LEAF, Inc.

Consultant
/ ./'r \ ~ • ····--{ ) . ·'I () l..
f< vi'n Duggan/(
President
Title
2126 Rheem Dr.,
Pleasanton CA 94588
Acldress
55452.01 '!00\31193624.5
(
, 2022
7-1 9-22 I 40-24
~ .).. . . :..,
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4t.,;:ov.~~

AGENDA REPORT

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

City Manager €,$ Jf>
Dept. Head ;:v--,-
Attorney CT
Finance ~
---------------------------
Department:

Prepared By:

Subject:

Public Works / Engineering Division
Belgin Cuhadaroglu, Associate Civil Engineer

ACCEPTANCE AND NOTICE OF COMPLETION FOR THE SHORECLIFFS GOLF COURSE STORM DRAIN REPAIR, GIP PROJECT No. 12609
Fiscal Impact: Yes. The estimated total construction cost of $128,406 is within the approved construction budget of $139,253 from the Storm Drain Depreciation Reserve Fund.

Summary: Acceptance and Notice of Completion for Cheloletty Engineering for completion of contract work for the Shorecliffs Golf Course Storm Drain Repair, located north of Avenida Vaquero. Refer to Attachment 1 for Location Map and Attachment 2 for Notice of Completion.

Background: On February 15, 2022, City Council awarded a construction contract to Cheloletty Engineering to repair the broken and disjointed storm drain pipe at the Shorecliffs Golf Course and approved the Shorecliffs Golf Course Storm Drain Easement Agreement including the Grant of Easement (Attachments 3 and 4). The project consisted of repairing the broken storm drain pipe, constructing a new manhole, lining existing 21-inch corrugated metal pipe (CMP) and 27-inch reinforced concrete pipe (RCP) to extend their service lives.

Recommended
A summary of the total construction expenditures is provided below:

Construction Management, Inspection
and Materials testing
Construction
Total Project Construction cost
$25,500
102 906
$128,406
Action: STAFF RECOMMENDS THAT the City Council:

1. Accept the Shorecliffs Golf Course Storm Drain Repair located north of Avenida Vaquero, CIP Project No. 12609, from Cheloletty Engineering;

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the Shorecliffs Golf Course Storm Drain Repair, located north of Avenida Vaquero, CIP Project No. 12609; and Public Works Agenda Report
7- 19-22 I 4P-1
Agenda Report Page 2

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

Attachments: 1 . Location Map

2. Notice of Completion

3. Staff Report Dated February 15, 2022 (without attachments)

4. Recorded Easement Agreement
Notification: None.
s:\cd\engi neering\secure\admin\2022\ 7-19\ 7r\agendareport.docx 7-19-22 / 4P-2
City of San Clemente
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316
~-=-=-=-=-=_::;-, ~
Shorecliffs Golf Course
Storm Drain Repair
PN 12609
7-19-22 I 4P-3
Mi.

Recording Requested By:

City of San Clemente
When Recorded, Mail To:

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

Space above this line is for Recorder's Use Only

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

1. Project title or description of work: Shorecliffs Golf Course Storm Drain Repair, Project No. 12609

2. Date of completion: June 7, 2022

3. Street address or legal description of the project site: Shorecliffs Golf Course, 501 Ave Vaquero, San Clemente, CA 92672

4. Name of owner. City of San Clemente

5. Interest or estate of owner. Utility Easement

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

7. Name and address of contractor. Cheloletty Engineering, 17931 Lincoln St. , Villa Park, CA 92861
I am the Public Works Director/City Engineer for the City of San Clemente, a Municipal Corporation, the owner of the indicated interest or estate in the property described above.

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

Executed on ____________ in San Clemente, California.

Kiel Koger, Public Works Director/City Engineer
City of San Clemente
7-19-22 / 4P-4
(
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: February 15, 2022
Public Works/ Engineering Division
Amir K. lli<hanipour, Senior Civil Engineer
Attachment 3
Agenda Item \Q ~- Approvals:

City Manager ~ ,j,,5
Dept. Head ,;r;-.,..---
Allorney C1
Finance.----rt72.--,

CONSTRUCTION CONTRACT AWARD TO CHELOLETTY ENGINEERING FOR THE SHORECLIFFS GOLF COURSE STORM DRAIN REPAIR, PROJECT No. 12609 Fiscal Impact: Yes. The estimated total construction cost of $139,253 is within the approved project budget of $158,433 available from the Shorecliffs Golf Course Storm Drain Repair, CIP Project No, 12609.

Summary: Staff recommends approval of a construction contract with Cheloletty Engineering in the amount of $99,453.20 for the Shorecliffs Golf Course Storm Drain Repair.

Background: In 201 8, the Shorecliffs Golf Course (SGC) staff contacted the City regarding a broken/disjointed storm drain pipe within the golf course at the toe of the slope, below the properties at 740 and 800 Camino de Los Mares, as shown on Attachment 2. This breakage is within the SGC property. The City currently has a 15-foot longitudinal storm drain easement between 7 40 and 800 Camino de Los Mares properties on top of the slope, terminating at the back of these lots.

City staff, the City Attorney and SGC have been negotiating the City's acceptance and easement for the storm drain from the private properties within the golf course to the connection with Prima Deshecha Canada Flood Control Channel (MO1 ). The storm drain conveys storm water from Los Mares to MO1 where it is ultimately discharged at Poche Beach.

A bid package for the Shorecliffs Golf Course Storm Drain Repair was advertised for competitive bidding on the PlanetBids website. Seven bids were received on January 13, 2022, ranging from $99,453 to $330,460, as shown on Attachment 3. The lowest responsive bidder was Cheloletty Engineering of Villa Park, California at $99,453.20. Based on the low bid, construction costs are estimated as follows:

Construction Contract
Construction Management, Administration
Soil testing and Inspection
Project Contingency (20%)
Total Estimated Construction Costs
Public Works Agenda Report
$99,453
20,000
19,800
$139,253
2-15-22 / 6F - 1
7-19-22 / 4P-5
Agenda Report
Recommended

As required by City Policy and State Law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 4). Project plans and specifications are on file in the City Clerk's office.

Action: Staff Recommends That the City Council:

1. Accept the Storm Drain Easement from GC 8, LLC, for the Shorecliffs Golf Course Storm Drain Repair and authorize the Utilities Director to execute the Shorecliffs Golf Course Storm Drain Easement Agreement and Grant of Easement;

2. Authorize the City Clerk to submit the Shorecliffs Golf Course Storm Drain Easement Agreement and Grant of Easement to the Orange County Recorder for recordation;

3. Approve the Plans and Specifications for the Shorecliffs Golf Course Stam, Drain Repair, Project No, 12609; and

4. Approve and authorize the Public Works Director to execute Contract No. ___ , by and between the City of San Clemente and Cheloletty Engineering, in the amount of $99,453.20, for the Shorecliffs Golf Course Storm Drain Repair, Project No, 12609.

Attachments: 1.

2. 3.

4. 5.

Location Map
Damaged pipe location
Grant of Easement
Bidders' List
Contract
Notification: None.
s:\cd\engineeringlsecure\admln\202212-1512-15-22-2r.docx 2-15-22 / 6F - 2
7-19-22 I 4P-6

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

CITY OF SAN CLEMENTE
910 Calle Negocio, Suite 100
Saa Clemente, CA 92672
Attn: Utilities Director
Attachment 4 ' lJ\\Q
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
IIIIII IIIIIIII Ill lllllllll lllll 111111111111111 illll lllllHll l~lll lll illl NO FEE * $ R O O 1 3 7 2 9 3 7 4 $ *
2022000179647 3:33 pm 05/12/22
376 405 E01 26

0.00 0.00 0.00 0.00 75.00 0.00 0.000.000.00 0.00
(SPACE A!!IOVE IBIS LINE FOR RECORDER'S USE)
This Agreement is recorded at U,e request and for the
benefit of the City of San Clemente and is exempt from the payment of a recording fee pursuant lo Government Code
§ 27383.

THE CITY OF SAN CLEMENTE
By:_~ Its: t.?:TILI c)""(:.To(Z. I 0,..\JI{) @ct-lS~Rf
Dated: 0AY 4 ' , 2022
SH0RECLIFFS GOLF COURSE STORM DRAIN EASEMENT_.AGREEM:llliI.AtID GRANT OF EASEMENT •
THIS EASEMENT AGREEMENT AND GRANT OF EASEMENT (the "Agreement") is made and entered into by aad betweea the C~Y OF SAN CLEMENTE ("Grantee") and GC8, LLC, a California Limited Liability Company and the owner of Shorecliffs Golf Course (''Grantor").

RECITALS
A. City is a municipal corporation with general police powers to protect the public • health, safety, aad welfare within the geographical limits of San Clemente. Pursuant to this general police power, City is authorized to accept the dedication of stonn drain easements and to construct, repair, maintaia and operate public storm drain improvements.

B. Grantor is the owner of the Shorecliffs Golf Course which a portion of it is geaerally located north of Avenjda Vaquero and east of Camino de Los Mares as legally 55452.01 I 00133166282.9
7-19-22/4P-7
described in Exhibit "A" and as depicted in Exhibit "A-1." In particular, a portion of this part of the Shorecliffs Golf Course is bordered by two residential properties at 740 and 800 Camino de Los Mares, San Clemente ("Adjacent Property and/or Adjacent Properties") on the west side.

C. Grantor's Adjacent Property owner at 800 Camino de Los Mares, Mr. Jacques Garnier, notified the Grantee in or around May 2017 of a damaged storm drain pipeline (''Damaged Pipeline") at the rear of his property and the bottom of a slope within the Shorecliffs Golf Course property. Within the last decade, Grantor has performed repairs on the damaged area of the storm drain. Said Damaged Pipeline and related improvements are not located within a dedicated public easement and are not owned by Grantee, and Grantee contends that it does not currently have any obligation for maintenance and/or repair of such improvements. The Grantee contends that presently it possesses no obl_igations of maintenance and/or repair or any duty with respect to the Damaged Pipeline. Grantor is willing to provide Grantee access through a portion of the Shorecliffs Golf Course property in order for Grantee to repair and/or replace the Damaged Pipeline with a new storm drain pipe (the "New Storm Drain Improvements") and to facilitate access to the New Storm Drain Improvements for ongoing maintenance, repair and operation. Grantor is also willing to dedicate to Grantee and its successors a storm drain easement for construction, repair, maintenance and operation of the remaining existing storm drain within Grantor's property. This easement shall be 15-feet wide and centered on the existing storm drain extending from the City's current public storm drain easement, located between the Adjacent Properties, to the M0-1 box culvert traversing the Shorecli:ffs Golf Course Property as legally described in Exhibit "B" and depicted in Exhibit "B-1" hereto, incorporated herein (collectively the "Easement Area"). The dedication of the Easement Area shall be a condition of this Agreement so that Grantee can repair, maintain and operate the New Storm -2-
55452.01100\33166282.9
7-19-22 I 4P-8
Drain Improvements and the remaining existing storm drain facility as collectively hereinafter referred to as "Stonn Drain Facility".

COVENANTS:

In consideration of the foregoing Recitals, and the covenants, conditions, and promises contained herein, the parties hereto agree as follows:

SECTION 1. Grant of Easement and Obligations of the Parties.

1.1 Grantor is willing to convey and, upon satisfaction of the conditions set forth in this Agreement, Grantee agrees to accept a non-exclusive easement over the Easement Area for storm drain purposes over, under, and across within the Easement Area. The effective date of Grantee's acceptance of Grantor's request of dedication shall be the date that the Agreement is fully executed.

1.2 The Grantee shall repair and/or replace the Storm Drain Facility, including the Damaged Pipeline, in accordance with Grantee standards and at Grantee's own means and methods, at no cost to Grantor. If Grantee's means and methods for repair, construction, maintenance and operation require the Shorecliffs Golf Course to modify, occasionally and temporarily, its golf course operations in the vicinity of the Easement Area, Grantor shall do so at no cost to Grantee. Grantee shall provide at least two months advanced notice in writing to Grantor prior to commencing work on the New Storm Drain Improvements and shall provide as much advance notice as possible pnor to commencing any non-emergency repairs and maintenance activities. However, during emergency situations, as determined at sole distraction of the Grantee, Grantee can immediately deploy its forces to the Easement Area for any repair, construction and maintenance activities, and Grantee shall only send an email to the Shorecliffs Golf Course Manager requesting golf operations be temporarily modified/halted in the vicinity of -3-
55452.0 I I 00\33166282.9
7-19-22 I 4P-9
the Easement Area in order to allow the emergency work to be undertaken safely and to ensure ( the safety of golfers traveling near the Easement Area, Anytime Grantee commences work within the Easement Area, the work shall be done as expeditiously as feasible and shall be diligently pursued until complete in order to minimize the amount of time golf operations are disrupted.

1.3 After Grantee accepts Grantor's offer of dedication of the Easement Area, Grantor shall not use the Easement Area in a manner inconsistent with Grantee's rights set forth in this Agreement. In this regard, Grantor is expressly prohibited from adding, installing, or constructing to the surface or subsurface of the Easement Area any hardscape ( other than a cart path and any replacement of existing waterlines). Grantor may add landscaping to the Easement Area that will not damage or jeopardize the Storm Drain Facility or materially impair Grantee's ability to obtain access thereto ( e.g., new large trees shall be prohibited). If Grantee uses the Easement Area to maintain or repair the New Storm Drain Improvements associated with this Agreement, Grantee shall restore or repair any authorized improvements within the Easement Area damaged in connection with the work.

1.4 Except as set forth in this Section 1.4, as part of the New Storm Drain Irnprovements construction, no slope restoration whether surficial and/or major restoration shall be performed by Grantee. The Parties hereby agree that Grantee's New Storm Drain Improvements construction may include the following:
(a) Installation of a manhole near the toe of the slope for access purposes at the angle joint between the connection of the reinforced concrete pipe and corrugated metal pipe.
-4-
55452.01100\33166282.9
7-19-22 I 4P-10
(b) Replacement of approximately IO feet of pipeline in the golf course adjacent to the new manhole.
(c) The manhole will allow for proper video inspection of the pipelines in the golf course and on the slope. If the video inspection reveals a need to rehabilitate the pipelines, a liner will be installed by Grantee at the conclusion of the repair work construction or in the future if needed.

1.5 Grantee shall not allow any liens to be placed on Grantor's property by vendors or contractors of Grantee.

SECTION 2. Ingress / Egress Rights and Indemnification.

2.1 Grantor hereby grants the Grantee, including any of its officers, employees, agents and contractors, Ingress I Egress rights over and across a portion of the Shorecliffs Golf Course described in Exhibit "A," via the routes generally shown in Exhibit "C," so Grantee can perform those repairs to the Damaged Pipeline identified in this Agreement. Grantor similarly grants the Grantee the right to do all those acts necessary within the Easement Area and a staging/construction work area next to the Easement Area (also as generally shown in Exhibit "C") to complete the New Storm Drain Improvements. The Ingress/ Egress rights over and across a portion of the Shorecliffs Golf Course east of A venida Vaquero shall continue and be in effect in perpetuity for construction, repair, maintenance and operation of the Storm Drain Facility.

2.2 To the fullest extent permitted by law, Grantor shall defend (at Grantor's sole cost and expense with legal counsel reasonably acceptable to Grantee), indemnify, protect, and hold hannless Grantee, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, -5-
55452.0 11 00\33 166282.9
7-19-22 / 4P-11
judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses ( including legal costs and attorney fees ( collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Grantor's employees included), for damage to property, including property owned by Grantee, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of Grantor, its officers, directors, employees or agents in connection with or arising out of this Agreement.

2.3 To the fullest extent permitted by law, Grantee shall defend (at Grantee's sole cost and expense with legal counsel reasonably acceptable to Grantor), indemnify, protect, and hold harmless Grantor, its officers, directors, employees, and agents ( collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Grantee's employees included), for damage to property, including property owned by Grantor, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of Grantee, its officers, directors, employees or agents in connection with or arising out of this Agreement.

SECTION 3. Miscellaneous.

3.1 In the event of any legal action on a dispute arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses and costs, including reasonable attorneys' fees and expert witness fees, whether or not the action proceeds to a final judgment.
-6-
55452.01100\33166282.9
7-19-22 I 4P-12

3.2 Each of the persons executing this Agreement hereby represents and warrants that be or she is authorized to execute this Agreement and to enter into this Agreement.

3.3 This Agreement shall in all respects be interpreted, enforced, and governed exclusively by and under the laws of the State of California.

3.4 Each party hereto has had the opportunity to seek the advice of counsel and qualified experts, including but not limited to, engineers and geologists, concerning this Agreement. The Agreement is to be deemed as to have been jointly prepared by all of the parties hereto, and any uncertainty or ambiguity existing herein shall not be interpreted against any party on the ground that it was the drafter.

3.5 This Agreement contains the entire understanding of the parties with respect to the subject matter herein. There are no representations, covenants, or understandings other than those expressed or referred to herein. Each party to this Agreement acknowledges that no other party or agent or attorney of any other party has made any promise, representation, or warranty, expressed or implied or statutory, not contained or referred to herein concerning the subject matter of the Agreement; and each party acknowledges that it has not executed this Agreement in reliance upon any promise, representation, or warranty not specifically contained or referred to herein. No amendment or addition to this Agreement shall be valid unless such amendment or addition is in writing and signed by all parties hereto.

3.6 This Agreement may be signed in counterparts and may be signed in multiple originals so that each of the parties hereto shall have an original signed document and each shall be deemed an original. Each party hereto warrants that he, she, or it will and do hereby agree to sign any and all further documents or instruments necessary to implement the terms of this Agreement.
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7-19-22 I 4P-13

3.7 Notwithstanding any other provision set forth in this Agreement, Grantee's obligation to accept Grantor's offer of dedication of the Easement Area and Ingress / Ingress rights, Grantee's obligation to repair, maintain and operate the New Storm Drain Improvements, and the Storm Drain Facility, and all of the parties' other obligations herein are expressly contingent upon Grantor's full acceptance of the conditions in this Agreement.

3.8 This Agreement in all respects has been voluntarily and knowingly executed by the parties hereto. Grantor represents that he has carefully read and fully understands all provisions of this Agreement, and that he is voluntarily entering into this Agreement. Grantor has been advised and represented by legal counsel in this matter and has consulted with his counsel prior to executing this Agreement.

3.9 All provisions of this Agreement shall be specifically enforceable by any party.

3.10 No portion of this Agreement is severable from the rest of this Agreement. Every duty under this Agreement must be performed as stated herein. 3 .11 Construction of Agreement. The language in all parts of this Agreement shall be in all cases construed simply according to its fair meaning and not strictly for or against any of the Parties hereto. Headings at the beginning of Articles, Sections and Subsections of this Agreement are solely for the convenience of the Parties and are not a part of this Agreement. .

When required by the context, whenever the singular number is used in this Agreement, the same shall include the plural, and the plural shall include the singular, the masculine gender shall include the feminine and neuter genders, and vice versa. All references herein to a "Party" or "Parties" shall mean a Party or the Parties to this Agreement. The terms "hereof," "hereto," "hereunder," "hereby" and similar terms refer to this Agreement generally, rather than to the specific Section or Subsection in which such term is used. No failure of any Party to exercise -8-
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any right or power given such Patty hereunder or to insist upon strict compliance by another Party with its obligations hereunder shall constitute a waiver of any Party's right to demand strict compliance with the terms of this Agreement. This Agreement shall not be construed to create an association, joint venture or partnership relationship among the Parties hereto or to impose upon either Party any fiduciary, trust or agency obligation or relationship.

3.12 Waiver. The waiver by any Party of a breach of any provision of this Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach whether of the same or of another provision hereof
IN WITNESS WHEREOF the undersigned have executed this Agreement as of the dates set forth below.

CITY OF SAN CLEMENTE
By ~
Its: UTjt.lT/fD Olf~ti~, DA\/1Q R~ i
Dated: t--1A '-' 4 , 202Z_
(Continues On Following Page)
-9-
55452.01100\33166282.9
7-19-22 I 4P-15
q ·- ('"3 ~ 2 0 2 1 DATED: __________ _

ST ATE OF CALIFORNIA )
GC- , LLC, A California Limi ed Liability Company.

Fah Sean Leong, Managing Member by James B.

Co elan POA/ AIF (POA/ AIF attached as Exhibit "D") ·I

ACCEPTANCE
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
THIS IS TO CERTIFY that the interest in real property conveyed by the deed or grant dated M,~ l\, 1..Jfl./2- from GC-8, LLC, a California Limited Liability Company, t~ CITY OF SAN CLEMENTE, a municipal corporation, is hereby accepted by order of the City Council on R..lo~ \ S 1 ::Lo1..'Land Grantee consents to recordation thereof by its duly authorized officer.

Dated: S I q \ tt?
By:
-10-
55452.0 1100\33166282.9
.
u~\S l%.\{
~l{\st-YZ4/
of San Clemente
7-19-22 I 4P-16

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

STATE OF-=C=a=lif"""o"'-rn=ia'---___________ n
COUNTY OF -=O"'-ra=n=g=e ___________ _
On May 9, 2022 before me, Megan Jimenez, Deputy City Clerk (Date) (Name and title of the officer)
personally appeared David Rebensdorf, Utilities Director , (Name of person s1gmnf/i who proved to me on the basis of satisfactory evidence to be the person whose name~ is/ere subscribed to the within instrument and acknowledged to me that he.<&l:!o,<U'ley execute the same in hislfle1,i11,en authorized capacity8~. and that by hlstl:lefftheit signature'8') on the Instrument the person(.$1, or the entity upon behalf of which the personjs'} acted, executed the instrument.

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

WITNESS my hand and official seal.
(Seal)
Rev. 01/01/2015
7-19-22 / 4P-17
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EXHIBIT "A-1"
Depiction of Portion of Shorecliffs Golf Course
-13-
55452.01100\331 66282.9
7-19-22 I 4P-19
EXHIBIT 118 "

LEGAL DESCRIPTION
APN 680-011-68
St!EET t OF 2
TtJAT PORTION OF lHE RANCHO BOCA DE LA PlAYA. IN THE CITY OF SAN CLEMENTE, COUNTY OF ORANGE. STATE OF CALIFORNIA, FILED IN BOOK 344. PAGE 7 OF TRACT MAPS, RECORDS OF LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS.

A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE;
COMMENCING FROM A POINT AT THE SOUTHEAST CORNER OF LOT 38, AS SHOWN ON TRACT MAP 5654; FILED IN BOOK 215, PAGE 36-41 OF TRACT MAPS, RECORDS OF ORANGE COUNTY; SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 71"55'52" EAST 61.08 FEET, THENCE SOUTH 67"57'31" EAST 87.14 FEET; THENCE SOUTH 42~09•23• EAST 48.49 FEET TO THE CENTERLINE OF AN EXISTING CUL VERT EASEMENT AND THE POINT Of ENDING.

All AS SHOWN ON THE ATTACHED EXHIBIT "8-1" AND BY TH'5 REFERENCE MADE A PART HEREOF.

SUBJECT TO COVENANTS. CONDITIONS. RESERVATIONS, RESTRICTIONS. RIGHTS OF WAY AND EASEMENTS OF RECORD, IF ANY.

CONTAINING 2952 SQUARE FEET, MORE OR LESS.
-14-
55452.01100\33166282.9
Legal Description prepared by
or under the supeivision of:
~~ Eric W. Metz. LS. 9198
7-19-22 I 4P-20
I
,,--.. -

I ---- -----
o""NJ \;
----
---
EXHIBIT "B-1"
Depiction of Storm Drain Easement
EXHIBIT 8-1 SftEE1 2 OF 2

PLAT TO ACCOMPANY LEGAL DESCRIPTION
I
-....__..__,
I
I
,
I
I I

PORTION OF RANCHO BOCA OE LA PLA YA/
APN 680-011-68
I I
I I
I
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/ OF EXIS'ilNG

EASHIENT
FOR CUlVERl t
I
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9ID~VEYING
n>n w.1U11Uf!ll 111a11t,
Ull,llllltU_,fl'I CA •U.H
55452.01100133166282.9
I
I

I GOLF COURSE
BASIS OF BEARING LEGEND HIE SOUTHERl Y LINE OF LOT 38
IIAV!IIG A 8EAR!flG OF NORTti EASEMENT LINE
7'"55"52" WEST PER (R1) ---- LOf l!NE
l'!E LINE
REFERENCES I .M lRACTM>\PS
(RI) TR,\CT MA? 5854. SF SQUARE FEET BK215,PG 30-41 , T.M APN ASSESSOR"S.

AREA SUMMARY PARCH ~UMBER

I POB TRUE POINT OF
TOTAL EASEl,IEN, AREA" 2952: S.F 8 EGl~INING

EASEMENT
CITY OF SAN CLEMENTE. COUNTY OF

ORANGE, CALIFORNIA
-15-
OAlE. ~/1212 I
ORN BY. Jl
DES.BY CO
CHK ev Et.I
7-19-22 I 4P-21
EXHIBIT "C"
Depiction of Access Routes to St01m Drain Easement and Staging Area Storm Drain Access
-16- 55452.01100\33166282.9
7-19-22 I 4P-22
55452.01100\33166282.9
EXHIBIT "D"
(Power of Attorney for James B. Copelan)
(Begins on Following Page)
-17-
7-19-22 I 4P-23

CALIFORNIA UNIFORMSTATUTORYDURABLEPOWEROF ATTORNEY
(California Probate Code Section .4401)
NOTICE: THE POWERS GRANTED BY Tms DOCUMENT ARE BROAD AND SWEEPING.

THEY ARE EXPLAINED IN THE UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT (CALIFORNIA PROBATE CODE SECTIONS 4400-4465). IF YOU HA VE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. TIDS DOCUMENT DOES

NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THJS POWER OF ATTORNEY IF YOU LATER WISH TO DO so.

I, FAH SEAN LEONG;
INDIVIDUALLY, AND/OR JOINT TRANSACTIONS AND/ORADMINIS1RA TION AND/OR OPERA TIO NS AND/OR AS TRUSTEE OF 1HE SUNFLOWER IRREVOCABLE 1RUST, AND/OR AS TRUSTEE OF THE FON N. LEONG AND RUTH L. S.L. LEONG TRUST, AND/OR ASTRUSTEE OF 1HE LONE STAR IRREVOCABLE TRUST AND/OR AS PRINCIPAL, MAJORl1Y SHAREHOLDER, MANAGING PARTNER, PAR1NER, MANAGING ME:rvIBER, AGENT, AND/OR REPRESENTATIVE OFGC-8,

LLC, GC-S (JOINT VENTURE), LHC INVESTMENTS, LLC, LEONG, LLC, SAN CLEMENTE BEACH COUNTRY CLUB, INC., AND/OR SHORECLIFFS GOLF COURSE, AND/OR SHORECLIFFS GOLF MANAGEMENT, INC.
~ 7 DAIBD: '/b{.s:/H
I, FAH SEAN LEON:

HEREBY INDIVIDUALLY, JOINTLY AND SEVERALLY appoint the
Hon. James B. Copelan (Ret.)as my (attorney-in-fact) to act for me in any lawful way with respect to the following:

TO GRANTALLOF1HE FOLLOWING POWERS:
(A) Real property transactions.
(B) Tangible personal property transactions.
(C) Stock and bond transactions.
(D) Commodity and option transactions.
(E) Banking and other financial institution transactions. (F) Business operating transactions.
(G) Insurance and annuity transactions.
(H) Estate, trust, and other beneficiary transactions.
(I) Claims and litigation.
(J) Personal and family maintenance.
(K) Benefits from Social Security, Medicare, Medicaid, or other governmental programs, or civil or military service.

FAH SEAN LEONG -JAMES B. COPELAN POWER OF ATTORNEY I !Page 7-19-22 I 4P-24
(L) Retirement plan transactions.
(M) Tax matters.

SPECIAL INSTRUCTIONS:

THIS DURABLE POWER OF ATTORNEY IS EFFECTIVE FOR INDIVIDUAL, AND/OR JOINT1RANSACTIONS AND/OR ADMINISTRATION AND/OR OPERATIONS AND/OR

AS TRUSTEE OF THE SUNFLOWER IRREVOCABLE TRUST, AND/OR AS TRUSTEE OF IBE FON N. LEONG AND RUTH L. S.L. LEONG TRUST, AND/OR AS TRUSTEE OF THE LONE STAR IRREVOCABLE 1RUST AND/OR AS PRINCIPAL, MAJORITY

SHAREHOLDER, MANAGING PARTNER, PARTNER, MANAGING MEMBER, AGENT, AND/OR REPRESENTATIVE OF GC-8, LLC, GC-8 (JOINT VENTURE), LHC

INVESTMENTS, LLC, LEONG, LLC, SAN CLEMENTE BEACH COUNTRY CLUB, INC., AND/OR SHORECLIFFS GOLF COURSE, AND/OR SHORECLIFFS GOLF MANAGEMENT, INC.

1. IBIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL REVOKED.

2. IBIS DURABLE POWER OF ATTORNEY SHALL CONTINUE TO BE EFFECTIVE EVEN THOUGH I BECOME INCAPACITATED.

I AGREE that any third party who receives a copy of this document may act under it. Revocation of this power of attorney is not effective as to a third party until the third party has actual know ledge of the revocation. I/WE agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney.

I, FAH SEAN LEONG;

INDIVIDUALLY, AND/OR JOINT TRANSACTIONS AND/OR ADMINISTRATION

AND/OR OPERATIONS AND/OR AS TRUSTEE OF THE SUNFLOWER IRREVOCABLE TRUST, AND/OR AS TRUSTEE OF THE FON N. LEONG AND RUTH L. S.L. LEONG TRUST, AND/OR ASTRUSTEE OF lHE LONE STAR IRREVOCABLE TRUST AND/OR AS PRINCIPAL, MAJORITY SHAREHOLDER, MANAGING PAR1NER, PARTNER, MANAGING MEMBER, AGENT, AND/OR REPRESENTATIVE OF GC-8, LLC, GC-8 (JOINT VENTURE), LHC INVESTMENTS, LLC, LEONG, LLC, SAN CLEMENTE BEACH COUNTRY CLUB, INC., AND/OR SHORECLIFFS GOLF COURSE, AND/OR SHORECLIFFS GOLF MANAGEMENT, INC.

DA TED: _ 8_,._/ S-_/_2-_I __

BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES .-.i~GENT.

HON.JAMESB.~et.),AGENT/ATT =-__,..b.,.,/ ~ ll-v- - 2-&2.-2- DATED: ~ - c,""-lc~ i
FAH SE N LEOi'IG -JAl'vlES B. COPELAN P . WEK OF ATT ORNEY 21 P agc 7-19-22 I 4P-25

NOTICE TO PERSON EXECUTING DURABLE POWER OF ATTORNEY
(California Probate Code Section 4128(a))
A durable power of attorney is an important legal document. By signing the durable power of attorney, you are authorizing another person to act for you, the principal. Before you sign this durable power of attorney, you should know these important facts:

Your agent (attorney-in-fact) has no duty to act unless you and your agent agree otherwise in writing.

This document gives your agent the powers to manage, dispose of, sell, and convey your real and personal property, and to use your property as security if your agent borrows money on your behalf. This document does rtot give your agent the power to accept or receive any of your property, in trust or otheiwise, as a gift, unless you specifically authorize the agent to accept or receive a gift.

Your agent will have the right to receive reasonable payment for services provided under this durable power of attorney unless you provide otheiwise in this power of attorney.

The powers you give your agent will continue to exist for your entire lifetime, unless you state that the durable power of attorney- will last for a shorter period of time or unless you otherwise terminate the durable power of attorney. The powers you give your agent in this durable power of attorney will continue to exist even if you can no longer make your own decisions respecting the management of your property.

You can amend or change this durable power of attorney only by executing a new durable power of attorney or by executing an amendment through the same fonnalities as an original. You have the right to revoke or terminate this durable power of attorney at any time, so long as you are competent.

This durable power of attorney must be dated and must be acknowledged before a notary public or signed by two witnesses. If it is signed by two witnesses, they must witness either (1) the signing of the power of attorney or (i) the principal's signing or acknowledgment of his or her signature. A durable power of attorney that may affect real property should be acknowledged before a notary public so that it may easily be recorded.

You should read this durable power of attorney carefully. When effective, this durable power of attorney will give your agent the right to deal with property that you now have or might acquire in the future. The durable power of attorney is important to you. If you do not understand the durable power of attorney, or any provision of it, then you should obtain the assistance of an attorney or other qualified person.

FAH SEAN LEONG-JAMES B. COPELAN POWER OF ATTORNEY 3 IP age 7-19-22 I 4P-26

NOTICE TO PERSON ACCEPTING THE APPOINTMENT AS ATTORNEY-IN-FACT By acting or agreeing to act as the agent (attorney-in-fact) under this power of attorney you assume the fiduciary and other legal responsibilities of an agent. These responsibilities include:

1. The legal duty to act solely in the interest of the principal and to avoid conflicts of interest.

2. The legal duty to keep the p1incipal's property separate and distinct from any other property owned or controlled by you.

You may not transfer the principal's prope1ty to yourself without full and adequate consideration or accept a gift of the principal's prope1ty unless this power of attorney specifically authorizes you to transfer property to yourself or accept a gift of the principal's property. If you transfer the principal's property to yourself without specific authorization in the power of attorney, you may be prosecuted for fraud and/or embezzlement. If the principal is 65 years of age or older at the time that the property is transferred to you without auth01ity, you may also be prosecuted for elder abuse under Penal Code Section 368. In addition to c1iminal prosecution, you may also be sued in civil court.

I have read the foregoing notice and I understand the legal and fiduciary duties that I assume by acting or agreeing to act as the agent (attorney-in-fact) under the tenns of this power of attorney.
.), AGENT/ATTORNEY-IN-FACT
4 -<5-1c-2.1 DATED: _________ _
FAH SF.AN LEONG -.lAi\.ffS B. COPELAN POWER OF ATTORNEY 4"-21 - ~4__
4 1P age
7-1 9-22 I 4P-27
- - ---- ---- ---------- --~
,A. NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE

VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE

DOCUMENT, TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, ORV ALIDITY OF THAT DOCUMENT.

STATE OF TEXAS

COUNTY OF
,,--;-
On 'D,. 5 2021, before me, m (?I'll a Notary Public, personally appeared FAH SEAN LEONG, who proved t me on t basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and ac owledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of Texas that the foregoing paragraphis true and correct.

WI1NESS my hand and official seal.

Notary Public Signature
FAH SEAN LEONG -JAMES B. COPELAN POWER OF ATTORNEY
,AMMY G HUDSON ~l
Notary ID #1318136
MY commission Expires
oeceml>er 3, 2022 •
Notary Pu~lic Seal
5IPage
7-19-22 I 4P-28

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE

VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE

DOCUMENT, TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, ORV ALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On ru,u,J- t,., , 2021, before me, ·Qo b.erJo(l,dr1v~ '2- , a Notary Public, personally appeared JAMES B. COPELAN who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and a ck.now ]edged to me that they executed the same in their authorized capacities, and that by their signatures on the instrnment the persons, or the entity upon behalf of which the persons acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of Texas that the foregoing paragraphis true and correct.

WITNESS my hand and official seal.

Notruy Public Signature
F.'\1-l SF:AN LF.ONG -J!\1vrES B. COPEf 1\N
~ • e e ee e e :f½ft:ft e, ROBERTO RODRIGUEZ :@~
~ ·• ":
':":; :·· _-·. NotaryPublic-CaHrornia
Los Angele~ County
~ ~
, .H Commission n21637S
My Comm, Expires Sep 30, 2021_
PLHVF.R OF 1\ TTORNF.Y
N otaiy Public Seal
hi Pa g e
7-19-22 I 4P-29
CALIFORNIA Al!.ll.-!PUIRIPOSE ACKNOWll.EDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Lu 'S P. ''J .4 f-' , )
On Ao9vs.J b, 1...0"- I before me, ·;2.,o b.ul.o ~Jr;9u.P4-, fjok,j j?_..\:,11(!, Date Here Insert Name and Title of the Officer
personally appeared _:L_ A~.,..~~- S __ ~_-_ _ e._6_,'ff _ _ /o- _n _________ ___ _ __ _ Name{s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to tlie within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
----- ----------OPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: _ _ _ _ ________ Document Date: _ ______ _ Number of Pages: Signer(s) Other Than Named Above: _ _ ____ _ ____ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ___ ________ _ Signer's Name: ___ ___ _____ _ □ Corporate Officer - Title(s): _ ___ __ _ D Corporate Officer - Title(s): ___ ___ _ D Partner - □ Limited □ General D Partner - rJ Limited [J General □ Individual I _J Attorney in Fact □ Individual C'l Attorney in Fact D Trustee O Guardian or Conse,vator □ Trustee fJ Guardian or Conservator Other: ___ _ _________ _ □ Other: _ _ _ __________ _
Signer Is Representing: ________ _ Signer Is Representing: ____ _ ___ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 7=l9-227 4P-30

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

STATE OF G_ !,1of"y'\ ~t'f
COUNTYOF_CJ-------'rA:;_:__~J-P--(! _______ _
onZ\Arr:f zozz, before me,Sf~e {)b~,.. ,"")er,Not~11t6f;c . (Date) (Name and Ulla of the officer) personally appeared %Mes D, ~ f ~ ( At"\ . ' _ . . (Name of person slgnln~ who proved to me on the basis of satisfactory evidence to be the person whose name~ is/9fe subscribed to the within instrument and acknowledged to me that he/~y execute the same in hls~ir authorized capacity~, and that by his~1r signature~ on the instrument the person~, or the entity upon behalf of which the person(,) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
(Seal)
'[)tJt~fl\er\1 r-;1fe.: c,.t;(e,,.-v,;"t Uvr~/Prrv1 ~AJLA-f",.1 {)I-, e.t;le Ti,..,e,. p-( A-florrte_ (
s' 1vi 1
1 ,{f J z
D~tetA Li ... Z\ -20-z. z I
Rev. 01/01/2015
7-19-22 / 4P-31
, r

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

STATEOF Cea.\,for";"'
couNTY oF or AA J e
On 2.\ Ar..-; t zozz_ before me, s-teve b~r l,v,ltr tl~4A( (Date) (Name and UUe of the officer
personally appeared J; f'\11(!$' 8 • .{op C f"' (\ ---· . , (Name of person slgnlnrtt
who proved to me on the basis of satisfactory evidence to be the person whose name~ Is/~ subscribed to the withi~ in§trument and acknowled~ed to me that he/~y execute the same in his/~ir authorized capacity~, and that by his/~r signature~ on the instrument the person~. or the entity upon behalf of which the person{.8') acted, executed the instrument.

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

Si111 ,-¥1 J ~ y
D°" -f et?{ 4 -- 2 ' ... 2o -z. ?.,
Rev. 01/01 /2015
STEVEOBERLANOER e '
COMM. #2288368 z
Notary Public • California ~
Orange County - Comm. Ex Ires June 9, 2023
(Seal)
7-19-22 / 4P-32
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: July 19, 2022
Public Works / Engineering
Kiel Koger, Public Works Director/City Engineer
Agenda Item 4 G
Approvals:

City Manager
Dept. Head
Attorney CT
Finance ~
,._

ACCEPTANCE AND NOTICE OF COMPLETION FOR THE EMERGENCY SHORING OF THE MARIPOSA BEA CH TRAIL PE DES TR/AN BRIDGE, C/P PROJECT No. 11810 Fiscal Impact: Yes. The total construction cost of $352,485 was within the approved construction budget from the Facilities Maintenance Reserve Fund (Account No. 014-811-45300- 11810).

Summary: Acceptance and Notice of Completion for Jilk Heavy Construction, lnc. for completion of construction contract for the Emergency Shoring of the Mariposa Beach Trail Pedestrian Bridge. Refer to Attachment 1 for Location Map and Attachment 2 for Notice of Completion. •
Background: On May 18, 2021 , the City Council awarded a construction contract to Jilk Heavy Construction, Inc. for the Emergency Shoring of the Mariposa Beach Trail Pedestrian Bridge. The work consisted of adding a temporary support system/shoring to include pipe columns, steel beams and wood bracing under various structural members of the bridge that had suffered severe corrosion in order to keep the bridge open to the public. Monthly inspections were also provided by the contractor as well as periodic inspections by the structural engineer.

Recommended
A summary of the total expenditures is provided below:

Construction (fabrication/installation of support structure) Engineering and Monthly Inspections
Total Project Cost
$295,215
57, 270
$352,485
Action: STAFF RECOMMENDS THAT the City Council:

1. Accept the Emergency Shoring of the Mariposa Beach Trail Pedestrian Bridge, CIP Project No. 11810, from Jilk Heavy Construction, Inc.;

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the Emergency Shoring of the Mariposa Beach Trail Pedestrian Bridge, CIP Project No. 1181 O; and
Public Works Agenda Report 7-19-22 I 4Q-1
Agenda Report Page 2

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

Attachments: 1. Location Map

2. Notice of Completion

3. Staff Report Dated May 18, 2021 (without attachments) Notification: None.
s:\cdlengineeringlsecure\admin\2022\ 7 -19\Br\agenda report.docx 7-19-22 I 4Q-2
f

NOTTO SCALE
\
PROJECT __ __,,

LOCATION
City of San Clemente
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel (949) 361- 6100
Fax (949) 361-6316
Attach

LOCATION MAP
Emergency Shoring of the Mariposa
Beach Trail Pedestrian Bridge
PN 11810
7-19-22 I 4Q-3
Attachment 2
Recording Requested By:

City of San Clemente
When Recorded, Mail To:

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

Space above this line is for Recorder's Use Only

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

1. Project title or description of work: Emergency Shoring of the Mariposa Beach Trail Pedestrian Bridge, CIP Project No. 11810.

2. Date of completion: June 15, 2022.

3. Street address or legal description of the project site: Mariposa Beach Trail Pedestrian Bridge.

4. Name of owner. City of San Clemente.

5. Interest or estate of owner. Public Facility; Owned in Fee.

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

7. Name and address of contractor. JILK Heavy Construction, Inc., 500 South Kraemer Blvd., Suite 380, Brea, CA 92821-6779.

I am the Interim Public Works Director for the City of San Clemente, a Municipal Corporation, the owner of the indicated interest or estate in the property described above.

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

Executed on _ _ _ _ _ _ ___ _ __ in San Clemente, California.

Kiel Koger, Public Works Director/ City Engineer
City of San Clemente
7-19-22 I 40-4
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Department:

Prepared By:

Subject:

Fiscal Impact:
• Summary:

Background:

Oiscussion:·

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: May 181 2021
Public Works/ Engineering Division
Ziad Y. Mazboudi, Deputy Public'Works Director
Attachme_Qt 3
Agenda Item U0_
Approvals:

City Manager 4'; ·$
Dept. Head ~
. Attorney __l_
Finance
RifTIFICATION OF EMERGENCY CONSTRUCTION CONTRACT WITH JtLK HEAVY CONSTRUCTION, INC. FOR EMERGENCY SHORING OF THE BEACH TRAIL BRIDGE, PROJECTNO.. 11.810.

Yes. The .emer.(lehcy contract i.s for an amount of $352,485 to Account No. 014- 811-4530-000-11810. The City previously buqgeted $3 million in. the Facilities Reserve Fund for .the replacement of the bridge. The emergency shoring will be paid usl'ng the ~Vall.able f~Inds for the replacement of the bridge . . A recent inspecli9n of the bridge resulted in the need for immediate shoring to maintain the structural inte.grity ,of the br[dge and to aJlow the bridge to remain open lo the public. Staff recommends the City Cou(lcil ratify the emergency contract ~pproveci by the City Msnager with Ji.lk Heavy Construction, Inc. to provide the required shoring.

The City retained· kPFf=' Consulting !=ngfneers to perform an alternatives ah·aIysis for the replacement of the ,pedestrian boardwalk bridge at Mariposa Polnt. The need to replace the b·ridge is driven by the City's desire to avoid .Costly and frequent bridge painting and repair that has been required over the br'ldge':s lifespan. The results of the bridge alternatives analysis was Pf(';Senfed to the City Council .on February 16, 2021. KPFF recomrnended replacing the existing bridge ·with a timber truss bridge with a launching system method of installation. The preliminary estimated cost for the timber bridge c:1lterr:iative is $4.5 million.

At ·the Feb·ruary 16, 2021 Council meeting, Council as'ked staff if the bridge replacement project c;:ould be delayed and asked staff to consider an c1l1Jrii}num bridge alternate.

Following the request .by Council if the bridge replacement can be delayed, staff arranged for a structural engineering company (Mark Thomas) to inspect the bridge and provide a response to the delay question. The result of the inspection was that various structural members of the bridge have suffered severe c9rrosion ahd th.at the bridge ml.lst be shored if it is to remain open to the public .
.. -·-···-· ... __ ,Public Works Agenda Report ·--···
5-1 8-21 / 6J-1
7-19-22 I 40-5
Age.nda Report
RecommendecJ

As a result of the findings above, staff requested a proposal from an expert contractor in brfdge shoring, .Jilk Heavy Construction, Inc., who built the second phase of the current bridge. The proposal is for $352,485. The proposal was revlewed by Mark Thomas and found it adequate as their estimate for the shoring is $300K-$500K. In order to protect public health and safety, staff recommends City Council ratify the emergency contract approved by the City Manager with Jilk Heavy Construction, Inc.

The results of the aluminum bridge option and accompanying budget will be presented to the City Council with the CIP budget deliberations in June 2021.

Action: STAFF RECOMMENDS THAT the City Council:
1, Make a finding that an emergency· existed due to the severe corrosion of structural members of the Mariposa Beach Trail Bridge, and that the situation required immediate action to prevent -or mitigate lmp2!Irment to property qf1d put;ilio seMces, that mi_ght othe.rwise occur if required to incur delays attributed to the typicai engineering design and public ·competitive bidding process;
2 . .Declare that the public interest and necessity demanded the immediate expendHure :of pubfi'c funds to safeguard public health; and j
\
/
' 3 .. Ratify the emergency contract apprpved by the City Manager with Jilk < Heavy Gonstructio•n1 f nc. in the ·amount o:f $352,485.

Attachments: Jifk Heavy Construction, Inc. Contract
Notificl!tipn: Non~.
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Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: July 19, 2022
Public Works / Engineering
Kiel Koger, Public Works Director/City Engineer
Agenda Item 4R
Approvals:

City Manager O J
Dept. Head ~
Attorney~
Finance-;;;tfµ--

ACCEPTANCE AND NOTICE OF COMPLETION FOR THE JIM JOHNSON MEMORIAL SPORTS PARK ERRANT BALL NETS PROJECT, CIP PROJECT No. 12108
Fiscal Impact: Yes. The total construction cost of $83,800 was within the approved construction budget of $89,320.

Summary: Acceptance and Notice of Completion for Judge Netting, Inc. for the completion of Jim Johnson Memorial Sports Park Errant Ball Nets Project. Refer to Attachment 1 for Location Map and Attachment 2 for Notice of Completion.

Background: On November 2, 2021, the City Council awarded a construction contract to Judge Netting, Inc. for the completion of Jim Johnson Memorial Sports Park Errant Ball Nets Project. The work consisted of installing twelve steel support poles with thirty-foot high nets along the south and east sides of the soccer field.

Recommended
Action: STAFF RECOMMENDS THAT the City Council:

1. Acceptthe Jim Johnson Memorial Sports Park Errant Ball Nets Project, CIP Project No. 12108, from Judge Netting, Inc.;

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the Jim Johnson Memorial Sports Park Errant Ball Nets Project, CIP Project No. 12108; and

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

Attachments: 1. Location Map

2. Notice of Completion

3. Staff Report Dated November 2, 2021 (without attachments) Notification: None
s:\cd\engineering\secure\admin\2022\7-19\1 1 r\agenda report .docx Public Works Agenda Report
7-19-22 / 4R-1
.____,,__,,___ PROJECT

LOCATION
14ARIJI.EJll!AD COASTAL
1 7-19-22 I 4R-2
Attachment 2
Recording Requested By:

City of San Clemente
When Recorded, Mail To:

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

Space above this line is for Recorder's Use Only

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

1. Project title or description of work: Jim Johnson Memorial Sports Park Errant Ball Nets Project, CIP Project No. 12108.

2. Date of completion: April 28, 2022.

3. Street address or legal description of the project site: Jim Johnson Memorial Sports Park - 450 West Avenida Vista Hermosa, San Clemente CA 92672

4. Name of owner. City of San Clemente.

5. Interest or estate of owner. Public Facility; Owned in Fee.

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

7. Name and address of contractor. Judge Netting, Inc., 11851 Westminster Avenue, Garden Grove, CA 92843.

I am the Interim Public Works Director for the City of San Clemente, a Municipal Corporation, the owner of the indicated interest or estate in the property described above.

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

Executed on in San Clemente, California. ------- - - --- Kiel Koger, Public Works Director/ City Engineer
City of San Clemente
7-19-22 / 4R-3

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: November 2, 2021
Attachment 3'F-_D Agenda Item I&
--~
Approvals:

City Manager ,t,S
Dept. Head . ;hJ,-,.-.. ..

Attorney ---
AAM,AWMM&@iP&tE!J!X&iGid&#iW?'fflMMS Ffi IC &iitiiJbi ri?tei&"4S iiWliiii!Pilkf± &1B:;nce • JJ?tDepartment:

Prepared By:

Subject:

Fiscal Impact:

Summary:

Background:

Public Works/ Maintenance Services
Randy Little, Maintenance Manager
CONSTRUCTION CONTRACT A WARD TO JUDGE NETTING INC. FOR FY 2022 JIM JOHNSON MEMORIAL SPORTS PARK ERRANT BALL NETS, C/P P ROJECT No. 12108.

Yes. The estimated total project cost of $89,320 is within the approved budget amount of $95,000 available from the FY 2022 Jim Johnson Memorial and Richard T. Steed Sports Park Errant Ball Nets, CIP Project No. 12108. The Richard T. Steed Park project will be completed at a later date.

Staff recommends that the City Council approve a construction contract with Judge Netting Inc. in an amount not to exceed $89,320 for the purpose of installing errant ball nets. •
Jim Johnson Memorial Sports Park, 450 West Avenida Vista Hermosa as shown on the location map (Attachment 1 ). The nets will be thirty feet high from top of sidewalk along the south and east sides of the field. The existing nets on the east side will also be replaced as part of this project. The twelve steel support poles will be buried approximately eight feet below ground along the existing concrete and steel fencing inside the park.

The project was advertised for competitive bidding through the PlanetBids website, with a bid closing date of October 21, 2021. The submitted bids for construction ranged from $81 ,200 to $199,550, as shown on Attachment 2. The lowest responsive bidder was Judge Netting Inc., of Costa Mesa, California, with a total bid of $81,200. Based on the low bid, project costs are estimated as follows:

Project Cost Summary
Construction Contract
Project Contingency (10%)
Estimated Total Project Cost
The current approved project budget available is $95,000 $81,200
8,120
$89,320
As required by City Policy and State Law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 3). Project plans and specifications are on file in the City Clerk's office.

Public Works Agenda Report
11-2-21 /6D-1
7-19-22 I 4R-4
Agenda Report Page 2
Recommended
Action: STAFF RECOMMENDS THAT the City Council:

1. Approve the plans and specifications for FY 2022 Jim Johnson Memorial Sports Park Errant Ball Nets, CIP Project No. 12108; and •

2. Approve· and authorize the Public Works Director to execute, Contract No. ___ , by and between the City of San Clemente and Judge Netting Inc., in the amount not to exceed $89,320 for FY 2022 Jim Johnson Memorial Sports Park· Errant Ball Nets, CIP Project No. 12108.

Attachments: 1. Location Map

2. Bidders List

3. Contract
Notification: None.
s :\cdleng in eerlng\secure\admi n \202117 -20-2021 \7-20-21-Sr .docx 11-2-21 / 60-2
7-19-22 / 4R-5
/
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: July 19, 2022
Public Works / Engineering Division
Amir K. llkhanipour, Senior Civil Engineer
Agenda Item 4 S
Approvals:

City Manager 6
Dept. Head ~
Attorney CJ
Finance ,j \'<.,.

CONSTRUCTION CONTRACT AWARD TO JENNETTE COMPANY, INC. FOR THE LA PATA SEWER LIFT STATION REHAB/UTA TION, CIP PROJECT No. 20201 Fiscal Impact: Yes. The available project budget is $106,100. The estimated total construction cost is $136,745; therefore, a supplemental appropriation in the amount of $31 ,000 is recommended from the Sewer Depreciation Reserve Fund.

Summary: Staff recommends approval of a construction contract with Jennette Company, Inc., in the amount of $90,745 for the La Pata Sewer Lift Station Rehabilitation.

Background: The La Pata Lift Station (Station) is located along the south side of Avenida La Pata adjacent to Richard Steed Memorial Park, as shown on Attachment 1. The La Pata Lift Station was originally designed and built to serve a portion of Rancho San Clemente Business Park at higher anticipated sewage flows.

However, based on tenants within the Business Park, lower sewage flows are experienced, making operation of the Station more challenging and inefficient.

In order to increase the Station's performance and efficiency, the wet well needs to be modified with installation of an interior partition wall to reduce the wet well volume by approximately fifty percent.

A consultant prepared a bid package for the above improvements and staff advertised the project for competitive bidding on the PlanetBids website. Five bids were received on May 23, 2022, ranging from $90,745 to $210,881 , as shown on Attachment 2. The lowest responsive bidder was Jennette Company, Inc. of San Diego, California, at $90,745. Based on the low bid, construction costs are estimated as follows:

Construction Contract
Construction Management, Administration
and Inspection
Project Contingency (20%)
Total Estimated Construction Costs
$90,745
28,000
18,000
$136,745
As required by City Policy and State Law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 3). Project plans and specifications are on file in the City Clerk's office.

Public Works Agenda Report 7-19-22 I 4S-1
Agenda Report Page 2
Recommended
Action: Staff Recommends That the City Council:
1 . Approve the Plans and Specifications of the La Pata Sewer Lift Station Rehabilitation, CIP Project No. 20201;

2. Approve a supplemental appropriation in the amount of $31,000 from the Sewer Depreciation Reserve Fund to Account No. 054-476-43470-000- 20201; and

3. Approve and authorize the Public Works Director to execute Contract No. ___ , by and between the City of San Clemente and Jennette Company, Inc., in the amount of $90,745, for the La Pata Sewer Lift Station Rehabilitation, CIP Project No. 20201.

Attachments: 1.

2. 3.

Location Map
Bidders' List
Contract without attachments
Notification: None.
s:lcd\engineering\secure\admin\2022\7-19\6r\agendareport.docx 7-19-22 / 4S-2
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Attachment 1

PROJECT

LOCATION
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City of San Clemente
Bidders' Listing for "LA PATA SEWER LIFT STATION REHABILITATION PROJECT (Project No. 20201)" Issued on 04/07/2022
Bid Due on May 23, 2022 2:00 PM (PDT)
Vendor Name Address City State Zip
Jennette Company Inc. PO Box 501792 San Dieqo CA 92150
Tharsos Inc. 7839 Universitv Ave La Mesa CA 91942
Abhe & Svoboda, Inc. 880 Tavern Road Alpine CA 91901
10370 Commerce Center Drive Suite Rancho
Ferreira Construction Co, Inc B200 Cucamonoa CA 91730
GCI Construction, inc. 1031 Calle Recodo, Suite D San Clemente CA 92673 Bid Amount Format
$90.745.00 Electronic
$112,200.00 Electronic
$166,740.00 Electronic
$207,350.00 Electronic
$210,881.00 Electronic
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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 Jenntte Company, 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 in 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:

LA PATA SEWER LIFT STATION REHABILITATION PROJECT, PROJECT NO. 20201 The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor's failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within sixty (60) Working Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Ninty Thousand Seven Hundred Forty Five Dollars ($90,745). Payment shall be made as set forth in the General Conditions.

At any time during the term of the Contract, City may, pursuant to the terms and provisions of the Contract Documents, request that ·the Contractor perform additional work. Contractor shall not perform, nor be compensated for, additional work without written authorization from the City pursuant to the terms and provisions of the Contract Documents.

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

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

Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor's Certificate Regarding Workers' Compensation Bid Bond
7-19-22 / 4S-5
Noncollusion Declaration form
Information Required of Bidders
Designation of Subcontractors
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done a·s if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents sh~II 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, includjng, 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 WAGFS. 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 of San Clemente Public Works Department or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

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

SIGNATURES ON FOLLOWING PAGE
55452.01510\32905704.2 2
7-19-22 / 4S-6
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: ________ , 20 __
("CONTRACTOR")
By: ------------
Its: ------------
Dated: ________ , 20 _ _

END OF CONTRACT
55452.01510\32905704.2 3
7-19-22 I 4S-7
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AGENDA REPORT
Agenda Item
Approvals:

City Manager
Dept. Head
SAN CLEMENTE CITY COUNCIL MEETING Attorney
Meeting Date: July 19, 2022
Finance ~ ~
------------------------
Department:

Prepared By:

Subject:

Fiscal Impact:

Summary:

Background:

Public Works / Engineering Division
Amir K. llkhanipour, Principal Civil Engineer

CONSTRUCT/ON CONTINGENCY INCREASE FOR THE CALLE REAL WATERLINE IMPROVEMENTS, GIP PROJECT No. 19516
Yes. The available project budget from the Water Depreciation Reserve Fund is $3,762,631 . The requested increased contingency amount of $100,000 is within the available budget for Phase II of the project. The total estimated project costs for this phase is increased from $1 ,116,947 to $1 ,216,947.

Additional funding may be needed for Phase II depending upon the construction bids that will be brought back to the City Council at the time of project award.

Staff recommends approval of the increased contingency for the Calle Real Waterline Improvements.

On December 21 , 2021, City Council awarded a construction contract to Diamond Construction & Design for the Calle Real Water Line Improvements (Attachment 2). This project consists of replacement of the existing 8-inch waterline with a 12-inch pipe due to the increased water pressure and capacity to serve Reservoir 10 service area and construction of a pressure reducing station valve within Calle Real, in advance of the upcoming improvements of the Calle Real Pump Station (i.e. Phase II improvements). This current project and the upcoming future improvements will upgrade and increase the reliability of the water system network in this area.

The replacement method required the existing 8-inch pipe to be removed and the new 12-inch pipe be installed at the same exact location of the 8-inch pipe ensuring a constant grade that would not conflict with other existing underground utilities. During construction, it was discovered that the depth of the existing 8-inch pipe was approximately 3 feet deeper than the depth shown on the record drawings and pothole information. This unforeseen and unexpected discovery caused additional excavation and removal, shoring due to deeper excavation, additional backfill and almost doubling the time to complete the waterline installation.

The original approved contingency by the City Council was $170,000 (i.e. 20%), with $60,000 having already been spent at this time. The anticipated cost for the additional unforeseen work is about $210,000. The construction will take longer than originally expected and there may be additional unexpected costs.

Public Works Agenda Report 7-19-22 I 4T-1
Agenda Report Page 2
Therefore, staff recommends approval of an increase in the contingency in the ( amount of $100,000 for the project.

Recommended
Action: Staff Recommends That the City Council: Approve a $100,000 increase in construction contingency for the Calle Real Water Line Improvements, CIP Project No. 19516.

Attachments: 1. Location Map

2. Staff Report Dated December 21, 2021 (without attachments) Notification: None.
s:\cd\engineering\secureladmin\2022\7-19\9r\7-19-22-9r.docx 7-19-22 / 4T-2
Attachment 1
~- PROJECT

LOCATION
7-19-22 I 4T-3
Attachment 2 r ( /\
Agenda Item ~
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: December 21 , 2021
Public Works/ Engineering Division
Amir K. llkhanipour, Senior Civil Engineer
Approvals:

City Manager
Dept Head
Attorney
Finance

CONSTRUCTION CONTRACT AWARD TO DIAMOND CONSTRUCT/ON & DESIGN FOR THE CALLE REAL WATERLINE IMPROVEMENTS, C/P PROJECT No. 19516.

Fiscal Impact: Yes. The estimated total construction cost of $846,974 is within the approved project budget of $4,827,630 available from the Calle Real Pump Station Rehabilitation, CIP Project No, 19516.

Summary: Staff recommends approval of a construction contract with Diamond Construction & Design in the amount of $846,974 for the Calle Real Waterline Improvements.

Background: Currently, Calle Real Pump Station conveys water to Reservoir No. 6. and the pump station has met its useful life and is in need of replacement. The station will be upgraded with new equipment to support operational changes in the water distribution system. The upgraded station will pump water to Reservoir No. 10 since Reservoir No. 6 is planned to be removed from service.

The upgraded system will provide system redundancy for improved reliability in the event of an unplanned outage. Prior to upgrading the pump station (Phase II), the existing 8-inch discharge waterline within Calle Real has to be replaced with a 12-inch waterline and a pressure reducing valve (PRV) needs to be constructed (Phase I) in order to meet the operational water pressure requirements. Construction of Phase I water line and PRV improvements will facilitate the construction of Phase 11 pump station by providing customers with a source of water from Reservoir 10 while the pump station is under construction.

A bid package was advertised for public bidding and bids were received on October 27, 2021, ranging from $846,974 to $1,.202,243, as shown on Attachment 2. The lowest responsive bidder was Diamond Construction & Design, La Habra, California with a total bid of $846,974. Based on the low bid, construction costs are estimated as follows:

Construction Contract
Construction Management, Administration
Soil testing and Inspection
Project Contingency (20%)
Total Estimated Construction Costs
$ 846,974
100,000
170,000
$1 ,116,974
---
Public Works Agenda Report
12-21-21 / 6G-1
7-19-22 / 4T-4
Agenda Report
Recommended
Page2
As required by City Policy and State Law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 3). A warranty bond will also be required prior to City Council acceptance of the project. Project plans and specifications are on file in the City Clerk's office.

Action: Staff Recommends That the City Council:

1. Approve the Plans and Specifications for the Calle Real Waterline Improvements, CIP Project No. 19516; and

2. Approve and authorize the Public Works Director to execute Contract No. ___ , by and between the City of San Clemente and Diamond Construction & Design, in the amount of $846,974, for the Calle. Real Waterline Improvements, CIP Project No. 19516.

Attachments: 1.

2. 3.

Location Map
Bidders' List
Contract without attachments
Notification: None.
s:\cd\englneerlng\secure\admln\2021\12-21-21 \12-21-21-1 r .docx 12-21-21 / 6G-2
7-19-22 I 4T-5
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Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: July 19, 2022
Public Works / Engineering Division
Zak Ponsen, Assistant City Engineer..Jf
PROPOSED PARKING MOD/FICA TIONS ON AVENIDA DEL MAR.

Agenda Item 4 l )
Approvals:

City Manager ,t;;Jj !h
Dept. Head ~
Attorney fil
Finance'-?~ •
Fiscal Impact: Yes. The City will receive nominal yearly revenue from the two new parking meters.

Installation of the meters is being paid through a separate agreement with the business owner located at 612 Avenida Victoria.

Summary: The Planning Commission and staff recommend that the City Council approve parking modifications on Avenida Del Mar approximately 85 feet north of its intersection with Acebo Lane (see Attachment 1 ).

Background: The proposed modifications will create two new metered public parking spaces in an area which is currently red curb. There is approximately 85 linear feet of existing red curb located on the easterly side of Avenida Del Mar north of its intersection with Acebo Lane (see Attachment 1 ). The red curb had served as a bus stop in the past, but bus service in this area has since been terminated. The bus service was replaced by the City's SC Rides program where the City contracts with Lyft to provide partially subsidized rides along the former bus route. The amount of red curb needed to serve the SC Rides program is much less than what was needed for an OCTA bus. Funding for the proposed improvements will be through an agreement with a nearby restaurant.

City staff has been working with the developer of the La Galette restaurant located at 612 Avenida Victoria in order to find additional parking in the Pier Bowl area. The restaurant expansion was approved for a California Coastal Commission Notice of Intent to Issue a Coastal Development Permit (5-20-0598) with a condition of contributing annual payments to the City for multi-modal access to the Pier Bowl (see Attachment 2). A portion of those payments will be used to fund the creation of two new metered public parking spaces in the Pier Bowl.

This area of Avenida Del Mar is already codified for metered parking, therefore the proposed Resolution is necessary for only the changes to the red curb.

At its regular June 22, 2022 meeting, the Planning Commission voted unanimously to recommend approval of the staff recommendation. The resolution to enable the proposed parking restriction is provided in Attachment 3.

Public Works Agenda Report
7-19-22 I 4U-1
Agenda Report Page 2
Recommended
Action: STAFF RECOMMENDS THAT the City Council:

1. Create two metered public parking spaces on Avenida Del Mar approximately 41 feet north of the northeast curb return at Acebo Lane;

2. Prohibit parking on Avenida Del Mar, east side, from the northeast curb return at Acebo Lane in a northerly direction for a distance of 41 feet;

3. Prohibit parking on Avenida Del Mar, east side, from a point 77 feet northeast of the curb return at Acebo Lane, thence northerly 8 feet; and

4. Adopt Resolution No. __ , entitled "A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING MASTER TRAFFIC RESOLUTION NO. 1846, ESTABLISHING 'NO PARKING AREAS' ON AVENIDA DEL MAR."
Attachments: 1. Location Map - Proposed Metered Parking

2. California Coastal Commission CDP 5-20-0598

3. Resolution
Notification: A notice of intention to consider proposed parking modifications was distributed to the adjacent property owners.
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■ ■ ■ ■ · EXISTING RED CURB
- • EXISTING METERED PARKING
• L YFT STOP (PREVIOUSLY OCTA BUS STOP)
6, · EXISTING BUS BENCH TO BE RELOCATED

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7-19-22 / 4U-3
ATTACHMENT 2
STATE OF CALIFORNIA· NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERN<

CALIFORNIA COASTAL COMMISSION

SOUTH COAST DISTRICT OFFICE
301 E. OCEAN BLVD .. SUIT: 300
LONG BEACH, CALIFORNIA 90S02-4E30
PH (5621590-5071 FAX (:-62) OW-5084
WWW.COASTAL.CA.GOV
July 22, 2021
Permit Application Number: 5-20-0598

NOTICE OF INTENT TO ISSUE PERMIT
{Upon satisfaction of special conditions)

THE SOLE PURPOSE OF THIS NOTICE IS TO INFORM THE APPLICANT OF THE

STEPS NECESSARY TO OBTAIN A VALID AND EFFECTIVE COASTAL DEVELOPMENT PERMIT ("CDP"). A Coastal Development Permit for the development described below has been approved but Is not yet effective. Development on the site cannot commence until the CDP is effective. In order for the CDP to be effective.

Commission staff must issue the CDP to the applicant, and the applicant must sign and return the CDP. Commission staff cannot issue the CDP until the applicant h3s fulfilled e.1ch of the "prior to issuance" Special Conditions. A list of all the Special Conditions for this pem1it is attached.

The Commission's approval of the CDP is valid for two years from the date of approval.

To prevent expiration of the CDP, you mustfulfill the "prior to lssuancen Special Conditions, obtain and sign the CDP. and commence deveroprnent within two years of the approval date specified below. You may apply for an extension of the permit pursuant to the Commission's regulations at Cal. Code Regs. title 14. section ·13169.

On April 16. 202·1. the Cafifomia Coastal Commission approved Coastal Deveropment Permit No. 5-20-0598 requested by McKinley Family Trust subject to the attached conditions, for development consisting of: Expand .1n existing 617 sq. ft. restaurant by converting 770 sq. ft. of ret.1il space .idjacent to the existing restaurant to restaurant use, resulting in a 1,171 sq. ft. restaurant with a 216 s~. ft. covered dining p.itio. The appllc.tnfWill contribute 3.000 annu.illy to the City of S.in Clemente to be-used to promote multi-mod3I access to the Pier Bowl. A portlon of the first .:innual contribution WIii be used to fund the creation of two new metered public p.lrklng spaces in the Pier Bowl more specifically described in the application filed In the Commission offices. Commission staff will not issue the CDP until the "prior to lssu3nce" special conditions have been satisfied.

The development is within the coastal zone at 612 Avenid.1 Victoria, San Clemente (APN(s): 692-021-03)
If you have any questions regarding how to fulfill the "prior to issuance" Special Conditions for CDP No. 5-20-0598, please contact the Coastal Program Analyst identified below.
7-19-22 I 4U-4
ATTACHMENT 3
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING MASTER
TRAFFIC RESOLUTION NO. 1846, ESTABLISHING 'NO

PARKING AREAS' ON AVENI DA DEL MAR
WHEREAS, the City has reviewed the parking conditions and parking prohibitions on Avenida Del Mar between Acebo Lane and Avenida Granada; and WHEREAS, the City desires to increase the metered parking zone and decrease certain parking prohibition locations on Avenida Del Mar; and WHEREAS, the City of San Clemente Planning Commission ("Planning Commission"), at its regular meeting of June 22, 2022 made a recommendation to the City of San Clemente City Council ("City Council") to approve the parking prohibitions at the locations listed below; and
WHEREAS, the City Council has considered the recommendation by the Planning Commission, and the information provided by City staff and now wishes to implement the recommended parking prohibitions.

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

Section 1. The above recitals are true and correct.

Section 2. The Master Traffic Resolution No. 1846, Section 23, entitled "No Parking Areas", is hereby amended by adding the following subsections:

23.d-48j Del Mar, Avenida, east side, from the northeast curb return at Acebo Lane in a northerly direction for a distance of 41 feet.

23.d-48k Del Mar, Avenida, east side, from a point 77 feet northeast of the curb return at Acebo Lane, thence northerly 8 feet.

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 __________ _
7-19-22 I 4U-5
Resolution No.

ATTEST:

City Clerk of the City of
San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )

Mayor of the City of
San Clemente, California
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 / 4U-6
Department:

Prepared By:

Subject:

Fiscal Impact:

Summary:

Background:

AGENDA REPORT
Agenda ltem 4V
Approvals:

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: July 19, 2022
City Manager '{5; i
Dept. Head ~
Attorney .crI="--- Finance ;/~ _
Public Works / Engineering
Kiel Koger, Public Works Director/ City Engineer
Zak Ponsen, Assistant City Engineer
CONTRACT AWARD TO ALL CITY MANAGEMENT SERVICES, INC. FOR SCHOOL CROSSING

GUARD SERVICES
Yes. The current amount listed in the approved budget for FY 2022 - 2023 crossing guard services is $199,870. The first year contract cost is $263,695 with a proposed 10% contingency of $26,370. This total first year cost of $290,065 will require a supplemental appropriation of $90,195 from the General Fund undesignated fund balance. The second year of the contract is proposed for an amount of $271,636 plus a 10% contingency of $27,164. This second year and optional additional years would be budgeted in future proposed budgets.

Staff recommends City Council approval of a contract award to All City Management Services, Inc. for school crossing guard services.

Currently there are fifteen school crossing guard locations that serve seven schools shown on the two location maps in Attachment 1. The school crossing guard location sites and corresponding schools are listed in the table below.

Site Location School
1 Camino Vera Cruz / Costa Truman Benedict Elementary
2 Calle Sarmentoso I N. of Riachuelo @ Bernice Ayer Middle School School Exit 3 El Camino Real / El Portal Las Palmas Elementary School 4 Avenida Aragon / Calle Puente Las Palmas Elementary School 5 Calle Puente / Avenida Del Poniente Las Palmas Elementary School 6 Avenida Vista Hermosa I Camino Laurel / Marblehead Elementary School Camino Faro _,. __ 7 Avenida Vista Hermosa / Via Turqueza Marblehead Elementary School 8 Avenida Talega / Calle Portofino Vista Del Mar Elementary and (northwest corner) Middle School
Engineering Agenda Report
7-19-22 / 4V-1
Agenda Report Page 2
--·- ---
9 Avenida Talega / Calle Portofino Vista Del Mar Elementary and (northeast corner) Middle School
10 Avenida Calafia / Avenida Del Presidente Concordia Elementary School 11 Avenida Vista Hermosa/ Outlets at San Shorecliffs Middle School Clemente (northeast corner) 12 Avenida Vista Hermosa/ Outlets at San Shorecliffs Middle School Clemente (northwest corner) 13 Avenida Vista Hermosa/ 1-5 NB Off-Ramp Shorecliffs Middle School ( southeast corner) --- --- 14 Avenida Vista Hermosa/ 1-5 NB Off-Ramp Shorecliffs Middle School ( southwest corner) 15 Avenida Vista Hermosa / 1-5 N On-Ramp Shorecliffs Middle School ~- - The City's current crossing guard services contract with All City Management Services, Inc. is due to expire on August 20, 2022.

Discussion: Staff advertised a Request for Proposals (RFP) from qualified firms to provide School Crossing Guard Services for the period of two years commencing August 20, 2022, with the mutual option for two additional one year extensions based on successful demonstration of contract performance. Staff received only two proposals from All City Management Services, Inc. and the Unit Staffing Agency, LLC. Both proposals were reviewed based on qualifications, approach to work, relevant experience, and positive references. The proposal from The Unit Staffing Agency was deemed incomplete since it lacked explanation of experience, work history, or references related to crossing guard duties. The City currently contracts with All City Management Services, Inc. Prior to the 2019 contract with All City Management Services, Inc., the City contracted with American Guard Services. American Guard Services was invited to submit a proposal, but did not respond.

All City Management Services, Inc. provided a fee schedule with a 2022-2023 school year hourly billing rate of $27.23 per hour. The budget estimate listed is based on previous school year totals. However, until bell schedules are verified with each school, these budget estimates are intended to be estimates. After the first year of service, All City Management Services, Inc. will be entitled to request an annual cost-of-living adjustment which is to be no greater than the United States Consumer Price Index. ~
Company FY 2022/23 FY 2023/24 Optional FY
Proposal Proposal 2025/26 &
2026/27 --All City Management $263,695 $271,636 $305,627 Services, Inc. .

The current amount listed in the adopted budget for FY 2022 - 2023 crossing guard services is $199,870. The first year contract cost is $263,695 with a staff proposed contingency (10%) of $26,370. This total first year cost of $290,065 will require a supplemental appropriation of $90, ·195 to the final budget amount. This will provide 7-19-22 I 4V-2
Agenda Report
Recommended

services for fifteen locations for the school year and a contingency for as-needed services for special conditions such as change in dismissal times for teacher conference week. school open house. summer school programs, etc.

If the contract is awarded, staff will work closely with All City Management Services, Inc. to ensure a smooth start to the upcoming school year. All City Management Services, Inc. will be required to provide evidence of successful background checks and training of all prospective crossing guards. All City Management Services, Inc. has performed well during the current contract.

Action: STAFF RECOMMENDS THAT the City Council:

1. Approve and authorize the City Manager to execute a Professional Services Agreement with All City Management Services, Inc. in an amount not to exceed $263,695 for Fiscal Year 2022/23 and $271,636 for Fiscal Year 2023/24 to provide school crossing guard services;

2. Approve a supplemental appropriation of $90, 195 from the General Fund undesignated fund balance to Account No. 001-218-43624-000-00000;

3. Authorize the Public Works Director/City Engineer to approve annual increases to the proposed contract amount not to exceed the Consumer Price Index adjustment per Exhibit "A" of the agreement; and

4. Authorize the City Manager to execute two 1-year extensions with All City Management Services, Inc. for an amount not to exceed $305,627 plus CPI Index increases per Fiscal Year based on successful demonstration of contract performance.

Attachment: 1. Location Map

2. All City Management Services, Inc. Proposal

3. Draft Professional Services Agreement with All City Management Services, Inc.

Notification: None.
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ATTACHMENT 1

VISTA DEL MAR

ELEMENTARY & MIDDLE
SCHOOL
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SCHOOL CROSSING GUARD SERVICES

7-19-22 I 4V-5
Attachment 2
AlLlL «:m IMI&NAcGJEThfilEN! §IE!FiWTI«:IE§
"The Crossing Guard Company"
City of
San Clemente
Request for Proposal
School Crossing Guard Services
May 12, 2022
Presented by
10440 Pioneer Boulevard, Suite 5, Santa Fe Springs, CA 90670 OFFICE PHONE: 800.540.9290 FAX: 310.202.8325
EMERGENCY DISPATCH: 877.363 .2267
www.thecrossingguardcompany.com
7-19-22 / 4V-6
8 M.JL <CI11I1r ML&.NA<GifilMIItU~Tir §JEffiWJICCJE§
June 16, 2022
Public Works Department
City of San Clemente
91 0 Calle Negocio, Suite l 00, San Clemente, CA 92673
Dear Jane Mrotek:

On behalf of All City Management Services, Inc. (ACMS), J would like to express our sincere appreciation for the potential opportunity to continue to serve the City of San Clemente Crossing Guard Program. We are proud to have served the community of San Clemente these past few years and look forward to once again serving your community.

We have received the Request for Proposal with services to begin on or around August 16, 2022. I have reviewed the Scope of Services and Service Agreement and agree to have the tenns and conditions set forth with exceptions of: Indemnity language used in Services Agreement; Item 5 .l - Indemnification. If selected, we request further discussion on language used.

We also have concerns with Professional Liability used in Service Agreement Item 5.2 Insurance: Section C - Professional Liability. This type of insurance is a non-standard for our industry and results in unnecessary expense to the City. We request this requirement to be waived.

We also have concerns with Liquidated Damages listed in Services Agreement under Item 7.4, we would request to have this requirement waived, as this has been waived in previous contract. Please see our response which includes program pricing that is valid for 1 year, the 2022/2023 school year.

Our goal is simple, to relieve agencies of the day-to-day responsibilities of managing a Crossing Guard Program. As a full services contractor, we will again assume complete responsibility for the day-to-day operations of the Crossing Guard programs we manage. This includes recruitment, background clearance, hiring, training, equipment, payroll, supervision, and management of the program.

We maintain local supervision, alternate guards, a paging system, and a 24-hour 800 number to ensure adequate response and immediate back-up for any Crossing Guard absent from duty for any reason. We look forward to sharing our proprietary "Employee Handbook for School Crossing Guards" which details our Job Requirements, the initial and ongoing Training we provide, including the Certification Requirements for all ACMS Crossing Guards.

We are certainly excited about the possibility of again providing Crossing Guard services for the City of San Clemente. If you have any questions, please feel free to contact me at 800 540-9290 ~ David Mecusker
Marketing & Contracts Manager
[email protected]
I 0440 Pioneer E Ivel 'uite 5 • Sant ~ ' pring . a 90670 • I 0-202- 284 800-~40-9290 F lt -202- 25 7-1 9-22 I 4V-7
Approach and Management Plan
ACMS employs a Team Concept of management which results in efficient field operations as well as providing a multifaceted response to potential problems. The National Operations Manager and Operations Manager work together (with input from City of San Clemente) to establish specific program objectives and expectations. These Senior Managers then work directly with your Operations Manager and Area Supervisor to implement the management plan.

The Operations Manager along with your local Area Supervisor; has responsibility for the direct management of the Crossing Guards and together they will continue to ensure City of San Clemente operational expectations are met. Standards and expectations are communicated to Crossing Guards personally by their local supervisor so as to allow the employee a better understanding of the decisionmaking process. This helps reduce confrontational attitudes by establishing and enhancing the common goal of providing for the safety of school children.

Crossing Guard performance and compliance with safety standards will continue to be accomplished through regular site visits by the local Area Supervisor and Operations Manager. In addition to verbal training and counseling, these managers are supported by the use Field Training Check Lists, Field Training Cards, Site Performance Evaluations, independent Field Observations, and a professionally produced Crossing Guard Safety DVD. Reports of satisfactory completion of all levels of training and ongoing safety reviews will be summarized and available to the City of San Clemente representative.

Department of Justice background checks will be completed on all potential employees as allowed by California state law. Successful completion of the background check and Social Security verification via E-Verify is required prior t:o the employee being hired.

To complete the hiring process, ACMS has each applicant pass a Functional Capacity Evaluation to ensure they will be able to perform the physical requirements of the job.

After pre hire screening ACMS may conduct random field testing for drugs and or alcohol when use is suspected or at the discretion of management.

ACMS has a strict policy on Drug and Alcohol abuse. This policy is included in our Employee Manual.

Internal minimum passing standards along with City of San Clemente established standards would prevent any person from working as a Crossing Guard for the program who has been convicted of any felony, a crime of moral turpitude or a crime against children, including, but not limited to:
• Conduct in violation of California Penal Code or which requires registration under California Penal Code
• Conduct which requires registration under California Health and Safety Code. • Any offense involving the use of force or violence upon another person. • Any offense involving theft, fraud, dishonesty, or deceit. • Any offense involving the manufacture, sales, possession, or use of a controlled substance 7-19-22 / 4V-8
• Conspiracy or attempt to comment any of the aforementioned offenses. • Any registered sex offender or narcotics offender.

Summary reports of background clearance on employees within the City of San Clemente Crossing Guard program will be regularly available to the City.

ACMS will investigate all public complaints concerning crossing guard services. All incidents shall be reported to City within two (2) hours to advise the nature of complaint. ACMS shall furnish a written report within five (5) business days after the date of the incident, which includes the course of action/remedy/resolution of said complaint.

Communications with individual school sites is facilitated by the Arca Supervisors. Personal visits arc made regularly (minimum quarterly) to each school site in an effort to develop relationships with staff and establish a collaborative environment for information exchange. Calendars and bell schedules are obtained for each school both at the beginning of the school year and periodically throughout the year.

Key school personnel are supplied with appropriate contact infonnation (business cards) and reminded to inform ACMS of any changes. Additionally, schools are provided with large magnets which can be easily displayed making contact infonnation effectively available to all staff. The email address of the Office Manager is also obtained which enables ACMS administrative support staff to regularly cont.act each school and proactively solicit infonnation regarding potential schedule changes.

The establishment of accurate and responsive shift times is critical to the effectiveness of Crossing Guard services. Sites further from the school would be expected to start earlier in the morning and finish later in the afternoon. These staggered shifts effectively address the time it t.akes for students to walk from a remote location to the school site (or vice versa in the afternoon) and optimize the protected periods. Additionally, locations are continually monitored for actual pedestrian traffic patterns enabling a better understanding of site needs and any potential deviation from established guidelines.

ACMS Area Supervisors are in the field daily when crossings are covered by the guards, and they ensure all guards arrive on time and are ready for duties as scheduled. ACMS is in the final stages of developing an application (App) that will monitor guard attendance via cellphone and will improve efficiency in our timekeeping.
7-19-22 I 4V-9
Recruitment and Staffing
ACMS Managers will assess the staffing needs of the City of San Clemente program during the contract process and on an ongoing basis. ACMS will contact all of the Crossing Guards who currently are providing service and extend them an offer for employment, if they meet our qualification standards. We will focus further recruitment efforts in the geographical areas where additional Crossing Guards will be needed.

We have developed a comprehensive plan for recruitment of new Crossing Guards. As a part of our Staffing strategy we encourage a very aggressive recruitment program. We utilize soft advertising, local media advertising, targeted flyers, on-site solicitation, school flyers and employee referral bonuses as parts of our overall recruitment strategy. We often work closely with school districts in some of our recruitment drives.

Our ability to effectively staff a Crossing Guard Program remains a fundamental benefit that ACMS brings to most Crossing Guard Programs. Staffing sites is one of the primary responsibilities of the Area Supervisors.

They are trained to continuously recruit and train prospective Crossing Guards. New recruits are first processed and submitted to the Department of Justice for background clearance.

Supervisors are also responsible for coordinating the staffing for all sites under their supervision. As part of our staffing strategy Area Supervisors aggressively enforce the following policies and procedures for Crossing Guards.
♦ Supervisors must maintain an adequate alternate or substitute guard roster. We encourage at least a 5 to I ratio of sites versus alternate guards ♦ We require any guard not reporting for duty to notify the Area Supervisor as early as possible utilizing our 24/7 Guard Hotline or directly notifying their Area Supervisor.

Notifications less than 1 hour prior to shift starts are considered unexcused absences. ♦ Our employee policy is "No call, No show, No Job" Throughout our training we emphasize the importance of insuring the safety of children by our presence. As such, we cannot allow the children's safety to be compromised by failing to call or show for duty.

Supervisor Teams - City of San Clemente would benefit from our presence in nearby cities such as: Laguna Niguel, Laguna Beach, Lake Forest, Costa Mesa, Solana Beach, Santa Ana, Garden Grove, Huntington Beach. Newport Beach and Orange County Sheriff's among others. Area Supervisors are grouped together by their geographic location.

These Teams meet every quarter and team members are encouraged to work together. This cooperative effort allows them to share alternate guards with each other, if needed. This has resulted in alternates guards getting more hours as they are "shared" with other Supervisors. Consequently, we are able to retain a more stable group of alternate guards.

Employee Retention: To enhance employee satisfaction and support our retention efforts, ACMS reviews guards wage rates annually in an effort to continually remain competitive in the local labor market. If contractual and budget requirements allow; we plan to offer small wage increases a minimum of every two (2) years based upon performance and tenure.

We also provide publicized employee recognition through our Crossing Guard of the Year programs and Length of Service Awards. Additionally, we provide local Area Supervisors and small budget for employee socials.
7-19-22 / 4V-10
Training
Effective initial and ongoing training is essential in a profession dedicated to the safety of children. With over 36 years of experience and a commitment to working cooperatively with other public safety professionals, ACMS is recognized as an industry leader in the development and implementation of School Crossing Guard training and standards of excellence.

The process begins during the first contact with a potential employee when our phone interview process outlines job expectations and our zero-tolerance policy for failure to report for a scheduled shift. Throughout the application process prospective employees are reminded about the critical nature of our assignments and the work ethic and integrity required of our employees.

Once hired, the training process starts in the classroom where employees review sections of the "Employee Handbook for School Crossing Guards" and are shown the professionally produced training DVD, "Crossing Guard Safety." The process then moves to a field practicum where the trainer demonstrates proper procedures and allows the employee to practice correct techniques. The employee's progress is closely noted on the detailed steps outlined on the Field Training Check List to ensure the employees' field competence.

This cross-modality approach not only exposes the employee to the necessary training components but also addresses the needs of the visual, auditory, and kinesthetic learner. While the classroom setting is expected to require approximately one hour and the field training approximately two hours, it's important to note that the low ratio of students to trainer allows for accurate assessments of the employee's readiness to move forward.

The new employee is typically assigned to alternate work and closely supervised during their early assignments. They benefit from their trainer completing of a written assessment of their work which better allows them to understand their strengths and weakness and make improvements where necessary (the Site Performance Evaluation). Additionally, all new employees are required to carry and regularly refer to the Field Training Cards. This pocket-sized card (listing all steps for a safe cross) allows the employee to selfevaluate their performance prior to the time they have all steps of the procedures memorized.

Throughout their employment, employees are subjected to the same Site Perfonnance Evaluation as an ongoing training and assessment tool. These evaluations happen in both side-by-side sessions as well as unannounced observations without the knowledge of the employee.

The standard issue equipment and clothing includes:
• ANSI II compliant high visibility retro-reflective vest marked with the required insignia of a Crossing Guard
• MUTCD compliant 18" STOP/STOP paddle
• Picture Identification Card with emergency contact infonnation • Company-issued cap or visor with corporate logo
• Whistle for emergency alert to vehicles and pedestrians • High-visibility ANSI II compliant wind-breaker jacket 7-19-22 / 4V-11
Statement of Qualifications
All City Management Services, Inc. (ACMS), is a California based Corporation founded in 1985. We are the largest provider of School Crossing Guard services, managing both large and small Crossing Guard Programs. We currently employ over 7,500 School Crossing Guards dedicated to safety, serving cities, towns, communities, schools, and school districts nationwide. Serving over 275 cities, counties, and school districts, we have successfully privatized and exclusively provided Crossing Guard services for over 36 years.

The heart of our business is in assuming responsibility for the task and challenges of conducting a successful Crossing Guard Program. Toward that end, in our typical contractual arrangement we assume responsibility for; recruitment, local hiring, background clearance compliant with Department of Justice standards, initial and ongoing training, payroll and administrative support functions, coordination of assigning qualified substitutes during absences, local supervision, complaint investigation and resolution, communicating with schools and site safety inspections.

Our ability to operate and manage the City of San Clemente Crossing Guard program is supported by our current success operating the City's program and with similar programs in Southern California. The most significant resources ACMS brings to any Crossing Guard program is the depth and scope of management provided by the years of experience brought on by our operations management team. The community of San Clemente will continue to benefit from our team concept which consists of our Vice President of Operations, National Operations Manager and Operations/Program Manager.

These senior managers ( with input from City of San Clemente) work to establish and implement specific program objectives, expectations, and management p1an. Please see a brief description • Vice President of Operations (Patrich• Pohl): Pat has over 26 years of industry experience and has served as the only private sector representative on California Crossing Guard Training Expert Review Panel, Safe Routes to School Technical Assistant Resource Center (SRTS TARC) Pat is responsible for overall contract compliance. Works with Operations Manager on development of training programs and implementation of safety standards.
• National Operations Manager (Kim Brooks): Kim has over 6 years of industry providing field management and support for ACMS. She works directly with Vice President of Operations on development and implementation of operational standards, training programs, safety instruction and compliance with all legal requirements and restrictions. Works directly with Program Manager to ensure all programs standards are being met. Kim has extensive experience implementing and managing comparable and larger programs. She is responsible for initial training and orientation for all new client programs.
• Operations/ Program Manager (Michele Busch): Michele has been providing supervision and support for ACMS Crossing Guard programs since 2009. Through her time, she has managed over 32 programs with over 250+ locations and 16 different Area Supervisors. Her strong communication and leadership skills have contributed to ACMS being able to provide model crossing guard programs to the cites, agencies and school districts we service. Michele will continue to directly manage your Area Supervisor (Carol Slaton) and provide training and support. She will interface with the City of San Clemente representative and school staff a,s needed. Michele will continue to ensure compliance with Company and City of San Clemente standards and expectations.

Please see a listing of some of the Crossing Guard program Michele Busch has managed within the past five (5) years that are similar in size and/or proximity to the City of San Clemente Crossing Guard program. 7-19-22 I 4V-12
Jamie To
33282 Golden Lantern
Dana Point, CA 92629
Phone: 949 248 3514
Email: [email protected]
Scott Merrill, Captain
12 Journey, Suite 100
Aliso Viejo, CA 92656
Phone: 949 425 2561
Email: [email protected]
Sandy Carlsen, Coordinator
2403 5 El Toro Road
Laguna Hills, CA 92653
Phone: 949 707 2630
Email: [email protected]
MY~J a Kennedy, Captain
~J:Jff' I Paseo ~ hcho Senta Margarita, CA 92688
, Phone: 949 635 1821
Email: [email protected]
Canice Aubuchon, Adm in. Manager
550 N. Flower Street
Santa Ana, CA 92703
Phone: 714 647 1850
Email: [email protected]
~ity of Dana o nt:
- l Area Supervisor
- 4 School Crossing Guards
- I Alternate/Relief School Crossing Guards
- July 1, 2009 - Current
City of Aliso Vlcio:
- 1 Area Supervisor
- IO School Crossing Guards
- 2 Alternate/Relief School Crossing Guards
- July 1, 2022 - Current
City of Luuna HUit,: - 1 Area Supervisors
- 6 School Crossing Guards
- 1 Alternate/Relief School Crossing Guards
- June 23, 2009 -Current
City of Rancho Santa Margarita:
- 1 Area Supervisor
- 19 School Crossing Guards
- 4 Alternate/Relief School Crossing Guards
- July 17, 2009 - Current
Orange Countt Sheriff's Office: - 4 Area Supervisor
- 65 School Crossing Guards
- IO Alternate/Relief School Crossing Guards
- October 10, 2008 - Current
One of the benefits we bring to any agency is our expertise in overseeing a seamless transition from public to private management of the program. The continuity of the Crossing Guards' employment is a key component of a seamless transition. We value the experiences and understanding of the Crossing Guards currently working in each program we manage. Much of our success with individual programs is a result of the experience and knowledge these Crossing Guards bring to our management. With over 35 years of experience, ACMS leads the Crossing Guard Industry in the development of Crossing Guard standards for training, supervision, and safety.

Another defining component that distinguishes ACMS as the industry leader is our focus on providing School Crossing Guard services. We are not a security guard company with a few clients based upon a low-cost offering. Our singular area of service; "School Children Safety" enables all of our resources to be devoted to the development and delivery of programs that provide exceptionally high safety standards and client satisfaction. It should be noted that ACMS has never lost a client agency due to the level of service provided.

Each program we have taken on has brough its unique set of issues and challenges. The heart of our success has been our ability to articulate these challenges and experiences into our training, policies, and procedures to benefit all Crossing Guards in all the cities, towns, and communities we service. 7-19-22 / 4V-13
References for
Crossing Guard Services
City of Santa Ana (since 2010)
60 Civic Center Drive
Santa Ana, CA 92702
Monica Suter, Transportation Engineer
714 647 5645
[email protected]
City of Cypress (sinc~~ t) Proprietary
5275 Orange Avenue Information
Cypress, CA 90630
Eileen Sweeney, Office Specialist
714 229 6629
[email protected]
City of Tustin (since 2009)
300 Centennial Way
Tustin, CA 92780
Donald Houle, Sergeant
714 573 3200
[email protected]
City of Garden Grove (since 2009)
11222 Acacia Parkway
Garden Grove, CA 92840
Courtney Cibosky, Fiscal Analyst
714 741 5819
[email protected]
City of Newport Beach (since 1998)
870 Santa Barbara Drive
Newport Beach, CA 92660
Spencer Arnold, Sergeant
City of Lake Forest (since 2003)
25550 Commerce Center Dr., Suite 100
Lake Fom,1, CA 92630
Brett Channing, Management Svcs. Director
949 282 5215
[email protected]
City of Huntington Beach (since 2007)
2000 Main Street
Huntington Beach, CA 92648
David Dereszyniski, Sergeant
714 374 1534
[email protected]
City of Costa Mesa (since 2006)
P.O. Box 1200
Costa Mesa, CA 92626
Jennifer Rosales, Administrator
714 754 5182
[email protected]
City of Laguna Beach (since 201 l)
550 Blwnont Street
Laguna Beach, CA 92651
Jeff Dixon, Administrator
949 4977700
[email protected]
City of Solana Beach (since 2018)
635 S. Highway 101
Solana Beach, CA 92075
949 644 3744
[email protected]
Rimga Viskanta, Financial Management Asst.
858 720 2467
\
0\'Q-~ [email protected]
<?"-O~"i,_,O~ City of Buena Park (since 2010) ~ ~~
6640 Beach Blvd.

Buena Park, CA 90621
Jon Shaddow, Sergeant
714 562 3943
[email protected]
( ~-~ t ~< ~ J .~,
City of La Palma (since 1998)
7792 Walker Street
La Palma, CA 90623
Ron Wilkerson, Captain
714 690 3380
[email protected]
With over 275 nationwide c/Jents, we would be happy to supply additional references if needed. 7-19-22 / 4V-14
Fee Schedule
15 Crossing Guards
City of San Clemente shall compensate All City Management Services, Inc., for the pcrfonnance of services according to the following schedule.

Site No. Location

1. 1 Camino Vera Cruz / Costa

2. 2 Calle Sarmentoso / N. of Riachuelo @ School Exit

3. 3 El Camino Real/ West El Portal

4. 4 Avenida Aragon/ Calle Puente

5. 5 Calle Puente / Avenlda Del Poniente

6. 6 Avenlda Vista Hermosa/ Camino Laurel/ Faro

7. 7 Avenlda Vista Hermosa /Via Turqueza

8. 8 Avenida Talega / Calle Portoflno (northwest corner)

9. 9 Avenlda Talega / Calle Portofino (northeast corner)

10. 10 Avenida Calafia / Avenida Del Presidente

11. 11-12 Avenida Vista Hermosa/ Outlets at San Clemente

12. 13-1S Avenida Vista Hermosa/ 1-5 N On/Off Ramps
* 6 hours on Tuesdays
Year One August 2021-July 2023
Hourly Bitiing Rate: $27.23
Annual Hours: 9,684
Not to Exceed: $263,695
Year Two August 2023-July 2024
Hourly Billing Rate: $28.05*
Annual Hours: 9,684
Not to Exceed: $271,636
Options Years (1 & 2) August 2024 - July 2026
Hourly Billing Rate: $3 1 .56*
Annual Hours: 9,684
Not to Exceed: $305,627
Max.# of Dally Hrs, - Guard
4*
4*
3 3
3 4
4 5
5 3
3 (x2)
3 (x3)
* Contractor may request a price Increase during the term as a result of any legally-mandated increases in wages or benefits imposed in the state or municipality in which the Services are to be performed and to which Contractor's employees would be subject, Contractor shall provide City wit 60 days-notice of Its reques~ to Increase pricing. City agrees to review and respond to said 1,1otice within 30 days of receipti
7-19-22 I 4V-15
Statement of Compliance
This proposal is in strict compliance with the Request for Proposal and the City's Standard Professional Services Agreement except for the items listed.

Suggested Change/Exception:

5.1 • Indemnification 2nd paragraph; line 8 and line 13 (recommendations in red) (Including, without limitation, incidental and consequential damages, court costs, attorney's fees, litigation expenses and fees of expert Contractors or expert witnesses incurred in connection therewith and costs of litigation) (each, a Loss")
anyone directly or indirectly employed by any of them, or anyone they control, under this Agreement.

Notwithstanding the forego ing, however, in the event that a court or jury determines that' liability with respect to any Loss was caused or contributed to by the negligent act, error, omission or the willfu l misconduct of CITY, the San Clemente Redevelopment Agency, or their respective agents, officers, andJ employees, liabilily wi ll be ap1lortioncd between CONTRACTOR, CITY and the San Clemente Redeve lopment Agency with regard to such Loss based upon the parties' respective degrees of culpability, as determined by the court or jury, and CONTRACTOR's duty to indemnify CITY and San Clemente Redevelopment Agency will be limited accordingly. In addition, nothing in this Section is" intended to wa ive CONTRACTOR's rights under Labor Code Section 3864, S.2 Insurance; C - Professional Liability
We request this requirement to be waived.

Reason for Submitting Change/Exception:

Certa in industries are more high risk than others, such as construction, medical practice:., agricultural and legal services. This type of insurance is a non-standard for Qllr industry and results in unnecessary expense to lhc City.
7 .4 Liquidated Damages
We request this requirement to be waived.

Reason for submitting Change/Exception:

This was wa ived in our prev ious agreement.
--... ---------------·-----------.. ·-- Impact of suggested Change/Exception:

5.1 - Indemnification -City and Contractor would have shared liability in the event of a Loss.

5.2 - Insurance; C. Professionat Liability- if waived, would reduce overall program costs to City.

7.4 - Liquidated Damages - no impact as this would be same as previous contract period. 7-19-22 / 4V-16
'
Appendix
This Appendix contains resumes for the key personnel involved with the management of the City's Crossing Guard program.

Additionally, this Appendix also contains our All City Management Services, Inc. Employee Handbook for Crossing Guards
7-19-22 / 4V-17
PATRICIA J. POHL
21896 Red River Drive, Lake Forest, CA 92630. 310.877.7045

WORK HISTORY
2010 to present All City Management Services, Inc.
10440 Pioneer Blvd., Suite 5
Santa Fe Springs, California 90670
Vice President of Operations: Full responsibility for the planning, direction and coordination of all fieldbased leadership personnel nationwide (250+). Accountable for development and implementation of costeffective procedures to meet current and future company needs. Responsible for all aspects of operations to ensure successful compliance with policies and procedure resulting in achieving optimum safety standards. 1998 to 2010 All City Management Services, Inc.
1749 South La Cienega Blvd.

Los Angeles, California 90035
Operations Manager: Accountable for management of day-to-day operations of field 50+ area supervisors.

Responsible for development, implementation and compliance for all training programs as well as Safety Certification standards for all Crossing Guards.
1994 to 1998 All City Management Services, Inc.
1749 South La Cienega Blvd.

Los Angeles, California 90035
Area Supervisor: Responsible for hiring, training, coordinating and scheduling 45 school crossing guards.

Served as company liaison to city governments, school districts and community. 1967 to 1994 Various Management, Sales and Administrative Positions Restaurant Manager, Advertising Sales Account Representative, Executive Assistant, Office Manager:

Employment history of repeated promotion to positions of leadership and management based on work ethic and commitment to the success of employer.

PROFESSIONAL ASSOCIATIONS
Previously invited to serve as the only private sector representative on:

California Crossing Guard Training Expert Review Panel
Safe Routes to School Technical Assistant Resource Center (SRTS TARC) a project of California Active Communities within the California Department of Public Health (CDPH) Previously retained as Expert Witness and Person Most Knowledgeable in several litigations related to personal injury accidents involving School Crossing Guards.

Florida Department of Transportation
School Crossing Guard Trainer Certification, currently status; active 7-19-22 / 4V-18
Kimberly M. Brooks
/5607 W. 83"1 Street• Lenexa, KS 662/9• (9/3)952-9159
[email protected]

NATIONAL OPERATIONS MANAGER
Proven advocate for pedestrian safety by effectively administering company policies and procedures to employees. Operations leader that utilizes training and mentoring techniques to develop continuous improvement efforts with Regional Managers toward staff development.

Skilled in organizing staff and planning for complete site coverage. Effective in recruiting from various sources and using system planning to align resources. Excellent communicator capable of building relationships with clients, supervisory staff, guards, and internally at any organizational level. ✓ Client engagement ✓ Safety focused
✓ Recruiting & Training ✓ Coaching & Mentoring
✓ Relationship Builder ✓ Problem-solver
Professional Experience
ALL CITY MANAGEMENT SERVICES 2016 to Present
National Operations Manager - May 2020 to Present
• Responsible for overseeing the day-to-day functions of the Regional Manager. • Identify challenge programs in cooperation with Regional Manager. • Oversee Client Relationships.
• Assist in the development and transition of new programs.

National Advertising and Recruiting Coordinator- February 2018 - May 2020 • Manage advertising and nationally.
• Recruit, hire and train Recruiting Coordinators to build relationships within their community. • Collaborate directly with Regional Manager to combat staffing issues within areas directly. • Develop new strategies for recruiting.

Regional Supervisor- September 2016 to 2018
• Administer policies through training of supervisory staff and monitoring compliance of guard perfonnance.
• Serve as liaison with contracting point of contacts and company to communicate and resolve any operational issues such as site modifications and pedestrian counts. • Oversee programs covering over 200 sites in Kansas, Missouri and Iowa. • Other duties include approving payroll, on boarding and training employees.

Area Supervisor - July 2016 to 2018
• Recruit, train and staff crossing guards in the City of Lenexa. • Overall administrative functions for the area.
7-19-22 / 4V-19
Kimberly M. Brooks
SECURITAS 2015 to 2016
Crossing Guard - August 2015 to May 2016
• Conduct safe crossings for pedestrians.

VARIOUS DENTAL PRACTICES 1992 to 2013
Expanded Functions Dental Assistant - 9 years
• Expanded functions include placing composite and amalgam fillings, polishing fillings, packing retraction cord, taking impressions for crowns, bite splints, and making temporary crowns.
• Working with children that have special needs.
• Charting treatment plans and patient chart maintenance. • Dietary, preventive and treatment consultations with patients.

Dental Assistant- 12 years
• Chair-side duties include assisting in all procedures including fillings, crown preps, root canals and surgical extractions.
• Scheduling appointments, creating treatment plans and presenting them to patients. • Supply management, equipment repairs and maintenance. Maintain OSHA standards.

Education and Training
Johnson County Community College
Prerequisites for Dental Hygiene
State of Pennsylvania
Certificate of Radiology
York Vocational Technical School
Dental Assistant Technical School
7-19-22 / 4V-20
Michele Busch

EXPERIENCE
Regional Manager, All City Management Services; Santa Fe Springs, CA- 2012-present 2'.l Cheentougii
Irvine, CA 9251 ,1
T (91•9) 921!-5364
Management of8 area supervisors and 350 crossing guards in Southern California. Maintain communication with area supervisors; provide feedback, support, guidance and training. Investigate complnints; enforce safety anrl disciplinary measures Serve as a liaison to school and city otlicials and operations managemenl . Assist in the development of new company procedLu-es.

Area Supervisor, All City Management Se.vices; Santa Fe Springs, CA - 2009-2012 Managed the crossing guard program for the Newport-Mesa school district. Responsible for the recruiting, hiring, training and supervision of 36 crossing guards. Conducted regular field safecy training and maintained a program of high standards. Handled scheduling and payroll; served as a liaison to school oflicials, city officials and operations management.

Owner, Bella Michele Jewelry; Irvine, CA- 200.5-.2012
Responsible for product development, analysis and marketing. Handled purchasing, bookkeeping, organization of inventory as well as training and management of 4 employees. Created and maintained a large website and online database. Sought out advertising using social media.

Executive Director, Cancer Camp Connections; Irvine, CA- 1998-2007 Created a national database of summer camp programs for children with life threatening diseases. Developed from the ground up a 50l(c)8 charity; provided leade1·ship in fulfillment of the mission, vision and goals of the organization. Implemented policies and decisions of the Board of Direct01·s. Secured funds and managed budget; sought grant opporumities Supported and sustained growth; served as spokesperson; conducted program planning and development.

EDUCATION
Gunderson High School, San Jose, CA - 1984
University of Colorado, Bolllder; Bachelor of Arts, Social Work - 1989 SKILLS
Strong communication skills. Ability to adapt to difficult and stressful situations. Detail oriented. Capable p1·oblem solver. Excellent organizational and leadership skills. 7-19-22 / 4V-21
"The Crossing Guard Company"
Employee Handbook
for
School Crossing Guards
10440 Pioneer Boulevard, Suite 5, Santa Fe Springs, CA 90670 OFFICE PHONE: 800.540.9290 FAX: 310.202.8325
www.thecrossingguardcompany.com
All City Management Services Emplovee Handboe>k Updated 8.2014 7-19-22 I 4V-22
Table of Contents
INTRODUCTION ........................................................................................................................................................... ............ ........ fi SECTION ONE - GENERAL DUTIES .............................................................................................................................................. 6 100. Position Responsibilities .............. ................ ......................................... .... ...... ................ .. ............................. ... ........ .. 5 101. Job Description ......................................... ............................................................. ........................................ ................... 7 102. Hours of Duty .... ......... .. ......... ................... ................................. ............................ .. ........... ................... ............. ...... 8 103. Personal Conduct .............................................................. ........................... ....................................................................... 8 104. Unifomis and Appearance ................................................................................ ................................................................... 9 ~~~: ~;:n~~~o~~·~~.E~~·l~~jj~~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~~ 107. Crossing Procedures .......................................................................................................................................................... 13 107.1 Crossing Signalized Intersections ..................... .................................................................................. .................. 15 107.2 Crossing Non•Signalized Intersections .................................... ............................................................................. 15 107.3 Crossing Two Crosswalks .................... . .... .. ... ................ ........... ................................................. ................... 16 107.4 Potential Problems ................................................. ...... ...................................................................................... 16 107.5 Danger Zones from Tumlng Vehicles ....... ............................................................................................................. 18 108. Accidents and Emergencies ............................................. ............. ................................................................................ 19 109. Workers' Compensation ..................................................................................................................................................... 20 110. Important Phone Numbers and Contact Information ..... .................................................................... ....................... ........ 21 SECTION TWO - GENERAL COMP~NV OPERATIONS ..... ,f.l.QtW$·'J:S. .................................................................................... 22 111. Equal Employment Opportunity ........... ............................. /n-r·•· .t:Qpri~l,' ...... ............ .............................................. 22 112. Employment At-Will .............................................................. .1'tlrml!ttt· ..... a~ ........................... ............ , ..................... 22 113. Integration Clause and the Righi to Revise ............................ ......... .... . Qr.i. ....... .. ............ ... ....... ... ............ ................ .. . 22 114. Unlawful Harassment . .... .. .............................................. .. ........................................................................................... . 23 115. Workplace Violence .. ......................................................................................................................................................... 24 116. Internal Complaint Procedure ... ......................................................................................................................................... 25 116.1 PurposeandScope ................................................................................................................................................ 25 116.2 Procedure ........ ........... ..................... ... ........................................................ .. ..................................................... 25 116.3 Non•RetaUation ............................................... ........................... ............................... ........................................... 25 117. Dispute Resolutlon .......................................................... ................................................................... ................ ... .... 25 118. Employee Information & Personnel Records................ .... ..... ........ .. . .. .... . . ............. ........ ........ ...... ..... .. .. . 27 119. Drug and Alcohol Abuse ............................................ .......... .. .... .. ...................................................... ....... .. .... . .. .. ... .. 27 120. Presoription or Over-the-counter Druge ............... .............................................................................................................. 29 121. Termination .................................. ... ............ ..... .... ................................................ ........................ ............................... 29 121.1 Voluntary Termination ............................................................................................................................................ 30 121.2 Involuntary Terminelion ................................. .............. .................................................................. .............. .... 30 122. Rules of Conduct .. ........... ...... ... ............. ..... . ... ... . ... ...... .. . .. . ... .. ................ ............................................ .................... 30 122.1 Job Performance ..................................................................... ................. . .................................... .... ..... ......... 30 122.2 Prohibited Conduct............. ...................................................................... .............................. ............ . .. ....... 30 122.3 Attendance and Punctuality............... ................... ..... .. ................. .......................... ... ...... .. ............ ......... ..... 32 122.4 Use of Personal Electronic Devices ...................................................................................................................... 32 122.5 Social Medie & Internet Use ...................................................................... .................................... ..................... 33 123. Payroll ........................................................ .. .................................... .......................... ................ . ... ...................... 33 124. Time Sheets .............................. ........ ........................ .................................................. ..... .. ........ , ............................... 34 125. Paycheck Distribution ............................................................................................................... ............. ................ .... , ...... 34 126. Recognition and Rewards ................... , .............................................................................................................................. 35 126.1 Crossing Guard of the Year ..... ................. ....................................... , .................................. ..... ....................... 35 126.2 Length of Service Awards. .. .. ... ... ....... .............................. .......... ........... .... ...... . . ...... .... ........ .... .. ......... 35 126.3 Additional Merit Pins ........................................................... . .... .......... ................................. ..... .............. .. 35 127. Health & Safety ........... , .......... , .... . ......... .. .... .. .. .. . .. .. .. .. .. . .... .. .. .. .. .. ........ .. ...................... ...... ......... ............................ 36 127.1 Functional Capacity Evaluation .................. ................ ............................................. .......................................... 36 127.2 Injury and Illness Prevention Program (IIPP) ................................................................................................... 36 127.3 Injury and Illness Prevention Program Report ....................................................................................................... 40 127.4 Heat tllne11& Prevention Program .................................................................. , ................................................... .. 41 128. Leave of Absence .................................................. .................... . .... ...... ............... ..... .. ... .......................... . ............ 42 128.1 Family Medical Leave Act ........................................................................................... .................................. ....... 42 128.2 Worker&' Compen$atlon Disability Leave ...... . ..... . ........ ........... . ........... .. . ..................... ........................... ... 44 128.3 Military Leave (Active And Reserve Service) ..... .......................................... ................................................ 45 128.4 Jury & Witness Duty Leave ................................................................................................................................ 45 126.5 Funeral Or Bereavement Leave Of Absence ........... ... .................................. ........... ... .................... ... . ......... 45 ACKNOWLEDGMENT OF RECEIPT OF INFORMATION .............................................................................................................. 46 FUNCTIONAL CAPACITY EVALUATION ................................................................... ; .................................................................. 47 All City Management Services Employee Handbook Pase 13 Updated 8.2014 7-19-22 / 4V-23
7-19-22 / 4V-24
WI
A Letter from the General Manager --- ,cf •
i1ls
lt1,1 ,,t.i~ Congratulations! You are now a valued employee"<f)j ,..,J,bf ity Management Services, Inc., ''The Crossing Guard Company." You join a family of School c'rQj;fiR!1-:Guards who dedicate their efforts to the safety of school children on their way to and from schooL 'l'J ''y All City Management Services (ACMS) was founded in 1985 as a multifaceted corporation to service public agencies. We are the largest employer of School Crossing Guards in the nation with over 5,000 individuals currently working as Adult School Crossing Guards.

This "Employee Handbook for School Crossing Guards" will familiarize you with many aspects of Company procedures and your rights and responsibilities as an employee of ACMS. Also outlined here are the general duties of a Crossing Guard. It is your responsibility to familiarize yourself with the contents of this handbook and keep it for reference for the length of your employment with ACMS.

You will work under the direction of an Area Supervisor. S/he is available to answer any questions or concerns which you may have during the performance of your duties. You are also free to contact our Main Office (800.540.9290) at any time if you have a question or concern that is not addressed by your supervisor. •
The community and the students we serve expect and deserve professional and knowledgeable conduct from you. Remember, your actions reflect on the entire School Crossing Guard program. We are confident that your employment with ACMS will be a rewarding experience for both of us.

Sincerely,
B,etvo(/\, FetvweLL
Baron Farwell General Manager
All City M anagement Services Employee Handbook P age 14 Updated 8.2014 7-19-22 / 4V-25

INTRODUCTION
Please read this handbook carefully and keep it handy for future reference. If you have any questions, please feel free to discuss them with your Area Supervisor or any member of management.

All City Management Services, Inc. ("the Company") may add, modify, alter or delete policies and provisions of this handbook at its sole and absolute discretion. The only policy which may not be modified or altered by anyone at the Company (except by the General Manager in writing) is the Company's at-will policy.

Al/cit/
SECTION ONE - GENERAL DUTIES fi(~'t>.
100. Position Responsibilities 'rt&,~l'/~4,,

1. As a School Crossing Guard you are responsible for pro~f ding ~ dditional protection to any person crossing a street or highway at an assigned location.

2. You will be assigned to work under the direction of an Area Supervisor. S/he will give you your assignment(s), notify you of your hours, and is available to answer any questions about your work assignment. You are no longer working for any other agency and you are responsible for complying with the Company policies and procedures of All City Management Services, Inc.

3. As a Crossing Guard you must keep readily available the telephone numbers of your Area Supervisor and the Main Office (800-540-9290). Should any problem or questions arise concemlng any part of your job you must contact your Area Supervi&or. If your situation is an emergency (meaning you require an immediate or same-day response) and you do not hear back from your Supervisor right away, you must contact the Main Office. Complete the page in the back of this manual which includes the emergency and non-emergency numbers for safety personnel in your area.

4. If you require time off you must contact your Area Supervisor as soon as possible but not later than 46 hours In advance to arrange for a replacement guard.

5. If you are scheduled to work and have an unplanned absence, expect you may be late for work, or must leave your site for any reason during your scheduled hours of duty, you must consider this situation an EMERGENCY. When you experience an emergency it is mandatory that you contact your supervisor immediately. If you are unable to reach your supervisor, you must call the Main Office (800-540-9290) to report your emergency. a. Again, any time your absence may result In your site being left without a Crossing Guard for ANY length of time, you must consider this an EMERGENCY and act accordingly. Excessive absences or tardiness w/11 be cause for dlscipf/nary actions, suspension or termination of employment.

6. If you require more than three (3) consecutive days off you must request a Leave of Absence form from your supervisor. If your supervisor does not provide a Leave of Absence form, you must contact your Operations Manager and request one. A Medical Leave will require a doctor's release for your retum to work. If a personal leave of absence is granted by your supervisor, you will be required to return to work on the pre- arranged date.

7. You are responsible for obtaining and reviewing the school schedule for the school(s) you serve. Review your sehedule with your supervisor and discuss any upcoming minimum days, student-free days or other changes your school schedule(s) indicates will be necessary.

All City Management SP.rvlces Employee Handbook Page IS Updated 8.2014 7-19-22 / 4V-26

8. You should periodically inspect your site for potential hazards. This would include, but is not limited to, such items as potholes, standing water, trees or bushes that obstruct your view, and/or any road construction that might provide a safety hazard to you or the pedestrians you cross. To comply with the ACMS Injury and Illness Prevention Program it is necessary for you to notify your supervisor if you identify any such safety concerns. You may also choose to complete the Injury and Illness Prevention Form and submit it to your supervisor.

9. All Crossing Guards working for All City Management Services must successfully complete the Certification process to qualify for work as a School Crossing Guard. All Crossing Guards must continue to perform their duties at the competence level necessary to maintain certified status. 1 o. All Crossing Guards must pass and maintain the level of clearance appropriate for this type of work as determined by state, local and/or client mandate. This clearance must be maintained throughout the length of employment. Fallure to maintain this clearance may necessitate termination. other levels of infractions may be cause for disciplinary action(s) up to and Including termination of employment.

11. All employees taking prescription medications that may affect the performance of their job and/or compromise their safety or public safety, must maintain proper medication levels while on duty. Any incident, accident or injury that occurs and can be reasonably determined to be the result of not properly taking prescription medicines may result In legal and/or disciplinary action up to and including termination of employment.

12. All Crossing Guards must be able to perform their duties according to the Job Desaiption as Included herein.

All atv Manasement Services Employee Handbook Pa 8 e 16 Updated 8.2014 7-19-22 I 4V-27
101. Job Description
POSITION: Seasonal Adult School Crossing Guard
FUNCTION: To provide additional protection to any person crossing a street or highway in a marked crosswalk at an assigned location during the school season.

RESPONSIBILITIES:
• Works under the direction of an Area Supervisor, District Sup~ or or Lead Supervisor • Must read, understand and comply with all Company policies ~~~ed in the "Employee Handbook for School Crossing Guards." ~~ ~,,.. • Must wear Company-issued high visibility vest and hat (or visor) at ~nit~ while 00~ -
• Must wear sturdy, well-fitting shoes while on duty. Shoes must have closed toe and heel (no sandals), low or no heel and have soft soles with a no-slip tread in good condition. • Must show good judgment and make common sense decisions while providing for the enhanced safety of pedestrians.
• Must successfully complete certification testing and maintain certified status.

PHYSICAL REQUIREMENTS:
• Must submit to and successfully complete all pre-employment tests and screenings as required by ACMS policy and/or required client specifications.
• Must maintain compliance with all safety and functional capacity evaluation standards as outlined by AMCS policy. Compliance with standards is determined by both bi-annual review and random field observation and testing.
• Must have physical ability and stamina to remain on duty (without interruption) for up to two hours per shift.
• Must be able to lift a STOP sign (weighing up to two pounds) over the head repeatedly. • Must be able to stand and/or walk for extended periods of time, often on uneven terrain. • Must be able to work outside in seasonal weather conditions.

OTHER REQUIREMENTS:
• Must be at least 18 years of age.
• Must submit to and successfully clear a fingerprint-based background check which meets specific client contractual mandates and/or meets the qualifications of working with school children. Said clearance must be maintained throughout the duration of employment. • May be subject to drug/alcohol screening prior to and/or at random during employment. • Must immediately notify supervisor of any temporary or long term accommodations needed due to limitations and/or restrictions regarding employee's physical or mental ability to perform duties of the job.

This job description is not intended to be, and should not be construed to be, an all-Inclusive list of all the responsibilities, skills, or working conditions associated with the position. While it is Intended to accurately reflect the position activities and requirements, the Company reserves the right to modify, add or remove duties and assign other duties as necessary with or without notice. The position Is seasonal based on the assigned locations(s) school schedules. School closings for holiday observances, weather closings or summer break are considered off season.

All City Management Services Employee Handbook P a g e I 7 Updated 8.2014 7-19-22 / 4V-28
)
102. Hours of Duty
Individuals who work for All City Management Services as Crossing Guards are classified as either Regular Guards or Altemate Guards. Regular Guards are those individuals who work consistently at an assigned intersection. Alternate Guards are those individuals who work on an as needed basis and substitute when Regular Guards are absent. It should be noted that both Regular and Alternate guards work for a Crossing Guard program within a city and not for a particular school or site.

Changes in assignments can be made by th~ Company at any time to accomplish a variety of management needs. 04,.
i u'
Regardless of your classification, the following rul~~~ ~Ql~-~&
• Each Crossing Guard will be assigned their hoursQj ij~y by the Area Supervisor. Because of the nature of this joo. it is mandatory that all Crossing Guards be in uniform and at their site at the designated time. ACMS has a zero
tolerance policy for arriving late or leaving early.
• Employees working as Alternate Crossing Guards will be required to notify their supervisor of their hours of
availability for work by noon Friday of the previous week. • You must be visible at your intersection at all times and may not leave your assigned location during your hours of duty. Only if and when weather conditions present In
inordinate risk to your personal safety may you take refuge in your vehicle. If taking refuge becomes necessary, you must continue to maintain full visual contact with your assigned crosswalk(s) while parked legally. Additionally, you must be able to respond adequately so as to continue to provide established enhancement to safety for all pedestrians.
• You must be aware of the schedules for the schools you serve and are required to visit the school site at least once a month to obtain a calendar and bell schedule. Schedules for minimum days with early dismissal, student-free days, special school functions, or any changes in your normal hours of duty must be discussed with your Area Supervisor. Report any of these changes to your supervisor as soon as they come to your attention. • If you have a commitment that requires you to miss one shift during the day you may be required by your supervisor to take the entire day off. Alternate guards must often rearrange their schedule for an entire day to cover regular guards who are absent. It is ACMS policy that this commitment should be rewarded with a full day's pay whenever possible. • Some Crossing Guards may have the opportunity to work during summer school sessions.

Area Supervisors will survey guards as to their availability for work. In most cases, Crossing Guards should not plan to have work available during the summer months. • Any permanent changes in the assigned hours of duty will be communicated to you by the Area Supervisor or other management personnel. Do not change your schedule or work before or after your scheduled shift times for any reason unless first approved by management. 103. Personal Conduct
Your attitude while performing your duties will contribute to your success in gaining the cooperation of the individuals you cross as well as that of the motoring public.

Good judgment and courtesy is very important and cannot be over emphasized. An energetic, confident and friendly manner is the best evidence of an attentive and competent Crossing Guard.

Do not assume an overbearing manner in your contacts with the general public or the school children.

Try to be helpful even under adverse conditions.

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Develop and maintain a friendly attitude toward the pedestrians you cross. Do not, however, allow your relationships to hinder you from carrying out your assigned duties. You should be friendly and professional at all times - not personal or intimate. You must maintain a pleasant, but not an overly affectionate attitude.

THE FOLLOWING INAPPROPRIATE PERSONAL CONDUCT WILL

RESULT IN DISCIPLINARY ACTION, SUSPENSION OR TERMINATION (DEPENDING ON THE CIRCUMSTANCES, ACMS MAY UTILIZE ALL
OR ANY OF THESE STEPS ANO IN NO PARTICULAR ORDER).
• Permitting children to enter your vehicle or to loiter near it. • Unnecessarily delaying children going to or returning from school • Giving children anything to eat.
• Using reading materials, cell phones, radios, headsets, portable TV's or other Items that might distract you from your duties. "'It¾
• Allowing anyone to socialize with you at your site duri°'~~ing hours. • Littering while on duty. Remain mindful of the fact that ~~~ssing sites are In public areas where a good neighbor policy is very Important. ~o,, ~~ • Parking your car illegally while on duty.
• Smoking, gambling or solicitation of any kind while on duty. • Indications of the use or influence of drugs and/or alcohol while on duty • Possession of a weapon while on duty.
• Threatening or intimidating behavior, abusive language, fighting, and/or participation in Immoral, indecent or undesirable conduct while on duty
• Insubordination in the form of refusal to obey the instruction of a supervisor, refusal to perform job assignments or inappropriate comments or actions toward management personnel. • Loss of Department of Justice clearance and/or and conviction on a misdemeanor or felony for moral turpitude, sex offense, or crimes.
• Misrepresenting facts or circumstances relating to your employment with All City Management Services.

This list is not intended to be and should not be construed as an all-inclusive list of the conduct that will result in disciplinary action, suspension or termination. While it is Intended to accurately reflect job requirements, the Company reserves the right to modify or add items as necessary.

Notwithstanding this list of rules, the Company reserves the right to discharge or demote any employee with or without cause and with or without prior notice. 104. Uniforms and Appearance
You must be clean and neat in your appearance at all times. Consideration should be given to the importance of daily personal hygiene. Your professional appearance will impact your success as a Crossing Guard.

Proper shoes are important to the safety of Crossing Guards. Shoes must be well-fitting and sturdy.

They must have closed toe and heel (no sandals), low or no heel and have soft soles with a nosllp tread in good condition.

The following equipment will be issued to you at the time of your employment and must be used while All City Management Services Employee Handbook Page l9 Updated 8,2014 7-19-22 I 4V-30
on duty:
• Stop sign;
• High visibility hat;
• High visibility vest; and
• Company-issued picture identification ( or temporary identification if newly hired).

The issued safety vest and hat may be worn ONLY while on duty at your site. Do not wear your vest and/or hat at any other time. Crossing Guards are responsible for the care and maintenance of the safety gear and equipment Issued to them. Requests for replacement of worn or defective equipment must be made with the Area Supervisor.

In some jurisdictions you will be required to follow a dress code to conform to local requirements. If a specific uniform is required, it will be provided by the Company (or you will be provided an allotment for same). In addition to the previous requirements, the following items are N~T to be worn while on duty: 0,,~
4) ~ . • Shorts or skirts that are more than two Inches (2") above the knees; ~ 1~ • Tank tops or sleeveless tops (men and women); or "-?~~,,.~~ ~ ;r.
• Revealing or suggestive clothing (men and women).
105. Training
Based on our commitment to achieving the highest level of safety for our employees and the children we serve, ACMS provides mandatory initial and ongoing training.

New Employee Orientatjon: Prior to being assigned to work, you will be required to successfully complete the training program. The first phase of this training is the New Employee Orientation. This classroom training will allow you to become familiar with important aspects of your job such as requesting time off, emergency procedures, reporting of incidents/injuries and review of Illness and Injury Prevention standards. At this time you will be issued your personal copy of the .Employee Handbook for School Crossing Guards which you must keep available during the length of your employment for reference and review of safety procedures.

All City Management Services Employee Handbook PagellO Updated 8.2014 7-19-22 I 4V-31
New Employee Field Training Program: This field training is designed to be the foundation for developing good habits that will increase your safety on the job. A Certified Trainer will conduct the training at a marked crosswalk so you can better understand the environment in which you will work. Together you will follow the training points outlined in the Field Training Check List and Field Training Card. It is very important that you understand every portion of the training. You must question your trainer about any procedures that are not clear. You are required to keep your Field Training Card with you while on duty and you should refer to It often. Your trainer will complete a Site Performance Evaluation and provide you with a copy so you can better understand areas where you may be able to improve your performance.

New Employee Assessment: Within approximately the first ten (10) days of work you can expect a Certified Trainer to visit you at your work site. At this time the trainer will conduct another Site Performance Evaluation with you. S/he will discuss the results of the evaluation, provi~e any necessary retraining, ask you to sign the form, and provide you with a copy. If you have successfully completed each step of your training, you will now be a Certified School Crossing Guard.

Certification. All School Crossing Guards working for All City Management Services must be certified. To become certified you must successfully complete the ACMS Certification Program.

Individuals who do not successfully complete the certification process will no longer qualify to work as a Crossing Guard for ACMS.

Certification is valid for five (5) years. Certified School Crossing Guards must continue to CO'!)pl. y with all safety standards to maintain their certified status. Employt~ who fail to maintain their certified status will no longer qualify to~ -!( as a Crossing Guard for ACMS. ~"o ~
~ 1,
Continued Compliance - All ib)~ees must comply with the minimum mandatory safety req.61,i:eroents at all times. If any employee is observed not complying wifh these standards, they are subject to immediate disciplinary action up to and including termination of employment.

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106. Site Performance Evaluation
S = SELDOM: Employee seldom performs the task at an acceptable level to meet position standards.

Improvement in performance is mandatory.

U = USUALLY: Employee usually performs the task al an acceptable level to meet position standards.

Performance demonstrates understanding of dutias but improvement is necessary.

A = ALWA VS: Employee consistently performs the task at a level that meals position standards.

Performance Is fully acceptable and demonstrates commitment to duties Must achieve and maintain a "Yes" grade indicating full cornpllance with items 1-5 in Section A: Mandatory Compliance.

Must achieve and maintain minimum of •usually" grade In Section B, C and D. Failure to achieve and maintain these grades will result in further disciplinary action up to and including termination of employment.

NO YES

1. Does guard croi;s all pedestrians who will allow themselves to be crossed safely?

2. Does guard attempt to hold all peds lo curb on both sides or the street untll guard takes control of the crosswalk?

3. Does guard make second attempt to hold to the curb those pads who do not comply with the first attempt?

4. Does guard enter the Intersection far enough to assume and maintain control of the crosswalk?

5. Is guard alert, attentive (no phone, reading, visitors, e nd atthe crosswalk when not acttvely crossing? B: PEDESTRIAN CONTROL -, ~ ,<.>,._ s u A

1. Does guard give all peds clear instructions to wail until cafi~_.iin&.,tp look both ways before leaving the curb?

2. Does guard control use of bicycles, scooters, skateboards and ••• • lades In crosswalk? ·- 3. Does guard refrain from using hand silJnals (other than stop) and give only voiclfeommande to pads?

4. Does guard have all pads safely on the sidewalk before giving up control of the crosswalk? C: INTERSECTION CONTROL -· - 1. Does guard wait for prompt signal or adequate break In traffic before starting the cross?

2. Does guard look left-right-left for vehicles before stepping from curb?

3. Does guard continue to lock in all directions for vehicles approaching the crosswalk during the enUrv cross?

4. Does guard maintain position primarily at edge of the crosswalk nearest to and facing center of intersection?

5. Does guard use two-h1mded cross with free hand extended in STOP signal to control peds and vehicles?

6. Does guard hold the STOP sign high above their head for entire time they are in the intersection?

7. Does guard refrain from directing traffic under all circumstances? 0: PERSONAL CONDUCT - - 1. Does guard wear company-lseued hat with logo?

2. Does guard otherwise conform with proper uniform (clean/closed vest, ID badge, proper shoe& and clothing)?

3. Does guard report to work on time and remain at their location for the entire scheduled shift?

4. Dees guard give adequate notice in advance of requesting time off?

5. Does guard demonstrate the necessary strength and agility to perform job safely? I have had an opportunity to review and understand this evaluation of my performance. I have had an opportunity to ask questions and receive additional training where necessary. My signature below acknowledges my understanding of the job requirements outlined above.

EMPLOYEE NAME (Print) EMPLOYEE SIGNATURE DATE
-
--
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107. Crossing Procedures
Each intersection has its own unique characteristics and challenges. They vary in size and configuration, the number of pedestrians crossiog, the number and speed of the vehicles passing through, and the types of traffic control devices that may be present. However, even with these differences, the procedures for safely crossing pedestrians remain constant. Following are general instructions that apply to all intersections.

1. When assigned to cross only one crosswalk, position yourself at the side of the street closest to where the majority of the children approach to cross (known as the receiving end). This position will likely change for each shift depending on whether the students are traveling to or returning from school.
"I

2. If pedestrians will not cooperate with your s~ ,iy in.structions, you are not required to cross them. If fl>,j~eots who are unaccompanied by an adult refuse to foll~ Yl¼!r safety
instructions, you should contact your Area SupervRJsP191.; ~ C)l".'.}.

3. You must provide instruction to all pedestrians before• each cross. Instruct them to:
a. Remain on the curb until you direct them to cross
b. Look both ways before entering the crosswalk.

4. Do not stand In the street until you are in the act of stopping traffic.

5. Always look to the left, to the right, and back to the left again before stepping from the curb. Pay particular attention to vehicles that might be turning into the crosswalk.

6. As you are preparing to cross pedestrians, you begin a critical phase of a safe cross. You must make every effort to keep pedestrians on the curb until you have ensured the crosswalk is sa·fe.

This is accomplished by turning towards the pedestrians, giving them the instructions to "pleasewait until I call you" In a pleasant but authoritative voice and holding your hand up In a "STOP" command. If pedestrians are approaching from the opposite side of the street you must hold up your free hand, show them a "STOP" signal and give them Instruct to wait until called.

7. The next critical phase of a safe cross is when you determine it is safe to allow pedestrians to enter the crosswalk. As you are leaving the curb and taking the first few steps into the crosswalk, you must AGAIN turn towards the pedestrians, give them Instructions to ·wair and hold your free hand up in a "STOP" command. This procedure is critical when pedestrians do not respond to your first attempt to hold them to the curb.

8. Only after you have ~ecured the crosswalk may you allow pedestrians to leave the safety of the sidewalk by giving them a verbal command to proceed. If pedestrians are approaching from the opposite side of the street you must hold up your free hand, show them a "STOP" signal and continue to give them instructions to wait until you have secured the crosswalk and given them a verbal signal to proceed.

9. As you step from the curb the stop sign must be held above your head and faced towards oncoming vehicles so that drivers can easily see it. Always use the "curb cut" areas of the sidewalk if they are available. These gently sloped areas allow you to enter the crosswalk from street level without the need to step up or down. If a curb cut Is not available, always be very careful when stepping off from or onto the curb.

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10. After you have used your free hand to hold
pedestrians to the curb, continue to use a twohanded crossing procedure as you move into the crosswalk. Do this by outstretching your free arm
and using your hand to show vehicles a "STOP"
signal.
11 . Position yourself along the edge of the crosswalk
nearest the center of the intersection between
oncoming vehicles and the children. You must be
primarily facing towards the center of the
intersection and watching for vehicles
approaching the crosswalk from all directions.

12. When you've determined that the Intersection has
been secured and It's safe to do so, call the
pedestrians into the street with a verbal command
only (no hand signals). An example of such a
command is "look both ways and cross now".
~-rJhe ~f{f a~st degree of safety is provided by ACM ex'e fflij °j complete cross. When you are performing a complete cross you must establish lnfo'ym~ 'p8sition of control in the Intersection and remain alert for potential danger from all directions. When all lanes are controlled (including vehicles turning right in the lanes furthest away from you at the opposite end of the crosswalk) allow the pedestrians to pass you and proceed toward the safety of the curb on the opposite side. After the last pedestrian in the group has passed you, you should follow them to the end of the crosswalk, step onto the curb and lower your sign. Again, this is known as a complete cross.

14. In some instances, the number and frequency of the students crossing does not allow you to perform a complete cross and follow the pedestrians onto the curb at the opposite end of the crosswalk. If the safety of the students approaching at the receiving end would be jeopardized by you being on the opposite side of the street, you should perform a partial cross. This is accomplished by proceeding far enough into the intersection to control all lanes of traffic (including vehicles turning right in the lanes furthest away from you at the opposite end of the crosswalk) and then allowing the pedestrians to pass you and proceed safely onto the sidewalk at the opposite end of the crosswalk. Once they have reached the safety of the sidewalk, you should retum to your original position. If you are crossing only pedestrians approaching from the opposite side of the street, once they reach you in the crosswalk you should lead them back to the safety of the sidewalk at your original position.

15. Always remain alert for unresponsive and distracted drivers. Do not take for granted that approaching vehicles will stop - even when you are displaying the STOP sign. Establishing eye contact with drivers can help assure you that you have their attention. If a driver appears to be inattentive and not responding to your instruction to stop, be prepared to move the children and yourself out of harm's way!

16. Be especially alert for drivers who may be experiencing SUN BLINDNESS. Depending on the time of year, drivers will be affected by the glare of the sun differently. If you notice drivers that have the sun shining In their eyes (no sunglasses and light reflection off the dash on their face and/or direct sun in their eyes), be particularly careful that they are able to see you and that they have brought their vehicle to a complete stop before you allow any pedestrians to enter the crosswalk.

17. If you encounter pedestrians who do not respond to the safety instructions you give (as outlined above), you may make a decision to not cross them. If these pedestrians are adults, you have All City Management Services Employee Handbook Page 114 Updated 8.2014 7-19-22 I 4V-35
no enforcement authority to force them to cross with you. If the pedestrians are students you are assigned to protect, you should report the incident to your supervisor.

While these crossing procedures provide guidelines for
performance of your duties, the following list of "don'ts• must s i be considered as areas that will require your extra effort to avoid.

1. DO NOT direct traffic! It Is unlawful for you to direct traffic and motorists should always see and hear only a STOP command from Crossing Guards! Never give any signal fe)! motorists to move their vehicle, back up or proceed through the intersection. ~ ~ ijl

2. DO NOT start to cross until it is safe to do sol If there is a vehicle in the i~tilction or crosswalk that makes a safe crossing difftcult - do not start to cross! Wait for the-~~ection to clear. Always use your best judgment to evaluate every cross before you begin. 't. i~ ~~ 3. DO NOT allow children to run into the street or through the crosswalk.

4. DO NOT permit children to ride bicycles, skateboards, roller blades or scooters across the street The children must always WALK their bikes white In the pedestrian crosswalk.

5. DO NOT allow children to cross the street unassisted even If there are no cars in sight.

6. DO NOT unnecessarily hurry yourself or the children (except in an emergency).

7. DO NOT blow the whistle to call pedestrians into the street. Your whistle is for emergency purposes only.
107.1 Crossing Signalized Intersections
If you are assigned to an intersection where traffic control devices (signal lights) are Installed, the following general rules will apply.

1. If a push button is provided at the intersection to allow for pedestrian crossings, the guard must push the button and wait for the WALK prompt. The button must be activated to get the Increased time necessary for crossing. Do not activate the button if there are no pedestrians present.

2. The signal lights and WALK prompt should be regarded only as an opportunity to cross and not a command to do so. That is, all precautions must be taken to ensure that conditions are safe for entering the street and starting. the cross regardless of what the signal lights are displaying.

3. After completing a full cross at a signalized intersection, the Crossing Guard must activate the pedestrian crossing button and return to the receiving end at the next safe opportunity.
107.2 Crossing Non-Signalized Intersections
If you are assigned to an intersection where you must cross children without the benefit of signal lights the following general rules will apply.

1. Watch for a break in the flow of traffic. Patience in waiting for the right opportunity to enter the street equals increased safety in the cross. When a break is observed, raise the stop sign high above your head and enter the intersection as usual.

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2. If traffic volume is too heavy to allow for a break, one must be created. This is accomplished by extending your stop sign out in front of you (towards traffic) while remaining on the curb. Do not enter the street until the traffic has responded to your stop signal.

3. After completing a full cross at a non-signalized intersection, the Crossing Guard must wait for the next break in the flow of traffic to return safely to the receiving end. 107.3 ~rossing Two Crosswalks
If you are assigned to an intersection where you must cross two (2) crosswalks, this is referred to as an "L" cross.

1. The Crossing Guard at an "L" cross is always stationed at the place where the two (2) 11C!';swalks meet. Unlike crossing a single crosswalk, this is NOT always the area of the l~i~ection where the children approach to cross (the receiving end). V.,,t: I:>

2. It is01rta&..)j,aUy possible for the Crossing Guard working an "L" cross to complete a full cross.

The clZ'1\,:nlf,,__ is for the guard is to maintain control of the students as they arrive at the intersectio~ on"the opposite side of the street. This is accomplished by training the students to wait for you to call them into the street and always raising your hand in a STOP signal to pedestrians approaching the crosswalk.
107.4 Potential Problems
The following situations are provided to serve as guidelines which, when combined with your good judgment, will assist you in solving problems that might arise.

1. Uncooperative Student& - If students you are responsible for crossing refuse to follow your instructions, (e.g. entering the street too soon, riding bicycles, running, horseplay, etc.) you should contact your supervisor to discuss the situation. Your supervisor may ask you to attempt to find out the students' names and report them to the school principal.

Noncompliance with safety procedures is a dangerous situation requiring your attention.

2. Uncooperative Parents - Some parents escorting children fail to follow your safety instruction.

Ask for their cooperation In setting a good example for the children. Do not ask adults if they want you to cross them. Give everyone instructions in a friendly and professional manner in an attempt to gain their cooperation. Be aware that other children could be lured into crossing with an adult who may not be following your instructions. Always ensure that all unaccompanied students follow your Instructions.

3. Uncooperatiye Motorists - If you encounter motorists who repeatedly disregard your instruction and/or the law, you should attempt to identify the make, model and color of the vehicle, note the specific time period the offense occurs and report this information to your supervisor. If a motorist does not appear to be stopping when you are in the crosswalk, immediately attempt to move pedestrians and yourself to a place of safety. Attempt to get any identifying information such as the make, model and color of the vehicle. Report the incident and all information to your supervisor as soon as possible

4. Loitering ChUdren - You may not allow children to linger at your site. This would include your own children, any students you cross, or children brought to the intersection early or left late by parent$. You must encourage children to cross with you and continue on to their destination. If you experience problems with parents expecting you to supervise their children at your site before or after school, you should instruct the children to return to the school office and contact your Area Supervisor for assistance.

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5. Confrontations - In a job such as this you may be confronted by situations where individuals verbally and/or physically challenge your authority. If you should experience such a threat it is critical for you to remain calm and professional. Never approach a vehicle or pedestrian to argue or comment about their conduct. Contact your Area Supervisor immediately for assistance. Any potential physical confrontation or threat should also be reported to the Area Supervisor immediately.

6. Suspicious Situations - In your job you are often considered the eyes and the ears of the community. Always remain alert to your surroundings while on duty. Familiarize yourself with regular occurrences to better enable you to recognize situations that are out of the ordinary. If you observe any individual or vehicle that seems suspicious in any way, do not hesitate to report it to your Area Supervisor.

7. Construction - Construction projects sometimes interfere with established pedestrian traffic routes. If a construction project affects your site, gather all information possible about the location and length of the project and report it to your supervisor as soon as possible.

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Figure 1. Danger Zones from Turning Vehicles ~~ ~% 'Qcyt , ;,;, V. ,.,,. "> .k
Figure 1 represent$ an intersection where a Crossing Guard is assigned. In this example, assume that the Guard is crossing children from A to B.

DANGER ZONE #1 is created by vehicle #1 possibly entering the crosswalk while making a right turn. This motorist may attempt to turn right and while looking for oncoming traffic to his left, may not notice pedestrians in the crosswalk.

DANGER ZONE #2 is created by vehicle #2 making a left tum and possibly entering the crosswalk. At a signalized Intersection, this motorist may have a green light and may not notice pedestrians in the crosswalk.

DANGER ZONE #3 is created by vehicle #3 entering the crosswalk while making a right turn. If the intersection is controlled by a traffic signal, this motorist will have a green light and may not notice pedestrians in the crosswalk.

To ensure safety in each situation, the Crossing Guard must remain focused on potential dangers as the students proceed through the crosswalk. Eye contact with each driver, effective use of the stop sign, using your hand to signal the driver to stop and/or possible voice or whis~e signals are ways that the Crossing Guard has to prevent Inattentive drivers from endangering the pedestrians during the cross.

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108. Accidents and Emergencies
In the unlikely event that you experience an accident at your assigned intersection, there are very specific steps to follow that you must have committed to memory. During the confusion of an emergency is not a time to be unfamiliar with procedures.

1. You must keep with you at all times (while on duty) the phone numbers of Emergency Dispatch and the Main Office. In the event of any incident or emergency, you must contact either Emergency Dispatch or the main office immediately.

2. Act promptly but make every effort to remain calm. Your professional attitude and clear thinking may make the difference between safety and chaos in an emergency.

3. ANY incident that involves a pedestrian and a vehicle must also be immediately reported to the Police. If you are not abll.t'/~ summon the police personally without leaving your site, you must ask someone to call "911 ifJll..~ ¥0.Iu. Often someone at the scene has a cellular phone and will offer to make the emer~~ II. ¾ O.or.·

4. When you (or the person you have ctl1~jlted) reach the police, request the dispatch of an officer and an ambulance (if necessary). 'J.-

5. Do not administer first aid unless you are qualified to do so.

6. Do not move any injured person, even if they are lying in the street. Take every precaution to protect the injured from oncoming traffic.

7. The safest action is to use all means at your disposal to keep the injured warm, comfortable and still.

8. Remember, your primary responsibility is always the safety of pedestrians and your primary focus must remain with them. Do not allow pedestrians at the scene to linger as spectators.

Firmly, but courteously, direct them to proceed to their destination.

9. Do not discuss details regarding what you have seen with anyone at the scene. You should provide information only to the police. Do not interview any other witnesses at the scene. 1 O. If any persons involved in an accident appears to be leaving the scene and the police have not yet arrived, If you can safely do so, attempt to get important information about the vehicle, driver and/or witnesses.

11. In the event of a less serious injury not involving a motor vehicle (e.g. child trips and falls), you may rely on your best Judgment as to the course of action. Keep in mind that you can always send a messenger to the school site to ask for assistance.

12. Remember, NEVER transport a child in your personal vehicle.

13. If you are injured on duty and require immediate assistance, call or ask someone to call 911.

An ambulance will take you to an emergency room for your initial treatment. If you are injured on duty and do not feel It is an emergency, you must contact your supervisor or the main office (800-540-9290) as soon as possible. You may choose a doctor from the ACMS Medical Provider Network or you will be referred to an appropriate facility by the Main Office.

Report any INJURIES Immediately!
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109. Workers' Compensation
As an ACMS employee any injury that occurs while you are working is covered by our Workers' Compensation Insurance. Please refer to the brochures you were issued at the time of employment regarding your Worker's Compensation rights and responsibilities.

A report will be completed indicating the details of your accident and/or you will be asked to write a statement regarding your injury. You will need to describe in detail what happened to cause the injury and include information on where and when the incident occurred.If you are asked to complete a report f~r you have doctor's work status information, promptly mail it to:
1, l'.i',o Workers' Compensation Manager "lo. r0 All City Management Services, Inc. ,..'»q ~Ii~ 10440 Pioneer Boulevard, Suite 5 ~o, l· I),, Santa Fe Springs, CA 90670 ACMS employees are entitled to receive medical treatment from a physician of their choice only if they have notified the Company in writing of that physician's name and address prior to being injured.

Our insurance company has a Medical Provider Network (MPN) that must be used for all work related injuries/illnesses other than medical emergencies.

If you would like another copy of the pamphlets "Medical Provider Network" and "Guide to Workers' Compensation," please contact the main office at the number(s) noted above.

An accident or incident must be reported to your supe,visor or manager or another member of management immediately. This policy is important to the safety and well-being of all our employees in order to ensure a continued safe and successful operation.

If you are involved in or are a witness to an accident or incident, you are required to provide information in order for the appropriate report to be completed. Please be aware of the importance of immediate action In reporting all details of the accident.

Injury Treatment: If you are injured on the job, the Companies prime concern is to provide you with the best medical care available.
• S1ri0U8 ::t 911 : If the injury is very serious and requires immediate attention or if it occurs when the closest medical provider is closed or unavailable, contact 911 and you will be taken to the nearest emergency room.
• Less Serious: If your injury is less serious and does not require you to contact 911, you must notify your Area Supervisor or the Main Office as soon as possible. If you are unable to reach your supervisor, you must contact the Main Office (800-540-9290 or 310-202-8284). When contacting the Main Office, ask to speak to the Workers' Compensation Manager. • Treatment: If you are not satisfied with the initial MPN doctor, diagnosis, and/or treatment, please contact the Main Office immediately at (800) 540-9290. You may choose another doctor from the MPN.
• Follow-Up Treatment: All injured employees must follow the doctor's order of treatment. Failure to do so may result In the loss of benefits.
• Company Notification: If the doctor orders you to take time off from work due to an on-the-job injury, you must contact your supervisor or manager immediately. You should advise them of your progress and expected date of return.
• Light Duty: We want you back to work as soon as possible. If you are not able to return to your regular duty, we may consider you for a light duty schedule. Your doctor and the Company will determine which jobs you can perfonn.

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110. Important Phone Numbers and Contact Information
EMERGENCY NUMBERS:

If you carry a personal cell phone, it may prove helpful for you to program into that phone the number of the dispatch desk of your local Police Department. This number should only be used while on duty if you experience an emergency requiring immediate Police Assistance. Consult your supervisor for the correct phone number in your area and record it here:

LOCAL POLICE DISPATCH NUMBER: _______________ _
EMERGENCY RESPONSE (Fire, Ambulance, Police, Rescue): DIAL 911 CONTACT INFORMATION:

Supervisor's Name 41c~
~ 1.S'~
Supervisor's Phone
:a ro ~~ Regional Manager's Name cSi~0 )~~ ~ :,.. Regional Managers Phone Operations Manager's Name Operations Manager Phone
ASSIGNMENT INFORMATION:

City or Assignment
Intersection of Assignment
Name of School(s) Served
Phone Number(s} of Schools Served
ShlftTimes IN OUT IN OUT IN
Regular Schedule
Other Schedule 1
Other Schedule 2

MAIN OFFICE PHONE NUMBER
Toll Free from Any Phone
24 hours a day ... 7 days a week
800-540-9290
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OUT IN OUT
Updated 8.2014
7-19-22 I 4V-42
SECTION. TWO - GENERAL COMPANY OPE_~_....,. Tl,.;:c. O.;..;;. N ..... S _ _ _ _ _ _ - 111. Equal Employment Opportunity
The Company is committed to a policy of equal employment opportunities for all applicants and employees. All employment decisions will comply with the applicable laws prohibiting discrimination in employment, Including, but not limited to, all applicable provisions of Title VII of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990 and all corollary state equal employment opportunity statutes.

This policy applies to recruiting, hiring, job assignments, supervision, training, upgrading, transfers, compensation, promotions, education, termination, benefits, planned recreation and any other term, condition or privileges of employment, regardless of race, creed, color, national origin, sex, age, or mental or physical disability.
~
'1.,
Employees who believe t.hey are being discrimi ~ gainst by a co-worker, manager, supervisor or other individual (whether employed by the co !"-,~r not) or who believes their employment is adversely affected by such conduct, should report s~ h-?:t9cidents either to a managing representative or the Human Resources Department. A prompt and ~r(l~gh investigation of their complaint will be conducted. ~ ()!:?-
Employees who file a complaint under the policy will not be transferred, denied a raise, have their hours reduced, or be fired or punished in any other way because of their registering a complaint with management.

Where possible, reasonable accommodations that enable a qualified applicant with a disability to be considered for a position will be provided.
112. Employment At-Will
Employment with the Company is, and is intended to be, at-will. Accordingly, either the employee or the Company has the right to terminate the employment relationship at will, at any time, for any or no reason, with or without notice. Employees also may be demoted or disciplined and the terms of their employment may be altered at any time, with or without cause, at the discretion of the Company.

Nothing contained herein is intended to create, imply or represent a contract of employment. There is no agreement, express or implied, between the Company and any employee for any specific period of employment, or for continuing or long term employment. No one other than the General Manager of the Company has the authority to make any agreement for employment other than employment "at-will", or to make any agreement limiting the Company's discretion to modify terms and conditions of employment. Only the General Manager has the authority to make any such agreement and then only in writing.
113. Integration Clause and the Right to Revise
This handbook contains the employment policies and practices of the Comp11ny in effect at the time of publication. All previously issued handbooks and any inconsistent policy or benefit statements or memoranda are superseded. Circumstances wlll obviously require that the policies, practices and benefits described in this handbook change from time to time. Therefore, the Company reserves the right to amend, modify, rescind, delete, supplement or add to the provisions of this handbook as it deems appropriate from time to time in its sole and absolute discretion. However, any such changes must be in writing and must be signed by the General Manager of the Company. The only policy that cannot and will not be changed is the at-will policy (described above).

Any written changes to this handbook will be distributed to all employees so employees will be aware All City Management Services Employee Handbook Page (22 Updated 8.2014 7-19-22 I 4V-43
of the new policies or procedures. No oral statements or representations can in any way change or alter the provisions of this handbook. This handbook sets forth the entire agreement between each employee and the Company as to the duration of employment and the circumstances under which employment may be terminated. Nothing in this employee handbook or in any other Personnel document creates or is intended to create a promise or representation of continued employment for any employee.
114. Unlawful Harassment
The Company Is committed to maintaining a work environment that is free of discrimination and harassment. In keeping with this commitment, we will not tolerate unlawful harassment of our employees by anyone, including any supervisor, co-worker, or third party. Harassment consists of unwelcome conduct, whether verbal, physical or vis~ I, that is based on a person's race, color, national origin, ~.ellgion, age, sex, gender, disability, o.r. velelirJl ~tatus. Harassment that affects job benefits, Interferes with an individual's work performance, or ~ !\\Wes an intimidating, hostile, or offensive work environment will not be tolerated. ,S ,,o . . ~%
Harassment may include derogatory remarks, epithets~el~matory or abusive words or phrases), offensive jokes, the display or circulation of offensive prlnt~'ct. ~~ual or electronic, or offensive physical actions. "J;..

Sexual harassment deserves special mention. Unwelcome sexual advances, requests for sexual favors, or other physical, verbal or visual conduct based on sex constitutes harassment when (1) submission to the conduct is required as a term or condition of employment or is the ba1is for employment action, or (2) the conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive workplace. Sexual harassment may include sexual propositions, innuendo, suggestive comments, sexuaHy oriented jokes or teasing, or unwelcome physical contact such as patting, pinching, or brushing against another.

All Company employees are responsible for helping to enforce this policy against harassment. Any employee who has been the victim of prohibited harassment or who has witne1sed such harassment must immediately notify their supervisor In writing so the situation can be promptly investigated and remedied. If it is the supervisor who Is responsible for the harassment or reporting the situation to the supervisor fails to remedy the situation, complaints of harassment must immediately be reported to the Human Resources Department. (Please See Section 116 for additional details on the Internal Complaint Procedure).

It is Company policy to investigate all harassment complaints thoroughly and promptly. To the fullest extent practicable, the Company will maintain the confidentiality of those involved. If an investigation confirms that unlawful harassment has occurred, effective remedial action will be taken in accordance with the circumstances involved. Remedial action may include disciplinary action up to and including immediate termination of employment. A Company representative will advise all parties concerned of the results of the Investigation.

The Company forbids retaliation against anyone who has reported harassment or who has cooperated in the investigation of harassment complaints. Discipline up to and including immediate termination will be a consequence for any employee who retaliates.

Employees must immediately contact their supervisor or another member of management if they have concerns about this policy, feel they have been harassed or have witnessed someone else being harassed.

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115. Workplace Violence
The Company is committed to providing a safe, violence-free workplace. In this regard, the Company strictly prohibits employees, consultants, customers, visitors, or anyone else on Company premises or engaging in a Company-related activity from behaving In a violent or threatening manner. Moreover, as part of this policy, the Company seeks to prevent workplace violence before it begins and reserves the right to deal with behavior that suggests a propensity towards violence even prior to any violent behavior occurring.

The Company believes that prevention of workplace violence begins with recognition and awareness of potential early warning signs and has established procedures within Personnel for responding to any situation that presents the possibility of violence.

Workplace violence includes, but is not limited to, the following:
• Threats of any kind; .,.,,, ('
• Threatening, physically aggressive, or violent behavior, such as i9,t~dation of or attempts to instill fear in others; '¼\ '°~
• Other behavior that suggests a propensity towards violence, whict?!~~clude belligerent speech, excessive arguing or swearing, sabotage, or threats of sabotage"at: co,qipany property, or a demonstrated pattern of refusal to follow Company policies and procedures';· , Defacing Company property or causing physical damage to the facilities; or • Bringing weapons or firearms of any kind on Company premises, in Company parking lots, or while conducting Company business.

If any employee observes or becomes aware of any of the above-listed actions or behavior by an employee, customer, consultant, visitor, or anyone else, he or she should notify someone in the Personnel department Immediately.

Further, employees should notify their Supervisor or Operations Manager if any restraining order is in effect, or if a potentially violent non work-related situation exists that could result in violence in the workplace. All reports of workplace violence will be taken seriously and will be Investigated promptly and thoroughly. In appropriate circumstances, the Company will inform the reporting individual of the results of the investigation. To the extent possible, the Company will maintain the confidentiality of the reporting employee and of the investigation. The Company may, however, need to disclose results in appropriate circumstances, for example, In order to protect individual safety. The Company will not tolerate retaliation against any employee who reports workplace violence.

If the Company determines that workplace violence has occurred, the Company will take appropriate corrective action and will impose discipline on offending employees. The appropriate discipline will depend on the particular facts but may include written or oral warnings, probation, re-assignment of responsibilities, suspension, or termination. If the violent behavior is that of a non-employee, the Company will take appropriate corrective action In an attempt to ensure that such behavior Is not repeated.

Under certain circumstances, the Company may forego disciplinary action on the condition that the employee takes a medical leave of absence. In addition, the Company may request that the employee participates in counseling, either voluntarily or as a condition of continued employment.

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116. Internal Complaint Procedure
116.1 Purpose and Scope
The purpose of the "Internal Complaint Procedure" policy is to afford all employees of the Company the opportunity to seek Internal resolution of their work-related concerns. 116.2 Procedure
Employees should file written complaints with their Operations Manager as soon as possible after the events that give rise to the employee's work-related concerns. The written complalnt should set forth in detail the bases for the employee's complaint.

The Operations Manager will date and log all written complaints and send the employee an acknowledgment that the complaint is under review. The Director of Operations or his/her designee will Investigate the complaint, meeting separately with the employee and with others who are either named in the complaint or who may have knowledge of the facts set forth in the complaint. The Company will attempt to treat all internal complaints and their investigation as confidential, recogniiing, however, that in the course of investigating and resolving Internal complaints some dissemination of information to others may be necessary or appropriate. When appropriate, the Company may use the services of a neutral, third party to conduct the investigation. On completion of the investigation, the Director of Operations will re,tqrt his/her findings and conclusions to the employee. _;,t,,,I°'
'1')~\J~
0 , .. 116.3 Non-Retaliation '7>_, ~
~~ ~
Employees will not be disciplined or otherwise penalized for 'r'od~i!}9 a complaint. If an employee believes that he or she is being retaliated against for lodglng a complaint, the employee should immediately notify the Operations Manager.
117. Dispute Resolution
If there is any dispute arising under or Involving any provision of this Handbook or any dispute regarding employment, the Employee and the Company agree to submit any such dispute to mediation before a neutral mediator, mutually selected by the parties. The cost of the mediation will be borne by the Company.

Should the dispute not be resolved in mediation, then the Employee and Company agree to submit the dispute (with the exception of claims for Workers' Compensation, unemployment insurance and any wage and hour matter within the jurisdiction of the Employee's applicable state labor agency, to binding arbitration pursuant to the provisions of the Federal Arbitration Act, 9 U.S.C. Section I, et seq. or, if applicable, to the provisions of any arbitration rules or regulations in the Employee's state, within one year of the date the dispute first arose, or within one year of the termination of employment, whichever occurs first; provided, however, that if the employee's claim arises under a statute providing for a longer time to file a claim, that statute shall govern.

If the Employee and the Company are unable to agree on a neutral arbitrator, the Company will obtain a list of arbitrators from the Federal (or applicable state) Mediation and Conciliation Service.

All City Mana1ement Services Employee Handbook Page I 25 Updated 8,2014 7-19-22 I 4V-46
Employee (first) and then the Company will alternately strike names from the list until only one name remains: the remaining person shall be the arbitrator. Arbitration proceedings shall be held at a location mutually convenient to the employee and the Company.

Following a hearing conducted by the arbitrator, in a manner to be determined as mutually agreed to by the parties and/or by the arbitrator, the arbitrator shall issue a written opinion and award that shall be signed and dated. The arbitrator's opinion and award shall decide all issues submitted and shall set forth the legal principles supporting each part of the opinion. The arbitrator shall be permitted to award only those remedies in law or equity which is requested by the parties and which the arbitrator determines to be supported by the credible, relevant evidence.

Each Employee and the Company agree that arbitration shall be the exclusive forum for resolving all disputes arising out of or involving the Employee's employment with the Company or the termination of that employment (with the exception of claims for Workers' Compensation, unemployment insurance and any wage and hour matter within the jurisdiction of the Employee's state labor agency); provided, however, that either party may file a request with a court of competent jurisdiction for equitable relief, including but not limited to injunctive relief, pending resolution of any dispute through the arbitration procedure set forth herein. If the Company does not receive a written request for arbitration from the employee within one year from tl;\t date of the employee's termination, the employee agrees that he/she wlll have waived any right t~~se any claim, in any forum, arising out of the termination of employee's employment. "?. <Si
~~ Nothing in this Handbook shall be construed as precluding~ employee from filing a charge or complaint with the Equal Employment Opportunity Commission ·(gs"t;>C), the National Labor Relations Board (NLRB) or any other similar state or federal agency seeking_ administrative resolution of a dispute or claim. However, any claim that cannot be resolved aoministratively through such an agency shall be subject to this arbitration policy.

The employee and the Company shall each bear their own costs for legal representation at any such arbitration and the cost of the arbitrator, court reporter, if any, and any incidental costs of arbitration.

The employee and the Company hereby agree that nothing contained herein shall preclude either party from obtaining injunctive or other equitable relief to restrain violations of this Handbook or applicable law or to preserve the status quo pending the arbitration of any disputes subject to this section.

Nothing contained herein shall be deemed to alter or modify the Company's policy of at-will employment. Employment at the Company is at-will E:1nd can be terminated by either the Employee or the Company at any time, with or without cause or notice.

The Employee and the Company hereby agree that this section shall survive the termination of the Employee's employment and shall survive the amendment and/or revocation of any of the provisions of this Handbook.

The Employee's signature on the Acknowledgment and Receipt form provided at the time of their employment shall be deemed each Employee's certification that he or she has read the foregoing arbitration provision, that each employee understands such provisions and agrees to be bound thereby.

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118. Employee Information & Personnel Records
The Company is required to maintain personnel records for applicants, employees and past employees in order to document employment-related decisions, evaluate and assess policies, and comply with legal record keeping and reporting requirements. We attempt to balance need to obtain, use, and retain employment information with a concern for individual employee rights of privacy; therefore, all personnel information is closely controlled. Personnel files are the property of the Company and may not be removed from the Company's premises without written authorization from the Office Manager.

It is the responsibility of the employee to keep the Company personnel files updated. The following information must be provided at the time of employment and any changes to original information should be submitted promptly to the Company by the employee in writing:
• Name; address; telephone number; marital status (for benefits and tax withholding purposes only); number of dependents; addresses and telephone numbers of dependents and spouse or former spouse for Insurance purposes only; beneficiary designationsJor any of the company's insurance, disability, pension, and profit-sharing plans; and persons fcYd3J. notified in case of an emergency. ~ \S'
"'~ ,<).
• In addition, employees who have a change in the number of dependent~~ :?iuarital status must complete a new Form W-4 for income tax withholding purposes within ·t1,.Q> days of the change, if it results in a decrease in the number of dependents. 1 The Company will not normally release personnel Information, other than date of hire, date of termination, and position held. Any other requested information will not be released unless employee authorizes release in writing. Exceptions may be made to cooperate with investigations and/or compulsory (required/obligatory/necessary) processes by federal, state, and local government agencies that provide proper identification and proof of legal authority. Any request for Information from Personnel files must be directed to the Office Manager. Only the Office Manager is authorized to release information about current or fomier employees.

The Company reserves the right to seek advice of legal counsel. We may, subject to local, state or federal laws, permit a government investigator to review a personal file.

Employees have a right to inspect certain documents in your Personnel file, as provided by law, in the presence of a Company representative at a mutually convenient time during regular business hours of the Company. No copies of documents of an employee's file may be made, with the exception of documents that have previously signed. Employees may add your version of any disputed Item to the file. An employee may inspect only his or her own Personnel file. 119. Drug and Alcohol Abuse
The Company encourages personal health and is committed to providing a safe and productive work environment for all of its employees.

Alcohol and drug abuse pose a threat to the safety and health of employees, customers, the community and the security of company equipment and facilities. Due to these threats, the Company will not tolerate on premises or on-duty use, possession, or distribution of illegal drugs or alcohol or the abuse of inhalants.

Whenever employees are present on Company or client premises, are working, operating any company vehicle, or are conducting company related work off-site, they are prohibited from:

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• Being under the influence, using, possessing, buying, selling, manufacturing or dispensing an illegal drug or controlled substance or inhalant;
• Having possession of drug paraphernalia; and
• Being under the influence, possessing or consuming of alcohol.

The presence of any detectable amount of any illegal drug or illegal controlled substance in an employee's body system, while performing company business or while in a company facility, is prohibited.

At the request of the Company, based on reasonable suspicion or evidence of illegal sale, possession, or use of controlled substances, employees must submit to a search of • Items within the employee's work area,
• Any personal vehicle brought on company premises or worksites by employee, • Any company vehicle used or assigned to employee, and • Any company locker or area used by the employee.

The Company will also not allow any employee to perform their duties while taking prescribed drugs that are adversely affecting the employee's ability to safely and effectively perform their job duties.

Employees taking a prescribed medication must carry it in the container labeled by a licensed pharmacist or be prepared to produce this if asked. Prescribed drugs shall not be brought on company premises by any person other than the person for whom the drug is currently prescribed by a licensed medical practitioner and shall be used only in the manner, combination, and quantity prescribed.

Any Illegal drugs or drug paraphernalia will be ti1itt!jd over to an appropriate law enforcement agency and may result in criminal prosecution. ~ ~~
• ?;?,: -~
An employee's conviction on a charge of illegal sa~~J~ssession of any controlled substance while off Company property will not be tolerated because , ·uo~ conduct, even though off duty, reflects adversely on the Company. In addition, the Comparfy ;\ist keep people who sell or possess controlled substances off the Company's premises In order to keep the controlled substances themselves off the premises.

Employees must notify the Company of any conviction under a criminal drug statute for a violation occurring In the workplace or during any Company-related activity or event. Employees must notify the Company within five days after any such conviction. When required by federal law, the Company will notify any federal agency with which it has a contract of any employee who has been convicted under a criminal drug statute for a violation occurring in the workplace.

Employees will be terminated if they use illegal drugs or alcohol or Inhalants while on-duty or if they use them off duty and report for work under their influence. The illegal use, sale, trade, or delivery of a drug or controlled substance or the illegal possession of same on or off duty is cause for termination.

Applicant Testing: All persons who seek employment for any position may be required to submit to drug testing only after a conditional offer of employment has been made. Collection sites, laboratory locations, the Medical Review Officer ("MRO"), and record keeping wlll all follow the guidelines set forth in this policy.

Employee Tasting: All employees will be required to submit to the following tests:
• Post-Accident Testing: Drug and/or alcohol testing, concurrent with treatment for injury or as soon as practicable after non-injury property damage, will be required if the employee (1) Has sustained a personal injury or caused a co-worker or any other person to be injured or; (2) Has caused a work-related accident or was operating or helping to operate machinery, equipment, or a vehicle involved in a work-related accident or in damage to property.

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• Reasonable Suspicion Testing: Drug and/or alcohol testing may be required if an employer has a "reasonable suspicion," based on specific facts and rational inferences from those facts, that an employee (1) Is under the influence of drugs or alcohol or; (2) Has violated the company's written work rules against the use, possession, sale, or transfer of drugs, alcohol, or inhalants. • Random Testing: At the discretion of management, employees may be required to participate in random, spot-check drug screens. Drug tests are unannounced and every employee has an equal chance of being selected for testing.
• Retum-to-Duty/Follow-Up Testing: the Company may conduct follow-up testing as pennitted and/or required by law. Any positive test during this period will result in tennlnation without notice.

All test results and related information will be maintained and treated as confidential, with distribution limited to those having a "need to know.• Such records are property of the Company, but may be made available to the applicant or employee upon his or her request for inspection or copying.

Applicants and employees who refuse to submit to testing or who adulterate, dilute, or otherwise tamper with a test specimen or have a positive test result that is confinned in accordance with federal, state, and local rules and regulations will be denied employment or will be subject to immediate termination from employment. Unless otherwise prohibited by law, any employee who is terminated from employment In accordance with this policy is considered to have been terminated for misconduct, and will not be eligible to collect unemployment co"JP,ensation benefits.

C•
Applicants and employees who refuse to submit to J~~g acknowledge and agree that such refusal is accepting a positive test result. ,."o~ ~- • .,, r
; ,,
The Company will not take any action under this policy rfi·-,~lation of the Americans with Disabilities "') ~ Act or any other law. ', :'.t, .

In accordance with federal, state, and local regulations, the Company has the right to make changes to this policy at any time. If any part of this policy is determined to be void or unenforceable under state or federal law, the remainder of the policy, to the extent possible, remains in full force and effect. 120. Prescription or Over-the-counter Drugs
Any employee who is using prescription or over-the-counter drugs that may impair the employee's ability to safely perform the job, or affect the safety or well-being of others, must notify a supervisor of such use immediately before starting or resuming work.

Nothing in this policy is intended to prohibit the customary and ordinary purchase, sale, use, possession, or dispensation of over-the-counter drugs, so long as that activity does not violate any law or result in an employee being impaired by the use of such drugs In violation of this Policy. 121. Termination
Since employment with the Company is based on mutual consent, the employee and the employer have the right to terminate employment at will, with or without cause, at any time. Tenninations are an Inevitable part of Personnel activity within any organization. There are a number of reasons for which an employee may be terminated, including but not limited to resignation, termination for cause (due to breach of Company policies or other matters set forth in this handbook), layoffs due to nondisciplinary reasons, and retirement Initiated by an employee.

Terminated employees will receive their final pay in accordance with applicable state law. All Company owned property must be returned immediately upon te"!lination of employment.

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121.1
The Company will consider an employee to have voluntarily terminated his or her employment if an employee does any of the following:
• Elects to voluntarily resign from the Company;
• Fails to return from an approved leave of absence on the date specified by the Company; or • Fails to report to work for any shift and has not contacted their supervisor within three (3) hours of the time their shift was scheduled to begin.
121.2 Involuntary Termination
An employee may be terminated involuntarily for reasons that may include poor performance, misconduct, or other violations of the Company's rules of conduct as set forth below. Notwithstanding this list of rules, the Company reserves the right to discharge or demote any employee with or without cause and with or without prior notice.
122. Rules of Conduct
Employees are expected to observe certain standards of job performance and good conduct. When performance or conduct does not meet Company standards, the Company will endeavor, when it deems appropriate, to provide the employee a reasonable opportunity to correct the deficiency. If, however, the employee fails to make the correction, he or she will be subject to discipline up to and including termination.

Examples of Impermissible conduct that may lead to disciplinary action and/or termination are Identified below to promote understanding of what is considered unacceptable conduct and to encourage consistent action by the Company in the event of violations. However, it is impossible to provide an exhaustive list of types of conduct and performance that may result In disciplinary action.

Therefore, employees should be aware that conduct not specifically listed below but which adversely affects or is otherwise detrimental to the interests of the Company, other employees, or customers, may also result in disciplinary action and/or termination. This policy serves as a guideline only and in no way alters or nullifies the Company's policy of at-will emP,loyment. Either you or the Company is free to terminate the employment relationship at any time, wi~r without cause or advance notice . .,;...U' ·~ -0
122.1 Job Performance ¾ •'b
~~...,. Employees may be disciplined for poor job performance, including-J't:,~\ ot limited to the following:
~
• Unsatisfactory work quality or quantity;
• Poor attitude (for example, rudeness, lack of cooperation, or insubordination); • Excessive absenteeism, tardiness;
• Failure to follow Instructions or Company procedures; or • Failure to follow established safety regulations.
122.2 Prohibited Conduct
Employees may be disciplined for misconduct, including but not limited to the following:
• Smoking while on duty;
• Falsification of employment records, employment infonnation or other Company records; All City Management Services Employee Handbook Page IJO Updated 8,2014 7-19-22 / 4V-51
• Disclosing or using confidential or proprietary information without authorization; • Engaging in an act of sabotage; negligently causing the destruction or damage of company property, or the property of fellow employees, customers, supplies or visitors in any manner; • Theft or unauthorized possession of company property or the property of fellow employees; unauthorized possession or removal of any company property, including documents, from the premises without prior permission from management; unauthorized use of company equipment, time, materials, facilities or property for personal reasons, using company equipment for profit; • Provoking a fight or fighting during working hours on or off Company property; • Participating in horseplay or practical jokes on Company time on or off Company property; • Carrying firearms or any other dangerous weapons while on dllt on or off Company premises at any time; ;:: ·1;1.!'
• Engaging in criminal conduct whether or not related to job perfor~ ~o$; ';> ~ ... • Spreading malicious gossip and/or rumors: engaging in behavior whic~· f~ites discord and lack of harmony; interfering with another employee on the job; restricting worR oltlput or encouraging others to do the same;
• Causing, creating or participating in a disruption of any kind while on duty; • Insubordination, including but not limited to failure or refusal to obey the orders or instructions of a supervisor or member of management, or the use of obscene, abusive or threatening language or rudeness toward a supervisor or member of management; • Failure to observe rules, policies and procedures of the Company, including safety regulations, as well as the failure to promptly report an on-the-:iob Injury or accident involving an employee, customer, visitor, equipment or property;
• Failure to notify a supervisor when unable to report to work; • Excessive absenteeism or tardiness;
• Failure to observe working schedules, including rest and lunch periods, including the failure to report for work or call in to report absence;
• Failure to provide a physician's certificate when requested or required to do so; • Sleeping or malingering on the job;
• Wearing extreme, unprofessional or inappropriate styles of dress or hair while working; • Violation of any safety, health, security or Company policies, rules or procedures; • Committing a fraudulent act or a breach of trust under any circumstances; • Engaging in unlawful harassment;
• Possession, sale or use of illegal drugs or alcohol while on duty, or reporting to work under the influence of alcohol or any unlawful drugs, or any arrest for the use, possession or sale of illegal drugs on or off the job;
• Failing to report to the Company, within 5 days, any conviction under any criminal drug statute for a violation occurring in the workplace.

I .

All City Management Services Employee Handbook Updated 8.2014 7-19-22 / 4V-52
122.3 Attendance and Punctualitx
As an employee of the Company, your attendance and punctuality is critical. To be part of a successful team and maintain a safe and productive work environment, the Company expects employees to be reliable and punctual in reporting for work. Employees are expected to be available for work as scheduled, report on time and be ready for work. The Company has a zero tolerance policy for being tardy.

For example, if an employee's shift begins at 8:00 A.M. and he or she begins work at 8:01 A.M., then that employee is tardy.

There are three categories that define occasions when an employee might be absent from their assigned duties:
• Request for Time Off: a Request for Time off must be made at least 48 hours In advance of the expected absence. If replacement personnel can..-1P, Identified and normal operational standards can be met during the period of absence wit'l'l'4'& compromise to safety, a Request for Time off may be granted. "t)/21 ·'°~
<..,.r. ' o
• Absence: any request for time off made with less advance ~b1J°~ ~n defined in paragraph 1, will be considered an absence. ~
o Excused absence: An excused absence may be granted If replacement personnel can be identified and nonnal operational standards can be met during the period of absence with no compromise to safety.
o Unexcused absence: An unexcused absence is when an employee has been denied any request to be absent from their assigned duties and yet fails to report to work as scheduled.

Unexcused absences result in mandatory disciplinary action up to and including termination of employment.
• Excused and unexcused absences interfere with operational standards and compromise safety. As a result, excessive absenteeism (whether excused or unexcused) may result in further disciplinary action, up to and including termination of employment. The Company defines excessive absenteeism as three (3) or more absences in a period of 30 work days.

Employees who are absent for three (3) or more hours after the start of their scheduled shift time without notifying management are subject to immediate termination as a voluntary quit (no call no show).
122.4 use of Personal Electronic Devices
Employees are prohibited from using personal electronic devices (with or without headphones or wireless ear devices) while they are working. These personal devices Include, but are not limited to, cell phones and Bluetooth devices, PDAs, MP3 players, radios, CD players, video games, video recorders, and cameras. While working, employees are restricted from using any telephone (personal or Company owned) for personal business.

All City Mana1ement Services Employee Handbook Page 132 Updated 8,2014 7-19-22 I 4V-53
122.5 Social Media & Internet Use
The Company may network, market and conduct business online through use of social media. Social Media includes but is not limited to the following online sites (including company websites): YouTube; My$pace; Facebook; Linkedln and Twitter, Employees may be asked to participate in online postings and other forms of online communication through use of social media to promote and support The Company business. Employees engaged in online communication using social media, both on-duty and off-duty, are expected to act in the best interests of The Company.

Employees are prohibited from behaving inappropriately when they are using social media to conduct business or communicate on behalf of the Company. Inappropriate online behavior includes but is not limited to the following: offensive language; verbal abuse or threats; violence; sexual or other forms of harassment; discrimination; Intimidation; or the subjection of another person to inappropriate, abusive, threatening, or demeaning actions. Inappropriate online employee behavior, both on-duty and off-duty, is subject to disciplinary action up to and including termination.

Employees are prohibited from using social rrfEt.,dia for personal use while on company time.

The Company reserves the right to monitor a'ri:~~~ect employee use of the Internet accessed from company equipment and all forms of communicaf~J", 2e using company equipment. ~b. C'l~
The Internet can be described as a union of the telepho~ . mail, television, radio, and any type of remote communications that can be carried out via the Internet. Even though there is no set of laws specifically regulating participation on the Internet (such as postal regulations), there is Netiquette.

Netiquette describes the code of conduct all members of the Internet community expect from one another. Underlying all of them are three (3) primary tenets: don't break the law, be a good neighbor, and please use good judgment. Nothing in this policy should be deemed to prohibit an employee from conduct protected by state or federal law.

Activity based, in any part, on the Company Internet connection, if applicable, should not be considered confidential. This also includes the possibility of inspection of any mail and/or files tagged with an employee's user identification. The Company expressly reserves the right to monitor all Internet activity using their company Internet connection, to search an employee's computer and Internet files, and to report any illegal activities to the appropriate authorities.

Use of Company Internet access is strictly limited to company business. Employees are not to use Internet access for personal business at any time without the approval of management. Internet access origination at the Company is a privilege that may be withdrawn at any time.

Employees are prohibited from any activity that is contrary to state or federal law, including distributing or obtaining copyrighted software or information without proper authorization from the copyright holder.

Do not engage in any activity that could be construed as hostile to another company or institution. An example of this is making attempts to gain unauthorized access to another company's systems and/or information.
123. Payroll
All City Management Services pay periods are considered bi-weekly and pay is provided the Friday following the end of the pay period. All Crossing Guards will be provided with a yearly Pay Period Schedule, This schedule outlines the beginning and ending of each pay period along with the date of each payday.

Deductions from Wages: Deductions will be made from an employee's gross wages as required by law including, but not limited to, the following:

All City Management Services Employee Handbook Page 133 Updated 8.2014 7-19-22 I 4V-54
• Applicable federal income tax
• Social security tax (OASDI and Medicare portions of FICA} • Applicable state and city taxes
• Court ordered child support
• IRS wage garnishments
• Student loan garnishments
• Other such legally mandated deductions
These garnishments are required by law and will be followed as required. Employees that disagree with garnishment deductions should contact the authority that initiated the garnishment. No deductions will be made for other miscellaneous transactions unless permitted by law.

Every employee must fill out and sign a federal withholding allowance certificate (IRS Form W-4} on or before the employees first day of employment. Deductions will be made at the highest rate permitted by law for every employee who fails to fill out a Form W-4.

If an employee elects to participate in health or supplemental coverage and/or Individual Retirement Accounts {if eligible and available), deductions may be made based on the employee's written instructions and authorization.

Employees who believe that an improper deduction has been made from their wages should discuss it with their supervisor or manager personally or present it in writing before the next regular pay period. If an investigation reveals that a deduction was made in error, the Company will reimburse the employee for any improper deductions 81\t isike good faith efforts to prevent improper deductions in the future. 111s
124. Time Sheets lnr,0 .ot0,_ .. r~ r.!ft(Sl1,
All employees are required to keep aW~>,uYite record of their time worked. Accurate records allow management to properly calculate employee pay and benefits. On a regular basis, your supervisor will contact you by phone and review and confirm with you the hours you have worked. You must report any discrepancies between your hours worked and your hours paid within 30 days of the close of the pay period.

Serious offenses that will result in disciplinary action up to and including immediate termination of employment:
• Misrepresentation of time worked, leave taken or absences; • Falsification of entries or signatures; and
• Defacement or alteration of time records.
125. Paycheck Distribution
In the absence of enrollment in the Direct Deposit Program, payroll checks will be sent to the employee's address of record via the U.S. Mail. In the event that a check is not received, the employee should contact their Area Supervisor immediately. The supervisor will notify the Payroll Department which will report the check lost or stolen and place a "stop payment" on the check. A replacement check will be issued at the end of a five day waiting period.

All City Management Services Employee Handbook Page 134 Updated 8.2014 7-19-22 I 4V-55
126. Re<:ognition and Rewards
The job of being a School Crossing Guard is sometimes difficult and often without as much recognition as it deserves. In an attempt to support and recognize employees for their contributions, ACM$ has an ongoing Employee Recognition Program.
126.1 Crossing Guard of the Year
Our "Crossing Guard of the Year" honor is presented to one employee i each area who exemplifies the qualities of an outstanding School Crossing Guard. In light of the fact that there may be several employees who qual' for this award, the Area Supervisor uses evaluation tools such as Site Evaluations, personal observation, length of service and input from th school community, to aide them in their selection. The recipient is awarde a gift of appreciation, a custom-made lapel pin and a personalize plaque to commemorate the honor. Cities and school districts often choos to participate in ceremonies and awards on the local level as well. It ls th Company's hope that in addition to recognizing a worthy employee, thi program will help educate the public to the important work done by all Crossing Guards. ~lt/.t
I
128.2 Length of Service AwarRI ~ ~ i":

I • ,!~(.fl:> .
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Crossing Guards who reach anniversary milestones of five, ten or fifteen years of employment with All City Management Services receive lapel pins to honor their service. 126.3 Additional Merit Pins

EXCELLENCE

OUTSTANDING

ATTENDANCE

CERTIFICATION

OUTSTANDINQ
EFFORT
All City Management Services Emplovee Handbook
OUTSTANDING ROOKIE SAFElY AWARD

COMMUNITY SERVICE OUTSTANDING

ALTERNAT
Page I 35 Updated 8.2014
7-19-22 I 4V-56
127. Health & Safety
Employee health and safety is of paramount importance to the All City Management Services. The prevention of occupationally related injuries and illnesses is of such consequence that It will be given precedence over operations whenever necessary. ACMS strongly believes that a clean, safe and healthy environment should be provided for all employees, not only in accordance with all federal, state and local laws, but good business practices.

We pride ourselves on safety. All City Management's goal is to have no work-related injuries or Illnesses. But the reduction of accidents in our operations is only possible through a team effort ..</ involving both employees and the Company. Only through a cooperative effort can a safety program C'4if the best interest of all be established and preserved. ' i..\'
Ir;,~ ~~ees are required to know and comply with the Company's general safety rules and to follow s •iin'G..,tiealthy work practices at all times. Employees may be subject to discipline for engaging in any Gr,>stif'- or unhealthy work practice or for violating established safety rules. Employees are required to report immediately to their supervisor any potential health or safety hazards, and all injuries or accidents. The Company will Inform employees of any known exposure to a chemical known to cause cancer or reproductive toxicity.

Accordingly, the Company has instituted a Functional Capacity Evaluation Process, an Injury and Illness Prevention Program (IIPP), and a Heat Illness Prevention Program all designed to protect the health and safety of all personnel. A complete copy of the Injury and Illness Prevention Program is kept by each Operations Manager and the Director of Operations and is available for your review.

Health and Safety Programs
127 .1 Functional Capacity Evaluation
All City Management Services requires each employee within defined departments or positions to complete a bi-annual Functional Capacity Examination (FCE). FCEs verify the employee's capability to perform their duties both safely and successfully by evaluating their aptitude at various work levels specific to their position. Should an employee not meet the minimum functional capacity aptitude requirements of their position (in all areas defined), employment will be terminated.

Annual FCE's will be administered by designated evaluators trained and certified by the Company.

However, should an employee appear to lose their ability to perform their assigned duties safely and successful, ACMS reserves the right to complete an FCE outside of the standard bi-annual requirement.

All City Management Services appreciates the cooperation of all required employees to help support our goal of ensuring safety and success. Employees must understand that FCE's are not optional and required as a condition of employment. Refusing to comply with this policy by completing an FCE as requested will be cause for immediate termination and considered a voluntary quit without good cause. 127.2 Injury and Illness Prevention Program (IIPP)
In an effort to ensure the highest level of safety for employees, All City Management SeNices maintains and distributes an Injury and Illness Prevention Program (IIPP).

Responsibility: It is the responsibility of the Operations Manager to answer questions and concerns regarding the maintenance and distribution of these policies. Inquiries should be directed to the Main Office at 310-202-8284 or 800-540-9290.

All City Management Services Employee Handbook Pagel36 Updated 8.2014 7-19-22 I 4V-57
During your initial orientation you will receive training for the Implementation of the ACMS Injury and Illness Prevention Program. Your Area Supervisor will answer your subsequent questions about this program and the associated policies. Your supervisor can also supply additional copies of the IIPP.

Additionally:
• Your Area Supervisors is responsible for ensuring that injury and illness prevention safeguards are maintained. Tools to achieve this goal Include ongoing safety training, completion of Illness/Injury Prevention Forms, and disciplinary actions. • You should contact your Area Supervisor with an/
1 (~'1'/health related questions and/or
concerns. ,},,,r ,()1:

Ot; O.o.
• If you choose to report a health or safety concern anonymous1y)1~cism~Y call the 24-hour phone line at 800-540-9290 qr 310-202-8284. Include details regarcHttg 'What city, intersection, or people are involved.

Compliance - Each Crossing Guard is responsible for reading, understanding and complying with the procedures as set forth in your Employee Handbook for School Crossing Guards. These safetyrelated policies Include wearing the high visibility vest and hat; reporting any hazardous conditions at your workplace; and successfully completing the Certification Training. In addition:
• Avoid heat stress by drinking plenty of water. Employees are instructed to bring an adequate supply of water to their work place and maintain access to that water. Additionally, use sunscreen, wear ACMS hat or visor, and wear UV-protective glasses. • Certified Training Specialists will provide all necessary training, including complete field training, for each new employee.
• Certified Training Specialists will familiari:ze each guard with emergency procedures prior to their assignment to duty.
• Successful completion of the ACMS Certification Program for School Crossing Guards is mandatory.
• All new employees may satisfactorily complete two Site Performance Evaluations prior to being assigned to work. These field observations may Include additional training. • Corrective Action Reports and other disciplinary actions (including suspension and termination) may be necessary if you do not comply with Company policies and procedures. • ACMS recognizes employees for outstanding service and commitment to Company policies and procedures. This recognition takes several forms Including selection of a acrossing Guard of the Year" in each area, awarding of various merit pins and badges as well as plaques and certificates noting achievements.

Communjcatior:i - All employees must communicate their work related health and safety concerns to their supervisor. The following forums help facilttate this communication:
• Newly hired employees undergo new employee field training conducted one-on-one with a Certified Training Specialist.
• You may contact your supervisor via phone or pager.
• You will not be reprimanded for calling the 24-hour toll free number (800 540-9290) to leave a detailed message regarding unsafe condttions.
• You may call the 24-hour toll free number (800-540-9290) and leave an anonymous message with details of your health and safety concerns.
• You can expect to be contacted regularly by your Area Supervisor.

All City Management Services Employee Handbook Page I 37 Updated 8.2014 7-19-22 I 4V-58
(
• As an employee, you must read and understand all policies and procedures in the Employee Handbook for School Crossing Guards.
• Your successful completion of the Certification Program for School Crossing Guards is mandatory.
jnjury and Illness Prevent;sm Assessment§ - Site inspections to identify and evaluate workplace hazards will be done by a Certified Training Specialist at each site periodically. As an employee you should evaluate the work site for hazards regularly. Other causes for hazard assessments include, but are not limited to:
"'le
11 • Addition of new sites. /, 1.S' ~
"'o ~ r.
• Testing of new equipment not previously used by ACMS. -'>)1.:,04 ·; ·:.r1, " • Occurrence of job-related injuries or illnesses. • 'O-, '~')~ • Report of hazardous conditions is made
• When training a new employee at a site.

An Injury/Illness Prevention form and/or an Incident Investigation form will be completed for each site where hazardous conditions are determined to exist.

Investigation of Emplsn'.t!' AccidenVExposure - The Regional Manager or Operations Manager is responsible for investigating workplace accidents and hazardous substance exposures. Investigation will be timely and dependent on the severity of the hazard. • If an accident or exposure occurs, notify your Area Supervisor as soon as possible. If you are unable to reach them, call the 24-hour office line at 800-540-9290. • Your Area Supervisors will respond as soon as possible. • If an accident or exposure occurs, your Area Supervisor will complete an Incident Investigation and/or an Injury/Illness Prevention Form. To ensure accurate completion of the forms, the following steps will be taken:
o Interviewing of the injured worker and witnesses
o Examination of the worksite for any contributing factors o Oetennination of the cause of the accident/exposure
o Obtaining law enforcement report number and officer's name(s) a Instituting corrective action, if needed.

Corrective Action far Hazardous Work Enykoomtnt - Each employee should enter important phone numbers in the space provided on the last page of their Employee Handbook for School Crossing Guards. These impartant numbers include those for AU City Management Services' 24-hour phone line (800-540-9290), the school to which you are assigned, emergency personnel (fire department and non-emergency law enforcement), and your Supervisor. • Your Area Supervisors is responsible for contacting street maintenance, fire department, law enforcement or any other entity most appropriate to correct a situation that has been determined to create a hazardous work environment.
• Hazardous work environment complaints will be dealt with in a timely manner based on the severity of the hazard.
• Actions will be taken to correct a Crossing Guard who may be creating a hazardous work environment. This includes ongoing safety training, Hazard Assessments and disciplinary actions.

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Training and Instruction - As a Crossing Guard you are trained by a Certified Training Specialist. All employees are responsible for reading, understanding and complying with the procedures in their Employee Handbook for School Crossing Guards. These procedures include (but are not limited to), wearing the high visibility vest and hat; reporting any hazardous conditions at your workplace; and successfully completing the annual Certification Training. Additionally; • Certified Training Specialists will provide all necessary training including the "New Employee Field Training Program" for each new employee.
• Certified Training Specialists will familiarize you with emergency procedures prior to your assignment to duty.
• Your successful completion of the ACMS Certification for School Crossing Guards is mandatory • dem;· d Field Observers conduct periodic and unannounced observations of employees at the}[, sslijq,eq locations. These field observations may include additional training and/or d iscl I fin;,'4¥ if il,.g 1j
• Corrective Acflon Reports and other disciplinary actions (including su$pension and termination) may be necessary if an employee does not comply with Company policies and procedures. • All City Management Services recognizes Crossing Guards with various awards including "Crossing Guard of the Year.

All City Management Services Employee Handbook PagelJ9 Updated 8.2014 7-19-22 I 4V-60
127 .3 .!ni!.!CY and Jll~u.Prevention Program Report
Intersection:

ASSESSMENT

18. Are all signal lights, pedestrian lights and activation buttons working ro erl YES NO
If NO, detail problems with comp1;1ss direction at Intersection (e.g. SW comer) and landmarks If possible e. . as station :

19. Are there significant potholes or uneven pavement In the immediate viclni of the cross walks?
~ -ro

20. Are sidewalks In the Immediate vicinity In generally good condition ~ l free of holes or uneven surfaces? 0
Jf NO, give street name, compass direction and nature of hazard:

21. Are crosswalks where assigned clearly painted?
If NO, Ive street name co ass direction and nature of hazard:

22. Are there additional potential hazards or unhealthy exposures ove erslstent surface water, etc. ?

FOLLOW UP
Were the potential hazards reported to the proper authorities (e.g. public works, remediation?
' method and date: PHONE
Authority: Date:

If NO, give reasons:
:

Print Name: 1---------------------------~ Date: Supervisor:

All City Management Services Employee Handbook Page 140 YES NO
YES NO
YES NO
YES NO
YES NO

FAX EMAIL
Updated 8.2014
7-19-22 / 4V-61
127.4 Heat Illness Prevention Program
The Federal Occupational Safety and Health Administration (OSHA), has the responsibility for issuing standards to employers related to the health and safety of employees as well as carrying out inspections to enforce those regulations and to ensure compliance with the law. All City Management Services (ACMS) is required by the Federal Occupational Safety and Health Act of 1970 (OSHAct) ''o ensure as far as possible every working man and woman safe and healthful working conditions." In addition to our current Injury and Illness Prevention Program, OSHA requires that all employees working on job tasks where environm~ntal risk factors for heat illness are present receive HEAT SAFETY TRAINING. Heat Illness (also known as Heat Stress) is a serious medical condition resulting from the body's inability to cope with a particular heat load. This sttuation is very dangerous and can result in heat cramps, heat exhaustion, and heat stroke .. §ymptoms of Heat Illnesses:
• Heat Exhaustion:
o Headaches, dizziness
o Heavy Sweating, cold/clammy skin
o Dizziness or fainting, cramps
o Fast, shallow breathing
o A weak and rapid pulse
• Heat Stroke:
o Warm, dry skin
o Confusion or unconsciousness
o A strong and rapid pulse
o Throbbing headache
o Nausea, vomiting or both
How to Prevent Heat Illnesses:
• Drink plenty of water! You have been issued an ACMS water bottle and are required to bring an adequate supply of water to your work place. You must keep that water readily accessible (you may not leave your post) during shifts when temperatures are expected to be in excess of 65 degrees Fahrenheit.
• Use sunscreen, always wear your ACMSwissued head gear and choose light colored clothing on hot days.
• Between shifts, rest in an area where you are not exposed to the sun.

In addition to the training and the information provided above, All City Management Services provides every employee with a personal 32--ounce water bottle. You must fill this waler bottle and have it with you for any shift when the temperature Is expected to exceed 65 degrees Fahrenheit during the period of time you are assigned to that task. Ensure you start your shift with a full bottle of water and that you keep It readily accessible throughout your shift. Failure to comply with this policy will result in disciplinary action up to and including the termination of employment.

Immediately notify your Supervisor or the Main Office (800.540.9290) if you feel you are unable to provide yourself with an adequate amount of water during your shift.

If you become aware of any signs or symptoms of heat Illness in yourself or a coworker, you should contact your Supervisor or the Main Office immediately. If your symptoms require Immediate medical attention you are to call for help by dialing 9-1-1 immediately.

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128. Leave of Absence
The Company may grant leaves of absence to employees in certain circumstances. It is important to request any leave in writing as far in advance as possible, to keep in touch with your Supervisor during your leave, and to give prompt notice if there is any change in your return date. It is understood that you will not obtain other employment or apply for unemployment insurance while you are on a leave of absence. Acceptance of other employment while on leave will be treated as a voluntary resignation from employment at the Company. Upon return from a leave of absence, you will be credited with the full employment status which existed prior to the start of the leave. You will not receive credit for the time durin~ the leave. except that you will retain your original date of hire. You will be assigned to a location wil~J;easonable proximity of your previous place of work. lr11:-.s ,I:'.,
qr,-1 .
0 ,;.1~s.1 Family Medical Leave Ac.t
$1, , 'Cil • k, r., V / ) , I"
Employees may be entitled to a leave of absence under the Family and Medical Leave Act ("FMLA") or a similar state law. "Family Care Leave" may be requested for (1) the birth or adoption of an employee's child; (2) the placement of a foster child with the employee; or (3) the serious health condition of an employee's child, registered domestic partner, spouse, or parent. "Medical leave· may be requested for an employee's own serious health condition. A "serious health condition• Is one that requires either in-patient care in a medical facility or continuing treatment or supervision by a health care provider.

Employee Eligibility: To be eligible for family care and medical leave, an employee must have worked for the Company for at least twelve months prior to the date on which the leave is to commence; and (2) have worked at least 1,250 hours in the twelve {12) months preceding the leave.

However, employees who work at a location where the Company employs fewer than 50 persons within 75-miles are not eligible for family care and medical leave under the FMLA. eave A llable: Provided all the conditions of this policy are met, an employee may take a maximum of 12 weeks of family care and medical leave in a rolling 12-month period measured backwards from the date the employee's leave commences. Parents who are both employed by the Company may take a maximum combined total of 12 weeks of family care leave in a 12- month period for the birth, adoption, or foster care placement of their child.

Family care leave taken for the birth, adoption, or foster care placement of a child generally must be taken in blocks of at least two weeks' duration; however, the Company will provide employees with family care leave for birth, adoption, or foster care placement of less than two weeks' duration on any two (2) occasions. Family care leaves for the birth, adoption or foster care placement of a child must be concluded within one year of the birth, adoption or placement.

Family care or medical leave for the employee's own serious health condition, or for the serious health condition of the employee's spouse or registered domestic partner, parent, or child, may be taken intermittently or on a reduced schedule where medically necessary. If leave Is taken lntenmittently or on a reduced schedule, the Company retains the discretion to transfer the employee temporarily to an alternative position with equivalent pay which better accommodates the employee's leave schedule.

Compensation Qurlng Leav~: Family care and medical leave is unpaid. Some states provide additional leave benefits for employees. To determine whether your state provides such benefits, contact the Company's Human Resources Department prior to your leave.

Notice Reguiremeatl: Employees should notify the Company of their request for family care or medical leave as soon as they are aware of the need for such leave. For foreseeable events, if possible, the employee must provide 30 calendar days' advance notice to the Company of the need for family care or medical leave. For events that are unforeseeable 30 days In advance, but are not emergencies, the employee must notify the Company as soon as he or she learns of the need for the All City Management Services Employee Handbook P a 8 e I 4Z Updated 8.2014 7-19-22 I 4V-63
leave, ordinarily no later than 1 to 2 working days after the employee learns of the need for the leave.

If the leave is requested in connection with a planned, non- emergency medical treatment, the employee may be requested to reschedule the treatment so as to minimi2:e disruption of the Company's business.

If an employee fails to provide the requisite 30-day advance notice for foreseeable events without any reasonable excuse for the delay, the Company reserves the right to delay the taking of the leave until at least 30 days after the date the employee provides notice of the need for family care or medical leave.

All requests for fam . . '-~ care o. r medical leave should include the anticipated. date(s) and d. uration of the leave. Any requests"f~f'-'.>sl . t1ensions of a fam. ily care or medical leave must be received.. at least .five (5) working da.ys before 1.l;}fl; ~~~ on which the. employee was originally scheduled to return. to work and must include the revised~ l~a.te date(s) and duration of the family care or medical leave. '/. I'/'", I'
Medical Certification: Any request for medical leave for an employee's own serious health condition or for family care leave to care for a child, spouse, domestic partner or parent with a serious health condition must be supported by medical certification from a health care provider. For foreseeable leaves, employees must provide the required medical certification before the leave begins. When this is not possible, employees must provide the required certification within 15 calendar days after the Company's request for certification, unless it is not practicable under the circumstances to do so, despite the employee's good faith efforts. Failure to provide the required medical certification may result in the denial of foreseeable leaves until such certification is provided. In the case of unforeseeable leaves, failure to provide the required medical certification within 15 days of being requested to do so may result in a denial of the employee's continued leave. Any request for an extension of the leave also must be supported by an updated medical certification.

The medical certification for a child, spouse, domestic partner or parent with a serious health condition must Include (a) the date on which the serious health condition commenced; (b) the probable duration of the condition; (c) the health care provider's estimate of the amount of time needed for family care; (d) the health care provider's assurance that the health care condition warrants the participation of the employee to provide family care; and (e) in the case of intermittent or reduced schedule leave where medically necessary, the probable duration of such a schedule.

The medical certification for leave for the employee's own serious health condition must include the date on which the serious health condition commenced; (b) the probable duration of the condition; (c) a statement that, due to the serious health condition, the employee Is unable to perfonn the functions of his or her position; and (d) in the case of intermittent leave or reduced schedule leave where medically necessary, the probable duration of such a schedule. In addition, the certification may, at the employee's option, identify the nature of the serious health condition involved. If the Company has reason to doubt the validity of the certification provided by the employee, the Company may require the employee to obtain a second opinion from a doctor of the Company's choosing at the Company's expense. If the employee's health care provider and the doctor providing the second opinion do not agree, the Company may require a third opinion, also at the Company's expense, performed by a mutually agreeable doctor who will make a final determination. Before permitting the employee to return to work, the Company may also require the employee to provide medical certification that he or she is able to return to work.

Reinstatement: Upon the submission of a medical certification from a health care provider that an employee Is able to return to work, the employee will, In most circumstances, be offered the same position held at the time of the leave or an equivalent position. However, an employee is not entitled to any greater right to reinstatement than if the employee had been employed continuously rather than on leave. For example, if the·employee would have been laid off if he or she had not gone on leave, then the employee would not be entitled to reinstatement. Similarly, If the employee's position has been filled In order to avoid undermining the Company's ability to operate safely and efficiently while the employee was on leave, and there is no equivalent position available, then reinstatement All City Management Services Employl:!e Handbook Page 143 Updated 8.2014 7-19-22 / 4V-64
would be denied. The Company retains the right to deny reinstatement to employees who are among the highest paid ten percent (10%) of the Company's employees and whose reinstatement would cause substantial and grievous economic injury to the Company's operations. Failure to return to work on the scheduled date will be considered a voluntary termination by the employee.

Benefits While On Leave: In the event that leave of absence is available and the employee is allowed to carry benefits of any type, the employee is solely responsible for payment of all premiums.

In the event the premium is not received on time and subject to a,:iy law to the contrary, the elected coverage policy may be cancelled without further notice. The cancellation will be retroactive to the date of the last full payment. The employee will remain responsible for any premiums that the company incurs because the policy could not be canceled retroactively for that period of time.

1. Employees should check with their supervisor or manager for the jfI~c,ifics of benefits while on a leave of absence. '?'o ~
,;>1. 9,)1
128.2 Workers' Compensation Disabjlity Lea ~ 1.•;.·
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A workers' compensation leave of absence may be granted to an employee who is temporarily totally disabled from working due to "work-related" injury or illness. The term "work-related" injury is defined by applicable state law. Leave taken under the workers' compensation disability policy runs concurrently with family and medical leave under both federal and state law.

Employees who are injured or become Ill as a direct result of work may be eligible for workers' compensation benefits. An employee who self-refers to a physician or an Emergency Care Unit for a work-related Injury/illness may bear the cost of medical care. The employee may designate a treatment physician if notification is in writing and the physician has previously directed treatment of the employee and retains the employee's medical records including medical history. This notification must be placed in the employee's health file prior to the injury.

Notice and Certification Requirement§: Employees must report all accidents, injuries and illnesses - no matter how small - to their immediate supervisor, who will send the employee to a medical clinic for evaluation. In addition, employees must provide the Company with a certification from a healthcare provider.

The duration of a leave under this section shall be consistent with applicable law, but in no event shall the leave extend past the date on which an employee becomes capable of performing the essential functions of his or her position, with or without reasonable accommodation. For a full explanation of leave duration and reinstatement rights, employees should contact the Operations Manager or Director of Operations.

Compensation During Leave: Workers' compensation disability leaves are without pay. Any payments for state disability, workers' compensation or other wage reimbursement benefits will be coordinated during the leave. At no time shall an employee receive a greater total payment than the employee's regular salary. Workers' compensation temporary disability benefits begin on the fourth (4) day of absence due to a work-related illness or injury and continue untll the treating physician has returned the employee to work. If the work-incurred injury or Illness results in hospitalization prior to the fourth day of absence or the employee is unable to work for more than fourteen (14) days, temporary disability benefits will be paid, including the first three days of lost service.

Rlinltatem1nt Under most circumstances, upon submission of a medical certification that an employee is able to return to work from a workers' compensation leave, the employee will be reinstated to his or her same position held at the time the leave began or to an equivalent position, if available. An employee returning from a workers' compensation leave has no greater right to reinstatement than If the employee had been continuously employed rather than on leave. For example, if the employee on WQrkers' compensation leave would have been laid off had he or she not All City Management Services Employee Handbook Pa g e 144 Updated 8.2014 7-19-22 / 4V-65
gone on leave, or if the employee's position has been eliminated or filled in order to avoid undermining the Company's ability to operate safely and efficiently during the leave, and there are no equivalent positions available, then the employee would not be entitled to reinstatement.

Fraudulent Claims: Any knowingly false or fraudulent behavior pertaining to the filing of a workers' compensation claim or subsequent related activities for the purpose of obtaining benefits is unlawful.

Any such actions will result in termination of employment and prosecution for felony violations, some of which provide for fines of up to $50,000 or double the value of the fraud, whichever is greater, and imprisonment of up to five (5) years.
128.3 Military Leave (Active And Reserve Service)
The Company provides military leaves of absence to employees who serve in the uniformed services as required by the Uniformed Services Employment and Reemployment Rights Act of 1994 and applicable federal and state laws. Leave under this Section wlll be ~Eaid. However, exempt employees who work any portion of a workweek in which they also are ~mporary military leave will receive their full salary for that workweek, offset by any amount receiveqJ ilitary pay. o,(! ·"
">; ~ 128.4 Jury & Witness Duty Leave ~~q.'/~,,. .,.._
The Company encourages employees to fulfill their civic responsibility by serving jury duty when required. leaves under this Sedion will be unpaid.

Employees must show the jury duty summons to their supervisor as soon as possible so that the supervisor may make arrangements to accommodate the employee's absence. Of course, the employee Is expected to report to work whenever the court schedule permits Q.e., If the Court releases jurors in the morning, the employee is expected to return to work for the rest of the day).

Either the Company or an employee may request an excuse from jury duty if, in the Company's judgment, an employee's absence would create serious operational difficulties. 128.5 Funeral Or Bereavement Leave Of Absence
Employees wiU be allowed a minimum of one unpaid working day off to arrange and attend the funeral of an immediate family member. For purposes of this policy an employee's immediate family is defined to include the employee's current spouse, domestic partner, father, mother, sister, brother, children, legal guardian, current parent-, sister-, brother-, son- or daughter-in- law, grandparents, and grandchildren.

All Cltv Management Services Emplovee Handbook Page 145 Updated 8.2014 7-19-22 / 4V-66

ACKNOWLEDGMENT OF RECEIPT OF INFORMATION
M
Heat Illness (also known as Heat Stress) is a serious medical condition resulting from the body's inability to cope with a particular heat load. This acknowledgement form provides Information on recognizing the signs of heat Illness, what to do If symptoms occur, and your responsibilitles as an employee. You are required to read and abide by the policies set forth on this form and in your Employee Handbook for School Crossing Guards.

Symptoms of Heat Illnesses
Heat Exhaustion
• Headaches, dizziness
• Heavy Sweating, cold/clammy skin
• Dizziness or fainting, cramps
• Fast, shallow breathing
• A weak and rapid pulse
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Heat Stroke
• Warm, dry skin
• Confusion or unconselousness
• A strong and rapid pulse
• Throbbing headache
• Nausea, vomiting or both
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How to Prevent Heat Illnesses .,_., •J.
• Drink plenty of water! ACMS has issued to you a personal 32-ounce water botue and you are required to bring an adequate supply of water to your work place, You must keep that water readily accessible (you may not leave your post) during shifts when temperatures are expected to be In excess of 65 degrees Fahrenheit. • Use sunscreen, always wear your ACMS-lssued head gear and choose light colored clothing on hot days. • Between shifts, rest in an area where you are not exposed to the sun.

In addition to the training and the information provided above, All City Management Services provides every employee with a personal 32-ounce water bottle.

RECEIPT OF EMPLOYEE HANDBOOK
This is to acknowledge that I have received a copy of the Company's "Employee Handbook for School Crossing Guards" (revision date: 8/14). I understand that it sets forth the terms and conditions of my employment as well as the duties, responsibilities and obligations of employment with the Company.

I agree to read and abide by the policies In this Handbook, including all complaint and reporting requirements. If I do not understand any portion of the policies in this Handbook, I understand that I must address my questions to my supervisor. If my questions remain unanswered, I must contact the Director of Operations and/or any Manager or Officer of the Company in writing.

INJURY AND ILLNESS PREVENTION TRAINING
Training in the All City Management Services Illness and Injury Prevention Program for Schoof Crossing Guards has been provided to me. My signature below acknowledges that I have received this training.

EMPLOYEE ACKNOWLEDQEMENT
I agree to abide by these policies and procedures as sat forth above. If I do not understand any portion of the policies outlined in this Acknowledgment Form or the Employee Handbook for School Crosst119 Guards, I understand that I must address my questions to my Supervisor. If my question• remain unanswered, I must contact the Director of Operations end/or any Manager or Officer of the Company In wrlUng.

I also understand that failure to comply with the policies and procedures aet forth may result In disciplinary action up to and Including termination of my employment &mptoxee
Printed Name _________________ _ City Where You Work: ______ _ Signature: ___ _ _________ _ ____ _ Date: ___________ _ All City Management Services Employee Handbook Page 146 Updated 8.2014 7-19-22 I 4V-67
•

FUNCTIONAL CAPACITY EVALUATION
All City Management Services, Inc. (referred to as the "Company") requires each employee within defined departments or positions to complete a pre-employment as well as a bl-annual Functional Capacity Evaluation (FCE).

FCEs verify the employee's capablllty to perform their duties both safely and successfully by evaluallng their aptitude at various work levels specific to their position. Should an employee not meet the minimum functional capacity aptitude requirements of their position (in all areas defined), employment will be terminated.

Bl-annual FCE's will be administered by designated evaluators trained and certified by the Company. However, should an employee appear to lose their ability to perform their assigned duties safely and successfully, The Company reserves the right to complete an FCE outside of the standard bl-annual requirement. The Company appreciates the cooperation of all required employees to help support our goal of ensuring safety and suc~ess.

Employees mLJst understand that FCE's are not optional and required as a condition of employment. Refusing to comply with this policy by completing an FCE as requested wlll be cause for immediate termination and considered a voluntary quit without good cause.

Should an employee disagree with the results of the FCE, they are welcome to select an approved medical provider to perform a second evaluation at their own expense.

EMPLOYEE ACKNOWLEDGEMENT ~
. (,J
By signing below, I acknowledge that I have r~~nderatand and agree to All City Management Service's Functional Capacity Evaluation Polley. I further acknowle1fh,:'1tra.t fai.lure to adhere to this policy or any other policy as oulllned In the Employee Handbook for School Crossing G(/)IJdSl,&:ill result In disciplinary action, up to and including immediate termination of employment. ~ l;it~,1 :.:>!Si
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Printed Name ___ ______________ _ City Where You Work: ______ _ Signature: __________________ _ Date: __________ _ _
All City Managem!!nt Services Employee Handbook Page I 47 Updated 8.2014 7-19-22 / 4V-68
Nearly 30 years of experience in providing communities with

PROFESSIONAL SCHOOL CROSSING GUARD SERVICES
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No portion of this book may be reproduced or utilized in any form or by any means electronlc or mechanical, Including photocopying or recording or by any Information storage or retrieval system, without written permission from the publisher.

All City Management Services Employee Handbook Updated 8.2014 7-19-22 / 4V-69
Over thirty years of experience in providing communities with

PROFESSIONAL SCHOOL CROSSING GUARD SERVICES
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ATTACHMENT 3

CITY OF SAN CLEMENTE

PROFESSIONAL CONSUL TANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this __ day of ____ , 20_, 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 All City Management Services, Corporation, with its principal place of business at 10440 Pioneer Blvd., Suite 5, Santa Fe Springs, CA 90670 ("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 school crossing guard consulting serviqes required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional school crossing guard consulting services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.

2.2 Services.

City desires to engage Consultant to render such school crossing guard consulting services to be performed at or 'n connection with pedestrian crosswalks at various school crossing guard locations in the City of San Clemente as set l orth in Exhibit A of this Agreement. All services shall be per the Proposal included in Exhibit A, unles!? otherwise approved by the Public Works Director or designee in advance.

3. JE~MS.

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, to9ls, equipment, services, and incidental and customary work necessary to fully and adequc1tely supply the professional school crossing guard consulting services necessary for the work (''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 August 16, 2022 to August 16, 2024, 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. Notwithstanding the forgoing, the City Manager or his or her designee shall have the authority on behalf of the City to administratively approve 1-year extensions to the term hereof not to exceed a cumulative total of two (2) additional years. 1 BBK: August 2018
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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 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 require.q 9y law. Consultant shall be responsible for all reports and obligations respect[ng such ad iti0nal 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 (9,_Xpeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "A" attached hereto and incorporated herein by referenee., Consultant represents that it has the professional and technical persoQnef required to perform tfie 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 rnriely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance tp meet the Schedule of Services.

3.2.3 Endorsement on PS&E/ Other Data. Consultant shall sign all plans, specifications, estimates (PS&E) ai.id engineering data furnished by Consultant, and where appropriate will indicate Consultant's authorized signature and professional registration number.

3.2.4 Conformance to Applicable Requirements. All work prepared by Consultant 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 a~d coordinate the Services under this Agreement. Should one or more of such ·personnel become unavailable, Consultant may substitute other personnel df at least equal competence upqn 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 qh;cussed 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 Services or a threat to the safety of persons or property, shall be promptly removed from the work by the Consultant at the request of the City. The key personnel for performance of this Agreement are included in Exhibit "A".

3.2.6 City's Representative. The City hereby designates Kiel Koger, Public Works Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be 2 BBK: August 2018
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ATTACHMENT 3
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 Representative. Consultant hereby designates Jacob Green, President and CEO, or his/her designee, 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 Consultant 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 lilc3intains that it is skilled in the professional calling necessary to perform the Services. Con&liltant warrants that all employees and subconsultants shall have sufficient skill and experienc~ to perform the Services assigned to them. Finally, Consultant represents that it, its employees a11d subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, 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 ot care provided for herein. 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 completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.1 O Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state ahd federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall 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. Consultant 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 3 BBK: August 2018
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ATTACHMENT 3
exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.12 Insurance. Consultant agrees to procure and maintain, at Consultant's expense all insurance specified in Exhibit "B" attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants. to catry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the c~ •

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 "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed $263,695 for Fiscal Year 2022/23 and $271,636 for Fiscal Year 2023/24 without written approval of the City Manager as appUcable. Compensation for each additional option year shall not exceed $305,627 plus CPI lridex increases per Fiscal Year. 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 0·i ,Qompensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Sewices 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 dtst}Utes 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 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "A" 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 Services, but which the Parties did not reasonably anticipate 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 ''A" may be adjusted each year at the time of renewal as set forth in Exhibit "A."

3.3.6 Labor Code Requirements.
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ATTACHMENT 3

3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, 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 project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6.2 Registration. lf'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 Rell:!tfons ("DIR"). Con~ultant 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 R~cQrds.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such record9 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 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 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 5 BBK: August 2018
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ATTACHMENT 3
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 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

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

City:

All City Management Services, Inc.
10440 Pioneer Blvd., Suite 5 .{ ~
Santa Fe Springs, CA 90670 x . ATTN: ,. ------
City of San Clemente
910 Calle Negoqi_o
San Clemente, CA 92673
ATTN: K.iel Koger, Public Works Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first qlass postage prepaid and addressed to the party at its applicable address. Actual notice sha.11 tie deemed adequate_ notice on the date actual notice occurred, regardless of the metho_ti of service. •

3.5.3 Ownersl 1fp of Materials and .ConfidenUality.

3.5.3.1 Documents & Data: Licensing of Intellectual Property. This Agreement creates a non~excfusive and perpetual license for City to copy, use, modify, reuse, or sublicehse ·any and all copyrights, designs, and other intellectual property embodied in plans, specificati9ns, studies, drawings, estimates, a,nd other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Ag.teement ("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 the 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 6 BBK: August 2018
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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 Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of tt}~ Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expens4 (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, arjsing out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled ta 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, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, e~enses, 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 orrissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents 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 fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, 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 Civil 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 willful 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 7 BBK: August 2018
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ATTACHMENT 3
exceed the Consultant's proportionate percentage of fault.

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

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

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

3.5.1 0 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. --

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

3.5.12 Assignment or Transfer. 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 Construction: References: Captions. Since the Parties or their agents have participated fully in the prepa,:,atioh of this Agreement, the ianguage of this Agreement shall be construed simply, according tclits 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 Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreeme"r1t • •

3.5~ 14 -Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

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

3.5.17 Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
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ATTACHMENT 3

3.5.18 Prohibited 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 violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate agairist any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include; but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 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 Certification. 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 Gode, 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.
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ATTACHMENT 3

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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ATTACHMENT 3
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

ATTEST:

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

BEST BEST & KRIEGER
City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:

Finanq~ Authorization
55452.01100\31193624.5

CITY OF SAN CLEMENTE
By: ____ _____ ~---
("CONSUL TANT")
By: ___________ _
Its: ------------ Dated: ________ , 20 __
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EXHIBIT "A"

SCOPE OF SERVICES
The Consultant will be employed to provide high quality, timely expertise where needed.

The scope of services includes but is not limited to the monitoring, supervising, and assuring the safety of school children pedestrians who utilize street intersections and crosswalks to and from school.

1. Consultant agrees to provide Crossing Guard Services to the City of San Clemente by safely conducting school children across the roadway, within a marked crosswalk.

Consultant shall ensure that sufficient personnel are available to provide this service at locations and during hours to be determined by the City of San Clemente.

2. The City shall have the sole and exclusive right to determine the hours and locations when and where guards shall be furnished by the Consultant. The Consultant shall notify the City in writing of Consultant's request to change the hours of work or locations. The City further has the sole and exclusive right to add to, delete from, or revise the work schedule and/or locations at any time.

3. The Consultant shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required locations and times, and in accordance with all terms of this Agreement.

4. The Consultant shall maintain adequate reserve personnel to be able to furnish alternate guards in the event that any person fails to report to work at the assigned time and location.

5. The Consultant shall provide personnel properly trained as herein specified for the performance of duties of Crossing Guards. In the performance of their duties, the Consultant and employees of the Consultant shall conduct themselves in accordance with the laws and codes of the State of California and the City of San Clemente.

6. The Consultant shall provide Crossing Guards' Services at the designated locations and hours on all days on which the designated schools in the City of San Clemente are in session.

7. The Consultant shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions. The Consultant shall also provide all Crossing Guards with hand held "Stop" signs and other safety equipment as shall be necessary to perform the Crossing Guard Services specified herein.

8. The Consultant shall be entitled to request an annual cost-of-living adjustment which is to be no greater than the United States Consumer Price Index (CPI), commencing one year after execution of the contract.
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Fee Schedule
15 Crossing Guards
City of San Clemente shall compensate All City Management Service~, Inc., for the performance of services according to the following schedule.

Year Ong August 2022 -Jµly 2023
Hourly Billing Rate: $27.23
Annua1 Hours: 9,684
Not to Exceed: $263,695
Year Two August 2023-July 2024
Hourly Bflling Rate: $28.05 •
Annual Hours: 9,684
Notto Exceed: $271,636
Qptions VC!ars (l & 2) August 2024 - Juh· 2016
Hourly Billing Rate: S3 I .56*
Annual Hours: 9,684
1':01 to Exceed: $305,627
* Contractor may request a price increase during the term as a result of any legally-mandated increases In wages or benefits imposed in the state or municlpallty In which the Se,vices are to be performed and to which Contractor's employees would be subject. Contractor shall provide City with 60 days-notice of its request to increase pricing. City agrees to review and respond to said notice within 30 doys of receipt.
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SCHEDULE OF PERFORMANCE
Crossing Guard services at the designated locations and hours on all days in which the designated schools in the City of San Clemente are in session.

Site
Max.# of Daily
No.

Location School Hours Per
Guard
I Camino Vera Cruz I Costa Tnnnan Benedict Elementary 4* 2 Calle Sam1entoso / N. ofRiachuelo@ School Exit Bernice Ayer Middle School 4* 3 El Camino Real/ El Portal Las Pahnas Elementary School 3 4 Avenida Aragon/ Calle Puente Las Pahnas Elementary School 3 5 Calle Puente/ Avenida Del Poniente Las Pahnas Elementary School 3 6 Avenida Vista He1mosa / Camino Laurel/ Camino Marblehead Elementary School 4 Faro
7 Avenida Vista Hennosa / Via Turqueza Marblehead Elementaty School 4 8 Avenida Talega / Calle Portofino (northwest comer) Vista Del Mar Elementary and 5 Middle School 9 Avenida Talega / Calle Portofino (northeast corner) Vista Del Mar Eiementaty and 5 Middle School 10 Avenida Caiafa/ Avenida Del Presidente Concordia Elementary School 3 11 Avenida Vista Hennosa / Outlets at San Clemente
(northeast comer)
Shoreclifls Middle School 3
12 Avenida Vista Hennosa / Outlets at San Clemente Shoreclifls Middle School 3 (northwest comer) 13 Avenida Vista He1mosa / 1-5 NB Off:.Ramp
(southeast comer) Shoreclifls Middle School 3
14 Avenida Vista Hennosa / 1-5 NB Off-Ramp
(southwest comer) Shoreclifls Middle School 3
15 Avenida Vista Hermosa / I-5 N On-Ramp Shoreclifls Middle School 3 *6 hours on Tuesday
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EXHIBIT "B"

INSURANCE REQUIREMENTS

3.2.11 Insurance.

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

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

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0 O'
Department:

Prepared By:

Subject:

Fiscal Impact:

Summary:

Discussion:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: July 19, 2022
Public Works / Engineering
Masako Hennequin, Associate Civil Engineer
Agenda Item 4 '(J
Approvals:

City Manager (li !{)
Dept. Head 7i;--,,--
Attorney ~
Finance ~
APPROVAL OF CONSTRUCTION CONTRACT FOR FY 2023 STREET IMPROVEMENT PROGRAM AND FY 2023 ARTERIAL STREET PAVEMENT MAINTENANCE, PROJECT Nos. 13327 & 13320 WITH ROY ALLAN SLURRY SEAL, INC.

Yes. The estimated total construction cost of $3,371 ,365 is within the total approved budgeted amount of $3,630,000 from the Street Improvement fund of $1,500,000 (Account Number 042-848-45300-000-13327), the Gas Tax fund of $1,500,000 (Account Number 012-861 -45300-000-13320), General Fund of $550,000 (Account Number 001-416-45720-000-23302) and $80,000 from Traffic calming fund (account Number (019-819-43690-000-39807).

Staff recommends that the City Council approve a construction contract with Roy Allan Slurry Seal, Inc., in the amount of $2,930,365 for FY 2023 Street Improvement Program and FY 2023 Arterial Street Pavement Maintenance, Project Nos. 13327 & 13320.

This project includes pavement grinding and overlaying, asphalt removal and replacement, crack sealing and slurry seal, miscellaneous concrete work, pavement striping, and installing speed cushions on Avenida Barcelona. (See Location Map in Attachment 1 ).

The project was advertised for competitive bidding on June 2, 2022, and June 9, 2022, using the PlanetBids website. Bids were received on June 23, 2022, and the bid results ranged from $2,674,580 to $4,839,937 (See Bidder's Listing in Attachment 2).

The lowest bid of $2,674,580 was received from 3Sixty Innovation, Inc. (3Sixty); however, 3Sixty did not submit the bid bonds as required and was deemed nonresponsive. The lowest responsive bidder was Roy Allan Slurry Seal, Inc. of Santa Fe Springs, California with a total bid amount of $2,930,365.

Based on the low responsive bidder, construction costs are estimated as follows:

Construction
Construction Management and Inspection
Project Contingency (approx. 10%)
Estimated Total Construction Cost
Public Works Agenda Report
$2,930,365
147,000
294 000
$3,371 ,365
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Agenda Report Page 2
Recommended
Action: STAFF RECOMMENDS THAT the City Council:

1. Approve the plans and specifications for FY 2023 Street Improvement Program and FY 2023 Arterial Street Pavement Maintenance, Project Nos. 13327 & 13320; and

2. Approve and authorize the Public Works Director / City Engineer to execute, Contract No. ___ , by and between the City of San Clemente and Roy Allan Slurry Seal, Inc., in the amount of $2,930,365 for FY 2023 Street Improvement Program and FY 2023 Arterial Street Pavement Maintenance, Project Nos. 13327 & 13320.

Attachments: 1. Location Map

2. Bidders List

3. Contract (without attachments)
Notification: None.
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I ~- ir---:.:..::....:...'.""""'=,~""====--------.------------~~~--==- ; AN c~ CITY OF SAN CLEMENTE LOCATION MAP
qi .• ~ 910 CL Negocio, Suite 100 t-------------------1 z San CLEMENTE, CA 92673 FY 23 STREET IMPROVEMENT PROGRAM ·g, Tel (949) 361-6100
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-o Fax (949) 361-8316 ~ Project No. 13327