San Clemente City Council
August 19, 2025

260
City Council Special and Regular Meeting Minutes August 5, 2025 C. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Whether to initiate litigation pursuant to Government Code section 54956.9(d)(4) Number of Cases: 1
E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Discussion concerning right-of-entry agreement and related real property transactions in compliance with Government Code section 54956.8 regarding:

Real Property Negotiations: APN 678-163-01
Property: Properties located at the southwest corner of Avenida La Pata and Vista Hermosa
City Negotiators: Andy Hall, City Manager
Negotiating Parties: Orange County Fire Authority
Under Negotiations: Price and terms
AYE: Cabral, Enmeier, Loeffler and Mayor Knoblock
NOE: None
ABSENT: Wu
Closed Session concluded at 5:31 p.m.

BUSINESS MEETING
The Regular Business Meeting reconvened at 5:35 p.m. with all City Councilmembers present.

INVOCATION
Pastor Matt Levchak, Calvary Chapel San Clemente, gave the invocation.

PLEDGE OF ALLEGIANCE
Councilmember Cabral led the Pledge of Allegiance.

1. Special Presentations
A. CONSIDERATION OF A RESOLUTION APPROVING THE SELECTION OF THE 2025 WALL OF RECOGNITION NOMINEE
This Item was removed from the agenda; no action was taken.

B. RECOGNITION OF OUT-GOING COMMISSION AND COMMITTEE MEMBERS Community Development Director Atamian with Beaches, Parks and Recreation Director Wylie presented out-going Commission and Committee members with commendations in recognition of their service to the City of San Clemente.

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City Council Special and Regular Meeting Minutes August 5, 2025

2. Council Member Reports
Councilmember Wu:
· Attended the Fourth of July Fireworks at the Pier.
· Attended the Hoag Health Center ribbon cutting ceremony on July 12, 2025. · Attended the Orange County Transportation Authority (OCTA) Coastal Rail Resiliency Study meeting on July 15, 2025.
· Attended the Orange County Transportation Authority (OCTA) Round Table discussion concerning Measure M2 10-year review on July 16, 2025. · Met with Municipal Water District of Orange County (MWDOC) District 7 Director on July 18, 2025.
· Attended the Draw Together event organized by Online Arts Charity (OAC Together) at the San Clemente Community Center on July 26, 2025.

Councilmember Loeffler:
· Attended the recognition party for out-going Planning Commissioner Crandall on June 18, 2025.
· Attended the “Speakeasy” community meeting on June 18, 2025. · Attended the summertime swim event at Ole Hanson Beach Club on June 19, 2025.
· Attended the Friends of San Clemente Beaches, Parks and Recreation Foundation Golf Tournament on June 20, 2025.
· Attended the Doheny Art Festival on June 21, 2025.
· Attended the San Clemente Chamber of Commerce Board meeting on June 23, 2025.
· Attended the Public Safety Committee meeting on June 24, 2025. · Met with a resident concerning sidewalk renovation on June 24, 2025. · Met with City Manager Hall concerning an issue at the Municipal Golf Course on June 25, 2025.
· Attended the 30th Anniversary Ribbon Cutting Event for the San Clemente Journal on June 25, 2025.
· Attended the Ribbon Cutting Event for Providence Health Care on June 26, 2025.
· Met with organizers of the sand/public safety initiative on July 1, 2025. · Toured the Hoag Medical Center on July 7, 2025.
· Attended the Ribbon Cutting Event at Hoag Medical Center on July 12, 2025. · Attended the Orange County Sheriff Department P.M. Watch Roll Call on July 15, 2025.
· Attended the Ocean Hills Homeowners Association Meeting on July 15, 2025.
· Attended the San Clemente City Employee picnic and cornhole tournament on July 16, 2025.
· Met with Noble Path Foundation students regarding their "bandoggo" program on July 16, 2025.
· Attended a Friends of San Clemente Beaches, Parks and Recreation

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City Council Special and Regular Meeting Minutes August 5, 2025 Foundation meeting on July 17, 2025.
· Attended a ribbon cutting for Save Our Beaches at the San Clemente Pier on July 18, 2025.
· Attended a ribbon cutting for Xclusive Riviera on July 18, 2025. · Met with USA Surfing regarding representation with the USO on July 29, 2025.
· Attended a meeting with City Manager Hall, Community Development Director Atamian and Marblehead Homeowners Association on July 29, 2025.
· Attended a meeting with City Manager Hall, Councilmember Cabral and Shorecliffs Golf Course Management concerning a potential development project on July 31, 2025.

Councilmember Cabral:
· Attended the Investment Advisory Committee meeting on July 28, 2025. · Attended the San Onofre Nuclear Generating Station (SONGS) Community Engagement Panel meeting; provided an update on the efforts to relocate the spent fuel and storage of nuclear material at the site. · Attended a San Diego Association of Governments (SANDAG) meeting discussing sand placement on Southern California beaches from Santa Barbara to the US-Mexico Border on July 25, 2025.
· Attended the Orange County Fire Authority (OCFA) Legislative and Public Affairs Board Meeting on July 16, 2025; discussed the fire in San Clemente on July 4, 2025 and tsunami alert communications with residents. · Attended the OCFA Human Resources Committee meeting on August 5, 2025.
· Announced that the Orange County Transportation Authority (OCTA) received the California Coastal Commission permit to place sand on San Clemente beaches. OCTA is working with the Army Corps of Engineers to obtain a permit for the sand placement project. Announced that the sand for the project will be sourced from a quarry in Palm Springs. · Attended a Cal Cities briefing with State Senator Umberg on July 29, 2025. · Attended the Downtown Business Association meeting concerning issues related to parking and upcoming events.
· Recognized Chief Administrative Officer/Assistant City Manager Brower for his efforts to resolve an issue concerning the development of the miniature golf course.
· Attended the Hoag Health Center Grand Opening on July 12, 2025. · Attended the Fourth of July fireworks event at the Pier. · Attended the Ocean Festival.
· Announced the upcoming beach concert on August 14, 2025.

Mayor Pro Tem Enmeier:
· Attended the CPR Training event with the Junior Guard Foundation on June 19, 2025.
· Attended the PierPride Cruise Fundraiser on June 20, 2025.

263
City Council Special and Regular Meeting Minutes August 5, 2025 · Attended the San Clemente Art Association Awards reception. · Attended the ribbon cutting for Providence Medical Center. · Met with the Anti-Defamation League.
· Attended the Cal Cities Coastal Cities Group meetings. · Attended the Stars, Stripes and Slip and Slide event on July 4, 2025. · Toured Hoag Medical Center on July 7, 2025.
· Attended the ribbon cutting for Hoag Medical Center on July 12, 2025. · Attended the Orange County Transportation Authority (OCTA) Coastal Rail Resiliency Study meeting on July 15, 2025.
· Attended the OCTA Elected Official Roundtable Discussion for Measure M2 10-year review on July 16, 2025.
· Attended the Cal Cities Coastal and Bay Cities Quarterly Forum on July 23, 2025.
· Met with the Noble Path Foundation on July 23, 2025.
· Attended the Junior Guards Session II Awards Ceremony and pier jump on July 18, 2025.
· Attended the San Clemente High School Education Foundation Pickleball Tournament on July 26, 2025.
· Attended the Beach Concert on July 31, 2025.
· Attended the Ocean Festival.
· Attended the US Open and gathered information relevant to the 2028 Olympics.

Mayor Knoblock:
· Attended a voter integrity seminar presented by the Lincoln Club. · Toured San Clemente with Customs and Border Protection Agents regarding placement of surveillance cameras within the City.
· Attended the Joint Powers Insurance Agency (JPIA) meeting. · Commented on the City’s emergency preparedness as it relates to the tsunami alerts.
· Provided an update to the City Council concerning Supervisor Foley's South County Beach Coalition Committee.

3. Oral Communications (Part 1)
Cyndi, Noble Path Foundation, commented on the work of the Noble Path Foundation; distributed a flyer for the "Bandoggo" initiative. A hard copy of the flyer is on file with the City Clerk.

Sydney Hawfield, San Clemente, spoke on the "Bandoggo" initiative.

William Kreutinger spoke on the "Bandoggo" initiative.

The City Council directed City Manager Hall and Beaches, Parks and Recreation Director Wylie to work with the Noble Path Foundation concerning their "Bandoggo" initiative.

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City Council Special and Regular Meeting Minutes August 5, 2025 Kirra Pinkerton, San Clemente, spoke in support of USA Surfing as the National Governing Body for surfing at the 2028 Olympics.

Kip Sheppard, San Clemente, spoke in support of USA Surfing as the National Governing Body for surfing at the 2028 Olympics.

Vipe Desai displayed a photo in support of USA Surfing as the National Governing Body for surfing at the 2028 Olympics. A hard copy of the photograph is on file with the City Clerk.

Becky Fleischauer, USA Surfing, spoke in support of USA Surfing as the National Governing Body for surfing in the 2028 Olympics.

Cheryl spoke on election integrity in the 2022 and 2024 general elections.

Linda M read a proposed resolution concerning election integrity.

George read a proposed resolution concerning election integrity.

Pam read a proposed resolution concerning election integrity.

Lisa H. spoke on election integrity; urged the City Council to sign the proposed resolution that was read by the previous speakers.

4. Motion waiving reading in full of all Resolutions and Ordinances Motion by Mayor Pro Tem Enmeier, second by Councilmember Cabral, CARRIED 5-0, to waive reading in full of all Resolutions and Ordinances.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

5. Consideration of agendizing items requiring immediate action Motion by Mayor Knoblock, second by Councilmember Wu, CARRIED 5-0, to make a determination under Government Code section 54954.2(b)(1) that an emergency situation exists as defined in Government Code section 54956.5(a) (1) in that there is a crippling or other activity that severely impairs both public health and safety, specifically the need to award a construction contract for the Marquita Slope Interim Reconstruct Project under the Emergency Coastal Development Permit to protect the Linda Lane Pump Station and prevent a catastrophe and place that item on tonight's agenda as Item 10C.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

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City Council Special and Regular Meeting Minutes August 5, 2025

6. Closed Session Report - City Attorney
City Attorney Mitchell provided the following Closed Session Report:

Councilmember Wu did not participate in Closed Session Item A, the City Council provided direction, no reportable action concerning:

A. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Whether to initiate litigation pursuant to Government Code section 54956.9(d)(4) Number of Cases: 1
Councilmember Wu joined Closed Session at 4:33 p.m.

Direction given, no reportable action concerning:

B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(a)&(d)(2)
Number of Cases: 1
Facts and Circumstances per Government Code section 54956.9(e)(2):

Alleged violation of the Davis-Stirling Common Interest Development Act (Civil Code sections 4000, et seq.) as set forth in the attached letter from Angelo and Lisa Garruba.

Direction given, no reportable action concerning:

C. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Whether to initiate litigation pursuant to Government Code section 54956.9(d)(4) Number of Cases: 1
The City Council struck this item from the agenda:

D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code section 54956.9(d)(1) Number of Cases: 1
Case Name: MDL No. 2804 National Prescription Opiate Litigation Proposed Opioid Settlements
Direction given, no reportable action concerning:

E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Discussion concerning right-of-entry agreement and related real property transactions in compliance with Government Code section 54956.8 regarding:

Real Property Negotiations: APN 678-163-01

266
City Council Special and Regular Meeting Minutes August 5, 2025 Property: Properties located at the southwest corner of Avenida La Pata and Vista Hermosa
City Negotiators: Andy Hall, City Manager
Negotiating Parties: Orange County Fire Authority
Under Negotiations: Price and terms

7. Staff Communications
Public Works Director/City Engineer Rebensdorf narrated a PowerPoint presentation entitled "Mariposa Trail and Casa Romantica Project Update" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

8. Public Hearings
8A. PUBLIC HEARING - SETTING VOLUNTARY DONATION FEES FOR THE C.A.R.E. (CELEBRATE, ACKNOWLEDGE, REMEMBER, ENHANCE)

PROGRAM SUPPORTING PUBLIC SPACE AMENITIES AT PARKS,

BEACHES, TRAILS, SIDEWALKS, AND THE MUNICIPAL GOLF COURSE,

APPROVING THE PROGRAM AND RELATED POLICY AND FINDING THE

ACTIONS CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Mayor Knoblock opened the Public Hearing.

Beaches, Parks and Recreation Director Wylie reviewed the contents of the Administrative Report and responded to City Council inquiries.

Ed Kweskin spoke on standards for the program; suggested adding a "game" table (chess) as a donation option.

There being no others desiring to speak, Mayor Knoblock closed the Public Hearing.

Following discussion, the City Council directed that the Beaches, Parks and Recreation Director return to the City Council for consideration of a game table option to be included in the C.A.R.E. Program.

Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 5-0, to:

Adopt Resolution No. 25-106, which will:

1. Determine that the projects are categorically exempt under the California Environmental Quality Act (CEQA) Guidelines Section 15301 (Existing Facilities) and Section 15311 (Accessory Structures).

2. Increase the C.A.R.E. Program donation amount to $7,000 for benches and picnic tables placed in City parks, beaches, trails, and other public spaces.

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City Council Special and Regular Meeting Minutes August 5, 2025

3. Establish a new voluntary donation opportunity through the C.A.R.E. Program for the San Clemente Municipal Golf Course and set the donation amount for benches at $3,500 and for drinking fountains/water refill stations at $8,250.

4. Adopt Policy No. 702-8, entitled C.A.R.E. Public Amenity Donation Program.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

9. Unfinished Business
None.

10. New Business
10A. CONSIDERATION OF IN-HOUSE OPERATIONS FOR SAN CLEMENTE

MUNICIPAL GOLF COURSE PRO SHOP SERVICES
Beaches, Parks and Recreation Director Wylie reviewed the contents of the Administrative Report and responded to City Council inquiries.

James Kemp, San Clemente, spoke in support of a contracted concessionaire to manage the Municipal Golf Course operations.

Edward Kweskin, San Clemente, spoke in support of a contracted concessionaire to manage the Municipal Golf Course operations.

Don Brown, San Clemente, expressed concerns regarding the City managing the Municipal Golf Course operations.

Amanda Quintanilla spoke on the exclusivity of the use of City property; opined that the City should evaluate all options concerning the operations of the Municipal Golf Course.

Motion by Councilmember Cabral, second by Mayor Pro Tem Enmeier, CARRIED 4-1 (Councilmember Wu voting NOE) to direct staff to develop and return with a comprehensive proposal for transitioning the San Clemente Municipal Golf Course Pro Shop operations to an in-house model upon expiration of the current contract on December 31, 2026.

AYE: Cabral, Enmeier, Loeffler and Mayor Knoblock
NOE: Wu

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City Council Special and Regular Meeting Minutes August 5, 2025 10B. CONSIDERATION OF JOINING THE ASSOCIATION OF CALIFORNIA CITIES,

ORANGE COUNTY DIVISION (ACC-OC)
Kris Murray, Executive Director The Association of California Cities, Orange County (ACC-OC), narrated a PowerPoint presentation entitled "Association of California Cities Orange County". A hard copy of the presentation is on file with the City Clerk.

Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 5-0, to:

1. Direct the City Manager to take all necessary actions to submit an Association of California Cities Orange County (ACC-OC) membership application and payment of $12,209.25 for the annual dues, and approve the supplemental appropriation for Account No. 001-203-44110.

2. Appoint the Mayor as the official Association of California Cities Orange County (ACC-OC) representative.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
Meeting Recess
The City Council recessed the meeting at 7:40 p.m. and reconvened at 7:46 p.m. with all City Councilmembers present.
10C. MARQUITA SLOPE INTERIM RECONSTRUCT PROJECT
This item was agendized as an emergency item, please reference page six of these minutes for a summary of action.

Amanda Quintanilla commented on the project plans and site conditions; expressed concerns regarding safety.

Motion by Councilmember Wu, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adopt Resolution No. 25-113 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO ALLIANCE DIVERSIFIED ENTERPRISES, INC. FOR THE MARQUITA SLOPE INTERIM RECONSTRUCT CIP PROJECT NO. 21208 IN AN AMOUNT NOT TO EXCEED $ 2,149,870, APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $500,190, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION 153019) OF THE STATE CEQA GUIDELINES.

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City Council Special and Regular Meeting Minutes August 5, 2025 AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

11. Consent Calendar
Item 11A(2) was removed from the Consent Calendar for discussion.

A. City Council Minutes
Motion by Councilmember Loeffler, second by Councilmember Cabral, CARRIED 5-0, to:
(1) APPROVE THE ADJOURNED REGULAR CITY COUNCIL MEETING MINUTES OF JUNE 17, 2025.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
B. Commission/Committee Minutes
Motion by Councilmember Loeffler, second by Councilmember Cabral, CARRIED 5-0, to receive and file the following:
(1) GOLF COURSE COMMITTEE REGULAR MEETING MINUTES OF FEBRUARY 6, 2025.
(2) BEACHES, PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES OF APRIL 8, 2025.
(3) INVESTMENT ADVISORY COMMITTEE REGULAR MEETING MINUTES OF APRIL 28, 2025.
(4) ARTS AND CULTURE COMMITTEE REGULAR MEETING MINUTES OF MAY 19, 2025.
(5) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF MAY 27, 2025.
(6) INVESTMENT ADVISORY COMMITTEE SPECIAL MEETING MINUTES OF MAY 27, 2025.
(7) PLANNING COMMISSION REGULAR MEETING MINUTES OF JUNE 18, 2025. (8) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF JUNE 24, 2025.
(9) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES OF JUNE 25, 2025.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

270
City Council Special and Regular Meeting Minutes August 5, 2025 C. Warrant Register
Motion by Councilmember Loeffler, second by Councilmember Cabral, CARRIED 5-0, to:
(1) APPROVE HANDWRITE NOS.
605410 THROUGH 605416, WIRE
TRANSFER NOS. 3256 THROUGH
3261 AND WARRANT NOS. 605271
THROUGH 605409, PAID ON 6-20-25,
IN THE AMOUNT OF $4,784,658.64
(2) APPROVE WIRE TRANSFER NOS.
3262 THROUGH 3267 AND WARRANT NOS.
605417 THROUGH 605576, PAID ON
6-27-25, IN THE AMOUNT OF $2,566,875.67
(3) APPROVE WARRANT NOS.
605577 THROUGH 605764, PAID ON
7-3-25, IN THE AMOUNT OF $1,030,305.43
(4) APPROVE HANDWRITE NO. 605860,
WIRE TRANSFER NOS. 3268
THROUGH 3275 AND WARRANT NOS.
605765 THROUGH 605859, PAID ON
7-11-25, IN THE AMOUNT OF $5,602,647.78
(5) APPROVE WIRE TRANSFER NOS.
3276 THROUGH 3279 AND WARRANT NOS.
605861 THROUGH 606001, PAID ON
7-18-25, IN THE AMOUNT OF $6,779,623.20
(6) APPROVE WIRE TRANSFER NOS.
3280 THROUGH 3285 AND WARRANT NOS.
606002 THROUGH 606201, PAID ON
7-25-25, IN THE AMOUNT OF $2,489,674.74
TOTAL WARRANT REGISTER $23,253,785.46
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

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City Council Special and Regular Meeting Minutes August 5, 2025 Payroll Register
Motion by Councilmember Loeffler, second by Councilmember Cabral, CARRIED 5-0, to:

APPROVE AUTOMATIC DEPOSIT
ADVISES 103704 THROUGH 104067,
FOR THE PERIOD 5-26-25 THROUGH
6-8-25, PAID ON 6-13-25,
IN THE AMOUNT OF $550,558.50

APPROVE AUTOMATIC DEPOSIT
ADVISES 104068 THROUGH 104468,
FOR THE PERIOD 6-9-25 THROUGH
6-22-25, PAID ON 6-27-25,
IN THE AMOUNT OF $654,610.15

APPROVE AUTOMATIC DEPOSIT
ADVISES 104469 THROUGH 104860,
FOR THE PERIOD 6-23-25 THROUGH
7-6-25, PAID ON 7-11-25,
IN THE AMOUNT OF $658,580.88

APPROVE AUTOMATIC DEPOSIT
ADVISES 104861 THROUGH 105241,
FOR THE PERIOD 7-7-25 THROUGH
7-20-25, PAID ON 7-25-25,
IN THE AMOUNT OF $646,660.41
TOTAL PAYROLL REGISTER $2,510,409.94
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
11D. ADOPT ORDINANCE NO. 1793 (SECOND READING) - AMENDING SECTIONS 3.40.050 AND 3.40.080 OF SAN CLEMENTE MUNICIPAL CODE TITLE 3 REVENUE AND FINANCE RELATING TO PURCHASING

PROCEDURES
Motion by Councilmember Loeffler, second by Councilmember Cabral, CARRIED 5-0, to adopt Ordinance No. 1793 entitled AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SAN CLEMENTE MUNICIPAL CODE TITLE 3 REVENUE AND FINANCE, CHAPTER 3.40, SECTIONS 3.40.050 AND 3.40.080 RELATING TO PURCHASING PROCEDURES.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

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City Council Special and Regular Meeting Minutes August 5, 2025 11E. CONSIDERATION OF A RESOLUTION ACCEPTING AN UPDATED GRANT

AMOUNT FROM CALIFORNIA COASTAL COMMISSION, AUTHORIZING A

RELATED SUPPLEMENTAL APPROPRIATION, AUTHORIZING THE CITY

MANAGER TO EXECUTE A RELATED CONTRACT AMENDMENT WITH

CETO CONSULTING, LLC AND FINDING THE PROJECT CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Councilmember Loeffler, second by Councilmember Cabral, CARRIED 5-0, to:

Adopt Resolution No. 25-107, which will:

1. Determine that project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 6 of the state CEQA Guidelines, Section 15306 (14 CCR § 15306, Information Collection).

2. Accept a grant from the Coastal Commission in the amount of $59,000.

3. Approve an additional supplemental appropriation of $9,000 to be reflected in the following revenue and expenditure accounts:
001-000-33446 $9,000 (Revenue)
001-433-43695 $9,000 (Expenditure)

4. Approve and authorize the City Manager to execute, Amendment No. 1 to Contract No. AC-1315, by and between the City of San Clemente and CETO, providing for professional services to capture and analyze data for the City’s Local Coastal Program, with a total contact amount not to exceed $59,000.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
11F. CITY’S FISCAL YEAR 2025 THIRD QUARTER FINANCIAL REPORT Motion by Councilmember Loeffler, second by Councilmember Cabral, CARRIED 5-0, to receive and file the City’s Third Quarter Financial Report dated August 5, 2025, and on file with the City Clerk.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

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City Council Special and Regular Meeting Minutes August 5, 2025 11G. CONSIDERATION OF A RESOLUTION APPROVING SBA LOAN

AGREEMENT DOCUMENTS FOR SALTY TURF, LLC LEASEHOLD

INTEREST
Motion by Councilmember Loeffler, second by Councilmember Cabral, CARRIED 5-0, to adopt Resolution No. 25-108 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING EXECUTION OF A TRI-PARTY AGREEMENT, COLLATERAL

ASSIGNMENT OF LEASE, AND MEMORANDUM OF AGREEMENT IN
CONNECTION WITH AN SBA LOAN FOR SALTY TURF, LLC.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
11H. CONSIDERATION OF A RESOLUTION APPROVING THE PURCHASE OF WATER METERS FOR FISCAL YEAR 2025- 26 FROM FERGUSON

WATERWORKS AND METRON-FARNIER AS SOLE SOURCE VENDORS IN A CUMULATIVE AMOUNT NOT TO EXCEED $122,140, AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Motion by Councilmember Loeffler, second by Councilmember Cabral, CARRIED 5-0, to:

Adopt Resolution No. 25-109, which will:

1. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the state CEQA Guidelines.

2. Approve the purchase of water meters from Ferguson Waterworks as a sole source vendor based on the Fixed price quote, provided as Attachment 2 of the Administrative Report dated August 5, 2025, and on file with the City Clerk.

3. Approve the purchase of water meters from Metron-Farnier as a sole source vendor based on the fixed price quote, provided as Attachment 3 of the Administrative Report dated August 5, 2025, and on file with the City Clerk.

4. Approve the expenditure for water meter purchases for Fiscal Year 2025-26 for a total amount not to exceed $122,140.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

274
City Council Special and Regular Meeting Minutes August 5, 2025 11I. CONSIDERATION OF A RESOLUTION APPROVING SUPPLEMENTAL

APPROPRIATIONS FOR GOLF COURSE MAINTENANCE EQUIPMENT,

LANDSCAPE IMPROVEMENTS, AND FACILITY REPAIRS, APPROVING

SUCH PROJECTS AND FINDING THE PROJECTS CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Councilmember Loeffler, second by Councilmember Cabral, CARRIED 5-0, to:

Adopt Resolution No. 25-110, which will:

1. Find the projects categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15302 (Class 2, Replacement or Reconstruction, 14 CCR §15302).

2. Approve a supplemental appropriation of $74,071 from the Golf Depreciation Reserve Fund Balance to the Golf Depreciation Reserve Machinery & Equipment Account No. 056-666-45500-000-00000 to fund the replacement of maintenance machinery and equipment and approve such projects .

3. Approve a supplemental appropriation of $56,000 from the Golf Fund Operating Unassigned Fund Balance to Golf Course Maintenance Other Contractual Services Account No. 056-661-43890-000-00000 to fund landscape improvements, golf course bathroom repairs, and HVAC replacement at the maintenance shop and approve such projects.

4. Approve a supplemental appropriation of $35,000 from the Golf Depreciation Reserve Fund Balance to the Golf Depreciation Reserve Tenant Improvements Account No. 056-666-45330-000-00000 for the replacement of the water heater serving the snack bar and restrooms, and the replacement of kitchen flooring in the clubhouse restaurant and approve such projects.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

275
City Council Special and Regular Meeting Minutes August 5, 2025 11J. REPEAL RESOLUTION 25-86 AND ADOPT RESOLUTION 25-111 TO SELECT PUBLIC AGENCY RETIREMENT SERVICES (PARS) AS THE CITY’S SECTION 115 PENSION INVESTMENT TRUST ADMINISTRATOR,

IMPLEMENT AN INVESTMENT STRATEGY ACCORDING TO THE

RECOMMENDATIONS OF THE INVESTMENT ADVISORY COMMITTEE,

APPROVE AND AUTHORIZE EXECUTION OF RELATED AGREEMENTS,

AND FUNDING THE TRUST
Motion by Councilmember Loeffler, second by Councilmember Cabral, CARRIED 5-0, to:

Repeal Resolution No. 25-86 and Adopt Resolution 25-111, which will:

1. Appoint the City Treasurer, as the City’s Plan Administrator for the Section 115 Trust.

2. Adopt the PARS Public Agencies Post-Employment Benefits Trust dated November 5, 2014.

3. Appoint the Public Agency Retirement Services (PARS) to serve as the Trust Administer of the City’s Section 115 Pension Investment Trust Fund.

4. Approve the Investment Advisory Committee recommendation to select the Capital Appreciation portfolio within the Tactical Management investment strategy.

5. Approve the PARS agreement documents, provided as attachments to the Administrative Report dated August 5, 2025, and on file with the City Clerk.

6. Authorize the City Treasurer to execute the agreements between the City of San Clemente, Public Agency Retirement Services (PARS) and US Bank, specifically the:
a. PARS Agreement for Administrative Services
b. PARS Adoption Agreement
c. PARS Trustee Investment Management Fee Schedule
d. US Bank Authorized Signers Form
e. US Bank Investment Strategy Selection and Disclosure Form

7. Authorize the preliminarily funding of the 115 Trust in the amount of $1.18 million from General Fund account number 001-203-48630.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

276
City Council Special and Regular Meeting Minutes August 5, 2025

ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
11A2 APPROVE THE SPECIAL AND REGULAR CITY COUNCIL MEETING MINUTES OF JUNE 17, 2025.

Motion by Councilmember Wu, second by Mayor Knoblock, CARRIED 5-0, to amend the minutes on pages seven and eight, Motion by Councilmember Wu number five will be modified to read:

Maintain the status quo in processing applications for short term lodging units (STLU) to short term apartment rentals (STAR) conversions on a first-come, first-served basis in the order in which such applications are submitted, provided they are deemed complete during the review process by staff, and apply current 300-foot minimum separation requirements.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

12. Oral Communications (Part 2)
Reva Buck commented on the Broadmoor Homeowners Association enforcement of trees exceeding the 17ft height.

Amanda Quintanilla expressed concerns regarding the Miramar Theater as it relates to historical features; commented on a San Clemente Times "Letter to the Editor" concerning the Orange County Transportation Authority (OCTA).

Paul Buck, San Clemente, commented on the Broadmoor Homeowners Association enforcement of trees exceeding the 17ft height.

Kal Kouatli, San Clemente, commented on the concessions given by the homeowners on Calle Felicidad to the Broadmoor Homeowners Association concerning the 17 ft height restriction.

13. Future Agenda Items
USA Surfing
Mayor Knoblock, with the support of Councilmember Cabral and Councilmember Loeffler, agendized consideration of a Resolution to urge legislators to recognize USA Surfing as the National Governing Body for the 2028 Olympics.

Citizen Initiated Ballot Initiative
Councilmember Wu, with the support of Mayor Knoblock, agendized discussion of creating a policy for citizen's initiated ballot measures that would require posting the initiative online once it is received by the City Clerk and impose a $200 filing fee.

277
City Council Special and Regular Meeting Minutes August 5, 2025 Vacant Property - North Beach
Mayor Pro Tem Enmeier, with the support of Councilmember Loeffler and Councilmember Cabral, agendized consideration of providing direction to staff concerning the vacant property in North Beach. Staff Report should include history of the property and uses.

South County Beach Coalition Committee
Mayor Pro Tem Enmeier, with the support of Councilmember Loeffler, agendized discussion of Supervisor Foley's South County Beach Coalition Committee.

Dog Beach Pilot Program
Councilmember Loefffler, with the support of Mayor Knoblock and Mayor Pro Tem Enmeier, agendized a status report from the Beaches, Parks and Recreation Commission concerning the dog beach pilot program.

14. Reports
A. City Attorney
None.

B. City Manager
City Manager Hall announced he executed the following contracts under his signature authority:

1. CivicStone, Inc. providing for Community Development Block Grant (CDBG) Housing Rehabilitation Program Administration in the amount of $10,000.

2. United Building & Development Services providing for installation of existing and new bird netting in the amount of $13,989.

3. Galvin Preservation Associates providing for professional historic preservation in the amount of $10,000.

4. Perry Johnson Laboratory Accreditation, Inc. providing for Laboratory Accreditation in the amount of $5,200.

5. BFK Engineers providing for Catch Drain and Storm Drain Improvements in the amount of $50,296.

6. Aspen Environmental Group providing for Planning and Environmental Consulting Services in the amount of $58,534.

7. Friendship Shelter Inc. Memorandum of Understanding for Housing Support

278
City Council Special and Regular Meeting Minutes August 5, 2025 Services in the amount of $54,000.

8. Rachel Hall providing for Recruitment Consulting Services for the Human Resources Manager in the amount of $24,000.

9. Black, O’Dowd and Associates DBA BOA Architecture providing for San Luis Rey Park Restroom Rehabilitation in the amount of $50,300.

10.Toal Engineering, Inc., providing for Reservoir 10 Easement Survey Services in the amount of $33,600.

15. Adjournment
Motion by Mayor Pro Tem Enmeier, second by Mayor Knoblock, CARRIED 5-0, to adjourn at 8:21 p.m. The next Regular Meeting will be held on August 19, 2025. Closed Session will begin at 4:30 p.m.The Business Meeting will commence at 5:30 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
_______________________________
Steve Knoblock, Mayor of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California

279
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: August 19, 2025 Agenda Item: (1)
280
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282
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: August 19, 2025 Agenda Item: (1)
..ag endizedby
..end
Subject:
..titl e
Approve Warrant Nos.
606202 through 606340, paid on
8-1-25, in the amount of $2,187,817.34
..end
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: August 19, 2025 Agenda Item: (2)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3286 through 3293 and Warrant Nos.
606341 through 606435, paid on
8-8-25, in the amount of $4,203,502.72
TOTAL WARRANT REGISTER $6,391,320.06 ..end
298
299
300
301
302
303
304
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910 Calle Negocio
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San Clemente, California
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AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: August 19, 2025 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Approve Warrant Nos. 983
through 984 and Automatic
Deposit Advises 105242
through 105627, for the period
7-21-25 through 8-3-25, paid
on 8-8-25, in the amount of $641,238.51
TOTAL PAYROLL REGISTER $641,238.51 ..end
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910 Calle Negocio
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AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: August 19, 2025 Agenda Item: 11D.

Submitted By: Public Works
Prepared By: Randy Little, Maintenance Manager
Subject:
..titl e

CONSIDERATION OF A RESOLUTION APPROVING A FIRST AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH COLTS LANDSCAPE, INC. FOR LANDSCAPE MAINTENANCE OF CITY PROPERTIES EAST OF I-5 (C22-28), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT ..body Fiscal Impact:

There is no fiscal impact on the proposed first amendment to the agreement with Colts Landscaping, Inc. The total value of the amendment is for services not to exceed $823,677.33 for Fiscal Year 2025-26, which is included in the approved budget. The amendment reflects a five percent increase (from $703,677.60 to $738,861.48) on the base services compared to the last Fiscal Year and $84,815.85 in supplemental services (athletic field renovation, vandalism repair and landscape enhancements) which is a $35,184.15 reduction from the current year. There is no supplemental appropriation being requested for the Fiscal Year 2025-26 Budget.

Summary:

On June 7, 2022, the City Council approved a three-year Agreement with Colts Landscape, Inc. to provide landscape maintenance services for various City parks/properties east of I-5 through June 30, 2025. The Agreement, as bid, provides an option for two one-year extensions. The resolution before the City Council would approve a first amendment to the Agreement, extending services for one-year to continue maintenance of certain City parks/properties east of I-5 and give the City Manager the discretion to execute a second amendment administratively next fiscal year if within the City Council approved budgeted amount.

Background:

The landscape maintenance services at 14 City parks and facilities east of I-5 are maintained through a contractual agreement. The scope of work provides trash and litter removal seven days a week, hardscape cleaning, landscape maintenance and the maintenance of Baron Von Willard Dog Park. Staff has reviewed the Contractor's performance of its duties under the terms of the Agreement and recommends renewal.

When the competitive bids were solicited for the landscape maintenance services, all bidders were asked to include a bid for three years, with two potential one-year extensions. Therefore, the extensions were reviewed through the competitive process. The proposed First Amendment, which was included in the original bid process, to the Agreement (Attachment 2) includes the following:
 Term Extension: The Agreement will be extended for one (1) year, with an extended term beginning July 1, 2025 and expiring June 30, 2026. 308
Meeting Date: August 19, 2025 Agenda Item: 11D.

CITY OF SAN CLEMENTE 2
 Compensation: Per the original bid, the first one-year extension included a five percent increase from $703,677.60 to $738,861.48. In addition, staff is recommending continuation of supplemental services to support athletic field renovation, vandalism repair and landscape enhancements in a reduced amount of $84,815.85, which is included in the Fiscal Year 2025- 26 Budget for account number 001-635-43425-000-00000. This represents a reduction of $35,184.15 for supplemental services in comparison with the previous Fiscal Year 2024-25 contract amount, which was $120,000.
 Future Extension: The resolution would authorize the City Manager, upon review of performance, to exercise the last and final contract extension according to the terms of the original Agreement, as amended, provided that it is within the approved budget amount for Fiscal Year 2026-27.

Council Options:
 Adopt Resolution No. 25-119, which will approve a First Amendment to the Agreement to include a one-year extension and total costs not to exceed $823,677.33, and authorize the City Manager to execute the amendment and exercise the second one-year option, upon satisfactory performance, for the next fiscal year provided that it is within the City Council adopted budget amount.
 Modify and adopt Resolution No. 25-119.
 Continue the item with direction to provide additional information.  Do not adopt Resolution No. 25-119 or approve Amendment No. 1 with Colts Landscaping, Inc. to continue maintenance of certain City parks/properties east of I-5.

Environmental Review/Analysis:

This project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR § 15301), Section 15301 of the state CEQA Guidelines.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No 25-119, which will:

1. Approve and authorize the City Manager to execute the First Amendment to the Agreement with Colts Landscaping, Inc. for a one-year extension of maintenance services for landscaping at 14 City parks and facilities east of I-5 at a total cost not to exceed $823,677.33; and

2. Authorize the City Manager, upon satisfactory performance, to exercise the last and final contract extension according to the terms of the original Agreement, as amended, provided that it is within the City Council approved budget amount for Fiscal Year 2026-27. ..end
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Meeting Date: August 19, 2025 Agenda Item: 11D.

CITY OF SAN CLEMENTE 3
Attachment:

1. Resolution No. 25-119

2. Amendment No. 1 between the City of San Clemente and Colts Landscaping, Inc.

3. Original Agreement (Contract No. 22-28)

4. June 7, 2022 Agenda Report
Notification:

Colts Landscape, Inc.
310
Attachment 1
RESOLUTION NO. 25-119

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, APPROVING A FIRST

AMENDMENT TO MAINTENANCE SERVICES
AGREEMENT NO. C22-28 WITH COLTS LANDSCAPE,
INC. FOR LANDSCAPE MAINTENANCE OF CITY
PROPERTIES EAST OF I-5, AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AMENDMENT AND

FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14
CCR§ 15301), SECTION 15301 OF THE STATE CEQA

GUIDELINES
WHEREAS, the City of San Clemente ("City") entered into Maintenance Services Agreement No. 22-28 ("Agreement") with Colts Landscape, Inc. ("Contractor") on June 7, 2022 for the landscape maintenance of City properties east of I-5; and WHEREAS, Section 3.1.2 of the Agreement specifies an initial term through June 30, 2025, with the option to extend the total Agreement term by up to two (2) one-year extensions; and
WHEREAS, it is in the best interests of the City to exercise the first one-year extension to provide for landscape maintenance of City properties east of I-5 through June 30, 2026; and
WHEREAS, this project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR § 15301), Section 15301 of the state CEQA Guidelines.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

SECTION 1. That the above recitals are true and correct and incorporated herein fully by reference.

SECTION 2. That the First Amendment to the Agreement with Colts Landscaping, Inc. for a one-year extension of maintenance services for landscape maintenance of City properties east of I-5 at a total cost not to exceed $823,677.33 is hereby approved.

SECTION 3. That the City Manager is hereby authorized and directed to execute said First Amendment in a form substantially similar to that presented to the City Council on August 19, 2025.

SECTION 4. That the City Manager is hereby authorized, in the exercise of his discretion, to execute a second amendment to the Agreement with Colts to exercise the last and final contract extension according to the terms of the original Agreement, as 311
Resolution No. 25-119 Page 2
amended, provided that it is within the City Council approved budget amount for Fiscal Year 2026-27 without additional approval from the City Council.

SECTION 5. That the City Manager is authorized and directed to take such actions and execute such other and further documents as may be necessary to accomplish the purposes of this resolution and implement the project.

SECTION 6. 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 , 2025
ATTEST:

CITY CLERK of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 312
Resolution No. 25-119 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-119 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 _______________, 2025. ________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
313
Attachment 2

FIRST AMENDMENT TO

AGREEMENT FOR MAINTENANCE SERVICES FOR

LANDSCAPE MAINTENANCE
This First Amendment to the Agreement for Maintenance Services for Landscape of Properties East of I-5 (this “First Amendment”) is made and entered into on this1st day of July, 2025, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and Colts Landscape, Inc., a California corporation with its principal place of business located at 12111 Chapman Avenue, Garden Grove, California 92840 (“Contractor”).

R E C I T A L S:

A. City and Contractor entered into that certain Agreement for Maintenance Services for Landscape of Properties East of I-5 (the “Agreement”) on June 7, 2022.

B. Section 3.1.2 of the Agreement specifies an initial term of July 1, 2022, through June 30, 2025, with the option to extend the total Agreement term by up to two (2) one-year extensions.

C. City and Contractor desire to amend the Agreement to exercise the first one-year term extension, to provide for maintenance services for City properties east of I-5 from July 1, 2025 to June 30, 2026.

D. Exhibit B of the Agreement specifies the Total Per Year Cost of $738,861.48 for base services for the first one-year term extension.

E. City and Contractor desire to amend the Agreement to exercise the first one-year term extension for the period of July 1, 2025 through June 30, 2026, at the established first one-year extension total year cost of $738,861.48 with an annual supplement of $84,815.85, for a total not to exceed cost of $823,677.33.

F. City and Contractor desire to amend the Agreement in the manner provided herein.

COVENANTS
The Parties agree as follows:

Section 1: Section 3.1.2 of the Agreement titled “Term” is hereby deleted and replaced in its entirety with the following:

3.1.2 Term.

The term of the Agreement shall be from July 1, 2022 and shall continue and remain in effect until June 30, 2026, unless terminated earlier as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement for one (1) additional one-year extension. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and 314
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Section 2: Section 3.3.1 of the Agreement titled “Compensation” is hereby deleted and replaced in its entirety with the following:

3.3.1 Compensation.

Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in in Exhibit “A” attached hereto and incorporated herein by reference. The total compensation for the initial term through June 30, 2025, shall not exceed Two Million, Four Hundred Seventy-One Thousand, Thirty-Two DOLLARS ($2,471,032.00), which includes an annual supplement of One Hundred Twenty Thousand DOLLARS ($120,000.00). The total compensation for the first amendment to the Agreement exercising the a one-year term extension(s) shall not exceed Eight Hundred TwentyThree Thousand, Six Hundred Seventy-Seven DOLLARS and Thirty-Three CENTS ($823,677.33) annually, which includes an annual supplement of Eighty-Four Thousand, Eight Hundred Fifteen DOLLARS ($84,815.85) and Eighty-Five CENTS.

Extra Work may be pre-authorized in writing, as described below, and if so authorized, will be compensated at the rates and manner set forth in this Agreement.

Section 3: Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
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c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@e814be22\@[email protected] 05/07/25 IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite of their signatures and effective as of the date first entered above.

CITY OF SAN CLEMENTE
By:____________________________
Andy Hall, City Manager
ATTEST: Dated:_______________, 2025
_____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

COLTS LANDSCAPE, INC.,
a California Corporation
(“CONTRACTOR”)
By:

Alfredo Jose Jimenez, CEO/CFO/Secretary
Dated: _________________, 2025
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BID PROPOSAL FORM
(Included on the following pages)
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CITY OF SAN CLEMENTE

AGREEMENT FOR MAINTENANCE SERVICES

1. PARTIES AND DATE.

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

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain City Parks/Properties East of 1-5 Landscape maintenance services required by the City on the terms and conditions set forth in this Agreement and the Contract Documents, Plans, and Specifications for East of 1-5 Landscape maintenance services dated April 12, 2022 which are hereby incorporated as though fully set forth herein. The contract Documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Bid, together with this Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. Contractor represents that it is experienced in providing City Parks/Properties East of 1-5 Landscape maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that it is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such services for the Landscape Maintenance of City Properties East of 1-5, C22-28 project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from July 1, 2022 to June 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
55452.01100\31090125.5
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322

3.2 Responsibilities of Contractor.

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

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional 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. Contractor 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. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City's Representative. The City hereby designates Randy Little, Maintenance Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Contractor but not the authority to enlarge the Scope of Work or change the total compensation due to Contractor under this Agreement. The City's 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 Contractor's total compensation, subject to the provisions contained in Section 3.3 of this Agreement. Contractor shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

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

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

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

As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety 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 Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Laws and Regulations. Contractor 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. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents 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.

3.2.9 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all 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 as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, 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.

3.2.10 Labor

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

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

3.2.11 Insurance. Contractor agrees to procure and maintain, at Contractor's expense all insurance specified in Exhibit "C" attached hereto and by this reference incorporated herein. Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.

3.2.12 Bonds.

3.2.12.1 Performance Bond. If specifically requested by City in Exhibit "D" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-toexceed compensation i_ndicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "D" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

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

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

3.2.13 Water Quality Management and Compliance.

3.2.13.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.2.13.2 Compliance with Water Quality Laws, Ordinances and Regulations. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to San Diego Regional Water Quality Control Board Order No. R9-2013-0001 as amended by Order Nos. R9-2015-0001 and R9-2015-0100. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.

3.2.13.3 Compliance with Local Water Quality Requirements. In addition to compliance with the laws, ordinances and regulations listed in paragraph 3.2.13.2, Contractor shall comply with all applicable requirements of the Orange County Drainage Area Management Plan ("DAMP"), the City of San Clemente Water Quality Improvement Plan ("WQIP"), the City of San Clemente Jurisdictional Urban Runoff Management Plan ("JURMP"), and the applicable Water Quality Management Plan ("WQMP"). These documents contain Model Maintenance Procedures with Best Management Practices ("BMPs"). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, stormwater runoff, and receiving water quality.

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

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

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

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

3.2.13.3 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Contractor's failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Contractor for
delay in completing the Services caused by Contractor's failure to comply with the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "E" attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Million, Four Hundred Seventy-One Thousand, Thirty-Two DOLLARS ($2,471,032.00), which includes an.annual supplemental of One Hundred Twenty Thousand DOLLARS (120,000.00) without written approval of City's City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

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

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

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

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor 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 Contractor, terminate the whole or any part of this Agreement at any time, with or without cause, . by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor 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 Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

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

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

Contractor:
55452.01100\31090125.5
Colts Landscape, Inc.
11672 Brookshire Avenu~
Garden Grove, CA 92840
ATTN: Alfredo Jose Jimenez, President
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City: City of San Clemente
91 O Calle Negocio
San Clemente, CA 92673
ATTN: Randy Little
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

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

3.5.5 State License Board Notice. Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826.

3.5.6 Indemnification. To the fullest extent allowable by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney's fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers.

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

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

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

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

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

3.5.12 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do 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 Contractor include all personnel, employees, agents, and subcontractors of Contractor, 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 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 invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

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

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

3.5.21 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective 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. Contractor 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.
[SIGNATURES ON FOLLOWING PAGE]
55452.01100\31090125.5 10
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite their signatures.

San Clemente, California
APPROVED AS TO FORM:
:~z~tu~~tER
Ci Ao

APPROVED AS TO AVAILABILITY

OF FUNDING
By:~
Finance Authorization
55452.01100\31090125.5 11

CITY OF SAN CLEMENTE
By:_~=a.....-...-·- ~-------
lts: l\Jn\ic WOr'lS IA\1'.Cbc/ c,~ l?~iVleif
Dated: I / i::J , 2022 I
Colts Landscape, Inc.
("CONTRACTOR")
Contractor's License Number 916ef85
By Jrfrl.c ~ Its: ~,-Je1 d
Dated: ____ {_(_. (_-q: _______ , 2022
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WORKER'S COMPENSATION INSURANCE CERTIFICATION
LANDSCAPE MAINTENANCE OF CITY PROPERTIES EAST OF 1-5
Project No. C22-28

WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED}
D 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 , ::revc W"'f/'-f
Policy Number y<{S./) - !5o5q/2<J,o/
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.
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Dated: _ ...... l:_1_/2_:;i ____ _,, 2022
Colts Landscape, Inc.

Contracting Firm
Title
t~I/ fiKqlJh1eia 4t'e
Address
Gd{/e1tr 1 o/101\Ce 617e2Nt
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55452.01100\31090125.5
EXHIBIT "A"

SCOPE OF MAINTENANCE SERVICES
(Included in the Technical Maintenance Specifications
on the following pages}
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City of San Clemente - Public Works Department, Maintenance Services Division

SPECIFICATIONS
Landscape Maintenance of City Properties - East of 1-5
For City Parks/Properties Located on Inland Side of Interstate 5

TECHNICAL MAINTENANCE SPECIFICATIONS

1. DESCRIPTION OF SPECIFICATIONS AND INTENT
The intent of these specifications is to provide full and complete contract landscape maintenance at designated sites including City parks and City-owned landscaped areas. This contract is a 7 days per week, 365 days per year contract that requires a supervisor to be on-site during all contract operations.

2. SCOPE OF WORK
A. Furnish all labor, equipment, materials, and supervision to perform landscape maintenance as described herein, including but not limited to the following:

1. Weeding and cultivating both mechanically and with chemicals.

2. Mowing, edging, aerifying and fertilizing.

3. Shrub trimming, pruning and training.

4. Tree pruning and staking.

5. Plant replacement.

6. Irrigation monitoring, programming, system maintenance and repair.

7. General litter control, refuse removal, hardscape cleaning, and grounds inspection.

8. Access roadway clearance and visibility maintenance.

9. General drainage structure and system maintenance.

10. Playground area maintenance.

11. Sport court maintenance, and sports field maintenance and renovation.

12. Cleaning of amenities such as picnic tables, benches, trash enclosures, dumpsters and trash receptacles.

B. It shall not be the contractor's responsibility to maintain or repair area lighting systems, fencing, gates or any building located at the specified site, any bridges and accessory structures, or parking lots and roadways, except to the extent required in the Technical Specifications of the Bid Schedule, and to the extent that these facilities may be damaged by contractor operations or employees.

3. WORKING HOURS
General working hours shall be between the hours of 7:00 AM and 5:00 PM, Monday through Sunday.
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City of San Clemente - Public Works Department, Maintenance Services Division

4. LEVEL OF MAINTENANCE
A. All work shall be performed in accordance with the highest landscape maintenance standards, as stated in the enclosed maintenance specifications.

Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites.

B. All work shall meet with the approval of the City of San Clemente Public Works Department, Maintenance Manager or his or her designee. If so deemed by the City, there shall be weekly meetings with the Contractor and the City representative to determine progress and to establish areas needing attention.

C. Any keys to City facilities are the sole responsibility of the Contractor. No copies shall be made without permission of the City of San Clemente Maintenance Manager or his or her designee The loss or theft of these keys shall require re-keying of any such facilities at the Contractor's expense. •

5. DEDUCTIONS
A. These specifications are intended to cover all labor, materials, and workmanship to be employed in the work called for in these specifications or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications.

B. Any deviation from or failure to meet any aspect of the specifications set forth herein, and any failure to perform or complete work within the schedule dictated by the City's Maintenance Manager or his or her designee, will result in a $500.00 deduction for each deviation from and each failure to meet these specifications. Additionally a $500.00 deduction per day will be applied for each day any work is not completed or not completed on time. Deductions must be reflected in the next billing. Invoices failing to include incurred deductions shall not be paid.

6. PROVISIONS FOR EXTRAS
A. Any extra work, whether requested by the Contractor or assigned by the City, must be submitted by the Contractor in a written proposal including an itemized cost estimate, and shall state whether current contractual staffing is proposed to do the extra work, or if additional forces will be used.

B. Any proposal for extra work must be approved by the City's Maintenance Manager or his or her designee before any extra work is initiated.

C. Once extra work has been approved, said work shall be completed by the Contractor in accordance with the schedule and instructions as specified by the Maintenance Manager or his or her designee.

D. The Maintenance Manager or his or her designee may grant approval for extensions.

E. Costs for extra work must conform to the Unit Costs For Extra Work quoted by i:lcy\secure\maintservices\contracts - new 2018 & newerllandscape main! - eastlspecs - lndscp main!. east of i-5 rfp 04.12.22.docx 04.11.22 Page 2. of 22 337
City of San Clemente - Public Works Department, Maintenance SeJVices Division Contractor on the bid form included herein.

7. DISPOSAL
A. The Contractor shall dispose of all cuttings, weeds, leaves, trash and other debris from the operation as work progresses.

B. The City shall in no way be responsible for the disposal. Contractor shall pay all disposal fees.

C. Contractor shall provide a quarterly report of waste diversion. This report shall be due no later than five (5) working days following the end of each quarter.

D. Contractor shall provide, as part of above referenced report, receipts and other evidence of compliance including location of facility where landscape debris was processed.

E. Contractor may dispose of landscape waste/debris at an appropriate outside facility or in the designated area at the City's Corporate Yard located at 390 Avenida Pico.

8. EMERGENCY SERVICES
The Contractor shall provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor's normal work force is not present. These Contractor representatives shall be on-site of said emergency within sixty (60) minutes from receiving notification.

9. QUALITY OF WORK AND MATERIAL
All material and equipment furnished by the Contractor shall be new, high grade, and free from defects and imperfections, unless otherwise hereinafter specified.

Workmanship shall be in accordance with the Best Standard Practices. Both materials and workmanship shall be subject to the approval of the Maintenance Manager or his or her designee.

A. The actual cost of all material passed on to the City shall be wholesale cost of the material.

1. The wholesale cost shall be the actual cost paid by the Contractor reflecting the best price, including discount available.

2. At no time shall the cost of materials exceed retail cost from the current price list, minus the discount rates.

8. The total cost of materials shall include the following:

1. Wholesale cost (retail cost minus Contractor's discount), as stated above.

2. Applicable sales taxes.

3. A markup of 15% maximum for all overhead costs and profits.

C. The City reserves the right to purchase materials directly and make available to the Contractor. In the event the City exercises the option to purchase the materials, the following conditions shall apply:
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City of San Clemente - Public Works Department, Maintenance Services Division

1. Contractor shall conform to all City practices and procedures.

2. All City purchases shall be for the sole expressed use of and for the City.

3. The Contractor shall secure, store, inventory, distribute and control all materials entrusted to the Contractor's representatives. All materials and inventories shall be made available to the City upon request.

4. The Contractor shall reduce the unit cost for each maintenance task by the City's actual cost for the materials provided and used.

10. WORKMANSHIP AND SUPERVISION
A. The Contractor shall provide a work force sufficient to complete the work as it is specified.

B. Work shall be performed by competent and experienced workers. Irrigation maintenance and repairs shall be performed by skilled workers experienced in irrigation systems. This contract requires three (3) full-time dedicated irrigators.

C. The work force shall include a thoroughly skilled, experienced and competent supervisor who shall be responsible for adherence to the specifications.

Supervisors must communicate effectively both in written and oral English, and shall be · present in the City. at all times during contractual operations. A Supervisor is defined as a full-time employee assigned to direct work crews, with authority to authorize work orders, make decisions on behalf of the Contractor, authorize additional work, etc. In no case shall a full-time employee normally assigned to lesser status be provided in lieu of a Supervisor. Any order given to these Supervisors shall be deemed as delivered to the Contractor.

D. All pesticide operations, where required, shall be performed by a California State Licensed Pest Control Operator through written recommendation by a California State Licensed Pest Control Advisor. The Contractor shall be responsible for compliance with all local, state and federal laws and regulations regarding pesticide usage. The Contractor shall provide to the City, within fifteen (15) days of the effective date of this contract, a proposed pesticide list.

This list shall be strictly adhered to unless the City allows substitutions. The Contractor shall complete a monthly pesticide application report indicating work performed, and types and quantities applied, and submit this completed report monthly to the Maintenance Manager or his or her designee. This report shall be due no later than five (5) working days following the end of each month.

E. All personnel working at the outlined areas shall be of good character, neat appearance, and in appropriate dress as approved by the Maintenance Manager or his or her designee. All personnel shall wear identification badges or patches.

F. Persons employed by the Contractor who are found not to be satisfactory by the City shall be discharged or reassigned by the Contractor on fifteen (15) days notice from the City.
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City of San Clemente - Public Works Department, Maintenance Se,vices Division

11. REPAIRING INJURED WORK
A. The Contractor shall immediately report any damage to City equipment or property and shall be held responsible for the replacement of any such damage caused by his act hereunder.

B. Watering, spraying, and other maintenance activities shall not be done at a time when it might damage parked cars or at times when activities in the area might be inconvenienced or disrupted.

C. Contractor shall promptly report to the City's Maintenance Manager or his or her designee, any needed repairs to irrigation controllers and valves resulting from damage by other than the Contractor's operation, together with an estimate of costs for correction of the condition, prior to any such repairs. The Maintenance Manager or his or her designee may authorize repair by the Contractor, and the City shall pay the Contractor for this work.

D. The Contractor shall be responsible for the replacement of all plant materials, including trees, shrubs, ground cover, mulch and similar materials. The full cost of such replacement, including the cost of labor shall be borne by the Contractor, except as provided in subsection "D" below.

E. Replacement of plant materials damaged or destroyed by City forces, or as a result of construction shall be reported promptly to the City, together with an estimate of cost for replacement. The Maintenance Manager or his or her designee may authorize replacement by the Contractor, and the City shall pay the Contractor for the cost of the replacement, including the cost of labor.

12. EQUIPMENT
A. All vehicles and equipment used in conjunction with the work shall be maintained in neat, clean, and orderly manner and shall be in good working order.

B. Equipment and vehicles must be clearly marked with the Contractor's company name, and identification number or code.

C. The Maintenance Manager or his or her designee may reject any vehicle or piece of equipment and order it removed from the job site. Said equipment must be replaced by appropriate, approved equipment within two working days, or deductions to the monthly contract amount shall continue until such time as appropriate, approved equipment is provided.

D. No internal combustion blowers are allowed to be used in the City. Electric or battery operated blowers are allowed.

13. SAFETY REQUIREMENT
A. All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL-OSHA. The Maintenance Manager or his or her designee reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract.
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City of San Clemente - Public Works Department, Maintenance SeNices Division B. The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his operations. Any hazardous condition noted by the Contractor which is not a result of his operations, shall be immediately reported to the Maintenance Manager or his or her designee.

14. SCHEDULES/SCHEDULING
A All scheduling of work and specification requirements will be dictated by the City's Maintenance Manager or his or her designee.

B. Changes or variations in scheduling may be made by the Maintenance Manager or his or her designee as necessitated by City special events, recreation classes, etc. Contractor shall adapt operations to these changes.

C. Any request by Contractor for any change to any schedule must be received by the Maintenance Manager or his or her designee at least 24 hours prior to the existing scheduled time for the work, and must be approved prior to implementation of any such change.

15. PERFORMANCE DURING INCLEMENT WEATHER
During periods when inclement weather hinders normal operations, the Contractor shall:

A Adjust his work force in order to accomplish those activities that are not affected by weather.

B. Immediately notify the Maintenance Manager or his or her designee before removing the work force from the job site due to inclement weather, or other reasons.

16. CONTRACTORS OFFICE
Contractor is required to maintain an office within a one-hour response time of the job site and provide the office with phone service during normal working hours.

17. EXAMINATION OF SITE AND WORK
City makes no representation about the order or condition of the work area nor does the City warrant that the work area shall be free from defects, either apparent or hidden, at the commencement of, or at any time during the term of the contract. Contractor must examine the location, physical conditions and surroundings of which these factors shall influence the performance of the contract work. By entering into the contract, Contractor shall be deemed to have agreed to accept the condition of the work area in its "as is" condition with the intent to upgrade or modify existing deficiencies to contract specifications.

18. ADVERTISING
No advertising of any kind or description, bill posters, printed, painted or by the use of any other method application legible to human sight, shall appear on any buildings, structures, fences, canopies, posts or signs except valid and authorized legal notices i:\cy\securelmaintservices\contracts - new 2018 & newer\landscape main! - east\specs - lndscp maint. east of i-5 rip 04.12.22.docx 04.11.22 Page §. of 22 341
City of San Clemente - Public Works Deparlment, Maintenance Services Division required to be placed thereon and except as may be specifically authorized in these General Conditions.

19. UNDERGROUND EXCAVATIONS
Contractor shall be responsible for locating all underground utility lines to insure the safety of his work crew and to protect in place existing utility equipment before commencing any excavation. Contractor shall contact the City and Underground Service Alert (1-800-422-4133) before commencing any excavation to locate underground service lines.

GENERAL LANDSCAPE MAINTENANCE REQUIREMENTS

1. All maintenance functions shall be performed in accordance with the specifications and frequencies herein, unless directed otherwise by the City's Maintenance Manager or his or her designee. The City shall determine schedule days and the extent and frequency or additional "as needed" services. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the listed facilities.

2. All operations shall be conducted so as to provide maximum safety for the public, and minimize disruption of the public use of parks and facilities.

3. Contractor shall keep all contract areas, and all gutters, curbs, and walks adjacent to contract areas free of weeds, trash and other debris at all times.

4. Upon completion of any work, the Contractor shall remove remaining excess materials, waste, rubbish, debris, and his equipment from the premises. Any dirt or stains caused by the work shall be removed. The Contractor shall not use existing City trash containers.

5. Contractor shall prune plant materials so that all traffic control signs are clearly visible to approaching drivers and to provide adequate sight distance for vehicles entering the intersection.

6. Contractor shall notify the City immediately of any unusual and hazardous condition in the contract work site, including but not limited to restroom plumbing, sewer backups, fallen branches, or any item that creates a hazard or prevents the public's use of the parks/facilities.

7. Contractor shall notify the City within one (1) hour of malfunctioning facilities or conditions that may break, malfunction or interrupt the public's use of the parks, beaches or facilities.

SPECIFIC LANDSCAPE MAINTENANCE REQUIREMENTS

1. SUPPLIES / MATERIALS
Contractor shall provide all supplies/materials required to perform maintenance and/or repair as described in these Specifications, including decomposed granite, and shall include cost for same in their bid.
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City of San Clemente - Public Works Department, Maintenance Services Division

2. REPORTING DAMAGE AND/OR SAFETY ISSUES
Contractor shall report any damage or safety issues immediately, on a preapproved inspection form, by email to the City's Maintenance Manager or his or her designee.

Such reports must be detailed and accompanied by photographs of the damage and/or safety issues.

3. DRAINAGE FACILITIES
A. All drainage structures including v-ditches within the contract areas shall be inspected and cleaned monthly or as needed to insure consistent unrestricted water flow.

8. Any damage to -structures shall be reported immediately to the Maintenance Manager or his or her designee.

C. Failure to properly maintain drainage systems or to notify the Maintenance Manager or his or her designee of damaged systems, shall result in the contractor assuming full responsibility for the repair of drainage damage to the facility.

4. IRRIGATION SYSTEM MAINTENANCE
A. The Contractor shall maintain all irrigation systems in a professional, operable condition. This includes, but is not limited to: controllers, backflow devices, manual and remote control valves, wiring, pipes, vaults, heads and anti-drain valves. The Contractor shall not be responsible for the water meter assembly except as he may cause damage to these items.

1. The Contractor shall repair and adjust all irrigation heads to maintain proper and uniform water application.

2. The Contractor shall adhere to all State and local regulations accordingly.

3. The Contractor shall adjust water application to compensate for changes in weather. The Contractor shall notify the City regarding any and all irrigation programming issues.

4. Contractor shall be responsible for damages occurring due to under watering or overwatering, unless the contractor has record of notifying the city of these problems.

5. Contractor must turn off irrigation systems during rains, and notify the City to turn off sites controlled by the City's CalSense system.

6. All replacements are to be made with original type material or as directed.

7. The Contractor shall repair or replacement of equipment damaged as a result of Contractor's negligence shall be replaced at the Contractor's expense.

8. Material substitutions must be approved by the Maintenance Manager or his or her designee.

9. Necessary irrigation repairs shall be made within 48 hours of discovery.

8. Irrigation systems shall be thoroughly inspected by operating all control valves and checking for proper coverage, leaks, valve actuation, proper timing and other operational conditions. Such inspection shall be made at least twice per i:\cy\secure\maintservlces\contracts - new 2018 & newer\landscape maint - east\specs - lndscp malnt. eest of i-5 rfp 04.12.22.docx 04.11.22 Page ~ of 22 343
City of San Clemente - Public Works Department, Maintenance SeNices Division month; however, the contractor shall be responsible for the proper operation of the system at all times and shall provide for obvious repairs as they occur or are needed.

C. Irrigation controller enclosures shall be maintained externally and internally by the Contractor consisting of, but not limited to, insect control and removal of debris and weeds from inside the controller enclosures. Lubrication of controller enclosure hinges and locks shall be the Contractor's responsibility.

D. The resetting of irrigation controllers for Daylight Saving Time and Standard time shall be the Contractor's responsibility. Resetting controllers following power outages shall be the Contractor's responsibility, and must be completed within 24 hours of restoration of power. Twice annual changes of batteries in battery operated controllers shall be the Contractor's responsibility.

5. TURF MAINTENANCE
A. All turf areas are to be mowed once per week, or as directed by the Maintenance Manager or his or her designee:

1. Frequency of mowing shall be scheduled to prevent more than (1/3) onethird of leaf surface from being removed.

2. Perimeters shall be edged at each mowing in a manner acceptable to the City. This includes edging around vaults, posts, trash receptacles, irrigation control valve boxes, and other similar features.

3. Rotary, reel or flail type equipment may be used. Equipment must be sharp and properly adjusted to avoid damage to the turf plant.

4. Remove litter prior to mowing.

B. All turf shall be fertilized four times per year with product specified by the Maintenance Manager or his or her designee.

1. At a minimum of once per year, the Contractor shall provide a soil analysis of a minimum of three (3) indicative contract sites in order to determine fertilization needs. This report will be due to the Maintenance Manager or his or her designee no later than March 1 of each year.

2. Aerate all turf a minimum of four times per year.

3. Remove and dispose of all cores unless directed otherwise by the Maintenance Manager or his or her designee. "Mulching" of cores may be allowed by the Maintenance Manager or his or her designee.

4. Contractor is responsible for location and marking of all irrigation components.

5. Visually inspect all turf areas on a weekly basis for pest, fertility, irrigation, damage and other needs. Correct as necessary.

C. Special attention is to be paid to sports field turf. A reel type mower must be used (or approved equal). Care should be given to mow without compaction of turf.

1. Inspect all sports fields for areas where grade changes have occurred indicated by low spots that collect water on which grass fails to grow. All i:lcy\secure\maintserviceslcontracts - new 2018 & newerllandscape main! - east\specs - lndscp main!. east of i-5 rfp 04.12.22.docx 04.11.22 Page ~ of 22 344
City of San Clemente - Public Works Department, Maintenance Services Division sports fields shall be kept at a level grade to provide a uniform height of turf grass. This is to be done by topdressing low places with sports field sand. a. Particle size distribution of sand shall be 60% or more between U.S. standard sieve numbers 30 and 60. Less than 15% can be larger particles. Less than 10% can be silt and clay. An analysis shall accompany delivery.
b. The sand with the above specifications is available from: California Silica Products Company, telephone 949 728-0171.
c. Depressions over 1" in depth shall be filled with weed-free soil to an elevation 1" below existing grade. Finish off this remaining 1" with City specified sand and bring to grade. Compact to match surrounding area. d. The use of another weed-free topdressing with a wider range of particle size is only by written acceptance of the City.
e. Equipment used to mow infields should be light enough to avoid compaction of turf.

4. GROUND COVER MAINTENANCE
A. All ground cover areas shall be maintained in a trimmed, weed free condition.

1. Weeds shall be removed as they appear. A pre-emergent herbicide may be used where appropriate in shrub and ground cover beds.

2. Ground cover areas shall be fertilized a minimum of four times per year or as directed by the Maintenance Manager or his or her designee.

5. SHRUB, VINE AND TREE MAINTENANCE
A. Shrubs shall be maintained in a safe and reasonably trimmed appearance by proper shaping and pruning to promote the plant's natural character.

1. Quarterly (or as directed by City) trim all shrubs to maintain the size and shape specified by the Maintenance Manager or his or her designee.

2. Pruning shall be accomplished to maintain a "natural" appearance; decorative, boxing, poodle cuts or other unnatural pruning shall not be permitted.

3. Remove all dead, diseased or damaged branches back to a side branch.

Do not leave branch stubs.

4. Irrigate as required to maintain adequate growth and appearance. Hand water where necessary.

5. All bare shrub bed areas shaH be raked weekly to remove all litter and other debris. Mulching of said areas is appropriate unless directed otherwise by the Maintenance Manager or his or her designee.

6. Planter beds shall be mulched with a minimum two inch (2") layer of Forest Floor Mulch.

B. Trees shall be trimmed as necessary to maintain adequate pedestrian and vehicle traffic, and to provide clearance from buildings, signs and other similar features. Trim trees to City and International Society of Arboriculture pruning standards or approved equal. Contract responsibility covers all trees up to fourteen feet (14').
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City of San Clemente - Public Works Department, Maintenance Services Division

1. Remove all suckers from base of trees as they develop throughout the year.

2. Stake and support trees as necessary. Staking and guying shall be done in accordance with attached details.

3. All tree guys, ties and stakes shall be checked regularly to avoid girdling and damage, and to insure proper growth without tilting or leaning.

4. Contractor to stake or otherwise support trees during inclement weather, and remove branches and other debris generated by such weather.

5. Inspect each site for dead or dying trees, broken, cracked or hanging branches or other hazards. Immediately notify Maintenance Manager or his or her designee if any of the above conditions exist.

6. Except for emergency removal approved by the Maintenance Manager, no trees shall be removed.

C. All pruning shall be done with clean, sharp tools appropriate for the intended work. Cuts shall be made sufficiently close to the parent limb, without cutting into the branch collar or leaving a stub, so that closure can readily start under normal conditions.

6. HARDSCAPE MAINTENANCE
A. During each site visit, concrete and asphalt areas, including driveways, parking areas, sidewalks and patios shall be inspected and cleaned.

1. All expansion joints and cracks are to be maintained free of weeds.

2. Dirt, litter and other debris must be removed on a daily basis.

3. Inspect for safety hazards, including tripping hazards, holes or other conditions. Immediately report such to the Maintenance Manager or his or her designee after having secured said area with cones, barricades or appropriate safety devices.

B. Vacuums, air brooms, sweepers or other approved means may be used to clean hardscape areas. However, debris shall not under any circumstance be blown or otherwise swept onto adjacent streets or property. All debris must be picked up by the Contractor and placed in the appropriate City trash enclosure dumpsters, or if those are full or unavailable, removed from the site. Under no circumstance, shall debris be placed into storm drains or catch basins.

7. GENERAL GROUNDS INSPECTION
A. The Contractor shall provide general grounds inspection at each site visitation, at a minimum of once daily.

1. Remove all litter and other debris from site. Contractor shall check and clean facility plus adjacent curb gutters, tree wells, street drain grates and . other similar features.

2. Contractor shall provide approved plastic liners, black, 3mil thickness minimum for all trash cans at Contractor's expense.

3. All Contract area barbecue grills shall be emptied of all ashes every Thursday and Sunday.
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City of San Clemente - Public Works Department, Maintenance Services Division

4. Drinking fountains shall be inspected and cleaned at least once per week, and needed repairs made immediately. All drinking fountains within the Contract area shall be kept clean and operational at all times.

5. Park and Contract area amenities such as benches and picnic tables shall be cleaned a minimum of once per week, and more often as needed. If not removable as part of the cleaning process, graffiti shall be immediately reported to the Maintenance Manager or his or her designee.

6. City Council meetings are scheduled for the first and third Tuesday evenings of each month. During the afternoon of every first and third Tuesday of each month, all City Hall walkways shall be swept, loose debris removed, and every attempt made to ensure that the site is in optimum condition.

7. Provide safety and facility inspection and immediately report any deficiencies to the Maintenance Manager or his or her designee.

Contractor shall be responsible to report any substandard conditions of all structures and fixtures, including but not limited to:
a. Light standards and fixtures
b. Walls, fences, gates
c. Trash dumpsters
d. Signage
e. Graffiti
f. Buildings
g. Plumbing

8. SPORT COURT MAINTENANCE
A. The Contractor shall be responsible for providing all labor and materials necessary for the upkeep of sport courts. Since sport courts are high use facilities, maintenance operations must be performed during short breaks in athletic scheduling to accomplish required field and court care.

B. The Contractor shall provide sports court cleaning on the following schedules:

1. Tennis and basketball courts shall be cleaned with the use of a blower or broom twice per month, and water washed twice per month for a total of four (4) cleanings per month. Courts shall be cleaned as per the posted schedules at each location. Water washing shall be done with a water conserving, professional court cleaning device to be approved by the City.

During water washing, all windscreens shall be washed as well. Tears or damage to windscreens and tennis nets shall be reported to the Maintenance Manager or his or her designee immediately. Care shall be given to removal of foreign substances during all cleaning, and when water washed, squeegees or rollers shall be used in order to remove excess water following cleaning to, guarantee the safety of the court users. Remove all litter and other debris from site. Contractor shall inspect surfaces for wear and/or damage, and report to the City. All water used for sport court cleaning will be disposed of into adjacent landscaping or vacuumed and removed from the surface. Under no circumstance, will water from sport i:\cy\securelmaintservices\contracts - new 2018 & newerllandscape main! - eastlspecs - lndscp main!. east of i-5 rfp 04.12.22.docx 04.11.22 Page 12. of 22 347
City of San Clemente - Public Works Deparlment, Maintenance Services Division court cleaning be allowed to travel into storm drains, parking lots or sidewalks.

2. On Monday and Friday of each week, all sand courts shall be raked level and kept free of any foreign debris. Sidewalks adjacent to sand courts shall be swept daily. Care shall be taken to provide a proper amount of sand within the courts. Note: The City shall pay for sand. The Contractor shall include filling, spreading, and leveling of material as part of the basic contract.

9. PLAYGROUNDS AND PLAYGROUND EQUIPMENT
A. The Contractor shall provide daily inspection of all playground equipment for vandalism and safety hazards; and report all hazards to the City's Maintenance Services Division.

1. Maintain playground equipment and play areas weed-free. Clean sand off steps, walkways, concrete pads, and play equipment platforms daily. Pick up broken glass or any other dangerous objects daily.

2. Clean playground surfacing weekly, rake playground sand on Monday and Friday of each week. All sand areas shall be raked level and kept free of any foreign debris. Sidewalks adjacent to sand areas shall be swept daily. Keep sand level surface to a proper safety level of twelve to fifteen inches (12" to 15"). Note: The City shall pay for playground sand.

The Contractor shall include filling, tilling, and spreading the sand as part of the basic contract.

10. BARON VON WILLARD MEMORIAL DOG PARK MAINTENANCE
The Baron Von Willard Memorial Dog Park, an off-leash dog park is located at 301 Ave. -~a-Pata. Tl"le-J3ark consists-ef two areas-with separate entrances, a large dog area for larger dogs and a small dog area for smaller or older dogs. The dog park is just past the entrance to Steed Park.

A. The Contractor shall be responsible for providing all labor and materials necessary for the upkeep of the Dog Park.

8. Since the Dog Park is a high use facility, maintenance will be performed according to the following schedule: On Tuesdays the Dog Park will be closed until 1 p.m. for cleaning, mowing and other intensive maintenance duties.

C. The Contractor shall provide general grounds inspection at site visitation at a minimum of once daily including but not limited to:

1. Stocking of City provided dog waste bag containers and removal and cleaning of dog waste storage containers.

2. General litter controls, dog waste removal and grounds inspection.

3. Inspection and repair of erosion during and following inclement weather.

4. Hardscape cleaning.

5. Removal/correction of safety hazards i.e. holes, glass, etc. on an as needed basis.
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City of San Clemente - Public Works Department, Maintenance SeNices Division

11. RALPHS SKATE COURT MAINTENANCE
A. Contractor shall be responsible for providing all labor and materials necessary for the upkeep of the Skate Court.

B. Since the Skate Court is a high use facility, cleaning and maintenance shall be performed according to a court closure schedule determined by the City.

C. Contractor shall wash the Skate Court twice per month, and shall clean the Skate Court with the use of a blower or broom twice per month, for a total of four (4) cleanings per month.

D. The Skate Court shall be posted with proper court closure sign(s) during the time of cleaning.

E. Water washing shall be done with proper water conserving, professional court cleaning device to be approved by the Maintenance Manager or his or her designee. During washing, the storm drain valve will be closed so that no water will leave the Skate Court area and enter the City storm drain system.

F. Following cleaning, the holding water shall be pumped into the adjacent landscape area. Care will be given to removal of foreign substances during all cleaning and when water washed, squeegees shall be used to remove excess water following cleaning and to thoroughly dry the courts and guarantee the safety of the court users.

G. Contractor shall remove all litter and other debris from site.

H. Contractor shall inspect surfaces for wear and/or damage and report to the City.

I. Contractor shall provide daily safety and facility inspection and immediately report deficiencies to the Maintenance Manager or his or her designee.

Contractor shall be responsible for reporting any below standard conditions of all structures and fixtures, including but not limited to:

1. Light standards and fixtures

2. Walls, fences and gates

3. Signage

4. Graffiti
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City of San Clemente - Public Works Department, Maintenance Services Division

MAINTENANCE FREQUENCY SUMMARY

FUNCTION FREQUENCY
Grounds Inspection
1 Empty Trash Receptacles Daily
Visual Inspection Daily
Baron Von Willard Memorial Dog Park
2 Visual Inspection Daily
Cleaning Weekly
Ralphs Skate Court
3 Visual Inspection Daily
Cleaning Weekly
Sport Court Cleaning
4 Visual Inspection Daily
Cleaning Weekly
Turf Maintenance
Visual Inspection Daily
Mowing Once/Week or as directed
Ballfield mowing Twice/Week or as directed
5 Edging Weekly
Clipping Removal Weekly
Weed Whip Weekly
Fertilize 4 times per year minimum
Aerate 4 times per year minimum
Shrub, Vine and Tree Maintenance
Visual Inspection Daily
6 Re-stake/Check Each site visit/twice a month min.

Trim 4 times per year minimum
Fertilize 4 times per year minimum
Ground Cover Maintenance
7 Visual Inspection Daily
Edge Every 2 weeks
Fertilize 4 times per year minimum
8 Hardscape Maintenance Each site visit/ weekly minimum 9 Irrigation Inspection Weekly
10 Drinking Fountains Weekly
11 Drainage Facilities Inspect and Clean Monthly, and during inclement weather i:\cylsecurelmaintservices\contracts - new 2018 & newer\landscape main! - east\specs - lndscp main!. east of i-5 rfp 04.12.22.docx 04.11.22 Page 1.§. of 22 350
City of San Clemente - Public Works Department, Maintenance Services Division

APPROXIMATE ACREAGE
Location Acreage
1 Vista Bahia Park 2.11
2 San Luis Rey Park 3.28
3 100 Presidio 3.00
4 Verde Park 3.10
5 Rancho San Clemente Park 7.50
6 Marblehead Inland Park 4.35
7 Forster Ranch Park 8.24
8 Talega Park 5.50
9 Steed Park parking lot (including Skate Court and 2.44 Dog Park) 10 Liberty Park 8.93
11 Tierra Grande Park 8.32
12 Vista Hermosa Sports Park 44.50
13 City Hall (91 0 Calle Negocio) 2.54
14 1030 Calle Negocio 0.50
Total Approximate Acreage 104.31
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City of San Clemente - Public Works Department, Maintenance Services Division

AMENITIES
Parkin Sport Ball- Rest- Picnic PlayLocation Court ground g Lots fields rooms Areas s s
1 Vista Bahia Park X N/A X X X N/A
2 San Luis Rey Park X X N/A X X X
3 100 Presidio X N/A N/A N/A X N/A
4 Verde Park X X N/A N/A X X
5 Rancho San Clemente Park X X N/A X X X
6 Marblehead Inland Park X X N/A X X X
7 Forster Ranch Park X X X X X X
8 Talega Park X X X X X X
9 Steed Park (including Skate X X X X X X Court and Dog Park) 10 Liberty Park X X X X X X
11 Tierra Grande Park X X X X X X
12 Vista Hermosa Sports Park X X X X X X
13 City Hall (910 Calle Negocio) X N/A N/A N/A N/A N/A
14 1030 Calle Negocio X N/A N/A N/A N/A N/A
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City of San Clemente - Public Works Department, Maintenance Services Division

STANDARD MATERIALS
All material used in maintenance or repair must conform to the products listed below. Any item not mentioned in, and any deviation from, this approved list must first be approved by Maintenance Manager or his or her designee before installation.

IRRIGATION EQUIPMENT:

1. P.V.C. Sch. 40 pipe and fittings.

2. P.V.C. Sch. 80 risers.

3. P.V.C. (not Marlex) street Ells on swing joints.

4. Rainbird 1800 Turf and Shrub irrigation heads.

5. Rainbird EFB-CP series control valves.

6. Rainbird single lug quick coupler - 44LRC.

7. Penn-tite connectors for wire splicing.

8. Hunter geared rotors.

TURF FERTILIZERS:

As directed by the Maintenance Manager or his or her designee.

PLANT STOCK:

All plant stock, trees, shrubs, annuals and perennials, flowers, ground covers must be approved by the City before planting regarding selection and condition of the plant material.

PESTICIDES:

All pesticides proposed to be used must be submitted to City with location of application and written recommendation from the Contractor's Pest Control Advisor prior to use. All materials must be properly labeled and certified for intended use. Proper and legal disposal of any and all pesticides used is solely the responsibility of the Contractor. All pesticide use and application must conform to the City's Integrated Pest Management Policy.

MULCH:

Organic material applied to a minimum depth of two inches (2.") using Forest Floor Mulch. i:lcylsecurelmaintservices\contracts - new 2018 & newerllandscape main! - east\specs - lndscp main!. east of i-5 rfp 04.12.22.docx 04.11.22 Page if! of 22 353
City of San Clemente - Public Works Department, Maintenance Services Division

CITY OF SAN CLEMENTE
Landscape- Maintenance of City Properties - East of 1-5 For City Parks/Properties Located on Inland Side of Interstate 5 Bid Proposal Form (Page 1 of 4)
This is to be a three (3) year contract or major portion thereof, based on the City's fiscal year beginning July 1 of each year and ending on June 30 of the following year, with an initial contract term of July 1, 2022 through June 30, 2025. The City may choose to extend the Contract term at the City's sole discretion and by mutual consent of the City and Contractor, with the option of two one-year extensions for a potential total contract term of five years.

Note: Contractor shall provide all supplies/materials required to perform maintenance and/or repair as described in these Specifications, and shall include cost for same in their bid.

CONTRACT AREA DESCRIPTION
The Contract area includes designated City locations as described in these Specifications.

The undersigned certifies that all documents related to this proposal have been read and understands all terms and conditions related thereto; and, in conformity with the terms and conditions, does hereby propose to the City of San Clemente as follows:

UNIT COSTS FOR EXTRA WORK
A. The Contractor agrees that for requested and/or required changes in the scope of work, including additions and deletions on work not performed, the Contract Sum shall be adjusted in accordance with the following unit prices, where the City elects to use this method in determining costs.

B. Contractor is advised that the unit prices shall enter into the determination of the successful Contractor. Unreasonable prices may result in rejection of the entire proposal. Unit prices listed below refer to all items maintained or installed and include all costs connected with such items; including but not limited to, specified materials, labor, overhead and profit for Contractor and/or Subcontractors.

C. The unit price quoted by the Contractor shall be those unit prices that shall be charged or credited for labor and materials to be provided regardless of the total number of units and/or amount of labor required for added or deleted items of work.

D. All work shall be performed in accordance with specifications. i:\cy\secure\malntservlces\contracts - new 2018 & newer\landscape main! - east\specs - lndscp main!. east of 1-5 rfp 04.12.22.docx 04.11.22 Page j__g of 22 354
City of San Clemente - Public Works Department, Maintenance Services Division

CITY OF SAN CLEMENTE
Landscape Maintenance of City Properties - East of 1-5
Bid Proposal Form (Page 2 of 4)

UNIT COSTS FOR EXTRA WORK
LABOR - At Prevailing Wage Cost Unit
1 Landscape Maint. Laborer $ Hour
2 Landscape Maint. Lead Worker $ Hour
3 Landscape Maint. Supervisor $ Hour
4 Irrigation Specialist $ Hour
5 Pest Control Applicator $ Hour
6 Tree Trimmer $ Hour
7 Equipment Operator $ Hour

BY FUNCTION
TURF Cost
1 Turf Maintenance including mowing, edging and $ weed whipping Turf Aerify
2 Large Areas $
Small Areas $
Turf Fertilize
3 Large Areas $
Small Areas $
4 Turf Overseed $
5 Turf Topdress $
PLANTING Cost
1 1 Gal. Shrub purchased and planted $
2 5 Gal. Shrub purchased and planted $
3 15 Gal. Shrub purchased and planted $
4 24" Box Tree purchased and planted $
5 64 Count Flat Groundcover purchased and planted $
6 Turf - Sod purchased and planted $
Unit
1,000 SF
1,000 SF
1,000 SF
1,000 SF
1,000 SF
1,000 SF
1,000 SF
Unit
Each
Each
Each
Each
Flat
Sq. Ft.
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City of San Clemente - Public Works Department, Maintenance SeNices Division

CITY OF SAN CLEMENTE
Landscape Maintenance of City Properties - East of 1-5
Bid Proposal Form (Page 3 of 4)

MONTHLY MAINTENANCE COSTS
Location Description Address Per Month
1 Vista Bahia Park/Waterman 402 Calle Bahia $ t:'iolrl
2 San Luis Rey Park 109 Avenida San Luis Rey $
3 100 Avenida Presidio 100 Avenida Presidio $
4 Verde Park 301 Calle Escuela $
5 Rancho San Clemente Park 150 Calle Aguila $
6 Marblehead Inland Park 2400 Via Turqueza $
7 Forster Ranch Park 1291 Sarmentoso, 3407 Vera $ ,..,., ,.,. 8 Talega Park 179 Corte Cristianitos $
9 Steed Park (incl. Skate Court & 241 - 301 Avenida La Pata $ Dog Park) 10 Liberty Park 1120 Calle Saluda $
11 Tierra Grande 399 Camino Tierra Grande $
12 Vista Hermosa Sports Park 987 Avenida Vista Hermosa $ 13 City Hall 910 Calle Negocio $
14 1030 Calle Negocio 1030 Calle Negocio $
Total Cost Per Month $
Total Cost Per Year
NOTE: Bid costs shall include all applicable sales, use or other taxes.

Initial Contract Term - 3 Years: July 1, 2022 through June 30, 2025 Total Per Month $ ------- Total Per Year $ --------- Total for Initial Contract Term $ ----------- l:\cy\securelmaintservlces\contracts - new 2018 & newer\landscape maint - eastlspecs - lndscp main!. east of 1-5 rfp 04.12.22.docx 04.11.22 Page 21 of 22 356
City of San Clemente - Public Works Deparlment, Maintenance SeNices Division

CITY OF SAN CLEMENTE
Landscape Maintenance of City Properties - East of 1-5
Bid Proposal Form {Page 4 of 4)
1st Optional 1-Year Extension: July 1, 2025 through June 30, 2026 INCREASE over Year 1 through 3 of Agreement (IF ANY) $ ____ _ OR: % -- Total Per Month $ _____ _ Total Per Year $ ---------
2nd Optional 1-Year Extension: July 1, 2026 through June 30, 2027 INCREASE over 1st Optional 1-Year Extension (IF ANY) $ _____ _ OR: __ % Total Per Month $ ------- Total Per Year $
---------
Contractor shall provide all materials required to perform maintenance and/or repair as described in these Specifications, and shall include cost for same in their bid.

The Contractor shall furnish, install, remove, perform and pay for all work, labor materials, taxes, transportation services and charges, fees and appurtenant items necessary or incidental to work as specified in these specifications, other contract documents, and work requests or assignments by the City.

The undersigned has checked carefully all the above figures and understands that the City of San Clemente shall not be responsible for any errors or omissions on the part of the undersigned in making up this bid.

Company (Please Print) Date
Company Representative (Please Print) Telephone#
Signature E-mail Address
Title
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55452.01100\31090125.5
EXHIBIT "8"

SCHEDULE OF MAINTENANCE SERVICES
(Included in the contractor's proposal Bid Form
on the following pages}
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City of St:in Clemente - Public Works Deparlment, Maintenance Services Division

CITY OF SAN CLEMENTE
Landsc~pe Maintenance of City Properties - East of 1-5
For City Parks/Properties Located on-Inland Side of Interstate 5 Bid Proposal Form (Page 1 of 4)
This is to be a three (3) year contract or major portion thereof, ba·sed on the City's fiscal year beginning J1,1Iy 1 of each ye~r and enqing on June 30 ofthe following ye;:u; With an initial .contract term of July 1, 2022 through June 30, 2025. The City may Choose to extend the. Contr~ct term at the • City's sole • dfscretion and by mutual consent of the. City and Contractor, wi~h the option offwo one-year extensions fora potential total contract term of five years.

Not~; C911tr,actor sha(I provide .fill supplies/materials required to perform maintenance and/or repair as described in these Specifications., and shall include cost for same in thelrbid.

CONTRACT AR§A DESCRIPTION
The Contract area includes designated City location$ as described in these Specifications.

The µnct~rsion.~d cedifie$ that au documents. related to this proposal have been read and understands au terms ~n.~ condftiorts rel~ted t~er~tq;. ~ndj in co·nforrnity With the terms and coitditfons, does hereby propose to the City of San Clemente as follow.a:;

UNIT COSTS FOR EXTRA WORK
A. The Cohfractor agrees that for requested and/o:r required changes in the scope of work, incJudJng additions and deletions on work not performed,· the Contract Sum shall be adjusted ih acc;ordatic¢ with the following unit prices, where the City elects to use this method 1ri determining costs.

B. contractor i~ advised that tne unit prices shall enter into the determination of the successful Co.htractor. Unreasonabie prlces may resuit in rejection· of the. enfire prop_o.se.il. Unit pti'ce$ Hsteo below refer to all items maintained or ittstalled and frtclude all costs coriru:lcted with such items; including but not limited to, specified ntaferiaJs, labot, ctverhead Ei.nd pfofit·for Contractor and/cir Subcontractors, •• C. The Unit price quoted by the Contractor shaU be those unit prices that stiall .be charged or credited for labor and materials to be provided regarcfless of the total number of units and/or amount of labor required for added or deleted items of work.

D. All Wdrk shall be performed in accordance with specifications. b\cylse~ura\moinlservlceslrlp, rfq, rfblds\2022 apr rip -lndscp, pks. e11st ol i-51sper.s - lndscp mali11. east of i•5 Jfp 04.12.22.docM 04.11.22 Page .W, of 22 359
City of San Clemente - Public Works Department, Maintenance SeNices Division

CITY OF SAN CLEMENTE
Landscape M.aintenance of City Properties - East of 1-5 Bid Proposal Form (Page 2 of 4)
UNlt COSTS FOR EXTRA WORK
LABOR - At Prevailing Wage Cost Unit
1 Landscape M~int Laborer $ 3!5,QO Hour
-~-,.--~-----1i.........--'-'-'--,--,..--1---~----1
2 Landscape Maint. Lead Worker $ 4to:o H9ur
4 lrrig~tltm SpeoiaJisf $ 95,Jjp Hour
6 Tree Trimmer $120 .. 00 Hour
7 Eqyiprr.tef)t Operator $140,00 Hour
BY FUNCiiON
TURF
1 • turf Maintenance including mowing, edging and
wee<;J whrpping • •
Turf A~·rlfy
2 Large Ateas
Small Areas . ..

Tlllf Fert.mze
3 Larg·e Are.ae ._ .$fTl1;1,IJ Ar~a{ ... ·- .
4 Turf Overseed

PLANTING
1 1 G~!. S,hrub purchased.qn~ plant~d --
2 5Gal. Shrub purohased arid planted ,.
3 15 Gai. Shrub purchai:I~d and plcitited
4 24" Box Tree p~rcllas~ct. and planted
5 84 Povnt Flat Groundcover purchased
6 Turf- Sod purchased and planted
and planted
$ 1.90
$ 2.00
$ 4,00
$2.05
$ 3.05
Co~t
$ 18.00
$ 40;00
$120.00
$420.00
$ 50;00
$ 2.25
.

Unit
1,000 $F
1,000 SF".
1 OOOSF ' • , .
1000 SF ,. ". .
1,000 SF
t,000.S;F
1,060 SF
l)nit
Each
Each
Each
Each
Flat
Sq. Ft.
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1 --
2 3
.4
5 6
7 8
9 10
11 12
13 14
City of San Clemente - Pub/le Works Department, Maintenance Setvices Division

CITY OF SAN CLEMENTE
Landscape Maintenance of City Properties - East of 1-5
Bid Proposal Forrn (Page 3 of 4)

MONTHLY MAINTENANCE COSTS
Location Description Address Per Month
Vista Bahia Park/Waterman 402 Galle Bahia $1,212.47 . .Eiefr1 San Luis Rey Park 109 Avenlda San l..uis Rey $1,884.79
100 Avenid.a Pre$idio 100 Avenida Pre$i.dio $1,723.89
Verde Park 301 Calle Escuela $1,781.38
Rancho San Clemente Par~ 150 Calle Aguila $4,309.74
Marblehead Inland Park 2400 Via Turqueza $2,499.65
Forster Ranch Park 1291. Sarmentpso; 3407 Vera $4,734;96 ~ .... , ..... . ..

TalegaPark 179 Corte Cristianitos $3,160.47
Steed Park (incl. Skate court& 241 ---301 Avenida La Pata $ 1,402.10 Do~ Park} - Llb.~rty P~rk 1120 Calle Saluda $4,831.46 Tierra Grahde 399 Camino Tierra Grande $4,780.~3
Vista, He,rrnos·a Sports Park 987 Avenida Vlsta Hertno$a $24,671.10 City+fali 910 Calle N~gocjo $1 ;459.56 ..
'la
10_30 QaUe N~Qad:o 1030 Calle Negocio $ 287.32
Total Cost Per Month $ 58,639;80 ..

Total CQst PerY~ar $703,677.60
NOTE: Bid co$ts shall in·cIude all applicable sales, use or other taxes.

Initial Contract Term - 3 Years: July 1, 2022 through June 30, 202~ Total Per Month $ 5fl;6;.W,$0 .

Total Per Year $ 709,617.60
Total for Initial Contract Term $ 2, 111,032,~0
---------------
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City of San Clemente - Public Works Department, Maintenance. Se/Vices Division

CITY OF SAN CLEMENTE
Landscape Maintenance of City Properties - East of 1-5
Bid Proposal Form (Page 4 of 4)
1st Optional 1-Year Extension: July 1, 2025 through June 30, 2026 INCREASE over Year 1 through 3 of Agreement (IF ANY) $ ____ _ OR: __ % Total Per Month $ 61,57L79
Tota.I. Per Y~ar $. 738,861 AB
2nd Optional f-Year Extension: July 1, 2026 through June 30, 2027 INCREASI= over 1st Optional 1-Year Extension (ii= ANY) $·------~~- TQtal Per Month $ 64,650,40
OR: __ %
Total Per Year $ 775,804.80
Contractor shall provide ~ materials required to perform maintenance and/or repair as described in these Specificatlons, and shallinclude cost for same in their bid.

The Contr~ctor shall furnish, install, rernove, perform and pay for all work, labor materials, taxes, transportation services and charges! fees and appurtenant items necessary or incid~ntaJ to work as speejfied in these specifications, other contract documents, and work requests or assignments by the City.

The uncJersigned 11.as checked carefully all the .above figures and understands that the City of$cl0 Cle:n,erite shall not be responsible for any errors or qmissions on the part of the undersigned in making up this bid.

Colts Land,scape, l.nq·~ May 12, 2022
Alfre:qo )irnenez
Con,:pany Representative (Please Print) Telephone#
ajim'[email protected]
~~mail Address •
frrle
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1.1 Insurance.

EXHIBIT "C"

INSURANCE REQUIREMENTS

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

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

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

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

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

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

1.1. 7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or 55452.01100\31090125.5 17
i:lcy\securelmaintservices\contracts - new 2018 & newer\landscape main! - eastlcity properties e of i-5 contract - colts 07.01 .22.docx 364
reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

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

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

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

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

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

PERFORMANCE BOND
(Performance Bond included on the following pages)

END OF PERFORMANCE BOND FORM
19 i:lcy\secure\maintservices\contracts - new 2018 & newer\landscepe maint - eastlcity properties e of i-5 contract - colts 07.01 .22.docx 366

UNITED SURETY INSURANCE COMPANY

BOSTON, MASSACHUSETTS

PERFORMANCE BOND
Premium: $24,710.00
Bond No: UCSX372X6241
KNOW ALL MEN BY THESE PRESENTS: That Colts Landscape. Inc. (hereinafter called the Principal), and UNITED SURETY INSURANCE COMPANY, a corporation organized under the laws of the State of Nebraska with their principal offices located at 292 Newbury Street, #105, Boston, MA 02115 (hereinafter called Surety), are held and firmly bound unto City of San Clemente (hereinafter called Obligee), in the full and just sum of Eight Hundred Twenty-three Thousand, Six Hundred Seventy-seven Dollars and Sixty cents ($823,677.60) to the payment of which sum, well and truly be made, the said Principal and Surety bind themselves, their and each of their heirs, their administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the above bounded Principal has entered into a certain written contract with the above mentioned Obligee to provide Landscape Services for area described as City Properties East ofl·5 C22·28 project WHEREAS, the Obligee, by virtue of acceptance of this bond, agrees to accept a bond guaranteeing the performance of said contract on an annual basis.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounded Principal shall well and truly keep, do and perform, each and every, all and singular matters and things in said contract set forth and specified to be by the said Principal kept, done and performed at the time and in the manner in said contract specified during the term of this bond, and shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure of default on the part of the said Principal, then this obligation shall be void, otherwise to be and remain in full force and effect. • Provided, however, that this bond is subject to the following conditions and provisions:

1. This bond is for the term beginning 07/01/22 and ending 06/30/23 .

2. In the event of default by the Principal in performance on the contract during the term of this bond the Surety shall be liable only for the loss to the Obligee due to actual excess costs for performance of the contract up to the termination of the term of this bond. The amount of this bond shall be automatically reduced by the value of the work completed by the Principal.

3. No claim, action, suit, proceeding, except as hereinafter set forth, shall be had or maintained against Surety on this instrument by any person, entity or corporation other than the named Obligee, and unless same be brought or instituted and process served upon the Surety within six months after the completion of the contract during the term of this bond, unless said term is extended by Surety under condition 5.

4. Neither nonrenewal by the Surety, nor failure, nor inability of the Principal to file a replacement bond shall constitute loss to the Obligee recoverable under this bond.

5. This bond may be extended for additional terms at the option of the Surety by continuation certificate executed by the Surety.

Signed and sealed this _ 4th_ day of _November_, 2022 __ .

Principal: Colts Landscape, Inc.

BY=-u~N /y<k,+=--'-=--~+--1- , --

UNITED SURETY INSURANCE COMPANY
BY' ~ Attorn~ctKeliyA.Specht
367
California All-Purpose Certificate of Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _..::; O.:.;; ra=n=g=e __________ _ S.S.

On November 4, 2022 before me, ____ Muu..we.u.rla..._...F....,re~g,p,o,...s""'o+-, .... N ... ot.,.a...,ry~P .... u ... bl .... ic,...__ ______ _ Name of Notary Public Title personally appeared .......... K .... e...,ny,_.A~S"f'p~e-ch=t _____ ______________ _ Name of Signer i 1 ! N/A
Name of Signer t2)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/axe subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/buecidlhetr authorized capacity(ies), and that by his/~ir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal. ········~ MERLA FREGOSO Notary Public • California z
Orange County $;:

Commission# 2328451 -
y Cormi8~xpires May 16, 2024

OPTIONAL INFORMATION -----------
Although the information m this section is not required by law. it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relymg on the attached document Description of Attached Document Additional Information The preceding Certificate of Acknowledgment is attached to a Method of Signer Identification document titled/for the purpose of Performance Bond UCSX372X6241 Proved to me on the basis of satisfactory evidence:

Colts Landscaping, Inc . . San Clemente. East of 5 0 form(s) of identification O credible witness(es) containing _1_ page~ and dated -~N~o_v~e=m=b=e~r_4-, 2=0~2=2~ The signer(s) capacity or authority is/are as:
0 lndividual(s)
l&l Attorney-in-fact
D Corporate 0fficer(s) _ ____________ _
T tle( S)
□ Guardian/Conservator
O Partner - Limited/General
□ Trustee(s)
□ Other. ________________ _
representing: _...,u....,n...,jte...,d.......,S.,..ur...,e..,ty ... l .... o .... s .. ur...,a~o-ce.....,.C-o..,,.m ... p .... an....,y,__ __ _ Name{s1 of Person1s 1 En11ry11es I S1gr,€r ,s Represt!r.t1l"g Notarial event is detailed in notary journal on:

Page#__ Entry# __
Notary contact: ________ _
Other
0 Additional Signer O Signer(s) Thumbprints(s)
□----- -------
© 2009-2015 Notary Learning Center - All Rights Reserved You can purchase copies of th,s form from our web site at WNw Tt.eNotarysStore com 368
•

UNITED CASUALTY AND SURETY INSURANCE COMPANY
US casualty and Surety Insurance Company
United Surety Insurance Company
POWER OF ATTORNEY Agency No: 171372
KNOW ALL MEN BY THESE PRESENTS: That United Casualty and Surety Insurance Company, a corporation of the State of Nebraska, and US Casualty and Surety Insurance Company and United Surety Insurance Company, assumed names of United Casualty and Surety Insurance Company (collectively, the Companies), do by these presents make, constitute and appoint:

Kelly A. Specht, Kandis Gregory, Richard P. Ford, Thomas C. Buckner, Bethany Mercer, William Belpedio its true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instrum,:nts or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed Three MjUjon Fjye Hundred Thousand & 00/100 Dollars r $3,500,000.00 ). This Power of Attorney shall expire without further action on December 31", 2024.

This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the Companies at a meeting duly called and held on the 1" day of July, 1993:

Resolved that the President, Treasurer, or Secretary be and they are hereby authorized and empowered to appoint Attorneys-In-Fact of the Company, In its name and as its acts to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-Fact shall be binding upon the Company as if they h.ad been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper persons.

That the signature of any officer authorized by Resolutions of this Botrd and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recogniiance or other written obligation in the nature thereof; such signature and seQI, when so used being hereby adopted by the Company as the Qriginal signature of such officer and the original seal of the Company, to be valid and bindlnc upon the Company with the same forte and effect as though manually 1ffixed.

IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereunto affh<ed, this 5th day of July. 2022 Corporate Seals
Commonwealth of Massachusetts
County of Middlesex ss:

UNITED CASUALTY AND SURETY INSURANCE COMPANY
US Casualty and Surety Insurance Company
United Surety Insurance Company
Michael T. Persch, Treasurer
On this 5th day of July. 2022 • before me, Colleen A. Cochrane, a notary public, personally appeared, Michael T. Porsch, Treasurer of United casualty and Surety Insurance Company, US Casualty and Surety Insurance Company and United Surety Insurance Company, who proved to me on the basis of satisfactofY evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the Instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the Commonwealth of Massachusetts that the foregoing paragraph is true and correct.

WITNESS my hand and seal.

COLLEEN A. COCHRANE
Notary Public, Commonweatth of Massachusetts
My Commission Expires 10/27/2028
I, Robert F. Thomas, President of United Casualty and Surety Insurance Company, US Casualty and Surety Insurance Company and United Surety Insurance Company do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect.

In Witness Whereof, 1 have hereunto set my hand and affixed the seals of said Companies at Newton, Massachusetts this November 4, 2022 Corporate Seals
Robert F. Thomas, President
TO CONFIRM AUTHENTICITY OF THIS 80 NO OR DOCUMENT EMAIL: [email protected] 369
EXHIBIT "E"

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

Contractor shall provide a Performance Bond pursuant to Section 3.2.12.1 of this Agreement, executed by a surety meeting the qualifications described in Section 3.2.12.4. 55452.01100\31090125.5 20
i:\cy\securelmaintservices\contracts - new 2018 & newerllandscape main! - east\city properties e of i-5 contract - colts 07.01 .22.docx 370
Attachment 4
371
372
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: August 19, 2025 Agenda Item: 11E.

Submitted By: Public Works
Prepared By: Randy Little, Maintenance Manager
Subject:
..titl e

CONSIDERATION OF A RESOLUTION APPROVING A FIRST AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH E. STEWART AND ASSOCIATES FOR GRAFFITI REMOVAL (C22-29) AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT ..body
Fiscal Impact:

There is no fiscal impact for the proposed first amendment to the agreement with E. Stewart and Associates. The value of the amendment is not to exeed $95,200 for Fiscal Year 2025-26, which is included in the City Council approved budget and there is no change from the last Fiscal Year.

There is no supplemental appropriation being requested for the Fiscal Year 2025-26 Budget.

Summary:

On June 7, 2022, the City Council approved a three-year Agreement with E. Stewart and Associates, Inc. for graffiti administration and removal through June 30, 2025. The Agreement provides an option for two one-year extensions. The resolution presented for consideration by the City Council would approve a first amendment to the Agreement, extending services for one year to continue graffiti administration and removal with no changes to the contractual rates, and give the City Manager the ability to execute a second amendment administratively, upon satisfactory performance, next fiscal year if included in the adopted budget.

Background:

Quickly removing graffiti is recognized as the best strategy to reduce the amount of its reoccurrence. It is also critical to remove graffiti to maintain a visually appealing community. The physical action of removing graffiti is only one aspect of the scope of services, which include:
administration over the program with a dedicated phone line, answering service, administrative personnel, and uploading of photos to the Orange County Sheriff’s Department tagger site to track removal costs and coordinates of locations.

E. Stewart and Associates, Inc. has been highly responsive to graffiti removal requests and is recommended to continue the existing services through a proposed First Amendment to the Agreement (Attachment 2), which includes the following key changes:
 Term Extension: The agreement will be extended for one (1) year, with a new term beginning July 1, 2025, and expiring June 30, 2026.
 Compensation: Per the original bid, the first one-year extension does not reflect a cost increase. Funding the not to exceed $95,200 First Amendment is from account numbers 001- 613-43479-000-00000 ($36,000), 001-613-43478-000-00000 ($43,000), and the remaining 373
Meeting Date: August 19, 2025 Agenda Item: 11E.

CITY OF SAN CLEMENTE 2
$16,200 will be comprised of the following accounts: 001-635-43478-000-00000 and 001-636- 43478-000-00000.
 Future Extension: The resolution would authorize the City Manager to execute the second and final contract extension, upon satisfactory performance, according to the terms of the original Agreement, as amended, provided that it is included in the City Council adopted budget for Fiscal Year 2026-27.

Council Options:
 Adopt Resolution No. 25-120, which will approve a First Amendment to the Agreement to include a one-year extension and costs not to exceed $95,200, and authorize the City Manager to execute the amendment, further authorize the City Manager to execute a second one-year option, upon satisfactory performance, provided it is included in the adopted budget.  Modify and adopt Resolution No. 25-120.
 Continue the item with direction to provide additional information.  Do not adopt Resolution No. 25-120 or approve Amendment No. 1 with E. Stewart and Associates, Inc. to continue graffiti administration and removal.

Environmental Review/Analysis:

This project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR § 15301) Section 15301 of the state CEQA Guidelines.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No 25-120, which will:

1. Approve and authorize the City Manager to execute the First Amendment to the Agreement with E. Stewart and Associates, Inc. for a one-year extension of graffiti removal at a cost not to exceed $95,200; and

2. Authorize the City Manager, upon satisfactory performance, to exercise the last and final contract extension according to the terms of the original Agreement, as amended, provided that it is within the City Council approved budget amount for Fiscal Year 2026-27. ..end
Attachment:

1. Resolution No. 25-120

2. Amendment No. 1 between the City of San Clemente and E. Stewart and Associates, Inc.

3. Original Agreement (Contract No. 22-29)

4. June 7, 2022 Agenda Report
Notification:

E. Stewart and Associates, Inc.
374
Attachment 1
RESOLUTION NO. 25-120

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, APPROVING A FIRST

AMENDMENT TO MAINTENANCE SERVICES
AGREEMENT NO. C22-29 WITH E. STEWART AND
ASSOCIATES, INC. FOR GRAFFITI REMOVAL AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AMENDMENT
WHEREAS, the City of San Clemente ("City") entered into Maintenance Services Agreement No. 22-29 ("Agreement") with Ed Stewart and Associates, Inc. ("Contractor") on June 7, 2022 for Graffiti Removal; and
WHEREAS, Section 3.1.2 of the Agreement specifies an initial term through June 30, 2025, with the option to extend the total Agreement term by up to two (2) one-year extensions; and
WHEREAS, it is in the best interests of the City to exercise the first one-year extension to provide for graffiti administration and removal through June 30, 2026; and WHEREAS, this project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR § 15301), Section 15301 of the state CEQA Guidelines.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

SECTION 1. That the above recitals are true and correct and incorporated herein fully by reference.

SECTION 2. That the First Amendment to the Agreement with E. Stewart and Associates, Inc. for a one-year extension of maintenance services for graffiti administration and removal at a cost not to exceed $95,200 is hereby approved.

SECTION 3. That the City Manager is hereby authorized and directed to execute said First Amendment in a form substantially similar to that presented to the City Council on August 19, 2025.

SECTION 4. That the City Manager is hereby authorized, in the exercise of his discretion, to execute a second amendment to the Agreement with E. Stewart and Associates, Inc. to exercise the last and final contract extension according to the terms of the original Agreement, as amended, provided that it is within the approved budget amount for Fiscal Year 2026-27 without additional approval from the City Council.

SECTION 5. That the City Manager is authorized and directed to take such actions and execute such other and further documents as may be necessary to accomplish the purposes of this resolution and implement the project.
375
Resolution No. 25-120 Page 2
SECTION 6. 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 , 2025
ATTEST:

CITY CLERK of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 376
Resolution No. 25-120 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-120 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 _______________, 2025. ________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
377
Attachment 2
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Attachment 3
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Attachment 4
427
428
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: August 19, 2025 Agenda Item: 11F.

Submitted By: Public Works
Prepared By: Randy Little, Maintenance Manager
Subject:
..titl e

CONSIDERATION OF A RESOLUTION APPROVING A FIRST AMENDMENT TO THE

MAINTENANCE SERVICES AGREEMENT WITH REAL ESTATE CONSULTING & SERVICES, INC. FOR CITY TRAIL MAINTENANCE (C22-30) AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT ..body
Fiscal Impact:

There is no fiscal impact for the proposed first amendment to the agreement with Real Estate Consulting & Services, Inc. The value of the amendment is $155,000 for Fiscal Year 2025-26, which was included in the City Council approved budget and is a 15.13 percent change from the last Fiscal Year. There is no supplemental appropriation being requested for the Fiscal Year 2025-26 Budget.

Summary:

On June 7, 2022, the City Council approved a three-year agreement with Real Estate Consulting & Services, Inc. for maintenance of City trails through June 30, 2025. The Agreement provides an option for two one-year extensions. The resolution presented to the City Council for consideration would approve a first amendment to the Agreement, extending services for one year to continue maintenance of the City's trails and give the City Manager the ability to execute a second amendment administratively, upon satisfactory performance, for the next fiscal year if included in the adopted budget.

Background:

The City's trail system is comprised of varying surface materials from natural to decomposed granite. This contract provides for trail maintenance along the beach, Sea Summit, San Pablo Trailhead, Forster Ranch Ridgeline and Rancho San Clemente Ridgeline. The contract also provides 365 days a year of trash and litter removal seven days a week on all City trails, with the Beach Trail receiving trash removal three times daily. All contract locations are to be kept in a safe, aesthetically pleasing condition at all times. The detailed scope of work and service requirements are provided in Exhibit A of the Agreement.

When the competitive bids were solicited for trail maintenance, all bidders were asked to include a bid for three years, with two potential one-year extensions. Therefore, the extensions were reviewed through the competitive process. The proposed First Amendment to the Agreement (Attachment 2) includes the following changes:
 Term Extension: The Agreement will be extended for one year, with the new term 429
Meeting Date: August 19, 2025 Agenda Item: 11F.

CITY OF SAN CLEMENTE 2
beginning July 1, 2025 and expiring June 30, 2026.
 Compensation: Per the original bid, the first one-year extension will increase costs by 15.13 percent from $119,000 to $137,000, which remains the lowest bid. In addition, staff is recommending continuation of supplemental services at a reduced level (from $50,000 for Fiscal Year 2024-25 down to $18,000 for Fiscal Year 2025-26) for repair of surface, fencing and vandalism. The combined total not to exceed contract price of $155,000 is budgeted in Fiscal Year 2025-26 in account number 001-631-43425-000-00000.  Future Extension: The resolution would authorize the City Manager, upon satisfactory performance, to execute the final contract extension according to the terms of the original Agreement, as amended, provided it is included in the adopted Fiscal Year 2026-27 budget.

As a note of explanation, as bid, there were no increases in compensation for the first three years of the Agreement and 15.13 percent increase proposed in the first extension. Nonetheless, the annual expenditure of $155,000 is lower than the original first year bid of the next lowest bidder ($165,258). Additionally, the contractor has consistently performed the duties in a satisfactory manner. Finally, the company also qualifies under the City’s local preference policy for bidding.

Council Options:
 Adopt Resolution No. 25-121, which will approve a First Amendment to the Agreement with Real Estate Consulting & Services, Inc. to include a one-year extension and total costs not to exceed $155,000, and authorize the City Manager to execute the amendment and consider the execution of a second one-year extension, upon satisfactory performance, for the next fiscal year provided it is included in the adopted budget.  Modify and adopt Resolution No. 25-121.
 Continue the item with direction to provide additional information.  Do not adopt the Resolution No. 25-121 or approve Amendment No. 1 with Real Estate Consulting & Services, Inc. to continue maintenance of the City's trails.

Environmental Review/Analysis:

This project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR § 15301), Section 15301 of the state CEQA Guidelines.

Recommended Actions:

Staff Recommendation
..recommendation
Staff recommends that the City Council adopt Resolution No 25-121, which will:

1. Approve and authorize the City Manager to execute the First Amendment to the Agreement with Real Estate Consulting & Services, Inc. for a one-year extension of City trail maintenance services at a total cost not to exceed $155,000; and
430
Meeting Date: August 19, 2025 Agenda Item: 11F.

CITY OF SAN CLEMENTE 3

2. Authorize the City Manager, upon satisfactory performance, to exercise the final contract extension according to the terms of the original Agreement, as amended, provided it is included in the adopted Fiscal Year 2026-27 budget.
..end
Attachments:

1. Resolution No. 25-121

2. Amendment No. 1 between the City of San Clemente and Real Estate Consulting & Services, Inc.

3. Original Agreement (Contract No. 22-30)

4. June 7, 2022 Agenda Report
Notification:

Real Estate Consulting & Services, Inc.
431
Attachment 1
08/12/25
RESOLUTION NO. 25-121

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING

A FIRST AMENDMENT TO MAINTENANCE SERVICES
AGREEMENT NO. C22-30WITH REAL ESTATE CONSULTING
& SERVICES FOR LANDSCAPE MAINTENANCE OF

CITY TRAILS AND AUTHORIZING THE CITY MANAGER

TO EXECUTE THE AMENDMENT
WHEREAS, the City of San Clemente ("City") entered into Maintenance Services Agreement No. 22-30 ("Agreement") with Real Estate Consulting & Services, Inc. ("Contractor") on June 7, 2022 for the maintenance of City trails; and WHEREAS, Section 3.1.2 of the Agreement specifies an initial term through June 30, 2025, with the option to extend the total Agreement term by up to two (2) one-year extensions; and
WHEREAS, it is in the best interests of the City to exercise the first one-year extension to provide for maintenance of City trails through June 30, 2026; and WHEREAS, this project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR § 15301), Section 15301 of the state CEQA Guidelines.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

SECTION 1. That the above recitals are true and correct and incorporated herein fully by reference.

SECTION 2. That the First Amendment to the Agreement with Real Estate Consulting & Services, Inc. for a one-year extension of maintenance services for maintenance of City trails at a total cost not to exceed $155,000 is hereby approved.

SECTION 3. That the City Manager is hereby authorized and directed to execute said First Amendment in a form substantially similar to that presented to the City Council on August 19, 2025.

SECTION 4. That the City Manager is hereby authorized, in the exercise of his discretion, to execute a second amendment to the Agreement with Real Estate Consulting & Services, Inc. to exercise the last and final contract extension according to the terms of the original Agreement, as amended, provided that it is within the City Council approved budget amount for Fiscal Year 2026-27 without additional approval from the City Council.

SECTION 5. That the City Manager is authorized and directed to take such actions and execute such other and further documents as may be necessary to accomplish the purposes of this resolution and implement the project.
432
Resolution No. 25-121 Page 2
SECTION 6. 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 , 2025
ATTEST:

CITY CLERK of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente,
California
433
Resolution No. 25-121 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-121 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 _______________, ____. ________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
434
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c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@7416b404\@[email protected] Attachment 2

FIRST AMENDMENT TO

AGREEMENT FOR MAINTENANCE SERVICES FOR

CITY TRAILS
This First Amendment to the Agreement for Maintenance Services for City Trails (this “First Amendment”) is made and entered into on this 1st day of July, 2025, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and Real Estate Consulting & Services, Inc., a California corporation with its principal place of business located at 18345 Pasadena Street, Lake Elsinore, California 92530 (“Contractor”).

R E C I T A L S:

A. City and Contractor entered into that certain Agreement for Maintenance Services for City Trails (the “Agreement”) on or about June 7, 2022.

B. Section 3.1.2 of the Agreement specifies an initial term of July 1, 2022 through June 30, 2025, with the City’s unilateral option to extend the Agreement term by up to two (2) one-year extensions.

C. City and Contractor desire to amend the Agreement to exercise the first one-year term extension to provide for City Trails maintenance services from July 1, 2025 to June 30, 2026.

D. Exhibit B of the Agreement (Schedule of Maintenance Services, Contractor's Bid Proposal) specifies the Total Per Year Cost of $137,000.04 for the first one-year term extension.

E. City and Contractor desire to amend the Agreement to increase the total per year base cost from $119,000.00 for the initial term to $137,000.04 for the first one-year term extension of July 1, 2025 through June 30, 2026 with $18,000 in supplemental services, for a total not to exceed contract cost of $155,000.

F. City and Contractor desire to amend the Agreement in the manner provided herein.

COVENANTS
The Parties agree as follows:

Section 1: Section 3.1.2 of the Agreement titled “Term” is hereby deleted and replaced in its entirety with the following:

3.1.2 Term.

The term of the Agreement shall be from July 1, 2022 and shall continue and remain in effect until June 30, 2026, unless terminated earlier as provided herein.

The City shall have the unilateral option, at its sole discretion, to renew this Agreement for one (1) additional one-year extension. Contractor shall complete 435
4923-9551-1634 v2 2 of 8 08/11/25
c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@7416b404\@[email protected] the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

Section 2: Section 3.3.1 of the Agreement titled “Compensation” is hereby deleted and replaced in its entirety with the following:

3.3.1 Compensation.

Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in the Contractor's Bid Proposal Form in Exhibit “B” attached hereto and incorporated herein by reference. The total compensation for the initial term through June 30, 2025 shall not exceed Five Hundred Seven Thousand DOLLARS and Zero CENTS ($507,000.00), which includes an annual supplement of Fifty Thousand DOLLARS and Zero CENTS ($50,000.00), without written approval of City’s City Council. The total compensation for the First Amendment to the Agreement, exercising the first one-year term extension from July 1, 2025 through June 30, 2026, shall not exceed One Hundred Fifty-Five Thousand DOLLARS and Zero CENTS ($155,000.00), which includes an annual supplement of Eighteen Thousand DOLLARS and Zero CENTS ($18,000.00), without prior written approval of City Council or City Manager, as appropriate. Extra Work may be previously authorized in writing, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

Section 3: Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
436
4923-9551-1634 v2 3 of 8 08/11/25
c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@7416b404\@[email protected] IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite of their signatures, effective as of the date first written above.

CITY OF SAN CLEMENTE
By: ________________________________
Andy Hall, City Manager
Dated: __________________, 2025
ATTEST:
____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization
REAL ESTATE CONSULTING & SERVICES, INC.,
a California Corporation
(“CONTRACTOR”)
By:

Jeffery Allen Coss, CEO/CFO/Secretary
Dated: _________________, 2025
437
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c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@7416b404\@[email protected] EXHIBIT “B”

BID PROPOSAL FORM
(Included on the following pages)
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Attachment 4
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910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: August 19, 2025 Agenda Item: 11G.

Submitted By: Public Works
Prepared By: Randy Little, Maintenance Manager
Subject:
..titl e

CONSIDERATION OF A RESOLUTION APPROVING A FIRST AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH COLTS LANDSCAPING, INC. FOR MAINTENANCE OF CITY STREETSCAPES (C22-33) AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT ..body
Fiscal Impact:

There is no fiscal impact on the proposed first amendment to the agreement with Colts Landscaping, Inc. The value of the amendment is $351,190.00 for Fiscal Year 2025-26, which was included in the City Council approved budget and is a three percent increase from the last Fiscal Year. There is no supplemental appropriation being requested for the Fiscal Year 2025-26 Budget.

Summary:

On June 7, 2022, the City Council approved a three-year agreement with Colts Landscape, Inc. for maintenance of City streetscapes through June 30, 2025. The Agreement, as bid, provides an option for two one-year extensions. The resolution before the City Council would approve a first amendment to the Agreement, extending services for one year to continue maintenance of the City streetscapes, and give the City Manager the ability to execute a second amendment administratively, upon satisfactory performance, next fiscal year if included in the adopted budget.

Background:

The City's streetscapes require maintenance, which includes: complete streetscape maintenance at designated medians, parkways, and other sites as described in Exhibit A of the Agreement.

This is a 7 days per week, 365 days per year contract. Staff has reviewed the Contractor's performance of its duties under the terms of the Agreement and recommends renewal.

When the competitive bids were solicited for the landscape maintenance services, all bidders were asked to include a bid for three years, with two potential one-year extensions. Therefore, the extensions were reviewed through the competitive process. The proposed First Amendment to the Agreement (Attachment 2) includes the following:
 Term Extension: The agreement will be extended for one (1) year, with a new term beginning July 1, 2025 and expiring June 30, 2026.
 Compensation: Per the original bid, the first one-year extension includes a three percent increase from $296,186.52 to $305,072.00. In addition, staff is recommending continuation of supplemental services for repair of medians, parkways, and other sites in the amount of 496
Meeting Date: August 19, 2025 Agenda Item: 11G.

CITY OF SAN CLEMENTE 2
$46,118, which is included in the Fiscal Year 2025-26 Budget for account number 001-634- 43425-000-00000.
 Future Extension: The resolution would authorize the City Manager, upon satisfactory performance, to execute the final contract extension according to the terms of the original Agreement, as amended, provided that it is included in the adopted Fiscal Year 2026-27 budget.

Council Options:
 Adopt Resolution No. 25-122, approving a First Amendment to the Agreement to include a one-year extension and costs not to exceed $351,190.00 and authorize the City Manager to execute the amendment and execute a second one-year amendment, upon satisfactory performance, for the next fiscal year provided that it is included in the adopted budget.  Modify and adopt Resolution No. 25-122.
 Continue the item with direction to provide additional information.  Do not adopt the Resolution No. 25-122 or approve Amendment No. 1 with Colts Landscape, Inc. to continue maintenance of the City's streetscapes.

Environmental Review/Analysis:

This project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR § 15301), Section 15301 of the state CEQA Guidelines.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No 25-122, which will:

1. Approve and authorize the City Manager to execute the First Amendment to the Agreement with Colts Landscaping, Inc. for a one-year extension of maintenance of City streetscapes at a cost not to exceed $351,190.00; and

2. Authorize the City Manager, upon satisfactory performance, to execute the final contract extension according to the terms of the original Agreement, as amended, provided that it is included in the adopted Fiscal Year 2026-27 budget.
..end
Attachment:

1. Resolution No. 25-122

2. Amendment No. 1 between the City of San Clemente and Colts Landscape, Inc.

3. Original Agreement (Contract No. 22-33)

4. June 7, 2022 Agenda Report
Notification:

Colts Landscape, Inc.
497
Attachment 1
RESOLUTION NO. 25-122

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, APPROVING A

FIRST AMENDMENT TO MAINTENANCE SERVICES
AGREEMENT NO. C22-33 WITH COLTS LANDSCAPE,
INC. FOR LANDSCAPE MAINTENANCE OF CITY

STREETSCAPES AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AMENDMENT
WHEREAS, the City of San Clemente ("City") entered into Maintenance Services Agreement No. 22-33 ("Agreement") with Colts Landscape, Inc. ("Contractor") on June 7, 2022 for the maintenance of City streetscapes; and
WHEREAS, Section 3.1.2 of the Agreement specifies an initial term through June 30, 2025, with the option to extend the total Agreement term by up to two (2) one-year extensions; and
WHEREAS, it is in the best interests of the City to exercise the first one-year extension to provide for maintenance of City streetscapes through June 30, 2026; and WHEREAS, this project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR § 15301), Section 15301 of the state CEQA Guidelines.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

SECTION 1. That the above recitals are true and correct and incorporated herein fully by reference.

SECTION 2. That the First Amendment to the Agreement with Colts Landscaping, Inc. for a one-year extension of maintenance of City streetscapes at a cost not to exceed $351,190.00 is hereby approved.

SECTION 3. That the City Manager is hereby authorized and directed to execute said First Amendment in a form substantially similar to that presented to the City Council on August 19, 2025.

SECTION 4. That the City Manager is hereby authorized, in the exercise of his discretion, to execute a second amendment to the Agreement with Colts to exercise the last and final contract extension according to the terms of the original Agreement, as amended, provided that it is within the City Council approved budget amount for Fiscal Year 2026-27 without additional approval from the City Council.

SECTION 5. That the City Manager is authorized and directed to take such actions and execute such other and further documents as may be necessary to accomplish the purposes of this resolution and implement the project.
498
Resolution No. 24-122 Page 2
SECTION 6. 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 , 2025
ATTEST:

CITY CLERK of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-122 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 _______________, 2025. ________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
499
Attachment 2

FIRST AMENDMENT TO

AGREEMENT FOR MAINTENANCE SERVICES FOR

STREETSCAPE MAINTENANCE
This First Amendment to the Agreement for Maintenance Services for Streetscapes (this “First Amendment”) is made and entered into on this 1st day of July, 2025, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and Colts Landscape, Inc., a California corporation with its principal place of business located at 12111 Chapman Avenue, Garden Grove, California 92840 (“Contractor”).

R E C I T A L S:

A. City and Contractor entered into that certain Agreement for Maintenance Services for Streetscapes (the “Agreement”) on June 7, 2022.

B. Section 3.1.2 of the Agreement specifies an initial term of July 1, 2022 through June 30, 2025, with the option to extend the total Agreement term by up to two (2) one-year extensions.

C. City and Contractor desire to amend the Agreement to exercise the first one-year term extension, to provide for Streetscape maintenance services from July 1, 2025 to June 30, 2026.

D. Exhibit B of the Agreement (Schedule of Maintenance Services, Contractor's Bid Proposal) specifies the Total Per Year Cost of $305,072.04 for the first one-year term extension.

E. City and Contractor desire to amend the Agreement increasing the Total Per Year base cost from $296,186.52 for the initial term, to $305,072.00 (rounded) for the first one-year term extension of July 1, 2025 through June 30, 2026, with $46,118.00 in supplemental services for a total not to exceed contract cost of $351,190.00.

F. City and Contractor desire to amend the Agreement in the manner provided herein.

COVENANTS
The Parties hereby agree as follows:

Section 1: Section 3.1.2 of the Agreement titled “Term” is hereby deleted and replaced in its entirety with the following:

3.1.2 Term.

The term of the Agreement shall be from July 1, 2022 and shall continue and remain in effect until June 30, 2026, unless terminated earlier as provided herein.

The City shall have the unilateral option, at its sole discretion, to renew this Agreement for one (1) additional one-year extension. Contractor shall complete the Services within the term of this Agreement, and shall meet any other 500
4926-0669-0391 v1 2 of 10
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Section 2: Section 3.3.1 of the Agreement titled “Compensation” is hereby deleted and replaced in its entirety with the following:

3.3.1 Compensation.

Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “B” attached hereto and incorporated herein by reference. The total compensation for the initial term through June 30, 2025, shall not exceed One Million, FiftyThree Thousand, Five Hundred Fifty-Nine DOLLARS and Fifty-Six CENTS ($1,053,559.56), which includes an annual supplement of Fifty-Five Thousand DOLLARS ($55,000.00), without prior written approval of City’s City Council. The total compensation for the First Amendment to the Agreement, exercising the first one-year term extension through June 30, 2026, shall not exceed Three Hundred Fifty-One Thousand, One Hundred Ninety DOLLARS and Zero CENTS ($351,190.00) annually, which includes an annual supplement of Forty-Six Thousand, One Hundred Eighteen DOLLARS and Zero CENTS ($46,118.00). Extra work may be pre-authorized in writing, as described below, and if so authorized, will be compensated at the rates and manner set forth in this Agreement.

Section 3: Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
501
4926-0669-0391 v1 3 of 10
c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@6c16d1a4\@[email protected] 08.14.25 IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite of their signatures and effective as of the date first entered above.

CITY OF SAN CLEMENTE
By: ________________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 2025
_____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

COLTS LANDSCAPE, INC.,
a California corporation
(“CONTRACTOR”)
By:

Alfredo Jose Jimenez, CEO/CFO/Secretary
Dated: _________________, 2025
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c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@6c16d1a4\@[email protected] 08.14.25 EXHIBIT “B”

BID PROPOSAL FORM
(Included on the following pages)
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c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@6c16d1a4\@[email protected] 08.14.25 509 Attachment 3
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Attachment 4
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910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: August 19, 2025 Agenda Item: 11H.

Submitted By: Public Works
Prepared By: Randy Little, Maintenance Manager
Subject:
..titl e

CONSIDERATION OF A RESOLUTION APPROVING A FIRST AMENDMENT TO THE

MAINTENANCE SERVICES AGREEMENT WITH OMNI ENTERPRISE FOR JANITORIAL

MAINTENANCE OF CITY BUILDINGS AND EXTERIOR RESTROOMS AT CITY BEACHES AND PARKS (C22-31) AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT ..body
Fiscal Impact:

There is no fiscal impact for the proposed first amendment to the agreement with Omni Enterprise dba Omniclean. The total value of the amendment is $479,020.00 for Fiscal Year 2025-26, which is a five percent increase from Fiscal Year 2024-2025. The proposed first amendment has been budgeted in the following accounts:

Account Number Amount
001-617-43480-000-00000 $ 272,633.00
001-635-43415-000-00000 117,256.00
001-636-43415-000-00000 44,669.00
052-461-43480-000-00000 27,210.00
054-471-43480-000-00000 17,252.00
Total $ 479,020.00
Summary:

On June 7, 2022, the City Council approved a three-year Agreement with Omni Enterprise, Inc. dba Omniclean for janitorial maintenance of City buildings and exterior restrooms at City beaches and parks through June 30, 2025. The Agreement provides an option for two one-year extensions. The resolution being considered by the City Council would approve a first amendment to the Agreement, extending services for one year to continue maintenance of the City’s facilities with a cost increase of five percent as submitted within the initial bid, and give the City Manager the ability to execute a second amendment administratively, upon satisfactory performance, next fiscal year if it is included in the adopted budget.

Background:

The City’s buildings and exterior restrooms at City beaches and parks require janitorial maintenance which includes full and complete janitorial services at designated locations provided in Exhibit A of the Agreement. The Contractor furnishes all janitorial supplies, including paper products. This contract is a seven days per week, 365 days per year contract that requires a supervisor to be on-site during all contract operations. Staff has reviewed the Contractor's performance of its duties under the terms of the Agreement and recommends renewal. 560
Meeting Date: August 19, 2025 Agenda Item: 11H.

CITY OF SAN CLEMENTE 2
The proposed First Amendment to the Agreement (Attachment 2) includes the following:
 Term Extension: The Agreement will be extended for one year, with a new term beginning July 1, 2025 and expiring June 30, 2026.
 Compensation: Per the original bid, the first one-year extension will increase costs by five percent from $452,400.00 to $475,020.00. In addition, Staff is recommending continuation of supplemental services for special events in the amount of $4,000. The combined total of $479,020.00 is budgeted in Fiscal Year 2025-26 in the account numbers shown above.  Future Extension: The resolution would authorize the City Manager, upon satisfactory performance, to execute the final contract extension according to the terms of the original Agreement, as amended, provided that it is included in the adopted Fiscal Year 2026-27 budget.

Council Options:
 Adopt Resolution No. 25-123, which will approve a First Amendment to the Agreement to include a one-year extension and costs not to exceed $479,020.00, and authorize the City Manager to execute the amendment and execute the second one-year option, upon satisfactory performance, provided it is included in the adopted budget.  Modify and adopt Resolution No. 25-123.
 Continue the item with direction to provide additional information.  Do not adopt Resolution No. 25-123 or approve Amendment No. 1 with Omni Enterprise, Inc. dba Omniclean to continue janitorial maintenance of City buildings and exterior restrooms at City beaches and parks.

Environmental Review/Analysis:

This project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR § 15301) Section 15301 of the state CEQA Guidelines.

Recommended Actions:

Staff Recommendation
..recommendation
..recommendation
Staff recommends that the City Council adopt Resolution No 25-123, which will:

1. Approve and authorize the City Manager to execute the First Amendment to the Agreement with Omni Enterprise, Inc. dba Omniclean for a one-year extension of maintenance of City buildings and exterior restrooms at City beaches and parks at a total cost not to exceed $479,020.00; and
561
Meeting Date: August 19, 2025 Agenda Item: 11H.

CITY OF SAN CLEMENTE 3

2. Authorize the City Manager, upon satisfactory performance, to execute the final contract extension according to the terms of the original Agreement, as amended, provided that it is within the adopted Fiscal Year 2026-27 budget.
..end
Attachments:

1. Resolution No. 25-123

2. Amendment No. 1 between the City of San Clemente and Omni Enterprise, Inc. dba Omniclean

3. Original Agreement (Contract No. 22-31)

4. June 7, 2022 Agenda Report
Notification:

Omni Enterprise, Inc. dba Omniclean
562
Attachment 1
RESOLUTION NO. 25-123

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, APPROVING A FIRST

AMENDMENT TO MAINTENANCE SERVICES
AGREEMENT NO. C22-31 WITH OMNI ENTERPRISE,
INC. DBA OMNICLEAN FOR JANITORIAL MAINTENANCE

OF SPECIFIED CITY BUILDINGS, AND EXTERIOR

RESTROOMS AT CITY BEACHES AND PARKS AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AMENDMENT
WHEREAS, the City of San Clemente ("City") entered into Maintenance Services Agreement No. 22-31 ("Agreement") with Omni Enterprise, Inc. dba Omniclean ("Contractor") on June 7, 2022 for the janitorial maintenance of specified City buildings, and exterior restrooms at City beaches and parks; and
WHEREAS, Section 3.1.2 of the Agreement specifies an initial term through June 30, 2025, with the option to extend the total Agreement term by up to two (2) one-year extensions; and
WHEREAS, it is in the best interests of the City to exercise the first one-year extension to provide for janitorial maintenance of specified City buildings, and exterior restrooms at City beaches and parks through June 30, 2026; and WHEREAS, this project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR § 15301), Section 15301 of the state CEQA Guidelines.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

SECTION 1. That the above recitals are true and correct and incorporated herein fully by reference.

SECTION 2. That the First Amendment to the Agreement with Omni Enterprise, Inc. dba Omniclean for a one-year extension for janitorial maintenance of specified City buildings, and exterior restrooms at City beaches and parks at a total cost not to exceed $479,020.00 is hereby approved.

SECTION 3. That the City Manager is hereby authorized and directed to execute said First Amendment in a form substantially similar to that presented to the City Council on August 19, 2025.

SECTION 4. That the City Manager is hereby authorized, in the exercise of his discretion, to execute a second amendment to the Agreement with Omni Enterprise, Inc. dba Omniclean to exercise the last and final contract extension according to the terms of the original Agreement, as amended, provided that it is within the approved budget amount for Fiscal Year 2026-27, without additional approval from the City Council. 563
Resolution No. 25-123 Page 2
SECTION 5. That the City Manager is authorized and directed to take such actions and execute such other and further documents as may be necessary to accomplish the purposes of this resolution and implement the project.

SECTION 6. 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 , 2025
ATTEST:

CITY CLERK of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 564
Resolution No. 25-123 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-123 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 _______________, ____. ________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
565

Attachment 2

FIRST AMENDMENT TO

AGREEMENT FOR MAINTENANCE SERVICES FOR

JANITORIAL SERVICES
This First Amendment to the Agreement for Maintenance Services for Janitorial Services (this “First Amendment”) is made and entered into on this 1st day of July, 2025, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and Omni Enterprise, Inc. dba Omniclean, a California corporation with its principal place of business located at 1420 E. Edinger Ave., Suite 111, Santa Ana, California 92705 (“Contractor”).

R E C I T A L S:

A. City and Contractor entered into that certain Agreement for Maintenance Services for janitorial services (the “Agreement”) on June 7, 2022.

B. Section 3.1.2 of the Agreement specifies an initial term of July 1, 2022 through June 30, 2025, with the option to extend the total Agreement term by up to two (2) one-year extensions.

C. City and Contractor desire to amend the Agreement to exercise the first one-year term extension to provide janitorial maintenance services from July 1, 2025 to June 30, 2026.

D. Exhibit B of the Agreement (Schedule of Maintenance Services, Contractor's Bid Proposal) specifies the Total Per Year Cost of $475,020.00 for base services for the first one-year term extension.

E. City and Contractor desire to amend the Agreement increasing the Total Per Year Cost from $452,400.00 to $479,020.00 for base services and including an additional $4,000 for supplemental services for the one-year term extension for the period of July 1, 2025 through June 30, 2026.

F. City and Contractor desire to amend the Agreement in the manner provided herein.

COVENANTS
The Parties agree as follows:

Section 1: Section 3.1.2 of the Agreement titled “Term” is hereby deleted and replaced in its entirety with the following:

3.1.2 Term.

The term of the Agreement shall be from July 1, 2022 and shall continue and remain in effect until June 30, 2026, unless terminated earlier as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement for one (1) additional one-year extension.

Contractor shall complete the Services within the term of this Agreement, and shall meet any 566
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c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@e0140659\@[email protected] other established schedules and deadlines.

Section 2: Section 3.3.1 of the Agreement titled “Compensation” is hereby deleted and replaced in its entirety with the following:

3.3.1 Compensation.

Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “B” attached hereto and incorporated herein by reference. The total compensation for the initial term through June 30, 2025 shall not exceed One Million, Three Hundred Eighty-Eight Thousand, Four Hundred DOLLARS and Zero CENTS ($1,388,400.00), which includes an annual supplemental of Four Thousand DOLLARS and Zero CENTS ($4,000.00), without prior written approval of City Council.

The total compensation for the First Amendment to the Agreement, exercising the first one-year term extension from July 1, 2025 through June 30, 2026, shall not exceed Four Hundred SeventyNine Thousand, Twenty DOLLARS and Zero CENTS ($479,020.00), which includes an annual supplement of Four Thousand DOLLARS and Zero CENTS ($4,000.00), without prior written approval of City Council, or City Manager, as appropriate. Extra Work may be previously authorized in writing, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

Section 3: Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
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c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@e0140659\@[email protected] IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite of their signatures, effective as of the date first written above.

CITY OF SAN CLEMENTE
By:____________________________
Andy Hall, City Manager
ATTEST: Dated:_________________, 2025
____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

OMNI ENTERPRISE, INC. dba

OMNICLEAN,
a California Corporation
(“CONTRACTOR”)
By:

Dante Perez, CEO/CFO/Secretary
Dated: _________________, 2025
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c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@e0140659\@[email protected] EXHIBIT “B”

BID PROPOSAL FORM
(Included on the following pages)
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CITY OF SAN CLEMENTE

AGREEMENT FOR MAINTENANCE SERVICES

1. PARTIES AND DATE.

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

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain Janitorial maintenance services required by the City on the terms and conditions set forth in this Agreement and the Contract Documents, Plans, and Specifications for Janitorial maintenance services dated February 2, 2022 which are hereby incorporated as though fully set forth herein.

The contract Documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Bid, together with this Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. Contractor represents that it is experienced in providing Janitorial maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that it is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such services for the Janitorial Services C22-31 project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from July 1, 2022 to June 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
55452.01100\31090125.5
l:\cy\secure\MaintServices\CONTRACTS - NEW 2018 & Newer\Janitorial Services\Janitorial Svcs Maint CONTRACT OMNI 07.01 .22.docx Attachment 3
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Attachment 4
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910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: August 19, 2025 Agenda Item: 11I.

Submitted By: Public Works
Prepared By: Randy Little, Maintenance Manager
Subject:
..titl e

CONSIDERATION OF A RESOLUTION APPROVING A FIRST AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH COLTS LANDSCAPING, INC. FOR MAINTENANCE OF CITY BEACHES, ACCESSES AND PIER (C22-32) AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT ..body
Fiscal Impact:

There is no fiscal impact for the proposed first amendment to the agreement with Colts Landscaping, Inc. The value of the amendment is $278,070.36 for Fiscal Year 2025-26, which was included in the approved budget and represents a three percent increase compared to the last Fiscal Year.

Summary:

On June 7, 2022, the City Council approved a three-year Agreement with Colts Landscaping, Inc. for maintenance of City beaches, beach accesses and the Municipal Pier through June 30, 2025.

The Agreement, as bid, provides an option for two one-year extensions. The resolution before the City Council would approve a first amendment to the Agreement, extending services for one year to continue maintenance of the City’s coastal areas, and give the City Manager the discretion to execute a second amendment administratively next fiscal year if within the approved budgeted amount.

Background:

The City’s beaches, coastal accesses and Municipal Pier require maintenance which includes:
trash and litter removal, cleaning of fire rings, daily pier nail patrol, cleaning of pier sinks, bait cutting stations, landscaping maintenance of 10 beach accesses, base of pier hardscape maintenance and trash removal at the Metrolink platform, T-Street, Pier Bowl, Linda Lane and North Beach Parking. The contract also increased the frequency of trash removal on the beach, pier and parking areas, to three times per day year-round. Staff has reviewed the Contractor's performance of its duties under the terms of the Agreement and recommends renewal.

When the competitive bids were solicited for maintenance services, all bidders were asked to include a bid for three years, with two potential one-year extensions. Therefore, the extensions were reviewed through the competitive process. The proposed First Amendment to the Agreement (Attachment 2) includes the following:
 Term Extension: The Agreement will be extended for one year, with a new term beginning July 1, 2025 and expiring June 30, 2026.
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Meeting Date: August 19, 2025 Agenda Item: 11I.

CITY OF SAN CLEMENTE 2
 Compensation: Per the original bid, the first one-year extension includes a three percent increase from $214,631.40 to $221,070.36. In addition, staff is recommending continuation of supplemental services to support special events in the amount of $57,000, which is included in the Fiscal Year 2025-26 Budget for account number 001-636-43424-000-00000.  Future Extension: The resolution would authorize the City Manager, upon satisfactory performance, to exercise the final contract extension according to the terms of the original Agreement, as amended, provided that it is included in the adopted Fiscal Year 2026-27 budget.

Council Options:
 Adopt Resolution No. 25-124, approving a First Amendment to the Agreement with a one-year extension and costs not to exceed $278,070.36, authorize the City Manager to execute the amendment and execute a second one-year option, upon satisfactory performance, for the next fiscal year provided it is included in the adopted budget.  Modify and adopt Resolution No. 25-124.
 Continue the item with direction to provide additional information.  Do not adopt Resolution No. 25-124 or approve Amendment No. 1 with Colts Landscaping, Inc. to continue maintenance of the City’s beaches, beach accesses and Municipal Pier.

Environmental Review/Analysis:

This project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR § 15301), Section 15301 of the state CEQA Guidelines.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No 25-124, which will:

1. Approve and authorize the City Manager to execute the First Amendment to the Agreement with Colts Landscaping, Inc. for a one-year extension of maintenance services for City beaches, accesses and pier at a cost not to exceed $278,070.36; and

2. Authorize the City Manager, upon satisfactory performance, to exercise the final contract extension according to the terms of the original Agreement, as amended, provided it is included in the adopted Fiscal Year 2026-27 budget.
..end
Attachments:

1. Resolution No. 25-124

2. First Amendment to Agreement for Maintenance Services for Beaches, Accesses and Pier between the City of San Clemente and Colts Landscaping, Inc.

3. Original Agreement (Contract No. 22-32)

4. June 7, 2022 Agenda Report
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Meeting Date: August 19, 2025 Agenda Item: 11I.

CITY OF SAN CLEMENTE 3
Notification:

Colts Landscape, Inc.
615
Attachment 1
RESOLUTION NO. 25-124

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, APPROVING A FIRST

AMENDMENT TO MAINTENANCE SERVICES
AGREEMENT NO. C22-32 WITH COLTS LANDSCAPE,
INC. FOR MAINTENANCE OF CITY BEACHES,

ACCESSES AND PIER AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AMENDMENT
WHEREAS, the City of San Clemente ("City") entered into Maintenance Services Agreement No. 22-32 ("Agreement") with Colts Landscape, Inc. ("Contractor") on June 7, 2022 for the maintenance of City Beaches, Accesses and Pier; and WHEREAS, the current term of the Agreement is set to expire on June 30, 2025; and WHEREAS, Section 3.1.2 of the Agreement specifies an initial term through June 30, 2025, with the option to extend the total Agreement term by up to two (2) one-year extensions; and
WHEREAS, it is in the best interests of the City to exercise the first one-year extension to provide for maintenance of beaches, accesses and Municipal Pier through June 30, 2026; and
WHEREAS, this project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR § 15301), Section 15301 of the state CEQA Guidelines.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

SECTION 1. That the above recitals are true and correct and incorporated herein fully by reference.

SECTION 2. That the First Amendment to the Agreement with Colts Landscaping, Inc. for a one-year extension of maintenance services for City beaches, accesses and pier at a cost not to exceed $278,070.36 is hereby approved.

SECTION 3. That the City Manager is hereby authorized and directed to execute said First Amendment in a form substantially similar to that presented to the City Council on August 19, 2025.

SECTION 4. That the City Manager is hereby authorized, in the exercise of his discretion, to execute a second amendment to the Agreement with Colts to exercise the last and final contract extension according to the terms of the original Agreement, as amended, provided it is within the approved budget amount for Fiscal Year 2026-27 without additional approval from the City Council.
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Resolution No. 25-124 Page 2
SECTION 5. That the City Manager is authorized and directed to take such actions and execute such other and further documents as may be necessary to accomplish the purposes of this resolution and implement the project.

SECTION 6. 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 , 2025
ATTEST:

CITY CLERK of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 617
Resolution No. 25-124 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-124 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 _______________, ____. ________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
618
Attachment 2

FIRST AMENDMENT TO

AGREEMENT FOR MAINTENANCE SERVICES FOR

BEACHES, ACCESSES AND PIER
This First Amendment to the Agreement for Maintenance Services for Beaches, Accesses and Pier (this “First Amendment”) is made and entered into on this 1st day of July, 2025, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and Colts Landscape, Inc., a California corporation with its principal place of business located at 12111 Chapman Avenue, Garden Grove, California 92840 (“Contractor”).

R E C I T A L S:

A. City and Contractor entered into that certain Agreement for Maintenance Services for Beaches, Accesses and Pier (the “Agreement”) on June 7, 2022.

B. Section 3.1.2 of the Agreement specifies an initial term of July 1, 2022 through June 30, 2025, with the option to extend the total Agreement term by up to two (2) one-year extensions.

C. City and Contractor desire to amend the Agreement to exercise the first one-year term extension, to provide for Beaches, Accesses and Pier maintenance services from July 1, 2025 to June 30, 2026.

D. Exhibit B of the Agreement (Schedule of Maintenance Services, Contractor's Bid Proposal) specifies the Total Per Year Cost of $278,070.36 for the first one-year term extension.

E. City and Contractor desire to amend the Agreement to exercise the first one-year term extension for the period of July 1, 2025 through June 30, 2026, at the first oneyear extension cost of $278,070.36.

F. City and Contractor desire to amend the Agreement in the manner provided herein.

COVENANTS
The Parties hereby agree as follows:

Section 1: Section 3.1.2 of the Agreement titled “Term” is hereby deleted and replaced in its entirety with the following:

3.1.2 Term.

The term of the Agreement shall be from July 1, 2022 and shall continue and remain in effect until June 30, 2026, unless terminated earlier as provided herein.

The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement for one (1) additional one-year extension. Contractor shall complete the Services within the term of this Agreement, and shall meet any other 619
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Section 2: Section 3.3.1 of the Agreement titled “Compensation” is hereby deleted and replaced in its entirety with the following:

3.3.1 Compensation.

Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “B” attached hereto and incorporated herein by reference. The total compensation for the initial term through June 30, 2025 shall not exceed Eight Hundred Fourteen Thousand, Eight Hundred Ninety-Four DOLLARS and Twenty CENTS ($814,894.20), which includes an annual supplement of Fifty-Seven Thousand DOLLARS ($57,000.00), without prior written approval of the City Council. The total compensation for any amendment to the Agreement exercising the first or second one-year extension(s), shall not exceed Two Hundred Seventy-Eight Thousand, Seventy DOLLARS and Thirty-Six CENTS ($278,070.36) annually, which includes an annual supplement of Fifty-Seven Thousand DOLLARS ($57,000.00), without prior written approval of City’s City Manager. Extra Work may be previously authorized in writing, as described below, and if so authorized, will be compensated at the rates and manner set forth in this Agreement.

Section 3: Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
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c:\users\ufc-prod\appdata\local\temp\bcl technologies\easypdf 8\@bcl@1015f0a1\@[email protected] 04/17/25 IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite of their signatures and effective as of the date first entered above.

CITY OF SAN CLEMENTE
By: ________________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 2025
_____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

COLTS LANDSCAPE, INC.,
a California corporation
(“CONTRACTOR”)
By:

Alfredo Jose Jimenez, CEO/CFO/Secretary
Dated: _________________, 2025
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BID PROPOSAL FORM
(Included on the following pages)
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910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: August 19, 2025 Agenda Item: 11J.

Submitted By: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject:
..titl e
CONTRACT AWARD – CONSIDERATION OF A RESOLUTION AWARDING A PROFESSIONAL SERVICES AGREEMENT TO SUMMERS, MURPHY & PARTNERS, INC.

FOR SAN CLEMENTE PIER ENTRANCE REDESIGN PROJECT, PN 23102, AUTHORIZING

THE CITY MANAGER TO EXECUTE THE AGREEMENT IN AN AMOUNT NOT TO EXCEED $72,570, AND MAKING FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Fiscal Impact:

There is no unanticipated fiscal impact for the proposed contract award for professional services for Summers, Murphy & Partners. Adequate funding for this project was approved by the City Council in the Fiscal Year 2025-26 budget under Account No. 001-636-45700-000-23102.

Future construction funding will be pursued through a combination of PierPride Foundation fundraising, grants, and capital improvement funding pending final design and cost estimates.

Summary:

Staff recommends that the City Council authorize the City Manager to enter into a professional services agreement with Summers, Murphy & Partners, Inc. (“SMP”) for the design of the San Clemente Pier Entrance Redesign Project in partnership with PierPride Foundation. SMP submitted a comprehensive proposal that includes all required disciplines and represents the best overall value for the City with a proven record of success in San Clemente.

Background:

The San Clemente Pier Entrance Redesign Project is a community-driven initiative intended to enhance public safety, celebrate San Clemente’s historic identity, and create an iconic entryway to the City’s most visited public destination—the Pier. The redesign is timed to align with San Clemente’s 100-Year Centennial Celebration in 2028.

The project is a partnership between the City of San Clemente and the PierPride Foundation. The site currently experiences a high volume of pedestrian, trolley, train, bicycle, and vehicular traffic, creating the need for a comprehensive design that balances safety, mobility, and aesthetics.

A Request for Proposals (RFP) was issued and generally advertised in May, and included at least five firms based in San Clemente. In response, four proposals were received from the following firms:
 Summers, Murphy & Partners, Inc. (SMP)
675
Meeting Date: August 19, 2025 Agenda Item: 11J.

CITY OF SAN CLEMENTE 2
 David Volz Design (DVD)
 Hirsch & Associates, Inc. (HAI)
 Gerami Architectural Corporation (GAC)
The proposal evaluation matrix is included below.

SMP DVD HAI GAC
Vision & Design Approach (25 pts) 23 21 20 14
Relevant Experience (20 pts) 20 17 16 12
Understanding & Methodology (25 pts) 14 13 12 10
Cost Proposal Schedule (15 pts) 12 6 9 15
Community Engagement Strategy (10 pts) 9 9 8 6
Proposal Quality (10 pts) 10 9 8 6
References (5 pts) 5 4 3 2
Total Score (out of 100 pts) 93 79 76 65
Council Options:
 Adopt Resolution No. 25-125, which would award a professional services agreement to Summers, Murphy & Partners for San Clemente Pier Entrance Redesign Project, PN 23102, authorizing the City Manager to execute the agreement in an amount not to exceed $72,570, and finding the project categorically exempt from under the California Environmental Quality Act under Class 1 and 2.
 Amend and adopt the Resolution.
 Provide alternate direction to staff.
 Take no action.

Environmental Review/Analysis:

Approval of the professional services agreement is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Class 1 – Existing Facilities) and Section 15302 (Class 2 – Replacement or Reconstruction). The scope of work involves improvements to an existing public facility and infrastructure, including minor alterations to landscaping, pedestrian circulation, and site furnishings, with no expansion of use.

Additionally, the relocation and replacement of existing signage, seating, and other facilities are consistent with the Class 2 exemption.

No significant adverse environmental impacts are anticipated as part of the design work, and environmental review will be revisited and confirmed prior to construction, once final plans and specifications are developed.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 25-125, which would:
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Meeting Date: August 19, 2025 Agenda Item: 11J.

CITY OF SAN CLEMENTE 3

1. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301 (Class 1 – Existing Facilities) and Section 15302 (Class 2 – Replacement or Reconstruction); and

2. Award a professional services agreement to Summers, Murphy & Partners for San Clemente Pier Entrance Redesign Project, PN 23102; and

3. Authorize the City Manager to execute the agreement in an amount not to exceed $72,570. ..end
Attachment:

1. Resolution No. 25-125

2. Contract No. C25-39
Notification:

All bidders
677
Attachment 1
RESOLUTION NO. 25-125

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

PROFESSIONAL SERVICES AGREEMENT TO SUMMERS,
MURPHY & PARTNERS, INC. FOR DESIGN SERVICES FOR

THE SAN CLEMENTE PIER ENTRANCE DESIGN PROJECT
WHEREAS, the City of San Clemente initiated a Request for Proposals (RFP) process to procure professional design services for the San Clemente Pier Entrance Design Project, which seeks to enhance safety, aesthetics, and circulation at the Pier entrance in preparation for the City’s Centennial Celebration in 2028; and WHEREAS, the City received four (4) proposals in response to the RFP, which were evaluated by a selection committee based on criteria including design vision, relevant experience, methodology, cost, community engagement, proposal quality, and references; and
WHEREAS, after thorough evaluation and scoring of the proposals received, Summers, Murphy & Partners, Inc. (SMP) was determined to be the most qualified firm offering the best overall value, with a proposal demonstrating alignment with project goals, strong design credentials, effective stakeholder coordination strategies, and a competitive fee proposal with prices that were fair and reasonable; and WHEREAS, the cost proposal submitted by SMP is within budget and the firm has demonstrated the ability to deliver the project on time and in compliance with regulatory requirements.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

SECTION 1. The foregoing recitals are true and incorporated fully herein as findings.

SECTION 2. Based on a review of the record as a whole, this project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 CCR §15301 (Class 1 – Existing Facilities) and/or 14 CCR §15302 (Class 2 – Replacement or Reconstruction), as the project involves minor alterations and improvements to an existing public facility involving no expansion of use and there is no possibility of a direct or foreseeable indirect significant effect on the environment.

SECTION 3. The City Council hereby awards the contract for professional design services for the San Clemente Pier Entrance Design Project to Summers, Murphy & Partners, Inc. in the amount of $72,570.

SECTION 4. The City Manager is authorized and directed to execute said contract for professional design services for the San Clemente Pier Entrance Design Project with Summers, Murphy & Partners, Inc. in a form substantially similar to that presented to the City Council on August 19, 2025.
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Resolution No. 25-125 Page 2
SECTION 5. The City Manager is authorized and directed to execute such other documents and take such other and further actions as are necessary and proper to complete the design project and accomplish the purposes of this resolution.

SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 679
Resolution No. 25-125 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-125 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 _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_____________________________
Elizabeth A. Mitchell, City Attorney
680
Attachment 2

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 2025, 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 Summers, Murphy & Partners, Inc., a California corporation, with its principal place of business at 34197 PACIFIC COAST HIGHWAY, DANA POINT, CA 92629 ("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 architectural design 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 architectural design 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 architectural design consulting services for the Pier Entrance Design PN 23102 project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional architectural design 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 August 20, 2025 to September 30, 2026, or until completed to the City’s satisfaction, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

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

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on 681
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behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control, the City being only concerned with the finished results of the work being performed. 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 solely 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. Neither Consultant nor Consultant's employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, workers’ compensation benefits, injury leave or other leave benefits. Consultant is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.

3.2.2 PERS Eligibility and Employee Payments Indemnification. In the event that Consultant's employee providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions that would otherwise be the responsibility of the City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant's employees providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contributions to be paid by City for employer contributions and/or employee contributions for PERS benefits. Consultant agrees to defend and indemnify the City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the PERS, social security, salary or wages, overtime payment, or workers’ compensation payment that the City may be required to make for work done under this Agreement. The provisions of this section 3.2.2 are continuing obligations that shall survive expiration or termination of this Agreement.

3.2.3 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.

3.2.4 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.

3.2.5 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.6 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should 682
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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: Patrick C.M. Murphy, President.

3.2.7 City's Representative. The City hereby designates Samantha Wylie, Baches, Parks & Recreation 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 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.

3.2.8 Consultant's Representative. Consultant hereby designates Patrick C.M.

Murphy, 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 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.

3.2.9 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.

3.2.10 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.
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3.2.11 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.

3.2.12 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.

3.2.13 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. 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 Seventy Two Thousand Five Hundred and Seventy Dollars ($72,570) without prior written approval of the City Council or City Manager as applicable. Extra Work may be previously authorized in writing, as described below, and if so 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 previously authorized in writing by City, or included in Exhibit "D" of this Agreement.
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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 prior 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 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. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“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.
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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: Summers, Murphy & Partners, Inc.
34197 Pacific Coast Highway
Dana Point, CA 92629
ATTN: Pat Murphy
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Laura Campagnolo, City Clerk and Samantha
Wylie, Beaches, Parks & Recreation 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 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, use, 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 686
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City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary 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 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 687
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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.

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 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 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.
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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.

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 against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City, state and federal grant requirements and related programs, policies and 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 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/Electronic Signatures. This Agreement may be signed in counterparts, each of which shall constitute an original. This Agreement may be signed with the same force and effect as original ink signatures.

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.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures. 689
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CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST: Dated: _________________________
____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

Summers, Murphy & Partners, Inc., a
California corporation
(“CONSULTANT”)
By:_____________________________
Patrick Murphy, CEO
Dated: _________________________
By:_____________________________
Raymond Mew, CFO
Dated: _________________________
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EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall perform the following services for the City (collectively, the “Services”) to the City’s satisfaction:

The Consultant will provide full design and construction services, including:
• Reconfigure the pier entrance to reflect historical design sensibilities • Remove existing low-lying shrubbery and outdated landscaping. • Design and integrate a new retaining wall with planter. • Install three new benches for a trolley waiting/seating area. • Relocate the existing historical pier identity sign and Fisherman’s Restaurant tenant sign, integrating them with a new seating area.
• Incorporate public art elements in the underpass area to promote an inviting and safe alternative to the current at-grade railroad crossing.

Deliverables:
• Schematic Design
• Design Development
• Construction Documents at 60%, 90%, and 100% completion milestones • Engineer’s estimate of construction costs
• Construction schedule and phasing plan
• Stakeholder presentations (up to three public meetings) • Coordination with permitting agencies and regulatory compliance 691
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EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall diligently perform the Services to the City’s satisfaction according to the timeframe(s) requested by the City within the term of the Agreement and shall meet all established schedules and deadlines.
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WORKER’S COMPENSATION INSURANCE CERTIFICATION
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EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

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 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. 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.
(C) 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. (D) Cyber Liability Insurance with limits not less than $1,000,000 per occurrence or claim, $1,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, 693
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including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

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:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

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 Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision 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, 694
55452.01100\31193624.5
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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 selfinsured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

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

3.2.12.10 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will 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 from a company or companies with a current A.M. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
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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 under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and 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.
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EXHIBIT “D”

COMPENSATION
In full compensation for the Services rendered by the Consultant under the Agreement, the City shall pay the Consultant the following lump sum, fixed price:

1. Schematic Design Phase Total: $10,900

2. Design Development Phase Total: $12,400

3. Construction Documentation Phase Total: $16,900

4. Construction Administration Phase (24 hours allowed) Total: $3,360

5. Field Observation (32 hours allowed) Total: $4,480

6. Kreutzer Consulting Engineers (for as-built CADD base preparations if city records aren’t available) Total: $22,930
Total Fees: $70,970
Optional

1. 3D Colored visual simulations Total: $1,600/each
There are no reimbursable expenses under this Agreement. 697
WORKER’S COMPENSATION INSURANCE CERTIFICATION
55452.01100\31193624.5
4936-1162-1678 v2

WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

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

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION COVERAGE IS

UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION

TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.

Dated: _______________________________
________________________________
(“CONSULTANT”)
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
698
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: August 19, 2025 Agenda Item: 11K.

Submitted By: Finance and Administrative Services
Prepared By: Brian Brower, Chief Administrative Officer Matthew Schmelzel, Senior Management Analyst
Subject:
..titl e
CONSIDERATION OF A RESOLUTION APPROVING AN AMENDMENT TO THE FY 2025-26

POLICE SERVICES CONTRACT FOR THE REPLACEMENT OF TWO ALL-TERRAIN

VEHICLES AND ONE TRAILER, AUTHORIZING A RELATED SUPPLEMENTAL

APPROPRIATION AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT ..body
Fiscal Impact:

The replacement cost for retiring public safety fleet is $37,788. This expenditure will be funded through a supplemental appropriation from the General Fund unassigned fund balance to account 001-218-43625 (Police Contract Services).

Summary:

Consideration of a resolution approving the First Amendment to the Police Services Agreement for the replacement of retiring public safety vehicles and equipment.

Discussion:

The City is responsible for owning and maintaining several key public safety assets including certain patrol vehicles, motorcycles and other related equipment. In recent years, the Orange County Sheriff’s Department has initiated a process to transition fleet to direct County ownership.

This strategic move aims to streamline operations and enhance the efficiency of the department’s fleet management.

Currently, the existing City-owned all-terrain vehicles and Sheriff’s Department-owned trailer are at the end of their useful service life and require replacement to ensure continued public safety operations. The new assets will be owned by the Sheriff’s Department and funded through the contract. This action increases the maximum contract obligation and requires a contract amendment.

The cost for acquiring two new all-terrain vehicles is $25,726, with the trailer costing $12,062. A supplemental appropriation of $37,788 is requested from the General Fund unassigned fund balance to facilitate the purchase. This investment is crucial for maintaining the Sheriff’s Department’s ability to respond effectively to operational demands.

Council Options:
699
Meeting Date: August 19, 2025 Agenda Item: 11K.

CITY OF SAN CLEMENTE 2
 Adopt Resolution No. 25-126, approving and authorizing the City Manager to execute the First Amendment to the agreement between the City of San Clemente and the County of Orange for FY 2025-26 police services and authorizing a supplemental appropriation of $37,788.  Modify and adopt Resolution No. 25-126.
 Continue the Item and direct staff to provide additional information.  Deny the request to adopt Resolution No. 25-126.

Environmental Review/Analysis:

This is not a “project” under the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 25-126, which would:

1. Approve and authorize the City Manager to execute a First Amendment to the agreement between the City of San Clemente and the County of Orange for FY 2025-26 police services; and

2. Authorize a supplemental appropriation in the amount of $37,788 from the General Fund unassigned fund balance to account 001-218-43625 (Police Contract Services). ..end
Attachment:

1. Resolution No. 25-126

2. FY 2025-26 Police Services Agreement First Amendment Notification:

Orange County Sheriff’s Department
700
Attachment 1
4867-3182-8585 v1
RESOLUTION NO. 25-126

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

FIRST CONTRACT AMENDMENT WITH THE COUNTY OF
ORANGE FOR POLICE SERVICES FOR FY 2025-26 AND

AUTHORIZING A SUPPLEMENTAL APPROPRIATION
FROM THE GENERAL FUND IN THE AMOUNT OF $37,788
WHEREAS, on June 3, 2025, the City Council authorized and directed the City Manager to execute the FY 2025-26 Police Services Agreement with the County of Orange, for a total maximum contractual obligation of $22,690,270; and WHEREAS, the Orange County Sheriff’s Department has requested replacement of two all-terrain vehicles and one trailer at a cost of $37,788 to be owned and maintained by the County of Orange to replace assets that are at the end of their useful lives; and WHEREAS, the County of Orange Police Services Agreement requires an amendment for any increases to the maximum contractual obligation; and WHEREAS, entering into the contract amendment with the County of Orange for police services is in the public’s best interest and is necessary for public safety and welfare.

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

SECTION 1. That the above recitations are true and correct and incorporated herein.

SECTION 2. That the City Council hereby approves the First Amendment to the Police Services Agreement with the County of Orange, for a total contract maximum obligation of $22,728,058.

SECTION 3. That the City Council hereby authorizes and directs the City Manager to execute the First Amendment to the Police Services Agreement in substantially the same form presented to City Council on August 19, 2025.

SECTION 4. That the City Council hereby approves and authorizes a supplemental appropriation from the General Fund unassigned fund balance in the amount of $37,788 to account 001-218-43625 (Police Contract Services).

SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 701
Resolution No. 25-126 Page 2
PASSED AND ADOPTED this _____ day of August, 2025.

ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the City San Clemente, California of San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-126 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of August 2025, 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 _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
702

FIRST AMENDMENT TO CONTRACT
With
City of San Clemente
For
Law Enforcement Services
This First Amendment to Contract for Law Enforcement Services, (hereinafter referred to as “Contract”) is made and entered into as of the date fully executed by and between the County of Orange, a political subdivision of the State of California (hereinafter referred to as “County,”) on behalf of Orange County Sheriff’s Department, (“Sheriff”), and the City of San Clemente, (hereinafter referred to as “City,”) with County and City sometimes individually referred to as “Party”, or collectively referred to as “Parties”

RECITALS
WHEREAS, County and City executed a contract for law enforcement services for a term of July 1, 2025 through June 30, 2026 in an amount not to exceed $22,690,270; WHEREAS, County and City agree to this First Amendment to revise Attachment B - Payment and Provisions and Attachment C - Level of Service for a new not to exceed amount of $22,728,058; NOW, THEREFORE, the Parties mutually agree as follows:

1. Effective September 1, 2025, Attachment B – Payment Provisions, Section 1 - Compensation is amended as follows:

Pursuant to Government Code Section 51350, City agrees to pay to County the full costs of performing the services mutually agreed upon in this Contract. The costs of services include salaries, wages, benefits, mileage, services, supplies, equipment, and divisional, departmental and County General overhead.

The Maximum Obligation of City for services to be provided by the County for the period July 1, 2025, through June 30, 2026, shall be $22,728,058 (herein “Maximum Obligation”). The County shall provide the City with a new Maximum Obligation prior to the start of the new fiscal year term for the remaining fiscal years included in this Contract Term, if applicable.

The overtime costs included in the Contract are only an estimate. Sheriff shall notify City of actual overtime worked during each fiscal year. If actual overtime worked is above or below budgeted amounts, billings will be adjusted accordingly at the end of the fiscal year. Actual overtime costs may exceed City’s Maximum Obligation.

2. Effective September 1, 2025, Attachment C – Level of Service is amended to add two (2) All Terrain Vehicles (ATV) and one (1) Trailer and revise the Other Charges and Credits and Total Cost of Service.

Attachment C, as amended, is attached hereto and incorporated by this reference.

3. This Amendment modifies the Contract only as expressly set forth above. This Amendment does not modify, alter or amend the Contract in any other way whatsoever. Except as amended herein, all other terms and conditions of the Contract remain unchanged.
-Signature Page to FollowAttachment 2
703
County of Orange
Sheriff Coroner Department
San Clemente Law Enforcement Services Page 2 of 4
IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to Contract on the dates opposite their respective signatures:

City: San Clemente
By: Title: City Manager
Print Name: Date:

Attest:

City Clerk
Approved as to Form
By: ____________________
City Attorney
County:

By: Title: Sheriff-Coroner
Print Name: Date:
704
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: August 19, 2025 Agenda Item: 11L.

Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director Subject:
..titl e

CONSIDERATION OF A RESOLUTION APPROVING TWO LICENSE AGREEMENTS WITH

THE ORANGE COUNTY FIRE AUTHORITY FOR TEMPORARY USE OF CITY-OWNED LAND (APN 678-163-01) AS A HELICOPTER LANDING ZONE FOR EMERGENCY OPERATIONS

AND FINDING THE ACTIONS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Fiscal Impact:

There is no direct cost to the City associated with execution of the license agreements. OCFA will bear all costs associated with site preparation, operations, and insurance. The City will benefit from improved public safety and emergency response capabilities at no direct cost.

Summary:

For the City Council’s consideration is a request to approve two license agreements with the Orange County Fire Authority (OCFA) (“License Agreement(s)”) for the use of an existing, graded portion of the Vista Hermosa Sports Park property located near the intersection of Avenida La Pata and Avenida Vista Hermosa, Assessor’s Parcel Number 678-163-01, as a temporary helicopter landing zone (HeliPad). This site will serve as a critical resource for fire helicopters during red flag conditions, major fire events, or other declared emergencies. Figure 1, below, provides a location map showing the licensed area.

Figure 1
705
Meeting Date: August 19, 2025 Agenda Item: 11L.

CITY OF SAN CLEMENTE 2
The two License Agreements are similar in form and content, with the exception that the first is for a term of 30 days and the second is for a term of two years. Due to the urgency of this project, City staff and OCFA desire to initiate this project as soon as possible. However, the OCFA Board of Directors (OCFA Board) is required to approve licenses for terms exceeding 30 days, and they will not be able to consider a two-year License Agreement until their meeting on September 25, 2025. In order to facilitate the use of this property for emergency fire-helicopter response during the month of September, staff is including a 30-day License Agreement to cover that interim period of time, which can be approved by OCFA staff upon approval by the City Council. The second License Agreement, if approved by the City Council and the OCFA Board, would cover the time period between October 1, 2025 to September 30, 2027.

Discussion:

The City owns an unimproved portion of property in a geographically strategic location for emergency response. Given the increasing frequency of wildfires and the expansion of Very High Fire Hazard Severity Zones (VHFHSZs) in San Clemente, OCFA has requested use of the site as a HeliPad to support emergency operations. The site is ideal for this use due to its:
 Proximity to Fire Station No. 59.
 Accessibility from major roadways.
 Proximity to high-risk wildland-urban interface areas.  Minimal environmental impact due to its current condition as a graded, vacant lot.  Minimal impact on residential properties; the closest residence to the site is more than 1,100 feet way.

The License Agreements (Exhibits A and B, of Attachment 1) allows OCFA to utilize the parcel for public safety operations on an as-needed, emergency basis for up to two-years. There are minimal site improvements proposed as part of this project; the site will remain unpaved and unaltered beyond the placement of gravel and a portable water storage container, as well as safety improvements, involving the installation of fencing around the HeliPad area, made by OCFA to accommodate safe helicopter landings.

To carry out the site modifications, an Administrative Development Permit will be required, which will be processed by the City, separately. Obtaining any additional permits necessary for the use of the property as a temporary HeliPad, under the purview of other agencies, will be the responsibility of the OCFA.

The License Agreements establish terms for the temporary use, site responsibilities, insurance, indemnification, and mutual termination provisions. Staff recommends that no fees be applied for the use of the property, as the use of this site for an OCFA HeliPad provides a significant public benefit in the improvement of response times for critical fire-fighting equipment and air support to the City and surrounding communities.

Pursuant to Section 102(i)(2)(A) of the Final Updated Surplus Land Act (SLA) Guidelines, dated August 1, 2024, the licensing of the property as proposed does not constitute a disposition of public land, and therefore the requirements of the SLA are not applicable to this License Amendment.
706
Meeting Date: August 19, 2025 Agenda Item: 11L.

CITY OF SAN CLEMENTE 3
As a final note, if the City Council decides to sell, develop or improve the property, the license can be terminated with a 30 written notice to OCFA.

Council Options:
 Adopt Resolution No. 25-127 (Attachment 1), approving and authorizing the City Manager to execute the License Agreements.
 Modify and adopt Resolution No. 25-127.
 Continue the item for further information or direction.  Deny the request to approve the License Agreements. This action will result in no temporary HeliPad for use by OCFA during red flag warning days.

Environmental Review/Analysis:

Approval of the License Agreements is exempt from the California Environmental Quality Act (CEQA) as it is not a “project” pursuant to CEQA Guidelines Section 15378 (14 CCR § 15378).

The action of executing a license agreement, in and of itself, has no potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Minor modifications to the site, such as laying gravel, installing fencing, and placing a portable water storage container, will be evaluated though the appropriate environmental review process, as part of a separate submittal for site modifications to the property, prior to their installation.

The use of the site for temporary, emergency helicopter operations is categorically exempt from CEQA under §15301 (Existing Facilities), in that the site is an existing, graded parcel with only minor and temporary site improvements proposed, §15304(e) (Minor Alterations to Land), in that the project consists of the minor temporary use of land having negligible or no permanent effect on the environment, and statutorily exempt from CEQA under §15269 (Emergency Projects), in that the project consists of a short-term, specific action necessary to prevent or mitigate an emergency, in this case, the threat of wildfire during red flag warning days.

Recommended Actions:

Staff Recommendation
..recommendation
STAFF RECOMMENDS that the City Council adopt Resolution No. 25-127, which will:

1. Find the project exempt under California Environmental Quality Act Guidelines Sections 15301 (Existing Facilities), 15304(e) (Minor Alterations to Land) and 15269 (Emergency Projects);

2. Approve the two License Agreements with the Orange County Fire Authority for the use of City-owned land as a HeliPad; and

3. Authorize the City Manager to execute the License Agreements. ..end
Attachment:
707
Meeting Date: August 19, 2025 Agenda Item: 11L.

CITY OF SAN CLEMENTE 4

1. Resolution No. 25-127

2. 30-Day License Agreement

3. Two-Year License Agreement
Notification:

Orange County Fire Authority
708
Attachment
1 RESOLUTION NO. 25-127

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING TWO

LICENSE AGREEMENTS WITH THE ORANGE COUNTY

FIRE AUTHORITY FOR USE OF CITY-OWNED LAND

LOCATED NEAR THE INTERSECTION OF AVENIDA LA
PATA AND AVENIDA VISTA HERMOSA (APN 678-163-01)

AS A TEMPORARY HELICOPTER LANDING ZONE FOR

EMERGENCY OPERATIONS AND FINDING THE ACTIONS
EXEMPT FROM THE California Environmental Quality Act
PURSUANT TO CEQA GUIDELINES SECTIONS 15301
(EXISTING FACILITIES), 15304(E) (MINOR ALTERATIONS
TO LAND) AND 15269 (EMERGENCY PROJECTS)
WHEREAS, pursuant to City Policy 901-1, the City delegates the authority to engage in negotiations with current and prospective licensees for City-owned property to the City Manager; and
WHEREAS, the City owns the unimproved portion of property near the intersection of Avenida La Pata and Avenida Vista Hermosa, Assessor’s Parcel Number 678-163-01; and
WHEREAS, the Orange County Fire Authority (OCFA) has requested temporary use of the property for helicopter landing purposes during emergencies, red flag weather events, and other fire risk scenarios; and
WHEREAS, the property’s location and condition make it uniquely suitable for use as a temporary helicopter landing pad to support timely emergency response; and WHEREAS, pursuant to Section 102(i)(2)(A) of the Final Updated Surplus Land Act (SLA) Guidelines, dated August 1, 2024, the licensing of the property pursuant to the proposed license agreements, does not constitute a disposition of public land, in that the License Agreements are for terms less than 15 years in total, the use of the property does not include development (as that term is defined in the SLA), and therefore the requirements of the SLA are not applicable; and
WHEREAS, City staff has reviewed the proposed license agreements and find both to be beneficial to the City and the public, in that the license agreements provide for significant public benefits in the improvement of response times for critical fire-fighting equipment and air support to the City and surrounding communities, and the license agreements includes standard terms for public agency use, including indemnification, insurance, and termination clauses.
709
Resolution No. 25-127 Page 2
NOW THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

SECTION 1. The above recitals are true and correct and incorporated herein fully by reference.

SECTION 2. CEQA Findings. Based on a review of the record as a whole, the following findings and determinations are made. The approval of the license agreements is exempt from the California Environmental Quality Act (CEQA) as it is not a “project” pursuant to CEQA Guidelines Section 15378 (14 CCR § 15378). The action of executing a license agreement, in and of itself, has no potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Minor modifications to the site, such as laying gravel, installing fencing, and placing a portable water storage container, will be evaluated though the appropriate environmental review process, as part of a separate submittal for site modifications to the property, prior to their installation.

The use of the site for temporary, emergency helicopter operations is categorically exempt from CEQA under §15301 (Class 1: Existing Facilities), in that the site is an existing, graded parcel with only minor and temporary site improvements proposed, §15304(e) (Class 4: Minor Alterations to Land), in that the project consists of the minor temporary use of land having negligible or no permanent effect on the environment, and statutorily exempt from CEQA under §15269 (Emergency Projects), in that the project consists of a short-term, specific action necessary to prevent or mitigate an emergency, in this case, the threat of wildfire during red flag warning days. There is no probability of a direct or foreseeably indirect significant impact on the environment.

SECTION 3. The two license agreements between the City of San Clemente and the Orange County Fire Authority for use of a portion of the parcel identified as APN 678- 163-01 as a temporary, emergency helicopter landing site, one for thirty days and one for two years are hereby approved.

SECTION 4. The City Manager, or the City Manager's designee, is hereby authorized and directed to execute the two license agreements with the Orange County Fire Authority in forms substantially similar to those presented to the City Council on August 19, 2025.

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

PASSED AND ADOPTED this ___ day of _____________________, ____. 710
Resolution No. 25-127 Page 3
ATTEST:

City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-127 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, 2025, 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 _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
711
Attachment 2

EMERGENCY HELIPAD LICENSE AGREEMENT
This EMERGENCY HELIPAD LICENSE AGREEMENT dated _________, 2025 (“Agreement”) is made by and between the Orange County Fire Authority, a California Joint Powers Authority, with a principal place of business at 1 Fire Authority, Irvine, CA 92602 (“Licensee”) and City of San Clemente, a California municipal corporation (“Licensor”) with respect to the following essential facts:

WHEREAS, Licensor owns the approximately 1-acre portion of vacant property located on the southwest corner of Avenida La Pata and Avenida Vista Hermosa, Assessor’s Parcel Number (APN) 678-163-01, directly adjacent to 48 Avenida La Pata, San Clemente, CA 92673 (“Property”); and WHEREAS, Licensee desires to acquire the right to use a portion of the Property and Licensor desires to grant to Licensee the exclusive right to use the Property for a temporary helicopter landing location with related improvements, including but not limited to installing a HeliPad, remote water dip station, fire hydrant with water line, fencing, and dust abatement improvements such as rock or gravel (collectively, "HeliPad"), all for the purposes of aiding Licensee and related agencies for stationing of helicopters during red flag warnings, and when responding to emergency incidents, including battling fires near the Property (the "Permitted Use"). Uses not included in the Permitted Use are prohibited.

NOW, THEREFORE, in exchange for the mutual covenants contained herein and other valuable consideration, the sufficiency of which is hereby acknowledged, the Licensor and Licensee (collectively, the “Parties” or individually a “Party”) agree as follows:

1. LICENSE
Licensor hereby grants to Licensee and Licensee accepts an exclusive non-transferable license to use the approximately 1-acre portion of the Property in the location indicated on the map attached hereto as Exhibit “1”, which is hereby incorporated fully by this reference, (the “Licensed Area”), for a HeliPad by Licensee, all for the purposes of aiding Licensee and related agencies to use the Licensed Area for the Permitted Use.

2. TERM
Unless sooner terminated or further renewed as provided herein, the term (“Term”) of this Agreement shall be for thirty (30) days, commencing September 1, 2025 and ending September 30, 2025.

This Agreement may be renewed on mutual written agreement of the Parties.

3. FEES
Licensor agrees that, in consideration of the value of fire-emergency response air support provided by Licensee through this license, no fees shall be due from Licensee with regard to this Agreement.

In addition, Licensee agrees to do and perform all other covenants and agreements contained in this Agreement.
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2 4. LICENSED AREA
The Licensed Area shall be furnished in an “AS IS” condition by Licensor.

Licensee shall, at its sole cost and expense, with prior written approval of the City, construct any improvements as may be necessary to enable the Licensee to use the Licensed Area for the purposes set forth herein.

5. USE AND OPERATING PROCEDURES
a. Licensee shall use the Licensed Area and operate the HeliPad during the Term hereof in compliance with all present and future rules and regulations imposed by any local, state or federal authority having jurisdiction with respect thereto. b. Licensee shall have at all times any licenses, permits and approvals necessary for the installation of any improvements and its operations in the Licensed Area. If required, Licensor shall reasonably cooperate with Licensee in securing licenses, permits and approvals. c. In the event that Licensee requires an electric power supply, Licensee, at its sole cost and expense, shall obtain such power supply.
d. Licensee, at its sole cost and expense, is responsible for providing any security that it requires for the Licensed Area. Licensor shall in no event be responsible for theft, loss or damage to persons or property resulting from Licensee use of the Licensed Area. e. Licensee hereby designates _________, its ________, telephone _________, email __________, as its contact for emergencies in relation to any issue that may arise related to the Licensed Area. Licensee shall update its emergency contact as needed.

6. HAZARDOUS MATERIALS
Licensee shall not under any circumstances store or bring onto the Property any Hazardous Materials.

As used in this Agreement, the term “Hazardous Material” means any substance, material or waste which is (1) defined as a “hazardous waste,” “hazardous material,” hazardous substance,” “extremely hazardous waste,” or “restricted hazardous waste” under any provision of California law; (2) petroleum or petroleum products; (3) asbestos; (4) polychlorinated biphenyls; (5) radioactive materials; (6) designated as a “hazardous substance” pursuant to Section 311 of the Clean Water Act, 33 U.S.C. section 1251 et seq. (33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. §1317); (7) defined as a “hazardous substance: pursuant to the Resource Conversation and Recover Act, 42 U.S.C. section 6901 et seq. (42 U.S.C. §6903) or its implementing regulations; (8) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. section 9601 et seq. (42 U.S.C. §9601); or (9) determined by California, federal or local governmental authority to be capable of posing a risk of injury to health, safety or property.
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3 7. MAINTENANCE OF PROPERTY
a. Licensee, at its sole cost and expense, shall be responsible for the maintenance of the HeliPad within the Licensed Area. Licensee shall, at all times, keep the Licensed Area in a clean and safe condition. Licensee shall use best management practices to reduce the occurrence of any nuisance, interference with, or disturbance to, any other licensee, tenant, or permitted occupant of the Property, or occupants of adjacent areas of APN 678-163-01, or members of the public within the public right-of-way immediately adjacent to the Property. Licensor, at its sole cost, shall maintain the Licensed Area in good repair to permit Licensee to use the Licensed Area as intended by the Parties as embodied in this Agreement.
b. At the expiration or earlier termination of this Agreement, Licensee shall abandon the use of the Licensed Area and remove the HeliPad and any improvements made by Licensee at Licensee’s sole cost and expense in accordance with the terms of this Agreement. Any and all such removal shall be performed without creating any interference, damage or destruction to any other equipment, landscaping, structures or operations at the Property, ordinary wear and tear excepted. If Licensee fails to remove HeliPad and related improvements within thirty (30) days following expiration or earlier termination of this Agreement, Licensor may remove the same at Licensee’s expense. Licensor, at its sole option, may elect in writing to have any improvements installed by Licensee be abandoned in place; in which case, such improvements shall remain and shall become the property of Licensor upon termination or expiration of this Agreement. Any and all damage caused to the Property or equipment, sidewalks, gutters, landscaping or structures thereon that are not owned by the Licensee shall be promptly repaired or eliminated by Licensee.

In the event Licensee fails to make such repairs within forty-five (45) days, upon written notice to Licensee, Licensor may perform all the necessary repairs at Licensee’s sole cost and expense and such sum shall be immediately due upon the rendering of an invoice as a fee in addition to any other fee set forth herein. No termination hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions, or events happening prior to the date the HeliPad Improvements and Licensee's other property (if any) are removed and the Licensed Area and the Licensed Area is restored as above provided.

8. LICENSEE’S INDEMNITY
Licensee hereby agrees to indemnify, defend (with counsel acceptable to Licensor) and hold Licensor and its officials, officers, agents, contractors, subcontractors, representatives, employees and volunteers (collectively, the “Indemnitees”) harmless from and against any and all claims, liabilities, damages, fines, penalties, proceedings, expenses and costs of whatsoever nature (including attorney fees), whether by reason of death of or injury to any person or loss of or damage to any property or otherwise, arising out of, related to or in any way connected with: (a) this Agreement, including without limitation, validity of this Agreement, any action to modify, set aside or revoke the Agreement, the use or the rights hereunder, or any challenge to any environmental decision in connection with this Agreement; (b) any action or omission of Licensee at the Property; or (c) any action or omission of Licensee under this Agreement, or any act or failure to act by Licensee, its agents, licensees, subcontractors, servants, employees, representatives or invitees under this Agreement, including, without limitation, the use and maintenance of the Licensed Area or 714
4 installation or maintenance of the HeliPad or any improvements, or the operating of helicopters on or above the Licensed Area, which will be the sole responsibility of and handled by Licensee and/or any insurance policies maintained Licensee (including, without limitation, worker’s compensation policies maintained or required to be maintained by Licensee). Licensee shall not settle any claim against any Indemnitee until receiving the prior written consent of Licensor, which consent shall not be unreasonably withheld or delayed.

9. LIENS
a. No Liens Due to Licensee’s Activities. Licensee shall not permit to be placed against the Property, or any part thereof, any design professionals’, mechanics’, materialmen’s, contractors’ or subcontractors’ liens due to Licensee’s construction activities thereon or use thereof. Licensee shall indemnify, defend (with counsel acceptable to Licensor) and hold the Licensor harmless from all liability for any and all liens, claims and demands, together with the costs of defense and reasonable attorneys’ fees, related to same.
b. Failure to Defend. In addition to, and not in limitation of, the Licensor’s other rights and remedies under this Agreement, should Licensee fail either to discharge any lien or claim related to Licensee’s construction activities on, or use of, the Property or to bond for any lien or claim to the reasonable satisfaction of the Licensor, or to indemnify, hold harmless and defend the Licensor from and against any loss, damage, injury, liability or claim arising out of Licensee use of the Property, then the Licensor, at its option, may elect to pay any lien, claim, loss, demand, injury, liability or damages, or settle or discharge any action or satisfy any judgment and all costs, expenses and attorneys’ fees incurred in doing so shall be paid to the Licensor by Licensee upon written demand within ten (10) days, together with interest thereon at the rate of ten percent (10%) per annum from the date incurred or paid through and including the date of payment by Licensee.

10. OWNERSHIP OF THE HELICOPTERS
Ownership of the helicopters shall at all times be and remain vested in Licensee. The helicopters shall not under any circumstances constitute, be or be deemed to be fixtures annexed to Licensor’s real property and the Vehicles shall at all times be and remain free and clear of any claims, liens, or encumbrances created by Licensor.

11. LICENSOR’S RIGHT TO ENTER OR GRANT ENTRY
Licensor shall have the right, without liability to Licensee, to allow a duly authorized officer or agent of a federal, state or local governmental agency, admittance to the Licensed Area at any time and from time-to-time, as needed or requested by such agency. It is specifically understood that such agency need not obtain a search warrant or provide a subpoena.

12. LICENSEE’S PROPERTY; RISK OF LOSS
All property belonging to Licensee, its employees, agents, invitees, contractors, subcontractors, or representatives or any occupant of the Licensed Area, shall be there at the risk of Licensee or such other person only, and Licensor shall not be liable for damage thereto for theft or misappropriation 715
5 thereof; further, and without limiting the indemnity obligations elsewhere in this Agreement, Licensee shall indemnify, defend (with counsel acceptable to Licensor) and hold harmless the Indemnitees from and against any claims, causes of action, losses, damages, costs (including attorney fees) and expenses arising from theft or misappropriation of the property belonging to the aforementioned.

Nothing herein to the contrary shall require Licensee to indemnify or hold harmless Licensor for the acts or omissions of Indemnitees.

13. TERMINATION
a. Licensee may terminate this Agreement at any time upon prior written notice to Licensor. b. This Agreement shall be subject to termination by Licensor upon the occurrence of any of the following events:
i. If Licensee shall violate or breach any of the terms, conditions or covenants hereof and shall not remedy such violation or breach within five (5) days after written notice by Licensor to Licensee of such violation or breach;
ii. If Licensee’s operation and use of the Licensed Area shall at any time violate or fail to conform to covenants, conditions, standards or practices established herein or as may be modified or supplemented by Licensor from time-to-time in writing to Licensee, and such noncompliance is not cured within five (5) days after written notice by Licensor to Licensee of such noncompliance. Provided that if the nature of such noncompliance is curable but that the same cannot with due diligence be cured within five (5) days, Licensee shall not be deemed to be subject to termination, if it shall within such five (5) day period commence to cure and thereafter diligently prosecutes the same to completion; iii. If any statute, ordinance, rule or regulation hereafter promulgated by any legislative body or agency having jurisdiction shall prohibit the operation of the Licensed Area by Licensee as provided for herein;
iv. In the event that: (i) the Property should be sold; (ii) Licensor should assign its rights to a third party, or (iii) Licensor proposes, or is required for any reason, to renovate or construct improvements on a portion of the Licensed Area, then Licensor shall have the right, upon not less than thirty (30) days’ prior written notice to Licensee, to terminate this Agreement; v. If the Licensed Area is damaged by fire, explosion, casualty or other similar occurrence to the extent that it substantially and adversely affects the effective use of the Licensed Area and the Licensed Area is no longer reasonably effective for use as contemplated by this Agreement, then within sixty (60) days after the event causing the damage, Licensor must notify Licensee whether or not it elects to repair or rebuild the Licensed Area. If Licensor elects to repair or rebuild the Licensed Area, it shall proceed diligently toward that end and this Agreement will continue in effect. If Licensor elects not to repair or rebuild, this Agreement will terminate on the day Licensor gives notice to that effect. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction, and Licensee shall be entitled to the reimbursement of any Fees prepaid by Licensee. If 716
6 Licensor elects to continue this Agreement, then all Fees shall abate until the Licensed Area is restored to the condition existing immediately prior to such damage or destruction.

Notwithstanding the foregoing, if the event producing the damage is caused by Licensee’s negligent act or omission, or the negligent act or omission of Licensee’s servants, employees, agents, visitors or invitees, the required repairs will be at Licensee’s expense; or,
vi. Upon the expiration of sixty (60) days following written notice by Licensor to Licensee at any time and without cause.
c. Effect of Termination/Expiration. Termination and expiration of this Agreement shall in no way prejudice any of the rights and remedies available to Licensor at law or in equity, and the Licensee acknowledge and agree that all of the obligations and responsibilities of Licensee under this Agreement shall continue and survive such termination or expiration.

14. HOLDING OVER
If Licensee, with Licensor’s consent, leaves any helicopter in the Licensed Area after expiration or earlier termination of this Agreement, or after the date in any notice given by Licensor to Licensee terminating this Agreement, such event shall be deemed to be a month-to-month holdover terminable on thirty (30) days’ notice given at any time by either Party. All provisions of this Agreement except those pertaining to the Term of this Agreement shall apply to the month-to-month holdover.

15. SUBLICENSING AND ASSIGNMENT
Licensee may not sublicense the Licensed Area or assign the Agreement or any rights and obligations hereunder without prior written consent of the Licensor, given or withheld in its sole and absolute discretion. The conditions, covenants and agreements in the Agreement to be kept and performed by the Parties hereto shall bind and inure to the benefit of their permitted successors and assigns.

In connection with any such transfer to which Licensor may consent, Licensee agrees to furnish Licensor with copies of all documents, and subsequent amendments thereto, executed in connection with such transfer. Any consent of Licensor to a sublicensing, assignment or transfer of control shall be deemed to be a consent to the initial sublicensing, assignment or transfer of control and shall not be deemed to be a consent to any further sublicensing, assignment or transfer of control.

Further, notwithstanding any permitted sublicensing or assignment, the Licensee hereunder shall at all times remain fully responsible and liable for compliance with all of Licensee’s obligations under the terms, provisions and covenants of this Agreement.

16. RELOCATION OF LICENSED AREA
Licensor hereby reserves the right on thirty (30) days’ notice to require Licensee to relocate all or a portion of the helicopters or HeliPad improvements at any time during the Term at Licensee’s expense.
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7 17. EMPLOYEES
Licensee acknowledges and agrees that Licensee is solely responsible and liable for the performance of all duties, obligations and responsibilities as an employer of individuals hired or retained by Licensee to install and maintain the HeliPad, maintain the Licensed Area or otherwise provide services at the Property. Licensee acknowledges that the Licensed Area is public property and acknowledges and agrees to comply with prevailing wage laws to the extent applicable.

18. NATURE OF LICENSE
The license granted hereby is an exclusive license for Licensee to use the Licensed Area solely as required to perform its obligations hereunder, revocable according to the terms hereof. In no event shall this Agreement be deemed or construed to run with the land or create or vest any easements or other rights in Licensor’s property. Licensee agrees that no permanent or possessory interest shall accrue to Licensee or its licensees in Licensor’s property at any time or by exercise of the permission given hereunder, and that Licensee shall not claim any such interest in Licensor’s property. This Agreement does not create any recordable interest and shall not be recorded in any official records.

19. INSURANCE
Licensee shall maintain in effect during the entire Term of this Agreement each of the following:
a. Comprehensive General Liability. Comprehensive General Liability Insurance which affords coverage including completed operations and contractual liability, with limits of liability of not less than $2,000,000 per occurrence and $5,000,000 annual aggregate for liability arising out of Licensee performance of this Agreement. The limits shall be provided by either a single primary policy or combination of policies. If limits are provided with umbrella coverage the limits combined with the primary will equal the minimum limits set forth above. If written with an aggregate, the aggregate shall be double the each occurrence limit. Such insurance shall be endorsed to:
i. Name the Licensor and its employees, representatives, officers and agents (collectively hereinafter “City and City Personnel”) as additional insured for claims arising out of Licensee’s performance of this Agreement; and
ii. Provide that the insurance is primary and non-contributing with any other valid and collectible insurance or self-insurance available to Licensor. b. Automobile Liability Insurance. Automobile Liability Insurance with a limit of liability of not less than $1,000,000 each occurrence and $2,000,000 annual aggregate. The limits shall be provided by either a single primary policy or combination of policies. If limits are provided with umbrella coverage the limits combined with the primary will equal the minimum limits set above. Such insurance shall include coverage for all “owned,” “hired” and “non-owned” vehicles, or coverage for “any auto.” Such insurance shall be endorsed to:
i. Name the City and City Personnel as additional insured for claims arising out of Licensee performance of this Agreement.
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8 ii. Provide that the insurance is primary and non-contributing with any other valid and collectible insurance or self-insurance available to Licensor. c. Aviation Liability Insurance. Aviation Liability Insurance covering liability for bodily injury (including death), passenger liability, property damage, products and completed operations with limits of not less than $10,000,000 per occurrence and $10,000,000 annual aggregate. Such insurance shall be endorsed to:
i. Name the Licensor and its employees, representatives, officers and agents (collectively hereinafter “City and City Personnel”) as additional insured for claims arising out of Licensee’s performance of this Agreement; and
ii. Provide that the insurance is primary and non-contributing with any other valid and collectible insurance or self-insurance available to Licensor. d. Workers’ Compensation Insurance. Workers’ Compensation Insurance in accordance with the Labor Code of California and covering all employees of the Licensee providing any service in the performance of this agreement. Such insurance shall be endorsed to:

Waive the insurer’s right of Subrogation against the City and City Personnel. e. Evidence of Insurance. The Licensee shall provide to Licensor a Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements at least fifteen (15) business days prior to the expiration of any policy. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to Licensor by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided. f. Valid Endorsements. A statement on an insurance certificate will not be accepted in lieu of the actual endorsement. Insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the Licensor for approval. g. Additional Insured Endorsements Additional Insured Endorsements shall not:
i. Be limited to “Ongoing Operations”;
ii. Exclude “Contractual Liability”;
iii. Restrict coverage to the “Sole” liability of Licensee; or iv. Contain any other exclusion contrary to the Agreement. h. Acceptability of Insurers. Each policy shall be from a company with current A.M.

Best’s rating of A VII or higher and authorized to do business in the State of California or approved in writing by the Licensor.
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9 20. NOTICES
All notices to be given under this Agreement must be in writing and sent to the address specified below. Notices are effective the earlier of: (i) one (1) business day after being sent by next day delivery service; (ii) three (3) business days after being sent by certified or registered mail; (iii) on receipt by personal delivery; or (iv) on receipt after being sent by email that is acknowledged by the other Party. Either Party may change its address for notices by giving notice to the other Party in this manner.
a. If to Licensor: City of San Clemente
910 Calle Negocio
San Clemente, California 92673
Attention: City Manager and City Clerk
b. If to Licensee: Orange County Fire Authority
1 Fire Authority Road
Irvine, CA 92602
Attention: [TITLE]

21. TAXES
Licensee shall pay all personal property taxes and assessments assessed against Licensee’s helicopters, improvements and other personal property tax on the Licensed Area. Licensee shall be fully responsible for the payment of any possessory interest taxes. Licensor shall be solely responsible for all real property taxes and assessments.

22. INDEPENDENT CONTRACTOR
In connection with this Agreement, each Party is an independent contractor and as such will not have any authority to bind or commit the other. Nothing herein shall be deemed or construed to create a joint venture, partnership or agency relationship between the Parties for any purpose.

23. DRAFTING AND PREPARATION
Each Party has cooperated and participated in the drafting and preparation of this Agreement.

Therefore, if any construction is to be made of this Agreement of any of its terms, both Parties shall be construed to be equally responsible for the drafting and preparation of same.

24. SEVERABILITY
It is agreed that if any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision of this Agreement and all such other provisions shall remain in full force and effect; and it is the intention of the Parties hereto that if any provision of the Agreement is capable of two (2) constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning that renders it valid.
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10 25. ENTIRE AGREEMENT
This Agreement contains the full and complete understanding of the Parties concerning the subjects contained herein and supersedes any and all prior written or oral agreements between the Parties and cannot be amended except in writing signed by both Parties.

26. MISCELLANEOUS
a. Both Parties to this Agreement shall comply with all applicable local, state and federal laws and regulations now or hereafter enacted or modified. This Agreement and shall not be modified, extended or terminated (other than as set forth, herein) except by an instrument duly signed by Licensor and Licensee. Waiver of a breach of any provisions hereof under any circumstances will not constitute a waiver of any subsequent breach of such provision, or of a breach of any other provision of this Agreement.
b. Governing Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a California state court in the County of Orange. Licensee hereby irrevocably consents to the personal jurisdiction of the state and federal courts in the County of Orange, waives any rights under California Code of Civil Procedure section 395, and waives any right to object to venue or jurisdiction in the state and federal courts in the County of Orange, including on the grounds of forum non conveniens.
c. Successors and/or Assigns. This Agreement shall be binding upon the Parties, and their permitted successors and assigns.
d. Further Acts. Licensor and Licensee agree to do any further acts and execute such additional documents as the other may reasonably require to confirm this Agreement and to carry out the purpose of this Agreement.
e. Titles and Subtitles. The titles and subtitles used in this Agreement are used for convenience only and are not considered in construing or interpreting this Agreement. f. Counterparts and Electronic Signatures. This Agreement may be executed electronically by DocuSign® and in any number of counterparts, each of which shall be enforceable against the parties actually executing such counterparts, and all of which together shall constitute one instrument. True facsimile, electronic or photocopies shall be binding to the same extent as an original signature page.
g. Authority. Each of the signatories below represents and warrants that he/she has the authority to enter into this Agreement and bind the Party such person is signing as the representative of and that no further actions or authorizations are required to enter into this Agreement, and that such signatory will indemnify the other Party for costs it incurs (including attorney fees) should such representation be inaccurate.
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11 IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed as of date first above written.

LICENSOR:

City of San Clemente
By: __________________________________
Andy Hall, City Manager Date
APPROVED AS TO FORM:

By: __________________________________
Elizabeth A. Mitchell, City Attorney Date
ATTEST:

By: __________________________________
Laura Campagnolo, City Clerk Date
LICENSEE:

Orange County Fire Authority, a California
Joint Powers Authority
By: _________________________________
[NAME, TITLE] Date
By: _________________________________
[NAME, TITLE] Date
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EXHIBIT “1”
to EMERGENCY HELIPAD LICENSE AGREEMENT

MAP OF LICENSED AREA
The Licensed Area
The Property
The Property
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Attachment 3

EMERGENCY HELIPAD LICENSE AGREEMENT
This EMERGENCY HELIPAD LICENSE AGREEMENT dated _________, 2025 (“Agreement”) is made by and between the Orange County Fire Authority, a California Joint Powers Authority, with a principal place of business at 1 Fire Authority, Irvine, CA 92602 (“Licensee”) and City of San Clemente, a California municipal corporation (“Licensor”) with respect to the following essential facts:

WHEREAS, Licensor owns the approximately 1-acre portion of vacant property located on the southwest corner of Avenida La Pata and Avenida Vista Hermosa, Assessor’s Parcel Number (APN) 678-163-01, directly adjacent to 48 Avenida La Pata, San Clemente, CA 92673 (“Property”); and WHEREAS, Licensee desires to acquire the right to use a portion of the Property and Licensor desires to grant to Licensee the exclusive right to use the Property for a temporary helicopter landing location with related improvements, including but not limited to installing a HeliPad, remote water dip station, fire hydrant with water line, fencing, and dust abatement improvements such as rock or gravel (collectively, "HeliPad"), all for the purposes of aiding Licensee and related agencies for stationing of helicopters during red flag warnings, and when responding to emergency incidents, including battling fires near the Property (the "Permitted Use"). Uses not included in the Permitted Use are prohibited.

NOW, THEREFORE, in exchange for the mutual covenants contained herein and other valuable consideration, the sufficiency of which is hereby acknowledged, the Licensor and Licensee (collectively, the “Parties” or individually a “Party”) agree as follows:

1. LICENSE
Licensor hereby grants to Licensee and Licensee accepts an exclusive non-transferable license to use the approximately 1-acre portion of the Property in the location indicated on the map attached hereto as Exhibit “1”, which is hereby incorporated fully by this reference, (the “Licensed Area”), for a HeliPad by Licensee, all for the purposes of aiding Licensee and related agencies to use the Licensed Area for the Permitted Use.

2. TERM
Unless sooner terminated or further renewed as provided herein, the term (“Term”) of this Agreement shall be for two (2) years, commencing October 1, 2025 and ending September 30, 2027.

This Agreement may be renewed on mutual written agreement of the Parties.

3. FEES
Licensor agrees that, in consideration of the value of fire-emergency response air support provided by Licensee through this license, no fees shall be due from Licensee with regard to this Agreement.

In addition, Licensee agrees to do and perform all other covenants and agreements contained in this Agreement.
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2 4. LICENSED AREA
The Licensed Area shall be furnished in an “AS IS” condition by Licensor.

Licensee shall, at its sole cost and expense, with prior written approval of the City, construct any improvements as may be necessary to enable the Licensee to use the Licensed Area for the purposes set forth herein.

5. USE AND OPERATING PROCEDURES
a. Licensee shall use the Licensed Area and operate the HeliPad during the Term hereof in compliance with all present and future rules and regulations imposed by any local, state or federal authority having jurisdiction with respect thereto. b. Licensee shall have at all times any licenses, permits and approvals necessary for the installation of any improvements and its operations in the Licensed Area. If required, Licensor shall reasonably cooperate with Licensee in securing licenses, permits and approvals. c. In the event that Licensee requires an electric power supply, Licensee, at its sole cost and expense, shall obtain such power supply.
d. Licensee, at its sole cost and expense, is responsible for providing any security that it requires for the Licensed Area. Licensor shall in no event be responsible for theft, loss or damage to persons or property resulting from Licensee use of the Licensed Area. e. Licensee hereby designates _________, its ________, telephone _________, email __________, as its contact for emergencies in relation to any issue that may arise related to the Licensed Area. Licensee shall update its emergency contact as needed.

6. HAZARDOUS MATERIALS
Licensee shall not under any circumstances store or bring onto the Property any Hazardous Materials.

As used in this Agreement, the term “Hazardous Material” means any substance, material or waste which is (1) defined as a “hazardous waste,” “hazardous material,” hazardous substance,” “extremely hazardous waste,” or “restricted hazardous waste” under any provision of California law; (2) petroleum or petroleum products; (3) asbestos; (4) polychlorinated biphenyls; (5) radioactive materials; (6) designated as a “hazardous substance” pursuant to Section 311 of the Clean Water Act, 33 U.S.C. section 1251 et seq. (33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. §1317); (7) defined as a “hazardous substance: pursuant to the Resource Conversation and Recover Act, 42 U.S.C. section 6901 et seq. (42 U.S.C. §6903) or its implementing regulations; (8) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. section 9601 et seq. (42 U.S.C. §9601); or (9) determined by California, federal or local governmental authority to be capable of posing a risk of injury to health, safety or property.
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3 7. MAINTENANCE OF PROPERTY
a. Licensee, at its sole cost and expense, shall be responsible for the maintenance of the HeliPad within the Licensed Area. Licensee shall, at all times, keep the Licensed Area in a clean and safe condition. Licensee shall use best management practices to reduce the occurrence of any nuisance, interference with, or disturbance to, any other licensee, tenant, or permitted occupant of the Property, or occupants of adjacent areas of APN 678-163-01, or members of the public within the public right-of-way immediately adjacent to the Property. Licensor, at its sole cost, shall maintain the Licensed Area in good repair to permit Licensee to use the Licensed Area as intended by the Parties as embodied in this Agreement.
b. At the expiration or earlier termination of this Agreement, Licensee shall abandon the use of the Licensed Area and remove the HeliPad and any improvements made by Licensee at Licensee’s sole cost and expense in accordance with the terms of this Agreement. Any and all such removal shall be performed without creating any interference, damage or destruction to any other equipment, landscaping, structures or operations at the Property, ordinary wear and tear excepted. If Licensee fails to remove HeliPad and related improvements within thirty (30) days following expiration or earlier termination of this Agreement, Licensor may remove the same at Licensee’s expense. Licensor, at its sole option, may elect in writing to have any improvements installed by Licensee be abandoned in place; in which case, such improvements shall remain and shall become the property of Licensor upon termination or expiration of this Agreement. Any and all damage caused to the Property or equipment, sidewalks, gutters, landscaping or structures thereon that are not owned by the Licensee shall be promptly repaired or eliminated by Licensee.

In the event Licensee fails to make such repairs within forty-five (45) days, upon written notice to Licensee, Licensor may perform all the necessary repairs at Licensee’s sole cost and expense and such sum shall be immediately due upon the rendering of an invoice as a fee in addition to any other fee set forth herein. No termination hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions, or events happening prior to the date the HeliPad Improvements and Licensee's other property (if any) are removed and the Licensed Area and the Licensed Area is restored as above provided.

8. LICENSEE’S INDEMNITY
Licensee hereby agrees to indemnify, defend (with counsel acceptable to Licensor) and hold Licensor and its officials, officers, agents, contractors, subcontractors, representatives, employees and volunteers (collectively, the “Indemnitees”) harmless from and against any and all claims, liabilities, damages, fines, penalties, proceedings, expenses and costs of whatsoever nature (including attorney fees), whether by reason of death of or injury to any person or loss of or damage to any property or otherwise, arising out of, related to or in any way connected with: (a) this Agreement, including without limitation, validity of this Agreement, any action to modify, set aside or revoke the Agreement, the use or the rights hereunder, or any challenge to any environmental decision in connection with this Agreement; (b) any action or omission of Licensee at the Property; or (c) any action or omission of Licensee under this Agreement, or any act or failure to act by Licensee, its agents, licensees, subcontractors, servants, employees, representatives or invitees under this Agreement, including, without limitation, the use and maintenance of the Licensed Area or 726
4 installation or maintenance of the HeliPad or any improvements, or the operating of helicopters on or above the Licensed Area, which will be the sole responsibility of and handled by Licensee and/or any insurance policies maintained Licensee (including, without limitation, worker’s compensation policies maintained or required to be maintained by Licensee). Licensee shall not settle any claim against any Indemnitee until receiving the prior written consent of Licensor, which consent shall not be unreasonably withheld or delayed.

9. LIENS
a. No Liens Due to Licensee’s Activities. Licensee shall not permit to be placed against the Property, or any part thereof, any design professionals’, mechanics’, materialmen’s, contractors’ or subcontractors’ liens due to Licensee’s construction activities thereon or use thereof. Licensee shall indemnify, defend (with counsel acceptable to Licensor) and hold the Licensor harmless from all liability for any and all liens, claims and demands, together with the costs of defense and reasonable attorneys’ fees, related to same.
b. Failure to Defend. In addition to, and not in limitation of, the Licensor’s other rights and remedies under this Agreement, should Licensee fail either to discharge any lien or claim related to Licensee’s construction activities on, or use of, the Property or to bond for any lien or claim to the reasonable satisfaction of the Licensor, or to indemnify, hold harmless and defend the Licensor from and against any loss, damage, injury, liability or claim arising out of Licensee use of the Property, then the Licensor, at its option, may elect to pay any lien, claim, loss, demand, injury, liability or damages, or settle or discharge any action or satisfy any judgment and all costs, expenses and attorneys’ fees incurred in doing so shall be paid to the Licensor by Licensee upon written demand within ten (10) days, together with interest thereon at the rate of ten percent (10%) per annum from the date incurred or paid through and including the date of payment by Licensee.

10. OWNERSHIP OF THE HELICOPTERS
Ownership of the helicopters shall at all times be and remain vested in Licensee. The helicopters shall not under any circumstances constitute, be or be deemed to be fixtures annexed to Licensor’s real property and the Vehicles shall at all times be and remain free and clear of any claims, liens, or encumbrances created by Licensor.

11. LICENSOR’S RIGHT TO ENTER OR GRANT ENTRY
Licensor shall have the right, without liability to Licensee, to allow a duly authorized officer or agent of a federal, state or local governmental agency, admittance to the Licensed Area at any time and from time-to-time, as needed or requested by such agency. It is specifically understood that such agency need not obtain a search warrant or provide a subpoena.

12. LICENSEE’S PROPERTY; RISK OF LOSS
All property belonging to Licensee, its employees, agents, invitees, contractors, subcontractors, or representatives or any occupant of the Licensed Area, shall be there at the risk of Licensee or such other person only, and Licensor shall not be liable for damage thereto for theft or misappropriation 727
5 thereof; further, and without limiting the indemnity obligations elsewhere in this Agreement, Licensee shall indemnify, defend (with counsel acceptable to Licensor) and hold harmless the Indemnitees from and against any claims, causes of action, losses, damages, costs (including attorney fees) and expenses arising from theft or misappropriation of the property belonging to the aforementioned.

Nothing herein to the contrary shall require Licensee to indemnify or hold harmless Licensor for the acts or omissions of Indemnitees.

13. TERMINATION
a. Licensee may terminate this Agreement at any time upon prior written notice to Licensor. b. This Agreement shall be subject to termination by Licensor upon the occurrence of any of the following events:
i. If Licensee shall violate or breach any of the terms, conditions or covenants hereof and shall not remedy such violation or breach within five (5) days after written notice by Licensor to Licensee of such violation or breach;
ii. If Licensee’s operation and use of the Licensed Area shall at any time violate or fail to conform to covenants, conditions, standards or practices established herein or as may be modified or supplemented by Licensor from time-to-time in writing to Licensee, and such noncompliance is not cured within five (5) days after written notice by Licensor to Licensee of such noncompliance. Provided that if the nature of such noncompliance is curable but that the same cannot with due diligence be cured within five (5) days, Licensee shall not be deemed to be subject to termination, if it shall within such five (5) day period commence to cure and thereafter diligently prosecutes the same to completion; iii. If any statute, ordinance, rule or regulation hereafter promulgated by any legislative body or agency having jurisdiction shall prohibit the operation of the Licensed Area by Licensee as provided for herein;
iv. In the event that: (i) the Property should be sold; (ii) Licensor should assign its rights to a third party, or (iii) Licensor proposes, or is required for any reason, to renovate or construct improvements on a portion of the Licensed Area, then Licensor shall have the right, upon not less than thirty (30) days’ prior written notice to Licensee, to terminate this Agreement; v. If the Licensed Area is damaged by fire, explosion, casualty or other similar occurrence to the extent that it substantially and adversely affects the effective use of the Licensed Area and the Licensed Area is no longer reasonably effective for use as contemplated by this Agreement, then within sixty (60) days after the event causing the damage, Licensor must notify Licensee whether or not it elects to repair or rebuild the Licensed Area. If Licensor elects to repair or rebuild the Licensed Area, it shall proceed diligently toward that end and this Agreement will continue in effect. If Licensor elects not to repair or rebuild, this Agreement will terminate on the day Licensor gives notice to that effect. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction, and Licensee shall be entitled to the reimbursement of any Fees prepaid by Licensee. If 728
6 Licensor elects to continue this Agreement, then all Fees shall abate until the Licensed Area is restored to the condition existing immediately prior to such damage or destruction.

Notwithstanding the foregoing, if the event producing the damage is caused by Licensee’s negligent act or omission, or the negligent act or omission of Licensee’s servants, employees, agents, visitors or invitees, the required repairs will be at Licensee’s expense; or,
vi. Upon the expiration of sixty (60) days following written notice by Licensor to Licensee at any time and without cause.
c. Effect of Termination/Expiration. Termination and expiration of this Agreement shall in no way prejudice any of the rights and remedies available to Licensor at law or in equity, and the Licensee acknowledge and agree that all of the obligations and responsibilities of Licensee under this Agreement shall continue and survive such termination or expiration.

14. HOLDING OVER
If Licensee, with Licensor’s consent, leaves any helicopter in the Licensed Area after expiration or earlier termination of this Agreement, or after the date in any notice given by Licensor to Licensee terminating this Agreement, such event shall be deemed to be a month-to-month holdover terminable on thirty (30) days’ notice given at any time by either Party. All provisions of this Agreement except those pertaining to the Term of this Agreement shall apply to the month-to-month holdover.

15. SUBLICENSING AND ASSIGNMENT
Licensee may not sublicense the Licensed Area or assign the Agreement or any rights and obligations hereunder without prior written consent of the Licensor, given or withheld in its sole and absolute discretion. The conditions, covenants and agreements in the Agreement to be kept and performed by the Parties hereto shall bind and inure to the benefit of their permitted successors and assigns.

In connection with any such transfer to which Licensor may consent, Licensee agrees to furnish Licensor with copies of all documents, and subsequent amendments thereto, executed in connection with such transfer. Any consent of Licensor to a sublicensing, assignment or transfer of control shall be deemed to be a consent to the initial sublicensing, assignment or transfer of control and shall not be deemed to be a consent to any further sublicensing, assignment or transfer of control.

Further, notwithstanding any permitted sublicensing or assignment, the Licensee hereunder shall at all times remain fully responsible and liable for compliance with all of Licensee’s obligations under the terms, provisions and covenants of this Agreement.

16. RELOCATION OF LICENSED AREA
Licensor hereby reserves the right on thirty (30) days’ notice to require Licensee to relocate all or a portion of the helicopters or HeliPad improvements at any time during the Term at Licensee’s expense.
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7 17. EMPLOYEES
Licensee acknowledges and agrees that Licensee is solely responsible and liable for the performance of all duties, obligations and responsibilities as an employer of individuals hired or retained by Licensee to install and maintain the HeliPad, maintain the Licensed Area or otherwise provide services at the Property. Licensee acknowledges that the Licensed Area is public property and acknowledges and agrees to comply with prevailing wage laws to the extent applicable.

18. NATURE OF LICENSE
The license granted hereby is an exclusive license for Licensee to use the Licensed Area solely as required to perform its obligations hereunder, revocable according to the terms hereof. In no event shall this Agreement be deemed or construed to run with the land or create or vest any easements or other rights in Licensor’s property. Licensee agrees that no permanent or possessory interest shall accrue to Licensee or its licensees in Licensor’s property at any time or by exercise of the permission given hereunder, and that Licensee shall not claim any such interest in Licensor’s property. This Agreement does not create any recordable interest and shall not be recorded in any official records.

19. INSURANCE
Licensee shall maintain in effect during the entire Term of this Agreement each of the following:
a. Comprehensive General Liability. Comprehensive General Liability Insurance which affords coverage including completed operations and contractual liability, with limits of liability of not less than $2,000,000 per occurrence and $5,000,000 annual aggregate for liability arising out of Licensee performance of this Agreement. The limits shall be provided by either a single primary policy or combination of policies. If limits are provided with umbrella coverage the limits combined with the primary will equal the minimum limits set forth above. If written with an aggregate, the aggregate shall be double the each occurrence limit. Such insurance shall be endorsed to:
i. Name the Licensor and its employees, representatives, officers and agents (collectively hereinafter “City and City Personnel”) as additional insured for claims arising out of Licensee’s performance of this Agreement; and
ii. Provide that the insurance is primary and non-contributing with any other valid and collectible insurance or self-insurance available to Licensor. b. Automobile Liability Insurance. Automobile Liability Insurance with a limit of liability of not less than $1,000,000 each occurrence and $2,000,000 annual aggregate. The limits shall be provided by either a single primary policy or combination of policies. If limits are provided with umbrella coverage the limits combined with the primary will equal the minimum limits set above. Such insurance shall include coverage for all “owned,” “hired” and “non-owned” vehicles, or coverage for “any auto.” Such insurance shall be endorsed to:
i. Name the City and City Personnel as additional insured for claims arising out of Licensee performance of this Agreement.
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8 ii. Provide that the insurance is primary and non-contributing with any other valid and collectible insurance or self-insurance available to Licensor. c. Aviation Liability Insurance. Aviation Liability Insurance covering liability for bodily injury (including death), passenger liability, property damage, products and completed operations with limits of not less than $10,000,000 per occurrence and $10,000,000 annual aggregate. Such insurance shall be endorsed to:
i. Name the Licensor and its employees, representatives, officers and agents (collectively hereinafter “City and City Personnel”) as additional insured for claims arising out of Licensee’s performance of this Agreement; and
ii. Provide that the insurance is primary and non-contributing with any other valid and collectible insurance or self-insurance available to Licensor. d. Workers’ Compensation Insurance. Workers’ Compensation Insurance in accordance with the Labor Code of California and covering all employees of the Licensee providing any service in the performance of this agreement. Such insurance shall be endorsed to:

Waive the insurer’s right of Subrogation against the City and City Personnel. e. Evidence of Insurance. The Licensee shall provide to Licensor a Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements at least fifteen (15) business days prior to the expiration of any policy. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to Licensor by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided. f. Valid Endorsements. A statement on an insurance certificate will not be accepted in lieu of the actual endorsement. Insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the Licensor for approval. g. Additional Insured Endorsements Additional Insured Endorsements shall not:
i. Be limited to “Ongoing Operations”;
ii. Exclude “Contractual Liability”;
iii. Restrict coverage to the “Sole” liability of Licensee; or iv. Contain any other exclusion contrary to the Agreement. h. Acceptability of Insurers. Each policy shall be from a company with current A.M.

Best’s rating of A VII or higher and authorized to do business in the State of California or approved in writing by the Licensor.
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9 20. NOTICES
All notices to be given under this Agreement must be in writing and sent to the address specified below. Notices are effective the earlier of: (i) one (1) business day after being sent by next day delivery service; (ii) three (3) business days after being sent by certified or registered mail; (iii) on receipt by personal delivery; or (iv) on receipt after being sent by email that is acknowledged by the other Party. Either Party may change its address for notices by giving notice to the other Party in this manner.
a. If to Licensor: City of San Clemente
910 Calle Negocio
San Clemente, California 92673
Attention: City Manager and City Clerk
b. If to Licensee: Orange County Fire Authority
1 Fire Authority Road
Irvine, CA 92602
Attention: [TITLE]

21. TAXES
Licensee shall pay all personal property taxes and assessments assessed against Licensee’s helicopters, improvements and other personal property tax on the Licensed Area. Licensee shall be fully responsible for the payment of any possessory interest taxes. Licensor shall be solely responsible for all real property taxes and assessments.

22. INDEPENDENT CONTRACTOR
In connection with this Agreement, each Party is an independent contractor and as such will not have any authority to bind or commit the other. Nothing herein shall be deemed or construed to create a joint venture, partnership or agency relationship between the Parties for any purpose.

23. DRAFTING AND PREPARATION
Each Party has cooperated and participated in the drafting and preparation of this Agreement.

Therefore, if any construction is to be made of this Agreement of any of its terms, both Parties shall be construed to be equally responsible for the drafting and preparation of same.

24. SEVERABILITY
It is agreed that if any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision of this Agreement and all such other provisions shall remain in full force and effect; and it is the intention of the Parties hereto that if any provision of the Agreement is capable of two (2) constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning that renders it valid.
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10 25. ENTIRE AGREEMENT
This Agreement contains the full and complete understanding of the Parties concerning the subjects contained herein and supersedes any and all prior written or oral agreements between the Parties and cannot be amended except in writing signed by both Parties.

26. MISCELLANEOUS
a. Both Parties to this Agreement shall comply with all applicable local, state and federal laws and regulations now or hereafter enacted or modified. This Agreement and shall not be modified, extended or terminated (other than as set forth, herein) except by an instrument duly signed by Licensor and Licensee. Waiver of a breach of any provisions hereof under any circumstances will not constitute a waiver of any subsequent breach of such provision, or of a breach of any other provision of this Agreement.
b. Governing Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a California state court in the County of Orange. Licensee hereby irrevocably consents to the personal jurisdiction of the state and federal courts in the County of Orange, waives any rights under California Code of Civil Procedure section 395, and waives any right to object to venue or jurisdiction in the state and federal courts in the County of Orange, including on the grounds of forum non conveniens.
c. Successors and/or Assigns. This Agreement shall be binding upon the Parties, and their permitted successors and assigns.
d. Further Acts. Licensor and Licensee agree to do any further acts and execute such additional documents as the other may reasonably require to confirm this Agreement and to carry out the purpose of this Agreement.
e. Titles and Subtitles. The titles and subtitles used in this Agreement are used for convenience only and are not considered in construing or interpreting this Agreement. f. Counterparts and Electronic Signatures. This Agreement may be executed electronically by DocuSign® and in any number of counterparts, each of which shall be enforceable against the parties actually executing such counterparts, and all of which together shall constitute one instrument. True facsimile, electronic or photocopies shall be binding to the same extent as an original signature page.
g. Authority. Each of the signatories below represents and warrants that he/she has the authority to enter into this Agreement and bind the Party such person is signing as the representative of and that no further actions or authorizations are required to enter into this Agreement, and that such signatory will indemnify the other Party for costs it incurs (including attorney fees) should such representation be inaccurate.
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11 IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed as of date first above written.

LICENSOR:

City of San Clemente
By: __________________________________
Andy Hall, City Manager Date
APPROVED AS TO FORM:

By: __________________________________
Elizabeth A. Mitchell, City Attorney Date
ATTEST:

By: __________________________________
Laura Campagnolo, City Clerk Date
LICENSEE:

Orange County Fire Authority, a California
Joint Powers Authority
By: _________________________________
[NAME, TITLE] Date
By: _________________________________
[NAME, TITLE] Date
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EXHIBIT “1”
to EMERGENCY HELIPAD LICENSE AGREEMENT

MAP OF LICENSED AREA
The Licensed Area
The Property
The Property
735
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: August 19, 2025 Agenda Item: 11M.

Submitted By: Finance and Administrative Services
Prepared By: Charlie Smith, City Treasurer
Brian Brower, Chief Administrative Officer
Subject:
..titl e
S..body ECTION 115 TRUST POLICY REVISION
Fiscal Impact:

No fiscal impact.

Summary:

At the June 17, 2025 City Council Meeting, the City Council adopted the Section 115 Pension Investment Policy dedicated to prefunding employer contributions to the City’s defined benefit pension systems.

On July 28, 2025, the Investment Advisory Committee met for their scheduled quarterly meeting and voted to recommend changes to the adopted Section 115 Pension Investment Policy in order to further refine policy elements, including roles, responsibilities, and objectives, and to better align with the Tactical Management investment strategy. All proposed changes are reflected in the attached markup version.

Background:

The City participates in two defined benefit retirement benefits; the City of San Clemente Employee Retirement Plan (CSCERP) and California Public Employees’ Retirement System (CalPERS). CSCERP is a legacy pension plan that currently has nonactive employees, primarily those who separated from the City prior to the 2014 transition to CalPERS. The City has three pension plans with CalPERS. For employees hired prior to January 1, 2013, the City participates in a 2% at 55 Pool, and for new CalPERS employees hired after December 31, 2012, the City participates in a 2% at 62 Pool. The chart lists the City’s pension plans, plan administrators, participation groups and benefit levels.

Plan Plan Administration Participants Benefit
Marine Safety CalPERS Lifeguards (Full-Time) 3% @ 55 (Classic)

2.7% @ 57 (PEPRA)
Safety (Inactive) CalPERS Former police and fire
employees
2% @ 50 (Classic)

2.7% @ 57 (PEPRA)
Miscellaneous CalPERS General Employees
(non-safety)
2% @ 55 (Classic)
2% @ 62 (PEPRA)
City of San Clemente
Employee Retirement Plan
(CSCERP)
Milliman/Empower Former City employees
and Coastal Animal
Services employees
2% @ 55 (Classic)
2% @ 62 (PEPRA)
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Meeting Date: August 19, 2025 Agenda Item: 11M.

CITY OF SAN CLEMENTE 2
It is the objective of these defined benefit pension plans to fund long-term benefits for participants. CalPERS uses actuarial assumptions to estimate future pension costs and ensure long term financial sustainability. These assumptions include various economic and demographic factors that impact funding requirements, which can vary significantly from year to year. A Section 115 Pension Trust Fund can be used as a financial cushion against fluctuations in required CalPERS employer contribution rates. Additionally, it can aid in managing cost increases while reducing reliance on the City’s budget during economic downturns.

The proposed Section 115 Pension Investment Policy outlines a plan to fund current and future pension costs, manage the City of San Clemente’s Section 115 Pension Trust Fund, and set investment goals to ensure financial stability.

Council Options:
 Adopt revised Section 115 Pension Investment Policy, 202-3, with an effective date of August 19, 2025.
 Adopt Section 115 Pension Investment Policy, with modifications.  Continue the item with direction given to staff.
 Decline to adopt the revisions to the Section 115 Pension Investment Policy.

Environmental Review/Analysis:

Not a “project” as defined under the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation
..recommendation
The Investment Advisory Committee and staff recommend that the City Council adopt the revised Section 115 Pension Investment Policy Number 202-3 with the modifications recommended by the Investment Advisory Committee at the IAC meeting on July 28, 2025, with an effective date of August 19, 2025.
..end
Attachment:

1. Revised Section 115 Pension Investment Policy (Redline) Notification:

None.
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