Agenda packet — Brea City Council, January 16, 2024 (part 1 of 2)

City Council and Successor Agency
to the Brea Redevelopment
Agency Agenda
Closed Session - 6:00 p.m.

Study Session - 6:20 p.m.

General Session - 7:00 p.m.

Tuesday, January 16, 2024, 7:00 PM

COUNCIL CHAMBERS
1 Civic Center Circle
Brea, California 92821
** Revised **
Christine Marick, Mayor Blair Stewart, Mayor Pro Tem Cecilia Hupp, Council Member Marty Simonoff, Council Member Steven Vargas, Council Member This agenda contains a brief general description of each item Council will consider. The City Clerk has on file copies of written documentation relating to each item of business on this Agenda available for public inspection. Contact the City Clerk’s Office at (714) 990-7756 or view the Agenda and related materials on the City’s website at www.cityofbrea.net. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 1 Civic Center Circle, Brea, CA during normal business hours. Such documents may also be available on the City’s website subject to staff’s ability to post documents before the meeting.

Procedures for Addressing the Council
The Council encourages interested people to address this legislative body by making a brief presentation on a public hearing item when the Mayor calls the item or address other items under Matters from the Audience. State law generally prohibits the City Council from responding to or acting upon matters not listed on this agenda.

The Council encourages free expression of all points of view. To allow all persons the opportunity to speak, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. Council rules prohibit clapping, booing or shouts of approval or disagreement from the audience. Please silence all cell phones and other electronic equipment while the Council is in session. Thank you.

Written comments may be submitted in advance of the meeting by emailing [email protected]. Written comments received by 3 p.m. on the day of the meeting will be provided to the Council, will be made available to the public at the meeting, and will be included in the official record of the meeting.

Special Accommodations
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (714) 990-7757. Notification 48 hours prior to the meeting will enable City staff to make reasonable arrangements to ensure accessibility. (28 CFR 35.102.35.104 ADA Title II) Imporant Notice
The City of Brea shows both live broadcasts and replays of City Council Meetings on Brea Cable Channel 3 and over the Internet at www.cityofbrea.net. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice as previously described.
1: CLOSED SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 6:00 P.M. 1A. CALL TO ORDER/ROLL CALL
1B. PUBLIC COMMENT
1C. Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(2) - Anticipated Litigation.

Significant Exposure to Litigation: 1 potential case. Facts and Circumstances: Shenkman & Hughes, PC California Voting Rights Act Claim
2: STUDY SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 6:20 P.M. 2A. CALL TO ORDER/ROLL CALL
2B. PUBLIC COMMENT
2C. CLARIFY REGULAR MEETING TOPICS
2D. Discussion Item - Southern California Association of Governments Annual Conference Delegate and Alternate 2E. Mayor Appointments
2F. Affordable Housing Tenant Recertification Process Discussion 2G. COUNCIL MEMBER REPORT/REQUESTS
3: GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M. 3A. CALL TO ORDER/ROLL CALL
3B. PLEDGE OF ALLEGIANCE: Boy Scout Troop 707
3C. INVOCATION: Pastor Dan Crane, Formation Church
3D. PRESENTATION: Visiting Students from Brea Sister City - Anseong, Korea 3E. PRESENTATION: Orange County Mosquito and Vector Control District Awareness Campaign Recognition 3F. PRESENTATION: Cal Cities (League of California Cities) 3G. PRESENTATION: Business of the Quarter
3H. REPORT- PRIOR STUDY SESSION
3I. COMMUNITY ANNOUNCEMENTS
3J. MATTERS FROM THE AUDIENCE
3K. RESPONSE TO PUBLIC INQUIRIES
4: PUBLIC HEARING
4A. Adoption of a resolution approving the City’s Fiscal Year 2024-25 Grant Application to the County of Orange for the Community Development Block Grant Program (CDBG)
— 1. Adopt Resolution No. 2024-001 approving the Public Facilities & Improvements application for participation in the Community Development Block Grant Program (CDBG) through the County of Orange for Fiscal Year 2024-25.
5: ADMINISTRATIVE ITEMS
This agenda category is for City Council consideration of a wide variety of topics related to the City's operations. Public comments regarding items in this section should be presented during "Matters from the Audience." 5A. Waive Full Reading and Introduce Ordinance No. 1239, Prohibiting Large Truck Use of Carbon Canyon Road (State Route 142) and Approve CEQA Exemption Determination
— 1. Waive full reading and introduce Ordinance No. 1239, an Ordinance of the City Council of the City of Brea prohibiting large truck use of Carbon Canyon Road (State Road 142); and — 2. Approve a California Environmental Quality Act (CEQA) exemption determination. 5B. Presentation and Adoption of Cultural Arts Master Plan — 1. Receive and file
6: CONSENT CALENDAR
The City Council/Successor Agency approves all Consent Calendar matters with one motion unless Council/Agency or Staff requests further discussion of a particular item. Items of concern regarding Consent Calendar matters should be presented during “Matters from the Audience."
6A. December 19, 2023 City Council Regular Meeting Minutes — 1. Approve
6B. Adopt Resolutions Authorizing the Director of Public Works to Prepare and File Reports Relating to Annual Maintenance Assessment in Landscape and Lighting Maintenance Districts 1 through 7 — 1. Adopt Resolution Nos. 2024-002 - 2024-008 Authorizing the Director of Public Works to Prepare and File Reports Relating to Annual Maintenance Assessment in Landscape and Lighting Maintenance Districts 1 through

7. 6C. Professional Services Agreements for As-Needed Citywide Document Scanning Services — 1. Approve Professional Services Agreements between the City of Brea and Complete Paperless Solutions and Raycom Data Technologies for as-needed Citywide Document Scanning Services in the amount not-to-exceed $300,000 per agreement, plus up to a 10% contingency. Collectively, both agreements will not exceed the $419,124 allocated for the project; and
— 2. Authorize the City Manager to approve contingency work for required changes within the above not-toexceed total. Funding for the project was appropriated as part of the FY 2023-25 biennial Operating Budget and is funded from the City’s General Fund (110) as well as the City’s Capital Improvement Fund (510) for GIS Record Document Conversion.
6D. Upcoming City Council Topics January – June 2024
— 1. Receive and file report of the Upcoming City Council Topics for January – June 2024 6E. Approval of Memorandum of Understanding Between the City of Brea and the Brea Fire Management Association — 1. Adopt Resolution No. 2024-009 approving Memorandum of Understanding (MOU) with the Brea Fire Management Association (BFMA)
6F. Adoption of new job descriptions and salary tabled for the positions of Information Technology Supervisor, Police Records and Property & Evidence Supervisor and Combination Inspector, amend the position allocation list for FY 2023/24 to reflect the changes, and place the classifications in the appropriate bargaining units for representation purposes
— 1. Approve Resolution No. 2024-010: 1) adopting job descriptions and salary tables for the positions of Information Technology Supervisor, Police Records and Property & Evidence Supervisor, and Combination Inspector; 2) placing the classifications in the Administrative and Professional Employees’ Association (APEA) and the Brea City Employees’ Association (BCEA) bargaining units respectively for representation purposes; and 3) amending the Position Allocation List to include these positions in the appropriate Department and/or Division.
6G. Accept a $77,000 Office of Traffic Safety Selective Traffic Enforcement Program Grant Award for Traffic Safety Operations
— 1. Accept a $77,000 Office of Traffic Safety Selective Traffic Enforcement Program Grant Award for Traffic Safety Operations
6H. December 15 & 22, 2023 and January 5, 2024 City Disbursement Registers — 1. Receive and file
7: CITY/SUCCESSOR AGENCY - CONSENT
7A. December 15, 2023 Successor Agency Disbursement Register — 1. Receive and file
8: ADMINISTRATIVE ANNOUNCEMENTS
8A. City Manager
8B. City Attorney
8C. Council Requests
9: COUNCIL ANNOUNCEMENTS
9A. Council Announcements
10: ADJOURNMENT
10A. Meeting Adjourment
Date Posted: January 12, 2024
City of Brea
City Council Regular Meeting Communication
Adoption of a resolution approving the City’s Fiscal Year 2024-25 Grant Application to the County of Orange for the Community Development Block Grant Program (CDBG) Meeting
Tuesday, January 16, 2024, 7:00 PM
Agenda Group
PUBLIC HEARING Item: 4A
TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager

RECOMMENDATION
That the City Council adopt the Resolution approving the Public Facilities & Improvements application for participation in the Community Development Block Grant Program (CDBG) through the County of Orange for Fiscal Year 2024-25.

BACKGROUND/DISCUSSION
The Federal Housing and Community Development Block Grant Program (CDBG) was established under legislation passed by Congress in 1974 to provide housing and other assistance for low-income persons. It is funded by the Federal Department of Housing and Urban Development (HUD) and administered by the County of Orange for cities under 50,000 in population.

The City has been very successful in receiving CDBG grants to implement:
• Single-Family Residential Rehabilitation Program;
• Alley improvements identified in the Neighborhood Enhancement Plan; and • Capital improvements to Pioneer Hall and the Senior Center.

Project eligibility is limited as the County only funds what is deemed "high priority projects," including addressing homelessness, housing rehabilitation, alley improvements, senior centers, and Americans with Disabilities Act (ADA) improvements.

The historic buildings used for the Senior Center and Pioneer Hall have routinely been improved using CDBG Public Facilities & Improvement (PF&I) funding, including updating restrooms, adding a covered patio, making parking lot and sidewalk accessibility enhancements, and in 2020 completing necessary upgrades to the kitchen facility , totaling $550,000 in improvements.

The County released the Fiscal Year 2024-25 CDBG application package on November 29, 2023 and required that completed applications be submitted by December 21, 2023. Given the relative short application window, and in an effort for the City to continue to receive CDBG funds, staff has already submitted a completed application to the County of Orange. The County requires a Council resolution in order for Brea's application to be considered in the competitive process.

The Public Hearing scheduled for January 16, 2024 is being conducted to conform to HUD and County requirements to give the public an opportunity to participate in the application process. At the conclusion of the Public Hearing, the Council will be asked to approve, by resolution, the City's participation in the CDBG grant programs detailed below:

Public Facilities and Improvements
The most recently completed CDBG grant project was for a Senior Center Feasibility Study. Staff intends for this CDBG application to be geared towards implementing recommended improvements coming from this document. While staff Attachments
Resolution.pdf
Brea_City of FY 24-25 CDBG PF&I Application.pdf
continues to garner feedback on the appropriate types of facility improvements, it is proposed that funding be requested to initiate a formal design effort to implement improvements discovered through the feasibility study.

Staff is currently working on the CDBG-funded project for the current fiscal year (2023-24) which is to make improvements to the courtyard and securing the facility, which is not anticipated to be impacted by any proposed design.

As part of the County's requirements, the resolution proposed for adoption authorizes the Mayor, or his/her designee, to execute for and on behalf of the City of Brea , the necessary agreements and/or any other documents or instruments required for participation in the Urban Counties Program for acceptance of the CDBG funds under RFA # 012-24010605-NC

COMMISSION/COMMITTEE RECOMMENDATION
The Finance Committee reviewed the application at its meeting on January 9, 2023, and recommended moving the item to the full Council for approval.

FISCAL IMPACT/SUMMARY
The City of Brea routinely applies to the County of Orange for Federal Community Development Block Grant (CDBG) funding in the Public Facilities and Improvements category of the Program. Eligible uses of this funding include senior centers, projects addressing homelessness, or projects addressing accessibility in low-income areas.

The CDBG application for Public Facilities and Improvements is a single-year application (Fiscal Year 2024-25) and is requesting $150,000, with no match required. There will be no impact to the General Fund.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Jenn Colacion, Senior Management Analyst
Concurrence: Chris Emeterio, Assistant City Manager and Carrie Hernandez, Deputy Director of Community Services RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA TO APPROVE THE CITY’S PARTICIPATION IN THE FISCAL YEAR 2024-25

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG)

WITH THE COUNTY OF ORANGE
A. RECITALS:
(i) It is the intent of the City of Brea to participate in the filing of an application with the County of Orange for a grant authorized under the Housing and Community Development Act of 1974, and the Cranston/Gonzales National Affordable Housing Act of 1990, as amended.
(ii) The Housing and Community Development Act of 1974, as amended, authorizes cities under 50,000 in population to enter into cooperation agreements with the County in which they are located for the purpose of undertaking essential housing and community development activities.
(iii) The federal government requires participating cities to provide certifications that the funds will be obtained and utilized pursuant to Federal law and policy. (iv) It is necessary that the City adopt certain projects as described in the project summary section of the application before filing the application with the County of Orange for funding authorized under the Community Development Act of 1974 as amended.
(v) The City of Brea submitted an application under Fiscal Year 2024-25 for Public Facilities & Improvements Request For Applications # 012-24010605-NC (vi)The City of Brea desires to accept the award of CDBG funds and authorizes the execution of the necessary agreements, contracts and amendments and other corresponding documentation to accept the CDBG funds.

B. RESOLUTION:

NOW, THEREFORE, THE CITY OF BREA, HEREBY, RESOLVES, AND ORDERS AS FOLLOWS:
(i) The City of Brea hereby accepts the award of CDBG funds through the County’s Urban Counties Program, which will be used to support the City of Brea’s Public Facilities & Improvements Brea Senior Center Courtyard Improvements Project under RFA # 012-24010605-NC.
(ii) The City of Brea authorizes the Mayor or his/her designee to execute, for and on behalf of the City of Brea, the necessary agreement(s) and/or any other documents or instruments required by the County and/or the United States Department of Housing and Urban Development for participation in the Urban Counties Program and/or for acceptance of the CDBG funds under RFA # 012-24010605-NC.

APPROVED AND ADOPTED this 16th day of January 2024.

Christine, Mayor
ATTEST:

Lillian Harris-Neal, City Clerk
I, Lillian Harris Neal, City Clerk of the City of Brea, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the Council of the City of Brea, held on the 16th day of January 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Dated:

Lillian Harris-Neal, City Clerk

OC Housing & Community Development Public Facilities &
Improvements Application
PF&I - FY 2024-25
D: ORGANIZATIONAUPROJECT CAPACITY AND EXPERIENCE (Continued) Audited Financial Statements will include:
• Balance Sheet (Statement of Financial Position)- Including all supporting schedules (i.e. Detailed Aged Payables, Aged Receivables, Notes Payable, etc.) • Income Statement (Profit and Loss Statement)
• Statement of Cash Flow
• Retained Earnings
• Any footnotes to the statements.

Submit Single Audit reports and Audited Financial Statements electronically OpenGov.com as a separate attachment from the Application. Paper copies will not be accepted.

Applicants who have expended Federal funds in excess of $750,000 please see PART I: D:

Organizational Background, Item 7.

OC Community Resources
RFA Bid# 012-24010605-NC
Page29of 35 PF & I APPLICATION

CITY ORGANIZA
Brea Residents
City Council
Police
Office of the Chief
of Police
Support Services
Operations
Fire
Administration
Fire Operations
Fire Prevention
Administrative
Services
Revenue and
Budget
Auditing and
Accounting
Information
Technology
Human Resources
Community
Services
Community Center
Recreation Services
Cultural Arts
Human Services
Community
Development
Planning
Building and Safety
Economic
Development
Public
Engi
Stree
San
Water O
Equ
Maint
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Bu
Maint
Communications
MarketingCity and
Clerk
City Attorney City Commissions
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Elected

EXHIBIT A

CITY OF BREA

PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN that the Brea City Council will conduct a public hearing on Tuesday, January 16, 2024 at 7:00pm, or as soon thereafter as the matter can be heard, in the Council Chambers of the Civic and Cultural Center, 1 Civic Center Circle, Brea, California, to consider the adoption of a resolution approving the City’s Fiscal Year 2024-25 Grant Application to the County of Orange for the Community Development Block Grant Program (CDBG).

FURTHER INFORMATION may be obtained at the Office of the City Clerk or by calling (714) 990- 7756.

ALL INTERESTED PARTIES are invited to attend said hearing and express opinions on the matter outlined above.

If you challenge this ordinance in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Office of the City Clerk at, or prior to, the public hearing.

Dated: December 19, 2023
Lilian Harris-Neal
City Clerk of City of Brea
Publish: January 4, 2024
Exhibit B

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA TO APPROVE THE CITY’S PARTICIPATION IN THE FISCAL YEAR 2024-25

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG)

WITH THE COUNTY OF ORANGE
A. RECITALS:
(i) It is the intent of the City of Brea to participate in the filing of an application with the County of Orange for a grant authorized under the Housing and Community Development Act of 1974, and the Cranston/Gonzales National Affordable Housing Act of 1990, as amended.
(ii) The Housing and Community Development Act of 1974, as amended, authorizes cities under 50,000 in population to enter into cooperation agreements with the County in which they are located for the purpose of undertaking essential housing and community development activities.
(iii) The federal government requires participating cities to provide certifications that the funds will be obtained and utilized pursuant to Federal law and policy. (iv) It is necessary that the City adopt certain projects as described in the project summary section of the application before filing the application with the County of Orange for funding authorized under the Community Development Act of 1974 as amended.
(v) The City of Brea submitted an application under Fiscal Year 2024-25 for Public Facilities & Improvements Request For Applications # 012-24010605-NC Exhibit D
(vi)The City of Brea desires to accept the award of CDBG funds and authorizes the execution of the necessary agreements, contracts and amendments and other corresponding documentation to accept the CDBG funds.

B. RESOLUTION:

APPROVED AND ADOPTED this 16th day of January 2024.

Christine, Mayor
ATTEST:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Dated:

Lillian Harris-Neal, City Clerk
City of Brea
City Council Regular Meeting Communication
Waive Full Reading and Introduce Ordinance No. 1239, Prohibiting Large Truck Use of Carbon Canyon Road (State Route 142) and Approve CEQA Exemption Determination Meeting
Tuesday, January 16, 2024, 7:00 PM
Agenda Group
ADMINISTRATIVE ITEMS Item: 5A
FROM
Bill Gallardo, City Manager

RECOMMENDATION

1. Waive full reading and introduce Ordinance No. 1239 prohibiting large truck use of Carbon Canyon Road (State Route 142); and

2. Approve a California Environmental Quality Act (CEQA) exemption determination.

BACKGROUND/DISCUSSION
In 2016, the City of Chino Hills invited the City of Brea to collaborate on the preparation of a preliminary traffic study to analyze issues related to traffic volumes, operations and truck traffic safety along Carbon Canyon Road (State Route 142).

The City of Brea agreed to participate in the preliminary traffic study at no cost. The roadway spans across San Bernardino and Orange Counties and is often used as a commuter thoroughfare. Carbon Canyon Road, also known as State Route 142, is under the jurisdiction of the California Department of Transportation (Caltrans). The segment through Carbon Canyon is approximately 8.4 miles from Chino Hills to Brea and is maintained by two separate Caltrans Districts; District 12 (Orange County) on the Brea side to the county line, and District 8 (San Bernardino County) on the Chino Hills side to the county line.

In 2017, the City of Chino Hills completed the study and shared a Technical Memorandum and its findings entitled "Carbon Canyon Road (SR142) Corridor Initial Study - Phase I" dated March 13, 2017. The Phase I Study gathered traffic speeds, collision data, field observations, traffic volume counts, roadway geometrics and truck traffic maneuverability. In the City of Brea, the accident history showed, from a period of December 2010 to November 2015, 29 collisions (primarily rear end) with a primary collision factor of unsafe speed. The collisions were within the vicinity of the Chino Hills Discovery Center entrance and at the intersection with Valencia Avenue. Many of the findings had recommendations to proceed with Phase II of the study, which would include a full in-depth analysis of the corridor.

In 2018, the City of Chino Hills asked if the City of Brea would partner in the preparation of Phase II of the Carbon Canyon Corridor Study. The Phase II Study was to comprehensively analyze traffic volumes, speeds, collision history, traffic calming and intersection delay times. A primary emphasis of the study was to focus on large-truck traffic issues to overcome some of the traffic and safety challenges on this corridor. The total cost of the Phase II Study was $70,000. Since most of the significant findings in the Phase I Study affected Chino Hills, the City of Chino Hills offered to pay for $50,000 of the Phase II Study cost. The City of Brea agreed to participate in this study at a cost of $20,000.

After discussions between both cities, it was decided that the first action should include restricting large trucks on Carbon Canyon Road. Since Carbon Canyon Road is controlled by the State, a formal request to restrict truck traffic would have to be submitted to Caltrans. On March 26, 2019, the City of Chino Hills approved a resolution recommending the prohibition of vehicles and combination vehicles with an overall length greater than 30 feet kingpin-to-rear axle (KPRA) on Carbon Canyon Road. On June 4, 2019, the City of Brea also approved a resolution recommending the prohibition of vehicles and combination vehicles with an overall length greater than 30 feet KPRA on Carbon Canyon Road. These actions allowed the Attachments
Attachment A - Truck Restriction Ordinance.pdf
agencies to install warning signs. Further action by both agencies would be required to implement full restrictions along Carbon Canyon Road.

With the approval of these resolutions, along with the Phase II study, the two agencies submitted the documents to Caltrans (Districts 8 and 12) for further review and consideration. These documents were approved by the local Districts and forwarded to Caltrans headquarters in Sacramento for final approval to implement full restrictions. The Cities of Brea and Chino Hills have been collaborating with Caltrans headquarters to answer any outstanding questions and finalize the ordinance language necessary to prohibit vehicles or vehicle combinations with more than four axles on Carbon Canyon Road. This specific language will supersede the existing 30 feet KPRA warning. On November 21, 2023, both agencies received email confirmation that the Caltrans Director approved the restriction on large truck use on Carbon Canyon Road.

Staff, in consultation with the City Attorney’s Office, has determined that the proposed Ordinance is exempt from CEQA review under CEQA Guidelines Section 15061(b)(3). Under Section 15061(b)(3), it can be seen with certainty that there is no possibility the Ordinance may have a significant effect on the environment because this Ordinance will require a small number of vehicles to use an alternate route, involving a slightly longer distance. Additionally, the Ordinance improves the operation and safety of an existing highway. Adoption of this Ordinance therefore is also exempt from CEQA review pursuant to CEQA Guidelines Section 15301.

The next step in the process requires the City of Brea to adopt an ordinance prohibiting vehicles or vehicle combinations with more than four axles on Carbon Canyon Road. On December 13, 2022, the City of Chino Hills adopted an ordinance prohibiting large truck use on Carbon Canyon Road. The City of Chino Hills recently amended its ordinance on December 12, 2023, to reflect the updated language approved by Caltrans headquarters. If the proposed Ordinance is adopted, it will be sent to District 12 and Caltrans headquarters for their records. The next step will require the two agencies submit an encroachment permit to both Districts 8 and 12 for sign modifications to provide notice of the prohibition of vehicles or vehicle combinations with more than four axles on Carbon Canyon Road. The prohibition would go into effect once the existing warning signs are replaced with regulatory signs by both agencies.

FISCAL IMPACT/SUMMARY
Since 2016, the Cities of Chino Hills and Brea have been collaborating to restrict the use of large truck traffic on Carbon Canyon Road. Both cities have partnered in the development of Carbon Canyon Corridor Studies whose findings support the restriction of large truck traffic on Carbon Canyon Road. Recently, as a result of these efforts, Caltrans has approved ordinance language for a prohibition of vehicles or vehicle combinations with more than four axles on Carbon Canyon Road.

In order to formalize these restrictions, the City of Brea is required to adopt the proposed Ordinance. Adoption of the proposed Ordinance would allow the City of Brea to initiate the formal process to prohibit large truck use on Carbon Canyon Road. In addition, it has been determined that the proposed Ordinance is exempt from CEQA review pursuant to CEQA Guidelines Sections 15061(b)(3) and 15301. There will be no additional impact on the general fund for this action. Any cost associated with the installation of truck restriction signs can be absorbed through the Public Works Department’s approved operating budgets.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Alberto Espinoza, MPA, PE, TE, City Engineer Concurrence: Michael Ho, PE, Public Works Director
[DATE] , 2024
ORD. ____
2772282.3 1
ORDINANCE NO. 1239

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BREA

PROHIBITING LARGE TRUCK USE OF CARBON CANYON ROAD
(STATE ROUTE 142) AND APPROVING A CEQA EXEMPTION

DETERMINATION
THE CITY COUNCIL OF THE CITY OF BREA DOES ORDAIN AS FOLLOWS:

A. RECITALS:

(i) Carbon Canyon Road (State Route 142) is under the jurisdiction of the State of California.
(ii) Pursuant to Vehicle Code Sections 35701(a) and 35702, with approval of the truck restriction report from the California Department of Transportation (“Caltrans”), the City may adopt an ordinance to prohibit the use of Carbon Canyon Road (State Route 142) by any vehicle exceeding a maximum gross weight limit. (iii) Pursuant to Vehicle Code Sections 21101(c) and 21104, with approval of the truck restriction report from Caltrans, the City may adopt an ordinance to prohibit the use of Carbon Canyon Road (State Route 142) by certain vehicles. (iv) The City of Brea and the City of Chino Hills retained a professional traffic consultant, Iteris, Inc., to conduct a thorough study of potential safety and operational concerns related to the operation of large trucks on Carbon Canyon Road (State Route 142).
(v) The Iteris studies identified serious operational safety and concerns with respect to travel on Carbon Canyon Road (State Route 142) by large trucks and recommended enactment of a prohibition.
(vi) On June 4, 2019, the City Council adopted Resolution No. 2019-041 [DATE] , 2024
ORD. ____
2772282.3 2
recommending that the State of California prohibit trucks with kingpin-to-rear axle distance over 30 feet from traveling on Carbon Canyon Road (State Route 142) from Valencia Drive to the Orange County Line.
(vii) Caltrans has reviewed and granted written approval of this Ordinance.

B. ORDINANCE:

SECTION 1. The facts set forth in the Recitals, Part A of this Ordinance, are true and correct.

SECTION 2. Section 10.40.050 (Weights and Routes Designated) of Chapter 10.40 (Truck Routes and Terminals) of Title 10 (Vehicles and Traffic) of Part I (Municipal Code) of the Brea City Code is amended by adding a new paragraph E to read as follows:
“E. Paragraph B shall not apply to vehicles that are subject to the prohibition in Section

10.40.060.”
SECTION 3. Chapter 10.40 (Truck Routes and Terminals) of Title 10 (Vehicles and Traffic) of Part I (Municipal Code) of the Brea City Code is amended by adding a new Section 10.40.060 to read as follows:
“§ 10.40.060 Vehicle Axle Limitations on Carbon Canyon Road (State Route 142).

A. Vehicles or vehicle combinations with more than four axles are prohibited on Carbon Canyon Road (State Route 142) from Valencia Drive to the Orange County Line except as provided in paragraph B of this section. State routes 57, 60, 71 and 91 are designated as alternate routes for such vehicles.

B. Paragraph A of this section shall not apply to the following vehicles:

1. Vehicles actually involved in providing services, making pickups or deliveries of goods, wares and merchandise, or delivering construction materials to sites [DATE] , 2024
ORD. ____
2772282.3 3
on the restricted highway segment, and that have no other means of access.

2. Authorized refuse hauling vehicles actually picking up refuse, waste, recyclable material, or other garbage.

3. School buses or buses transporting persons engaged in any type of authorized school activity.

4. Authorized emergency and fire suppression vehicles.

5. Vehicles subject to Public Utilities Code Section 1031 et seq.

C. Any violation of this section may be prosecuted as an infraction or as a civil administrative action in the discretion of the City Attorney or City Prosecutor. The fine or administrative penalty shall be one hundred dollars ($100) per violation.” SECTION 4. The Public Works Director shall cause appropriate signs to be erected to give notice of the prohibition imposed by this Ordinance.

SECTION 5. The City Council finds that this Ordinance improves the operation and safety of an existing highway. Adoption of this Ordinance is therefore exempt from California Environmental Quality Act (“CEQA”) review pursuant to Title 14, Section 15301 of the California Code of Regulations. Additionally, the City Council finds that it can be seen with certainty that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment because this Ordinance will require a small number of vehicles to use an alternate route involving a slightly longer distance. It is therefore also exempt from CEQA review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations.

SECTION 6. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court [DATE] , 2024
ORD. ____
2772282.3 4
action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect.

SECTION 7. The City Clerk shall certify to the adoption of this Ordinance.

APPROVED AND ADOPTED this __ day of __________, 2024.
________________________________
Christine Marick, Mayor
ATTEST: _____________________________
Lillian Harris-Neal, City Clerk
[DATE] , 2024
ORD. ____
2772282.3 5
I, Lillian Harris-Neal, City Clerk of the City of Brea, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Brea held on the ___ day of ___________, 2024, and was finally passed at a regular meeting of the City Council of the City of Brea held on the ____ day of ___________, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

DATED: _______________, 2024
________________________________
Lillian Harris-Neal, City Clerk
City of Brea
City Council Regular Meeting Communication
Presentation and Adoption of Cultural Arts Master Plan
Meeting
Tuesday, January 16, 2024, 7:00 PM
Agenda Group
ADMINISTRATIVE ITEMS Item: 5B
TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager

RECOMMENDATION
Receive and file.

BACKGROUND/DISCUSSION
The City of Brea has a rich history in arts and culture, with well-established programs dating back over 40 years, such as, the Art in Public Places program, the Curtis Theatre, and the Brea Gallery. In Fiscal Year 2019-20, following the broader Brea Envisions effort, the City Council made master planning efforts specific to Cultural Arts programming one of their Top Priorities. The Cultural Arts Commission has also made efforts to develop long-term planning strategies and in 2019 the Commission adopted its first set of Annual Goals which began as broad visioning statements on how the arts should exist within the Brea community. Soon after, the Cultural Arts Commission and staff sought support for a Decision Package through the 2020-21 Budget Cycle for the City Council to consider funding for a Master Plan, but due to economic uncertainty following the COVID-19 Pandemic, this effort was put on hold. City Council later approved this Decision Package through the Fiscal Year 2022-23 Budget Cycle and authorized a Professional Services Agreement with Arts Orange County in spring 2023 to guide Brea through its first-ever Cultural Arts Master Plan meant to focus on the next five to ten years.

As part of their Scope of Services, Arts OC was tasked with forming a Steering Committee made up of Brea residents to aid in this effort. The Committee makeup included: Two (2) representatives from the Cultural Arts Commission, one (1) representative from the Parks, Recreation and Human Services Commission, one (1) representative from the Planning Commission and seven (7) at-large Committee members. This Committee has met monthly since June 2023, and has helped guide the master planning efforts which included interviewing 31 key stakeholders, hosting three (4) visioning sessions for the community (also offered in Spanish and Korean languages), as well as launching a digital survey taken by over 250+ respondents. Following the community engagement stage, Arts OC drafted their professional findings and recommendations which can be found within their report and will be summarized as part of their presentation.

Following receipt of the master plan, staff will work in partnership with the Cultural Arts Commission to develop strategies for implementing these findings where appropriate.

COMMISSION/COMMITTEE RECOMMENDATION
At their December 20, 2023, meeting, the Cultural Arts Commission heard the presentation and recommended it be prepared for City Council to receive and file.

FISCAL IMPACT/SUMMARY
There is no General Fund impact.

RESPECTFULLY SUBMITTED:

Attachments
Brea Master Plan_ReducedPDF_FINAL.pdf
William Gallardo, City Manager
Prepared by: Jenn Colacion, Senior Management Analyst
Concurrence: Chris Emeterio, Assistant City Manager and Carrie Hernandez, Deputy Director of Community Services Prepared by
Master Plan
Cultural Arts
2 CITY OF BREA
On the cover (from top): Brea Letters at Concerts in the Park, July 2021 (photo: Kris Kataoka); Pollination! (detail) by Dixie Friend Gay, 2022; Singularity in Bloom (detail) by Darel Carey, from the Immersion exhibition, 2019. Pictured above: Annual 4th of July Country Fair.

CULTURAL ARTS MASTER PLAN 3
City of Brea Leadership
Cultural Arts Master Plan Steering Committee
and Project Staff
Introduction
Purpose of Project
About the Consultancy
How the Arts Benefit Brea
Vision
Community Input
Cultural Arts Master Plan Steering Committee
Key Stakeholder Interviews
Visioning Sessions
Online Survey
Executive Summary: Topline Recommendations
Art in Public Places
Civic & Cultural Center Complex
Curtis Theatre
Brea Gallery
Special Events
Marketing
Sister Cities
Special Circumstances: Sister Cities and Brea Museum
A Timeline of Brea Arts & Cultural History
City of Brea Arts & Cultural Assets
How Cities Fund the Arts
Creative Economy of Brea
Brea Arts & Culture Survey Summary
Key Stakeholders Interviewed
About the Consultant
Appendices
Table of Contents
4 4
6 9
10 15
22 26
28 31
32 37
38 39
4 CITY OF BREA
City Council
Christine Marick, Mayor
Blair Stewart, Mayor Pro Tem
Cecilia Hupp, Councilmember
Marty Simonoff, Councilmember
Steven Vargas, Councilmember
City Staff
Bill Gallardo, City Manager
Chris Emeterio, Assistant City Manager

CULTURAL ARTS COMMISSION
Robyn Price, Chair
Sara Trujillo, Vice Chair
Beverly Falco, Member
Benjamin Schultz, Member
Linda Shay, Member

ART IN PUBLIC PLACES ADVISORY COMMITTEE
Kris St. Clair, Chair
Margee Hills, Vice Chair
Joseph Covey, Committee Member
Pat Fox, Committee Member
Robyn Price, Committee Member
Judy Randlett, Committee Member
Irene Rifilato, Committee Member
Cultural Arts Master Plan Steering Committee
Robyn Price, Cultural Arts Commission Representative
Linda Shay, Cultural Arts Commission Representative
Irene Rifilato, Parks, Recreation and Human Services
Commission Representative
Blake Perez, Planning Commission Representative
Erika Bernal, At-Large Appointee
Laura Cullen, At-Large Appointee
Monique Diaz, At-Large Appointee
Maggie Downs, At-Large Appointee
Marissa Forte, At-Large Appointee
Joan Kuniko Kawase,* At-Large Appointee
Janice Kraus, At-Large Appointee
*In Memoriam
Cultural Arts Master Plan Project Staff
Carrie Hernandez, Deputy Director,
Community Services Department
Jennifer Colacion, Senior Management Analyst,
Community Services Department
Kristofer Kataoka, Theatre Manager,
Community Services Department
Katie Chidester, Gallery Director,
Community Services Department
Kristin Steyerman, Special Events Supervisor,
Community Services Department
Ashley Reid, Executive Assistant,
Community Services Department
Liz Pharis, Communications & Marketing Manager/
Public Information Officer
Yerika Ambriz, Management Analyst,
Management Services Department
Alexis Alvarado, Permit Technician,
Community Development Department
Cristal Nava, Assistant Planner,
Community Development Department
City of Brea Leadership Cultural Arts Master Plan
Steering Committee & Project Staff
CULTURAL ARTS MASTER PLAN 5
Clockwise from top left: Sumer #18, by Larry Bell, 2004; Nohely Quiroz in Tales of a 5-Foot Nothing, part of the Curtis Theatre’s Amplify Program, September 2023 (photo: Francis Gacad); Made in California 2023, Just Getting Started 2 by Brandon Bollinger, 2022, Acrylic; Annual Tree Lighting Ceremony.
6 CITY OF BREA
Purpose of Project
City of Brea has distinguished itself as a city of
the arts for nearly 50 years by fostering the creation
of nearly 200 works of art, mostly paid for and
displayed by private property owners throughout
the community, and by including within its Civic
& Cultural Center a performing arts theatre, an art
gallery, a public library, and gathering spaces for
public events owned and operated by the City. Brea’s
earlier history also documents that its residents have
consistently sought to be a standout among cities in
the region, prioritizing the establishment of educational and cultural institutions, and determined to sustain their community by diversifying its economic base and through sound financial management.

Residents, business leaders, educators and city
officials have high praise for Brea’s arts programs
and facilities. Their vision for the future is primarily for more of the same—and to spread the word far
and wide. The current opinions clearly validate the
same community opinions that were reported in
Brea’s 2003 “Imagine Brea” General Plan and 2017
“Brea Envisions” Plan.

Nevertheless, there are opportunities for some modest
adjustments to City arts and culture programs that
can embrace the evolution of its demographics
over the past decades. Certain improvements to the
City’s arts facilities have been suggested as well.

The vaunted Art in Public Places Program, largely
unaltered over the years, has the possibility of adding new breadth to the community’s experience of public
art. These topics are addressed in the consultant’s
recommendations.

About this Consultancy
City of Brea issued a Request for Proposals (RFP)
on February 2, 2023 seeking Professional Consulting
Services for a Brea Cultural Arts Master Plan.

The purpose of the consultancy was “To develop a
five-to-ten year strategic plan that defines the role of the City supporting arts and culture, and the role of
arts and culture in accomplishing the City’s broader
goals. Brea believes that there should be a solid
foundation with both short-term and long-term goals
as well as a clear and impactful vision for the future.” Arts Orange County was contracted on May 2, 2023
to provide these services. More information about
the consultant may be found on page 38.

This report includes a description of the community
input gathering activities conducted by the consultant, other research and its findings.

How the Arts Benefit Brea
Identifying how Brea benefits from the arts is a
stated goal of the City’s Cultural Arts Master Plan.

One of our nation’s greatest authorities on the
subject, Americans for the Arts, has conducted and
collected substantive research on the benefits of the
arts to individuals and communities. They document
these in a list of “10 Reasons to Support the Arts,”
which apply equally to how the residents, visitors
and people who work in Brea benefit (more details
may be found in the Appendices):

1. Arts improve individual well-being.

2. Arts unify communities.

3. Arts improve academic performance.

4. Arts strengthen the economy.

5. Arts drive tourism and revenue to local businesses.

6. Arts spark creativity and innovation.

7. Arts drive the creative industries.

8. Arts have social impact.

9. Arts improve healthcare.

10. Arts for the health and well-being of our military.

Introduction

CULTURAL ARTS MASTER PLAN
7 Performance by Korean High School Group Pava –
in partnership with Brea Sister City Anseong, Korea at Brea Fest 8 CITY OF BREA
The cast of A Gentleman’s Guide to Love and Murder
(Chris Russo, Kalinda Gray, Paul Zelhart, Hailey Tweter), February 2023 (Photo: Francis Gacad) CULTURAL ARTS MASTER PLAN 9
Brea Envisions 2017
“Brea will continue to be a vibrant, innovative,
sustainable, and scenic community that values its
citizens, schools, diversity, heritage, arts, and open
and public spaces, while maintaining its small town
feel and quality of life for its residents, businesses
and visitors. A clear theme of the survey results is
that residents are focused on maintaining—rather
than changing—the character of Brea.”
Imagine Brea 2003 City General Plan
“Brea’s many arts and cultural resources, heritage
buildings and structures, outdoor sculpture
collections, performing and visual arts centers,
festivals, and arts and education programs, as well
as individual and corporate assets, comprise an
important component of community life. Looking
toward the future, these cultural and arts programs
can be strengthened and expanded to meet changing
community values and vision.”
Vision
These statements derive from the community input
gathered which is described fully in the following pages.

The City of Brea will continue to be a place where:

Cultural Arts Master Plan 2023
arts and culture are integrated deeply into daily community life arts and culture are accessible and contributing positively to the health and well-being of all
arts participation is robust
arts education is fundamental
artists can live fulfilling and prosperous lives
public art can be seen everywhere
arts and culture build bridges between generations
arts and culture create civic cohesion
arts and culture celebrate diversity
10 CITY OF BREA
City of Brea Cultural Arts Master Plan
Steering Committee
On June 15, 2023, the application period for
individuals with an interest in serving on the
Steering Committee closed. On June 26, 2023,
the Cultural Arts Commission approved the
selection of 11 to the Committee, supplemented
by 10 members of the City of Brea staff.

Five monthly meetings of the Steering Committee
took place on July 17, August 7, September 8,
October 23, and November 27, 2023.

The first meeting included an hour-long Visioning
Session facilitated by Tracy Hudak, a member of the
consulting team. The September meeting included a
presentation by Pat Gomez, a member of the consulting
team, that provided an overview of the City of Brea
Art in Public Places Program and information about
similar programs in other communities.

All meetings included progress reports and
solicitation of input from the Steering Committee
on the consultant’s list of arts and culture assets
in Brea, list of prospective key stakeholders for
interviewing, draft online public survey, and plans
for the public visioning sessions. The list of Steering Committee members appears on page 4.

Community Input
Restaurant Row at Brea Fest

Stakeholders represented
the following constituencies:
• artists • arts and cultural
organizations • business
• education • government
CULTURAL ARTS MASTER PLAN 11
Key Stakeholder Interviews
Each stakeholder interview conducted was a free-form conversation that began by asking about the interviewee’s own personal experiences with arts and culture, their professional background and affiliation, their knowledge of the City’s arts facilities (Curtis Theatre and Brea Gallery) and programs (Art in Public Places Program, Special Events, Sister Cities), and their observations and opinions about the needs of the community with respect to arts and culture. Their responses prompted follow-up questions seeking more information or encouraging them to provide more detail. Interviewees were advised that their comments would be confidential and that any specific quotations used by the consultant would be without attribution.

Notes from the sessions were
compiled by the consultant and
incorporated into the findings and
recommendations in this report

Comments by stakeholders
in the report are shared
without attribution

All 5
City Council
members were
interviewed

In addition to those
independently identified by the
consultant, interviewees were
selected based upon suggestions
made to the consultant by City Council,
City staff, members of the Steering
Committee, and other stakeholders

31 interviews
were conducted
with key stakeholders,
and took place between
August 1 and
December 6,
2023
Visioning Sessions
• 1 with the members of the Steering Committee
at its first meeting on July 17, 2023, held in a
meeting room at the Civic & Cultural Center
• 3 Community Visioning Sessions held in a
meeting room at the Civic & Cultural Center,
on September 26, 27, and 28, 2023
• All Visioning Sessions were staffed by a
bi-lingual team member to assist Spanish
speaking participants
• One Visioning Session included a Korean
language interpreter to assist Korean speaking
participants
• Total attendance was 34
• Visioning Sessions were promoted through:
– Media announcement by City of Brea
– Digital advertising on City of Brea television
– Digital image distributed through
City e-newsletters
– Digital image posted on City’s website
– Digital image distributed through
Steering Committee members
– Digital image distributed through
Brea Chamber of Commerce
– Promotional materials were in English,
Korean and Spanish
Participants in the Visioning Sessions were
asked to reflect on personally meaningful arts
experiences and their impact upon them, and
to collectively brainstorm their vision for Brea’s
arts ecosystem and cultural experiences ten
years into the future. Sessions were facilitated
by Consultant Team Members Tracy Hudak
and Victor Payan.

Online Survey
• Survey launched on September 27 and closed
on November 15, 2023
• Survey was offered in English, Korean, Spanish
languages
• Survey was promoted through:
– Media announcement by City of Brea
– Digital advertising on City of Brea television
– Digital image distributed through
City e-newsletters
– Digital image posted on City’s website
– Digital image distributed through
Steering Committee members
– Digital image distributed through
Brea Chamber of Commerce
– Entryway poster at Brea Library
– Promotional materials were in English,
Korean and Spanish
A summary of survey results may be found on
page 28 with additional detail in the Appendices.

4 visioning sessions 267 responses
12 CITY OF BREA
CULTURAL ARTS MASTER PLAN 13
Clockwise from top left: Nutcracker Craft Boutique at the Brea Community Center; Happily Ever After starring Diana Elizabeth Jordan, September 2023 (Photo: Francis Gacad); Threads that Bind Exhibit at the Brea Gallery, 2023 (Photo: Gallery Staff ). 14 CITY OF BREA
Examples of art in public places in other communities. Clockwise from top left: Montreal Convention Center; Artist Amir Fallah, LA County Dept. of Mental Health (Photo: Alan Shaffer); School Garden Gate by Tjep; Artist Uriah Bueller metal screen façade, exterior.

CULTURAL ARTS MASTER PLAN 15
Art in Public Places (APP)
This program is both Brea’s most highly visible point
of pride and the source of a number of challenges.

Its nearly fifty-year focus on requiring the placement
of sculptures in front of privately-owned building
structures through a developer fee has resulted
in the largest collection of public art in Orange
County. Nevertheless, the community pointed to
the deteriorating condition of many works, the loss
through theft of others, and a longing for more
variety of styles and types of artworks to enrich
Brea’s public art experience.

The consultant’s review of APP resulted in a number
of detailed policy recommendations designed to
refresh the program and to bring it up to current
standards of best practice. More details about the
following recommendations may be found in
the Appendices:

1. Change In-Lieu requirements outlined in the
current policy:

Option 1: Remove the threshold mandate
requiring a permanent artwork to be pursued
and allow for all developments incurring the
APP requirement to choose the in-lieu option
for compliance.

Option 2: Raise the threshold for the requirement
of a public art project to $10 million, with an
annual adjustment equal to the Consumer Price
Index changes for Orange County to stay in line
with inflationary costs of materials and labor.

This will establish the minimum budget for a
required permanent artwork at $100,000.00.

2. Brea Art Fund usage be expanded to allow for
temporary and permanent public art, and arts
programming serving the Brea community.

3. Change Brea’s allowable permanent public art
from “sculpture” to “public artwork,” allowing
original artist designed permanent artwork in a
wide range of styles, materials, types, and methods,
including functional and non-functional elements,
both freestanding and integrated into the building’s architecture. And make a commensurate change requiring artists with sculpture experience
to artists with permanent public art experience.

4. Require that the mandated maintenance plan
information be satisfied through a professional
art conservator’s materials and fabrication review
and report.

5. Provide a pre-qualified list of art conservators to
developers to assist in the identification of qualified professionals to participate in maintenance manual development and to perform conservation
services when appropriate.

6. Modify language, with review and approval
from Brea City Attorney, of the current “Visual
Arts Laws for Artists and Sculpture Owners”
section of the APP manual to avoid possible
legal misinterpretations (due to cases changing
legal interpretation of the law) and to avoid the
perception of providing legal advice

7. With the promotion of Senior Management
Analyst, only half of the time is now assigned to
Cultural Arts Division responsibilities, leaving
a need for additional staffing to oversee the Art
in Public Places program, which was previously
an independent position.

Executive Summary: Topline Recommendations
Harlem Hospital glass façade.
16 CITY OF BREA
Civic & Cultural Center Complex
Brea Civic and Cultural Center remains the flagship
for City-operated arts and cultural activities of
many types, supplemented by a limited number of
non-City-sponsored programs. Regular attendees of
performances at the Curtis Theatre and exhibitions
at the Brea Gallery are enthusiastic about the variety
and type of programs offered. Community leaders
feel that the design of the 40+ year old Civic and
Cultural Center complex is greatly in need of a
cosmetic refresh to strengthen the cultural aspects
of its identity and to make it more appealing in a way
that would invite greater attendance. Additionally,
some felt that its functionality has not kept up with
the needs of a community that has grown significantly in population since its opening. One of the digital billboards and other equipment at the Civic
and Cultural Center were characterized by some as
obsolete. Inadequate parking was mentioned by
some as an issue.

1. Refresh the look of the Civic & Cultural Center.

While this might traditionally be planned
exclusively through the services of an architect,
Brea’s Art in Public Places success suggests that
the process should include artist-designed
proposals. Some of the best opportunities appear
to be affixing art to walls and columns.

2. Add artist-designed benches to the public
gathering areas.

3. Replace the current digital billboard adjacent to
the Brea Mall with one that is state-of-the-art.

4. For major events or events with multi-day
duration, design, fabricate and install large scale
highly-visible banners on the building to promote.

Curtis Theatre
Curtis Theatre received high marks for the variety
and quality of its programming. The current staff
approach that supplements City-sponsored presentations with a number of events involving partnership by the City with community organizations has
proven successful. It strengthens the City’s ability to maintain a robust schedule of events by balancing
the expense of booked-in performances with less
costly collaborations. It is also a way to exercise some degree of control over the quality of presentations in
the theatre as opposed to primarily offering open
rental use of the facility, which can cause wildly
different quality levels and impact the public’s
willingness to trust future performances. The
opportunity exists to strengthen programming that
reflects the growing diversity of Brea’s residents
and of surrounding cities that the theatre also serves.

Some people expressed the feeling that a 199-seat
facility is inadequate, saying that some events have
to turn away patrons and that more popular or more
costly events cannot be accommodated because of
the low capacity. Further, its unusual fan-shaped
stage limits what can be placed on the stage and
creates wasted space that cannot always be utilized.

1. Consider expansion of the Curtis Theatre
through a study by expert theatre facility planners.

This would include determining if the site
can accommodate a larger facility, whether a
reconfiguration of the stage can be implemented,
how many additional seats can be included, and
available space for commensurate audience and
backstage amenities. Such a planning process
would also evaluate the market—what different
or additional City-sponsored events would be
feasible as well as what organizations and
promoters might be interested in renting the
facility as a result of the larger audience capacity.

2. Further diversify the programming of the Curtis
Theatre in both City-sponsored, collaborative
and rental offerings in order to connect with
the growing number of residents with different
backgrounds. This should include expanding
collaboration with the Sister Cities program but
also go beyond the three nationalities they
represent.

3. Strengthen the marketing of the Curtis Theatre
through increased collaboration with the City’s
Marketing Department/Public Information
Office. While this can achieve some economies
of scale, its intent would be to greatly expand the
reach of promoting Curtis Theatre programs,
particularly in pursuit of multi-cultural audiences
which require special outreach. It will also be
critical to step up marketing impact if an expansion to the Curtis Theatre’s audience capacity is determined to be feasible and desirable.

Clockwise from top: The cast of The Revolutionists (Rachael VanWormer, Jazlyn Lewis, Sidney Aaron Aptaker, Danielle Heaton), June 2023, (Photo: Francis Gacad); Brian Pirnat and Brian Fichtner in The Musical Comedy Murders of 1940, October 2023, (Photo: Francis Gacad); Dancer with Nouveau Chamber Ballet, June 2022, (Photo: Patrick Hough) CULTURAL ARTS MASTER PLAN 17
18 CITY OF BREA
Made in California 2023, Gallery Shot, (Photo: Gallery Staff ); Visitors enjoying Domestic Detritus, 2023, (Photo: Gallery Staff ); Kids creating art during a Sunday Funday event, (Photo: Gallery Staff ) CULTURAL ARTS MASTER PLAN 19

2. Expand the hours that the Brea Gallery is open
to the public. Currently, the gallery is open
Wednesday through Sunday from 12 noon to
5 pm. We recommend adding 3 hours on Friday
evenings to provide increased access and to
market visiting the gallery as a great way to kick
off the weekend—before or after dining out
locally.

3. Consider expansion of the Brea Gallery through
a study by expert art facility planners. The
primary need is for accommodating summer art
camps outside of and with a separate entrance
from the exhibition space. Additional preparation
and storage space is also needed.

4. The summer art camps currently taking place
within the gallery should be moved off-site or, if
the gallery facility expansion is possible, within
a dedicated classroom space. This will enhance
the experience for camp participants to have
their classes take place in a more suitable
environment as well as improve the experience
for visitors to the gallery.

5. Further diversify the programming of the Brea
Gallery in order to connect with the growing
number of residents with different backgrounds.

This should include expanding collaboration
with the Sister Cities program but also go
beyond the three nationalities they represent.

6. Strengthen the marketing of the Brea Gallery
through increased collaboration with the City’s
Marketing Department/Public Information
Office. While this can achieve some economies
of scale, its intent would be to greatly expand
the reach of promoting Brea Gallery programs,
particularly in pursuit of multi-cultural audiences
which require special outreach. It will also be
important to step up marketing impact if a fifth
exhibition is added to the schedule and if art
class offerings are expanded.

7. Additional staff will be required and increased
program budget will be required in order to add
an exhibition to the schedule.

4. Usage fees for the Curtis Theatre are below
market and should be increased modestly to
reflect increased costs of operation.

5. Additional staff is recommended in order that
house management responsibilities at events
can be offered as part of the rental agreement to
users. This would enable the stage technician
assigned to the event to focus on backstage
needs instead of having to attend to front of
house issues. The skills and responsibilities are
different—as are the locations in the facility.

Brea Gallery
The Brea Gallery has established itself as a wellregarded organizer of high-quality exhibitions of contemporary art. Its 6,260 square foot space with
movable walls provides the flexibility for exhibit
design that can accommodate various kinds of art
displays and provide varied experiences for the
visitor. Nevertheless, the exhibit capacity is limited
because much of the perimeter wall space is occupied by picture windows. Each year, four exhibitions are offered, including the annual “Made in California,” the Gallery’s signature exhibition (now in its 39th
year), which has open fee-based submissions with
works selected and organized by a guest curator.

This has resulted in “Made in California,” being
an exhibition that is highly-diverse in style and
in the demographics of the participating artists.

Like the Curtis Theatre, the Brea Gallery has also
sought out and developed collaborations that have
included museums, higher education and visual
arts organizations.

1. Expand the offerings by adding one exhibition to
the schedule each year. This can be accommodated
by reducing the current exhibition runs of
8 weeks to 7 weeks each, except for “Made in
California,” the gallery’s annual flagship exhibition.

This would enable more options for programming,
more opportunities for collaboration, more
artists’ works being exhibited, and increased
attendance. It would provide increased urgency
for the public to visit the gallery during the
slightly reduced exhibition runs as well.

Special Events
The City sponsors more than a dozen special events
each year. These include: Concerts in the Park at City
Hall Park, Family Films at the Civic Center, Country
Fair – July 4, Spring Craft Boutique – March, Pet
Expo – April, Nutcracker Craft Boutique – weekend
before Thanksgiving, Brea Fest – August, Veterans
Day – November 11, Tree Lighting – first Thursday in
December. There is a desire by the community that
more arts and culture programs sponsored by the
City be presented at locations other than the Civic
and Cultural Center. While the summer concerts
take place under the stars in City Hall Park and the
planned amphitheater in Arovista Park will soon be
hosting them, the possibility of spreading arts and
culture programming beyond them was suggested.

While Brea Fest has become a centerpiece of the
community’s festival calendar, some people felt
that there is room for a separate international or
multi-cultural focused festival. This would showcase
not only the three cultures represented by Brea’s Sister Cities, but also provide the opportunity to include
other nations and cultures as well. It was noted that
cities like Orange and Irvine have highly successful
international or global festival events featuring
cuisine, crafts, and performances from many locales.
20 CITY OF BREA
The Red Light Brass Band at Brea Fest, August 2022
CULTURAL ARTS MASTER PLAN 21

1. Legacy and traditional events should be maintained
as long as they continue to be well-attended.

2. Consider adding new special events that have
been suggested by the community, such as:
an international food festival with cultural
performances, lantern festivals, art wine walk,
art and public places trolley tour.

3. Additional locations should also be explored
for possible siting of existing and new events.

4. Special Events is experiencing chronic
understaffing, and will require additional staff to
maintain the current regular schedule of activities.

New events will require further staff increases.

5. For summer concerts, purchase and install
a temporary dance floor so that attendees can
dance to the music.

Marketing
The Curtis Theatre staff and Brea Gallery staff each
handle their own marketing. Meanwhile, there is
a separate Marketing Department operated by the
City that includes its Public Information Office.

Community members indicated that they didn’t
always know about what arts and cultural offerings
were taking place at the theatre, the gallery or elsewhere in Brea. This suggests that greater impact and reach could be accomplished by consolidating these
multiple efforts, or at least greater coordination.

1. Bring together Curtis Theatre, Brea Gallery
and Marketing/Public Information Office
staff to review the strategic marketing needs
of the City’s arts and cultural programming.

Determine where there are the best opportunities
for collaboration and identify specific tasks that
need to continue being handled separately by
the Theatre and Gallery staff.

2. Additional staff is recommended.

3. Seek out collaborative marketing opportunities
with marquee businesses like Brea Mall, the
Brea Chamber of Commerce, and Brea Olinda
Unified School District. In particular, the opportunity exists to market arts attendance in tandem with the promotion of local dining experiences
—before or after visits to the Brea Gallery and
performances at the Curtis Theatre.

Sister Cities
Brea’s Sister Cities relationships are longstanding,
and include Lagos de Moreno, Mexico (1969), Hanno,
Japan (1980), Anseong, Korea (2011), as well as a
Friendship City, Namyangju, Korea, established in
2020. Visits to the cities by Brea residents and from
the cities to Brea have generally taken place once each year, as have student exchanges, except during the
recent pandemic. Local volunteers maintain regular
communications with Brea’s City staff and with
Sister Cities contacts, and play an important role in
coordinating activities. These volunteers have generally felt that the wider Brea community is not aware of these Sister Cities relationships, and would like
to see them promoted and celebrated more actively.

1. Sister Cities volunteers and Brea’s Marketing
Department/Public Information Office should
meet to discuss opportunities to build public
awareness of the Sister Cities program. This
could include a regular schedule of informative
stories about each of three cities beyond the brief
information appearing on the City of Brea website.

2. Sister Cities volunteers and staff of the Brea
Gallery and Curtis Theatre should meet to
discuss future windows of opportunity to include
culturally relevant programming representing
the three Sister Cities to be included in the
schedules of those venues.

SPECIAL CIRCUMSTANCES:

SISTER CITIES AND BREA MUSEUM
The City currently provides very limited funding
and staff involvement to its Sister Cities program
and the Brea Museum on the basis that these are
not official City of Brea departmental activities but
rather external nonprofit endeavors. This is a “gray
area” that merits new thinking to contribute to the
further enhancement of these key cultural assets.

In fact, the City owns the Brea Museum property
and is an essential repository for much of the City’s
history and heritage, while collecting rent from the
Brea Historical Society.
22 CITY OF BREA
The “Gabrieleño”
(Tongva) people were
the first to call Brea
home, where they
practiced their arts
and culture.
~1500 B.C.E.
1899 1911
Santa Fe Railroad
built a branch line
to the oil field where
the settlement of
Olinda was founded.
1894
Union Oil Company
of California purchased
1,200 acres for
oil development.

First oil well, Olinda Oil Well #1
struck it rich. Still pumping
today. Became the site in 2003
of the Olinda Oil Museum &
Trail, a 12-acre historical park.

Official founding date of Brea.

The word “Brea” means tar in
Spanish. Name of the community
was changed from Randolph
(named for Epes Randolph,
engineer Pacific Electric Railway)
to Brea.

Spanish Portola expedition,
which camped in Brea Canyon,
were the first Europeans to make
land and explore Alta California.
1769
Brea’s Arts & Culture
Timeline
CULTURAL ARTS MASTER PLAN 23
Brea Library (first branch of the
Orange County Public Library System)
opened in a corner of the Brea Garage
Showroom, and moved to various
locations over the years, finally to the
Civic and Cultural Center in 1981.
1913 1917
1921
1926
1969
1961
1933
1970s
Brea Chamber of Commerce
founded. Richardson’s
Picture Show was lost when
Sewell Building burned down.

Movies were later screened
at the schoolhouse by
Brea PTA to raise funds for
community projects.

Brea became
incorporated as
the 8th official city
in Orange County.

Brea City Band
formed and
gave community
performances.
1918
1922
Red Lantern Theatre
opened with 900 seats.

Demolished in 1987.

City Hall opened, operated
until 1980 when the new
Civic & Cultural Center
was opened. In 1992, Brea
Historical Society took
occupancy of the old City
Hall and began operating it
as a museum.

Brea Olinda High School –
original building was across from
Brea Mall. Included an auditorium.

In 1989, the high school moved
to current its location.

Original Sister City,
Lagos de Moreno, Mexico,
adopted in 1969.

City of Brea
Cultural Arts
Commission
formed.

Brea Grammar School
auditorium was torn down
after the Long Beach
earthquake, was replaced
in 1949 after a bond issue.

Opening of Orange
Freeway (57) and the
Brea Mall, profoundly
changing Brea’s future.
24 CITY OF BREA
1971
Second Sister City,
Hanno, Japan,
adopted in 1980.
1980
1985
1989
2000
Brea Historical Society founded.

Brea Museum & Historical Society
located in historic American Legion
Hall. Collects, preserves & displays
the heritage & history of City of Brea.

Art in Public Places (APP)
developed. Among the first
art in private development
programs in the state. Over
191 sculptures currently.
1975
City of Brea Country Fair
Steering Committee formed.

Brea Improv opens its
300 seat performance
space downtown.

Downtown Brea – redevelopment
for shopping & entertainment area
1981 1982
OC Public Library, Brea
Branch opened in Brea
Civic & Cultural Center.

One of 33 branches of OC
Public Libraries system.

Brea Foundation is
established by the City as
a means of raising and
disbursing private contributions for civic projects.

Curtis Theatre
opened in Brea
Civic & Cultural
Center–199-seat
theatre named
for Dr. Glenn
Curtis
Brea Art Gallery
opened in Brea Civic
& Cultural Center—
a community-based
art space showcasing
contemporary art.

Fender opened its
musical instrument
plant in Brea until
1991, when it
moved the plant
to Arizona.

CULTURAL ARTS MASTER PLAN 25
Brea Veterans Memorial
dedicated at Brea
Civic & Cultural Center.
“Monument of
Remembrance” by
artist Susan Narduli.
2003
2012
2018
2020
2019
2023
Olinda Oil Museum & Trail,
a 12-acre historical park
that includes original Olinda
Oil Well #1 (still pumping);
field office building; Jack Line
Pump; records vault; and

2.2 miles scenic walking trail.

New Sister City, Anseong,
Korea, adopted in 2011.
2011
2017
City of Brea’s
Centennial.

City of Brea’s “Brea Envisions”
Plan developed.

Brea Improv
moves to its
current location
New Friendship
City relationship
established with
Namyangju, Korea
Covid-19 pandemic
Brea
Cultural Arts
Master Plan
City of Brea’s “Imagine Brea”
General Plan developed.
26 CITY OF BREA
City Facilities
Brea Art Gallery (6,260 square feet)
Curtis Theatre (199 seats)
Olinda Oil Museum & Trail
City Programs
Amplify at Curtis Theatre
Brea Fest – August
Concerts in the Park at City Hall Park
Country Fair – July 4
Family Films at the Civic Center
Nutcracker Craft Boutique – weekend before Thanksgiving Page to Stage Playwrights Festival at Curtis Theatre
Pet Expo – April
Sister Cities-related events
Spring Craft Boutique – March
Tree Lighting – First Thursday in December
Veterans Day – November 11
Art in Public Places
9 works of art on City owned property
Arts & Cultural Assets in Brea
Kim-Olympic Rhythms by Natalie Krol, 1984
CULTURAL ARTS MASTER PLAN 27
Art in Public Places
170 mostly sculptural works on private property
School District
Brea Olinda Unified School District
Arts Related Businesses
Boccara Art Gallery specializing in Korean art
Brea Improv Comedy theatre
Fibo Kids Art Academy Art instruction
Inversion Dance Studios Pole dance studio
Moonlight Music Academy Music instruction
Pinot’s Palette Wine & painting
Pothier Studios Performer & recording studio
Regal Edwards BreaEast Cinema
Rhythm ‘N’ Dance Academy Dance studio
Shankara Dance Academy East Indian dance
Shilpi’s World Academy of Art Art instruction
Stage One Dance Studio Dance studio
Stagelight Performing Arts Dance & musical theatre instruction Studio 770 Recording studio
The Space Dance studio
United Choirs of Brea Several choir groups
Yeda Art Academy/Gallery Art instruction/Gallery
Artists
Ann Abe Japanese Tea Ceremony
Nicky Alice Visual artist
Yara Almouradi Visual artist
Melissa Beck Visual artist
Laura Cullen Visual artist
Susan Gresto Visual artist
T. Jared Hughes Vocalist & music teacher
Hyun Ae Kung Visual artist (owner of Yeda Art Academy)
Cecelia Lee Visual artist
Walter Lee Visual artist
Avahnil Lewis Visual artist
Nancy Schrieber-Smith Visual artist
Miyako Tachibana Japanese dance performer
Jim Vita Acoustic guitarist
Chloe Ward Visual artist
Jaime Zacarias Visual artist
Non-City Arts & Cultural Assets
28 CITY OF BREA
Cities rely upon a variety of sources of funding
to support their arts and culture programming,
depending upon their respective communities.

Public Funding
Federal
National Endowment for the Arts (NEA) is the
primary federal agency providing direct support to
the arts, and has multiple funding programs with
deadlines throughout the year. Grants are for projects, not general operating support, and are awarded
through a competitive process of staff and peer
panel review. With an annual budget of only about
$200 million to serve the entire nation, NEA grants
typically range from $10,000 to $50,000. Its “Our
Town” Grants Program awards up to $200,000 for
one-time signature creative placemaking projects.

All NEA grants must be matched on a dollar-for-dollar
basis with other funding, and payments are made
in arrears upon documenting expenses and
matching funds.

Congressionally Directed Spending Requests
(commonly referred to as “earmarks”) are requests
made by Members of Congress as part of the
discretionary spending portion of the annual federal
government budget. Earmarks were eliminated
for a number of years, but returned during recent
Congresses. Requests must be made through the
local Member of Congress, who usually receives
many such requests and is limited to proposing a
small number, not all of which will be funded. These
are generally one-time awards directed primarily to
significant initiatives, such as a building campaign.

The sums are generally in excess of $1 million.

State
California Arts Council (CAC) is the primary state
agency providing direct support to the arts, and has
multiple funding programs with deadlines throughout the year. Although there is no specific exclusion of municipal applicants, at present, the CAC is
targeting its funding to nonprofit arts organizations
with budgets under $3 million. Grant amounts
average in the $30,000 range. CAC funding policies
have changed frequently during the past few years, so
it is always best to check their website regularly for
any changes that might improve eligibility for cities.

District Spending Requests, similar to federal
earmarks, are available through State Senators and
Assemblymembers. They operate similarly to what
is described above.

County
County of Orange provided COVID-19 pandemic
relief funds to arts organizations and arts-related
businesses, including within the pre-2022 District 2
grants to cities to support their summer concerts.

County Supervisors also have discretionary funds
that they make available within their districts to
community organizations and endeavors—not only
for one-time capital projects (e.g. Orange County
Museum of Art, Discovery Cube) but for programs
as well (e.g. Veterans Storytelling Program).

Other Sources of Public Funding
Transient Occupancy Tax (TOT) and/or Business
Improvement District (BID): TOT is a hotel tax
levied per room night in many cities to support their
General Fund budgets. Many specify all or a portion
of this mechanism to fund the arts, based on the
premise that arts and culture attract visitors. Indeed, studies have shown that “cultural tourism” incents
visitors to add “room nights” to their stay, providing
increased economic benefit to the community—
and more hotel tax revenue. Where cities may rely
on TOT for other municipal needs, a BID may be
established. A class of visitor serving businesses
e.g. hotels) may vote to establish an additional
fee per room night that is administered by the city
like TOT, but specifically designating the funds
to generate tourism. Such BID funds are used to
support Visitor Bureaus, museums, performing
arts centers, as well as other arts and cultural
organizations. Such a BID was established more
than 20 years ago in Laguna Beach, with more than
$500,000 generated to fund the arts annually.

How Cities Fund the Arts
CULTURAL ARTS MASTER PLAN 29
Sympatico by John Kennedy, 1997
30 CITY OF BREA
Development Fee
Although widely known as a mechanism for
generating funds for permanent public art, as in
Brea, (commonly referred to as a “percent for art”
program), some cities utilize these funds for other
arts programs as well.

Private Funding
Foundations
Orange County, as a relatively young community,
has a dearth of private foundations. Further,
foundations generally focus their support on non-profit organizations and not government. Rare exceptions
are for important capital projects such as erecting
or renovating arts facilities owned and operated by
cities. Orange County Community Foundation has
grown to more than $1 billlion in assets and while
very little of its money is for discretionary grantmaking, a considerable number of its donor designated
funds are established by individuals with an affinity
for the arts. Grants from those funds are generally
at the instruction of the individual donors, and
based on established relationships they have with
nonprofit institutions.

Corporations
Some corporations have foundations for charitable
giving (see above). While corporate sector involvement in arts funding is quite limited, there may be local business community interest in supporting
some arts council activities through sponsorship.

In recent years, large corporations have recalibrated
their giving away from the arts to serve other
community needs, primarily for social services.

Individuals
Individual giving comprises the vast majority of
philanthropy in America, but the arts is one of the
smallest areas of such support. Further, individual
giving in the arts tends to be focused where donors
feel a personal connection to the art form. Because
Brea has a clientele of arts enthusiasts who attend
the Curtis Theatre and the Brea Gallery, it is worth
considering an analysis of its client base to identify
donor prospects with the means and interest to
support City of Brea arts programs with contributions at all levels.

Events
Like it or not, many donors are conditioned to give
only when there is an event they can attend. Many
nonprofits, including arts organizations, produce
an annual gala event to raise awareness and funds.

These may be a formal ball or are sometimes associated with the presentation of an arts event of note or the recognition of an artist or arts patron. Costs are
typically high for producing such events; a first-time
event might only net 25% of gross proceeds, though
once established, such events can net well over 50%.

Earned Revenue
Admissions
City of Brea already generates revenue from ticket
sales to events at the Curtis Theatre and admission
fees at the Brea Gallery.

Support Groups
“Friends of” auxiliary associations can be a valuable
resource for volunteers and for raising supplemental
funds to support city arts programs. This can involve
a non-voting membership that collects modest dues
and goals that involve supporting arts programs
through special events.

CULTURAL ARTS MASTER PLAN 31
Two sources provide some insight into the creative
economy of Brea.

The 2017 Creative Industries Report from Americans
for the Arts, based on data from Dun & Bradstreet,
identified 1,662 arts-related businesses and nonprofit
organizations employing 5,767 in California
Congressional District 39. Although the report is
not exclusive to the City of Brea (it includes other
cities in the district) and the district boundaries
have changed since the time of this report, the data
provides a helpful overview of the creative industries
contributing to the local economy. According to the
report, at that time (April 2017), the creative industries represented 4.1 Percent of all businesses and

1.8 Percent of all employees in Congressional
District 39.

Further, the Report states that these figures represent an “undercount” since the data are based solely on active U.S. businesses that are registered with
Dun & Bradstreet.

The 2023 Otis College Report on the Creative
Economy is an annual study (begun in 2007) that
provides statewide data highlighting five creative
industry categories (Architecture & Related Services,
Creative Goods & Products, Entertainment, Fashion,
Fine & Performing Arts). The 2023 Otis College
Report is based upon 2021 employment data from
publicly-available sources of information, and
includes businesses and nonprofit organizations.

The 2023 Report was prepared by CVL Economics,
a Los Angeles based research firm.

The Report provides “snapshots” of eight regions
across the state. City of Brea data is embedded in the
snapshot for the Southern California Region, which
includes all of Orange and Los Angeles counties.

Data specific to City of Brea is not broken out from
the aggregate in the regional snapshot.

The Otis College Report states the following: “Longerterm employment trends in Southern California’s creative economy have underperformed that of the
region’s overall economy. However, creative economy
employment has recovered faster than the economy
overall, increasing 4.0% versus 2.6%, respectively,
between 2020 and 2021. Between 2018 and 2021,
employment in Creative Goods & Products, Fashion,
and Fine & Performing Arts decreased about 20%
each, while employment in Entertainment and
Architecture & Related Services increased about 1%
each in this same period.” The full 2023 Otis College
Report on the Creative Economy may be found here:
https://www.otis.edu/creative-economy
Creative Economy of Brea
Pollination! by Dixie Friend Gay
32 CITY OF BREA
City of Brea Arts & Culture Survey Summary
Survey Data Details may be found in the Appendices
Respondents:

In general, the people who
choose to participate in
an arts and culture survey
can be expected to have
interest or involvement in
the creative and cultural
life of their community.
89% Say that arts, culture, cultural traditions or creativity are very important in their life
54% Claim they are essential
33% Have a committed creative practice
21% Have some level of a professional career
51% Participate in the arts as personal expression or a hobby 17% Don’t have a creative or cultural practice
Frequency of attending
or participating in
cultural activities
24% Monthly or more
56% Three to ten times per year
The top four cultural
activities that
respondents engage in.

A significant number of
people attend a wide range
of cultural events.
82% Music events
75% Theater and performance
66% Festivals
63% Visual arts events
The top four hands-on
creative or cultural
activities that
respondents participate
in or practice.
48% Creating visual art or sculpture
40% Crafting
38% Cultural traditions
34% Collecting
Total Responses 267 (264 English, 3 Korean, 0 Spanish)
CULTURAL ARTS MASTER PLAN 33
Ideas & Open Responses
Public Art
Forty-four percent of the survey participants know that the City of Brea has the highest number of public artworks on display in Orange County (more than 170 works) and that the public art program is funded entirely by the property owners.
• Best city I’ve ever lived in regarding art.
• Deeply Brea; historical, unique, gems around the city, and distinguished • We love the Art in Public Places!! It is one of the best programs that Brea offers. • I love seeing art around the city and sharing it with my family. • I adore it. Brea is the only city I’ve lived in that has public art. It’s special. I love to explore the city looking for all of the public art.
• I am proud of it and tell people from other towns about it. • It’s a treasure for the community.
• It is a great way to show our children different art throughout our city and to educate them in art The top three reasons
why respondents take
part in arts and cultural
opportunities
1 To socialize and have fun
2 To have an educational experience
3 To foster well-being for themselves or family
When asked their general
impression of the City’s
public art, the responses
were overwhelmingly
positive
72% Comments expressed enthusiastic appreciation
30% Comments noted how public art sets Brea apart from
other communities and makes them proud to live there
17% Don’t have a creative or cultural practrice
2% Comments expressed a dislike for the artworks
34 CITY OF BREA
There were a number of comments that indicated the need to raise awareness of the city’s public art, from folks expressing they didn’t know about the program, to others saying the works of art weren’t always noticeable, to a significant number of people commenting that they wished there was a guide or QR code signage that provided more information. A few comments reflect some confusion over the City’s role, with some assumptions that the public pays for the art works or that the City directs the aesthetic decisions.
• Love it! It would be great to have more info on each piece next to the public art or a QR code so someone could look up info.
• Although I know about it, the art pieces could be highlighted better with lighting, signage nearby, and a better interactive map. Maybe highlight new art pieces in Brea Line if not already? • Very good but need a booklet with art work, creator information, exact location and even better to be taken on the Brea trolley as the Christmas trolley paying a fee and given a booklet about the art work! Good money maker for Brea Cultural Art Dept!
There were a significant number of comments appreciating the variety of the art works, with a general acceptance that it wasn’t necessary to like all of the pieces to appreciate the positive impact program.
• I love it! There is a wide variety to suit all tastes. • Love that there is a collection. Feel it adds to the vibe of the city. I don’t like all of them. But, that’s the nature of art.
• I enjoy the different styles and expression made by the different artists. • Some of the sculptures are odd and some are quite beautiful but I think that follows art in general. • I like most of it. Some is not my taste but the idea of having art on public display in Brea makes it a special place!
• It’s cool. It makes us unique. I would love to have a more easily accessible map with information on each so I could take my own tour with family.

CULTURAL ARTS MASTER PLAN 35
• A larger venue is badly needed. Many shows are sold out on the day that tickets are released, such as youth performances.
• An outdoor arts space where on Friday nights musical acts and food trucks could come. • An outdoor stage to be used for movie nights and concerts (watching a movie off Birch is not a great experience with cars passing by)
And survey takers contributed numerous ideas as well. Some were hoping to have more opportunities for local artists, to enliven the program through different artforms, or to have art works that reflect the indigenous cultures of the area. And several people saw the opportunity to leverage the public art into guided tours, or to connect them through walking and biking routes. • It’s very diverse and somewhat reflective of the culture and history of Brea. I think it’s missing the native origins of the area, however.
• It’s fabulous. I wish there were more opportunities for local artists. • Impressive yet hoping for another angle of investment by developers — at this point, we have so many sculptures — commission local artists, invest in “living, interactive” projects that impact community beyond visually.
• I feel we need more of it, and I think we need to create walking paths to be able to connect all of the art through the city. I would also love to see more murals.

Types of venues that
respondents would like
to have in Brea
58% A fine arts center with exhibition and classroom spaces 45% A makerspace offering shared equipment and classes
33% An indoor performance venue larger than Curtis Theatre for music, theater, dance, films, and lectures
And an outdoor amphitheater
Venues
Types of cultural art venues not currently in Brea that respondents thought would be important additions to meet the growing needs of the City’s residents and visitors 36 CITY OF BREA
The cast of The Musical Comedy Murders of 1940 (Brian Fichtner, Amanda DeMaio, Barney Evans, Shelby Perlis, Christine Cummings, Terri Mowery, Brian Pirnat), October 2023, (Photo: Francis Gacad).

CULTURAL ARTS MASTER PLAN 37
The consultant assembled a list of key stakeholders with input from the Steering Committee, City staff, and from key stakeholders. A total of 31 agreed to participate in individual interviews with the consultant. They included current and former members of the City Council, City staff, local business, education and cultural leaders. The following is a list of interviewees:

Yara Almouradi, Artist
George Avery, Fire Chief, City of Brea
Phil D’Agostino, Assistant Superintendent, Educational Services, Brea-Olinda Unified School District Katie Chidester, Gallery Director, Community Services, City of Brea Laura Cullen, Artist
Chris Emeterio, Assistant City Manager, City of Brea
Bill Gallardo, City Manager, City of Brea
Adam Hawley, Police Chief, City of Brea
Michael Ho, Public Works Director, City of Brea
Cecilia Hupp, Councilmember, City of Brea
Kristofer Kataoka, Theatre Manager, Community Services Supervisor, City of Brea Nancy Lee, Anseong, Korea Sister Cities Committee
Brinda Leon, Superintendent, Brea-Olinda Unified School District Christine Marick, Mayor, City of Brea
Waad Nadhir, Owner, BOSC Realty Advisers & Board Member, Brea Chamber of Commerce Eric Padilla, Owner, Palatable Promotions & Brea Chamber of Commerce Board President John-Michael Patino, Hanno, Japan Sister Cities Committee Bev Perry, Former Mayor, City of Brea
Liz Pharis, Communications & Marketing Manager/Public Information Officer, City of Brea Kris St. Clair, City of Brea Public Art Committee
Lacy Schoen, CEO, Brea Chamber of Commerce
Linda Shay, Director, Brea Museum
Danillo Serannilla, Branch Librarian, Orange County Public Libraries, Brea Branch Marty Simonoff, Councilmember, City of Brea
Dena Sommer, Co-Creator, Brea Public Art Website
Blair Stewart, Mayor Pro Tem, City of Brea
Kristin Steyerman, Supervisor, Special Events and Sister Cities, City of Brea Terry Sullivan, Co-Creator, Brea Public Art Website
Shawn Tan, Owner, Social Liite
Steven Vargas, Councilmember, City of Brea
Wayne Wedin, Former Brea City Manager & Councilmember
Key Stakeholders Interviewed
38 CITY OF BREA
Arts Orange County is the leader in building appreciation of, participation in, and support for the arts and arts education in Orange County, California. Founded in 1995, it is designated by the Board of Supervisors as the official local arts agency and State-Local Partner for the County of Orange.

In addition to traditional arts council programs and services, Arts Orange County provides consulting services to arts organizations, higher education, local, county and state government in the areas of grantmaking, cultural planning, and public art project management.

Richard Stein, President & CEO
Patrick Brien, Vice President & COO
About the Consultant
17620 Fitch, Suite 255
Irvine CA 92614
714.556.5160 | ArtsOC.org
For This Project:

Pat Gomez
Lead Public Art Specialist
Tracy Hudak
Facilitator & Researcher
Karin Schnell
Municipal Arts Specialist
Victor Payan
Community Engagement Specialist
Ashley Bowman
Public Art Specialist
CULTURAL ARTS MASTER PLAN 39

APPENDICES
40 46
55 56
Art in Public Places – Evaluation & Recommendations
Cultural Arts Master Plan Community Survey Data
Ten Reasons for Supporting the Arts
Arts & Culture in Prior City of Brea Plans
40 CITY OF BREA
City of Brea
Art in Public Places - Evaluation and Recommendations
The City of Brea is a recognized leader in the establishment of an ordinance and process for developers to participate in the cultural enrichment of the City through its Art in Public Places requirement established in 1975. This requirement has provided for the installation of over 185 freestanding sculptures adorning private developments throughout.

While the establishment of the program pre-dates other California cities and reflects the progressive foresight of the Brea City Council at that time, there is room for recommendations to update the program to reflect current best practices. The success of the program has generated many sculptures in a confined city limits square mile footprint. This has resulted in an abundance of sculptures, and leaves room for updates to include other forms of public art and additional funds for the City to draw upon for an expanded and dynamic range of arts and culture programming.

The following will identify current City of Brea practices, examples of alternative policies from other agencies, and recommendations for updates to the Art in Public Places (APP) program.

Developer Options for APP Compliance (Sculpture vs. In-lieu Payment) The APP ordinance requirement is triggered when applicable construction activity reaches the eligible project threshold of a $1.5 million development building value, with a compliance of 1% of the building value assessed.

Development projects with a building value of $1.5 million to $3,999.999 have the choice of the APP requirement being satisfied by installing permanent sculpture or paying the requirement value into Brea’s Art Fund.

Development projects with a building value of $4 million or more must satisfy the APP requirement by installing permanent sculpture which must be freestanding, made of permanent materials, and have a measurement of a minimum of 5 feet length in one dimension.

Brea’s $1.5 million building valuation threshold and the 1% requirement for APP is consistent with the field and no recommended adjustments for this aspect of the program are given.

However, other agencies maintain an open requirement option regarding developer compliance choices, allowing payment into a public art special fund for any building value triggering a private development art requirement. In other words, all developments incurring a requirement have the option of paying the fee in-lieu or completing a public art project, regardless of the building valuation. This open compliance choice is combined with an array of choices of public art projects allowable for compliance, allowing developers access to public art types that can enhance the buildings under construction in innovative and exciting ways.

CULTURAL ARTS MASTER PLAN 41
Thresholds for Compliance Options:

At 1% of the project value, the current $4,000,000.00 threshold minimum requiring the completion of a public art project establishes a minimum public art project budget of $40,000.00. At the current cost of permanent materials and fabrication, $40,000.00 does not represent an adequate budget for an impactful artwork of a monumental nature for a program of this type. Percent for art project permanent artwork budgets typically start at $100,000.00, with budgets topping out a $1M or more.

Recommendation:

1. Remove the threshold mandate requiring a permanent artwork to be pursued and allow for all developments incurring the APP requirement to choose the in-lieu option for compliance. This report will detail possibilities and advantages to removing the APP public art project mandate.

2. Or should the City choose to maintain a threshold mandate for developers to complete a public art project, then it is recommended that the City raise the threshold for the requirement of a public art project to $10 million, with an annual adjustment equal to the Consumer Price Index changes for Orange County to stay in line with inflationary costs of materials and labor. This will establish the minimum budget for a required permanent artwork at $100,000.00.

Use of Brea’s Art Fund
Brea’s Art Fund (paid in-lieu fees) is used to support public art projects on public lands.

This has been utilized to support permanent public art projects. Other agencies have a wider fund usage allowability that enables and encourages those cities to fund a wide range of projects and programs bringing in more opportunities for innovative pursuits.

Examples of this are as follows:

Pasadena: Developers with any compliance requirement can pay in-lieu. Trust Fund monies support cultural initiatives including grants to arts organizations, new public art (permanent and temporary) and other special initiatives of the Arts Commission.

Culver City: Developers with any compliance requirement can pay in-lieu. Cultural Trust Fund monies support maintenance of City public art, creation of new public art, sponsorship of performing arts, other City produced cultural programs.

City of Los Angeles: Developers with any compliance requirement can pay in-lieu. Funds paid in-lieu are expended according to the ordinance and the Cultural Masterplan and are utilized to support and create city-wide initiatives that benefit the general public. 42 CITY OF BREA
Los Angeles County: Developers with any compliance requirement can pay in-lieu. Funds paid-in lieu are used to support new public art (permanent and temporary), Arts and Culture programming, conservation of public art, and artistic facilities.

By allowing for the in-lieu option to be utilized by all (in the case of removing the public art project mandate), or more developers (by raising the threshold for a public art mandate), the Brea Art Fund will have an increased balance that the City can utilize for new programs and projects.

Examples of the types of projects that can be pursued include the development of dynamic temporary public art spaces such as the rotating sculpture exhibit at the Newport Beach Civic Center Park, or the creation of designated walls that can host rotating murals created by the community. Other areas of fund use embraced by municipalities include special programs, events, and performances located in parks and other non-traditional spaces. This allows for the City to have a fund balance that allows for new opportunities to be pursued.

Recommendation:

It is recommended that the Art Fund usage be expanded to allow for temporary and permanent public art, and arts programing serving the Brea community.

Developer Options for APP Compliance (Types of permanent public art projects) The Brea public art ordinance limits developers to the creation of free-standing sculpture.

A review of the artworks created through the program has identified that there is a fair amount of uniformity of sculpture type, with the repeated use of artists for multiple projects. For example, a quick review identified over 80 projects that reflected similar abstract design attributes.

This similarity can indicate that the artwork installed does not exhibit site specificity and may not have as positive an aesthetically enhancing relationship to the development as possible.

Also, the field of public art has blossomed in the intervening years since the 1975 ordinance was established. The innovation within the public art realm is exciting and evolving and fewer artists are pursuing traditional sculpture as a practice. The artist identification restrictions requiring an artist have traditional freestanding sculpture experience limits the artist pool greatly and creates a barrier to participation for the full diversity of artists. The allowance of permanent art projects with an open allowability of project types can also encourage developers with lower compliance requirements to participate in public art as their lesser budgets can support small scale but impactful art moments within a building’s architecture.

Ways in which other programs identify eligible public art projects include:

Dana Point: Sculpture, paintings, graphic arts, mosaics, photographs, fountains, decorative arts, film and video, and preservation of features or resources of historical, archaeological or paleontological significance.

CULTURAL ARTS MASTER PLAN 43
Laguna Beach: Art including, but not limited to, the following media and materials:
(1) Freestanding, wall supported or suspended, kinetic, electronic, or other type sculpture, in any material or combination of materials;
(2) Murals or portable paintings in any material or combination of materials, with or without collage or the addition of nontraditional materials or means; (3) Earthworks, fiberworks, neon, glass, mosaics, photographs, prints, calligraphy, any combination of forms of media including sound, film, holographic and video systems, hybrids of any media and new genres.

Recommendation:

The recommendation is to allow developers to integrate art into their projects through an expanded range of artwork types, with a change to the artist approval from artists with sculpture experience to artists with permanent public art experience.

This includes the update of Brea’s allowable permanent public art as defined in the policy language to the following, with all mentions limiting the art type being changed from “sculpture” to “public artwork”:

Original artist designed permanent artwork in a wide range of styles, materials, types, and methods, including functional and non-functional elements, both freestanding and integrated into the building’s architecture.

APP and Eligible Costs
Public art creation is a team effort and includes the work of fabricators, art conservators, engineers and other arts professionals. The APP Policy Manual lists the services of these experts as allowable expenses, consistent with the field.

An inconsistency in the statements of eligible costs was identified in the manual:

O. Public Art Expert and Community Input
For some proposed sculpture, input by third party experts (e.g. engineers, art conservators, etc.) may be requested by the City or the Committee. The Committee may also request input from the community at large. The expense for these services is to be borne by the developer and cannot be credited toward the sculpture allocation.

Recommendation:

It is recommended that the last sentence be removed, and these expenses be allowable for project expense credit.
44 CITY OF BREA
APP and Public Art Maintenance
The ongoing proper maintenance of an artwork is the single most important aspect of maintaining the beauty and value of an artwork. The APP Policy and Manual requires that a Comprehensive Maintenance Plan be provided as part of the Developer’s proposed project submission documents. The requirement does not specify if an art conservator is required to participate in the development of the form for submission. While artists are expert in the design of their work, many public artists do not fabricate their own artwork or have in-depth knowledge of the long-term maintenance requirements of the artwork materials.

Professional art conservators have undergone extensive training regarding the care, methods, and materials of artworks. They must ensure all treatment performed on artwork follows the American Institute for Conservation of Historic and Artistic Works (AIC) code of ethics and guidelines for practice.

While it is not necessary for an art conservator to perform all artwork maintenance procedures, it is important and consistent with the field for an art conservator to participate in the early identification of artwork materials, installation methods, maintenance products, and the identification of the proper methods to be performed by others.

Recommendations:

1. It is recommended that the following currently required maintenance plan information be mandated to be satisfied through a professional art conservator’s materials and fabrication review and report:

The Comprehensive Maintenance Plan shall include:
• Methods of cleaning, including the type of cleaning agent(s) and tools to be used (be specific); how to apply cleaning agents, wax, or other materials; number of coats and drying time; whether the work can be performed by a general maintenance service or must be performed by a professional art conservation service.

2. Additionally, as materials can be incompatible when in contact (such as mixing metals in an artwork construction), it is recommended that the Conservator’s material and fabrication review and report include the following:
•Materials, fabrication, and installation plan review for permanence, identification of potential condition issues, and ease of maintenance.

3. It is recommended that a pre-qualified list of art conservators be established to aid developers in the identification of qualified professionals to participate in maintenance manual development and to perform conservation services when appropriate.

CULTURAL ARTS MASTER PLAN 45
APP and Artists Rights
Any entity engaging in the process of commissioning an artist for a public art commission should be aware of the artists rights laws that govern the copyright, and the removal, alteration, or destruction of an artwork. Indeed, since the enactment of these laws, their reach has been confirmed and expanded through a series of court decisions.

The APP has an extensive breakdown of the laws and includes items that summarize aspects of the laws with interpretations of the language contained therein. Important legal passages such as the requirement that 90 days written notice be given to an artist prior to the removal, alteration, or destruction of an artwork is not included.

Importantly, there is a passage in the APP that does rightly include the recommendation that the artist and/or owner consult a lawyer specializing in visual art and copyright laws for information about the laws and their applicability.

However, the inclusion of additional passages describing works covered, removal of art, etc., crosses into the realm of interpretation of the laws, and as these aspects can be fluid due to case law, it is highly recommended that these passages be removed from the APP manual.

Recommendation:

It is recommended that the following replace the current “Visual Arts Laws for Artists and Sculpture Owners” section with the review and approval of the Brea City Attorney:

Visual Arts Laws for Artists and Public Art Owners
Several federal and state laws protect the rights of visual artists and art owners. Among other aspects, these laws include artwork copyright, use of image, alteration, removal, or destruction of artworks and notice to artists.

The following may be a partial listing as the field is dynamic and evolving. For more details, the City recommends that the artist and/or owner consult a lawyer specializing in visual art and copyright laws for information regarding the laws and their applicability.

NOTE: The laws and codes cited in this Appendix are subject to change without prior notice. • 1980 California Art Preservation Act (CAPA), California Civil Code Section 987 et seq. (Applies to artwork sold or created after 1980.)
• The Federal Visual Artists Rights Act of 1990 (VARA) 17 USC Sections 101, 106A, 107, 113, 301, 411, 412, 501, 506, amends copyright law providing new rights for visual artists for artworks sold or created after June 1, 1991.

The Register of Copyrights has established a system of records whereby the artist of work that has been incorporated in or made part of a building can record their artwork copyright. Please note that while it is recommended that an artist register their work, unless rights are transferred or assigned to others in writing, an artist retains their copyright whether or not it has been registered. For more information:
https://www.copyright.gov/registration/visual-arts/
46 CITY OF BREA
Conducted September 27-November 15, 2023
TOTAL RESPONSES 267
English 264
Korean 3
Spanish 0

Q1. How important is art, culture, cultural traditions or creativity in your life? Answer Choices Responses
Essential 54% 143
Very important 31% 82
Somewhat important 14% 36
Not important 1% 3
Q2. Which of the following cultural activities do you or your family ATTEND? (select all that apply)
Answer Choices
Music events
Theater & Performance events
Festivals
Visual art events
Film & Animation
Cultural traditions or events related to your culture or ethnicity Culinary events
Cultural traditions or events related to other cultures and ethnicities Dance events
STEAM events (Science, Technology, Engineering, Arts, Math) Classes & Lectures on culture
Renaissance Faires, ComiCon, CosPlay
Literary, poetry, hip hop events
Other (please specify)
Q2 Notable Responses:

Fine Art Classes. We have to go all the way to City of Irvine Fine Arts for this because Brea does not offer the same types of classes.

Bonsai Exhibits and Fairs
African American culture and history
Patriotic Events to celebrate our Country
Comedy. Art lectures
Q3. Which of the following hands-on creative or cultural activities do you or your family PRACTICE or PARTICIPATE IN? (select all that apply) SUMMARY City of Brea Cultural Arts Master Plan Survey
CULTURAL ARTS MASTER PLAN 47
Answer Choices Responses
Create visual art or sculpture 48% 128
Crafting, quilting, knitting, scrapbooking 40% 107
Participate in cultural traditions 38% 102
Collect art, cultural or historical objects 34% 90
Writing - creative or nonfiction 31% 82
Create music or song 24% 65
Make artisanal foods, wine beer, etc 24% 65
Create fashion or jewelry-making 18% 49
Create theater or comedy 18% 47
Create film or video - Movie-making, animation, Tik-Tok 18% 47 Create digital media or video games 17% 46
Create graphic design 16% 43
Create dance - formal or social 16% 42
Create community or group art projects 15% 41
Design or build functional art 13% 36
Other (please specify) 12% 31
Design architecture or landscapes 10% 26
Q3 Notable Responses:

Bonsai Design
Karaoke
Hair Design and Sculpting
Music video entertainment/teachings “homilies”
Folk storytelling
Pour Art, Resin work
Art journaling
Live Action Role Play
Participate in an orchestra
Create centerpieces-crafts
Urban sketching
Fine Art Classes. We have to go all the way to City of Irvine Fine Arts for this because Brea does not offer the same types of classes.

Bonsai Exhibits and Fairs
African American culture and history
Patriotic Events to celebrate our Country
Comedy. Art lectures
Q3. Which of the following hands-on creative or cultural activities do you or your family PRACTICE or PARTICIPATE IN? (select all that apply) 48 CITY OF BREA
Q4. If you consider yourself an artist, musician or culture bearer, at what level of professionalism would you describe your creative practice? Answer Choices Responses
I don't have a creative or cultural practice 17% 44
Personal expression/Hobby 51% 134
Committed practice (time devoted to training, creating and sharing work) 11% 29 Emerging professional career (beginnings of career or professional pursuit) 5% 12 Mid-career professional (established body of work, regional or national reach) 7% 18 Established professional (mature stage of career) 9% 24 Q5. Over the course of a typical year, how often would you say that you attend or participate in arts and culture events or activities?
Answer Choices Responses
Not at all 2% 6
1-2 times a year 18% 48
3-5 times 32% 86
6-10 times 24% 63
11 times or more 24% 63
Q6. What are the reasons that you participate in arts & culture opportunities? Please RANK the list below in order of importance to you by moving the selections from most important (top) to least important (bottom)
Score
To socialize and have fun with friends or family 4.71 | 5.5 To have an educational experience for myself or family

4.57 |

6.25 To foster well being in myself or family 4.37 | 3.5 To support a friend or family member involved in the arts 3.88 | 3.5 To support an important organization or event in the community 3.77 | 2.0 To feel connected to my community

3.63 |

3.75 To meet new people or have new experiences 3.07 | 3.5 ENG + KOR
Eng |
Korean
CULTURAL ARTS MASTER PLAN 49
Q7. Do you attend any of the following types of performances at the Curtis Theatre? (check all that apply)
Answer Choices Responses
Plays/Musicals 48% 127
Children’s Theatre 24% 64
Concerts 29% 77
Comedy 16% 44
Holiday Performances 22% 58
None 40% 107
Q8. Do you attend exhibits at the Brea Art Gallery?
Answer Choices Responses
Yes 64% 170
No 36% 97
Q9. Do you attend any of the following special events in the City of Brea? (check all that apply)
Answer Choices Responses
Brea Fest 56% 149
Concerts in the Park 44% 117
Country Fair 39% 103
Spring Craft Boutique 35% 94
Nutcracker Craft Boutique 31% 84
Tree Lighting Ceremony 30% 81
Summer Family Films 20% 53
Veterans Day Ceremony 15% 41
Pet Expo 13% 34
None 18% 48
Q10. How aware are you of the public artworks on display throughout the City of Brea? Q11. What is your general impression of the public art found in Brea? Q12. Did you know that the City of Brea has the highest number of public artworks on display in Orange County (more than 180 works) and that the public art program is funded entirely by the property owners?
Yes 44%
No 56%
Q7. Do you attend any of the following types of performances at the Curtis Theatre? (check all that apply)
Answer Choices Responses
Plays/Musicals 48% 127
Children’s Theatre 24% 64
Concerts 29% 77
Comedy 16% 44
Holiday Performances 22% 58
None 40% 107
Q8. Do you attend exhibits at the Brea Art Gallery?
Answer Choices Responses
Yes 64% 170
No 36% 97
Q9. Do you attend any of the following special events in the City of Brea? (check all that apply)
Answer Choices Responses
Brea Fest 56% 149
Concerts in the Park 44% 117
Country Fair 39% 103
Spring Craft Boutique 35% 94
Nutcracker Craft Boutique 31% 84
Tree Lighting Ceremony 30% 81
Summer Family Films 20% 53
Veterans Day Ceremony 15% 41
Pet Expo 13% 34
None 18% 48
Q10. How aware are you of the public artworks on display throughout the City of Brea? Q11. What is your general impression of the public art found in Brea? Q12. Did you know that the City of Brea has the highest number of public artworks on display in Orange County (more than 180 works) and that the public art program is funded entirely by the property owners?
Yes 44%
No 56%
Q7. Do you attend any of the following types of performances at the Curtis Theatre? (check all that apply)
Answer Choices Responses
Plays/Musicals 48% 127
Children’s Theatre 24% 64
Concerts 29% 77
Comedy 16% 44
Holiday Performances 22% 58
None 40% 107
Q8. Do you attend exhibits at the Brea Art Gallery?
Answer Choices Responses
Yes 64% 170
No 36% 97
Q9. Do you attend any of the following special events in the City of Brea? (check all that apply)
Answer Choices Responses
Brea Fest 56% 149
Concerts in the Park 44% 117
Country Fair 39% 103
Spring Craft Boutique 35% 94
Nutcracker Craft Boutique 31% 84
Tree Lighting Ceremony 30% 81
Summer Family Films 20% 53
Veterans Day Ceremony 15% 41
Pet Expo 13% 34
None 18% 48
Q10. How aware are you of the public artworks on display throughout the City of Brea? Q11. What is your general impression of the public art found in Brea? Q12. Did you know that the City of Brea has the highest number of public artworks on display in Orange County (more than 180 works) and that the public art program is funded entirely by the property owners?
Yes 44%
No 56%
Out of the 233 responses, 72% said they loved it while 15% said they were unaware.

There was a 2% response from people who felt negatively.

This was a sliding scale question, with the average answer among the more than 260 responses being, “In general, more than somewhat aware.”
50 CITY OF BREA
Q13. How do you watch the City of Brea’s Government Access Channel? (check all that apply)
Answer Choices Responses
Spectrum TV Channel 3 11% 30
AT&T U-verse Channel 99 1% 2
Live Stream on City Website 6% 17
YouTube 8% 21
I do not watch the Government Access Channel 78% 206
Q14. Upon what sources of information do you most rely to find information about arts and culture events? (check all that apply)
Answer Choices Responses
Social networks (i.e. Facebook, Twitter, Instagram, etc.) 57% 151 Online searches 51% 136
Word of mouth (friends/family) 50% 133
City of Brea website or app 49% 131
Email notices 39% 103
Mailers and flyers 30% 81
Facebook ads and events 18% 48
Orange County Register 13% 35
Online Calendars or Newsletters 12% 33
Los Angeles Times 10% 26
Eventbrite 7% 19
TV 5% 13
Voice of OC 4% 12
Ticketmaster 3% 9
Culture OC 3% 7
Korean language newspapers 1% 4
Radio 1% 4
Spanish language radio 1% 2
Spanish language newspapers 0% 1
Korean language radio 0% 1
Any other good sources of arts & cultural information you'd like to suggest? 7% 20 CULTURAL ARTS MASTER PLAN 51
Q14 Other responses
Playbills or programs from performances both in Brea and other local performing arts centers City of Brea Brea Line Newsletter - mentioned 5x
Civic Center sign
Make the Brea website more user friendly, informative and uptodate. The search function is very poor. It is almost impossible to find anything there - especially in regards to ant upcoming events. Last year I accidentally found out about the tree lighting ceremony. And we loved it!
Fullerton College
Art workshops
Hearing about it while volunteering
Community center
Driving through town seeing banners and cones blocking traffic while they set up Emails are great. They get in front of me.

Nextdoor
Brea Buzz
Goldstar, Groupon
Would love to know more, mainly see in The Brea Line
Q15. Which of the following arts and culture venues not currently available in Brea do you believe would be important additions to meet the growing needs of the City's residents and visitors?
Answer Choices Responses
A fine art center for the visual arts with classrooms, art studios and exhibition space for use by members of the community 58% 128
A Makers' Space with shared equipment and classes 45% 99 An indoor venue to accommodate music, theatre, dance, films and lectures that is larger than Brea’s Curtis Theatre 33% 73
An outdoor sculpture garden 29% 64
Community Technology Center that provides classes on digital production and design 26% 57 A "show-mobile" (a portable stage that can be moved around to host events at a variety of locations. 25% 56
Anything else you'd like to suggest? 20% 45
Q16. Which of the following programs do you think would increase public involvement in the arts in Brea? [CHOOSE 3 PROGRAMS that you think would would be most effective] Answer Choices Responses
Produce showcases or festivals featuring local artists or performers 71% 157 Offer a website that provides listings of arts and cultural events citywide 65% 144 Produce pop-up events that activate public spaces or businesses 63% 140 Provide additional showcases for the city’s creative youth 42% 94 Ensure that local and regional press are covering arts and culture news 41% 90 Present or produce other arts and cultural programs not already offered in the city. Please provide example: 18% 40
52 CITY OF BREA
Q17. Which of the following services do you think would be most effective in supporting artists and arts organizations in Brea? [CHOOSE 3 SERVICES that you think would would be most effective]
Answer Choices Responses
Provide free or inexpensive art studios, exhibit space, or performance space 65% 143 Provide website that lists resources (grants, jobs, calls to artists or auditions, spaces to rent) 56% 124
Provide website directory of artists and cultural organizations 46% 102 Provide professional development or learning opportunities 40% 88 Provide grants to artists and arts organizations 38% 83 Provide networking opportunities 30% 67
Facilitate connections to creative industry jobs 21% 46 Other ideas (please specify) 5% 10
Q18. Which strategies do you think should be undertaken to ensure the sustainability of the arts in Brea?
Answer Choices Responses
Partner with businesses and educators to develop creative workforce apprenticeship programs 48% 106
Build a diverse alliance of arts & culture advocates 46% 103 Involve more young people in leadership opportunities 46% 102 Develop collaborative resources - arts incubator space, shared business models or other ways to share costs and come together 39% 86
Support paid collaborations between arts providers and other sectors (business, government, health care) 37% 82
Provide leadership to increase public and private investments 35% 78 Prioritize funding for small organizations and emerging organizations 29% 65 Q19. How could the city be more inclusive in its arts and culture offerings? CULTURAL ARTS MASTER PLAN 53
Q20. What is your age?
Answer Choices Responses
Under 18 3% 7
18 - 24 3% 6
25 - 34 13% 27
35 - 44 29% 63
45 - 54 18% 39
55 - 64 15% 32
65 - 74 14% 31
75 or above 5% 11
Q21. What is your gender?
Answer Choices Responses
Female 76% 160
Male 22% 47
Non-binary 1% 3
Prefer not to answer 4% 9
Q22. Do you have school-age children living at home?
Answer Choices Responses
Yes 41% 90
No 59% 127
Q23. Approximately, what is your total household annual income? Answer Choices Responses
$39,999 or less 5.95% 10
$40,000 - $69,999 10.71% 18
$70,000 - $99,999 12.50% 21
$100,000 - $149,999 27.38% 46
$150,000 - $200,000 18.45% 31
$200,000 or more 25.00% 42
Prefer not to answer 22.69% 50
Q24. What is your highest level of education?
Answer Choices Responses
Some high school 3% 6
High School or equivalent degree 3% 6
Some college, no degree 8% 17
2 year associate’s or technical
degree 6% 12
Bachelor’s degree 37% 80
Graduate or professional degree 42% 92
Prefer not to answer 6% 12
54 CITY OF BREA
Q25. How do you identify your background? (check all that apply) Answer Choices Responses
American Indian or Alaska Native, alone 2% 3
Asian or Asian-American, alone 21% 39
Black or African American, alone 2% 3
Chicano, Hispanic or Latino, regardless of
race 19% 36
Native Hawaiian and Pacific Islander, alone 1% 2
Other race, alone 2% 3
White alone, not Chicano, Hispanic or Latino 55% 104
Prefer not to answer 13% 29
Q27. Are you a disabled person?
Answer Choices Responses
Yes 4% 7
No 97% 194
Prefer not to answer 9% 20
Q28. Do you work in or own a business in Brea?
Answer Choices Responses
Yes 36% 75
No 64% 133
Prefer not to answer 6% 13
Q29. If you live in Brea, how long have you lived here
Answer Choices Responses
Do not live in Brea 30% 64
1 - 4 years 11% 24
5 - 10 years 19% 40
11 - 20 years 14% 30
20 - 30 years 13% 28
over 30 years 12% 26
CULTURAL ARTS MASTER PLAN 55
10 Reasons to Support the Arts (2019)
The arts are fundamental to our humanity. They ennoble and inspire us—fostering creativity, goodness, and beauty. The arts bring us joy, help us express our values, and build bridges between cultures. The arts are also a fundamental component of a healthy community—strengthening them socially, educationally, and economically—benefits that persist even in difficult social and economic times.

1. Arts improve individual well-being. 69 percent of the population believe the arts “lift me up beyond everyday experiences,” 73 percent feel the arts give them “pure pleasure to experience and participate in,” and 81 percent say the arts are a “positive experience in a troubled world.”

2. Arts unify communities. 72 percent of Americans believe “the arts unify our communities regardless of age, race, and ethnicity” and 73 percent agree that the arts “helps me understand other cultures better”—a perspective observed across all demographic and economic categories.

3. Arts improve academic performance. Students engaged in arts learning have higher GPAs, standardized test scores, and collegegoing rates as well as lower drop-out rates. These academic benefits are reaped by students regardless of socio-economic status.

Yet, the Department of Education reports that access to arts education for students of color is significantly lower than for their white peers. 91 percent of Americans believe that arts are part of a well-rounded K-12 education.

4. Arts strengthen the economy. The production of all arts and cultural goods in the U.S. (e.g., nonprofit, commercial, education) added $804 billion to the economy in 2016, including a $25 billion international trade surplus—a larger share of the nation’s economy (4.3 percent) than transportation, tourism, and agriculture (U.S. Bureau of Economic Analysis). The nonprofit arts industry alone generates $166.3 billion in economic activity annually—spending by organizations and their audiences—which supports 4.6 million jobs and generates $27.5 billion in government revenue.

5. Arts drive tourism and revenue to local businesses. Attendees at nonprofit arts events spend $31.47 per person, per event, beyond the cost of admission on items such as meals, parking, and babysitters—valuable commerce for local businesses. 34 percent of attendees live outside the county in which the arts event takes place; they average $47.57 in event-related spending.

Arts travelers are ideal tourists, staying longer and spending more to seek out authentic cultural experiences.

6. Arts spark creativity and innovation. Creativity is among the top 5 applied skills sought by business leaders, per the Conference Board’s Ready to Innovate report—with 72 percent saying creativity is of high importance when hiring. Research on creativity shows that Nobel laureates in the sciences are 17 times more likely to be actively engaged in the arts than other scientists.

7. Arts drive the creative industries. The Creative Industries are arts businesses that range from nonprofit museums, symphonies, and theaters to for-profit film, architecture, and design companies. A 2017 analysis of Dun & Bradstreet data counts 673,656 businesses in the U.S. involved in the creation or distribution of the arts—4.01 percent of all businesses and 2.04 percent of all employees. (Get a free local Creative Industry report for your community here.)

8. Arts have social impact. University of Pennsylvania researchers have demonstrated that a high concentration of the arts in a city leads to higher civic engagement, more social cohesion, higher child welfare, and lower poverty rates.

9. Arts improve healthcare. Nearly one-half of the nation’s healthcare institutions provide arts programming for patients, families, and even staff. 78 percent deliver these programs because of their healing benefits to patients—shorter hospital stays, better pain management, and less medication.

10. Arts for the health and well-being of our military. The arts heal the mental, physical, and moral injuries of war for military servicemembers and Veterans, who rank the creative arts therapies in the top 4 (out of 40) interventions and treatments. Across the military continuum, the arts promote resilience during pre-deployment, deployment, and the reintegration of military servicemembers, Veterans, their families, and caregivers into communities.

Source: Americans for the Arts
56 CITY OF BREA
Arts & Culture in Prior City of Brea Plans
Brea Envisions 2017:

LEISURE AND CULTURE
Value | Enhance and Promote Cultural Ameni=es
There is a need to develop and maintain various cultural ac=vi=es that are directed toward all age groups from toddlers to seniors. This would allow social interac=on between ci=zens of different age groups and would also allow them to share in cultural ac=vi=es. Community events that encourage such social interac=on will enable community members to meet and get to know each other.

Ini=a=ve
Promote cultural ac=vi=es and facili=es. City services have played a crucial role in crea=ng this reputa=on and are important for Brea’s future. Build upon the strong and dis=nc=ve image as a City that encourages and supports the arts and engages in and supports communitywide events.

Reach out to the public to make Brea a “go to” cultural and entertainment des=na=on for residents as well as visitors.

Promote Brea’s Sister City program and ac=vi=es.

Preserve and promote the museums and gallery within Brea.

Modernize and promote the Cur=s Theatre.

IMAGINE BREA 2003 City General Plan
Chapter 5: Community Services
Goals and Policies
Brea’s many arts and cultural resources, heritage buildings and structures, outdoor sculpture collec=ons, performing and visual arts centers, fes=vals, and arts and educa=on programs, as well as individual and corporate assets, comprise an important component of community life. Looking toward the future, these cultural and arts programs can be strengthened and expanded to meet changing community values and vision.

Goal CS-5: Promote and support the cultural arts in varied aspects of community life.

Policy CS-5.1 Con=nue to support and implement the Art in Public Places program.

Policy CS-5.2 Acknowledge and support Brea’s heritage through its cultural arts programs.

Policy CS-5.3 Encourage strong arts educa=on in Brea.

Policy CS-5.4 Honor outstanding achievements in the arts.

Policy CS-5.5 Explore opportuni=es for crea=ng live/work housing for ar=sts.

Policy CS-5.6 Encourage the incorpora=on of art into architectural design.

Policy CS-5.7 Pursue partnerships with the Brea Olinda Unified School District, local public and private colleges and universi=es, and private organiza=ons to support cultural arts programs and educa=on.

Policy CS-5.8 Promote the involvement of local service clubs and similar organiza=ons in arts events citywide.

CULTURAL ARTS MASTER PLAN 57
corporate assets, comprise an important component of community life. Looking toward the future, these cultural and arts programs can be strengthened and expanded to meet changing community values and vision.

Goal CS-5: Promote and support the cultural arts in varied aspects of community life.

Policy CS-5.1 Con=nue to support and implement the Art in Public Places program.

Policy CS-5.2 Acknowledge and support Brea’s heritage through its cultural arts programs.

Policy CS-5.3 Encourage strong arts educa=on in Brea.

Policy CS-5.4 Honor outstanding achievements in the arts.

Policy CS-5.5 Explore opportuni=es for crea=ng live/work housing for ar=sts.

Policy CS-5.6 Encourage the incorpora=on of art into architectural design.

Policy CS-5.8 Promote the involvement of local service clubs and similar organiza=ons in arts events citywide.

Policy CS-5.9 Provide cultural arts programs that meet the needs and interests of all Brea residents.

Policy CS-5.10 Raise community awareness and understanding of the Arts in Public Places program.

Policy CS-5.11 Con=nue the role of the Cultural Arts Commission as the advisory body for the arts in Brea.

Policy CS-5.12 Promote ci=zen par=cipa=on and conduct outreach programs to ensure City cultural arts programs meet changing needs in the community.

Goal CS-6 Ensure that adequate physical facili=es are available to support cultural arts programs.

Policy CS-6.1 Maintain the Cur=s Theatre, the Brea Gallery, and the Community Center as key cultural arts venues.

Policy CS-6.2 Maintain joint-use agreements with the Brea Olinda Unified School District for the sharing of performance and exhibit spaces.

Policy CS-6.3 Explore opportuni=es for providing new facili=es to accommodate current or emerging cultural arts.

Goal CS-7 Draw from broad and crea=ve funding sources to achieve the City’s cultural arts vision and goals.

Policy CS-7.1 Pursue public and private grants to fund arts programs, ac=vi=es, and facili=es.

Policy CS-7.2 Explore private/public funding collabora=ons to expand art fes=vals, live performances, and public art programs.

Policy CS-7.3 Promote and support volunteer opportuni=es for public involvement in City-sponsored arts events.

Goal CS-8 Create na=onal recogni=on of Brea as an arts community.

Policy CS-8.1 Provide funding to market and promote Brea’s cultural arts programs at the local level and beyond.

Policy CS-8.2 Involve Brea in County, State, and na=onal arts related events. 58 CITY OF BREA
17620 Fitch Avenue, Suite 255
Irvine, California 92614-6081
714.556.5160
ArtsOC.org | SparkOC.com
City of Brea
City Council Regular Meeting Communication
December 19, 2023 City Council Regular Meeting Minutes
Meeting
Tuesday, January 16, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 6A
TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager
Attachments
12-19-2023 - Draft Minutes.pdf

RECOMMENDATION
Approve.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared By: Victoria Popescu, Deputy City Clerk
Concurrence: Lillian Harris-Neal, City Clerk

1. CLOSED SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 6:30 P.M. 1A. CALL TO ORDER/ROLL CALLMayor Marick called the Closed Session to order at 6:30 p.m. All members were present with Councilmember Hupp participating via Zoom Teleconference. 1B. PUBLIC COMMENTNone.
1C. Conference with City's Labor Negotiator Pursuant to Government Code §54957.6 Regarding the Brea Fire Association (BFA) and Brea Fire Management Association (BFMA) - Bill Gallardo, NegotiatorMayor Marick adjourned the Closed Session at 6:38 p.m.

2. STUDY SESSION - NO STUDY SESSION MEETING
There will be no Study Session meeting on December 19, 2023.

3. GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M. 3A. CALL TO ORDER/ROLL CALL
Mayor Marick called the General Session to order at 7:01 p.m. All members were present, with Councilmember Hupp participating via Zoom Teleconference. 3B. PLEDGE OF ALLEGIANCE
Boy Scout Troop 707 and Girl Scout Troop 99 led the Pledge of Allegiance. ** The following document is a draft of the minutes and the not the official approved minutes **
Minutes for the City Council Regular Meeting
1 Civic Center Circle, Brea, California 92821
December 19, 2023
Roll Call: Marick, Stewart, Hupp, Simonoff, Vargas
3C. INVOCATION - Kirk Randolph, Southlands Church
Pastor Kirk Randolph, Southlands Church, delivered the Invocation. 3D. REPORT- PRIOR STUDY SESSIONNone.
3E. COMMUNITY ANNOUNCEMENTS
Councilmember Simonoff announced that the City of Brea will be observing the Christmas and New Year holidays and directed the residents to visit the City website to view the holiday hours of all City facilities. He also announced that due to the holidays, there will be no trash collection on Monday, December 25 and Monday, January 1. He indicated that service will be delayed by one day the remainder of those weeks and residents may visit Republic Services’ website for additional dates trash collection services will be delayed. Finally, he stated that if residents need to recycle their holiday tree, Republic Services will be collecting them December 26 through January 12.
3F. MATTERS FROM THE AUDIENCE
None.
3G. RESPONSE TO PUBLIC INQUIRIESNone.

4. PUBLIC HEARING
There are no Public Hearing items at this time.

5. ADMINISTRATIVE ITEMS
There are no Administrative Items at this time.

6. CONSENT CALENDAR
The City Council/Successor Agency approves all Consent Calendar matters with one motion unless Council/Agency or Staff requests further discussion of a particular item. Items of concern regarding Consent Calendar matters should be presented during “Matters from the Audience." There was Motion to Approve that was motioned by Marty Simonoff seconded by Blair Stewart with a result of 5-0-0-0
to approve City Council Consent Items 6A - 6E.
6A. December 5, 2023 City Council Regular Meeting Mintues The City Council approved the December 5, 2023 City Council Regular Meeting minutes as written.
6B. Contract with Motorola Solutions to Purchase Avigilon Control Center and Fixed Video Cameras, Vigilant License Plate Reading, CAPE Drone Software Solution, and Command Central Aware for the Police Department's Integrated Crime Center The City Council authorized the grant-funded purchase of hardware, software, and services outlined in the attached Motorola Proposal from Motorola Solutions related to the Police Department's Integrated Crime Center.
6C. Waive Full Reading and Adopt Ordinance No. 1245 An Ordinance of the City of Brea Transferring and Granting a Pipeline Franchise to RMX Resources, L.L.C. and Approve CEQA Exemption Determination
The City Council waived full reading and adopted Ordinance No. 1245 titled "An Ordinance of the City Council of the City of Brea Transferring and Amending A Franchise Granted to Matrix Investments, L.P. to Construct, Operate and Maintain Pipelines for the Transportation of Hydrocarbon Substances in the City of Brea to RMX Resources, LLC., and Approving a CEQA Exemption Determination; appropriated any revenues received as part of this franchise in the Fiscal Year 2023-25 Operating Budget; and authorized the City Clerk to release the current faithful performance bond upon acceptance of the new faithful performance bond once notification is received from the Public Works Department. 6D. November Outgoing Payment Log and December 1 and 8, 2023 City Disbursement Registers
The City Council received and filed the November Outgoing Payment Log and December 1 and 8, 2023 City Disbursement Registers.
6E. Monthly Report of Investments for the City of Brea for Period Ended November 30, 2023
The City Council received and filed the Monthly Report of Investments for the City of Brea for Period Ended November 30, 2023.

7. CITY/SUCCESSOR AGENCY - CONSENT
There was Motion to Approve that was motioned by Marty Simonoff seconded by Steve Vargas with a result of 5-0-0-0
to approve City/Successor Agency Consent Item 7A.
7A. Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended November 30, 2023
The City Council, as the Successor Agency, received and filed the Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended November 30, 2023.

8. ADMINISTRATIVE ANNOUNCEMENTS
8A. City ManagerCity Manager Gallardo wished everyone a Merry Christmas and Happy Holidays. 8B. City AttorneyNone.
8C. Council RequestsNone.

9. COUNCIL ANNOUNCEMENTS
9A. Council Announcements
The City Council wished the community a Merry Christmas and Happy New Year.

10. ADJOURNMENT
10A. Meeting Adjourment
Mayor Marick adjourned the General Session at 7:08 p.m.

City of Brea
City Council Regular Meeting Communication
Adopt Resolutions Authorizing the Director of Public Works to Prepare and File Reports Relating to Annual Maintenance Assessment in Landscape and Lighting Maintenance Districts 1 through 7 Meeting
Tuesday, January 16, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 6B
TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager
Attachments
Resolution - LLMD 1.pdf
Resolution - LLMD 2.pdf
Resolution - LLMD 3.pdf
Resolution - LLMD 4.pdf
Resolution - LLMD 5.pdf
Resolution - LLMD 6.pdf
Resolution - LLMD 7.pdf

RECOMMENDATION
Adopt Resolution Nos. 2024-002 through 2024-008.

BACKGROUND/DISCUSSION
The Landscape and Lighting Act of 1972 requires that a report be created each year detailing the proposed improvements, maintenance costs and assessments for each Maintenance District. The Act further requires that the administrative body adopt resolutions ordering creation of the reports.

The Annual Maintenance Assessment Report for each Maintenance District is scheduled to be presented to City Council for consideration at the April 16, 2024, meeting, at which time a Public Hearing date will be recommended prior to approval of the assessment for each District. Attached for your consideration are copies of the resolutions authorizing the Director of Public Works to prepare the reports.

FISCAL IMPACT/SUMMARY
There will be no impact to the General Fund as this activity is funded by Maintenance District assessments.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Matthew Cuevas, Senior Management Analyst
Concurrence: Michael Ho, Director of Public Works
RESOLUTION NO. 2024-___

A RESOLUTION OF THE COUNCIL OF THE CITY OF

BREA ORDERING THE DIRECTOR OF PUBLIC WORKS

TO PREPARE TO FILE A REPORT RELATED TO

MAINTENANCE OF PUBLIC IMPROVEMENTS IN CITY OF

BREA LANDSCAPING AND LIGHTING ASSESSMENT
DISTRICT NO. 1 AND ANY ASSESSMENTS THEREON
FOR FISCAL YEAR 2024-2025
A. RECITALS:
(i) This Council heretofore adopted a resolution forming City of Brea Landscaping and Lighting Assessment District No. 1.
(ii) California Streets and Highway Code Section 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the Director of Public Works to prepare and file a report related to annual maintenance and assessments in such a district.
(iii) No new improvements or substantial changes in existing improvements are proposed for said Landscaping and Lighting Assessment District No. 1. (iv) All legal prerequisites to the adoption of this Resolution have occurred.

B. RESOLUTION:

NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:

1. In all respects as set forth in the Recitals, Part A, of this resolution.

2. The Director of Public Works is ordered and directed to prepare an annual report as specified in California Streets and Highways Code Section 22622 with respect to City of Brea Landscaping and Lighting Assessment District No. 1 for fiscal year 2024-2025.

3. The City Clerk shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED this 16th day of January 2024.
__________________________________________
Mayor
ATTEST:______________________________
City Clerk
I, Lillian Harris-Neal, City Clerk of the City of Brea, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the Council of the City of Brea, held on the 16th day of January 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

Dated:_____________________________
______________________________
City Clerk
RESOLUTION NO. 2024-___

A RESOLUTION OF THE COUNCIL OF THE CITY OF

BREA ORDERING THE DIRECTOR OF PUBLIC WORKS

TO PREPARE TO FILE A REPORT RELATED TO

MAINTENANCE OF PUBLIC IMPROVEMENTS IN CITY OF
BREA LIGHTING ASSESSMENT DISTRICT NO. 2 AND
ANY ASSESSMENTS THEREON FOR FISCAL YEAR 2024-
2025
A. RECITALS:
(i) This Council heretofore adopted a resolution forming City of Brea Lighting Assessment District No. 2.
(ii) California Streets and Highway Code Section 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the Director of Public Works to prepare and file a report related to annual maintenance and assessments in such a district.
(iii) No new improvements or substantial changes in existing improvements are proposed for said Lighting Assessment District No. 2. (iv) All legal prerequisites to the adoption of this Resolution have occurred.

B. RESOLUTION:

NOW, THEREFORE, BE IT FOUND, DETERMINED AND
RESOLVED by the City Council of the City of Brea as follows:

1. In all respects as set forth in the Recitals, Part A, of this resolution.

2. The Director of Public Works is ordered and directed to prepare an annual report as specified in California Streets and Highways Code Section 22622 with respect to City of Brea Lighting Assessment District No. 2 for fiscal year 2024-2025.

3. The City Clerk shall certify to the adoption of this Resolution.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

Dated:_____________________________
______________________________
City Clerk
RESOLUTION NO. 2024-___

A RESOLUTION OF THE COUNCIL OF THE CITY OF

BREA ORDERING THE DIRECTOR OF PUBLIC WORKS

TO PREPARE TO FILE A REPORT RELATED TO

MAINTENANCE OF PUBLIC IMPROVEMENTS IN CITY OF

BREA LANDSCAPING AND LIGHTING ASSESSMENT
DISTRICT NO. 3 AND ANY ASSESSMENTS THEREON
FOR FISCAL YEAR 2024-2025
A. RECITALS:
(i) This Council heretofore adopted a resolution forming City of Brea Landscaping and Lighting Assessment District No. 3.
(ii) California Streets and Highway Code Section 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the Director of Public Works to prepare and file a report related to annual maintenance and assessments in such a district.
(iii) No new improvements or substantial changes in existing improvements are proposed for said Landscaping and Lighting Assessment District No. 3. (iv) All legal prerequisites to the adoption of this Resolution have occurred.

B. RESOLUTION:

NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:

1. In all respects as set forth in the Recitals, Part A, of this resolution.

3. The City Clerk shall certify to the adoption of this Resolution.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

Dated:_____________________________
______________________________
City Clerk
RESOLUTION NO. 2024-___

A RESOLUTION OF THE COUNCIL OF THE CITY OF

BREA ORDERING THE DIRECTOR OF PUBLIC WORKS

TO PREPARE TO FILE A REPORT RELATED TO

MAINTENANCE OF PUBLIC IMPROVEMENTS IN CITY OF
BREA LIGHTING ASSESSMENT DISTRICT NO. 4 AND
ANY ASSESSMENTS THEREON FOR FISCAL YEAR 2024-
2025
A. RECITALS:
(i) This Council heretofore adopted a resolution forming City of Brea Lighting Assessment District No. 4.
(ii) California Streets and Highway Code Section 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the Director of Public Works to prepare and file a report related to annual maintenance and assessments in such a district.
(iii) No new improvements or substantial changes in existing improvements are proposed for said Lighting Assessment District No. 4. (iv) All legal prerequisites to the adoption of this Resolution have occurred.

B. RESOLUTION:

NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:

1. In all respects as set forth in the Recitals, Part A, of this resolution.

2. The Director of Public Works is ordered and directed to prepare an annual report as specified in California Streets and Highways Code Section 22622 with respect to City of Brea Lighting Assessment District No. 4 for fiscal year 2024-2025.

3. The City Clerk shall certify to the adoption of this Resolution.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

Dated:_____________________________
______________________________
City Clerk
RESOLUTION NO. 2024-___

A RESOLUTION OF THE COUNCIL OF THE CITY OF

BREA ORDERING THE DIRECTOR OF PUBLIC WORKS

TO PREPARE TO FILE A REPORT RELATED TO

MAINTENANCE OF PUBLIC IMPROVEMENTS IN CITY OF

BREA LANDSCAPING AND LIGHTING ASSESSMENT
DISTRICT NO. 5 AND ANY ASSESSMENTS THEREON
FOR FISCAL YEAR 2024-2025
A. RECITALS:
(i) This Council heretofore adopted a resolution forming City of Brea Landscaping and Lighting Assessment District No. 5.
(ii) California Streets and Highway Code Section 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the Director of Public Works to prepare and file a report related to annual maintenance and assessments in such a district.
(iii) No new improvements or substantial changes in existing improvements are proposed for said Landscaping and Lighting Assessment District No. 5. (iv) All legal prerequisites to the adoption of this Resolution have occurred.

B. RESOLUTION:

NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:

1. In all respects as set forth in the Recitals, Part A, of this resolution.

3. The City Clerk shall certify to the adoption of this Resolution.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

Dated:_____________________________
______________________________
City Clerk
RESOLUTION NO. 2024-___

A RESOLUTION OF THE COUNCIL OF THE CITY OF

BREA ORDERING THE DIRECTOR OF PUBLIC WORKS

TO PREPARE TO FILE A REPORT RELATED TO

MAINTENANCE OF PUBLIC IMPROVEMENTS IN CITY OF

BREA LANDSCAPING AND LIGHTING ASSESSMENT
DISTRICT NO. 6 AND ANY ASSESSMENTS THEREON
FOR FISCAL YEAR 2024-2025
A. RECITALS:
(i) This Council heretofore adopted a resolution forming City of Brea Landscaping and Lighting Assessment District No. 6.
(ii) California Streets and Highway Code Section 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the Director of Public Works to prepare and file a report related to annual maintenance and assessments in such a district.
(iii) No new improvements or substantial changes in existing improvements are proposed for said Landscaping and Lighting Assessment District No. 6. (iv) All legal prerequisites to the adoption of this Resolution have occurred.

B. RESOLUTION:

NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:

1. In all respects as set forth in the Recitals, Part A, of this resolution.

3. The City Clerk shall certify to the adoption of this Resolution.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

Dated:_____________________________
______________________________
City Clerk
RESOLUTION NO. 2024-___

A RESOLUTION OF THE COUNCIL OF THE CITY OF

BREA ORDERING THE DIRECTOR OF PUBLIC WORKS

TO PREPARE TO FILE A REPORT RELATED TO

MAINTENANCE OF PUBLIC IMPROVEMENTS IN CITY OF

BREA LANDSCAPING AND LIGHTING ASSESSMENT
DISTRICT NO. 7 AND ANY ASSESSMENTS THEREON
FOR FISCAL YEAR 2024-2025
A. RECITALS:
(i) This Council heretofore adopted a resolution forming City of Brea Landscaping and Lighting Assessment District No. 7.
(ii) California Streets and Highway Code Section 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the Director of Public Works to prepare and file a report related to annual maintenance and assessments in such a district.
(iii) No new improvements or substantial changes in existing improvements are proposed for said Landscaping and Lighting Assessment District No. 7. (iv) All legal prerequisites to the adoption of this Resolution have occurred.

B. RESOLUTION:

NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:

1. In all respects as set forth in the Recitals, Part A, of this resolution.

3. The City Clerk shall certify to the adoption of this Resolution.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

Dated:_____________________________
______________________________
City Clerk
City of Brea
City Council Regular Meeting Communication
Professional Services Agreements for As-Needed Citywide Document Scanning Services Meeting
Tuesday, January 16, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 6C
TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager

RECOMMENDATION

1. Approve Professional Services Agreements between the City of Brea and Complete Paperless Solutions and Raycom Data Technologies for as-needed Citywide Document Scanning Services in the amount not-to-exceed $300,000 per agreement, plus up to a 10% contingency. Collectively, both agreements will not exceed the $419,124 allocated for the project; and

2. Authorize the City Manager to approve contingency work for required changes within the above not-to-exceed total.

BACKGROUND/DISCUSSION
Records Management is an integral part of the operation of the City. In order to preserve the City’s records, the City has identified a need for document scanning to alleviate the backlog of physical records stored throughout the Brea Civic & Cultural Center. The volume of hard-copy records currently stored by the City is reaching capacity in various storage areas, and some do not have the proper storage conditions needed to maintain files. Additionally, certain files that exist on microfiche are slowly deteriorating, and as a result, the City is at an increased risk of losing the images they contain unless the microfiche is digitized. By scanning these historically-backlogged physical documents into the City’s electronic content management system, City staff will be able to uphold the City’s values of transparency and accessibility, all while maintaining the City’s archive of records for decades to come.

Several factors impede the process of being able to complete the digitization and indexing of records on-site. Current staffing levels do not support the time commitment needed to image, index and quality control the voluminous amount of files. Additionally, thousands of files of historical permanent building permits and plans exist on deteriorating microfiche that must be handled with care and professional training in order to maintain the integrity of the original image captured on the media. The City also does not have the equipment necessary to scan microfiche as well and large-scale building and engineering plans that contain important information.

In September 2023, City staff issued a Request for Proposals (RFP) for professional services to perform the full scope of work outlined for citywide document scanning. The RFP was released on September 25, 2023 via Public Purchase and the public notice was posted on the purchasing page of the City’s website. A total of 23 vendors accessed the RFP through the Public Purchase portal, and on November 9, 2023, five (5) proposals were received from the following vendors which are prioritized upon best value:

1. Complete Paperless Solutions

2. Raycom

3. MetaSource, LLC

4. The Scanning Company

5. MRC Smart Technology Solutions
Due to the nature of the project, there were many variables to consider in the evaluation process, including volume, metadata entry, document ingestion into the City’s Electronic Content Management System, pick-up/delivery of files, and Attachments
Attachment A - Citywide Document Scanning Services RFP & Addenda.pdf Attachment B - PSA (Complete Paperless Solutions).pdf.pdf Attachment C - PSA (Raycom).pdf
other document prep/specifications. With this in mind, the proposals were thoroughly reviewed and evaluated based on the following criteria: responsiveness of the proposal; the ability to meet the City’s timelines and acceptance of the City’s standard form of agreement; contractor’s qualifications and prior experience; technical approach to complete the project; value and economy to City of the proposed project approach; and pricing.

Based on the results of the RFP and the total volume of services being requested, it is in the City’s best interest to award multiple contracts to complete the full scope of work in an effort to maximize efficiency. This approach provides flexibility and control to distribute the work in a cost effective manner. Staff is recommending that the City approve a Professional Service Agreement (PSA) with Complete Paperless Solutions (“CPS”) and Raycom Data Technologies (“Raycom”). Both CPS and Raycom have extensive experience in working with local and County agencies, and have successfully completed similar projects. Due to each vendor's familiarity with specific needs for document types and formats, competitive pricing, and approach to work, staff believes CPS and Raycom will be the best fit to complete this project.

The City Clerk’s Office, along with a team of stakeholders citywide, have determined that records primarily from the Building and Safety Division, Planning Division, Housing and Economic Development Division, Engineering Division, Community Services Department, Public Works Department and Fire Department will be scanned and digitized as part of the outlined Scope of Work.

Staff is recommending the City enter into PSAs in the amount not to exceed $300,000 per agreement, plus up to a 10% contingency, to provide as-needed citywide document scanning services. Initiation of each phase of work and notices to proceed will be authorized by the City Clerk’s Office, as the project manager.

COMMISSION/COMMITTEE RECOMMENDATION
The Finance Committee reviewed staff’s recommendation at their January 9, 2024 meeting and recommended for Council approval.

SUMMARY/FISCAL IMPACT
Funding for the project was appropriated as part of the FY 2023-25 biennial Operating Budget and is funded from the City’s General Fund (110). Staff has also identified funds available for the project within the City’s Capital Improvement Fund (510) for GIS Record Document Conversion.

At this time, staff is recommending awarding both agreements for as-needed services in the amount not to exceed $300,000 per agreement, plus up to a 10% contingency, in order to provide flexibility to allocate the project work between departments as staff sees fit, while staying within the allocated project budget. No additional appropriation is needed at this time. Staff will work with the contractors to stay within the full project budget of $419,124 between both agreements.

RESPECTFULLY SUBMITTED
William Gallardo, City Manager
Prepared by: Victoria Popescu, Deputy City Clerk
Concurrence: Lillian Harris-Neal, City Clerk

REQUEST FOR

PROPOSALS
RFP No. 2023.09.25.01
for Citywide Document Scanning Services
REQUEST FOR PROPOSALS # 2023.09.25.01
for Citywide Document Scanning Services
PART I

SOLICITATION SECTION

REQUEST FOR PROPOSALS
for Citywide Document Scanning Services
RFP No. 2023.09.25.01
Overview.

The City of Brea (“City”) is issuing this Request for Proposals (“RFP”) from qualified and experienced scanning service companies to provide document imaging, indexing, and quality control services, as further set forth in the Scope of Services and Specifications Requirements, Exhibit “A” to the City’s form of professional services agreement included herein (“Project”).

The City of Brea utilizes Laserfiche as its electronic content management system (ECMS). The Laserfiche system also utilizes a cloud-based write-once-read-many (WORM) drive hosted by RestorVault.

The City desires to procure citywide document scanning services for scanning, indexing and quality control of historical records. Through this RFP, the City seeks a contractor that can provide the highest quality product at the most affordable price to accomplish the full scope of work on a rolling basis. Proposals shall be reviewed and rated on the basis of qualifications, specific experience, responsiveness, references, familiarity with the City’s needed services, pricing and/or other factors stated herein.

Questions and Answers.

To obtain Solicitation documents, submit questions, receive answers, and submit a proposal, visit the City's eProcurement Portal (“City Portal”)at the following hyperlink (registration is required) https://www.publicpurchase.com/gems/brea,ca/buyer/public/home.

A. Questions. Any person contemplating submitting a proposal in response to this RFP, who has any questions concerning this RFP, or who finds any discrepancies or omissions in any part of RFP, the Scope of Services and Specifications, the Agreement, or any of the terms and conditions included therein (collectively, “Solicitation” or “RFP”), must submit questions through the City Portal by the Question Deadline set forth in Timelines below or as may be modified by subsequent addendum. Questions not received by the Questions Deadline will not be considered as such questions are non-responsive to the Solicitation requirements.

B. Answers. City will issue addenda to answer questions received by the Question Deadline and provide clarifications and modifications to the Solicitation utilizing the City’s eProcurement Portal as provided above. Only questions or requests for clarification deemed sufficiently significant to fully implement the purposes of this RFP will be answered. Proposers must acknowledge receipt of all City-issued addenda. Only City’s written addenda can modify the Solicitation requirements. Such changes take precedence over the original Solicitation terms and any preceding addendums. Any other form of communications from the City shall not be binding or have no force or effect with respect to this Solicitation.

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REQUEST FOR PROPOSALS
for Citywide Document Scanning Services
RFP No. 2023.09.25.01
Timelines.

Release of Request for Proposals September 25, 2023
Pre-Offer Conference Not Applicable
Question Deadline October 20, 2023 by 4 p.m. local time Final Addendum Issued October 26, 2023
Proposal Due Date and Time November 1, 2023 by 4 p.m. local time Selection of Contractor* November 8, 2023
Finance Committee* November 14, 2023
City Council Award* November 21, 2023
Services Begins* December 1, 2023
* tentative

PROPOSALS MUST BE ACTUALLY RECEIVED AND ELECTRONICALLY
ACKNOWLEDGED BY THE PROPOSAL DUE DATE AND TIME. Proposers are responsible to submit their proposals sufficiently in advance to ensure timely receipt. The City will not be responsible for any electronic failures of the City Portal to receive and/or provide acknowledgement of receipt, of any proposal.

Pricing.

C. Preparation Expense. Proposers prepare and submit proposals solely at their sole expense.

D. Pricing Must Be All-Inclusive. Each proposal must be INCLUSIVE OF ALL COSTS TO PERFORM THE REQUIRED SERVICES. Any and all costs of labor, transportation, materials, software, equipment, proprietary licenses, and any and all other fees, costs, and expenses necessary to provide the required services, must be included in the proposal price.

Proposal Submission Requirements.

E. General.
i. Checklist. Use this section as a checklist to provide a complete response.

Failure to include and provide all the information specified is cause for rejection of the proposal without further evaluation or award consideration.
ii. Signatures. Proposers must sign all forms where indicated. Digital Signatures are acceptable if they conform to all requirements of California Government Code Section 16.5.

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REQUEST FOR PROPOSALS
for Citywide Document Scanning Services
RFP No. 2023.09.25.01
iii. Additional Material. Do not include any promotional material or any material that is not directly relevant to the objectives of this Solicitation. iv. Organization. Organize the proposal in the order shown below, separate each section with a section page and title, number each section beginning with one. v. Sections Division and Purpose. Note the Qualifications and Forms sections will be used to determine if your company is qualified and responsive, while the Technical and Costs sections will be used to determine how well your company meets the requirements of this Solicitation and if the proposed costs are fair and reasonable. The Technical and Costs sections of the successful proposal (“Contractor’s Proposal”) will be attached to Exhibit A to the City’s standard Agreement for execution.

F. Introduction Section.
i. Title Page. Provide a title page showing the Solicitation subject; the proposer’s name; address, and the date of the proposal. ii. Table of Contents. Provide a table of contents detailing the various sections and page numbers of the information contained in the proposal. iii. Letter of Transmittal. Provide a letter of transmittal signed by an individual authorized to bind the proposer, briefly stating the proposer's understanding of the work to be done, the commitment to perform the work within the required time period, a statement why the proposer believes itself to be best qualified to perform the services and a statement that the proposal is a firm and irrevocable offer.

G. Qualifications Section.
i. Background. Provide your company’s full legal name, address, phone, fax, email, website; prior company names (if any) and years in business; mergers, buyouts; organizational structure (i.e. corp., LLC, sole proprietorship, etc.) and chart; Names and titles of the principal owner(s); person(s) authorized to bind your company. List any contracts terminated for cause, pending litigation, and any governmental enforcement actions against your company.

List any special recognition or awards.
ii. Experience. Provide a summary of experience with similar kinds of work; Familiarity with state and federal procedures; Experience working with public agencies. Provide current business references for whom your company has provided similar services, and a very brief description of the provided services.
iii. Qualifications. Provide a summary of financial responsibility; Demonstrated technical ability; Capability of developing innovative or advanced techniques; Special qualifications, training, credentials; Staff names, titles, role, qualifications, experience, and length of service and the designated project manager assigned to this Project.

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REQUEST FOR PROPOSALS
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RFP No. 2023.09.25.01
iv. Understanding. Describe your understanding of the work to be done based on this Solicitation. Include any issues that you believe will require special consideration for this Project as well as identify any unique approaches or strengths your company may have.

H. Technical Section.
i. Approach. Provide a detailed discussion and proposed methodologies of your company’s approach to the successful completion of this Project. Include thorough discussions of methodologies you believe are essential to accomplishing each task. Include a proposed work schedule to accomplish all of the required tasks and identify the team member responsible for each.
ii. Proposed Schedule. Provide a detailed recommended schedule of activities. If a Meet and Confer and Presentation Requirements and/or a Tentative Schedule are provided in the Scope of Services and Specifications Requirements Section any recommended modifications will need to be addressed.

I. Cost Section.
i. Time and Expense Basis. Set forth your price based on a time and expense basis.
ii. Alternative Basis. Provide any alternative pricing basis to the Time and Expense Basis that would be advantageous to the City.

J. Forms Section.
i. Standard Forms
a. Non-Collusion Affidavit Form
b. References Form
c. Subcontractors List-Standard Form
d. Statement of Compliance or Exceptions Form
e. Status of Past and Present Contracts Form
f. Insurance Commitment Form
g. Proposer Qualifications Response Form
h. Firm Offer and Price
K. Withdrawal and Validity. Proposals may be withdrawn before Proposal Due Time and Date; Proposals not so withdrawn are binding for 120 days after the due date.

Results.

L. Opening Proposals. Proposals are electronically sealed until the Proposal Due Date and Time and thereafter will be electronically unsealed to begin the review and evaluation process as set forth in the Evaluation, Award, Contract, Notice to Proceed Section below.

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REQUEST FOR PROPOSALS
for Citywide Document Scanning Services
RFP No. 2023.09.25.01
M. Results Posted. Proposals received by the Proposal Due Date and Time, will have results posted on the City’s website at www.ci.brea.ca.us/1254/Requests-for-Bids-Proposals-andQuotes. The Proposal results are subject to change based on responsiveness and determination of qualifications. Visit that webpage, click on Requests for Bids, Proposals, and Quotes, scroll to the desired Solicitation. City will not provide results by any other means.

N. Information Posted. Best Value procurements will display Company Name only.

Proposals will not be available until the evaluation phase has been completed and an award recommendation has been made.

O. All Proposals Become City Property and Public Records. All submitted proposals will become City property and public records subject to disclosure. However, no proposal will be disclosed unless and until: a contractor is selected and recommended for contract award to the City Council; all proposals are rejected; or, this RFP is terminated.

DO NOT SUBMIT CONFIDENTIAL INFORMATION. Any and all notices of “trade secrets”, “confidential information”, “do not disclose”, and/or any similar types of notices in a proposal will be disregarded.

Evaluation.

P. Non-Responsive Proposals. Proposals that are late or misdirected; or Proposers who did not attend any required mandatory Pre-Offer Meeting or are suspended or debarred (www.sam.gov) are non-responsive. Proposals that did not include the required documents or information; modified any terms and conditions; had excessive or inadequate price relative to the Scope of Services and Specifications Requirements may cause the Proposal to be deemed nonresponsive. Non-responsive Proposals will not be considered for further evaluations or award.

Q. Responsive Proposals. Proposals that conform in all material respects to the Solicitation and are eligible for further consideration.

R. Informalities. City may waive any informalities in any proposal or this RFP process as deemed in City’s best interest.

S. Basis for Award and Evaluation Criteria. If an award is made, it shall be made based on the proposal determined to provide the best value to the City. City will evaluate and score each proposal based on how well it meets the Proposal Submission Requirements including, but not limited to, the Qualifications, Technical, Cost, Forms sections; any required clarifications, presentations, interviews; other available information; any required Best and Final Offer (BAFO) responses; and any other requirements of this Solicitation not mentioned specifically in this paragraph.

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REQUEST FOR PROPOSALS
for Citywide Document Scanning Services
RFP No. 2023.09.25.01
The scoring for Evaluation Criteria is set forth below:

Responsiveness of the Proposal including ability to
meet the City’s timelines, and acceptance
of City’s standard form of agreement 20%
Contractor’s qualifications and prior experience 20%
Technical approach to complete the Project 20%
Value and economy to City of the proposed Project approach 20% Pricing 20%
The City reserves the right to select one or more proposers for further consideration or award of a contract, based solely on their proposal, or, based on their proposal and interviews. The City reserves the right to negotiate a final agreement with one or more of the top scoring proposers.

Award, Reject, Rescind.

As may be in City’s best interest, City may accept and award a contract to any proposer; rescind any award; reject any or all proposals; and/or terminate this RFP process.

Agreement.

If an agreement is awarded, City will do so after the successful proposer has satisfied all post-award requirements (insurance, bonding, etc.). The City’s standard form of agreement is attached. Any requested changes to the contract will be considered as part of the evaluation/scoring process.

Notice to Proceed.

City will issue a notice to proceed to Contractor(s) to commence providing the required services at the time stated in that notice. Absent a formal notice to proceed letter, the Purchase Order becomes the de facto notice to proceed itself unless otherwise stipulated in the Purchase Order.

End of this Section

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PART II

FORMS SECTION

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REQUEST FOR PROPOSALS
for Citywide Document Scanning Services
RFP No. 2023.09.25.01

STANDARD FORM A

NON-COLLUSION AFFIDAVIT FORM
Note: To be executed by Proposer and submitted with Proposal.

State of
(the State of the place of business)
County of
(the County of the place of business)
, being first duly sworn, deposes and
(name of the person signing this form)
says that he/she is of
(title of the person signing this form)
, the party making the foregoing proposal
(name of offering company)
that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the PROPOSER has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal; that the PROPOSER has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or to refrain from submitting a proposal; that the PROPOSER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the offer price of the PROPOSER or any other proposer, or to fix any overhead, profit, or cost element of the offer price, or of that of any other proposer; that all statements contained in the proposal are true; and, the PROPOSER has not, directly or indirectly, submitted his or her offer price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, depository, or to any member or agent thereof, to effectuate a collusive or sham proposal, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a PROPOSER that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that they have full power to execute, and does execute, this declaration on behalf of the PROPOSER.

I declare under penalty of perjury under the Laws of the State of California that the foregoing is true and correct and that this declaration is executed as set forth.

Signature:

Name/Title
Date:

Notary is not required for this proposal.

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REQUEST FOR PROPOSALS
for Citywide Document Scanning Services
RFP No. 2023.09.25.01

STANDARD FORM B

REFERENCES FORM
(Proposer’s Company Name)
Provide current business references for whom your company has provided similar services.

Provide very brief description of the Project services your company provided to the reference.

Any unsatisfactory references or past unsatisfactory work performance with City may eliminate Proposer from further consideration (Brea City Code Sec. 3.24.020.M)

1. Company Name
Address, City, State, Zip
Contact’s Name & Title
Contact’s Phone #
Contact’s Email
Project
Completion Date & Value

2. Company Name
Address, City, State, Zip
Contact’s Name & Title
Contact’s Phone #
Contact’s Email
Project
Completion Date & Value

3. Company Name
Address, City, State, Zip
Contact’s Name & Title
Contact’s Phone #
Contact’s Email
Project
Completion Date & Value

4. Company Name
Address, City, State, Zip
Contact’s Name & Title
Contact’s Phone #
Contact’s Email
Project
Completion Date & Value

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REQUEST FOR PROPOSALS
for Citywide Document Scanning Services
RFP No. 2023.09.25.01

STANDARD FORM C

SUBCONTRACTORS LIST-STANDARD FORM
(Contractor’s Company Name)
Provide the information requested below. Duplicate this form as necessary to complete list. ☐ Check this box, if no subcontractors are to be used for any of the proposed work.

1. Company Name
Address, City, State, Zip
Contact’s Name & Title
Contact’s Phone #
Contact’s Email
Proposed work & amounts
License #s & Class
DIR # & Exp Date

2. Company
Address, City, State, Zip
Contact’s Name & Title
Contact’s Phone #
Contact’s Email
Proposed work & amounts
License #s & Class
DIR # & Exp Date

3. Company
Address, City, State, Zip
Contact’s Name & Title
Contact’s Phone #
Contact’s Email
Proposed work & amounts
License #s & Class
DIR # & Exp Date

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REQUEST FOR PROPOSALS
for Citywide Document Scanning Services
RFP No. 2023.09.25.01

STANDARD FORM D

STATEMENT OF COMPLIANCE OR EXCEPTIONS FORM
Each Proposal must be accompanied by this form. Failure to provide this form will cause the Proposal to be deemed non-responsive and that Proposal will not be considered for further evaluation.
(Proposer’s Company Name)
Select one:

No Exceptions
By checking the above box, Proposer declares their Proposal was prepared in strict compliance with the instructions, conditions, and terms of the Solicitation, Scope of Work, and Agreement.

With Exceptions
By checking the above box, Proposer declares their Proposal was prepared in consideration of but with exceptions to one or more of the instructions, conditions, and terms of the Solicitation, Scope of Work, and Agreement, in which case Proposer must provide a detailed list for all such exceptions in the following format.

Section
Page # Term, Condition, Specification Exception & Benefit to City City
A or D
Proposer acknowledges that City may accept or reject any or all of Proposer’s listed exceptions or reject the Proposer’s entire Proposal that contain any exceptions.

Signature:

Name/Title
Date:

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REQUEST FOR PROPOSALS
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RFP No. 2023.09.25.01

STANDARD FORM E

STATUS OF PAST AND PRESENT CONTRACTS FORM
Each Proposal must be accompanied by this form. Failure to provide this form will cause the Proposal to be deemed non-responsive and that Proposal will not be considered for further evaluation. As used in this form, “Proposer” means Proposer or any 10% or greater owner of the proposing company; “Contract Termination” means termination for cause by any other party to a contract with the Proposer; “Settlement” means settlement of any claim or lawsuit brought against Proposer in connection with Proposer’s services; and, “Legal Action” means any lawsuit alleging fraud, breach or any other misconduct by, or filed against, Proposer. (Proposer’s Company Name)
No Contract Terminations, Settlements, or Legal Actions By checking the above box, Proposer declares that the Proposer has not had any Contract Terminations, Settlements, or Legal Actions within the past five years of the date signed hereunder and currently does not have any pending Contract Terminations, Settlements, or Legal Actions.

One or More Contract Terminations, Settlements, or Legal Actions By checking the above box, Proposer declares that the Proposer has had either one or more Contract Terminations, Settlements, or Legal Actions within the past five years of the date signed hereunder in which case, Proposer must provide a list for all such contracts and include:

Contract Title, Contract Value, Termination Date, Company Name, Contact Name, Phone Number, and Reasons for and descriptions of the Terminations, Settlements, or Legal Actions.

The Proposer acknowledges that City may: reject any declarations that are not accompanied with the required documentation as described above; or reject any Proposals wherein Proposer has had any Terminations, Settlements, or Legal Actions that City in its sole discretion deems unacceptable.

Signature:

Name/Title
Date:

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REQUEST FOR PROPOSALS
for Citywide Document Scanning Services
RFP No. 2023.09.25.01

STANDARD FORM F

INSURANCE COMMITMENT FORM
Each Offer must be accompanied by this form. Failure to provide this form will cause the Offer to be deemed non-responsive and that Offer will not be considered for further evaluation. (Proposer’s Company Name)
Proposer acknowledges that:

City reserves the right to modify the insurance requirements as set for in the Insurance Requirements section of the Agreement including limits, based on nature of the risk, prior experience, insurer, coverage, or other special circumstances.

City’s acceptance and/or approval of the Contractor’s insurance documents does not and shall not be construed to relieve Contractor of any obligations, responsibilities or liabilities under any resultant Contract.

Contractor’s failure to comply with the required insurance as set forth in the Insurance Requirements of the Agreement is a breach of contract, which may result in one or more of the following: suspension of work, suspension or termination of contract, remuneration of procurement costs for obtaining a replacement contractor, and suspension from submitting future offers based on Contractor’s default.

Proposer, at Proposer’s sole cost and expense, hereby promises and agrees to:

Acquire required insurance set forth in the Insurance Requirements of the Agreement.

Provide policies of insurance from a company or companies having a current A.M. Best's rating of no less than A:VII and admitted and authorized to transact the business of insurance in the State of California prior to commencing any work and allowing any subcontractor to commence work on any subcontract until it has secured all required insurance unless otherwise permitted or waived in writing by City’s Risk Manager.

Maintain in force at all times during the term of any Contract, insurance policies as set forth in the Insurance Requirements of the Agreement; replace any policies whose carrier’s rating falls below A VII with policies that meet or better the required A VII rating no later than the renewal date of the policy; amend, supplement, or endorse existing insurance policies that do not meet the insurance requirements set forth in the Insurance Requirements.

Proposer certifies, represents, and commits to all the Insurance Requirements of the Agreement.

Signature:

Name/Title
Date:

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for Citywide Document Scanning Services
RFP No. 2023.09.25.01

STANDARD FORM G

PROPOSER QUALIFICATIONS RESPONSE FORM
(Proposer’s Company Name)
Proposers must have demonstrated trustworthiness, as well as the necessary quality, fitness, capacity, and experience to satisfactorily provide the requirements specified in this Solicitation based on prior experience with city, references, and other available information.

Provide the information requested below. Do not omit or renumber any sections. Refer to attached documents sparingly and only as necessary; and ensure that any documents referred to are numbered according to the outline below.

1. Background.

Please provide the following information about your company:

Your company’s full legal name, address, phone, fax, email, website.

Prior company names (if any) and years in business; mergers, buyouts, etc.

Organizational structure (i.e. corp., LLC, sole proprietorship, etc.).

Names and titles of the principal owner(s).

Person(s) authorized to make commitments for your company.

Special recognition or awards.

Experience.

Provide the following information relative to required services:

Summary of Experience with similar kinds of work.

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RFP No. 2023.09.25.01
Familiarity with state and federal procedures.

Experience working with public agencies.

Narrative of the working relationship with current business references for information not already included in the References Form.

Qualifications.

Provide the following information relative to required services:

Financial responsibility.

Demonstrated Technical Ability.

Capability of developing innovative or advanced techniques.

Special qualifications, training, credentials.

Staff names, titles, role, qualifications, and experience assigned to this Project.

Designated project manager assigned to this Project.

Understanding.

Provide the following information relative to required services:

Understanding of the work to be done based on this Solicitation.

Include issues that you believe will require special consideration for this Project.

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REQUEST FOR PROPOSALS
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RFP No. 2023.09.25.01
Identify unique approaches or strengths your company has relative to required services.

Approach.

Provide the following information relative to required services:

Understanding of the work to be done.

Adequacy of labor and resources to satisfactorily perform the requested services and meet the City’s needs.

Names and titles of key management personnel.

Team to be assigned for these services.

Submitted by:

Signature:

Name/Title
Date:

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RFP No. 2023.09.25.01

STANDARD FORM H

FIRM OFFER AND PRICE FORM
(Proposer’s Company Name)
FIRM OFFER made by Contractor to the City of Brea:

I, the undersigned, hereby represent and warrant that I am authorized to submit this Offer on behalf of and to bind the principals who I represent, to all the requirements of the City of Brea’s Terms and Conditions, Specifications, Scope or Work, any attachments, exhibits, amendments; and I offer and agree to those requirements at the prices set forth in the Offer Form. Further, I understand that no contract exists unless City accepts this Offer by executing the attached Agreement.

Business Name:

Business Address:

Federal ID#:

If any Work is a Public Works Contractor Lic#: DIR#:

Business Type
(Contractor enter a number)

1. Individual/Sole Proprietor or Single-Member LLC; 2. C Corporation;

3. S Corporation; 4. Partnership; 5. Trust/Estate; 6. Limited Liability Co.

By: _______________________________ By: _______________________________ Name: Name:

Title: Title:

Email: Email:

Date Signed: ________________________ Date Signed: ________________________ CORPs: Chairperson, President, Vice President;
LLCs: Manager
CORPs: Secretary, Assist. Secretary, Chief Finance
Officer, Assist. Treasurer
LLCs: Manager
[Pursuant to California Corporations Code Section 313, both signature lines must be executed unless the signatory holds at least one of the offices designated on each line.] [Pursuant to California Corporations Code Section 17703.01(d), for limited liability companies, both signature lines must be executed unless the articles of incorporation state that the firm is managed by only one manager.]

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RFP No. 2023.09.25.01

PRICE FORM
(Proposer’s Company Name)
Separate and describe your tasks, and associated costs, for the Scope of Services requirements.

Attach additional pages if necessary.

Tasks Description Rate
1 $
2 $
3 $
4 $
5 $
6 $
7 $
8 $
9 $
10 $
Project Total Costs (add above lines) $

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PART III

AGREEMENT &

SCOPE OF SERVICES

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PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
This Professional Services Agreement (“Agreement”) is dated {AgreementDate} for reference purposes and is executed by the City of Brea, a California municipal corporation (“City”), and {Contractor Name} a {Legal Status} (“Contractor”).

RECITALS
A. City desires to retain Contractor as an independent contractor to provide the following professional services: Citywide Scanning Services.

B. Contractor represents that it is duly licensed, fully authorized by law, and has the necessary experience and qualifications, to provide such services.

NOW, THEREFORE, the parties agree as follows:

AGREEMENT

1. Scope of Services.

Contractor shall perform the services referenced in the Recitals and more specifically described in the Scope of Services set forth in the attached Exhibit A, and as otherwise required by this Agreement, all to City’s satisfaction (collectively, “Services”).

2. Compensation.

A. City shall pay for the Services satisfactorily performed, in accordance with the Fee Schedule set forth in the attached Attachment 1 to Exhibit A.

B. In no event shall the total amount paid for the Services exceed the all-inclusive sum of $ {ContractAmount} (“Contract Amount”). This amount covers and is inclusive of all labor, materials, and any and all other costs incurred by Contractor in performing the Services.

Contractor shall be deemed to have made all inquiries and site inspections deemed necessary by Contractor prior to execution of this Agreement.

C. Unless the Fee Schedule calls for payment of a one-time flat fee, periodic payments for undisputed work shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Contractor’s invoices shall indicate the amount of time spent on each task and the applicable rate.

D. Unless the Fee Schedule calls for payment on a different schedule, Contractor shall invoice City on a monthly basis.

3. Contingency Work.

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PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
Contractor’s monthly invoice shall include a detailed description of any approved, contingency work. Any work performed by Contractor without a written amendment or approval of the City Manager, or designee, shall be deemed to be work included within the Services.

4. Term.

The term of this Agreement shall commence on {TermStartDate} (“Effective Date”). Unless extended or earlier terminated as provided herein, this Agreement shall expire on {TermEndDate} or upon satisfactory completion of the Services, whichever occurs first.

5. Time of Performance.

A. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established and agreed upon schedules and deadlines agreed upon in writing. Contractor shall commence performance within two business days of receiving City’s written notice to proceed.

B. Force Majeure. Neither party shall be considered in default of this Agreement for delays in performance caused by a force majeure event. As used in this Agreement, the term “force majeure event” means circumstances beyond the reasonable control of the non-performing party and includes the following: abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; or judicial restraint. Contractor’s lack of financial capability, shall not constitute a force majeure event unless directly attributable to any of the foregoing events.

C. Should a force majeure event occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

6. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to the Services, including costs incurred, shall be maintained by Contractor and made available for review by City at all reasonable times during the term of this Agreement and for four (4) years from the date of final payment by City.

7. Standard of Care.

Contractor’s Services shall be performed in accordance with the generally accepted professional standards of practice and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently performing similar services under similar conditions. Contractor shall maintain all professional licenses and certifications required to lawfully perform the Services.

8. Compliance with Law.

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PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
A. Contractor shall comply with all applicable laws including Cal/OSHA requirements.

B. Contractor shall obtain a City of Brea business license.

C. Contractor shall comply with all {AdditionalLegalRequirements}.

9. Assignment and Subcontracting.

A. Contractor shall not assign or transfer this Agreement or any rights or obligations under, or any interest in this Agreement, or subcontract any required performance hereunder, without the prior written consent of City, which may be withheld for any reason. City shall be deemed to have approved Contractor’s utilization of subcontractors identified in Contractor’s proposal for the Services.

B. Any attempt to so assign, transfer, or subcontract without City’s prior written consent shall be void and shall constitute grounds for City’s termination of this Agreement.

Authorized subcontracts shall contain a provision making the subcontractor subject to all requirements of this Agreement.

C. If use of a subcontractor is approved, then City may withhold 5% of each monthly payment to Contractor. Such retention shall be released upon City’s receipt of an unconditional release of all claims signed by any such subcontractor, as to work performed to date.

10. Independent Contractor.

A. Contractor is retained as an independent contractor and is not an employee of City. No employee or agent of Contractor is or shall become an employee of City.

B. Contractor will determine the means, methods, and details by which Contractor’s personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

C. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City.

Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of the Services. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor’s personnel require to perform the Services.

Contractor shall perform the Services off of City premises at locations of Contractor’s choice, except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product, or as may be necessary to inspect or visit City locations. City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about or to check on the status of projects pertaining to the Services.

D. Contractor shall be responsible for and pay all wages, salaries, benefits and other

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PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
amounts due to Contractor’s personnel in connection with the Services. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Contractor and its officers, employees, agents, and subcontractors shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) or any other retirement program, as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits or any other retirement benefits.

11. PERS Compliance.

The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the Services, Contractor shall assure compliance with the Public Employees’ Retirement Law (Government Code Section 20000 et seq.), the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013 (Government Code Section 7522 et seq.). Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

12. Insurance.

Unless otherwise permitted or waived in writing by City’s Risk Manager, Contractor shall not commence work until it has secured all insurance required under this section and provided evidence thereof that is acceptable to City. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.

A. Commercial General Liability
i. Contractor shall take out and maintain, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to City.
ii. Coverage for Commercial General Liability insurance shall be at least as broad as the following:
a. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
iii. Commercial General Liability Insurance must include coverage for the following:

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PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
a. Bodily Injury and Property Damage
b. Personal Injury/Advertising Injury
c. Premises/Operations Liability
d. Products/Completed Operations Liability
e. Aggregate Limits that Apply per Project
f. Contractual Liability with respect to this Agreement g. Broad Form Property Damage
h. Independent Contractors Coverage
iv. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to this Agreement.
v. The policy shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. vi. The general liability coverage may utilize deductibles or provide coverage excess of a self-insured retention, only if approved by City’s Risk Manager in writing, and further provided that such deductibles shall not apply to coverage of the additional insureds.

B. Automobile Liability
i. Contractor shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to City.
ii. Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
iii. The policy shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds.
iv. Subject to City’s written approval, the automobile liability coverage may utilize deductibles or provide coverage excess of a self-insured retention, provided that such deductibles shall not apply to coverage of the additional insureds.

C. Workers’ Compensation/Employer’s Liability
i. Contractor certifies that Contractor is aware of the provisions of Labor

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PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
Code Section 3700 which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she/it will comply with such provisions before commencing work under this Agreement. ii. Contractor shall maintain full compensation insurance for its employees in accordance with the Workers’ Compensation and Insurance Act (Labor Code Section 3200 et seq.) and Employer’s Liability Coverage in amounts indicated herein. Contractor shall require all subcontractors to obtain and maintain workers’ compensation coverage of the same type and limits as specified in this section.

D. Professional Liability (Errors and Omissions)
Contractor shall maintain professional liability or errors and omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to City and with the limits required herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy coverage form specifically designed to protect against acts, errors or omissions of Contractor in the performance of professional services. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.

E. Cyber Liability
If Cyber Liability is included in the Minimum Policy Limits Required below, then Contractor shall maintain cyber liability insurance providing protection against claims and liabilities arising from: (i) errors and omissions in connection with maintaining security of City Data (as defined below); (ii) data breach including theft, destruction, and/or unauthorized use of City Data; (iii) identity theft including bank charges assessed; and (iv) violation of privacy rights due to a breach of City Data.

F. Minimum Policy Limits Required
i. A.M. Best's Rating
Each policy of insurance required herein shall be from a company or companies having a current A.M. Best's rating of no less than A:VII and admitted and authorized to transact the business of insurance in the State of California.
ii. The following insurance limits are required for this Agreement:

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PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
If ☒, then required Combined Single Limit
☒Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage
☒Automobile Liability $2,000,000 per occurrence (any auto) for bodily injury and property damage
☒Workers’ Compensation In the amount required by California law ☒Employer’s Liability $1,000,000 per occurrence
☒Professional Liability $2,000,000 per claim and aggregate (errors and omissions) ☐Cyber Liability $2,000,000 per occurrence
iii. Defense costs shall be payable in addition to the limits. iv. Requirements 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. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.

G. Proof of Insurance
Within five days of execution of this Agreement, but prior to commencement of the Services, Contractor shall file with City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements.

All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.

H. Policy Provisions Required
i. Contractor shall provide City at least 30 days prior written notice of cancellation of any policy required by this Agreement, except that Contractor shall provide at least 10 days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, Contractor shall deliver renewal certificate(s) including the required additional insured endorsement to City at least 10 days prior to the effective date of cancellation or expiration.

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PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
ii. The Commercial General Liability Policy and Automobile Liability Policy shall each contain a provision stating that Contractor’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by City or any additional insureds shall not be called upon to contribute to any loss.
iii. The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. If a “claims-made” professional liability policy is provided, it shall include an extended reporting period of not less than three years. iv. All required insurance coverages, except for the professional and cyber liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, or 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 City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
v. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to City or preclude City from taking such other actions available to City under other provisions of this Agreement or law.

I. Additional Insurance Provisions
i. The foregoing requirements as to the types and limits of insurance coverage to be maintained by Contractor, and any approval of such insurance by City, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Contractor pursuant to this Agreement, including the provisions concerning indemnification.
ii. If at any time during the term of this Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, 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 terminate this Agreement for cause.
iii. City may require Contractor to provide for inspection by City, complete copies of all insurance policies in effect for the duration of the Agreement. iv. No City official, officer, employee, agent or volunteer shall be personally responsible for any liability arising under or by virtue of this Agreement. v. The insurance obligations under this Agreement shall be: (1) all the

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PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
insurance coverage and/or limits carried by or available to Contractor; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater.

Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement.

J. Subcontractor Insurance Requirements
Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to City that it has secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials as additional insureds, using ISO form CG 20 38 04 13 or an endorsement providing the same coverage. If requested by Contractor, City may approve different scopes or minimum limits of insurance for particular subcontractors.

13. Indemnification.

A. Other than in the performance of professional services, and to the fullest extent permitted by law, Contractor shall defend (with counsel reasonably approved by City), indemnify and hold City, its officials, officers, attorneys, agents, employees, servants, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) free and harmless with respect to any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages, stop notices and/or injury of any kind, in law or equity, to property or persons, including bodily injury, wrongful death, personal injury and property damage, and destruction, or unauthorized access to, use, and/or theft of City Data (collectively, “Claims”) in any manner and to the extent arising out of, pertaining to, or incidental to any act, error, omission, or willful misconduct of Contractor, its owners, officials, officers, employees, servants, subcontractors, consultants or agents (and/or any entity or individual for whom Contractor shall bear legal liability) in connection with the performance of the Services including the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses actually incurred in connection with such defense. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, or by City or any of the other Indemnitees. Contractor shall have no liability hereunder for claims and liabilities arising out of the sole, active negligence of any of the Indemnitees.

B. Professional Services. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees, from and against any and all Claims, whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of Contractor, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (and/or any entity or individual for whom Contractor shall bear legal liability) in the performance of professional services under this

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PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
Agreement. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs, actually incurred in connection with such defense.

C. Contractor’s obligations under this Section shall survive the expiration or termination of this Agreement.

14. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California without regard for change of venue laws. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Orange, State of California. Contractor must comply with the claim procedures set forth in the Government Claims act (Government Code Section 810 et seq.) prior to filing any lawsuit against City.

15. Termination.

A. City may terminate any portion or all of the Services or this Agreement with or without cause by giving 10 days’ written notice to Contractor. In such event, City shall be immediately given title to and possession of all Work Product (as defined) below and original field notes, drawings and specifications, written reports and all other documents produced or developed pursuant to this Agreement. Provided Contractor is not then in breach, City shall pay Contractor for any portion of the Services satisfactorily completed prior to termination. If termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by the parties. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation resulting from such termination.

B. Contractor may terminate this Agreement only for cause and by serving written notice of termination to City, provided Contractor has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice.

16. Ownership of Work Product.

A. All draft and final reports, documents, and other written material, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Contractor in the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made for hire” for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or

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PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
dissemination by City upon final payment being made, provided that any such use shall be at City’s sole risk. Contractor shall not obtain or attempt to obtain copyright protection as to any of the Work Product. Contractor agrees that the compensation set forth in Section 2 of this Agreement includes conveyance to City of ownership of all Work Product, including intellectual property rights, as provided in this Section 16.

B. Contractor hereby assigns to City all rights of ownership to the Work Product, including any and all related intellectual property and proprietary rights, that are not otherwise vested in City pursuant to subsection A above.

C. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment or Contractor’s default, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose. Contractor shall defend, indemnify and hold City, and the other Indemnitees harmless from any and all losses, claims or liabilities in any way related to a claim that City’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products, ideas or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement.

Contractor’s obligations under this Section shall survive the expiration or termination of this Agreement.

17. Data Security.

A. As used in this Agreement, “City Data” means any and all information and data provided or made accessible, directly or indirectly, to Contractor by City, or otherwise acquired from City, in connection with Contractor’s performance of the Services. Except where subject to a third party’s intellectual property rights, any and all City Data is solely owned by City.

Contractor is granted a limited, non-exclusive, and revocable license to use City Data solely as necessary to perform the Services. At no time shall Contractor use City Data for its own purposes, or sell, disclose or disseminate City Data, except as required by law or to provide the Services. At all times herein, Contractor shall protect and maintain the security of City Data using methods providing not less than the level of security Contractor uses for its own confidential data, and that otherwise comply with recognized industry data security standards applicable to similar kinds of governmental data and information.

B. To the extent any City Data consists of personal information as defined in

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PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
Consumer Privacy Act (Civil Code Section 1798.100 et seq.), Contractor shall comply with that statute and with Civil Code Section 1798.80, et seq., including providing the required notifications in the event of any unauthorized access of personal information stored, maintained, accessed, used or transmitted by Contractor in connection with this Agreement. Notwithstanding the foregoing, Contractor shall within 24 hours notify the City Representative by telephone and in writing of any unauthorized access of City Data. Thereafter, Contractor shall render any assistance to City and law enforcement as necessary to ascertain the nature and extent of such unauthorized access.

C. Contractor shall not store City Data using cloud-based storage without City’s prior, written consent, unless the use of such storage is clearly described in the Scope of Services. Where permitted herein, any and all cloud-based storage shall be on servers and other hardware located within the continental United States, and shall be in compliance with ISO/IEC 27001 - 27018, as applicable, unless otherwise agreed to in writing by the City Representative.

18. Party Representatives.

A. Contractor hereby designates {ContractorRepName}, or such person’s designee, as Contractor’s Representative for this Agreement, unless and until written notice of a new representative acceptable to City is provided to City.

B. City hereby designates {CityRepName} or such person’s designee, as the City Representative for this Agreement.

C. The foregoing representatives shall be authorized to provide consent where required herein, and to make other administrative decisions that will be binding on their respective party, except as otherwise specifically required herein.

19. Notices.

Any notices, invoices, or other documents related to this Agreement shall be deemed received on: (a) the day of delivery, if delivered by hand during the receiving party’s regular business hours or by e-mail before or during the receiving party’s regular business hours; (b) the business day after delivery, if delivered by e-mail after the receiving party’s regular business hours; or (c) on the second business day following deposit in the United States mail, certified mail with return receipt requested and postage prepaid, to the addresses listed below, or to such other addresses as the parties may, from time to time, designate in writing.

City Contractor
City of Brea {ContractorFullName}
1 Civic Center Circle {ConPMStreetAddress}
Brea, CA 92821 {ConPMcity}, {ConPMstate} {ConPMzip}
United States {ConPMCountry}
{CityPMName} {ConPMName}

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{CityPMEmail} {ConPMEmail}
{CityPMPhone} {ConPMPhone}

20. Third Party Rights.

Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Contractor.

21. Conflicts of Interest.

A. Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City.

B. Contractor further covenants that, in the performance of this Agreement, no subcontractor or person having any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services shall be employed.

Contractor has provided City with a list of all City-approved subcontractors and the key personnel for such subcontractors that are retained or to be retained by Contractor in connection with the performance of the Services, to assist City in affirming compliance with this Section.

C. 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. If required, Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City Clerk as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to terminate this Agreement without liability. No director, official, 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.

22. Severability.

The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

23. Successors and Assigns.

This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of the parties.

24. Non-Waiver.

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None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specified in writing, and any such waiver shall be limited to that set of circumstances and not to any future circumstances unless another written waiver is executed.

25. Time of Essence.

Time is of the essence in each and every provision of this Agreement.

26. City’s Right to Employ Other Contractors.

City reserves its right to employ other contractors to provide the Services or similar services.

27. Exhibits.

The attached {ExhibitsAttached} are incorporated herein by reference. In the event of any conflict or inconsistency between the provisions of this Agreement and any Exhibit, the provisions of this Agreement shall govern. In the event of any conflict or inconsistency between the provisions of this Scope of Services and Specifications Requirements and the Contractor’s Proposal set forth in the attached Attachment 1 to Exhibit A, the provisions of the Scope of Services and Specifications Requirements shall govern.

28. Entire Agreement.

This Agreement (including the attached Exhibits) represents the entire understanding of the parties as to the Services, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both parties. This is an integrated Agreement.
[SIGNATURES ON FOLLOWING PAGE]

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PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
TO EXECUTE THIS AGREEMENT, the Parties have caused their authorized representatives to sign below. Digital Signatures are acceptable if they conform to all requirements of California Government Code Section 16.5.
{Contractor Full Name}
By: __________________________ By: __________________________ {ConSigner1Name} {ConSigner2Name}
{ConSigner1Title} {ConSigner2Title}
{ConSigner1Email} {ConSigner2Email}
Date Signed: _______________ Date Signed: _______________ CORPs: Chairperson, President, Vice President;
LLCs: Manager
CORPs: Secretary, Asst. Secretary, Chief Finance
Officer, Asst. Treasurer
LLCs: Manager
[Pursuant to California Corporations Code Section 313, both signature lines must be executed unless the signatory holds at least one of the offices designated on each line.] [Pursuant to California Corporations Code Section 17703.01(d), both signature lines must be executed unless the articles of incorporation state that the firm is managed by only one manager.] City of Brea Attest (if over $25,000)
By: __________________________ By: __________________________ {CitySignerName} {AttestName}
{CitySignerTitle} {AttestTitle}
{CitySignerEmail} {AttestEmail}
Date Signed: _______________ Date Signed: _______________

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PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services

EXHIBIT A
Scope of Services and Specifications Requirements
I. Introduction.

The City of Brea utilizes Laserfiche version 10.4 or higher as its electronic content management system (ECMS). The Laserfiche system also utilizes a cloud-based write-once-read-many (WORM) drive hosted by RestorVault.

The City desires to contract for citywide document scanning services for scanning, indexing and quality control of historical records. Through this RFP, the City seeks a contractor that can provide the highest quality service at the most affordable price to accomplish the full scope of work on a rolling basis.

Proposals shall be reviewed and rated on the basis of qualifications, specific experience, references, familiarity with the City’s needed services and pricing, and otherwise as set forth in this RFP.

II. Background and Project Objectives.

The City requires a contractor to perform the scanning, indexing and quality control services as to a significant number of physical records that vary in size and format.

The City Clerk’s Office will serve as the Project manager and oversee performance of the Services, while working with stakeholders in various Departments citywide during their respective phases of the Project. The selected contractor will scan, index and quality control records primarily from the Building and Safety Division, Planning Division, Housing and Economic Development Division, Engineering Division, Community Services Department, and Public Works Department. File types will include, but are not limited to: building permits, entitlement files, as-built plans, large format drawings and Project files.

The Contractor will be required to perform not only scanning and indexing, but also a separate quality check of documents scanned to: 1) ensure legal compliance; 2) verify that all images are present and contain all significant details from the original document; and, 3) confirm that all images scanned are an adequate substitute for the original document for all purposes for which the document was created or maintained. Once it has been determined that the abovementioned processes have been satisfactorily completed, the City desires the files to be directly ingested into the City’s Laserfiche ECMS.

The City does not require the work to be completed on-site, but desires that the transportation (pick-up and drop-off) of the records be handled by the contractor for performance of the Services off-site. City staff will box all records in standard bankers’ boxes for transportation.

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PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
The contractor may also be required to prepare documents for scanning, which may include the removal of any staples, fasteners, metal, plastic, twine, or glue binder, and preserve reasonable organization of said files after scanning.

The objective of the citywide document imaging Project is to store documents electronically, making them searchable and easily accessible through the City’s platforms, in turn, reducing physical storage needs. The physical storage of records has created challenges in part, due to the limited availability of viable storage options. The goal of the City’s records management program is to take full advantage of the newly-implemented WORM media in relying on readily accessible digital files as opposed to cumbersome physical files, thereby paving the way for their proper destruction.

III. Scope of Work.

The City is seeking an experienced and qualified contractor to provide scanning services for a variety of documents. For each document type, the City will provide a template and folder structure within the Laserfiche repository. Each document type will have its own corresponding template with no more than four (4) required metadata fields. Staff will communicate required fields and naming conventions to the contractor prior to the start of work. i. Standards
Any and all City documents in the possession of the contractor must be stored in a safe and secure location that is climate controlled.
a. The City must have access to all documents outsourced for scanning upon request, with a hard copy or electronic file provided within 24 hours b. All scanning, indexing and Quality Assurance (“QA”) must be performed in the State of California
c. All images must be scanned at a minimum resolution of 300 dpi or higher, when necessary (i.e. color documents, large scale plans), to maintain the quality of the original image
d. File output must be in TIFF format
e. Duplex scanning of documents to capture both front and back of two-sided documents
f. Images must be oriented correctly for viewing
g. Image Clean-up: the scanned document should be de-skewed and de-speckled, blank pages and black borders removed and background suppression where the image will be enhanced by such processes
h. Manual image quality adjustment and QA of every image for clarity, quality, cutoffs or compression errors
i. Documents must be indexed with up to four (4) fields. Indexing sources may include scan sheets, file folders, and/or image verification j. All scan dimensions must be the same size as the original document k. Images are to be provided on an archival quality DVD that cannot be altered or changed

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PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
l. OCR all content with guaranteed 99.5% accuracy on images. For items that cannot properly undergo OCR, the contractor shall suggest best practices for indexing such items.
ii. Scanning Specifications
a. All scanning, indexing, and quality checking must be performed in the State of California (no off-shore or out-of-state services).
b. All scanning and indexing to be done in compliance with all applicable California State laws, and ANSI and AIIM standards (which are incorporated herein by reference and made a part of the agreement).
c. All compressed files must utilize CCITT Group IV compression. d. Resolution for scanning shall be at least 300 dpi (minimum) e. Color pages must be auto-detected. Default is black and white, only the pages that are in color are scanned in color. The contractor may not scan whole documents in color, unless the entire document is in color. f. VRS or like technology must be used on all images to improve the quality of the scan.
g. Hard-to-read images (e.g., blue mimeograph ink, dot matrix printers) will be copied and re-scanned by the contractor at no charge so that the document is as usable as the original (see below.)
h. Indexing of documents as specified for each records series. i. Any damage to documents, or other anomalies or difficulties, shall be promptly reported to the City.
j. Images in response to any request made by the City will be provided via e-mail of the scanned image within one business day. The City requires this in order to meet the Public Records Act mandate of making records promptly available to requestors.
k. Separate process from scan and index: Quality checking (by humans) is required of images to meet all legal standards including the following:
a. “Images have been quality checked, and contain all significant details from the original and are an adequate substitute for the original document for all purposes for which the document was created or maintained.” b. Quality checking (by humans) of indexing.
c. All necessary corrections shall be made by the contractor in order to meet legal standards outlined in this document.
iii. Estimated Quantities
Document types for which the Services are required include, but are not limited to, microfiche, aperture cards, large format drawings and associated documents of various standard sizes, all of which must be rendered to a format that is compatible with the electronic record management software Laserfiche Client 10.4 or higher, utilized by the City as a trusted system for digitally archiving, indexing, and searching documents.

An estimate of the total volume for each document type is provided below:

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PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
a. 16/35 mm Microfiche currently stored in envelopes – 30,000 microfiche b. 24X Microfiche currently stored in envelopes – 14,000 microfiche c. 35 mm Microfiche plans – 5 microfiche
d. 35 mm Aperture card – 250 cards
e. Letter size paper (color & black/white) – 1,500,000 sheets f. Letter size paper (advanced indexing/metadata and extra document prep) – 280,000 sheets
g. Large format drawings (black & white) – 11,250 sheets h. Large format drawings (color) - 11,250 sheets
The foregoing quantities are estimates only. The actual number of documents to be scanned may be more or less that such estimated amounts. Additional document formats not listed above may also be included. NOTE: THE CITY PROVIDES NO WARRANTY OF ANY KIND THAT

THE FOREGOING QUANTITIES WILL BE THE ACTUAL QUANTITIES FOR WHICH THE SERVICES ARE REQUIRED. ACTUAL QUANTITIES MAY BE MORE OR LESS. iv. Delivery Specifications
a. Contractor will provide receipts or other agreed-upon documentation as proof of pick-up, to be signed by the contractor staff and City staff. b. Delivered images will be ingested directly into the City’s Laserfiche ECMS, including any indexing, metadata, OCR text and quality check markers. The documents shall require no post processing by the City. c. Images will also be delivered on another agreed upon source and method of delivery (i.e. DVD-rs, FTP site, hard drives, etc.).
d. The original paper documents will be returned to the City in the same order and condition as received. Receipt of this transaction will also be required in the same manner of pick-up.
e. Documents do not have to be re-stapled or fastened, but they must be placed back into folders in which they were originally found. All documents, sections, and folders must stay in the same sequence as they were received. f. Contractor will only pick up the next Project batch when the prior batch has been returned, while maintaining a rolling pick-up/drop-off schedule. g. Contractor and City staff will discuss and agree upon a mutually acceptable turnaround time from time of notification of pickup based on the file type.

End of this Exhibit

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PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
Attachment 1 to Exhibit A
CONTRACTOR’S PROPOSAL AND FEE SCHEDULE
(attached)

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10/06/2023
RFP 2023.09.25.01 Citywide Document Scanning Services - Addendum 01 The following addendum is issued to reflect the following changes:

1. The timeline for this RFP is hereby extended and includes a non-mandatory pre-offer site walkthrough opportunity. As such, Part I (Solicitation Section) is amended as follows:

Timelines.

Release of Request for Proposals September 25, 2023
Pre-Offer Site Walkthrough Wednesday, October 18 – 11 a.m. (non-mandatory) Brea Civic & Cultural Center
1 Civic Center Circle, 3rd Floor
Brea, California 92821
Question Deadline October 27, 2023 by 4 p.m. local time Final Addendum Issued November 3, 2023
Proposal Due Date and Time November 9, 2023 by 4 p.m. local time Selection of Contractor* November 17, 2023
Finance Committee* November 28, 2023
City Council Award* December 5, 2023
Services Begins* December 15, 2023
* tentative
The non-mandatory Pre-Offer Site Walkthrough will begin at the Brea Civic & Cultural Center at 11 a.m. After touring the Brea Civic & Cultural Center, we will continue the walkthrough by visiting the Brea Public Works Yard, 545 Berry Street, Brea California, 92821. We will conclude the walkthrough at the Public Works Yard.

Interested participants must register by contacting the City Clerk’s Office at [email protected] no later than Tuesday, October 17 at 12 p.m. For questions regarding the Pre-Offer Site Walkthrough, please contact the City Clerk’s Office directly at [email protected].

2. The below required Pricing Proposal is added to this RFP and adds Sub-section iii, under I.

Cost Section within the Proposal Submission Requirements in Part I (Solicitation Section). iii. Pricing Proposal. Each vendor must complete and submit the below Fee Proposal which includes all costs associated with the performance of the full Scope of Services.

Fee Proposal should include:

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▪ Break down by a per image rate
▪ Provide a table with estimates based on information outlined in this RFP ▪ Fixed prices, including out-of-pocket expenses, for all costs associated within the scope of this proposal
▪ Additional billable costs for non-specified tasks
▪ Total fees and expenses for the entire scope of the project ▪ Any area which proposers believe should be included in the scope of work in this proposal, but which is not stipulated in this RFP, and identifies the costs associated with the services rendered.

Fee Proposal format as follows:

Scanning Item Description Per Image*
Letter, legal and 11x17 sized pages
Black and White $
Grayscale $
Color $
Large Format Drawings
Black and White $
Grayscale $
Color $
16/35 mm Microfiche (stored in
envelopes)
Black and White $
Grayscale $
Color $
24X Microfiche (stored in envelopes)
Black and White $
Grayscale $
Color $
35 mm Microfiche plans
Black and White $
Grayscale $
Color $
35 mm Aperture cards
Black and White $
Grayscale $
Color $

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*Per Image rate should include document preparation, scanning, quality assurance and metadata input.

Other Items Item Description Rate
Pickup & Delivery Fee Pick up and return trip $
Laserfiche Integration
Integration of images and metadata into the
Laserfiche repository
Each upload $
Document Preparation
Beyond standard preparation covered in the
all-inclusive rate per image above (if any)
Per hour $
Metadata Entry/Indexing
If additional indexing is requested on select
document types
Per hour $
Other (detail separately) $
Other (detail separately) $
Other (detail separately) $
There are no other changes, additions, or deletions by issuance of this addendum.

Sincerely,
Budget Manager
Administrative Services Department

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10/30/23
RFP 2023.09.25.01 Citywide Document Scanning Services - Addendum 02 The following addendum is issued to reflect the following changes:

On page 6 of the RFP, the “Award, Reject, Rescind” language is revised as follows:

Award, Reject, Rescind.

As may be in City’s best interest, City may accept and award a contract to any proposer; rescind any award; reject any or all proposals; and/or terminate this RFP process. The City also reserves the right to award a contract to perform a portion, or all of the services, to one or more proposers based upon the volume of services being requested. The project volume outlined in the Scope of Services may be separated by Department or other means in which the City determines fit.

On page 6 of the RFP, the “Agreement” language is revised as follows:

Agreement.

If an agreement is awarded, City will do so after the successful proposer has satisfied all postaward requirements (insurance, bonding, etc.). The City’s standard form of agreement is attached. Any requested changes to the contract will be considered as part of the evaluation/scoring process. The City reserves the right to enter into agreements with two or more proposers meeting all post-award requirements.

There are no other changes, additions, or deletions by issuance of this addendum.

Sincerely,
Budget Manager
Administrative Services Department

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11/01/23
RFP 2023.09.25.01 Citywide Document Scanning Services - Addendum 03 The following addendum is issued to reflect responses to questions received regarding this solicitation:

Q1: For the contract in Part III, does the City of Brea want this submitted as part of the proposal, or is this an example of the services contract to be agreed upon after the award of the RFP?
The Agreement in Part III is provided as an example of the Professional Services Agreement to be agreed upon at the award of the RFP.

Q2: Does the City have a current vendor in place performing this work? The City does not have a current vendor in place performing this work.

Q3: If a current vendor exists, please provide a copy of the vendor's contract.

The City does not have a current vendor in place performing this work.

Q4: If a current vendor contract exists, what is the average spend per year? The City does not have a current vendor in place performing this work.

Q5: Will the City provide a manifest of documents requiring digitization? If yes is it available in electronic format?
The City will provide a manifest of the files and boxes with each pickup.

Q6: Per the RFP, there will be four fields to be captured. Please provide the fields by document type.

On Page 36, under Section III Scope of Services, it outlines that documents must be indexed with “up to four (4) fields” of metadata. At this time, the City does not have a list of each document type with corresponding fields that would need to be captured. An example of a type of document that would have to be digitized are building permits. For building permits, the City would request the following fields of metadata: Permit Number, Street Number, Street Name. For this example, we will only utilize three (3) fields. As indicated, we are requesting pricing include “up to four (4) fields” of metadata, but we may have less, depending on the document type.

Q7: Does the City have a data file that can be used for auto-population and validation? The City does not have any such data file.

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Q8: Please further describe the "advanced indexing/metadata" requirements for the 280,000 paper sheets.

On page 38, under subsection iii Estimated Quantities, the reference to “advanced indexing/metadata” refers to estimate for documents that may potentially have additional fields of metadata beyond the four (4) fields.

Q9: Please further describe the "extra document prep" requirements for the 280,000 paper sheets.

On page 38, under subsection iii Estimated Quantities, it references that the City may have roughly 280,000 individual pages that are maintained in a manner which may require extra document preparation prior to scanning. These sheets are documents that may include records on carbon copy paper, that are stored in envelopes that will need to be removed, unfolded, and have staples removed prior to scanning.

Q10: What are the dimensions of the large format drawings? Large format drawings are 24"x36" and 30"x42".

Q11: Are large format documents mixed/comingled in folders with regular sized pages? Some files may have large format documents mixed in with regular sized pages.

Q12: What is the average number of pages per document?
Due to the variety of documents that we will have scanned, the City does not have an average number of pages per document available at this time.

Q13: What percentage of documents are double sided?
Due to the variety of documents that the City will have scanned, the City does not have an estimate on how many will be double sided.

Q14: Specific to microfiche:
 What is the average number of frames per microfiche?
The frames can range anywhere from 1-55 frames per film. We do not have an exact average at this time.
 What is the reduction ratio?
The reduction ratio may vary and is unknown.
 What % of microfiche will be provided on Original (Silver) film? The percentage of microfiche on Silver film is unknown at this time.  What % of microfiche will be provided on Duplicate (Diazo) film? The percentage of microfiche on Diazo film is unknown at this time.

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 What type of information is contained in the eye-readable microfiche title? Each slide title varies, but may contain the street number and name or tract number.  How old is the microfiche?
The exact age of the slides themselves is unknown, however there are frames contained on the microfiche dating back to the late 1950’s.
 What is the physical condition of a typical microfiche? The precise physical condition of a typical microfiche is unknown; however, it has been determined that some have begun to darken due to age.

Q15: Will the City consider issuing a pricing table to ensure consistency across bidders? Addendum No. 1 was issued on October 6, 2023 and includes a fee proposal format. Please refer to Addendum No. 1.

Q16: What start date (tentatively 12/1/2023), end date, or term in months does the City prefer/expect?
Addendum No. 1 updated the timeline, including the tentative project start date, which has shifted to December 15, 2023. The City will work with the selected vendor(s) to establish a timeline to complete the full scope of work. The City is proposing that the overall scope of work is executed as part of a phased approach, prioritizing higher-priority documents. The City Council has budgeted funds for Fiscal Years 2023-24 and 2024-25 to address this project.

Q17: If large format drawings are mixed with regular sized drawings, would it be acceptable to place these drawings, along with a separator sheet indicating the document it belongs to, in the original box without recombining with the original folder that it was taken from?
Yes, these files are to be returned together in the same box with their original files, however large format drawings do not need to be re-inserted into the same files that they were separated from.

Q18: Quality checking (by humans) of image and indexed data to be an "adequate substitute for the original document" sounds like a page-by-page comparison QC process, please confirm this is the desired method.

Document digitization is a singular element to the City’s overall records management plan.

One of the goals of the plan is to be able to destroy originals that have not yet met their retention, or are permanent, given all legal standards have been met in order to do so. A legally compliant quality control process is one of these standard. With that being said, we are looking for vendor(s) that will be able to complete the scope of work, including the quality control process, to all legal standards so that we may ultimately rely on the digital images and metadata in our trusted system (Laserfiche) as the City’s original record.

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Q19: Is this the first time the City is requesting these services? If not could a copy of the current agreement be provided?
Yes, this is the first time the City is requesting these services. There is no current agreement in place.

Q20: Can we bid only on the paper documents?
The City is seeking contractor(s) to provide the full scope of services as outlined in Pages 35 – 38 of the Request for Proposals. The document formats may include letter, legal and 11x17 sized pages, large format drawings, aperture cards and various sized microfiche.

Q21: Any re-prepping needed?
On page 38, subsection iv(e), “Documents do not have to be re-stapled or fastened, but they must be placed back into folders in which they were originally found. All documents, sections, and folders must stay in the same sequence as they were received.” Q22: Is there a timeline to finish the entire project by? The City will work with the selected vendor(s) to establish a timeline to complete the full scope of work. The City is proposing that the overall scope of work is executed as part of a phased approach, prioritizing certain documents over others. The City Council has budgeted funds for Fiscal Years 2023-24 and 2024-25 to address this project.

Q23: For indexing purposes, can the City provide a database to assist in data entry production? An example would be a database from the permit system listing all the permit numbers and the corresponding addresses, APNs, etc.

The City does not have any such database for paper files.

Q24: Does the City want all the files picked up at once, or a scheduled pickup/delivery such as once per month, etc.?
The City intends to produce files on a schedule that will be determined with the selected vendor(s).

Q25: Regarding the pickup of files, will the City provide manifest of documents to be picked up?
The City will provide a manifest of the files and boxes with each pickup.

Q26: If the City has a current scanning vendor, what are the current service rates? The City does not currently have a scanning vendor.

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Q27: Can the City provide all necessary Laserfiche templates of each different document type?
The City will provide all necessary Laserfiche templates and required fields for each document type.

Q28: Due to receiving notice of this RFP late, the walk through was missed. Would the City of Brea be open to scheduling a walk through past the initial date? The pre-offer walkthrough on Wednesday, October 18, 2023 was not mandatory. Any proposers unable to attend the walkthrough may submit a proposal by the due date and time stated in the RFP.

Q29: Can the City of Brea extend this RFP 2 weeks?
At this time, the City will not extend the proposal due date and time.

There are no other changes, additions, or deletions by issuance of this addendum.

Sincerely,
Budget Manager
Administrative Services Department

PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
This Professional Services Agreement (“Agreement”) is dated _____________________ for reference purposes and is executed by the City of Brea, a California municipal corporation (“City”), and Complete Paperless Solutions, LLC (CPS) a Limited Liability Company (“Contractor”).

RECITALS
A. City desires to retain Contractor as an independent contractor to provide the following professional services: As-Needed Citywide Scanning Services.

B. Contractor represents that it is duly licensed, fully authorized by law, and has the necessary experience and qualifications, to provide such services. The City enters this Agreement in reliance on such representations by Contractor.

NOW, THEREFORE, the parties agree as follows:

AGREEMENT

1. Scope of Services.

Contractor shall perform the services referenced in the Recitals and more specifically described in the City’s Request for Proposals No. 2023.09.25.01 (“RFP”), including that portion of the RFP incorporated in the Scope of Services set forth in Exhibit A attached hereto and all Addenda to the RFP, according to the schedule of responsibilities as solely established by the City’s project manager, and as otherwise required by this Agreement, all to City’s satisfaction (collectively, “Services”).

2. Compensation.

A. City shall pay for the Services satisfactorily performed, in accordance with the Fee Schedule incorporating some or all of Contractor’s Proposal, and set forth in Attachment 1 to Exhibit A hereto. Contractor agrees to allow City and other public agencies in the State of California to purchase additional items, at the same terms and conditions as this Agreement, during the period of time that Contractor’s proposal for the RFP is in effect.

B. In no event shall the total amount paid for the Services exceed the all-inclusive sum of $300,000.00 (“Contract Amount”). This amount covers and is inclusive of all labor, materials, and any and all other costs incurred by Contractor in performing the Services.

Contractor shall be deemed to have made all inquiries and site inspections deemed necessary by Contractor prior to execution of this Agreement.

D. Unless the Fee Schedule calls for payment on a different schedule, Contractor shall invoice City on a monthly basis.

PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services

3. Contingency Work.

The parties may agree on contingency work to be provided as part of the Services. A written amendment to this Agreement shall be executed for contingency work that increases the Contract Amount by more than ten (10) percent. The City Manager, or designee, is authorized to approve, in writing, contingency work that is below the foregoing limit. Contractor’s monthly invoice shall include a detailed description of any approved, contingency work. Any work performed by Contractor without a written amendment or approval of the City Manager, or designee, shall be deemed to be work included within the Services.

4. Term.

The term of this Agreement shall commence on January 18, 2024 (“Effective Date”). Unless extended or earlier terminated as provided herein, this Agreement shall expire upon satisfactory completion of the Services.

5. Time of Performance.

6. Maintenance of Records.

7. Standard of Care.

PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
Contractor’s Services shall be performed in accordance with the generally accepted professional standards of practice and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently performing similar services under similar conditions. Contractor shall maintain all professional licenses and certifications required to lawfully perform the Services.

8. Compliance with Law.

A. Contractor shall comply with all applicable laws including Cal/OSHA requirements.

B. Contractor shall obtain a City of Brea business license.

C. Contractor shall comply with all local, State, and federal laws, statutes, regulations and orders.

9. Assignment and Subcontracting.

B. Any attempt to so assign, transfer, or subcontract without City’s prior written consent shall be void and shall constitute grounds for City’s termination of this Agreement.

Authorized subcontracts shall contain a provision making the subcontractor subject to all requirements of this Agreement.

10. Independent Contractor.

A. Contractor is retained as an independent contractor and is not an employee of City. No employee or agent of Contractor is or shall become an employee of City.

C. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City.

Contractor shall perform the Services off of City premises at locations of Contractor’s choice,

PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product, or as may be necessary to inspect or visit City locations. City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about or to check on the status of projects pertaining to the Services.

D. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor’s personnel in connection with the Services. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Contractor and its officers, employees, agents, and subcontractors shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) or any other retirement program, as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits or any other retirement benefits.

11. PERS Compliance.

12. Insurance.

PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
broad as the following:
a. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
iii. Commercial General Liability Insurance must include coverage for the following:
a. Bodily Injury and Property Damage
b. Personal Injury/Advertising Injury
c. Premises/Operations Liability
d. Products/Completed Operations Liability
e. Aggregate Limits that Apply per Project
f. Contractual Liability with respect to this Agreement g. Broad Form Property Damage
h. Independent Contractors Coverage
iv. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to this Agreement.
v. The policy shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. vi. The general liability coverage may utilize deductibles or provide coverage excess of a self-insured retention, only if approved by City’s Risk Manager in writing, and further provided that such deductibles shall not apply to coverage of the additional insureds.

PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
utilize deductibles or provide coverage excess of a self-insured retention, provided that such deductibles shall not apply to coverage of the additional insureds.

C. Workers’ Compensation/Employer’s Liability
i. Contractor certifies that Contractor is aware of the provisions of Labor Code Section 3700 which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she/it will comply with such provisions before commencing work under this Agreement. ii. Contractor shall maintain full compensation insurance for its employees in accordance with the Workers’ Compensation and Insurance Act (Labor Code Section 3200 et seq.) and Employer’s Liability Coverage in amounts indicated herein. Contractor shall require all subcontractors to obtain and maintain workers’ compensation coverage of the same type and limits as specified in this section.

13. Indemnification.

C. Contractor’s obligations under this Section shall survive the expiration or termination of this Agreement.

14. Laws and Venue.

15. Termination.

16. Ownership of Work Product.

Contractor’s obligations under this Section shall survive the expiration or termination of this Agreement.

17. Data Security.

A. As used in this Agreement, “City Data” means any and all documents, records, information and data in any medium or form provided or made accessible, directly or indirectly, to Contractor by City, or otherwise acquired from City, in connection with Contractor’s performance of the Services. Except where subject to a third party’s intellectual property rights, any and all City Data is solely owned by City. Contractor is granted a limited, non-exclusive, and revocable license to use City Data solely as necessary to perform the Services. At no time shall Contractor use City Data for its own purposes, or sell, disclose or disseminate City Data, except as required by law or to provide the Services. At all times herein, Contractor shall protect and maintain the security of City Data using methods providing not less than the level of security Contractor uses for its own confidential data, and that otherwise comply with recognized industry data security standards applicable to similar kinds of governmental data and information.

B. To the extent any City Data consists of personal information as defined in

18. Party Representatives.

A. Contractor hereby designates Jamie Dunn or such person’s designee, as Contractor’s Representative for this Agreement, unless and until written notice of a new representative acceptable to City is provided to City.

B. City hereby designates Lillian Harris-Neal or such person’s designee, as the City Representative for this Agreement.

19. Notices.

City Contractor
City of Brea Complete Paperless Solutions, LLC
1 Civic Center Circle 5130 East La Palma Avenue #206
Brea, CA 92821 Anaheim, California 92807
United States United States
Victoria Popescu Jamie Dunn

PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
[email protected] [email protected]
(714) 990-7746 (760) 419-3446

20. Third Party Rights.

Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Contractor.

21. Conflicts of Interest.

22. Severability.

The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

23. Successors and Assigns.

This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of the parties.

24. Non-Waiver.

25. Time of Essence.

Time is of the essence in each and every provision of this Agreement.

26. City’s Right to Employ Other Contractors.

This is a non-exclusive agreement. City reserves its right to employ other contractors to provide the Services or similar services as City deems to be in its best interest.

27. Exhibits.

The attached Exhibits are incorporated herein by reference. In the event of any conflict or inconsistency between the provisions of the documents comprising this Agreement and any Exhibit or attachment hereto, the provisions of this Agreement, then Addenda to the RFP, then the RFP, then Exhibit A, shall govern. In the event of any conflict or inconsistency between the provisions of the Scope of Services and Specifications Requirements and the Contractor’s Proposal set forth in Attachment 1 to Exhibit A hereto, the provisions of the Scope of Services and Specifications Requirements shall govern.

28. Entire Agreement.

This Agreement (including the attached Exhibits), the RFP and all Addenda thereto, and the Contractor’s Proposal (all of which are incorporated by reference herein) represent the entire understanding and agreement of the parties as to the Services. This Agreement supersedes and cancels any prior or contemporaneous oral or written understandings, promises or representations with respect to those matters. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both parties. This is an integrated Agreement. [SIGNATURES ON FOLLOWING PAGE]

Complete Paperless Solutions, LLC
By: __________________________ By: __________________________ Jamie Dunn {ConSigner2Name}
VP of Sales {ConSigner2Title}
[email protected] {ConSigner2Email}
Date Signed: _______________ Date Signed: _______________ CORPs: Chairperson, President, Vice President;
LLCs: Manager
CORPs: Secretary, Asst. Secretary, Chief Finance
Officer, Asst. Treasurer
LLCs: Manager
[Pursuant to California Corporations Code Section 313, both signature lines must be executed unless the signatory holds at least one of the offices designated on each line.] [Pursuant to California Corporations Code Section 17703.01(d), both signature lines must be executed unless the articles of incorporation state that the firm is managed by only one manager.] City of Brea Attest (if over $25,000)
By: __________________________ By: __________________________ Christine Marick Lillian Harris-Neal
Mayor City Clerk
[email protected] [email protected]
Date Signed: _______________ Date Signed: _______________ Jamie Dunn (Dec 12, 2023 14:55 PST)

PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services

EXHIBIT A
Scope of Services and Specifications Requirements
I. Introduction.

II. Background and Project Objectives.

The City requires a contractor to perform the scanning, indexing and quality control services as to a significant number of physical records that vary in size and format.

III. Scope of Work.

An estimate of the total volume for each document type is provided below:

End of this Exhibit

PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
Attachment 1 to Exhibit A
CONTRACTOR’S PROPOSAL AND FEE SCHEDULE
(attached)

PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
This Professional Services Agreement (“Agreement”) is dated _____________________ for reference purposes and is executed by the City of Brea, a California municipal corporation (“City”), and Raycom Data Technologies, Inc. a Corporation(“Contractor”).

RECITALS
A. City desires to retain Contractor as an independent contractor to provide the following professional services: As-Needed Citywide Scanning Services.

NOW, THEREFORE, the parties agree as follows:

AGREEMENT

1. Scope of Services.

2. Compensation.

Contractor shall be deemed to have made all inquiries and site inspections deemed necessary by Contractor prior to execution of this Agreement.

D. Unless the Fee Schedule calls for payment on a different schedule, Contractor shall invoice City on a monthly basis.

3. Contingency Work.

PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
The parties may agree on contingency work to be provided as part of the Services. A written amendment to this Agreement shall be executed for contingency work that increases the Contract Amount by more than ten (10) percent. The City Manager, or designee, is authorized to approve, in writing, contingency work that is below the foregoing limit. Contractor’s monthly invoice shall include a detailed description of any approved, contingency work. Any work performed by Contractor without a written amendment or approval of the City Manager, or designee, shall be deemed to be work included within the Services.

4. Term.

5. Time of Performance.

6. Maintenance of Records.

7. Standard of Care.

Contractor’s Services shall be performed in accordance with the generally accepted professional standards of practice and principles and in a manner consistent with the level of care

PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
and skill ordinarily exercised by members of the profession currently performing similar services under similar conditions. Contractor shall maintain all professional licenses and certifications required to lawfully perform the Services.

8. Compliance with Law.

A. Contractor shall comply with all applicable laws including Cal/OSHA requirements.

B. Contractor shall obtain a City of Brea business license.

C. Contractor shall comply with all local, State, and federal laws, statutes, regulations and orders.

9. Assignment and Subcontracting.

B. Any attempt to so assign, transfer, or subcontract without City’s prior written consent shall be void and shall constitute grounds for City’s termination of this Agreement.

Authorized subcontracts shall contain a provision making the subcontractor subject to all requirements of this Agreement.

10. Independent Contractor.

A. Contractor is retained as an independent contractor and is not an employee of City. No employee or agent of Contractor is or shall become an employee of City.

C. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City.

PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
as may be necessary to inspect or visit City locations. City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about or to check on the status of projects pertaining to the Services.

11. PERS Compliance.

12. Insurance.

PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
a. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
iii. Commercial General Liability Insurance must include coverage for the following:
a. Bodily Injury and Property Damage
b. Personal Injury/Advertising Injury
c. Premises/Operations Liability
d. Products/Completed Operations Liability
e. Aggregate Limits that Apply per Project
f. Contractual Liability with respect to this Agreement g. Broad Form Property Damage
h. Independent Contractors Coverage
iv. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to this Agreement.
v. The policy shall be endorsed to name City, its officials, officers, employees, agents, servants, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. vi. The general liability coverage may utilize deductibles or provide coverage excess of a self-insured retention, only if approved by City’s Risk Manager in writing, and further provided that such deductibles shall not apply to coverage of the additional insureds.

PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
C. Workers’ Compensation/Employer’s Liability
i. Contractor certifies that Contractor is aware of the provisions of Labor Code Section 3700 which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she/it will comply with such provisions before commencing work under this Agreement. ii. Contractor shall maintain full compensation insurance for its employees in accordance with the Workers’ Compensation and Insurance Act (Labor Code Section 3200 et seq.) and Employer’s Liability Coverage in amounts indicated herein. Contractor shall require all subcontractors to obtain and maintain workers’ compensation coverage of the same type and limits as specified in this section.

13. Indemnification.

C. Contractor’s obligations under this Section shall survive the expiration or termination of this Agreement.

14. Laws and Venue.

15. Termination.

16. Ownership of Work Product.

Contractor’s obligations under this Section shall survive the expiration or termination of this Agreement.

17. Data Security.

B. To the extent any City Data consists of personal information as defined in

18. Party Representatives.

A. Contractor hereby designates Ayaz Pandhiani or such person’s designee, as Contractor’s Representative for this Agreement, unless and until written notice of a new representative acceptable to City is provided to City.

B. City hereby designates Lillian Harris-Neal or such person’s designee, as the City Representative for this Agreement.

19. Notices.

City Contractor
City of Brea Raycom Data Technologies, Inc.
1 Civic Center Circle 1320 E Imperial Avenue
Brea, CA 92821 El Segundo, CA 90245
United States United States
Victoria Popescu Ayaz Pandhiani

PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
[email protected] [email protected]
(714) 990-7746 (310) 322-5113

20. Third Party Rights.

Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Contractor.

21. Conflicts of Interest.

22. Severability.

The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

23. Successors and Assigns.

This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of the parties.

24. Non-Waiver.

25. Time of Essence.

Time is of the essence in each and every provision of this Agreement.

26. City’s Right to Employ Other Contractors.

This is a non-exclusive agreement. City reserves its right to employ other contractors to provide the Services or similar services as City deems to be in its best interest.

27. Exhibits.

28. Entire Agreement.

Raycom Data Technologies, Inc.

By: __________________________ By: __________________________ Ayaz Pandhiani {ConSigner2Name}
President {ConSigner2Title}
[email protected] {ConSigner2Email}
Date Signed: _______________ Date Signed: _______________ CORPs: Chairperson, President, Vice President;
LLCs: Manager
CORPs: Secretary, Asst. Secretary, Chief Finance
Officer, Asst. Treasurer
LLCs: Manager
[Pursuant to California Corporations Code Section 313, both signature lines must be executed unless the signatory holds at least one of the offices designated on each line.] [Pursuant to California Corporations Code Section 17703.01(d), both signature lines must be executed unless the articles of incorporation state that the firm is managed by only one manager.] City of Brea Attest (if over $25,000)
By: __________________________ By: __________________________ Christine Marick Lillian Harris-Neal
Mayor City Clerk
[email protected] [email protected]
Date Signed: _______________ Date Signed: _______________

Ayaz Pandhiani (Dec 13, 2023 09:13 PST)

PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services

EXHIBIT A
Scope of Services and Specifications Requirements
I. Introduction.

II. Background and Project Objectives.

The City requires a contractor to perform the scanning, indexing and quality control services as to a significant number of physical records that vary in size and format.

III. Scope of Work.

An estimate of the total volume for each document type is provided below:

End of this Exhibit

PROFESSIONAL SERVICES AGREEMENT
Citywide Document Scanning Services
Attachment 1 to Exhibit A
CONTRACTOR’S PROPOSAL AND FEE SCHEDULE
(attached)
City of Brea
City Council Regular Meeting Communication
Upcoming City Council Topics January – June 2024
Meeting
Tuesday, January 16, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 6D
TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager
Attachments
Upcoming Topics January - June 2024.pdf

RECOMMENDATION
Receive and file report of the Upcoming City Council Topics for January – June 2024.

BACKGROUND/DISCUSSION
Every six months, staff prepares an Upcoming City Council Topics list for review by the City Council. The purpose of this list is to give the City Council an early indication of the matters in the various City departments that staff will be placing on a future City Council agenda for policy direction. The list of Upcoming Topics for January - June 2024 has been prepared and is transmitted for information and consideration. Staff is prepared to answer any questions that the City Council may have on the items submitted.

FISCAL IMPACT/SUMMARY
No fiscal impact.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Yerika Ambriz, Senior Management Analyst
Upcoming City Council Topics
January 16, 2024

Page 1 of 2 ends

Brea City CouncilJanuary 16, 2024

Brea City Council
January 16, 2024