Agenda packet — Orange City Council, April 12, 2022 (part 4 of 7)

457
COMMUNITY DEVELOPMENT/OMNIA REG 4 CONTRACT R191812
Susan Deese
Business Development Manager
562-810-7903
[email protected]

RANDY NGUYEN

CITY OF ORANGE
300 E CHAPMAN AVE

ORANGE CA
3/28/2022
542736
Product Sell Price :

Date:

Unit
Reference #:
ph
P r o p o s a l
ExtendedItem Qty
544PAINT COLOR SILVER PEARL
93P78PST
NARRATE2019,78W,FRAME MOUNTED SUPPORT TRAXX
1 $33.03 $33.03102

STDMPAINT PRICE GROUP STANDARD GROUP M,METALLIC
544PAINT COLOR SILVER PEARL
93P78PTT
NARRATE2019,78W,FRAME MOUNTED TRIM TRAXX
3 $27.95 $83.85103

STDMPAINT PRICE GROUP STANDARD GROUP M,METALLIC
544PAINT COLOR SILVER PEARL
33P241ITTTA
NARRATE,24W,1 HIGH,FABRIC TILE,FIRE RATED,TRIM TRAXX
18 $12.21 $219.78104

AFABRIC GRADE GRADE A RAILROADED
10287FABRIC PATTERN COLOR PLINTH DRIFT
33P241ITTTA
NARRATE,24W,1 HIGH,FABRIC TILE,FIRE RATED,TRIM TRAXX
6 $12.21 $73.26105

AFABRIC GRADE GRADE A RAILROADED
10288FABRIC PATTERN COLOR PLINTH GRANITE
33P242ITTTA
NARRATE,24W,2 HIGH,FABRIC TILE,FIRE RATED,TRIM TRAXX
6 $21.78 $130.68106

AFABRIC GRADE GRADE A RAILROADED
10288FABRIC PATTERN COLOR PLINTH GRANITE
33P24TCP
NARRATE,24W,TOP CAP,PAINT
6 $12.54 $75.24107

Page 21 of 41 ends

458
COMMUNITY DEVELOPMENT/OMNIA REG 4 CONTRACT R191812
Susan Deese
Business Development Manager
562-810-7903
[email protected]

RANDY NGUYEN

CITY OF ORANGE
300 E CHAPMAN AVE

ORANGE CA
3/28/2022
542736
Product Sell Price :

Date:

Unit
Reference #:
ph
P r o p o s a l
ExtendedItem Qty

FTOP CAP PROFILE FLAT

STDMTOP CAP PAINT PRICE GROUP STANDARD GROUP M,METALLIC 544PAINT COLOR SILVER PEARL
93P243FP
NARRATE2019,24W,3 HIGH,FRAME,POWERED
6 $135.40 $812.40108
8SPOWER OPTION 8 WIRE,SHARED NEUTRAL
P1WIREWAY COVER 1 PUNCHED,1 NON-PUNCHED

STDMWIREWAY PAINT PRICE GROUP STANDARD GROUP M,METALLIC 544PAINT COLOR SILVER PEARL
93P24MFS
NARRATE2019,24W,MID-FRAME SUPPORT
6 $13.86 $83.16109
93P24PTT
NARRATE2019,24W,FRAME MOUNTED TRIM TRAXX
30 $8.71 $261.30110

STDMPAINT PRICE GROUP STANDARD GROUP M,METALLIC
544PAINT COLOR SILVER PEARL
33P36TCP
NARRATE,36W,TOP CAP,PAINT
1 $14.85 $14.85111

FTOP CAP PROFILE FLAT

STDMTOP CAP PAINT PRICE GROUP STANDARD GROUP M,METALLIC 544PAINT COLOR SILVER PEARL
33P421ITTTA
NARRATE,42W,1 HIGH,FABRIC TILE,FIRE RATED,TRIM TRAXX
2 $19.14 $38.28112

AFABRIC GRADE GRADE A RAILROADED
10287FABRIC PATTERN COLOR PLINTH DRIFT
33P422ITSTA1 $36.30 $36.30113

Page 22 of 41 ends

459
COMMUNITY DEVELOPMENT/OMNIA REG 4 CONTRACT R191812
Susan Deese
Business Development Manager
562-810-7903
[email protected]

RANDY NGUYEN

CITY OF ORANGE
300 E CHAPMAN AVE

ORANGE CA
3/28/2022
542736
Product Sell Price :

Date:

Unit
Reference #:
ph
P r o p o s a l
ExtendedItem Qty
NARRATE,42W,2 HIGH,FABRIC TILE,FIRE RATED,SUPPORT TRAXX

AFABRIC GRADE GRADE A RAILROADED
10287FABRIC PATTERN COLOR PLINTH DRIFT
33P42TCP
NARRATE,42W,TOP CAP,PAINT
1 $16.50 $16.50114

FTOP CAP PROFILE FLAT

STDMTOP CAP PAINT PRICE GROUP STANDARD GROUP M,METALLIC 544PAINT COLOR SILVER PEARL
33P781ITTTA
NARRATE,78W,1 HIGH,FABRIC TILE,FIRE RATED,TRIM TRAXX
3 $34.32 $102.96115

AFABRIC GRADE GRADE A RAILROADED
10287FABRIC PATTERN COLOR PLINTH DRIFT
33P781ITTTA
NARRATE,78W,1 HIGH,FABRIC TILE,FIRE RATED,TRIM TRAXX
1 $34.32 $34.32116

AFABRIC GRADE GRADE A RAILROADED
10288FABRIC PATTERN COLOR PLINTH GRANITE
33P782ITSTA
NARRATE,78W,2 HIGH,FABRIC TILE,FIRE RATED,SUPPORT TRAXX 1 $61.38 $61.38117

AFABRIC GRADE GRADE A RAILROADED
10288FABRIC PATTERN COLOR PLINTH GRANITE
33PEJB18
NARRATE,ELECTRICAL,JUMPER,PANEL-TO-PANEL,8 WIRE
1 $28.05 $28.05118
93P363FP1 $155.36 $155.36119

Page 23 of 41 ends

460
COMMUNITY DEVELOPMENT/OMNIA REG 4 CONTRACT R191812
Susan Deese
Business Development Manager
562-810-7903
[email protected]

RANDY NGUYEN

CITY OF ORANGE
300 E CHAPMAN AVE

ORANGE CA
3/28/2022
542736
Product Sell Price :

Date:

Unit
Reference #:
ph
P r o p o s a l
ExtendedItem Qty
NARRATE2019,36W,3 HIGH,FRAME,POWERED
8SPOWER OPTION 8 WIRE,SHARED NEUTRAL
PD1WIREWAY COVER 1 PUNCHED POWER & DATA,1 BLANK

STDMWIREWAY PAINT PRICE GROUP STANDARD GROUP M,METALLIC 544PAINT COLOR SILVER PEARL
93P36MFS
NARRATE2019,36W,MID-FRAME SUPPORT
1 $17.16 $17.16120
93P425FP
NARRATE2019,42W,5 HIGH,FRAME,POWERED
1 $193.48 $193.48121
8SPOWER OPTION 8 WIRE,SHARED NEUTRAL
PD1WIREWAY COVER 1 PUNCHED POWER & DATA,1 BLANK

STDMWIREWAY PAINT PRICE GROUP STANDARD GROUP M,METALLIC 544PAINT COLOR SILVER PEARL
93P42MFS
NARRATE2019,42W,MID-FRAME SUPPORT
3 $18.48 $55.44122
93P42PST
NARRATE2019,42W,FRAME MOUNTED SUPPORT TRAXX
1 $18.88 $18.88123

STDMPAINT PRICE GROUP STANDARD GROUP M,METALLIC
544PAINT COLOR SILVER PEARL
93P42PTT
NARRATE2019,42W,FRAME MOUNTED TRIM TRAXX
2 $14.52 $29.04124

STDMPAINT PRICE GROUP STANDARD GROUP M,METALLIC
544PAINT COLOR SILVER PEARL

Page 24 of 41 ends

461
COMMUNITY DEVELOPMENT/OMNIA REG 4 CONTRACT R191812
Susan Deese
Business Development Manager
562-810-7903
[email protected]

RANDY NGUYEN

CITY OF ORANGE
300 E CHAPMAN AVE

ORANGE CA
3/28/2022
542736
Product Sell Price :

Date:

Unit
Reference #:
ph
P r o p o s a l
ExtendedItem Qty
93P78PST
NARRATE2019,78W,FRAME MOUNTED SUPPORT TRAXX
1 $33.03 $33.03125

STDMPAINT PRICE GROUP STANDARD GROUP M,METALLIC
544PAINT COLOR SILVER PEARL
93P78PTT
NARRATE2019,78W,FRAME MOUNTED TRIM TRAXX
4 $27.95 $111.80126

STDMPAINT PRICE GROUP STANDARD GROUP M,METALLIC
544PAINT COLOR SILVER PEARL
33P36TCP
NARRATE,36W,TOP CAP,PAINT
1 $14.85 $14.85127

FTOP CAP PROFILE FLAT

STDMTOP CAP PAINT PRICE GROUP STANDARD GROUP M,METALLIC 544PAINT COLOR SILVER PEARL
33P422ITSTA
NARRATE,42W,2 HIGH,FABRIC TILE,FIRE RATED,SUPPORT TRAXX 2 $36.30 $72.60128

AFABRIC GRADE GRADE A RAILROADED
10287FABRIC PATTERN COLOR PLINTH DRIFT
33P42TCP
NARRATE,42W,TOP CAP,PAINT
1 $16.50 $16.50129

FTOP CAP PROFILE FLAT

STDMTOP CAP PAINT PRICE GROUP STANDARD GROUP M,METALLIC 544PAINT COLOR SILVER PEARL
33P781ITTTA2 $34.32 $68.64130

Page 25 of 41 ends

462
COMMUNITY DEVELOPMENT/OMNIA REG 4 CONTRACT R191812
Susan Deese
Business Development Manager
562-810-7903
[email protected]

RANDY NGUYEN

CITY OF ORANGE
300 E CHAPMAN AVE

ORANGE CA
3/28/2022
542736
Product Sell Price :

Date:

Unit
Reference #:
ph
P r o p o s a l
ExtendedItem Qty
NARRATE,78W,1 HIGH,FABRIC TILE,FIRE RATED,TRIM TRAXX

AFABRIC GRADE GRADE A RAILROADED
10287FABRIC PATTERN COLOR PLINTH DRIFT
33P782ITSTA
NARRATE,78W,2 HIGH,FABRIC TILE,FIRE RATED,SUPPORT TRAXX 2 $61.38 $122.76131

AFABRIC GRADE GRADE A RAILROADED
10288FABRIC PATTERN COLOR PLINTH GRANITE
33PEJB18
NARRATE,ELECTRICAL,JUMPER,PANEL-TO-PANEL,8 WIRE
1 $28.05 $28.05132
93P363FP
NARRATE2019,36W,3 HIGH,FRAME,POWERED
1 $155.36 $155.36133
8SPOWER OPTION 8 WIRE,SHARED NEUTRAL
PD2WIREWAY COVER 2 PUNCHED POWER & DATA

STDMWIREWAY PAINT PRICE GROUP STANDARD GROUP M,METALLIC 544PAINT COLOR SILVER PEARL
93P425FP
NARRATE2019,42W,5 HIGH,FRAME,POWERED
1 $193.48 $193.48134
8SPOWER OPTION 8 WIRE,SHARED NEUTRAL
PD2WIREWAY COVER 2 PUNCHED POWER & DATA

STDMWIREWAY PAINT PRICE GROUP STANDARD GROUP M,METALLIC 544PAINT COLOR SILVER PEARL
93P42MFS
NARRATE2019,42W,MID-FRAME SUPPORT
2 $18.48 $36.96135

Page 26 of 41 ends

463
COMMUNITY DEVELOPMENT/OMNIA REG 4 CONTRACT R191812
Susan Deese
Business Development Manager
562-810-7903
[email protected]

RANDY NGUYEN

CITY OF ORANGE
300 E CHAPMAN AVE

ORANGE CA
3/28/2022
542736
Product Sell Price :

Date:

Unit
Reference #:
ph
P r o p o s a l
ExtendedItem Qty
93P42PST
NARRATE2019,42W,FRAME MOUNTED SUPPORT TRAXX
2 $18.88 $37.76136

STDMPAINT PRICE GROUP STANDARD GROUP M,METALLIC
544PAINT COLOR SILVER PEARL
93P78PST
NARRATE2019,78W,FRAME MOUNTED SUPPORT TRAXX
2 $33.03 $66.06137

STDMPAINT PRICE GROUP STANDARD GROUP M,METALLIC
544PAINT COLOR SILVER PEARL
93P78PTT
NARRATE2019,78W,FRAME MOUNTED TRIM TRAXX
2 $27.95 $55.90138

STDMPAINT PRICE GROUP STANDARD GROUP M,METALLIC
544PAINT COLOR SILVER PEARL
33P841ITTTA
NARRATE,84W,1 HIGH,FABRIC TILE,FIRE RATED,TRIM TRAXX
3 $36.30 $108.90139

AFABRIC GRADE GRADE A RAILROADED
10287FABRIC PATTERN COLOR PLINTH DRIFT
33P841ITTTA
NARRATE,84W,1 HIGH,FABRIC TILE,FIRE RATED,TRIM TRAXX
1 $36.30 $36.30140

AFABRIC GRADE GRADE A RAILROADED
10288FABRIC PATTERN COLOR PLINTH GRANITE
33P842ITSTA
NARRATE,84W,2 HIGH,FABRIC TILE,FIRE RATED,SUPPORT TRAXX 1 $66.66 $66.66141

AFABRIC GRADE GRADE A RAILROADED

Page 27 of 41 ends

464
COMMUNITY DEVELOPMENT/OMNIA REG 4 CONTRACT R191812
Susan Deese
Business Development Manager
562-810-7903
[email protected]

RANDY NGUYEN

CITY OF ORANGE
300 E CHAPMAN AVE

ORANGE CA
3/28/2022
542736
Product Sell Price :

Date:

Unit
Reference #:
ph
P r o p o s a l
ExtendedItem Qty
10288FABRIC PATTERN COLOR PLINTH GRANITE
33P84TCP
NARRATE,84W,TOP CAP,PAINT
1 $33.00 $33.00142

FTOP CAP PROFILE FLAT

STDMTOP CAP PAINT PRICE GROUP STANDARD GROUP M,METALLIC 544PAINT COLOR SILVER PEARL
33PEJB18
NARRATE,ELECTRICAL,JUMPER,PANEL-TO-PANEL,8 WIRE
1 $28.05 $28.05143
93P363FP
NARRATE2019,36W,3 HIGH,FRAME,POWERED
1 $155.36 $155.36144
8SPOWER OPTION 8 WIRE,SHARED NEUTRAL
PD1WIREWAY COVER 1 PUNCHED POWER & DATA,1 BLANK

STDMWIREWAY PAINT PRICE GROUP STANDARD GROUP M,METALLIC 544PAINT COLOR SILVER PEARL
93P36MFS
NARRATE2019,36W,MID-FRAME SUPPORT
1 $17.16 $17.16145
93P483FP
NARRATE2019,48W,3 HIGH,FRAME,POWERED
1 $177.51 $177.51146
8SPOWER OPTION 8 WIRE,SHARED NEUTRAL
PD1WIREWAY COVER 1 PUNCHED POWER & DATA,1 BLANK

STDMWIREWAY PAINT PRICE GROUP STANDARD GROUP M,METALLIC 544PAINT COLOR SILVER PEARL
93P48MFS1 $20.13 $20.13147

Page 28 of 41 ends

465
COMMUNITY DEVELOPMENT/OMNIA REG 4 CONTRACT R191812
Susan Deese
Business Development Manager
562-810-7903
[email protected]

RANDY NGUYEN

CITY OF ORANGE
300 E CHAPMAN AVE

ORANGE CA
3/28/2022
542736
Product Sell Price :

Date:

Unit
Reference #:
ph
P r o p o s a l
ExtendedItem Qty
NARRATE2019,48W,MID-FRAME SUPPORT
93P84PST
NARRATE2019,84W,FRAME MOUNTED SUPPORT TRAXX
1 $35.94 $35.94148

STDMPAINT PRICE GROUP STANDARD GROUP M,METALLIC
544PAINT COLOR SILVER PEARL
93P84PTT
NARRATE2019,84W,FRAME MOUNTED TRIM TRAXX
4 $32.31 $129.24149

STDMPAINT PRICE GROUP STANDARD GROUP M,METALLIC
544PAINT COLOR SILVER PEARL
33P661ITTTA
NARRATE,66W,1 HIGH,FABRIC TILE,FIRE RATED,TRIM TRAXX
9 $28.71 $258.39150

AFABRIC GRADE GRADE A RAILROADED
10287FABRIC PATTERN COLOR PLINTH DRIFT
33P661ITTTA
NARRATE,66W,1 HIGH,FABRIC TILE,FIRE RATED,TRIM TRAXX
3 $28.71 $86.13151

AFABRIC GRADE GRADE A RAILROADED
10288FABRIC PATTERN COLOR PLINTH GRANITE
33P662ITSTA
NARRATE,66W,2 HIGH,FABRIC TILE,FIRE RATED,SUPPORT TRAXX 3 $53.79 $161.37152

AFABRIC GRADE GRADE A RAILROADED
10288FABRIC PATTERN COLOR PLINTH GRANITE
33P66TCP3 $22.11 $66.33153

Page 29 of 41 ends

466
COMMUNITY DEVELOPMENT/OMNIA REG 4 CONTRACT R191812
Susan Deese
Business Development Manager
562-810-7903
[email protected]

RANDY NGUYEN

CITY OF ORANGE
300 E CHAPMAN AVE

ORANGE CA
3/28/2022
542736
Product Sell Price :

Date:

Unit
Reference #:
ph
P r o p o s a l
ExtendedItem Qty
NARRATE,66W,TOP CAP,PAINT

FTOP CAP PROFILE FLAT

STDMTOP CAP PAINT PRICE GROUP STANDARD GROUP M,METALLIC 544PAINT COLOR SILVER PEARL
93P303FN
NARRATE2019,30W,3 HIGH,FRAME,NON-POWERED
3 $99.46 $298.38154
NP2WIREWAY COVER 2 NON-PUNCHED

STDMWIREWAY PAINT PRICE GROUP STANDARD GROUP M,METALLIC 544PAINT COLOR SILVER PEARL
93P30MFS
NARRATE2019,30W,MID-FRAME SUPPORT
3 $15.51 $46.53155
93P363FN
NARRATE2019,36W,3 HIGH,FRAME,NON-POWERED
3 $108.17 $324.51156
NP2WIREWAY COVER 2 NON-PUNCHED

STDMWIREWAY PAINT PRICE GROUP STANDARD GROUP M,METALLIC 544PAINT COLOR SILVER PEARL
93P36MFS
NARRATE2019,36W,MID-FRAME SUPPORT
3 $17.16 $51.48157
93P66PST
NARRATE2019,66W,FRAME MOUNTED SUPPORT TRAXX
3 $27.23 $81.69158

STDMPAINT PRICE GROUP STANDARD GROUP M,METALLIC
544PAINT COLOR SILVER PEARL
93P66PTT12 $23.23 $278.76159

Page 30 of 41 ends

467
COMMUNITY DEVELOPMENT/OMNIA REG 4 CONTRACT R191812
Susan Deese
Business Development Manager
562-810-7903
[email protected]

RANDY NGUYEN

CITY OF ORANGE
300 E CHAPMAN AVE

ORANGE CA
3/28/2022
542736
Product Sell Price :

Date:

Unit
Reference #:
ph
P r o p o s a l
ExtendedItem Qty
NARRATE2019,66W,FRAME MOUNTED TRIM TRAXX

STDMPAINT PRICE GROUP STANDARD GROUP M,METALLIC
544PAINT COLOR SILVER PEARL
33P36TCP
NARRATE,36W,TOP CAP,PAINT
1 $14.85 $14.85160

FTOP CAP PROFILE FLAT

STDMTOP CAP PAINT PRICE GROUP STANDARD GROUP M,METALLIC 544PAINT COLOR SILVER PEARL
33P421ITTTA
NARRATE,42W,1 HIGH,FABRIC TILE,FIRE RATED,TRIM TRAXX
2 $19.14 $38.28161

AFABRIC GRADE GRADE A RAILROADED
10287FABRIC PATTERN COLOR PLINTH DRIFT
33P422ITTTA
NARRATE,42W,2 HIGH,FABRIC TILE,FIRE RATED,TRIM TRAXX
1 $36.30 $36.30162

AFABRIC GRADE GRADE A RAILROADED
10287FABRIC PATTERN COLOR PLINTH DRIFT
33P42TCP
NARRATE,42W,TOP CAP,PAINT
1 $16.50 $16.50163

FTOP CAP PROFILE FLAT

STDMTOP CAP PAINT PRICE GROUP STANDARD GROUP M,METALLIC 544PAINT COLOR SILVER PEARL
33P781ITTTA
NARRATE,78W,1 HIGH,FABRIC TILE,FIRE RATED,TRIM TRAXX
3 $34.32 $102.96164

Page 31 of 41 ends

468
COMMUNITY DEVELOPMENT/OMNIA REG 4 CONTRACT R191812
Susan Deese
Business Development Manager
562-810-7903
[email protected]

RANDY NGUYEN

CITY OF ORANGE
300 E CHAPMAN AVE

ORANGE CA
3/28/2022
542736
Product Sell Price :

Date:

Unit
Reference #:
ph
P r o p o s a l
ExtendedItem Qty

AFABRIC GRADE GRADE A RAILROADED
10287FABRIC PATTERN COLOR PLINTH DRIFT
33P781ITTTA
NARRATE,78W,1 HIGH,FABRIC TILE,FIRE RATED,TRIM TRAXX
1 $34.32 $34.32165

AFABRIC GRADE GRADE A RAILROADED
10288FABRIC PATTERN COLOR PLINTH GRANITE
33P782ITSTA
NARRATE,78W,2 HIGH,FABRIC TILE,FIRE RATED,SUPPORT TRAXX 1 $61.38 $61.38166

AFABRIC GRADE GRADE A RAILROADED
10288FABRIC PATTERN COLOR PLINTH GRANITE
33PEJB18
NARRATE,ELECTRICAL,JUMPER,PANEL-TO-PANEL,8 WIRE
1 $28.05 $28.05167
93P363FP
NARRATE2019,36W,3 HIGH,FRAME,POWERED
1 $155.36 $155.36168
8SPOWER OPTION 8 WIRE,SHARED NEUTRAL
PD1WIREWAY COVER 1 PUNCHED POWER & DATA,1 BLANK

STDMWIREWAY PAINT PRICE GROUP STANDARD GROUP M,METALLIC 544PAINT COLOR SILVER PEARL
93P36MFS
NARRATE2019,36W,MID-FRAME SUPPORT
1 $17.16 $17.16169
93P425FP
NARRATE2019,42W,5 HIGH,FRAME,POWERED
1 $193.48 $193.48170
8SPOWER OPTION 8 WIRE,SHARED NEUTRAL

Page 32 of 41 ends

469
COMMUNITY DEVELOPMENT/OMNIA REG 4 CONTRACT R191812
Susan Deese
Business Development Manager
562-810-7903
[email protected]

RANDY NGUYEN

CITY OF ORANGE
300 E CHAPMAN AVE

ORANGE CA
3/28/2022
542736
Product Sell Price :

Date:

Unit
Reference #:
ph
P r o p o s a l
ExtendedItem Qty
PD1WIREWAY COVER 1 PUNCHED POWER & DATA,1 BLANK

STDMWIREWAY PAINT PRICE GROUP STANDARD GROUP M,METALLIC 544PAINT COLOR SILVER PEARL
93P42MFS
NARRATE2019,42W,MID-FRAME SUPPORT
3 $18.48 $55.44171
93P42PTT
NARRATE2019,42W,FRAME MOUNTED TRIM TRAXX
3 $14.52 $43.56172

STDMPAINT PRICE GROUP STANDARD GROUP M,METALLIC
544PAINT COLOR SILVER PEARL
93P78PST
NARRATE2019,78W,FRAME MOUNTED SUPPORT TRAXX
1 $33.03 $33.03173

STDMPAINT PRICE GROUP STANDARD GROUP M,METALLIC
544PAINT COLOR SILVER PEARL
93P78PTT
NARRATE2019,78W,FRAME MOUNTED TRIM TRAXX
4 $27.95 $111.80174

STDMPAINT PRICE GROUP STANDARD GROUP M,METALLIC
544PAINT COLOR SILVER PEARL
33P241ITTTA
NARRATE,24W,1 HIGH,FABRIC TILE,FIRE RATED,TRIM TRAXX
3 $12.21 $36.63175

AFABRIC GRADE GRADE A RAILROADED
10287FABRIC PATTERN COLOR PLINTH DRIFT
33P241ITTTA
NARRATE,24W,1 HIGH,FABRIC TILE,FIRE RATED,TRIM TRAXX
1 $12.21 $12.21176

Page 33 of 41 ends

470
COMMUNITY DEVELOPMENT/OMNIA REG 4 CONTRACT R191812
Susan Deese
Business Development Manager
562-810-7903
[email protected]

RANDY NGUYEN

CITY OF ORANGE
300 E CHAPMAN AVE

ORANGE CA
3/28/2022
542736
Product Sell Price :

Date:

Unit
Reference #:
ph
P r o p o s a l
ExtendedItem Qty

AFABRIC GRADE GRADE A RAILROADED
10288FABRIC PATTERN COLOR PLINTH GRANITE
33P242ITTTA
NARRATE,24W,2 HIGH,FABRIC TILE,FIRE RATED,TRIM TRAXX
1 $21.78 $21.78177

AFABRIC GRADE GRADE A RAILROADED
10288FABRIC PATTERN COLOR PLINTH GRANITE
33P24TCP
NARRATE,24W,TOP CAP,PAINT
1 $12.54 $12.54178

FTOP CAP PROFILE FLAT

STDMTOP CAP PAINT PRICE GROUP STANDARD GROUP M,METALLIC 544PAINT COLOR SILVER PEARL
93P243FN
NARRATE2019,24W,3 HIGH,FRAME,NON-POWERED
1 $91.11 $91.11179
NP2WIREWAY COVER 2 NON-PUNCHED

STDMWIREWAY PAINT PRICE GROUP STANDARD GROUP M,METALLIC 544PAINT COLOR SILVER PEARL
93P24MFS
NARRATE2019,24W,MID-FRAME SUPPORT
1 $13.86 $13.86180
93P24PTT
NARRATE2019,24W,FRAME MOUNTED TRIM TRAXX
5 $8.71 $43.55181

STDMPAINT PRICE GROUP STANDARD GROUP M,METALLIC
544PAINT COLOR SILVER PEARL
33P661ITTTA12 $28.71 $344.52182

Page 34 of 41 ends

471
COMMUNITY DEVELOPMENT/OMNIA REG 4 CONTRACT R191812
Susan Deese
Business Development Manager
562-810-7903
[email protected]

RANDY NGUYEN

CITY OF ORANGE
300 E CHAPMAN AVE

ORANGE CA
3/28/2022
542736
Product Sell Price :

Date:

Unit
Reference #:
ph
P r o p o s a l
ExtendedItem Qty
NARRATE,66W,1 HIGH,FABRIC TILE,FIRE RATED,TRIM TRAXX

AFABRIC GRADE GRADE A RAILROADED
10287FABRIC PATTERN COLOR PLINTH DRIFT
33P661ITTTA
NARRATE,66W,1 HIGH,FABRIC TILE,FIRE RATED,TRIM TRAXX
4 $28.71 $114.84183

AFABRIC GRADE GRADE A RAILROADED
10288FABRIC PATTERN COLOR PLINTH GRANITE
33P662ITSTA
NARRATE,66W,2 HIGH,FABRIC TILE,FIRE RATED,SUPPORT TRAXX 4 $53.79 $215.16184

AFABRIC GRADE GRADE A RAILROADED
10288FABRIC PATTERN COLOR PLINTH GRANITE
33P66TCP
NARRATE,66W,TOP CAP,PAINT
4 $22.11 $88.44185

FTOP CAP PROFILE FLAT

STDMTOP CAP PAINT PRICE GROUP STANDARD GROUP M,METALLIC 544PAINT COLOR SILVER PEARL
93P303FN
NARRATE2019,30W,3 HIGH,FRAME,NON-POWERED
4 $99.46 $397.84186
NP2WIREWAY COVER 2 NON-PUNCHED

STDMWIREWAY PAINT PRICE GROUP STANDARD GROUP M,METALLIC 544PAINT COLOR SILVER PEARL
93P30MFS
NARRATE2019,30W,MID-FRAME SUPPORT
4 $15.51 $62.04187

Page 35 of 41 ends

472
COMMUNITY DEVELOPMENT/OMNIA REG 4 CONTRACT R191812
Susan Deese
Business Development Manager
562-810-7903
[email protected]

RANDY NGUYEN

CITY OF ORANGE
300 E CHAPMAN AVE

ORANGE CA
3/28/2022
542736
Product Sell Price :

Date:

Unit
Reference #:
ph
P r o p o s a l
ExtendedItem Qty
93P363FN
NARRATE2019,36W,3 HIGH,FRAME,NON-POWERED
4 $108.17 $432.68188
NP2WIREWAY COVER 2 NON-PUNCHED

STDMWIREWAY PAINT PRICE GROUP STANDARD GROUP M,METALLIC 544PAINT COLOR SILVER PEARL
93P36MFS
NARRATE2019,36W,MID-FRAME SUPPORT
4 $17.16 $68.64189
93P66PST
NARRATE2019,66W,FRAME MOUNTED SUPPORT TRAXX
4 $27.23 $108.92190

STDMPAINT PRICE GROUP STANDARD GROUP M,METALLIC
544PAINT COLOR SILVER PEARL
93P66PTT
NARRATE2019,66W,FRAME MOUNTED TRIM TRAXX
16 $23.23 $371.68191

STDMPAINT PRICE GROUP STANDARD GROUP M,METALLIC
544PAINT COLOR SILVER PEARL
$43,983.30
Z-All
KS2GMK

UNIVERSAL,LOCK CORE,RED-GRAND MASTER KEY
1 $5.61 $5.61192
KSCD1CK

UNIVERSAL,LOCK CORE,YELLOW-CHANGE KEY
1 $3.63 $3.63193
KSCG0011 $9.57 $9.57194

Page 36 of 41 ends

473
COMMUNITY DEVELOPMENT/OMNIA REG 4 CONTRACT R191812
Susan Deese
Business Development Manager
562-810-7903
[email protected]

RANDY NGUYEN

CITY OF ORANGE
300 E CHAPMAN AVE

ORANGE CA
3/28/2022
542736
Product Sell Price :

Date:

Unit
Reference #:
ph
P r o p o s a l
ExtendedItem Qty
LOCK CORE,SILVER CORE WITH BLACK HINGED KEY,KEY 001
KSCG002
LOCK CORE,SILVER CORE WITH BLACK HINGED KEY,KEY 002
3 $9.57 $28.71195
KSCG003
LOCK CORE,SILVER CORE WITH BLACK HINGED KEY,KEY 003
3 $9.57 $28.71196
KSCG004
LOCK CORE,SILVER CORE WITH BLACK HINGED KEY,KEY 004
3 $9.57 $28.71197
KSCG005
LOCK CORE,SILVER CORE WITH BLACK HINGED KEY,KEY 005
3 $9.57 $28.71198
KSCG006
LOCK CORE,SILVER CORE WITH BLACK HINGED KEY,KEY 006
3 $9.57 $28.71199
KSCG007
LOCK CORE,SILVER CORE WITH BLACK HINGED KEY,KEY 007
3 $9.57 $28.71200
KSCG008
LOCK CORE,SILVER CORE WITH BLACK HINGED KEY,KEY 008
3 $9.57 $28.71201
KSCG0093 $9.57 $28.71202

Page 37 of 41 ends

474
COMMUNITY DEVELOPMENT/OMNIA REG 4 CONTRACT R191812
Susan Deese
Business Development Manager
562-810-7903
[email protected]

RANDY NGUYEN

CITY OF ORANGE
300 E CHAPMAN AVE

ORANGE CA
3/28/2022
542736
Product Sell Price :

Date:

Unit
Reference #:
ph
P r o p o s a l
ExtendedItem Qty
LOCK CORE,SILVER CORE WITH BLACK HINGED KEY,KEY 009
KSCG010
LOCK CORE,SILVER CORE WITH BLACK HINGED KEY,KEY 010
1 $9.57 $9.57203
$258.06
Z-Misc

INSTALLATION
Receive, deliver and install during normal business hours. 1 $6,481.33 $6,481.33204
Free & ready access to space.

No stair carry.

Includes prevailing wage.

One trip only.
$6,481.33
CITY OF ORANGE ESTIMATED SALES TAX (9.25%)
$4,901.92 $4,901.92
Total: $57,895.66

Page 38 of 41 ends

475
COMMUNITY DEVELOPMENT/OMNIA REG 4 CONTRACT R191812
Susan Deese
Business Development Manager
562-810-7903
[email protected]

RANDY NGUYEN

CITY OF ORANGE
300 E CHAPMAN AVE

ORANGE CA
3/28/2022
542736
Product Sell Price :

Date:

Unit
Reference #:
ph
P r o p o s a l
ExtendedItem Qty
Proposal Notes
Deposit Required:

Additional Information:

Page 39 of 41 ends

476
477
COMMUNITY DEVELOPMENT/OMNIA REG 4 CONTRACT R191812
Susan Deese
Business Development Manager
562-810-7903
[email protected]

RANDY NGUYEN

CITY OF ORANGE
300 E CHAPMAN AVE

ORANGE CA
3/28/2022
542736
Product Sell Price :

Date:

Unit
Reference #:
ph
P r o p o s a l
ExtendedItem Qty
Special Instructions:

Proposal valid for 30 days
Please note: a deposit is required on all furniture orders prior to order placement One of the following is required prior to placing your order: Signed Terms and Condition, Furniture Agreement on file or a Workspace Interiors Furniture Addendum on file
Workspace Interiors may require additional credit information, prior to placing your order The appropriate tax will be applied at the time of invoicing This proposal contains Special Order items that are Not Returnable Once an order is placed, cancellations are Not Allowed.

Estimated leadtime is subject to the manufactures production / shipping schedule

Page 41 of 41 ends

478
Agenda Item
City Council
Item #: 3.27. 4/12/2022 File #: 22-0150
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of six speed radar feedback signs from Fortel Traffic, Inc. as a single source vendor.

2. SUMMARY
Speed radar feedback signs are effective speed management and traffic calming tools. Signs made by Fortel Traffic, Inc. have been selected, and are only sold direct through the manufacturer.

3. RECOMMENDED ACTION
Approve the single source purchase of six speed radar feedback signs from Fortel Traffic, Inc. for $51,850.

4. FISCAL IMPACT
The total expenditure for this purchase, including a 10% contingency, is $51,850 and will be funded in Minor Traffic Control Devices (16302) through General Fund (500).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b. Provide and maintain infrastructure necessary to ensure the safety of the public

6. DISCUSSION AND BACKGROUND
Among the more common concerns expressed by residents and motorists is speeding on city streets.

One of the more flexible tools for addressing the concerns is the speed radar feedback (digital speed display) sign. Studies have shown that, when used appropriately, the signs have the potential to achieve speed reductions of up to 5 miles-per-hour. As an added benefit, the new generation of radar signs can collect speed and volume data that is broken down by time of day. This information can then be provided to law enforcement to identify specific times of day where police presence could be both productive and efficient.

The City has currently deployed all of its available radar feedback signs, and additional units must be procured so that the City can continue to adequately respond to speeding concerns.

For upcoming and future procurements, staff has identified signs made by Fortel Traffic, Inc. (Fortel) City of Orange Printed on 4/7/2022Page 1 of 2
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Item #: 3.27. 4/12/2022 File #: 22-0150
as most compatible with the City’s current needs, for reasons including:
· Unique advanced technical features;
· Past deployments of Fortel signs in the City have proven durable and maintenance-friendly; and
· Fortel is a local company (Anaheim) with the ability to deliver products to the City in a timely manner, despite recent challenges in materials transport.

Staff has researched available competitive options and, with the approval of the City Manager, certifies the required materials are offered by only one vendor. The total amount of this procurement is $51,850.

7. ATTACHMENTS
· Single Source Certification
· Quote
City of Orange Printed on 4/7/2022Page 2 of 2
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480
Agenda Item
City Council
Item #: 3.27. 4/12/2022 File #: 22-0150
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of six speed radar feedback signs from Fortel Traffic, Inc. as a single source vendor.

3. RECOMMENDED ACTION
Approve the single source purchase of six speed radar feedback signs from Fortel Traffic, Inc. for $51,850.

4. FISCAL IMPACT
The total expenditure for this purchase, including a 10% contingency, is $51,850 and will be funded in Minor Traffic Control Devices (16302) through General Fund (500).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b. Provide and maintain infrastructure necessary to ensure the safety of the public

6. DISCUSSION AND BACKGROUND
Among the more common concerns expressed by residents and motorists is speeding on city streets.

The City has currently deployed all of its available radar feedback signs, and additional units must be procured so that the City can continue to adequately respond to speeding concerns.

For upcoming and future procurements, staff has identified signs made by Fortel Traffic, Inc. (Fortel) City of Orange Printed on 4/7/2022Page 1 of 2
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481
Item #: 3.27. 4/12/2022 File #: 22-0150
as most compatible with the City’s current needs, for reasons including:
· Unique advanced technical features;
· Past deployments of Fortel signs in the City have proven durable and maintenance-friendly; and
· Fortel is a local company (Anaheim) with the ability to deliver products to the City in a timely manner, despite recent challenges in materials transport.

7. ATTACHMENTS
· Single Source Certification
· Quote
City of Orange Printed on 4/7/2022Page 2 of 2
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482
483

1 VCalm®SM-16 (Sole Source Letter) 032422.doc

Thursday, March 24, 2022

To: Dave Allenbach
City of Orange
300 East Chapman Ave
Orange, CA 92866

[email protected]

From: Emery B. Dyer
Fortel Traffic, Inc.
[email protected]

Re: Sole source letter

Dear Dave,

Fortel Traffic, Inc. is the sole manufacture and distributor for the VCalm® brand of safety products. This includes the VCalm®SM-16 and VCalm® VMS (120 and Solar type) sign products (standard City of Orange products).

These signs offer capabilities not available in other radar speed signs.

Some of the features that set the Fortel VCalm® signs apart from others include;

1. The Fortel VCalm® signs are the only speed radar sign to offer VSpeed™Online (“VSO”). This web based program allows your agency to program the operation and analysis of traffic data via an internet based portal. The sign operation and program is created on the web portal and stored on an SD card for placement in the sign. VSO is a user definable internet accessi ble program that is always up- to date without any software cost or need for disks , etc. With features/ benefits like simulation/ configuration to avoid timely erro rs, maintenance database, pixel monitoring to self diagnose and detect LED pixel fa ilures, intuitive warnings such as power, voltage monitoring, anti-solar panel thef t alert system, user definable email violator alert with optional modem, Street Vi ew, and calendaring of special events.

2. VSO also calculates the effectiveness of the sig n by monitoring whether vehicles accelerated, decelerated, or remained neutral withi n the radar zone. This Entry, Exit, Peak, and Low speed calculation for each vehi cle empirically proves the level of effectiveness of the sign. VSO also graphs incremental statistics of motorists speeds throughout a 24 hour time period. This allows the user to determine when the sign is most effective on a 24 h our clock. VSpeed™Online Brochure document:
http://www.forteltraffic.com/needs/download.php?id=249

3. The SDHC card that is contained within the sign also allows 80 years of data storage capability with a 16 gigabyte card. Fortel Traffic is truly the only provider 484

2 VCalm®SM-16 (Sole Source Letter) 032422.doc
with the capability to connect real time to the sig n with the addition of a data modem.

4. Fortel Traffic, Inc. radar speed feedback sign h as more LED’s than any other radar sign on the market. Fortel utilizes proprieta ry PWMS (e.g., pulse, width, modulation, scanning) technology with 20 watts on a verage per day. The sign is also equipped with 100 different dimming settings t hat can be preprogrammed based on time of day/ location needs.

5. The Fortel VCalm® signs are the only signs manuf actured with the capability to include a flashing beacon system designed by the ra dar speed sign manufacturer. This unique feature allows a flashin g beacon to be powered and controlled by the internal Fortel VCalm®SM-16 sign controller. The solar system utilized on the Fortel VCalm® signs are designed wi th the anticipation of powering a flashing LED beacon. Competitive radar s peed sign manufacturers typically need supply an additional beacon system in order to provide the flashing beacon(s).

Fortel traffic has been in the business of manufact uring radar speed signs longer than any other manufacturer. Fortel Traffic has supplie d over 15,000 signs across the nation during our 20 years of operation. This includes ma ny neighboring agencies as satisfied customers.

I look forward to the opportunity of working with y ou to help create a safer environment for the City of Orange.

Sincerely,

Emery B. Dyer
President
Fortel Traffic, Inc.
485
Quote
Date
2/28/2022
FTI Quote #
10949
Customer Name
City of Orange
300 East Chapman Ave
Orange, CA 92866
Ship To
City of Orange
Terms
1% 20 N 30
Rep
EBD
FOB
Destination
Project 10949 VCalm®SM16-S 022822
Contact
Dave Allenbach
Phone
714-744-5536
Fax Freight
Total
Subtotal
Sales Tax (7.75%) This quote is good for 30 days. Shipping not included. Sales tax will be added if a resale certificate is not provided. Standard lead time is 30 days. Expedite fee will be added if faster shipping is needed.

Thanks for the opportunity to Quote!
Item Description Qty U/M
1000-6002 VCalm® SM-16, 32 x 42, "Your Speed" 6 ea
4230-0241 VCalm® S-SM 15, 16 & 18, Adjustable/Tiltab le/Rotational Sign Mounting System 6 ea 2000-1401 VCalm® Solar Package (SP1) 100w [1], 100ah Batteries [2]) 6 ea 4230-1050 Bracket, Mounting, Solar, Side Of Pole, As sembly 6 ea 4735-0000 GPS, Assembly 6 ea
4340-0000 Photodiodes, Automatic Dimming 6 ea
4242-0000 Strobe, White 6 ea
5000-0040 Labor, Installation on existing pole (750) 6 ea $47,136.68
$44,070.00
$3,066.68
486
Agenda Item
City Council
Item #: 3.28. 4/12/2022 File #: 22-0164
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of seventeen battery back-up systems from JTB Supply Company, a sole source vendor, and twelve wireless radios from Encom Wireless Data Solutions Inc. for the Traffic Operations Division.

2. SUMMARY
Request to authorize a purchase order in the amount of $108,805.95 with JTB Supply Company (a sole source vendor), and $26,198.32 with Encom Wireless Data Solutions Inc. for a total of $135,004.27.

3. RECOMMENDED ACTION

1. Authorize JTB Supply Company as a sole source vendor.

2. Approve the purchase of seventeen Myers battery back-up systems from JTB Supply Company, a sole source vendor, for $108,805.95.

3. Approve the purchase of twelve E-Lite wireless radios from Encom Wireless Data Solutions Inc. for $26,198.32.

4. FISCAL IMPACT
The total expenditure for these purchases, including a 10% contingency, is $135,004.27 and will be funded in Traffic Signal Controller Changeout (16305) through Gas Tax 2105 (272) and Capital Projects (500).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
The City of Orange maintains and operates a total of 158 signalized intersections, 141 of which are currently equipped with battery back-up systems (BBS). Through a combination of local and OCTA funding across the past several years, the City has been actively and incrementally retrofitting its traffic signal controllers with BBS, with the goal of achieving a secondary power source at all City of Orange Printed on 4/7/2022Page 1 of 2
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487
Item #: 3.28. 4/12/2022 File #: 22-0164
traffic signal controllers with BBS, with the goal of achieving a secondary power source at all signalized intersections citywide. The purchase of these additional 17 BBS, together with 5 other units that have already been programmed for installation as part of other traffic signal synchronization projects, will complete that effort. This will allow for continued traffic signal operation everywhere in the city during short-term power failures. This is expected to enhance traffic safety for road users.

The 12 wireless radios will replace obsolete units that are either no longer working or supported by the manufacturer. These wireless radios provide a crucial link of communication between signalized intersections and the City’sTraffic Management Center (TMC), allowing staff to remotely monitor traffic signal operations and more immediately respond to traffic incidents.

Staff recommends the purchase of Myers battery back-up systems and E-Lite wireless radios. JTB Supply Company is the sole distributor for Myers products, including the battery back-up systems, for the Southern Region of the State of California. Myers BBS equipment has been selected by the City of Orange in previous projects for its reliability, and continuing with Myers BBS achieves consistency and maintenance efficiency throughout the City.

Staff reached out to multiple distributors for quotes for the wireless radios, with the following two quotes being received. The remaining distributors either did not respond or were unable to supply.

Encom Wireless Data Solutions Inc. $23,816.65
Crosstown Electrical & Data, Inc. $29,674.35
The total amount of the procurement is $135,004.27 (sum of original quotes of $98,914.50 for the battery back-up systems and $23,816.65 for the wireless radios, plus 10 percent contingency).

7. ATTACHMENTS
· Quote from JTB Supply Company
· Quote from Encom Wireless Data Solutions Inc.
· Sole Source Letter from Myers Power Products, Inc.

City of Orange Printed on 4/7/2022Page 2 of 2
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488
Agenda Item
City Council
Item #: 3.28. 4/12/2022 File #: 22-0164
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

3. RECOMMENDED ACTION

1. Authorize JTB Supply Company as a sole source vendor.

2. Approve the purchase of seventeen Myers battery back-up systems from JTB Supply Company, a sole source vendor, for $108,805.95.

3. Approve the purchase of twelve E-Lite wireless radios from Encom Wireless Data Solutions Inc. for $26,198.32.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
The City of Orange maintains and operates a total of 158 signalized intersections, 141 of which are currently equipped with battery back-up systems (BBS). Through a combination of local and OCTA funding across the past several years, the City has been actively and incrementally retrofitting its traffic signal controllers with BBS, with the goal of achieving a secondary power source at all City of Orange Printed on 4/7/2022Page 1 of 2
powered by Legistar™
489
Item #: 3.28. 4/12/2022 File #: 22-0164
traffic signal controllers with BBS, with the goal of achieving a secondary power source at all signalized intersections citywide. The purchase of these additional 17 BBS, together with 5 other units that have already been programmed for installation as part of other traffic signal synchronization projects, will complete that effort. This will allow for continued traffic signal operation everywhere in the city during short-term power failures. This is expected to enhance traffic safety for road users.

7. ATTACHMENTS
· Quote from JTB Supply Company
· Quote from Encom Wireless Data Solutions Inc.
· Sole Source Letter from Myers Power Products, Inc.

City of Orange Printed on 4/7/2022Page 2 of 2
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490

Quotation

To: Jimmy @ City of Orange
Quote #: 220310-15
From: Mindy Myers
Project: Myers BBS RFQ

JTB Supply is pleased to quote on the following equipment:

17 – BC100HZG/LH-B $5,400 $91,800
Part# 527290 (2 shelf model)
(1) BC100HZG-LH-enclosure, (1) MP2000TBE w/ ethernet,
(1) Battery Cable Harness, (1) PTS assy w/ manual bypass Generator transfer switch, (1) 30A Gen Recptacle,
(1) Fan/T-stat assy
Aluminum white powder coated enclosure,
(4) 79Ah Batteries

7.75%tax $7,114.50
Total $98,914.50

1 – Tech Support, if needed per location $450

Delivery: 8 – 10 weeks ARO
Terms: Net 30, Pending Credit Verification, MC, VISA, AMEX accepted with surcharge of 4% of transaction amount
Quote valid for 30 Days.

Prices subject to change, if order not released
within 60 days from the purchase order date.

Freight: Included
Sales tax is included.

Sincerely,
JTB Supply Co., Inc.

Mindy Myers
491
1Mar 8, 2022
Encom Wireless Data Solutions Inc.

Mar 8, 2022
Qty. Item Number Description Unit Price UOM Extended Price Reference PO Number Customer No . Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
QUOTE ITE002 NS SELECT N30
QT16653
640 - 42 Avenue NE
Suite 7
Calgary, Alberta T2E 7J9
Canada
(403) 230-1122Phone:

CITY OF ORANGE
ATTN: JIMMY ROCHA

CITY OF ORANGE
ATTN: JIMMY ROCHA
4/5/2022
Expected Ship Date
4/14/2022
Deliver by Date
12 E-Lite 5.8, Integrated Antenna, KIT 1,960.00 EA 23,520.00ELT-58-INT-US-KIT Includes:
1x Articulating Mounting Bracket
1x 24V Gigabit PoE Adapter
1x CAT5 Jumper Cable, 6ft
1x CAT5e Outdoor Cable, 150ft
.

EST. FREIGHT (Actual Freight May Vary) 296.65FRT
Boxes: 4
Size: 17x17x17"
Weight per box: 42
Carrier: UPS
Service: 3-day Service
.
.

Quote: valid for 30 days
Lead time: 5 to 7 weeks
Payment: NET30, PO Accepted
Shipping: estimate provided
FOB ENCOM Wireless
.

Sales & Ordering Contact:

Neel Shingadia, B.Eng
[email protected]
Cell: 403.701.7577
Tax Summary:
23,816.65
23,816.65

0.00 0.00USGST
Subtotal
Total sales tax
Total order
Comments:
492
493
Agenda Item
City Council
Item #: 3.29. 4/12/2022 File #: 22-0172
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Authorize purchase of leased fiber services from Crown Castle Fiber LLC.

2. SUMMARY
Leased fiber services will provide network connectivity for Fire Station 2, Fire Station 8, and Hart Park.

3. RECOMMENDED ACTION

1. Approve the purchase of leased fiber services from Crown Castle Fiber LLC for $150,000 for one-time costs and a $2,400 monthly recurring cost over a five-year term.

2. Authorize the City Manager to sign the service order.

4. FISCAL IMPACT
The total expenditure of this service order is $294,000 and will be funded through:

Capital Project (500), Fiber Optic Cable Installation (30071) $150,000 Information Systems (780) 144,000
Total: $294,000
Although the 60-month service order for monthly recurring costs is $144,000, outgoing services from AT&T and Spectrum will mostly offset these leased fiber costs. The net estimated annual operating cost increase impact is under $10,000.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

6. DISCUSSION AND BACKGROUND
Fire station 8, Fire Station 2, and Hart Park are in areas difficult to reach through City-owned fiber.

There is a scarcity of third-party servicing choices for these locations. AT&T and Spectrum provide some level of servicing to some of these areas but do not offer the desired dedicated high-speed fiber services. Enablement of fiber services to Fire Station 2 will allow for a point-to-point wireless link from Fire Station 2 to the Grijalva Sports Center and from Grijalva Sports Center to Handy Park.

The Handy Park point-to-point link is in place today. The point-to-point link from Fire Station 2 to the Grijalva Sports Center is budgeted and will be separately presented to City Council. Therefore, City of Orange Printed on 4/6/2022Page 1 of 2
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494
Item #: 3.29. 4/12/2022 File #: 22-0172
Grijalva Sports Center is budgeted and will be separately presented to City Council. Therefore, approval of this service order will also enable improved communications for Grijalva Sports Center and Handy Park.

Additionally, service will be added at Hart Park where no connectivity exists today. Hart Park is home to a surveillance system that is currently operated as a stand-alone system. This connection will allow for the Community Services and Police Departments to access these cameras remotely. This also allows for the opportunity to install public Wi-Fi at Hart Park, which would be beneficial to park patrons, particularly during Concerts in the Park.

The initial one-time cost to install the fiber at the three sites is $50,000 per site, for a total of $150,000. The monthly cost for the service at each site is $800 per month, for a total of $28,800 per year over a five-year term. Current leased services from AT&T for Fire Station 8, Grijalva Sports Center, and a head-end connection to the Civic Center will be discontinued. Spectrum services for Fire Station 2 will also be discontinued. Therefore, the net operating cost increase difference of the added services less the discontinued services is under $10,000 per year. Although this is in an increase, it is noteworthy to highlight the fiber services from Crown Castle will provide dedicated private network communications from Civic Center’sdatacenter to each of these locations. The fiber service from Crown Castle will perform at 1 gigabit per second compared to the outgoing service which is 20 megabits per second.

Staff explored installing City-owned fiber to these locations. Station 8 and Hart Park are not close enough to existing City-owned fiber to make such a project practical to connect a single location.

Staff had been in the early planning stages of extending fiber down Wanda Road from Katella Avenue, a distance of about half a mile. The cost to install fiber on this segment would be approximately $300,000. This would have allowed us to connect Fire Station 2 directly to fiber and connect Grijalva and Handy parks via point-to-point wireless. Staff analyzed the two options and found that the Crown Castle approach is a better approach from both a timing and cost perspective.

We would be at least 12 to 18 months away from installing fiber to Station 2 if we built it ourselves, since the fiber on Katella Avenue still needs to be installed, whereas Crown Castle will be able to complete installation in about six months. Additionally, since Crown Castle owns the fiber, they would be responsible for any repairs as a result of a cut line or other failure. Finally, at an installation cost of $50,000 and annual service payments of $9,600 for five years, then adjusting for inflation thereafter, the break-even point for installing our own fiber would be approximately 20 years, which is approximately the useful life of a strand of fiber. Since the City would be utilizing Crown Castle services at other sites irrespective of our approach at Fire Station 2, staff recommends installing their services at all three locations.

This service order is provided via General Services Administration (GSA) cooperative agreement Multiple Award Schedule (MAS) contract, number GS-35F-465DA.

7. ATTACHMENTS
· Crown Castle Fiber LLC service order
City of Orange Printed on 4/6/2022Page 2 of 2
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495
Agenda Item
City Council
Item #: 3.29. 4/12/2022 File #: 22-0172
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Authorize purchase of leased fiber services from Crown Castle Fiber LLC.

2. SUMMARY
Leased fiber services will provide network connectivity for Fire Station 2, Fire Station 8, and Hart Park.

3. RECOMMENDED ACTION

1. Approve the purchase of leased fiber services from Crown Castle Fiber LLC for $150,000 for one-time costs and a $2,400 monthly recurring cost over a five-year term.

2. Authorize the City Manager to sign the service order.

4. FISCAL IMPACT
The total expenditure of this service order is $294,000 and will be funded through:

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

6. DISCUSSION AND BACKGROUND
Fire station 8, Fire Station 2, and Hart Park are in areas difficult to reach through City-owned fiber.

The Handy Park point-to-point link is in place today. The point-to-point link from Fire Station 2 to the Grijalva Sports Center is budgeted and will be separately presented to City Council. Therefore, City of Orange Printed on 4/6/2022Page 1 of 2
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496
Item #: 3.29. 4/12/2022 File #: 22-0172
Grijalva Sports Center is budgeted and will be separately presented to City Council. Therefore, approval of this service order will also enable improved communications for Grijalva Sports Center and Handy Park.

Staff explored installing City-owned fiber to these locations. Station 8 and Hart Park are not close enough to existing City-owned fiber to make such a project practical to connect a single location.

This service order is provided via General Services Administration (GSA) cooperative agreement Multiple Award Schedule (MAS) contract, number GS-35F-465DA.

7. ATTACHMENTS
· Crown Castle Fiber LLC service order
City of Orange Printed on 4/6/2022Page 2 of 2
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Licensee or Customer Contact Detail
Licensee or Customer
City of Orange
Address
300 E Chapman Ave
Address & Contact
City, State
Orange, CA 92866
Phone
714-926-9101
Fax
Name
City of Orange
Email
Billing Address & Contact
Billing Address
300 E. Chapman Ave
Phone
City, State
Orange, CA 92866
Fax
Technical Contact
Name
Primary Phone
E-mail
Alternate Phone
Product Detail
Dark Fiber #1
# Fibers
2 Estimated Route Miles

12.60 Estim. Fiber Miles

25.20 Product Type
Point to Point
Total MRC
$800.00
Total NRC
$50,000.00
Install Lead Time
180 Days
Location A
5725 Carver Ln, 1st Floor, Orange, CA 92867
Location Z
300 E Chapman Ave, 1st Floor, Orange, CA 92866
Dark Fiber #2
# Fibers
2 Estimated Route Miles

10.80 Estim. Fiber Miles

21.60 Product Type
Point to Point
Total MRC
$800.00
Total NRC
$50,000.00
Install Lead Time
180 Days
Location A
701 S Glassell St, 1st Floor, Orange, CA 92865
Location Z
300 E Chapman Ave, 1st Floor, Orange, CA 92866
Dark Fiber #3
# Fibers
2 Estimated Route Miles

12.60 Estim. Fiber Miles

25.20 Product Type
Point to Point
Total MRC
$800.00
Total NRC
$50,000.00
Install Lead Time
180 Days
Location A
2900 E Collins Ave, 1st Floor, Orange, CA 92867
Location Z
300 E Chapman Ave, 1st Floor, Orange, CA 92866
Order Summary
Salesperson
Stephen Rogers
Term (Months)
60 Client Service Mgr
Douglas Wagner
Order Contact
Contact Email
Pricing & Contract Terms
NRC *
MRC*
Dark Fiber
$150,000.00
$2,400.00
Total
$150,000.00
$2,400.00
*Pricing shown does not reflect applicable taxes and fees.

ORDER ACCEPTANCE
This Order Form is entered into between Provider (or
³
Company
´

and Customer (or
³
Licensee
´

and shall be effective as of the date of the last signature below. This Order Form is made expressly subject to the terms of that certain General Services Administration (GSA) Multiple Award Schedule (MAS) contract, number GS-35F-465DA, dated August 18, 2016, which is made a part hereof and incorporated herein by reference.

Licensee or
Customer
Company or Provider
City of Orange
Crown Castle Fiber LLC
XXX
Signature
##Signature##
Signature
##CCSignature##
XXX
Name/Title
##Title##
Name/Title
##CCTitle##
Date
##Date##
Date
##CCDate##
PRO83439
L240303
12/30/2021 6:16 PM
V21
Order Form
2021-83439
SO #
New
Order Type:
498
Agenda Item
City Council
Item #: 3.30. 4/12/2022 File #: 22-0188
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of permanent easement and temporary construction easement from the Orange County Flood Control District to facilitate construction of a new per- and polyfluoroalkyl substances (PFAS) treatment system facility at Well 20.

2. SUMMARY
A permanent easement area totaling 7,680 square feet is needed to accommodate the proposed PFAS treatment system and related appurtenances for Well 20. In addition, a 10-foot wide temporary construction easement around the proposed treatment site and haul route access along the Santa Ana River east bank is necessary to accommodate the construction of the facility.

3. RECOMMENDED ACTION
Authorize the Mayor and City Clerk to execute a purchase agreement and related documents concerning the purchase and quitclaim of easements for the future site of the new PFAS treatment system facility at Well 20. The purchase price, including administrative fees, is $36,564.

4. FISCAL IMPACT
The total expenditure for this purchase is $36,564 and will be funded in Well Rehabilitation (18214) through Water Fund (600).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4.Provide outstanding public service:
b. Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
Water quality sampling of City of Orange wells indicated elevated levels of per-and polyfluoroalkyl substances (PFAS) with concentrations exceeding the State of California Division of Drinking Water’s Response Levels (RLs). Currently, Orange has eight wells taken out of service until a treatment system is in place. Construction is ongoing at four of the eight wells and is anticipated to be completed in Spring of 2022.

The design of PFAS treatment systems for the remaining wells, including Well 20, is ongoing with City of Orange Printed on 4/7/2022Page 1 of 2
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Item #: 3.30. 4/12/2022 File #: 22-0188
The design of PFAS treatment systems for the remaining wells, including Well 20, is ongoing with construction tentatively scheduled for the summer of 2022. Due to limited space available at the existing site of Well 20, the new treatment site will be situated 200 feet south of the Well on land owned by the Orange County Flood Control District (OCFCD). The Orange County Water District (OCWD) provides funding for the design and construction of PFAS treatment system facilities through a treatment agreement with the City; however, land acquisition is not a reimbursable project expense.

City staff approached the OCFCD, the property owner, to inquire and negotiate acquisition of permanent easements and a temporary construction easement on their property. There is an existing easement in favor of the City at the proposed site, though it has been determined to be inadequate in size for the Project needs. Additional easement is also required to cover existing and proposed underground utility spanning the distance between Well 20 and the proposed treatment site. A 10- foot wide temporary construction easement around the proposed treatment site and haul route access along the Santa Ana River east bank is also necessary to accommodate the construction of the facility.

The easements were appraised for a net purchase price of $31,564 as determined by the County’s appraiser. The net purchase price plus an administrative transaction payment of $5,000 amounts to a total payment of $36,564 to be paid to the OCFCD. Staff recommends the quitclaim of the existing easement and the acquisition of a new permanent easement and temporary construction easement to facilitate construction of a new PFAS treatment system facility at Well 20.

7. ATTACHMENTS
· Location Map
· Purchase Offer and Agreements with Legal Descriptions o Easement Deed
o Purchase and Sale Agreement (PSA)
o Quitclaim
o Subsurface Easement Deed
o TCE
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Agenda Item
City Council
Item #: 3.30. 4/12/2022 File #: 22-0188
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of permanent easement and temporary construction easement from the Orange County Flood Control District to facilitate construction of a new per-and polyfluoroalkyl substances (PFAS) treatment system facility at Well 20.

4. FISCAL IMPACT
The total expenditure for this purchase is $36,564 and will be funded in Well Rehabilitation (18214) through Water Fund (600).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4.Provide outstanding public service:
b. Provide facilities and services to meet customer expectations.

The design of PFAS treatment systems for the remaining wells, including Well 20, is ongoing with City of Orange Printed on 4/7/2022Page 1 of 2
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501
Item #: 3.30. 4/12/2022 File #: 22-0188
The design of PFAS treatment systems for the remaining wells, including Well 20, is ongoing with construction tentatively scheduled for the summer of 2022. Due to limited space available at the existing site of Well 20, the new treatment site will be situated 200 feet south of the Well on land owned by the Orange County Flood Control District (OCFCD). The Orange County Water District (OCWD) provides funding for the design and construction of PFAS treatment system facilities through a treatment agreement with the City; however, land acquisition is not a reimbursable project expense.

RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
.
.
.
.

Mail Tax Statements as shown above THIS SPACE FOR RECORDER’S USE ONLY APN: DOCUMENTARY TRANSFER TAX $ ___________________
__ Computed on the consideration or value of property conveyed __ Exempt per Revenue & Taxation Code Section 11922
X Exempt from Recording Fees per Govt. Code Section 27383 Unincorporated Area
Incorporated - City of Orange
Parcel No: E01
Project: Santa Ana River Channel

EASEMENT DEED
For valuable consideration, receipt of which is hereby acknowledged,

ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic,
hereinafter referred to as “DISTRICT,”
does hereby grant to
the City of Orange,
a municipal corporation
hereinafter referred to as “GRANTEE,” its, successor and assigns, a non-exclusive easement for the operation and maintenance of GRANTEE’s PFAS extraction facility in, on, over, upon and across that certain real property in the city of Orange, county of Orange, state of California (hereinafter referred to as “Easement Area”) described in “Exhibit A,” and illustrated in “Exhibit B,” which exhibits are attached hereto and by this reference made a part hereof. DISTRICT and GRANTEE may sometimes hereinafter be individually referred to as “Party” or jointly as “Parties”.

It is understood and agreed by the Parties hereto and their successors and assigns that the easement and right of way herein granted in this easement deed (“ Easement Deed ”) shall be subject to the following terms, conditions, and reservations:

1. USE
GRANTEE’s rights shall include rights to operate, repair, and maintain a PFAS Extraction Facility (“GRANTEE Facilities”) in, on, over, upon and across the Easement Area, and shall include reasonable access to and from the Easement Area for the purpose of exercising the rights herein granted. 504

2. OPERATION AND MAINTENANCE (PMES2.2S)
GRANTEE shall operate, maintain and keep the GRANTEE’s Facilities and the Easement Area in a reasonable and good state of repair and condition, at no cost to DISTRICT. GRANTEE shall have all construction, excavation, maintenance and or demolition plans approved in writing by DISTRICT’s Director OC Public Works, or designee, (hereinafter referred to as “ Director”) through OC Public Works (“ OCPW”) County property encroachment permit process and shall obtain a County property permit ( CPP) with payment of normal processing fees therefor and shall provide evidence of adequate insurance coverage prior to commencement of any work in, on, over, upon or across the Easement Area; and upon completion of any such work, GRANTEE shall immediately notify Director in writing of such completion.

Director’s approval of GRANTEE’s construction and/or maintenance plans shall not be deemed approval from the standpoint of structural safety, suitability for purpose or conformance with building or other codes or other governmental requirements. DISTRICT is not responsible for permitting of any construction and/or maintenance, design, assumptions or accuracy of GRANTEE’s construction and/or maintenance plans.

Director will rely on the professional expertise of the Engineer of Record when approving GRANTEE’s construction and/or maintenance plans.

GRANTEE hereby acknowledges that the Easement Area lies adjacent to and within a portion of DISTRICT’s property that serves the flood control facility, commonly referred to as the Santa Ana River (hereinafter “the Channel”). GRANTEE shall perform all construction and/or maintenance in such a manner that will allow for unobstructed flood control operations and maintenance of the Channel by DISTRICT.

Should it be necessary for GRANTEE to conduct any construction, demolition, inspection, repair, maintenance or other activities that may disturb the surface of the Easement Area or require the use of any specialized vehicles or equipment subsequent to the completion of the initial installation of GRANTEE Facilities, including but not limited to haulers or cranes, GRANTEE agrees to notify Director in writing sixty (60) days in advance of such planned activities, obtain the Director’s written approval of all plans, and obtain a CPP for any such activities with payment of normal processing fees therefor and shall provide evidence of adequate insurance coverage prior to commencement of any such activities in, on, over, upon or across the Easement Area. The Director’s prior approval shall not be necessary, nor shall GRANTEE be required to obtain a CPP prior to conducting any work associated with an emergency situation, however, GRANTEE shall notify the Director within five (5) days following commencement of any such emergency work, and if so requested by the Director, GRANTEE shall secure a CPP for the purpose of documenting the emergency work.

Except in areas in which such activities require regulatory agency approval, or are otherwise designated as environmentally sensitive, GRANTEE shall have the right to cut such roots as may endanger or interfere with GRANTEE Facilities provided, however, any excavation shall be made in such a manner as will cause the least injury to the surface of the ground and any improvements and/or landscaping around such excavation, and that the earth so removed shall be replaced and the surface of the ground and any improvements and/or landscaping around such excavation, damaged shall be promptly restored by GRANTEE at its expense to the same condition as existed prior to excavation, to Director’s satisfaction.

GRANTEE shall, at no cost to DISTRICT, maintain in good repair and in safe condition, all GRANTEE Facilities constructed, used or placed upon the Easement Area by or on behalf of GRANTEE pursuant to this Easement Deed.

3. REMOVAL AND/OR ABANDONMENT (PMES3.1S)
GRANTEE agrees that in the event (a) GRANTEE Facilities are no longer required, or (b) GRANTEE’s use of said Facilities ceases for a continuous period of more than one (1) year without written notice from GRANTEE to DISTRICT of the circumstances affecting such suspension and of GRANTEE’s intention to resume usage of GRANTEE Facilities, GRANTEE shall, at Director’s request and at no cost to DISTRICT, remove and/or abandon said GRANTEE Facilities within ninety (90) days after receipt of written notice from 505
Director to remove and/or abandon. Following such removal and/or abandonment, GRANTEE shall, at no cost to DISTRICT, restore the Easement Area to the condition that existed prior to the granting of this Easement Deed, to Director’s satisfaction. In the event GRANTEE fails to commence and diligently pursue completion of the removal of its Facilities from the Easement Area and the restoration of the Easement Area as provided under this section, in addition to any other rights or remedies available to DISTRICT, the Director, at the Director’s option after thirty (30) days’ written notice to GRANTEE, may cause the removal of any GRANTEE Facilities from the Easement Area and the restoration of the Easement Area, and the cost thereof, including but not limited to the cost of labor, materials, and equipment, and a fifteen percent (15%) administration fee of such costs, shall be paid by GRANTEE within fifteen (15) days following a receipt of a statement of said costs from the Director.

GRANTEE shall also execute and deliver to the Director, within ninety (90) days of such removal and/or abandonment, for recordation in the Official Records of Orange County, California, a Quitclaim Deed sufficient to remove the encumbrance of this Easement Deed from title.

4. RELOCATION (PMES4.1S)
In the event GRANTEE Facilities shall at any time interfere with the operation, maintenance, replacement, enlargement or improvement of DISTRICT’s property as determined by the Director, and such interference requires, in the Director’s sole and absolute determination, the removal or relocation of GRANTEE Facilities, the Director shall provide GRANTEE written notification of such interference and the need for the removal of GRANTEE Facilities from the Easement Area. In such instance, the Director shall endeavor to, but shall not be obligated to locate an alternate site on DISTRICT-owned property for the relocation of GRANTEE Facilities. Under no circumstance, shall DISTRICT be obligated to purchase any property, easement rights, or enter into or pay for any lease or license rights to accommodate the relocation of GRANTEE Facilities. To the extent an alternative area on DISTRICT property cannot reasonably be made available, DISTRICT may terminate this Easement Deed and require GRANTEE to remove its Facilities from the Easement Area.

Except in an emergency, the Director shall provide GRANTEE with written notice a minimum of two hundred forty (240) days in advance of the date that GRANTEE Facilities must be removed from the Easement Area.

GRANTEE agrees at its sole cost and expense, to remove its Facilities from the Easement area, restore the Easement Area to the condition that existed prior to the installation of GRANTEE Facilities, satisfactory to the Director, within such 240-day period, or as such date may be extended by the Director, and if an alternate site on District property has been identified for the relocation of GRANTEE Facilities, GRANTEE at its sole cost and expense shall relocate its Facilities to such location within said 240-day period, unless such period is extended at the sole discretion of the Director. The removal and/or relocation of GRANTEE Facilities shall be subject to the provisions of Section 2 (Operation and Maintenance) of this Easement Deed.

In the event GRANTEE fails to perform its obligations to commence and diligently pursue completion of the removal of its Facilities from the Easement Area and restoration of the Easement Area as provided under this section, in addition to any other rights or remedies available to DISTRICT, the Director, at the Director’s option after thirty (30) days’ written notice to GRANTEE, may cause the removal of any GRANTEE Facilities from the Easement Area and the restoration of the Easement Area, and the cost thereof, including but not limited to the cost of labor, materials, and equipment, and a fifteen percent (15%) administration fee of such costs, shall be paid by GRANTEE within fifteen (15) days following a receipt of a statement of said costs from Director. Under no circumstance shall DISTRICT be obligated to relocate GRANTEE Facilities to any alternate relocation site regardless of whether a relocation site had been designated on District-owned property.

5. REVISION OF LEGAL DESCRIPTION (PMES5.1S)
In the event it becomes necessary to relocate GRANTEE Facilities as provided in Section 4 (Relocation) of this Easement Deed and the legal description described in attached Exhibit A and illustrated in Exhibit B are subsequently determined to inaccurately describe the location of the Easement Area, the Parties agree that GRANTEE shall cause the legal description and illustration of the Easement Area to be revised, and upon 506
written approval of both Parties of the revised legal description and illustration, this Easement Deed shall be amended so as to replace the original legal description and illustration of the Easement Area with the revised legal description and illustration and such amended Easement Deed shall be recorded by GRANTEE. The Parties agree that the amendment of Exhibit A and Exhibit B and the re-recording of the Easement Deed shall not affect, alter, or change any of the terms, conditions or reservations of this Easement Deed and further agree that the amended and re-recorded Easement Deed shall relate back and be deemed in place as of the initial date of this Easement Deed.

6. COMPLIANCE WITH REGULATORY AUTHORITIES (PMES6.2S)
GRANTEE shall, at its own cost and expense, promptly and at all times observe, comply with and carry out all present and future orders, regulations, directions, rules, laws, ordinances, permits and requirements of all governmental authorities, including but not limited to environmental regulatory authorities, with jurisdiction in, on, over, upon or across the Easement Area, which arise from GRANTEE’s use of or performance of any activities permitted to be conducted in, on, over, under or across the Easement Area.

In addition, GRANTEE shall ensure that all construction in the Easement Area is performed in accordance with any NPDES (National Pollutant Discharge Elimination System) permit requirements or other water quality statutes, regulations, ordinances, or permits applicable to the construction, including but not limited to use of appropriate best management practices, so as to ensure that pollutants are not discharged into the Channel nor into DISTRICT’s flood control system.

GRANTEE shall not accept any regulatory permit, or consent to any regulatory permit provision which may (i) affect the operation and maintenance of the Channel; (ii) commit DISTRICT to any new maintenance obligation; (iii) require the installation of any water quality feature within the Channel property; (iv) result in increased Channel operation or maintenance expenses; or (v) be inconsistent with DISTRICT’s Channel operations and/or facilities standards and criteria, without the Director’s prior written approval, which approval shall be at Director’s sole discretion and which approval may include, but not be limited to the posting of a bond or the deposit of funds to cover any permit obligations. GRANTEE shall ensure that any such proposed permit provision(s) not approved in writing by the Director is/are stricken or deleted from the final permit prior to its issuance.

No approvals or consents given hereunder by DISTRICT, as a Party to this Easement Deed, shall be deemed approval as to compliance or conformance with applicable governmental codes, laws, rules or regulations.

7. COMPLIANCE WITH THE PROVISIONS OF THIS EASEMENT DEED GRANTEE agrees that it shall be responsible for ensuring that all work or activities performed within, on, over, under or about the Easement Area by GRANTEE’s employees, contractors, subcontractors, agents, representatives, permittees or invitees are conducted in accordance with the provisions of this Easement Deed.

8. HOLD HARMLESS (PMES7.2S)
GRANTEE acknowledges the Easement Area is in, on, over, under or about DISTRICT’s Channel and may be subject to all hazards associated with flood conditions. GRANTEE agrees to assume all risks, financial or otherwise, associated therewith.

GRANTEE hereby releases and waives all claims and recourse against DISTRICT and the County of Orange (“County”) including the right of contribution for loss of or damage to property, or injury to or death of any person arising from, growing out of or in any way connected with or related to this Easement Deed, including any damage to or interruption of use of GRANTEE Facilities caused by erosion, flood, or flood overflow conditions of the Channel, or caused by the operation, maintenance, repair, reconstruction, replacement, enlargement or improvement of the Channel or by DISTRICT’s flood control operations,except claims arising from the concurrent active or sole negligence of DISTRICT and/or County, their officers, agents, employees and contractors.
507
GRANTEE hereby agrees to indemnify, defend (with counsel approved in writing by DISTRICT), and hold harmless, DISTRICT and County, their elected and appointed officials, officers, agents, employees and contractors against any and all claims, losses, demands, damages, cost, expenses or liability for injury to any persons or property, arising out of the maintenance, use of or operations or activities conducted in, on, or over the Easement Area, and/or the exercise of the rights under this Easement Deed by GRANTEE, its agents, officers, employees, invitees or licensees, except for liability arising out of the concurrent active or sole negligence of DISTRICT, and/or County, their elected and appointed officials, officers, agents, employees or contractors including the cost of defense of any lawsuit arising therefrom. If DISTRICT and/or County is/are named as co-defendant(s) in a lawsuit, GRANTEE shall notify Director of such fact and shall represent DISTRICT/County in such legal action unless DISTRICT/County undertake(s) to represent itself/themselves as co-defendant(s) in such legal action, in which event, GRANTEE shall pay to DISTRICT/County its/their litigation costs, expenses, and attorney fees. If judgment is entered against DISTRICT/County and GRANTEE by a court of competent jurisdiction because of the concurrent active negligence of DISTRICT/County and GRANTEE, DISTRICT and GRANTEE agree that liability will be apportioned as determined by the court.

Neither Party shall request a jury apportionment.

GRANTEE acknowledges that it is familiar with the language and provisions of California Civil Code Section 1542 which provides as follows:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.

GRANTEE, being aware of and understanding the terms of Section 1542, hereby waives all benefit of its provisions to the extent described in this section.

9. GRANTEE’S LIABILITY FOR HAZARDOUS OR TOXIC MATERIALS(PMES8.2S) GRANTEE shall not cause or permit any “Hazardous Material,” as hereinafter defined, to be brought upon, kept, or used in or about the Easement Area. If GRANTEE breaches the obligations stated herein, or if contamination of the Easement Area by Hazardous Material otherwise occurs for which GRANTEE is legally liable to DISTRICT for damage resulting therefrom, then GRANTEE shall indemnify, defend with counsel approved in writing by DISTRICT, and hold harmless, DISTRICT and/or County, and their elected or appointed officials, officers, agents, and employees from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Easement Area, sums paid in settlement of claims, attorney fees, consultant fees, and expert witness fees) which arise during or after GRANTEE’s use of the Easement Area as a result of such contamination. This indemnification includes, without limitation, costs incurred by DISTRICT in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental entity or agency because of Hazardous Material being present in the soil or ground water under the Easement Area.

GRANTEE shall promptly take all action, at its sole cost and expense, as is necessary to clean, remove, and restore the Easement Area to its condition prior to the introduction of such Hazardous Material by GRANTEE, provided GRANTEE shall first have obtained Director’s written approval and the approval of any necessary governmental entities or agencies for any such remedial action.

As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste which is or shall become regulated by any governmental entity or agency, including, without limitation, the County, the state of California, or the United States government.

10. RESERVATIONS (PMES9.1S)
DISTRICT hereby reserves for itself and its successors and assigns, such surface, subsurface and aerial rights in the Easement Area as will not unreasonably interfere with or prohibit the use by GRANTEE of the rights 508
and easement herein granted and reserves for itself the right to act in accordance with the Orange County Flood Control Act including, but not limited to improving, constructing, reconstructing, rehabilitating, operating and maintaining the Channel facility.

DISTRICT further reserves the right to grant easements, rights of way, and permits in, over, upon, through, across, and along any and all portions of the Easement Area as will not interfere unreasonably with or prohibit the use by GRANTEE of the rights and easement herein granted.

In the event DISTRICT exercises such rights to utilize the Easement Area, which use results in the disturbance of the Easement Area, DISTRICT’s only responsibility shall be to backfill with compacted earth to the grade of the surrounding property following completion of DISTRICT’s activity. GRANTEE shall restore GRANTEE Facilities to the design and grade approved as provided for in Section 2 (Operation and Maintenance) above.

11. CONVEYANCE SUBJECT TO EXISTING INTERESTS (PMES10.1S) This Easement Deed is subject to existing contracts, leases, licenses, easements, encumbrances, and claims which may affect the Easement Area, and the use of the word “grant” herein shall not be construed as a covenant against the existence of any thereof.

Nothing contained herein, or in any document related hereto, shall be construed to imply the conveyance to GRANTEE of rights in the Easement Area which exceed those owned by DISTRICT, or any representation or warranty, either express or implied, relating to the nature or condition of the Easement Area or DISTRICT’s interest therein.

12. TAXES AND ASSESSMENTS (PMES11.1S)
Should this Easement Deed create a possessory interest which is subject to the payment of taxes levied on such interest, it is understood and agreed that all taxes and assessments (including but not limited to said possessory interest tax) which become due and payable upon the Easement Area or upon any GRANTEE Facilities, fixtures, equipment, or other property installed, constructed or used by GRANTEE thereon in connection with this Easement Deed, shall be the full responsibility of GRANTEE, and GRANTEE shall cause said taxes and assessments to be paid promptly when due.

13. NOTICES (PMES12.1S)
All notices, documents, correspondence and communications concerning this Easement Deed shall be addressed as set forth in this Section, or as the Parties may hereafter designate by written notice, and shall be sent through the United States mail with postage prepaid. Any such mailing shall be deemed served or delivered twenty-four (24) hours after mailing. Each Party may change the address for notices by giving the other Party at least ten (10) calendar days’ prior written notice of the new address.

Notwithstanding the above, either Party may also provide notices, documents, correspondence, or such other communications to the other by personal delivery or by Federal Express or similar courier service and so given shall be deemed to have been given upon receipt.

To DISTRICT:

Orange County Flood Control District
c/o CEO/Real Estate
P.O. Box 4048
Santa Ana, CA 92702-4048
To GRANTEE:

City of Orange
c/o Public Works Water Division.
300 E. Chapman
Orange, CA 92866
509

14. VENUE (PMES13.1S)
The Parties hereto agree that this Easement Deed has been negotiated and executed in the state of California and shall be governed by and construed under the laws of California. In the event of any legal action to enforce or interpret this Easement Deed, the sole and exclusive venue shall be a court of competent jurisdiction located in the County of Orange, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the Parties hereto specifically agree to waive any and all rights to request that an action be transferred for trial to another county.

15. WAIVER OF RIGHTS (PMES14.1S)
The failure of DISTRICT to insist upon strict performance of any of the terms, covenants, or conditions of this Easement Deed shall not be deemed a waiver of any right or remedy that DISTRICT may have, and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of the Easement Deed thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of the Easement Deed.

16. SEVERABILITY (PMES15.1S)
If any term, covenant, condition, or provision of this Easement Deed is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

17. ATTORNEY FEES (PMES16.1S)
In any action or proceeding brought to enforce or interpret any provision of this Easement Deed, or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorney fees and costs.

18. SUCCESSORS AND ASSIGNS (PMES18.1S)
The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties hereto.

19. AUTHORITY (PMES20.1S)
The Parties to this Easement Deed represent and warrant that this Easement Deed has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms.
//
//
Signatures pages follow.
510
Approved as to Form
Office of the County Counsel
Orange County, California
By: ________________________________
Deputy
Date: _______________________________
Signed and certified that a copy of this agreement
has been delivered to the Chairman of the Board per
G.C. Sec. 25103, Reso 79-1535
ATTEST:
______________________________________
Robin Stieler, Clerk of the Board
Orange County Flood Control District
County of Orange, California

DISTRICT

ORANGE COUNTY FLOOD CONTROL
DISTRICT, a body corporate and politic
By: _____________________________________
Chairman of the Board of Supervisors
County of Orange, California

ACKNOWLEDGMENT
State of California )
County of Orange )
On __________________, 20 ____ before me, ________________________________________________, personally (Insert name of Notary Public & title)
appeared _______________________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

By: ________________________________
Date: __________________________

GRANTEE
CITY OF ORANGE, a municipal corporation
By: _____________________________________
Mark A. Murphy, Mayor

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

WITNESS my hand and official seal.

Signature __________________________________
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
512
513
514
515
-1-
Purchase Agreement between OCFCD and City of Orange
____________
(CL 11.01.21)

PURCHASE AND SALE AGREEMENT
This Purchase and Sale Agreement (“Agreement”) is entered into this _____day of___________, 2022, (“Effective Date”) by and between the Orange County Flood Control District, a public body corporate and politic (hereinafter referred to as “ District”), and City of Orange, a Municipal Corporation, (hereinafter referred to as “Buyer”). District and Buyer are sometimes individually referenced to herein as “Party” and collectively as “Parties.”

R E C I T A L S
A. WHEREAS, District owns those certain flood control properties located in the City of Orange, CA in the vicinity of the intersection of W. Chapman Avenue and S. Anita Drive commonly known as the Santa Ana River District Facility No. E01, as depicted on the location map attached hereto as Attachment A and by this reference made a part hereof (the “Property”) .

B. WHEREAS, Buyer has an existing easement over a portion of the Property (the “ Old Easement”) and Buyer desires to quitclaim its Old Easement to District and acquire a new permanent easement located elsewhere on the Property, as described in Exhibit A and depicted in Exhibit B of the Easement Deed form inAttachment B attached hereto and by this reference made a part hereof (“Easement”), in order to construct, operate and maintain a PFAS extraction facility to be installed pursuant to plans approved via County of Orange OC Public Works encroachment permit number FE21-0065.

C. WHEREAS Buyer also desires to acquire a 12-month Temporary Construction Easement (“TCE”) to allow for adequate yard storage area and access for hauling and delivery during construction, as described in Exhibit A and depicted in Exhibit B of the TCE form in Attachment C attached hereto and by this reference made a part hereof.

D. WHEREAS Buyer also desires to acquire a permanent non-exclusive subsurface easement (“Subsurface Easement ”) on the Property as described in Exhibit A and depicted in Exhibit B of the Subsurface Easement form in Attachment D attached hereto and by this reference made a part hereof, in order to perfect Buyer’s property rights for an existing, installed underground water line that services surrounding properties and to enable Buyer to add a storm drain line extension which serves the PFAS extraction facility that will connect to Buyer’s existing storm drain line at or near Chapman Ave.

E. WHEREAS, District is willing to convey the aforementioned Easement, TCE and Subsurface Easement to Buyer, all subject to existing easements of record and a reservation of District rights pursuant to the California uncodified Water Code, Act 5682, section 2, also referred to as Water Code App. sections 36-1 et seq. along with access easements from 516
-2-
Purchase Agreement between OCFCD and City of Orange
____________
(CL 11.01.21)
the County of Orange (“County”), in exchange for Buyer’s quitclaim of its interest in the Old Easement in accordance with the terms herein, by executing a Quitclaim Deed substantially in the form as Attachment E attached hereto and by this reference made a part hereof.

A G R E E M E N T
NOW, THEREFORE, in consideration of the Recitals above, District agrees to sell, and Buyer agrees to purchase the New Easement upon the following terms and conditions:

1. INCORPORATION OF RECITALS.

The above Recitals are incorporated herein by this reference.

2. PURCHASE PRICE.

Purchase Price. Buyer agrees to pay District the net sum of Thirty-One Thousand, Five Hundred and Sixty Four Dollars ($31,564) (the “Net Purchase Price”) for the New Easement, the Subsurface Easement and TCE, as calculated below:

New Easement appraised value $70,560
Value of the TCE + 3,780
Value of the Haul Route + 2,310
Value of the Subsurface Easement + 9,794
Less Value of the Old Easement to be quitclaimed -$54,880 = Net Purchase price $31,564

2.1 Agreement and Conveyance Documents.
a. Within five (5) days after the Effective Date, Buyer shall provide District with a check made payable to Orange County Flood Control District for the sum of the Net Purchase Price plus an administrative transaction payment of $5,000 which is a non-refundable transaction charge, and the Buyer-executed Easement Deed, Subsurface Easement, TCE and Quitclaim Deed, substantially in the forms attached here to Attachments B, C, D and E.
b. As soon as possible after the receipt of the items listed in subsection (a) immediately above, District shall provide Buyer a fully executed copy of this Agreement, the District-executed TCE, and the District-executed Subsurface Easement substantially in the form attached hereto as Attachment C and E. c. Within five (5) business days of closure of all related County of Orange OC Public Works encroachment permits associated with Buyer’s completion of the PFAS Extraction Facility, District shall furnish to Buyer the recorded Easement Deed and Quitclaim Deed, each substantially in the forms attached hereto as 517
-3-
Purchase Agreement between OCFCD and City of Orange
____________
(CL 11.01.21)
Attachments B and D respectively, with recordation of the Easement Deed occurring prior to the Quitclaim Deed.
d. Upon the written request from a District representative, Buyer shall furnish to District post-construction as-builts and documentation that the Property underlying the Easement is free and clear from any Stop Notices and Mechanic’s Liens.

3. AS IS.

Buyer is purchasing the Easement in the Property in its existing condition, "AS-IS, WHERE-IS, WITH ALL FAULTS," subject to all existing easements, encumbrances, and physical characteristics and upon the recordation of the Easement Deed has made or has waived all inspections and investigations of the Property and its vicinity which Buyer believes are necessary to protect its own interest in, and Buyer’s contemplated use of, the Property. Buyer acknowledges neither District nor any County employees, agents or representative have made any representations, warranties or agreements to or with Buyer on behalf of District as to any matters concerning the Property, access, present use thereof, the availability of utilities and/or the cost of utilities or the suitability of Buyer’s intended use of the Easement.
________________
Buyer's Initials

4. ACCOMODATION OF EXISTING AND FUTURE EASEMENTS OR USE AGREEMENTS.

Buyer is aware and consents to make accommodation for any recorded or unrecorded, known or unknown easements or use agreements affecting the Property and/or the Easement, and agrees to the District exercising its reserved surface, subsurface and aerial rights on and over the Property and/or the Easement, including the District’s right to grant future non-exclusive access easements over the surface of the Property or portions thereof, to the extent that is does not interfere with the Buyer’s Easement described herein.

5. BUYER COSTS.

Except as may otherwise be provided in this Agreement, Buyer shall pay all costs in connection with the purchase of the Easement, the TCE, Quitclaim, Subsurface Easement and any construction and/or demolition required therefor. Such costs may include, but shall not be limited to, the Purchase Price, title insurance, documentary transfer tax, possessory interest tax, recording fees, and preliminary change of ownership fees, and permits.
518
-4-
Purchase Agreement between OCFCD and City of Orange
____________
(CL 11.01.21)
Buyer shall also promptly, at its sole cost and expense, repair or replace to their condition prior to damage or destruction, any District or County facilities, equipment or improvements that are damaged or destroyed by Buyer directed, conducted or sponsored activities under this Agreement. If Buyer fails to perform any such repair or restoration within thirty (30) days following written notice to the Buyer, or as such repair or restoration period may be extended in writing by District, District may make the necessary repair or restoration and the cost thereof, including but not limited to the cost of labor, materials, and equipment and a fifteen percent (15%) administration fee of such costs, shall be paid by Buyer within ten (10) days of invoice by the District. A Party’s election to self-perform corrective work under this provision shall not bar that Party from availing itself of other remedies available under law, equity or contract, including other remedies made available by this Agreement.

6. PERMITS AND LICENSES.

Buyer shall be required, at Buyer’s sole cost and expense, to obtain and maintain compliance with any and all governmental and/or regulatory approvals, clearances, permits and /or licenses which may be required in connection with the purchase of the Easement, TCE and Subsurface Easement and /or construction of the PFAS Extraction Facility and Subsurface Easement in, on, over, or under the Property or portions thereof. No approvals or consents given by District as a Party to this Agreement, shall be deemed approval as to compliance or conformance with applicable governmental codes, laws, rules or regulations Buyer agrees to consult with District representatives throughout the application process to obtain any/all permits or approvals, regulatory or otherwise, required for the construction, operation and maintenance of the Buyer’s construction and operations on the Property. If any such permit contains conditions that obligate District or County after construction is completed, Buyer shall obtain OC Public Works Director or designee prior review and written approval prior to agreeing to such conditions.

7. ASSIGNMENT.

Neither Party may assign this Agreement or its rights and obligations hereunder without the prior written consent of the other Party.

8. TIME OF THE ESSENCE.

Time is of the essence with respect to each of the terms, covenants, and conditions of this Agreement.

9. TERMINATION.

This Agreement shall commence on the Effective Date and be in effect for up to five (5) years, terminating upon recordation of Subsurface Easement Deed, Easement Deed and Quitclaim Deed in accordance with the terms herein, unless earlier terminated by either Party giving the other Party written notice of its intention to so terminate at least thirty (30) days prior to initiation of construction of the PFAS Extraction Facility, waterline or 519
-5-
Purchase Agreement between OCFCD and City of Orange
____________
(CL 11.01.21)
storm drain line. In the event of such termination, all rights and responsibilities of the Parties hereunder shall cease, and the transaction shall be in all respects terminated without any liability from one Party to the other.

10. NOTICES.

All notices, documents, correspondence, and communications concerning this Agreement shall be directed as set forth below, or as the Parties may hereafter designate by giving three (3) days’ prior written notice. Any notice properly addressed shall be deemed received when (i) delivered personally from one to the other party or by messenger or courier thereof; (ii) forty-eight (48) hours after being mailed by the United States mailing, postage prepaid; (iii) on the date of the first attempted delivery by any nationally recognized overnight delivery/courier service which delivers to the noticed destination and provides proof of delivery to the sender; or (iv) twenty-four (24) hours after being sent via facsimile with transmission and receipt confirmed.

If to District: OCFCD
c/o CEO/Real Estate
RE: Anita PFAS Facility (Santa Ana River)
P.O. Box 4048
Santa Ana, CA 92702-4048
If to Buyer: City of Orange
c/o Public Works Water Division
300 E. Chapman
Orange, CA 92866

11. ENTIRE AGREEMENT, WAIVERS, AND AMENDMENTS.

This Agreement and its related County of Orange OC Public Works encroachment permit(s) when referenced herein, incorporate all of the terms and conditions mentioned herein, or incidental hereto, and supersede all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged. Any amendment or modification to this Agreement must be in writing and executed by Buyer and District.

12. ATTORNEY FEES.

If any action, proceeding, or arbitration arising out of or relating to this Agreement is commenced by either Party to this Agreement, each Party shall bear its own costs including all attorneys’ fees, costs, and expenses incurred in the action, proceeding, or arbitration. 520
-6-
Purchase Agreement between OCFCD and City of Orange
____________
(CL 11.01.21)
13 BINDING EFFECT.

This Agreement shall be binding on and inure to the benefit of the Parties to this Agreement and their heirs, personal representatives, successors, and assigns.

14. GOVERNING LAW AND JURISDICTION.

This Agreement shall be construed in accordance with and be governed by the laws of the State of California, and each Party hereto consents to the jurisdiction of the courts of California, with venue in the County of Orange, for the purposes of any action to enforce or interpret this Agreement.

15. AUTHORITY TO SIGN.

Each person signing this Agreement on behalf of each Party hereto represents and warrants to the other Party that he/she has all requisite power and authority to execute and deliver this Agreement for such Party and that this Agreement, when so executed and delivered, will be a binding obligation of, and enforceable against, such Party in accordance with its terms.

16. CAPTIONS.

The captions in this Agreement are for convenience of reference only and do not affect the meaning, interpretation or construction of this Agreement.

17. BROKERAGE COMMISSION.

Buyer and District acknowledge that no broker’s commission, finder’s fee or other compensation is payable with regard to the transaction covered by this Agreement. Each Party shall defend and indemnify the other from any claims for commissions or fees arising from such Party’s contacts with real estate brokers or agents or persons.

18. EXHIBITS AND ATTACHMENTS.

This Agreement includes the following, which are attached hereto and made a part hereof:

Attachment A - Location Map
Attachment B - Easement Deed
Attachment C -TCE
Attachment D – Quitclaim Deed
Attachment E – Subsurface Easement Deed
/
/
521
-7-
Purchase Agreement between OCFCD and City of Orange
____________
(CL 11.01.21)
IN WITNESS WHEREOF, the District and Buyer have entered into this Agreement as of the day and year date first above written.

District

ORANGE COUNTY FLOOD CONTROL

DISTRICT
By: _______________________________
APPROVED AS TO FORM:

Office of County Counsel
Orange County, California
By: __________________________
Date: __________________________
522
-8-
Purchase Agreement between OCFCD and City of Orange
____________
(CL 11.01.21)
Buyer
City of Orange
By: _______________________________
Mark A. Murphy, Mayor
ATTEST:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

Gary A. Sheatz, City Attorney
523

ATTACHMENT A TO PURCHASE AND SALE AGREEMENT

LOCATION MAP
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525

ATTACHMENT B TO PURCHASE AND SALE AGREEMENT

EASEMENT DEED AND LEGAL DESCRIPTION
526
527
528

ATTACHMENT C TO PURCHASE AND SALE AGREEMENT

TCE AND LEGAL DESCRIPTION
529
530
531

ATTACHMENT D TO PURCHASE AND SALE AGREEMENT

SUBSURFACE EASMENT DEED AND LEGAL DESCRIPTION
532
533
534

ATTACHMENT E TO PURCHASE AND SALE AGREEMENT

QUTICLAIM DEED AND LEGAL DESCRIPTION
535
536
537
WHEN RECORDED, MAIL TO:

Orange County Flood Control District
c County Executive Office
c/o: Real Estate Services
601 N. Ross Street, 2nd Floor
Santa Ana, California 92701
Attn: Infrastructure

SPACE ABOVE THIE LINE FOR RECORDER'S USE
This is to certify that this document is exempt A.P.N.:

From recording fees per Govt. Code Sec. 27383 Project Location: Santa Ana River and is exempt from Document Transfer Tax per Unincorporated Area Rev. & Taxation Code Section 11922. X Incorporated, City of Orange

QUITCLAIM DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF ORANGE COUNTY, a municipal corporation (“Grantor”) does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to ORANGE COUNTY FLOOD CONTROL DISTRICT (“ Grantee”), all that real property described in Exhibit A and depicted in Exhibit B attached hereto and by the reference made a part hereof.

IN WITNESS WHEREOF, this instrument has been executed on ___________________, 2022.

CITY OF ORANGE,
a municipal corporation
_______________________________
Mark A. Murphy, Mayor
538

STATE OF CALIFORNIA )
)

COUNTY OF ORANGE )
On __________________, 2022, before me, _________________________________, a Notary Public, personally appeared _______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal. _________________________________ Notary Public
(SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
539

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the within deed or grant to the ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, is hereby accepted by the undersigned officer or agent on behalf of the Board of Supervisors of Orange County, California, acting as the governing board of the ORANGE COUNTY FLOOD CONTROL DISTRICT, pursuant to authority conferred by __________________________ of the said Board of Supervisors, and the ORANGE COUNTY FLOOD CONTROL DISTRICT consents to recordation thereof by its duly authorized officer.

ORANGE COUNTY FLOOD CONTROL DISTRICT
Dated By
______________________________, Director
Per Minute Order dated ___________, 20__
Approved as to form:

County Counsel
By:

Deputy:

Date: ___________________________________
540
541
542

RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
.
.
.
.

Mail Tax Statements as shown above THIS SPACE FOR RECORDER’S USE ONLY APN: DOCUMENTARY TRANSFER TAX $ ___________________
__ Computed on the consideration or value of property conveyed __ Exempt per Revenue & Taxation Code Section 11922
_X_Exempt from Recording Fees per Govt. Code Section 27383 Unincorporated Area
Incorporated - City of Orange
Parcel No: E01
Project: Santa Ana River Channel

SUBSURFACE EASEMENT DEED
For valuable consideration, receipt of which is hereby acknowledged,

ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic,
hereinafter referred to as “DISTRICT,”
does hereby grant to
the City of Orange,
a municipal corporation
hereinafter referred to as “GRANTEE,” its, successor and assigns, a non-exclusive subsurface easement for the operation and maintenance of a waterline and a storm drain line in, on, under, and across that certain real property in the city of Orange, county of Orange, state of California (hereinafter referred to as “Easement Area”) described in “Exhibit A,” and illustrated in “Exhibit B,” which exhibits are attached hereto and by this reference made a part hereof. DISTRICT and GRANTEE may sometimes hereinafter be individually referred to as “Party” or jointly as “Parties”.

1. USE
GRANTEE’s rights shall include rights to operate, repair, and maintain a waterline and a storm drain line as subsurface facilities (“GRANTEE Facilities”) in, on, under, and across the Easement Area, and shall include reasonable access to and from the Easement Area for the purpose of exercising the rights herein granted . 543

Director will rely on the professional expertise of the Engineer of Record when approving GRANTEE’s construction and/or maintenance plans.

GRANTEE hereby acknowledges that the Easement Area lies adjacent to and within a portion of DISTRICT’s property which serves the flood control facility, commonly referred to as the Santa Ana River (hereinafter “the Channel”). GRANTEE shall perform all construction and/or maintenance in such a manner that will allow for unobstructed flood control operations and maintenance of the Channel by DISTRICT.

3. REMOVAL AND/OR ABANDONMENT (PMES3.1S)
GRANTEE agrees that in the event (a) GRANTEE Facilities are no longer required, or (b) GRANTEE’s use of said Facilities ceases for a continuous period of more than one (1) year without written notice from GRANTEE to DISTRICT of the circumstances affecting such suspension and of GRANTEE’s intention to resume usage of GRANTEE Facilities, GRANTEE shall, at Director’s request and at no cost to DISTRICT, remove and/or abandon said GRANTEE Facilities within ninety (90) days after receipt of written notice from 544
Director to remove and/or abandon. Following such removal and/or abandonment, GRANTEE shall, at no cost to DISTRICT, restore the Easement Area to the condition that existed prior to the granting of this Easement Deed, to Director’s satisfaction. In the event GRANTEE fails to commence and diligently pursue completion of the removal of its Facilities from the Easement Area and the restoration of the Easement Area as provided under this section, in addition to any other rights or remedies available to DISTRICT, the Director, at the Director’s option after thirty (30) days’ written notice to GRANTEE, may cause the removal of any GRANTEE Facilities from the Easement Area and the restoration of the Easement Area, and the cost thereof, including but not limited to the cost of labor, materials, and equipment, and a fifteen percent (15%) administration fee of such costs, shall be paid by GRANTEE within fifteen (15) days following a receipt of a statement of said costs from the Director.

5. REVISION OF LEGAL DESCRIPTION (PMES5.1S)
In the event it becomes necessary to relocate GRANTEE Facilities as provided in Section 4 (Relocation) of this Easement Deed and the legal description described in attached Exhibit A and illustrated in Exhibit B are subsequently determined to inaccurately describe the location of the Easement Area, the Parties agree that GRANTEE shall cause the legal description and illustration of the Easement Area to be revised, and upon 545
written approval of both Parties of the revised legal description and illustration, this Easement Deed shall be amended so as to replace the original legal description and illustration of the Easement Area with the revised legal description and illustration and such amended Easement Deed shall be recorded by GRANTEE. The Parties agree that the amendment of Exhibit A and Exhibit B and the re-recording of the Easement Deed shall not affect, alter, or change any of the terms, conditions or reservations of this Easement Deed and further agree that the amended and re-recorded Easement Deed shall relate back and be deemed in place as of the initial date of this Easement Deed.

GRANTEE hereby releases and waives all claims and recourse against DISTRICT and the County of Orange (“County”) including the right of contribution for loss of or damage to property, or injury to or death of any person arising from, growing out of or in any way connected with or related to this Easement Deed, including any damage to or interruption of use of GRANTEE Facilities caused by erosion, flood, or flood overflow conditions of the Channel, or caused by the operation, maintenance, repair, reconstruction, replacement, enlargement or improvement of the Channel or by DISTRICT’s flood control operations,except claims arising from the concurrent active or sole negligence of DISTRICT and/or County, their officers, agents, employees and contractors.
546
GRANTEE hereby agrees to indemnify, defend (with counsel approved in writing by DISTRICT), and hold harmless, DISTRICT and County, their elected and appointed officials, officers, agents, employees and contractors against any and all claims, losses, demands, damages, cost, expenses or liability for injury to any persons or property, arising out of the maintenance, use of or operations or activities conducted in, on, or over the Easement Area, and/or the exercise of the rights under this Easement Deed by GRANTEE, its agents, officers, employees, invitees or licensees, except for liability arising out of the concurrent active or sole negligence of DISTRICT, and/or County, their elected and appointed officials, officers, agents, employees or contractors including the cost of defense of any lawsuit arising therefrom. If DISTRICT and/or County is/are named as co-defendant(s) in a lawsuit, GRANTEE shall notify Director of such fact and shall represent DISTRICT/County in such legal action unless DISTRICT/County undertake(s) to represent itself/themselves as co-defendant(s) in such legal action, in which event, GRANTEE shall pay to DISTRICT/County its/their litigation costs, expenses, and attorney fees. If judgment is entered against DISTRICT/County and GRANTEE by a court of competent jurisdiction because of the concurrent active negligence of DISTRICT/County and GRANTEE, DISTRICT and GRANTEE agree that liability will be apportioned as determined by the court.

Neither Party shall request a jury apportionment.

GRANTEE acknowledges that it is familiar with the language and provisions of California Civil Code Section 1542 which provides as follows:

GRANTEE, being aware of and understanding the terms of Section 1542, hereby waives all benefit of its provisions to the extent described in this section.

10. RESERVATIONS (PMES9.1S)
DISTRICT hereby reserves for itself and its successors and assigns, such surface, subsurface and aerial rights in the Easement Area as will not unreasonably interfere with or prohibit the use by GRANTEE of the rights 547
and easement herein granted and reserves for itself the right to act in accordance with the Orange County Flood Control Act including, but not limited to improving, constructing, reconstructing, rehabilitating, operating and maintaining the Channel facility.

To DISTRICT:

Orange County Flood Control District
c/o CEO/Real Estate
P.O. Box 4048
Santa Ana, CA 92702-4048
To GRANTEE:

City of Orange
c/o Public Works Water Division.
300 E. Chapman
Orange, CA 92866
548

19. AUTHORITY (PMES20.1S)
The Parties to this Easement Deed represent and warrant that this Easement Deed has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms.
//
//
Signatures pages follow.
549
Approved as to Form
Office of the County Counsel
Orange County, California
By: ________________________________
Deputy
Date: _______________________________
Signed and certified that a copy of this agreement
has been delivered to the Chairman of the Board per
G.C. Sec. 25103, Reso 79-1535
ATTEST:
______________________________________
Robin Stieler, Clerk of the Board
Orange County Flood Control District
County of Orange, California

DISTRICT

ORANGE COUNTY FLOOD CONTROL
DISTRICT, a body corporate and politic
By: _____________________________________
Chairman of the Board of Supervisors
County of Orange, California

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

WITNESS my hand and official seal.

By: ________________________________
Date: __________________________

GRANTEE
CITY OF ORANGE, a municipal corporation
By: _____________________________________
Mark A. Murphy, Mayor

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

WITNESS my hand and official seal.

RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
.
.
.
.

Mail Tax Statements as shown above THIS SPACE FOR RECORDER’S USE ONLY APN: DOCUMENTARY TRANSFER TAX $ ___________________
__ Computed on the consideration or value of property conveyed __ Exempt per Revenue & Taxation Code Section 11922
__ Exempt from Recording Fees per Govt. Code Section 27383 By: ______________________________________________________

SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME Unincorporated Area
Incorporated - City of Orange
Facility No: E01– Santa Ana River
Project: City of Orange -PFAS Extraction Facility

TEMPORARY EASEMENT DEED
For valuable consideration, receipt of which is hereby acknowledged,

ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic
(hereinafter referred to as “DISTRICT”),
does hereby grant to
City of Orange,
a municipal corporation
(hereinafter referred to as “GRANTEE”) its, successor and assigns, a non-exclusive temporary construction easement (“Temporary Easement”) in, on, over, upon and across that certain real property (hereinafter referred to as “TCE Area”) described in Exhibit A and illustrated in Exhibit B which exhibits are attached hereto and made a part hereof.

DISTRICT and GRANTEE may sometimes hereinafter be individually referred to as “Party” or jointly as “Parties”.

It is understood and agreed by the Parties hereto and their successors and assigns that the easement and right of way herein granted in this Temporary Easement shall be subject to the following terms, conditions and reservations:

1. TERM
This Temporary Easement shall be effective for a period of three hundred sixty-five (365) days unless otherwise terminated or extended in accordance with the terms herein (“Term”), commencing no later than thirty (30) Days after the date GRANTEE provides written notice of commencement to DISTRICT’S 555
TCE - OCFCD to City of Orange
Director OC Public Works, or designee (“Director”).

2. EXTENSIONS
The Term may be extended by mutual agreement of GRANTEE and the Director. Any request for extension by GRANTEE must be in writing, shall state the requested extension period, and be forwarded to the Director via Express or Certified U.S. Postal Service, personal delivery, by courier or by overnight delivery service and addressed as provided hereinbelow in Section 9 (Notices) not less than thirty (30) Days prior to expiration of the Term of this Temporary Easement. Approval of such request shall be deemed denied unless, in Director’s sole discretion, Director provides GRANTEE with written approval of the requested extension within fifteen (15) Days following receipt of the request to extend, which approval shall not be unreasonably withheld.

3. USE
GRANTEE'S rights shall include rights to GRANTEE, its officers, agents, employees, contractors and subcontractors to utilize the surface of the TCE Area to park, place, store construction materials, tools, vehicles, storage containers, implements and other construction-related equipment and materials (“GRANTEE’S equipment and material”) to the extent such are allowed or permitted by an issued County of Orange Public Works Encroachment Permit (“CPP”) and shall include reasonable access to the TCE Area for the purpose of exercising the rights herein granted.

The rights granted under this Temporary Easement expressly prohibit any grading of the TCE Area, the construction or placement of any improvements or structures on the TCE Area, on, or about the TCE Area and/or the placement of any petroleum product or other Hazardous Material (as hereinafter defined) storage tanks or containers with accumulative storage capacity in excess of 50 gallons.

4. GRANTEE RESPONSIBILITIES
GRANTEE accepts TCE Area “AS IS/WHERE IS” and DISTRICT has not made any assurance that site will meet its needs. GRANTEE shall, at no cost to DISTRICT, maintain the TCE Area in good repair and in safe condition, and protect in place any slope features, trees and/or landscaping within the TCE Area throughout the Term, including any extension period, of this Temporary Easement.

GRANTEE shall, at no cost to DISTRICT, conduct all activities, including but not limited to the storage of materials, in, on, or about the TCE Area in a safe, good and workmanlike manner and in compliance with all applicable building, fire and sanitary laws, ordinances and regulations (including CPP terms and conditions) and shall maintain all equipment, used in on or about the TCE Area in good repair and in safe condition.

GRANTEE shall, at its sole cost and expense, promptly and at all times observe, comply with and carry out all present and future orders, regulations, directions, rules, laws, ordinances, permits and requirements of all governmental authorities, including but not limited to environmental regulatory authorities, with jurisdiction in, on, over and about the TCE Area which arise from GRANTEE’S use of or performance of any activities permitted to be conducted in, on, over or across the TCE Area.

In addition, GRANTEE shall ensure that all activities in, on, over or about the TCE Area are performed in accordance with any NPDES (National Pollutant Discharge Elimination System) permit requirements or other water quality statutes, regulations, ordinances or permits, applicable to such activities, including but not limited to use of appropriate best management practices, so as to ensure that pollutants are not discharged into the municipal stormwater drainage system or into the waters of the state.

No approvals or consents given hereunder by DISTRICT, as party to this Temporary Easement, shall be deemed approval as to compliance or conformance with applicable governmental codes, laws, rules or regulations.
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TCE - OCFCD to City of Orange

5. CONDITION OF TCE AREA UPON TERMINATION
Prior to the expiration of this Temporary Easement, GRANTEE agrees, at its sole expense, to restore the TCE Area to the condition that existed prior to the granting of this Temporary Easement, to the Director’s satisfaction. Said restoration shall include, but not be limited to the removal of construction materials (including stockpiled material), equipment, trash, debris, and restoration of pre-existing grades and landscaping

6. HOLD HARMLESS
GRANTEE hereby releases and waives all claims and recourse against DISTRICT and County of Orange (“COUNTY”) including the right of contribution for loss of or damage to property, or injury to or death of any person arising from, growing out of or in any way connected with or related to this Temporary Easement, including any damage to or interruption of use of GRANTEE’S equipment or caused by the operation, maintenance, repair, reconstruction, replacement, enlargement or improvement of the channel or by DISTRICT’S flood control operations,except claims arising from the concurrent active or sole negligence of DISTRICT and/or County, their officers, agents, employees and contractors.

GRANTEE hereby agrees to indemnify, defend (with counsel approved in writing by DISTRICT), and hold harmless, DISTRICT and County, their elected and appointed officials, officers, agents, employees and contractors against any and all claims, losses, demands, damages, cost, expenses or liability for injury to or death of any persons, or loss of or damage to any property, arising out of the maintenance, use of or operations or activities conducted in, on, or over the TCE Area, and/or the exercise of the rights under this Temporary Easement by GRANTEE, its agents, officers, employees, invitees or licensees, except for liability arising out of the concurrent active or sole negligent acts of DISTRICT, and/or County, their elected and appointed officials, officers, agents, employees or contractors including the cost of defense of any lawsuit arising therefrom. If DISTRICT and/or County is/are named as co-defendant(s) in a lawsuit, GRANTEE shall notify Director of such fact and shall represent DISTRICT/County in such legal action unless DISTRICT/County undertake(s) to represent itself/themselves as co-defendant(s) in such legal action, in which event, GRANTEE shall pay to DISTRICT/County its/their litigation costs, expenses, and attorneys' fees. If judgment is entered against DISTRICT/County and GRANTEE by a court of competent jurisdiction because of the concurrent active negligence of DISTRICT/County and GRANTEE, DISTRICT and GRANTEE agree that liability will be apportioned as determined by the court. Neither Party shall request a jury apportionment.

7. GRANTEE’S LIABILITY FOR HAZARDOUS OR TOXIC MATERIALS (PMES8.2S) GRANTEE or GRANTEE’s employees, agents, independent contractors or invitees (“GRANTEE Parties”) shall not cause or permit any “Hazardous Material,” as hereinafter defined, to be brought upon, kept, stored used, generated, released into the environment or disposed of, on, under, from, in on or about the TCE Area.

Notwithstanding the foregoing, GRANTEE or GRANTEE Parties may use or keep small quantities of Hazardous Materials on the TCE Area that are used in the ordinary, customary and lawful construction operations conducted on the TCE Area. If GRANTEE or GRANTEE Parties breach(es) the obligations stated herein, or if contamination of the TCE Area by Hazardous Material otherwise occurs for which GRANTEE is legally liable to DISTRICT for damage resulting therefrom, then GRANTEE shall indemnify, defend with counsel approved in writing by DISTRICT, and hold harmless, DISTRICT and/or County, and their elected or appointed officials, officers, agents, and employees from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the TCE Area, sums paid in settlement of claims, attorney fees, consultant fees, and expert witness fees) which arise during or after GRANTEE’S use of the TCE Area as a result of such contamination. This indemnification includes, without limitation, costs incurred by DISTRICT in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental entity or agency because of Hazardous Material having been introduced, 557
TCE - OCFCD to City of Orange
placed or released by GRANTEE, and therefore being present in the soil or ground water under the TCE Area. GRANTEE shall promptly take all action, at its sole cost and expense, as is necessary to clean, remove, and restore the TCE Area to its condition prior to the introduction of such Hazardous Material by GRANTEE, provided GRANTEE shall first have obtained Director’s written approval and the approval of any necessary governmental entities or agencies for any such remedial action.

As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material or waste which is or shall become regulated by any governmental entity or agency, including, without limitation, the County, the state of California, or the United States government.

8. CONVEYANCE SUBJECT TO EXISTING INTERESTS (PMES10.1S) This Temporary Easement is subject to existing contracts, leases, licenses, easements, encumbrances and claims which may affect the TCE Area and the use of the word “grant” herein shall not be construed as a covenant against the existence of any thereof.

Nothing contained herein, or in any document related hereto, shall be construed to imply the conveyance to GRANTEE of the rights in the TCE Area which exceed those owned by DISTRICT, or any representation or warranty, either express or implied, relating to the nature or condition of the TCE Area or DISTRICT’s interest therein.

9. NOTICES
All notices, documents, correspondence and communications concerning this Temporary Easement shall be addressed as set forth in this Section, or as the Parties may hereafter designate by written notice, and shall be sent through the United States mail with postage prepaid. Any such mailing shall be deemed served or delivered twenty-four (24) hours after mailing. Each Party may change the address for notices by giving the other Party at least ten (10) Days’ prior written notice of the new address.

Notwithstanding the above, either Party may also provide notices, documents, correspondence, or such other communications to the other by personal delivery or courier service such as FedEx, and so delivered shall be deemed to have been given upon receipt.

To DISTRICT:

Orange County Flood Control District
c/o CEO Real Estate
P.O. Box 4048
Santa Ana, CA 92702-4048
To GRANTEE:

City of Orange
c/o Public Works Water Division.
300 E. Chapman
Orange, CA 92688

10. VENUE
The Parties hereto agree that this Temporary Easement has been negotiated and executed in the state of California and shall be governed by and construed under the laws of California. In the event of any legal action to enforce or interpret this Temporary Easement, the sole and exclusive venue shall be a court of competent jurisdiction located in the County of Orange, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394.

Furthermore, the Parties hereto specifically agree to waive any and all rights to request that an action be transferred for trial to another county.

11. WAIVER OF RIGHTS
The failure of DISTRICT to insist upon strict performance of any of the terms, covenants or conditions of 558
TCE - OCFCD to City of Orange
this Temporary Easement shall not be deemed a waiver of any right or remedy that DISTRICT may have, and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants and conditions of the Temporary Easement thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of the Temporary Easement.

12. SEVERABILITY
If any term, covenant, condition, or provision of this Temporary Easement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

13. ATTORNEYS' FEES
In any action or proceeding brought to enforce or interpret any provision of this Temporary Easement, or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorneys' fees and costs.

14. SUCCESSORS AND ASSIGNS
The terms, covenants and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties hereto.

15. AUTHORITY
The Parties to this Temporary Easement represent and warrant that this Temporary Easement has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms.

16. RECORDATION PROHIBITED
The Parties agree this Temporary Easement shall not be recorded unless mutually agreed upon in writing by Director and GRANTEE. If recorded, GRANTEE agrees to execute and deliver to Director for recordation in the Official Records of Orange County, California, a Quitclaim Deed sufficient to remove the encumbrance of this Temporary Deed from title, within sixty (60) Days following the expiration or sooner termination of this Temporary Easement.
559
TCE - OCFCD to City of Orange
Approved as to Form
Office of the County Counsel
Orange County, California
By: ___________________________
Deputy
Date: __________________________

DISTRICT

ORANGE COUNTY FLOOD CONTROL DISTRICT
By: _____________________________________
Chairwoman of the Board of Supervisors
County of Orange, California
GRANTEE’S signature appears on following page.
560
TCE - OCFCD to City of Orange
Approved as to Form:

By: ________________________________
Date: __________________________

GRANTEE

CITY OF ORANGE,
a municipal corporation
By: _____________________________________
Mark A. Murphy, Mayor

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

WITNESS my hand and official seal.

Signature __________________________________
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
561
Agenda Item
City Council
Item #: 3.31. 4/12/2022 File #: 22-0201
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Authorize purchase of furniture, fixtures, and site furnishings from Goforth & Marti dba G/M Business Interiors for the Police Department.

2. SUMMARY
Purchase of ergonomic workstations and site furnishings for the Investigative Services Division of the Police Department through Regional Cooperative Agreement No. RCA-017-18010014, with Goforth & Marti dba G/M Business Interiors for a total of $100,000.

3. RECOMMENDED ACTION
Approve purchase order for furniture from Goforth & Marti dba G/M Business Interiors in the amount of $100,000.

4. FISCAL IMPACT
The total expenditure for this purchase is $100,000 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
The Orange Police Department was first occupied in 1990. Existing furniture, including cubicles, desks, lateral file cabinets, credenzas, bookshelves, and wardrobes throughout the department are original to the building and have remained unchanged for the last 30 years. While the useful life of a police facility can range from 20 to over 50 years, building elements with the shortest lifespan are interior finishes, furnishings, and fixtures which typically last five to ten years. Existing furniture has far exceeded its useful life and needs to be replaced.

The Police Department consists of the Support Services, Field Services, and Investigative Services Divisions. The majority of office personnel, both officers and civilian, can be found in the Investigative Services Division. Accordingly, the department would like to implement a three-year plan, beginning City of Orange Printed on 4/7/2022Page 1 of 2
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Item #: 3.31. 4/12/2022 File #: 22-0201
Services Division. Accordingly, the department would like to implement a three-year plan, beginning with the Investigative Services Division, to replace the existing furniture. The Investigative Services Division includes the following:
· Detective Bureau
o Crimes Against Persons Unit
o Property & Economic Crimes
o External Agency Stations
· Gang Unit
· Special Investigations Unit
· Records Bureau
The Investigative Services Division currently holds 50 cubicles and 12 offices that will require new furniture. The department will contract with Goforth and Marti (G/M) to provide strategic workspace services to design a cohesive workplace environment that defines the culture and characteristics of the department.

G/M has been in business since 1944 and specializes in products and services to customers in government, healthcare, education, and private enterprise. G/M offers superior customer service and expertise in design. They were responsible for furnishing the newly remodeled Emergency Operations Center and refurbishing the front counter lobby located at the Police Department. In addition, they were most recently contracted to furnish the new Fire Headquarters and Fire Station No. 1. G/M is a preferred vendor for furnishings with the County of Orange. The most cost-effective purchase price can be obtained through Regional Cooperative Agreement (RCA) No. RCA-017- 18010014, with G/M Business for the amount of $100,000. The RCA is on file in the Purchasing Division for review.

To fund the project, the department plans to use funds in the Police Department’sMaintenance and Operations budget previously slated for salary savings. The release of these funds will allow the department to replace and reorganize existing office space to improve the workflow and morale of the department.

Staff recommends that the City Council approve the purchase of furniture through RCA with G/M for a total not to exceed amount of $100,000.

7. ATTACHMENTS
· None
City of Orange Printed on 4/7/2022Page 2 of 2
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563
Agenda Item
City Council
Item #: 3.31. 4/12/2022 File #: 22-0201
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Authorize purchase of furniture, fixtures, and site furnishings from Goforth & Marti dba G/M Business Interiors for the Police Department.

3. RECOMMENDED ACTION
Approve purchase order for furniture from Goforth & Marti dba G/M Business Interiors in the amount of $100,000.

4. FISCAL IMPACT
The total expenditure for this purchase is $100,000 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

The Police Department consists of the Support Services, Field Services, and Investigative Services Divisions. The majority of office personnel, both officers and civilian, can be found in the Investigative Services Division. Accordingly, the department would like to implement a three-year plan, beginning City of Orange Printed on 4/7/2022Page 1 of 2
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Item #: 3.31. 4/12/2022 File #: 22-0201
Services Division. Accordingly, the department would like to implement a three-year plan, beginning with the Investigative Services Division, to replace the existing furniture. The Investigative Services Division includes the following:
· Detective Bureau
o Crimes Against Persons Unit
o Property & Economic Crimes
o External Agency Stations
· Gang Unit
· Special Investigations Unit
· Records Bureau
The Investigative Services Division currently holds 50 cubicles and 12 offices that will require new furniture. The department will contract with Goforth and Marti (G/M) to provide strategic workspace services to design a cohesive workplace environment that defines the culture and characteristics of the department.

Staff recommends that the City Council approve the purchase of furniture through RCA with G/M for a total not to exceed amount of $100,000.

7. ATTACHMENTS
· None
City of Orange Printed on 4/7/2022Page 2 of 2
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565
Agenda Item
City Council
Item #: 3.32. 4/12/2022 File #: 22-0205
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Authorize increase of purchase order for uniform services from Kustom Imprints.

2. SUMMARY
Kustom Imprints provides uniform services for the Fire Department. The costs of these services have exceeded the original budgeted amount.

3. RECOMMENDED ACTION
Approve an increase in the purchase order with Kustom Imprints for uniform services by $7,000.

4. FISCAL IMPACT
The total expenditure for this purchase is $7,000 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

6. DISCUSSION AND BACKGROUND
Kustom Imprints provides uniform t-shirts, sweatshirts, shorts, and hats for the Fire Department. The original purchase order created for Kustom Imprints for Fiscal Year 2021-2022 was $20,000. Due to other departments in the City using the same vendor, the $30,000 dollar per vendor limit has been reached.

7. ATTACHMENTS
· None
City of Orange Printed on 4/7/2022Page 1 of 1
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566
Agenda Item
City Council
Item #: 3.32. 4/12/2022 File #: 22-0205
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Authorize increase of purchase order for uniform services from Kustom Imprints.

2. SUMMARY
Kustom Imprints provides uniform services for the Fire Department. The costs of these services have exceeded the original budgeted amount.

3. RECOMMENDED ACTION
Approve an increase in the purchase order with Kustom Imprints for uniform services by $7,000.

4. FISCAL IMPACT
The total expenditure for this purchase is $7,000 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

7. ATTACHMENTS
· None
City of Orange Printed on 4/7/2022Page 1 of 1
powered by Legistar™
567
Agenda Item
City Council
Item #: 3.33. 4/12/2022 File #: 22-0213
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Authorize purchase of Early Literacy Stations for the Orange Public Library from AWE Learning.

2. SUMMARY
Request to authorize a $60,937.96 purchase order with AWE Learning for Early Literacy Stations for the Orange Public Library & History Center and the El Modena and Taft Branch Libraries.

3. RECOMMENDED ACTION
Approve purchase order for Early Literacy Stations from AWE Learning in the amount of $60,937.96.

4. FISCAL IMPACT
The total expenditure for this purchase is $60,937.96 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 4: Provide outstanding public service
B: Enhance technology to improve public accessibility to information and services.

6. DISCUSSION AND BACKGROUND
This purchase order will fund replacement of end-of-life AWE Learning Early Literacy Stations at the Orange Public Library & History Center, El Modena Branch Library, and Taft Branch Library. Funds will provide twelve bilingual Spanish computer stations featuring touchscreen monitors, child-friendly keyboard and mouse, as well as more than 85 pre-loaded S.T.E.A.M.-aligned educational software titles. Funds will also purchase compatible child-size headphones, audio adapters, and audio Y- splitter cables.

AWE Learning has almost 20 years of experience providing fun and interactive Early Literacy Stations to public libraries to help enhance school readiness and literacy skill-building for their communities’young learners. AWE Learning products are in over 47% of public libraries in the United States, totaling more than 20,000 workstations. AWE Learning has provided Orange Public Library with Early Literacy Station discounts, technical support, and quality customer service for approximately 15 years.

7. ATTACHMENTS
· AWE Learning Quote
City of Orange Printed on 4/7/2022Page 1 of 2
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Item #: 3.33. 4/12/2022 File #: 22-0213
City of Orange Printed on 4/7/2022Page 2 of 2
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569
Agenda Item
City Council
Item #: 3.33. 4/12/2022 File #: 22-0213
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Authorize purchase of Early Literacy Stations for the Orange Public Library from AWE Learning.

2. SUMMARY
Request to authorize a $60,937.96 purchase order with AWE Learning for Early Literacy Stations for the Orange Public Library & History Center and the El Modena and Taft Branch Libraries.

3. RECOMMENDED ACTION
Approve purchase order for Early Literacy Stations from AWE Learning in the amount of $60,937.96.

4. FISCAL IMPACT
The total expenditure for this purchase is $60,937.96 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 4: Provide outstanding public service
B: Enhance technology to improve public accessibility to information and services.

7. ATTACHMENTS
· AWE Learning Quote
City of Orange Printed on 4/7/2022Page 1 of 2
powered by Legistar™
570
Item #: 3.33. 4/12/2022 File #: 22-0213
City of Orange Printed on 4/7/2022Page 2 of 2
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571
Date:

Valid until:

Item Number Quantity Unit Cost Total
ELS+S 12 4,897.00$ 58,764.00$
Individual Prices
Base Unit ELS Platinum 3,449.00$
Add Edge Content 649.00$
Add Bi-Lingual Spanish Content 799.00$
Warranty & Upgrades Extend Plan (for All-in-one's only):

EXTEND1 0 550.00$ -$
EXTEND2 0 1,100.00$ -$
Options:

DJHP-AWE 24 $39.50 948.00$
Y SPLITTER 12 $8.25 99.00$
REPLUG 12 $24.25 291.00$
RECYCLING FEE 12 5.00$ 60.00$
DISCOUNT 5.00% (2,938.20)$ -$2,938.00
DISCOUNT (75.00)$ (900.00)$ -$900.00
DISCOUNT (25.00)$ (300.00)$ -$300.00
DISCOUNT (25.00)$ (300.00)$ -$300.00
*SHIPPING Shipping - All-In-Ones 12 75.00$ $900.00 SHIPPING Shipping - Stands 0 20.00$ $0.00 * Surcharge for Alaska and Hawaii will be applied 7.750% 4,313.96$ Market: TOTAL $60,937.96
CA_Plat_2022
3/29/2022
(Signature) Date (Signature) Date

(Print Name)
(Title)
* All invoices are sent via email unless otherwise requested Check here if you require a paper invoice Name:

Organization:

Address:

City, State, Zip:

Phone / Fax:

Email:

PAYMENT TYPE:

Email: Phone:

California State Recycling Fee (screen 15"- 34") Tax Exempt Customer Trade In Program :

S/N: S/N:
37F04D1
H6F04D1
67F04D1
C9GPDQ1
C9HMDQ1
B9S0100543
B9S0100539
CBPTBX008563
CBPTBX008711
DAPTBX011420
DAPTBX011503
DAPTBX011446
Key (primary AWE) Contact NAME:
[email protected]
407 E. Chapman Avenue Address: 407 E. Chapman Avenue
Orange, CA 92866 City, State, Zip: Orange, CA 92866
714.288.2472 Phone / Fax: 714.288.2472
2501 Seaport Drive, Suite # 410 SH • Chester • Pennsylvania, 19013 Phone (610) 833-6400 • Fax (610) 833-6440 • Email: [email protected] • www.awelearning.com © 2017 AWE Acquisition, Inc. All Rights Reserved. Confidential & Proprietary Net 15 Terms or Credit Card: ___ VISA ___ MC ___ DISC ___ AMEX / # __________-__________-__________-__________ EXP._________ NAME ON CREDIT CARD (If Applicable): ______________________________________ Winter Savings

Estimated Sales Tax ――►
AWE headphones with volume control, 90-Day limited warranty Audio Y-splitter cable, 6 inch (allows 2 set of headphones simultaneously) JoAnne Chen Name:

Trade-in Program
When fully executed, this document, including the attached Terms and Conditions which are incorporated herein by reference, is a binding Agreement
Trade Show Discount
Additional CALIFA Discount
Warranty & Upgrade Contact NAME:

Winter Savings Purchase Quotation – Platinum
Quotation developed for: JoAnne Chen March 29, 2022
Organization ("Customer"): Orange Public Library April 22, 2022 Product
Please open your product upon receipt to confirm a safe delivery .

You have 30 days to request an exchange for equipment damaged in shipping.

AIO Model: Includes computer, keyboard, mouse, mouse pad and 3 year warranty 1 Year Warranty & Upgrades Extend Plan (at time of purchase & for a total of 4 yrs.) 2 Year Warranty & Upgrades Extend Plan (at time of purchase & for a total of 5 yrs.) Early Literacy Station Platinum + Bi-Lingual Spanish + Edge Library [LIB-LIB]
JoAnne Chen
Orange Public Library Organization: Orange Public Library Email: [email protected]
Replug Mini-Stereo Breakaway Audio Adapter
If you are exempt, please include a copy of your sales tax certificate NOTE: An authorized customer contact should sign and return a copy of this quote to AWE within 30 days, to accept this price quote Bill To Information Ship To Information
From where do the funds for this purchase originate? ________________________________________________ (Print Name) / (Title)
Senior Account Executive
Email Address & Phone Number
Sandi Walter
AWE Acquisition, Inc. Orange Public Library
Sandi Walter
THANK YOU FOR YOUR BUSINESS!
THANK YOU FOR YOUR BUSINESS!THANK YOU FOR YOUR BUSINESS!THANK YOU FOR YOUR BUSINESS!THANK YOU FOR YOUR BUSINESS! 572
© 2017 AWE Acquisition, Inc. All Rights Reserved. Confidential & Proprietary 2501 Seaport Drive, Suite # 410 SH • Chester • Pennsylvania, 19013 Phone (610) 833-6400 • Fax (610) 833-6440 • Email: [email protected] • www.awelearning.com THANK YOU FOR YOUR BUSINESS!Terms and Conditions
General: These Terms and Conditions are incorporated by reference into each Quotation or Purchase Agreement with an invoice to Customer, and form part of a legally binding agreement between Customer and AWE Acquisition, Inc. (“AWE”), which are referred to herein as either “Terms and Conditions” or this “Agreement.” Customer agrees to these Terms and Conditions by 1) entering into a Purchase Agreement with AWE; 2) accepting delivery of and/or using the material or service provided by AWE to Customer; or 3) downloading, installing or using any software or content provided to you by AWE. These Terms and Conditions are subject to change without prior notice.

Invoicing and Payment: AWE will invoice Customer for all AWE learning products and related accessories when they are shipped to the Customer. AWE will invoice Customer for subscription and renewal products including all ELF™ products and Platinum Online when activated. All invoices are sent via e-mail unless Customer provides a written request for a hardcopy. Emailed invoices are binding as a paper invoice even if a paper invoice is requested. Customer agrees to make payment for the full invoice amount due to AWE according to the invoice to Customer within 15 days of the invoice date (“Due Date”). Any payment received after the Due Date is considered past due (“Past Due”).

Packaging: Keep Original Packaging – units are required to be returned in original packaging if repairs are needed in the future. The Company reserves the right to charge customer $25.00 if it is necessary for the Company to ship an empty box with packaging to the customer.

Returns and Exchanges: Customer has thirty (30) calendar days to return or exchange a hardware item from the date it was received. Only items that have been purchased directly from AWE can be returned or exchanged. To return or exchange an item to AWE, Customer must first email [email protected] to request a return merchandise authorization (RMA) number. All returned items must be repackaged in their original packaging with all cords, adaptors, and documentation that were included with the original shipment. Partial returns will not be accepted. All returns must be received by AWE within twenty (20) calendar days from the RMA issuance date. A restocking fee of 15% (of the purchase price) will be charged to Customer for all returns and exchanges. Customer is responsible for all applicable return shipping and packaging costs. AWE Learning will provide a return shipping label; associated costs will be deducted from your order refund for return postage. No returns or exchanges are accepted on ELF Child-Safe Browser™, ELF Reading & Reference™, or Platinum Online subscription licenses.

Delinquent Payment: The Customer agrees to pay interest on all Past Due amounts at the lesser of 1.5% per month or the highest rate allowed by law. In the event legal action is required to collect any amount due, Customer also agrees to pay collection costs and attorney’s fees incurred by AWE in a successful collection effort. AWE may suspend services, suspend further shipment of product(s) and/or terminate the Agreement in the event that Customer fails to make full payment within thirty (30) days after receiving notice of delinquency. Notice of delinquency may be sent via email or hard copy. Termination of the Agreement shall not alter Customer’s obligation to make full payment under this Agreement.

End User Rights Granted: Access to and use of ELF™, Platinum Online and other software, and all other information, administrative tools, and documentation that may be included in or with AWE products (the "Content") are non-exclusively licensed, and not sold, to Customer, without the right to grant sublicenses, re-sell, distribute or otherwise commercially exploit. During the term of this license and any subsequent license renewals (the "License Period"), AWE grants the Customer the right only to use the Content as an End User. Customer shall not copy in whole or in part (except for back-up purposes only), reproduce, modify, adapt, translate, auction, loan, lease, assign or transfer the Content, or create derivative works based upon the Content. The ELF Child-Safe Browser™ or ELF Reading & Reference™ is licensed for the number of building licenses granted by this Agreement. The Platinum Online Service includes one master account and a number of concurrent logins as set forth on the Purchase Quotation. AWE defines a building or location license as a maximum of 500 active installations distributed from a discrete Customer location. Customer obtains no right, title or interest to any intellectual property owned by AWE or residing in the Content. Any unauthorized use by Customer of the Content shall immediately and automatically terminate the license granted herein.

Limited Warranty on Hardware: Hardware warranties are an extension of, and limited to, the OEM warranty. AWE warrants that hardware products and accessories sold by AWE will be free against defects in materials and workmanship when used normally during the warranty period. Warranty periods vary by product. The Warranty does not cover defects or problems resulting from: (i) External causes such as accident, abuse, misuse, or electrical power problems; (ii) Servicing not authorized by AWE; (iii) Usage not in accordance with product instructions; (iv) Improper or unauthorized maintenance or modification; or (v) Usage of accessories, parts, or components not supplied or supported by AWE. This Limited Warranty does not cover any Products for which AWE has not received payment.

Warranty, Upgrade and Services Period on Bundled Products: AWE bundled hardware and software desktop products (“AWE Learning Stations”) include a three-year limited warranty period, periodic software upgrades, and On-line Services from the date of shipment. AWE will notify customer periodically of software upgrade as they become available. AWE bundled hardware and software tablet products (“AWE Tablets”) include a two-year limited warranty, no software upgrades, and On-Line services from the date of shipment. AWE’s limited warranty on AWE Learning Stations and AWE Tablets is limited to the computer, software, keyboard, and mouse.

Headphones include a 90-day limited warranty. Other optional accessories do not include a warranty.

Optional Extended Warranty, Upgrade and Services Period: Extended warranty, upgrade, and services are available for purchase for year four and five on eligible hardware and software products and accessories (not available on Platinum Online Service). Warranty, upgrade, and service periods must run consecutively (e.g., a year five extension may not be purchased without the purchase of a year four extension) and cannot exceed five years from the original date of shipment. Each one-year warranty, upgrade, and service extension will entitle Customer to all software updates during the extension period to the extent a software upgrade is released. AWE will notify Customer periodically of software upgrades as they become available. Customer is responsible for informing AWE of any changes to Customer’s contact information and for scheduling and coordinating software upgrade installations.

Optional Accidental Damage Warranty: Optional accidental damage warranty is available for purchase on eligible AWE Tablets. Accidental damage warranty provides coverage for certain physical loss or damage not covered by the limited hardware warranty as specified herein. AWE agrees to repair or replace tablet products covered under the accidental damage warranty during the coverage period for any physical loss or damage caused by: i) Accidental liquid spill in or on the tablet; ii) Accidental damage to the tablet due to unintentional drop or collision; or iii) Physical damage caused by any power surge. Accidental damage warranty does not cover physical loss or damage caused by: i) Damage due to being submerged in liquid or due to fire, flood, or other acts of nature; ii) Intentional damage; iii) Normal wear and tear; iv) Cosmetic damage; or iv) Theft or loss. AWE’s liability is limited in the aggregate to the total purchase price of the tablet as evidenced in a valid purchase invoice. AWE may at its discretion decide to repair or replace the damaged item with items similar or equivalent to the original purchased item. There is a limit of only one claim per registered serial number.

On-line Services: On-line services include Customer access to AWE’s customer web portal, Customer account management, usage tracking, and all on-line reporting and dashboard facilities (“On-line Services”). AWE maintains the right to disable On-line Services for Customer products whose warranty, upgrade, and services period has expired and/or whose contractual subscription has ended or been terminated. 573
© 2017 AWE Acquisition, Inc. All Rights Reserved. Confidential & Proprietary 2501 Seaport Drive, Suite # 410 SH • Chester • Pennsylvania, 19013 Phone (610) 833-6400 • Fax (610) 833-6440 • Email: [email protected] • www.awelearning.com Terms and Conditions (cont'd)
Technical Support and FAQ: For a list of frequently asked questions (FAQs) or to make a technical support request please visit us online at http://awelearning.com/support/ or email us at [email protected].

Limitation of Liability: AWE warrants that it will perform all services associated within this agreement in a professional and workman like manner. In no event will AWE’s liability whether in contract or tort, exceed the total amount of the fees and expenses paid to it by the Customer under this Agreement.

Access to the ELF Child-Safe Browser™ , ELF Reading & Reference™, and Platinum software content is provided on an "as is" basis and AWE makes no representations or warranties, either express or implied, of any kind with respect to the content and disclaims all warranties, express or implied, including, but not limited to, the merchantability and fitness for a particular purpose or the continued availability for use of the content. In the event of termination of access to the Content, in the case of subscribers, AWE's liability shall be limited to the refund to a registered subscriber of any subscriber fees corresponding to a pre-paid subscription. Institutional subscribers such as schools, child care, and libraries should independently verify that all Content provided via ELF and Platinum Online is appropriate for the intended audience or educational purpose. AWE’s liability for warranty replacement or repair is as stated above, and shall be strictly construed. AWE has no liability whatsoever for indirect, consequential or incidental damages under contract or tort or claims of loss of data, revenue or profits.

Liability and Indemnification: AWE shall indemnify, defend and hold harmless Customer, its officers, employees and designated representatives from any and all claims, suits, actions, damages, liabilities, expenses and costs of any kind, including litigation costs and reasonable attorney's fees, arising out of an assertion that Customer’s use of Content infringes on the intellectual property rights of a third party, or for bodily injury (including death) and/or damage to real or tangible personal property, provided that the injury or damage was proximately caused by the intentional or negligent acts of any of AWE’s officers, employees, agents or authorized sub-contractors (including suppliers). Customer shall indemnify defend and hold harmless AWE, its officers, employees and designated representative from any and all claims, suits, actions, damages, liabilities, expenses and costs of any kind, including litigation costs and reasonable attorney's fees, arising out of bodily injury (including death) and/or damage to real or tangible personal property, provided that the injury or damage was caused by the intentional or negligent acts Customer’s its officers, employees, agents or authorized sub- contractors (including suppliers).

Proprietary, Confidential and Non-Disclosure Agreement: Each party acknowledges that all information concerning the other party which is designated by the party as “Confidential and Proprietary” shall be deemed to be Confidential and Proprietary Information. Confidential and Proprietary Information is not meant to include any information, which, at the time of disclosure, is generally known by the public. Each party agrees that it will not permit the duplication, use, or disclosure of any such Confidential and Proprietary Information to any person (other than its own employees who must have such information for the performance of their obligation under this Agreement and as necessary to secure the performance of obligations hereunder by legal means), unless authorized in writing by the other party. Neither party shall use the name(s), trademark(s) or trade name(s), whether registered or not, of the other party in publicity releases or advertising without securing the prior written approval of the other party, such approval not to be unreasonably withheld; provided that AWE shall have the right, without Customer’s approval to use Customer’s name in its general list of customers.

Each party agrees to hold in confidence any such Confidential and Proprietary information disclosed pursuant to this Agreement for a period of 3 years from the effective date of this Agreement. The parties shall have no obligation to maintain such information in confidence provided, they can show that such information (i) was in their possession prior to disclosure of such information, (ii) is or becomes publicly available through no fault of the party or (iii) was developed by the party independent of this Agreement.

Ownership Rights: AWE shall retain all right, title and interest in all technical information, inventions, patents, trade secrets, developments, discoveries, software, know-how, methods, techniques, formulae, data, processes and other proprietary ideas, whether or not patentable or cop yrightable, that are developed pursuant to performance of the services hereunder, or are included in the Content.

Relationship and Right to Employ: AWE is an independent contractor and nothing in this Agreement shall be deemed to create a partnership or joint venture between Customer and AWE. As an independent contractor, AWE shall be responsible for withholding and paying all employment taxes, unemployment insurance, workers’ compensation insurance and benefits for its employees. During the term of this Agreement, and any extensions thereto, Customer and AWE agree not to engage in either solicitation or recruitment of each other's employees.

Term : This Agreement shall be effective when signed by both the Customer and AWE and thereafter remain in effect as hereinafter stated (unless otherwise stated in the Agreement). All AWE Learning Stations have an initial term of three years from the date of shipment, unless otherwise extended.

AWE Tablets have an initial term of two years from the date of shipment, unless otherwise extended. All ELF Child -Safe Browser™ or ELF Reading & Reference™ and subscription licenses and Platinum Online Services have an initial term of one year from the date of activation, unless otherwise extended.

Governing Law: This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania.

Final Agreement: This Agreement and exhibits contain the final and entire agreement between the parties and is intended to be an integration of all prior agreements between them regarding the services. This Agreement cannot be modified except in a writing signed by both p arties. 574
2501 Seaport Drive, Suite # 410 SH • Chester • Pennsylvania, 19013 Phone (610) 833-6400 • Fax (610) 833-6440 • Email: [email protected] • www.awelearning.com © 2017 AWE Acquisition, Inc. All Rights Reserved. Confidential & Proprietary Customer Loyalty Program
General: The Customer Loyalty Program provides eligible Customers with a discount off the purchase of a new AWE Learning Station or AWE Tablet in- return for exchanging, recycling, or repurposing a previously purchased AWE Learning Station or AWE Tablet. AWE requires that certain models be sent back to its return center. Your sales representative will identify models that need to be sent back. AWE will provide free sh ipping and packaging for return of those specific models. The Customer Loyalty Program is subject to change without prior notice.

Eligibility: Any Customer who has previously purchased an AWE Learning Station or Tablet, and desires to exchange, recycle, or repurpose it, in-return for a discount off the purchase of a new AWE Learning Station or Tablet is eligible to participate in the Customer Loyalty Program. Only one credit will be provided per exchanged, recycled, or repurposed computer. Customer acknowledges and agrees that by participating in the Customer Loyalty Program, that it owns the property free and clear of any lien or encumbrance and that it has full power and authority to transfer the ownership of said property.

AWE maintains the right to determine whether a previously purchased AWE product must be exchanged or recycled in order to be eligible to participate in the Customer Loyalty Program.

Scheduling and Shipping: Participating customers who are exchanging a previous purchase (not recycling it) will receive shipping instructions and shipping labels as part of their replacement purchase. Customer is responsible for scheduling a shipping (pick-up) date and time no later than five business days after receipt of shipping materials and labels, unless mutually agreed otherwise by Customer and AWE. Equipment will be picked-up from a location accessible by the shipping company at Customer’s site. Equipment will be transported to AWE’s processing site within 10 business days from the date of the pick-up. Additional time required for shipments from Hawaii, Alaska and Puerto Rico is acceptable.

Packaging: Customer is responsible for packing the equipment using the packing materials received as part of the replacement purchase.

Software/Data Backup: Customer is responsible for the backup of any data Customer needs or wishes to retain and for the removal of any confidential or sensitive data, including data that may be subject to unique rules regarding disclosure, accountability, or disposal. AWE is not responsible for the restoration of any data or software removed from the system by AWE or the Customer. AWE does not accept liability for lost data or software resulting from Customer’s backup activities (or failure to backup), any restoration of data or software, or for compliance with special rules that may apply to data on Customer’s equipment.

Fees: There is no fee to the Customer for return scheduling and shipping services (within the continental United States) provided that the Customer meets all Terms and Conditions of the Customer Loyalty Program. However, additional fees may apply for cancelled or rescheduled shipments. Customer is responsible for any costs incurred if incorrect products are identified and sent for shipment.

Returns and Exchanges: The Customer Loyalty Program does not offer returns or exchanges. AWE will not be able to return equipment once it has been picked up. A Customer Loyalty Program order may be canceled before an equipment pick-up is performed. Cancellation requests can be made online using the support link on AWE's homepage (www.awelearning.com/support). Customer is responsible for canceling any shipping (pick-up) arrangements with such provider directly.

Not Transferable: These services are not transferable.

No Contaminated Products: The service is not intended for equipment that is or has become contaminated or suspected of being contaminated with chemicals, biological agents or other substances that are not integral to the original new equipment or otherwise associated with normal office environments.

Title and Risk of Loss: AWE will bear no risk of loss or damage to the equipment during shipment to AWE or its processing site(s). Title will be deemed to pass to AWE or its provider upon receipt and possession of the equipment by AWE or its provider.

Claims of Confidentiality of Proprietary Rights: Customer agrees that any information or data disclosed or sent to AWE, over the phone, telephonically, electronically or otherwise, is not confidential or proprietary to Customer.

Commercially Reasonable Limits to Scope of Service: In the course of providing the service, AWE may determine that the issue is beyond the scope of the service. AWE may use commercially reasonable efforts to refer Customer to the appropriate alternative resource.

Warranty: AWE warrants that it will perform the services with commercially reasonable care. AWE makes no other warranty and disclaims all other warranties, whether express or implied, including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability: AWE will not be liable for lost profits, loss of business, lost data or software resulting from Customer’s backup activities (or failure to backup), or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. Customer agrees that AWE is not liable or responsible for any amount of losses or damages above the aggregate dollar a mount paid for the purchase of these services for the specific item or items of equipment which caused the losses or damages. 575
Agenda Item
City Council
Item #: 3.34. 4/12/2022 File #: 22-0185
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Grant a utility easement to Southern California Edison on City of Orange property at the new Fire Headquarters and Station No. 1.

2. SUMMARY
The granting of this easement for utility purposes on City owned property will enable Southern California Edison to install underground conduit and the electrical equipment for the electrical requirement needed at the new Fire Headquarters and Station No. 1.

3. RECOMMENDED ACTION
Authorize the granting of a utility easement on City property in favor of Southern California Edison and authorize the Mayor to execute easement deed from the City to Southern California Edison.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
On November 11, 2020, the City Council awarded the contract to Robert Clapper Construction Services, Inc. for Fire Headquarters and Station No. 1. The construction began in January 2021 and is scheduled to be completed in May 2022. As part of the scope of work, the installation of the electrical equipment is needed to energize the facility, and Southern California Edison (SCE) will need the easement to install lines and equipment on City property.

This easement from the City will allow SCE underground conduit from Water Street to the new above -ground transformer location in the new Fire Station No. 1/Fire Headquarters parking lot. Staff recommends the granting of a utility easement to SCE for the electrical requirement needed.

Tonight’sCity Council action is to authorize the granting of a utility easement on City property in favor of SCE, and to authorize the Mayor to execute the easement deed from the City to Southern City of Orange Printed on 4/7/2022Page 1 of 2
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576
Item #: 3.34. 4/12/2022 File #: 22-0185
California Edison.

7. ATTACHMENTS
· Easement deed
· Location map
City of Orange Printed on 4/7/2022Page 2 of 2
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577
Agenda Item
City Council
Item #: 3.34. 4/12/2022 File #: 22-0185
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Grant a utility easement to Southern California Edison on City of Orange property at the new Fire Headquarters and Station No. 1.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

Tonight’sCity Council action is to authorize the granting of a utility easement on City property in favor of SCE, and to authorize the Mayor to execute the easement deed from the City to Southern City of Orange Printed on 4/7/2022Page 1 of 2
powered by Legistar™
578
Item #: 3.34. 4/12/2022 File #: 22-0185
California Edison.

7. ATTACHMENTS
· Easement deed
· Location map
City of Orange Printed on 4/7/2022Page 2 of 2
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579

RECORDING REQUESTED BY

WHEN RECORDED MAIL TO

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2 nd FLOOR
POMONA, CA 91768

Attn: Title and Real Estate Services

SPACE ABOVE THIS LINE FOR RECORDER’S USE
SCE Doc. No.

GRANT OF

EASEMENT
DOCUMENTARY TRANSFER TAX $ NONE
VALUE AND CONSIDERATION LESS THAN $100.00)

DISTRICT
Central OC

SERVICE ORDER
TD1813776
SERIAL NO.

MAP SIZE

_____________________ SCE Company
SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME FIM 49 -16A -9
APN 390-453-07

APPROVED:

VEGETATION &
LAND

MANAGEMENT
BY
SLS/CG
DATE
03/09/22

CITY OF ORANGE, a municipal corporation (hereinafter referred to as “Grantor”), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as “Grantee”), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as “systems”), consisting of wires, underground conduits, cables, vaults, ma nholes, handholes, and including above -ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence, data and/or communications (eg. through fiber optic cable), in, on, over, under, across and along that certain real property in the County of Orange, State of California, described as follows:

TWO STRIPS OF LAND LYING WITHIN LOT 5, IN BLOCK “ B” OF THE JAMESON TRACT, AS PER MAP RECORDED IN BOOK 13, PAGE 4 4 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF TH E COUNTY

RECORDER OF LOS ANGELES COUNTY, THE CENTERLINES OF SAID STRIPS ARE DESCRIBED AS FOLLOWS:

STRIP #1 (6.00 FEET WIDE)

BEGINNING AT THE I NTERSECTION OF THE EASTERLY LINE OF WATER STREET, 60.00 FEET WIDE, AS SHOWN ON SAID JAMESON TRACT , WITH A LINE PARALLEL WITH AND DISTANT 8.75 FEET NORTHERLY, MEASURED AT RIGHT ANGLE S, FROM THE SOUTHERLY LINE OF SAID LOT 5; THENCE ALONG SAID PARALLEL LINE, SOUTH 89°55 ’30” EAST 32.00 FEET TO A POINT OF ENDING, SAID POINT TO BE HEREINAFTER REFERRED TO AS POINT “A”.

THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO TERMINATE WESTERLY IN SAID EASTERLY LINE.

STRIP #2 (14.00 FEET WIDE)

COMMENCING AT SAID POINT “A”; THENCE SOUTH 00°04’30” WEST 0.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°55’30” EAST 17.00 FEET TO A POINT OF ENDING.

FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION, SEE EXHIBIT “ A” ATTACHED HERETO AND MADE A PART HEREOF.

This legal description was prepared by Spectrum Land Services pursuant to Sec. 8730(c) of the Business & Professions Code.

580

DSE802151598
TD1813776

Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of t he easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement.

Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere with said s ystems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the G rantee shall make the same in such a manner as will cause the least injury to the surface of the ground aroun d such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to suc h excavation as is practicable.

EXECUTED this
_____ day of _______________________, 20____.

GRANTOR

CITY OF ORANGE,
a municipal corporation

____________________________________
Signature

____________________________________
Print Name

____________________________________
Title

A Notary Public or other officer comple ting this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

On _______________________ before me, , a Notary Public, personally

appeared , who proved to me on the basis of satisfactory evidence to be the person(s ) whose name(s) is/are subs cribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/the ir authorized cap acity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the fore going paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________ (Seal)
581

DSE802151598
TD1813776

EXECUTED this _____ day of _______________________, 20____.

GRANTEE

SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation

____________________________________
Signature

____________________________________
Print Name

____________________________________
Title

A Notary Public or other officer completing this certificate verifies only the identity of the individu al who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

On _______________________ before me, , a Notary Public, personally

appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me th at he/she/they executed the same in his/her/the ir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature _______________________________ (Seal)
582
LOT 1LOT 2LOT 3LOT 4
BLOCK "B"
LOT 6
LOT 7
LOT 10LOT 9LOT 8
LOT 5
IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIAJAMESON TRACTM.R. 13/44LOS ANGELES COUNTYNEXHIBIT "A" 583

RFP No. 20-21.12
Fire Station 1 and Fire Headquarters; SP-4071

Parking Lot
Reserve App.

Bay
Fire Station
1/Headquarters
N
584
Agenda Item
City Council
Item #: 3.35. 4/12/2022 File #: 22-0192
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Susan Galvan, Interim Community Development Director

1. SUBJECT
Amendments to the 2019-2020 and 2021-2022 Community Development Block Grant Annual Action Plans, Citizen Participation Plan, and budget adjustments to the Community Development Block Grant Fund.

2. SUMMARY
Proposed Amendment to the 2019-2020 and 2021-2022 Community Development Block Grant Annual Action Plans, Citizen Participation Plan, and budget adjustments to the Community Development Block Grant Fund to bring internal records into alignment with Department of Housing and Urban Development records and best practice recommendations.

3. RECOMMENDED ACTION

1. Approve the following:
a. Third Amendment to the 2019-2020 Community Development Block Grant Annual Action Plan;
b. First Amendment of 2020-2021 Community Development Block Grant Annual Action Plan;
c. Draft Citizen Participation Plan

2. Authorize the following to 310.9645.51770.30200 CDBG Projects - 517 W. Struck Transition:
a. Transfer $230,000 from expenditure account 310.9645.55510.30147 Other Capital Outlay-CARES Grants SBA;
b. Transfer $48,479.76 from expenditure account 310.9645.500002.30147 Regular Salaries - Misc CARES Act
c. Appropriate $468,405 from revenue account 310.0000.45120.30180 Federal HUD Grants-Homeless Outreach.

3. Authorize the following for the Beverly Street Rehabilitation Project:
a. Accept $16,892 in additional Community Development Block Grant funds to revenue account 310.0000.45120.00000 Federal HUD Grants;
b. Appropriate $16,892 to expenditure account 310.9645.56582.30164 Rehabilitation/Development Grant-Beverly;

4. Authorize the following to 310.9645.57130.11070 CDBG Contingency Account a. Transfer of $68,628.07 from expenditure account 310.9645.56582.30135 Rehab Grant- Hoover Neighborhood St Rehab;
b. Transfer of $27,670.09 from expenditure account 310.9645.56020.30136 CIP City of Orange Printed on 4/7/2022Page 1 of 5
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585
Item #: 3.35. 4/12/2022 File #: 22-0192
Improvements-Library Restrooms Access;
c. Adjustment to add $14,540.63 to align with HUD’srecords of available past entitlement funds.

5. Authorize the City Manager or his designee to execute Fiscal Year 2021-2022 Memoranda of Understanding with City departments and all related Departments of Housing and Urban Development (HUD) documents to reflect the above mentioned adjustments.

4. FISCAL IMPACT
Adjustments to accounts result in a net increase of $499,837.63 to the Community Development Block Grant (310) expenditure accounts.

CDBG (310)
From To Amount Net Increase to
Budget
Purpose
Small Business
Assistance
CARES CV-1
Transition of
517 W. Struck
$230,000 0 Additional resources to
fund transition plan.

Small Business
Assistance
Administration
CARES CV-1
Transition of
517 W. Struck
$48,479.76 0 Additional resources to
fund transition plan.

Homeless
Outreach
unallocated
funds CARES
CV-3
Transition of
517 W. Struck
$468,405 $468,405 Additional allocation of
CARES funds to fund
transition plan.

Additional
CDBG
entitlement
funds
Beverly Street
Rehabilitation
Project
$16,892 $16,892 Allocate additional
CDBG funds
Hoover Street
Rehabilitation
Project (2020-
2021)
Contingency $68,628.07 0 Project complete.

Make funds available
for other projects
Library
Restroom ADA
Access Project
(2020-2021)
Contingency $27,670.09 0 Project complete.

Make funds available
for other projects
Account
adjustment
increase
Contingency $14,540.63 $14,540.63 Align with HUD
records of available
past year entitlement
funds
Total $499,837.63
City of Orange Printed on 4/7/2022Page 2 of 5
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586
Item #: 3.35. 4/12/2022 File #: 22-0192

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community e: Develop and strengthen collaborative partnerships to enhance and promote quality of life programs, projects, and services.

6. DISCUSSION AND BACKGROUND
Amendment to 2019-2020 Action Plan (CARES Act)
On May 20, 2020, Council approved the First Amendment to the 2019-2020 Action Plan to accept and allocate $705,956 in the first round (CV-1) of Coronavirus Aid, Relief, and Economic Security Act (CARES) funds to prevent, prepare for, and respond to the coronavirus pandemic for the Small Business Assistance Program to help spur the local economy by preserving low and moderate income jobs. Assistance was provided to businesses that struggled with employee retention or experienced a significant reduction of business as a result of the shutdowns. With businesses recovering, the last request for business employee retention assistance was received in August of 2021, leaving $278,479.76 available for use.

On June 8, 2021, Council approved the Second Amendment to the 2019-2020 Action Plan to accept and allocate an additional $1,108,070 in CV funds (CV-3) to the Homeless Outreach Program. The intent of the program is to assist persons experiencing homelessness by connecting them to and providing resources related to services and shelter. Of the $1,108,070 amount, an estimated three year cost of $639,665 was allocated for two Homeless Outreach Specialists and the cost of their equipment, leaving $468,405 available for use.

Eligible uses for CV-1 and CV-3 funds include services and housing assistance to those experiencing or being at-risk of homelessness as a result of the coronavirus pandemic. As the pandemic exacerbated the homeless crisis and additional resources continue to be needed, staff recommends using the balance of unused CV-1 and uncommitted CV-3 funds for the transition plan at 517 W.

Struck Avenue, which includes services focused on the prevention, preparation, and response to coronavirus to those experiencing or at-risk of homelessness.

Amendment to 2021-2022 Action Plan (Public Facilities)
The Amendment to the 2021-2022 Action Plan increases funding to three Public Facilities Projects as detailed below:

1. ADA Wheelchair Access Ramp: Increases the amount funded from $68,430 to $138,430 as approved by City Council on November 9, 2021;

2. Library ADA Improvement - El Modena Library: Increases the amount funded from $65,000 to $180,000. Staff will be presenting proposal to increase allocation based on bids received at the April 12, 2022 City Council meeting;

3. Beverly Neighborhood Street Rehabilitation: Increases the amount funded from $611,830 to $628,722 to off-set city staff costs. HUD requires the additional entitlement funds to be allocated to a project. The project that staff identified for the additional funds is the Beverly Neighborhood Street Rehabilitation to meet this requirement.

Citizen Participation Plan
The Citizen Participation Plan is the document that outlines the strategy to ensure the participation of citizens and other interested parties in the development of the Five-Year Consolidated Plan (CP), City of Orange Printed on 4/7/2022Page 3 of 5
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citizens and other interested parties in the development of the Five-Year Consolidated Plan (CP), Annual Action Plan (AAP), and the Consolidated Annual Performance and Evaluation Report (CAPER).

The significant updates to the Citizen Participation Plan are as follows:

1. Changes the number of required public meetings from two to one for the development of the Annual Action Plan. Currently, two public meetings are required, one consisting of a workshop for new applicants and the second a meeting of the CDBG committee to deliberate on funding recommendations for applications received. In recent years, staff has continued to receive applications from the same applicants who are familiar with the program and do not need training to fill out the application. By changing the minimum to one public meeting requirement, staff has the option of providing a workshop only in the event there is a new applicant. The requirements for two public hearings from the CDBG Committee and City Council will remain. This change improves staff time efficiency on CDBG activities and still meets HUD requirements.

2. The Consolidated Plan (CP) is required to be updated every five years and is the document from which the annual Action Plans are based. A critical element of the CP is a needs assessment survey which helps in identifying the City’s overall housing and community development needs and market conditions, establishes funding priorities, outlines a strategy to address the priorities, and provides the framework for the use of CDBG, HOME and other federal entitlement grants. Currently the needs assessment survey is performed on an annual basis. Staff recommends aligning the needs assessment survey with the CP in the five year cycle. By aligning the needs assessment survey with the development of the CP, a cost savings is realized and aligns our practices to be more consistent with those of other cities, while still meeting HUD requirements

3. Changes the requirement of the Action Plan to be drafted and reviewed after the CDBG Committee’spublic meeting. Currently, the Citizen Participation Plan requires the draft Action Plan be published for public review before the public meeting where deliberations for funding recommendations are made. This results in staff’srecommendations incorporated into the Action Plan and published for public comment before the Committee has an opportunity to make modifications for a recommendation to Council. By publishing the Action Plan after the public meeting, the Committee has an opportunity to make the recommendations first and have those recommendations reflected in the document for public review, resulting in a more efficient process.

4. Authorizes the City Manager to approve change orders on CDBG-funded Public Facilities activities that require budget adjustments for changes involving $30,000 or less, in alignment with current City policy. Changes above $30,000 would continue to require City Council approval.

Adjustments to CDBG (Fund 310)
On September 14, 2021, staff retained the services of Michael Baker International (consultant) to assist with the administration and review of the CDBG and HOME programs for the City. As part of the review, staff and the consultant identified inconsistencies with the Department of Housing and Urban Development’s(HUD) records and those reflected in the City’sfinancial system (Eden). In an effort to bring the two systems into alignment, the following budget adjustments are recommended to the CDBG Fund (310):

1. Increase the CDBG 2021-2022 entitlement from $1,146,270 to $1,163,162, an increase of $16,892. On May 18, 2021, the City was notified by email that the entitlement had City of Orange Printed on 4/7/2022Page 4 of 5
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of $16,892. On May 18, 2021, the City was notified by email that the entitlement had increased, but the change was not reflected in the Eden accounting system.

2. Adjust contingency account by increasing it $14,540.63 to make it consistent with available past years’ entitlement funds reflected in HUD’s financial reporting system.

Inconsistencies were also discovered with internal City HOME (Fund 317) records and available funding reflected in HUD’s reporting system. Staff and the consultant are in the process of determining any discrepancies and will bring any recommended adjustments to the City Council at the next Council meeting on May 10, 2022.

By accepting the proposed adjustments, the City’sinternal system records will be in alignment with HUD’srecords resulting in more efficient management and use of the funds and follow best practice recommendations.

7. ATTACHMENTS
· Draft Third Amendment to FY2019-2020 Action Plan
· Draft First Amendment to FY2021-2022 Action Plan
· Draft Citizen Participation Plan
· FY2021-2022 Revised CDBG Amounts Notification
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Agenda Item
City Council
Item #: 3.35. 4/12/2022 File #: 22-0192
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Susan Galvan, Interim Community Development Director

3. RECOMMENDED ACTION

2. Authorize the following to 310.9645.51770.30200 CDBG Projects - 517 W. Struck Transition:
a. Transfer $230,000 from expenditure account 310.9645.55510.30147 Other Capital Outlay-CARES GrantsSBA;
b. Transfer $48,479.76 from expenditure account 310.9645.500002.30147 Regular Salaries - Misc CARES Act
c. Appropriate $468,405 from revenue account 310.0000.45120.30180 Federal HUD Grants-Homeless Outreach.

4. Authorize the following to 310.9645.57130.11070 CDBG Contingency Account a. Transfer of $68,628.07 from expenditure account 310.9645.56582.30135 Rehab Grant- Hoover Neighborhood St Rehab;
b. Transfer of $27,670.09 from expenditure account 310.9645.56020.30136 CIP City of Orange Printed on 4/7/2022Page 1 of 5
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Improvements-Library Restrooms Access;
c. Adjustment to add $14,540.63 to align with HUD’srecords of available past entitlement funds.