Agenda packet — Orange City Council, May 10, 2022 (part 1 of 3)

Rob Houston
City Manager
Gary A. Sheatz
City Attorney
Pamela Coleman
City Clerk
MARK A. MURPHY
Mayor

KIMBERLEE NICHOLS
Mayor pro tem

CHIP MONACO
Councilmember

ARIANNA BARRIOS
Councilmember, District 1

JON DUMITRU
Councilmember, District 2

KATHY TAVOULARIS
Councilmember, District 3

ANA GUTIERREZ
Councilmember, District 5
AGENDA
City Council
May 10, 2022
5:00 PM Closed Session
6:00 PM Regular Session
City Council Chamber
300 E. Chapman Avenue
Orange, CA 92866
The City of Orange City Council welcomes you to this meeting and encourages your participation. Regular City Council meetings are held on the second Tuesday of each month at 6:00 p.m.

Agenda Information
The agenda contains a brief general description of each item to be considered. The City Council may take legislative action deemed appropriate with respect to the item and is not limited to the recommended action indicated in staff reports or the agenda. The agenda and supporting documentation is available after 4:00 p.m. on the Thursday prior to the Council meeting on the City's website at www .cityoforange.org, at the City Clerk's Office located at 300 E. Chapman Avenue, and at the Main Public Library located at 407 E. Chapman Avenue. Written materials relating to an item on the agenda that are provided to the City Council after agenda packet distribution and within 72 hours before it is to consider the item will be made available for public inspection in the City Clerk ’s Office during normal business hours; at the City Council meeting; and made available on the City's website.

Public Participation
Regular meetings are televised live on Spectrum Cable Channel 3 and AT&T U -verse Channel 99, and streamed live and on-demand on the City's website at www.cityoforange.org.

Pursuant to Government Code Section 54954.3, members of the public may address the City Council on any agenda item before or during Council ’s consideration of the item, and on any other matters within the City Council’s jurisdiction by using any of the following methods:
1) In-Person
To speak on an item on the agenda, complete a speaker card indicating your name and address, and identifying the agenda item number or subject matter you wish to address. The card should be given to the City Clerk prior to the start of the meeting. General comments are received during the “Public Comments ” section at the beginning of the Regular Session. No action may be taken on off -agenda items unless authorized by law. Public Comments are limited to three (3) minutes per speaker unless a different time limit is announced. It is requested that you state your name for the record, then proceed to address the City Council. All speakers shall observe civility, decorum, and good behavior. (Continued on page 2)

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1 City Council Agenda May 10, 2022
2) Written Public Comments via email or eComment
Members of the public can submit their written comments electronically for City Council consideration by emailing them to CCpubliccomment@cityoforange .org with the subject line “Public Comment Item # (insert the item number relevant to the comment )” or “Public Comment Non -agenda Item” for general public comments. The public can also submit written comments on the City ’s eComment page. Please visit the City’s website at www .cityoforange.org, click Current City Council Agenda, then click the eComment link for this meeting. To ensure distribution to the City Council prior to consideration of the agenda, we encourage the public to submit comments by 3:00 p.m. the day of the meeting. All public comments will be provided to the Council, posted on the City’s website, and compiled as part of the record. 3) Public Comments via recorded voicemail message
Finally, the public can record their comments by calling (714) 744-2234 no later than 5:00 p.m. the day of the meeting. Recorded messages will not be played at the meeting, but will be provided to the Council and the caller's position will be summarized in the minutes.

In accordance with Ordinance No. 10-01, any person making personal, impertinent, slanderous or profane remarks or who becomes boisterous while addressing the Council shall be called to order by the Mayor. If such conduct continues, the Mayor may order the person barred from addressing the City Council further during that meeting, unless permission to continue is granted by a majority vote of the Council.

Please contact the City Clerk’s Office at (714) 744-5500 with any questions.

ADA Requirements: In compliance with the Americans with Disabilities Act, if you need accommodations to participate in this meeting, please contact the City Clerk's office at (714) 744-5500. Notification at least 48 hours in advance of meeting will enable the City to make arrangements to assure accessibility to this meeting.

REMINDER: Please silence all electronic devices while City Council is in session.

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2 City Council Agenda May 10, 2022
5:00 PM CLOSED SESSION

1. ROLL CALL

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, members of the public may address the Council on Closed Session items only. Public Comments are limited to three (3) minutes per speaker.

3. RECESS TO CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) Name of case: Mary's Kitchen, et al. v. City of Orange
United States District Court Case No. 8:21-cv-01483-JVS-KES b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957.

Title: City Attorney
c. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6.

City Negotiator: Rob Houston, City Manager
Employee Organization: Top Management

4. CLOSED SESSION REPORT

5. ADJOURNMENT
The City Council will adjourn to the 6:00 p.m. Regular Session in the Council Chamber.

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3 City Council Agenda May 10, 2022
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER

1.1 INVOCATION
Pastor Eric Turbedsky, Sovereign Grace Church

1.2 PLEDGE OF ALLEGIANCE
Councilmember Chip Monaco

1.3 ROLL CALL

1.4 PRESENTATIONS/ANNOUNCEMENTS

2. PUBLIC COMMENTS
At this time, members of the public may address the Council on matters not listed on the agenda within the subject matter jurisdiction of the City Council, provided that NO action may be taken on off -agenda items unless authorized by law. Public Comments are limited to three (3) minutes per speaker.

3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion approving the recommended action listed on the Agenda. Any member of the City Council, staff or the public may request an item be removed from the Consent Calendar for discussion or separate action. Unless otherwise specified in the request to remove an item from the Consent Calendar, all items removed shall be considered immediately following action on the remaining items on the Consent Calendar.

3.1. Waive reading in full of all ordinances on the Agenda.

Approve.

Recommended Action:

3.1 Staff ReportAttachments:

3.2. Confirmation of warrant registers dated April 8, 14, 22, and 28, 2022.

Approve.

Recommended Action:

3.2 Staff ReportAttachments:

3.3. Approval of meeting minutes of the City Council of the City of Orange for the April 12, 2022, Regular Meeting; and April 26, 2022, Adjourned Regular Meeting.

Approve minutes as presented.

Recommended Action:

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3.3 Staff Report
April 12, 2022, Regular Meeting minutes
April 26, 2022, Adjourned Regular Meeting minutes
Attachments:

3.4. Reappointment of Library Board of Trustee member Rebecca Martinez to a third three-year term ending June 30, 2025.

Reappoint Library Board of Trustee member Rebecca Martinez for a three -year term ending June 30, 2025.

Recommended Action:

3.4 Staff ReportAttachments:

3.5. Third Amendment to Agreement with West Coast Arborists, Inc. for tree maintenance services in parks, City facilities, assessment districts, medians, and rights of ways.

Approve the Third Amendment with West Coast Arborists, Inc. for a period of one -year in an amount not to exceed $ 398,589.13 for tree maintenance services for parks, City facilities, assessment districts, medians and rights of ways; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

3.5 Staff Report
Third Amendment to Tree Maintenance Services Agreement
Attachments:

3.6. Agreement with GovOS, Inc. for SeamlessDocs forms management services.

Approve the agreement with GovOS, Inc. in the total amount of $ 61,154.38 for forms management services and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

3.6 Staff Report
Agreement with GovOS
Attachments:

3.7. First Amendment to the Agreement with Terry ’s Testing, Inc. for required repair and replacement of failing backflow devices.

Approve the First Amendment with Terry ’s Testing, Inc. in an amount of $ 14,190 to make necessary repairs to multiple backflow devices throughout the City, and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

3.7 Staff Report
First Amendment to Agreement with Terry’s Testing, Inc.

Attachments:

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3.8. Agreement with California Forensic Phlebotomy, Inc. for evidence collection services through June 30, 2024.

Approve the two -year agreement with California Forensic Phlebotomy, Inc. in the annual amount of $ 80,000 for evidence collection services, and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

3.8 Staff Report
Professional Services Agreement with CFP
Attachments:

3.9. Fourth Amendment to the Agreement with Lyons Security Services, Inc. for additional security services.

1. Approve the amendment with Lyons Security Services, Inc. in the amount of $253,352.06 for security services, and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $157,871.58 from the General Fund unreserved fund balance to expenditure account number 100.0000.51670.30200, General Fund - 517 W. Struck Transition
Recommended Action:

3.9 Staff Report
Fourth Amendment to Agreement with Lyons Security
Attachments:

3.10. Agreement with Prado Family Shooting Range for range services through June 30, 2024.

Approve the two -year agreement with Prado Family Shooting Range in the amount of $17,000 annually for range services, and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

3.10 Staff Report
Professional Services Agreement with Prado
Attachments:

3.11. Agreement with Bureau Veritas North America, Inc. for plan review services for Fiscal Year 2022-2023.

Approve the agreement with Bureau Veritas North America, Inc. in an amount of $50,000 for plan review services, and authorize the Mayor and the City Clerk to execute on behalf of the City.

Recommended Action:

3.11 Staff Report
Professional Services Agreement
Attachments:

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3.12. Agreement with Code Consulting Group, LLC for plan review services for Fiscal Year 2022-2023.

Approve the agreement with Code Consulting Group, LLC, in an amount of $ 40,000 for plan review services, and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

3.12 Staff Report
Professional Services Agreement
Attachments:

3.13. Agreement with The Jungle Nursery, Inc. for weed abatement services for Fiscal Year 2022-2023.

Approve agreement with The Jungle Nursery, Inc ., in an amount of $ 96,250 for weed abatement services; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

3.13 Staff Report
Professional Services Agree - The Jungle Nursery
Weed Abatement Contract Renewal Pricing
Weed Abatement City Parcel Maps
Attachments:

3.14. Appropriation of $ 194,618 in SB 1383 Local Assistance Grant Program Fiscal Year 2021-22 and approval of agreement with Tripepi Smith & Associates, Inc.

1. Accept into the City ’s revenue budget $194,618 in grant funds from the California Department of Resources Recycling and Recovery, into revenue account number 100.5001.48486.30201, General Fund - SB 1383 Local Assistance Grant Program Fiscal Year 2021-22.

2. Authorize the appropriation of $194,618 to expenditure account number 100.5001.51670.30201, General Fund - SB 1383 Local Assistance Grant Program FY22.

3. Approve agreement with Tripepi Smith & Associates, Inc. in the amount of $90,000 for professional services; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

3.14 Staff Report
Professional Services Agreement with Tripepi, Smith & Associates, Inc.

Attachments:

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3.15. Appropriation of $ 23,658 in designated continuing education funding received from the Rancho Santiago Community College District.

1. Accept into the City ’s revenue budget $23,658 in continuing education funds from Rancho Santiago Community College District into revenue account number 100.3023.48210.20234, General Fund - Santa Ana College Fire Training.

2. Authorize the appropriation of $23,658 into expenditure account number 100.3023.51840.20234, General Fund - Santa Ana College Fire Training.

Recommended Action:

3.15 Staff Report
Standard Inter-Agency Instructional Services Agreement
Attachments:

3.16. Appropriation of $ 198,310.43 in State of California Office of Emergency Services funding received.

1. Accept into the City ’s revenue budget $198,310.43 in strike team reimbursement funds from the California Office of Emergency Services (Cal-OES), into the revenue account numbers for Cal -OES reimbursements as specified in Section 6 of the staff report.

2. Authorize the appropriation of $195,902.80 into the expenditure account number for Overtime-Safety as specified in Section 6 of the staff report.

3. Authorize the appropriation of $2,407.63 into the expenditure account numbers for Strike Team Expenditures as specified in Section 6 of the staff report.

Recommended Action:

3.16 Staff ReportAttachments:

3.17. Appropriation of $ 40,460 in revenue from community partnership donations and user group maintenance fees.

1. Accept into the City ’s revenue budget $40,460 in community partnership donations and user group maintenance fees into the following accounts:
a. $40,000 100.7015.48390.30197 Donations-2022 Special Events Season b. $ 460 100.7022.42480.00000 User Group Maintenance Fees

2. Authorize the appropriation of $40,000 to expenditure account number 100.1015.51355.30197, General Fund - Special Events-2022 Season.

3. Authorize the appropriation of $460 to expenditure account number 100.7022.51424.00000, General Fund - User Group Maintenance.

Recommended Action:

3.17 Staff ReportAttachments:

3.18. Approval of plans and specifications and authorization to advertise for bids for Steel Streetlight Pole Replacement, Fiscal Year 2021-2022.

Approve plans and specifications and authorize advertising for bids; Bid No. 21-22.36, SP-4196.

Recommended Action:

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3.18 Staff Report
Location Maps
Attachments:

3.19. Approval of plans and specifications for Replacement of the Emergency Generator and Automatic Transfer Switch at the Water Division Headquarters (W-718), and authorization to advertise for bids.

Approve the plans and specifications, and authorize advertising for bids; Bid No . 22-23.01.

Recommended Action:

3.19 Staff Report
Location Map
Attachments:

3.20. Claims for Damages.

Deny the following claims and refer to City Attorney and Claims Adjuster:

1. Dalante Bell

2. Esther Castillo

3. Ricardo V. Lopez

4. Enrique Valadez-Ortiz
Recommended Action:

3.20 Staff ReportAttachments:

3.21. Second Reading and adoption of an Ordinance of the City Council of the City of Orange repealing Chapter 2.50 of the Orange Municipal Code to Eliminate the Investment Oversight Committee due to the creation of the Investment and Audit Committee. Ordinance No. 02-22.

Adopt Ordinance No. 02-22.

Recommended Action:

3.21 Staff Report
Ordinance No. 02-22
Attachments:

3.22. Authorize rental services for core service facilities with United Rentals (North America), Inc. for the 517 W. Struck Transition Plan.

Approve purchase order of $ 360,000 with United Rentals (North America ), Inc. for core service facility rentals using the Sourcewell Cooperative Purchasing Agreement number 062320-URI.

Recommended Action:

3.22 Staff Report
Cooperative Purchasing Agreement with United Rentals
Attachments:

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9 City Council Agenda May 10, 2022

3.23. Authorize purchase of Winchester Law Enforcement Ammunition from Dooley Enterprises, Inc. as a sole source vendor.

Approve the sole source purchase of ammunition from Dooley Enterprises, Inc. for $88,000.

Recommended Action:

3.23 Staff ReportAttachments:

3.24. Authorize purchase of ballistic vests and helmets from U.S. Armor Corporation.

Approve the purchase of ballistic vests and helmets from U .S. Armor Corporation for $40,000.

Recommended Action:

3.24 Staff Report
GSA Amendment GS-07F-072DA
Attachments:

3.25. Authorize the purchase of IT professional services, annual support, and products from Sidepath, Inc.

Approve the purchase of IT professional services, annual support, and products from Sidepath, Inc. in the amount of $56,000.

Recommended Action:

3.25 Staff Report
QUOTE-Professional Services
Attachments:

3.26. Monthly Treasurer’s Reports for January, February, and March 2022.

Receive and file.

Recommended Action:

3.26 Staff Report
Investment Report for January 2022
Investment Report for February 2022
Investment Report for March 2022
Attachments:

3.27. Approval of the Fiscal Year 2022-2023 Pavement Management Program list of arterial streets to be funded by SB 1 (The Road Repair and Accountability Act ) and appropriating Road Maintenance and Rehabilitation Account funding .

Resolution No. 11389.

Approve Resolution No. 11389. A Resolution of the City Council of the City of Orange approving the Fiscal Year 2022-2023 Pavement Management Program budget to incorporate a list of nine arterial streets to be funded by SB 1 (The Road Repair and Accountability Act) and appropriate Road Maintenance and Rehabilitation Account Recommended Action:

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10 City Council Agenda May 10, 2022
RMRA) funding.

3.27 Staff Report
Resolution No. 11389
Exhibit “A” (Project list)
Location Map
Attachments:

3.28. Approval of the Landscape Maintenance Districts 86-2 (Santiago Hills) and 15-1 (Santiago Hills Overlay) Preliminary Engineer ’s Report for Fiscal Year 2022-2023.

Resolution No. 11390.

1. Adopt Resolution No. 11390. A Resolution of the City Council of the City of Orange regarding Landscape Maintenance Assessment Districts 86-2 (Santiago Hills ), and 15-1 (Santiago Hills Overlay) declaring its intention to provide for an annual levy and collection of assessments for Fiscal Year 2022-2023; setting a time and place for a public hearing to receive public testimony on the foregoing matters; and giving preliminary approval of the certified Engineer ’s Report for Landscape Maintenance Assessment Districts 86-2 (Santiago Hills) and 15-1 (Santiago Hills Overlay).

2. Declare the intent to levy an annual assessment, and set June 14, 2022, at 6:00 PM at City Hall, 300 E Chapman Avenue, Orange, CA 92866, as the time and place for the Public Hearing on the assessments.

Recommended Action:

3.28 Staff Report
Resolution No. 11390
Preliminary Engineer's Report LMD 86-2
Preliminary Engineer's Report LMD 15-1
Attachments:

3.29. Approval of the Landscape Maintenance Assessment District 94-1 (Sycamore Crossing) Preliminary Engineer ’s Report for Fiscal Year 2022-2023. Resolution No. 11391.

1. Adopt Resolution No. 11391. A Resolution of the City Council of the City of Orange regarding Landscape Maintenance Assessment District 94-1 (Sycamore Crossing ) declaring its intention to provide for an annual levy and collection of assessments for Fiscal Year 2022-2023; setting a time and place for a public hearing to receive public testimony on the foregoing matters, and giving preliminary approval of the certified Engineer ’s Report for Landscape Maintenance Assessment District 94-1 (Sycamore Crossing).

Recommended Action:

3.29 Staff Report
Resolution 11391
Engineer's Report LMD 94-1
Attachments:

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11 City Council Agenda May 10, 2022

3.30. Declaration of a Level 2 Water Supply Shortage. Resolution No. 11392.

Adopt Resolution No. 11392. A Resolution of the City Council of the City of Orange declaring a Level 2 Water Supply Shortage.

Recommended Action:

3.30 Staff Report
Resolution No. 11392
Ordinance No. 16-21
Executive Order N-7-22
Attachments:

END OF CONSENT CALENDAR
* * * * * * * *

4. REPORTS FROM MAYOR MURPHY

5. REPORTS FROM COUNCILMEMBERS
An opportunity for Councilmembers to make a brief announcement, report, or request .

No action(s) will be taken pursuant to Government Code Section 54954.2(a)(3).

5. 1. Resolution to support a temporary suspension of state gas tax. (Tavoularis) Consider adoption of Resolution No. 11393. A Resolution of the City Council of the City of Orange Requesting that the Governor Authorize a Temporary, Six -Month Suspension of the State Gas Tax.

Recommended Action:

5.1 Staff Report
Resolution No. 11393
Attachments:

5.2. Highlight Local Business (Gutierrez & Barrios)

6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS

7. ADMINISTRATIVE REPORTS

7.1. Consideration of a preliminary award of $ 780,000 of HOME Investment Partnership funds to Katella Terrace, L .P. for the Katella Terrace senior affordable housing project as part of the FY2022-2023 Action Plan.

1. Approve the allocation of HOME funds to the Katella Terrace senior affordable housing in the FY2022-2023 Action Plan.

2. Authorize the following transfers to 317.9660.56571.20512 Rehab/Dev Recommended Action:

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12 City Council Agenda May 10, 2022
Loans-Katella Terrace Senior Housing:
a. Transfer $162,014.04 from 317.9660.51771.11110 Block Grant General Administration
b. Transfer $442,968.70 from 317.9660.56510.11210 HOME CHDO Allocation $374,400.70 in FY2021-2022
$68,568 in FY2022-2023
c. Transfer $175,017.26 from 317.9660.56510.11250 HOME Developer Projects

3. Authorize the City Manager to execute the attached preliminary award letter of $780,000 in HOME Investment Partnership funds for the Katella Terrace senior affordable housing project and all Department of Housing and Urban Development (HUD) documents related to this commitment.

7.1 Staff Report
Draft Preliminary Award Letter
Attachments:

7.2. Request for permit parking on a portion of Collins Avenue, and on sections of Palm Avenue and Park Lane. Resolution No. 11385.

1. Approve permit parking on the south side of Collins Avenue between Hart Street and 2842 E. Collins Avenue.

2. Approve permit parking on both sides of Palm Avenue between Wayfield Street and Park Lane; and both sides of Park Lane between Palm Avenue and Dana Place.

3. Adopt Resolution No. 11385. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11370 and adopting a revised master resolution of permit parking areas within the City of Orange.

Recommended Action:

7.2 Staff Report
Resolution No. 11385
Area Map for Permit Area "X"
February 9, 2022 CTC Staff Report
February 9, 2022 CTC Minutes
Notification Letter Area "X"
Map Area for Permit Area "W" Extension
Notification Letter Area "W" Extension
Attachments:

7.3. FY 23 Budget Preparation Update.

Receive and file.

Recommended Action:

8. REPORTS FROM CITY MANAGER

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9. LEGAL AFFAIRS

9.1. Introduction and First Reading of Ordinance No. 03-22 adopting a policy for the acquisition and use of military equipment by the Orange Police Department.

1. Introduce and conduct First Reading of Ordinance No. 03-22. An Ordinance of the City Council of the City of Orange Adopting a Policy for the Acquisition and Use of Military Equipment by the Orange Police Department.

2. Set the Second Reading and adoption for June 14, 2022.

Recommended Action:

9.1 Staff Report
Ordinance No. 03-22
Lexipol Military Equipment Policy
Attachments:

10. ADJOURNMENT
The next Regular City Council meeting will be held on Tuesday, June 14, 2022, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.

I, Pamela Coleman, CMC, City Clerk for the City of Orange, do hereby declare, under penalty of perjury, that a full and correct copy of this agenda was posted pursuant to Government Code Section 54950 et. seq., at the following locations: Orange Civic Center kiosk and Orange City Clerk's Office at 300 E. Chapman Avenue, Orange Main Public Library, 407 E. Chapman Avenue, Police facility at 1107 North Batavia Street, and uploaded to the City's website www.cityoforange.org.

Date posted: May 5, 2022

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14 Agenda Item
City Council
Item #: 3.1. 5/10/2022 File #: 22-0261
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Waive reading in full of all ordinances on the Agenda.

2. SUMMARY
This item asks the City Council to waive the reading in full of all ordinances on the agenda (if any) and approve their reading by title only.

State law requires that all ordinances be read in full either at the time of the introduction or at the time of passage, unless a motion waiving further reading is adopted by a majority of the City Council (Gov.

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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15 Agenda Item
City Council
Item #: 3.1. 5/10/2022 File #: 22-0261
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Waive reading in full of all ordinances on the Agenda.

2. SUMMARY
This item asks the City Council to waive the reading in full of all ordinances on the agenda (if any) and approve their reading by title only.

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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16 Agenda Item
City Council
Item #: 3.2. 5/10/2022 File #: 22-0260
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
Confirmation of warrant registers dated April 8, 14, 22, and 28, 2022.

2. SUMMARY
The warrant writings for the above listed dates are on file in the Office of the City Clerk for Council reference.

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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17 Agenda Item
City Council
Item #: 3.2. 5/10/2022 File #: 22-0260
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
Confirmation of warrant registers dated April 8, 14, 22, and 28, 2022.

2. SUMMARY
The warrant writings for the above listed dates are on file in the Office of the City Clerk for Council reference.

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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18 Agenda Item
City Council
Item #: 3.3. 5/10/2022 File #: 22-0258
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Approval of meeting minutes of the City Council of the City of Orange for the April 12, 2022, Regular Meeting; and April 26, 2022, Adjourned Regular Meeting.

2. SUMMARY
Submitted for your consideration and approval are the minutes of the above meeting(s).

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· April 12, 2022, Regular Meeting minutes
· April 26, 2022, Adjourned Regular Meeting minutes
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19 Agenda Item
City Council
Item #: 3.3. 5/10/2022 File #: 22-0258
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Approval of meeting minutes of the City Council of the City of Orange for the April 12, 2022, Regular Meeting; and April 26, 2022, Adjourned Regular Meeting.

2. SUMMARY
Submitted for your consideration and approval are the minutes of the above meeting(s).

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· April 12, 2022, Regular Meeting minutes
· April 26, 2022, Adjourned Regular Meeting minutes
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20 City of Orange
City Council
April 12, 2022

MINUTES - DRAFT
The City Council of the City of Orange, California convened on April 12, 2022, at 4:30 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California. 4:30 PM EMPLOYEE RECOGNITION

1. WELCOME
Mayor Murphy welcomed everyone.

2. EMPLOYEE SERVICE AWARDS
Recognition of employee service.

3. RECESS
The City Council recessed at 4:50 p.m. and reconvened in Closed Session. 5:00 PM CLOSED SESSION

1. CALL TO ORDER
Mayor Murphy called the Closed Session meeting to order at 5:00 p.m.

1.2 ROLL CALL

Present: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy

Absent: None

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None

3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:01 p.m. with all Members present to discuss the following:
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) Name of case: Mary's Kitchen, et al. v. City of Orange
United States District Court Case No. 8:21-cv-01483-JVS-KES

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b. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(b).

Title: Community Services Director
Item 3(c) was not discussed.
c. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2). (One potential case)

4. CLOSED SESSION REPORT
During Open Session, Mayor Murphy reported that the City Council confirmed City Manager Houston's appointment of Leslie Hardy as the new Community Services Director effective April 24, 2022.

5. ADJOURNMENT
Closed Session was adjourned at 5:36 p.m.
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Murphy called the meeting to order at 6:00 p.m.

1.1 INVOCATION
Given by Pastor Craig Hill from Taft Avenue Community Church.

1.2 PLEDGE OF ALLEGIANCE
Led by Mayor Mark A. Murphy.

1.3 ROLL CALL

Present: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy

Absent: None

1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation recognizing April as DMV/Donate Life California Month.

Orange Public Library Foundation Presentation to the Orange Public Library.

Mayor Murphy invited the community to attend a short ceremony on April 21, 2022, at the Hart Park Bandshell as United States Congressman Lou Correa presents the City with a check for $ 2 million for new outdoor pickleball courts and fitness equipment to be built at Hart Park.

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2. PUBLIC COMMENTS
Public Speakers
Tim Smith commended the CERT (Community Emergency Response Team) training program.

The following spoke in opposition of a proposed development on Santiago Creek :

Shirley Grindle, John Moore, and Bonnie Robinson
The following spoke in opposition of a proposed cemetery near Palmyra Avenue: Arnie Kimeldorf, Greg Baker, Alan Kinkaid, Sharon Galasso, Kevin Faris, and Caren Wolf.

The following spoke in support of a skate park at Grijalva Park: Isaac Yancey, Caleb Lauer, Jim Gray, Chuck Walstead, Chantelle Heroux, Marc Conner, David Gillanders, Levi Walstead, and Josh Borden.

Written Public Comments
Mark Moore emailed about the Sully Miller property.

Janice Brownfield emailed encouraging the City to pursue community choice energy.

After hearing the public speakers, Council requested an update on the Grijalva Master Plan.

3.1. Waive reading in full of all ordinances on the Agenda.

ACTION: Approved.

3.2. Confirmation of warrant registers dated March 3, 11, 17, 25, and 31, 2022.

ACTION: Approved.

3.3. Approval of meeting minutes of the City Council of the City of Orange for the March 8, 2022, Regular Meeting; and March 22, 2022, Adjourned Regular Meeting.

ACTION: Approved minutes as presented.

3.4. Receive and file Fiscal Year 2022-2023 Community Development Block Grant funding recommendations.

ACTION: Received and filed Fiscal Year 2022-2023 Community Development Block Grant funding recommendations.

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3.5. Agreement with Kimley -Horn and Associates, Inc. for Traffic Engineering Services for development of a Local Roadway Safety Plan.

ACTION: 1) Approved the agreement with Kimley -Horn and Associates, Inc. in the amount of $ 99,569.63 for Traffic Engineering Services for development of a Local Roadway Safety Plan; and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Authorized $ 9,956.96 (10%) of the contract amount for contingency purposes.

3.6. Agreement with the County of Orange for a Lead Forensic Specialist during Fiscal Years 2022-2025.

ACTION: Approved the agreement with the County of Orange in the amount of $198,614 for a Lead Forensic Specialist; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.7. Agreement with N. Harris Computer Corporation for the support and maintenance of current software used with the Utility Billing and Water Division ’s mobile work order system.

ACTION: Approved the five -year agreement with N. Harris Computer Corporation in the amount of $ 508,914 for Utility Billing Software maintenance; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.8. Agreement with Data Ticket, Inc. for continued parking permit and citation processing services.

ACTION: Approved the agreement with Data Ticket, Inc. for parking permit and citation processing services; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.9. First Amendment to the Agreement with Academy Electric, Inc. for an emergency vault pump replacement at Eisenhower Park.

ACTION: 1) Authorized the appropriation of $ 33,000 from the General Fund (100) unreserved fund balance to expenditure account 100.7022.51420.00000, General Fund - Maintenance Contracts; and 2) Approved First Amendment with Academy Electric, Inc. in an amount of $ 33,000 to replace the vault pumps at Eisenhower Park; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.10. Second Amendment to Agreement with Tetra Tech, Inc. for design services to include a Per- and polyfluoroalkyl substances (PFAS) treatment system at Well

28. ACTION: Approved the Second Amendment with Tetra Tech, Inc. in an amount not to exceed $ 230,000; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.11. Appropriation of $4,063.64 in revenue from Community Garden plot leases.

ACTION: 1) Accepted into the City ’s revenue budget $ 4,063.64 in community garden plot fees into revenue account 100.7001.44210.20227 General Fund - Garden Plots; and 2) Authorized the appropriation of $ 4,063.64 in the following expenditure account number 100.7001.51700.20227, General Fund - Garden Plots.

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3.12. Appropriation of $ 19,405.69 in State of California Office of Emergency Services funding received.

ACTION: 1) Accepted into the City ’s revenue budget $ 19,405.69 in strike team reimbursement funds from the California Office of Emergency Services (Cal-OES), into the revenue account number 100.3024.48212.40275 - Reimbursement from Cal EMA; and 2) Authorized the appropriation of $ 19,405.69 into the expenditure account 100.3024.50221.40275 - Overtime-Safety.

3.13. Appropriation of $ 60,000 in designated donation funding received from the Orange Public Library Foundation.

ACTION: 1) Accepted into the City ’s revenue budget a $ 60,000 donation from Orange Public Library Foundation, into revenue account number 100.2001.48390.19322, General Fund - Orange Public Library Foundation; and 2) Authorized the appropriation of $ 60,000 into expenditure account number 100.2004.55131.19322, General Fund - Orange Public Library Foundation.

3.14. Appropriation of $ 2,500 in designated grant funding received from California Library Association and California State Library.

ACTION: 1) Accepted into the City ’s revenue budget $ 2,500 in grant funds from California Library Association and California State Library into the following revenue account numbers in the General Fund:
$2,000 100.2001.45495.30121 - Lunch at the Library Grant $ 500 100.2001.45290.30120 - Día de los Niños/Libros Grant 2) Authorized the appropriation of $ 2,500 into the following expenditure account numbers in the General Fund:
$2,000 100.2016.53340.30121 - Lunch at the Library Grant $ 500 100.2017.53340.30120 - Día de los Niños/Libros Grant

3.15. Approval of plans and specifications for Annual Sewer Line Cleaning and CCTV Video Inspection, and authorization to advertise for bids.

ACTION: Approved plans and specifications and authorized advertising for bids for Annual Sewer Line Cleaning and CCTV Video Inspection; Bid No. 21-22.33.

3.16. Approval of plans and specifications for Katella Avenue Street Rehabilitation; and authorization to advertise Bid No. 21-22.34.

ACTION: Approved plans and specifications and authorized advertising for bids for Katella Avenue Street Rehabilitation.

3.17. Approval of plans and specifications for Annual Slurry Seal at Various Locations, Fiscal Year 2021-2022; and authorization to advertise Bid No. 21-22.35.

ACTION: Approved plans and specifications and authorized advertising for bids for Annual Slurry Seal at Various Locations, Fiscal Year 2021-2022; SP-4211.

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3.18. Claims for Damages.

ACTION: Denied the following claims and referred to City Attorney and Claims Adjuster:

1. Seymour Lathan

2. Joey Ramirez

3. Gary L. Bixel

4. Phillip Matthew Cortez

3.19. Final Acceptance of Bid No. 21-22.07, Community Development Block Grant (CDBG) Fiscal Year (FY) 2021-2022 Americans with Disabilities Act (ADA) Wheelchair Access Ramp Replacement at Various locations, FY 21-22; and authorization to file Notice of Completion.

ACTION: Accepted the CDBG FY 2021-2022 Americans with Disabilities Act (ADA) Wheelchair Access Ramp Replacement at Various locations project as complete, and authorized staff to file Notice of Completion with the County Recorder.

3.20. Final Acceptance of Bid No. 20-21.03, Installation of Radar Feedback Signs at Various Locations, Highway Safety Improvement Program L -5073(089); and authorization to file Notice of Completion.

ACTION: Accepted Installation of Radar Feedback Signs at Various Locations, Highway Safety Improvement Program L -5073(089), SP -4037, as complete; and authorized staff to file Notice of Completion with the County Recorder.

3.21. Award of Contract to RS Construction and Development, Inc. for Community Development Block Grant Americans with Disabilities Act, El Modena Branch Library Bathroom Remodel; Bid No. 21-22.26.

ACTION: 1) Authorized the appropriation transfer of $ 115,000 from expenditure account number 310.9645.57130.11070, Community Development Block Grant - Contingency Account to expenditure account number 310.9645.56020.30161, Community Development Block Grant - ADA El Modena Branch Library Bathroom Remodel; and 2) Approved the contract with RS Construction & Development, Inc. in the amount of $ 160,356, representing an original bid amount of $ 139,440, plus a 15% contingency of $ 20,916 for ADA El Modena Branch Library Bathroom Remodel; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.22. Award of Contract to R .J. Noble Company for Annual Pavement Maintenance at Various Locations, FY 2021-2022; Bid No. 21-22.28.

ACTION: Approved contract with R .J. Noble Company in the total amount of $3,005,618, representing an original amount of $ 2,732,380 plus a 10% contingency of $273,238, for Annual Pavement Maintenance at Various Locations, Fiscal Year 2021-2022; and authorized the Mayor and City Clerk to execute on behalf of the City.

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3.23. Award of Contract to Painting and Decor, Inc. for Painting and Carpet Replacement at Various Fire Stations; Bid No. 21.22.30.

ACTION: Approved contract with Painting and Decor, Inc. in the total amount of $88,895, representing an original amount of $ 77,300, plus a 15% contingency of $11,595, for Painting and Carpet Replacement at Various Fire Stations, and authorized the Mayor and City Clerk to execute on behalf of the City.

3.24. Award of Contract to Far Electric, Inc. dba Far Builders for the Automatic Door Upgrade at City Hall; Bid No. 21.22.31.

ACTION: Approved contract with Far Electric, Inc. dba Far Builders in the total amount of $ 137,000 for the Automatic Door Upgrade at City Hall project; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.25. Award of Contract to Big Ben, Inc. for Annual Sewer Replacement /Maintenance Fiscal Year 2021-2022; Bid No. 21-22.18.

ACTION: 1) Rejected the bid received from the apparent low bidder, TTS Engineering, Inc., a California Corporation, on the basis that the bid was not responsive; 2) Authorized the appropriation of $ 269,000 from the Water Fund unreserved fund balance to expenditure account number 600.8011.56411.20312, Well 29 Construction; and 3) Awarded the contract to Big Ben, Inc. in the amount of $ 3,384,645 representing an original bid amount of $ 3,076,950, plus a 10% contingency of $ 307,695, for Annual Sewer Replacement /Maintenance Fiscal Year 2021-2022; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.26. Award of Contract to RS Construction and Development, Inc. for Public Works and Community Development Front Counter Remodel Project; Bid No. 21-22.22.

ACTION: 1) Approved the contract with RS Construction and Development, Inc. of Ontario, California in the total amount of $ 270,490, representing an original bid amount of $ 245,900, plus a 10% contingency of $ 24,590, for Public Works and Community Development Front Counter Remodel; and authorized the Mayor and City Clerk to execute on behalf of the City; 2) Authorized purchase of workstations with Workspace Interiors by Office Depot through a Cooperative Agreement “OMNIA REG 4 Contract R191812” for an estimated cost of $ 60,000; and 3) Authorized the appropriation of $100,000 from the Major Building Improvements unreserved fund balance to expenditure account number 725.5028.56020.20408, Major Building Improvements - Public Works and Community Development Front Counter Remodel.

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

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

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3.28. 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.

ACTION: 1) Authorized JTB Supply Company as a sole source vendor; 2) Approved the purchase of seventeen Myers battery back -up systems from JTB Supply Company, a sole source vendor, for $ 108,805.95; and 3) Approved the purchase of twelve E -Lite wireless radios from Encom Wireless Data Solutions Inc. for $26,198.32.

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

ACTION: 1) Approved 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) Authorized the City Manager to sign the service order.

3.30. 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.

ACTION: Authorized 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.

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

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

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

ACTION: Approved an increase in the purchase order with Kustom Imprints for uniform services by $7,000.

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

ACTION: Approved purchase order for Early Literacy Stations from AWE Learning in the amount of $60,937.96.

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

Note: Councilmember Barrios abstained due to a potential conflict with employment.

ACTION: Authorized the granting of a utility easement on City property in favor of Southern California Edison and authorized the Mayor to execute easement deed from the City to Southern California Edison.

3.35. 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.

ACTION: 1) Approved the following:

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28 City Council Minutes - Draft April 12, 2022
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) Authorized the following to 310.9645.51770.30200 CDBG Projects - 517 W. Struck Transition:
a. Transfer of $230,000 from expenditure account 310.9645.55510.30147 Other Capital Outlay-CARES Grants SBA;
b. Transfer of $48,479.76 from expenditure account 310.9645.500002.30147 Regular Salaries - Misc CARES Act;
c. Appropriation of $468,405 from revenue account 310.0000.45120.30180 Federal HUD Grants-Homeless Outreach.
3) Authorized the following for the Beverly Street Rehabilitation Project:
a. Acceptance of $16,892 in additional Community Development Block Grant funds to revenue account 310.0000.45120.00000 Federal HUD Grants; b. Appropriation of $16,892 to expenditure account 310.9645.56582.30164 Rehabilitation/Development Grant-Beverly.
4) Authorized 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 Improvements-Library Restrooms Access;
c. Adjustment to add $14,540.63 to align with HUD ’s records of available past entitlement funds.
5) Authorized 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.

3.36. Letter of Support for Senate Bill 1418 Regional Public Safety Collaborative.

Note: Councilmember Barrios abstained due to a potential conflict with employment.

ACTION: Authorized the Mayor to sign the letter of support for Senate Bill 1418.

3.37. Designation of April 29, 2022, as Arbor Day. Resolution No. 11383.

ACTION: Adopted Resolution No. 11383. A Resolution of the City Council of the City of Orange designating April 29, 2022, as Arbor Day.

3.38. Annual review and approval of the Statement of Investment Policy for Fiscal Year 2022-23. Resolution No. 11384.

Entered into the record: amended Resolution No. 11384 correcting a clerical error on pages 1 and 12 of the attachment.

ACTION: Adopted amended Resolution No. 11384. A Resolution of the City Council of the City of Orange approving and adopting a Statement of Investment Policy for Fiscal Year 2022-23.

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3.39. Modifications to the City Traffic Commission meeting schedule. Resolution No . 11388.

ACTION: Adopted Resolution No. 11388. A resolution of the City Council of the City of Orange rescinding Resolution No. 9640 and setting the date and time of meetings of the Traffic Commission.

Approval of the Consent Calendar
Councilmember Barrios abstained on Items 3.34 and 3.36. Item 3.38 was approved with submitted amended Resolution No. 11384. All other items were approved as recommended.

A motion was made by Councilmember Dumitru, seconded by Mayor pro tem Nichols, to approve the Consent Calendar as recommended. The motion carried by the following vote:

Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:

NoneNoes:

NoneAbsent:

END OF CONSENT CALENDAR
* * * * * * * *

4. REPORTS FROM MAYOR MURPHY
None

5. REPORTS FROM COUNCILMEMBERS

5.1. Highlight Local Business (Gutierrez & Barrios)
Councilmember Gutierrez highlighted the following local business: Gasoline Alley .

Councilmember Barrios highlighted the following local business: Hello Optometry.

5.2. Historic Cypress Street Barrio (Monaco)
Councilmember Monaco commended staff for their work on the Historic Cypress Barrio interactive tour; the tour is available on the City's website.

5.3. Administrative Citation Program (Barrios)
Councilmember Barrios requested a report on an Administrative Citation Program be added to a future meeting agenda.

5.4. Library/Multi-generational Center at Grijalva Park (Nichols) Mayor pro tem Nichols informed the Council of the Library Foundation's interest in creating a multi -generational center with a kitchen and technological component. The Senior Board and Library Foundation are working together to fundraise, create a plan, and identify a site. Grijalva Park is a possibility based on location.

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6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS

6.1. Annual presentation of Local Appointments List of all City Boards, Commissions, and Committees.

Mayor Murphy recommended reappointing CDBG Program Committee Member Jonathan St. Clair for a two -year term expiring June 30, 2024, Library Board of Trustee Member Rebecca Martinez for a three -year term expiring June 30, 2025, and Planning Commissioners David Vazquez and Rick Martinez for four -year terms respectively expiring June 30, 2026; and appointing Katie Montgomery to the vacant position on the Library Board of Trustees for a three-year term expiring on June 30, 2025.

Council requested clarification on Library Board of Trustee Martinez's term as she was last reappointed in February 2021. City Clerk Coleman will provide a brief staff report on the May 10, 2022, Council meeting Consent Calendar to clarify the term of office dates.

A motion was made by Councilmember Monaco, seconded by Councilmember Dumitru, to: 1) Reaffirm the following eligible existing appointments: CDBG Program Committee Member Jonathan St. Clair for a two -year term expiring June 30, 2024, and Planning Commissioners David Vazquez and Rick Martinez for four -year terms respectively expiring June 30, 2026; 2) Confirm Mayor Murphy's recommendation to appoint Katie Montgomery to the vacant position on the Library Board of Trustees for a three-year term expiring on June 30, 2025; and 3) Accept the Local Appointments List and direct the City Clerk to post pursuant to the Maddy Act. The motion carried by the following vote:

Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:

NoneNoes:

NoneAbsent:

7. ADMINISTRATIVE REPORTS

7.1. Merging of the Investment Advisory Committee and Audit Committee. Resolution No. 11387 and Ordinance No. 02-22.

Written Public Comment
Jordan Prell submitted an eComment in support of adopting Resolution No. 11387 and Ordinance No. 02-22.

A motion was made by Councilmember Barrios, seconded by Mayor pro tem Nichols, to: 1) Adopt Resolution No. 11387 entitled: A Resolution of the City Council of the City of Orange Eliminating the Audit Committee and the Investment Advisory Committee, Establishing a New Investment and Audit Committee, Repealing Resolution Nos . 10166 and 11356, and Stating Qualifications for Appointment to All City Council Created Committees; and 2) Introduce and Conduct First Reading of Ordinance No . 02-22 entitled: An Ordinance of the City Council of the City of Orange Repealing Chapter 2.50 of the Orange Municipal Code to Eliminate the Investment Oversight Committee Due to the Creation of the Investment and Audit Committee.

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The motion carried by the following vote:

Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:

NoneNoes:

NoneAbsent:

7.2. Request for permit parking on a portion of Collins Avenue. Resolution No . 11385.

Although a Public Hearing is not required, staff requested a continuance to allow time to mail notifications to nearby properties.

A motion was made by Mayor Murphy, seconded by Mayor pro tem Nichols, to continue Item 7.2 to the May 10, 2022, Council meeting. The motion carried by the following vote:

Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:

NoneNoes:

NoneAbsent:

8. REPORTS FROM CITY MANAGER
None

9. LEGAL AFFAIRS
None

10. PUBLIC HEARINGS

10.1. Public Hearing to consider conduit bond financing for the Villa St. Joseph Apartments Project.

Mayor Murphy opened the Public Hearing at 7:44 p.m.; there being no speakers, Mayor Murphy closed the Public Hearing at 7:44 p.m.

A motion was made by Councilmember Monaco, seconded by Councilmember Gutierrez, to adopt Resolution No. 11382. The motion carried by the following vote:

Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:

NoneNoes:

NoneAbsent:

Resolution No. 11382. A Resolution of the City Council of the City of Orange approving the issuance of revenue bonds by the California Municipal Finance Authority in an aggregate principal amount not to exceed $ 20,000,000 to finance a multifamily rental housing facility for the benefit of Mercy Housing California 107, L .P., or an affiliate thereof, and certain other matters relating thereto.

10.2. Public Hearing to consider approval of a Disposition and Development Agreement with Katella Terrace, L .P. for the Katella Terrace senior affordable housing project. Resolution No. 11386.

Mayor Murphy opened the Public Hearing at 7:46 p.m.; there being no speakers, Mayor Murphy closed the Public Hearing at 7:47 p.m.

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Responding to Council inquiry, Senior Assistant to City Manager Aaron Schulze confirmed the number of housing units available in development.

A motion was made by Councilmember Monaco, seconded by Mayor pro tem Nichols, to adopt Resolution No. 11386. The motion carried by the following vote:

Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:

NoneNoes:

NoneAbsent:

Resolution No. 11386. A Resolution of the City Council of The City of Orange, (1) Approving the Disposition and Development Agreement by and between the City of Orange and Katella Terrace, L .P. and its attachments, establishing the terms and conditions for the Ground Lease of certain property located at 1249 E. Katella Avenue, Orange, California and the development of an affordable residential rental project for senior lower income households on said property; (2) Approving the Ground Lease of said property to a limited partnership entity for such project; and (3) Approving other related actions.

11. ADJOURNMENT
There being no further business, the meeting was adjourned at 7:48 p.m. to Tuesday, April 26, 2022, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.

The next Regular City Council meeting will be held on Tuesday, May 10, 2022, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
______________________ _________________________ PAMELA COLEMAN MARK A. MURPHY

CITY CLERK MAYOR

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33 City of Orange
City Council
April 26, 2022

MINUTES - DRAFT
The City Council of the City of Orange, California convened on April 26, 2022, at 5:00 p.m. in an Adjourned Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
5:00 PM CLOSED SESSION

1. ROLL CALL

Present: Nichols, Monaco, Barrios, Tavoularis, Gutierrez, and Murphy

Absent: Dumitru

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None

3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:02 p.m. with all Members present, except Councilmember Dumitru who joined Closed Session at 5:04 p.m., to discuss the following:
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) Name of case: Mary's Kitchen, et al. v. City of Orange
United States District Court Case No. 8:21-cv-01483-JVS-KES

4. CLOSED SESSION REPORT
None

5. ADJOURNMENT
Closed Session was adjourned at 5:50 p.m.
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Murphy called the meeting to order at 6:04 p.m.

1.1 PLEDGE OF ALLEGIANCE
Led by Mayor pro tem Kimberlee Nichols

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1.2 ROLL CALL

Present: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and Murphy

Absent: None
Councilmember Barrios left the meeting at 8:09 p.m.

2. PUBLIC COMMENTS
None

3. STUDY SESSION

3.1. Second Study Session for the Proposed Fiscal Year 2022-23 Budget.

City Manager Houston introduced the item, and Assistant City Manager /Administrative Services Director Will Kolbow provided an overview of the FY 22 General Fund projections; FY 23 General Fund Revenues including sales tax, TOT, and property tax trends; FY 23 General Fund Expenditures; status of reserves; and a 10-year General Fund forecast utilizing a PowerPoint presentation. In response to Council's questions, he explained the difference between the FY 22 and FY 23 projections presented at the March and April Study Sessions were due to ARPA funds and several refinements of projections.

During discussion, Council directed staff to be creative with hiring and retention incentives. Council would also like to see a breakdown of STR revenues.

During further discussion, it was Council consensus to schedule a goal setting and strategic planning session in the summer.

4. ADJOURNMENT
There being no further business, the meeting was adjourned at 8:48 p.m.

CITY CLERK MAYOR

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35 Agenda Item
City Council
Item #: 3.4. 5/10/2022 File #: 22-0254
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Reappointment of Library Board of Trustee member Rebecca Martinez to a third three-year term ending June 30, 2025.

2. SUMMARY
Rebecca Martinez’s second term on the Library Board of Trustees expires on June 30, 2022.

Pursuant to Orange Municipal Code Chapter 2.55.010, she is eligible to serve two additional three- year terms. If reappointed to a third term, the term would expire on June 30, 2025.

3. RECOMMENDED ACTION
Reappoint Library Board of Trustee member Rebecca Martinez for a three-year term ending June 30, 2025.

4. DISCUSSION AND BACKGROUND
At the April 12, 2022, City Council meeting, Council had a question surrounding Ms. Martinez’sterm of office. To clarify, Ms. Martinez was first appointed in 2016 for a three-year term ending June 30, 2019. No reappointments were made to Boards, Commissions, and Committees during 2019 and 2020. Thereafter, on February 9, 2021, she was reappointed for the remainder of the second term ending June 30, 2022 (serving July 1, 2019 through June 30, 2022). Therefore, if reappointed to her third three-year term, it would expire on June 30, 2025 (serving July 1, 2022 through June 30, 2025).

In order to maintain consecutive terms, and not exceed the maximum twelve years of service (pursuant to OMC Chapter 2.55.010), the terms for reappointed positions are determined retroactively.

5. ATTACHMENTS
· None
City of Orange Printed on 5/5/2022Page 1 of 1
powered by Legistar™
36 Agenda Item
City Council
Item #: 3.4. 5/10/2022 File #: 22-0254
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Reappointment of Library Board of Trustee member Rebecca Martinez to a third three-year term ending June 30, 2025.

2. SUMMARY
Rebecca Martinez’s second term on the Library Board of Trustees expires on June 30, 2022.

Pursuant to Orange Municipal Code Chapter 2.55.010, she is eligible to serve two additional three- year terms. If reappointed to a third term, the term would expire on June 30, 2025.

3. RECOMMENDED ACTION
Reappoint Library Board of Trustee member Rebecca Martinez for a three-year term ending June 30, 2025.

In order to maintain consecutive terms, and not exceed the maximum twelve years of service (pursuant to OMC Chapter 2.55.010), the terms for reappointed positions are determined retroactively.

5. ATTACHMENTS
· None
City of Orange Printed on 5/5/2022Page 1 of 1
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37 Agenda Item
City Council
Item #: 3.5. 5/10/2022 File #: 22-0148
TO: Honorable Mayor and Members of the City Council
THRU: Robert Houston, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Third Amendment to Agreement with West Coast Arborists, Inc. for tree maintenance services in parks, City facilities, assessment districts, medians, and rights of ways.

2. SUMMARY
The proposed amendment authorizes a one-year contract extension that includes an increase of

4.5% to adjust for increased cost for insurance and Consumer Price Index, in the amount not to exceed $398,589.13.

3. RECOMMENDED ACTION
Approve the Third Amendment with West Coast Arborists, Inc. for a period of one-year in an amount not to exceed $398,589.13 for tree maintenance services for parks, City facilities, assessment districts, medians and rights of ways; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for the amendment is $398,589.13 and will be funded through the following funds:

General Fund (100) $ 195,772.73
Measure M2 (263) 30,973.82
Santiago Hills Landscape Maintenance District (291) 121,063.83 Sycamore Crossing Landscape Maintenance District (293) 6,515.73 Del Rio Community Facilities District (294) 3,923.40
Old Towne Parking Facility (540) 2,249.82
Water (Fund 600) 38,089.80
Total: $398,589.13

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 2: Be a fiscally healthy community
City of Orange Printed on 5/5/2022Page 1 of 2
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38 Item #: 3.5. 5/10/2022 File #: 22-0148
a: Expend fiscal resources responsibly.

6. DISCUSSION AND BACKGROUND
The Community Services Department currently has a contract with West Coast Arborists, Inc. (WCA) for tree services in parks, City facilities, assessment districts, medians and rights of ways for an annual not to exceed amount of $381,425. The five-year contract followed a calendar year, with the original term expiring on December 31, 2020 and included two, one-year extensions. The City Council approved the First Amendment to the Contract with WCA in April 2018 to address unforeseen trimming needs. In November 2020, the City Council approved the Second Amendment to the Contract which aligned the dates of the contract with the Fiscal Year, allowing for better coordination of the contract with the budget process. The first extension was also enacted through the Second Amendment and will expire on June 30, 2022. Therefore, staff is recommending that the City Council approve a Third Amendment to the Contract to enact the second and final term extension.

With the Second Amendment, the City required that WCA carry higher insurance coverage in response to recent events wherein individuals were injured by fallen trees (per the recommendation from the California Insurance Pool Authority). As part of the City’snegotiations with WCA, the City allowed an increase in the total not-to-exceed contract amount to cover the increased insurance expense through the first and second extensions. Therefore, the second extension of the contract includes the increased insurance cost and an increase to adjust for Consumer Price Index (CPI), combined to equal a 4.5% increase. The proposed Third Amendment to the Contract has a not to exceed amount of $398,589.13.

WCA has been providing tree services to the City of Orange since 1993 and has been responsive to the City’s routine service needs as well as special requests and emergency needs. The Third Amendment to the Contract with WCA will exercise the final contract extension available. Funding for this amendment is dependent upon City Council approval of the Fiscal Year 2022-23 budget. The City will solicit for tree services again in 2023.

7. ATTACHMENTS
· Third Amendment to Tree Maintenance Services Agreement City of Orange Printed on 5/5/2022Page 2 of 2
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39 Agenda Item
City Council
Item #: 3.5. 5/10/2022 File #: 22-0148
TO: Honorable Mayor and Members of the City Council
THRU: Robert Houston, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Third Amendment to Agreement with West Coast Arborists, Inc. for tree maintenance services in parks, City facilities, assessment districts, medians, and rights of ways.

2. SUMMARY
The proposed amendment authorizes a one-year contract extension that includes an increase of

4.5% to adjust for increased cost for insurance and Consumer Price Index, in the amount not to exceed $398,589.13.

3. RECOMMENDED ACTION
Approve the Third Amendment with West Coast Arborists, Inc. for a period of one-year in an amount not to exceed $398,589.13 for tree maintenance services for parks, City facilities, assessment districts, medians and right of ways; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for the amendment is $398,589.13 and will be funded through the following funds:

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 2: Be a fiscally healthy community
City of Orange Printed on 5/5/2022Page 1 of 2
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40 Item #: 3.5. 5/10/2022 File #: 22-0148
a: Expend fiscal resources responsibly.

7. ATTACHMENTS
· Third Amendment to Tree Maintenance Services Agreement City of Orange Printed on 5/5/2022Page 2 of 2
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41 42
43 Agenda Item
City Council
Item #: 3.6. 5/10/2022 File #: 22-0171
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
Agreement with GovOS, Inc. for SeamlessDocs forms management services.

2. SUMMARY
The City utilizes forms management software for a variety of workflow initiation and processing purposes. The City first contracted with the GovOS forms management software service in June 2017. This agreement renews the on-going use of the software for a three-year term.

3. RECOMMENDED ACTION
Approve the agreement with GovOS, Inc. in the total amount of $61,154.38 for forms management services and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
Th total expenditure for this three-year agreement is $61,154.38 and will be funded through Information Technology (780). The first annual amount of $20,384.79 is applicable to Fiscal Year 2021-2022.

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

6. DISCUSSION AND BACKGROUND
SeamlessDocs forms management has been in use by the City for four years. It is a hosted solution.

This software has allowed many former paper forms to be automated and fully electronic. In addition, the forms management solution facilitates stages of workflow approval and accommodates electronic signatures. The forms workflow solution serves both internal City staff as well as the public. This latest update also provides an integration with the City’sdocument management platform allowing for select finalized forms to be archived into the City’s document management solution. Staff are satisfied with the service, has integrated the service into many processes, and recommend its continued use.

7. ATTACHMENTS
· Agreement with GovOS, Inc.

City of Orange Printed on 5/5/2022Page 1 of 1
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44 Agenda Item
City Council
Item #: 3.6. 5/10/2022 File #: 22-0171
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
Agreement with GovOS, Inc. for SeamlessDocs forms management services.

3. RECOMMENDED ACTION
Approve the agreement with GovOS, Inc. in the total amount of $61,154.38 for forms management services and authorize the Mayor and City Clerk to execute on behalf of the City.

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

6. DISCUSSION AND BACKGROUND
SeamlessDocs forms management has been in use by the City for four years. It is a hosted solution.

7. ATTACHMENTS
· Agreement with GovOS, Inc.

City of Orange Printed on 5/5/2022Page 1 of 1
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45 46
47 48
Gov Y :

I
Terms Use
GovOS Applicotion Studio
a
Lost Revised MoV li
These TOU ore incorporoted into ond o port of the controct between GovOS, lnc. (or one of its offiliotes Kotile Technologies, lnc. or Bizodo tnc. d/b/o seomlessDocs), (hereinofter "Govos," "we," "us," or "our'), ond you ("you," "your," ot "Customer") under which Govos provides you o subscription to occess the Govos Studio plotform (www.GovoS.com). This includes eoch opplicotion ond functionolity os provided for in your controct ond oll reloted content such os text, informotion, imoges, opplicotions, templotes softwore ond other informotion, services ond moteriols (collectively, "Studio" or the "Service") ond oll informotion mode ovoiloble to you or by you through the GovOS Studio plotform.

The "Customer" sholl meon the entity or person thot hos signed o controct with covos for use of the Service, ond o User sholl include o unique user of the Service whether o customer or not (os defined by unique URL, lP oddress or other unique identificotion).

Any new feotures thot ougment or enhonce the current Service, including the releose of new feotures ond resources, sholl be subject to this Agreement. You Welcome to GovOS, lnc. Terms of Use. Govos, lnc. is o Delowore corporotion hoving o business oddress ot 6300 cedor springs Drive, Dollos, Texos 75235 ("oovos").
49 ogree to use the Service ot your own risk, ond you understond GovOS connot be responsible for the content uplooded or posted by you os o Customer or ony User).
l. subscription to use the Services:

The Service is cloud-bosed. This meons we ore not going to provide you or ony User ony softwore thot is downlooded or o license to use softwore. Rother, your subscription to Studio meons we ore going to outhorize you to occess ond use Studio which remoins in the cloud. Subject to the terms of the controct between you ond us, including these TOU, GovOS gronts ond Customer occepts, o nonexclusive, nontronsferoble, revocoble subscription to the Services (the "subscription") os outlined in the controct between us ond you. The Subscription provided is only for the use of Customer. Customer sholl only ollow occess to employees of Customer who ore outhorized to use the plotform, ore outhorized to ond hove registered for on occount ond understond ond ogree to these TOU ("Authorized Users").

We spent o lot of time ond resources creoting Studio, so we wont to protect it.

This meons there ore things o Customer ond User connot do reloting to the Service. Specificolly, you os o Customer ore prohibited from ond ogree not to, ond will not ollow your Users, under ony circumstonces to (i) license, sublicense, sell, resell, tronster, ossign, distribute or otherwise commerciolly exploit or moke ovoiloble to ony third porty the Service or the content in ony woy; (ii) modity or moke derivotive works bosed upon the Service or the content; (iii) creote lnternet "links" to the Service or "frome" or "mirror,,ony content on ony other server or wireless or lnternet-bosed device; or (iv) reverse engineer or occess the Service in order to (o) OuilO o competitive product or service. (O) OuitO o product using similor ideos. feotures, functions or grophics of the Service, or (c) copy ony ideos, feotures, functions or grophics of the Service. Any ond oll rights not expressly gronted hereby to the Customer ore reserved by GovOS.

There ore some other things Customers, ond their Users connot do becouse we believe they ore wrong. The Service moy not be used in ony woy (i) tnot is illegol or promotes illegol octivities or in o monner thot might be libelous or defomotory or otherwise molicious or hormful to ony person or entity, or discriminotory bosed on roce, sex, religion, notionolity. disobility, sexuol orientotion, or oge or is otherwise indecent (li) to senO or store infringing, obscene, threotening, libelous, or otherwise unlowtul or tortuous moteriol, including moteriol hormful to children or violotive of third porty privocy rights; (iii) to senO or store moteriol contoining softwore viruses, worms. Trojon 50 horses or other hormtul computer code, files, scripts, ogents or progroms; or (iv) to interfere with or disrupt the integrity or performonce of the Service or the doto contoined therein.
lf you or ony of your Users violote these ToU, we reserve the right, in our sole discretion, to suspend or terminote your Subscription with or without odvonce notice. lf we leorn thot doto stored by the Customer ond/or User is in violotion of ony low. infringes third porty rights or violotes these ToU, we moy immediotely bor occess to such doto without prior notice to the User or customer. The Customer ond/or User sholl be promptly notified by GovOS ot ony such oction under this provision.

2. Creotino on Account to use the Services:

We moy withdrow such opprovol ot ony time in our sole discretion if o User violote these Terms of Use. Eoch User will need to hove their own distinct occount. lf o customer hos more thon one User, they will eoch need to register tor o distinct Account. Eoch User must keep their occount ond posswords confidentiol ond not outhorize ony third porty to occess or use the Service on their beholf, unless we provide on opproved mechonism for such use. You must contoct us right owoy if you suspect misuse of your occount or ony security breoch in the Service. The Customer is responsible for oll octivities thot toke ploce with your occount. We will not be lioble for ony loss or domoge orising from ony unouthorized use of your occount(s).

To obtoin occess to certoin Services, you moy be required to obtoin o Studio occount with GovoS (become o "Registered User'). Once o Customer hos signed o controct with us, we will creote your occount ond provide you o temporory usernome ond possword thot will be provided vio e-moil olong with o link to occess the Service. You will need to complete your occount registrotion by providing your nome ond e-moil oddress ond resetting your possword. Until you register ond ore opproved for o Studio occount, your occess to the Service will be limited to the oreos of the service, if ony, thot ore ovoiloble to the generol public. Eoch customer will hove ot leost one (t) odministrotor who will hove the obility to set up individuol user occounts up to the omount outhorized in the Customer's subscription. When registering with us you must, ond os the Customer be sure ony Authorized Users: (o) provide true, occurote, current ond complete informotion obout yourself os requested os port of estoblishing your occount (such informotion being the "Registrotion Doto") ond (b) mointoin ond promptly updote the Registrotion Doto to keep it true. occurote, current ond complete.
51 lf o third porty such os on employer, or school gove you your occount, thot porty hos rights to your occount ond moy: monoge your occount, reset your possword, or suspend or concel your occounU view your occount,s usoge ond protile doto, including how ond when your occount is used; ond reod or store content in your occount. lf you ore on individuol Registered User of the Service, ond hove provided o domoin for the primory emoil oddress ossocioted with your occount thot is owned by on orgonizotion ond wos ossigned to you os on employee. controctor or member of such orgonizotion, ond thot orgonizotion wishes to estoblishes o commerciol relotionship with us ond odd your occount to such relotionship, then, if you do not chonge the emoil oddress ossocioted with your occount, your occount moy become subject to the commerciol relotionship between us ond such orgonizotion ond controlled by such orgonizotion.

3. EqynDcd_s ndlhcscrYiegs:

Your continued use (subscription occess) of the Service is contingent upon timely moking oll poyments os provided for in the controct between you ond us. lI oll or port of ony poyment is more thon sixty (OO) Ooys lote GovOS reserves the right to suspend your service. We will provide you odvonce notice of suspension to ovoid unnecessory interruption in service. GovOS reserves the right to impose o reconnection fee in the event you ore suspended ond thereofter request occess to the Service. lf oll or port of ony poyment remoins post due more thon ninety (90) doys, we reserve the right to concel your subscription. We will provide you ot leost ten (lO) doys odvonce notice prior to concelling your subscription.

The price for the Service excludes oll toxes ond chorges (soles or otherwise), unless stoted in your controct tor service. You ore responsible for ony toxes ond for oll other chorges (for exomple, doto chorges ond currency exchonge settlements). Depending on the legol jurisdiction of the Customer we moy odd ond collect tox in oddition to poyment for the Service. lf you don't poy us ony omount due, we moy not only suspend or concel your subscription, but we moy olso use o third porty to collect post due omounts.

Unless prohibited by low in your jurisdiction, you ogree to poy for o reosonoble cost for collection ony post due omounts, including reosonoble ottorney's fees, which you ogree to be one-third of the outstonding omount owed, in oddition to other legol costs ossocioted with collection.

You ogree ond ocknowledge thot GovOS hos no obligotion to retoin Customer Doto ond thot such Customer Doto moy be irretrievobly deleted if your 52 occount is 30 doys or more delinquent. ln oddition to ony Fees, you moy still incur chorges incidentol to using the Service, for exomple, chorges for lnternet occess, doto rooming, ond other doto tronsmission chorges. You must be outhorized to use the poyment method thot you enter when you creote o billing occount.

30. Rights of Security Sconning: Govos understonds the importonce of doto security ond controls to moke sure doto is secure. However, unscheduled security sconning performed by customers, including ond not limited to scons, penetrotion tests, reports ond otherwise moy couse responsive countermeosures or otherwise disrupt the Service ond ore therefore prohibited. lf you wont to perform ony security sconning, you must contoct us ond provide the noture ond scope of such scons. We moy, ot our discretion, ogree to such sconning provided we con mutuolly ogree upon the scope, time, ond trequency of ony such sconning. Any security scon done without our permission will constitute o breoch of these ToU ond moy be treoted os o molicious ottempt. We look forword to working through ony security requests together.

4. service Level
GovOS will ot oll times reosonobly ottempt to ochieve the highest possible ovoilobility ond shortest possible occess time of the Service, but no worronties of ony kind, regording ony specific ovoilobility or time of occess ore gronted. customers ond their Users need to limit their submission rotes to ovoid service deloys or interruptions. This meons if you creote o webtorm with receipt (but without signoture) ond moke it ovoiloble to Users or the public, you need to determine or estimote the volume of responses you moy receive for the form. Your subscription outhorizes you to utilize up to tifty (50) submissions per minute without prior notice to us. lf you estimote your webform response moy result in 50-500 submissions per minute you ore required to provide us with ot leost three (3) hours of odvonce notice to ollow us to toke steps to ovoid deloys or service interruption. lf you onticipote over five hundred (500) suOmissions per minute, we will need ot leost three (3) doys odvonce notice to ollow us to toke steps ovoid deloys or service interruptions.
s. You r ResponsjEllllles
You ore responsible for oll octivity occurring under your Customer ond reloted User occount(s) ond sholl obide by oll opplicoble locol, stote, notionol ond foreign lows, treoties ond regulotions in connection with your use of the 53 Service. including those reloted to doto privocy, internotionol communicotions ond the tronsmission of technicol or personol doto. ln oddition, you sholl be responsible for obiding by ony ond oll internol policies. procedures ond regulotions, which ore required, by your employer ond/or the opplicoble odministrotors of your occount.

You sholl: (i) notity GovOS immediotely ot ony unouthorized use of ony possword or occount or ony other known or suspected breoch of security; (ii) report to GovOS immediotely ond use reosonoble efforts to stop immediotely ony copying or distribution of content thot is known or suspected by you or other users to violote this Agreement or the intellectuol property rights of third porties; ona (iii) not impersonote onother GovOS user or provide folse identity informotion to goin occess to or use the Service.

6. Customer Doto
Customer Doto is oll the Customer/User originoted content thot is entered into ond in some instonces stored in the Studio plotform. GovOS content is the content we enter into the Studio plotform. GovOS does not own ony doto, informotion or moteriol thot you or other Users submit to the Service in the course of using the Service ("Customer Doto"). you sholl hove sole responsibility for the occurocy, quolity. integrity, legolity, reliobility. opproprioteness, ond intellectuol property ownership or right to use ony ond oll Customer Doto thot you submit.

The Service is hosted either by GovOS or o subcontroctor of GovOS,s choice.

All doto stored os port of the Service is bocked up on o regulor bosis. lf o Customer experiences loss of Customer Doto, GovOS will use commerciolly reosonoble efforts to restore doto from the most recent working bockup; provided however, GovOS gives no worronties with respect to recovering or restoring ony lost Customer Doto. The Customer is responsible to, ond olwoys encouroged to moke its own bockups of oll Customer Doto stored on the Service ond odditionolly con sync their occount with o third-porty service to creote Customer Doto bock-ups in reol time. GovOS will not be responsible or lioble for the deletion, correction, destruction, domoge, loss or foilure to store qny Customer Doto.

7. lntellectuo! Prop_ertylights
GovOS olone (ond its licensors, where opplicoble) sholl own oll right, title ond interest, including oll reloted intellectuol property rights, in ond to the GovOS technology, the content ond the Service ond ony suggestions, ideos, 54 enhoncement requests, feedbock, recommendotions or other informotion provided by you or ony other porty reloting to the Service. This Agreement is not o sole ond does not convey to you ony rights of ownership in or reloted to the Service, Govos technology or its intellectuol property rights.

All copyrights ond/or other intellectuol property rights, title ond interests in o) softwore on which the Service is bosed ond mode ovoiloble to the Customer ond/or User, b) source codes or other softwore components of the Service, c) content of the website Govos.com ond the Service including text ond grophics, excluding doto stored by the customer ond/or user, d) trodemorks, nomes etc. ore the sole property of GovOS, ond/or third porties hoving gronted Govos license tor its use, ond the customer ond/or User sholl goin no rights to soid intellectuol property rights other thon the limited right of use os stipuloted in this Agreement.

The customer ond/or User retoin oll intellectuol property rights regording customer Doto entered into or stored by such Customer ond/or User on the Service. This meons we do not hove ony ownership rights to ony document you uplood into the Service. You olso own the form or templote thot results from the opplicotion of our softwore to your document. ln short, the document input ond output ore yours, the technology thot converts your document input into o form (document output) is ours.

8. Privocy
GovoS will not forword morketing moteriol trom third porties to its Users.

Govos moy forword product news relevont to User's use of the Service os Govos sees fit from time to time. Govos retoins the right to disclose the identity of ony Users in ony soles or tunding efforts or processes of Govos ond in cooperoting with low enforcement investigotions. However, olwoys with due considerotion to the interests of the User.

PHI ond other heolthcore informotion moy be subject to certoin regulotions including the Heolth lnsuronce Portobility ond Accountobility Act (uteaa).

Customer represents on its own beholt ond for its Users thot it is not o Covered Entity ond thot neither Customer nor its User will store Personol Heolthcore lnformotion os reguloted by the Heolth lnsuronce Portobility ond Accountobility Act ond its omendments (uteaA), without the prior consent, ond os opplicoble, the execution of o Business Associote Agreement by the porties.

9. Personot Heqlthcqre lnformotion (PHl)
55 IO. DISCLAIMER
THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND

COMPANY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF

ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL

WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE

MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE

AVAILAELE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR

WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH

RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NTNETy (90) DAys FROM THE DATE OF FtRSr uSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO

NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE

ABOVE LIMITATION MAY NOT APPLY TO YOU
ll. lndemnificotion
You ogree to indemnify ond hold Compony (ond its officers, employees, ond ogents) hormless, including costs ond ottorneys'fees, from ony cloim or demond mode by ony third porty due to or orising out of (o) your use of the Service, (O) your violotion of these TOU, or (c) your violotion of opplicoble lows or regulotions. GovOS reserves the right, ot your expense, to ossume the exclusive defense ond control of ony motter for which you ore required to indemnify us, ond you ogree to cooperote with our defense of these cloims.

You ogree not to settle ony motter without the prior written consent of Compony. Compony will use reosonoble etforts to notify you of ony such cloim, oction or proceeding upon becoming owore of it.

I2. TIMITATION OF TIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GovOS, ITS

AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE rON (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INTRINSIC VALUE, coVER

OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR

LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED,

UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF GovOS HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF GovOS AND ITS 56 AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING

TO THE SERVICES WILL BE LIMITED TO THE GREATER OF AN AMOUNT EQUAL THREE

MONTHS OF YOUR SERVICE FEE FOR THE SERVICE OR ONE-THOUSAND AND oo/too DoLLARS ($1,000.00). THE LtMtrATroNS AND ExcLUSToNS ALSo Apply tF

THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

13. Force Mojeure
GovoS is not responsible for situotions or conditions which foll under force mojeure, including but not limited to wor, riot, uprising, strike, lock-out, fire, flooding, nqturol disosters, pondemics, monetory restrictions, import/export emborgoes, interruption of electronic troffic, interruptions or breokdowns in energy or communicotion supplies, ottocks of computer viruses, ottocks by hockers ond force mojeure of subcontroctors.

To the extent GovOS stores or processes personol doto on beholf of Users, GovOS sholl disclose such personol doto only occording to instructions from such Users. GovOS hos implemented oppropriote technicol ond orgonizotionol meosures to protect personql doto ogoinst occidentol or unlowful destruction or occidentol loss, olterotion, unouthorized disclosure or occess. At the request of the User, GovOS sholl in reosonoble respect gront the User sufficient informotion in order for the User to ensure thot such technicol ond orgonizotionol meosures hove been token. GovOS is entitled to request poyment, ot GovOS's stondord rotes for such work.

15. Term ond Terminotion
The Agreement between you ond us sholl commence on the effective dote stoted within the controct ond will remoin in eftect for on initiol term os outlined in the Agreement (the "lnitiol Term"). Unless otherwise indicoted in your controct with us, upon the expirotion of the lnitiol Term, this Agreement will outomoticolly renew for successive renewol terms equol in durotion to the lnitiol Term unless terminoted os set forth herein. Unless otherwise provided for in the controct document between us, either porty moy terminote this Agreement effective only upon the expirotion of the then current term, by notifying the other porty in writing ot leost thirty (30) business doys prior to the expirotion of the then current term.

14. Personol Doto
57 Either Porty moy terminote this ogreement for o moteriol breoch of the Agreement if, ofter providing no less thon tourteen (t+) Ooys written notice outlining the breoch, the breoch remoins uncured.

Upon terminotion by GovOS. or ot your direction, you mcry, if you hove poid oll fees due under your Agreement, request occess to your Customer Content. which we will moke ovoiloble to you for downlood. you must moke such request with sixty (oo) Ooys foflowing terminotion. After sixty (60) doys from the end of your Agreement with us, covos will hove no obligotion to mointoin or retrieve ony Customer/User doto or content. Requests for Customer Content in different formots or medio moy be occommodoted upon poyment by you of on ogreed upon odditionol fee.

16. Notice
GovOS moy give notice by meons of o generol notice on the Service, electronic moil to your e-moil oddress on record in GovOS,s occount informotion, or by written communicotion sent by first closs moil or pre-poid post to your oddress on record in GovOS's occount informotion. Such notice sholl be deemed to hove been given upon the expirotion of 48 hours ofter moiling or posting (it sent by first closs moil or pre-poid post) or l2 hours ofter sending (if sent by emoil).

17. Modificotion to Terms
We reserve the right to revise these Terms from time to time. We will dote ond post the most current version of these Terms on the GovOS website ot https://govos.com/govos/studio/terms-of -use/. Any chonges will be effective upon posting the revised version of these Terms on the Service (or such loter effective dote os moy be indicoted ot the top of the revised Terms). lf in our sole discretion we deem o revision to these Terms to be moteriol, we will notity you vio the Service ond/or by emoil to the emoil oddress ossocioted with your occount. Notice of other chonges moy be provided vio www.Govos.com (the "Site") or reloted Govos blogs. Therefore. we encouroge you to check the dote of these Terms whenever you visit the Site to see if these Terms hove been updqted. Your continued occess or use of ony portion of the Service constitutes your occeptonce of such chonges. ln the event you believe o moteriol chonge to these TOU is moteriolly odverse to you, you moy request concellotion of your controct without penolty which GovOS will review. GovOS will determine it its sole discretion whether Customer moy concel its subscription without penolty.
!8. Assionment
58 This Agreement moy not be ossigned by you without the prior written opprovol of GovOS. GovOS moy ossign this Agreement without your consent to (i) o porent entity or subsidiory, (ii) on ocquirer of ossets, or (iii) o successor by merger. Any purported ossignment in violotion of this section sholl be void.

19. Confidentiolitv
As used herein, "Confidentiol lnformotion" meons oll informotion exposed or provided to o porty (o "Receiving Porty") by the other porty (o "Disclosing porty") (o) within the Govos.com Service, or (b) otherwise thot reosonobly should be understood to be confidentiol given the noture of the intormotion ond the circumstonces of disclosure, including but not limited to the GovOs.com website. However, Confidentiol lnformotion sholl not include ony informotion thot (i) is or becomes generolly known to the public without breoch of ony obligotion owed to o the Disclosing eorty; (ii) wos known to Receiving Porty prior to its disclosure by Disclosing Porty without breoch of ony obligotion owed to Disclosing Porty, os demonstroted by written records, (iii) is received from o third porty without breoch of ony obligotion owed to Disclosing Porty, or (iv) wos independently developed by o Receiving Porty without reference to the Confidentiol lnformotion, os demonstroted by written records. Except os set forth in the controct, these TOU, or otherwise permitted in writing by o Disclosing Porty, the Receiving Porty sholl not disclose or use ony Confidentiol lnformotion of Disclosing Porty for ony purpose outside the scope of this Agreement.

The Agreement between us ond you will be governed by the lows of the Stote of Texos, U.S.A. without reference to the principles of contlict of lows. Lowsuits brough under this ogreement moy be brought in ony court of competent jurisdiction in Customer's stote of residence or Texos. No joint venture, portnership, employment, or ogency relotionship exists between you ond GovOS os o result of this Agreement or use of the Service. The foilure of GovOS to enforce ony right or provision in this Agreement sholl not constitute o woiver of such right or provision unless ocknowledged ond ogreed to by GovOS in writing. This Agreement, together with ony opplicoble controcts, comprises the entire ogreement between you ond GovOS ond supersedes oll prior or contemporoneous negotiotions, discussions or ogreements, whether written or orol, between the porties regording the subject motter contoined herein.

20. Generol
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60 Agenda Item
City Council
Item #: 3.7. 5/10/2022 File #: 22-0190
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
First Amendment to the Agreement with Terry’sTesting, Inc. for required repair and replacement of failing backflow devices.

2. SUMMARY
The Community Services Department manages the annual testing and repair or replacement of approximately 200 backflow devices throughout the City. Backflow devices prevent harmful contaminants from entering the City’spotable water system. The City entered into an Agreement with Terry’sTesting, Inc. in October 2021 for these services. The repair cost for backflows that did not pass testing exceeds the allowable agreement amount. Therefore, staff is recommending that the City Council approve the First Amendment to the agreement with Terry’s Testing.

3. RECOMMENDED ACTION
Approve the First Amendment with Terry’sTesting, Inc. in an amount of $14,190 to make necessary repairs to multiple backflow devices throughout the City, and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for the First Amendment is $14,190 will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and Promote Quality of Life in Community a: Renovate, maintain, develop, and expand public use places and spaces

6. DISCUSSION AND BACKGROUND
The purpose of a backflow prevention device is to prevent harmful contaminants from entering the City’spotable water supply systems. The device allows water to flow in one direction and prevents water from flowing in the opposite direction. Maintaining backflow devices prevents the potential for water contamination and fines to the City. The Community Services Department manages the annual testing, repair, and replacement of approximately 200 backflow devices throughout the City including the devices at parks, City facilities, right-a-ways, and landscape assessment districts. All backflow prevention devices require annual testing to be completed by a licensed contractor.

Should a device fail during testing, it will require to be either repaired or replaced. The number and City of Orange Printed on 5/5/2022Page 1 of 2
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61 Item #: 3.7. 5/10/2022 File #: 22-0190
Should a device fail during testing, it will require to be either repaired or replaced. The number and costs of repairs and replacements needed are unknown until annual testing is complete. After the completion of the testing last fall, the contractor determined that several backflow devices required repair or replacement due to aging infrastructure.

The City Manager executed the current agreement with Terry’sTesting, Inc. (Terry’sTesting) for a one -year term from October 1, 2021 to September 30, 2022 which included one year of testing and repairs up to $30,000. Considering the required costs for testing and given the volume of repairs needed this year, combined with the overall increase in maintenance labor and materials costs, the total amount needed will exceed the contract authority of $30,000 for this service. Staff is recommending Council approve this First Amendment with Terry’sTesting in the amount of $14,190, bringing the total contract amount to $44,190.

The associated expense will be funded through the General Fund (100).

7. ATTACHMENTS
· First Amendment to Agreement with Terry’s Testing, Inc.

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62 Agenda Item
City Council
Item #: 3.7. 5/10/2022 File #: 22-0190
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
First Amendment to the Agreement with Terry’sTesting, Inc. for required repair and replacement of failing backflow devices.

4. FISCAL IMPACT
The total expenditure for the First Amendment is $14,190 will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and Promote Quality of Life in Community a: Renovate, maintain, develop, and expand public use places and spaces

Should a device fail during testing, it will require to be either repaired or replaced. The number and City of Orange Printed on 5/5/2022Page 1 of 2
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63 Item #: 3.7. 5/10/2022 File #: 22-0190
Should a device fail during testing, it will require to be either repaired or replaced. The number and costs of repairs and replacements needed are unknown until annual testing is complete. After the completion of the testing last fall, the contractor determined that several backflow devices required repair or replacement due to aging infrastructure.

The associated expense will be funded through the General Fund (100).

7. ATTACHMENTS
· First Amendment to Agreement with Terry’s Testing, Inc.

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64 FIRST AMENDMENT
TO

MAINTENANCE SERVICES AGREEMENT
[Maintenance Services for Backflow Devise Testing at Various Locations (RFB 20-21.06)]

THIS FIRST AMENDMENT TO MAINTENANCE SERVICES AGREEMENT (the “First Amendment”) is made and entered into as of ________________, 20 22, by and between the CITY OF ORANGE, a municipal corporation (“City”), and TERRY’S TESTING, INC., a California corporation (“Contractor”), with reference to the following:

A. City and Contractor entered into a Maintenance Services Agreement (Agreement No. 7276) dated October 21, 202 1, which is incorporated herein by this reference (the “Original Agreement”); and

B. City and Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement by revising the Scope of Work and increasing the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

Section 2. Cross-References. City and Contractor agree that all references in this First Amendment are deemed and construed to refer to the Original Agreement, as implemented by this First Amendment.

Section 3 Revised Scope of Services. The Scope of Services, Section 1, Exhibit A of the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference.

Section 3 Compensation. The total not -to-exceed compensation for the servi ces to be rendered as set forth in Section 2.a of the Original Agreement is increased by FOURTEEN THOUSAND ONE HUNDRED NINETY DOLLARS and 00/100 ($14,190.00) and Section 2.a is hereby amended in its entirety to read as follows:

“Contractor’s total compensation for all services performed under this Agreement, shall not exceed FORTY-FOUR THOUSAND ONE HUNDRED NINETY DOLLARS and 00/100 ($44,190.00) without prior written authorization of City.”

Section 4. Integration. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and 65 provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.

IN WITNESS of this First Amendment, the parties enter into this First Amendment on the year and day first above written.

“CONTRACTOR” “CITY”

TERRY’S TESTING, a California corporation CITY OF ORANGE, a municipal corporation

*By: By:

Printed Name: Mark A. Murphy, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney

*NOTE: If Contractor is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 66 EXHIBIT “A”

SUPPLEMENTAL SCOPE OF SERVICES

[Behind this page.]
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Agenda Item
City Council
Item #: 3.8. 5/10/2022 File #: 22-0227
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Agreement with California Forensic Phlebotomy, Inc. for evidence collection services through June 30, 2024.

2. SUMMARY
The proposed two-year agreement will provide the continuation of services for the collection of evidentiary blood samples in the annual amount of $80,000, for Fiscal Years 2022-2023 and 2023- 2024.

3. RECOMMENDED ACTION
Approve the two-year agreement with California Forensic Phlebotomy, Inc. in the annual amount of $80,000 for evidence collection services, and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total annual expenditure for this agreement is $80,000 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

6. DISCUSSION AND BACKGROUND
Unlawful offenses involving alcohol and drugs, pursuant to the guidelines established under the California Vehicle Code, may require the collection of evidence samples. When required, evidentiary samples must be collected by a certified phlebotomy technician, licensed physician, nurse or other individual authorized by Vehicle Code Section 23158. Once collected, samples are taken to the Orange County Crime Lab (OCCL) for processing. Proper operating procedures have been established for the withdrawal, handling, and preservation of evidentiary samples and are detailed in the Orange Police Department Policy Manual, Policy No. 505.

Since 1989, the Orange Police Department has been contracting with California Forensic Phlebotomy, Inc. (CFP) for the collection of evidence of criminal offenses involving alcohol and drugs.

CFP collects samples, transports evidence to OCCL, and provides court testimony for the Police Department. In addition, CFP operates 24 hours a day, seven days a week, retains highly skilled City of Orange Printed on 5/5/2022Page 1 of 2
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75 Item #: 3.8. 5/10/2022 File #: 22-0227
Department. In addition, CFP operates 24 hours a day, seven days a week, retains highly skilled medical professionals, and maintains a proper chain of possession. CFP provides the same services to Orange County law enforcement agencies including the Sheriff’s Department and California Highway Patrol.

For Fiscal Years 2022-2023 (FY23) and 2023-2024 (FY24), the service cost per sample increased from $112.42 to $121.30 and $129.79, respectively. The increase is based on the Consumer Price Index model and is equivalent to a 7.9% increase for FY23 and forecasted 7% increase for FY24.

The term of this agreement spans two fiscal years, commencing July 1, 2022, and terminating June 30, 2024. The agreement includes an amount of $80,000 per year, for a total contract amount of $160,000. Funding for the initial year is included in FY23 budget, with year two funding dependent on FY24 budget approval.

Based on their high level of service, the Police Department is requesting the continuation of evidence collection services with CFP for $80,000 per year, a total contract amount of $160,000.

7. ATTACHMENTS
· Professional Services Agreement with CFP
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76 Agenda Item
City Council
Item #: 3.8. 5/10/2022 File #: 22-0227
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Agreement with California Forensic Phlebotomy, Inc. for evidence collection services through June 30, 2024.

4. FISCAL IMPACT
The total annual expenditure for this agreement is $80,000 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

Since 1989, the Orange Police Department has been contracting with California Forensic Phlebotomy, Inc. (CFP) for the collection of evidence of criminal offenses involving alcohol and drugs.

CFP collects samples, transports evidence to OCCL, and provides court testimony for the Police Department. In addition, CFP operates 24 hours a day, seven days a week, retains highly skilled City of Orange Printed on 5/5/2022Page 1 of 2
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77 Item #: 3.8. 5/10/2022 File #: 22-0227
Department. In addition, CFP operates 24 hours a day, seven days a week, retains highly skilled medical professionals, and maintains a proper chain of possession. CFP provides the same services to Orange County law enforcement agencies including the Sheriff’s Department and California Highway Patrol.

Based on their high level of service, the Police Department is requesting the continuation of evidence collection services with CFP for $80,000 per year, a total contract amount of $160,000.

7. ATTACHMENTS
· Professional Services Agreement with CFP
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78 PROFESSIONAL SERVICES AGREEMENT
[Phlebotomy Services]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on thi s _____ day of ____________, 20 22 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and CALIFORNIA FORENSIC PHLEBOTOMY, INCORPORATED, a California corporation (“Contractor”), who agree as follows:

1. Services.

a. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A ,” which is attached hereto and incorporated herein by reference. Contractor shall perform to the reasonable satisfaction of the City, the following services: take and analyze blood samples, conduct and analyze breath tests, transport urine samples, appear in court or elsewhere at the request of City to discuss or testify regarding the taking of samples, tests made, transportation of samples and results thereof. As a material inducement to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The services which are the subject of this Agreement are not in the usual course of City’s business and City relies on Contractor’s representation that it is independently engaged in the bus iness of providing such services and is experienced in performing the work. Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity providing such services to a municipal agency. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.

b. All tests shall be conducted in accordance with the direction and procedures prescribed by the Orange County Sheriff’s Department, Forensic Science Services Division.

c. Consultant shall not perform services for other public entities or individuals under circumstances in which a possibility exists that Consultant shall be required to provide testimony as to conduct, analysis, and result of such test in opposition to the same or simi lar tests conducted by it on behalf of City.

d. Consultant agrees to provide employee or employees who shall remain available on an on-call basis at all times, and agrees that such employees shall conduct such tests called for under this Agreement and respond to any Orange County location as City may request.

Services hereunder shall be performed only by employees of Consultant approved as acceptable to City and City may refuse to permit tests to be performed or conducted by an employee of Consultant considered by City its sole discretion to be unacceptable; provided that it is understood by the parties that clerical and other nonprofessional work may be performed by other employees of Consultant.
79 2

2. Compensation and Fees; Term.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed EIGHTY THOUSAND DOLLARS and 00/100 ($80,000.00) per year, for a total compensation amount of ONE HUNDRED SIXTY THOUSAND DOLLARS and 00/100 ($160,000.00) without the prior written authorization of City.

b. Consultant’s fee, as specified in Exhibit “A,” shall be per test/sample or dry run for the following:

(1) Blood tests – the taking of blood sample and its transportation to the Orange County Sheriff Crime Laboratory;
(2) Breath tests – the conducting of a breath test;
(3) Urine samples – the transportation of a urine sample to the Orange County Sheriff Crime Laboratory;
(4) For all of the above – any discussion and testimony in court as set forth in Section 1.a is included in the fee.

c. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.

d. The term of this Agreement shall commence on July 1, 2022, and terminate on June 30, 2024.

3. Payment.

a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra wor k actually performed or incurred.

b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.

c. City will pay Contractor the amount invoiced within thirty (30) days after the approval of the invoice.

d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. Payment schedules shall not apply to the payment of invoices which are reasonably in dispute.

4. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by City as an amendment to this Agreement. All amendments shall set forth the changes of work, extension of 80 3
time, and/or adjustment of the compensation to be paid by City to Contractor and shall be signed by the City’s Project Manager, City Manager or City Council, as applicable.

5. Licenses. Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the work contemplated by this Agreement and that Contractor and its subcontra ctors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Agreement.

6. Independent Contractor . At all times during the term of this Agreement, Contractor shall be an independ ent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.

Contractor acknowledges that it and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

7. Contractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.

8. Designated Persons. Only those qualifie d persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement.

It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.

9. Assignment or Subcontracting. No assignment or subcontracting by Contractor of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has the prior written approv al of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or his/her designee.

10. Time of Completion . Except as otherwise specified in Exhibit “A,” Contractor shall commence the work provided for in this Agreement immediately upon the Effective Date of this Agreement and diligently prosecute completion of the work in accordance with the time period set forth in Exhibit “A” hereto or as otherwise agreed to by and between the representatives of the parties.
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11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work.

12. Reserved.

13. Reserved.

14. Products of Contractor. The documents, studies, evaluations, asses sments, reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products produced or provided by Contractor for this Agreement shall become the property of City upon receipt. Contractor shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilize such products without restriction.

15. Equal Employment Opportunity . During the performance of this Agreement, Contractor agrees as follows:

a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a consultant to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code.

17. Indemnity.

a. To the fullest extent permitted by law , Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents 82 5
and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:

(1) Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and

(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.

b. To the fullest extent permitted by law, and as limited by California Civil Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liabili ty arising out of any claim, loss, injury to or death of persons or damage to property to the extent caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.

c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement.

d. The indemniti es set forth in this secti on shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.

18. Insurance.

a. Contractor shall carry workers ’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any worker s’ compensation benefits under a ny City program.

b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability 83 6
insurance: the greater of (1) One Million Dollars ( $1,000,000) per occurrence; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.

c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($ 1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis.

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

e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.

f. Contractor shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a minimum limit of One Million Dollars ($1,000,000) per claim. Contractor agrees to keep such policy in force and effect for at least five (5) years from the date of completion of thi s Agreement.

g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy.

Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.

h. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.

i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of 84 7
professional liability insurance coverage, such coverage shall be issued by co mpanies either licensed or admitted to conduct business in California so long as such insurer pos sesses the aforementioned Best rating.

j Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City.

In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom, by way of set -off from any sums owed Contractor.

k. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.

Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under s uch insurance.

l. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall b e subject to all of the requirements stated herein.

19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than five (5) days’ written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.

Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

20. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement.

City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.

21. Compliance with all Laws/Immigration Laws.

a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.

85 8
b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified prevailing ra tes of wages to all such workers . The general prevailing wage determinations for c rafts can be located on the w ebsite of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.

c. Contractor represents and warrants that it:

(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and

(2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and

(3) Has properly maintained, and shall at all times during t he term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I -9 for each of Contractor’s employees; and

(4) Has responded, and shall at all times duri ng the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I -9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.

d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c.

e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.

f. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.e.

86 9
g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City.

h. Contractor agrees to indemnify and hold City, its officers, officials, agents and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.

22. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.

23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing an d signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agree ment shall not be compensated.

24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally , by e -mail, or by first class U.S. mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e- mail shall be deemed received on the date of the e-mail transmission.

“CONTRACTOR” “CITY”

California Forensic Phlebotomy, Inc. City of Orange
5753 E. Santa Ana Canyon Road, Suite G-553 300 E. Chapman Avenue Anaheim Hills, CA 92807 Orange, CA 92866-1591
Attn.: Robert J. Vega Attn.: Lt. Scott Jorgensen

Telephone: (714) 783-8519 Telephone: (714) 744-7406 E-Mail: [email protected] E-Mail: [email protected]

25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed a n original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.

[Signatures on next page]

87 10
IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.

“CONTRACTOR” “CITY”

CALIFORNIA FORENSIC PHLEBOTOMY, CITY OF ORANGE, a municipal corporation INCORPORATED, a California corporation

*By: By:

Printed Name: Mark A. Murphy, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney

*NOTE: City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to City.
88 EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
89 90
Agenda Item
City Council
Item #: 3.9. 5/10/2022 File #: 22-0233
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Fourth Amendment to the Agreement with Lyons Security Services, Inc. for additional security services.

2. SUMMARY
This amendment provides one year of 24 hours per day, 7 days per week for security services for the 517 W. Struck Transition Plan. The total cost of this amendment is $253,352.06.

3. RECOMMENDED ACTION

1. Approve the amendment with Lyons Security Services, Inc. in the amount of $253,352.06 for security services, and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $157,871.58 from the General Fund unreserved fund balance to expenditure account number 100.0000.51670.30200, General Fund - 517 W. Struck Transition

4. FISCAL IMPACT
The total expenditure for the amendment is $253,352.06 and will be funded in 517 W. Struck Transition (30200) through:

General Fund (100) $157,871.58
Community Development Block Grant (310) 95,480.48
$253,352.06

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

6. DISCUSSION AND BACKGROUND
Over the past few years, the City has employed Lyons Security Services Inc. (Lyons), a private security firm, to patrol City parks during non-operating hours. This strategy has proven very effective in increasing park safety by reducing illegal activity such as drug use and vandalism, as well as ensuring compliance with park closure hours. A security presence acts as a deterrent to these illicit City of Orange Printed on 5/5/2022Page 1 of 2
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91 Item #: 3.9. 5/10/2022 File #: 22-0233
ensuring compliance with park closure hours. A security presence acts as a deterrent to these illicit behaviors, and, in most cases, Lyons is successful in gaining public compliance with City ordinances.

Lyons works closely with the Orange Police Department (OPD) in cases where further enforcement is required.

The City Council approved the current four-year Agreement with Lyons in May of 2020 to provide security patrols for our parks during park closure hours. In May of 2021, the City Manager executed the first amendment to the Agreement, adding the Old Towne West Metrolink Parking Structure to the service area and dedicating hours for patrol of the parking structure. In February 2022, the City Council approved the second amendment to the Agreement, allowing for increased park patrol services at El Camino Real Park during daytime hours.

In March 2022, the City Manager executed the third amendment to the Agreement, in support of the City’splan to provide onsite services for its unhoused community, a population that has been affected by COVID-19, as Mary’sKitchen vacates the property located at 517 W. Struck Avenue. Services include providing 24 hours/day of security for the rented shower, laundry, and restroom facilities, beginning the week of April 25, 2022. Starting May 2, 2022, unhoused individuals seeking assistance will have access to these facilities onsite, Monday-Saturday from 9am-3pm. During the hours of operation, security will encourage individuals to follow proper protocol, thus helping to reduce the spread of COVID-19. The third amendment also added $18,000 in compensation for this service for the first three- and one-half weeks of the transition plan.

The City is committed to providing security services during this transition period for no less than a year, unless otherwise directed by the Court, which includes providing 24 hour security. Based on the approved rates in the original contract, the associated cost for these additional service hours is $253,352.06. Therefore, staff is recommending that the City Council approve the proposed fourth amendment adding $253,352.06 to the contract compensation to provide security for the remainder of the transition plan, bringing the total not-to-exceed to $763,352.06.

At its April 12, 2022 meeting, the City Council appropriated $746,884.76 in Community Development Block Grant funding (310) for the 517 W. Struck Avenue Transition Plan. This funding will be used to cover $95,480.48 for security during operational hours. The remaining $157,871.58 for security for nonoperational hours will be covered through an appropriation from the General Fund unreserved fund balance. Should additional funding be required for this or any other transition plan services, staff would return to the City Council with an additional appropriation request.

7. ATTACHMENTS
· Fourth Amendment to Agreement with Lyons Security
City of Orange Printed on 5/5/2022Page 2 of 2
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92 Agenda Item
City Council
Item #: 3.9. 5/10/2022 File #: 22-0233
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Fourth Amendment to the Agreement with Lyons Security Services Inc., for additional security services.

2. SUMMARY
This amendment provides one year of 24 hours per day, 7 days per week for security services for the 517 W. Struck Transition Plan. The total cost of this amendment is $253,352.06.

3. RECOMMENDED ACTION

1. Approve the amendment with Lyons Security Services Inc. the amount of $253,352.06 for security services, and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $157,871.58 from the General Fund unreserved fund balance to expenditure account number 100.0000.51670.30200, General Fund - 517 W. Struck Transition

4. FISCAL IMPACT
The total expenditure for the amendment is $253,352.06 and will be funded in 517 W. Struck Transition (30200) through:

General Fund (100) $157,871.58
Community Development Block Grant (310) 95,480.48
$253,352.06

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

6. DISCUSSION AND BACKGROUND
Over the past few years, the City has employed Lyons Security Services Inc. (Lyons), a private security firm, to patrol City parks during non-operating hours. This strategy has proven very effective in increasing park safety by reducing illegal activity such as drug use and vandalism, as well as ensuring compliance with park closure hours. A security presence acts as a deterrent to these illicit City of Orange Printed on 5/5/2022Page 1 of 2
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93 Item #: 3.9. 5/10/2022 File #: 22-0233
ensuring compliance with park closure hours. A security presence acts as a deterrent to these illicit behaviors, and, in most cases, Lyons is successful in gaining public compliance with City ordinances.

Lyons works closely with the Orange Police Department (OPD) in cases where further enforcement is required.

7. ATTACHMENTS
· Fourth Amendment to Agreement with Lyons Security
City of Orange Printed on 5/5/2022Page 2 of 2
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94 FOURTH AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT
[City Park Security Services]

THIS FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the “Fourth Amendment”) is made and entered into as of ____________ ______, 2022, by and between the CITY OF ORANGE, a municipal corporation (“City”), and LYONS SECURITY SERVICE, INC., a California corporation (“Contractor”), with reference to the following:

A. City and Contractor entered into a Professional Services Agreement (Agreement No. 6355.A) dated May 12, 2020 , which is incorporated herein by this reference (the “Original Agreement”); and

B. City and Contractor amended the Original Agreement to revise scope of services and increase compensation by a First Amendment to Professional Services Agreement (Agreement No. 6355.A.1) dated May 21, 2021 , which is incorporated herein by this reference (the “First Amendment”); and

C. City and Contractor amended the Original Agreement to increase the compensation by a Second Amendment to Professional Services Agreement (Agreement No. 6355.A.2) dated February 22, 2022, which is incorporated herein by this reference (the “Second Amendment”); and

D. City and Contractor amended the Original Agreement to increase the compensation by a Third Amendment to Professional Services Agreement (Agreement No. 6355.A.3) dated March 31, 2022, which is incorporated herein by this reference (the “Third Amendment”); and

E. City and Contractor desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement to increase the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

Section 2. Cross-References. City and Contractor agree that all references in this Fourth Amendment are deemed and construed to refer to the Original Agreement, as implemented by this Fourth Amendment.

Section 3. Compensation. The total not -to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by TWO HUNDRED FIFTY-THREE THOUSAND THREE HUNDRED FIFTY -TWO DOLLARS and 06/100 ($253,352.06) and Section 2.a is hereby amended in its entirety to read as follows:

95 “Contractor's total compensation for all services performed under this Agreement, shall not exceed SEVEN HUNDRED SIXTY-THREE THOUSAND THREE HUNDRED FIFTY-TWO DOLLARS and 06/100 ($ 763,352.06) without the prior written authorization of City.”

Section 4. Integration. This Fourth Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Fourth Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Fourth Amendment shall control and govern the rights and obligations of the parties.

[Remainder of page intentionally left blank; signatures on next page]

96 IN WITNESS of this Fourth Amendment, the parties enter into this Fourth Amendment on the year and day first above written.

“CONTRACTOR” “CITY”

LYONS SECURITY SERVICE, INC., CITY OF ORANGE, a municipal corporation a California corporation

*By: By:

Printed Name: Mark A. Murphy, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:
_____________________________________
Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney

*NOTE: If CONTRACTOR is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 97 Agenda Item
City Council
Item #: 3.10. 5/10/2022 File #: 22-0237
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Agreement with Prado Family Shooting Range for range services through June 30, 2024.

2. SUMMARY
The proposed two-year agreement will provide the continuation of range services for firearms training and qualifications in the amount of $17,000 annually, for Fiscal Years 2022-2023 and 2023-2024.

3. RECOMMENDED ACTION
Approve the two-year agreement with Prado Family Shooting Range in the amount of $17,000 annually for range services, and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total annual expenditure for this agreement is $17,000 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

6. DISCUSSION AND BACKGROUND
The Police Department previously used the indoor range at the Orange County Sheriff’sDepartment (OCSD) located on Katella Avenue for firearms training and qualifications. This facility is currently being renovated and has temporarily halted range services to the public and law enforcement agencies. To continue range services during the closure, the OCSD contracted with Evan’sGun World (Evan’s) to temporarily use their facility to facilitate firearms training for law enforcement personnel.

Evan’sis a smaller facility with regulated tactical range hours that are limited to weekdays, Tuesday through Friday, by appointment only. These limitations have created scheduling conflicts amongst officers who work unconventional schedules which has resulted in an increased use of the Prado Family Shooting Range (Prado), located in Chino, California.

The department has historically contracted with Prado for use/rental of the shooting range for the Special Weapons and Tactics team. However, since the closure of the OCSD facility, range services City of Orange Printed on 5/5/2022Page 1 of 2
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98 Item #: 3.10. 5/10/2022 File #: 22-0237
at Prado have more than doubled and now require an extended agreement and Council approval.

The range facility cost for a full day of training, four to eight hours, is $400 per day. A half day of training, one to four hours, is $300 per day. Range facility costs will remain the same throughout the life of the contract.

The term of this agreement spans two fiscal years, commencing July 1, 2022, and terminating June 30, 2024. The agreement includes an amount of $17,000 per year, for a total contract amount of $34,000. Funding for the initial year is included in FY23 budget, with year two funding dependent on FY24 budget approval.

Based on their high level of service, the Police Department is requesting the continuation of range services with Prado for $17,000 per year, a total contract amount of $34,000.

7. ATTACHMENTS
· Professional Services Agreement with Prado
City of Orange Printed on 5/5/2022Page 2 of 2
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99 Agenda Item
City Council
Item #: 3.10. 5/10/2022 File #: 22-0237
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Agreement with Prado Family Shooting Range for range services through June 30, 2024.

4. FISCAL IMPACT
The total annual expenditure for this agreement is $17,000 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

The department has historically contracted with Prado for use/rental of the shooting range for the Special Weapons and Tactics team. However, since the closure of the OCSD facility, range services City of Orange Printed on 5/5/2022Page 1 of 2
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100
Item #: 3.10. 5/10/2022 File #: 22-0237
at Prado have more than doubled and now require an extended agreement and Council approval.

Based on their high level of service, the Police Department is requesting the continuation of range services with Prado for $17,000 per year, a total contract amount of $34,000.

7. ATTACHMENTS
· Professional Services Agreement with Prado
City of Orange Printed on 5/5/2022Page 2 of 2
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101

PROFESSIONAL SERVICES AGREEMENT
[Range Services]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on thi s _____ day of ____________, 20 22 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and PRADO FAMILY SHOOTING RANGE, a California corporation (“Contractor”), who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. As a material inducement to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The services which are the subject o f this Agreement are not in the usual course of City’s business and City relies on Contractor’s representation that it is independently engaged in the busi ness of providing such services and is experienced in performing the work.

Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity provid ing such services to a municipal agency. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.

Fernando Maldonado, Sergeant (“City’s Project Manager”), shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of City’s Project Manager (or his/her designee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager.

2. Compensation and Fees; Term.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed SEVENTEEN THOUSAND DOLLARS and 00/100 ($17,000.00) per year, for a total compensation amount of THIRTY-FOUR THOUSAND DOLLARS and 00/100 ($34,000.00) without the prior written authorization of City.

b. The above compensation shall include all costs, in cluding, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.

c. The term of this Agreement shall commence on July 1, 2022, and terminate on June 30, 2024.

3. Payment.

a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed.
102
2 b. All such invoices shall state the basis for the amount invoiced, including services completed and the number of hours invoiced.

c. City will pay Contractor the amount invoiced within thirty (30) days after the approval of the invoice.

d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

4. Reserved.

5. Licenses. Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the work contemplated by this Agreement and that Contractor and its subcontractors shall maintain all appropriate licenses during the performance of this Agreement.

6. Independent Contractor . At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Contractor shall be solely responsible for all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.

8. Designated Persons. Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement.

It is understood by the parties that clerical and other nonprofessio nal work may be performed by persons other than those designated.

9. Reserved.

10. Reserved.

11. Reserved.

12. Reserved.

13. Reserved.

14. Reserved.

103
3 15. Equal Employment Opportunity . During the performance of this Agreement, Contractor agrees as follows:

b. Contractor shall, in all solicitations and advertiseme nts for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

17. Indemnity.

a. In addition to those indemnification provisions applicable to City contained in Exhibit “A,” to the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:

(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or 104
4 corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.

b. Reserved.

c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights o f any kind to any person or entity which is not a signatory to this Agreement.

d. The indemniti es set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.

18. Insurance. In addition to those insurance provisions applicable to City contained in Exhibit “A,”:

b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ( $1,000,000) per occurrence ; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.

c. Reserved.

e. Reserved.

f. Reserved.

g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy. 105
5 Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.

i. All insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of i nsurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in California so long as such insurer possesses the aforementioned Best rating.

j Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City.

In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all d amages resulting therefrom, by way of set -off from any sums owed Contractor.

k. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery .

l. Reserved.

19. Termination. Either party may for any reason terminate this Agreement by giving the other party not less than five (5) days’ written notice of intent to terminate. Upon receipt of such notice, the party receiving notice shall immediately cease work, unless the notice provides otherwise. Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its 106
6 offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.

21. Compliance with all Laws/Immigration Laws.

a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.

b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified prevailing ra tes of wages to all such workers . The general prevailing wage determinations for c rafts can be located on the web site of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.

c. Contractor represents and warrants that it:

(2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and

(3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I -9 for each of Contractor’s employees; and

(4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I -9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.

d. Reserved.

e. Reserved.

f. Reserved.

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7 g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City.

h. Each party agrees to indemnify and hold the other party , its officers, officials, agents and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures it may sustain by reason of the breaching party’s failure to comply with said laws, rules and regulations in connection with the perform ance of this Agreement.

23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agree ment shall not be compensated.

“CONTRACTOR” “CITY”

Prado Family Shooting Range City of Orange
17501 Pomona Rincon Rd 300 E. Chapman Avenue
Chino, CA 91708 Orange, CA 92866-1591
Attn.: Chad Carlson Attn.: Sgt. Fernando Maldonado

Telephone: (909) 597-4794 Telephone: (714) 744-7524 E-Mail: [email protected] E-Mail: [email protected]

25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall cons titute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.

[Signatures on next page]

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8 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.

“CONTRACTOR” “CITY”

PRADO FAMILY SHOOTING RANGE, CITY OF ORANGE, a municipal corporation a California corporation

*By: By:

Printed Name: Mark A Murphy, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney

EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]

1. Prado Range Rental/Service Agreement, including insurance requirements

2. Range Rules

3. General Liability Release
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I have included with this signed agreement the signed/dated ☐RANGE RULES ☐ INSURANCE CERT/ENDORSEMENTS ☐ WAIVER RENTAL/SERVICE AGREEMENT Date: 7/1/22-6/30/23 7/1/23-6/30/24 CONTRACTOR: TRAINING GROUP: Prado Family Shooting Range Orange Police Department 17501 Pomona Rincon Road 1107 N. Batavia Ave Chino CA 91708 Orange CA 92867 Commencement of the services described in this agreement shall constitute acceptance by the TRAINING GROUP to the terms and conditions set forth below. 1. Description of Services: Rental/Use of facility only for firearms training, under the guidance and responsibility of your department. 2. Range Coordinator: Raul Casanova at 909-597-4518 3. Hours of Operations: Range training dates are Monday thru Friday from 8 am to 5 pm. All dates/times will need to be coordinated and scheduled with Raul. 4. Range Facility Cost: $300 for Half Day Training (1-4 hour day); $400 for Full Day Training (4-8 hour day) 5. Insurance: The TRAINING GROUP will supply certificate of insurance as well as naming Prado Family Shooting Range as additional insured, the Additional Insured Endorsement must be attached to the Insurance certificate. OR a letter of Self Insurance will be accepted with a mutual indemnification/Hold Harmless. All Insurance documents must be on file prior to scheduling your training. 6. Invoicing: Invoicing is emailed and done once a week, Due 30 days after approval. We accept check, Visa, MasterCard and American Express payments. All billing inquiries can be directed to me at [email protected] ACCOUNT PAYABLE CONTACT_________________________________________________________ EMAIL_____________________________________________________________________________ 7. The TRAINING GROUP will be responsible for following and enforcing all of the attached Prado Range Rules. 8. The TRAINING GROUP is not allowed to store any of their property at the range after training has ended. Prado will not be responsible for items left behind. 9. All trainees must sign in on the “sign in sheet” and that completed document is to be turned into range office upon completion of that days training. CONTRACTOR: Prado Family Shooting Range TRAINING GROUP: Orange Police Department Patty Carlson __________________________________ Printed name Printed name [email protected] __________________________________ Email or Telephone Email or Telephone ___________________________________ ___________________________________ Signature Signature ___________________________________ ____________________________________ Date Date 111

I HAVE READ AND UNDERSTAND PRADO RANGE RULES_____________________________________________DATE:________________________ PRADO FAMILY SHOOTING RANGE 17501 POMONA RINCON ROAD, CHINO CA 91708 (909) 597-4794 ******************************TRAINING GROUP RANGE RULES**************************** 1. HEARING and EYE protection is required at all times for all shooters & spectators and must be put on prior to entering the range. Both are available for sale in the range office. 2. Proper shooting attire is required to be worn, NO low cut tops, tank tops or cropped tops, NO open toe shoes or heels. This is for YOUR safety as well as other around you as hot brass is ejected from the firearm and may cause minor burns. 3. Treat all firearms as if they are loaded, and only load the firearms when you are at the firing line. 4. Keep the muzzle of the firearm pointed DOWN RANGE at all times; Long guns (rifles & shotguns) will be carried to and from the firing line with the muzzle pointed down to the ground. 5. Keep your finger off the trigger and out of the trigger guard until the muzzle is pointed at your target and you are ready to fire. 6. Firearm may only be discharged while at the firing line, Fire only at your target, do not raise the muzzle of your firearm above the top of your paper target. 7. No explosive or incendiary ammo allowed. All firearms and ammo are subject to inspection and approved by Range Officers. 8. Use only the correct and safe ammo for your firearm. You are responsible for your firearm being safe to operate. Please ask Range Officer if you are unsure. 9. Jammed firearms must NOT be taken off the firing line, keep firearm pointed downrange and contact Range Officer for help. 10. Everyone is responsible for the safety of everyone. If you see an unsafe condition, correct the matter by calling a “CEASE FIRE”. Upon hearing a “CEASE FIRE” called, you will IMMEDIATELY STOP SHOOTING, Unload your firearm, remove the magazine, open the action, lay firearm down and step back. Do not move back into the lane for any reason until you hear the Range Officer call all clear. 11. NO pets or pregnant woman (for the safety of the baby) allowed on the range at any time. 12. Report ALL injuries to the Range Officer as soon as possible, no matter how minor 13. Range Officer will remove anyone believed to be under the influence of drugs or alcohol or acting unsafe. 14. No more then 1 shooters allowed on a lane without Range Officer approval 15. Clean up after yourself; push all casings forward to the firing line. Spent brass is the property of Prado Family Shooting Range. 16. Do NOT go in front of the firing line at any time for any reason 17. In accordance with CA’s Prop 63, customers must consume purchased ammo the same day it is being purchased. Leaving with unconsumed purchased ammo can cause you to be in violation of Prop 63. 18. Instructions or direction from the Range Officer are final and supersede all the above items. DEPARTMENT NAME:____________________________________________________________________________________________ 112

Prado Family Shooting Range 17501 Pomona Rincon Rd Chino CA 91708 909-597-4794 PH 909-597-6938 FX [email protected] or [email protected] GENERAL LIABILITY RELEASE FORM Orange Police Department, intending to be legally bound hereby, the AGENCY NAME Undersigned agrees and does hereby release from liability and to indemnify and hold harmless Prado Family Shooting Range, its owners and employees, in regards to officer/agent training completed at the Prado Facility located at 17501 Pomona Rincon Road in Chino CA 91708. This release is for any and all liability for personal injury (including death), property losses or damage occasioned by, or in connection with their departments training done at Prado Family Shooting Range. The undersigned further agrees that the department will abide by all the range rules and regulations set by Prado Family Shooting Range. DATE: -For Orange Police Department Signature of Entity Granting the Release: Printed Name: ________________________________________________________________________________________________Title:
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Agenda Item
City Council
Item #: 3.11. 5/10/2022 File #: 22-0266
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Agreement with Bureau Veritas North America, Inc. for plan review services for Fiscal Year 2022- 2023.

2. SUMMARY
The Fire Department is requesting City Council approval for the renewed Professional Services Agreement between the City of Orange and Bureau Veritas North America, Inc. for Fiscal Year 2022- 2023 for Fire Department plan review services. Plan review fees paid by the builder offset the costs for plan review services.

3. RECOMMENDED ACTION
Approve the agreement with Bureau Veritas North America, Inc. in an amount of $50,000 for plan review services, and authorize the Mayor and the City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $50,000 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide outstanding public service
b. Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
The Fire Department performs approximately 90% of plan check in-house. This has greatly reduced the amount of contracts for outside plan review services. Bureau Veritas North America, Inc. (Buena Veritas) is one of two plan review service providers for the Fire Department (Code Consulting Group, LLC is the other). Bureau Veritas is a global leader in testing, inspection and certification to ensure compliance with all applicable building codes within the City. This consultant is used to validate complete sets of construction design documents which require high levels of technical expertise to review. Their plan review staff includes structural engineers, electrical engineers, fire marshals, and architects. Plan review service providers are selected based on expertise, type of plan review requested, service level and plan review processing time.

Contractor's total compensation for all services performed under this Agreement shall not exceed $50,000.00. Contractor shall be responsible for notifying the City’sProject Manager if it appears that the amount will be surpassed in the fiscal year and understands that no work can be compensated City of Orange Printed on 5/5/2022Page 1 of 2
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the amount will be surpassed in the fiscal year and understands that no work can be compensated unless approved in writing by the City.

Bureau Veritas has served the City since 2008 with a staff member who is uniquely qualified with experience of the City’shistory, building, and ordinances providing expertise for a portion of the Fire Department's Plan Review needs. Plan review fees paid by builders offset the cost of plan review services.

7. ATTACHMENTS
· Professional Services Agreement with Bureau Veritas North America, Inc.

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Agenda Item
City Council
Item #: 3.11. 5/10/2022 File #: 22-0266
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Agreement with Bureau Veritas North America, Inc. for plan review services for Fiscal Year 2022- 2023.

4. FISCAL IMPACT
The total expenditure for this agreement is $50,000 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide outstanding public service
b. Provide facilities and services to meet customer expectations.

Contractor's total compensation for all services performed under this Agreement shall not exceed $50,000.00. Contractor shall be responsible for notifying the City’sProject Manager if it appears that the amount will be surpassed in the fiscal year and understands that no work can be compensated City of Orange Printed on 5/5/2022Page 1 of 2
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the amount will be surpassed in the fiscal year and understands that no work can be compensated unless approved in writing by the City.

7. ATTACHMENTS
· Professional Services Agreement with Bureau Veritas North America, Inc.

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Agenda Item
City Council
Item #: 3.12. 5/10/2022 File #: 22-0267
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Agreement with Code Consulting Group, LLC for plan review services for Fiscal Year 2022-2023.

2. SUMMARY
The Fire Department is requesting City Council approval for the renewed Professional Services Agreement between the City of Orange and Code Consulting Group, LLC for Fiscal Year 2022-2023 for Fire Department plan review services. Plan review fees paid by the builder offset the costs for plan review services.

3. RECOMMENDED ACTION
Approve the agreement with Code Consulting Group, LLC, in an amount of $40,000 for plan review services, and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $40,000 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide outstanding public service
b. Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
The Fire Department does approximately 90% of plan check in-house. This has greatly reduced the amount of contracts for outside plan review services. Code Consulting Group, LLC (Code Consulting) is one of two plan review service providers for the Fire Department. (Bureau Veritas North America is the other). This consultant is used to validate complete sets of construction design documents, which require high levels of technical expertise to review. Their plan review staff includes structural engineers, electrical engineers, fire marshals and architects. Plan review service providers are selected based on expertise, type of plan review requested, service level and plan review processing time.

Code Consulting's total compensation for all services performed under this Agreement shall not exceed $40,000.00. They shall be responsible for notifying the City’sProject Manager if it appears that the amount will be surpassed in the fiscal year and understands that no work can be compensated unless approved in writing by the City.

Code Consulting has served the City since 2008 with a full complement of staff providing services City of Orange Printed on 5/5/2022Page 1 of 2
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Item #: 3.12. 5/10/2022 File #: 22-0267
Code Consulting has served the City since 2008 with a full complement of staff providing services and expertise for a portion of the Fire Department's Plan Review needs. Plan review fees paid by builders offset the cost of plan review services.

7. ATTACHMENTS
· Professional Services Agreement with Code Consulting Group, LLC City of Orange Printed on 5/5/2022Page 2 of 2
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Agenda Item
City Council
Item #: 3.12. 5/10/2022 File #: 22-0267
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Agreement with Code Consulting Group, LLC for plan review services for Fiscal Year 2022-2023.

3. RECOMMENDED ACTION
Approve the agreement with Code Consulting Group, LLC, in an amount of $40,000 for plan review services, and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $40,000 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide outstanding public service
b. Provide facilities and services to meet customer expectations.

Code Consulting has served the City since 2008 with a full complement of staff providing services City of Orange Printed on 5/5/2022Page 1 of 2
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Item #: 3.12. 5/10/2022 File #: 22-0267
Code Consulting has served the City since 2008 with a full complement of staff providing services and expertise for a portion of the Fire Department's Plan Review needs. Plan review fees paid by builders offset the cost of plan review services.

7. ATTACHMENTS
· Professional Services Agreement with Code Consulting Group, LLC City of Orange Printed on 5/5/2022Page 2 of 2
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Agenda Item
City Council
Item #: 3.13. 5/10/2022 File #: 22-0268
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Agreement with The Jungle Nursery, Inc. for weed abatement services for Fiscal Year 2022-2023.

2. SUMMARY
The Fire Department is requesting City Council approval for the renewed Professional Services Agreement between the City of Orange and The Jungle Nursery, Inc. for Fiscal Year 2022-2023 for Fire Department weed abatement services on City and private lots. The majority of these services are used for City owned lots.

3. RECOMMENDED ACTION
Approve agreement with The Jungle Nursery, Inc., in an amount of $96,250 for weed abatement services; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $96,250 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
The Fire Department is responsible for having dead vegetation cleared from certain designated City owned lots. There are over twenty City owned lots that a private landscape company clears twice a year. Most of these lots are alongside roadways, in parks, creek beds, and open areas located in the wildland urban interface areas of the City. In addition, the Fire Department is responsible for ensuring private property owners clear their own lots. If private property owners fail to clear their lots after multiple notices, the Fire Department will arrange for a private vendor to perform the service. Should this occur, it is the property owner’s responsibility to reimburse the City.

The Jungle Nursery, Inc. has provided this service since 2013, receiving the highest RFP score based on customer service (ability to assign a lead worker to the project), previous experience, and competitive cost. The Fire Department has been extremely satisfied with their services and is requesting to renew the Weed Abatement Services Agreement with this vendor for Fiscal Year 2022- 2023. The one year cost for the Agreement is $96,250, of which approximately $90,000 is dedicated for weed abatement efforts on City property. The average annual amount spent for weed abatement City of Orange Printed on 5/5/2022Page 1 of 2
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for weed abatement efforts on City property. The average annual amount spent for weed abatement services in the past 5 years has been $70,000. This amount will vary from year to year depending on the amount of precipitation and vegetation growth within the City owned parcels.

7. ATTACHMENTS
· Professional Services Agreement between the City of Orange and The Jungle Nursery, Inc. for Fiscal Year 2022-2023.
· Weed Abatement Contract Renewal Pricing from The Jungle Nursery, Inc. · Weed Abatement City Parcel Maps
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Agenda Item
City Council
Item #: 3.13. 5/10/2022 File #: 22-0268
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Agreement with The Jungle Nursery, Inc. for weed abatement services for Fiscal Year 2022-2023.

3. RECOMMENDED ACTION
Approve agreement with The Jungle Nursery, Inc., in an amount of $96,250 for weed abatement services; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $96,250 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.

The Jungle Nursery, Inc. has provided this service since 2013, receiving the highest RFP score based on customer service (ability to assign a lead worker to the project), previous experience, and competitive cost. The Fire Department has been extremely satisfied with their services and is requesting to renew the Weed Abatement Services Agreement with this vendor for Fiscal Year 2022- 2023. The one year cost for the Agreement is $96,250, of which approximately $90,000 is dedicated for weed abatement efforts on City property. The average annual amount spent for weed abatement City of Orange Printed on 5/5/2022Page 1 of 2
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for weed abatement efforts on City property. The average annual amount spent for weed abatement services in the past 5 years has been $70,000. This amount will vary from year to year depending on the amount of precipitation and vegetation growth within the City owned parcels.

PROFESSIONAL SERVICES AGREEMENT
[Weed Abatement Services]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on thi s _____ day of ____________, 20 22 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and THE JUNGLE NURSERY, INC., a California corporation (“Contractor”), who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. As a material inducem ent to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity provided such services to a municipal agency. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.

The Fire Department Administrative Captain (“City’s Project Manager”), shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of City’s Project Manager (or his/her designee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager.

2. Compensation and Fees.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed NINETY-SIX THOUSAND TWO HUNDRED FIFTY DOLLARS and 00/100 ($96,250.00) without the prior written authorization of City. Contractor shall be responsible for notifying th e City’s Project Manager if it appears that the not -to-exceed amount will be surpassed in the fiscal year and understands that no work can be compensated in excess of the not-to-exceed amount unless approved in writing by the City.

b. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.

3. Payment.

a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.
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2 b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.

c. City will pay Contractor the amount invoiced within thirty (30) days after the approval of the invoice.

d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

5. Licenses. Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the work contemplated by this Agreement and that Contractor and its subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Agreement.

6. Independent Contractor . At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to th e payment of its subcontractors, agents and employees, including compliance with social security withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.

Contractor acknowledges that it and any subco ntractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

8. Designated Persons. Only those qualified perso ns authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement.

It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.
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3 9. Assignment or Subcontracting. No assignment or subcontracting by Contractor of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or his/her designee.

10. Term. The term of this Agreement shall be for one year, commencing on July 1, 2022, and ending on June 30, 2023.

11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work.

12. Reserved.

13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed a mount stated in Section 2.a, above, absent a written amendment to this Agreement.

14. Reserved.

15. Equal Employment Opportunity . During the performance of this Agreement, Contractor agrees as follows:

a. Contractor shall not discriminate against an y employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed, and that employees are tre ated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or phys ical disability, or any other basis prohibited by applicable law.

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4 c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

17. Indemnity.

a. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:

(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Inde mnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.

b. To the fullest extent permitted by law, Contractor agrees to indemnify and hold Indemnitees entirely harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.

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5 d. The indemniti es set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.

18. Insurance.

a. Contractor shall carry workers’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any worker s’ compensation benefits under any City program.

f. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy.

Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.

g. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endo rsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which 156
6 shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.

h. All insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issue d by companies either licensed or admitted to conduct business in California so long as such insurer possesses the aforementioned Best rating.

i. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City.

In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom, by way of set -off from any sums owed Contractor.

j. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.

k. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requir ements stated herein.

20. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, pap ers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement.

City and its authorized representatives shall have access to and the right to audit and repr oduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.

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7 21. Compliance with all Laws/Immigration Laws.

a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.

b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified prevailing ra tes of wages to all such workers . The general prevailing wage determinations for c rafts can be locate d on the web site of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.

c. Contractor represents and warrants that Contractor:

(2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and

(3) Has properly maintained, and shall at all times during the term of this Agreement proper ly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I -9 for each of Contractor’s employees; and

(4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I -9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.

d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.b.

g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City.

23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agree ment shall not be compensated.

“CONTRACTOR” “CITY”

The Jungle Nursery, Inc. City of Orange
5710 W. Manchester Ave., #207 300 E. Chapman Avenue
Los Angeles, CA 90045 Orange, CA 92866-1591
Attn.: Carlos Saez Attn.: Administrative Staff Captain

Telephone: 213-820-1165 Telephone: 714-288-2506
E-Mail: [email protected] E-Mail: [email protected]

25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.

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9 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.

“CONTRACTOR” “CITY”

THE JUNGLE NURSERY, INC., CITY OF ORANGE, a municipal corporation a California corporation

*By: By:

Printed Name: Mark A. Murphy, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney

EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
161
PO BOX 45422
Los Angeles CA 90045
Phone: (213) 820-1165 Fax: (310) 388-5783

_______
Landscape • Earth Services • Tree Care • Nursery

SCOPE OF SERVICES

CITY OF ORANGE

WEED AND BRUSH ABATEMENT
2022-2023

The services provided by The Jungle Nursery, Inc. under contract for the City of Orange are as follows:

1. To clear weeds and brush (and other natural fuels, e.g., dead trees or limbs) as directed by the City of Orange Fire Department to reduce flammable fuels and to create “defensible space” in the event of fire.

2. To provide weed suppression through the application of “pre-emergent” herbicides as directed and where appropriate by the City of Orange Fire Department.
162
City of Orange Brush Control
2022-23
No. Parcel APN Clear Spray* Total
1 085-531 $185 As Needed $185
2 093-031-02 $269 As Needed $269
3 360-391-09 $202 As Needed $202
4 372-701-22 $99 As Needed $99
5 378-162-01 $150 As Needed $150
6 379-331-18 $269 As Needed $269
7 383-071-06 $274 As Needed $274
8 383-071-26 $64 As Needed $64
9 383-071-40 $92 As Needed $92
10 383-161-17 $140 As Needed $140
11 383-181-12,28 $1,016 As Needed $1,016
12 390-021-03 $1,980 As Needed $1,980
13 390-351-03,04,05 $1,864 As Needed $1,864
14 390-591-08 $1,152 As Needed $1,152
15 ARR-5 $1,259 As Needed $1,259
16 370-270-01 $17,089 As Needed $17,089
17 370-152-01 $592 As Needed $592
18 370-171-01 $479 As Needed $479
19 370-181-01 $932 As Needed $932
20 370-194-01 $3,473 As Needed $3,473
21 Horse Trail* $3,938 No Spray $3,938
22 390-453-07 $1,223 As Needed $1,223
1/2 YEAR TOTAL $36,741 $36,741
FULL YEAR TOTAL $73,482 $26,250 $99,732
(Total =Clearing + Spray) (Reserve Only)
* Bulk Budget Reserve
**No Spray/Clear Only
Contract Renewal
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Agenda Item
City Council
Item #: 3.14. 5/10/2022 File #: 22-0069
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Appropriation of $194,618 in SB 1383 Local Assistance Grant Program Fiscal Year 2021-22 and approval of agreement with Tripepi Smith & Associates, Inc.

2. SUMMARY
The California Department of Resources Recycling and Recovery has released SB 1383 Local Assistance Grant program Fiscal Year 2021-22 to assist communities with implementing the regulations of SB 1383 Short-Lived Climate Pollutants. The City has been awarded $194,618. The City intends to use this funding to help supplement and enhance the educational outreach for its residents, businesses, and visitors.

3. RECOMMENDED ACTION

1. Accept into the City’srevenue budget $194,618 in grant funds from the California Department of Resources Recycling and Recovery, into revenue account number 100.5001.48486.30201, General Fund - SB 1383 Local Assistance Grant Program Fiscal Year 2021-22.

2. Authorize the appropriation of $194,618 to expenditure account number 100.5001.51670.30201, General Fund - SB 1383 Local Assistance Grant Program FY22.

3. Approve agreement with Tripepi Smith & Associates, Inc. in the amount of $90,000 for professional services; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total appropriations for this grant are funded by the additional revenue received from the California Department of Resources Recycling and Recovery.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
e: Develop and implement effective community outreach services and programs to promote public safety.

Goal 2: Be a fiscally healthy community
b: Analyze future fiscal needs and potential revenue opportunities.

6. DISCUSSION AND BACKGROUND
On February 1, 2022, the City applied for California Department of Resources Recycling and City of Orange Printed on 5/5/2022Page 1 of 2
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Item #: 3.14. 5/10/2022 File #: 22-0069
On February 1, 2022, the City applied for California Department of Resources Recycling and Recovery (CalRecycle) SB 1383 Local Assistance Grant Program for Fiscal Year 2021-2022. This grant program provides the City and other California jurisdictions an opportunity to receive funding to assist with implementing the regulations and requirements of SB 1383 Short Lived Climate Pollutants. CalRecycle awarded the City $194,618.

The City intends to use this funding to help enhance and supplement the existing outreach to its residents, businesses, and visitors. Tripepi Smith & Associates, Inc. will work with City staff to provide a fresh update and outlook on outreaching the City’spatrons. In today’sworld, many media outlets and platforms can be used to educate and inform. SB 1383 is a complex piece of legislation and the City intends to use this grant opportunity to help those affected by providing assistance with navigating these solid waste changes.

Tripepi Smith & Associates, Inc. has extensive marketing and outreach experience in Southern California as well as working with local jurisdictions, including the City of Orange. By working together, the City will maximize outreach education opportunities for the benefit of our patrons.

7. ATTACHMENTS
· Professional Services Agreement with Tripepi, Smith & Associates, Inc.

City of Orange Printed on 5/5/2022Page 2 of 2
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188
Agenda Item
City Council
Item #: 3.14. 5/10/2022 File #: 22-0069
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Appropriation of $194,618 in SB 1383 Local Assistance Grant Program Fiscal Year 2021-22 and approval of agreement with Tripepi Smith & Associates, Inc.

3. RECOMMENDED ACTION

1. Accept into the City’srevenue budget $194,618 in grant funds from the California Department of Resources Recycling and Recovery, into revenue account number 100.5001.48486.30201, General Fund - SB 1383 Local Assistance Grant Program Fiscal Year 2021-22.

2. Authorize the appropriation of $194,618 to expenditure account number 100.5001.51670.30201, General Fund - SB 1383 Local Assistance Grant Program FY22.

3. Approve agreement with Tripepi Smith & Associates, Inc. in the amount of $90,000 for professional services; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total appropriations for this grant are funded by the additional revenue received from the California Department of Resources Recycling and Recovery.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
e: Develop and implement effective community outreach services and programs to promote public safety.

Goal 2: Be a fiscally healthy community
b: Analyze future fiscal needs and potential revenue opportunities.

6. DISCUSSION AND BACKGROUND
On February 1, 2022, the City applied for California Department of Resources Recycling and City of Orange Printed on 5/5/2022Page 1 of 2
powered by Legistar™
189
Item #: 3.14. 5/10/2022 File #: 22-0069
On February 1, 2022, the City applied for California Department of Resources Recycling and Recovery (CalRecycle) SB 1383 Local Assistance Grant Program for Fiscal Year 2021-2022. This grant program provides the City and other California jurisdictions an opportunity to receive funding to assist with implementing the regulations and requirements of SB 1383 Short Lived Climate Pollutants. CalRecycle awarded the City $194,618.

7. ATTACHMENTS
· Professional Services Agreement with Tripepi, Smith & Associates, Inc.

City of Orange Printed on 5/5/2022Page 2 of 2
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190

PROFESSIONAL SERVICES AGREEMENT
[SB 1383 Local Assistance Grant Program Implementation Services]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on thi s _____ day of ____________, 20 22 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and TRIPEPI, SMITH & ASSOCIATES, INC. a California corporation (“Contractor”), who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. As a material inducem ent to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The services which are th e subject of this Agreement are not in the usual course of City’s business and City relies on Contractor’s representation that it is independently engaged in the busi ness of providing such services and is experienced in performing the work.

Joshua Soliz, Public Works Administrative Manager (“City’s Project Manager”), shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of City’s Project Manager (or his/her designee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager.

2. Compensation and Fees.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed NINETY THOUSAND DOLLARS and 00/100 ($90,000.00) without the prior written authorization of City.

b. The above compensation shall include all costs, including, but no t limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.

3. Payment.

a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.
191
2 b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.

c. City will pay Contractor the amount invoiced within thirty (30) days after the approval of the invoice.

d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

4. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by City as an amendment to this Agreement. City’s Project Manager is authorized to approve a reduction in the services to be performed and compensation therefor. All amendments shall set forth the changes of work, extension of time, and/or adjustment of the compensation to be paid by City to Contractor and shall be signed by the City’s Project Manager, City Manager or City Council, as applicable.

5. Licenses. Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the work contemplated by this Agreement and that Contractor and its subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Agreement.

6. Independent Contractor . At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all fac ilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.

Contractor acknowledges that it and any subcontractors, agents or e mployees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

8. Designated Persons. Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement. 192
3 It is understood by the parties that clerical and other nonprofessio nal work may be performed by persons other than those designated.

9. Assignment or Subcontracting. No assignment or subcontracting by Contractor of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or his/her designee.

10. Time of Completion . Except as otherwise specified in Exhibit “A,” Contractor shall commence the work provided for in this Agreement within five (5) days of the Effective Date of this Agreement and diligently prosecute completion of the work in accordanc e with the time period set forth in Exhibit “A” hereto or as otherwise agreed to by and between the representatives of the parties.

11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work.

12. Reserved.

13. Delays and Extensions of Time . Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by City will cause it to incur additional costs, it must specify, in writing, wh y the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above, absent a written amendment to this Agreement.

15. Equal Employment Opportunity . During the performance of this Agreement, Contractor agrees as follows:

Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in 193
4 conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

17. Indemnity.

a. To the fullest extent permitted by law , Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:

(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, defa ult, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.

b. To the fullest extent permitted by law, and as limited by California Civil Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property to the extent 194
5 caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.

d. The indemniti es set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.

18. Insurance.

b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ( $1,000,000) per occurrence; or (2) a ll the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.

c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis.

f. Contractor shall maintain during the life of this Agr eement professional liability insurance covering errors and omissions arising out of the performance of this Agreement 195
6 with a minimum limit of One Million Dollars ($1,000,000) per claim. Contractor agrees to keep such policy in force and effect for at least five (5) years from the date of completion of this Agreement.

g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be calle d upon to cover any loss under the policy.

Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.

h. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse witho ut at least ten (10) days’ prior written notice to City.

i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by compani es either licensed or admitted to conduct business in California so long as such insurer pos sesses the aforementioned Best rating.

j Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City.

In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all d amages resulting therefrom, by way of set -off from any sums owed Contractor.

k. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery .

l. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.

Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with 196
7 this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

20. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (co llectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement.

21. Compliance with all Laws/Immigration Laws.

a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.

c. Contractor represents and warrants that it:

(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, incl uding, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and

(2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and

(3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I -9 for each of Contractor’s employees; and

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8 (4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I -9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.

d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c.

f. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.e.

22. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. Venue for any dispute arisi ng under this Agreement shall be in Orange County, California.

23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agree ment shall not be compensated.

198
9 “CONTRACTOR” “CITY”

Tripepi, Smith & Associates, Inc. City of Orange
1520 Voyager Drive 300 E. Chapman Avenue
Tustin, CA 92782 Orange, CA 92866-1591
Attn.: Ryder Todd Smith Attn.: Josh Soliz

Telephone: 626-536-2173 Telephone: 714-744-5588
E-Mail: [email protected] E-Mail: [email protected]

25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.

IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.

“CONTRACTOR” “CITY”

TRIPEPI, SMITH & ASSOCIATES, INC., CITY OF ORANGE, a municipal corporation a California corporation

*By: By:

Printed Name: Mark A. Murphy, Mayor
Title:

*By: ATTEST
Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney

*NOTE: City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolutio n, certified by the Secretary close in time to the execution of the Agreement, must be provided to City. 199

EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
200

RFP response submitted for:

CITY OF ORANGE SB 1383 Education and Outreach
Submitted: January 20, 2022 By: Ryder Todd Smith, Tripepi Smith President 201
City of Orange/SB 1383 Education and Outreach
2 TABLE OF CONTENTS QINTRODUCTION ............................................................................................................................................ 3 DECLARATIONS ............................................................................................................................................... 4 RELATED FIRM EXPERIENCE ............................................................................................................................ 5 COMPANY OVERVIEW .................................................................................................................................... 7 APPROACH TO SCOPE OF ENGAGEMENT ..................................................................................................... 12 ESTIMATED COST OF ENGAGEMENT ............................................................................................................ 15 PROJECT TEAM STAFFING ............................................................................................................................. 23 APPENDIX: WORK SAMPLES ......................................................................................................................... 27 APPENDIX: RESUMES .................................................................................................................................... 40 202
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3 INTRODUCTION Thank you for the opportunity to present Tripepi Smith services in response to the City of Orange’s need for SB 1383 related outreach services in 2021. The City is wise to line up resources for public education (required by CalRecycle and partially funded with State grant funds) that will successfully transition residents to the new way of sorting their waste. Because this is a big behavior shift, Tripepi Smith is ready to dive in with a plan to support outreach targeting single-family homes, multi-family properties and commercial businesses, including an expansive approach if requested. This document outlines our approach to the scope of work requested, as well as our cost proposal. We provided a menu of options to maximize flexibility for the City. Tripepi Smith is a team of nearly 40 communications experts–robust enough to offer experienced and effective professionals for the job, yet small enough to be nimble and responsive. Tripepi Smith offers a spectrum of skills that allows us to match the appropriate resource to the task at hand, letting us execute faster and reduced engagement costs. These resources vary by both years of experience and core hard skills (graphic design versus videography versus writing versus social media, for example). The result: we have an ability to conduct outreach to the public across a range of platforms. Tripepi Smith is a force multiplier for the communication operations of agencies across California. From Napa to Coronado and out to Indian Wells, Tripepi Smith is actively working with over one hundred public agencies. We gain insights from the breadth of our client work and apply that knowledge to our work with each client. Regards, Ryder Todd Smith Co-Founder & President Tripepi Smith [email protected] • (626) 536-2173 • Fax: (949) 679-8371 PO Box 52152, Irvine, CA 92619 Ryder is the contact person throughout the proposal evaluation period. 203
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4 DECLARATIONS Authorization As co-founder and president of Tripepi Smith, I am qualified to enter into agreements with the City of Orange and to make the statements on behalf of the firm. This proposal is valid for ninety (90) days from January 20, 2022. Insurance Insurance certificates will be provided prior to contract execution. Tripepi Smith routinely provides insurance certificates to prove we meet the contracting requirements of public agencies throughout California. We are willing and able to comply with the insurance requirements. Incorporation Founded in 2000 and incorporated in 2002 as a California S Corporation, Tripepi Smith is based in Orange County. FEIN: 73-1642614 California Business License: C2414674 Tripepi Smith states that: ¨ It can legally conduct business in the state of California and in the City of Orange, California. ¨ It has not colluded in any fashion with other respondents which would restrict or eliminate competition. ¨ No employee or official of the City of Orange has a material or monetary interest in this contract. ¨ It is not aware of any other actual or potential conflict of interest related to this proposal and the projects being implemented. Conflict of Interest Disclosure and Ethics Tripepi Smith operates in a complex marketplace that is more political than most industries. As a result, conflicts of interest (real or perceived) can arise. The first and foremost obligation of Tripepi Smith is to outline all existing client relationships to prospects so as to let the prospect determine if a conflict exists. At this time, Tripepi Smith does not see any conflicts with our client work and the City of Orange. To read more about Tripepi Smith’s commitment to ethics: https://www.tripepismith.com/about-us/#ethics 204
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5 RELATED FIRM EXPERIENCE Tripepi Smith has been working in local government communications for over ten years and has a strong track record of success on a range of projects, including: public education and outreach related to air and water quality, revenue measure education, COVID-19 crisis communications, economic development advertising campaigns, branding projects, community choice aggregation launch efforts and district formation/redistricting programs. 1. The City of Cypress hired Tripepi Smith as a subcontractor to conduct SB 1383 public education and outreach for residents and businesses. The work has included: content development for social media, web, and print materials, postcard and flyer design and webpage design. ● Project Team: Business Analyst Sara Madsen, Junior Business Analyst Kylie Benzing (Subcontractor to Michael Balliet Consulting) ● Date of Engagement: April 2021- Ongoing 2. Tripepi Smith is engaged by the City of Lomita to aid in communication and public outreach for Lomita Water and other general City communications. The work has included: SB 1383 public education and outreach, public tours of the water facility, development of Lomita’s Consumer Confidence Report, billing inserts, news article development, social media management related to Lomita Water and COVID-19, e-news alerts, Lomita Water website management, development of a stand-alone COVID-19 information portal website, City of Lomita website redesign and a stock photoshoot. ● Project Team: Principal Ryder Todd Smith, Director Jennifer Nentwig, Business Analyst Sara Madsen, Business Analyst Sydni Miller ● Date of Engagement: August 2016 - Ongoing 3. In anticipation of their May 2021 residential customer launch, Clean Energy Alliance (CEA) chose Tripepi Smith to provide marketing and community notification services for the nascent JPA, a partnership between the cities of Carlsbad, Del Mar and Solana Beach to operate a Community Choice Energy program. To date, Tripepi Smith completed a full brand identity and logo design, launched a new website, developed press releases, managed media relations, executed social media and e-newsletter management, produced animated videos and provided the Community Advisory Committee with materials needed to educate their communities about CEA and recruit neighboring cities to join. ● Project Team: Director of Operations Katherine Griffiths, Business Analyst Karen Villaseñor, Business Analyst Sara Madsen, Junior Business Analyst Allie Torres, and Junior Business Anayst Charlie Mounts. ● Date of Engagement: September 2020 - Ongoing 205
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6 For public education and outreach related to solid waste, Tripepi Smith is proud to partner with Michael Balliet, a solid waste a waste management consultant and auditor who has worked in the California solid waste landscape for over 30 years. Michael Balliet Consulting, LLC, (MBC) has vast experience in franchise waste hauling contracts, developing local government policies and programs, implementation and monitoring services related to State compliance and executing franchise hauler financial and performance audits. 4. The City of Costa Mesa hired MBC in 1992, and Michael has assisted them with developing and implementing all State compliance programs ever since. MBC developed draft code revisions incorporating all needed SB 1383 regulations and worked with the City attorney to finalize. He also prepared a SB 1383-compliant franchise agreement and negotiated execution by seven haulers. This agreement adds a compliance fee of $120,000 and will expand franchise revenues by 15% to 25%. MBC has also developed and implemented new SB 1383 compliant reporting programs. Their new contractor self-haul permit program (started in 2018) is generating $150,000 in new revenues from formerly unregulated hauling. • Date of Engagement: 1992 - Ongoing 5. The City of Los Alamitos work has engaged MBC since 2013. MBC oversaw an RFP process to select a new franchise hauler. This included developing a new SB 1383-compliant ordinance and franchise agreement. He also conducted workshops to execute City residents on SB 1383 compliance and the services requested by the new hauler. MBC has handled negotiations related to an extraordinary rate increase request to provide the City’s organic waste program. They helped the City receive a 40% reduction from the proposed rate. From mid-2017 (late start due to negotiations) forward they provided technical assistance program to bring the City to a 90% compliance rate with AB 1826, on a voluntary subscription service basis. ● Date of Engagement: 2013 - Ongoing 206
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7 COMPANY OVERVIEW A Public Affairs Firm that Understands Local Government Tripepi Smith excels at public affairs. We work in a complex environment where successful communications go hand-in-hand with marketing and technical expertise. As a full-service marketing and creative services firm, Tripepi Smith delivers content and design tailored for local government, public agencies, nonprofits and private companies—each strongly represented in our client list.

Grounded in Civic Affairs Co-Founder and CFO Nicole Tripepi Smith is a second-generation civic affairs professional (her father was a city manager for 28 years), and Co-Founder and President Ryder Todd Smith brings over a decade of public agency marketing and communications experience to the table.

Implementing Strategy and Engaging Audiences Tripepi Smith recognizes the important interplay of public affairs and design. It’s about presenting ideas that advance communities and public institutions. An important corollary to this is providing the creative services that can build materials to engage audiences and make ideas resonate. Tripepi Smith’s multi-faceted design team enables us to reach these goals and lead effective creative strategy. 207
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8 Strategic Tripepi Smith is a provider of technology, communications and public affairs services. We leverage our skills and experiences in each of these areas to deliver efficient, technologically driven communication solutions that reflect our deep understanding of local government. Our team has a strong record of working with public agencies, joint powers authorities and not-for-profit organizations throughout California to better engage and connect with their stakeholders and community. Creative Tripepi Smith’s creative professionals have worked with public and private clients on imagery, colors and graphic design in an array of projects. Our firm offers creative services that address not only traditional media such as print, websites, logo design and advertising but also non-traditional marketing services around email campaigns, social media, blogging, SEO, video production and more. This integrated approach to content development makes the process more efficient and more effective for clients.

Content x Distribution = IMPACT Tripepi Smith was born in the digital era and brings significant technical skills to the table. Members of our team carry technical certifications in Hootsuite Social Media Marketing, Facebook Blueprint, Google Advertising, Google Analytics and Twitter Flight School, among others. We take digital seriously and recognize how critical it is to not only develop great visuals and messaging, but to ensure the audiences we want to reach actually see that content. Without content distribution there is no IMPACT. “…solutions that reflect our deep understanding of local government.” 208
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9 Team Tripepi Smith Tripepi Smith’s team of nearly 40 communications experts offers the right professionals for the job while being small enough to be nimble and responsive. Tripepi Smith has a spectrum of experience and skills that allows us to apply the appropriate resource to the appropriate tasks to both execute faster and reduce engagement costs. These skills vary by both years of experience and core hard skills (graphic design, videography, writing, and social media, for examples). At Tripepi Smith, experienced directors and analysts drive strategy and implement messaging with support from three in-house accredited public 209
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10 relations professionals. Government affairs experts and policy wonks innovate for our dozens of municipal clients. Ten creative professionals generate compelling branding, websites, design, social media, photography and video. The result: we have an ability to tell a complete story across mediums all within our one team. Our firm operates in a virtual office environment. Being virtual allows us to engage the right talent at the right time, and it enables us to operate more efficiently to save money for our clients. That said, the team—composed of policy wonks, creative message developers, technology gurus and graphic and fine artists—is located throughout California (34) and Texas (2), Arizona (1) and New Mexico (1). 210
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11 Services Offered Strategy, Marketing, Communications ¨ Strategic development, research, surveys, messaging ¨ Social media management ¨ Web and social media strategy, optimization (SEO), metrics ¨ Web hosting and support ¨ Email campaigns ¨ Relations (media, stakeholders, public, government) ¨ Support and training for events, presentations and virtual gatherings ¨ Google AdWords, LinkedIn and Facebook advertising Creative Services ¨ Full-service graphic design for digital, print and outdoor ¨ Brand and logo development ¨ Content generation, writing and editorial ¨ Output services (digital distribution, print management, mail management) ¨ Photography, illustration and information graphics ¨ Video and animation ¨ Web design and implementation Waste Management Consultant Services (through partnership with Michael Balliet) ¨ Assistance with required enforcement mechanisms (i.e., ordinances and hauler agreement development updates) and procurement policy ¨ Compliance assessment of existing City and hauler programs ¨ Technical assistance programs to businesses and other stakeholders ¨ Developing new monitoring and reporting systems ¨ Self-haul, construction project, and recycler programs for compliance and revenue generation ¨ Hauler performance and financial audits, as well as rate negotiations. 211
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12 APPROACH TO SCOPE OF ENGAGEMENT The following scope of work is being quoted by Tripepi Smith for communications and outreach work. Please note that we have Spanish speakers on staff and all communication materials noted below can be produced in both English and Spanish. Collaboration with Solid Waste Experts Tripepi Smith has enlisted the veteran expertise of Michael Balliet, a waste management consultant and auditor who has worked in the California solid waste landscape for over 30 years. His work has included developing and managing franchise waste hauling contracts, developing local government policies and programs, implementation and monitoring services related to State compliance and executing franchise hauler financial and performance audits. He will inform Tripepi Smith’s public education and outreach approach to ensure clients are in compliance with CalRecycle requirements. He will also be available as a resource to clients who are in need of guidance on the technical side of implementing SB 1383 including: enforceable mechanisms, provisions of required programs, regulation of haulers, monitoring and recordkeeping responsibilities, waivers, procurement requirements and more. Project Management Tripepi Smith proposes to coordinate project calls for this engagement and create a living agenda to manage the education and outreach efforts. After the initial set-up, these meetings would take place on a monthly basis throughout our engagement. The video calls would typically last up to an hour and will have a detailed agenda and notes. After each call, Tripepi Smith would send a summary email about decisions made on the phone call and related action steps for all involved parties. Tripepi Smith will also conduct record-keeping on a monthly basis to report out on public education and outreach activities and metrics. Creation and Updates to SB 1383 Webpage/Website Tripepi Smith would create a SB 1383 webpage with information about the state requirements and a preview of the process in the City. Tripepi Smith would update the website/pages on an ongoing basis with resources for the community, including information on edible food recovery, property management requirements and program waivers. If the City chooses to create a dedicated standalone website, Tripepi Smith would charge a flat fee of $3,750 to set up and host the site, with a $610 annual fee for hosting. 212
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13 Social Media Support Tripepi Smith would create bilingual copy and graphics for two social media posts about SB 1383 per month throughout the engagement. We can boost posts (paid advertising) on Facebook and Instagram to help spread the word about meetings and solicit public commentary. E-Newsletter/Newsletter Content Tripepi Smith proposes to develop an article/blurb on a monthly basis to leverage existing City channels such as an e-newsletter or newsletter. In addition, we can design custom email templates to distribute SB 1383 email alerts via platforms such as Constant Contact, MailChimp, GovDelivery, etc. Print Collateral Tripepi Smith will design print collateral materials (in English, Spanish and other languages upon request), to provide necessary information to all stakeholders including hard-to-reach communities. When well-designed and well-targeted, these materials can provide community members with the information they need when/where they need it, helping drive effective behavior change. Collateral pieces may include a flyer, postcard/billing insert, door hangers, magnets, etc. Press Releases Tripepi Smith proposes to draft press releases throughout the project to ensure local media aids our efforts to reach City residents. Tripepi Smith will identify media contacts, collaborate with City staff to further expand the media list and ensure we reach diverse media. For key media, Tripepi Smith will follow up with phone calls. Community Workshops (In-Person or Virtual) If possible with COVID-19 limitations, Tripepi Smith would coordinate with City staff to identify venues and dates to host in-person workshops on SB 1383. These workshops could be tailored to share requirements and tips with specific stakeholder groups, such as businesses, multi-family community members, and single-family residential areas. Tripepi Smith would devise an agenda, facilitate discussions, document community feedback, and promote positive engagement around the process. Tripepi Smith can facilitate recording the meetings and provide videos, with any relevant slides interspersed and closed captions. We can also coordinate simultaneous interpretation with local partners. 213
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14 Animated Video Tripepi Smith understands the power of a clear, short video in today’s communication environment, and we propose to develop a brief animated video to explain SB 1383 and its impact. We can also coordinate advertisement of the video on YouTube.

Additional Options SB 1383 Compliance Assessment Our team offers a compliance assessment, which involves expert review of all hauler and city programs to ensure full compliance with SB 1383 mandates will be achieved. Campaign Branding/Logo Tripepi Smith understands that the effectiveness of an educational campaign relies the on the strength of its recognizability and clarity. Our team is available to develop a unifying brand/logo that will be used on all assets (social media, print materials, webpages, etc.) developed as part of your SB 1383 campaign. This work will align with colors and themes from your overall agency brand and will include a custom logo concept and wordmark. TS will provide two iterations of design. TV/Radio Advertising Tripepi Smith is available to develop and coordinate advertisements on the radio and/or TV. Our team is experienced in storyboarding, script development, working with voiceover professionals and other talent, and coordinating with media outlets for ad placement. If budget allows, we recommend TV/radio advertising of your SB 1383 messaging to have the greatest possible reach. Targeted Technical Assistance and Outreach Our team offers technical assistance and outreach to specific groups (i.e. multi-family residential, multi-tenant commercial properties, largest business waste generators, and edible food generators mandated to contract for service by SB 1383). Because this work can vary widely depending on the needs in various locations, our team can scale this outreach to best meet your unique needs as a community. Public Service Announcement Video Series Tripepi Smith offers a package of four PSA-style videos promoting behaviors required by SB 1383. These videos would be available for use on social media, local public access channels, and other media outlets. Tripepi Smith also offers access to B-roll video footage related to SB 1383 adoption, such as video showing people properly recycling their organic waste. 214
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15 Management of Dedicated Email Account Our team is available to assist in the set-up and/or ongoing management of a dedicated City email account to handle inquiries regarding SB 1383. A dedicated account managed by Tripepi Smith can enable streamlined, speedy communications specific to this issue while alleviating City staff workload.

ESTIMATED COST OF ENGAGEMENT The size and related cost of the engagement will vary widely with the breadth of the public outreach desired by the City and the assignment of work between Tripepi Smith and City staff. To accommodate for this variability, Tripepi Smith has identified two approaches to the engagement.

1. Approach One – Time and Materials Given the high variability of the type of engagement that may be needed by Tripepi Smith, we could engage with the City on a pure time and materials basis. As such, the cost for our engagements could range from $3,500 to $90,000 and would be most dependent on the extent of our work relative to work handled by City staff and the volume of the education and outreach desired by the City. Tripepi Smith can provide weekly or monthly updates on the budget use and how it is being spent depending on the nature of the engagement or project. Note that given the preliminary analysis required to determine the extent of the education and outreach needs, our minimum engagement for time and materials approach is $3,500. We will bill that initial amount at the kickoff of the project and then credit that amount toward any hourly work for the initial $3,500 in billings. This model addresses the overhead costs related to startup, preparation and initial project management related to SB 1383 efforts. 215
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16 During our engagement, the following rates and related fees for services would apply. 2021-22 Hourly Rates Hourly - Ad Hoc Hourly - Retainer Principal $300 $260 Director $200 $180 Art Director $200 $180 Senior Business Analyst $165 $150 Business Analyst $115 $105 Junior Business Analyst $90 $80 Senior Videographer/Animator $160 $145 Senior Photographer $145 $130 Photographer/Videographer $110 $100 Senior Graphic Designer $145 $130 Graphic Designer $115 $105 Junior Graphic Designer $90 $80 Web Developer $160 $140 Drone Operator $165 $150 Time at Tripepi Smith is billed in 15-minute increments. See the following examples for how we invoice our time: 1.25, .75, 4 or 6.5 hours. If Tripepi Smith is requested to be onsite, we will invoice for travel time at half-rate of the resource’s Standard Rate. Sometimes, we have a resource who work across categories of skills. For example, we may have a videographer who operates a drone. When that person is doing the category of skill, that skill rate will apply. In this example, a videographer flying a drone is billed at the drone operator rate. Other Fees Because Tripepi Smith offers a broad set of services, including extensive content production, we have some other content production-related fees that may come up during the course of our engagement that you should be aware of. Website Fee The City can use a page or pages on its own website for this project or it can contract with Tripepi Smith to build a project specific website (custom domain name/URL, similar visuals to City website, total directly control by Tripepi Smith). We do this work on a flat fee basis 216
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17 of $3,750 per site with an annual hosting fee of $610 which includes hosting, SSL Certificate and a single domain name annual fee. If the City prefers to use its own website, our work on that site will be handled on a time and materials basis. Content for the website in two languages is addressed as part of other reengagement options. Equipment Fees Tripepi Smith offers some services that require equipment, such as drone operations and video production. As such, in those cases, the following rates apply: ● $750 for a full day of video equipment use (includes full set of video equipment). Full day is defined as a shoot lasting more than four hours. ● $450 for a half day of video equipment use. Half day is defined as anything up to four hours of video production. All such expenses will be authorized by the organization prior to fee being assessed. ● $500/day drone fee applies and is not inclusive of the drone operator time (drone operator rate). Larger production projects may require additional fees for extensive equipment needs, multiple cameras, live switchboards and more. These fees will be discussed prior to being incurred with the City. Printing Fees Tripepi Smith is happy to use a printer of the client’s choosing for print production work, or to recommend a printer with whom we have experience. Tripepi Smith typically has the printer bill the client directly for work. Tripepi Smith makes no money on print services and has no economic interest in the selected print vendor other than ensuring quality and fair pricing for our clients. If Tripepi Smith is asked to pay the bill for the client, we will apply a 10% agency fee to the reimbursement expense. Media Placement Purchase fees for advertising media space is not included on Tripepi Smith advertising proposals. Usually, clients contract directly with media, but in the event Tripepi Smith covers these fees, then we will charge an additional 10% agency fee on all advertising charges to compensate for the administrative overhead. (Labor time associated with researching media placement will be charged on a time & materials basis.) Digital Advertising Fees Tripepi Smith is a Google Partner and Constant Contact Solution Provider and has Facebook Certified staff. We consider digital platforms to be a cornerstone element of any 217
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18 outreach strategy; often this comes with digital advertising fees. Tripepi Smith typically uses a client’s credit card to cover such fees, and those fees are impossible to estimate at this time without our firm being engaged in the work with the team. If a Tripepi Smith credit card is used to run the advertising campaign, then we will charge an additional 10% agency fee on all advertising charges to compensate for the administrative overhead.

2. Approach Two – Fixed-Price Engagement This approach uses a fixed scope and fee approach to bring more certainty to the cost of the outreach for the City. Work that evolves beyond the defined scope is addressed on either an incremental noted fee basis or through time and material work. Such incremental work would be clearly noted and authorized by the City in writing prior to proceeding. The Fixed-Price Engagement focuses on promoting general awareness and understanding of SB 1383, and also includes 3 community workshops and additional tools to advance behavior change in the community. It also assumes that Tripepi Smith takes on a far more expansive role in the project management of the overall effort to further alleviate City Staff in the process. The project duration is for 12 months. The Expansive Engagement includes the following: • Project management for education and outreach • Creation of a dedicated standalone SB 1383 website, including custom resources and ongoing updates • Development of bimonthly social media graphics/posts, including creation and set-up of 4 ads/boosted posts • 3 in-person community workshops* (with the option to tailor each workshop to a stakeholder group such as businesses, multifamily community, single-family community, etc.) • Campaign branding including a logo concept/wordmark • Animated explainer video and set-up of YouTube ad • Monthly content for e-newsletter/newsletter • Development of e-newsletter alert templates • Design of postcard/billing insert, flyer and up to 4 additional collateral pieces such as door hangers, magnets, etc. (excludes costs of printing/mailing) • Leadership talking points • 6 press releases and corresponding media outreach 218
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19 Package Price Fixed-Price Engagement Package $73,150 Recommended Funds for Printing/Mailing $12,000 Recommended Funds for Social Media Advertising $2,400
Total Package Price (Excluding Any Add-On Options Listed Below) $87,550 Add-On Options Price SB 1383 Compliance Assessment $1,600 Each Additional In-Person Workshop $2,350* First/Each Additional Virtual Workshop $2,390 / $ 1,670 Video Recording at In-Person Meeting $1,400
Video Recording/Editing of Virtual Meeting $400
Package of 4 PSA Videos $5,870 Access to B-Roll Video Footage $500 Management of a Dedicated SB 1383 Email Account $587.75/month Additional Targeted Technical Assistance and Outreach Time & Materials TV & Radio Ads Time & Materials Coordinating translations/ interpretations for languages other than Spanish Time & Materials *In-person workshop pricing does not include travel costs. 219
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20 Payment Schedule and Terms For ad hoc work, we invoice at the end of each month for that month’s services. Terms are NET 30 days. For fixed price project work that spans the 12 month projected duration of this engagement, we will invoice on the second, fifth, eight and twelfth month of the 12 month engagement in equal 25% increments. Any expenses we incur or one off additional project will invoice upon delivery. 220
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21 References Contact Description City of La Cañada Flintridge Carl Alameda Director of Admin Services 818.790.8880 [email protected] General communications support, quarterly newsletter content and layout, graphic design, media relations, social media management Pivot Charter School Jayna Gaskel Executive Director 530.550.7616 [email protected] Online advertising campaigns, social media management, collateral development, web content and maintenance, photography and videography, print advertising California City Management Foundation Ken Pulskamp Executive Director 661.510.0888 [email protected] Communications planning, membership support, website design, website support, graphic design, event staffing, event planning, photography, videography, program management City of Cupertino Brian Babcock Public Information Officer 408.777.3262 [email protected] Style guide creation, brand evaluation, communications assessment, website evaluation (and prior work with Brian at City of Saratoga) City of Tracy Barbara Harb EDFP, Economic Development Analyst 209.831.6491 [email protected] Message development, audience identification, graphic design, and digital advertising campaign management

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22 Clients Tripepi Smith has been selected to work with over sixty local government agencies to help with their communications. We can provide you with contacts at any of these clients if desired and are confident you will find them to be quite happy with our services. California City Management Foundation California Joint Powers Insurance Authority City of Aliso Viejo City of American Canyon City of Anaheim City of Azusa City of Baldwin Park City of Bellflower City of Claremont City of Coronado City of Covina (City of) Culver City City of Cupertino City of Cypress (City of) Daly City City of Danville City of Downey City of Duarte City of El Cerrito City of Fountain Valley City of Fullerton City of Grover Beach City of Hawaiian Gardens City of Hercules City of Huntington Beach City of Indian Wells City of Industry City of Irvine City of La Cañada Flintridge City of La Palma City of La Puente City of Lake Forest City of Laguna Hills City of Laguna Niguel City of Lancaster City of Livermore City of Lomita City of Lynwood City of Manhattan Beach City of Manteca City of Martinez City of Millbrae City of Morgan Hill City of Murrieta City of Napa City of Newport Beach City of Norwalk City of Orange City of Orinda City of Palm Desert City of Palmdale City of Paramount City of Pico Rivera City of Pomona City of Rancho Palos Verdes City of Rancho Mirage City of Renton, WA City of Riverbank City of Rolling Hills Estates City of Santa Clarita City of Santa Cruz City of Santa Paula City of Saratoga City of South Gate City of Tracy City of Tustin City of Twentynine Palms City of Vallejo City of Vista City of Walnut (City of) Yuba City Town of Yucca Valley Town of Windsor California Choice Energy Authority Citrus Heights Water District Claremont McKenna College Costa Mesa Sanitary District El Toro Water District Municipal Management Association of Northern California Municipal Management Association of Southern California Orange County City Manager Associations Rowland Water District San Gabriel Valley City Manager Association South Orange County Wastewater Authority

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23 PROJECT TEAM STAFFING Proposed Team
Ryder Todd Smith Co-founder President
Jen Nentwig Director APR
Michael Balliet Director
Sara Madsen Bus. Analyst
Kylie Benzing Jr. Business Analyst Anne Jang Jr. Business Analyst

It is anticipated that Business Analyst Sara Madsen will be the team lead for the proposed engagement. Sara will handle account and project management, logistics, coordination and creative direction for writing and design. Tripepi Smith Director Jen Nentwig will make leadership presentations, facilitate community discussions and actively participate with senior staff in ideation and brainstorming. Director Michael Balliet will provide technical expertise throughout the engagement and participate as a subject matter expert in check-in calls, workshops, and other projects as applicable. Junior Business Analysts Kylie Benzing and Anne Jang will provide support for content development, graphic design, website updates, etc. 223
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24 Bios (see resumes in the appendix to learn more about the proposed team) Ryder Todd Smith – President Ryder has a mixed background in the worlds of government relations, technology and marketing. He served as the SVP of Operations and Chief Information Officer for a software-as-a-service startup in the financial services sector. Prior to that, he was the technology manager for a regional staffing firm. Ryder leads Tripepi Smith and is the ultimate project owner on all work handled by the firm. He is the creator of the City Internet Strategies Study, publisher of the Civic Business Journal, and a frequent speaker on the local government circuit. His insights have been published in Western City and PM magazines. He volunteers his time as vice chair of the Rose Institute of State and Local Government Board of Governors and previously served as a Planning Commission for the City of Tustin. Ryder graduated from Claremont McKenna College with a Bachelor of Arts in Philosophy, Politics, Economics and a dual degree in Economics. Jennifer Nentwig, APR – Director Jennifer Nentwig is a talented, well-rounded communications professional and project manager with more than 13 years of experience serving government organizations. She has built and implemented programs in strategic communications, media relations, internal communication, community relations and social media. Her skills include website and social media management, development of content including articles, speeches, talking points and FAQs, as well as event planning and implementation. Jen’s clients include the City of Vallejo, City of Lomita, Pivot Charter School, Costa Mesa Sanitary District and City of Lancaster. She is a Hootsuite Social Marketing Professional, is Facebook Blueprint certified, and has her Accreditation in Public Relations from the Public Relations Society of America (PRSA). Michael Balliet – Director Michael Balliet brings extensive solid waste industry experience to his consulting and auditing services for local governments. Mr. Balliet’s primary field of expertise is in solid waste franchising, waste hauler management, agreement compliance audits, financial audits and rate setting analysis, as well as his in-depth understanding of the regulations governing solid waste collection, diversion and disposal, and how local jurisdictions can effectively meet State legislative requirements. His audits of franchise hauling agreements have included the reviews of hauler operations and accounting practices throughout California and Nevada, Montana, Texas, Florida, and Georgia. He has performed well over 500 hauler-audits, and over 20 landfill and material recovery facility audits, producing an average client recovery 224
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25 of over $50,000. He has never had an audit fail to reach satisfactory resolution. Mr. Balliet has been an environmental consultant based in California since 1991. As part of his work with local governments he has audited and developed recycling programs for many of the largest businesses in Los Angeles County (Northrop, Allied Signal, Dow Chemical, Mobil Oil, etc.). Work in Orange County began in 1992 with the City of Costa Mesa and eventually moved to institutional clients (U.C. Irvine) and Orange County’s most visible business, Disneyland. For the past several years this focus has shifted to AB 341 and AB 1826 compliance programs. Sara Madsen – Business Analyst/Graphic Designer Sara Madsen is a talented project manager and graphic designer with a background in marketing and environmental sustainability, in which she earned her degree from San Diego State University. Her formal education in Visual Communications and passion for the environment led her to complete a Creative Design internship with ECOLIFE Conservation. During her time with the non-profit, she advanced her strategic approach to graphic design. As a continuation of her interest in non-profits, NGOs, and the public sector, Sara tackles graphic design, digital marketing and web development projects for clients and Tripepi Smith. Her clients include City of Indian Wells, City of Paramount, City of Hawaiian Gardens, City of Vallejo, City of Lomita, City of Culver City, City of Palm Desert, City of Palmdale, California Choice Energy Authority, Santa Clarita Valley Water, California Joint Powers Insurance Authority, Renne Public Law Group and Civiltec Engineering. Sara is certified as a Constant Contact Certified Solutions Provider and Hootsuite Social Marketing Professional. She has also completed the Public Policy Making Academy II at the University of California, Irvine and the Executive Education Forum for Local Leaders at the University of Southern California. Kylie Benzing – Junior Business Analyst Kylie Benzing brings a diverse skillset to the team from her experience in several industries, such as litigation services, academic administration and music marketing. She graduated from Biola University with a Bachelor of Science in Business Administration with a concentration in Business Management. She has a strong background in social media strategy, website development, writing and scheduling and high-volume operations due to her experiences as Administrative Assistant at Biola University, Marketing Intern at Transparent Productions, Social Media Marketing Manager at TSE Worldwide Press and Operations Associate at TSG Reporting. 225
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26 Kylie is a certified Hootsuite Social Marketing Professional. Her clients include Cypress Organics Recycling, the City of Santa Barbara, the City of Carlsbad and Independent Cities Finance Authority. Anne Jang – Junior Business Analyst/Junior Graphic Designer Anne Jang brings a tireless work ethic and commitment to quality to the Tripepi Smith team with a background in graphic design, marketing and public policy. She graduated from Claremont McKenna College and majored in Government and Philosophy. She developed her skills in project management, event planning and marketing while studying at Claremont McKenna College with experiences with research institutes, several other clubs, and off-campus internships such as the Veterans’ Legal Institute and the Orange County Board of Supervisors. Anne is a certified Hootsuite Social Marketing Professional. She is an editor of PublicCEO.com and works with many of Tripepi Smith’s redistricting clients. 226
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27 APPENDIX: WORK SAMPLES The following examples highlight work that speaks to the breadth of Tripepi Smith’s communication skills. We encourage you to see all the work we have done for clients through our online portfolio at: www.tripepismith.com/work.

Districting Websites/Subpages Description: The districting website in Lake Forest and districting subpages in Palm Desert are representative of our work creating districting-related websites for public agencies.

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28 City of Palm Desert – Bilingual Community Meeting Materials Description: Tripepi Smith provided Powerpoints (sample English slide below) and flyers (sample flyer in Spanish below) for distribution at Palm Desert’s districting workshops.

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29 City of La Cañada Flintridge –
Newsletter

Description: The City of La Cañada Flintridge (LCF) engaged Tripepi Smith in 2014 to perform a communications assessment and provide recommendations for expanding City communications. Our firm was subsequently engaged to perform part time PIO services. Over the years we have delivered revised logos for the City and consistently delivered a sophisticated, quarterly community newsletter, the LCF Vista. 229
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30 City of Murrieta State of the City –
Video
Description: Tripepi Smith delivered the first-ever State of the City Video for the City of Murrieta. The video debuted on July 24, 2019 at Mayor Jonathan Ingram’s State of the City address. The 19-minute video features more than a dozen interviews of City employees and Murrieta community members to give the viewers a taste of the good life in Murrieta. “Murrieta has a lot of progress to report, from new infrastructure investments to innovative public safety and a growing healthcare sector. Our community has seen a lot of growth, yet maintains a commitment to providing high-quality, economical, responsive services to our residents,” said Kim Summers, City Manager of the City of Murrieta. “Tripepi Smith guided our team through the storytelling process, capturing the high quality of life we have here in Murrieta, and the resulting video is a product that our whole community can be proud of. The Tripepi team was an excellent partner with the City in executing this projet.” The project, led by Tripepi Smith President Ryder Todd Smith and Business Analyst Melanie James, involved a detailed script process, interviews with 20 people over two days and additional b-roll shoots to capture a variety of locations in Murrieta, including parks, healthcare centers, schools, businesses and public safety buildings. Videographers Eric Lowy and Angel Ruiz were key in capturing the City’s esteemed quality of life. The video was also supplemented by Murrieta’s large photo library and engaged staff. Access the video: https://vimeo.com/286035591

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31 City of Indian Wells – Infographics

Description: Tripepi Smith used engaging information graphics to translate Indian Wells’ budget data into an engaging “Budget-at-a-Glance” mailer that successfully put the information in front of the community in a digestible way.

City of Duarte - Engagement Report

Description: Tripepi Smith has been providing communication support on a retainer basis for the City of Duarte since June 2020. As part of our engagement, Tripepi Smith provides a monthly dashboard report to City Staff for them to review progress and distribution impacts of their communication efforts. Social media is a major component of the engagement, and Tripepi Smith provides metrics related to social media work to the City Staff each month. This metrics report, which is ultimately delivered to City Council, provides critical insights into the City’s 231
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32 outreach efforts and has helped advance a culture of communication at the City. Tripepi Smith strongly encourages our clients to generate monthly dashboard reports on communication efforts to ensure progress is being measured or shortcoming are being identified.

City of La Cañada Flintridge - Website

Description: Tripepi Smith delivered a new website for the City of La Cañada Flintridge (LCF) at the end of 2019. The site is built in WordPress and followed our standard development process: Website Specification, Website Design, Programming, Quality Assurance Testing, and Training and Launch. We have done this process dozens of times, and the results have been successful. LCF included a requirement in their RFP for an opensource solution for the website, as they wanted to avoid proprietary lock-in. This result was achieved with the Tripepi Smith-developed website, which also included important features like ADA compliance, proper embedding of third-party city tools, website security, pop-up alerts and a dead simple content management system that various staff feel comfortable editing. The process took about eight months to complete. www.cityoflcf.org 232
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33 SOCWA – Website & Brochure Description: In addition to designing the SOCWA website, Tripepi Smith created their overview brochure to highlight the role they and their member agencies play, as well as to educate ratepayers on the subject of wastewater treatment. www.socwa.com City of Lomita - Website

Description: Tripepi Smith built a new user-friendly website for the City of Lomita Water Division. www.lomitawater.com 233
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34 Inland Empire Utilities Agency - Logo Description: The Inland Empire Utilities Agency (IEUA) engaged Tripepi Smith to refresh and rebuild their website. We created a new website for the client and continued maintenance support for them. In addition, Tripepi Smith has handled creative and marketing support surrounding the drought. www.ieua.org California JPIA - Brochure

Description: California JPIA needed a marketing brochure that reflected their commitment to remain the absolute best in their field. Tripepi Smith created a rich, custom cut piece. The logo showed through a small window and special textural varnishes created tactile effects and made the key elements really pop. Tripepi Smith serves JPIA’s overall graphic needs. 234
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35 City Stock Photography

Description: Tripepi Smith provides a wide array of event, architectural portrait and street photography services. Our team uses high resolution professional DSLR equipment – primarily Sony A7III cameras with premium lens options. This professional equipment is matched with the talent of our team members and their post-production Photoshop and Lightroom skills to generate great results for our clients.

Social Media for City Brands

Tripepi Smith manages social media channels for several government agencies. The following are examples to review: https://www.facebook.com/CityOfCulverCity/ https://twitter.com/culvercitygov?lang=en https://www.instagram.com/culvercitygov/?hl=en https://www.facebook.com/CityofSantaPaula/ https://twitter.com/santapaulacity https://www.facebook.com/CityOfLaCanadaFlintridge/ https://twitter.com/TheCityofLCF/ https://www.facebook.com/HawaiianGardens1/ https://twitter.com/hawaiiangardens https://www.instagram.com/hgcityca/ 235
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36 MuniTech Academy - Flyer

Description: Tripepi Smith created promotional flyers for the education branch of the Municipal Information Systems Association of California, MuniTech Academy.

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37 City of La Cañada Flintridge –
Flyer/Mailer

Description: The City of La Cañada Flintridge tapped Tripepi Smith to create a flyer with tips for preventing the spread of COVID-19 that was mailed to all residents.

Livermore - Banners

Description: The City of Livermore engaged Tripepi Smith to promote temporary parking at a garage in its downtown.

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38 Content Development The following are sample press releases and stories that Tripepi Smith drafted or helped develop: City of Manhattan Beach City Terminates Employment Agreement with Fire Chief https://www.citymb.info/Home/Components/News/News/4803/43 City Council Expands and Clarifies LA County Public Health Orders Closures and Operational Requirements of Numerous Business Types https://www.citymb.info/Home/Components/News/News/4701/4811?npage=1&arch=1 City of Grover Beach Help Shape Grover Beach by Pursuing a Position on the City Council or Planning Commission http://www.groverbeach.org/ArchiveCenter/ViewFile/Item/1808 City of Santa Paula Santa Paula adopts balanced budget for Fiscal Year 2020/21 https://spcity.org/CivicAlerts.aspx?AID=31 Santa Paula's Local Sales Tax Dollars at Work https://spcity.org/CivicAlerts.aspx?AID=26 City of Santa Ana Santa Ana Establishes 200-Bed Interim Homeless Shelter in 28 Days https://www.westerncity.com/article/santa-ana-establishes-200-bed-interim-homeless-shelter-28-days **Ghost wrote article for City of Santa Ana Staff. Ran in Western City Magazine City of Indian Wells Mayor’s Letter to Community – July 2020 https://conta.cc/2VDR9ri Indian Wells Celebrates Change and What Remains the Same 238
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39 https://www.palmspringslife.com/indian-wells-ca/ Indian Wells Budget-at-a-Glance https://www.cityofindianwells.org/home/showdocument?id=4661 California Joint Powers Insurance Authority City of Monrovia Engages Community in Prevention–Based Approach to Homelessness https://cjpia.org/newsletter/issue-97/article-8 City of La Cañada Flintridge Leverages Trail Immunity https://cjpia.org/newsletters/issue-91/article-6 239
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40 APPENDIX: RESUMES RYDER TODD SMITH TRIPEPI SMITH – PRESIDENT 11/00 – PRESENT ● Provide communications advice, strategy and execution services to a range of small to mid-sized public and private sector clients spanning local government, real estate, finance, technology and healthcare verticals MAVENT INC – SENIOR VICE PRESIDENT, OPERATIONS 5/05 – 11/09 ● Responsible for quality assurance, technology operations and internal infrastructure organizations ● Built team of technology professionals to manage multi-site production environment at co-location facilities. ● Managed vendor relationships and reviewed all invoices ● Brought focus to key areas, including: system documentation, knowledge sharing with other employees, schedule management for finite resources and enhanced security ● Developed and managed the departmental budgets for three groups MAVENT INC – VICE PRESIDENT, MARKETING 08/04 – 05/05 ● Managed the Company’s outside PR firm relationship, creative firm relationship, corporate website, ad campaigns, conference schedule, conference logistics and internal employee communications ● Developed and managed the marketing budget MAVENT INC – VICE PRESIDENT, GOVERNMENT RELATIONS 02/03 – 08/04 ● Monitored nationwide political activities that were pertinent to Mavent’s interests ● Developed relationships with third-party interest groups that impacted the Company’s product ● Participated in industry conferences and represented the Company at industry events OLYMPIC STAFFING SERVICES – INFORMATION TECHNOLOGY MANAGER 01/98 – 11/00 ● Managed and controlled all aspects of the technology environment at this five-location, 35-employee company NORTHROP GRUMMAN CORPORATION – GOV’T REPRESENTATIVE 07/97 – 12/97 ● Worked directly with the Director of State and Local Government Relations to research issues of concern to Northrop Grumman ● Developed agendas to target upcoming legislative issues ● Assisted in lobbying work and development of testimony EDUCATION CLAREMONT MCKENNA COLLEGE – CLAREMONT, CA ● Bachelor of Arts in Politics – Philosophy – Economics with Dual in Economics Cum Laude Honors 240
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41 JENNIFER NENTWIG, APR TRIPEPI SMITH – DIRECTOR 01/21 – PRESENT ● Strategic advice and project leadership across an array of clients ● Redistricting subject matter expertise, business development and project management ● Internal leadership on policy areas like water quality, major infrastructure projects TRIPEPI SMITH – SENIOR BUSINESS ANALYST 08/19 – DECEMBER 2020 ● Provides project management and account support for numerous clients ● Develops content including strategic messaging, leadership talking points, speeches and articles COUNTY OF ORANGE – COMMUNICATIONS MANAGER 11/16 – 8/19 ● Managed County website and social media accounts, including Facebook, Twitter, Instagram and Nextdoor ● Developed and implemented communication plans, including talking points, key messages and FAQs ● Led development of award-winning monthly digital magazine reaching 18,000 County employees BOOZ ALLEN HAMILTON – COMMUNICATIONS CONSULTANT/ASSOCIATE 09/11 – 11/16 ● Led communications support of several U.S. military clients such as the Naval Aviation Enterprise ● Developed and published high-visibility products including vision documents and strategic plans U.S. AIR FORCE RESERVES – PUBLIC AFFAIRS OFFICER/MAJOR 09/11 – PRESENT ● Provides once-a-year Public Affairs support to active-duty U.S. Air Force units U.S. AIR FORCE – PUBLIC AFFAIRS OFFICER/CAPTAIN 05/07 – 08/11 ● Served as Director of Public Affairs for U.S. military joint task force providing humanitarian assistance and disaster relief ● Led media relations program and community relations events for Nellis Air Force Base, Nevada, including support for a visit and speech by President Barack Obama EDUCATION UNIVERSITY OF SAN DIEGO – SAN DIEGO, CA ● Master of Science in Global Leadership UNIVERSITY OF NOTRE DAME – NOTRE DAME, IN ● Bachelor of Arts in Political Science, Minor in Hesburgh Program of Public Service – Magna Cum Laude Honors PROFESSIONAL DEVELOPMENT ● Accreditation in Public Relations, Public Relations Society of America 2015 ● Public Affairs Qualification Course, Defense Information School 2007 CERTIFICATIONS ● Facebook Blueprint Digital Marketing Associate 07/20 ● Hootsuite Social Marketing 09/19 SOFTWARE ● Hootsuite ● Constant Contact ● Canva 241
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42 MICHAEL BALLIET TRIPEPI SMITH – DIRECTOR 06/21 – PRESENT ● Conduct market research to provide client insights ● Develop strategy to improve social media marketing efforts ● Write stories and press releases for the firm’s website and city clients MICHAEL BALLIET CONSULTING, LLC – PRESIDENT 01/99 – PRESENT ● Develop and manage municipal and county government waste hauling contracts ● Perform all aspects of compliance consulting services related to State solid waste mandates ● Execute franchise hauler audits, both financial and performance, throughout the state of California, Texas, Georgia, Florida and Nevada AMERICLEAN ENVIRONMENTAL SERVICES, INC. – CHIEF OPERATING OFFICER 07/91 – 12/98 ● Launched business, obtained first municipal contracts, and supported growth into a multi-million dollar consulting practice employing 20 professionals EDUCATION UNIVERSITY OF CALIFORNIA, IRVINE – IRVINE, CA ● Business/Managerial Economics AREAS OF EXPERTISE ● Waste Hauling RFP & Performance Reviews ● Waste Hauler Financial Audits ● Waste Management Program Development and Implementation ● Landfill Compliance and Financial Audits ● Municipal Solid Waste Contract Compliance Program Development ● Business Technical Assistance Programs ● Educational Program Development ● Waste Collection Feasibility and Rate Studies ● Grant Application Development/Project Management CURRENT CLIENTS ● Waste City of Costa Mesa, CA – 1992 to Present ● City of Laguna Woods, CA – 2001 to Present ● Costa Mesa Sanitary District – 2010 to Present ● City of Irvine, CA - 2013 to Present ● City of Los Alamitos – 2013 to Present ● City of Diamond Bar – 2015 to Present 242
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43 SARA MADSEN TRIPEPI SMITH – BUSINESS ANALYST/GRAPHIC ARTIST 01/21 – PRESENT ● Project Management: Serve as project manager lead across multiple clients; execute project management tasks and ensure deliverables are completed efficiently and meet and exceed client quality expectations ● Graphic Design: Manage creative strategy and execute graphic design on assignments such as logo development and infographic design ● Website Development: Manage website design process, content transfer, modification and maintenance ● Writing: Produce and distribute social media, articles, newsletters, surveys and press releases TRIPEPI SMITH – JUNIOR BUSINESS ANALYST/GRAPHIC ARTIST 07/18 – 12/20 ● Execute graphic design on layout and concept design of brand-consistent print and web projects ● Manage website design, modification and maintenance ● Produce and distribute social media, articles, newsletters, surveys and press releases ● Set up, assistance and publication of e-newsletter campaigns and additional email marketing EDUCATION ● Bachelor of Science in Marketing, Concentration: Integrated Marketing Communications, Minor in Sustainability – San Diego State University – San Diego, CA – Cum Laude ● Associate of Arts in Visual Communications – Fashion Institute of Design and Merchandising – Los Angeles, CA – Magna Cum Laude PROFESSIONAL DEVELOPMENT ● UCI Public Policy Making Academy II 03/20 ● CAPIO “Facebook and Instagram for Government” Workshop 12/19 ● USC Executive Education Forum for Policy and Administration 10/19 CERTIFICATIONS ● Constant Contact Certified Solutions Provider 09/21 ● Hootsuite Social Marketing 06/19 SOFTWARE ● Adobe Illustrator ● Adobe Photoshop ● Adobe InDesign ● Adobe Lightroom ● Constant Contact ● Hootsuite ● WordPress ● Canva ● Microsoft Office 243
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44 KYLIE BENZING TRIPEPI SMITH – JUNIOR BUSINESS ANALYST 06/21 – PRESENT ● Conduct market research to provide client insights ● Develop strategy to improve social media marketing efforts ● Write stories and press releases for the firm’s website and city clients TSG REPORTING – OPERATIONS ASSOCIATE 11/20 – 04/21 ● Consulted with worldwide law firms to provide them with proper litigation needs ● Managed the schedules of 300+ global reporters, videographers and digital operators ● Provided technical support to prepare all litigation staff for remote work ● Set up and monitored 50+ Zoom meetings daily to ensure logistical success. TSE WORLDWIDE PRESS – SOCIAL MEDIA MARKETING MANAGER 05/20 – 11/20 ● Reconstructed and co-designed a new website for TSE Worldwide Press ● Initiated marketing and PR tactics to build the branding for entrepreneur Sarah Tse ● Implemented a social media marketing plan for the company and entrepreneur ● Redesigned the branding of the entrepreneur's various social media platforms BIOLA UNIVERSITY – ADMINISTRATIVE ASSISTANT 10/17 – 11/20 ● Monitored daily and weekly schedules and monthly calendar obligations for Academic Advisor ● Built and tracked degree checklists for students before academic advising sessions ● Worked closely and diligently with faculty members to help them in achieving their goals ● Assisted with management and tracking of event information and ticketing ● Input travel documentation and expenses for speakers, faculty and event planning teams ● Liaison between the accounting, purchasing and cashier departments EDUCATION ● Bachelor of Science in Business Administration - Management – Biola University – La Mirada, CA o Dean’s List Recipient CERTIFICATIONS ● Hootsuite Social Marketing 06/21 SOFTWARE ● Google Suite ● Microsoft Office ● Canva 244
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45 ANNE JANG TRIPEPI SMITH – JUNIOR BUSINESS ANALYST 01/21 – PRESENT ● Research and produce deliverables on diverse local governance topics ● Write stories and press releases for the firm’s website and city clients ● Execute graphic design on layout and concept design of brand-consistent print and web projects ORANGE COUNTY BOARD OF SUPERVISORS – POLICY AND LEGISLATIVE INTERN 01/20 – 05/20 ● Delivered promotional content to the creative production team and organized and logged ongoing footage ● Collaborated with graphic designers to provide art direction for promotional artwork development ● Researched the competitive landscape, analyzed valuable partnerships and arrange visual presentations POLICY LAB – STUDENT ANALYST 08/19 – 12/19 ● Researched pertinent policy issues, created visualizations, composed memos, and presented findings to clients ● Analyzed and conducted research for Congressional Earmark Reform on behalf of the R Street Institute VETERANS LEGAL INSTITUTE – MARKETING AND LEGAL ASSISTANT 05/18 – 07/19 ● Researched and contacted over 300 organizations and individuals requesting fundraising support ● Designed a case statement conveying the mission and future needs of the Institute graphically ● Collaborated with Director of Development and Executive Director on other responsibilities as assigned BERGENER MIREJOVSKY LAW – MARKETING AND LEGAL ASSISTANT 07/18 – 08/18 ● Developed website by building graphics and writing content ● Conducted research, identified problems and advised readers about preventable accidents ● Supported marketing executive in projects aimed at promoting firm, event planning, and publicity EDUCATION ● Bachelor of Arts in Government and Philosophy – Claremont McKenna College – Claremont, CA CERTIFICATIONS ● Hootsuite Social Marketing 01/21 SOFTWARE ● Adobe Photoshop ● Adobe Illustrator ● Adobe InDesign ● Adobe Lightroom ● Canva

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Agenda Item
City Council
Item #: 3.15. 5/10/2022 File #: 22-0228
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $23,658 in designated continuing education funding received from the Rancho Santiago Community College District.

2. SUMMARY
Rancho Santiago Community College District (Santa Ana College) partners with the Orange City Fire Department to provide reimbursement for mandatory training hours performed by staff. Staff is requesting acceptance of $23,658 in revenue and its appropriation into the Fiscal Year 2021-2022 budget.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $23,658 in continuing education funds from Rancho Santiago Community College District into revenue account number 100.3023.48210.20234, General Fund - Santa Ana College Fire Training.

2. Authorize the appropriation of $23,658 into expenditure account number 100.3023.51840.20234, General Fund - Santa Ana College Fire Training.

4. FISCAL IMPACT
The total appropriation for this reimbursement is funded by the additional revenue received from the Rancho Santiago Community College District.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a. Analyze future fiscal needs and potential revenue opportunities.

6. DISCUSSION AND BACKGROUND
The Orange City Fire Department (Fire) safety personnel are required to attend a minimum of 20 hours of training per month. Training is directed either by outside subject matter experts, or by Orange City Fire captains who have obtained 1A or 1B certification.

Rancho Santiago Community College District, Santa Ana College (College), receives state funds to administer this training and can redirect a portion of the funds to fire departments that enroll their personnel as students at the College. Fire is a party to an agreement whereby the College pays the Department $3.50 per firefighter for each hour of training the firefighter attends. Such funds may be City of Orange Printed on 5/5/2022Page 1 of 2
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used for Fire Department training expenses and other operational needs.

Training curriculum sponsored by Santa Ana College is chosen based on the guidelines set forth by the California Community Colleges Chancellor’sOffice (CCCCO). Curriculum is divided into several different courses that are required by Cal-OSHA and designed for large group instruction. The Fire Department utilizes subject matter experts to conduct the training to address the required material.

Training hours are recorded and the total number of hours are then calculated each semester by the Fire Department’s Training Captain and submitted as an invoice to Santa Ana College.

Funds received from Santa Ana College give the Fire Department the ability to pay for outside instructors when the department does not have a subject matter expert for required training. They also fund improved training aids, books, materials and equipment, as well as assisting with other operational needs beyond the Fire Department’s available fiscal year budget.

The Fire Department recently received a check for $23,658 from Rancho Santiago Community College District, which need to be appropriated into the Fire Department’s budget.

7. ATTACHMENTS
· Standard Inter-Agency Instructional Services Agreement City of Orange Printed on 5/5/2022Page 2 of 2
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Agenda Item
City Council
Item #: 3.15. 5/10/2022 File #: 22-0228
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $23,658 in designated continuing education funding received from the Rancho Santiago Community College District.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $23,658 in continuing education funds from Rancho Santiago Community College District into revenue account number 100.3023.48210.20234, General Fund - Santa Ana College Fire Training.

2. Authorize the appropriation of $23,658 into expenditure account number 100.3023.51840.20234, General Fund - Santa Ana College Fire Training.

4. FISCAL IMPACT
The total appropriation for this reimbursement is funded by the additional revenue received from the Rancho Santiago Community College District.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a. Analyze future fiscal needs and potential revenue opportunities.

Rancho Santiago Community College District, Santa Ana College (College), receives state funds to administer this training and can redirect a portion of the funds to fire departments that enroll their personnel as students at the College. Fire is a party to an agreement whereby the College pays the Department $3.50 per firefighter for each hour of training the firefighter attends. Such funds may be City of Orange Printed on 5/5/2022Page 1 of 2
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Item #: 3.15. 5/10/2022 File #: 22-0228
used for Fire Department training expenses and other operational needs.

Training hours are recorded and the total number of hours are then calculated each semester by the Fire Department’s Training Captain and submitted as an invoice to Santa Ana College.

The Fire Department recently received a check for $23,658 from Rancho Santiago Community College District, which need to be appropriated into the Fire Department’s budget.

7. ATTACHMENTS
· Standard Inter-Agency Instructional Services Agreement City of Orange Printed on 5/5/2022Page 2 of 2
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Agenda Item
City Council
Item #: 3.16. 5/10/2022 File #: 22-0265
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $198,310.43 in State of California Office of Emergency Services funding received.

2. SUMMARY
Costs for strike team and individual overhead deployments represent non-budgeted expenditures for the Fire Department. These costs are reimbursed by the State of California Office of Emergency Services at a later date. Staff is requesting that funds be appropriated into the appropriate expenditure accounts for Fiscal Year 2021-2022.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $198,310.43 in strike team reimbursement funds from the California Office of Emergency Services (Cal-OES), into the revenue account numbers for Cal -OES reimbursements as specified in Section 6 of the staff report.

2. Authorize the appropriation of $195,902.80 into the expenditure account number for Overtime- Safety as specified in Section 6 of the staff report.

3. Authorize the appropriation of $2,407.63 into the expenditure account numbers for Strike Team Expenditures as specified in Section 6 of the staff report.

4. FISCAL IMPACT
The total appropriations for this reimbursement are funded by the additional revenue received from the State of California Office of Emergency Services.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a. Provide staffing and resources to deliver services that ensure public safety.

6. DISCUSSION AND BACKGROUND
The Orange City Fire Department is a party to a state-level agreement with the State of California Office of Emergency Services (Cal-OES) to provide fire and emergency assistance to state and federal fire agencies. This agreement is managed by Cal-OES and referred to as the California Fire Assistance Agreement (CFAA). Under this agreement, the Orange City Fire Department generally provides resources two different ways: Strike Teams and Individual Overhead.

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Strike team deployments involve an Engine Company, or a Battalion Chief, or a Deputy Chief responding to an incident with their vehicle, as part of a multi-agency team. Individual Overhead resources respond to fill a specific role for an incident, such as Safety Officer or Line Emergency Medical Technician (EMT).

Upon return from an incident, reimbursement paperwork and invoices are submitted to Cal-OES. The Fire Department recently received a reimbursement payment for Windy Fire for $198,310.43. Staff is requesting that funds be appropriated into the appropriate expenditure accounts for Fiscal Year 2021- 2022. The additional funds will reimburse Fire Department overtime and travel expenditures incurred during these incidents.

Staff recommends acceptance of revenue and appropriation of expenditures as follows:

Cal-OES reimbursements for the Windy Fire:
$ 198,310.43 100.3024.48212.40283 - Reimbursement from Cal EMA $ 195,902.80 100.3024.50221.40283 - Overtime-Safety
$ 2,407.63 100.3024.53860.40283 - Strike Team Expenditures

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.16. 5/10/2022 File #: 22-0265
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $198,310.43 in State of California Office of Emergency Services funding received.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $198,310.43 in strike team reimbursement funds from the California Office of Emergency Services (Cal-OES), into the revenue account numbers for Cal -OES reimbursements as specified in Section 6 of the staff report.

2. Authorize the appropriation of $195,902.80 into the expenditure account number for Overtime- Safety as specified in Section 6 of the staff report.

3. Authorize the appropriation of $2,407.63 into the expenditure account numbers for Strike Team Expenditures as specified in Section 6 of the staff report.

4. FISCAL IMPACT
The total appropriations for this reimbursement are funded by the additional revenue received from the State of California Office of Emergency Services.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a. Provide staffing and resources to deliver services that ensure public safety.

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Strike team deployments involve an Engine Company, or a Battalion Chief, or a Deputy Chief responding to an incident with their vehicle, as part of a multi-agency team. Individual Overhead resources respond to fill a specific role for an incident, such as Safety Officer or Line Emergency Medical Technician (EMT).

Staff recommends acceptance of revenue and appropriation of expenditures as follows:

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.17. 5/10/2022 File #: 22-0279
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Appropriation of $40,460 in revenue from community partnership donations and user group maintenance fees.

2. SUMMARY
Collected and donated revenues are recommended to be appropriated for 2022 City special events and sports field maintenance and renovation.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $40,460 in community partnership donations and user group maintenance fees into the following accounts:
a. $40,000 100.7015.48390.30197 Donations-2022 Special Events Season b. $ 460 100.7022.42480.00000 User Group Maintenance Fees

2. Authorize the appropriation of $40,000 to expenditure account number 100.1015.51355.30197, General Fund - Special Events-2022 Season.

3. Authorize the appropriation of $460 to expenditure account number 100.7022.51424.00000, General Fund - User Group Maintenance.

4. FISCAL IMPACT
The revenue received funds the requested appropriation.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community a: Refurbish, maintain, develop and/or expand public use places and spaces.

6. DISCUSSION AND BACKGROUND
Community Partnership Donation
The City’s annual Community Partnership Program solicits donations to support Citywide special events. The City’sdonation policy states that single donations greater than $5,000 may only be accepted and appropriated by the City Council. Chapman University committed to becoming an “Orange Tree” partner and provide a $10,000 donation for the 2022 Special Event Season.

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provided a $10,000 partnership donation each.

Orange County Supervisor Donald P. Wagner and Orange International Street Fair became “Whole Orange”partners for the 2022 Special Event Season and donated $5,000 each. Staff is requesting a total of $40,000 to be accepted and appropriated to help cover the cost of the City’sannual special events.

Sports Field Maintenance Fees
The Community Services Department charges fees to sports field users when significant use is anticipated to impact field maintenance. This Fiscal Year to date, the City charged one $400 Maintenance Fee for High Impact/Use to Duke Softball for a softball clinic it held in December 2021 at El Camino Real Park.

Additionally, the City charges a Field Preparation fee to specified field renters at their request. One field preparation was completed at Steve Ambriz Memorial Park for a resident, billed at a rate of $60.

Staff is requesting the appropriation of $460 in User Group Maintenance fees to the associated expenditure account.

Summary of Revenue Sources
The total appropriation request is $40,460.

Revenue Source Total Collected Location
Chapman University $10,000 Community Partnership Program Ricci Realty 10,000 Community Partnership Program Wilson Automotive 10,000 Community Partnership Program OC Supervisor Donald P. Wagner 5,000 Community Partnership Program Orange International Street Fair 5,000 Community Partnership Program Duke Softball 400 El Camino Real Park
Resident 60 Steve Ambriz Memorial Park
TOTAL $40,460

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.17. 5/10/2022 File #: 22-0279
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Appropriation of $40,460 in revenue from community partnership donations and user group maintenance fees.

2. SUMMARY
Collected and donated revenues are recommended to be appropriated for 2022 City special events and sports field maintenance and renovation.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $40,460 in community partnership donations and user group maintenance fees into the following accounts:
a. $40,000 100.7015.48390.30197 Donations-2022 Special Events Season b. $ 460 100.7022.42480.00000 User Group Maintenance Fees

2. Authorize the appropriation of $40,000 to expenditure account number 100.1015.51355.30197, General Fund - Special Events-2022 Season.

3. Authorize the appropriation of $460 to expenditure account number 100.7022.51424.00000, General Fund - User Group Maintenance.

4. FISCAL IMPACT
The revenue received funds the requested appropriation.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community a: Refurbish, maintain, develop and/or expand public use places and spaces.

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provided a $10,000 partnership donation each.

Staff is requesting the appropriation of $460 in User Group Maintenance fees to the associated expenditure account.

Summary of Revenue Sources
The total appropriation request is $40,460.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.18. 5/10/2022 File #: 22-0222
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications and authorization to advertise for bids for Steel Streetlight Pole Replacement, Fiscal Year 2021-2022.

2. SUMMARY
Plans and specifications have been prepared for the Steel Streetlight Pole Replacement, Fiscal Year 2021-2022 and are ready to be advertised for bids. The total estimated construction cost, including 15% for contingencies and construction engineering is $470,000.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for bids; Bid No. 21-22.36, SP-4196.

4. FISCAL IMPACT
The total expenditure for this contract is $470,000 and will be funded in Streetlight Pole Replacement Program (20374) through 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
As an energy cost-saving measure in 2017, the City acquired 4,359 streetlight poles from Southern California Edison (SCE). About 2,024 of the acquired poles are steel poles of varying condition, some of which are connected by way of overhead electrical wires. As part of the SCE light pole acquisition, a portion of the annual savings ($120,000) has been programmed to identify and replace the steel poles that have shown sign of deterioration and in areas of high overhead maintenance.

Based on the ability to accumulate funding, a varying number of steel streetlight poles will be replaced with City standard LED-retrofitted concrete poles and existing overhead wires will be converted to underground conduits. At the time of the acquisition many of the steel poles were sampled to check their condition. The majority of the poles were found to be in fair to good condition, so at this time, the City can selectively replace these poles as needed with the available funding.

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However, as the condition of the steel poles continues to deteriorate over time and as construction costs escalate, additional funding will likely be needed in future years to further augment the replacement program.

The poles to be replaced are dispersed throughout the City. The 22 poles selected for replacement for this year’sproject were identified and prioritized based on their condition and proximity to parkway trees. These poles and wires are at higher risk of damage and ensuing need for maintenance/repair due to falling tree branches.

7. ATTACHMENTS
· Location Maps
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Agenda Item
City Council
Item #: 3.18. 5/10/2022 File #: 22-0222
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications and authorization to advertise for bids for Steel Streetlight Pole Replacement, Fiscal Year 2021-2022.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for bids; Bid No. 21-22.36, SP-4196.

4. FISCAL IMPACT
The total expenditure for this contract is $470,000 and will be funded in Streetlight Pole Replacement Program (20374) through 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.

However, as the condition of the steel poles continues to deteriorate over time and as construction City of Orange Printed on 5/5/2022Page 1 of 2
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However, as the condition of the steel poles continues to deteriorate over time and as construction costs escalate, additional funding will likely be needed in future years to further augment the replacement program.

7. ATTACHMENTS
· Location Maps
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21-22 Steel Streetlight Replacement - Tract 1
3/31/2022, 9:10:47 AM
J
0 460 920 1,380 1,840230
ft
272
21-22 Steel Streetlight Replacement - Tract 2
3/31/2022, 9:14:34 AM
J
0 230 460 690 920115
ft
273
Agenda Item
City Council
Item #: 3.19. 5/10/2022 File #: 22-0276
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Replacement of the Emergency Generator and Automatic Transfer Switch at the Water Division Headquarters (W-718), and authorization to advertise for bids.

2. SUMMARY
Plans and specifications have been completed for Replacement of the Emergency Generator and Automatic Transfer Switch at the Water Division Headquarters. The project is ready to be advertised for bids. The preliminary cost estimate including 10% for contingencies and construction engineering is $170,000.

3. RECOMMENDED ACTION
Approve the plans and specifications, and authorize advertising for bids; Bid No. 22-23.01.

4. FISCAL IMPACT
The total expenditure for this project is $170,000 and will be funded in Emergency Generator (18925) through the 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
To effectively minimize service interruption to the Water Division Headquarters at 189 S. Water St., replacement of the existing emergency generator and automatic transfer switch is proposed.

Currently, the existing system has reached the end of its useful life and requires extensive maintenance to ensure its operational reliability.

The Water Division has retained Gevork Consulting Engineering, Inc. to complete the design of plans and specifications for replacement of the emergency generator and automatic transfer switch. Plans and specifications for this project call for furnishing and installing one 100KW/125KVA, 120/240V emergency power generator and one 225A, 240V automatic transfer switch. The proposed sound attenuated generator will comply with the City’scurrent noise standard and be equipped with spill City of Orange Printed on 5/5/2022Page 1 of 2
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attenuated generator will comply with the City’scurrent noise standard and be equipped with spill control and secondary containment storage tanks situated aboveground atop a concrete pad to prevent potential leakage during an emergency or operational maintenance. The generator fuel tank capacity is designed for 24 hours of continuous operation.

The total estimated construction cost including 10% for contingencies and construction engineering is $170,000.

This project is categorically exempt from the California Environmental Quality Act CEQA Guidelines Section 15301, Class 1- Existing Facilities. This exemption applies to minor alterations to existing public or private structure or facilities, involving negligible or no expansion of the existing use. The project falls within this exemption because it involves replacing an existing emergency generator and existing automatic transfer unit. The purpose of the generator is to ensure that electricity is available to power existing Water Division Offices during an emergency event. Therefore, the project does not expand the existing use.

7. ATTACHMENTS
· Location Map
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Agenda Item
City Council
Item #: 3.19. 5/10/2022 File #: 22-0276
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

3. RECOMMENDED ACTION
Approve the plans and specifications, and authorize advertising for bids; Bid No. 22-23.01.

4. FISCAL IMPACT
The total expenditure for this project is $170,000 and will be funded in Emergency Generator (18925) through the 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.

Currently, the existing system has reached the end of its useful life and requires extensive maintenance to ensure its operational reliability.

The Water Division has retained Gevork Consulting Engineering, Inc. to complete the design of plans and specifications for replacement of the emergency generator and automatic transfer switch. Plans and specifications for this project call for furnishing and installing one 100KW/125KVA, 120/240V emergency power generator and one 225A, 240V automatic transfer switch. The proposed sound attenuated generator will comply with the City’scurrent noise standard and be equipped with spill City of Orange Printed on 5/5/2022Page 1 of 2
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attenuated generator will comply with the City’scurrent noise standard and be equipped with spill control and secondary containment storage tanks situated aboveground atop a concrete pad to prevent potential leakage during an emergency or operational maintenance. The generator fuel tank capacity is designed for 24 hours of continuous operation.

The total estimated construction cost including 10% for contingencies and construction engineering is $170,000.

7. ATTACHMENTS
· Location Map
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LOCATION MAP
NTS

REPLACEMENT OF EMERGENCY

GENERATOR AND AUTOMATIC

TRANSFER SWITCH AT WATER
DIVISION HEADQUARTERS (W-718)
N
278
Agenda Item
City Council
Item #: 3.20. 5/10/2022 File #: 22-0249
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Gary A. Sheatz, City Attorney

1. SUBJECT
Claims for Damages.

2. SUMMARY
Four claims have been received and investigated by the City Attorney’s Office and/or the Risk Manager with the involved departments.

3. RECOMMENDED ACTION
Deny the following claims and refer to City Attorney and Claims Adjuster:

1. Dalante Bell

2. Esther Castillo

3. Ricardo V. Lopez

4. Enrique Valadez-Ortiz

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.

6. DISCUSSION AND BACKGROUND

1. Claim for damages from Dalante Bell alleging violation of civil rights due to contact with the Orange Police Department.

2. Claim for damages from Esther Castillo alleging personal injury when Claimant tripped and fell on a City sidewalk.

3. Claim for damages from Ricardo V. Lopez alleging property damage to residence irrigation line due to City street maintenance.

4. Claim for damages from Enrique Valadez-Ortiz alleging personal injury when Claimant fell in an OCTA bus.

7. ATTACHMENTS
· None.

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Agenda Item
City Council
Item #: 3.20. 5/10/2022 File #: 22-0249
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Gary A. Sheatz, City Attorney

1. SUBJECT
Claims for Damages.

2. SUMMARY
Four claims have been received and investigated by the City Attorney’s Office and/or the Risk Manager with the involved departments.

3. RECOMMENDED ACTION
Deny the following claims and refer to City Attorney and Claims Adjuster:

1. Dalante Bell

2. Esther Castillo

3. Ricardo V. Lopez

4. Enrique Valadez-Ortiz

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.

6. DISCUSSION AND BACKGROUND

1. Claim for damages from Dalante Bell alleging violation of civil rights due to contact with the Orange Police Department.

2. Claim for damages from Esther Castillo alleging personal injury when Claimant tripped and fell on a City sidewalk.

3. Claim for damages from Ricardo V. Lopez alleging property damage to residence irrigation line due to City street maintenance.

4. Claim for damages from Enrique Valadez-Ortiz alleging personal injury when Claimant fell in an OCTA bus.

7. ATTACHMENTS
· None.

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Agenda Item
City Council
Item #: 3.21. 5/10/2022 File #: 22-0257
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange repealing Chapter 2.50 of the Orange Municipal Code to Eliminate the Investment Oversight Committee due to the creation of the Investment and Audit Committee. Ordinance No. 02-22.

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on April 12, 2022.

The Ordinance is now presented for Second Reading by title only, and adoption.

Vote at First Reading: AYES: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, Murphy
NOES: None
ABSENT: None

3. RECOMMENDED ACTION
Adopt Ordinance No. 02-22.

4. ATTACHMENTS
· Ordinance No. 02-22
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Agenda Item
City Council
Item #: 3.21. 5/10/2022 File #: 22-0257
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Pamela Coleman, City Clerk

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on April 12, 2022.

The Ordinance is now presented for Second Reading by title only, and adoption.

Vote at First Reading: AYES: Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, Murphy
NOES: None
ABSENT: None

3. RECOMMENDED ACTION
Adopt Ordinance No. 02-22.

4. ATTACHMENTS
· Ordinance No. 02-22
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ORDINANCE NO. 02-22

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF ORANGE REPEALING
CHAPTER 2.50 OF THE ORANGE

MUNICIPAL CODE TO ELIMINATE THE

INVESTMENT OVERSIGHT COMMITTEE

DUE TO THE CREATION OF THE

INVESTMENT AND AUDIT COMMITTEE
WHEREAS, the City of Orange (“City”) is a general law city, duly organized under the Constitution and laws of the State of California; and WHEREAS, Section 53600 et seq. of the Government Code sets forth investment authority in the City Council; and
WHEREAS, Orange Municipal Code Chapter 2.50 sets forth the duties and responsibilities of the Investment Oversight Committee; and WHEREAS, the City Council approved Resolution No. 11387, which established the Investment and Audit Committee among other provisions; and WHEREAS, the new Investment and Audit Committee shares the same duties and responsibilities as the Investment Oversight Committee; and WHEREAS, the City Council finds that the existence of the new Investment and Audit Committee and the duties and responsibilities of the City Treasurer, City Manager, and Finance Director, in their roles as defined by the Orange Municipal Code, provide sufficient oversight of the City’s investments;
NOW, THEREFORE, the City Council of the City of Orange does ordain as follows:

SECTION I:

Chapter 2.50 of the Orange Municipal Code (Administration and Personnel – Investment Oversight Committee) is hereby repealed in its entirety.

SECTION II:

If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, 283
2 subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.

SECTION III:

The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.

ADOPTED this ____ day of ___________________, 2022.

Mark A. Murphy, Mayor, City of Orange
ATTEST:

Pamela Coleman, City Clerk, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the ___ day of _____________, 2022, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 2022 was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
284
Agenda Item
City Council
Item #: 3.22. 5/10/2022 File #: 22-0232
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Authorize rental services for core service facilities with United Rentals (North America), Inc. for the 517 W. Struck Transition Plan.

2. SUMMARY
Request for City Council to authorize a $360,000 purchase order with United Rentals (North America), Inc. for up one year of core service facility rentals (i.e., shower trailers and portable restrooms) for the 517 W. Struck Transition Plan. United Rentals has a Sourcewell Cooperative Purchasing Agreement number 062320-URI which the City may use to retain services.

3. RECOMMENDED ACTION
Approve purchase order of $360,000 with United Rentals (North America), Inc. for core service facility rentals using the Sourcewell Cooperative Purchasing Agreement number 062320-URI.

4. FISCAL IMPACT
The total expenditure for this purchase order is $360,000 and will be funded through the Community Development Block Grant (310).

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
The City has developed a plan to provide core services for its unhoused community, a population that has been affected by COVID-19, as Mary’sKitchen vacates the property located at 517 W. Struck Avenue. The City is collaborating with local nonprofit organizations and contracting with several vendors to provide food services, mail pick-up, showers and restroom facilities (including ADA facilities), and laundry services. The COVID-19 pandemic has impacted this population; providing showers, restroom facilities and laundry services is essential in promoting good hygiene to reduce rate of infection/sickness that can be caused by COVID-19.

United Rentals (North America), Inc. provided the lowest cost for a shower trailer, which includes eight showers, and six portable restrooms and two wash sinks. United Rentals has a cooperative purchasing agreement (CPA) through Sourcewell (number 062320-URI) for the City to retain services and lock in rates. Under the CPA, the cost is approximately $30,000 per month for facility rentals and City of Orange Printed on 5/5/2022Page 1 of 2
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and lock in rates. Under the CPA, the cost is approximately $30,000 per month for facility rentals and servicing.

Securing the necessary units required lead-times for the vendor of upwards of one month. As a result, the City currently has a purchase order in the amount of $30,000 to complete shower and restroom services for May 2022.

The City is committed to providing services for one year, unless otherwise directed by the Court, at an estimated cost of approximately $360,000 and therefore, staff is requesting authorization for a purchase order with United Rentals in this amount.

At its April 12, 2022 meeting, the City Council appropriated $746,884.76 in Community Development Block Grant (310) funding for the 517 W. Struck Avenue Transition Plan. This expense will be funded through this appropriation. Should additional funding be required for this or any other transition plan services, staff will return to the City Council with an additional appropriation request. The City also has purchase orders for rental services with US Mobile Kitchen for a laundry trailer and Royal Restrooms for ADA showers. Staff anticipates bringing forward agreements for these services to the Council in the future.

7. ATTACHMENTS
· Cooperative Purchasing Agreement with United Rentals (North America), Inc.

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Agenda Item
City Council
Item #: 3.22. 5/10/2022 File #: 22-0232
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Authorize rental services for core service facilities with United Rentals (North America), Inc. for the 517 W. Struck Transition Plan.

4. FISCAL IMPACT
The total expenditure for this purchase order is $360,000 and will be funded through the Community Development Block Grant (310).

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

United Rentals (North America), Inc. provided the lowest cost for a shower trailer, which includes eight showers, and six portable restrooms and two wash sinks. United Rentals has a cooperative purchasing agreement (CPA) through Sourcewell (number 062320-URI) for the City to retain services and lock in rates. Under the CPA, the cost is approximately $30,000 per month for facility rentals and City of Orange Printed on 5/5/2022Page 1 of 2
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and lock in rates. Under the CPA, the cost is approximately $30,000 per month for facility rentals and servicing.

7. ATTACHMENTS
· Cooperative Purchasing Agreement with United Rentals (North America), Inc.

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Solicitation Number: RFP #062320

CONTRACT

This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and United Rentals (North America) Inc., 100 First Stamford Place, Suite 700, Stamford, CT 06902 (Vendor).

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT

A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires August 27, 2024 unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.

C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES

A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in

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Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY.The following warranties apply:

For equipment rentals by a Participating Entity, Vendor warrants that upon delivery the equipment rented hereunder will be in good working condition. If the equipment is not in good working condition upon delivery, Vendor shall promptly repair or replace the equipment at its sole cost and expense. If the equipment requires repair or replacement during the rental period, Vendor will promptly repair or replace the equipment at its sole cost and expense; provided, however, if the repair or replacement is necessary due to Participating Entity’s abuse, misuse, or neglect, then Participating Entity will be responsible for the cost of such repair or replacement. EXCEPT AS SET FORTH HEREIN VENDOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE RENTAL OF EQUIPMENT.

For equipment purchases by a Participating Entity, the only warranty provided with the equipment sold herein is the warranty provided by the original equipment manufacturer (“OEM”). Vendor will pass through all warranties, to the extent allowable, that the OEM provides. If a warranty claim is approved by the OEM and the OEM authorizes Vendor to repair or replace the equipment, Vendor will do so. ALL WARRANTIES, INCLUDING ANY IMPLIED

WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED AND DISCLAIMED.

For services provided to a Participating Entity, Vendor warrants the services will be performed in a good and workmanlike manner. The duration of the warranty shall be 30 days after the service is completed. If during the 30-day warranty period the equipment requires additional service, because of defective original service or a defective replacement part(s), then Vendor will re-perform the defective service and/or replace the defective part at its sole cost and expense. If the equipment has been subject to abuse, misuse, or neglect, Vendor shall have no obligation to re-perform the service or replace any part(s). The only warranty on replacement parts provided with Vendor’s service herein is the warranty provided by the original equipment manufacturer (“OEM”). Vendor will pass through all warranties, to the extent allowable, that the OEM provides. If a warranty claim on such replacement part is approved by the OEM and the OEM authorizes Vendor to repair or replace the part, Vendor will do so. EXCEPT AS SET

FORTH HEREIN VENDOR DISCLAIMS ALL OTHER WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO REPLACEMENT PARTS AND SERVICE OF EQUIPMENT.

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C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.

Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

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C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:

x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service

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Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential members to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract.

Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. PERFORMANCE BOND. If requested by a Participating Entity, Vendor will provide a performance bond that meets the requirements set forth in the Participating Entity’s order.

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D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

E. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or

3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity.

F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).

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The Report must contain the following fields:

x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter.

Administrative fee will only be due and owing on invoices paid by the Participating Entity, and no administrative fee will be due if Vendor has not received payment from the Participating Entity. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above “Attn: Accounts Receivable.” Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

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9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.

10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.

B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.

C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.

D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.

E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. LIABILITY

Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the negligence or willful misconduct of Vendor during the performance of this Contract by the Vendor or its agents or employees. Vendor’s liability for costs and expenses hereunder shall be limited to those that are reasonable and actual, including attorneys’ fees. In no event will Vendor be liable for incidental, special or consequential damages.

12. AUDITS

Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of 6 years from

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the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

13. GOVERNMENT DATA PRACTICES

Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.

If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.

14. INDEMNIFICATION

As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws.

15. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article.

Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.

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a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.

D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.

16. GOVERNING LAW, JURISDICTION, AND VENUE

Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.

17. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

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18. SEVERABILITY

If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.

19. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

20. INSURANCE

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A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

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5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract.

Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate

6. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate

Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without 30 days’ prior written notice to the Vendor.

Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is

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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies).

F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to Sourcewell’s approval.

21. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.

22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.

Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

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23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.

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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names

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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation

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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

24. CANCELLATION

Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.

Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell United Rentals (North America) Inc.

By: __________________________ By: __________________________ Jeremy Schwartz Craig A. Schmidt
Title: Director of Operations &
Procurement/CPO
Title: Vice President National Accounts

Date: ________________________
Date: ________________________
Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO

Date: ________________________

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336
Bid Number: RFP 062320 Vendor Name: UNITED RENTALS (NORTH AMERICA), INC. 95 Describe the extent to which your proposal includes a customer owned equipment repair program. f applicable,
describe the types of repair procedures, including
transportation, on-site repair, labor and parts costs, or warranty offering.

How you manage your fleet can have a big impact on
driving overall worksite performance. And that's why we created a site-specific Fleet Maintenance Management
Program to help you maintain-and manage-your owned
equipment and site vehicles using the same systems,
processes and expertise we apply every day to our more
than 14+ billion dollars in fleet.

From inspections and repairs to utilization tracking and strategic consulting, our experts can keep your assets ready when you are-and help you get the most from your
investment in fleet.

Working together, we'll build out a site-specific program that maximizes the benefits based on your site's needs. You focus on running your worksite, while we turn the challenges of managing your fleet into an efficient, hassle-free operation.

Primary components of most fleet management solutions
include:
• Maintenance Services
• Parts and Material Management
• Fleet Systems
• Fleet Advisory

We'll station a dedicated team of our factory-trained,
certified mechanics right on your site. No repair is too complex, and every repair is done with the same level of quality and expertise we use to condition our more than 690K+ unit rental fleet. f we can't service something
ourselves, we'll contract the right vendors on your behalf.

We will design a parts and material program to meet the immediate needs of critical and non-essential assets while balancing the requirements (and expense!) of stocked parts to that of just-in-time delivery. We have the brands you rely on for every kind of fix, from routine tune-ups to major repair.

All labor pricing is included in the attached pricing
spreadsheet.

Exceptions to Terms, Conditions, or Specifications Form

Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.

Documents

Ensure your submission document(s) conforms to the following :

1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.

2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. t is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.

3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.

4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to th e Marketing Plan category save the document as "Marketing Plan."

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Agenda Item
City Council
Item #: 3.23. 5/10/2022 File #: 22-0235
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 Winchester Law Enforcement Ammunition from Dooley Enterprises, Inc. as a sole source vendor.

2. SUMMARY
The Police Department purchases Winchester Law Enforcement Ammunition to supply officers with ammunition for department-issued firearms. This purchase allows for the continuation of ammunition supplies for Fiscal Year 2022-2023.

3. RECOMMENDED ACTION
Approve the sole source purchase of ammunition from Dooley Enterprises, Inc. for $88,000.

4. FISCAL IMPACT
The total expenditure for this purchase is $88,000 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

6. DISCUSSION AND BACKGROUND
The Police Department currently uses Winchester Law Enforcement Ammunition during training and field operations to maintain proficiency with firearms. Staff has researched available competitive options and certifies the required ammunition is distributed by only one vendor. Dooley Enterprises, Inc. (Dooley’s)of Anaheim, California, is the only authorized California distributor for this brand. The proximity of Dooley’swith the department allows for purchases in small quantities and allows for product pick-up on an as-need basis. The Council has previously authorized Dooley’s as a sole source vendor and this sole source specification is a continuation of that policy.

The Police Department is requesting the continuation of Winchester Law Enforcement Ammunition supplies during Fiscal Year 2022-2023 from sole source vendor, Dooley’s, for a total amount of $88,000.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.23. 5/10/2022 File #: 22-0235
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 Winchester Law Enforcement Ammunition from Dooley Enterprises, Inc. as a sole source vendor.

3. RECOMMENDED ACTION
Approve the sole source purchase of ammunition from Dooley Enterprises, Inc. for $88,000.

4. FISCAL IMPACT
The total expenditure for this purchase is $88,000 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

The Police Department is requesting the continuation of Winchester Law Enforcement Ammunition supplies during Fiscal Year 2022-2023 from sole source vendor, Dooley’s, for a total amount of $88,000.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.24. 5/10/2022 File #: 22-0236
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 ballistic vests and helmets from U.S. Armor Corporation.

2. SUMMARY
Purchase of ballistic vests and helmets from U.S. Armor Corporation using Cooperative Purchasing Agreement from the General Services Administration, Contract No. GS-07F-072DA. This purchase allows for the continuation of ballistic vests and helmets for Fiscal Year 2022-2023.

3. RECOMMENDED ACTION
Approve the purchase of ballistic vests and helmets from U.S. Armor Corporation for $40,000.

4. FISCAL IMPACT
The total expenditure for this purchase is $40,000 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

6. DISCUSSION AND BACKGROUND
It is the policy of the Orange Police Department to maximize officer safety with body armor in combination with recommended safety procedures. The Police Department Training Division is responsible for issuing body armor that meets or exceeds the standards of the National Institute of Justice to all new incoming officers. Currently, the department purchases the Enforcer 6000 series for ballistic vests and Combat helmet exclusively from U.S. Armor Corporation (US Armor). US Armor is the sole manufacturer of the Enforcer 6000 and does not depend on the use of distributors which helps maintain the cost of vests. Additionally, US Armor offers on-site fittings as all vests are custom made. US Armor is headquartered in Santa Fe Springs, California and is also an authorized dealer awarded a General Services Administration (GSA) Contract No. GS-07F-072DA, offering “better- than” GSA pricing.

The Police Department is requesting the continuation of ballistic vests and helmets during Fiscal Year 2022-2023 from US Armor for a total amount of $40,000.

7. ATTACHMENTS
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Item #: 3.24. 5/10/2022 File #: 22-0236
· GSA Amendment GS-07F-072DA
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Agenda Item
City Council
Item #: 3.24. 5/10/2022 File #: 22-0236
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 ballistic vests and helmets from U.S. Armor Corporation.

3. RECOMMENDED ACTION
Approve the purchase of ballistic vests and helmets from U.S. Armor Corporation for $40,000.

4. FISCAL IMPACT
The total expenditure for this purchase is $40,000 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

The Police Department is requesting the continuation of ballistic vests and helmets during Fiscal Year 2022-2023 from US Armor for a total amount of $40,000.

7. ATTACHMENTS
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Item #: 3.24. 5/10/2022 File #: 22-0236
· GSA Amendment GS-07F-072DA
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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1.CONTRACT ID CODE

PAGE OF PAGES
|

AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE

4. REQUISITION/PURCHASE

REQUISITION NUMBER

5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE

7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code)

(X)

9A AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

CODE

FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

is extended

is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a) By completing items 8 and 15, and returning _______ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers.FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14. PURSUANT TO THE AUTHORITY OF FAR 43.103(b). Type of contract modifications Unilateral

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

IMPORTANT:

Contractor:

X
is not

is
required to sign this document and return ___ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings,including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect. 15A. NAME AND TITLE OF SIGNER (Type or print)

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR

__________________________________
(Signature of person authorized to sign)
15C. DATE SIGNED

16B. UNITED STATES OF AMERICA

By _____________________________________
(Signature of Contracting Officer)
16C. DATE SIGNED

PO-0004
General Services Administration
FAS, Greater Southwest Acquisition Center (7FC)
819 Taylor Street, Rm 6A06
Fort Worth, TX 76102
GSA/FAS/QV0CE
77 FORSYTH ST SW
ATLANTA, GA 30303
U.S. ARMOR CORPORATION
10715 BLOOMFIELD AVE

SANTA FE SPRINGS, CA 906703913
GS-07F-072DA
Feb 02, 2016

X See Block 13 Notes...
a. The option is hereby exercised to extend the term of the contract. The period of performance is from 02/02/2021 to 02/01/2026.
b. The pricing during this option period (unless modified IAW other contract terms) will be based on the following approved price list(s):

U.S. Armor 2020 Price List, effective December 2020, Modification PS-0008, dated 12/8/20 Continue next page...
1 2
Feb 02, 2021 MAS
GSA Initiated Mod
Loren S Kolba
Signature Not Required Signed electronically See above Dec 09, 2020

PREVIOUS EDITION UNUSABLE
STANDARD FORM 30 (REV. 11/2016)
Prescribed by GSA FAR (48 CFR) 53.243
347
Continuation of Description...
c. The price discount relationship remain as follows:

U.S. Armor Corporation s Most Favored Customers (MFCs) and the Basis of Award (BOA) for this contract are DEALERs. The price/discount relationship between the Government and MFC will never be less favorable to the Government (GSA) than at the time of award, that is: For the life of the contract, the Government s basic discount will never be less than 54% and will always be at least 54% greater than the 50% discount granted to the MFC, which are DEALERs.
d. The Economic Price Adjustment (EPA) Clause 552.216-70 applies to all items on this contract.
e. The current terms and conditions in effect for this option period are as follows:

Basic Discount: GSA 54%
Quantity Discount: 2% (10-19 units); 4% (20 + units)
Shipping Terms: Origin, Freight Prepaid and Add
Prompt Payment Discount: Net 30
Minimum Order: None
Delivery (Days ARO): 30 DARO
Delivery (Expedited): 21 DARO
Warranty: The manufacturer s Standard Commercial Warranty applies. 5 Years -Ballistic Panels 18 Months Machine Washable Carriers, and 3 years on Non Removable Permanent Covers
Return Policy 60 Day Fit Guarantee with a Restocking Fee of 15% After 60 Days f. This modification incorporates the re representation of size status (FAR 52.212-3( c ) into this contract.
g. The Industrial Funding Fee (IFF) is a separate collection mechanism and any increase or decrease in the fee does not change the price discount relationship stated above. The current IFF is .75% and should be calculated as follows:

Negotiated price divided by (1 minus .0075) which equates to Negotiated price divided by

0.9925. Example: ($100,000 / 0.9925) = $100,755.67
This modification is issued at no cost to either party.

All other terms and conditions remain in effect as originally accepted or subsequently changed by modification.
348
Block 13 Notes
--------------
Block 13.D:

I-FSS-163, Option to Extend the Term of the Contract (Evergreen) 349
Agenda Item
City Council
Item #: 3.25. 5/10/2022 File #: 22-0272
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Will Kolbow, Assistant City Manager/Admin. Services Director

1. SUBJECT
Authorize the purchase of IT professional services, annual support, and products from Sidepath, Inc.

2. SUMMARY
Sidepath, Inc. is the manufacturer’spreferred distributor in our region for several pieces of equipment in our IT environment that require annual support contracts and hardware replacements. In addition, the City has utilized Sidepath to provide network engineering services to assist us as we continue to recruit for our Network/Security Analyst position. Staff is requesting that the City Council authorize staff to continue to utilize Sidepath for these services for the remainder of the fiscal year.

3. RECOMMENDED ACTION
Approve the purchase of IT professional services, annual support, and products from Sidepath, Inc. in the amount of $56,000.

4. FISCAL IMPACT
The total expenditure for this purchase is $56,000 and will be funded through:

Information Systems Operations (780) $46,150
Computer Replacement (790) 9,850
Total $56,000

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

6. DISCUSSION AND BACKGROUND
Sidepath, Inc. is the manufacturer’spreferred distributor in our region for several pieces of equipment in our IT environment that require annual support contracts and hardware replacements. Various network devices are due for annual support renewal, including the Civic and Police Department fabric switches, OC Sheriff firewall, and Public Library firewall. Annual support for these network devices includes software/firmware updates, hardware replacement in the event of a failure, and access to technical support.

The firewall for the Traffic Management Center has reached its end of life and needs to be replaced with a current model along with annual maintenance. In addition, four small form-factor pluggable City of Orange Printed on 5/5/2022Page 1 of 2
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Item #: 3.25. 5/10/2022 File #: 22-0272
with a current model along with annual maintenance. In addition, four small form-factor pluggable (SFP+) connectors for fiber optic connectivity to the new storage area network are needed to take advantage of upgraded speeds. Staff estimates the total amount required to cover these and other related expenditures is $16,000.

As the IT department continues recruiting efforts for the open Network/Security Analyst position, Sidepath, Inc. network engineers have been assisting with network support on an ad-hoc basis over the last several months. The open purchase order that was approved by Council in July, 2021 has been depleted and the IT Department is requesting an additional $40,000 for this support and that City Council authorize staff to continue to utilize Sidepath for these services for the remainder of the fiscal year.

7. ATTACHMENTS
· QUOTE-Professional Services
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Agenda Item
City Council
Item #: 3.25. 5/10/2022 File #: 22-0272
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Will Kolbow, Assistant City Manager/Admin. Services Director

1. SUBJECT
Authorize the purchase of IT professional services, annual support, and products from Sidepath, Inc.

3. RECOMMENDED ACTION
Approve the purchase of IT professional services, annual support, and products from Sidepath, Inc. in the amount of $56,000.

4. FISCAL IMPACT
The total expenditure for this purchase is $56,000 and will be funded through:

Information Systems Operations (780) $46,150
Computer Replacement (790) 9,850
Total $56,000

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

The firewall for the Traffic Management Center has reached its end of life and needs to be replaced with a current model along with annual maintenance. In addition, four small form-factor pluggable City of Orange Printed on 5/5/2022Page 1 of 2
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Item #: 3.25. 5/10/2022 File #: 22-0272
with a current model along with annual maintenance. In addition, four small form-factor pluggable (SFP+) connectors for fiber optic connectivity to the new storage area network are needed to take advantage of upgraded speeds. Staff estimates the total amount required to cover these and other related expenditures is $16,000.

7. ATTACHMENTS
· QUOTE-Professional Services
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Quotation
Date:04/25/2222892 Mill Creek DriveLaguna Hills, CA 92653 Quotation #:SIDQ38661Phone (949)748-8700; Fax (949)748-8706www.sidepath.com Valid Until:05/25/22Prepared By:Ryan DommProject ID:SIDPROJECT35835 Ship To:Bill To:City of Orange City of OrangeSteven Scardina Attn:Steven ScardinaAttn:300 E. Chapman AvenueOrange, CA 92866 300 E. Chapman AvenueOrange, CA 92866Phone:(714) 744-2283 Phone:(714) 744-2283Email:[email protected] Email:[email protected] Qty Item Code Description Unit Price Ext. PriceProfessional Services 160 $250.00 $40,000.00SP-PS Professional Services for Ruckus and Palo AltoPayment Terms from Ship Date: Net 30Pricing does not include Sales Tax or Shipping/Handling unless specifically stated in quote. Product Total $40,000.00CA Shipments: CA Electronic Waste Recycling (eWaste) Fee will apply to monitors, laptops or tablets.

Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by Sidepath's Purchasing Terms and Conditions,which are located at: www.sidepath.com/terms. The Purchasing Terms and Conditions are incorporated herein by reference and available in hard copy upon your request.Note: Sidepath does not collect sales tax for orders shipped out of the state of California. It will be the customer’s responsibility to report the tax as Sales & Use Tax.Please contact me if I can be of further assistance.

THANK YOU FOR YOUR BUSINESS!
Accepted by:_________________________________ Title:_______________________________ Date:___________ PO:_______________________ If you have any questions regarding this quotation, please contact:Ryan Domm | (949) 636-7879 | [email protected] document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient. Page 1 of 1Sidepath -Professional Services 354 Agenda Item
City Council
Item #: 3.26. 5/10/2022 File #: 22-0285
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Richard A. Rohm, City Treasurer
Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Monthly Treasurer’s Reports for January, February, and March 2022.

2. SUMMARY
Presentation of three monthly Treasurer’sReports to the City Council, after the end of the quarter covered by the reports.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
d: Effectively manage and develop City assets.

6. DISCUSSION AND BACKGROUND
The City’scurrent Statement of Investment Policy has been adopted by the City Council of the City of Orange as Resolution 11340 and is in accordance with the California Government Code Sections 53600 et seq. Per the Investment Policy, three monthly investment reports are to be submitted to the City Council within 45 days following the end of the quarter.

As required by the City’s present Investment Policy, the City Treasurer’s report delineates all investments made by the City Treasurer for the City, its special funds, and the Successor Agency funds, by investment type and by broker.

The monthly Compliance Report certifying compliance of all investments with both the Government Code and the City’s Investment Policy is included.

The Investment Portfolio Statement accurately reflects all investments held by the City and its agents as of the end of the month. A reconciliation between total cash and investments and total cash per the General Ledger is also included.

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Item #: 3.26. 5/10/2022 File #: 22-0285
Summary of changes in Treasurer’s cash and investments:

Operating Cash & Investments (1)
Balance @ 12/31/2021 $137,748,672
Monthly Activity:

Cash Received 61,941,235
Cash Disbursed (54,202,377)
Balance @ 3/31/2022 $145,487,530
(1)Includes operating cash and investments (valued at cost). Does not include deposits with administrator, imprest cash, fiscal agent cash and investments, and deferred compensation.

Significant Monthly Cash Transactions:

January February March
Cash Receipts:

Sales Tax Revenue 4,447,739$ 5,702,121 4,116,648
Property Taxes 1,687,480 43,265 2,221,150
Cash Disbursements:

PERS Employee Benefits 674,424 660,027 665,786 Municipal Water District Purchase Water 1,335,357 574,487 475,545 RC Construction ServicesFire Headquarters 1,188,458 1,295,031 - South Coast Fire Equip. Fire Engine/Truck 921,291 - - City of Anaheim Street Widening - - 1,833,768 Ticor Title Company Affordable Housing - - 2,850,000 Excess Cash Receipts 2,424,975 - 4,263,688 Excess Cash Disbursements - 157,238 - LAIF Balance Beginning 48,200,000 55,677,000 53,200,000 Ending 55,677,000 53,200,000 56,900,000
Credit rating on investments
The HSBC medium term note in the portfolio has been downgraded by Standard and Poor’s(S&P) from “A”to “A-“,which is one level below the minimum “A”rating permitted in the investment policy. It should be noted S&P is the only credit rating agency that issued the downgrade. The other two major national rating companies of Moody’s and Fitch have maintained the same bond credit rating.

If a security is downgraded one notch below the quality required in the investment policy, it is considered acceptable to retain such downgraded security in the portfolio. If a security is rated two grades below the required minimum rating, it will trigger an automatic sale of such downgraded security. Staff will continue to monitor the downgraded HSBC investment.

7. ATTACHMENTS
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Item #: 3.26. 5/10/2022 File #: 22-0285
· Investment Report for January 2022
· Investment Report for February 2022
· Investment Report for March 2022
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Agenda Item
City Council
Item #: 3.26. 5/10/2022 File #: 22-0285
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Richard A. Rohm, City Treasurer
Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Monthly Treasurer’s Reports for January, February, and March 2022.

2. SUMMARY
Presentation of three monthly Treasurer’sReports to the City Council, after the end of the quarter covered by the reports.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
d: Effectively manage and develop City assets.

The monthly Compliance Report certifying compliance of all investments with both the Government Code and the City’s Investment Policy is included.

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Item #: 3.26. 5/10/2022 File #: 22-0285
Summary of changes in Treasurer’s cash and investments:

Operating Cash & Investments (1)
Balance @ 12/31/2021 $137,748,672
Monthly Activity:

Significant Monthly Cash Transactions:

January February March
Cash Receipts:

Sales Tax Revenue 4,447,739$ 5,702,121 4,116,648
Property Taxes 1,687,480 43,265 2,221,150
Cash Disbursements:

7. ATTACHMENTS
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Item #: 3.26. 5/10/2022 File #: 22-0285
· Investment Report for January 2022
· Investment Report for February 2022
· Investment Report for March 2022
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MONTHLY ACCOUNT STATEMENT
City of Orange - Account #10888
JANUARY 1, 2022 THROUGH JANUARY 31, 2022
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures.

CHANDLER

ASSET MANAGEMENT
chandlerasset.com
Chandler Team:

For questions about your account, please call (800) 317-4747, or contact
[email protected]
Custodian
US Bank
Ryan Morris
(503) 464-3685
361

ACCOUNT SUMMARY
Beg. Values
as of
12/31/21
End Values
as of
1/31/22
Market Value
79,554,390
78,679,915
Accrued Interest
117,628
136,722
Total Market Value
79,672,017
78,816,637
Income Earned
47,821
47,821
Cont/WD
0 Par
80,193,250
80,228,751
Book Value
80,368,192
80,396,919
Cost Value
80,518,705
80,554,205

TOP ISSUERS
Federal National Mortgage Assoc

28.0%
Federal Home Loan Bank

23.6%
Federal Home Loan Mortgage Corp

23.0%
HSBC Holdings PLC

8.0%
Toyota Motor Corp

6.1%
Coca Cola Co.

3.9%
Government of United States

3.7%
Apple Inc

3.7%
Total

99.8%

PORTFOLIO CHARACTERISTICS
Average Modified Duration

2.94 Average Coupon

0.82%
Average Purchase YTM

0.71%
Average Market YTM

1.43%
Average S&P/Moody Rating
AA/Aa1
Average Final Maturity

3.01 yrs
Average Life

3.01 yrs

CREDIT QUALITY (S&P)

MATURITY DISTRIBUTION

SECTOR ALLOCATION
Portfolio Summary
As of January 31, 2022
City of Orange
Account #10888

PERFORMANCE REVIEW
Annualized

TOTAL RATE OF RETURN
1M
3M
YTD
1YR
2YRS
3YRS
5YRS
10YRS
12/31/2021
City of Orange
-1.07%
N/A
-1.07%
N/A
N/A
N/A
N/A
N/A
N/A
ICE BofA 1-5 Yr US Treasury & Agency Index
-0.90%
N/A
-0.90%
N/A
N/A
N/A
N/A
N/A
N/A
Execution Time: 2/1/2022 9:11:54 PM
Chandler Asset Management - CONFIDENTIAL

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Orange City CouncilMay 10, 2022

Orange City Council
May 10, 2022