Agenda packet — Orange City Council, July 12, 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 -

FINAL-REVISED
City Council
July 12, 2022
4:30 PM Employee Recognition
5:00 PM Closed Session
6:00 PM Regular Session
City Council Chamber
300 E. Chapman Avenue
Orange, CA 92866
Teleconference Location
2249 Poipu Road, Room 8104
Koloa, HI 96756
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 ”

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1 City Council Agenda - Final-revised July 12, 2022
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. 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 - Final-revised July 12, 2022
Pursuant to California Government Code Section 54953(b), Councilmember Monaco will participate in this meeting via teleconference from Marriott's Waiohai Beach Club, 2249 Poipu Road, Room 8104, Koloa, HI 96756. This agenda has been duly posted at this location and will be accessible to the public for the open session portion(s) of the meeting. 4:30 PM EMPLOYEE RECOGNITION

1. WELCOME

2. EMPLOYEE SERVICE AWARDS

3. RECESS
5:00 PM CLOSED SESSION

1. CALL TO ORDER

1.1 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

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 - Final-revised July 12, 2022
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER

1.1 INVOCATION
Fr. Cheeyoon Chun, Holy Family Catholic Church

1.2 PLEDGE OF ALLEGIANCE
Councilmember Kathy Tavoularis

1.3 ROLL CALL

1.4 PRESENTATIONS/ANNOUNCEMENTS
Recognition of outgoing Boards, Commissions, and Committees members Proclamation recognizing Sergeant Tom Bevins for 35 years of service to the Orange Police Department
Memorial Adjournment in honor of retired City of Orange Reference Librarian Randal Robb
Memorial Adjournment in honor of Joseph "Joe" Dumitru

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:

3.2. Confirmation of warrant registers dated June 3, 9, 17, 23, and 30, 2022.

Approve.

Recommended Action:

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4 City Council Agenda - Final-revised July 12, 2022
Staff ReportAttachments:

3.3. Approval of meeting minutes of the City Council of the City of Orange for the June 14, 2022, Regular Meeting.

Approve minutes as presented.

Recommended Action:

Staff Report
June 14, 2022, Regular Meeting minutes
Attachments:

3.4. First Amendment to the Agreement with Nieves Landscape, Inc. for landscape maintenance services for the Santiago Hills Landscape Maintenance Assessment District.

1. Approve the first amendment to the Agreement with Nieves Landscape, Inc. in the amount of $262,735 for necessary median landscape maintenance within the Santiago Hills Landscape Maintenance Assessment District; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Approve transfer of $262,735 from account 291.7024.56015.20255 - Santiago Hills LAD General Renovations to account 291.7024.51431.00000 - Landscape Maintenance - City Property.

Recommended Action:

Staff Report
First Amendment to the Agrement with Nieves Landscape
Attachments:

3.5. Agreement with Mark Thomas & Company, Inc. for engineering design and environmental consulting services for the Cannon Street Widening Project.

Approve the agreement with Mark Thomas & Company, Inc. in the total amount of $800,198, representing an original amount of $ 762,093 plus a 5% contingency of $38,105, for engineering and environmental compliance services; and authorize the Mayor and the City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Professional Services Agreement
Attachments:

3.6. Agreement with Abound Food Care for initial start -up costs related to the 517 W.

Struck Transition Plan ineligible for CARES funding.

Approve the Agreement with Abound Food Care in the amount of $ 100,000 for initial start-up costs related to the 517 W. Struck Transition Plan ineligible for CARES funding; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

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5 City Council Agenda - Final-revised July 12, 2022
Staff Report
Agreement with Abound Food Care
Attachments:

3.7. Agreement with the State of California, Department of California Highway Patrol for the Cannabis Tax Fund Grant Program for Fiscal Year 2022-2023. Resolution No. 11408.

1. Approve agreement with the State of California, Department of California Highway Patrol in the amount of $255,074.74 for the Cannabis Tax Fund Grant Program and authorize the City Manager to execute on behalf of the City.

2. Adopt Resolution No. 11408. A Resolution of the City Council of the City of Orange accepting funds in the amount of $255,074.74 from the State of California Highway Patrol for the Cannabis Tax Fund Grant Program, and authorizing the Chief of Police or City Manager to execute the grant program Agreement and related documents.

3. Accept into the City ’s revenue budget $255,074.74 in grant funds from the State of California, Department of California Highway Patrol into revenue account number 100.4041.45495.30204 Cannabis Grant.

4. Authorize the appropriation of $255,074.74 into the following expenditure accounts:
100.4041.50001.30204 Regular Salaries Safety - CTFGP $110,813.11 100.4041.50221.30204 Overtime Safety - CTFGP 126,861.63 100.4041.51830.30204 Overnight Training - CTFGP 17,400.00 Recommended Action:

Staff Report
Resolution No. 11408
CTFGP Agreement No. 9600
Attachments:

3.8. Agreement with Michael Baker International for Community Development Block Grant, HOME Investment Partnerships Program, and general grant management consulting services.

Approve the agreement with Michael Baker International in the amount of $ 120,000 for Community Development Block Grant, HOME Investment Partnerships Program, and general grant management consulting services; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Professional Services Agreement
Attachments:

3.9. First Amendment to Subrecipient Agreement with The HUB OC to provide on -site services, referrals, and resources for those experiencing homelessness as part of the 517 W. Struck Transition Plan.

Recommended Action:

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6 City Council Agenda - Final-revised July 12, 2022

1. Authorize the appropriation of $152,065 from the Community Development Block Grant (310) unreserved fund balance to expenditure account number 310.9645.51770.30200.

2. Approve the First Amendment to the Subrecipient Agreement with The HUB OC in the amount of $320,000, for a not -to-exceed total of $650,000, for services in support of the 517 W. Struck Transition Plan; and authorize the Mayor and the City Clerk to execute on behalf of the City
Staff Report
First Amendment with The HUB OC
Attachments:

3.10. License Agreements for the use of public parking lots by nonprofit groups during the annual Orange International Street Fair event.

Approve the License Agreements with Orange Elderly Services, Orange County Friends of Music, and the Orange Public Library Foundation, and authorize the City Manager to execute on behalf of the City.

Recommended Action:

Staff Report
License Agreement with Orange Elderly Services
License Agreement with Orange County Friends of Music
License Agreement with Orange Public Library Foundation Attachments:

3.11. Agreement with Darren Doerschel for continued TV and AV production support and systems maintenance services.

1. Approve the agreement with Darren Doerschel in the amount of $74,000 for continued television and audio -visual production support and systems maintenance services; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the City Manager to exercise two annual extensions as contemplated in the Agreement.

Recommended Action:

Staff Report
Professional Services Agreement
Attachments:

3.12. First Amendment to Agreement with Willdan Engineering for Building Official and On-Call Building Inspection Services.

Approve the First Amendment to agreement with Willdan Engineering for Building Official and On -Call Building Inspection Services; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
First Amendment to Agreement
Professional Services Agreement with Willdan Engineering Attachments:

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3.13. Appropriation of $ 5,000 in designated grant funding received from California State Library.

1. Accept into the City ’s revenue budget $5,000 in grant funds from California State Library into revenue account number 100.2001.45290.30203, General Fund - Discover Your State Parks.

2. Authorize the appropriation of $5,000 into expenditure account number 100.2016.53340.30203 General Fund - Discover Your State Parks.

Recommended Action:

Staff ReportAttachments:

3.14. Appropriation of $ 8,892.03 in grant funding received for Fiscal Year 2020-2021 Patrick Leahy Bulletproof Vest Partnership Grant from the U .S. Department of Justice.

1. Accept into the City ’s Fiscal Year 2021-2022 revenue budget $8,892.03 in grant funds from the U .S. Department of Justice, into revenue account number 100.4011.45150.00000, Grant Revenue.

2. Authorize the appropriation of $8,892.03 into Fiscal Year 2021-2022 expenditure account number 100.4011.53030.00000 General Fund - Uniforms.

Recommended Action:

Staff ReportAttachments:

3.15. Appropriation and allocation of funds under the HOME Investment Partnerships Program American Rescue Plan and approval of agreement with Michael Baker International for assistance in the development of the allocation plan for use of the funds.

1. Accept into the City ’s revenue budget $82,759.30 in HOME Investment Partnerships Program American Rescue Plan funds from the U .S. Department of Housing and Urban Development into revenue account number 317.0000.45120.30206, Federal HUD Grants - HOME-ARP Grant.

2. Authorize the appropriation of $22,759.30 from the HOME Fund (317) unreserved fund balance to expenditure account number 317.9640.50002.30206 - Regular Salaries - Misc - HOME-ARP Admin.

3. Authorize the appropriation of $60,000 from the HOME Fund (317) unreserved fund balance to expenditure account number 317.9640.51670.30206 - HOME-ARP Consulting Services.

4. Approve an Agreement with Michael Baker International, Inc. in the amount of $60,000 for consulting services in the development of the HOME -ARP allocation plan; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

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8 City Council Agenda - Final-revised July 12, 2022
Staff Report
Transmittal Letter
Professional Services Agreement
Attachments:

3.16. Appropriation of $ 10,788.26 in designated donation funding received from Laurie Marine Living Trust, Library patrons, and Orange Public Library Foundation.

1. Accept into the City ’s revenue budget $10,788.26 in donation funds from Laurie Marine Living Trust, Library patrons, and Orange Public Library Foundation into the following revenue account numbers in the General Fund:
$10,000.00 100.2001.48390.30205 - Laurie Marine Living Trust $ 563.26 100.2001.48390.19986 - Patron Donations/Materials $ 225.00 100.2001.48390.19322 - Library Foundation

2. Authorize the appropriation of $10,788.26 into the following expenditure account numbers in the General Fund:
$10,000.00 100.2001.53301.30205 - Laurie Marine Living Trust $ 563.26 100.2001.53001.19986 - Materials & Supplies - Patron Donations $ 225.00 100.2017.53340.19322 - Library Foundation
Recommended Action:

Staff ReportAttachments:

3.17. Appropriation of $ 133,885.72 in State of California Office of Emergency Services funding received.

1. Accept into the City ’s revenue budget $133,885.72 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 $131,583.75 into the expenditure account numbers for Overtime-Safety as specified in Section 6 of the staff report.

3. Authorize the appropriation of $2,301.97 into the expenditure account numbers for Strike Team Expenditures as specified in Section 6 of the staff report.

Recommended Action:

Staff ReportAttachments:

3.18. Request for funding for the improvement project at North Net Training Center.

Authorize the appropriation of $ 165,000 from the General Fund unreserved fund balance to expenditure account number 100.3021.51780.20515, General Fund - North Net Training Facility.

Recommended Action:

Staff Report
North Net Training Authority JPA Board Expansion Project Attachments:

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3.19. Approval of plans and specifications for Annual Concrete Replacement Phase I, for Fiscal Year 2022-2023; and authorization to advertise Bid No. 22-23.04.

Approve plans and specifications and authorize advertising for bids.

Recommended Action:

Staff ReportAttachments:

3.20. Claims for Damages.

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

1. Thai Nguyen

2. M.O. (minor)

3. Thomas Wilson
Recommended Action:

Staff ReportAttachments:

3.21. Award of Contract to Gentry General Engineering, Inc. for Chapman Avenue and Yorba Street Sidewalk Repair; Bid No. 21-22.38.

Approve contract with Gentry General Engineering, Inc. in the total amount of $152,817.50 representing an original amount of $ 138,925.00 plus a 10% contingency of $ 13,892.50, for Chapman Avenue and Yorba Street Sidewalk Repair; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Bid Abstract
Contract with Gentry General Engineering, Inc.

Attachments:

3.22. Award of Contract to California Professional Engineering, Inc. for Steel Streetlight Replacement, Fiscal Year 2021-2022; Bid No. 21-22.36.

1. Authorize the appropriation of $40,000 from the Capital Projects unreserved fund balance to expenditure account number 500.5032.56100.20374, Streetlight Pole Replacement Program.

2. Award the contract to California Professional Engineering, Inc. in the total amount of $452,113 representing an original bid amount of $411,012, plus a 10% contingency of $41,101, for the Steel Streetlight Replacement project, Fiscal Year 2021-2022; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Bid Abstract
Location Map
Contract with California Professional Engineering, Inc
Attachments:

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10 City Council Agenda - Final-revised July 12, 2022

3.23. Final Acceptance of Bid No. 20-21.51; SP -4171, Annual Pavement Maintenance at Various Locations Project, Fiscal Year (FY) 2020-2021, Phase 2; and authorization to file Notice of Completion. (Continued from June 14, 2022) Accept Annual Pavement Maintenance at Various Locations Project, FY 2020-2021, Phase 2 as complete, and authorize staff to file Notice of Completion with the County Recorder.

Recommended Action:

Staff Report
Notice of Completion and Acceptance
Attachments:

3.24. Final Acceptance of Bid No. 21-22.26, ADA El Modena Branch Library Bathroom Remodel; and authorization to file Notice of Completion.

Accept ADA El Modena Branch Library Bathroom Remodel project as complete (SP-4192), and authorize staff to file Notice of Completion with the County Recorder.

Recommended Action:

Staff Report
Notice of Completion and Acceptance
Attachments:

3.25. Authorize purchase of print and audiovisual materials for the Orange Public Library from Baker & Taylor, Inc.

1. Approve purchase order for print and audiovisual materials from Baker & Taylor, Inc. in the amount of $115,000.

2. Authorize the City Manager to approve increases to the purchase order should the Library receive donations designated for the purchase of additional print and audiovisual materials.

Recommended Action:

Staff ReportAttachments:

3.26. Authorize purchase of 3-year subscription for AutoCAD software from DLT Solutions.

Approve the purchase of Autodesk AutoCAD 3-year subscription license from DLT Solutions in the amount of $96,266.44.

Recommended Action:

Staff Report
Quote from DLT Solutions
Attachments:

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11 City Council Agenda - Final-revised July 12, 2022

3.27. Authorize purchase and delivery of diesel fuel and gasoline from Southern Counties Oil Co., a California Limited Partnership dba SC Fuels.

Approve the purchase agreement with Southern Counties Oil Co. a California Limited Partnership dba SC Fuels, in the amount not to exceed $ 1,440,000 for the purchase and delivery of diesel and gasoline fuel using a cooperative purchasing agreement from the City of Westminster; and authorize the Mayor and the City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Agreement tag on with the City of Westminster
Westminster Award Letter to SC Fuels
Attachments:

3.28. Request to close the Orange Public Library & History Center and the El Modena and Taft Branch Libraries for various dates during September 2022 - January 2023.

Approve closure of the Orange Public Library facilities to the public as described in the Staff Report.

Recommended Action:

Staff ReportAttachments:

3.29. Establishing the day and time for Investment and Audit Committee meetings .

Resolution No.11409.

Adopt Resolution No. 11409. A Resolution of the City Council of the City of Orange setting the day and time of meetings of the Investment and Audit Committee.

Recommended Action:

Staff Report
Resolution No. 11409
Attachments:

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

4. REPORTS FROM MAYOR MURPHY

4.1. Designation of voting delegate and alternate (s) for the 2022 League of California Cities (Cal Cities) Annual Conference & Expo.

Designate a voting member and at least one alternate to attend the Friday, September 9, 2022, League of California Cities Annual Business Meeting.

Recommended Action:

Staff Report
League Conference Voting Delegates.pdf
Attachments:

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12 City Council Agenda - Final-revised July 12, 2022

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. Highlight Local Business (Gutierrez & Barrios)

5.2. North Tustin Specific Plan - Scope (Tavoularis)

5.3. Illegal Fireworks Comments (Barrios)

6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS

6.1. Appointment(s) to Investment and Audit Committee.

Confirm Mayor Murphy ’s recommendation to appoint Larry Sallinger to a two -year term ending June 30, 2024; Mark Mittmann to a two -year term ending June 30, 2024; and Jordan Prell to a one-year term ending June 30, 2023.

Recommended Action:

Staff Report
Resolution No. 11387
Attachments:

7. ADMINISTRATIVE REPORTS

7.1. Request for permit parking on sections of Palm Avenue, Park Lane (continued from May 10, 2022), and Wayfield Circle. Resolution No. 11412.

NOTE: STAFF IS REQUESTING TO CONTINUE THIS ITEM TO A DATE UNCERTAIN.

1. Approve permit parking for both sides of Palm Avenue from Wayfield Street to Park Lane; both sides of Park Lane between Palm Avenue and Dana Place; and both sides of Wayfield Circle south of Palm Avenue.

2. Adopt Resolution No. 11412. A Resolution of the City Council of the City of Orange rescinding Resolution 11385 and adopting a revised master resolution of permit parking areas within the City of Orange.

Recommended Action:

Staff Report
Resolution No.11412
Area Map
Notification Letter
Neighborhood Permit Parking Program Policy
Resident Input and Concerns
Attachments:

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13 City Council Agenda - Final-revised July 12, 2022

7.2. Sully Miller Site Update
Receive and file.

Recommended Action:

Staff Report
Attachment A: Permitted Uses in the Sand and Gravel zone Attachments:

7.3. Options for grant writing and legislative advocacy services.

Provide direction to staff as to the services the City Council would like to pursue.

Recommended Action:

Staff ReportAttachments:

7.4. 2021 Orange International Street Fair Report.

Receive and file.

Recommended Action:

Staff Report
Agreement for Production of Orange International Street Fair Agreed Upon Procedures Report
2021 Street Fair Report
Attachments:

7.5. Executive Management and Senior Management employees’ classification, compensation, and terms of employment. Resolution Nos. 11410 and 11411.

1. Adopt Resolution No. 11410. A Resolution of the City Council of the City of Orange relating to the classification, compensation, and terms of employment of Executive Management and Senior Management employees and recsinding Resolution No . 11332 and all amendments thereto.

2. Adopt Resolution No. 11411. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11397 and amending the citywide pay schedule in accordance with the requirements of the California Code of Regulations, Title 2, Section 570.5.

Recommended Action:

Staff Report
Resolution No. 11410
Resolution No. 11411
Attachments:

8. REPORTS FROM CITY MANAGER

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14 City Council Agenda - Final-revised July 12, 2022

9. LEGAL AFFAIRS

9.1. Introduction and First Reading of Ordinance No. 05-22 updating the duties of City Treasurer as outlined in the Orange Municipal Code.

Introduce and conduct First Reading of Ordinance No. 05-22. An Ordinance of the City Council of the City of Orange amending Section 2.26.010.A of the Orange Municipal Code regarding the duties of the City Treasurer.

Recommended Action:

Staff Report
Ordinance No. 05-22
Ordinance No. 05-22 (redline)
Attachments:

10. ADJOURNMENT
The City Council will Adjourn in Memory of Randal Robb and Joseph "Joe" Dumitru.

The next Regular City Council meeting will be held on Tuesday, August 9, 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 at 407 E. Chapman Avenue, Police facility at 1107 North Batavia Street, and uploaded to the City's website www.cityoforange.org.

Revised Agenda posted: July 9, 2022

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15 Agenda Item
City Council
Item #: 3.1. 7/12/2022 File #: 22-0397
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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16 Agenda Item
City Council
Item #: 3.2. 7/12/2022 File #: 22-0398
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 June 3, 9, 17, 23, and 30, 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. 7/12/2022 File #: 22-0398
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 June 3, 9, 17, 23, and 30, 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. 7/12/2022 File #: 22-0425
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 June 14, 2022, 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
· June 14, 2022, Regular Meeting minutes
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19 Agenda Item
City Council
Item #: 3.3. 7/12/2022 File #: 22-0425
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 June 14, 2022, 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
· June 14, 2022, Regular Meeting minutes
City of Orange Printed on 7/7/2022Page 1 of 1
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20 City of Orange
City Council
June 14, 2022

MINUTES - DRAFT
The City Council of the City of Orange, California convened on June 14, 2022, at 5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California. 5:00 PM CLOSED SESSION

1. CALL TO ORDER
Mayor Murphy called Closed Session to order at 5:02 p.m.

1.1 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 5:04 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: American Friends Service Committee
Orange County Superior Court Case No. 30-2022-01248878
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. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
City Negotiator: Rob Houston, City Manager
Employee Organization: Top Management
c. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Attorney

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4. CLOSED SESSION REPORT
None

5. ADJOURNMENT
Closed Session was adjourned at 6:02 p.m.
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Murphy called the meeting to order at 6:13 p.m.

1.1 INVOCATION
Given by Pastor Carl Friedrich from Praise Chapel OC.

1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Arianna Barrios.

1.3 ROLL CALL

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

Absent: None

1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation celebrating the retirement of Adel and Zalfa Mahshi (Byblos Café).

Mayor pro tem Nichols announced the Concerts in the Park series at the Hart Park Bandshell would be held every Wednesday, 7:00 - 8:30 p.m., June 15 through August 17 (except July 6). Councilmember Monaco announced that the 3rd of July Celebration will take place at Grijalva Park.

2. PUBLIC COMMENTS
Public Speakers
Tim Colicchio expressed safety concerns at Hart Park.

Carole Walters spoke regarding traffic issues on Walnut Avenue.

Cindy Pace commented on the City's public hearing notification process.

Bonnie Robinson spoke regarding the Sully Miller site.

Kim Pheln spoke regarding the Sully Miller site.

Written Public Comments
Adrienne Gladson submitted an eComment regarding the North Tustin Specific Plan public comment period.

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

ACTION: Approved.

3.2. Confirmation of warrant registers dated May 6, 12, 20, and 26, 2022.

ACTION: Approved.

3.3. Approval of meeting minutes of the City Council of the City of Orange for the May 10, 2022, Regular Meeting.

ACTION: Approved minutes as presented.

3.4. Agreement with TriTech Software Systems dba Central Square for software upgrades and maintenance of the Police Department ’s Computer Aided Dispatch and Records Management System.

ACTION: Approved the agreement with TriTech Software Systems in an amount of $117,779.41 for software upgrades and maintenance, and authorized the Mayor and City Clerk to execute on behalf of the City.

3.5. Agreement with Sunrise Multispecialist Medical Center for pre -employment physical services.

ACTION: Approved the two -year agreement with Sunrise Multispecialist Medical Center in the total amount of $ 60,000 for pre -employment physical services; and authorized the Mayor and City Clerk to execute the agreement on behalf of the City.

3.6. Agreement with The HUB OC for providing on -site services, referrals, and resources for those experiencing homelessness as part of the 517 W. Struck Transition Plan.

City Clerk Coleman announced two speaker cards were submitted for Item 3.6; therefore it was removed from the Consent Calendar for separate consideration.

Public Speakers
Curtis Gamble spoke in support of the agreement, but would like to see the City continue to work with Mary's Kitchen to provide services.

Curt Johnson spoke in support of the agreement, but would like to see the City continue to work with Mary's Kitchen to provide services.

ACTION: A motion was made by Mayor pro tem Nichols, seconded by Councilmember Monaco, to 1) Approve Agreement with the HUB OC in the amount of $ 330,000 for services in support of the 517 W. Struck Transition Plan; and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Authorize the appropriation of $100,000 from the General Fund unreserved fund balance to expenditure account

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number 100.0000.51670.30200, General Fund - 517 W. Struck Transition. The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

3.7. Agreement with ADVANTEC Consulting Engineers, Inc. for Traffic Engineering Services for Katella Avenue Signal Network Extension project.

ACTION: 1) Approved the agreement with ADVANTEC Consulting Engineers, Inc. in the amount of $ 103,385.00 for Traffic Engineering Services for Katella Signal Network Extension; and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Authorized $10,338.50 (10%) of the contract amount for contingency purposes.

3.8. First Amendment to the Agreement with Lyons Security Services, Inc. for additional security services at the Old Towne West Metrolink Parking Structure.

ACTION: Approved the amendment with Lyons Security Services, Inc. in an annual amount of $ 80,000, or $ 160,000 total for FY 2022-23 and FY 2023-24, for Old Towne West Metrolink Parking Structure security services, and authorized the Mayor and City Clerk to execute on behalf of the City.

3.9. First Amendment to Consultant Services Agreement with PlaceWorks, Inc. for preparation of a Transfer of Development Rights Ordinance.

Item 3.9 was removed from the Consent Calendar for separate consideration by Councilmember Gutierrez.

In response to Council's question, staff clarified the concept of a transfer of development rights program.

ACTION: A motion was made by Councilmember Dumitru, seconded by Councilmember Gutierrez, to approve the First Amendment to agreement with PlaceWorks for the preparation of a Transfer of Development Rights Ordinance; and authorize the Mayor and the City Clerk to execute on behalf of the City. The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

3.10. Fourth Amendment to Agreement with West Coast Arborists, Inc. for City Street Tree Services.

ACTION: Approved Fourth Amendment with West Coast Arborists, Inc. in the amount of $ 846,320 for City Street Tree Services, and authorized the Mayor and City Clerk to execute on behalf of the City.

3.11. Fourth Amendment to Attorney Services Agreement with Liebert Cassidy Whitmore to provide legal services with respect to personnel matters.

ACTION: 1) Approved a Fourth Amendment to Attorney Services Agreement with Liebert Cassidy Whitmore in the amount of $ 100,000; and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Authorized the appropriation of $100,000 from the General Fund unreserved fund balance to expenditure account number 100.0301.51611.00000, General Fund - Personnel Legal Services.

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3.12. Authorize rental services for service facilities with Royal Restrooms of California, Inc. for the 517 W. Struck Transition Plan.

City Clerk Coleman announced two speaker cards were submitted for Items 3.12 and

3.13; therefore Item 3.12 was removed from the Consent Calendar and heard concurrently with Item 3.13 as they relate to each other.

Public Speakers
Curtis Gamble spoke in support of Items 3.12 and 3.13, but would like to see the City continue to work with Mary's Kitchen to provide services.

Curt Johnston spoke in opposition of the cost for these services.

ACTION: A motion was made by Mayor pro tem Nichols, seconded by Councilmember Monaco, to approve purchase order of $ 138,382.43 with Royal Restrooms of California, Inc. for service facility rentals. The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

3.13. Authorize rental services for service facilities with Mobile Concepts, Inc. dba U .S.

Mobile Kitchens for the 517 W. Struck Transition Plan.

City Clerk Coleman announced two speaker cards were submitted for Items 3.12 and

3.13; therefore Item 3.13 was removed from the Consent Calendar and heard concurrently with Item 3.12 as they relate to each other.

ACTION: A motion was made by Mayor pro tem Nichols, seconded by Councilmember Monaco, to approve purchase order of $ 83,000 with Mobile Concepts, Inc. dba U .S.

Mobile Kitchens for service facility rentals. The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

3.14. Appropriation of $ 83,449.28 in designated Public Safety Realignment /Assembly Bill 109 funding received from the County of Orange.

ACTION: 1) Accepted into the City ’s revenue budget an $ 83,449.28 deposit from the County of Orange, into revenue account number 100.4031.45495.20159, Other Grant Revenue - Post Release Community Supervision; and 2) Authorized the appropriation of $ 83,449.28 into expenditure account number 100.4031.50221.20159, Overtime - Post Release Community Supervision.

3.15. Appropriation of $ 8,091.37 in designated funding received for the 2022 CALNENA annual conference from the State of California Office of Emergency Services.

ACTION: 1) Accepted into the City ’s revenue budget an $ 8,091.37 deposit from the State of California Office of Emergency Services, into revenue account number 100.4011.48210.20131, CALNENA.
2) Authorized the appropriation of $ 8,091.37 into the following expenditure account numbers:
$3605.05 100.4011.51830.20131 Overnight Training, Conference - CALNENA $4486.32 100.4012.50002.20131 Regular Salaries - CALNENA

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3.16. Appropriation of $ 8,317.99 in revenue from community partnership donations and user group maintenance fees.

ACTION: 1) Accepted into the City ’s revenue budget $ 8,317.99 in community partnership donations and user group maintenance fees into the following accounts:
$5,000.00 100.7015.48390.30197 Donations-2022 Special Events Season $3,317.99 100.7022.42480.00000 User Group Maintenance Fees 2) Authorized the following appropriations in the expenditure accounts in the General Fund:
$5,000.00 100.1015.51355.30197 Special Events-2022 Season $3,317.99 100.7022.51424.00000 User Group Maintenance

3.17. Appropriation of $ 232,003.10 in State of California Office of Emergency Services funding received.

ACTION: 1) Accepted into the City ’s revenue budget $ 232,003.10 in strike team reimbursement funds from the California Office of Emergency Services (Cal-OES), into the following revenue account number: 100.3024.48212.40284; 2) Authorized the appropriation of $ 229,079.32 into the following expenditure account number for Overtime-Safety: 100.3024.50221.40284; and 3) Authorized the appropriation of $2,923.78 into the following expenditure account number for Strike Team Expenditures: 100.3024.53860.40284.

3.18. Appropriation of $ 10,927 in State of California Office of Emergency Services funding received.

ACTION: 1) Accepted into the City ’s revenue budget $ 10,927 in designated funding from the State of California Office of Emergency Services, into revenue account number 100.4031.48218.40321, CalOES - Medical Examinations; and 2) Authorized the appropriation of $ 10,927 into expenditure account number 100.4031.51640.00000, Contractual Services - Medical.

3.19. Approval of plans and specifications and authorization to advertise for bids for Tustin & La Veta Traffic Signal Upgrade Project; Bid No. 22-23.02, SP-4042.

ACTION: Approved plans and specifications and authorized advertising for bids for Tustin & La Veta Traffic Signal Upgrade.

3.20. Claims for Damages.

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

1. Greg Gannon

2. Tom Korsvall

3. Dustin Paul Newhouse

4. Angela Miyong Lee

5. Diana Villa

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3.21. Final Acceptance of Bid No. 20-21.28, Annual Pavement Maintenance at Various Locations Project, Fiscal Year (FY) 2020-2021; and authorization to file Notice of Completion.

ACTION: Accepted Annual Pavement Maintenance at Various Locations Project (SP-4139), FY 2020-2021 as complete, and authorized staff to file Notice of Completion with the County Recorder.

3.22. Final Acceptance of Bid No. 20-21.45, Steel Streetlight Replacement project; and authorization to file Notice of Completion.

ACTION: Accepted Steel Streetlight Replacement project as complete, and authorized staff to file Notice of Completion with the County Recorder.

3.23. Final Acceptance of Bid No. 20-21.51; SP -4171, Annual Pavement Maintenance at Various Locations Project, Fiscal Year (FY) 2020-2021, Phase 2; and authorization to file Notice of Completion.

Note: Staff requested to continue Item 3.23 to the Regular City Council meeting on July 12, 2022.

ACTION: Continued to the Regular City Council meeting on July 12, 2022.

3.24. Final Acceptance of Bid No. 21-22.09; SP -4157, Bus Stop Enhancement at Various Locations Project; and authorization to file Notice of Completion.

ACTION: Accepted Bus Stop Enhancement at Various Locations Project as complete, and authorized staff to file Notice of Completion with the County Recorder.

3.25. Final Acceptance of Bid No. 21-22.11, CDBG FY 21-22 Beverly Neighborhood Street Rehabilitation; and authorization to file Notice of Completion.

ACTION: Accepted CDBG FY 21-22 Beverly Neighborhood Street Rehabilitation project as complete, and authorized staff to file Notice of Completion with the County Recorder.

3.26. Final Acceptance of Bid No. 21-22.12; Prospect and Spring Right Turn Lane Modification Project; and authorization to file Notice of Completion.

ACTION: Accepted Prospect and Spring Right Turn Lane Modification Project (SP-4131) as complete; and authorized staff to file Notice of Completion with the County Recorder.

3.27. Final Acceptance of Bid No. 21-22.19, Annual Concrete Replacement at Various Locations project; and authorization to file Notice of Completion.

ACTION: Accepted Annual Concrete Replacement at Various Locations project (SP-4181) as complete; and authorized staff to file Notice of Completion with the County Recorder.

3.28. Award of Contract to Innovation Painting, Inc. for Fire Hydrant Painting Services; Bid No. 21-22.29.

ACTION: 1) Awarded the contract to Innovation Painting Inc. in the amount of $ 39,050 for Fire Hydrant Painting Services; and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Authorized 10% of the contract amount for contingency

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purposes.

3.29. Award of Contract to Waterline Technologies, Inc. for the Purchase and Delivery of Liquid Sodium Hypochlorite on an “as-needed” basis; Bid No. 21-22.32.

ACTION: 1) Awarded the contract to Waterline Technologies, Inc. in the amount of $187,161.75 for Purchase and Delivery of Liquid Sodium Hypochlorite, and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Authorized 10% of the contract amount for contingency purposes.

3.30. Award of Contract to American Asphalt South, Inc. for Annual Slurry Seal at Various Locations FY 22; Bid No. 21-22.35.

ACTION: Awarded the contract to American Asphalt South, Inc. in the total amount of $566,457, representing an original amount of $ 514,961 plus a 10% contingency of $51,496, for Annual Slurry Seal at Various Locations, Fiscal Year 2021-2022; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.31. Award of Contract to Common Area Maintenance Service, Inc ., dba CAM Services, for sidewalk steam cleaning services; RFP No. 21-22.39.

ACTION: Approved a three -year contract in the amount of $ 255,579, at $ 85,193 per year, to CAM Services; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.32. Award of Contract to Tunnelworks Services, Inc. for Sewer Line Cleaning, Video Inspection, and Emergency Response Services Project Fiscal Year 2023 through 2025; Bid No. 21-22.33.

ACTION: Approved the contract with Tunnelworks Services, Inc. in the annual amount of $378,039; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.33. Award of Contract to Palp, Inc. dba Excel Paving Company for the Katella Avenue Street Rehabilitation; Bid No. 21-22.34.

ACTION: 1) Authorized the appropriation of $ 87,000 from Measure M 2 (263) unreserved fund balance to expenditure account number 263.5011.56330.30167 Katella Avenue Street Rehabilitation; and 2) Approved the contract with Palp, Inc. dba Excel Paving Company in the total amount of $ 950,862, representing an original amount of $ 864,420 plus a 10% contingency of $ 86,442, for Katella Avenue Street Rehabilitation; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.34. Award of Contract to Harbor Coating & Restoration for Fire Stations 2 & 4 Kitchen Remodel; Bid No. 21-22.37.

ACTION: Approved the contract with Harbor Coating & Restoration in the amount of $102,810, representing an original bid amount of $ 89,400, plus a 15% contingency of $13,410; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.35. Second Amendment to Contract with Diversified Thermal Services, Inc. for preventive maintenance for heating, ventilation and air conditioning (HVAC) equipment at various City facilities; Bid No. 189-19 (SP-4076).

ACTION: Approved the Second Amendment with Diversified Thermal Services, Inc. in the amount of $ 310,063 for preventive maintenance for HVAC at various City facilities;

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and authorized the Mayor and City Clerk to execute on behalf of the City.

3.36. Second Reading and adoption of 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. Ordinance No. 03-22.

Item 3.36 was removed from the Consent Calendar for separate consideration by Councilmember Tavoularis.

ACTION: A motion was made by Councilmember Barrios, seconded by Councilmember Gutierrez, to adopt Ordinance No. 03-22. The motion carried by the following vote:

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

TavoularisNoes:

NoneAbsent:

3.37. Authorize purchase of furniture for the Orange Public Library from Yamada Enterprises.

ACTION: Approved purchase order for furniture from Yamada Enterprises in the amount of $68,204.67.

3.38. Authorize purchase of licenses from Vigilant Solutions, LLC, as a single source vendor.

ACTION: Approved the purchase of licenses from Vigilant Solutions, LLC, for $35,000.

3.39. Authorize purchase of Police Department uniforms and duty gear from Galls, LLC.

ACTION: Approved the purchase of Police Department uniforms and duty gear from Galls, LLC, for $70,000.

3.40. Authorize purchase of materials and supplies for water maintenance operations from various vendors.

ACTION: Approved purchase of materials and supplies for water maintenance operations from various vendors for a total amount of $725,000.

3.41. Authorize purchase of water meters from Neptune Technology Group, Inc. as a sole source vendor.

ACTION: Approved the purchase of replacement water meters from Neptune Technology Group, Inc. in the amount of $375,000 for Fiscal Year 2022-2023.

3.42. Authorize purchase of medical supplies from Life-Assist, Inc.

ACTION: Approved the purchase of medical supplies and medications from Life -Assist, Inc. in an amount of $255,000 for Fiscal Year 2022-2023.

3.43. Authorize purchase of Fire Department uniforms and accessories from LineGear Fire & Rescue Equipment.

ACTION: Approved the purchase of Fire Department uniforms and accessories from LineGear Fire & Rescue Equipment in an amount of $ 220,000 for Fiscal Year 2022-2023.

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3.44. Authorize purchase of turnout safety gear and associated equipment from LN Curtis & Sons for Fiscal Year 2022-2023.

ACTION: Approved the purchase of firefighter turnout safety gear and equipment from LN Curtis & Sons in an amount of $110,000 for Fiscal Year 2022-2023.

3.45. Authorize purchase of safety gear and associated equipment from Allstar Fire Equipment for Fiscal Year 2022-2023.

ACTION: Approved the purchase of firefighter turnout safety gear and equipment from Allstar Fire Equipment in an amount of $50,000 for Fiscal Year 2022-2023.

3.46. Authorize purchase of five 800-Megahertz handheld radios and associated equipment from Motorola Solutions, Inc.

ACTION: 1) Approved the purchase of five 800-Megahertz handheld radios from Motorola Solutions, Inc. for a total amount of $ 32,085, including a 10% contingency of $2,917; 2) Approved the purchase of associated new hire equipment from various vendors in the amount of $ 9,915; and 3) Authorized the appropriation of $ 42,000 from the Federal Asset Forfeiture unreserved fund balance into expenditure account number 355.4021.55131.00000 Federal Asset Forfeiture - Equipment.

3.47. Quitclaim of Storm Drain easement at the Ronald McDonald House located at 383 S. Batavia Street.

ACTION: Approved the quitclaim of the storm drain easement to The Ronald McDonald House Charities of Southern California and authorized the Mayor to sign the quitclaim deed.

3.48. 2022 City of Orange Conflict of Interest Code Biennial Review Notice.

ACTION: Directed staff to review the Conflict of Interest Code and authorized execution of the Biennial Review Notice no later than October 1, 2022.

3.49. Consideration of Resolutions pertaining to the November 8, 2022, General Municipal Election.

ACTION: 1) Adopted Resolution No. 11398. A Resolution of the City Council of the City of Orange calling and giving notice of a General Municipal Election to be held on Tuesday, November 8, 2022, for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law Cities and requesting the Board of Supervisors of the County of Orange to consolidate the General Municipal Election with the Statewide General Election to be held on that date pursuant to Elections Code Section 10403.
2) Adopted Resolution No. 11399. A Resolution of the City Council of the City of Orange adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an election to be held on Tuesday, November 8, 2022.

3.50. Status and update of the Pavement Management Program for the Measure M 2 program. Resolution No. 11402.

ACTION: 1) Adopted Resolution No. 11402. A Resolution of the City Council of the City of Orange concerning the status and update of the pavement management plan for the measure M (M2) program.

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2) Authorized staff to submit M 2 eligibility documentation to the Orange County Transportation Authority.

3.51. Authorization to apply for a grant under the Orange County Transportation Authority’s Measure M 2 Environmental Cleanup Tier 1 Program. Resolution No . 11403.

ACTION: Adopted Resolution No. 11403. A Resolution of the City Council of the City of Orange authorizing an application for funds for the Environmental Cleanup, Tier 1 Grant Program under Orange County Local Transportation Ordinance No. 3 for the installation of a Continuous Deflection Separator, Connector Pipe Screens.

3.52. Approval of the Pavement Management Program budget for Fiscal Year 2022-2023 to incorporate a list of arterial streets to be rehabilitated and funded by SB 1 (The Road Repair and Accountability Act). Resolution No. 11406.

ACTION: Adopted Resolution No. 11406. 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 streets to be funded by SB 1 (The Road and Repair Accountability Act) and appropriate Road Maintenance and Rehabilitation Account (RMRA) Funding.

Approval of the Consent Calendar
Items 3.6, 3.9, 3.12, 3.13, 3.36 were removed from the Consent Calendar and heard separately. Item 3.23 was continued to July 12, 2022. All other items were approved as recommended.

A motion was made by Councilmember Barrios, 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 Barrios highlighted the following local business: Chapel of Orange .

Councilmember Gutierrez highlighted the following local businesses: California Beauty Academy and Holiday Skate Center.

5.2. Campaign Finance Transparency and Reporting (Nichols) Mayor pro tem Nichols commented on a transparency report published by Citizens Take Action; Integrity in Local Government: A Report Card on Campaign Finance Laws and Transparency in Orange County Municipal Government by David Edward Burke. In

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this study, the author assesses the strength of municipal campaign finance laws as well as the transparency of information by awarding every city in Orange County letter grades and providing individualized recommendations. City of Orange received an A - grade with four recommendations. Two of the recommendations could be easily implemented: add a link to campaign disclosure statements directly from the city website's homepage and add an election cycle of campaign disclosure statements on the city's website. With Council consensus, staff was directed to meet these two recommendations.

5.3. Other Councilmember Reports
With Council concurrence, Mayor pro tem Nichols requested an update on the Sully Miller site at the July 12 Council meeting.

Councilmember Tavoularis requested that Council be informed of any City conducted community meetings in advance.

Councilmember Monaco announced there are now two pickleball courts available for the public's use at El Camino Real park.

6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS

6.1. Appointment to Park Planning and Community Events Commission.

A motion was made by Councilmember Monaco, seconded by Councilmember Dumitru, to confirm Mayor Murphy's recommendation to appoint Chip Ahlswede to the Park Planning and Community Events Commission with a term ending June 30, 2026.

The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

7. ADMINISTRATIVE REPORTS

7.1. Employment Agreement with City Attorney Gary A. Sheatz.

Public Speaker
John Reina spoke in opposition of approving the agreement.

A motion was made by Councilmember Monaco, seconded by Mayor pro tem Nichols, to approve Employment Agreement with City Attorney Gary A. Sheatz. The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

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7.2. Requests for permit parking on the south side of Collins Avenue east of Hart Street, and on both sides of Citrus Street between Walnut and Sycamore Avenues. Resolution No. 11385. (Continued from May 10, 2022) Public Speakers
Steve LaScalza expressed concerns with parking issues being driven to the 300 block of Citrus if the permit parking on Citrus Street is approved.

Mel Brown spoke in support of approving the permit parking.

Holly Cislo spoke in support of approving the permit parking.

Lamarr Banks spoke in support of approving the permit parking.

Written Public Comments
Ryan and Selena Kelaher emailed in support of approving the permit parking on Citrus Street.

During deliberation, Council discussed the need to revise the permit parking program policy. Council requested to bifurcate the permit parking requests on the agenda, and requested separate staff reports when there are multiple requests for permit parking in the future.

A motion was made by Councilmember Barrios, seconded by Mayor Murphy, to approve permit parking on the south side of Collins Avenue between Hart Street and 2842 E. Collins Avenue. The motion carried by the following vote:

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

DumitruNoes:

NoneAbsent:

A motion was made by Councilmember Barrios, seconded by Mayor Murphy, to approve permit parking on both sides of Citrus Street between Walnut and Sycamore Avenues. The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

A motion was made by Councilmember Barrios, seconded by Mayor pro tem Nichols, to adopt Resolution No. 11385. The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

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.

7.3. Agreement with Axon Enterprise, Inc. for a Police Enterprise System and related equipment.

Chief of Police Dan Adams introduced the item and Captain Adam Jevec presented the staff report. In response to Council's question about the timeline for implementing the new system, Captain Jevec indicated it would take approximately 18-24 months.

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A motion was made by Councilmember Dumitru, seconded by Mayor pro tem Nichols, to: 1) Authorize the appropriation of $ 60,000 from AB 3229-COPS Supplemental Law Enforcement Services unreserved fund balance into expenditure account number 354.4011.56032.30196, AB 3229/COPS Supplemental Law Enforcement Services - CIP Equipment Replacements; and 2) Approve the agreement with Axon Enterprise, Inc. in the amount of $ 7,551,276 for the Police Enterprise System; and authorize the Mayor and City Clerk to execute on behalf of the City. The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

7.4. Proposed Fiscal Year 2022-2023 City of Orange Budget and Five -Year Capital Improvement Program.

City Manager Houston introduced the item; and Assistant City Manager /Administrative Services Director Will Kolbow presented the staff report utilizing a PowerPoint presentation. He reviewed Citywide expenditures, General Fund Budget, and summarized proposed changes to the Master Fee Schedule.

Written Public Comment
Kimberly Bottomley emailed in support of allocating funds to a beautification project at El Camino Real Park.

Adrienne Gladson submitted an eComment in opposition of adopting Resolution No . 11400.

Jake Comer submitted an eComment in support of a Building Electrification Program or a Climate Action Plan.

Tomas Castro submitted an eComment in support of a Building Electrification Program or a Climate Action Plan.

A motion was made by Councilmember Barrios, seconded by Mayor pro tem Nichols, to adopt Resolution No. 11405. The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

Resolution No. 11405. A Resolution of the City Council of the City of Orange adopting said City's Budget for the Fiscal Year 2022-23 and procedures relating to transfers of funds between and within appropriations, transfers between funds, and additional appropriations.

7.4. Proposed Fiscal Year 2022-2023 City of Orange Budget and Five -Year Capital Improvement Program.

A motion was made by Councilmember Dumitru, seconded by Councilmember Barrios, to adopt Resolution No. 11407. The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

Resolution No. 11407. A Resolution of the City Council of the City of Orange adopting the appropriations limit for the Fiscal Year 2022-23.

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7.4. Proposed Fiscal Year 2022-2023 City of Orange Budget and Five -Year Capital Improvement Program.

A motion was made by Councilmember Tavoularis, seconded by Councilmember Barrios, making a finding that the portion of the Fiscal year 2022-23 Budget subject to the Gann Appropriations limit is $ 112,864,871, and therefore within the limit. The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

A motion was made by Councilmember Monaco, seconded by Mayor pro tem Nichols, to adopt Resolution No. 11400. The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

Resolution No. 11400. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11336 and amending the Master Schedule of Fees and Charges to adjust the rates for various services and the rental of rooms and equipment.

7.4. Proposed Fiscal Year 2022-2023 City of Orange Budget and Five -Year Capital Improvement Program.

A motion was made by Councilmember Gutierrez, seconded by Mayor pro tem Nichols, to adopt Resolution No. 11404. The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

Resolution No. 11404. A Resolution of the City Council of the City of Orange approving and authorizing staff to submit to the Orange County Transportation Authority the Measure M 2 Seven-Year Capital Improvement Program for Fiscal Years 2022-23 through 2028-29 to comply with Measure M2 eligibility criteria.

7.4. Proposed Fiscal Year 2022-2023 City of Orange Budget and Five -Year Capital Improvement Program.

A motion was made by Mayor pro tem Nichols, seconded by Councilmember Monaco, to adopt Resolution No. 11396. The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

Resolution No. 11396. A Resolution of the City Council of the City of Orange amending Resolution No. 11376 between the City of Orange and the Orange Management Association.

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7.4. Proposed Fiscal Year 2022-2023 City of Orange Budget and Five -Year Capital Improvement Program.

A motion was made by Mayor Murphy, seconded by Councilmember Monaco, to adopt Resolution No. 11397. The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

Resolution No. 11397. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11377 and amending the citywide pay schedule in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5.

7.4. Proposed Fiscal Year 2022-2023 City of Orange Budget and Five -Year Capital Improvement Program.

A motion was made by Mayor Murphy, seconded by Councilmember Monaco, to adopt Resolution No. 11401. The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

Resolution No. 11401. A Resolution of the City Council of the City of Orange amending Resolution No. 11359 to add a new classification to the classification, compensation, and terms of employment for part-time and seasonal employees of the City of Orange.

RECESS: The City Council recessed at 9:37 p.m. and reconvened at 9:50 p.m. with all Members present.

8. REPORTS FROM CITY MANAGER
None

9. LEGAL AFFAIRS

9.1. Introduction and First Reading of an Ordinance amending the Orange Municipal Code relating to Short Term Rental Business regulations. Ordinance No. 04-22.

A motion was made by Councilmember Dumitru, seconded by Councilmember Tavoularis, to continue Item 9.1 to a date uncertain. The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

10. PUBLIC HEARINGS

10.1. Public Hearing presenting the Public Health Goals Report for Years 2019, 2020, and 2021.

Mayor Murphy opened the Public Hearing at 9:57 p.m.

Written Public Comment
Janice Brownfield emailed in support of using renewable energy sources.

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36 City Council Minutes - Draft June 14, 2022
Mayor Murphy closed the Public Hearing at 9:57 p.m.

A motion was made by Councilmember Barrios, seconded by Councilmember Tavoularis, to receive and file the report. The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:
(Item 10.4 was reordered to be heard after Item 10.1)

10.4. Public Hearing to consider the Fiscal Year 2022-2023 Community Development and Block Grant and HOME Investment Partnerships Programs Annual Action Plan.

Mayor Murphy opened the Public Hearing at 10:00 p.m.

Public Speaker
Patty Waasted, Assistance League of Orange, spoke in support of approving the proposed CDBG funding and thanked the Council.

Written Public Comment
Cathy Seelig, Friendly Center, submitted an eComment in support of approving the proposed CDBG funding and thanked the Council.

Mayor Murphy closed the Public Hearing at 10:01 p.m.

A motion was made by Councilmember Monaco, seconded by Mayor Murphy, to:
1) Approve the draft Fiscal Year 2022-2023 Annual Action Plan and authorize the City Manager or his designee to execute the Fiscal Year 2022-2023 Memorandum of Understanding with City departments, subrecipient agreements with non -profit agencies, and all related U .S. Department of Housing and Urban Development (HUD) documents.
2) Authorize the following if the Department of Housing and Community Development adjusts the entitlement amount during the Fiscal Year by less than 10% of original entitlement:
a. City Staff to make adjustments to funding amounts for city departments and sub-recipients based on the recommendations of the CDBG Committee. b. City Manager to execute all amended related documents required by the adjustment in the entitlement amount, including those with City departments, non -profits, and all related HUD documents;
c. Authorize the Finance Department to make adjustments to the funding amounts for each City department and sub-recipient based on the amended allocations. 3) Approve transfer of $ 4,453 from 317.9660.56510.11210 HOME CHDO Allocation to 317.9660.56510.11250 HOME Developer Projects.

The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

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37 City Council Minutes - Draft June 14, 2022

10.2. Public Hearing to consider approval of the Landscape Maintenance District 94-1 (Sycamore Crossing) Final Engineer ’s Report for Fiscal Year 2022-2023.

Resolution No. 11395.

Mayor Murphy opened the Public Hearing at 10:04 p.m.

City Clerk Coleman reported no protests were received.

There being no speakers, Mayor Murphy closed the Public Hearing at 10:04 p.m.

A motion was made by Mayor pro tem Nichols, seconded by Councilmember Gutierrez, to: 1) Adopt Resolution No. 11395; and 2) Establish the assessment for Fiscal Year 2022-2023 for Landscape Maintenance Assessment District 94-1 at $ 293.08 per single family unit per year. The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

Resolution No. 11395. A Resolution of the City Council of the City of Orange approving the Engineer's Report and providing for the annual assessment for Landscape Maintenance District 94-1 (Sycamore Crossing).

10.3. Public Hearing to consider approval of the Landscape Maintenance Assessment Districts 86-2 (Santiago Hills ), and 15-1 (Santiago Hills Overlay) Final Engineer ’s Reports for Fiscal Year 2022-2023. Resolution No. 11394.

Mayor pro tem Nichols recused herself due to a potential conflict with a nearby property interest and left the meeting at 10:05 p.m.

Mayor Murphy opened the Public Hearing at 10:08 p.m.

Written Public Comments
Jess Barber submitted an eComment opposing the use of synthetic herbicides and urged Council to switch to organic land management.

Kimberly DeLehman submitted an eComment in support of the assessment; however, opposes the use of synthetic herbicides and urged Council to switch to organic land management.

Mariam Tukhi submitted an eComment opposing the use of pesticides and urged the Council to switch to organic landscaping methods.

Mayor Murphy closed the Public Hearing at 10:08 p.m.

A motion was made by Councilmember Monaco, seconded by Councilmember Barrios, to: 1) Adopt Resolution No. 11394; and 2) Establish the assessment per single family detached unit per year for Fiscal Year 2022-2023 for Landscape Maintenance Districts 86-2 (Santiago Hills) and 15-1 (Santiago Hills Overlay) at $ 369.44 and $ 255.60, respectively and $ 221.66 and $ 181.48 respectively for condominiums. The motion carried by the following vote:

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38 City Council Minutes - Draft June 14, 2022
Monaco, Barrios, Dumitru, Tavoularis, Gutierrez, and MurphyAyes:

NoneNoes:

NoneAbsent:

NicholsRecused:

Resolution No. 11394. A Resolution of the City Council of the City of Orange approving the Engineer's Reports and providing for the annual assessment for Landscape Maintenance Districts 86-2 (Santiago Hills) and 15-1 (Santiago Hills Overlay).

10.4. Public Hearing to consider the Fiscal Year 2022-2023 Community Development and Block Grant and HOME Investment Partnerships Programs Annual Action Plan.

Item 10.4 was previously reordered to be heard after Item 10.1.

11. ADJOURNMENT
There being no further business, the meeting was adjourned at 10:10 p.m.

The next Regular City Council meeting will be held on Tuesday, July 12, 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

Page 19 of 19 ends

39 Agenda Item
City Council
Item #: 3.4. 7/12/2022 File #: 22-0234
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 Nieves Landscape, Inc. for landscape maintenance services for the Santiago Hills Landscape Maintenance Assessment District.

2. SUMMARY
An amendment to the agreement with Nieves Landscape, Inc. for turf replacement on medians with California Friendly plants in the Santiago Hills Landscape Maintenance Assessment District as part of a turf rebate program offered through the Municipal Water District of Orange County. The rebate program is offered to qualified applicants as an incentive to replace turf in order to meet State drought regulations.

3. RECOMMENDED ACTION

2. Approve transfer of $262,735 from account 291.7024.56015.20255 - Santiago Hills LAD General Renovations to account 291.7024.51431.00000 - Landscape Maintenance - City Property.

4. FISCAL IMPACT
The total expenditure for this amendment $262,735 and will be funded through Santiago Hills Landscape Maintenance (291).

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces.

6. DISCUSSION AND BACKGROUND
Background
Landscaping in the common areas in the Santiago Hills Landscape Maintenance Assessment District (District) is managed and maintained by the Community Services Department and paid for by the property owners within the District through two annual assessments on each property, Landscape Maintenance District No. 86-2 (LMD 86-2) and Landscape Maintenance District No. 15-1 (LMD 15-1).

City of Orange Printed on 7/7/2022Page 1 of 3
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40 Item #: 3.4. 7/12/2022 File #: 22-0234
Maintenance District No. 86-2 (LMD 86-2) and Landscape Maintenance District No. 15-1 (LMD 15-1).

The City utilizes contract services to maintain landscape for the District, including the landscaped medians throughout.

On January 2, the State Water Board adopted an emergency regulation to conserve water, which became effective on January 18. In late March, Governor Newsom announced that future water restrictions were forthcoming as the state moved into a Stage 2 water shortage. As part of the water restrictions, the use of potable water for irrigation of turf on street medians was prohibited. Although adjustments were made to the irrigation systems in order to provide sufficient water to median trees for their health and safety, the turf is no longer viable under the current water regulations.

Discussion
The Municipal Water District of Orange County (MWDOC) is offering a rebate of $1- $3 per square foot for turf replacement with California Friendly plants for qualified applicants. The medians in the District are eligible for this rebate which include the medians on Chapman Ave. between Newport Blvd. and Jamboree Rd., on Newport Blvd. between Chapman Ave. and Santiago Canyon Rd, on Santiago Canyon Rd. between Newport and Jamboree, and the small median on White Oak Ridge near Newport Blvd.

As the City is a qualified applicant for the rebate program, staff is recommending that the turf within the medians identified be removed and replaced with Myoporum Parvifolium, the low growing ground cover which has been installed on other medians throughout the District. By completing the turf replacement, the medians will be watered within current restrictions, thus allowing the medians to maintain a consistent green appearance to meet community standards while utilizing outside funding to offset the replacement cost.

Nieves Landscape Inc. (Nieves), the City’scurrent landscape contractor, submitted a proposal of $238,850 to complete the maintenance effort. Staff is requesting that the City Council approve the proposed first amendment to the Agreement with Nieves to complete the necessary landscape maintenance. In addition, the amendment includes a 10% contingency of $23,885, bringing the total not-to-exceed amount to $262,735.

The total expenditure will be funded through the Santiago Hills Landscape Maintenance District (291). Depending on the amount awarded by MWDOC, the rebate could range between $58,000 and $174,000 for the turf replacement. With this rebate, the impact to the District’sfund would range between $88,735 to $204,735.

In order to fund this this maintenance, staff is recommending putting on hold the District’sexisting Capital Improvement Project (CIP 20255), which included the renovation of the corners at White Oak Ridge and Newport Blvd and re-appropriating funding for the District’sexisting CIP to the Santiago Hills Landscape Maintenance operating budget to cover the remaining costs for the turf replacement.

Pending the City Council’sapproval, staff will submit an application for the rebate to MWDOC by the end of July. Work will begin once the application and project are approved by MWDOC. In the event that the City’sapplication is not approved, the proposed maintenance effort would not move forward.

Should there be remaining funds after the completion of the turf replacement, the existing CIP will be revisited.

Staff sent an email in June updating homeowners and residents on the turf replacement project to the email distribution list, posted on the City’swebsite, and posted a message on Nextdoor notifying City of Orange Printed on 7/7/2022Page 2 of 3
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41 Item #: 3.4. 7/12/2022 File #: 22-0234
email distribution list, posted on the City’swebsite, and posted a message on Nextdoor notifying followers that the website had been updated. As of the writing of this report, staff received one positive comment in response.

7. ATTACHMENTS
· First Amendment to the Agreement with Nieves Landscape City of Orange Printed on 7/7/2022Page 3 of 3
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42 Agenda Item
City Council
Item #: 3.4. 7/12/2022 File #: 22-0234
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 Nieves Landscape, Inc. for landscape maintenance services for the Santiago Hills Landscape Maintenance Assessment District.

3. RECOMMENDED ACTION

2. Approve transfer of $262,735 from account 291.7024.56015.20255 - Santiago Hills LAD General Renovations to account 291.7024.51431.00000 - Landscape Maintenance - City Property.

4. FISCAL IMPACT
The total expenditure for this amendment $262,735 and will be funded through Santiago Hills Landscape Maintenance (291).

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces.

City of Orange Printed on 7/7/2022Page 1 of 3
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43 Item #: 3.4. 7/12/2022 File #: 22-0234
Maintenance District No. 86-2 (LMD 86-2) and Landscape Maintenance District No. 15-1 (LMD 15-1).

The City utilizes contract services to maintain landscape for the District, including the landscaped medians throughout.

Should there be remaining funds after the completion of the turf replacement, the existing CIP will be revisited.

Staff sent an email in June updating homeowners and residents on the turf replacement project to the email distribution list, posted on the City’swebsite, and posted a message on Nextdoor notifying City of Orange Printed on 7/7/2022Page 2 of 3
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44 Item #: 3.4. 7/12/2022 File #: 22-0234
email distribution list, posted on the City’swebsite, and posted a message on Nextdoor notifying followers that the website had been updated. As of the writing of this report, staff received one positive comment in response.

7. ATTACHMENTS
· First Amendment to the Agreement with Nieves Landscape City of Orange Printed on 7/7/2022Page 3 of 3
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45 FIRST AMENDMENT
TO

MAINTENANCE SERVICES AGREEMENT
[Landscape Maintenance Services for Santiago Hills Assessment District]

THIS FIRST AMENDMENT TO MAINTENANCE SERVICE S AGREEMENT (the “First Amendment”) is made and entered i nto ________________, 2022, by and between the CITY OF ORANGE, a municipal corporation (“City”), and NIEVES LANDSCAPE INC., a California corporation (“Contractor”), with reference to the following:

A. City and Contractor entered into a Maintenance Services Agreement (Agreement No. 7167) dated April 13, 2021, which is incorporated herein by this reference (the “Original Agreement”); and

B. City and Contractor desire to amend the Original Agreement to modify, ame nd and supplement certain por tions of the Original Agreement by amending the scope of services 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 hereby 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 4. 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 SIXTY-TWO THOUSAND SEVEN HUNDRED TH IRTY-FIVE DOLLARS and 00/100 ($262,735.00) 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 ONE MILLION FOUR HUNDRED NINETY-SIX THOUSAND EIGHT HUNDRED SEVENTY-FIVE DOLLARS and 00/100
($1,496,875.00) without the prior written authorization of City.”

46 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 incon sistency between the terms and 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 Agreement, the parties enter into this Agreement on the year and day first above written.

“CONTRACTOR” “CITY”

NIEVES LANDSCAPE INC., a California CITY OF ORANGE, a municipal corporation corporation

*By: By:

Printed Name: Mark A. Murphy, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary Binning
Senior Assistant City Attorney

*NOTE: The City requires the following signature(s) on behalf of the Consultant:
-- (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.

47 EXHIBIT “A”

SUPPLEMENTAL SCOPE OF SERVICES

[Behind this page.]

48 Nathan Bluhm April 21, 2022

CITY OF ORANGE
230 E. Chapman Ave.

Orange, CA 92866

RE: 201-51 SANTIAGO HILLS – Remedial Maintenance/Repair Work on Nine Medians

Dear Nathan,

Nieves Landscape Inc. is pleased to submit the following maintenance/repair proposal to provide scope of work described below.

1. Demo and remove existing turf and thatch to 4” below existing grade.

2. All material for demolition is to be removed off site at Contractor's expense.

3. Adjust grade to provide a 6” minimum depression/swale in center of median and mounding along perimeter of median to provide a 2’ wide ledge at 2” below top of curb.

4. Supply all equipment, material and labor necessary to modify existin g irrigation system, utilizing existing valves and moving existing sprinkler heads to provide 2’ minimum clearance from back of curb towards the center of median, and install new low -volume Spray-Rotor Nozzles at each head as necessary to provide head -to-head coverage, cap any unnecessary heads.

5. Install 1 Gallon Myoporum parvifolium (creeping Myoporum) at 3’ on center to cover a total planting area less the two-foot band away from all curbing. Total square footage of planted area is approximately 45,000 square feet.

6. Install 3” minimum layer of Forest Floor mulch to completely cover all nine medians.

7. The nine medians are as listed: three on Santiago Canyon Road, three on Chapman Avenue, two on Newport & one on White Oak. Total Square footage of all medians is approximately 58,000 square feet.

Total Material & Labor: $238,850.00

This proposal is based on landscape maintenance prevailing wage rates and pricing is valid for a period of ( 30) days from the date of this proposal. Please feel free to call our office if you require further information at (714) 641-3071 or email [email protected] . If you decide to proceed with this proposal, please sign below and send back to us for prompt scheduling.

Sincerely,

NIEVES LANDSCAPE, INC.

Walter Sato
General Manager
WS/ws

Accepted: ___________________________________________ Date: ______________________ 49 Agenda Item
City Council
Item #: 3.5. 7/12/2022 File #: 22-0353
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with Mark Thomas & Company, Inc. for engineering design and environmental consulting services for the Cannon Street Widening Project.

2. SUMMARY
This agreement authorizes Mark Thomas & Company, Inc. to provide consulting services for the engineering and environmental compliance components of the Cannon Street Widening Project (Santiago Canyon Road to Serrano Avenue; SP-4178).

3. RECOMMENDED ACTION
Approve the agreement with Mark Thomas & Company, Inc. in the total amount of $800,198, representing an original amount of $762,093 plus a 5% contingency of $38,105, for engineering and environmental compliance 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 $800,198 and will be funded in Cannon Street Widening (30174) through:

TSIP Citywide (287) $ 188,808
Reimbursable Capital Projects (550) 611,390
Total: $ 800,198

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community d: Maintain and improve multi-modal transportation throughout the City.

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

6. DISCUSSION AND BACKGROUND
This project will widen a portion of Cannon Street from Santiago Canyon Road to Serrano Avenue to accommodate a third northbound thru lane along the segment. The additional thru lane will aid in alleviating the heavy traffic volume experienced during peak-hour periods.

Staff issued a Request for Proposals (RFP) to six consulting firms for engineering design services as City of Orange Printed on 7/7/2022Page 1 of 2
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50 Item #: 3.5. 7/12/2022 File #: 22-0353
Staff issued a Request for Proposals (RFP) to six consulting firms for engineering design services as well as the preparation of the appropriate California Environmental Quality Act (CEQA) documentation with all supportive technical studies. The City received two well-qualifed proposals from the following firms (alphabetical order):

1. Mark Thomas & Company, Inc.

2. Michael Baker International, Inc.

After evaluation of the proposals by City staff, the definitive consensus was that Mark Thomas & Company, Inc. submitted the top-ranked proposal.

Staff recommends awarding a contract to Mark Thomas & Company, Inc. Mark Thomas & Company, Inc. demonstrated an in-depth understanding of the project scope and provided multiple alternatives to address the mitigation of potential project obstacles. In addition, the collective experience of the project team’skey personnel on projects of similar size and scope will be a great benefit to the success of this project.

Public Works staff has secured $618,750 grant funding from the Orange County Transportation Authority (OCTA) for the project’s engineering/planning phase of this project through the Comprehensive Transportation Funding Program (CTFP). As part of this funding, the City has a 25% match requirement of $206,250. Upon completion of the engineering and environmental compliance phase, the City will pursue additional funding for the project construction phase during a future funding cycle.

7. ATTACHMENTS
· Professional Services Agreement
City of Orange Printed on 7/7/2022Page 2 of 2
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51 Agenda Item
City Council
Item #: 3.5. 7/12/2022 File #: 22-0353
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with Mark Thomas & Company, Inc. for engineering design and environmental consulting services for the Cannon Street Widening Project.

4. FISCAL IMPACT
The total expenditure for this agreement is $800,198 and will be funded in Cannon Street Widening (30174) through:

TSIP Citywide (287) $ 188,808
Reimbursable Capital Projects (550) 611,390
Total: $ 800,198

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community d: Maintain and improve multi-modal transportation throughout the City.

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

Staff issued a Request for Proposals (RFP) to six consulting firms for engineering design services as City of Orange Printed on 7/7/2022Page 1 of 2
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52 Item #: 3.5. 7/12/2022 File #: 22-0353
Staff issued a Request for Proposals (RFP) to six consulting firms for engineering design services as well as the preparation of the appropriate California Environmental Quality Act (CEQA) documentation with all supportive technical studies. The City received two well-qualifed proposals from the following firms (alphabetical order):

1. Mark Thomas & Company, Inc.

2. Michael Baker International, Inc.

After evaluation of the proposals by City staff, the definitive consensus was that Mark Thomas & Company, Inc. submitted the top-ranked proposal.

7. ATTACHMENTS
· Professional Services Agreement
City of Orange Printed on 7/7/2022Page 2 of 2
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53 PROFESSIONAL SERVICES AGREEMENT
[Engineering Design & Environmental 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 MARK THOMAS & COMPANY, 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 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 understand s 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 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.

Kevin Yamakawa, Associate Civil Engineer (“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 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 SEVEN HUNDRED SIXTY-TWO THOUSAND NINETY-THREE DOLLARS and 00/100 ($762,093.00) without the prior written authorization of City.

b. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhe ad, 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 autho rized extra work actually performed or incurred.

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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 s ervices 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 fed eral 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 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 a ct 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 qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement. 55 3
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 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 wor k provided for in this Agreement within ten (10) days of 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.

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 specif y, 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 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:

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 56 4
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 A greement, 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 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 Agreeme nt, 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.

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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 Indemnite es, 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 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 unde r any 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 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.

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 editi on 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 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 such 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 be subject to all of the requirements stated herein.

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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.

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

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(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 comple tion 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.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.

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 sa id 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 and signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agree ment shal l not be compensated.

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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 b elow. 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”

Mark Thomas & Company, Inc. City of Orange
2833 Junction Avenue, Suite 100 300 E. Chapman Avenue San Jose, CA 95134 Orange, CA 92866-1591
Attn.: Julie Passalacqua Attn.: Kevin Yamakawa

Telephone: 916-712-2197 Telephone: 714-744-5553
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.

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

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

“CONTRACTOR” “CITY”

MARK THOMAS & COMPANY, 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 resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to City.
63 EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
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SCOPE OF SERVICES
TASK 1. PROJECT ADMINISTRATION
Task 1.1. Project Management
Mark Thomas will coordinate with the City and manage the project team. This includes preparing contract paperwork, memos, letters, and emails, and making phone calls. Management activities also including preparing monthly invoices and status reports, which will include summation of work by task, progress relative to adopted project schedule, projected work activities, and outstanding issues. Mark Thomas will adhere to the project budget, and will actively manage sub-consultant budget requirements. The project is anticipated to last 14 months from Notice to Proceed to construction advertisement.

Task 1.2. Project Meetings
Mark Thomas will organize, schedule, and lead project meetings as needed. This includes preparing meeting agendas and meeting minutes summarizing discussion items and action items. It is assumed there will be 12 meeting held via conference call and 2 in person meetings Task 1.3. Project Schedule
Mark Thomas will develop and maintain a critical path method (CPM) design schedule for the environmental, permitting, hydraulic, geotechnical and bridge design phases of the project. The schedule will be updated as progress is made, with critical path activities clearly shown for team review purposes. The project schedule tasks will align with the tasks included within the Scope of Services.

Task 1.4. Quality Control
Mark Thomas will prepare and implement our established Quality Assurance (QA) Procedures to verify that all deliverables have been reviewed for completeness and accuracy, that the submittals conform to the applicable standards, as well as to check that the deliverable satisfies the purpose and need for the submittal. We will complete and document an independent technical review of each major submittal. Review comments will be addressed prior to submittal to the City. Mark Thomas will review subconsultant submittals according to the same standards.
• Monthly Invoices and Progress Reports
• Meeting Agendas and Minutes
• Project Schedule
• Quality Control Documents
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TASK 2. SURVEY
Task 2.1. Control Survey
Mark Thomas will perform a field survey to establish the control necessary for the project area. Project horizontal control (NAD83) and vertical control (NAVD88) will be established based upon GPS ties to the CSRC network, California Coordinate System 1983 (CCS83), Zone VI, Epoch 2017.5 for horizontal and vertical. Additional local benchmarks from the Orange County Geodetic Control will also be verified, for elevation control and confirmation. Mark Thomas will include control points in the Electronic Base Map which will include coordinates and elevations used for each point.

Task 2.2. Boundary Survey
Mark Thomas will perform record research of existing Record of Surveys, Subdivision and Parcel Maps, and Corner Records, to verify existing centerlines together with the necessary field survey ties to locate sufficient monuments to verify the alignment and right-of-way of Cannon Street. Mark Thomas will obtain and review Preliminary Title Reports (PTR), as well as review supporting documents provided by the City, for use in determining property lines and easements that may impact acquisition for the six (6) parcels identified in Task 6.1 Plats and Legal Descriptions. An ODC among of $500 per PTR has been budgeted. It is assumed that sufficient monumentation will be in place and no material discrepancies between record monuments and field monuments will be found.

Additional survey work required to satisfy Monument Preservation is not included in this scope.

Task 2.3. Field Survey
Mark Thomas survey crews use Trimble Data Collectors TSC 5 and TSC 7 with current versions of Trimble Access for field data collection. Survey field data is processed in Trimble Business Center and Trible Real Works. If City provides current symbol library and layering standards for CAD, Mark Thomas will use them for the Topographic Survey Mapping file, which will be delivered in Autodesk Civil 3D format.

Mark Thomas will perform field survey to collect topographic data within the project limits intended to serve as the basis for design work throughout the project. Stational Terrestrial Lidar Scans (STLS) will be conducted to collect features across the right of way of Cannon Street between Santiago Canyon Road and Serrano Avenue, limited to face of wall where it exists. Data extracted from the STLS will be used to develop a topographic survey which will include surface visible improvements in the right of way, including locations of walls (grade shot at bottom face). Features to be captured include, but are not limited to sidewalks, curb and gutter, driveways cuts, curb ramps, fences, walls, surface visible utility improvements, surface visible storm and sewer facilities, trees, street lighting, signing, striping, markings, grade breaks, top and toe of dirt areas. Within Cannon Street, trees will be surveyed. Structural elements will include pier walls, abutments, soffits, and any exposed footings.

Surface visible storm and sewer structures within the roadway will be dipped to determine invert elevations and pipe diameters. Field crews will rely on markings on utility lids to identify the utility. Underground utility detection and locating is excluded in this scope of work. Four (4) total Cross-sections up to 400’ long each will be taken along the channel at the faces of existing bridge and at approximately 100 feet upstream and 100 feet downstream of the bridge. At the cross section, trees over 6” diameter at breast height will be included in the cross section.

Right of way and property boundary lines as established will be shown on the topographic map with ties to sufficient survey monuments as field located and verified. 66 Cannon Street Widening Project
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• Project Topographic Base Map derived from field data (AutoCAD Civil 3D 2019) • Survey Control Report – for horizontal and vertical control • Survey field notes and site photos
TASK 3. CEQA REQUIREMENTS
Task 3.1. Technical Studies
The following technical analyses, memoranda or reports are in support of the Initial Study (IS) and Mitigated Negative Declaration (MND). For the purposes of this scope, the study areas for the technical studies are assumed to cover the limits provided in the proposed project’s geometric exhibit provided in the RFP. Preparation of one draft and one final analyses/memorandum/report for each topic area below is specified.

Task 3.1.1. Cultural Resources Memorandum
An archaeological and historical records review and literature search at the South Central Coastal Information Center (SCCIC) of the California Historical Resources Information System, located at California State University, Fullerton will be conducted. The SCCIC houses pertinent archaeological site and survey information necessary to determine if previously recorded cultural resources exist within 0.5 mile of the project area. All pertinent references will be reviewed and summarized in the cultural resources memorandum. The cost of the record search will include hourly initiation and a reimbursable SCCIC cost.

Native American consultation under Assembly Bill (AB) 52 is necessary for this project. It is the responsibility of the Lead Agency to conduct this consultation. Per the RFP, LSA will assist with consultation, which is described below. If the project qualifies as a Categorical Exemption, it will not be necessary for the Lead Agency to conduct Native American consultation.

A pedestrian field survey of the approximately 0.6-mile linear project area will be conducted in order to identify and document previously unrecorded resources on Department of Parks and Recreation (DPR) forms, as well as to update existing DPR forms in accordance with guidelines established by the State of California Office of Historic Preservation (OHP).

The results of the cultural resource record and the Native American consultation will be documented in a negative cultural resource technical memorandum. This memorandum will discuss the potential for the project to impact cultural resources and, if needed, include avoidance measures and other recommendations to minimize these impacts. This proposal assumes negative findings. If, the results of the record search indicate that one or more cultural resources have been recorded in the project area, updating the resource(s) will be necessary and a budget augment will be required to complete that work and to prepare a more comprehensive positive report.

Task 3.1.2. Paleontological Resources Memorandum
A fossil locality search through the Natural History Museum of Los Angeles County (NHMLAC) will be conducted to establish the status and extent of previously recorded paleontological resources within the project area, as well as within the same or similar deposits as those found in the project area. This locality search will help determine the types of paleontological resources that may be encountered during project development. Current geologic maps of the project area will be examined, and relevant geological and paleontological literature reviewed. This 67 Cannon Street Widening Project
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literature review will determine which geologic units are present within the project area and provide additional information regarding the types of paleontological resources that may occur in those deposits, their scientific significance, and potential methods to mitigate impacts to those resources. Based on the information from the fossil locality search and literature review, a pedestrian survey of the project area will be conducted to note the sediments and any exposed paleontological resources that may be present. The results of the fossil locality search through the NHMLAC, the literature review, and the field survey will be documented in a paleontological resources technical memorandum. This memorandum will discuss the potential for the project to impact paleontological resources and, if needed, include avoidance measures and other recommendations to minimize these impacts.

Task 3.1.3. Biological Resources Memorandum
A biological resources memorandum will be prepared that evaluates the effect of the project on biological resources in the study area. Current information from databases, including the California Native Plant Society Inventory of Rare, Threatened, and Endangered Plants of California, the United States Fish and Wildlife Service’s Information for Planning and Consultation, and the California Department of Fish and Wildlife’s California Natural Diversity Database RareFind will be reviewed to identify sensitive or special-status biological resources that have a potential of occurring within or adjacent to the project area. A field survey of the project impact area will be conducted to ascertain the potential for identified elements to occur. The results of the database review and field survey will be documented in the biological resources memorandum and any appropriate avoidance and minimization measures will be identified. All observable biological and potentially jurisdictional resources will be identified; however, this scope does not include a formal jurisdictional delineation, bat emergence surveys, or focused/special-status species surveys. A formal jurisdictional delineation, and bat emergence surveys have been included as optional tasks.

Task 3.1.4. Arborist Report
An LSA Certified Arborist (certified by the International Society of Arboriculture) will visit the site to inventory all accessible trees within the project limits. The scope of this proposal is based on evaluating an estimated 30 trees.

Data pertaining to each tree (i.e., species, height, diameter at 4.5 feet above grade, health/structural stability) will be recorded on a data sheet and by digital photograph; the location of each will be recorded with a sub-meter accurate GPS unit. The results of the tree survey will be compiled into a Tree Report for use in the planning process. The scope of this proposal specifically excludes the preparation of hazard tree analysis or treatment/re- evaluation of diseased or infested trees.

Task 3.1.5. Jurisdictional Delineation
A routine/preliminary jurisdictional delineation (JD) of the subject property in accordance with the currently accepted United States Army Corps of Engineers (USACE), California Department of Fish and Wildlife (CDFW), and Regional Water Quality Control Board (RWQCB) delineation methods and guidelines, as referenced below, will be completed.

Prior to conducting fieldwork, available information/data, including aerial photographs and United States Geological Survey (USGS) topographic maps, will be reviewed to identify those areas within the delineation study area that may qualify as jurisdictional waters. Furthermore, aerial imagery and topographic maps will be used to conduct a desktop analysis of the delineation study area to identify and map any potential jurisdictional areas that can then be verified during the subsequent fieldwork.
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If any potential USACE jurisdictional wetlands are present, a three-parameter delineation will be conducted according to the 2008 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (version 2.0) and the 1987 Corps Wetland Delineation Manual. The jurisdictional limits of non-wetland waters of the United States (WOTUS) will be delineated according to the revised definition of “waters of the United States” (i.e., final Navigable Waters Protection Rule), which was published in the Federal Register on April 21, 2020, and became effective on June 22, 2020.

The extent of any jurisdictional streambed and, if present, any associated riparian habitat subject to review by CDFW under Section 1602 of the California Fish and Game Code will also be delineated. Any waters of the State (WOTS) that are identified as jurisdictional by the RWQCB and that might not otherwise be considered jurisdictional by the USACE and/or CDFW will be delineated. The State Water Resources Control Board (SWRCB) recently adopted the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State, which became effective on May 28, 2020. Any RWQCB permit application submitted after May 28, 2020, must comply with these procedures. As such, any features that meet the new State wetland definition will be delineated in accordance with the current definition and procedures. The jurisdictional limits of non‐wetland WOTS will be identified following the applicable RWQCB guidelines.

Following the completion of the JD fieldwork, the field data collected will be analyzed to determine whether potential jurisdictional drainages on site are ephemeral, intermittent, or perennial based on the USACE’s current methods/guidelines. A technical report will be prepared presenting the methodologies and results of the JD fieldwork and subsequent analyses. This will include a geographic information system (GIS) based graphic showing the limits of potential federal and/or State jurisdictional features on site. A draft of the JD report will be provided in digital form for City review. No more than one round of consolidated document review is assumed. Upon receipt of all comments and/or suggested revisions, if any, the JD report will be summarized and a digital copy of the report submitted to the City, including all graphics and any attachments. The need for extensive revisions is not anticipated and as such LSA has allocated up to 3 hours for addressing any comments and/or suggested revisions before finalizing the report. Subsequent agency coordination and/or any other biological consulting services not specifically addressed in this scope of work are not anticipated. For instance, scope includes the preparation of a preliminary JD. Preparation and submittal of a request for a formal Approved Jurisdictional Determination (AJD) from the USACE is not included. If an AJD is needed and/or requested, amendment to the scope and budget would be required.

Task 3.1.6. Nighttime Acoustic and Emergency Surveys for Bats (Optional) At structures where suitable bat roosting habitat is found during the assessment, follow-up nighttime surveys will be performed to verify occupancy, and to determine the numbers and species of bat(s) present. These nighttime surveys, which will be performed by the bat specialist and one trained field assistant, will begin no later than one- half hour before sunset and continue until at least two hours after sunset to permit detection of both day- and night-roosting bats within the structure. Numbers of any emerging bats will be determined visually at dusk. Any acoustic records will be used to verify bat presence and, when possible, to identify species. The acoustic monitoring will be done with full-spectrum Pettersson D-240X and Wildlife Acoustics EM3+ ultrasound detectors, with calls recorded on digital media recorders for later analysis. It is not possible to identify every call to species using this system. Some calls are fragmentary and inappropriate for analysis, while others overlap two or more potential species. In addition, not all bats recorded will be those exiting or entering the bridge in question. Some are foraging bats en route to or from other structures. It is important, therefore, to have observers on site in order to correlate calls with visual observations.
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The potential impacts to bats from construction activities cannot be adequately assessed, nor can appropriate species-specific minimization measures be determined, without adequate knowledge of the size(s) and species composition, including any seasonal variation if present, of any bat colonies roosting within a given bridge structure. Therefore, one nighttime survey should be performed during the fall/winter season to determine the numbers and species of bats roosting within each structure containing suitable roosting habitat to assess its potential for use as a hibernacula. The other survey should be performed during the maternity season (between April 1–August 31), but preferably during the period between June 1 and August 15, in order to determine the numbers and species of any bats utilizing the bridge as a maternity roost. Separate seasonal surveys are needed because species composition and numbers of bats often change seasonally at a given roost site. These surveys would serve as preconstruction surveys for the project.

The results of all bat surveys will be documented in a letter report that will include a species list and graphic (if applicable). The report will also include recommended measures to minimize direct impacts to roosting bats; these measures will be consistent with typical bat-related CDFW measures for wildlife protection included in Streambed Alteration Agreements. Minimization measures that may be required by the resource agencies commonly include, but are not limited to, seasonal restrictions on specific work activities, humane eviction/exclusion of bats from directly affected work areas during the fall months preceding construction activities, and installation of alternative roosting habitat to mitigate for impacts to roosting habitat. Therefore, in order to avoid potential construction delays, it is useful to be aware of any potential scheduling limitations as far in advance of construction as possible. This proactive approach also facilitates coordination with the resource agencies such as CDFW.

Task 3.1.7. VMT Analysis
Our team does not believe that a full vehicle miles traveled (VMT) analysis (i.e., analysis of induced growth) is necessary for the proposed project. The State’s Technical Advisory on Evaluating Transportation Impacts in CEQA and City guidelines provide specific examples of projects anticipated to have a less than significant impact on VMT. As the project could be described as the addition of turn lanes or the addition of an auxiliary lane of less than 1 mile, the project would be considered to have a less than significant impact on VMT. Furthermore, it is not anticipated that the proposed project would result in a redistribution of traffic given the absence of additional through capacity. Therefore, preparation of a traffic impact analysis (TIA) is not required.

The transportation effects will be analyzed within the IS/MND. This scope of work does not include preparation of stand‐alone technical reports. The analysis will be prepared consistent with all applicable City procedures and requirements. An independent data collection company will be contracted to collect a.m. and p.m. peak hour traffic volume at the four intersections along the project boundaries and daily traffic volume at the middle of the project boundaries. A vehicle level of service (LOS) analysis will be prepared for the existing and proposed intersection configurations. If the City anticipates a redistribution of regional traffic, a future year analysis of traffic volume will be performed and provided by the City.

Vehicle LOS during construction will be analyzed. Specific items requested to perform the construction analysis will include (but are not limited to):
• Staging/phasing – A description of staging area location(s), construction phases, and phase duration (including potential overlapping phases)
• Workers (for each phase) – Approximate number of workers on a typical day, construction schedule/hours (i.e., estimated arrival/departure times), possible carpool/vanpool options, and access routes 70 Cannon Street Widening Project
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• Hauling/deliveries (for each phase) – Anticipated number of haul/delivery trucks on a typical day, truck schedule/hours, and designated truck routes
• Machinery/equipment (for each phase) – A description of any heavy machinery/equipment that requires transport to/from the project site (not included as part of staging or hauling/deliveries) • Lane Closures – A description of any anticipated lane closures by project phase Trip generation calculations will be prepared for the proposed project’s temporary project construction (accounting for passenger vehicle equivalents and the potential overlap of construction activities). A construction trip generation summary table will be prepared for review and approval by the City. The additional trips during the busiest construction phase will be analyzed with potential lane closures to determine whether any additional accommodations are necessary to maintain traffic flow during construction.

Responses to the CEQA Checklist questions related to transportation and traffic will be prepared and incorporated into the IS/MND. Applicable City programs, plans, ordinances, and policies addressing the circulation systems (including transit, roadway, bicycle, and pedestrian facilities) will be researched. The proposed project’s vehicle miles traveled per State CEQA Guidelines §15064.3, subdivision (b) will be provided. The proposed project’s geometric design features and adequacy of site access will be assessed. Mitigation will be identified, if necessary for any of the four CEQA checklist questions. Supporting documentation will be provided as an appendix to the environmental document.

Task 3.1.8. Noise and Vibration Impact Analysis Memorandum A noise and vibration impact analysis memorandum will be prepared that assesses the project’s potential noise and vibration impacts. Applicable City noise and vibration standards, goals, and policies in the General Plan Noise Element and the Municipal Code for land uses within the project area will be reviewed and discussed. In addition, the memorandum will discuss vibration standards in the 2018 Federal Transit Administration (FTA) Transit Noise and Vibration Impact Assessment Manual for land uses adjacent to the project site.

Up to two long-term ambient noise level measurements will be conducted within the project area. The long-term ambient noise level will be documented for 24 hours. Noise sources in the project area will be identified. The ambient noise levels will be used to assess the existing ambient noise environment in the project vicinity. The areas with potential noise impacts will be identified using land use information, aerial photographs, and field reconnaissance.

Noise impacts from construction sources will be analyzed based on the equipment expected to be used, length of a specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percent of time in use. Federal Highway Administration (FHWA) recommended noise emission levels will be used for the construction equipment. The construction noise impact will be evaluated in terms of the maximum instantaneous noise levels (Lmax), hourly equivalent continuous sound levels (Leq), and frequency of occurrence at adjacent sensitive locations. Analysis requirements will be based on the sensitivity of the area and City Noise Ordinance specifications.

Vibration impacts from construction sources will be analyzed based on the equipment expected to be used. The FTA-recommended equipment vibration levels will be used for the construction equipment. The construction vibration impact will be evaluated in terms of the peak particle velocity (PPV, measured in inches per second [in/sec]) and the vibration velocity decibels (VdB) for building damage and human annoyance, respectively. 71 Cannon Street Widening Project
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Analysis requirements will be provided based on the sensitivity of the area directly adjacent to the project site, City vibration standards, and the FTA recommendations.

Noise levels generated from aircraft operations in the project vicinity and vehicular traffic will be evaluated.

Aircraft noise will be assessed based on the project location and the location of the airport noise contour. For vehicular traffic, the proposed project is not anticipated to generate new vehicular traffic trips. However, vehicular traffic on Cannon Street may increase due to area growth and traffic currently using other existing routes being attracted to the improved road. Noise impacts from vehicular traffic will be assessed using the Federal Highway Administration (FHWA) Highway Traffic Noise Prediction Model for the noise impact analysis.

Model input data needed include average daily traffic (ADT) volumes, peak-hour traffic volumes, percentages of autos and medium and heavy trucks, vehicle speeds, ground attenuation factors, and roadway widths. The 24- hour weighted average Community Noise Equivalent Level (CNEL) along Cannon Street that would be affected will be tabulated. Traffic parameters necessary for the model input will be obtained from the traffic study prepared for this project.

Avoidance or minimization measures designed to reduce short- and long-term noise and vibration impacts to acceptable levels will be determined where necessary.

Task 3.1.9. Air Quality and Greenhouse Gas Emission Analysis Memorandum An analysis that assesses the project’s potential impacts on air quality and greenhouse gas (GHG) emissions will be conducted. Baseline and project setting meteorological and air quality data in the South Coast Air Basin area provided by the California Air Resources Board (CARB) and climatological and air quality profile data gathered by the South Coast Air Quality Management District (SCAQMD) will be utilized for the description of existing ambient air quality. Air quality data from the Anaheim air quality monitoring station for the past 3 years will be included to help highlight existing air quality local to the proposed project limits.

Construction would take place during project implementation. Air quality impacts associated with construction to the extent the project specific details are known, such as road demolition, grading, and paving information, the construction equipment used, and the length of time for a specific construction task. Exhaust and dust emissions from worker commutes and equipment travel would also contribute to construction emissions will be assessed.

Fugitive dust emissions would result from earth disturbing operations, vehicles traveling on paved and unpaved roads, and wind erosion of any exposed soil and soil storage piles.

Construction emissions commensurate with the available project‐specific information (e.g., the start and end dates, operations schedule, equipment inventory, soil import and/or soil and construction waste export quantities, and location from/to which soil and waste will be hauled) or standard defaults, will be calculated using the latest version of the California Emissions Estimator Model (CalEEMod) and following the SCAQMD California Environmental Quality Act (CEQA) Air Quality Handbook guidelines. For specific construction details not provided, the analysis will use assumptions based on standard construction practices. Standard measures for construction activities recommended by the SCAQMD will be identified and incorporated as part of the proposed project’s standard conditions.

A localized significance analysis will be prepared to evaluate the potential impacts on the nearby sensitive receptors along Yale Boulevard from emissions from both short‐term construction activities and long‐term project operations. These localized significance threshold (LST) impacts will be evaluated using the SCAQMD’s LST screening‐level methodology.
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The GHG emissions associated with construction activities will be calculated using the same methodology as described above. The calculations will consider emissions of carbon dioxide (CO2), a key GHG identified in Assembly Bill 32, and other major GHGs such as methane (CH4) and nitrous oxide (N2O) from construction‐related sources.

The proposed project would add an additional thru-lane in one direction and widen sections of the roadway, thus improving the level of service. These changes are not expected to generate new vehicular traffic trips. However, vehicular traffic on Cannon Street may increase due to area growth and traffic currently using other existing routes being attracted to the improved road. The air quality and GHG analysis will compare the emissions from the proposed project traffic with the existing condition to determine the potential impacts. Model input data needed include average daily traffic (ADT) volumes, peak-hour traffic volumes, percentages of autos and medium and heavy trucks, and average vehicle speeds.

Task 3.1.10. Phase 1 Initial Site Assessment (ISA)
Leighton will prepare a limited Initial Site Assessment (ISA) to identify existing hazardous materials conditions that might affect the project. Leighton will review selected federal, state, and regional environmental agency databases for information pertaining to sites and facilities within the specified minimum search distances established by E 1527-13/-21 and AAI. The records review will include historical sources of information that show the site such as aerial photographs, fire insurance maps, property tax files, recorded land title records, USGS 15 and/or 7.5-minute USGS topographic maps, local street directories, building department records, zoning/land use records, and other historical sources
Leighton will visit the site for an observational reconnaissance to look for exposed and visible indications of environmental conditions. This includes observations of the current conditions of the onsite structures, roads, potable water supply, sewage disposal system, hazardous substances and petroleum products, aboveground and underground storage tanks or vent pipes, fill pipes or access ways indicating an underground storage tank, odors, pools of liquid, sumps, drums, polychlorinated biphenyls (PCBs) containing equipment, heating and/or cooling system, stains or corrosion, pits, ponds or lagoons, stained soil or pavement, stressed vegetation, solid waste, wastewater (including clarifiers), wells and dumping. Land use of immediately adjacent properties will be visually and/or physically observed and documented and conditions indicative of hazardous materials or potential hazardous materials concerns will be documented, to the extent possible. Current site conditions will be photographed.

Where warranted by the research and observation, Leighton will make reasonable attempts to conduct interviews with persons identified as knowledgeable about past and present site usage. A reasonable attempt will also be made to interview local government officials for information regarding hazardous waste disposal or other environmental issues that may exist at the site.

Leighton will prepare an Initial Site Assessment Report summarizing the findings and conclusions and providing recommendations. The report will state data gaps due to a lack of or inability to obtain information on the site despite Leighton’s good faith efforts. No subsurface exploration, sampling or testing is included.

Task 3.2. Initial Study/Mitigated Negative Declaration
As described above, the approach to the Environmental Document includes the preparation of key technical studies that would be used to support the IS, MND, or CE, as applicable. Based on the results of the technical studies, the two options for environmental clearance are proposed:
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1. In the event the technical studies conclude the project may result in a potentially significant impacts requiring mitigation, an IS/MND would be prepared for clearance under CEQA.

2. In the event the technical studies demonstrate the project would not result in any potentially significant impacts requiring mitigation, a Notice of Exemption would be prepared. If this occurs, a revised scope would be provided to the City.

The RFP requests an analysis based off of an Initial Study (IS) be prepared for the project, and if any significant impacts requiring mitigation are identified during preparation of the technical studies, an Initial Study/Mitigated Negative Declaration (IS/MND) would be prepared for CEQA compliance. Rather than providing a separate IS that only identifies potentially significant impacts, the IS will be combined with the MND so that there is only one document for the City to review. The following tasks would be included with the preparation of the IS/MND:

Administrative Draft IS/MND. An Administrative Draft IS/MND will be prepared and submitted in an electronic copy for City review. The format will be consistent with the City’s IS Checklist, and the technical analyses from the memoranda described in Task 2 above will be incorporated into the IS/MND. The City’s comments on the Administrative Draft IS/MND will be responded to; necessary revisions completed; and copies of the revised document submitted for City review. This scope and budget anticipates one set of non-conflicting and consolidated comments.

Public Review Draft IS/MND. Upon receipt of City comments on the revised Draft IS/MND, the IS/MND will be revised and submitted to the City for review prior to distribution for public review. Digital copies, either website upload or USB drive, of the document will submitted to the City, State Clearinghouse, responsible and trustee agencies, and City libraries; no hard copies would be produced. The Draft IS/MND will be made available for public review on the City’s website, the State Clearinghouse’s website through the CEQANet database, and on the websites for City libraries.

Notice of Intent/Public Notice. In coordination with City staff, a combined Draft Notice of Intent/Public Notice regarding the availability of the Draft IS/MND for public review, which will be mailed with the document for public review will be prepared. The City will be responsible for publication of the public notice in a general circulation newspaper. Copies of the public notice will be mailed to interested parties/property owners on a distribution list provided by the City. A Notice of Completion will be filed with the State Clearinghouse to begin the required public review period. The Notice of Intent/Public Notice will be filed with the Orange County Clerk-Recorder.

Response to Comments/Errata. Written responses to comments received on the Draft IS/MND that raise substantive environmental issues will be prepared and submitted to the City for review after the close of the public comment period. Revisions to the text of the Draft IS/MND will be provided in a separate Errata document in order to minimize the level of effort associated with the Response to Comments. After receipt of City comments, the Draft IS/MND, Response to Comments, and Errata will be finalized for Transportation Commission, Planning Commission, and City Council review. Our scope and budget anticipate one set of non-conflicting and consolidated comments.

Mitigation Monitoring and Reporting Program. A Mitigation Monitoring Program (MMRP) in accordance with CEQA Guidelines Section 15097 will be prepared for use in ensuring implementation of the identified mitigation measures for the project. The Draft MMRP will be submitted electronically to the City for review and comment, and the Final MMRP will be provided to the City along with the IS/MND. 74 Cannon Street Widening Project
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Notice of Determination. A Notice of Determination (NOD) will be prepared and submitted to the City for signature. The NOD will be filed with the Orange County Clerk-Recorder following the City’s adoption of the IS/MND. The CDFW filing fee and County Clerk filing fees will be provided by the City. Filing fees will be submitted to the County Clerk with the NOD.

Task 3.3. Regulatory Permitting
Permit applications will be prepared for the 404 permit, 401 Certification, and Streambed Alteration Agreement, if impacts to jurisdictional waters are identified during preparation of the technical analysis supporting the IS/MND.

Task 3.3.1. 404 Permit Application
Obtaining authorization under Section 404 of the Clean Water Act (CWA) requires that the applicant prepare a notification requesting authorization for fill of jurisdictional waters. It is assumed the proposed impacts to any USACE jurisdiction on site will qualify for a Nationwide Permit (NWP). Preparation and submittal a Preconstruction Notification (PCN) to the USACE is proposed. A detailed form required by the USACE will be completed as part of the PCN submittal along with a detailed cover letter, including graphics and various other attachments (e.g., cultural resources report, proposed construction and maintenance BMPs). There is no filing fee required by the USACE as part of their permit process. The PCN package will be provided in draft form for City review. One round of revisions is specified. Upon receipt of a consolidated set of comments or suggested revisions, the application will be finalized and a copy of the submittal package distributed to the City and the applicable agencies. This proposal does not include an allocation of consultant time and budget for 1) the preparation of a Habitat Mitigation and Monitoring Plan (HMMP); or 2) the processing of all the details associated with participating in an agency-approved mitigation bank or acquiring and/or setting up a conservation easement (or deed restriction) over off-site properties. If an HMMP is required by the USACE, amendment to this scope of work would be required.

Task 3.3.2. Section 401 Water Quality Certification Application It is anticipated that a project-specific Section 401 water quality certification from the Regional Water Quality Control Board (RWQCB) will be necessary for the proposed project. This effort involves preparing a separate application package for submittal to RWQCB that includes preparing a detailed form required by RWQCB. This form addresses water quality and wetland issues, best management practices, and potential impacts to beneficial water uses. Any compensatory mitigation measure prepared and proposed for the PCN described above will also apply to this application submittal. If a Water Quality Management Plan has been or will be prepared, it too will be included with the application package. In expediting the permit process, it is important to note that the USACE will not issue its final authorization as a condition of the NWP until the USACE has received a copy of the water quality certification from the RWQCB. RWQCB requires a fee for fill or dredge operations based on the quantity of fill with respect to waters of the United States. This application filing fee will be provided by the City and included in the Section 401 application package. The application package will be provided in draft form for City review. One round of revisions of the application is anticipated. Upon receipt of a consolidated set of comments or suggested revisions, the permit package will be finalized and a copy of the application package distributed to the City and the applicable agencies.

Task 3.3.3. Section 1602 Streambed Alteration Notification Through provisions of the California Fish and Game Code (Section 1600 et seq.), the CDFW has jurisdiction to enter into agreements for any alteration of a river, stream, or lake where fish or wildlife resources may be adversely affected. Preparation and submittal of a Notification of Streambed Alteration to CDFW is proposed. A 75 Cannon Street Widening Project
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detailed form (FG2023) required by the CDFW will need to be completed as part of the notification package along with a detailed cover letter, including graphics and various other attachments. Two of the attachments required by CDFW are a copy of the signed, stamped, and finalized CEQA Notice of Determination (NOD) or Notice of Exemption (NOE) and proof that the CEQA filing fee (if applicable) has been paid to CDFW. Lastly, the applicable Streambed Alteration filing fee, based on the estimated cost associated with the activity resulting in impacts to CDFW jurisdiction, will be provided by the City. The notification package will be provided in draft form for City review. One round of revisions is assumed. Upon receipt of a consolidated set of comments or suggested revisions, the notification package will be finalized and a copy of the notification package distributed to the City and the applicable agencies. A comprehensive mitigation plan, such as an HMMP, is not expected to be required as part of this authorization effort; however, if CDFW or one of the other agencies should require a comprehensive mitigation plan, amendment to this scope of work would be required.

Task 3.4. PS&E Environmental Compliance Review
In support of completion of 95% PS&E, LSA will complete an Environmental Compliance Review to ensure that all environmental commitments and regulatory permit conditions of approval are correctly included in the project design and specifications. LSA will review 95% plan sheets and confirm locations of environmentally sensitive areas and environmental work limits as required by the CEQA document and regulatory permits. LSA will also review 95% specifications to confirm that environmental commitments are correctly included. Finally, LSA will support the City to meet its regulatory permit mitigation obligations by identifying mitigation banks that would be meet the qualifications for purchase of mitigation bank credits or payment of in- lieu fees, as applicable and appropriate pursuant to regulatory permits.
• Cultural Resources Memorandum
• Paleontological Resources Memorandum
• Biological Resources Memorandum
• Arborist Report
• Jurisdictional Delineation (optional)
• Nighttime Acoustic and Emergent Bat Survey (optional) • VMT Analysis
• Noise and Vibration Impact Analysis Memorandum
• Air Quality/Greenhouse Gas Emission Analysis Memorandum • Initial Site Assessment Report
• Initial Study/Mitigated Negative Declaration
• Resource/Regulatory Agency Permits
TASK 4. STRUCTURAL BRIDGE WIDENING DESIGN
Task 4.1. Bridge Feasibility Report
Mark Thomas will prepare a Bridge Feasibility Report to assist the City in determining the best suited widening alternative for the project. Prior to preparing the Bridge Feasibility Report, Mark Thomas will discuss with the City 76 Cannon Street Widening Project
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the alternatives to be considered in the report. Two different alternatives are assumed to be presented in the report, which will discuss the advantages and disadvantages of the alternatives and will address geotechnical, hydraulic, constructability, right of way, and environmental issues, as well as costs. The report will include a General Plan and General Plan Estimate for each alternative. The report will be submitted to the City for review and approval.

Task 4.2. 65% Structure Plans
Mark Thomas will prepare structural calculations and bridge plans for the selected widening alternative. For the purposes of this scope of work, it is assumed that a three-span precast I girder will be the preferred structure alternative. The structure design will be performed in accordance with AASHTO LRFD Bridge Design Specifications, 8th Edition with California Amendments and Caltrans Seismic Design Criteria, Version 2.0. The latest versions of the Caltrans Bridge Design Manuals will be used. It is assumed that bridge aesthetics will not be included in the design. In general, it is anticipated that the following structure plan sheets will be prepared:

Bridge Plans # of sheets
General Plan 1
Index to Plans 1
Foundation Plan 1
Abutment Layout 1
Abutment Details 2
Pier Layout 1
Typical Section 1
Girder Layout 1
Girder Details 1
Utility Details 2
Log of Test Borings 4
Total Bridge Plan Sheets 16
Task 4.3. 95% Structure Plans
City comments from the 65% submittal will be addressed and incorporated into the 95% design. Responses to comments will be prepared and submitted.

Mark Thomas will perform an independent design check of the bridge plans in conformance with Caltrans bridge design procedures. The independent check will be completed by an engineer who was not involved in the original design of the structure. Calculations and computer runs will be performed to check the bridge layout and structural integrity. Upon completion of the independent check, discrepancies between the designer and checker will be reconciled and plans updated.

Task 4.4. Structure Special Provisions
Mark Thomas will develop structure special provisions using 2018 Caltrans Standard Specifications. The structure special provisions will be prepared using Microsoft Word. Special provisions for the bridge will be submitted at the 95% and Final submittals. It is assumed the City will provide the roadway special provisions and boilerplate contract language and will fold the structure special provisions in at the 95% submittal. 77 Cannon Street Widening Project
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Task 4.5. Engineer’s Estimate
Mark Thomas will develop quantities and prepare construction cost estimates for the bridge widening. Cost estimates will be calculated at the 65%, 95%, and Final submittals. Construction costs will be developed using current bid results from similar projects, Caltrans database information and from Caltrans latest Construction Cost Manual. All estimates will be done in Caltrans BEES format using Microsoft Excel.

Task 4.6. Final PS&E Submittal
City comments from the 95% submittal will be addressed and incorporated into the final design. Responses to comments will be prepared and submitted. All final plan revisions will be made. Updates to the specifications and estimate will be completed. A bid ready PS&E package will be submitted. • Bridge Feasibility Report
• Structure Plans (PDF) at 65%, 95%, and Final Submittals • Structure Engineer’s Estimate (EXCEL) at 65%, 95% and Final Submittals • Structure Special Provisions (Word) at 95% and Final Submittals • Response to Comments Matrix (PDF) at 95% and Final Submittals • Bridge Design Calculations
• Bridge Independent Check Calculations
TASK 5. HYDROLOGY/HYDRAULIC ANALYSIS
Task 5.1. Bridge Hydraulic Report
Q3 Consulting will prepare Bridge Hydraulic Reports to support the design of the bridge widening over the Santiago Creek. Work will include identification of the design hydrology, and the preparation of hydraulic and local scour analyses necessary to support the Cannon Street bridge widening as well as to ensure the project is not creating adverse impacts to the effective floodplain limits. Long-term degradation will be based on previous studies and available historic information. No long-term sediment transport analysis is included as part of this work. This task shall include coordination with Orange County Public Works for identification of the design hydrology, and review and approval of the bridge widening. Draft and final Bridge Hydraulics Reports will be prepared to document the results of the analysis. The document will include a discussion of the approach and methodology for the analysis and a summary of the results. The hydraulic and local scour calculations will be included in a technical appendix. The document will be prepared in a format acceptable for review by the approving agencies.

Task 5.2. Roadway Hydrology & Hydraulics
Mark Thomas will prepare a Cannon Street Hydrology and Hydraulic Report. The report will include both off-site and on-site hydrologic calculations to recommend any drainage for improvements proposed. Focus of the effort is on the street flows and flooded width, specific to the need to relocate existing catch basins or add additional catch basins due to changes in runoff patterns in the vicinity of the bridge. It is assumed there will be no change in the storm drain outlet location to Santiago Creek, nor will additional outlets to the creek be required. Calculations 78 Cannon Street Widening Project
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and recommendations shall conform to the Orange County Hydrology Manual requirements. Drainage, junction structure, and pipe structural and load calculations are not included. No Orange County Flood Control master drainage plan facilities are included with our analysis.

Prior to the commencement of report preparation, Mark Thomas will meet with the City to review their storm drain improvement plans and provide value engineering and constructability recommendations as necessary and to obtain a thorough understand of the City’s proposed drainage system. Mark Thomas will provide one submittal to the City and redlines to the City’s storm drain improvement plans to increase pipe or catch basin sizes and pipe HGL/velocities for the City to incorporate prior to any AHJ submittals.

The study area is limited to the project site and drain design and plan preparation is excluded; all catch basin modifications, junction structure and pipe plan/profile/construction drawings are assumed to be the City’s responsibility.
• Draft and Final Bridge Hydraulic report
• Santiago Creek HEC-RAS computer models (digital files) • Cannon Street Hydrology & Hydraulics Report
TASK 6. RIGHT OF WAY ENGINEERING
It is assumed that acquisitions (temporary and/or permanent) may be needed from the following parcels:

Assessor Parcel No Owner Permanent TCE
370-041-027 County of Orange

X
370-042-001 County of Orange X X
370-042-007 County of Orange

X
370-081-031 OCFCD X X
370-081-032 City Equestrian Ease. X

370-081-033 City Equestrian Ease. X

Task 6.1. Plat & Legal Descriptions
Once right of way needs have been identified and received authorization, Mark Thomas will prepare up to eight legal descriptions with 8-1/2” x 11” plats. One round of minor revisions is included in this scope of work. If additional legal descriptions are required additional fee will be negotiated. • Plat & Legal Descriptions (Total 8) in PDF Format
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TASK 7. TRANSPORTATION/TRAFFIC ENGINEERING
Lin Consulting, Inc. (LIN) staff will meet (virtually) and coordinate with the project team and City. LIN will attend up to four meetings via teleconference; and will coordinate with the City and Southern California Edison (SCE) on design requirements.

Task 7.1. Street Lighting PS&E
LIN will prepare street lighting PS&E for relocation and/or installation of streetlights impacted by the proposed widening of Cannon Street between Santiago Canyon Road and Serrano Avenue in City of Orange. Video fiber or interconnect plans are not included. Temporary street lighting design and plans are also not included. In general, it is anticipated that the following street lighting plan sheets will be prepared:

Plans # of sheets
Street Lighting (1:40 scale) 2
Total Street Lighting Plan Sheets 2
Task 7.2. Traffic Signal Modification PS&E
LIN will prepare traffic signal modification PS&E for the intersection of Cannon Street and Taft Avenue impacted by the proposed widening of Cannon Street between Santiago Canyon Road and Serrano Avenue in City of Orange. It is assumed that traffic signal modification plans are not needed for any intersection other than the intersection of Cannon Street and Taft Avenue. Temporary traffic signal design and plans are not included. In general, it is anticipated that the following traffic signal modification plan sheets will be prepared:

Plans # of sheets
Traffic Signal Modification (1:20 scale) 1
Total Traffic Signal Mod Plan Sheets 1
Task 7.3. Geometric Refinement
A workshop will be conducted with City staff to evaluate the geometric alternatives for the project, including those presented in the Mark Thomas proposal. Outcome will be a final alternative approved by the City that will move into final design.

Task 7.4. Traffic Handling PS&E
Utilizing the City's 35% geometric drawings, Mark Thomas will prepare traffic handling PS&E. In general, it is anticipated that the following plan sheets will be prepared:

Plans # of sheets
Stage Construction / Traffic Handling 4
Total Traffic Handling Plan Sheets 4
Task 7.5. Signing and Striping PS&E
Utilizing the City's 35% geometric drawings, Mark Thomas will prepare signing and striping PS&E. In general, it is anticipated that the following plan sheets will be prepared:

Plans # of sheets
Signing and Striping Plan 2
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City of Orange

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Plans # of sheets
Total Signing and Striping Plan Sheets 2
• Street Lighting Plans (PDF) at 65%, 95%, and Final Submittals • Traffic Signal Modification Plan (PDF) at 65%, 95%, and Final Submittals • Signing and Striping Plans (PDF) at 65%, 95%, and Final Submittals • Traffic Handling Plans (PDF) at 65%, 95%, and Final Submittals TASK 8. GEOTECHNICAL INVESTIGATION
Task 8.1. Preliminary Foundation Report
EMI will prepare a Preliminary Foundation Report (PFR) for widening of Santiago Creek Bridge (Bridge No. 55C- 0184) to provide preliminary geotechnical information to assist structural designers in the Type Selection process.

This PFR will be prepared using the available subsurface data presented in the RFP and the format will be in accordance with the current Caltrans Guidelines.

Task 8.2. Geotechnical Explorations
Based on the as-built plans, four borings were performed for the previous widening of the existing bridge. These borings are located on the east side of the bridge. Two borings are located near the abutments and two borings are located near Pier 2 (one of the borings encountered shallow refusal).

Based on the information presented in the RFP, the City’s current assessment is that the available geotechnical data is sufficient to support the design scope of this project. It is our understanding that substructure width of final bridge will be less than 100 feet. Therefore, as-built borings from previous widening may be used for this project. Borings were not performed near Pier 3 as part of the previous widening; therefore, a boring will need to be performed near proposed Pier 3. However, due to the access limitations at the piers and environmental permit constraints, it will be difficult to perform a boring at Pier 3. Since the existing borings were primarily located on the east side of the existing bridge, EMI is proposing to perform supplemental borings on northwest and southwest corners of the existing bridge, near the abutments. Even though one supplemental boring may be sufficient on the west side of the existing bridge, we are proposing to drill two soil borings for the bridge widening because the cost for the second boring is minimal considering the mobilization-demobilization of the drilling equipment and setup of the traffic control for the first soil boring. EMI’s geotechnical field exploration plan for the proposed widening project is presented in the table below. Data obtained from as-built boreholes will also be used for foundation design.

Design Element Proposed # of Borings Approximate Proposed Depth (ft) Santiago Creek Bridge (West side Widening) 2 70
Roadway Improvements 3 5

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Bridge borings will be excavated using a truck-mounted or track-mounted drilling rig equipped with 8-inch diameter hollow-stem augers or 4-inch rotary-wash drill rods. Asphalt concrete cold-patch will be used to replace asphalt that is removed by excavations, and quick-set cement will be used to replace concrete that is removed by excavations.

EMI will drill shallow hand auger borings (5-foot deep) every 500 feet along the proposed new pavement locations to collect bulk samples; a total of three shallow borings will be drilled for the project.

Traffic Control: In order to perform borings along Cannon Road, traffic control will be provided following CA MUTCD guidelines. It is our assumption that Traffic control plans will not be required.

EMI will prepare a boring location plan and this plan will be used to secure encroachment permit from City of Orange. It is our assumption that this encroachment permit will be a no-fee permit. Since the borings will be located along the street, it is our assumption that encroachment permits from County of Orange or Orange County Flood Control District will not be required. Any other permits, if required, will be secured by others.

EMI field personnel will collect soil samples for laboratory testing, including bulk samples of near-surface soils and small disturbed and relatively undisturbed ring samples of deeper soils. The small disturbed and relatively undisturbed soil samples will be collected using split-spoon samplers at a vertical interval of about 5 feet, alternating between the Standard Penetration Test (SPT) sampler and the Modified California Drive (MCD) sampler. Samples of subsurface soils will be logged during the field investigation, secured in their containers, or collected in plastic bags, and transported to the EMI laboratory.

Task 8.3. Laboratory Testing
Field logs of the boreholes will be reviewed to select representative soil samples for laboratory testing. Various laboratory tests will be performed on soil samples to determine or derive their physical and engineering characteristics. Anticipated laboratory tests include in-situ density and moisture content, grain size, Atterberg Limits, UU triaxial, direct shear, consolidation, R-value, and soil corrosion tests. Laboratory tests will be conducted in general accordance with American Society for Testing and Materials (ASTM) standards or California Test methods.

Task 8.4. Geotechnical Engineering Analyses
Results obtained from the field explorations and laboratory testing will be used to characterize subsurface soils and conditions and create idealized soil profiles for design purpose. The following analyses will be performed for the project:
• Evaluation of seismicity and estimation of Peak Ground Acceleration based on the Caltrans design criteria, and recommendation of an ARS curve for the bridge structural design. • Assessment of soil liquefaction potential, seismic settlement, and lateral spreading. • Foundation analysis for bridge.
• Assessment of global slope stability and settlement of embankments. • Evaluation of soil corrosivity conditions and recommendations for mitigation measures. • Design of pavement structural section in accordance with the Caltrans method. 82 Cannon Street Widening Project
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Task 8.5. Report Preparation
EMI will prepare a Geotechnical Report to provide the geotechnical design and construction recommendations for bridge widening and pavement structural sections. EMI will address any comments resulting from the City of Orange review and prepare a final Geotechnical Report.
• Preliminary Foundation Report
• Geotechnical Report
TASK 9. LANDSCAPE/IRRIGATION
Task 9.1. Landscape Concept Plan
Mark Thomas will gather information during meetings with City staff to understand their goals for the project.

Mark Thomas will obtain electronic base plans and as-built landscape and irrigation plans and verify them with observable field conditions. Additionally, we will review City design standards and specifications to identify specific landscape requirements identified and discuss in a meeting with City maintenance staff to identify their goals for the planting design and maintenance concerns. Based on the collected information, Mark Thomas will prepare three (3) alternative landscape design options. Each option will include a 500’ section of typical landscape and aesthetic hardscape improvements for the corridor. It is assumed that hardscape aesthetic details will be isolated to use within the median only. A general, per-square-foot construction and maintenance cost estimate will be prepared for each alternative for budgeting purposes. Each landscape plan will include a proposed, illustrative plant list, tree locations, ground level plant massings, and hardscape features. A narrative on the recommended irrigation methodology will be included. This plan will be prepared in AutoCAD at 20-scale, augmented with color rendering and notations of site features, and will be delivered electronically in color. Upon completion of the 3 alternative designs, LAUD will meet with the City and design team to select the preferred alternative. The preferred alternative will then be drafted onto the entire corridor in preparation for the 65% PS&E task.

Task 9.2. 65% Landscape Plans and Cost Estimate
Based on the chosen, preferred alternative and comments received on the Landscape Concept Plan, Mark Thomas will prepare 65% plans and cost estimate. 65% plans will include planting plans and irrigation plans (in AutoCAD, 20-scale) and coordination with the civil team on necessary tree and irrigation removals. For this scope, it is assumed 31 trees, all of which are over the City’s threshold of 42”, of unknown species and size will be removed. These trees will be replaced with trees from the City’s List of Recommended Street Trees based on the ratios outlined in the Master Street Tree Plan. Planting plans will include tree, shrub, and groundcover locations, plant list, plant callouts and quantities, and associated details. Irrigation plans will include points of connection locations, mainline layout, pressure loss calculations, irrigation equipment list, and associated details. In general, it is anticipated that the following landscape plan sheets will be prepared:

Landscape Plans # of sheets
Planting Plan and Details 8
Irrigation Plan and Details 8
Total Landscape Plan Sheets 16
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Task 9.3. 95% Landscape PS&E
City comments from the 65% submittal will be addressed and incorporated into the 95% design. Responses will be prepared and submitted. Irrigation removal plans will identify specific equipment to be removed and tie-in locations as applicable. Irrigation plans will include water use (MWELO) calculations, irrigation head and lateral layout with pipe sizing.

Task 9.4. Final Landscape PS&E Submittal
City comments from the 95% submittal will be addressed and incorporated into the final design. Responses to comments will be prepared and submitted. All final plan revisions will be made. Updates to the specifications and estimate will be completed.
• Three (3) color-rendered Landscape Concept Plans (24x36 format) • Budgetary Cost Estimate for each concept (8-1/2x11 PDF) • Planting Plan and Details (PDF) at 65%, 95%, and Final Submittals • Irrigation Plan and Details (PDF) at 65%, 95%, and Final Submittals • Landscape Construction Cost Estimate (PDF) at 65%, 95%, and Final Submittals • Landscape Special Provisions in City approved format.

Assumptions/Exclusions
• City is preparing roadway design, plans, cost estimate and special provisions. • No 3D modeling or public support is included.
• Bid support, construction support and as-built drawings are not included. 84 Engineering Manager
Technical Lead
Project Engineer
Design Engineer II
Design Engineer I
Sr. Technician
Survey Manager
Project Surveyor
Lead Survey Technician
Sr. Survey Technician
2 Person Field Crew
LAUD Division Manager
LAUD Project Manager
Landscape Architect
Landscape Designer II
Landscape Designer I
Sr. Project Accountant
Sr. Project Coordinator

EARTH MECHANICS

LEIGHTON
LIN
LSA
Q3
$304 $207 $156 $136 $111 $138 $211 $172 $156 $125 $306 $245 $200 $141 $112 $90 $175 $138

1.0 PROJECT ADMINSTRATION

1.1 Project Management 28 14 22 64 $13,998 - - - 7,500 - $21,498

1.2 Project Meetings 32 12 14 58 $14,060 - - - 12,500 $26,560

1.3 Project Schedule 12 12 $3,648 - - - - - $3,648

1.4 Quality Control 32 32 $9,728 - - - - - $9,728 Subtotal Phase 1 104 0 0 0 0 0 0 0 0 0 0 0 12 0 0 0 14 36 166 $41,434 $0 $0 $0 $20,000 $0 $61,434

2.0 SURVEY

2.1 Control Survey 8 24 8 20 4 64 $13,488 - - - - - $13,488

2.2 Boundary Survey 8 32 24 20 2 86 $16,588 - - - - - $16,588

2.3 Field Survey 8 16 8 64 70 6 172 $35,936 - - - - - $35,936 Subtotal Phase 2 0 0 0 0 0 0 24 72 8 96 110 0 0 0 0 0 0 12 322 $66,012 $0 $0 $0 $0 $0 $66,012

3.0 CEQA REQUIREMENTS

3.1 Technical Studies 12 8 20 $4,536 - 6,772 - 72,800 - $84,108

3.2 Initial Study/Mitigated Negative Declaration 8 8 16 $4,032 - - - 62,000 - $66,032

3.3 Regulatory Permitting 8 8 16 $3,320 - - - 35,000 - $38,320 Subtotal Phase 3 28 0 0 0 16 0 0 0 0 0 0 0 8 0 0 0 0 0 52 $11,888 $0 $6,772 $0 $169,800 $0 $188,460

4.0 STRUCTURAL BRIDGE WIDENING DESIGN

4.1 Bridge Feasibility Report 8 24 80 40 152 $23,800 - - - - - $23,800

4.2 65% Structure Plans 40 200 160 400 $57,560 - - - - - $57,560

4.3 95% Structure Plans 20 160 80 60 320 $48,260 - - - - - $48,260

4.4 Structure Special Provisions 20 20 $4,140 - - - - - $4,140

4.5 Engineer's Estimate 80 80 $10,880 - - - - - $10,880

4.6 Final PS&E Submittal 24 80 40 144 $21,368 - - - - - $21,368 Subtotal Phase 4 8 128 160 520 0 300 0 0 0 0 0 0 0 0 0 0 0 0 1116 $166,008 $0 $0 $0 $0 $0 $166,008

5.0 HYDROLOGY/HYDRAULIC ANALYSIS

5.1 Bridge Hydraulic Report 8 8 $1,656 - - - - 28,556 $30,212

5.2 Roadway Hydrology / Hydraulics 8 8 40 56 $7,344 - - - - - $7,344 Subtotal Phase 5 0 16 8 0 40 0 0 0 0 0 0 0 0 0 0 0 0 0 64 $9,000 $0 $0 $0 $0 $28,556 $37,556

6.0 RIGHT OF WAY ENGINEERING

6.1 Plat & Legal Descriptions 20 40 80 140 $21,100 - - - - - $21,100 Subtotal Phase 6 0 0 0 0 0 0 20 40 0 80 0 0 0 0 0 0 0 0 140 $21,100 $0 $0 $0 $0 $0 $21,100

7.0 TRANSPORTATION/TRAFFIC ENGINEERING

7.1 Street Lighting PS&E 0 $0 - - 15,240 - - $15,240

7.2 Traffic Signal Modification PS&E 0 $0 - - 10,315 - - $10,315

7.3 Geometric Refinement 8 4 16 40 68 $10,196 - - - - $10,196

7.4 Traffic Handling PS&E 4 8 140 152 $17,616 - - - - - $17,616

7.5 Signing/Striping PS&E 4 8 80 92 $10,956 - - - - - $10,956 Subtotal Phase 7 8 12 32 0 260 0 0 0 0 0 0 0 0 0 0 0 0 0 312 $38,768 $0 $0 $25,555 $0 $0 $64,323

8.0 GEOTECHNICAL INVESTIGATION

8.1 Preliminary Foundation Report 8 8 $1,656 3,750 - - - - $5,406

8.2 Geotechnical Explorations 0 $0 4,290 - - - - $4,290

8.3 Laboratory Testing 0 $0 3,990 - - - - $3,990

8.4 Geotechnical Engineering Analysis 0 $0 13,990 - - - - $13,990

8.5 Report Preparation 2 6 8 $1,850 17,460 - - - - $19,310 Subtotal Phase 8 2 14 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 16 $3,506 $43,480 $0 $0 $0 $0 $46,986

9.0 LANDSCAPE/IRRIGATION

9.1 Landscape Concept Plan 4 32 80 32 40 188 $25,844 - - - - - $25,844

9.2 65% Landscape Plans/Cost Estimate 2 24 40 60 60 186 $23,050 - - - - - $23,050

9.3 95% Landscape PS&E 2 12 40 60 40 154 $18,850 - - - - - $18,850

9.4 Final Landscape PS&E Submittal 2 20 40 60 40 162 $20,450 - - - - - $20,450 Subtotal Phase 9 0 0 0 0 0 0 0 0 0 0 0 10 88 200 212 180 0 0 690 $88,194 $0 $0 $0 $0 $0 $88,194 TOTAL HOURS 150 170 200 520 316 300 44 112 8 176 110 10 108 200 212 180 14 48 2878 OTHER DIRECT COSTS $4,700 $7,975 $845 $0 $8,000 $500 $22,020 TOTAL COST $45,600 $35,190 $31,200 $70,720 $35,076 $41,400 $9,284 $19,264 $1,248 $22,000 $33,660 $2,450 $21,600 $28,200 $23,744 $16,200 $2,450 $6,624 $450,610 $51,455 $7,617 $25,555 $197,800 $29,056 $762,093

OPTIONAL TASKS
Tree & Irrigation Removal Plans (4 sheets) 4 16 40 80 80 220 $25,980 - - - - $25,980 Nighttime Acoustic and Emergency Surveys for Bats 0 $0 - - - 4,000 - $4,000 COST PROPOSAL FOR PROJECT SCOPE: City of Orange - Cannon Street Widening (SP-4178)

TOTAL COST
Subconsultants
Total
Hours
Total MT
Cost
85 Agenda Item
City Council
Item #: 3.6. 7/12/2022 File #: 22-0356
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Agreement with Abound Food Care for initial start-up costs related to the 517 W. Struck Transition Plan ineligible for CARES funding.

2. SUMMARY
This agreement provides $100,0000 to Abound Food Care for the initial start-up costs that were ineligible for CARES funding related to the 517 W. Struck Transition Plan.

3. RECOMMENDED ACTION
Approve the Agreement with Abound Food Care in the amount of $100,000 for initial start-up costs related to the 517 W. Struck Transition Plan ineligible for CARES funding; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The cost for this Agreement is $100,000 and will be funded through the 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 City, in partnership with local nonprofit organizations and vendors, is offering onsite services, such as food, laundry, showers, restroom facilities and mail for individuals experiencing homelessness. The services have been in effect since May 2022 as Mary’sKitchen prepared to cease operations at the property located at 517 W. Struck Ave on June 10, 2022. The City is committed to providing these services for up to one year, subject to oversight by the court.

The City has partnered with Abound Food Care to provide two hot meals, breakfast and lunch, and one non-perishable supplemental food offering, Mondays-Saturdays. Due to the emergency nature, food services started on May 21, 2022. To mobilize the offering of food services on the City’stimeline, Abound Food Care incurred start-up costs of $100,000, for which the vendor invoiced the City.

Without this payment, Abound Food Care would not have the funds to continue providing hot meals to the population, a provision specifically identified in the court-ordered agreement.

At the June 14, 2022 City Council meeting, the City Council appropriated $100,000 of unrestricted General Fund (100) money for transition services. Staff is recommending that the City Council now City of Orange Printed on 7/7/2022Page 1 of 2
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86 Item #: 3.6. 7/12/2022 File #: 22-0356
General Fund (100) money for transition services. Staff is recommending that the City Council now approve an Agreement with Abound Food Care in the amount of $100,000 for the procurement and payment for the initial start-up costs. The cost for this Agreement will be funded through that 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.

7. ATTACHMENTS
· Agreement with Abound Food Care
City of Orange Printed on 7/7/2022Page 2 of 2
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87 Agenda Item
City Council
Item #: 3.6. 7/12/2022 File #: 22-0356
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Agreement with Abound Food Care for initial start-up costs related to the 517 W. Struck Transition Plan ineligible for CARES funding.

2. SUMMARY
This agreement provides $100,0000 to Abound Food Care for the initial start-up costs that were ineligible for CARES funding related to the 517 W. Struck Transition Plan.

4. FISCAL IMPACT
The cost for this Agreement is $100,000 and will be funded through the 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.

Without this payment, Abound Food Care would not have the funds to continue providing hot meals to the population, a provision specifically identified in the court-ordered agreement.

At the June 14, 2022 City Council meeting, the City Council appropriated $100,000 of unrestricted General Fund (100) money for transition services. Staff is recommending that the City Council now City of Orange Printed on 7/7/2022Page 1 of 2
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88 Item #: 3.6. 7/12/2022 File #: 22-0356
General Fund (100) money for transition services. Staff is recommending that the City Council now approve an Agreement with Abound Food Care in the amount of $100,000 for the procurement and payment for the initial start-up costs. The cost for this Agreement will be funded through that 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.

7. ATTACHMENTS
· Agreement with Abound Food Care
City of Orange Printed on 7/7/2022Page 2 of 2
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Agenda Item
City Council
Item #: 3.7. 7/12/2022 File #: 22-0390
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Agreement with the State of California, Department of California Highway Patrol for the Cannabis Tax Fund Grant Program for Fiscal Year 2022-2023. Resolution No. 11408.

2. SUMMARY
Funding for the Cannabis Tax Fund Grant Program is being awarded in the amount of $255,074.74 to augment officer education and training programs that reduce and mitigate the impacts of impaired driving.

3. RECOMMENDED ACTION

3. Accept into the City’srevenue budget $255,074.74 in grant funds from the State of California, Department of California Highway Patrol into revenue account number 100.4041.45495.30204 Cannabis Grant.

4. FISCAL IMPACT
The total appropriations for this grant are funded by the additional revenue received from the State of California, Department of California Highway Patrol.

5. STRATEGIC PLAN GOALS
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Item #: 3.7. 7/12/2022 File #: 22-0390
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

6. DISCUSSION AND BACKGROUND
Proposition 64, The Control, Regulate and Tax Adult Use Marijuana Act, was approved by voters in 2016. The initiative legalizes marijuana for those over 21 years old, and establishes laws to regulate marijuana cultivation, distribution, sales and use, and will protect Californians and the environment from potential dangers. The initiative mandates the state to set aside funding for the California Highway Patrol to provide grants to local law enforcement for education, prevention, and enforcement of impaired driving laws.

An application for funding was submitted in February 2022, and conditionally approved for the Cannabis Tax Fund Grant Program (CTFGP) in the amount of $255,074.74. The CTFGP is a reimbursable grant and will be designated towards education and training programs that increase the officer’sability to detect impairment in drivers. Grant funded objectives for Fiscal Year 2022-2023 (FY 22-23) are as follows:
· Host (2) Standard Field Sobriety Testing (SFST) trainings - 15 officers per class · Host (2) Advanced Roadside Impaired Driving Enforcement (ARIDE) trainings - 15 officers per class
· 2 officers to attend a Drug Recognition Expert (DRE) course · 1 officer to attend an SFST Instructor course
· 1 officer to attend a DRE instructor course
· 6 DRE trained officers to attend recertification courses · 5 DRE officers to attend DRE conference
The allocation of CTFGP funds will ensure adequate funding for regular and overtime costs during FY 22-23.

7. ATTACHMENTS
· Resolution No. 11408
· CTFGP Agreement No. 9600
City of Orange Printed on 7/7/2022Page 2 of 2
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Agenda Item
City Council
Item #: 3.7. 7/12/2022 File #: 22-0390
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Agreement with the State of California, Department of California Highway Patrol for the Cannabis Tax Fund Grant Program for Fiscal Year 2022-2023. Resolution No. 11408.

3. RECOMMENDED ACTION

3. Accept into the City’srevenue budget $255,074.74 in grant funds from the State of California, Department of California Highway Patrol into revenue account number 100.4041.45495.30204 Cannabis Grant.

4. FISCAL IMPACT
The total appropriations for this grant are funded by the additional revenue received from the State of California, Department of California Highway Patrol.

5. STRATEGIC PLAN GOALS
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Item #: 3.7. 7/12/2022 File #: 22-0390
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

7. ATTACHMENTS
· Resolution No. 11408
· CTFGP Agreement No. 9600
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RESOLUTION NO. 11408

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE ACCEPTING FUNDS
IN THE AMOUNT OF $255,074.74 FROM THE

STATE OF CALIFORNIA HIGHWAY PATROL

FOR THE CANNABIS TAX FUND GRANT

PROGRAM, AND AUTHORIZING THE CHIEF

OF POLICE OR CITY MANAGER TO

EXECUTE THE GRANT PROGRAM

AGREEMENT AND RELATED DOCUMENTS

WHEREAS, the City of Orange (City) is interested in participating in the Cannabis Tax Fund Grant Program (the Grant Program), which is made available through the Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (Proposition 64) and administered by the California Highway Patrol to support local law enforcement for education, prevention and enforcement of impaired driving laws in the City; and

WHEREAS, following the City’s submittal of Grant Program application to the California Highway Patrol, the City was awarded $255,074.74 in Grant funds; and

WHEREAS, the City is familiar with and willing and able to comply with each of the terms, conditions and limitations imposed upon the City pursuant to the Grant in implementing education, prevention and enforcement of impaired driving laws in the City; and

WHEREAS, in order to be considered eligible to receive Grant Program funding, the City must adopt a Resolution accepting the award and execute the required documents in relation thereto.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORANGE, AS FOLLOWS:

1. The submission of the application for Grant Program funding on behalf of the City is hereby ratified and approved.

2. The City of Orange hereby accepts an award in the amount of $255,074.74 from the California Highway Patrol for the Grant Program.

3. The City hereby agrees to comply with each and all of the terms, conditions and limitations imposed by the Grant Program.

4. The Chief of Police or City Manager is hereby authorized and directed, on behalf of the City, to execute any documents related to acceptance of Grant Program funding or implementation of the Grant Program including, without limitation, agreements, amendments, extensions, and other documents.
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Reso. No. 11408 2 MEB

5. The Chief of Police or City Manager is hereby authorized and directed to establish all required accounts and make any and all expenditures, appropriations, transfers, and/or distributions of funds on behalf o f the City as are necessary and appropriate to carry out the purpose and intent of this Resolution.

6. Grant Program funds received hereunder shall not be used to supplant ongoing law enforcement expenditures.

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 Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
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122
Agenda Item
City Council
Item #: 3.8. 7/12/2022 File #: 22-0400
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Susan Galvan, Interim Community Development Director

1. SUBJECT
Agreement with Michael Baker International for Community Development Block Grant, HOME Investment Partnerships Program, and general grant management consulting services.

2. SUMMARY
The Agreement with Michael Baker International will provide continued support for the Community Development Block Grant, HOME Investment Partnerships Program, and state and federal grants administered and managed by the Community Development Department.

3. RECOMMENDED ACTION
Approve the agreement with Michael Baker International in the amount of $120,000 for Community Development Block Grant, HOME Investment Partnerships Program, and general grant management consulting services; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this amendment is $120,000 and will be funded through Community Development Block Grant (310), HOME (317), SB-2 Building Homes and Jobs Act (312), Reimbursable Capital Projects (550), and General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.

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

6. DISCUSSION AND BACKGROUND
CDBG and HOME Grants
The U.S. Department of Housing and Urban Development (HUD) provides grants to states, cities, and counties on an annual basis to provide housing support and uplift communities. One of the grants received by the City is the Community Development Block Grant (CDBG) used to provide suitable environments through economic opportunities for low and moderate income persons.

Another grant is the HOME Investment Partnerships Program (HOME) used to implement housing strategies designed to increase homeownership and affordable housing.

Due to the stringent requirements for the use of CDBG and HOME funds, Michael Baker City of Orange Printed on 7/7/2022Page 1 of 2
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Item #: 3.8. 7/12/2022 File #: 22-0400
Due to the stringent requirements for the use of CDBG and HOME funds, Michael Baker International, Inc. (MBI) was retained last year to assist in the reporting, monitoring, and compliance of HUD rules during the re-positioning of the Housing Division within the Community Development Department. While staff will be assuming many of the functions that MBI assisted with in the past fiscal year, this agreement will extend MBI’ssupport of reporting, monitoring and compliance in the new fiscal year as a resource to ensure that all HUD rules continue to be followed and to keep staff informed of changes in program regulations and funding opportunities.

In addition, the agreement covers services for the development of specialized documents and studies required for the use of HOME funding by prospective applicants looking to develop affordable housing projects in the City, and special training required by planning and administration staff.

Special Grant Assistance
MBI is also assisting staff with the reporting and compliance requirements for special purpose grants received from HUD, including the Coronavirus Aid, Relief, and Economic Security (CARES) grant received for the preparation, prevention, and response to coronavirus. CARES funds to date have been used for business assistance and activities addressing homelessness.

In addition, MBI is assisting with reporting and consulting on grants received from the California Department of Housing and Urban Development (HCD). Grants received from HCD include:
· SB2 Permanent Local Housing Allocation (PLHA) used to address homelessness; · Planning Grant Program (PGP) used for planning ordinance updates; · City Local Early Action Planning (LEAP) used for planning ordinance and specific plan updates.

Furthermore, MBI has experienced staff familiar with Successor Agency processes and activities related to housing. As such, MBI is providing consulting and training as needed to ensure that reporting and compliance is accurate and timely.

Staff recommends approving the agreement with MBI to assist with the reporting, monitoring, and compliance of any HUD and HCD grants received, as well as advise on general grant administration as grants become available. In addition, this agreement will cover the cost of staff training and extra consultant hours required for prospective users of HOME funding that will be brought to Council at a later date for consideration.

7. ATTACHMENTS
· Professional Services Agreement
City of Orange Printed on 7/7/2022Page 2 of 2
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Agenda Item
City Council
Item #: 3.8. 7/12/2022 File #: 22-0400
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Susan Galvan, Interim Community Development Director

1. SUBJECT
Agreement with Michael Baker International for Community Development Block Grant, HOME Investment Partnerships Program, and general grant management consulting services.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.

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

Another grant is the HOME Investment Partnerships Program (HOME) used to implement housing strategies designed to increase homeownership and affordable housing.

Due to the stringent requirements for the use of CDBG and HOME funds, Michael Baker City of Orange Printed on 7/7/2022Page 1 of 2
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Item #: 3.8. 7/12/2022 File #: 22-0400
Due to the stringent requirements for the use of CDBG and HOME funds, Michael Baker International, Inc. (MBI) was retained last year to assist in the reporting, monitoring, and compliance of HUD rules during the re-positioning of the Housing Division within the Community Development Department. While staff will be assuming many of the functions that MBI assisted with in the past fiscal year, this agreement will extend MBI’ssupport of reporting, monitoring and compliance in the new fiscal year as a resource to ensure that all HUD rules continue to be followed and to keep staff informed of changes in program regulations and funding opportunities.

7. ATTACHMENTS
· Professional Services Agreement
City of Orange Printed on 7/7/2022Page 2 of 2
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PROFESSIONAL SERVICES AGREEMENT
[CDBG, HOME, and General Grant Consultant Services]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on thi s _____ day of ________ ______, 2022 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and MICHAEL BAKER INTERNATIONAL, INC., a Pennsylvania 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.

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 professional standards and practices ordinarily observed by like professionals performing similar services under similar circumstances (“Standard of Care”) .

The terms and conditions set forth in t his Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.

Jessica Herrera, Administrative Analyst II (“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 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 reasonable 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 ONE HUNDRED TWENTY THOUSAND DOLLARS and 00/100 ($120,000.00) without the prior written authorization of 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 serv ices, 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 licen ses, 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, defe nd 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 w hatsoever.

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 qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement. 128
3 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 approval of City. City may terminate this Agreement rather than accept any proposed assignment or su bcontracting. 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 accordance 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 o f the Essence . Time is of the essence in this Agreement , subject, however, to the exercise of the professional standard of care for performance of the services .

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 amount stated in Section 2.a, above, absent a written amendment to this Agreement.

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. However, any improper reuse or modification by City of any such materials on any project other than the project which is the subject of this Agreement without the Contractor’s prior written consent shall be at the sole risk of City and City agrees to indemnify and hold harmless Contractor from all costs, losses, and expenses, including legal fees, incurred as a result of any such use or decision by City.

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, 129
4 and that employees are treated during employment, without regard to their race, col or, 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 fo rth 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 rega rd 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 of ficers, 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 City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) 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 wrongful 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. 130
5 b. Contractor agrees to in demnify 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 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.

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) 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.

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.
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6 f. Contractor shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of professional services 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 general and automobile liability insurance policies maintai ned 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.

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 companies 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 terminate this Agreement.

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.

Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided within the professional standard of care and all allowable reimbursements incurred to the 132
7 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.

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:

(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

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8 (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 emp loyees 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 subconsultants to make the same verification as set forth in Subsection 21.e.

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.

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.

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9 “CONTRACTOR” “CITY”

Michael Baker International, Inc. City of Orange
3760 Kilroy Airport Way, Suite 270 300 E. Chapman Avenue Long Beach, CA 90806 Orange, CA 92866-1591
Attn.: William Hoose Attn.: Jessica Herrera

Telephone: (562) 753-2839 Telephone: (714) 744-7270 E-Mail: [email protected] E-Mail: [email protected]

26. Waiver of Consequential Damages . In no event shall either City or Contractor have any claim or right against the other, whether in contract, warranty, tort (including negligence), strict liability or otherwise, for any special, indirect, incidental, or consequential damages of any kind or natures whatsoever, such as but not limited to loss of revenue, lo ss or profits on revenue, loss of customers or contracts, loss of use of equipment or loss of data, work interruption, increased cost of work or cost of any financing, howsoever caused, even if same were reasonably foreseeable.

27. Force Majeure. In no event shall either City or Contractor have any claim or right against the other for any failure of performance where such failure of performance is caused by or is the result of causes beyond the reasonable control of the other party due to any occurrence commonly known as a “force majeure,” including, but not limited to: acts of God; fire, flood, or other natural catastrophe; epidemic, pandemic, acts of any governmental body; labor dispute or shortage; national emergency; insurrection; riot, or war.

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

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

“CONTRACTOR” “CITY”

MICHAEL BAKER INTERNATIONAL, INC., CITY OF ORANGE, a municipal corporation a Pennsylvania 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 Off icer, 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.
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EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
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Agenda Item
City Council
Item #: 3.9. 7/12/2022 File #: 22-0401
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Susan Galvan, Interim Community Development Director

1. SUBJECT
First Amendment to Subrecipient Agreement with The HUB OC to provide on-site services, referrals, and resources for those experiencing homelessness as part of the 517 W. Struck Transition Plan.

2. SUMMARY
This First Amendment expands on the June 2022 HUB OC scope of services to include the management of meal preparation and distribution, as well as increasing the compensation for additional staff and resources needed to perform the services for the one-year partnership with The HUB OC as part of the 517 W. Struck Transition Plan.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $152,065 from the Community Development Block Grant (310) unreserved fund balance to expenditure account number 310.9645.51770.30200.

2. Approve the First Amendment to the Subrecipient Agreement with The HUB OC in the amount of $320,000, for a not-to-exceed total of $650,000, for services in support of the 517 W. Struck Transition Plan; and authorize the Mayor and the City Clerk to execute on behalf of the City

4. FISCAL IMPACT
The total expenditure for this amendment is $320,000 and will be funded through the Community Block Grant Fund (310).

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
On June 14, 2022, Council approved the Agreement with The HUB OC for $330,000 to provide continuum of care services for one year as part of the transition plan for 517 W. Struck. The proposed first Amendment expands the scope of services to include the management of meal preparation and distribution and adds a Food Service Coordinator position to manage the operation.

Additionally, the revised proposal includes budget for volunteer training and development in order to ensure that staff at the site is well prepared to deliver services and are trained in the proper protocols City of Orange Printed on 7/7/2022Page 1 of 2
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Item #: 3.9. 7/12/2022 File #: 22-0401
at the site, including COVID related procedures that are to be followed.

Staff recommends the approval of the First Amendment to expand the scope of work and increase the agreement to a not-to-exceed total of $650,000 in order to retain the services of The HUB OC and offer one year of services at the site, unless otherwise directed by the court. The agreement will be partially funded through the Community Development Block Grant (310) Fund. Staff will return to Council with an appropriation request for the balance of the agreement once a supplemental funding source has been identified.

7. ATTACHMENTS
· First Amendment with The HUB OC
City of Orange Printed on 7/7/2022Page 2 of 2
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Agenda Item
City Council
Item #: 3.9. 7/12/2022 File #: 22-0401
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Susan Galvan, Interim Community Development Director

3. RECOMMENDED ACTION

1. Authorize the appropriation of $152,065 from the Community Development Block Grant (310) unreserved fund balance to expenditure account number 310.9645.51770.30200.

2. Approve the First Amendment to the Subrecipient Agreement with The HUB OC in the amount of $320,000, for a not-to-exceed total of $650,000, for services in support of the 517 W. Struck Transition Plan; and authorize the Mayor and the City Clerk to execute on behalf of the City

4. FISCAL IMPACT
The total expenditure for this amendment is $320,000 and will be funded through the Community Block Grant Fund (310).

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

Additionally, the revised proposal includes budget for volunteer training and development in order to ensure that staff at the site is well prepared to deliver services and are trained in the proper protocols City of Orange Printed on 7/7/2022Page 1 of 2
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Item #: 3.9. 7/12/2022 File #: 22-0401
at the site, including COVID related procedures that are to be followed.

7. ATTACHMENTS
· First Amendment with The HUB OC
City of Orange Printed on 7/7/2022Page 2 of 2
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FIRST AMENDMENT
TO

COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM – CDBG-CV SUBRECIPIENT AGREEMENT
[Homeless Outreach Continuum of Care Program]

THIS FIRST AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM – CDBG-CV SUBRECIPIENT AGREEMENT (the “First Amendment”) is made and entered into _______________ , 2022, by and between the CITY OF ORANGE, a municipal corporation (“ CITY”), and The HUB OC , a California nonprofit corporation (“SUBRECIPIENT”), with reference to the following:

A. CITY and SUBRECIPIENT entered into a Community Development Block Grant Program – CDBG-CV Subrecipient Agreement (Agreement No. 7374) dated June 14, 2022, which is incorporated herein by this reference (the “Original Agreement”); and

B. CITY and SUBRECIPIENT desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement by extending the term, revising the Scope of Services provided as part of the approved Program 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 SUBRECIPIENT 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 Effective Date. The Effective Date of the Original Agreement is hereby amended to be May 1, 2022. All Program services provided on or after that date shall be subject to this Agreement, as amended.

Section 4. Revised Scope of Services . The Scope of Services to be provide d in the approved Program as described in Attachment “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 5. Compensation. The total not -to-exceed compensation for the services to be rendered as set forth in the Original Agreement is increased by THREE HUNDRED TWENTY THOUSAND DOLLARS and 00/100 ($320,000.00) and SUBRECIPIENT's total compensation for all services perfor med under this Agreement, shall not exceed SIX HUNDRED FIFTY THOUSAND DOLLARS and 00/100 ($ 650,000.00) without the prior written authorization of CITY.
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2 Section 6. 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 provisions of this First Amendment and the terms and provisions of the O riginal Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.

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

“SUBRECIPIENT” “CITY”

The HUB OC, a California nonprofit CITY OF ORANGE, a municipal corporation 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 SUBRECIPIENT 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.
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EXHIBIT “A”

SUPPLEMENTAL SCOPE OF SERVICES

[Behind this page.]

147

EXHIBIT A

SCOPE OF SERVICES
Program Summary
TheCOVIDPandemichasexacerbatedthehomelesscrisisintheCityof Orange, creatinganurgentneed for continued and enhanced resources for those experiencing homelessness, The HUBwill oversee continuumof care services on the behalf of the City of Orange and manage rentalfacilities to include laundry machines, portable showers, hand washing stations, and portablerestrooms to help with personal hygiene for our homeless community in an effort to reducetransmission of COVID.

TheHUBOCwill managetherecruiting, training, andmobilizingtheteamof volunteersfromlocalchurchesandour communitytohelpmeet theneedsofourhomelessresidentsinpartnershipwiththe City of Orange, The H.E.A.R.T. team and LOVE Orange.

Project Description
The strategy between the City and the HUB OC is to coordinate the efforts required to meet theneedsofthecity’shomelesscommunity. TheagreeduponstrategybetweenTheHUBandtheCityofOrangeshall beconsistent withtheresourcesdescribedinExhibitB(Budget). TheroleofTheHUBincludes recruitment, training, and mobilization of volunteers toworkwithhomelessindividuals,andcoordinatewiththeCity’sHomelessEngagement andResourceTeam(H.E.A.R.T.) Thestrategyalsoincludessharing dataresourcesusedtotrackhomelessindividualsandfamiliesastheyentercontinuum of care services, use city provided resources. The HUB services include referrals totemporary sheltersandpermanent housing, mental healthservices, medical (vision, dental, healthcare, and COVID vaccine) services, and transportation vouchers to services.

SummaryofServicestobeprovidedattheFacilitybytheHUBOCundertheHUBOC Resources Program:
• Provide initial contact with homeless individuals for intake information;• Coordinate with the HEART team for entry into Coordinated Entry System (CES) andHomeless Management Information System (HMIS);.• Coordinate efforts with local non-profits to recruit volunteers• Provide training to volunteers as listed below:o Manage and provide homeless individuals with referrals to shelters;.o Distribute hygiene supplies to homeless individuals;o Manage theonsitehygieneresourcesthat includelaundry, showers, washstations,and restrooms;.o Manage and provide homeless individuals with access to phone charging stations;.o Provide homeless individuals with referrals to mental, medical, vision, dental, andhealth care services;.o Provide homeless individuals with referrals to veterinary care services;.o Provide homeless individuals with referrals to COVID-19 vaccines;.o Providehomelessindividualswithreferralstoclothesprovidersincludingresourcesfrom Full Circle. 148
o Provide homelessindividualswithvoucher assistanceandreferralstobusor othermodes of transportation;.o Providethechildrenof homelessindividualswith referralstofreeafterschoolcarethrough the Youth Centers of Orange. 149
Annual BUDGET SUMMARY
Proposed Expenditure Proposed Budget Approved Budget
Program Costs
Hygiene Supplies $300,000
Bus/Transportation $3,000
Food and water $800,000
Total Program Costs $1,103,000
Salaries and Benefits
HUB Resource Center Site
Director $88,616
HUB Resource Center Partner &
Volunteer Development Director $88,616
HUB Resource Center
Coordinator (salary total for 2
positions)
$84,474
HUB Full Circle Director $3,348
HUB Accounting $10,562
HUB CEO $44,386
HUB Assistant $20,546
HUB Program Director $60,373
HUB Youth Center of Orange
Directors (salary total for 2
positions)
$19,841
HUB Resouce Center Foodservice
Coordinator
$29,716
Fringe Benefits $88,893
Total Salaries and Benefits $539,371
*- Due to the emergency implementation of the HUB Resource program, HUB transitioned existing employees into HUB Resources program roles until the City of Orange approved new hire job descriptions. Once the specified new job descriptions are approved, new HUB Resource direct staff will be hired to fulfill these emergency- initiated positions. Small salaries were budgeted in the meantime to fulfill the immediate emergency need.

Administrative Costs
General Supplies & Equipment $7,000
Staff & Volunteer Development $3,000
Service Equipment $13,500
Staff Mileage/Fuel/Transportation $5,000
Total Administrative Costs $28,500
GRAND TOTAL $1,670,871
150
Agenda Item
City Council
Item #: 3.10. 7/12/2022 File #: 22-0407
TO: Honorable Mayor and Members of the City Council
FROM: Rob Houston, City Manager

1. SUBJECT
License Agreements for the use of public parking lots by nonprofit groups during the annual Orange International Street Fair event.

2. SUMMARY
Approval of three-year License Agreements with local nonprofits for the use of City Hall and Main Library parking lots for fundraising purposes during the Orange International Street Fair.

3. RECOMMENDED ACTION
Approve the License Agreements with Orange Elderly Services, Orange County Friends of Music, and the Orange Public Library Foundation, and authorize the City Manager to execute on behalf of the City.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
In 2000, the City Council authorized a License Agreement with the Orange Public Library Foundation to operate a paid parking lot during the annual Orange International Street Fair (OISF) for fundraising purposes. In 2011, the City Council further granted the use of the City Hall public parking lot to Orange Elderly Services and Orange County Friends of Music (Orange Community Master Chorale) for the same purpose. In 2015 and 2018, the City Council approved additional three-year License Agreements with these three organizations, which expired earlier this year. In addition to these three parking lots, three additional lots have been available for use by other nonprofit groups for the same purpose through an annual lottery process. The nonprofit groups rely on the use of the public parking lots as a major fundraiser during the three-day event.

The following public parking lots are available for nonprofit organizations during OISF:
· Lot 1A: City Hall East (100 Spaces) - Orange Elderly Services City of Orange Printed on 7/7/2022Page 1 of 2
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151
Item #: 3.10. 7/12/2022 File #: 22-0407
· Lot 1B: City Hall West (53 Spaces) - Orange County Friends of Music · Lot 2: Main Library (153 Spaces) - Orange Public Library Foundation · Lot 3: East Almond (36 Spaces)
· Lot 4: Lemon Street (24 spaces)
· Lot 5: West Almond (26 Spaces)
To be eligible to use the public parking lots during OISF, nonprofit groups must meet certain criteria:
· Orange based nonprofit organization
· Not have a booth within the OISF footprint
· Funds raised from this activity will be directly used to benefit the Orange community · Provide sufficient adult staffing to operate the parking lot and follow City guidelines Remaining public parking lots south of Chapman Avenue not noted above, are dedicated for handicap parking, utilized by OISF for staging of equipment and vendors, and assigned to emergency personnel for the production of Street Fair. Public parking lots north of Chapman Avenue will remain free and available for the public visiting OISF and Old Towne merchants. The funding for the Old Towne West Metrolink Parking Structure prevents the City from allowing nonprofits to charge for parking at the structure for fundraising purposes. Instead, the City contracts with a parking management company during OISF, and all proceeds go towards the maintenance of the parking structure. In addition, several of the private parking lots within the footprint of the Street Fair have also established paid parking during OISF.

Staff is recommending the approval to enter into new, three-year License Agreements with Orange Elderly Services, Orange County Friends of Music, and the Orange Public Library Foundation for the lots noted above. The remaining lots will continue to be available for other interested nonprofit organizations via the annual lottery process. Nonprofit organizations selected in the lottery are also required to enter into a License Agreement with the City, which is approved by the City Manager as designated by the City Council.

7. ATTACHMENTS
· License Agreements with Orange Elderly Services, Orange County Friends of Music, and the Orange Public Library Foundation
City of Orange Printed on 7/7/2022Page 2 of 2
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152
Agenda Item
City Council
Item #: 3.10. 7/12/2022 File #: 22-0407
TO: Honorable Mayor and Members of the City Council
FROM: Rob Houston, City Manager

1. SUBJECT
License Agreements for the use of public parking lots by nonprofit groups during the annual Orange International Street Fair event.

2. SUMMARY
Approval of three-year License Agreements with local nonprofits for the use of City Hall and Main Library parking lots for fundraising purposes during the Orange International Street Fair.

4. FISCAL IMPACT
None.

The following public parking lots are available for nonprofit organizations during OISF:
· Lot 1A: City Hall East (100 Spaces) - Orange Elderly Services City of Orange Printed on 7/7/2022Page 1 of 2
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153
Item #: 3.10. 7/12/2022 File #: 22-0407
· Lot 1B: City Hall West (53 Spaces) - Orange County Friends of Music · Lot 2: Main Library (153 Spaces) - Orange Public Library Foundation · Lot 3: East Almond (36 Spaces)
· Lot 4: Lemon Street (24 spaces)
· Lot 5: West Almond (26 Spaces)
To be eligible to use the public parking lots during OISF, nonprofit groups must meet certain criteria:
· Orange based nonprofit organization
· Not have a booth within the OISF footprint
· Funds raised from this activity will be directly used to benefit the Orange community · Provide sufficient adult staffing to operate the parking lot and follow City guidelines Remaining public parking lots south of Chapman Avenue not noted above, are dedicated for handicap parking, utilized by OISF for staging of equipment and vendors, and assigned to emergency personnel for the production of Street Fair. Public parking lots north of Chapman Avenue will remain free and available for the public visiting OISF and Old Towne merchants. The funding for the Old Towne West Metrolink Parking Structure prevents the City from allowing nonprofits to charge for parking at the structure for fundraising purposes. Instead, the City contracts with a parking management company during OISF, and all proceeds go towards the maintenance of the parking structure. In addition, several of the private parking lots within the footprint of the Street Fair have also established paid parking during OISF.

LICENSE AGREEMENT
[Orange International Street Fair Parking]

THIS LICENSE AGREEMENT (the "Agreement") is entered into this _____ day of _______________, 2022, by and between the CITY OF ORANGE, a municipal corporation ("City"), and ORANGE ELDERLY SERVICES, INC. , a non-profit, public benefit corporation ("Licensee"), with reference to the following:

A. City owns or controls a public parking lot within the City of Orange, which is generally depicted on the map attached hereto as Exhibit A, and referred to herein as the “License Area”; and

B. Licensee desires to obtain permission from the City to use the License Area to operate a paid parking lot, in support of its fundraising efforts, selling spaces to patrons attending the annual Orange International Street Fair (“Street Fair”); and

C. The City Council finds and determines that Licensee’s use of the License Area for fundraising purposes will further the City’s mission and purpose of providing community programs to the citizens of Orange; and

D. The City is willing to grant such permission in accordance with the terms and provisions of this Agreement.

NOW, THEREFORE, the parties hereto agree as follows:

1. DEFINITIONS. Unless otherwise defined in this Agreement, the following capitalized terms used in this Agreement shall have the following meanings:

“Sub-Licensees” shall mean any other California non-profit, public benefit corporation, or any other person, firm or organization authorized in writing by the City.

“Street Fair Use Period” shall mean a three (3) day period in the calendar year during the term of this Agreement, commencing on the Friday immediately prior to Labor Day and ending on and including the Sunday immediately before Labor Day.

2. LICENSE. The City hereby grants to Licensee a license (“License”) to enter upon, occupy and use the License Area or any portion thereof during the Street Fair Use Period for parking or storage of automobiles or other vehicles on all or a portion of the License Are a by City officials, employees, Sub-Licensees, and/or members of the general public and for no other use or purpose. "Use" includes the preparation of the License Area for the Street Fair and the clean-up and restoration of the License Area at the conclusion of the Street Fair. The license to use the License Area granted to the Licensee hereunder shall only be for the operation of a paid parking lot for patrons attending the Street Fair. The Licensee shall have the right during the Street Fair Use Period to exclude non- paying members of the public from occupying and/or exclusively using (in accordance with all of the terms, covenants and conditions set forth in this Agreement), the License Area or any portion thereof.

3. TERM; REVOCATION. This Agreement and the license granted to Licensee hereunder shall not exceed three (3) consecutive Street Fair Use Periods; provided, however, that either party 155
2 may revoke this license, in whole or in part, at any time and for any reason upon twenty four (24) hours written notice. Upon the expiration of the Street Fair Use Period, this Agreement and the license granted to the Licensee hereunder shall automatically terminate, and be of no further force or effect.

4. ASSUMPTION OF RISK.

A. Licensee accepts the License Area in its present "AS IS" condition. Licensee shall be solely responsible, at its sole risk and expense, (i) to inspect, repair and maintain the License Area and improvements thereon during the Street Fair Use Period; (ii) to provide security as necessary; and (iii) to keep the License Area in a state of good and safe repair, and in a safe, clean and sanitary condition at all times during the Street Fair Use Period.

B. Licensee shall exercise its privileges hereunder at its own risk and its own expense, assuming full responsibility for all risks incidental to the performance of this Agreement and the use of the License Area and any improvements thereon.

C. The City assumes no responsibility whatsoever for the safe condition, security or maintenance of the License Area and improvements thereon, nor for the protection of persons and property thereon; all such responsibility shall be solely the Licensee's.

5. LICENSEE'S RESPONSIBILITIES. Licensee's rights under this Agreement are and shall be subject to, and Licensee shall comply with and cause its employees, agents and anyone entering under this Agreement on behalf of Licensee (herein referred to as the "Licensee's Representatives"), including, specifically, any Sub-Licensee, to comply with, the following:

A. Personal Supervision. Each person entering the License Area shall be considered at all times to be acting as an agent of the Licensee and shall be continuously under the supervision and control of the Licensee. No one under the age of eighteen (18) shall be allowed unless accompanied or supervised by an adult.

B. Charge for Parking. Licensee shall not charge in excess of ten ($10) dollars per parking stall or vehicle, as determined by Licensee.

C. Compliance with the Law . Each person entering the License Area under this Agreement (i) shall comply with all applicable laws, ordinances and regulations; (ii) shall observe strict fire and smoking precautions; (iii) shall not light any fires; (iv) shall not carry any firearms onto the License Area; and (v) shall otherwise comply with any and all instructions and directions of the Licensee's authorized agents.

D. Damage to City Property. Licensee shall be liable for and shall pay to the City the cost of any damage of any kind whatsoever to any property of the City, including loss of use thereof, arising from or in any way related to (i) the acts or omissions of Licensee or Licensee's Representatives; (ii) any breach by Licensee of any of its obligations under this Agreement; or (iii) the acts or omissions of any Sub -Licensee. Neither the Licensee nor any of the Licensee's Representatives shall remove any property of any type from a License Area without the express prior written consent of the City.
156
3 E. Hazardous Materials. No "hazar dous or toxic wastes, substances or materials," as such terms are or may from time to time be defined by federal, state, county or municipal laws, ordinances, orders or regulations applicable to the use and enjoyment of the License Area shall be placed, stored or used or allowed to be placed, stored or used on the License Area by Licensee or its Sub-Licensees.

F. Nuisance. Licensee shall conduct all activities under this Agreement in such a manner so that no public nuisance affecting persons or property on or in the vicinity of the License Area results from Licensee's activities or those of a Sub -Licensee. Licensee is responsible for monitoring and controlling the activities of all Sub-Licensees and invitees on and in the vicinity of the License Area so as to prevent any public nuisance from the Licensee's or a Sub -Licensee’s activities.

G. Trash Removal. Licensee shall clean trash from the License Area and surrounding areas during the Street Fair Use Period so that the License Area is maintained in a neat appearance before, during, and immediately following the Street Fair.

H. Third Party Property Damage or Personal Injury. The City and the "Indemnitees" (described below) shall not be liable for any damage of any kind whatsoever to any property belonging to or used by Licensee or any persons entering upon a License Area under this Agreement (including any Sub-Licensee), including loss of use of any such property, or for any injury of any kind whatsoever to any person entering upon a License Area under this Agreement, arising from any cause whatsoever, and Licensee hereby waives all claims and demands relating thereto.

I. Indemnification. Licensee hereby agrees to save harmless and indemnify the City, its officers, employees, agents, volunteers and representatives , a nd its successors and assigns (collectively referred to as “Indemnitees”), from and against any claim, loss, damage, cause of action, expense and/or liability (collectively "Claims") arising from or growing out of loss or damage to property, including the City's own property, or injury to or death of persons, including employees of the City resulting in any manner whatsoever, directly or indirectly, by reason of this License or the use or occupancy of the License Area by Licensee or any person claiming under it, including without limitation any Claims arising from injuries sustained resulting from the operation of a paid parking lot by Licensee.

J. Insurance. Prior to any entry under this Agreement into the License Area by Licensee, the Licensee shall obtain the types and levels of insurance specified below with insurance carriers acceptable to the City.

(1) As evidence of insurance coverage, Licens ee shall deliver to the City certificates of insurance issued by a Licensee’s insurance carrier showing such policies in force for the period of the entry, and an endorsement to the Commercial General Liability Insurance policy, in form acceptable to the City, naming the City and its respective officers, employees, agents, volunteers and representatives as additional insureds.

(2) The insurance policies maintained by Licensee shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy. 157
4 (3) Each certificate of insurance shall provide that such policy shall not be subject to cancellation or non-renewal without at least ten (10) days’ prior written notice delivered to the City. The City shall not be responsible for any costs of premiums or other charges for any insurance, endorsements or certificates required hereunder.

(4) The required coverages are:

(a) Commercial General Liability Insurance . Commercial General Liability Insurance on an "occurrence" basis, with deductibles reasonably acceptable to the City’s risk manager, with a combined single limit for bodily injury and property damage of One Million Dollars ($1,000,000), or limits carried, whichever is greater. The limits of liability specified in this section may be provided by any combination of primary and excess liability insurance policies.

(b) Workers' Compensation Insurance. If Licensee has employees, it shall carry workers’ compensation insurance as required by law for the protection of its employees during the progress of the work. Licensee understands that it is an independent contractor and not entitled to any workers’ compensation benefits under any City program.

6. WAIVER. Failure on the part of either party to enforce any provision of this Agreement may not be construed as a waiver of the right to later compel enforcement of that provision, or any other provision.

7. NOTICE. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows:

To the City: City of Orange
300 E. Chapman Ave.

Orange, CA 92866
Attn: City Manager

To Licensee: Orange Elderly Services, Inc.
170 S. Olive Street
Orange, CA 92866
Attn: Katherine Connaghan and/or Kamy Merritt

8. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties relating to its subject matter. There are no representations, agreements, or understandings, whether oral or written, between the parties relating to the subject matter of this Agreement that are not fully expressed in this Agreement. This Agreement is deemed to be equally drafted by both parties.

9. MODIFICATION. This Agreement may only be modified by a writing signed by both parties.

10. 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 158
5 jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.

IN WITNESS WHEREOF, the City and Licensee have entered into this License on the year and day first above written.

“CITY”

CITY OF ORANGE, a municipal corporation

Rob Houston, City Manager

APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney

“LICENSEE”

ORANGE ELDERLY SERVICES, INC ., a
non-profit public benefit corporation

Katherine Connaghan, Executive Director

159

EXHIBIT "A"

MAP GENERALLY DEPICTING LICENSE AREA

[Behind this sheet.]
160

ATCHISON ST LEMON ST

CYPRESS ST

CHAPMAN AVE

CYPRESS ST

MARIETTA PL

CENTER ST

SHAFFER ST

ORANGE ST

GRAND ST

CENTER ST

SHAFFER ST

CHAPMAN AVE

CYPRESS ST

LEMON ST OLIVE ST GLASSELL ST ORANGE ST GRAND ST CENTER ST SHAFFER ST

GLASSELL ST

OLIVE ST

GRAND ST

ORANGE ST

MORELAND DR

CHAPMAN AVE

CYPRESS ST

MAPLE AVE

ALMOND AVE

OLIVE ST

LEMON ST

OLIVE ST

GLASSELL ST GRAND ST CENTER ST

ORANGE ST

SHAFFER ST

WASHINGTON AVE

CYPRESS ST
Fire Department
HQ
Civic Center
OISF S TREET US E Center St.

Shaffer St.

Main Library & History Center
Washington Ave.

I
LOT 1A
City Hall East
(100 Spaces)
Street Fair
Parking Lot
Date Saved: 7/19/2019 161
AGR NO. ________

LICENSE AGREEMENT
[Orange International Street Fair Parking]

THIS LICENSE AGREEMENT (the "Agreement") is entered into this _____ day of _______________, 2022, by and between the CITY OF ORANGE, a municipal corporation ("City"), and ORANGE COUNTY FRIENDS OF MUSIC, a non-profit, public benefit corporation ("Licensee"), with reference to the following:

A. City owns or controls a public parking lot within the City of Orange, which is generally depicted on the map attached hereto as Exhibit A, and referred to herein as the “License Area”; and

D. The City is willing to grant such permission in accordance with the terms and provisions of this Agreement.

NOW, THEREFORE, the parties hereto agree as follows:

1. DEFINITIONS. Unless otherwise defined in this Agreement, the following capitalized terms used in this Agreement shall have the following meanings:

“Sub-Licensees” shall mean any other California non-profit, public benefit corporation, or any other person, firm or organization authorized in writing by the City.

3. TERM; REVOCATION. This Agreement and the license granted to Licensee hereunder shall not exceed three (3) consecutive Street Fair Use Periods; provided, however, that either party 162
2 may revoke this license, in whole or in part, at any time and for any reason upon twenty-four (24) hours written notice. Upon the expiration of the Street Fair Use Period, this Agreement and the license granted to the Licensee hereunder shall automatically terminate, and be of no further force or effect.

4. ASSUMPTION OF RISK.

B. Charge for Parking. Licensee shall not charge in excess of ten ($10) dollars per parking stall or vehicle, as determined by Licensee.

D. Damage to City Property. Licensee shall be liable for and shall pay to the City the cost of any damage of any kind whatsoever to any property of the City, including loss of use thereof, arising from or in any way related to (i) the acts or omissions of Licensee or Licensee's Representatives; (ii) any breach by Licensee of any of its obligations under this Agreement; or (iii) the acts or omissions of any Sub -Licensee. Neither the Licensee nor any of the Licensee's Representatives shall remove any property of any type from a License Area without the express prior written consent of the City.
163
3 E. Hazardous Materials. No "hazar dous or toxic wastes, substances or materials," as such terms are or may from time to time be defined by federal, state, county or municipal laws, ordinances, orders or regulations applicable to the use and enjoyment of the License Area shall be placed, stored or used or allowed to be placed, stored or used on the License Area by Licensee or its Sub-Licensees.

(2) The insurance policies maintained by Licensee shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy. 164
4 (3) Each certificate of insurance shall provide that such policy shall not be subject to cancellation or non-renewal without at least ten (10) days’ prior written notice delivered to the City. The City shall not be responsible for any costs of premiums or other charges for any insurance, endorsements or certificates required hereunder.

(4) The required coverages are:

7. NOTICE. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows:

To the City: City of Orange
300 E. Chapman Ave.

Orange, CA 92866
Attn: City Manager

To Licensee: Orange County Friends of Music
2707 Killingsworth Ave.

Orange, CA 92869
Attn: Marilyn Moore, Treasurer

9. MODIFICATION. This Agreement may only be modified by a writing signed by both parties.

10. 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 165
5 jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.

IN WITNESS WHEREOF, the City and Licensee have entered into this License on the year and day first above written.

“CITY”

CITY OF ORANGE, a municipal corporation

Rob Houston, City Manager

APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney

“LICENSEE”

ORANGE COUNTY FRIENDS OF
MUSIC, a non-profit, public benefit
corporation

Marilyn Moore, Treasurer

166

EXHIBIT "A"

MAP GENERALLY DEPICTING LICENSE AREA

[Behind this sheet.]
167

ATCHISON ST LEMON ST

CYPRESS ST

CHAPMAN AVE

CYPRESS ST

MARIETTA PL

CENTER ST

SHAFFER ST

ORANGE ST

GRAND ST

CENTER ST

SHAFFER ST

CHAPMAN AVE

CYPRESS ST

LEMON ST OLIVE ST GLASSELL ST ORANGE ST GRAND ST CENTER ST SHAFFER ST

GLASSELL ST

OLIVE ST

GRAND ST

ORANGE ST

MORELAND DR

CHAPMAN AVE

CYPRESS ST

MAPLE AVE

ALMOND AVE

OLIVE ST

LEMON ST

OLIVE ST

GLASSELL ST GRAND ST CENTER ST

ORANGE ST

SHAFFER ST

WASHINGTON AVE

CYPRESS ST
Fire Department
HQ
Civic Center
OISF S TREET US E Center St.

Shaffer St.

Main Library & History Center
Washington Ave.

I
LOT 1B
City Hall West
(53 Spaces)
Street Fair
Parking Lots
Date Saved: 7/19/2019 168
AGR NO. ________

LICENSE AGREEMENT
[Orange International Street Fair Parking]

THIS LICENSE AGREEMENT (the "Agreement") is entered into this _____ day of _______________, 2022, by and between the CITY OF ORANGE, a municipal corporation ("City"), and ORANGE PUBLIC LIBRARY FOUNDATION , a non -profit, public benefit corporation ("Licensee"), with reference to the following:

A. City owns or controls a public parking lot within the City of Orange, which is generally depicted on the map attached hereto as Exhibit A, and referred to herein as the “License Area”; and

D. The City is willing to grant such permission in accordance with the terms and provisions of this Agreement.

NOW, THEREFORE, the parties hereto agree as follows:

1. DEFINITIONS. Unless otherwise defined in this Agreement, the following capitalized terms used in this Agreement shall have the following meanings:

“Sub-Licensees” shall mean any other California non-profit, public benefit corporation, or any other person, firm or organization authorized in writing by the City.

3. TERM; REVOCATION. This Agreement and the license granted to Licensee hereunder shall not exceed three (3) consecutive Street Fair Use Periods; provided, however, that either party 169
2 may revoke this license, in whole or in part, at any time and for any reason upon twenty four (24) hours written notice. Upon the expiration of the Street Fair Use Period, this Agreement and the license granted to the Licensee hereunder shall automatically terminate, and be of no further force or effect.

4. ASSUMPTION OF RISK.

B. Charge for Parking. Licensee shall not charge in excess of ten ($10) dollars per parking stall or vehicle, as determined by Licensee.

D. Damage to City Property. Licensee shall be liable for and shall pay to the City the cost of any damage of any kind whatsoever to any property of the City, including loss of use thereof, arising from or in any way related to (i) the acts or omissions of Licensee or Licensee's Representatives; (ii) any breach by Licensee of any of its obligations under this Agreement; or (iii) the acts or omissions of any Sub -Licensee. Neither the Licensee nor any of the Licensee's Representatives shall remove any property of any type from a License Area without the express prior written consent of the City.
170
3 E. Hazardous Materials. No "hazar dous or toxic wastes, substances or materials," as such terms are or may from time to time be defined by federal, state, county or municipal laws, ordinances, orders or regulations applicable to the use and enjoyment of the License Area shall be placed, stored or used or allowed to be placed, stored or used on the License Area by Licensee or its Sub-Licensees.

(2) The insurance policies maintained by Licensee shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy. 171
4 (3) Each certificate of insurance shall provide that such policy shall not be subject to cancellation or non-renewal without at least ten (10) days’ prior written notice delivered to the City. The City shall not be responsible for any costs of premiums or other charges for any insurance, endorsements or certificates required hereunder.

(4) The required coverages are:

7. NOTICE. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows:

To the City: City of Orange
300 E. Chapman Ave.

Orange, CA 92866
Attn: City Manager

To Licensee: Orange Public Library Foundation
407 E Chapman Ave.

Orange, CA 92866
Attn: Lynn-Marie Frediani, Executive Director

9. MODIFICATION. This Agreement may only be modified by a writing signed by both parties.

10. 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 172
5 jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.

IN WITNESS WHEREOF, the City and Licensee have entered into this License on the year and day first above written.

“CITY”

CITY OF ORANGE, a municipal corporation

Rob Houston, City Manager

APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney

“LICENSEE”

ORANGE PUBLIC LIBRARY
FOUNDATION, a non-profit, public benefit
corporation

Lynn-Marie Frediani, Executive Director

173

EXHIBIT "A"

MAP GENERALLY DEPICTING LICENSE AREA

[Behind this sheet.]
174

ATCHISON ST LEMON ST

CYPRESS ST

CHAPMAN AVE

CYPRESS ST

MARIETTA PL

CENTER ST

SHAFFER ST

ORANGE ST

GRAND ST

CENTER ST

SHAFFER ST

CHAPMAN AVE

CYPRESS ST

LEMON ST OLIVE ST GLASSELL ST ORANGE ST GRAND ST CENTER ST SHAFFER ST

GLASSELL ST

OLIVE ST

GRAND ST

ORANGE ST

MORELAND DR

CHAPMAN AVE

CYPRESS ST

MAPLE AVE

ALMOND AVE

OLIVE ST

LEMON ST

OLIVE ST

GLASSELL ST GRAND ST CENTER ST

ORANGE ST

SHAFFER ST

WASHINGTON AVE

CYPRESS ST
Civic Center
OISF S TREET US E Center St.

Shaffer St.

Main Library & History Center
Washington Ave.

I
Main Library Lot
(153 Spaces)
Street Fair
Parking Lot
Date Saved: 7/19/2019 175
Agenda Item
City Council
Item #: 3.11. 7/12/2022 File #: 22-0417
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 Darren Doerschel for continued TV and AV production support and systems maintenance services.

2. SUMMARY
This agreement with Darren Doerschel will continue to provide professional services onsite during broadcasted meetings. With the television production upgrades to the City Council Chamber over the past several years, the technology used has become much more complex. Darren Doerschel and his team have specific expertise in television engineering to quickly troubleshoot issues that may arise during a broadcast meeting. Additionally, Darren Doerschel will provide support services as- needed for continued TV and AV infrastructure and maintenance.

3. RECOMMENDED ACTION

1. Approve the agreement with Darren Doerschel in the amount of $74,000 for continued television and audio-visual production support and systems maintenance services; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the City Manager to exercise two annual extensions as contemplated in the Agreement.

4. FISCAL IMPACT
The total expenditure for this agreement is $74,000 and will be funded through Information Technology Fund (780).

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
Beginning in 2015, the City acquired and implemented newer broadcast, presentation, voting, and agenda management systems serving uses in the Council Chambers. These systems have been acquired in differing timeframes and are increasingly complex, requiring specialized consulting services. Darren Doerschel has provided consulting services for these acquisitions, as well as the operational support of these systems post implementation. Mr. Doerschel is therefore familiar with the City of Orange Council Chambers broadcast and presentation systems. This agreement includes the City of Orange Printed on 7/7/2022Page 1 of 2
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176
Item #: 3.11. 7/12/2022 File #: 22-0417
continued systems maintenance services.

Additionally, on June 8, 2021, the City Council approved expanding the services with Darren Doerschel to provide production support services. An onsite expert is present at all televised meetings to quickly troubleshoot broadcast issues. In addition, Mr. Doerschel’steam provides full engineering services for meetings not covered by Chapman University personnel, such as the Design Review Committee (DRC), Traffic Commission, and Parks Commission.

Staff believes the proposed $125 hourly rate is reasonable, as there is a very limited market for these services. Combined with Mr. Doerschel’sintimate knowledge of our broadcast setup, this agreement will give us the best chance for success and will minimize any issues that may arise during a voting body meeting. The agreement being proposed is a “totalnot-to-exceed”agreement, and the City will only be charged for meetings that actually take place or are cancelled with reasonable notice given.

Staff are satisfied with Darren Doerschel’spast consulting services and recommend continuation of the TV and AV production support and systems maintenance services.

The agreement is for an initial one-year term with two one-year optional extensions that may be exercised by the City Manager.

7. ATTACHMENTS
· Professional Services Agreement
City of Orange Printed on 7/7/2022Page 2 of 2
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Agenda Item
City Council
Item #: 3.11. 7/12/2022 File #: 22-0417
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 Darren Doerschel for continued TV and AV production support and systems maintenance services.

3. RECOMMENDED ACTION

1. Approve the agreement with Darren Doerschel in the amount of $74,000 for continued television and audio-visual production support and systems maintenance services; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the City Manager to exercise two annual extensions as contemplated in the Agreement.

4. FISCAL IMPACT
The total expenditure for this agreement is $74,000 and will be funded through Information Technology Fund (780).

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
Beginning in 2015, the City acquired and implemented newer broadcast, presentation, voting, and agenda management systems serving uses in the Council Chambers. These systems have been acquired in differing timeframes and are increasingly complex, requiring specialized consulting services. Darren Doerschel has provided consulting services for these acquisitions, as well as the operational support of these systems post implementation. Mr. Doerschel is therefore familiar with the City of Orange Council Chambers broadcast and presentation systems. This agreement includes the City of Orange Printed on 7/7/2022Page 1 of 2
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Item #: 3.11. 7/12/2022 File #: 22-0417
continued systems maintenance services.

Staff are satisfied with Darren Doerschel’spast consulting services and recommend continuation of the TV and AV production support and systems maintenance services.

The agreement is for an initial one-year term with two one-year optional extensions that may be exercised by the City Manager.

7. ATTACHMENTS
· Professional Services Agreement
City of Orange Printed on 7/7/2022Page 2 of 2
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179

PROFESSIONAL SERVICES AGREEMENT
[TV and AV Production Support and Systems Maintenance 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 DARREN DOERSCHEL, a sole proprietor (“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.

Will Kolbow, Assistant City Manager/Administrative Services Director (“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 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 perform ed under this Agreement, shall not exceed SEVENTY-FOUR THOUSAND DOLLARS and 00/100 ($74,000.00) without the prior written authorization of 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.

2.1 Term and Extension(s)

a. The Initial Term of this Agreement is one (1) year (the “Initial Term”), commencing July 1, 2022 and expiring on June 30, 2023 (the “Expiration Date”); provided, 180
2 however, that City has the right to extend the term of this Agreement for the following extensions and upon the following terms:

• First Extension (the “First Extension Term”) commencing July 1, 2023, and terminating June 30, 2024 , in an annual amount not to exceed SEVENTY-FOUR THOUSAND DOLLARS and 00/100 ($74,000.00) without the prior written authorization of City;

• Second Extension (the “Second Extension Term”) commencing July 1, 2024 , and terminating June 30, 2025 , in an annual amount not to exceed SEVENTY-FOUR THOUSAND DOLLARS and 00/100 ($74,000.00) without the prior written authorization of City;

b. The City Manager is hereby authorized on behalf of City to give written notice to Contractor of City’s intention to exercise each Extension (if at all) no later than thirty (30) days prior to the Expiration Date of the then -current term; provided, however, that City’s notice of its intention to extend the term of this Agreement for each Extension shall be expressly conditioned upon and subject to the approval by the City Council, in its sole and absolute discretion, of an amount sufficient to pay the compensation set forth herein for each Extension as part of its annual budget approval process prior to the beginning of each Extension. While the parties acknowledge that City is required to give its notice of intention to extend the term of this Agreement not later than thirty (30) days prior to the Expiration Date of then -current term, it is possible that the City Council’s approval of its annual budget and appropriation of funds for the Extension in question may occur thereafter. Accordingly, if the City Council fails to approve and appropriate funds sufficient to pay the amount of compensation set forth herein for an Extension, this Agreement shall terminate and be of no further force and effect as of the expiration of the then-current term. Notwit hstanding anything in this provision to the contrary, in the event City gives Contractor written notice exercising an Extension and City receives notice that appropriation of funds for the Extension in question are not available after Contractor has perfor med services under the Extension, City agrees that Contractor will be equitably compensated for all services performed under any portion of an Extension through the date of termination of the Agreement.

Except as specifically set forth herein, the terms and conditions of each Extension will be the same as the Initial Agreement.

c. Any Extension, if properly exercised, shall be memorialized in the form of an amendment to this Agreement. The City Manager is hereby authorized to approve and execute amendments to this Agreement reflecting the exercise of each Extension and the amount of compensation (including the amount of funds to be made available for additional work or services) payable to Contractor for each respective Extension

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.

b. All such invoices shall state the basis for the amount invoiced, in cluding services completed, the number of hours spent and any extra work performed. 181
3 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 service s, 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 lice nses, 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 Cit y. 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, def end 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.

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 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 nonprofessional work may be performed by persons other than those designated.

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4 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 upon commencement of the Initial Term 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.

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 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 conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

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5 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.

17. Indemnity.

(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, 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 ful lest 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 caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.

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6 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.

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.

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. 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 Three Hundred Thousand Dollars ($ 300,000); 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 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 this Agreement.
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7 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.

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 companies 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 a ny 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.

19. Termination. City may for any reason terminate this Agreeme nt 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.

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8 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.

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 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 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. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c. 187
9 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.

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.

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”

Darren P. Doerschel City of Orange
2307 32nd Street #3 300 E. Chapman Avenue
Santa Monica, CA 90405 Orange, CA 92866-1591
Attn.: Darren Doerschel Attn.: Will Kolbow

Telephone: (310) 350-8399 Telephone: (714) 744-2235 E-Mail: [email protected] E-Mail: [email protected] 188
10 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”

DARREN DOERSCHEL, a sole proprietor CITY OF ORANGE, a municipal corporation

*By: By:

Printed Name: Mark A. Murphy, Mayor
Title:

ATTEST:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney

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EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
190

Darren P. Doerschel, Systems Integration Consultant
2307 32nd Street #3 Santa Monica, CA 90405 VOICE: 310.350.8399 EMAIL: [email protected]

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Orange City CouncilJuly 12, 2022

Orange City Council
July 12, 2022