Agenda packet — Orange City Council, August 9, 2022 (part 1 of 2)

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

KIMBERLEE NICHOLS
Mayor pro tem

CHIP MONACO
Councilmember

ARIANNA BARRIOS
Councilmember, District 1

JON DUMITRU
Councilmember, District 2

KATHY TAVOULARIS
Councilmember, District 3

ANA GUTIERREZ
Councilmember, District 5
AGENDA
City Council
August 09, 2022
5:00 PM Closed Session
6:00 PM Regular Session
City Council Chamber
300 E. Chapman Avenue
Orange, CA 92866
The City of Orange City Council welcomes you to this meeting and encourages your participation. Regular City Council meetings are held on the second Tuesday of each month at 6:00 p.m.

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

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

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

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1 City Council Agenda August 9, 2022
2) Written Public Comments via email or eComment
Members of the public can submit their written comments electronically for City Council consideration by emailing them to CCpubliccomment@cityoforange .org with the subject line “Public Comment Item # (insert the item number relevant to the comment )” or “Public Comment Non -agenda Item” for general public comments. The public can also submit written comments on the City ’s eComment page. Please visit the City’s website at www .cityoforange.org, click Current City Council Agenda, then click the eComment link for this meeting. To ensure distribution to the City Council prior to consideration of the agenda, we encourage the public to submit comments by 3:00 p.m. the day of the meeting. All public comments will be provided to the Council, posted on the City’s website, and compiled as part of the record. 3) Public Comments via recorded voicemail message
Finally, the public can record their comments by calling (714) 744-2234 no later than 5:00 p.m. the day of the meeting. Recorded messages will not be played at the meeting, but will be provided to the Council and the caller's position will be summarized in the minutes.

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

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

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

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

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2 City Council Agenda August 9, 2022
5:00 PM CLOSED SESSION

1. ROLL CALL

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

3. RECESS TO CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) - Three cases 1) Name of case: Gary Steele v. City of Orange
Orange County Superior Court Case No. 30-2022-01241193
2) Name of case: Rochelle Lyon v. City of Orange
Orange County Superior Court Case No. 30-2021-01186049
3) 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 August 9, 2022
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER

1.1 INVOCATION
Father Neil Edlin, St. Mary Magdalene Anglican Church

1.2 PLEDGE OF ALLEGIANCE
Councilmember Jon Dumitru

1.3 ROLL CALL

1.4 PRESENTATIONS/ANNOUNCEMENTS
Recognition of outgoing Board, Committee and Commission members Memorial Adjournment in honor of Salvador Avila, founder of Avila's El Ranchito Restaurant

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:

Staff ReportAttachments:

3.2. Confirmation of warrant registers dated July 6, 7, 12, 15, 21, and 26, 2022.

Approve.

Recommended Action:

Staff ReportAttachments:

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4 City Council Agenda August 9, 2022

3.3. Approval of meeting minutes of the City Council of the City of Orange for the July 12, 2022, Regular Meeting.

Approve minutes as presented.

Recommended Action:

Staff Report
July 12, 2022, Regular Meeting minutes
Attachments:

3.4. Second Amendment to License Agreement with the County of Orange for use of office space at Fire Station No. 7.

Approve the amendment agreement with the County of Orange for use of office space at Fire Station No. 7; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Second Amendment with the County of Orange
Attachments:

3.5. Third Amendment to Agreement with Intratek Computer Inc ., for helpdesk and desktop technical support and update on Information Technology services.

Approve the amendment to agreement with Intratek Computer Inc. for helpdesk and desktop technical support; and authorize the Mayor and the City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Third Amendment to Agreement with Intratek Computer
Attachments:

3.6. Appropriation of $5,000 in revenue from community partnership donations.

1. Accept into the City ’s revenue budget a $5,000 community partner donation, into revenue account 100.7015.48390.30197, Donations-2022 Special Events Season.

2. Authorize the appropriation of $5,000 in the expenditure account number 100.7015.51355.30197, General Fund - Special Events-2022 Season.

Recommended Action:

Staff ReportAttachments:

3.7. Appropriation of $ 192,516.14 in State of California Office of Emergency Services funding received.

1. Accept into the City ’s revenue budget $192,516.14 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 Recommended Action:

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5 City Council Agenda August 9, 2022
report.

2. Authorize the appropriation of $190,469.12 into the expenditure account numbers for Overtime-Safety as specified in Section 6 of the staff report.

3. Authorize the appropriation of $2,047.02 into the expenditure account numbers for Strike Team Expenditures as specified in Section 6 of the staff report.

Staff ReportAttachments:

3.8. Appropriation of $ 25,748 in designated continuing education funding received from the Rancho Santiago Community College District.

1. Accept into the City ’s revenue budget $25,748 in continuing education funds from Rancho Santiago Community College District into revenue account number 100.3023.48210.20234, General Fund - Santa Ana College Fire Training.

2. Authorize the appropriation of $25,748 into expenditure account number 100.3023.51840.20234, General Fund - Santa Ana College Fire Training.

Recommended Action:

Staff Report
Standard Inter-Agency Instructional Services Agreement AGR-6589 Attachments:

3.9. Acceptance and appropriation of $ 10,000 in American Recovery Act Program funding for Meal Gap Services.

1. Accept into the City ’s revenue budget $10,000 in American Recovery Act Program Funding from the County of Orange, into revenue account 550.7011.45150.30207, Reimbursable Capital Projects - Federal Grant Revenue.

2. Authorize the appropriation of $10,000 to 550.7011.56510.30207, CIP -Other Capital Outlay-Meal Gap FY 23.

Recommended Action:

Staff Report
Subrecipient Agreement for Revenue Loss American Rescue Plan Act Funding
Attachments:

3.10. Approval of plans and specifications for Cannon Street at Serrano Avenue Intersection Improvements (SP-4086); and authorization to advertise for bids.

Approve the plans and specifications and authorize advertising for Bid No. 22-23.05.

Recommended Action:

Staff Report
Location Map
Attachments:

3.11. Approval of plans and specifications for the Orange Library Interior Rehabilitation Project, and authorization to advertise for bids.

Approve plans and specifications and authorize advertising for Bid No. 22-23.08.

Recommended Action:

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Staff ReportAttachments:

3.12. Claims for Damages.

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

1. Immanuel Lutheran Church

2. Andrew Moser

3. Carlos De Brito

4. Canyon Glen Community Association

5. Jeff McCleary

6. Southern California Edison

7. Mercury Insurance a/s/o Kenya Avila
Recommended Action:

Staff ReportAttachments:

3.13. Award of Contract to Crosstown Electrical & Data, Inc. for Tustin Street at La Veta Avenue - Rock Creek Drive Signal Modification; Bid No. 22-23.02.

1. Authorize the appropriation of $20,000 from the Fund 287 (TSIP Citywide ) unreserved fund balance to expenditure account 287.5032.56100.20351 , CIP-Tustin & La Veta Traffic Signal Upgrade.

2. Approve the contract with Crosstown Electrical & Data, Inc. in the total amount of $115,145.80, representing an original bid amount of $104,678, plus a 10% contingency of $10,467.80, for Tustin Street and La Veta Avenue - Rock Creek Drive Traffic Signal Modification; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Bid Abstract
Contract with Crosstown Electrical & Data, Inc.

Attachments:

3.14. Award of Contract to Delta Electric, LLC for the Replacement of Emergency Generator and Automatic Transfer Switch for Water Division Headquarters Project; Bid No. 21-22.41

1. Award the contract to Delta Electric, LLC in the amount of $ 184,000.50 for the Replacement of Emergency Generator and Automatic Transfer Switch; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize 10% of the contract amount for contingency purposes.

Recommended Action:

Staff Report
Location Map
Bid Abstract
Contract with Delta Electric, LLC
Attachments:

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3.15. Final Acceptance of Bid No. 21-22.31, Automatic Door Upgrade at City Hall; and authorization to file Notice of Completion.

Accept the Automatic Door Upgrade at City Hall project (SP-4208) as complete, and authorize staff to file Notice of Completion with the County Recorder.

Recommended Action:

Staff Report
Notice of Completion and Acceptance
Attachments:

3.16. Final Acceptance of Bid No. 21-22.30, Painting and Carpet Replacement at Various Fire Stations; and authorization to file Notice of Completion.

Accept Painting and Carpet Replacement at Various Fire Stations (SP-4209) as complete, and authorize staff to file Notice of Completion with the County Recorder.

Recommended Action:

Staff Report
Notice of Completion and Acceptance
Attachments:

3.17. Final Acceptance of Bid No. 21-22.24, Fire Station 5 Bathroom Remodel; and authorization to file Notice of Completion.

Accept Fire Station 5 Bathroom Remodel as complete (SP-4200), and authorize staff to file Notice of Completion with the County Recorder.

Recommended Action:

Staff Report
Notice of Completion and Acceptance
Attachments:

3.18. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Section 2.26.010.A of the Orange Municipal Code regarding duties of the City Treasurer. Ordinance No. 05-22.

Adopt Ordinance No. 05-22.

Recommended Action:

Staff Report
Ordinance No. 05-22
Attachments:

3.19. Time extension for Tentative Tract Map No. 0050-20, Minor Site Plan Review No . 1016-20, and Negative Declaration No. 1871-20 - Mabury Tentative Tract Map Approve a one -year time extension based on Orange Municipal Code Section

17.08.060, and a six -year time extension based on Subdivision Map Act Section 66452.6(e) for Tentative Tract Map No. 0050-20, Minor Site Plan Review No. 1016-20, Recommended Action:

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8 City Council Agenda August 9, 2022
and Negative Declaration No. 1871-20.

Staff Report
Attachment 1 Letter from Milan REI X LLC
Attachment 2 City Council Resolution No. 11268
Attachment 3 City Council Staff Report dated August 25, 2020 Attachment 4 City Council Minutes dated August 25, 2020 Attachments:

3.20. Monthly Treasurer’s Reports for April, May, and June 2022.

Receive and file.

Recommended Action:

Staff Report
Investment Report for April 2022
Investment Report for May 2022
Investment Report for June 2022
Attachments:

3.21. Delegate authority to the City Manager to apply for and Make Industrial Disability Retirement Determinations. Resolution No. 11413.

Adopt Resolution No. 11413. A Resolution of the City Council of the City of Orange Rescinding Resolution No. 11111 and Delegating Authority to the City Manager to Apply for and Make Industrial Disability Retirement Determinations.

Recommended Action:

Staff Report
Resolution No. 11413
Attachments:

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

4. REPORTS FROM MAYOR MURPHY

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

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

5.1. Highlight Local Business (Gutierrez & Barrios)

5.2. Park Events - Concert/Movie Series (Dumitru)

5.3. Public Noticing of Projects/Hearings (Dumitru)

5.4. City Council Rules of Decorum (Gutierrez)

5.5. Historic Cypress Street Barrio (Monaco)

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6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS

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

Confirm Mayor Murphy ’s recommendation to appoint Jeff Grampp to a two -year term ending June 30, 2024; and Aaron Christensen to a one -year term ending June 30, 2023.

Recommended Action:

Staff Report
Resolution No. 11387
Attachments:

7. ADMINISTRATIVE REPORTS

7.1. Request for Proposal No. 22-23.06 for grant writing and legislative advocacy services.

Approve Request for Proposal No. 22-23.06 for grant writing and legislative advocacy services.

Recommended Action:

Staff Report
RFP 22-23.06
Attachments:

7.2. Review of City’s Neighborhood Permit Parking Program policy Approve the proposed updates to the Neighborhood Permit Parking Program policy and implementation updates, dated August 9, 2022.

Recommended Action:

Staff Report
NPPP Policy Update 2022 (Redlined)
Attachments:

7.3. Discussion of North Tustin Street Specific Plan Options Provide direction to staff on the North Tustin Street Specific Plan conceptual land use with consideration of options provided by staff and consideration of City Council ’s request for the formation of an ad-hoc committee.

Recommended Action:

Staff Report
Attachment 1 - Original Proposal and Existing Conditions Map Attachment 2 - List of Land Uses Permitted in Various Commercial Zones
Attachments:

8. REPORTS FROM CITY MANAGER

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9. ADJOURNMENT
The City Council will Adjourn in Memory of Salvador Avila.

The next Regular City Council meeting will be held on Tuesday, September 13, 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.

Date posted: August 4, 2022

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11 Agenda Item
City Council
Item #: 3.1. 8/9/2022 File #: 22-0450
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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12 Agenda Item
City Council
Item #: 3.1. 8/9/2022 File #: 22-0450
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Pamela Coleman, City Clerk

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

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

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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13 Agenda Item
City Council
Item #: 3.2. 8/9/2022 File #: 22-0451
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 July 6, 7, 12, 15, 21, and 26, 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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14 Agenda Item
City Council
Item #: 3.2. 8/9/2022 File #: 22-0451
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 July 6, 7, 12, 15, 21, and 26, 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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15 Agenda Item
City Council
Item #: 3.3. 8/9/2022 File #: 22-0479
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 July 12, 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
· July 12, 2022, Regular Meeting minutes
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16 Agenda Item
City Council
Item #: 3.3. 8/9/2022 File #: 22-0479
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 July 12, 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
· July 12, 2022, Regular Meeting minutes
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17 City of Orange
City Council
July 12, 2022

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Tuesday, July 12, 2022, at 5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.

Pursuant to California Government Code Section 54953(b), Councilmember Monaco participated in this meeting via teleconference from Marriott's Waiohai Beach Club, 2249 Poipu Road, Room 8104, Koloa, HI 96756. A copy of the agenda was posted at this location. 4:30 PM EMPLOYEE RECOGNITION

1. WELCOME
Mayor Murphy welcomed everyone.

2. EMPLOYEE SERVICE AWARDS
Employees were recognized for their years of service to the City and the community.

3. RECESS
The City Council recessed at 5:00 p.m.
5:00 PM CLOSED SESSION

1. CALL TO ORDER
Mayor Murphy called Closed Session to order at 5:03 p.m.

1.1 ROLL CALL

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

Absent: Dumitru
Councilmember Monaco joined Closed Session at 5:13 p.m. and participated via teleconference.

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None

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3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:04 p.m. with all Members present, except Councilmember Dumitru who was absent and Councilmember Monaco who joined the session at 5:13 p.m. to discuss the following:
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) Name of case: Mary's Kitchen, et al. v. City of Orange
United States District Court Case No. 8:21-cv-01483-JVS-KES

4. CLOSED SESSION REPORT
None

5. ADJOURNMENT
Closed Session was adjourned at 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 Fr. Cheeyoon Chun from Holy Family Catholic Church.

1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Kathy Tavoularis.

1.3 ROLL CALL
Councilmember Monaco participated via teleconference.

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

Absent: Dumitru

1.4 PRESENTATIONS/ANNOUNCEMENTS
Recognition of outgoing Boards, Commissions, and Committees members. The following committee members were recognized: Library Board of Trustees member Steve Freeman for 11 years of service, Community Block Grant Program Committee member Fernando Rico for 19 years of service, and Community Block Grant Program Committee member Janice Mickelson -Weilmunster for 7 years of service (Ms.

Mickelson-Weilmunster was not in attendance at the meeting).

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.

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Memorial Adjournment in honor of Joseph "Joe" Dumitru.

Mayor Murphy announced Item 7.1 would be continued to a date uncertain.

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.

Continued to a date uncertain.

2. PUBLIC COMMENTS
Public Speakers
Cher Carrera spoke about a map of the U.S. she painted on her street.

Chuck Walstead spoke in support of a skate park at Grijalva Sports Center.

Cindy Pace praised the 3rd of July event; and requested the City include the Space Force military branch of service in the military recognition medley next year.

Greg Baker spoke in opposition of a proposed cemetery near Palmyra Avenue.

Bernie Galasso spoke in opposition of a proposed cemetery near Palmyra Avenue.

Carole Walters criticized the public for speaking unkindly about City employees.

Sharon Galasso spoke in opposition of a proposed housing development at Chapman Avenue & Yorba Street; and a proposed cemetery near Palmyra Avenue.

Kimberly Bottomley spoke in support of a mural at El Camino Real Park.

Arnie Kimeldorf spoke in opposition of a proposed cemetery near Palmyra Avenue.

Sunnie White spoke in opposition of a proposed cemetery near Palmyra Avenue.

Adrienne Gladson commended the City of Orange 24/7 app, and requested review of the City's appeal process.

James Kushon, Orange Dog Park Association President, spoke in opposition of a proposed cemetery near Palmyra Avenue.

Jake Comber addressed the effects of climate change.

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

ACTION: Approved.

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

ACTION: Approved.

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

ACTION: Approved minutes as presented.

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

Note: Mayor pro tem Nichols abstained due to a potential conflict with a nearby property interest.

ACTION: 1) Approved 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 authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Approved 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.

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

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

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

Struck Transition Plan ineligible for CARES funding.

A speaker card was submitted for Item 3.6; therefore, the item was removed from the Consent Calendar for separate consideration.

Public Speaker
Wadarek spoke in support of Mary's Kitchen.

ACTION: A motion was made by Mayor pro tem Nichols, seconded by Mayor Murphy, to 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. The motion carried by the following vote:

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

NoneNoes:

DumitruAbsent:

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.

ACTION: 1) Approved 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 authorized the City Manager to execute on behalf of the City.

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21 City Council Minutes - Draft July 12, 2022
2) Adopted 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) Accepted 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) Authorized the appropriation of $255,074.74 into the following expenditure accounts:
$110,813.11 100.4041.50001.30204 Regular Salaries Safety - CTFGP $126,861.63 100.4041.50221.30204 Overtime Safety - CTFGP $ 17,400.00 100.4041.51830.30204 Overnight Training - CTFGP

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

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

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.

A speaker card was submitted for Item 3.9; therefore, the item was removed from the Consent Calendar for separate consideration. However the speaker was not present to speak.

ACTION: A motion was made by Mayor pro tem Nichols, seconded by Councilmember Barrios, to: 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; and 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. The motion carried by the following vote:

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

NoneNoes:

DumitruAbsent:

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

A speaker card was submitted for Item 3.10; therefore, the item was removed from the Consent Calendar for separate consideration.

Public Speaker
Marilyn Moore, Orange County Friends of Music and Community Master Chorale, thanked the Council for their ongoing support of the Chorale.

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22 City Council Minutes - Draft July 12, 2022
ACTION: A motion was made by Mayor pro tem Nichols, seconded by Councilmember Barrios, to 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. The motion carried by the following vote:

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

NoneNoes:

DumitruAbsent:

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

ACTION: 1) Approved the agreement with Darren Doerschel in the amount of $ 74,000 for continued television and audio -visual production support and systems maintenance services; and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Authorized the City Manager to exercise two annual extensions as contemplated in the Agreement.

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

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

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

ACTION: 1) Accepted 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; and 2) Authorized the appropriation of $ 5,000 into expenditure account number 100.2016.53340.30203 General Fund - Discover Your State Parks.

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.

ACTION: 1) Accepted 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; and 2) Authorized the appropriation of $8,892.03 into Fiscal Year 2021-2022 expenditure account number 100.4011.53030.00000 General Fund - Uniforms.

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.

ACTION: 1) Accepted 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) Authorized 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 -

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23 City Council Minutes - Draft July 12, 2022
HOME-ARP Admin; 3) Authorized 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; and 4) Approved 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 authorized the Mayor and City Clerk to execute on behalf of the City.

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

ACTION: 1) Accepted 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) Authorized 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

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

ACTION: 1) Accepted 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 follows:

Cal-OES reimbursements (revenue account 100.3024.48212.xxxxx):
$ 99,949.94 40273 - Bootleg Fire
11,180.08 40286 - OES Pre-Position #210074
13,848.75 40287 - OES Pre-Position #210076
8,906.95 40288 - OES Pre-Position #210083
2) Authorized the appropriation of $ 131,583.75 into the expenditure account numbers for Overtime-Safety as follows:

Overtime-Safety (expenditure account 100.3024.50221.xxxxx):
$ 99,270.62 40273 - Bootleg Fire
10,747.24 40286 - OES Pre-Position #210074
13,336.58 40287 - OES Pre-Position #210076
8,229.31 40288 - OES Pre-Position #210083
3) Authorized the appropriation of $ 2,301.97 into the expenditure account numbers for Strike Team Expenditures as follows:

Strike Team (expenditure account 100.3024.53860.xxxxx):
$ 679.32 40273 - Bootleg Fire
432.84 40286 - OES Pre-Position #210074
512.17 40287 - OES Pre-Position #210076
677.64 40288 - OES Pre-Position #210083

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24 City Council Minutes - Draft July 12, 2022

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

ACTION: Authorized 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.

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.

ACTION: Approved plans and specifications and authorize advertising for bids.

3.20. Claims for Damages.

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

1. Thai Nguyen

2. M.O. (minor)

3. Thomas Wilson

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

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

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

ACTION: 1) Authorized the appropriation of $ 40,000 from the Capital Projects unreserved fund balance to expenditure account number 500.5032.56100.20374, Streetlight Pole Replacement Program; and 2) Awarded 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 authorized the Mayor and City Clerk to execute on behalf of the City.

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) ACTION: Accepted Annual Pavement Maintenance at Various Locations Project, FY 2020-2021, Phase 2 as complete, and authorized staff to file Notice of Completion with the County Recorder.

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

Item 3.24 was removed from the Consent Calendar for separate consideration by Councilmember Gutierrez.

Councilmember Gutierrez thanked staff for the completed upgrades to the El Modena Branch Library.

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25 City Council Minutes - Draft July 12, 2022
ACTION: A motion was made by Councilmember Gutierrez, seconded by Mayor pro tem Nichols, to 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. The motion carried by the following vote:

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

NoneNoes:

DumitruAbsent:

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

A speaker card was submitted for Item 3.25; therefore, the item was removed from the Consent Calendar for separate consideration.

Public Speaker
Quinn Promarug spoke in support of approving the purchase order.

ACTION: A motion was made by Mayor pro tem Nichols, seconded by Councilmember Barrios, to: 1) Approve purchase order for print and audiovisual materials from Baker & Taylor, Inc. in the amount of $ 115,000; and 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. The motion carried by the following vote:

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

NoneNoes:

DumitruAbsent:

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

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

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

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

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.

ACTION: Approved closure of the Orange Public Library facilities to the public as follows:
1) September 2 - 3 - The Orange Public Library & History Center (OPL & HC) closes at 2:30 p.m. on Friday, September 2 and all day on Saturday, September 3. Both El Modena and Taft Branch Libraries will maintain their regular business hours during this time.
2) November 23 - Orange Public Library facilities will close at 6:00 p.m. on the Wednesday evening prior to the Thanksgiving Day holiday.

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26 City Council Minutes - Draft July 12, 2022
3) December 24 - January 2 - Orange Public Library facilities will close as part of the City’s annual holiday closure. These dates were outlined in Resolution No. 11199 and approved by City Council at the December 10, 2019 meeting. 4) January 16 - All library facilities will be closed for Staff Development Day

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

Resolution No.11409.

ACTION: Adopted 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.

Approval of the Consent Calendar
Mayor pro tem Nichols abstained from Item 3.4. Items 3.6, 3.9, 3.10, 3.24, and 3.25 were removed from the Consent Calendar and heard separately. All other items were approved as recommended.

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

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

NoneNoes:

DumitruAbsent:

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.

A motion was made by Mayor pro tem Nichols, seconded by Councilmember Barrios, to designate Councilmember Monaco as the voting delegate and Councilmember Barrios as the alternate for the Friday, September 9, 2022, League of California Cities Annual Business Meeting. The motion carried by the following vote:

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

NoneNoes:

DumitruAbsent:

5. REPORTS FROM COUNCILMEMBERS

5.1. Highlight Local Business (Gutierrez & Barrios)
Councilmember Barrios highlighted the following local business: Chamber of Commerce. Councilmember Gutierrez highlighted the following local business: Hitch'n Post Feed & Tack.

5.2. North Tustin Specific Plan - Scope (Tavoularis)
With Council consensus, Councilmember Tavoularis requested this item be added to the August 9 Council agenda for discussion.

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27 City Council Minutes - Draft July 12, 2022
Public Speakers
Jeff Lawrence spoke in opposition of the plan as presented at the community meeting.

Matthew Hamilton spoke in opposition of the plan as presented at the community meeting.

Sister Mary Sweeney cautioned Council to be deliberate during the process.

Darren Kempkes spoke in opposition of the plan as presented at the community meeting.

Adrienne Gladson suggested delaying discussion until after the November 2022 election.

5.3. Illegal Fireworks Comments (Barrios)
Councilmember Barrios suggested finding innovative ways to address illegal fireworks.

Public Speaker
Dru Whitefeather suggested posting permanent signage in east Orange informing the public fireworks are illegal in the City of Orange.

RECESS: The City Council recessed at 8:39 p.m. and reconvened at 8:55 p.m. with all Members present, except Councilmember Dumitru who was absent.

6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS

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

A motion was made by Mayor pro tem Nichols, seconded by Councilmember Barrios, to 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. The motion carried by the following vote:

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

NoneNoes:

DumitruAbsent:

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.

Item previously continued to a date uncertain.

7.2. Sully Miller Site Update.

Public Speakers
Bonnie Robinson commented on the staff report.

Adrienne Gladson inquired about a full timeline for the Sully Miller site.

Dru Whitefeather commented on the staff report.

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28 City Council Minutes - Draft July 12, 2022
Laura Thomas spoke about the current dumping at the site.

Chuck Emanuele commented on the staff report.

David Hillman commented on the staff report.

During discussion, it was determined the LEA has authority over environmental cleanup of the site. After further discussion, Council expressed interest in exploring passive or recreational land use of the site.

Report was received and filed.

7.3. Options for grant writing and legislative advocacy services.

During discussion, Council expressed support for the RFP process.

A motion was made by Councilmember Barrios, seconded by Councilmember Gutierrez, to direct staff to prepare a Request for Proposals for Council's approval. The motion carried by the following vote:

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

NoneNoes:

DumitruAbsent:

7.4. 2021 Orange International Street Fair Report.

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

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

NoneNoes:

DumitruAbsent:

Councilmember Barrios left the dais at 10:43 p.m.

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

A motion was made by Mayor pro tem Nichols, seconded by Mayor Murphy, to:
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.

The motion carried by the following vote:

Nichols, Monaco, Tavoularis, Gutierrez, and MurphyAyes:

NoneNoes:

Barrios, and DumitruAbsent:

Councilmember Barrios returned to the dais at 10:46 p.m.

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29 City Council Minutes - Draft July 12, 2022

8. REPORTS FROM CITY MANAGER
None

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.

A motion was made by Mayor pro tem Nichols, seconded by Mayor Murphy, to Introduce and conduct First Reading of Ordinance No. 05-22. The motion carried by the following vote:

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

NoneNoes:

DumitruAbsent:

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.

10. ADJOURNMENT
There being no further business, the meeting was Adjourned in Memory of Randal Robb and Joseph "Joe" Dumitru at 10:47 p.m.

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.
______________________ _________________________ PAMELA COLEMAN MARK A. MURPHY

CITY CLERK MAYOR

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30 Agenda Item
City Council
Item #: 3.4. 8/9/2022 File #: 22-0444
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Second Amendment to License Agreement with the County of Orange for use of office space at Fire Station No. 7.

2. SUMMARY
Second Amendment Agreement extending the contract term with the County of Orange to allow the Orange County Intelligence Assessment Center to occupy vacant office space on the second floor of Fire Station No. 7 through October 19, 2023.

3. RECOMMENDED ACTION
Approve the amendment agreement with the County of Orange for use of office space at Fire Station No. 7; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
None.

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
In 2002, the Orange County Board of Supervisors approved the creation of the Terrorist Early Warning Group (TEWG) in response to the terrorist attacks of September 11, 2001. In 2003, the Orange Police Department assigned a sergeant to oversee Homeland Security efforts within the City of Orange and to act as a formal liaison with the TEWG. As more agencies throughout the County became involved, the Orange County Intelligence Assessment Center (OCIAC) was formed.

OCIAC was originally housed at the County facility at Loma Ridge; however, this location soon became too small and lacked the technological needs of the unit. As the nearby Orange City Fire Station No. 7 had vacant office space on the second floor (originally designed as a police substation to support the future Santiago Hills II expansion), the County inquired about relocating OCIAC to that location. In 2011, the City and County entered into a five-year license agreement to allow OCIAC to occupy the then-vacant office space. In October 2016, both parties entered into a new five-year license agreement herein referenced as (the “OriginalAgreement”)to allow the County to continue its City of Orange Printed on 8/4/2022Page 1 of 2
powered by Legistar™
31 Item #: 3.4. 8/9/2022 File #: 22-0444
license agreement herein referenced as (the “OriginalAgreement”)to allow the County to continue its use of the space through October 19, 2021. In 2021, the County notified the City of its intent to relocate OCIAC operations and pursued a one-year extension through October 19, 2022, as documented in the First Amendment. It was agreed that there would be no cost to lease the office space as the City benefitted by having this unit in Orange as it provides additional law enforcement resources. The license agreement has the County reimbursing the City all operating costs for the utilities used as well as all tenant improvements.

The City and County now desire to amend original agreement to extend the contract term for use of the facility through October 19, 2023. The renewal is being processed for a one-year term as the County continues to relocate the OCIAC operation into another building currently in build-out. At the conclusion of the lease, the office space will revert to a multi-purpose facility operated by the Police Department for training, conferences, and community functions.

7. ATTACHMENTS
· Second Amendment with the County of Orange
City of Orange Printed on 8/4/2022Page 2 of 2
powered by Legistar™
32 Agenda Item
City Council
Item #: 3.4. 8/9/2022 File #: 22-0444
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Second Amendment to License Agreement with the County of Orange for use of office space at Fire Station No. 7.

3. RECOMMENDED ACTION
Approve the amendment agreement with the County of Orange for use of office space at Fire Station No. 7; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
None.

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

OCIAC was originally housed at the County facility at Loma Ridge; however, this location soon became too small and lacked the technological needs of the unit. As the nearby Orange City Fire Station No. 7 had vacant office space on the second floor (originally designed as a police substation to support the future Santiago Hills II expansion), the County inquired about relocating OCIAC to that location. In 2011, the City and County entered into a five-year license agreement to allow OCIAC to occupy the then-vacant office space. In October 2016, both parties entered into a new five-year license agreement herein referenced as (the “OriginalAgreement”)to allow the County to continue its City of Orange Printed on 8/4/2022Page 1 of 2
powered by Legistar™
33 Item #: 3.4. 8/9/2022 File #: 22-0444
license agreement herein referenced as (the “OriginalAgreement”)to allow the County to continue its use of the space through October 19, 2021. In 2021, the County notified the City of its intent to relocate OCIAC operations and pursued a one-year extension through October 19, 2022, as documented in the First Amendment. It was agreed that there would be no cost to lease the office space as the City benefitted by having this unit in Orange as it provides additional law enforcement resources. The license agreement has the County reimbursing the City all operating costs for the utilities used as well as all tenant improvements.

7. ATTACHMENTS
· Second Amendment with the County of Orange
City of Orange Printed on 8/4/2022Page 2 of 2
powered by Legistar™
34 VC: 6/7/2022 Page 1 of 3 GA 1227-100-3
Second Amendment Substation 8525 Fort Rd

GA 1227-100-3
City of Orange/OCIAC
8501 & 8525 East Fort Road
Orange, CA 92869

SECOND AMENDMENT TO LICENSE

THIS SECOND AMENDMENT TO LEASE AGREEMENT (hereinafter referred to as “Second Amendment”) is made ________________________ 2022, (“Effective Date”) by and between CITY OF ORANGE , a California municipal corporation (hereinafter referred to as “City”) and the COUNTY OF ORANGE, a political subdivision of the State of California (hereinafter referred to as “County”) without regard to number and gender. The City and County may individually be referred to herein as a “Party,” or collectively as the “Parties.”

RECITALS

I. The City owns the fire/police station located at 8501 and 8525 East Fort Road, in the city of Orange.

II. Pursuant to a five-year license agreement, City Agreement #5807, dated October 11, 2016, the County has been occupying space at the City’s police station located at 8525 East Fort Road, in the City of Orange (“Substation”) for the purpose of furthering the mission and objectives set forth in the Memorandum of Agreement Among Public Agencies Participating in the Orange County Intelligence Assessment Center (“MOA”) between the Parties.

III. On October 20, 2016, the Parties entered into a new license (“License”) to allow the County to continue its use of the Substation which furthers the mission and objectives of the MOA, enhances the public health and safety of the residents and businesses in the City and throughout the County.

IV. On July 26, 2021, the Parties amended the License to extend the Term for an additional year (“First Amendment”).

V. The Parties now agree to amend the License to extend the Term for one (1) additional year.

NOW THEREFORE, in consideration of the Recitals above, which are incorporated herein by this reference, the Parties do hereby agree to amend the License as of the Effective Date first written above as follows:

A. Section 2.2 is hereby deleted from the Lease in its entirety and the following clause is substituted:

“SECTION 2.2 Term. The term of the License commenced on October 11, 2016 and shall continue in effective until October 19, 2023 (“ Term”), unless sooner terminated p ursuant to the terms of the License.”

35 VC: 6/7/2022 Page 2 of 3 GA 1227-100-3
Second Amendment Substation 8525 Fort Rd

B. Wherever a conflict in the terms or conditions of this Second Amendment, the First Amendment and the License exists, the terms or conditions in this Second Amendment shall prevail. In all other respects, the terms and conditions of the License and First Amendment not specifically changed by this Second Amendment, shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties have executed this Second Amendment the day and year first above written.

36 VC: 6/7/2022 Page 3 of 3 GA 1227-100-3
Second Amendment Substation 8525 Fort Rd

APPROVED AS TO FORM:

OFFICE OF COUNTY COUNSEL

ORANGE COUNTY, CALIFORNIA

By:

Deputy

CITY

CITY OF ORANGE

By:

Mark A. Murphy, Mayor

ATTEST

By:

Pamela Coleman, City Clerk

APPORVED AS TO FORM

By:

Gary A. Sheatz, City Attorney

COUNTY

COUNTY OF ORANGE

By:

Thomas A. Miller, Chief Real Estate Officer
County Executive Office
Per GC § 25350.51, Resolution No. 20-016 of the Board
of Supervisors

Date:

37 Agenda Item
City Council
Item #: 3.5. 8/9/2022 File #: 22-0478
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
Third Amendment to Agreement with Intratek Computer Inc., for helpdesk and desktop technical support and update on Information Technology services.

2. SUMMARY
In 2019, the City Council adopted a new service model for Information Technology services, bringing some functions in-house and maintaining some services using an outside services provider. In August 2019, the City Council approved an agreement with IntraTek Computer Inc. for helpdesk and desktop technical support. The original agreement was for three years with two optional one-year extensions. Staff is recommending that the first option year be executed, while additionally providing the City Manager with the authority to execute the final year of the extension if necessary.

3. RECOMMENDED ACTION
Approve the amendment to agreement with Intratek Computer Inc. for helpdesk and desktop technical support; 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 $309,613 and will be funded through Information Technology Fund (780).

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

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

6. DISCUSSION AND BACKGROUND
Background
Prior to 2019, the City’s Information Technology (IT) functions were outsourced to a third-party provider. Prior to the expiration of the contract on June 30, 2019, staff began to explore options as to how to move forward with IT services. Options included renewing with the provider at that time, issuing a request for proposals (RFP) to find alternative full-service providers, bringing all IT functions in-house, or a hybrid approach in which some functions would be brought in-house, while others City of Orange Printed on 8/4/2022Page 1 of 2
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38 Item #: 3.5. 8/9/2022 File #: 22-0478
would continue to be outsourced.

The City engaged a consultant, SDI Presence, to assist in evaluating the options. As a result of that analysis, staff proposed a hybrid approach, which brought the higher-level IT functions in-house and outsourced for helpdesk and desktop support services.

Staff issued an RFP for helpdesk and desktop support services in the summer of 2019, and the City Council approved a three-year contract with Intratek Computer, Inc. (Intratek). The agreement included an option for two one-year extensions.

Current Status of IT Services
After three years of the current service model, staff is reviewing IT services provided by the IT department. This review is to ensure that the products and services provided to end users are helpful and efficient as well as providing adequate information to the City Council and the public. In support of this effort, a survey of internal customers will be conducted to determine what areas IT services is succeeding in, needs improvement in, and what tools and software are necessary to fully support the needs of the City. The results of the survey will assist in putting together an RFP for the IT Strategic Plan. Staff intends to bring a recommendation for Strategic Plan services to the City Council in the fall.

Renewal of Contract with Intratek
The City has reached the end of the initial contract term with Intratek. The IT Department staff have been satisfied with the delivery of service that has been provided by Intratek and recommends extending the agreement for the first one-year option. Meanwhile, the IT Department will continue to develop the IT strategic plan and further analysis can be completed to determine how IT services will be delivered moving forward.

7. ATTACHMENTS
· Third Amendment to Agreement with Intratek Computer, Inc.

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39 Agenda Item
City Council
Item #: 3.5. 8/9/2022 File #: 22-0478
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
Third Amendment to Agreement with Intratek Computer Inc., for helpdesk and desktop technical support and update on Information Technology services.

4. FISCAL IMPACT
The total expenditure for this agreement is $309,613 and will be funded through Information Technology Fund (780).

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

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

6. DISCUSSION AND BACKGROUND
Background
Prior to 2019, the City’s Information Technology (IT) functions were outsourced to a third-party provider. Prior to the expiration of the contract on June 30, 2019, staff began to explore options as to how to move forward with IT services. Options included renewing with the provider at that time, issuing a request for proposals (RFP) to find alternative full-service providers, bringing all IT functions in-house, or a hybrid approach in which some functions would be brought in-house, while others City of Orange Printed on 8/4/2022Page 1 of 2
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40 Item #: 3.5. 8/9/2022 File #: 22-0478
would continue to be outsourced.

7. ATTACHMENTS
· Third Amendment to Agreement with Intratek Computer, Inc.

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41 THIRD AMENDMENT
TO

INFORMATION TECHNOLOGY SERVICES AGREEMENT

THIS THIRD AMENDMENT TO INFORMATION TECHNOLOGY SERVICES AGREEMENT (the “Third Amendment”) is made and ente red into as of ___ ___________, 2022 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and INTRATEK COMPUTER , INC., a California corporation (“Contractor”), with reference to the following.

A. City and Contractor entered into a n Information Technology S ervices Agreement (Agreement No. 6828) dated August 13, 2019, which is incorporated herein by this reference (the “Original Agreement”); and

B. City and Contractor amended the Original Agreement to revise the scope of services and increase the compensation by a First Amendment to Information Technology Services Agreement (Agreement No. 6828.1) dated October 7, 2021, which is incorporated herein by this reference (the “First Amendment"); and

C. City and Contractor amended the Original Agreement to revise the scope of services and increase the compensation by a Second Amendment to Information Technology Services Agreement (Agreement No. 6828.2) dated December 14, 2021, which is incorporated herein by this reference (the “Second Amendment"); and

D. City and the Contractor desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement to extend the term and set the compensation, and define a further extended term.

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 Contract.

Section 2. Cross-References. City and Contractor agree t hat all references in this Third Amendment are deemed and construed to refer to the Original Contract, as implemented by this Third Amendment.

Section 3. Extended Terms. Pursuant to Section 1.1 of the Additional Terms and Conditions in Exhibit “A” of the Original Agreement:

a. City elects to extend the term of this Agreement to reflect the First Extended Term, commencing on July 1, 2022, and terminating on June 30, 2023 (“First Extended Term”).

42 2
b. No later than thirty (30) days prior to the expiration of the First Extended Term, City may elect to further extend the term of this Agreement from July 1, 2023, and terminating on June 30, 2024 (“Second Extended Term”) at the compensation set forth in Section 4.b, below.

(1) The City Manager is hereby authorized on behalf of City to give written notice to Contractor of City’s intention to exercise the Second Extended Term; provided, however, that City’s notice of its intention to extend the term of this Agreement for the 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 the Extension as part of its annual budget approval process prior to the beginning of the 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 First Extended Term, it is possible that the City Council’s approval of its annual budget and appropriation of funds for the Second Extended Term 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 the Extension, this Agreement shall terminate and be of no further force and effect as of the expiration of the Second Extended Term .

Notwithstanding anything in this provision to the contrary, in the event City gives Contractor writ ten notice exercising the Extension and City receives notice that appropriation of funds for the Extension are not available after Contractor has performed services under the Extension, City agrees that Contractor will be equitably compensated for all serv ices performed under any portion of the Extension through the date of termination of the Agreement.

(2) The Second Extended Term shall be memorialized in the form of an amendment to this Agreement. The City Manager is hereby authorized to approve an d execute amendments to this Agreement reflecting the exercise of the Extension and the amount of compensation (including the amount of funds to be made available for additional work or services) payable to Contractor for the Extension.

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

Section 4. Compensation.

a. The total not-to-exceed compensation for the services to be rendered in the First Extended Term shall not exceed THREE HUNDRED NINE THOUSAND SIX HUNDRED THIRTEEN DOLLARS and 06/100 ($309,613.06) without the prior written authorization of City.

b. If City elects to exercise the Second Extended Term, the total not to exceed compensation for the services to be rendered in the Second Extended Term shall not exceed THREE HUNDRED EIGHTEEN THOUSAND NINE HUNDRED ONE DOLLARS and 45/100 ($318,901.45) without the prior written authorization of City.

Section 5. Integration. This Third 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 Third Amendment and the terms and provisions of the Original Agreement, the 43 3
terms and provisions of this Third Amendment shall control and govern the rights and obligations of the parties.

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

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

“CONTRACTOR” “CITY”

INTRATEK COMPUTER, 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 E. Binning
Senior Assistant City Attorney

*NOTE: If CONTRACTOR is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasu rer. 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. 45 46
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Agenda Item
City Council
Item #: 3.6. 8/9/2022 File #: 22-0449
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Appropriation of $5,000 in revenue from community partnership donations.

2. SUMMARY
Collected and donated revenues are recommended to be appropriated for 2022 City special events.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget a $5,000 community partner donation, into revenue account 100.7015.48390.30197, Donations-2022 Special Events Season.

2. Authorize the appropriation of $5,000 in the expenditure account number 100.7015.51355.30197, General Fund - Special Events-2022 Season.

4. FISCAL IMPACT
The revenue received funds the requested appropriation.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community b: Deliver high quality and safe recreational, social, environmental, educational and cultural services.

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

6. DISCUSSION AND BACKGROUND
Community Partnership Donation
The City’s annual Community Partnership Program solicits donations to support Citywide special events. The City’s donation policy states that single donations greater than $5,000 may only be accepted and appropriated by the City Council. Thompson Building Materials became “Whole Orange”partners for the 2022 Special Event Season and donated $5,000. Staff is requesting a total of $5,000 to be accepted and appropriated to help cover the cost of the City’s annual special events.

Summary of Revenue Sources
The total appropriation request is $5,000.

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Revenue Source Total Collected Location
Thompson Building Materials $ 5,000 Community Partnership Program.

7. ATTACHMENTS
· None
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62 Agenda Item
City Council
Item #: 3.6. 8/9/2022 File #: 22-0449
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Appropriation of $5,000 in revenue from community partnership donations.

2. SUMMARY
Collected and donated revenues are recommended to be appropriated for 2022 City special events.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget a $5,000 community partner donation, into revenue account 100.7015.48390.30197, Donations-2022 Special Events Season.

2. Authorize the appropriation of $5,000 in the expenditure account number 100.7015.51355.30197, General Fund - Special Events-2022 Season.

4. FISCAL IMPACT
The revenue received funds the requested appropriation.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community b: Deliver high quality and safe recreational, social, environmental, educational and cultural services.

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

Summary of Revenue Sources
The total appropriation request is $5,000.

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Revenue Source Total Collected Location
Thompson Building Materials $ 5,000 Community Partnership Program.

7. ATTACHMENTS
· None
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64 Agenda Item
City Council
Item #: 3.7. 8/9/2022 File #: 22-0455
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $192,516.14 in State of California Office of Emergency Services funding received.

2. SUMMARY
Costs for strike team and individual overhead deployments represent non-budgeted expenditures for the Fire Department. These costs are reimbursed by the State of California Office of Emergency Services at a later date. Staff is requesting that funds be appropriated into the appropriate expenditure accounts for Fiscal Year 2022-2023.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $192,516.14 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 $190,469.12 into the expenditure account numbers for Overtime -Safety as specified in Section 6 of the staff report.

3. Authorize the appropriation of $2,047.02 into the expenditure account numbers for Strike Team Expenditures as specified in Section 6 of the staff report.

4. FISCAL IMPACT
The total appropriations for this reimbursement are funded by the additional revenue received from the State of California Office of Emergency Services.

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

6. DISCUSSION AND BACKGROUND
The Orange City Fire Department is party to a state-level agreement with the State of California Office of Emergency Services (Cal-OES) to provide fire and emergency assistance to state and federal fire agencies. This agreement is managed by Cal-OES and referred to as the California Fire Assistance Agreement (CFAA). Under this agreement, the Orange City Fire Department generally provides resources two different ways: Strike Teams and Individual Overhead.

Strike team deployments involve an Engine Company, or a Battalion Chief, or a Deputy Chief responding to an incident with their vehicle, as part of a multi-agency team. Individual Overhead City of Orange Printed on 8/4/2022Page 1 of 2
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responding to an incident with their vehicle, as part of a multi-agency team. Individual Overhead resources respond to fill a specific role for an incident, such as Safety Officer or Line Emergency Medical Technician (EMT).

Upon return from an incident, reimbursement paperwork and invoices are submitted to Cal-OES. The Fire Department recently received reimbursement payments for the Emerald Fire for $42,620.67, and the Crooks Fire for $149,895.47. Staff is requesting that funds be appropriated into the appropriate expenditure accounts for Fiscal Year 2022-2023. The additional funds will reimburse Fire Department overtime and travel expenditures incurred during these incidents.

Staff recommends acceptance of revenue and appropriation of expenditures as follows:

Cal-OES reimbursements (revenue account 100.3024.48212.xxxxx):
$ 42,620.67 .40290 - Emerald Fire
149,895.47 .40297 - Crooks Fire
$ 192,516.14
Overtime-Safety (expenditure account 100.3024.50221.xxxxx):
$ 42,620.67 .40290 - Emerald Fire
147,848.45 .40297 - Crooks Fire
$ 190,469.12
Strike Team (expenditure account 100.3024.53860.xxxxx):
$ 2,047.02 .40297 - Crooks Fire

7. ATTACHMENTS
· None
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66 Agenda Item
City Council
Item #: 3.7. 8/9/2022 File #: 22-0455
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $192,516.14 in State of California Office of Emergency Services funding received.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $192,516.14 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 $190,469.12 into the expenditure account numbers for Overtime -Safety as specified in Section 6 of the staff report.

3. Authorize the appropriation of $2,047.02 into the expenditure account numbers for Strike Team Expenditures as specified in Section 6 of the staff report.

4. FISCAL IMPACT
The total appropriations for this reimbursement are funded by the additional revenue received from the State of California Office of Emergency Services.

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

Strike team deployments involve an Engine Company, or a Battalion Chief, or a Deputy Chief responding to an incident with their vehicle, as part of a multi-agency team. Individual Overhead City of Orange Printed on 8/4/2022Page 1 of 2
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responding to an incident with their vehicle, as part of a multi-agency team. Individual Overhead resources respond to fill a specific role for an incident, such as Safety Officer or Line Emergency Medical Technician (EMT).

Staff recommends acceptance of revenue and appropriation of expenditures as follows:

7. ATTACHMENTS
· None
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68 Agenda Item
City Council
Item #: 3.8. 8/9/2022 File #: 22-0456
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $25,748 in designated continuing education funding received from the Rancho Santiago Community College District.

2. SUMMARY
Rancho Santiago Community College District (Santa Ana College) partners with the Orange City Fire Department to provide reimbursement for mandatory training hours performed by staff. Staff is requesting acceptance of $25,748 in revenue and its appropriation into the Fiscal Year 2022-2023 budget.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $25,748 in continuing education funds from Rancho Santiago Community College District into revenue account number 100.3023.48210.20234, General Fund - Santa Ana College Fire Training.

2. Authorize the appropriation of $25,748 into expenditure account number 100.3023.51840.20234, General Fund - Santa Ana College Fire Training.

4. FISCAL IMPACT
The total appropriation for this reimbursement is funded by the additional revenue received from the Rancho Santiago Community College District.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a. Analyze future fiscal needs and potential revenue opportunities.

6. DISCUSSION AND BACKGROUND
The Orange City Fire Department (Fire Department) safety personnel are required to attend a minimum of 20 hours of training per month. Training is directed either by outside subject matter experts, or by Fire Deparmtent captains who have obtained 1A or 1B certification.

Rancho Santiago Community College District, Santa Ana College (College), receives state funds to administer this training and can redirect a portion of the funds to fire departments that enroll their personnel as students at the College. The Fire Department is a party to an agreement whereby the College pays the Department $3.50 per firefighter for each hour of training the firefighter attends.

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Such funds may be used for Fire Department training expenses and other operational needs.

Training curriculum sponsored by the College is chosen based on the guidelines set forth by the California Community Colleges Chancellor’s Office (CCCCO). Curriculum is divided into several different courses that are required by Cal-OSHA and designed for large group instruction. The Fire Department utilizes subject matter experts to conduct the training to address the required material.

Training hours are recorded and the total number of hours are then calculated each semester by the Fire Department’s Training Captain and submitted as an invoice to the College.

Funds received from the College give the Fire Department the ability to pay for outside instructors when the department does not have a subject matter expert for required training. They also fund improved training aids, books, materials and equipment, as well as assisting with other operational needs beyond the Fire Department’s available fiscal year budget.

The Fire Department recently received a check for $25,748 from Rancho Santiago Community College District, which need to be appropriated into the Fire Department’s budget.

7. ATTACHMENTS
· Standard Inter-Agency Instructional Services Agreement.

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70 Agenda Item
City Council
Item #: 3.8. 8/9/2022 File #: 22-0456
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $25,748 in designated continuing education funding received from the Rancho Santiago Community College District.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $25,748 in continuing education funds from Rancho Santiago Community College District into revenue account number 100.3023.48210.20234, General Fund - Santa Ana College Fire Training.

2. Authorize the appropriation of $25,748 into expenditure account number 100.3023.51840.20234, General Fund - Santa Ana College Fire Training.

4. FISCAL IMPACT
The total appropriation for this reimbursement is funded by the additional revenue received from the Rancho Santiago Community College District.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a. Analyze future fiscal needs and potential revenue opportunities.

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Such funds may be used for Fire Department training expenses and other operational needs.

Training hours are recorded and the total number of hours are then calculated each semester by the Fire Department’s Training Captain and submitted as an invoice to the College.

The Fire Department recently received a check for $25,748 from Rancho Santiago Community College District, which need to be appropriated into the Fire Department’s budget.

7. ATTACHMENTS
· Standard Inter-Agency Instructional Services Agreement.

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82 Agenda Item
City Council
Item #: 3.9. 8/9/2022 File #: 22-0448
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Acceptance and appropriation of $10,000 in American Recovery Act Program funding for Meal Gap Services.

2. SUMMARY
Staff is recommending the acceptance and appropriation of $10,000 in American Recovery Act Program funding received through the County of Orange for expenses to implement a fresh fruit and vegetable donation program for unhoused individuals experiencing food insecurity as a result of the COVID-19 pandemic.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $10,000 in American Recovery Act Program Funding from the County of Orange, into revenue account 550.7011.45150.30207, Reimbursable Capital Projects - Federal Grant Revenue.

2. Authorize the appropriation of $10,000 to 550.7011.56510.30207, CIP-Other Capital Outlay- Meal Gap FY 23.

4. FISCAL IMPACT
The total appropriations for this program are funded by the revenue received from the American Recovery Act Program distributed by the County of Orange.

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

Goal 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
Background
In June 2020, the City received $229,825 through Orange County Supervisor, Don Wagner via the Coronavirus Relief Fund for the Senior Meal Gap program (SMGP). Using a voucher program, over 350 Orange seniors received $500 in vouchers to local restaurants for delivered meals and grocery City of Orange Printed on 8/4/2022Page 1 of 2
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350 Orange seniors received $500 in vouchers to local restaurants for delivered meals and grocery stores. The Orange Senior Center/Orange Elderly Service (OES) was also able to expand its Meals on Wheels (MOW) program to provide meals on the weekends for its MOW participants.

On May 25, 2021, Supervisor Wagner’s Office notified the City that the Board of Supervisors approved $10 million ($2 million per District) from the American Recovery Act Program funding for an expanded food/meal gap program for seniors, persons with disabilities, and other individuals experiencing food insecurities as a result of the COVID-19 pandemic. Supervisor Wagner once again remitted his District 3 funds directly to the cities in his District, including the City of Orange. The City’sshare of these funds was $459,659. The City used the second round of funding to address food insecurities among seniors, families, and persons with disabilities. Together with OES and the Friendly Center, the City was able to distribute grocery store gift cards in the amount up to $1,000 to over 600 program recipients.

Discussion
Orange County Supervisor Katarina Foley recently informed the City that her office had remaining funding for Meal Gap Programs. Staff submitted a proposal to the Supervisor’sOffice for a third Meal Gap Program that would assist in meal distribution in services of the 517 W. Struck Transition Plan.

As presented to the Supervisor, the City is partnering with the local nonprofit Abound Food Care to provide two hot meals a day (breakfast and lunch) Monday through Saturday, for the unsheltered population as part of the 517 W. Struck Transition Plan. The meals provided are consistent with the United States Department of Agriculture (USDA) “MyPlate”guidelines to ensure that recipients receive optimal nutrition from the meals distributed. Abound Food Care also offers medically tailored meals with dietary restrictions.

Orange Home Grown Foundation (OHG) is an Orange-based nonprofit that focuses on bringing locally grown, nutrient-dense food to the community. As part of their organization, OHG operates a local Certified Farmers and Artisans Market in Orange every Saturday. Historically, OHG has worked with local food banks and non-profits to provide fresh fruits and vegetables to populations in needs, including those experiencing homelessness. With the available meal gap funding, the City proposes utilizing the funds to secure fresh fruits and vegetables from OHG’sFarmers Market and donate these to Abound Food Care for the current meal program.

Supervisor Foley’sOffice notified staff that the Supervisor would fund $10,000 towards the proposed program. Staff estimates that Abound Food Care can use the donated produce to assist with the preparation of approximately 1,000 meals in support of the 517 W. Struck Transition Plan. The City Manager executed an agreement with the County for receipt of these funds on July 14, 2022.

7. ATTACHMENTS
· Subrecipient Agreement for Revenue Loss American Rescue Plan Act Funding City of Orange Printed on 8/4/2022Page 2 of 2
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84 Agenda Item
City Council
Item #: 3.9. 8/9/2022 File #: 22-0448
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Acceptance and appropriation of $10,000 in American Recovery Act Program funding for Meal Gap Services.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $10,000 in American Recovery Act Program Funding from the County of Orange, into revenue account 550.7011.45150.30207, Reimbursable Capital Projects - Federal Grant Revenue.

2. Authorize the appropriation of $10,000 to 550.7011.56510.30207, CIP-Other Capital Outlay- Meal Gap FY 23.

4. FISCAL IMPACT
The total appropriations for this program are funded by the revenue received from the American Recovery Act Program distributed by the County of Orange.

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

Goal 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
Background
In June 2020, the City received $229,825 through Orange County Supervisor, Don Wagner via the Coronavirus Relief Fund for the Senior Meal Gap program (SMGP). Using a voucher program, over 350 Orange seniors received $500 in vouchers to local restaurants for delivered meals and grocery City of Orange Printed on 8/4/2022Page 1 of 2
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85 Item #: 3.9. 8/9/2022 File #: 22-0448
350 Orange seniors received $500 in vouchers to local restaurants for delivered meals and grocery stores. The Orange Senior Center/Orange Elderly Service (OES) was also able to expand its Meals on Wheels (MOW) program to provide meals on the weekends for its MOW participants.

7. ATTACHMENTS
· Subrecipient Agreement for Revenue Loss American Rescue Plan Act Funding City of Orange Printed on 8/4/2022Page 2 of 2
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MA-012-23010034

SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF ORANGE

AND CITY OF ORANGE FOR REVENUE LOSS AMERICAN RESCUE PLAN

ACT FUNDING

This Subrecipient Agreement (the “Agreement”) is made and e ntered into by and between the County of Orange, a political subdivision of the State of California, hereinafter referred to as “County,” and City of Orange , a California municipal corporation, hereafter referred to as “ Subrecipient,” with the County and Subrecipient referred to as “Party,” or collectively as “Parties.” WHEREAS, on February 26, 2020, the County Health Officer declared a local health emergency based on an imminent and proximate threat to public health from the introduction of a novel coronavirus (named “COVID-19”) in Orange County (the “COVID-19 Emergency”); and
WHEREAS, on March 2, 2020, the Board of Supervisors adopted Resolution No. 2020-11 ratifying the local health emergency declared by the County’s Health Officer; and
WHEREAS, on March 4, 2020, the Governor of the State of California declared a State of Emergency to exist in California as a result of the threat of COVID-19; and
WHEREAS, on March 13, 2020, the President of the United States issued a Proclamation on Declaring a National Emergency Concerning the COVID-19 Outbreak; and
WHEREAS, the American Rescue Plan Act (ARPA) was passed by Congress and signed into law by the President of the United States on March 11, 2021; and WHEREAS, the ARPA distributed more than $360 billion in emergency funding for state, local, territorial, and Tribal governments with the County receiving a total of $616.8 million in two equal allocations of Coronavirus State and Local Fiscal Recovery Funds; and
WHERAS, the ARPA provides that payments from the Coronavirus State and Local Fiscal Recovery Funds may be used for revenue replacement for the provision of government services, COVID-19 expenditures or negative economic impacts of COVID-19, premium pay for essential workers, and investments in water, sewer, and broadband infrastructure for the State or local government; and were incurred during the period that begins on March 3, 2021, and ends on December 30, 2024; and
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WHEREAS, the United States Department of Treasury released its Interim Final Rule to implement the Coronavirus State and Local Fiscal Recovery Fund established under the American Rescue Plan Act, which states that food assistance to households or populations facing negative economic impacts due to COVID-19 is an eligible use of Coronavirus State and Local Fiscal Recovery Funds, and that a recipient may presume a household or population that experienced increased food insecurity or is low- or moderate-income experienced negative economic impacts resulting from the pandemic; and
WHEREAS, on Apr il 27, 2021, the Orange County Board of Supervisors allocated $10 million in American Rescue Plan Act of 2021 (ARPA), H.R. 1319 dollars equally between the five supervisorial districts for meal gap support initiatives in response to COVID-19; and
WHEREAS, pursuant to the authority delegated by the Orange County Board of Supervisors, a share will be distributed to each city located in District 2 based on overall district population; and
WHEREAS, in order to provide meals to those facing food insecurities in the Second District due to the COVID -19 public health emergency, the Parties have agreed that the County shall transfer the grant amount described herein to Subrecipient.

NOW, THEREFORE, the Parties mutually agree as follows:

1. TERM OF AGREEMENT. The term of this Agreement begins on the date when fully executed by the Parties, and terminates on December 31 2022 , or when all of the Parties’ obligations under this Agreement are fully satisfied, whichever occurs earlier.

2. USE OF GRANT AMOUNT.
a. The grant funds provided are federal funds and subject to the Single Audit Act of 1984. The following information is provided in accordance with the Single Audit Act.

Award Amount Up to $10,000
Awarding County Agency OC Community Resources
County Contact Information Renee Ramirez
CFDA #/Name 21.027 / Coronavirus State and Local Fiscal Recovery Funds
Awarding Federal Agency US Treasury Department
Indirect Cost Rate 10% MTDC or Federally Approved Rate

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b. Subrecipient shall use the grant amount provided under this Agreement to provide for food insecurities : (1) are necessary expenditures incurred due to the public health emergency with respect to COVID-19; and (2) were incurred during the period that begins on the date the Agreement is fully executed and ends on December 31, 2022.
b. The term “Eligible Expenses,” as used in this Agreement, shall mean expenses incurred and paid for by Subrecipient for the provision of providing food/meal gap programs to clients with insecurities due to the Covid -19 pandemic located in the Second District in connection with the COVID -19 public health emergency. Eligible expenses may include improvements to or building of community gardens in neighborhoods or schools to cover supplies, plantings of vegetables and fruits, and waivers of community garden plot stipends. Eligible expenses may also include planting of fruit trees like orange, lemon, lime or apples in low income Covid impacted neighborhoods and parks.
c. The following is a nonexclusive list of expenditures that shall not constitute Eligible Expenses payable from the grant amount:
(1) Damages covered by insurance.
(2) Expenses that have been or will be reimbursed under any local, state or federal program, such as the reimbursement by the federal government pursuant to the CARES Act of
contributions by States to State unemployment funds.
(3) Reimbursement to donors for donated items or services. (4) Workforce bonuses other than hazard pay or overtime. (5) Severance pay.
(6) Legal settlements.
d. Indirect costs may not exceed 10% of the modified total direct costs per 2 CFR section 200.68 or the federally approved indirect cost rate, if applicable.
e. Subrecipient must utilize the grant amount in accordance with all Federal and State laws, including but not limited to the American Rescue Plan Act of 2021 (ARPA), codified at 42 U.S.C. § 802, et seq., and all applicable regulations and guidelines implementing ARPA, including the regulations DocuSign Envelope ID: 8CA80AC8-65CD-4557-BDCF-E855C3C8AA1D 89

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issued by the Department of Treasury at 31 CFR Part 35 regarding costs that are payable from Coronavirus State and Fiscal Recovery Funds.

3. PAYMENT OF GRANT AMOUNT
a. The County will issue a one-time payment to the Subrecipient in the amount of $10,000 within 10 business days of the full execution of this Agreement. All of Subrecipient’s expenditures of the grant amount must be for costs as described in Paragraph 2 of this Agreement. The grant amount represents the amount allocated to Subrecipient.
b. It is und erstood that the County makes no commitment to fund this Agreement beyond the terms set forth herein.
c. Subrecipient will provide the County invoices and receipts as proof of eligible expenses within 14 working days of expending the full $10,000, or the final amount spent.
d. If Subrecipient has not spent any portion of the grant amount it has received under this Agreement to cover Eligible Expenses by December 31, 2022 , Subrecipient shall return to the County by January 15, 2023 the amount remaining unspent as of December 31, 2022.

4. STATUTES AND REGULATIONS APPLICABLE TO GRANT .

Subrecipient must comply with all applicable requirements of State, Federal, and County of Orange laws, executive orders, regulations, program and administrative requirements, pol icies and any other requirements governing this Agreement.

Subrecipient must comply with applicable State and Federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. Subrecipient must comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to:
a. Office of Management and Budget (OMB) Guidance.

Subrecipient must comply with the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards per 2 CFR Part 200 (the “Uniform Guidance”).
b. Single Audit Act. Since Federal funds are used in the performance of this Agreement, Subrecipient must, as a pplicable, adhere to the rules and regulations of the Single Audit Act (31 USC Sec. 7501 et seq.), OMB Circular A-133 and any administrative regulation or field memo randa implementing the Act.

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c. Political Activity Prohibited . None of the funds, materials, property or services provided directly or indirectly under this Agreement may be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Funds provided under this Agreement may not be used for any purpose designed to support or defeat any pending legislation or administrative regulation.

5. COMPLIANCE WITH GRANT REQUIREMENTS . Grant funds
awarded must be used solely for the purposes identified in Paragraph 2 of this Agreement. In accordance with P aragraph 11, Subrecipient agrees to indemnify , defend, and hold harmless the County of Orange for any sums the State or Federal government contends or determines Subrecipient used in violation of this Agreement.

Subrecipient shall immediately return to the County any funds the County or any responsible State o r Federal agency, including the Department of Treasury, determines the Subrec ipient has used in a manner that is inconsistent with Paragraph 2 of this Agreement. The provisions of this paragraph shall survive termination of this Agreement.

6. REPORTS.
a. Progress Report. On November 30, 2022 , Subrecipient shall provide a report to the County that shall: (1) identify the Eligible Expenses paid from the grant amount; (2) demonstrate how Subrecipient used the grant amount consistent with the use requirements of Paragraph 2; and (4) identify the balance of the grant amount that Subrecipient has not spent. b. Final Report. Upon the earlier of Subrecipient’s expenditure of the balance of the grant amount or January 15, 2023, Subrecipient shall provide a report to the County that shall: (1) identify the Eligible Expenses paid from the grant amount; (2) demonstrate how Subrecipient used the grant amount consistent with the use requirements of Paragraph 2; and (3) identify the balance of the grant amount that Subrecipient has not spent, if any. c. The Subrecipient shall provide a certification signed by its City Manager or desginee with each report required under this Paragraph 6 that the statements contained in the report are true and that the expenditures decribed in the report comply with the uses permitted under Paragraph 2. d. Subrecepient shall maintain supporting documentation for the reports required by this Paragraph 6 consistent with the requirements of Paragraph 7.

7. RECORDS MAINTENANCE. Records, in their original form, must be maintained in accordance with requirements prescribed by the County with respect DocuSign Envelope ID: 8CA80AC8-65CD-4557-BDCF-E855C3C8AA1D 91

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to all matters specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records must be retained for a period of four (4) years after termination of this Agreement and after final disposition of all pending matters. “Pending matters” include, but are not limited to, an audit, litigation or other actions involving records. Records, in their original form pertaining to matters covered by this Agreement, must at all times be retained within the County of Orange unless authorization to remove them is granted i n writing by the County.

8. RECORDS INSPECTION. At any time during normal business hours and as often as either the County, Inspector General acting pursuant to the Inspector General Act of 1978 , or the Auditor General of the State of California may deem necessary, Subrecipient must make available for examination all of its records with respect to all matters covered by this Agreement. The County, Inspector General, and the Auditor General of the S tate of California each have the authority to audit, examine and make excerpts or transcripts from records, including all Subrecipient's invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Subrecipient agrees to provide any reports requested by the County regarding performance of this Agreement. With respect to inspection of Subrecipient’s records, the County may require that Subrecipient provide supporting document ation to substantiate Subrecipient’s expenses with respect to the Subrecipient’s use or expenditure of the grant amount.

9. INDEPENDENT CONTRACTOR. The Subrecipient shall be considered an independent contractor and neither the Subrecipient, its employees, nor anyone working under the Subrecipient shall be considered an agent or an employee of County. Neither the Subrecipient, its employees nor anyone working under the Subrecipient shall qualify for workers’ compensation or other fringe benefits of any kind through County.

10. PERMITS, LICENSES, APPROVALS, AND LEGAL OBLIGATIONS.

Subrecipient shall be responsible for obtaining any and all permits, licenses, and approvals required for performing any work under this Agreement. Subrecipient shall be responsible for observing and complying with any applicable Federal, State, or local laws, or rules or regulations affecting any such work. Subrecipient shall provide copies of permits and approvals to the County upon request.

11. INDEMNITY. The Subrecipient agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees and agents and those special districts and agencies which County’s Board of Supervisors acts as the governing Board harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the Subrecipient’s receipt of the grant DocuSign Envelope ID: 8CA80AC8-65CD-4557-BDCF-E855C3C8AA1D 92

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amount under this Agreement, including any claims that the grant amount paid by the County under this Agreement was not used consistent with the restrictions set forth in Section 2.b above . The provisions of this paragraph shall survive the termination of this Agreement.

12. NOTICES. Any and all notices, requests , demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid.

Subrecipient:

City Manager
City of Orange
300 E. Chapman Ave.

Orange, CA 92866

County:

Renee Ramirez
County of Orange
OC Community Services
1300 S. Grand, Bldg. B
Santa Ana, CA 92705

13. DEFAULTS. Should either Party fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the non-breaching Party reserves the right to terminate the Agreement, reserving all rights under State and Federal law.

14. ATTORNEY FEES. In any action or proceeding to enforce or interpret any provision of this Agreement, each Party shall bear its own attorney’s fees, costs, and expenses.

15. ENTIRE CONTRACT: This Agreement contains the entire contract between the Parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on the parties unless authorized by the Parties in writing.

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16. AMENDMENTS. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year dated below.

BY: DATED:

Mary Binning, City Attorney
City of Orange

BY: DATED:

Will Kolbow
Assistant City Manager
City of Orange

BY: DATED:

Dylan Wright, Director
OC Community Resources

APPROVED AS TO FORM:

Office of the County Counsel
County of Orange, California

BY:____________________________
Deputy

DATED:________________________

DocuSign Envelope ID: 8CA80AC8-65CD-4557-BDCF-E855C3C8AA1D 7/14/2022
7/14/2022
7/14/2022
7/14/2022
94 Agenda Item
City Council
Item #: 3.10. 8/9/2022 File #: 22-0440
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Cannon Street at Serrano Avenue Intersection Improvements (SP-4086); and authorization to advertise for bids.

2. SUMMARY
Plans and specifications have been completed and the project is ready to be advertised for bids. The total estimated construction cost including contingencies and construction engineering is $842,419.

3. RECOMMENDED ACTION
Approve the plans and specifications and authorize advertising for Bid No. 22-23.05.

4. FISCAL IMPACT
The total expenditure for this project is $842,419 and will be funded in Cannon & Serrano Intersection Modification (20383) through:

Transportation System Improvement Program - Citywide (287) $210,605 Reimbursable Capital Projects (550) 631,814
Total: $842,419

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

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

6. DISCUSSION AND BACKGROUND
The Cannon Street and Serrano Avenue intersection is a critical intersection as identified in the City of Orange General Plan adopted by the City Council on March 9, 2010. This project will widen the southeast quadrant of the intersection and a short stretch on the north side of Serrano Avenue, just east of the intersection to accommodate vehicular traffic, and pedestrian and equestrian access.

The project will add a second dedicated right-turn lane from northbound Cannon Street to eastbound Serrano Avenue to help ease congestion at this intersection. The City Council approved preliminary project plans and MND 1867-19 on June 8, 2021. Final plans and specifications have now been City of Orange Printed on 8/4/2022Page 1 of 2
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completed and the project is ready to be advertised for bids.

The project is being partly funded through the competitive Comprehensive Transportation Funding Program for Intersection Capacity Enhancement (CTFP-ICE) as administered through the Orange County Transportation Authority (OCTA). The City has been approved for $631,814 from the program for construction funds for the project.

The improvements of the intersection will include the construction of new asphalt, concrete curb, gutters, sidewalks, wooden fence, installation of a water quality structure (Filterra Unit), modification of the existing traffic signal, existing pavement rehabilitation, signing and striping.

The total estimated construction cost, including 15% for contingencies and construction engineering is $842,419. Construction is anticipated to commence in early 2023 and is expected to be completed in ninety (90) calendar days.

7. ATTACHMENTS
· Location Map
City of Orange Printed on 8/4/2022Page 2 of 2
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96 Agenda Item
City Council
Item #: 3.10. 8/9/2022 File #: 22-0440
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Cannon Street at Serrano Avenue Intersection Improvements (SP-4086); and authorization to advertise for bids.

3. RECOMMENDED ACTION
Approve the plans and specifications and authorize advertising for Bid No. 22-23.05.

4. FISCAL IMPACT
The total expenditure for this project is $842,419 and will be funded in Cannon & Serrano Intersection Modification (20383) through:

Transportation System Improvement Program - Citywide (287) $210,605 Reimbursable Capital Projects (550) 631,814
Total: $842,419

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

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

The project will add a second dedicated right-turn lane from northbound Cannon Street to eastbound Serrano Avenue to help ease congestion at this intersection. The City Council approved preliminary project plans and MND 1867-19 on June 8, 2021. Final plans and specifications have now been City of Orange Printed on 8/4/2022Page 1 of 2
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completed and the project is ready to be advertised for bids.

7. ATTACHMENTS
· Location Map
City of Orange Printed on 8/4/2022Page 2 of 2
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98 5/24/2021, 6:04:32 PM
IArcGIS Web Map
0 0.1 0.20.05 mi
Cannon Street and Serrano Avenue Intersection
Modification Project (SP-4086)
99 Agenda Item
City Council
Item #: 3.11. 8/9/2022 File #: 22-0473
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for the Orange Library Interior Rehabilitation Project, and authorization to advertise for bids.

2. SUMMARY
Plans and specifications have been completed and the project is ready to advertise for bids. The total estimated cost is $766,500, which includes 15% contingency and construction management.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for Bid No. 22-23.08.

4. FISCAL IMPACT
The estimated expenditure for this project is $766,500 and will be funded through:

Main Library Facility Improvements (20461) Capital Projects (500) $290,000 Library Facility Fees (573) 140,000
Major Bldg. Impr. (725) 16,500
Taft Library Facility Improvements (20462) Library Facility Fees (573) 155,000 El Modena Library Facility Improv. (20463) Capital Projects (500) 10,000 Library Facility Fees (573) 155,000
Total: $766,500

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

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

6. DISCUSSION AND BACKGROUND
The Orange Library Interior Rehabilitation Project will improve all three library facilities: Main Library, Taft Branch Library, and El Modena Library. The most recent interior improvements were completed over ten years ago when the Main Library underwent major rehabilitation. Both branch location interior improvements date even further back. Project improvements include new carpeting and interior painting at all facilities, with color palette selected by Library and Public Works staff. Other improvements include new bathroom fixtures at all libraries and soundproofing at Main Library and El City of Orange Printed on 8/4/2022Page 1 of 2
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improvements include new bathroom fixtures at all libraries and soundproofing at Main Library and El Modena Branch Library. The projected costs also include extensive preparation work due to the tall ceilings, removal of ceiling sculptures, and the necessity to temporarily move the rows of book shelving.

This project is scheduled to begin in December 2022, leveraging the holiday period to minimize the impact to the public.

The proposed project is categorically exempt from the provisions of the California Quality Act (CEQA) under CEQA guidelines Section 15301 “Existing Facilities” Class 1(c). The Notice of exemption will be filed with the County Recorder’s Office upon Council’s approval of the plans and specifications.

Specifications and cost estimate are available for review through the Public Works Department.

7. ATTACHMENTS
· None
City of Orange Printed on 8/4/2022Page 2 of 2
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101
Agenda Item
City Council
Item #: 3.11. 8/9/2022 File #: 22-0473
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for the Orange Library Interior Rehabilitation Project, and authorization to advertise for bids.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for Bid No. 22-23.08.

4. FISCAL IMPACT
The estimated expenditure for this project is $766,500 and will be funded through:

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

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

6. DISCUSSION AND BACKGROUND
The Orange Library Interior Rehabilitation Project will improve all three library facilities: Main Library, Taft Branch Library, and El Modena Library. The most recent interior improvements were completed over ten years ago when the Main Library underwent major rehabilitation. Both branch location interior improvements date even further back. Project improvements include new carpeting and interior painting at all facilities, with color palette selected by Library and Public Works staff. Other improvements include new bathroom fixtures at all libraries and soundproofing at Main Library and El City of Orange Printed on 8/4/2022Page 1 of 2
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Item #: 3.11. 8/9/2022 File #: 22-0473
improvements include new bathroom fixtures at all libraries and soundproofing at Main Library and El Modena Branch Library. The projected costs also include extensive preparation work due to the tall ceilings, removal of ceiling sculptures, and the necessity to temporarily move the rows of book shelving.

This project is scheduled to begin in December 2022, leveraging the holiday period to minimize the impact to the public.

Specifications and cost estimate are available for review through the Public Works Department.

7. ATTACHMENTS
· None
City of Orange Printed on 8/4/2022Page 2 of 2
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103
Agenda Item
City Council
Item #: 3.12. 8/9/2022 File #: 22-0474
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Gary A. Sheatz, City Attorney

1. SUBJECT
Claims for Damages.

2. SUMMARY
Seven claims have been received and investigated by the City Attorney’s Office and/or the Risk Manager with the involved departments.

3. RECOMMENDED ACTION
Deny the following claims and refer to City Attorney and Claims Adjuster:

1. Immanuel Lutheran Church

2. Andrew Moser

3. Carlos De Brito

4. Canyon Glen Community Association

5. Jeff McCleary

6. Southern California Edison

7. Mercury Insurance a/s/o Kenya Avila

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND

1. Claim for damages from Immanuel Lutheran Church alleging property damage to driveway apron due to City tree roots.

2. Claim for damages from Andrew Moser alleging property damage to Claimant’svehicle’stire when Claimant drove over a pothole.

3. Claim for damages from Carlos De Brito alleging property damage to Claimant’svehicle when Claimant drove over a manhole.

4. Claim for reimbursement of water charges from Canyon Glen Community Association.

5. Claim for damages from Jeff McCleary alleging property damage to driveway due to City tree roots.

6. Claim for damages from Southern California Edison alleging property damage when a City City of Orange Printed on 8/4/2022Page 1 of 2
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vehicle drove over an electrical splice box lid.

7. Claim for excess liability from Mercury Insurance a/s/o Kenya Avila alleging insured, a County of Orange employee, was in a traffic collision while performing work duties.

7. ATTACHMENTS
· None.

City of Orange Printed on 8/4/2022Page 2 of 2
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105
Agenda Item
City Council
Item #: 3.12. 8/9/2022 File #: 22-0474
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Gary A. Sheatz, City Attorney

1. SUBJECT
Claims for Damages.

2. SUMMARY
Seven claims have been received and investigated by the City Attorney’s Office and/or the Risk Manager with the involved departments.

3. RECOMMENDED ACTION
Deny the following claims and refer to City Attorney and Claims Adjuster:

1. Immanuel Lutheran Church

2. Andrew Moser

3. Carlos De Brito

4. Canyon Glen Community Association

5. Jeff McCleary

6. Southern California Edison

7. Mercury Insurance a/s/o Kenya Avila

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND

1. Claim for damages from Immanuel Lutheran Church alleging property damage to driveway apron due to City tree roots.

2. Claim for damages from Andrew Moser alleging property damage to Claimant’svehicle’stire when Claimant drove over a pothole.

3. Claim for damages from Carlos De Brito alleging property damage to Claimant’svehicle when Claimant drove over a manhole.

4. Claim for reimbursement of water charges from Canyon Glen Community Association.

5. Claim for damages from Jeff McCleary alleging property damage to driveway due to City tree roots.

6. Claim for damages from Southern California Edison alleging property damage when a City City of Orange Printed on 8/4/2022Page 1 of 2
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vehicle drove over an electrical splice box lid.

7. Claim for excess liability from Mercury Insurance a/s/o Kenya Avila alleging insured, a County of Orange employee, was in a traffic collision while performing work duties.

7. ATTACHMENTS
· None.

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107
Agenda Item
City Council
Item #: 3.13. 8/9/2022 File #: 22-0399
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to Crosstown Electrical & Data, Inc. for Tustin Street at La Veta Avenue - Rock Creek Drive Signal Modification; Bid No. 22-23.02.

2. SUMMARY
Bids for the Tustin Street at La Veta Avenue - Rock Creek Drive Signal Modification (SP-4042) were received and opened on July 21, 2022. Five bidders responded to the notice inviting bids. The apparent low bidder is Crosstown Electrical & Data, Inc. of Irwindale, California in the amount of $104,678.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $20,000 from the Fund 287 (TSIP Citywide) unreserved fund balance to expenditure account 287.5032.56100.20351, CIP-Tustin & La Veta Traffic Signal Upgrade.

4. FISCAL IMPACT
The total expenditure for this contract, including the 10% contingency, is $115,145.80 and will be funded in Tustin & La Veta Traffic Signal Upgrade (20351) through TSIP Citywide (287).

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

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

6. DISCUSSION AND BACKGROUND
This project will provide traffic signal upgrades at Tustin Street and La Veta Avenue - Rock Creek Drive. The improvements will upgrade aging equipment including the video detection system, traffic signal controller and cabinet, luminaires, and replacing internally illuminated street name signs.

The City Council previously approved an advertisement for bids on June 14, 2022. The bid City of Orange Printed on 8/4/2022Page 1 of 2
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The City Council previously approved an advertisement for bids on June 14, 2022. The bid solicitation was advertised on June 23, 2022 for a period of four weeks and bids were opened on July 21, 2022. Five bids were received as follows:

1. Crosstown Electrical & Data, Inc. $104,678.00

2. Elecnor Belco Electric, Inc. $117,577.00

3. DBX, Inc. $149,300.00

4. California Professional Engineering, Inc. $157,385.00

5. PTM General Engineering Services, Inc. $184,048.00
The low bid is 4% higher than the Engineer’sEstimate. In today’sclimate, this is attributed to supply- chain challenges and costs for manufacturing traffic signal equipment. Staff checked the references and qualifications for Crosstown Electrical & Data, Inc. and found them to be acceptable, with adequate years of experience in completing contracts of similar nature to this project. Therefore, staff recommends that Crosstown Electrical & Data, Inc. be awarded the contract in the total amount of $115,145.80, representing an original amount of $104,678.00, plus a 10% contingency of $10,467.80 for the Tustin Street at La Veta Avenue - Rock Creek Drive Traffic Signal Modification project.

The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA guidelines Section 15301, Class 1. The Notice of Exemption was filed on April 8, 2022 with the County Recorder’s Office.

In anticipation of the extended lead time to procure traffic signal equipment, construction is scheduled to begin in November 2022 and is expected to be completed within 30 days.

7. ATTACHMENTS
· Bid Abstract
· Contract with Crosstown Electrical & Data, Inc.

City of Orange Printed on 8/4/2022Page 2 of 2
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Agenda Item
City Council
Item #: 3.13. 8/9/2022 File #: 22-0399
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to Crosstown Electrical & Data, Inc. for Tustin Street at La Veta Avenue - Rock Creek Drive Signal Modification; Bid No. 22-23.02.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $20,000 from the Fund 287 (TSIP Citywide) unreserved fund balance to expenditure account 287.5032.56100.20351, CIP-Tustin & La Veta Traffic Signal Upgrade.

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

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

The City Council previously approved an advertisement for bids on June 14, 2022. The bid City of Orange Printed on 8/4/2022Page 1 of 2
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Item #: 3.13. 8/9/2022 File #: 22-0399
The City Council previously approved an advertisement for bids on June 14, 2022. The bid solicitation was advertised on June 23, 2022 for a period of four weeks and bids were opened on July 21, 2022. Five bids were received as follows:

1. Crosstown Electrical & Data, Inc. $104,678.00

2. Elecnor Belco Electric, Inc. $117,577.00

3. DBX, Inc. $149,300.00

4. California Professional Engineering, Inc. $157,385.00

In anticipation of the extended lead time to procure traffic signal equipment, construction is scheduled to begin in November 2022 and is expected to be completed within 30 days.

7. ATTACHMENTS
· Bid Abstract
· Contract with Crosstown Electrical & Data, Inc.

City of Orange Printed on 8/4/2022Page 2 of 2
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City of Orange: Summary of Bid Abstracts for:
1 2 3 4 5
Bid No. 22-23.02; Project No. SP-4042
Date of Bid Opening: 07/21/2022
Tel. No. (626) 813-6693 Tel. No. (805) 984-3421 Tel. No. (626) 810-1338 Tel. No. (626) 813-6693 Tel. No. (310) 669-8949 NO. DESCRIPTION OF WORK QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Traffic Signal Modification 1 LS 100,000.00$ $100,000.00 $104,678.00 $104,678.00 $117,577.00 $117,577.00 $149,300.00 $149,300.00 $157,385.00 $157,385.00 $184,048.00 $184,048.00 $100,000.00 $104,678.00 $117,577.00 $149,300.00 $157,385.00 $184,048.00Grand Total

ENGINEER'S ESTIMATE
Tustin Street at La Veta Avenue - Rock Creek Drive Traffic Signal Modification
Crosstown Electrical & Data,
Inc.

Elecnor Belco Electric, Inc. DBX, Inc. California Professional Engineering, Inc.

PTM General Engineering
Services, Inc.

Page 1 of 1 ends

CONTRACT
Tustin Street at La Veta Avenue – Rock Creek Drive Traffic Signal Modification (Bid No. 22-23.02; SP-4042)

T
HIS CONTRACT (the “Contract”) is made and ente red into as of ______________, 2022 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and CROSSTOWN ELECTRICAL & DATA, INC., a California corporation (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed

a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two bonds presented to City with this Contract and incorporated herein by this reference, Contractor hereby agrees to and shall do all the work and furnish all the labor, materials, tools and equipment, except such as are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in good workmanship and substantial manner the work (the “Work”) described in:

(1) The Construction Plans for Tustin Street at La Veta Avenue – Rock Creek Drive Traffic Signal Modification (Drawing SP-4042) prepared for City by Ruben Perales, approved by the “Engineer” (as defined below) on June 14, 2022, and consisting of sheets numbered 1 through 2, inclusive (the “Plans”);

(2) The latest edition of the "City of Orange Standard Plans and Specifications" (the “Orange Book”) with the term "Engineer," as used in the Orange Book and in this Contract, to specifically include the City Engineer (or designee);

(3) The "Standard Specifications for Public Works Construction ” (the “Greenbook”), and all amendments thereto , except the definition of “Subcontractor” in Section 1.2 (General – Terms and Definitions) of Part 1 (General Provisions) of the Greenbook, which is hereby amended in its entirety to read as follows: “Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor for the performance of a part of the Work;”

(4) The “City of Orange Standard Special Provisions;”

(5) The Standard Plans; and

(6) Contractor’s Bid Proposal , which is on file with City’s Department of Public Works.

b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans is in its possession and is hereby specifically referred to and by such reference made a part hereof. The Orange Book, Greenbook and City of Orange Standard Special Provisions and Standard Plans are on file with City’s Public Works Director and are hereby 113
2 specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges that it has read, reviewed and understands the Plans, the Orange Book, the Greenbook, the Special Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of which documents shall be referred to herein collectively as the “Plans and Specifications.”

c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal Code which requires, among other things, that Contractor utilize City’s exclusive solid waste hauler for the rental of bins for trash and debris removal and imposes mandatory recycling requirements for self-hauled construction and demolition waste. The terms and conditions set forth in this Contract shall control over any terms and conditions in the Plans and Specifications to the contrary.

d. The Work shall be performed in conformity with the Plans and Specificati ons and the Bid Proposal and all applicable laws, including any and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment.

e. Unless and until otherwise notified in writing by City’s Public Works Director, City’s Traffic Engineer, Larry Tay (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City’s Public Works Director may de signate from time to time, that Contractor shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be perform ed to the satisfaction of the Authorized City Representative or City’s Public Works Director.

f. It is expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and Contractor’s Bid Proposal, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid Proposal conflicting herewith.

ARTICLE 2
Commencement of Work

Contractor shall commence the Work provided for in this Contract within fifteen (15) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within thirty (30) calendar days from such date, unless legal extension is granted in accordance with the terms set forth in the Greenbook. Time is of the essence in this Contract.

Contractor shall do all things necessary and incidental to the prosecution of Contractor's Work.

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3 ARTICLE 3
Compensation

a. Contractor agrees to receive and accept an amount not to exceed ONE HUNDRED FOUR THOUSAND SIX HUNDRED SEVENTY-EIGHT DOLLARS and 00/100 ($104,678.00) unless said amount is amended by Contract Change Order approved by the City, as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract.

Said compensation covers (1) all loss or damage arising out of the nature of the Work , from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspensio n or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and acco rding to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.

b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such c ontingencies, the sum of TEN THOUSAND FOUR HUNDRED SIXTY -SEVEN DOLLARS and 80/100 ($ 10,467.80) has been added to the total compensation of this Contract. The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to th e City Attorney . The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to the commencement of such Work or services.

c. The total amount of compensation under this Contract, including contingencies, shall not exceed ONE HUNDRED FIFTEEN THOUSAND ONE HUNDRED FORTY -FIVE DOLLARS and 80/100 ($115,145.80).

ARTICLE 4
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 Contract and that Contractor and subcontractors shall maintain all appro priate licenses, including a City of Orange business license, at its cost, during the performance of this Contract.

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4 ARTICLE 5
Guarantees

a. Contractor guarantees the construction and installation of all Work included in the Plans and Specifications for which Contractor has been awarded this Contract.

b. Should any of the materials or equipment installed pursuant to this Contract prove defective or should the Work as a whole prove defective, due to faulty equipment, workmanship, materials furnished or methods of installations, or should said Work or any part thereof fail to function properly, as designed, due to any of the above causes within twelve (12) months after the date on which said Work is accepted by City, Contractor shall make repairs and furnish such materials and equipment as are necessary to be furnished and installed within fifteen (15) calendar days after the receipt of a demand from City.

c. Said Work will be deemed defective within the meaning of this guarantee in the event that it fails to function as originally intended either by the Plans and Specifications of this Contract or by the manufacturer(s) of the equipment incorporated into the Work.

d. In the event repairs are not made within fifteen (15) calendar days after Contractor's receipt of a demand from City, City shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor. Contractor shall reimburse City, upon demand, for all expenses incurred in restoring said Work to the condition contemplated in this Contract, including the cost of any equipment or materials replaced.

e. It is understood that emergency repairs may, by necessity, be made by City.

Therefore, when defective equipment, materials or workmanship result in emergency repairs by City, Contractor shall reimburse City, upon demand, for all expenses incurred. Emergency repairs will be deemed as those repairs det ermined by City’s Director of Public Works to be necessary due to an immediate detriment to the health, safety, welfare or convenience of the residents of City.

ARTICLE 6
Water Quality

a. The Santa Ana Regional Water Quality Control Board (“RWQCB”) has i ssued National Pollutant Discharge Elimination System (“NPDES”) Permit No. R8 -2009-0030 (the “Permit”), which governs storm water and non -storm water discharges resulting from municipal activities performed by City or its contractors. In order to comply w ith the Permit requirements, the County of Orange has prepared a Drainage Area Management Plan (“DAMP”), containing Model Maintenance Procedures with Best Management Practices (“BMPs”) that City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry -weather urban runoff, storm water runoff, and receiving water quality. Examples include: wash water from cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas.

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5 b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the office of City’s Director of Public Works. Contractor hereby acknowledges that it has read, reviewed and understands the Permit, the DAMP and the Model Maintenance Procedures, as they relate to the Work and hereby shall perform the Work in conformance therewith.

ARTICLE 7
Independent Contractor; Contractor not Agent

a. At all times during the term of this Contract, 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 Contract. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services purs uant to this Contract. 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 Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be cons idered 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.

b. 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.

ARTICLE 8
Public Work; Prevailing Wage

a. The Work which is the subject of this Contract is a “public work,” 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 Contractor, 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 crafts can be located on the website 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.

b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed 117
6 and understands those provisions of the Labor Code and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions.

c. Contractor shall secure the payment of compensation to its employees in accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:

“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

d. Contractor shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, and/or “increase d costs” (including reasonable attorney’s fees, court and litigation costs, and fees of expert witnesses) which result or arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation , any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the W ork which is the subject of this Contract, Contractor shall bear all risks of payment or non -payment of state prevailing wages. “Increased costs” as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time. The foregoing indemnity shall survive termination of this Contract.

ARTICLE 9
Equal Employment Opportunity

During the performance of this Contract, Contractor agrees as follows:

a. Contractor shall not discriminate against any employee or applicant f or 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, wi thout regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor shall post in conspicuous places, available to employees and applicants for emplo yment, 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 fo r employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. 118
7 c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any Work covered by this Contract, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

ARTICLE 10
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 contractor 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. Contractor further agrees that it shall not be eligible to work as the builder for any project for which the design work is part of this Contract.

ARTICLE 11
Indemnity

Contractor shall defend, indemnify and hold harmless City and its officers, officials, agents, and employees from and against:

a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and court costs) which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which shall occur on or adjacent t o the real property which is the subject of this Contract, or in connection with performance of this Contract which may be directly or indirectly caused by the acts or omissions of Contractor or its officers, employees, contractors or agents, or as a conse quence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents, and employees. The foregoing indemnity shall survive termination of this Contract.

b. Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contracto r’s employees or its subcontractor’s employees arising out of Contractor’s Work under this Contract, including any and all claims under any law pertaining to Contractor’s status as an independent contractor.

ARTICLE 12
Insurance

a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Contract.
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8 b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.

(1) General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
project/location or the general aggregate
limit shall be twice the required
occurrence limit.

(2) Automobile Liability $1,000,000 per accident for bodily injury and property damage.

(3) Workers’ Compensation as required by the State of California.

(4) Employer’s Liability $1,000,000 per accident for bodily injury or disease.

c. 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 Contract are sufficient to cover the obligations of Contractor under this Contract.

d. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self - insured retentions with respect to City, its officers, officials, agents and employees; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

e. Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:

(1) City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor (any auto), and with respec t to liability arising out of Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such Work or operations. 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 12.b, above, shall apply to City as an additional insured.

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9 (2) For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance with respect to City, its officers, officials, agents and employees. Any insurance or self-insurance maintained by City, its officers, officials, agents and employees shall be excess of Contractor’s insurance and shall not contribute with it.

(3) Coverage shall not be canceled, except aft er thirty (30) days’ prior written notice has been provided to City.

f. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Article 12. The endorsements shall be on forms acceptable to City. All certificates and endorsements are to be received and approved by City before the Work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

g. All insurance procured and maintained by Contractor shall be issued by insurers 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.

h. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Contract 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.

i. 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 pro viding 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.

The Workers’ C ompensation policy shall be endorsed with a waiver of subrogation in favor of City for all Work performed by Contractor, its employees, agents and subcontractors. Contractor shall obtain any other endorsement that may be necessary to effect this waiver of subrogation.

j. Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein.

ARTICLE 13
Termination

City, acting through its City Manager or designee, reserves the right to terminate this Contract for any reason by giving five (5) days’ written notice of intent to terminate to Contractor.

Upon receipt of notice, Contractor shall immediately cease work , unless the notice provides otherwise. Should City terminate this Contract, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with 121
10 this Contract, unless such termination shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

ARTICLE 14
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 co sts of and completion of services performed under this Contract. During the term of this Contract and for a period of three (3) years after termination or completion of this Contract, City shall have the right to inspect and/or audit Contractor's records pertaining to the performance of this Contract at Contractor's office. Contractor shall 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.

ARTICLE 15
Compliance with Laws

a. Contractor shall be knowledgeable of and comply with all local, state and federal laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by Contractor or any subcontractor hereunder.

b. Contractor represents and warrants that it:

(1) Has complied and shall at all times during the term of this Contract 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 Contract who is ineligible to work in the United States or under the terms of this Contract; and

(3) Has properly maintained, and shall at all times during the term of this Contract 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 Contract 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 Depart ment of Homeland Security, the Department of Labor, or the Social Security Administration.

c. Contractor shall require all subcontractors and/or subconsultants to make the same representations and warranties required by this Article 15 when hired to perform services under this Contract.

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11 d. Contractor shall, upon request of City, provide a list of all employees working under this Contract and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to wo rk 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 Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract.

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

f. Contractor shall indemnify and hold City, its officials 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 Contract.

ARTICLE 16
Governing Law and Venue

This Contract shall be construed in accordance with and governed by the laws of the State of California and Contractor shall submit to the juri sdiction of California courts. Venue for any dispute arising under this Contract shall be in Orange County, California.

ARTICLE 17
Integration and Amendment

a. This Contract constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the Work to be performed under this Contract 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 Contract shall not be compensated.

b. Amendments to this Contract must be in writing and signed by both parties. The City Manager is authorized to execute amendments to this Contract up to the amounts specified in Chapter 3.08 of the Orange Municipal Code.

ARTICLE 18
Notice

Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class 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 rece ipt of same or within three (3) days of 123
12 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”

Crosstown Electrical & Data, Inc. City of Orange
5454 Diaz Street 300 E. Chapman Avenue
Irwindale, CA 91706 Orange, CA 92866-1591

Attn: David Heermance Attn: Larry Tay

Telephone: (626) 813-6693 Telephone: (714) 744-5534 E-Mail: [email protected] E-Mail: [email protected]

ARTICLE 19
Claim Resolution

City and Contractor agree that the claim resolution process applicable to any claim by Contractor in connection with the Work provided herein shall be subject to the procedures set forth in California Public Contract Code Section 9204, attached hereto as Attachment No. 2, and incorporated herein by this reference.

ARTICLE 20
Counterparts

This Contract 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] 124
13 “CITY”

CONTRACT, BONDS AND INSURANCE
APPROVED BY:

Mary E. Binning, Sr. Assistant City Attorney

CITY OF ORANGE, a municipal corporation

By:

Mark A. Murphy
Mayor of the City of Orange

ATTEST:

Pamela Coleman, City Clerk

“CONTRACTOR”

CROSSTOWN ELECTRICAL & DATA, INC.,
a California corporation

[Note: Signature of Chairman of the By:

Board, President or Vice President is Printed Name:
required] Title:

[Note: Signature of Secretary, Assistant By:

Secretary, Chief Financial Officer or Printed Name:

Assistant Treasurer is also required] Title:

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ATTACHMENT NO. 1

CALIFORNIA LABOR CODE
SECTIONS 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815

Section 1725.5. Registration of contractors; mandatory registration; qualifications and application; fees; exempt contractors
A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by Section 1722.1. (a) To qualify for registration under this section, a contractor shall do all of the following:
(1)(A) Register with the Department of Industrial Relations in the manner pr escribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3. (B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual increments up to three years from the date of registration. Contractors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section.

Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgmen t, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determinati on that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
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(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000). (b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section. (3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.
(f) This section does not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Section 1771. Payment of general prevailing rate

Except for publ ic works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.

This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. 127

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Section 1771.1 . Registration as a contractor or subcontractor required prior to bid submission; exceptions; violations; penalties
(a) A contractor or subcontr actor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code , provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) 128

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for e ach day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a f irst time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subco ntractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to in demnify or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions o f Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personall y served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the con tractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decisi on shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 129

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(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Section 1771.4. Additional requirements when bidding and awarding public works contracts

(a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall po st or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776 for at least three years after completion of the work.
(5) The department shall undertake those activities it dee ms necessary to monitor and enforce compliance with prevailing wage requirements.
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(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:
(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011.
(2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages. (c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015.
(d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016.

Section 1775. Penalties for violations

(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
(B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor 131

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or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for ea ch calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontracto r that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. (c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.

Section 1776. Payroll records; retention; inspection; redacted information; agencies entitled to receive nonredacted copies of certified records; noncompliance penalties; rules

(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employe e employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771 , 1811, and 1815 for any work performed by his or her employees on the public works project. 132

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(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor.
(c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the form s provided by the division.

The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provide d in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft -Hartley trust fund ( 29 U.S.C. Sec. 186(c)(5) ) that requests the records for the purposes of allocating contributions t o participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor- management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individua l's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. 133

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(2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.
(g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
(h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectua ted. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(j) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code ) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.

Section 1777.5. Employment of registered apprentices; wages; standards; numbe r; apprenticeable craft or trade; exemptions; contributions; compliance program

(a)(1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examinatio n, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 134

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apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the California Apprenticeship Council. (d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprent iceship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application i n order to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o).
(e) Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.

The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, i f requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the publ ic work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as a bove before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in th e same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator 135

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of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not le ss than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or who has bee n previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1 -to-5 ratio re quired by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contrac t would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individu al applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public wo rks site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2)(A) At the conclusion of the 2002 -03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows:
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(i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship and preapprenticeship standards and requirements under this code. (B) An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the apprenticeship program agrees, prior to the receipt of any grant funds, to keep adequate records that document the expenditure of grant funds and to make all records available to the Department of Industrial Relations so that the Department of Industrial Relations is able to verify that grant funds were used s olely for training apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices, receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Department of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this subdivision.
(C) The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds are expended or if an apprenticeship program is found to be using grant funds for purposes other than training apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of the apprenticeship program.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate th is section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contra ctors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director.

Section 1813. Forfeiture for violations; contract stipulation; report of violations

The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of 137

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the contract by the respective contra ctor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract f or public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement.

Section 1815. Overtime

Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of sa id sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 h ours per day at not less than 1 ½ times the basic rate of pay.
138

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ATTACHMENT NO. 2

CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204

Section 9204. Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process (Eff: January 1, 2017)

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for de lay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Se ction 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 139

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(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the dispu ted portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested , the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that r emains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 140

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(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requ irements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behal f of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontrac tor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section o r a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 141
Agenda Item
City Council
Item #: 3.14. 8/9/2022 File #: 22-0465
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to Delta Electric, LLC for the Replacement of Emergency Generator and Automatic Transfer Switch for Water Division Headquarters Project; Bid No. 21-22.41

2. SUMMARY
Five bids for the Replacement of Emergency Generator and Automatic Transfer Switch were received and opened on July 14, 2022. The apparent low bidder is Delta Electric, LLC of Santa Clarita, CA for $184,000.50.

3. RECOMMENDED ACTION

2. Authorize 10% of the contract amount for contingency purposes.

4. FISCAL IMPACT
The total expenditure for this project is $202,400.55 and will be funded in the Emergency Generator (18925) through the Water Fund (600).

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

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

6. DISCUSSION AND BACKGROUND
The existing emergency generator and automatic transfer switch (ATS) at Water Division Headquarters has reached the end of its useful life and requires extensive maintenance to keep it operational, as replacement parts are not available. To avoid service interruption, replacement of the existing emergency generator and ATS is proposed. The new emergency generator will ensure that electricity is available to run the water distribution computer systems and other essential activities during a power outage.

The Public Works Department has retained Gevork Consulting Engineering, Inc. to complete the City of Orange Printed on 8/4/2022Page 1 of 2
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Item #: 3.14. 8/9/2022 File #: 22-0465
The Public Works Department has retained Gevork Consulting Engineering, Inc. to complete the design of plans and specifications for the replacement of the emergency generator and ATS. The City Council previously approved advertisement for bids on May 10, 2022.

The bids were received and opened on July 14, 2022. Five bidders responded as follows:

CONTRACTOR AMOUNT

1. Delta Electric, LLC $184,000.50

2. Turn Around Communications, Inc. $215,000.00

3. Global Power Group, Inc. $269,224.00

4. Duthie Power Services $392,562.34

5. J. Kim Electric, Inc. $465,000.00
Delta Electric, LLC is the apparent responsive low bidder. Staff conducted reference checks with other agencies including the City of Fontana and the Golden State Water Company. All agencies contacted provided positive feedbacks and good reviews on the performance of Delta Electric, LLC.

Therefore, staff recommends that Delta Electric, LLC be awarded the contract in the amount of $184,000.50, plus a 10% contingency for a total amount of $202,400.55. Construction is expected to be completed within 140 calendar days.

7. ATTACHMENTS
· Location Map
· Contract with Delta Electric, LLC
· Bid Abstract
City of Orange Printed on 8/4/2022Page 2 of 2
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143
Agenda Item
City Council
Item #: 3.14. 8/9/2022 File #: 22-0465
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to Delta Electric, LLC for the Replacement of Emergency Generator and Automatic Transfer Switch for Water Division Headquarters Project; Bid No. 21-22.41

3. RECOMMENDED ACTION

2. Authorize 10% of the contract amount for contingency purposes.

4. FISCAL IMPACT
The total expenditure for this project is $202,400.55 and will be funded in the Emergency Generator (18925) through the Water Fund (600).

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

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

The Public Works Department has retained Gevork Consulting Engineering, Inc. to complete the City of Orange Printed on 8/4/2022Page 1 of 2
powered by Legistar™
144
Item #: 3.14. 8/9/2022 File #: 22-0465
The Public Works Department has retained Gevork Consulting Engineering, Inc. to complete the design of plans and specifications for the replacement of the emergency generator and ATS. The City Council previously approved advertisement for bids on May 10, 2022.

The bids were received and opened on July 14, 2022. Five bidders responded as follows:

CONTRACTOR AMOUNT

1. Delta Electric, LLC $184,000.50

2. Turn Around Communications, Inc. $215,000.00

3. Global Power Group, Inc. $269,224.00

4. Duthie Power Services $392,562.34

7. ATTACHMENTS
· Location Map
· Contract with Delta Electric, LLC
· Bid Abstract
City of Orange Printed on 8/4/2022Page 2 of 2
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145

LOCATION MAP
NTS

REPLACEMENT OF EMERGENCY

GENERATOR AND AUTOMATIC

TRANSFER SWITCH AT WATER
DIVISION HEADQUARTERS (W-718)
N
146
City of Orange: Summary of Bid Abstracts for:
1 2 3 4 5
Bid No. 21-22.41; Project No. W-718
Date of Bid Opening: 7/14/2022
Tel. No. (661)714-7762 Tel. No. (626) 443-2400 Tel. No. (619)579-1221 Tel. No. (562) 790-1772Tel. No. (714) 525-1855 NO. DESCRIPTION OF WORK QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Furnish and install a new 100KW
standby emergency generator,
including applying for and obtaining
required permits, new 225A
automatic transfer switch, pull box,
conduit wire, providing fuel for
required tests (both factory and Fire
Department), and other
miscellaneous improvements as
shown on Plans & called for in
Specifications
1 LS 180,000.00$ $180,000.00 $184,000.50 $184,000.50 $215,000.00 $215,000.00 $269,224.00 $269,224.00 $392,562.34 $392,562.34 $465,000.00 $465,000.00 $180,000.00 $184,000.50 $215,000.00 $269,224.00 $392,562.34 $465,000.00

ENGINEER'S ESTIMATE
Replacement of Emergency Generator and Automatic
Transfer Switch for Water Division Headquarters
Delta Electric, LLC Turn Around Communications,
Inc.

Global Power Group, Inc. Duthie Power Services J. Kim Electric, Inc.

Grand Total

Page 1 of 1 ends

CONTRACT
[Replacement of Emergency Generator and Automatic Transfer Switch for Water Division Headquarters (Bid No. 21-22.41; W-718)]

THIS CONTRACT (the “Contract”) is made and ente red into as of ___ ___________, 2022 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and DELTA ELECTRIC, LLC, a California limited liability company (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed

a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two (2) bonds presented to City with this Contract and incorporated herein by this reference, Contractor hereby agrees to and shall do all the work and furnish all the labor, materials, tools and equipment, except such as are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in good workmanship and substantial manner the work (the “Work”) described in:

(1) The Construction Plans for the Replacement of Emergency Generator and Automatic Transfer Switch for Water Division Headquarters (Bid No. 21-22.41; Drawing W-718) prepared for City by Gevork Consulting Engineering, Inc. and approved by the “Engineer” (as defined herein below) on May 9, 2022, and consisting of sheets numbered T-1 through T-2, E-1 through E-6, S-1 through S-2, inclusive (the “Plans”);

(3) The "Standard Specifications for Public Works Construction ” (the “Greenbook”), and all amendments thereto , except the definition of “Subcontractor” in Section 1.2 (General – Terms and Definitions) of Part 1 (General Provisions) of the Greenbook, which is hereby amended in its entirety to read as follows: “Subcontractor – An individual, firm, or corporation ha ving a direct contract with the Contractor for the performance of a part of the Work;”

(4) The “City of Orange Standard Special Provisions”;

(5) The Technical Specifications;

(6) The Standard Plans; and

(7) Contractor’s Bid Proposal , which is on file with City’s Department of Public Works.

148
2 b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans is in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book, Greenbook and City of Orange Standard Special Provisions and Standard Plans are on file with City’s Public Works Director and are hereby specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges that it has read, reviewed and understands the Plans, the Orange Book, the Greenbook, the Special Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of which documents shall be referred to herein collectively as the “Plans and Specifications.”

c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal Code which requires, among other things, that Contractor utilize City’s exclusive solid waste hauler for the rental of bins f or trash and debris removal and imposes mandatory recycling requirements for self-hauled construction and demolition waste. The terms and conditions set forth in this Contract shall control over any terms and conditions in the Plans and Specifications to the contrary.

d. The Work shall be performed in conformity with the Plans and Specifications and the Bid Proposal and all applicable laws, including any and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment.

e. Unless and u ntil otherwise notified in writing by City’s Public Works Director, City’s Associate Civil Engineer, Ryan Visperas (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City’s Public Works Director may designate from time to time, that Contractor shall coordinate the Wor k hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Public Works Director.

ARTICLE 2
Commencement of Work

Contractor shall commence the Work provided for in this Contract within fifteen (15) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within one hundred and forty (140) calendar days from such date, unless legal extension is granted in accordance with the terms set forth in the Greenbook. Time is of the essence in this Contract. Contractor shall do all things necessary and incidental to the prosecution of Contractor's Work.
149
3 ARTICLE 3
Compensation

a. Contractor agrees to receive and accept an amount not to exceed ONE HUNDRED EIGHTY-FOUR THOUSAND DOLLARS and 50/100 ($ 184,000.50) as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole the reof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.

b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of EIGHTEEN THOUSAND FOUR HUNDRED DOLLARS and 05/100 ($18,400.05) has been added to the total compensation of this Contract. The Authorized City Representa tive may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor , up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney . The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their comp letion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to the commencement of such Work or services.

c. The total amount of compensation under this Contract, including contingencies, shall not exceed TWO HUNDRED TWO THOUSAND FOUR HUNDRED DOLLARS and 55/100 ($202,400.55).

ARTICLE 4
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 Contract and that Contractor and subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Contract.

150
4 ARTICLE 5
Guarantees

a. Contractor guarantees the construction and installation of all Work included in the Plans and Specifications for which Contractor has been awarded this Contract.

b. Should any of the materials or equipment installed pursuant to this Contract prove defective or should the Work as a whole prove defective, due to faulty equipment, workmanship, materials furnished or methods of installations, or should said Work or any part thereof fail to function properly, as designed, due to any of the above causes within twelve (12) months after the date on which said Wor k is accepted by City, Contractor shall make repairs and furnish such materials and equipment as are necessary to be furnished and installed within fifteen (15) calendar days after the receipt of a demand from City.

c. Said Work will be deemed defective w ithin the meaning of this guarantee in the event that it fails to function as originally intended either by the Plans and Specifications of this Contract or by the manufacturer(s) of the equipment incorporated into the Work.

e. It is understood that emergency repairs may, by necessity, be made by City.

Therefore, when defective equipment, materials or workmanship result in emergency repairs by City, Contractor shall reimburse City, upon demand, for all expenses incurred. Emergency repairs will be deemed as those repairs determined by City’s Director of Public Works to be n ecessary due to an immediate detriment to the health, safety, welfare or convenience of the residents of City.

ARTICLE 6
Water Quality

a. The Santa Ana Regional Water Quality Control Board (“RWQCB”) has issued National Pollutant Discharge Elimination System (“NPDES”) Permit No. R8 -2009-0030 (the “Permit”), which governs storm water and non -storm water discharges resulting from municipal activities performed by City or its contractors. In order to comply with the Permit requirements, the County of Orange has prepared a Drainage Area Management Plan (“DAMP”), containing Model Maintenance Procedures with Best Management Practices (“BMPs”) that City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry -weather urban runoff, storm water runoff, and receiving water quality. Examples include: wash water from cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas.

151
5 b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the office of City’s Director of Publ ic Works. Contractor hereby acknowledges that it has read, reviewed and understands the Permit, the DAMP and the Model Maintenance Procedures, as they relate to the Work and hereby shall perform the Work in conformance therewith.

ARTICLE 7
Independent Contractor; Contractor not Agent

a. At all times during the term of this Contract, 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 Contrac t. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Contract. 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 Contractor and any subcontractors, agents or employees employed by Contractor shall not, under an y 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 be nefits, or health, life, dental, long -term disability or workers' compensation insurance benefits.

ARTICLE 8
Public Work; Prevailing Wage

a. The Work which is the subject of this Contract is a “public work,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid.

b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed 152
6 and understands those provisions of the Labor Code and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions.

ARTICLE 9
Equal Employment Opportunity

During the performance of this Contract, Contractor agrees as follows:

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. 153
7 c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in al l subcontracts for any Work covered by this Contract, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

ARTICLE 10
Conflicts of Interest

ARTICLE 11
Indemnity

Contractor shall defend, indemnify a nd hold harmless City and its officers, officials, agents, and employees from and against:

a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and court costs) which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which shall occur on or adjacent to the real property which is the sub ject of this Contract, or in connection with performance of this Contract which may be directly or indirectly caused by the acts or omissions of Contractor or its officers, employees, contractors or agents, or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any willful misconduct, negligence or breach of this Contract by City or its office rs, officials, agents, and employees. The foregoing indemnity shall survive termination of this Contract.

b. Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or its subcontractor’s employees arising out of Contractor’s Work under this Contract, including any and all claims under any law pertaining to Contractor’s status as an independent contractor.

ARTICLE 12
Insurance

a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Contract.
154
8 b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.

(1) General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
project/location or the g eneral aggregate
limit shall be twice the required
occurrence limit.

(2) Automobile Liability $1,000,000 per accident for bodily injury and property damage.

(3) Workers’ Compensation as required by the State of California.

(4) Employer’s Liability $1,000,000 per accident for bodily injury or disease.

e. Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:

(1) City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability arising out of Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such Work or operations. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. I n 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 12.b, above, shall apply to City as an additional insured.

155
9 (2) For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance with respect to City, its officers, officials, agents and employees. Any insurance or self-insurance maintained by City, its officers, officials, agents and employees shall be excess of Contractor’s insurance and shall not contribute with it.

(3) Coverage shall not be canceled, except after thirty (30) days’ prior written notice has been provided to City.

f. Contractor shall furnish City with original certi ficates of insurance and endorsements effecting coverage required by this Article 12. The endorsements shall be on forms acceptable to City. All certificates and endorsements are to be received and approved by City before the Work commences. However, fa ilure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

i. 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.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all Work performed by Contractor, its employees, agents and subcontractors. Contractor shall obtain any other endorsement that may be necessary to effect this waiver of subrogation.

j. Contractor shall require and verify that all subcontractors maintain insuranc e meeting all of the requirements stated herein.

ARTICLE 13
Termination

City, acting through its City Manager or his /her designee, reserves the right to terminate this Contract for any reason by giving five (5) days’ written notice of intent to terminate to Contractor. Upon receipt of notice, Contractor shall immediately cease work, unless the notice provides otherwise. Should City terminate this Contract, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in 156
10 compliance with this Contract, unless such termination shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

ARTICLE 14
Maintenance and Inspection of Records

ARTICLE 15
Compliance with Laws

b. Contractor represents and warrants that it:

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

(4) Has responded and shall at all times during the term of this Contract 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.

c. Contractor shall require all subcontractors and/or subconsultants to make the same representations and warranties required by this Article 15 when hired to perform services under this Contract.

157
11 d. Contractor shall, upon request of City, provide a list of all employees working under this Contract 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 Cont ractor. Once such request has been made, Contractor may not change employees working under this Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract.

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

ARTICLE 16
Governing Law and Venue

ARTICLE 17
Integration and Amendment

b. Amendments to this Contract must be in writing and signed by both parties The City Manager is authorized to execute amendments to this Contract up to the amounts specified in Chapter 3.08 of the Orange Municipal Code.

ARTICLE 18
Notice

Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class 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 158
12 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”

Delta Electric, LLC City of Orange
17007 Strawberry Pine Ct. 300 E. Chapman Avenue
Santa Clarita, CA 91387 Orange, CA 92866-1591

Attn: Rolando Estevez Attn: Jose Diaz, Water Manager

Telephone: (661) 714-7762 Telephone: (714) 288-2475 E-Mail: [email protected] E-Mail: [email protected]

ARTICLE 19
Claim Resolution

ARTICLE 20
Counterparts

This Contract 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 instrum ent. 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] 159
13 “CITY”

CONTRACT, BONDS AND INSURANCE
APPROVED BY:

Mary E. Binning
Senior Assistant City Attorney

CITY OF ORANGE, a municipal corporation

By:

Mark A. Murphy
Mayor of the City of Orange

ATTEST:

Pamela Coleman, City Clerk

“CONTRACTOR”

DELTA ELECTRIC, LLC, a California
limited liability company

[Note: Signature of Managing Member By:
or Person(s) Authorized to bind LLC is Printed Name:
(are) required] Title:

By:

Printed Name:

Title:

160

Attachment No. 1

Page 1 of 13 ends

ATTACHMENT NO. 1

CALIFORNIA LABOR CODE
SECTIONS 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815

Section 1725.5. Registration of contractors; mandatory registration; qualifications and application; fees; exempt contractors
A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by Section 1722.1. (a) To qualify for registration under this section, a contractor shall do all of the following:
(1)(A) Register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3. (B) Beginning June 1 , 2019, a contractor may register or renew according to this subdivision in annual increments up to three years from the date of registration. Contractors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' compensation coverage that meets the requirements of Division 4 (commen cing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section.

Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
161

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(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000). (b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be pro hibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or a re replaced by a contractor or subcontractors who are registered under this section. (3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.
(f) This section does not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Section 1771. Payment of general prevailing rate

Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.

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Section 1771.1 . Registration as a contractor or subcontractor required pr ior to bid submission; exceptions; violations; penalties
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code , or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code , provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) 163

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Orange City CouncilAugust 9, 2022

Orange City Council
August 9, 2022