Agenda packet — Orange City Council, September 13, 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
September 13, 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 September 13, 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 September 13, 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) - One case Name of case: Mary's Kitchen, et al. v. City of Orange
United States District Court Case No. 8:21-cv-01483-JVS-KES b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957.

Title: City Manager

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 September 13, 2022
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER

1.1 INVOCATION
Pastor Kevin Zimmerman, Friends Church Orange

1.2 PLEDGE OF ALLEGIANCE
Councilmember Ana Gutierrez

1.3 ROLL CALL

1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation Recognizing Hunger Action Month
Orange International Street Fair Presentation
Fire Paramedic Membership Program Presentation/Station 1 Grand Opening

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

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

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

Approve.

Recommended Action:

3.2. Confirmation of warrant registers dated July 29, August 2, 4, 12, 18, and 26, 2022.

Approve.

Recommended Action:

Staff ReportAttachments:

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4 City Council Agenda September 13, 2022

3.3. Approval of minutes of the Regular meeting of the City of Orange City Council held on August, 9, 2022.

Approve minutes as presented.

Recommended Action:

Staff Report
August 9, 2022, Regular Meeting minutes
Attachments:

3.4. Second Amendment to Attorney Services Agreement with Everett Dorey LLP to provide legal services, including representation and defense of the City, relative to the termination of the License Agreement with Mary’s Kitchen.

1. Authorize the appropriation of $50,000 from the General Fund unreserved fund balance to expenditure account number 100.0301.51600.00000, General Fund - Legal Services.

2. Approve the Second Amendment to Attorney Services Agreement with Everett Dorey LLP in the amount of $50,000; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Second Amendment to Attorney Services Agreement
Attachments:

3.5. Agreement with City of Santa Ana for Fiscal Year 2020-2021 Urban Areas Security Initiative grant.

Approve the agreement with the City of Santa Ana for Fiscal Year 2020-2021 Urban Areas Security Initiative grant and authorize the City Manager to execute on behalf of the City.

Recommended Action:

Staff Report
FY21 UASI Agreement
Attachments:

3.6. Agreement with the State of California Office of Traffic Safety for the Selective Traffic Enforcement Program for Federal Fiscal Year 2022-2023.

1. Approve grant agreement no. PT23135 with the State of California Office of Traffic Safety in the amount of $300,000 for the Selective Traffic Enforcement Program grant and authorize the City Manager to execute on behalf of the City.

2. Accept into the City ’s revenue budget a $300,000 grant from the California Office of Traffic Safety into revenue account number 100.4041.45290.30209, General Fund - OTS STEP Grant FY23.

3. Authorize the appropriation of $300,000 into the following Traffic Program expenditure accounts:
100.4041.50221.30209 Overtime - Safety OTS Grant 22-23 $257,356 Recommended Action:

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5 City Council Agenda September 13, 2022
100.4041.50222.30209 Overtime - Miscellaneous OTS Grant 22-23 23,937 100.4041.51840.30209 Local Training OTS Grant 22-23 661 100.4041.55131.30209 Equipment OTS Grant 22-23 18,046 Staff Report
OTS STEP Grant Agreement No. PT23135
Attachments:

3.7. First Amendment to Agreement with Transportation Studies, Incorporated for On-Call Traffic Data Collection Services.

Approve the Amendment to Agreement with Transportation Studies, Incorporated for On-Call Traffic Data Collection Services; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Agreement with TSI (AGR-7006)
First Amendment
Attachments:

3.8. Agreement with Fortel Traffic, Inc. for As -needed Procurement, Installation, and Maintenance of Speed Radar Feedback Signs and Related Electrical Devices.

Approve the agreement with Fortel Traffic, Inc. in the amount not -to-exceed $ 100,000 for As -needed Procurement, Installation, and Maintenance of Speed Radar Feedback Signs and Related Electrical Devices; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Agreement with Fortel Traffic, Inc.

Attachments:

3.9. Agreement with Triad Consulting & System Design Group, L .L.C. for security consulting services.

1. Authorize the appropriation of $25,000 from the Capital Bond Proceeds unreserved fund balance to expenditure account number 553.1601.56033.20347, Capital Bond Proceeds - Enterprise Access System.

2. Approve the agreement with Triad Consulting & System Design Group, L .L.C. in the amount of $25,000 for security consulting services, and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Professional Services Agreement with Triad Consulting
Attachments:

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6 City Council Agenda September 13, 2022

3.10. Appropriation of $ 80,000 from the California Energy Commission to be used for upgrading existing automated permit processing program.

1. Accept into the City ’s revenue budget $80,000 in CalAPP funds from the California Energy Commission into revenue account 550.5013.45290.30208, Reimbursable Capital Projects - CalAPP.

2. Authorize the appropriation of $80,000 in the following expenditure account number 550.5013.56572.30208, Reimbursable Capital Projects - CalAPP.

Recommended Action:

Staff ReportAttachments:

3.11. Rejection of all bids for Annual Concrete Replacement Phase I, Fiscal Year 2022-2023; Bid No. 22-23.04.

Reject all bids received and authorize the re -advertisement of this project with new Bid No. 22-23.09.

Recommended Action:

Staff Report
Bid Abstract
Attachments:

3.12. Approval of plans and specifications for Plaza Park Safety Enhancement Project; and authorization to advertise for bids.

Approve plans and specifications and authorize advertising for Bid No. 22-23.13 (SP-4230).

Recommended Action:

Staff Report
Plaza Park Safety Enhancements Exhibit
Attachments:

3.13. Claims for Damages.

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

1. Rowena Tobias

2. Jennifer Vaughn

3. Courtnie Minchaca

4. D’anel Winsor

5. Yvonne Lewis

6. Daniel Kanu

7. Dina Marysol Cruz De Leon
Recommended Action:

Staff ReportAttachments:

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7 City Council Agenda September 13, 2022

3.14. Final Acceptance of Bid No. 20-21.07; Fire Station No. 1 and Headquarters; and authorization to file Notice of Completion.

Accept Fire Station No. 1 and Headquarters (SP-4071) as complete, and authorize staff to file Notice of Completion with the County Recorder.

Recommended Action:

Staff Report
Notice of Completion and Acceptance
Attachments:

3.15. Authorize purchase of twenty -nine vehicles and equipment for various departments using a Cooperative Purchasing Agreement.

1. Approve the purchase of one Pierce Tiller Arrow XT Fire Engine from South Coast Fire Equipment for $1,037,766.

2. Authorize the replaced Fire Seagrave Pumper, 2003 Seagrave, to be donated to Queretaro, Mexico.

3. Approve the purchase of one Ambulance from Red Sky for $444,772.

4. Approve the purchase of three Chevrolet Bolts, one Chevrolet Tahoe, one Dodge Durango, nine Ford F -150s, three Ford Explorers, one Ford Transit and five Ford Explorer Pursuits from the National Auto Fleet Group for a total of $972,122.

5. Approve the purchase of two backhoes and two trailers from Caterpillar for a total of $435,591.

6. Approve the purchase of safety equipment and supplies needed to equip the Fire Apparatus (Engine, Ambulance, and Pursuit vehicles) from various lowest qualified vendors for a total of $553,471.

Recommended Action:

Staff Report
Letter from Bomberos Queretaro
Attachments:

3.16. Authorize purchase of two Power Pro 2 gurneys from Stryker Medical as a sole source vendor.

Approve the purchase of two Power Pro 2 gurneys from Stryker Medical for $53,458.98.

Recommended Action:

Staff Report
Sole Source Letter
Quote Number 10567864
Attachments:

3.17. Conflict of Interest Code 2022 Local Agency Biennial Notice.

1. Receive and file the 2022 Local Agency Biennial Notice as submitted.

2. Determine that amendments to the City ’s Conflict of Interest Code are required to include new positions, revise titles of existing positions and delete titles of positions Recommended Action:

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8 City Council Agenda September 13, 2022
that have been abolished.

3. Direct staff to prepare a resolution amending the code for City Council approval within 90 days.

Staff Report
2022 Local Agency Biennial Notice
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).

6. ADMINISTRATIVE REPORTS

6.1. Grijalva Park Master Plan Update.

Receive and file.

Recommended Action:

Staff Report
Attachment 1 - 2005 Grijava Park at Santiago Creek Site Plan Attachment 2 - 2019 Grijalva Park Master Plan Update
Attachment 3 - 2022 Grijalva Park Master Plan Update
Attachments:

6.2. Sully Miller Site Update.

Receive and file.

Recommended Action:

Staff Report
Attachment A - Sully Miller Site Map
Attachment B - Land Use Table Sand and Gravel and Open Space Attachments:

7. REPORTS FROM CITY MANAGER

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9 City Council Agenda September 13, 2022

8. PUBLIC HEARINGS

8.1. Public Hearing to consider amendment to the Fiscal Year 2022-2023 Annual Action Plan to allocate HOME Investment Partnership funds to the Villa St .

Joseph Affordable Housing project and approval of the preliminary award letter of HOME Investment Partnership funds for the State of California Low Income Housing Tax Credits application.

Note: Staff is requesting that the City Council continue this item to the October 11, 2022, Regular City Council meeting.

1. Approve the submittal of the amended Fiscal Year 2022-2023 Action Plan to the U.S. Department of Housing and Urban Development for the allocation of HOME funds to the Villa St. Joseph Affordable Housing Project.

2. Authorize the appropriation of $127,487 from HOME (317) unreserved fund balance to 317.9661.56571.30210 - Rehab/Dev Loans - Villa St. Joseph.

3. Authorize the transfer of $523,757 from expenditure account number 317.9660.56510.11250 - HOME Developer Projects to expenditure account number 317.9660.56571.30210 Rehab/Dev Loans - Villa St. Joseph.

4. Authorize the City Manager to execute the attached preliminary award letter of $651,244 in HOME Investment Partnerships funds for the Villa St. Joseph Affordable Housing Project and for all Department of Housing and Urban Development documents related to this commitment.

Recommended Action:

Staff Report
Draft Preliminary Award Letter
1st Amendment to the FY2022-2023 Annual Action Plan
Attachments:

9. ADJOURNMENT
The next Regular City Council meeting will be held on Tuesday, October 11, 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 N. Batavia Street, and uploaded to the City's website www.cityoforange.org.

Date posted: September 8, 2022

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10 Agenda Item
City Council
Item #: 3.1. 9/13/2022 File #: 22-0498
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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11 Agenda Item
City Council
Item #: 3.2. 9/13/2022 File #: 22-0499
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 29, August 2, 4, 12, 18, 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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12 Agenda Item
City Council
Item #: 3.2. 9/13/2022 File #: 22-0499
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 29, August 2, 4, 12, 18, 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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13 Agenda Item
City Council
Item #: 3.3. 9/13/2022 File #: 22-0506
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Approval of minutes of the Regular meeting of the City of Orange City Council held on August, 9, 2022.

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

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· August 9, 2022, Regular Meeting minutes
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14 Agenda Item
City Council
Item #: 3.3. 9/13/2022 File #: 22-0506
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Approval of minutes of the Regular meeting of the City of Orange City Council held on August, 9, 2022.

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

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· August 9, 2022, Regular Meeting minutes
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15 City of Orange
City Council
August 09, 2022

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Tuesday, August 9, 2022, at 5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
5:00 PM CLOSED SESSION

1. ROLL CALL

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

Absent: None
Councilmember Barrios joined Closed Session at 5:07 p.m.

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None

3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:02 p.m. with all Members present, except Councilmember Barrios who joined Closed Session at 5:07 p.m., to discuss the following:
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
None

5. ADJOURNMENT
Closed Session was adjourned at 5:42 p.m.

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6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Murphy called the meeting to order at 6:01 p.m.

1.1 INVOCATION
Given by Father Neil Edlin from St. Mary Magdalene Anglican Church.

1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Jon Dumitru.

1.3 ROLL CALL

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

Absent: None

1.4 PRESENTATIONS/ANNOUNCEMENTS
Recognition of outgoing Board, Committee and Commission members. Traffic Commissioner Jim Beil was recognized for 19 years of service.

Mayor Murphy announced the last Concerts in the Park series at the Hart Park Bandshell would be August 17.

Memorial Adjournment in honor of Salvador Avila, founder of Avila's El Ranchito Restaurant.

2. PUBLIC COMMENTS
Public Speakers:

The following spoke in opposition of a proposed cemetery near Palmyra Avenue :

Lindsey Babcock, Bernie Galasso, Sharon Galasso, Caren Wolf, Jake Comer, Alan Kinkaid, Sunny, James Kushon, and Daniel Dillon.

The following raised concerns with safety issues at Handy Park: Cesar Grijalva, Claudia Grijalva, John Long, Tom Korsvall, and Natalia Quevedo.

Mark Moore spoke about the Sully Miller site and acquisition of open space.

Cody & Sierra Vane spoke in support of re-opening the Plaza Paseo.

Carole Walters discussed a decrease in the use of illegal fireworks this year.

Park Planning and Community Events Commissioner Eugene Fields announced a 9/11 remembrance event taking place this year in front of City Hall; the event is being sponsored by the Elks Lodge of Orange and the Orange Community Foundation.

Written Public Comment
Kimberly Bottomley emailed a request to allow members of the public use of City Council Chamber equipment during Public Comment period.

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

ACTION: Approved.

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

ACTION: Approved.

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

ACTION: Approved minutes as presented.

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

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

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

ACTION: Approved the amendment to agreement with Intratek Computer Inc. for helpdesk and desktop technical support; and authorized the Mayor and the City Clerk to execute on behalf of the City.

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

ACTION: 1) Accepted into the City ’s revenue budget a $ 5,000 community partner donation, into revenue account 100.7015.48390.30197, Donations-2022 Special Events Season; and 2) Authorized the appropriation of $ 5,000 in the expenditure account number 100.7015.51355.30197, General Fund - Special Events-2022 Season.

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

ACTION: 1) Accepted into the City ’s revenue budget $ 192,516.14 in strike team reimbursement funds from the California Office of Emergency Services (Cal-OES) as follows:

Cal-OES reimbursements (revenue account 100.3024.48212.xxxxx):
$ 42,620.67 .40290 - Emerald Fire
149,895.47 .40297 - Crooks Fire
2) Authorized the appropriation of $ 190,469.12 into the expenditure account numbers for Overtime-Safety as follows:

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18 City Council Minutes - Draft August 9, 2022
Overtime-Safety (expenditure account 100.3024.50221.xxxxx):
$ 42,620.67 .40290 - Emerald Fire
147,848.45 .40297 - Crooks Fire
3) Authorized the appropriation of $ 2,047.02 into the expenditure account numbers for Strike Team Expenditures as follows:

Strike Team (expenditure account 100.3024.53860.xxxxx):
$ 2,047.02 .40297 - Crooks Fire

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

ACTION: 1) Accepted 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; and 2) Authorized the appropriation of $25,748 into expenditure account number 100.3023.51840.20234, General Fund - Santa Ana College Fire Training.

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

ACTION: 1) Accepted 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; and 2) Authorized the appropriation of $ 10,000 to 550.7011.56510.30207, CIP -Other Capital Outlay-Meal Gap FY 23.

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

ACTION: Approved the plans and specifications and authorized advertising for Bid No . 22-23.05.

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

ACTION: Approved plans and specifications and authorized advertising for Bid No . 22-23.08.

3.12. Claims for Damages.

ACTION: Denied the following claims and referred 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

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.

ACTION: 1) Authorized the appropriation of $ 20,000 from the Fund 287 (TSIP

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19 City Council Minutes - Draft August 9, 2022
Citywide) unreserved fund balance to expenditure account 287.5032.56100.20351, CIP-Tustin & La Veta Traffic Signal Upgrade; and 2) Approved 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 authorized the Mayor and City Clerk to execute on behalf of the City.

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
ACTION: 1) Awarded the contract to Delta Electric, LLC in the amount of $ 184,000.50 for the Replacement of Emergency Generator and Automatic Transfer Switch; and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Authorized 10% of the contract amount for contingency purposes.

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

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

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.

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

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

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

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.

ACTION: Adopted Ordinance No. 05-22.

3.19. Time extension for Tentative Tract Map No. 0050-20, Minor Site Plan Review No . 1016-20, and Environmental Review No. 1871-20 - Mabury Tentative Tract Map A speaker card was submitted for Item 3.19; therefore, the item was removed from the Consent Calendar for separate consideration.

Entered into the record: a memo from staff clarifying the agenda title should be corrected by replacing "Negative Declaration No. 1871-20" with "Environmental Review No. 1871-20."
Public Speakers:

Tom Broz spoke in opposition of approval.

Quinn Promarug spoke in opposition of approval.

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20 City Council Minutes - Draft August 9, 2022
Chris Nichelson, President of Milan Capital, responded to Council's questions as to why an extension is requested. He cited challenges in California's process of moving a Tentative Tract map through to a Final Tract map and limitations due to the COVID -19 pandemic.

Written Public Comments:

Mabury Ranch Homeowners Association Board of Directors emailed in opposition of approval.

ACTION: A motion was made by Councilmember Monaco, seconded by Councilmember Dumitru, to 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, and Environmental Review No. 1871-20. The motion carried by the following vote:

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

BarriosNoes:

NoneAbsent:

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

Written Public Comment:

Janice Brownfield emailed requesting the City withdraw investments with JPMorgan Chase.

ACTION: Received and filed.

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

ACTION: Adopted 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.

Approval of the Consent Calendar
Item 3.19 was 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 Dumitru, to approve the Consent Calendar as recommended. The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

END OF CONSENT CALENDAR
* * * * * * * *
RECESS: The City Council recessed at 7:21 p.m. and reconvened at 7:34 p.m. with all Members present.

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21 City Council Minutes - Draft August 9, 2022

4. REPORTS FROM MAYOR MURPHY
None

5. REPORTS FROM COUNCILMEMBERS

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

Councilmember Barrios highlighted the following local business: Avila's El Ranchito Restaurant.

5.2. Park Events - Concert/Movie Series (Dumitru)
Councilmember Dumitru requested the Park Planning and Community Events Commission explore hosting City events such as the Concert in the Park series throughout each district. In addition, he would like the Commission and Community Services staff to consider a Movie in the Park series in each district next summer with at least one event before the end of this summer.

5.3. Public Noticing of Projects/Hearings (Dumitru)
Councilmember Dumitru requested staff evaluate ways to prominently display upcoming projects on the website with an option for members of the public to register for email updates.

5.4. City Council Rules of Decorum (Gutierrez)
Councilmember Gutierrez requested staff return with a Rules of Decorum policy for Council's approval.

Public Speakers:

Bonnie Robinson spoke in support of Council adopting a Rules of Decorum policy.

Sherry Hart Panttaya expressed disappointment with Council's behavior at the last Council meeting.

Dru Whitefeather spoke in support of Council adopting a Rules of Decorum policy.

Kim Plehn expressed disappointment with Council's conduct at the last meeting.

Laurel Maldonado expressed disappointment with Council's conduct at the last meeting and supports implementing a Code of Conduct policy.

Laura Thomas spoke in support of Council adopting a Code of Conduct policy.

During discussion, it was Council consensus to direct staff to evaluate Orange Municipal Code (OMC) 2.04.210 Decorum and OMC 2.04.220 Enforcement of Decorum and return with any changes for Council's review.

5.5. Historic Cypress Street Barrio (Monaco)
Councilmember Monaco announced the Historic Cypress Street Barrio website project recently won the County 2022 APA CA Orange Section Award of Excellence Communications Initiative and is now up for an award at the State level.

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22 City Council Minutes - Draft August 9, 2022

5.6. Other Councilmember Reports
With Council concurrence, Mayor pro tem Nichols requested to add Sully Miller to the September 13 Council agenda to clarify direction that was given to staff.

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 Monaco, 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 to the Investment and Audit Committee. The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

7. ADMINISTRATIVE REPORTS

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

Public Speaker:

Shirley Grindle remarked that the scope of work does not include acquiring open space.

During discussion, Council directed staff to include acquisition of open space and park land in the RFP Scope of Work. In addition, Council requested to review a vendor performance report before awarding the RFP.

A motion was made by Councilmember Monaco, seconded by Mayor pro tem Nichols, to approve amended Request for Proposal No. 22-23.06 for grant writing and legislative advocacy services. The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

7.2. Review of City’s Neighborhood Permit Parking Program policy City Traffic Engineer Larry Tay reviewed the current Neighborhood Permit Parking Program policy and outlined the recommended changes. He noted a memo was distributed to Council and posted on the website with the following additional information: comparison of permit parking fees with area cities, street -by-street listing of permit parking areas, and a map of permit parking areas.

Public Speaker:

Adrienne Gladson spoke in support of decreasing the application fee.

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23 City Council Minutes - Draft August 9, 2022
A motion was made by Councilmember Monaco, seconded by Councilmember Barrios, to approve the proposed updates to the Neighborhood Permit Parking Program policy and implementation updates, dated August 9, 2022. The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

Mayor Murphy recused himself from Item 7.3 due to a potential conflict with his spouse's employment and left the meeting at 8:47 p.m. Mayor pro tem Nichols conducted the meeting for the remaining Open Session items.

RECESS: The City Council recessed at 8:48 p.m. and reconvened at 9:01 p.m. with all Members present, except Mayor Murphy who was absent.

7.3. Discussion of North Tustin Street Specific Plan Options Interim Community Development Director Susan Galvan provided the staff report and reviewed Council's options.

Public Speakers:

Shelby Oakes expressed lack of outreach to seniors regarding the plan.

Darren Kempkes spoke in support of revitalizing the mall but opposes any residential projects.

Matt Hamilton spoke in support of terminating the grant with the State and in opposition of the plan.

Karen Hamilton spoke in opposition of the plan.

Jeff Lawrence spoke in opposition of the plan.

Doug Hamilton spoke in opposition of the plan.

Carol Chaney spoke in opposition of the plan.

Byron deArakal spoke in support of the plan and supports option 3 to retain Village at Orange in Specific Plan boundaries with commercial zoning and incorporate a mixed use overlay.

Peter Vanek, owner of JC Penney site, spoke in support of the plan and option 3 to retain Village at Orange in Specific Plan boundaries with commercial zoning and incorporate a mixed use overlay.

Written Public Comments:

Reggie Mundekis emailed in support of option 2 to retain Village at Orange in the Specific Plan boundaries with strictly commercial zoning and option 3 to retain Village at Orange in Specific Plan boundaries with commercial zoning and incorporate a mixed use overlay.

During deliberations, Council discussed amending the agreement and refunding State grant funds received for the North Tustin Street Specific Plan project. In addition, they discussed the creation of a two -member ad hoc committee to narrow the focus of the study.

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24 City Council Minutes - Draft August 9, 2022
A motion was made by Councilmember Tavoularis, seconded by Councilmember Barrios, to cancel the North Tustin Street Specific Plan and refund state grant money received to date for project costs thereby amending the agreements with the State by removing the North Tustin Street Specific Plan project; and create an ad hoc committee to narrow the focus of study to Tustin Street between Meats and Lincoln with Councilmember Tavoularis and Councilmember Monaco as members and Councilmember Gutierrez as an alternate. The motion carried by the following vote:

Nichols, Monaco, Barrios, Dumitru, Tavoularis, and GutierrezAyes:

NoneNoes:

NoneAbsent:

MurphyRecused:

8. REPORTS FROM CITY MANAGER
None

9. ADJOURNMENT
There being no further business, the meeting was adjourned at 10:06 p.m. 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.
______________________ _________________________ PAMELA COLEMAN MARK A. MURPHY

CITY CLERK MAYOR

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25 Agenda Item
City Council
Item #: 3.4. 9/13/2022 File #: 22-0422
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Gary A. Sheatz, City Attorney

1. SUBJECT
Second Amendment to Attorney Services Agreement with Everett Dorey LLP to provide legal services, including representation and defense of the City, relative to the termination of the License Agreement with Mary’s Kitchen.

2. SUMMARY
The City currently has an agreement and first amendment with Everett Dorey LLP, to provide legal services for the representation and defense of the City relative to the termination of the License Agreement with Mary’sKitchen, for an amount not to exceed $130,000. This matter is being actively litigated in state and federal court and the amount of the original agreement will soon be expended.

The proposed Second Amendment will increase the agreement amount by $50,000 for a total amount not to exceed $180,000.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $50,000 from the General Fund unreserved fund balance to expenditure account number 100.0301.51600.00000, General Fund - Legal Services.

2. Approve the Second Amendment to Attorney Services Agreement with Everett Dorey LLP in the amount of $50,000; and authorize the Mayor and City Clerk to execute on behalf of the City.

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

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

6. DISCUSSION AND BACKGROUND
While the City Attorney’sOffice handles most litigation matters in-house, the City does contract with outside counsel when the complexity of a case, or a significant burden to staff time requires additional staffing expertise. The litigation in this case involves multiple allegations, including a request for class action status, in State and Federal Court. This type of litigation is document and time sensitive and involves technical issues and complex remedies, which are time consuming and would over-burden in-house legal staff.

As such, the City has retained the law firm of Everett Dorey, LLP, to provide legal services with City of Orange Printed on 9/8/2022Page 1 of 2
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26 Item #: 3.4. 9/13/2022 File #: 22-0422
As such, the City has retained the law firm of Everett Dorey, LLP, to provide legal services with respect to litigation defense in the matter of Mary’sKitchen, et. al, v. City of Orange. Everett Dorey LLP is a full-service litigation firm that provides specialized services to public entities, with an expertise in handling the issues raised in this case.

The Second Amendment of the agreement, to increase the contract by $50,000, will raise the total not to exceed amount to $180,000, and is necessary to carry out further defense of the City in this case.

7. ATTACHMENTS
· Second Amendment to Attorney Services Agreement.

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27 Agenda Item
City Council
Item #: 3.4. 9/13/2022 File #: 22-0422
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Gary A. Sheatz, City Attorney

The proposed Second Amendment will increase the agreement amount by $50,000 for a total amount not to exceed $180,000.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $50,000 from the General Fund unreserved fund balance to expenditure account number 100.0301.51600.00000, General Fund - Legal Services.

2. Approve the Second Amendment to Attorney Services Agreement with Everett Dorey LLP in the amount of $50,000; and authorize the Mayor and City Clerk to execute on behalf of the City.

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

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

As such, the City has retained the law firm of Everett Dorey, LLP, to provide legal services with City of Orange Printed on 9/8/2022Page 1 of 2
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28 Item #: 3.4. 9/13/2022 File #: 22-0422
As such, the City has retained the law firm of Everett Dorey, LLP, to provide legal services with respect to litigation defense in the matter of Mary’sKitchen, et. al, v. City of Orange. Everett Dorey LLP is a full-service litigation firm that provides specialized services to public entities, with an expertise in handling the issues raised in this case.

7. ATTACHMENTS
· Second Amendment to Attorney Services Agreement.

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29 SECOND AMENDMENT
TO

ATTORNEY SERVICES AGREEMENT
THIS SECOND AMENDMENT TO ATTORNEY SERVICES AGREEMENT (the “Second Amendment”) is made and entered into as of __________________, 2022 by and between the CITY OF ORANGE, a municipal corporation (“City”), and EVERETT DOREY LLP (“Law Firm”), with reference to the following:

A. City and Law Firm entered into an Attorney Services Agreement (Agreement No. 7235) dated as of August 6, 2021, which is incorporated herein by this reference (the “Original Agreement”); and
B. City and Law Firm amended the Original Agreement to increase the compensation by a First Amendment to Attorney Services Agreement (Agreement No. 7235.1) dated October 20, 2021, which is incorporated herein by this reference (the “First Amendment”); and C. City and Law Firm desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement to increase the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

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

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

Section 3. Compensation. The total not-to-exceed compensation for the services to be rendered as set forth in Section II. Payment -A. of the Original Agreement is increased by FIFTY THOUSAND DOLLARS and 00/100 ($50,000.00) and Section II. Payment -A. is hereby amended in its entirety to read as follows:
“City shall pay Law Firm as consideration for services satisfactorily rendered pursuant to this Agreement at the hourly rates set forth in the attached Exhibit “A”, attached and incorporated herein by this reference. Total payments for services performed pursuant to this Agreement shall not exceed ONE HUNDRED EIGHTY THOUSAND DOLLARS and 00/100 ($180,000.00) without prior approval of City Council of City. A condition precedent to any payment to Law Firm shall be that Law Firm submit a statement which clearly sets forth, by dates, the designated items of work, the work time of each item and amount charged for said work time.” Section 4. Integration. This Second Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall 30 2
remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Original Agreement, as modified by the First Amendment, the terms and provisions of this Second Amendment shall control and govern the rights and obligations of the parties.

IN WITNESS of this Agreement, the parties enter into this Second Amendment on the year and day first above written.
“LAW FIRM” “CITY”
EVERETT DOREY LLP CITY OF ORANGE, a municipal corporation *By: By:

Printed Name: Mark A. Murphy, Mayor
Title:
*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

Gary A. Sheatz, City Attorney
*NOTE: If Law Firm is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
31 Agenda Item
City Council
Item #: 3.5. 9/13/2022 File #: 22-0484
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Agreement with City of Santa Ana for Fiscal Year 2020-2021 Urban Areas Security Initiative grant.

2. SUMMARY
The Anaheim/Santa Ana Urban Areas Security Initiative grant program is an agreement for transfer or purchase of equipment and services needed to manage and organize preparedness activities attributed to acts of terrorism and other threats.

3. RECOMMENDED ACTION
Approve the agreement with the City of Santa Ana for Fiscal Year 2020-2021 Urban Areas Security Initiative grant and authorize the City Manager to execute on behalf of the City.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
c: Enhance the emergency management system to provide public safety during times of disaster.

6. DISCUSSION AND BACKGROUND
The Anaheim/Santa Ana Urban Areas Security Initiative (UASI) grant program provides funds to state and local agencies to prevent terrorism and other catastrophic events by focusing on a range of preparedness activities, including planning, organization, equipment purchases, training, and exercises. These activities can only be realized through information sharing and collaboration between local and federal agencies seeking to reduce the risks posed by terrorism. Such activities require careful planning and training geared towards evolving threats identified in the below five priority areas:
1) Enhancing cybersecurity
2) Enhancing protection of soft targets/crowded places
3) Enhancing information/intelligence sharing and cooperation with federal agencies, including the Department of Homeland Security
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32 Item #: 3.5. 9/13/2022 File #: 22-0484
4) Combating domestic violent extremism
5) Addressing emergent threats
To support the UASI grant program, the Orange Police Department currently has 60 Terrorism Liaison Officers trained to report suspicious activity that may be encountered during the course of their normal duties. In addition, key personnel participate in regional training exercises to prepare and improve our ability to respond to complex threats. Regional training program objectives ensure training programs are delivered to accomplish core capabilities and heightened awareness levels that address the above priority levels among first responders.

The California Governor’sOffice of Emergency Services’performance period for the Anaheim/Santa Ana Urban Area is September 1, 2021, to May 31, 2024. However, the Sub-Recipient Performance Period for Fiscal Year 2020-2021 (FY21) UASI Grant Program is August 10, 2022, to March 31, 2024.

The agreement allows officers to participate in eligible training courses maintained by Homeland Security at no cost. Due to a reduced UASI grant allocation, reimbursement for overtime and backfill for training is no longer being offered. The UASI grant is a transfer agreement that provides unique equipment, training, planning, and exercise needs with no monetary value. Additionally, the transfer agreement is a required condition to maintain federally funded equipment acquired through the UASI grant program. Current equipment acquired through the UASI grant program is maintained at the Orange Police Department and includes automatic license plate readers, mobile radios, Community Emergency Response Team (CERT) equipment, and a CERT trailer.

7. ATTACHMENTS
· FY21 UASI Agreement
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33 Agenda Item
City Council
Item #: 3.5. 9/13/2022 File #: 22-0484
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Agreement with City of Santa Ana for Fiscal Year 2020-2021 Urban Areas Security Initiative grant.

3. RECOMMENDED ACTION
Approve the agreement with the City of Santa Ana for Fiscal Year 2020-2021 Urban Areas Security Initiative grant and authorize the City Manager to execute on behalf of the City.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
c: Enhance the emergency management system to provide public safety during times of disaster.

6. DISCUSSION AND BACKGROUND
The Anaheim/Santa Ana Urban Areas Security Initiative (UASI) grant program provides funds to state and local agencies to prevent terrorism and other catastrophic events by focusing on a range of preparedness activities, including planning, organization, equipment purchases, training, and exercises. These activities can only be realized through information sharing and collaboration between local and federal agencies seeking to reduce the risks posed by terrorism. Such activities require careful planning and training geared towards evolving threats identified in the below five priority areas:
1) Enhancing cybersecurity
2) Enhancing protection of soft targets/crowded places
3) Enhancing information/intelligence sharing and cooperation with federal agencies, including the Department of Homeland Security
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34 Item #: 3.5. 9/13/2022 File #: 22-0484
4) Combating domestic violent extremism
5) Addressing emergent threats
To support the UASI grant program, the Orange Police Department currently has 60 Terrorism Liaison Officers trained to report suspicious activity that may be encountered during the course of their normal duties. In addition, key personnel participate in regional training exercises to prepare and improve our ability to respond to complex threats. Regional training program objectives ensure training programs are delivered to accomplish core capabilities and heightened awareness levels that address the above priority levels among first responders.

7. ATTACHMENTS
· FY21 UASI Agreement
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35 AGREEMENT

SUB-RECIPIENT: CITY OF ORANGE

City Contract Number
36 TABLE OF CONTENTS

Section Description Page

INTRODUCTION

§101. Parties to the Agreement 6
§102. Representatives of the Parties and Service of Notices 6 §103. Independent Party 7
§104. Conditions Precedent to Execution of this Agreement 7 II

TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance 8
§202. Use of Grant Funds 8
III

PAYMENT
§301. Payment of Grant Funds and Method of Payment 11
IV

STANDARD PROVISIONS

§401. Construction of Provisions and Titles Herein 12
§402. Applicable Law, Interpretation and Enforcement 12 §403. Integrated Agreement 12
§404. Excusable Delays 12
§405. Breach 13
§406. Prohibition Against Assignment or Delegation 13
§407. Permits 13
§408. Bonds 13
37 TABLE OF CONTENTS

Section Description Page

§409. Indemnification 13
§410. Conflict of Interest 13
§411. Restriction on Disclosures 15
§412. Statutes and Regulations Applicable to All Grant Contracts 15 §413. Federal, State, and Local Taxes 26
§414. Inventions, Patents and Copyrights 26
§415. MBE/WBE 28
V

DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults 29
§502. Amendments 29
V

ENTIRE AGREEMENT
§601. Complete Agreement 30
§602. Number of Pages and Attachments 30
Execution (Signature) Page 31

EXHIBITS

Exhibit A CalOES FY2021 Grant Assurances

Exhibit B Certification Regarding Debarment, Suspension and Other Responsibility Matters
Exhibit C Certification Regarding Lobbying
38 4
Agreement Number:

AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT/SERVICES OR

FOR REIMBURSEMENT OF TRAINING COSTS
FOR FY2021 URBAN AREAS SECURITY INITIATIVE (UASI)

BETWEEN

THE CITY OF SANTA ANA

AND CITY OF ORANGE

THIS AGREEMENT is made and entered into this day of 20 , by and between the CITY OF CITY OF SANTA ANA , a municipal corporation (the “CITY”), and CITY OF ORANGE (the “SUB-RECIPIENT” or “Contractor”).

W I T N E S S E T H
WHEREAS, CITY, acting through the Santa Ana Police Department in its capacity as a Core City for the Anaheim/Santa Ana Urban Area under the FY20 21 Urban Areas Security Initiative, has applied for, received and accepted a grant entitled “FY 2021 Urban Areas Security Initiative” from the federal Department Of Homeland Security(DHS) Federal Emergency Management Agency (FEMA), through the State of California Governor’s Office of Emergency Services (CalOES), to enhance countywide emergency preparedness (the “grant”), as set forth in the grant guidelines and assurances that are incorporated to this Agreement by reference and located at:

U.S. Department of Homeland Security “Fiscal Year 2021 Homeland Security Grant Program (HSGP) Notice of Funding Opportunity (NOFO)”
https://www.fema.gov/sites/default/files/documents/FEMA_FY2021-HSGP-NOFO_02- 19-21.pdf

California Office of Emergency Services “FY2021 Homeland Security Grant Program:

California Supplement to Federal Program Guidance and Application Kit” https://www.caloes.ca.gov/wp-content/uploads/Grants/Documents/FY-2021-HSGP-State- Supplement.pdf

Copies of the grant guidelines shall be retained in the Anaheim/Santa Ana Grant Office.

WHEREAS, this financial assistance is administered by the CITY OF SANTA ANA (“CITY”) and is overseen by the California Governor’s Office of Emergency Services (“CalOES”); and

WHEREAS, this financial assistance is being provided to address the unique equipment, training, planning, and exercise needs of large urban areas, and to assist them in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and
WHEREAS, the Anaheim/Santa Ana Urban Area (“ASAUA”) consists of 34 cities in 39 5
Orange County, including the City of Anaheim and the City of Santa Ana, the County of Orange, Santa Ana Unified School District Police, California State University, Fullerton, University of California, Irvine, Municipal Water District of Orange County, and the Orange County Fire Authority; and

WHEREAS, the Office of Grants Management (“OGM”) awarded a FY2021 UASI Grant of $5,113,750 (“Grant Funds”) to the CITY OF SANTA ANA, as a Core City, for use in the ASAUA; and

WHEREAS, the CITY has designated the Chief of Police, or his designee and the Santa Ana Police Department, Emergency Management Director (“UASI Grant Office”) to provide for terrorism prevention and emergency preparedness; and

WHEREAS, the UASI Grant Office now wishes to distribute FY2021 UASI Grant Funds throughout the ASAUA, as further detailed in this Agreement (“Agreement”) to CITY OF ORANGE (“SUB-RECIPIENT”) and others;

WHEREAS, the CITY and SUB-RECIPIENT are desirous of executing this Agreement as authorized by the City Council and the Chief of Police which authorizes the CITY to prepare and execute the Agreement.

NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
40 6
I. INTRODUCTION

§101. Parties to the Agreement

The parties to this Agreement are:

A. The CITY, a municipal corporation, having its principal office at 20 Civic Center Plaza, Santa Ana, CA 92702; and

B. CITY OF ORANGE , a municipal corporation, 300 E. Chapman Avenue, Orange, CA 92866

§102. Representatives of the Parties and Service of Notices

A. The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows:

1. The representative of the City of Santa Ana shall be, unless otherwise stated in the Agreement:

Richard Weber, Commander
Santa Ana Police Department
Homeland Security Division
60 Civic Center Plaza
Santa Ana, CA 92702
Phone: (714) 245-8730
[email protected]

2. The representative of CITY OF ORANGE shall be:

Name:_
Title: _
Sub Recipient Name:

Sub Recipient Address: _
City_ State: Zip:_
Phone:

E-mail:

B. Formal notices, demands and communications to be given hereunder by either party shall be made in writing and may be effected by personal delivery or by registered or certified mail, postage prepaid, return receipt 41 7
requested and shall be deemed communicated as of the date of mailing.

C. If the name of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accord with this section, within five (5) business days of said change.

§103. Independent Party

SUB-RECIPIENT is acting hereunder as an independent party, and not as an agent or employee of the CITY OF SANTA ANA. No employee of SUB- RECIPIENT is, or shall be an employee of the CITY OF SANTA ANA by virtue of this Agreement, and SUB -RECIPIENT shall so inform each employee organization and each employee who is hired or retained under this Agreement. SUB-RECIPIENT shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the CITY OF SANTA ANA.

§104. Conditions Precedent to Execution of This Agreement

SUB-RECIPIENT shall provide copies of the following documents to the CITY OF SANTA ANA, unless otherwise exempted.

A. Standard Assurances (Grant Assurances) in accordance with section 412A of this Agreement attached hereto as Exhibit A and made part hereof.

B. Certifications Regarding Ineligibility, Suspension and Debarment as required by Executive Order 12549 in accordance with Section 412 of this Agreement and attached hereto as Exhibit B and made a part hereof.

C. Certifications and Disclosures Regarding Lobbying in accordance with Section 412C of this Agreement and attached hereto as Exhibit C and made a part hereof. SUB-RECIPIENT shall also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by SUB-RECIPIENT. 42 8
II. TERM AND SERVICES TO BE PROVIDED

§201. Time of Performance

The term of this Agreement shall commence on 9/1/2021 and end on 3/31/2024 or upon the final disbursement of all of the Grant Amount (as defined in Section 301) and any additional period of time as is required to complete any necessary close out activities. Said term is subject to the provisions herein.

§202. Use of Grant Funds

A. CITY may, a) transfer to SUB -RECIPIENT, equipment or services purchased with grant funds and in accordance with grant guidelines set forth above; or, b) reimburse SUB-RECIPIENT for purchase of authorized equipment, exercises, services or training upon receiving prior written approval from CITY or its designee and in accordance with grant guidelines and in full compliance with all of the SUB -RECIPIENT’S purchasing and bidding procedures. SUB- RECIPIENT shall specify the equipment, services, exercises and training to be purchased using the Application for Project Funding. A paper copy of this document will be provided to SUB- RECIPIENT by CITY. In addition, a compact disc with a copy of the document will be provided to SUB-RECIPIENT by CITY.

If additional copies of the document are needed, SUB-RECIPIENT may contact the Santa Ana Grant Coordinator and it will be provided.

B. SUB-RECIPIENT shall provide any reports requested by the CITY regarding the performance of the Agreement. Reports shall be in the form requested by the CITY, and shall be provided in a timely manner.

C. SUB-RECIPIENT shall provide the CITY a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet the minimum federal requirements. Federal procurement requirements for the FY2021 UASI Grant can be found at 2 Code of Federal Regulations (CFR) Part 200 “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.”

D. The Authorized Equipment List (AEL) is a list of the allowable equipment which may be purchased pursuant to this Agreement and is located at https://www.fema.gov/authorized-equipment-list, and incorporated to this Agreement by reference. A copy of the AEL shall be retained in the Anaheim/Santa Ana Grant Office. Unless otherwise stated in program guidance any equipment acquired pursuant to this Agreement shall meet all mandatory regulations and/or DHS-adopted standards to be eligible for purchase using grant funds.

Any equipment acquired or obtained with Grant Funds:

1. Shall be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, 43 9
and law enforcement agencies within the jurisdiction of the applicant;

2. Shall be consistent with needs as identified in the National Priorities and Core Capabilities, the State Homeland Security Strategy and the Anaheim/Santa Ana Urban Area and Orange County Operational Area Homeland Security Grants Strategy, the Threat Hazard Identification and Risk Assessment (THIRA), the State Preparedness Report; and deployed in conformance with those plans;

3. Shall be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan;

4. Shall be subject to the requirements of Title 2 CFR Part 200.313 and 200.314. For the purposes of this subsection, “Equipment” is defined as nonexpendable property that is not consumed or does not lose its identity by being incorporated into another item of equipment, which costs $5,000 or more per unit, or is expected to have a useful life of one (1) year or more.

5. Shall be used by SUB-RECIPIENT in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer useful for the original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency.

6. Shall be made available for use on other projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency.

7. Shall be recorded on a ledger. The record shall include: (a) description of the item of Equipment, (b) serial number or other identification number, (c) the source of funding for the property (including FAIN); (d) who holds the title, (e) date of acquisition; (f) the per unit acquisition cost of the Equipment, (g) percentage of federal participation in the project costs for the Federal award under which the property was acquired, (h) location, and (i) use and condition of Equipment, and (j) ultimate disposition data including the date of disposal and sale price of the property. Records must be retained pursuant to 2 CFR Part 200.313.

8. All equipment obtained under this Agreement shall have an ASAUA identification decal affixed to it, and, when practical, shall be affixed where it is readily visible.

9. A physical inventory of the Equipment shall be taken and the results reconciled with the Equipment records at least once every two years. 44 10
Inventory shall also be taken prior to any UASI, State or Federal monitor visits.

10. SUB-RECIPIENT shall exercise due care to preserve and safeguard equipment acquired with grant funds from damage or destruction and shall provide regular maintenance and such repairs for said equipment as necessary, in order to keep said equipment continually in good working order. Such maintenance and servicing shall be the sole responsibility of SUB-RECIPIENT, who shall assume full responsibility for maintenance and repair of the equipment throughout the life of said equipment.

11. SUB-RECIPIENT shall identify a Point-of-Contact (POC) to be responsible for all Equipment prior to the receipt of the item(s). POC will serve as the custodian of the Equipment. SUB-RECIPIENT shall notify the CITY of any change in the POC and assume the responsibility of advising the new custodian of all UASI grant program guidelines and requirements.

12. SUB-RECIPIENT shall contact the ASAUA Grant Office prior to initiating the disposition process. Disposal of equipment shall be conducted pursuant to 2 CFR Part 200.313. The ASAUA will contact the awarding agency for disposition instructions, if necessary, prior to any action being taken.

E. Any training paid pursuant to this Agreement shall conform to the guidelines as listed in FY2021 Homeland Security Grant Program, as set forth above. All training expenses must be pre -authorized by CalOES. A catalogue of Grantor approved and sponsored training courses is available at https://cdp.dhs.gov/.

F. Any exercise paid pursuant to this Agreement shall conform to the guidelines as listed in FY202 1 Homeland Security Grant Program, as set forth above.

Detailed Homeland Security Exercise and Evaluation Program Guidance is available at https://www.fema.gov/emergency-managers/national- preparedness/exercises/hseep.

G. Any planning paid pursuant to this Agreement shall conform to the guidelines as listed in FY2021 Homeland Security Grant Program, as set forth above.

H. Any organizational activities paid pursuant to this Agreement shall conform to the guidelines as listed in FY2021 Homeland Security Grant Program, as set forth above.
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III. PAYMENT

§301. Payment of Grant Funds and Method of Payment

A. CITY may, a) transfer to SUB-RECIPIENT, equipment or services purchased with grant funds; or, b) reimburse SUB -RECIPIENT for the purchase of authorized equipment, exercises, services or training upon receiving prior written approval from CITY or its designee and in accordance with grant guidelines and in full compliance with all of the SUB-RECIPIENT’S purchasing and bidding procedures. SUB-RECIPIENT shall specify the equipment, exercises, services or training to be purchased using the Application for Project Funding. A copy of this document will be provided to SUB-RECIPIENT by CITY. If additional copies of the document are needed, SUB -RECIPIENT may contact the Santa Ana Grant Coordinator and it will be provided. Funds may be used for planning, exercises, organizational and training activities, and the purchase of equipment as described in Section 202 above.

B. SUB-RECIPIENT shall provide invoices to the CITY requesting payment and all supporting documentation. Each reimbursement request shall be accompanied by the Reimbursement Request for Grant Expenditures detailing the expenditures made by SUB -RECIPIENT as authorized by Section 202 above. Each reimbursement request shall be submitted to the Santa Ana UASI Grant Office. For equipment for which SUB -RECIPIENT is requesting reimbursement, all appropriate back-up documentation must be attached to the reimbursement form, including invoices, proof of payment, packing slips, and Equipment Reimbursement Worksheet. For training reimbursements, SUB- RECIPIENT must include a copy of any certificates issued or a copy of the class roster verifying training attendees, proof that a CalOES tracking number has been assigned to the course, timesheets and payroll registers for all training attendees, receipts for travel expenses related to the training, and Training Reimbursement Worksheet. For regional project reimbursements, SUB-RECIPIENT must include approval from the lead agency for all submitted invoices.

C. Payment of final invoice shall be withheld by the CITY until the SUB- RECIPIENT has turned in all supporting documentation and completed the requirements of this Agreement.

D. It is understood that the CITY makes no commitment to fund this Agreement beyond the terms set forth herein.

E. Funding for all periods of this Agreement is subject to the continuing availability to the CITY of federal funds for this program. The Agreement may be terminated immediately upon written notice to SUB-RECIPIENT of a loss or reduction of federal grant funds.
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IV. STANDARD PROVISIONS

§401. Construction of Provisions and Titles Herein

All titles or subtitles appearing herein have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against either party. The word "Sub-recipient" herein and in any amendments hereto includes the party or parties identified in this Agreement. The singular shall include the plural. If there is more than one Sub - recipient as identified herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used.

§402. Applicable Law, Interpretation and Enforcement

Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, and the CITY. This Agreement shall be enforced and interpreted under the laws of the State of California and the CITY.

If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions of provisions shall not be affected thereby.

§403. Integrated Agreement

This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only by a written instrument executed by both parties hereto.

§404. Excusable Delays

In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension.

Circumstances deemed to be beyond the control of the parties hereunder shall include, but not be limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Loc al Government in either sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes, freight embargoes or delays in transportation; to the extent that they are not caused by the party's willful or negligent acts or omissions and to the extent that they are beyond the party's reasonable control.

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§405. Breach

Except for excusable delays, if any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated.

§406. Prohibition Against Assignment or Delegation

SUB-RECIPIENT may not, unless it has first obtained the written permission of the CITY:

A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or

B. Delegate, subcontract, or otherwise transfer any of its duties hereunder.

§407. Permits

SUB-RECIPIENT and its officers, agents and employees shall obtain and maintain all permits and licenses necessary for SUB-RECIPIENT performance hereunder and shall pay any fees required therefore. SUB-RECIPIENT further certifies to immediately notify the CITY of any suspension, termination, lapses, non-renewals or restrictions of licenses, certificates, or other documents.

§408. Bonds

SUB-RECIPIENT must purchase a performance bond for any equipment item over $250,000 or any vehicle (including aircraft or watercraft) financed with homeland security funds. SUB-RECIPIENT must provide a copy of performance bond to CITY no later than the time of reimbursement.

§409. Indemnification

To the fullest extent of the law, SUB-RECIPIENT agrees to indemnify, defend, and hold harmless the City of Santa Ana, its officers, agents, employees, representatives and designated volunteers from and against any and all claims, demands, defense costs, or liability of any kind or nature arising out of or resulting from, or any way connected with SUB-RECIPIENT’S acts, errors or omissions in the performance of SUB-RECIPIENT’S services or use of grant funds under the terms of this Agreement.

§410. Conflict of Interest

A. SUB-RECIPIENT covenants that none of its directors, officers, employees, or agents shall participate in selecting, or administrating any subcontract supported (in whole or in part) by Federal funds where such person is a 48 14
director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being motivated by a desire for personal gain for themselves or others such as family business, etc.; or where such person knows or should have known that:

1. A member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract;

2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or

3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et seq. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract.

B. Definitions:

1. The term "immediate family" includes but is not limited to domestic partner and/or those persons related by blood or marriage, such as husband, wife, father, mother, brother, sister, son, daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law.

2. The term "financial or other interest" includes but is not limited to:

a. Any direct or indirect financial interest in the specific contract, including a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward.

b. Any of the following interests in the subcontractor ownership: partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body.

C. The SUB-RECIPIENT further covenants that no officer, director, employee, or agent shall solicit or accept gratuities, favors, anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent).

D. The SUB-RECIPIENT shall not subcontract with a former director, officer, or employee within a one year period following the termination of the relationship between said person and the Contractor.

E. Prior to obtaining the CITY’S approval of any subcontract, the SUB - RECIPIENT shall disclose to the CITY any relationship, financial or otherwise, direct or indirect, of the SUB-RECIPIENT or any of its officers, directors or employees or their immediate family with the proposed subcont ractor and its officers, directors or employees.

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F. For further clarification of the meaning of any of the terms used herein, the parties agree that references shall be made to the guidelines, rules, and laws of the SUB-RECIPIENT, State of California, and Federal regulations regarding conflict of interest.

G. The SUB-RECIPIENT warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Agreement.

H. The SUB-RECIPIENT covenants that no member, officer or employee of SUB- RECIPIENT shall have interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his/her tenure as such employee, member or officer or for one year thereafter.

I. The SUB -RECIPIENT shall incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this project and shall substitute the term "subcontractor" for the term "SUB-RECIPIENT" and "sub subcontractor" for "Subcontractor".

§411. Restriction on Disclosures

Any reports, analysis, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250, et seq.).

§412. Statutes and Regulations Applicable To All Grant Contracts

A. Compliance with Grant Assurances

To obtain the Grant Funds, the Grantor required an authorized representative of the CITY to sign certain promises regarding the way the Grant Funds would be spent (“Grant Assurances”), attached hereto as Exhibit A. By signing these Grant Assurances, the CITY became liable to the Grantor for any funds that are used in violation of the grant requirements. SUB-RECIPIENT shall be liable to the Grantor for any funds the Grantor determines SUB -RECIPIENT used in violation of these Grant Assurances. SUB-RECIPIENT shall indemnify and hold harmless the CITY for any sums the Grantor determines SUB - RECIPIENT used in violation of the Grant Assurances.

B. SUB-RECIPIENT shall comply with all applicable requirements of state, federal, county and SUB-RECIPIENT laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement. SUB -RECIPIENT shall comply with state and federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. SUB-RECIPIENT shall comply with new, amended, or revised laws, regulations, and/or procedures that appl y to the performance of this Agreement. These requirements include, but are not limited to:

1. Office of Management and Budget (OMB) Circulars
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SUB-RECIPIENT shall comply with 2 Code of Federal Regulations (CFR) Part 200 (Uniform Administrative, Cost Principles, and Audit Requirements for Federal Awards).

2. Single Audit Act

If Federal funds are used in the performance of this Agreement, SUB - RECIPIENT shall adhere to the rules and regulations of the Single Audit Act, 31 USC Sec. 7501 et seq.; Title 2 Code of Federal Regulations, Part 200, Subpart F Audit Requirements; and any administrative regulation or field memos implementing the Act. When reporting under on the FY202 1 UASI Grant Program under the Single Audit Act, SUB-RECIPIENT shall use Catalog of Federal Domestic Assistance (CFDA) Program Number 97.067 “Homeland Security Grant Program”; Grant Identification Number 2020 - 0095; and identify the City of Santa Ana as the Pass-Through.

3. False Claims Act

The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract.

4. Records Maintenance

Records, in their original form, shall be maintained in accordance with requirements prescribed by the CITY with respect to all matters covered on file for all documents specified in this Agreement.

Original forms are to be maintained on file for all documents specified in this Agreement. Such records shall be retained for a period of three (3) years after the CITY receives notification of grant closeout from CalOES, and after final disposition of all pending matters. "Pending matters" include, but are not limited to, an audit, litigation or other actions involving records. The CITY may, at its discretion, take possession of, retain and audit said records.

Records, in their original form pertaining to matters covered by this Agreement, shall at all times be retained within the County of Orange unless authorization to remove them is granted in writing by the CITY.

The Contractor agrees to provide CITY OF ORANGE,
the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
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The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

In compliance with section 1225 of the Disaster Recovery Reform Act of 2018, the CITY OF ORANGE and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

5. Subcontracts and Procurement

SUB-RECIPIENT shall comply with the federal and SUB - RECIPIENT standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts.

SUB-RECIPIENT shall ensure that the terms of this Agreement with the CITY are incorporated into all Subcontractor Agreements. The SUB-RECIPIENT shall submit all Subcontractor Agreements to the CITY for review prior to the release of any funds to the subcontractor. The SUB -RECIPIENT shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontra ctor Agreement.

a. Recovered Materials

SUB-RECIPIENT shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired competitively within a timeframe providing for compliance with the con tract performance schedule; Meeting contract performance requirements; or at a reasonable price.

Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive-procurement- guideline-cpg-program.

The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

b. Domestic Preference for Procurements

SUB-RECIPIENT should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.

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For purposes of this clause:

Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage t hrough the application of coatings, occurred in the United States.

Manufactured products mean items and construction materials composed in whole or in part of non -ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chlo ride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

6. Civil Rights

SUB-RECIPIENT shall comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§§1681 - 1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) The Age Discrimination act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601, et seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; (j) the requirements of any other nondiscrimination statute(s) which may apply to the application; and (k) P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance.

7. Equal Employment Opportunity

The regulation at 41 C.F.R. § 60 -1.4(b) requires, except as otherwise provided or exempted in 41 C.F.R. Part 60, the insertion of the following contract clause: “During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated 53 19
during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action 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. The contractor agrees to post in conspicuous pla ces, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the c ontractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner d iscriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not oth erwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and b y rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the contractor's noncompliance with the nondiscrimination 54 20
clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other

8. Davis-Bacon Act

If applicable per the standard described above, the NFE must include the provisions at 29 C.F.R. § 5.5(a)(1)-(10) in full into all applicable contracts, and all applicable contractors must include these provisions in full in any subcontracts.

9. Copeland “Anti-Kickback” Act.

Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract.

Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

10. Contract Work Hours and Safety Standards Act

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated 55 21
damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.

(3) Withholding for unpaid wages and liquidated damages. The CITY OF ORANGE shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.

(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.

11. Environmental Standards

a. Clean Air Act

The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

The contractor agrees to report each violation to the CITY OF ORANGE and understands and agrees that the CITY OF ORANGE will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office.

The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.

b. Federal Water Pollution Control Act (33 USC 1251)

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The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq.

The contractor agrees to report each violation to the CITY OF ORANGE and understands and agrees that the CITY OF ORANGE will, in turn, report each violation as required to assure notification to the CITY OF ORANGE, Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office.

The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.

12. Telecommunications

(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405 -143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115 -232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain
telecommunications products or from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the F ederal Emergency Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
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(iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or
(iv) Provide, as part of its perfor mance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(c) Exceptions.
(1) This clause does not prohibit contractors from providing—

(i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) By necessary implication and regulation, the prohibitions also do not apply to:

(i) Covered telecommunications equipment or services that:

i. Are not used as a substantial or essential component of any system; and
ii. Are not used as critical technology of any system.

(ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or
services.

(d) Reporting requirement.
(1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this claus e to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if 58 24
applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the inf ormation in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or
recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or
services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.

C. Statutes and Regulations Applicable To This Particular Grant

SUB-RECIPIENT shall comply with all applicable requirements of state and federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this particular grant program. SUB-RECIPIENT shall 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:

1. Title 2 Code of Federal Regulations (CFR) Part 200; EO 12372; Department of Justice (DOJ) Office of Judicial Programs (OJP) Office of the Comptroller, U.S. Department of Homeland Security, Preparedness Directorate Financial Management Guide; U.S. Department of Homeland Security, Office of Grants and Training, FY 2020 Homeland Security Grant Program –Notice of Funding Opportunity; ODP WMD Training Course Catalogue; and DOJ Office for Civil Rights.

Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code Chapter 7 of Division 1 of Title 2, § 8607.1(e) and CCR Title 19, §§ 2445-2448.

Provisions of 44 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; Part 38, Equal Treatment of Faith-based Organizations; Part 42, Nondiscrimination/Equal employment Opportunities Policies and Procedures; Part 61, Procedures 59 25
for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; Part 64, Floodplain Management and Wetland Protection Procedures; Federal laws or regulations applicable to federal Assistance Programs; Part 69, New Restrictions on Lobbying; Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub-awards) with Institutions of Higher Learning, Hospitals and other Non -Profit Organizations; and Part 83, Government - Wide Requirements for a Drug Free Workplace (grants).

2. Travel Expenses

SUB-RECIPIENT as provided herein may be compensated for SUB- RECIPIENT’S reasonable travel expenses incurred in the performance of this Agreement, to include travel and per diem, unless otherwise expressed. Travel including in-State and out-of- State travel shall not be reimbursed without prior written authorization from the UASI Grant Office.

SUB-RECIPIENT’S travel and per diem reimbursement costs shall be reimbursed based on the SUB-RECIPIENT’S travel policies and procedures. If SUB-RECIPIENT does not have established travel policies and procedures, SUB-RECIPIENT‘S reimbursement rates shall not exceed the amounts established under 5 U.S.C 5701 -11, (“Travel and Subsistence Expenses; Mileage Allowances”), or by the Administrator of General Services, or by the President (or his or her designee) pursuant to any provisions of such subchapter must apply to travel under federal awards (48 CFR 31.205-46(a)).

3. Debarment and Suspension

This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

The contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R.

Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

This certification is a material representation of fact relied upon by CITY OF ORANGE. If it is later determined that the contractor did not comply with 2 C.F.R.

Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to CITY OF ORANGE, the federal government may pursue available remedies, including but not limited to suspension and/or debarment.

The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in 60 26
its lower tier covered transactions.

4. Byrd Anti-Lobbying Amendment

Contractors who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress , or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal awarding agency.

5. Noncompliance

SUB-RECIPIENT understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds, and repayment by SUB-RECIPIENT to CITY of any unlawful expenditures. §413. Federal, State and Local Taxes

Federal, State and local taxes shall be the responsibility of SUB-RECIPIENT as an independent party and not as a CITY employee.

§414. Inventions, Patents and Copyrights

A. Reporting Procedure for Inventions

If any project produces any invention or discovery (Invention) patentable or otherwise under title 35 of the U.S. Code, including, without limitation, processes and business methods made in the course of work under this Agreement, the SUB -RECIPIENT shall report the fact and disclose the Invention promptly and fully to the CITY. The CITY shall report the fact and disclose th e Invention to the Grantor. Unless there is a prior agreement between the CITY and the Grantor, the Grantor shall determine whether to seek protection on the Invention. The Grantor shall determine how the rights in the Invention, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the policy (“Policy”) embodied in the Federal Acquisition Regulations System, which is based on Ch. 18 of title 35 U.S.C. Sections 200, et seq. (Pub. L. 95-517, Pub.

L. 98-620, 37 CFR part 401); Presidential Memorandum on Government Patent Policy to the Heads of the Executive Departments and Agencies, dated 2/18/1983); and Executive Order 12591, 4/10/87, 52 FR 13414, 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618,
12/22/87, 52 FR 48661, 3 CFR, 1987 Comp., p. 262). SUB-RECIPIENT hereby agrees to be bound by the Policy, and will contractually require its personnel to be bound by the Policy.
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B. Rights to Use Inventions

CITY shall have an unencumbered right, and a non -exclusive, irrevocable, royalty- free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Invention developed under this Agreement.

C. Copyright Policy

1. Unless otherwise provided by the terms of the Grantor or of this Agreement, when copyrightable material (“Material”) is developed under this Agreement, the author or the CITY, at the CITY’S discretion, may copyright the Material. If the CITY declines to copyrig ht the Material, the CITY shall have an unencumbered right, and a non-exclusive, irrevocable, royalty- free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement.

2. The Grantor shall have an unencumbered right, and a non-exclusive, irrevocable, royalty-free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement or any Copyright purchased under this Agreement.

3. SUB-RECIPIENT shall comply with all applicable requirements in the Code of Federal Regulations related to copyrights and copyright policy.

4. License and Delivery of Works Subject to Copyright and Data Rights . The Contractor grants to the CITY OF ORANGE , a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and gr ant to the CITY OF ORANGE or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U .S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the CITY OF ORANGE data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the CITY OF ORANGE.

D. Rights to Data

The Grantor and the CITY shall have unlimited rights or copyright license to any data first produced or delivered under this Agreement. “Unlimited rights” means 62 28
the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform and display publicly, or permit others to do so; as required by 48 CFR 27.401. Where the data are not first produced under this Agreement or are published copyrighted data with the notice of 17 U.S.C.

Section 401 or 402, the Grantor acquires the data under a copyright license as set forth in 48 CFR 27.404(f)(2) instead of unlimited rights. (48 CFR 27.404(a)).

E. Obligations Binding on Subcontractors

SUB-RECIPIENT shall require all subcontractors to comply with the obligations of this section by incorporating the terms of this section into all subcontracts.

F. No Obligation by Federal Government

The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-federal entity, contractor, or any other party pertaining to any matter resulting from the contract.

§415. Minority, Women, And Other Business Enterprise Outreach Program

It is the policy of the CITY to provide minority business enterprises (MBEs), women business enterprises (WBEs) and all other business enterprises an equal opportunity to participate in the performance of all SUB-RECIPIENT contracts, including procurement, construction and personal services. This policy applies to all Contractors and Sub-Contractors.
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V

DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS

§501. Defaults

Should SUB-RECIPIENT fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law.

§502. Amendments

Any change in the terms of this Agreement, including changes in the services to be performed by SUB -RECIPIENT and any increase or decrease in the amount of compensation which are agreed to by the CITY and SUB - RECIPIENT shall be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the parties thereto.

SUB-RECIPIENT agrees to comply with all future CITY directives, or any rules, amendments or requirements promulgated by the CITY affecting this Agreement.
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VI

ENTIRE AGREEMENT

§601. Complete Agreement

This Agreement contains the full and complete Agreement between the two parties. Neither verbal agreement nor conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement.

§602. Number of Pages and Attachments

This Agreement is executed in two (2) duplicate originals, each of which is deemed to be an original. This Agreement includes thirty-one (31) pages and three (3) Exhibits which constitute the entire understanding and agreement of the parties.
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IN WITNESS WHEREOF, the City and CITY OF ORANGE have caused this Agreement to be executed by their duly authorized representatives on the date first set forth above.

ATTEST:

By:______________________________
CITY OF SANTA ANA, a municipal Corporation
of the State of California

By:_________________________________

Clerk of the Council
Kristine Ridge
City Manager

RECOMMENDED FOR APPROVAL:

By:______________________________

SUB-RECIPIENT

CITY OF ORANGE
DUNS # 08-9140982
David Valentin
Chief of Police

By: ______________________________

Printed Name ______________________

Title ______________________________

APPROVED AS TO FORM:

By:______________________________
Tamara Bogosian
Senior Assistant City Attorney

APPROVED AS TO FORM

By:______________________________

Printed Name ______________________

Title ______________________________

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EXHIBIT A
California Governor’s Office of Emergency Services
FY2021 Grant Assurances
(All HSGP Applicants)

As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:

(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority

The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:

(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body; (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
(d) Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.

This Proof of Authority must be maintained on file and readily available upon request. 67 Initials

2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:

(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.

Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, recipients, or subrecipients:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state 68 Initials
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non-discrimination, including:

(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs; (e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin; (i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
69 Initials
(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(l) California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:

(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; (g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
70 Initials
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.

8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.

9. Access to Records
In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance.

12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. Part 170 Reporting Subaward and Executive Compensation Information.

13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310. 71 Initials

14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and
(b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.

16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more; (c) Assist the awarding agency in assuring compliance with Section 106 of the (d) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and (e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:

(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant 72 Initials
in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5.

These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.

20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

HOMELAND SECURITY GRANT PROGRAM (HSGP) –

PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS

21. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.

24. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. 73 Initials

25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R.

Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt.

Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

28. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942.

29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.

30. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.

31. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96- 517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

32. SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. 74 Initials

33. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.

34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

35. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
75 Initials

IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2021 ,Version 11.4, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

Subrecipient:

Signature of Authorized Agent:

Printed Name of Authorized Agent:

Title: Date:
76 EXHIBIT B

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY MATTERS

As required by Executive Order 12549, Debarment and Suspension, and implemented under the applicable CFR, for prospective participants in covered transactions, as defined in the applicable CFR

A. The applicant certifies that it and its principals:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency;

(b) Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal State or local) with commission of any of these offenses enumerated in paragraph (1) (b) of this certification; and

(d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State or local) terminated for cause or default; and

B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

Address:

Authorized Agent Signature

Printed or Typed Name

Title
Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under the applicable CFR covering New Restrictions on Government -wide Debarment and Suspension (Nonprocurement). The certification shall be treated as a material representation of fact upon which reliance will be placed when the Agency determines to award the covered transaction or cooperative agreement. 77 INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this document, the prospective recipient of Federal assistance funds is providing the certification as set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to whom this agreement is entered, if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous, when submitted or has become erroneous by reason of changed circumstances.

4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.

5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Procurement or Non Procurement Programs.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 78 EXHIBIT C

CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure Form to Report Lobbying" in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transactio n imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Subrecipient, as identified below, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Subrecipient understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

AGREEMENT NUMBER:

CONTRACTOR/BORROWER/AGENCY

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

SIGNATURE DATE
79 Agenda Item
City Council
Item #: 3.6. 9/13/2022 File #: 22-0485
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Agreement with the State of California Office of Traffic Safety for the Selective Traffic Enforcement Program for Federal Fiscal Year 2022-2023.

2. SUMMARY
Funding from the Office of Traffic Safety is being provided for the Selective Traffic Enforcement Program grant in the amount of $300,000. The funds will be used for overtime costs associated with DUI checkpoints, saturation patrols, motorcycle safety enforcement, distracted driving, know your limit, bike and pedestrian safety, and special enforcement operations with an emphasis on reducing traffic collisions.

3. RECOMMENDED ACTION

2. Accept into the City’s revenue budget a $300,000 grant from the California Office of Traffic Safety into revenue account number 100.4041.45290.30209, General Fund - OTS STEP Grant FY23.

3. Authorize the appropriation of $300,000 into the following Traffic Program expenditure accounts:
100.4041.50221.30209 Overtime - Safety OTS Grant 22-23 $257,356 100.4041.50222.30209 Overtime - Miscellaneous OTS Grant 22-23 23,937 100.4041.51840.30209 Local Training OTS Grant 22-23 661 100.4041.55131.30209 Equipment OTS Grant 22-23 18,046

4. FISCAL IMPACT
The total appropriations for this grant are funded by the additional revenue received from the State of California Office of Traffic Safety.

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

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6. DISCUSSION AND BACKGROUND
Through grant funding made available to California by the National Highway Traffic Safety Administration (NHTSA), the California Office of Traffic Safety (OTS) grant program provides funds to state and local agencies to eliminate fatalities, injuries, and economic losses resulting from motor vehicle crashes. OTS reviews local, county and state data to understand what is prompting crashes and has identified priority areas, determined to be effective in reducing motor vehicle crashes, injuries, and fatalities. The priority areas are listed below. · Alcohol-Impaired Driving · Distracted Driving
· Drug-Impaired Driving · Emergency Medical Services
· Motorcycle Safety · Occupant Protection
· Police Traffic Services · Pedestrian and Bicycle Safety · Roadway Safety and Traffic Records · Public Relations, Advertising, and Marketing Program An application for funding was submitted in January 2022, and conditionally approved for the Selective Traffic Enforcement Program (STEP) for Federal Fiscal Year 2022-2023 (FFY 22-23) in the amount of $300,000. The OTS STEP grant is a reimbursable grant and will be used to support the OTS mission to eliminate traffic fatalities and injuries on California roadways. Grant funded enforcement activities for FFY 22-23 include the following. · DUI/DL Checkpoints
· DUI Saturation Patrols
· Traffic Enforcement
· Distracted Driving Enforcement
· Motorcycle Safety Enforcement
· Pedestrian and Bicycle Enforcement
· Traffic Safety Education Presentations
· Know Your Limit Campaigns
Grant funds will be used for overtime costs associated with enforcement operations dedicated to stopping and apprehending suspected impaired drivers. Law enforcement personnel will conduct specialized traffic safety education presentations with an effort to reach and inform community members on topics such as distracted driving, DUI, speed, pedestrian and bicycle safety, seatbelts, and child passenger safety. In addition, special patrols will be used to enforce California’sdistracted driving laws, speed, aggressive driving, seat belt enforcement, and special enforcement operations encouraging motorcycle safety.

The grant will also provide funding to purchase on-scene DUI checkpoint supplies needed to conduct sobriety checkpoints and lighting used to illuminate DUI checkpoints and DUI traffic related collision scenes.

7. ATTACHMENTS
· OTS STEP Grant Agreement No. PT23135
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81 Agenda Item
City Council
Item #: 3.6. 9/13/2022 File #: 22-0485
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Agreement with the State of California Office of Traffic Safety for the Selective Traffic Enforcement Program for Federal Fiscal Year 2022-2023.

3. RECOMMENDED ACTION

2. Accept into the City’s revenue budget a $300,000 grant from the California Office of Traffic Safety into revenue account number 100.4041.45290.30209, General Fund - OTS STEP Grant FY23.

4. FISCAL IMPACT
The total appropriations for this grant are funded by the additional revenue received from the State of California Office of Traffic Safety.

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

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82 Item #: 3.6. 9/13/2022 File #: 22-0485

7. ATTACHMENTS
· OTS STEP Grant Agreement No. PT23135
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Agenda Item
City Council
Item #: 3.7. 9/13/2022 File #: 22-0494
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
First Amendment to Agreement with Transportation Studies, Incorporated for On-Call Traffic Data Collection Services.

2. SUMMARY
The City entered into an on-call agreement with Transportation Studies, Incorporated in August 2020.

Based on the City’sprojected needs, additional work beyond the original contract value needs to be performed. This First Amendment will provide for the necessary contract capacity.

3. RECOMMENDED ACTION
Approve the Amendment to Agreement with Transportation Studies, Incorporated for On-Call Traffic Data Collection Services; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this amendment is $40,100 and will be funded in Biennial Traffic Signal Coordination (16304) through Measure M2 (263).

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

6. DISCUSSION AND BACKGROUND
Traffic data, including vehicle, bicycle, and pedestrian counts, serve as the basis for the many engineering decisions made by Public Works staff each day. In addition, accurate and up-to-date traffic data are critical for long-range planning, assessing infrastructure performance, establishing signal timing and speed limits, completing grant applications, and maintaining eligibility for OCTA M2 dollars, among other things.

In the summer of 2020 and subsequent to a competitive procurement, the City entered into an Agreement with Transportation Studies, Incorporated (TSI) to assist with traffic data collection needs.

The original Agreement was executed for an amount not-to-exceed $29,900 and did not specify a term. In the two years since, TSI has fulfilled their contractual obligations to the City by providing reliable and timely traffic data for various applications. Staff anticipates additional traffic data collection activities in the amount of $40,100 will be required over the course of the next three years.

This Amendment (a) increases the Agreement’scapacity by $40,100, to $70,000 and (b) specifies an City of Orange Printed on 9/8/2022Page 1 of 2
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This Amendment (a) increases the Agreement’scapacity by $40,100, to $70,000 and (b) specifies an end date of September 30, 2025.

At the conclusion of the proposed term, staff will reassess the City’straffic data needs, and, through consultation with the Finance Department, determine the level/type of procurement necessary to ensure those needs are met.

7. ATTACHMENTS
· Agreement with TSI (AGR-7006)
· First Amendment
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Agenda Item
City Council
Item #: 3.7. 9/13/2022 File #: 22-0494
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
First Amendment to Agreement with Transportation Studies, Incorporated for On-Call Traffic Data Collection Services.

2. SUMMARY
The City entered into an on-call agreement with Transportation Studies, Incorporated in August 2020.

Based on the City’sprojected needs, additional work beyond the original contract value needs to be performed. This First Amendment will provide for the necessary contract capacity.

4. FISCAL IMPACT
The total expenditure for this amendment is $40,100 and will be funded in Biennial Traffic Signal Coordination (16304) through Measure M2 (263).

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

In the summer of 2020 and subsequent to a competitive procurement, the City entered into an Agreement with Transportation Studies, Incorporated (TSI) to assist with traffic data collection needs.

This Amendment (a) increases the Agreement’scapacity by $40,100, to $70,000 and (b) specifies an City of Orange Printed on 9/8/2022Page 1 of 2
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This Amendment (a) increases the Agreement’scapacity by $40,100, to $70,000 and (b) specifies an end date of September 30, 2025.

7. ATTACHMENTS
· Agreement with TSI (AGR-7006)
· First Amendment
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FIRST AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT
[On-Call Traffic Data Collection Services]

THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the “First Amendment”) is made and entered into as of _______________ , 2022, by and between the CITY OF ORANGE, a municipal corporation (“City”), and TRANSPORTATION STUDIES, INCORPORATED, a California corporation (“Contractor”), with reference to the following:

A. City and Contractor entered into a Professional Services Agreement (Agreement No.7006) dated July 17th , 2020, which is incorporated herein by this reference (the “Original Agreement”); and

B. City and Contractor desire to amend the Origina l Agreement to modify, amend and supplement certain portions of the Original Agreement by increasing the compensation and setting the 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 Agreement.

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

Section 3. Compensation. The total not -to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by FORTY THOUSAND ONE HUNDRED DOLLARS and 00/100 ($ 40,100.00) and Section 2.a is hereby amended in its entirety to read as follows:

“Contractor's total compensation for all services performed under this Agreement, shall not exceed SEVENTY THOUSAND DOLLARS and 00/100 ($70,000.00) without the prior written authorization of City.”

Section 4. Time of Completion. Section 10 of the Original Agreement is amended in its entirety to read as follows:

“10. Time of Completion . Contractor shall commence the work specified upon execution of the First Amendment and shall diligently prosecute completion of the work.

The Term of this First Amendment commences upon the Effective Date and expir es September 30, 2025.”

Section 5. Integration. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and 130
2 provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.

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

“CONTRACTOR” “CITY”

TRANSPORTATION STUDIES CITY OF ORANGE, a municipal corporation INCORPORATED, a California corporation

*By: By:

Printed Name: Mark A. Murphy, Mayor Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney

*NOTE: If Contractor is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to City. 131
Agenda Item
City Council
Item #: 3.8. 9/13/2022 File #: 22-0496
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with Fortel Traffic, Inc. for As-needed Procurement, Installation, and Maintenance of Speed Radar Feedback Signs and Related Electrical Devices.

2. SUMMARY
Speed radar feedback signs are effective speed management and traffic calming tools. Signs manufactured by Fortel Traffic, Inc. have been previously approved for single source procurement.

This agreement will enable the City to continue responding to traffic calming needs.

3. RECOMMENDED ACTION
Approve the agreement with Fortel Traffic, Inc. in the amount not-to-exceed $100,000 for As-needed Procurement, Installation, and Maintenance of Speed Radar Feedback Signs and Related Electrical Devices; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $100,000 and will be funded in Minor Traffic Control Devices (16302) through General Fund (500).

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

6. DISCUSSION AND BACKGROUND
Speeding on city streets continues to be one of the concerns most commonly expressed by residents and motorists. Of the more flexible tools for addressing such concerns is the speed radar feedback (digital speed display) sign.

In April 2022, along with the purchase of six speed radar feedback signs, the City Council approved Fortel Traffic, Inc. (Fortel) as a single source vendor. Those signs have since been delivered to the City. Subsequently, and in accordance with City purchasing guidelines, a $29,900 purchase order has already been issued to Fortel this fiscal year (FY 2022-23) to cover the cost of (a) installing signs at various locations in the City and (b) performing corrective maintenance on some legacy signs that were in need of repair.

Based on the effectiveness of the signs at encouraging slower speeds and their acceptance by our community and motoring public, staff anticipates the need to purchase, install, and maintain City of Orange Printed on 9/8/2022Page 1 of 2
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Item #: 3.8. 9/13/2022 File #: 22-0496
community and motoring public, staff anticipates the need to purchase, install, and maintain additional units, requiring that City Council approve an agreement with Fortel.

Based on projections, the proposed not-to-exceed amount of $100,000 is expected to cover potential needs through the end of the fiscal year. If additional contract capacity is required, a contract amendment may be executed. No budget appropriation is being requested at this time. The purchase order corresponding to this agreement will be funded incrementally and as needed, through one of the City’s budgeted “maintenance-type” capital improvement projects (Minor Traffic Control Devices.)

7. ATTACHMENTS
· Agreement with Fortel Traffic, Inc.

City of Orange Printed on 9/8/2022Page 2 of 2
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Agenda Item
City Council
Item #: 3.8. 9/13/2022 File #: 22-0496
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with Fortel Traffic, Inc. for As-needed Procurement, Installation, and Maintenance of Speed Radar Feedback Signs and Related Electrical Devices.

2. SUMMARY
Speed radar feedback signs are effective speed management and traffic calming tools. Signs manufactured by Fortel Traffic, Inc. have been previously approved for single source procurement.

This agreement will enable the City to continue responding to traffic calming needs.

4. FISCAL IMPACT
The total expenditure for this agreement is $100,000 and will be funded in Minor Traffic Control Devices (16302) through General Fund (500).

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

Based on the effectiveness of the signs at encouraging slower speeds and their acceptance by our community and motoring public, staff anticipates the need to purchase, install, and maintain City of Orange Printed on 9/8/2022Page 1 of 2
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134
Item #: 3.8. 9/13/2022 File #: 22-0496
community and motoring public, staff anticipates the need to purchase, install, and maintain additional units, requiring that City Council approve an agreement with Fortel.

7. ATTACHMENTS
· Agreement with Fortel Traffic, Inc.

City of Orange Printed on 9/8/2022Page 2 of 2
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135

PROFESSIONAL SERVICES AGREEMENT
[As-Needed Procurement, Installation, and Maintenance of Speed Radar Feedback Signs and Related Electrical Devices Services]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of ____ ___________, 2022 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and FORTEL TRAFFIC , INC., a California corporation (“Contractor”), who agree as follows:

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

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

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

2. Compensation and Fees.

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

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

2.1 Term

a. The Initial Term of this Agreement is three (3) years (the “Initial Term”), commencing upon the Effective Date and expiring on September 30, 2025.

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2 3. Payment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

12. Reserved.

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

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

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

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

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

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

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

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

17. Indemnity.

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

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

(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or thef t sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active 139
5 negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.

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

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

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

18. Insurance.

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

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

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

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

e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the 140
6 terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

21. Compliance with all Laws/Immigration Laws.

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

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

c. Contractor represents and warrants that it:

(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and
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8 (2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and

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

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

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

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

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

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

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

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

23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall 143
9 be of any force or effect unless it is in writing and signed by both parties. Any wo rk performed which is inconsistent with or in violation of the provisions of this Agree ment shall not be compensated.

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

“CONTRACTOR” “CITY”

Fortel Traffic, Inc. City of Orange
5310 E. Hunter Avenue 300 E. Chapman Avenue
Anaheim, CA 92807 Orange, CA 92866-1591
Attn.: Emery B. Dyer Attn.: Dave Allenbach

Telephone: (714) 701-9800 Telephone: (714) 744-5540 E-Mail: [email protected] E-Mail: [email protected]

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

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

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

“CONTRACTOR” “CITY”

FORTEL TRAFFIC, INC., CITY OF ORANGE, a municipal corporation a California corporation

*By: By:

Printed Name: Mark A. Murphy, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney

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

SCOPE OF SERVICES

• Procurement and delivery of speed radar feedback signs and related electrical devices

• Installation of above-mentioned signs and devices

• Corrective maintenance and repair of signs and devices

• Other services as required related to speed radar feedback signs 146
FTI Qualifications 083122.doc 1 8/31/2022

Wednesday, August 31, 2022

To: Larry Tay, T. E.

City of Orange
[email protected]

From: Emery B. Dyer, President
Fortel Traffic, Inc.

Re: Company qualifications, Brief biographies of Ke y Management and Operational Personnel

Fortel Traffic, Inc. (FTI) is a California (Anaheim ) based engineering, manufacturing and contracting company.

Established in 2001, we produce and provide our cus tomers with intelligent high visibility illuminated signs (fixed and mobile), Automatic License Plate Recognition Sy stems (fixed and mobile) and Software Systems. We specialize in ITS, VMS, CMS, DMS, Dual Message, Sta tic and ALPR systems. The multiple embedded featur es of our systems allow adaptation for many different typ es of applications. Speed Feedback, Monitoring, Me ssaging, Warnings, Wrong Way Detection, Travel Time, PTZ (st ationary, portable, and mobile) Cameras, Cloud base d, Cellular and Mobile App Software are among our stan dard products. We are a “Vision Zero” product part ner. All of our systems have the capability to prove their o wn effectiveness! We are “Making Roads and Neighbo rhoods Safe, Clean, and Green by monitoring speeds and types of vehicles!”

Unique Qualifications of the Company:

There are a number of reasons to choose Fortel Traf fic, Inc. as your prime contractor. As a manufactu rer it is important to note that FTI stands behind its produc t or the products(s) it represents. Building durab le, versatile, and effective traffic safety related equipment since it s inception has been its mission. FTI has a storie d history of establishing new and innovative traffic safety equi pment. In fact, FTI was instrumental in helping es tablish the specifications for speed feedback signage for the M anual of Uniform Traffic Control Devices also known as the MUTCD. Later innovations included various technolo gies associated with management and control of the signs through a centralized management system. Its produ cts (over 10,000 products sold in hundreds of local , state, federal, and international agencies) have always be en designed with the end user in mind, naturally le ading to equipment that has stood the test of time.

FTI is time tested having manufactured vehicle calm ing equipment for over two (2) decades in the marke t. The municipal agencies engineering department indicated that because the city has observed the product wor king for (15) years, the city would have to gamble to utiliz e a competitor’s product because of the uncertainty of whether a competitor’s product will work or not; and FTI is a company that has made traffic calming its specialt y. This laser focused strategy of manufacturing for over a decade vehicle calming products and listening to traffic engineers and other stakeholders, upgrading its capabilities in t he interest of the customer, has allowed FTI to sta y ahead of the competition in regard to features and benefits that the end user receives; and FTI has chosen to speci alize in the traffic calming area. FTI’s strategic intent to con tinually improve the product creates a different re lationship experience with agencies. FTI is more than just a competitor that for instance may have purchased ano ther company’s product with the sole motivation to sell the product as a low cost leader, and not necessari ly concentrate on spending capital on research and development for future features; and FTI being local services its product quickly having gone through factory certification providing personal and professional attention to servicing i ssues; and Scout™ is a progressive solution to accessing and m anaging the equipment. No other company has such a way of extracting the information, graphing, and doing the heavy lifting including effective reporting requirements.

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FTI Qualifications 083122.doc 2 8/31/2022

Brief biographies of Key Management and Operational Personnel:

Emery Dyer, President: The Founder and President, M r. Emery B. Dyer, of Fortel Traffic is recognized a s an expert in Traffic Safety. As an Engineer he is always look ing for a better way to protect our children. Mr. D yer’s record of unequalled commitment, his vision, and ethic is what puts Fortel Traffic at the forefront of this important industry. A relentless inventor and customer advocate, he has d eveloped and brought to market hundreds of traffic safety products, including one of the original radar speed -feedback signs. Before starting Fortel, he served as Vice President at Synchronex, a manufacturer of traffic signals and safety equipment.

Mr. Dyer holds two U.S. Patents and a California C-10 Electrical Contractor License #954785.

Kari Laitinen, Executive JD/ MBA, General Counsel, Operational Manager: Mr. Laitinen has 20+ years of experience working with private equity firms, asset management, hedge funds, and investment banks – wi th a solid track record of originating complex financial trans actions. Skilled at launching and capitalizing comp anies, he has created structured product(s) with international in vestment banks, acquired and sold businesses (buy/s ell-side M&A), reorganized/ recapitalized companies, perform ed business valuation(s), and raised over one-hundr ed million dollars for start-up funds/ organizations. Kari is known for his creativity in finding and creating ne w sources of revenue – often through grant writing – for compani es. Mr. Laitinen holds an Executive Juris Doctorate (EJD) from Concord University and an MBA from Pepperdine University.

Allison Perez, Controller: Ms. Perez has served as General Manager and Financial Controller for Fortel since 2012, and brings over 20 years of accounting and manageme nt expertise. Prior to joining Fortel, she served as Controller, operations management, and human resources manager for manufacturing companies and transportation logi stics companies.

Thomas Frantz, IT Manager: Mr. Frantz has served as the Information Technology manager for Fortel sinc e 2013, and has over 20 years of experience with software e ngineering, network engineering, and system enginee ring principles. Prior to his service at Fortel he accel erated various startups in bringing products to mar ket in robotics, lighting and home automation industries. Mr. Frantz holds a Bachelor of Science in Computer Science fr om California State University, Fullerton.

Louis Rust, Service Manager: Mr. Rust has been over seeing the product installation teams and customer service teams at Fortel for three years and brings along ov er 15 years of operational and inventory management experience.

Prior to his appointment at Fortel, Louis served as warehouse manager, installation manager, and human resources manager in the printing, telecommunications, and office ergonomics industries.

Sincerely,

Emery B. Dyer
President
Fortel Traffic, Inc.

[email protected]
www.vcalm.com

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VCalm® Parts Schedule
Parts P/N Price
Controller 12VDC 8080-0169 790
Controller 24VDC 8080-0424 850
Driver 12-24VDC 8080-0000 275
Display, Upper 6x9 (Standard 6") 4080-0276 150
Display, Upper 6x9 (Medium 9") 8080-0347 225
Display, Upper 6x9 (Large 11") 8080-0311 245
Display, Digit 12" 8080-0282 125
Display, Digit 16" 8080-0296 175
Display, Digit 18" 8080-0315 275
Display, Digit 26" 8080-0312 375
Additional Digit (3 Digit Lower Displays) 4031-0227 279 SDHC Card (16GB) 8360-0105 13
GPS 4735-0000 263
Photodoide 4340-0000 272
Modem 4075-0000 850
Bluetooth 4077-0000 450
Radar SI-3C 4370-0312 974
Radar 331 4370-3311 850
Strobe (White Standard) 4242-0000 299
Dual Beacon System 4710-0000 1200
SD Drop Down 4080-0171 750
Hex Latch Assembly With Key 1012-3001 89
Anti Graffiti Lens 4050-0000 199
J11 Jumper 4039-1152 5
Modem 8035-1177 850
Modem Data Cable 4039-3001 49
Modem Antenna 8380-0058 133
Modem Antenna (Older 3G) 8380-0079 96
Bluetooth Data Cable 4039-3004 59
Strobe, White 8320-0550 195
Strobe, Blue 8320-0552 195
Strobe, Red 8320-0554 195
Strobe Wire Harness 4171-6582 25
Beacon J16 Cable 4036-0111 25
Radar (331) Cable 4039-3311 49
Terminal Block 8420-0001 20
Enclosure 8010-0004 975
Lens 8047-0000 289
Lens, Door Assembly 4447-0000 409
Hinge 8048-0000 48

VCALM VMS SPECIFIC

STANDARD CABLES/PARTS
STANDARD VCALM®VMS

STANDARD ASSEMBLIES / OPTIONS
VCalm® Parts Schedule 083122.xls 1 8/31/2022
149
Parts P/N Price
Gasket 4049-2552 49
Ribbon Cable Assy (Upper 6x9's) 4037-0000 198
Ribbon Cable Assy (Lower Digits) 4037-0015 59
Sign Mounting: Adjustable/Tiltable/Rotational 4230-1 000 650 Power Supply Assy, Large (Standard) 4039-0012 225
Power Supply, Small (L Series) 4039-0013 99
Power Supply, 100-240V (2 Phase) 8039-0240 94
Circuit Breaker 8420-0010 32
Photocell Adaptor 8440-9000 138
Wire, 3 conductor (per foot) 8461-1690 1
Solar Panel, 85w 8470-0855 498
Solar Panel, 100w 8470-1002 203
Solar Panel, 130w 8470-1312 485
Solar Panel Assy (Panel & Cables Only) 4444-1000
Solar Side of Pole Bracket 4230-1050 395
Solar Top of Pole Bracket 4230-1051 495
Solar Controller Assembly 4390-0101 270
Solar Controller (Small 6AMP, New Standard) 8390-003 8 134 Solar Controller (Standard 15AMP) 8390-0031 392
Solar Controller (Large 40AMP) 8390-0034 1090
Enclosure, Battery Box 4010-8000 660
Door 4010-8002 250
Lock 4040-1001 59
Solar Controller Wire Assy. 4470-0101 25
Battery Cable Assy. 4470-5000 25
Batteries, 79 AH 8410-0791 265
Batteries, 100AH 8410-0100 295
Batteries, 105 AH 8410-1051 325
Batteries, 110 AH 8410-0110 335
Solar Panel Telespar Mount (10-50W) 8020-0050 265
MC Cable 10' 8462-4620 29
MC Cable 15' 8462-4625 39
Battery Box Complete Assy 1000-4444 895
Fuse Holder 4470-0100 49
Fuse (5A) 8420-0103 11
Fuse (10A) 8420-0102 12
Mounting Brackets (4") 8210-0400 10
Mounting Brackets (6") 8210-0600 12
Mounting Brackets (8") 8210-0800 15
120V SPECIFIC

SOLAR SPECIFIC
VCalm® Parts Schedule 083122.xls 2 8/31/2022
150
Quote
Date
9/1/2022
Quote #
11105
Customer Name
City of Orange
300 East Chapman Ave
Orange, CA 92866
Ship To
City of Orange:

Terms
1% 10 Net 30
Rep
EBD
FOB
Destination
Project 11105 Labor Fee) 090122
Contact
Dave Allenbach
Phone
714-744-5536
Fax Freight
N/A
Total
Subtotal
Sales Tax (7.75%) This quote is good for 30 days. Sales tax will be added if a resale certificate is not provided. Standard lead time is 30 days. Expedite fee will be applied for faster shipping.

Thanks for the opportunity to Quote!
Item Description Qty U/M Price Each Total
5000-0040 Labor, Standard rate per hour (one man + b ucket truck) 1 ea 250.00 250.00 $250.00
$250.00
$0.00
151
Agenda Item
City Council
Item #: 3.9. 9/13/2022 File #: 22-0516
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Agreement with Triad Consulting & System Design Group, L.L.C. for security consulting services.

2. SUMMARY
This agreement with Triad Consulting & System Design Group, L.L.C. will provide security consulting services for access control system programming of the on-going access control system installation.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $25,000 from the Capital Bond Proceeds unreserved fund balance to expenditure account number 553.1601.56033.20347, Capital Bond Proceeds - Enterprise Access System.

2. Approve the agreement with Triad Consulting & System Design Group, L.L.C. in the amount of $25,000 for security consulting services, and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $25,000 and will be funded in Enterprise Access System (20347) through Capital Bond Proceeds (553).

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

Goal 2: Be a fiscally healthy community
d: Effectively manage and develop City assets.

6. DISCUSSION AND BACKGROUND
Triad Consulting & System Design Group, L.L.C. (Triad) recently provided services to the City to assess, recommend, and develop a Request for Proposals (RFP) for City-wide access control replacement. The Electronic Access Control Replacement RFP, which closed on September 17, 2020, addressed the need to replace three disparate door and gate electronic access control systems by folding that function into the City’sexisting unified Genetec security platform. On January 12, 2021, City Council approved an agreement with Siemens Industry, Inc. to perform the work detailed in the RFP. As the work is occurring, Triad is performing an oversight role for Siemens work.

The access control project installation has been completed for the Police Department and new Fire Headquarters/Fire Station 1 locations. The experience with Police and Fire locations underscores the City of Orange Printed on 9/8/2022Page 1 of 2
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Item #: 3.9. 9/13/2022 File #: 22-0516
Headquarters/Fire Station 1 locations. The experience with Police and Fire locations underscores the importance and value of additionally enlisting the security consultant’s specialized knowledge to coach and guide the continued programming of the system. The remaining locations will significantly benefit by injecting the security consultant’sexperience and influence. Staff believes this will create a sound foundation for the security platform upon which we continue to build. This is especially valuable as we are now progressing through the more complex phases of the project inclusive of the Main Library, Water Plant, Civic Center Campus (Admin, Public Works, Finance, and Community Services buildings), Corpyard (Fleet and Warehouse buildings), and Parks (El Camino, Steve Ambriz, Grijalva, Olive, Killefer).

7. ATTACHMENTS
· Professional Services Agreement with Triad Consulting City of Orange Printed on 9/8/2022Page 2 of 2
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153
Agenda Item
City Council
Item #: 3.9. 9/13/2022 File #: 22-0516
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Agreement with Triad Consulting & System Design Group, L.L.C. for security consulting services.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $25,000 from the Capital Bond Proceeds unreserved fund balance to expenditure account number 553.1601.56033.20347, Capital Bond Proceeds - Enterprise Access System.

2. Approve the agreement with Triad Consulting & System Design Group, L.L.C. in the amount of $25,000 for security consulting services, and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $25,000 and will be funded in Enterprise Access System (20347) through Capital Bond Proceeds (553).

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

Goal 2: Be a fiscally healthy community
d: Effectively manage and develop City assets.

The access control project installation has been completed for the Police Department and new Fire Headquarters/Fire Station 1 locations. The experience with Police and Fire locations underscores the City of Orange Printed on 9/8/2022Page 1 of 2
powered by Legistar™
154
Item #: 3.9. 9/13/2022 File #: 22-0516
Headquarters/Fire Station 1 locations. The experience with Police and Fire locations underscores the importance and value of additionally enlisting the security consultant’s specialized knowledge to coach and guide the continued programming of the system. The remaining locations will significantly benefit by injecting the security consultant’sexperience and influence. Staff believes this will create a sound foundation for the security platform upon which we continue to build. This is especially valuable as we are now progressing through the more complex phases of the project inclusive of the Main Library, Water Plant, Civic Center Campus (Admin, Public Works, Finance, and Community Services buildings), Corpyard (Fleet and Warehouse buildings), and Parks (El Camino, Steve Ambriz, Grijalva, Olive, Killefer).

7. ATTACHMENTS
· Professional Services Agreement with Triad Consulting City of Orange Printed on 9/8/2022Page 2 of 2
powered by Legistar™
155

PROFESSIONAL SERVICES AGREEMENT
[On Call Security Consulting & Program Management Services]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of __________ _____, 2022 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and TRIAD CONSULTING & SYSTEM DESIGN GROUP, LLC, a California limited liability company (“Contractor”), who agree as follows:

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

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

2. Compensation and Fees.

a. Contractor's total compensation for all services perform ed under this Agreement, shall not exceed TWENTY-FIVE THOUSAND DOLLARS and 00/100 ($25,000.00) without the prior written authorization of City.

3. Payment.

a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authori zed expenses and authorized extra work actually performed or incurred.
156
2 b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.

c. City will pay Contractor the amount invoiced within thirty (30) days of receipt of all deliverables.

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

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

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

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

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

157
3 8. Designated Persons. Only those qualifie d persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement.

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

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

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

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

12. Reserved.

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

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

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

a. Contractor shall not discrimi nate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed, and that em ployees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. 158
4 Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

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

Contractor further agrees that it shall not be eligible to work as the design/build firm for the project that is the subject of this Agreement.

17. Indemnity.

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

(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay 159
5 or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.

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

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

18. Insurance.

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

e. Each pol icy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences 160
6 that City is an additional insured as a contracti ng party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.

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

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

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

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

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

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

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

l. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for 161
7 review and approval. All coverages for subcontractors shall be subject to all of the requir ements stated herein.

21. Compliance with all Laws/Immigration Laws.

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

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

c. Contractor represents and warrants that it:

162
8 (2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and

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

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

23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing an d signed by both parties. Any work performed 163
9 which is inconsistent with or in violation of the provisions of this Agree ment shall not be compensated.

“CONTRACTOR” “CITY”

Triad Consulting & System Design Group, LLC City of Orange 2925 Mira Vista Way, 300 E. Chapman Avenue
Corona, CA 92881 Orange, CA 92866-1591
Attn.: Gregory Brandon Attn.: Mike Dering

Telephone: 949-943-9422 Telephone: 714-744-2285
E-Mail: [email protected] E-Mail: [email protected]

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

164
10 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.

“CONTRACTOR” “CITY”

TRIAD CONSULTING & SYSTEM CITY OF ORANGE, a municipal corporation DESIGN GROUP, LLC, a California
limited liability company

*By: By:

Printed Name: Mark A. Murphy, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney

EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
166

August 15, 2022

Mike Dering
Project Manager / Information Technology
City of Orange
Orange, CA 92866

Subject: On Call Professional Services Contract
Security Consulting & Program Management

Mike:

Thank you for the opportunity to provide an On Call professional consulting services for the access control system programing support for the Orange City-Wide on-going access control system installation . Triad has developed the following scope of services to include, but not limited to, and a Time and Material not to exceed fee of for data base migration consulting, project management, meetings, system program support and contractor management support services. The information contained herein describes listing of Triad’s services for the following site locations:
- Handy Park - Civic Center - Water Department - Fire HQ & FS #1 - El Camino Park - Admin Building - Main Building - PD HQ Building - Steve Ambriz Park - Finance Building - Warehouse
- Grijalva Park - Public Works Bldg. - South Water Yard - Olive Park - Community Services
- Killefer Park - Library
Scope of services:
• Project management
• Attend project/site meetings as requested by the City • Project coordination for the access control system
• System Integration Consulting
• Vendor Coordination
• Technical support
• Provide administrative functions of the systems (as needed) • Programming (as needed)
• Data Base management support
• Technical support to City Technical Staff to End Users • Review system log files
• Coordinate with the City to configure system to meet long-term goals • Coordinate with the City to re -configure existing configuration , as needed, to meet current Access Control system requirements and future growth

167

Proposed Fee: Not to exceed $25,000 for this agreement
Triad will bill monthly for services for actual time spent according to the following standard hourly rates.

PROFESSIONAL FEES (PER HOUR)
Principal $240
Senior Security Consultant $180
Project Manager $175
Senior System Project Engineer $175
Project Designer $120
Senior A/V Engineer $195
Project Coordinator $100
Computer Design Specialist $90
Administration $80

Sincerely,

Gregory W. Brandon
Principal / Owner
Triad Consulting & System Design Group

168
Agenda Item
City Council
Item #: 3.10. 9/13/2022 File #: 22-0392
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Appropriation of $80,000 from the California Energy Commission to be used for upgrading existing automated permit processing program.

2. SUMMARY
The California Energy Commission solicited a funding opportunity through California Automated Permit Processing Program (CalAPP) to assist with establishing online automated solar permitting.

The City of Orange received $80,000 which was based on the City’s population.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $80,000 in CalAPP funds from the California Energy Commission into revenue account 550.5013.45290.30208, Reimbursable Capital Projects - CalAPP.

2. Authorize the appropriation of $80,000 in the following expenditure account number 550.5013.56572.30208, Reimbursable Capital Projects - CalAPP.

4. FISCAL IMPACT
The total appropriations for this grant are funded by the additional revenue received from the California Energy Commission.

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

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

6. DISCUSSION AND BACKGROUND
The California Energy Commission solicited a funding opportunity through the California Automated Permit Processing Program (CalAPP) to assist with establishing online automated solar permitting.

Based on population size, the City of Orange received a $80,000 grant.

The City’scurrent permit software system has been in place since 1999 and has not been updated in over two years. Staff proposes to replace the system with a more modern structure that utilizes automation to the full extent possible. To that end, these funds will go towards the purchase and implementation of a new system that will allow online residential solar permitting online within the City of Orange Printed on 9/8/2022Page 1 of 2
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169
Item #: 3.10. 9/13/2022 File #: 22-0392
implementation of a new system that will allow online residential solar permitting online within the allowed use of these grant funds. This will streamline the permitting process for many solar systems by allowing applicants to simply apply online in lieu of having to come to City Hall to obtain a permit.

As the implementation process is complex, staff anticipates work to commence in late spring of 2023.

7. ATTACHMENTS
· None
City of Orange Printed on 9/8/2022Page 2 of 2
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170
Agenda Item
City Council
Item #: 3.10. 9/13/2022 File #: 22-0392
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Appropriation of $80,000 from the California Energy Commission to be used for upgrading existing automated permit processing program.

The City of Orange received $80,000 which was based on the City’s population.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $80,000 in CalAPP funds from the California Energy Commission into revenue account 550.5013.45290.30208, Reimbursable Capital Projects - CalAPP.

2. Authorize the appropriation of $80,000 in the following expenditure account number 550.5013.56572.30208, Reimbursable Capital Projects - CalAPP.

4. FISCAL IMPACT
The total appropriations for this grant are funded by the additional revenue received from the California Energy Commission.

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

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

Based on population size, the City of Orange received a $80,000 grant.

The City’scurrent permit software system has been in place since 1999 and has not been updated in over two years. Staff proposes to replace the system with a more modern structure that utilizes automation to the full extent possible. To that end, these funds will go towards the purchase and implementation of a new system that will allow online residential solar permitting online within the City of Orange Printed on 9/8/2022Page 1 of 2
powered by Legistar™
171
Item #: 3.10. 9/13/2022 File #: 22-0392
implementation of a new system that will allow online residential solar permitting online within the allowed use of these grant funds. This will streamline the permitting process for many solar systems by allowing applicants to simply apply online in lieu of having to come to City Hall to obtain a permit.

As the implementation process is complex, staff anticipates work to commence in late spring of 2023.

7. ATTACHMENTS
· None
City of Orange Printed on 9/8/2022Page 2 of 2
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172
Agenda Item
City Council
Item #: 3.11. 9/13/2022 File #: 22-0492
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Rejection of all bids for Annual Concrete Replacement Phase I, Fiscal Year 2022-2023; Bid No. 22-

23.04. 2. SUMMARY
Bids for the Annual Concrete Replacement Phase I, Fiscal Year 2022-2023 were received and opened on August 11, 2022. One bidder responded to the notice inviting bids. The apparent low bidder is Gentry General Engineering of Rancho Cucamonga, California in the amount of $690,600.

Since their bid is higher than the budgeted amount, staff recommends rejecting all bids and re- advertising this project with a revised scope.

3. RECOMMENDED ACTION
Reject all bids received and authorize the re-advertisement of this project with new Bid No. 22-23.09.

4. FISCAL IMPACT
The total expenditure, including the 15% contingency, for this project, is $500,000 and will be funded in Citywide Sidewalk Assessment Program (20441) and operating expenditures through:

Measure M (263) $150,000
Capital Projects (500) 350,000
Total: $500,000

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

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

6. DISCUSSION AND BACKGROUND
The City Council previously approved an advertisement for bids on July 12, 2022. The bid solicitation was advertised on July 28, 2022 for a period of two weeks and bids were opened on August 11, 2022. One bid was received from Gentry General Engineering in the amount of $690,600. Since their bid is higher than the budgeted funds of $500,000 allocated for this project, staff recommends rejecting all bids and re-advertising this project. Staff will review project scope and revise as City of Orange Printed on 9/8/2022Page 1 of 2
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necessary to bring the project within budget prior to re-advertising.

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

7. ATTACHMENTS
· Bid Abstract
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Agenda Item
City Council
Item #: 3.11. 9/13/2022 File #: 22-0492
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Rejection of all bids for Annual Concrete Replacement Phase I, Fiscal Year 2022-2023; Bid No. 22-

Since their bid is higher than the budgeted amount, staff recommends rejecting all bids and re- advertising this project with a revised scope.

3. RECOMMENDED ACTION
Reject all bids received and authorize the re-advertisement of this project with new Bid No. 22-23.09.

Measure M (263) $150,000
Capital Projects (500) 350,000
Total: $500,000

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

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

6. DISCUSSION AND BACKGROUND
The City Council previously approved an advertisement for bids on July 12, 2022. The bid solicitation was advertised on July 28, 2022 for a period of two weeks and bids were opened on August 11, 2022. One bid was received from Gentry General Engineering in the amount of $690,600. Since their bid is higher than the budgeted funds of $500,000 allocated for this project, staff recommends rejecting all bids and re-advertising this project. Staff will review project scope and revise as City of Orange Printed on 9/8/2022Page 1 of 2
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necessary to bring the project within budget prior to re-advertising.

7. ATTACHMENTS
· Bid Abstract
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City of Orange: Summary of Bid Abstracts for:

Annual Concrete Replacement, Phase I, FY 2022-23 1
Bid No. 22-23.04; SP-4221 Gentry General Engineering, Inc.

Date of Bid Opening: August 11, 2022 @ 2:00 pm 9277 Archibald Ave.

Rancho Cucamonga, CA 91730
ENGINEER'S ESTIMATE Tel. No. (909) 330-1128
NO. DESCRIPTION OF WORK QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Sawcut, Remove and Replace Existing
Residential/Arterial Sidewalk Per City
Standard Plan No. 118 & 120
22,000 SF 14.00$ 308,000.00$ $18.00 $396,000.00
2 Sawcut & Remove Existing and
Construct Residential/Arterial Concrete
Curb and Gutter, Type A per City
Standard Plan No. 117 (8" or Match
Existing Curb Height)
800 LF 50.00$ 40,000.00$ $178.00 $142,400.00
3 Remove Existing and Construct
Residential Concrete Driveway Apron
Per City City Standard Plan No. 116
800 SF 15.00$ 12,000.00$ $34.00 $27,200.00
4 Sawcut Remove and Replace Existing
Concrete Cross Gutter and/or Spandrel
per City Standard Plan No. 119
2,500 SF 25.00$ 62,500.00$ $41.00 $102,500.00
5 Residential and Arterial Sidewalk
Grinding
750 LF 17.00$ 12,750.00$ $30.00 $22,500.00
Total 435,250.00$ $690,600.00

Page 1 ends

177
Agenda Item
City Council
Item #: 3.12. 9/13/2022 File #: 22-0515
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 Plaza Park Safety Enhancement Project; and authorization to advertise for bids.

2. SUMMARY
Plans and specifications have been completed and the Plaza Park Safety Enhancement Project is ready to be advertised for bids. The total estimated construction cost including 15% for contingencies and 5% for construction engineering is $310,000.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for Bid No. 22-23.13 (SP-4230).

4. FISCAL IMPACT
The total expenditure for this contract, including contingencies and construction engineering, is $310,000 and will be funded in Minor Traffic Control Devices (16302) through Capital Projects (500).

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

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

6. DISCUSSION AND BACKGROUND
As Old Towne Orange continues to transform into a regional destination, night-time traffic activity has increased substantially. At the same time, the combined effect of (1) the circular intersection’s geometry and (2) impaired drivers failing to navigate a traffic circle contributes to the potential of vehicle incursions into Plaza Park. A number of provisional traffic safety improvements have been introduced over the years to address errant vehicles entering the park. These have included signs, pavement markings, and signal timing changes on the “spoke streets.” Despite these measures, incursions continue to occur and warrant additional actions to improve safety.

The Plaza Park Safety Enhancement Project consists of the following improvements:

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· Installation of crash-rated bollards along pedestrian walkways. · Retrofitting existing Plaza Park perimeter bollards that face the street sections to be reinforced with concrete and steel rebar.
· Reconstruction of concrete walkway within reinforced bollard reconstruction areas with Old Towne color, finish, and pattern.
· Installation of electrical service and up lighting illuminating crash-rated bollards within walkways and cross lighting of trees for additional motorist visibility.

Public Works and Community Development staff have consulted with both the Old Towne Preservation Association (OTPA) and the City’sHistoric Preservation Consultant in developing the construction plan and selection of the bollard design and placement to ensure compatibility with the historic integrity of Plaza Park.

The total cost for Plaza Park Safety Enhancement Project is estimated at $310,000, including 20% for construction engineering and contingencies. Staff will return to the City Council and recommend any funding adjustments and award of contracts based on the outcome of the public bid.

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

Construction is scheduled to begin in January 2023 and is expected to be completed by March 2023 barring any unforeseen delays from material procurement and weather.

7. ATTACHMENTS
· Plaza Park Safety Enhancements Exhibit
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Agenda Item
City Council
Item #: 3.12. 9/13/2022 File #: 22-0515
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 Plaza Park Safety Enhancement Project; and authorization to advertise for bids.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for Bid No. 22-23.13 (SP-4230).

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 Plaza Park Safety Enhancement Project consists of the following improvements:

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· Installation of crash-rated bollards along pedestrian walkways. · Retrofitting existing Plaza Park perimeter bollards that face the street sections to be reinforced with concrete and steel rebar.
· Reconstruction of concrete walkway within reinforced bollard reconstruction areas with Old Towne color, finish, and pattern.
· Installation of electrical service and up lighting illuminating crash-rated bollards within walkways and cross lighting of trees for additional motorist visibility.

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

Construction is scheduled to begin in January 2023 and is expected to be completed by March 2023 barring any unforeseen delays from material procurement and weather.

7. ATTACHMENTS
· Plaza Park Safety Enhancements Exhibit
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Agenda Item
City Council
Item #: 3.13. 9/13/2022 File #: 22-0490
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. Rowena Tobias

2. Jennifer Vaughn

3. Courtnie Minchaca

4. D’anel Winsor

5. Yvonne Lewis

6. Daniel Kanu

7. Dina Marysol Cruz De Leon

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 Rowena Tobias alleging property damage when branches from a City tree fell on Claimant’s vehicle.

2. Claim for damages from Jennifer Vaughn alleging property damage to Claimant’sresidence when a window was broken by a rock that was thrown by machinery during the replacement of City trees.

3. Claim for damages from Courtnie Minchaca alleging personal injury when Claimant fell as a passenger in an Anaheim Regional Transportation bus.

4. Claim for damages from D’anelWinsor alleging personal injury when Claimant fell as a passenger in an Anaheim Regional Transportation bus.

5. Claim for damages from Yvonne Lewis alleging property damage when an individual crashed City of Orange Printed on 9/8/2022Page 1 of 2
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into a City light post and caused the light post to fall onto Claimant’s residence.

6. Claim for damages from Daniel Kanu alleging property damage to Claimant’svehicle’stire when Claimant drove over a pothole.

7. Claim for damages from Dina Marysol Cruz De Leon alleging personal injury when Claimant fell as a passenger in an OCTA bus.

7. ATTACHMENTS
· None.

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Agenda Item
City Council
Item #: 3.13. 9/13/2022 File #: 22-0490
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. Rowena Tobias

2. Jennifer Vaughn

3. Courtnie Minchaca

4. D’anel Winsor

5. Yvonne Lewis

6. Daniel Kanu

7. Dina Marysol Cruz De Leon

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 Rowena Tobias alleging property damage when branches from a City tree fell on Claimant’s vehicle.

2. Claim for damages from Jennifer Vaughn alleging property damage to Claimant’sresidence when a window was broken by a rock that was thrown by machinery during the replacement of City trees.

3. Claim for damages from Courtnie Minchaca alleging personal injury when Claimant fell as a passenger in an Anaheim Regional Transportation bus.

4. Claim for damages from D’anelWinsor alleging personal injury when Claimant fell as a passenger in an Anaheim Regional Transportation bus.

5. Claim for damages from Yvonne Lewis alleging property damage when an individual crashed City of Orange Printed on 9/8/2022Page 1 of 2
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into a City light post and caused the light post to fall onto Claimant’s residence.

6. Claim for damages from Daniel Kanu alleging property damage to Claimant’svehicle’stire when Claimant drove over a pothole.

7. Claim for damages from Dina Marysol Cruz De Leon alleging personal injury when Claimant fell as a passenger in an OCTA bus.

7. ATTACHMENTS
· None.

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Agenda Item
City Council
Item #: 3.14. 9/13/2022 File #: 22-0495
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Final Acceptance of Bid No. 20-21.07; Fire Station No. 1 and Headquarters; and authorization to file Notice of Completion.

2. SUMMARY
The project consisted of building a new Fire Station 1 and Headquarters facility, including but not limited to clearing and grubbing, site work preparation, grading, landscaping, traffic signal improvements, parking lot, remodel of existing warehouse, paving, sewer, water, storm drain, and all other associated infrastructure needed for a functional and operational Fire Station.

The City of Orange entered into a contract with Robert Clapper Construction Services, Inc. The work was completed to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION
Accept Fire Station No. 1 and Headquarters (SP-4071) as complete, and authorize staff to file Notice of Completion with the County Recorder.

4. ATTACHMENTS
· Notice of Completion and Acceptance
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Agenda Item
City Council
Item #: 3.14. 9/13/2022 File #: 22-0495
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Final Acceptance of Bid No. 20-21.07; Fire Station No. 1 and Headquarters; and authorization to file Notice of Completion.

The City of Orange entered into a contract with Robert Clapper Construction Services, Inc. The work was completed to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION
Accept Fire Station No. 1 and Headquarter (SP-4071) as complete, and authorize staff to file Notice of Completion with the County Recorder.

4. ATTACHMENTS
· Notice of Completion and Acceptance
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Orange
300 East Chapman Avenue
Orange, California 92866
Attention: City Clerk
[Space above this line for Recorder’s use only.]

THIS DOCUMENT IS RECORDED AT THE

REQUEST AND FOR THE BENEFIT OF THE CITY

OF ORANGE AND IS EXEMPT FROM THE

PAYMENT OF A RECORDING FEE PURSUANT
TO GOVERNMENT CODE SECTIONS 6103 AND
27383.

NOTICE OF COMPLETION AND ACCEPTANCE
NOTICE IS HEREBY GIVEN that work on that certain public work and improvements known as “Fire Station No. 1 and Headquarter (Bid No. 20-21.07; SP-4071;)” (herein referred to as the “Project”), for the owner, the City of Orange, a municipal corporation (herein referred to as the “City”), whose address is 300 E. Chapman Avenue, Orange, CA 92866, was completed and accepted by the City Council of the City of Orange on September 13, 2022 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project is at 1176 Chapman Avenue in the City of Orange, State of California. The contractor who performed (or caused to be performed) said public work and improvements were Robert Clapper Construction Services, Inc., a California corporation, with its principal office at 2223 N. Locust Avenue, Rialto, State of California.

The name of the surety on the Labor and Material Bond for the Project is United States Fire Insurance Company of, Delaware (Bond No. 6131022939) in the amount of $17,320,825.00 DATED as of the 13th day of September, 2022. CITY OF ORANGE, a municipal corporation By:

Mark A. Murphy, Mayor, City of Orange

STATE OF CALIFORNIA

COUNTY OF ORANGE
I, Mark A. Murphy, Mayor of the City of Orange, state that I have read the foregoing document know the contents thereof, and that the facts therein stated are true of my own knowledge. I hereby declare under penalty of perjury that the foregoing is true and correct.

DATED as of the 13th day of September, 2022 at Orange, California.

Mark A. Murphy, Mayor, City of Orange
I, Pamela Coleman, City Clerk for the City of Orange, hereby attest that Mark A. Murphy is known to me to be the Mayor of the City of Orange and known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that the City of Orange executed the same.

Pamela Coleman, City Clerk, City of Orange
189
Agenda Item
City Council
Item #: 3.15. 9/13/2022 File #: 22-0493
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of twenty-nine vehicles and equipment for various departments using a Cooperative Purchasing Agreement.

2. SUMMARY
Purchase and equip twenty-nine vehicles and equipment for various departments from South Coast Fire Equipment, Red Sky, National Auto Fleet Group, and Caterpillar, and donate fire apparatus to Queretaro, Mexico. The City Council has previously approved the Cooperative Purchasing Agreement as a vehicle and equipment procurement standard.

3. RECOMMENDED ACTION

1. Approve the purchase of one Pierce Tiller Arrow XT Fire Engine from South Coast Fire Equipment for $1,037,766.

2. Authorize the replaced Fire Seagrave Pumper, 2003 Seagrave, to be donated to Queretaro, Mexico.

3. Approve the purchase of one Ambulance from Red Sky for $444,772.

4. Approve the purchase of three Chevrolet Bolts, one Chevrolet Tahoe, one Dodge Durango, nine Ford F-150s, three Ford Explorers, one Ford Transit and five Ford Explorer Pursuits from the National Auto Fleet Group for a total of $972,122.

5. Approve the purchase of two backhoes and two trailers from Caterpillar for a total of $435,591.

6. Approve the purchase of safety equipment and supplies needed to equip the Fire Apparatus (Engine, Ambulance, and Pursuit vehicles) from various lowest qualified vendors for a total of $553,471.

4. FISCAL IMPACT
The total expenditure for these purchases is $3,443,722 and will be funded through to following:

Vehicle Replacement (720) $3,303,339
AQMD-AB 2766 Air Pollution Reduction (245) $98,563
Motor Vehicle Replacements (220) $41,820
Total $3,443,722
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Vehicle Replacement (720) $3,303,339
AQMD-AB 2766 Air Pollution Reduction (245) $98,563
Motor Vehicle Replacements (220) $41,820
Total $3,443,722

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

Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.

6. DISCUSSION AND BACKGROUND
The City Council has previously authorized a Cooperative Purchasing Agreement (CPA) using Houston-Galveston Area Council (HGAC) and Sourcewell as the standard for vehicle and equipment procurement, and this purchase is a continuation of that policy.

The replacement fire apparatus will be procured from Pierce Manufacturing and their local dealer, South Coast Fire Equipment through contract No. FS12-19 by HGAC for $1,037,766. The City has purchased fleet vehicles from South Coast Fire Equipment over the past six years. The City will receive a 4% discount ($35,639) on the apparatus net price using the HGAC contract and an upfront payment. The purchase price includes a performance bond for $2,239 to secure the upfront payment.

Upon placement of the order, the apparatus will take 25-26 months to build and equip, which is longer than previous orders of 16-18 months. The calculation for depreciation estimates the value of the replacement vehicle 2007 Seagrave Pumper, to be $6,500 to $8,500.

Like the fire engine, Braun and their local dealer Red Sky Emergency Vehicles were awarded contract number AM20BA16 for $444,772. The City has purchased fleet vehicles from Red Sky over the past five years. It will receive a repeat customer discount of ($28,753) and a prepayment discount of ($6,000) on the apparatus net price using the HGAC contract and an upfront payment for a total discount of ($34,753). The purchase price includes a performance bond for $2,000 to secure the upfront payment. Upon placement of the order, the apparatus will take 24-26 months to build and equip.

With the procurement of the new fire apparatus, Unit No. 1393, a 2003 Seagrave Reserve Fire Engine with 115,300 miles, will be coming out of service. Staff recommends donating the vehicle and the used fire equipment to the Queretaro Fire Department. Queretaro, Mexico, has been a sister city to the City of Orange for the past five decades. The fire service is a global community. Many fire departments help under-resourced fire departments in developing countries by providing firefighting gear and equipment that has reached the end of its service lifecycle in the U.S. but still has value for firefighters who may be using more senior gear and equipment. The calculation for depreciation estimates the value of the 2003 Seagrave Pumper to be $6,500 to $8,500.

National Auto Fleet was also awarded a Sourcewell contract number 120716-NAF for Cars, Trucks, Vans, SUVs, and Other Vehicles. Through this contract, National Auto Fleet Group pricing discounts range from 25.86% to 1% across 15 manufacturers, depending on the model. The average discount for this transaction is 10.87%, for a total savings of $102,164. This purchase includes three Chevrolet Bolts, one Chevrolet Tahoe, one Dodge Durango, nine Ford F-150s, three Ford Explorers, and five Ford Explorer Pursuits for $972,122.

Current or New Vehicle Replacement Vehicle Replacement Cost (3) New vehicles add to fleet (3) Chevrolet Bolt $98,564 (1) 2012 Dodge Charger (1) Chevrolet Tahoe $51,657
(1) 1999 Crown Victoria (1) Dodge Durango Pursuit $45,678 (5) 2018 Ford Explorer Pursuit (5) Ford Explorer Pursuit $265,169 (3) 2000/2001 Ford Explorer (3) Ford Explorer $114,335
(9) 2000/2001 Ford F-150 (9) Ford F-150 $344,286
(1) 2000 E-350 Club Wagon (1) Ford Transit $52,433
Total $972,122
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Item #: 3.15. 9/13/2022 File #: 22-0493Current or New Vehicle Replacement Vehicle Replacement Cost (3) New vehicles add to fleet (3) Chevrolet Bolt $98,564 (1) 2012 Dodge Charger (1) Chevrolet Tahoe $51,657
(1) 1999 Crown Victoria (1) Dodge Durango Pursuit $45,678 (5) 2018 Ford Explorer Pursuit (5) Ford Explorer Pursuit $265,169 (3) 2000/2001 Ford Explorer (3) Ford Explorer $114,335
(9) 2000/2001 Ford F-150 (9) Ford F-150 $344,286
(1) 2000 E-350 Club Wagon (1) Ford Transit $52,433
Total $972,122
This report includes the staff's recommendation to replace two twenty-plus-years old backhoes and trailers for the Public Works Department. Sourcewell awarded Caterpillar contract number 032119, and through this contract, the City will receive a 22% discount ($45,883) for the backhoes and a 10% discount ($4,382) for the trailers for a total cost of $435,591.

In addition to purchasing the safety vehicles, staff will use several lowest qualified vendors to equip the new engine, ambulance, and pursuit vehicles for communications and other safety equipment, not to exceed $553,471.

As is customary in public agencies, surplus vehicles will be auctioned after removing all equipment for approximately $10,000.

7. ATTACHMENTS
· CPA bids are available for review in the Purchasing Division · Letter from Bomberos Queretaro
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Agenda Item
City Council
Item #: 3.15. 9/13/2022 File #: 22-0493
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of twenty-nine vehicles and equipment for various departments using a Cooperative Purchasing Agreement.

3. RECOMMENDED ACTION

1. Approve the purchase of one Pierce Tiller Arrow XT Fire Engine from South Coast Fire Equipment for $1,037,766.

2. Authorize the replaced Fire Seagrave Pumper, 2003 Seagrave, to be donated to Queretaro, Mexico.

3. Approve the purchase of one Ambulance from Red Sky for $444,772.

4. Approve the purchase of three Chevrolet Bolts, one Chevrolet Tahoe, one Dodge Durango, nine Ford F-150s, three Ford Explorers, one Ford Transit and five Ford Explorer Pursuits from the National Auto Fleet Group for a total of $972,122.

5. Approve the purchase of two backhoes and two trailers from Caterpillar for a total of $435,591.

6. Approve the purchase of safety equipment and supplies needed to equip the Fire Apparatus (Engine, Ambulance, and Pursuit vehicles) from various lowest qualified vendors for a total of $553,471.

4. FISCAL IMPACT
The total expenditure for these purchases is $3,443,722 and will be funded through to following:

Vehicle Replacement (720) $3,303,339
AQMD-AB 2766 Air Pollution Reduction (245) $98,563
Motor Vehicle Replacements (220) $41,820
Total $3,443,722
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Vehicle Replacement (720) $3,303,339
AQMD-AB 2766 Air Pollution Reduction (245) $98,563
Motor Vehicle Replacements (220) $41,820
Total $3,443,722

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

Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.

Current or New Vehicle Replacement Vehicle Replacement Cost (3) New vehicles add to fleet (3) Chevrolet Bolt $98,564 (1) 2012 Dodge Charger (1) Chevrolet Tahoe $51,657
(1) 1999 Crown Victoria (1) Dodge Durango Pursuit $45,678 (5) 2018 Ford Explorer Pursuit (5) Ford Explorer Pursuit $265,169 (3) 2000/2001 Ford Explorer (3) Ford Explorer $114,335
(9) 2000/2001 Ford F-150 (9) Ford F-150 $344,286
(1) 2000 E-350 Club Wagon (1) Ford Transit $52,433
Total $972,122
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Item #: 3.15. 9/13/2022 File #: 22-0493Current or New Vehicle Replacement Vehicle Replacement Cost (3) New vehicles add to fleet (3) Chevrolet Bolt $98,564 (1) 2012 Dodge Charger (1) Chevrolet Tahoe $51,657
(1) 1999 Crown Victoria (1) Dodge Durango Pursuit $45,678 (5) 2018 Ford Explorer Pursuit (5) Ford Explorer Pursuit $265,169 (3) 2000/2001 Ford Explorer (3) Ford Explorer $114,335
(9) 2000/2001 Ford F-150 (9) Ford F-150 $344,286
(1) 2000 E-350 Club Wagon (1) Ford Transit $52,433
Total $972,122
This report includes the staff's recommendation to replace two twenty-plus-years old backhoes and trailers for the Public Works Department. Sourcewell awarded Caterpillar contract number 032119, and through this contract, the City will receive a 22% discount ($45,883) for the backhoes and a 10% discount ($4,382) for the trailers for a total cost of $435,591.

As is customary in public agencies, surplus vehicles will be auctioned after removing all equipment for approximately $10,000.

Bomberos Queretaro
Querétaro, Qro, México, August 24th, 2022
Sean deMetropolis
Fire Chief
City of Orange Fire Department
Dear Chief,
Asyouknow,theCityofOrangeandtheCityofQueretaro,Mexicohavebeensister citiessince1973.Duringthattime,therelationshipbetweenourFireDepartments hasbeenkeyinmakingsureourdepartmenthastheneededequipmenttoprovide servicetoapopulationofovertwomillionpeople.Withaverylimitedbudgetwe have proficiently used the donations provided in the past.

Currently,theQueretaroFireDepartmentservicestheCityofQuerétaroandprovides mutualaidtotheMetroAreaintheStateofQueretarowith6FireStations,running around4000FireandRescuecallsyearly.Duetothecontinuousgrowthofourcity's populationandourobjectiveofdecreasingourresponsetimestocomplywith Internationalstandards,wehavestartedtheprojectionofaStation7inthe north-west part of the city.

IthascometoourattentionthatareserveFireEngineoftheOrangeFireDepartment willbecomingoutofservice,thereforewouldliketorespectfullyasktobe consideredasadonationrecipientofit,aswellasoutdatedandnolongerinuse personal protective equipment, fire hoses, tools and miscellaneous equipment.

AlwaysgratefulwiththesupportreceivedfromtheCityofOrangeFireDepartment, wehopeforyourselfandyourfellowFirefightertobeabletocomeandvisitusagain in the near future.

Sincerely,
CP Myriam Vallarino Hernando
President
Zaragoza #90 Esq Ocampo, Centro Histórico, Querétaro, Qro, México. CP 76000 [email protected]
+52 442 212 1314
196
Agenda Item
City Council
Item #: 3.16. 9/13/2022 File #: 22-0513
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Authorize purchase of two Power Pro 2 gurneys from Stryker Medical as a sole source vendor.

2. SUMMARY
The Fire Department is seeking the sole source purchase of two Stryker Power Pro 2 gurneys to replace aging equipment in the field. To decrease costs, two of the oldest gurneys will be traded in for credit.

3. RECOMMENDED ACTION
Approve the purchase of two Power Pro 2 gurneys from Stryker Medical for $53,458.98.

4. FISCAL IMPACT
The total expenditure, after trade-in, is $53,458.98 and will be funded through 120.3022.56032.20166 - Equipment Replacement EMS Gurneys.

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

6. DISCUSSION AND BACKGROUND
The Fire Department currently maintains and operates one emergency medical services (EMS) gurney for each of the four front line and four reserve Rescue Ambulances for a total of eight gurneys. Capital Improvement Program (CIP) funding was approved in FY 2022-23 for the purchase of two replacement gurneys. The Fire Department would prefer to purchase these replacement gurneys before an announced price increase by Stryker Medical on October 1, 2022.

This purchase will replace two gurneys which have reached the end of their ten-year service life on reserve Rescue Ambulances. Stryker Medical is the sole source supplier for the Power Pro gurney that is currently used by the Fire Department.

7. ATTACHMENTS
· Sole Source letter
· Quote Number 10567864
City of Orange Printed on 9/8/2022Page 1 of 1
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197
Agenda Item
City Council
Item #: 3.16. 9/13/2022 File #: 22-0513
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Authorize purchase of two Power Pro 2 gurneys from Stryker Medical as a sole source vendor.

3. RECOMMENDED ACTION
Approve the purchase of two Power Pro 2 gurneys from Stryker Medical for $53,458.98.

4. FISCAL IMPACT
The total expenditure, after trade-in, is $53,458.98 and will be funded through 120.3022.56032.20166 - Equipment Replacement EMS Gurneys.

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

7. ATTACHMENTS
· Sole Source letter
· Quote Number 10567864
City of Orange Printed on 9/8/2022Page 1 of 1
powered by Legistar™
198
Emergency Care
3800 E. Centre Avenue, Portage, MI 49002 USA | P +1 269 329 2100 | Toll-free +1 800 327 0770 | stryker.com To whom it may concern,
Stryker certifies that we are the sole manufacturer of the Power-PRO™ 2 ambulance cot (Model 6507). This correspondence is to inform you of the characteristics of the Power-PRO 2 ambulance cot. These characteristics can be broken down into two primary categories: independent qualification and ease of use and maintenance.

Independent qualification
• IP36: The system is tested to withstand powerful water jets. • Conforms to IEC 60601-1, IEC 60601-1-2, IEC 60601-1-12: The Power-PRO 2 cot conforms to industry standards for mechanical and electrical safety for medical electrical equipment intended for use in emergency medical services environment, as well as electromagnetic compatibility and immunity. • Meets BS EN 1789 crash test safety standards when used with Power-LOAD/Performance-LOAD cot fas
tener and X-restraints: This is a European dynamic crash test which subjects a 50th percentile dummy to nominal 10g deceleration for a minimum of 50ms. Following the test there shall be no sharp edges or danger to the safety of persons in the road ambulance.
• Meets SAE J3027 dynamic crash test safety standards when used with Power-LOAD/Performance-LOAD cot fastener and X-Restraints.
• Designed to conform to KKK-A-1822, CAAS-GVS, NFPA-1917. • Meets the following:
o 16 CFR 1632 (U.S. Flammability)
o BS EN 597-1 (European Flammability)
o BS EN-1865-2, BS EN-1865-3 (European Power Assisted cots) o Meets AS/NSZ-4535 dynamic crash test safety standards when used with Power-LOAD cot fastener a
nd X-restraints.

E
ase of use and maintenance
• The cot has a weight capacity of 700 pounds.
• The cot has an adjustable loading height (up to 36 inches). Operators can use the cot control switches at the foot end of the cot to match any ambulance deck height. • The cot can extend to 84 inches to allow for better leverage when manually loading/unloading. • The cot can retract to 60 inches to allow for better mobility in tight spaces. • The lithium-ion battery is placed at the foot end of the cot and can be accessed with a single hand. • The battery's LED bars indicate battery power level, as well as charging and error status. • The cot features a foot end light to help medics navigate through dark environments. • Reflectors on the cot legs increase visibility for enhanced safety. • The cot is equipped with Smart Equipment Management™(SEM™), an interactive dashboard that helps you maximize your investment, minimize downtime and remotely manage your fleet. • When unloading with the manual release handle, the cot utilizes hydraulic dampening. The cot will not abruptly jar the operator or patient.
• The cot is equipped with a bumper detection system that will stop the extension of the legs if they are obstructed while the cot is suspended
.
• Th
e cot legs power-retract and power-extend in 1.5 seconds, which speeds load and unload time. 199

• The foot end lifting bars and cot control switches at two different heights provide optimum ergonomics to most operator heights.
• The transport height feature lowers the cot to a suggested level at the touch of a button for safe patient transport outside an ambulance.
• The foot end is equipped with a transport handle to provide better ergonomics while in transport height. • The cot has 6 x 2 inch, sealed casters and bearings, including integrated steer and wheel locks that can be activated from the head end or foot end of the cot.
• The cot features powder-coating of the entire aluminum frame (including the patient handling surfaces), eliminating aluminum oxidation throughout the cot.
• The cot is power washable.

Please contact your account manager for more information.

Sincerely,

John Guyeskey, Sr. Manager, Downstream Marketing

Stryker or its affiliated entities own, use, or have applied for the following trademarks or service marks: Power-LOAD, Power-PRO, SEM, Smart Equipment Management, Stryker. All other trademarks are trademarks of their respective owners or holders. The absence of a product, feature, or service name, or logo from this list does not constitute a waiver of Stryker’s trademark or other intellectual property rights concerning that name or logo.

200
Quote Summary
Delivery Address

End User - Shipping - Billing

Bill To Account

Name:

ORANGE CITY FIRE DEPT

Name:

ORANGE CITY FIRE DEPT

Name:

ORANGE CITY FIRE DEPT

Account #:

1061573

Account #:

1061573

Account #:

1061573

Address:

176 S GRAND ST

Address:

176 S GRAND ST

Address:

176 S GRAND ST

ORANGE

California 92866

Equipment Products:
#

Product

Description

Qty

Sell Price

Total

1.0 650705550001

6507 POWER PRO 2, HIGH CONFIG

2 $27,118.19

$54,236.38

Equipment Total:

$54,236.38

Trade In Credit:

Product

Description

Qty

Credit Ea.

Total Credit

TR-SPCOT-PP2

TR-SYK PCOT TO PP2

2 -$2,500.00

-$5,000.00

Price Totals:

Estimated Sales Tax (7.750%):

$3,815.82

Freight/Shipping:

$406.78

Grand Total:

$53,458.98

Comments/Terms/Signatures

Prices: In effect for 30 days

Terms: Net 30 Days

Contact your local Sales Representative for more information about our flexible payment options.

Power PRO2

Quote Number:

10567864

Remit to:

Stryker Medical

P.O. Box 93308

Version:

1 Chicago, IL 60673-3308

Prepared For:

ORANGE CITY FIRE DEPT

Rep:

Ryan Lovelady

Attn:

Email:

[email protected]

Phone Number:

Quote Date:

08/10/2022

Expiration Date:

11/08/2022

1 Stryker Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago, IL 60673-3308 201 Capital Terms and Conditions:

Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation approval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. Confidentiality Notice: Recipient will not disclose to any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by Stryker to Recipient in connection with this quote, without Stryker’s prior written approval, except as may be requested by law or by lawful order of any applicable government agency.

A copy of Stryker Medical's Acute Care capital terms and conditions can be found at https:// techweb.stryker.com/Terms_Conditions/index.html. A copy of Stryker Medical's Emergency Care capital terms and conditions can be found at https://www.strykeremergencycare.com/terms.

2 202
Agenda Item
City Council
Item #: 3.17. 9/13/2022 File #: 22-0501
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Conflict of Interest Code 2022 Local Agency Biennial Notice.

2. SUMMARY
Receive and file 2022 Local Agency Biennial Notice directing staff to make the appropriate amendments to the City’s Conflict of Interest Code.

3. RECOMMENDED ACTION

1. Receive and file the 2022 Local Agency Biennial Notice as submitted.

2. Determine that amendments to the City’sConflict of Interest Code are required to include new positions, revise titles of existing positions and delete titles of positions that have been abolished.

3. Direct staff to prepare a resolution amending the code for City Council approval within 90 days.

4. DISCUSSION AND BACKGROUND
The Political Reform Act requires every local government agency to review its conflict of interest code biennially. On June 14, 2022, Council directed staff to review the City’sConflict of Interest Code and file the requisite 2022 biennial notice prior to October 3, 2022.

During the review process, staff determined that an amendment is required to include new positions, revise titles of existing positions, and delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions.

The biennial notice must be filed with the agency’scode reviewing body. The City Council is the code reviewing body for the City; therefore, staff is requesting the City Council receive and file the 2022 Local Agency Biennial Notice declaring an amendment is required. Additionally, it is recommended that a resolution to amend the City’sCode to include such revisions be prepared for City Council approval within 90 days, pursuant to Political Reform Act requirements

7. ATTACHMENTS
· 2022 Local Agency Biennial Notice
City of Orange Printed on 9/8/2022Page 1 of 1
powered by Legistar™
203
Agenda Item
City Council
Item #: 3.17. 9/13/2022 File #: 22-0501
TO: Honorable Mayor and Members of the City Council
THRU: Rob Houston, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Conflict of Interest Code 2022 Local Agency Biennial Notice.

2. SUMMARY
Receive and file 2022 Local Agency Biennial Notice directing staff to make the appropriate amendments to the City’s Conflict of Interest Code.

3. RECOMMENDED ACTION

1. Receive and file the 2022 Local Agency Biennial Notice as submitted.

3. Direct staff to prepare a resolution amending the code for City Council approval within 90 days.

7. ATTACHMENTS
· 2022 Local Agency Biennial Notice
City of Orange Printed on 9/8/2022Page 1 of 1
powered by Legistar™
204
www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

Page 1 of 1 ends

Orange City CouncilSeptember 13, 2022

Orange City Council
September 13, 2022