Agenda packet — Orange City Council, March 14, 2023 (part 1 of 2)

Tom Kisela
Interim City Manager
Mary Binning
City Attorney
Pamela Coleman
City Clerk

DAN SLATER
Mayor

ARIANNA BARRIOS
Mayor pro tem, District 1

JON DUMITRU
Councilmember, District 2

KATHY TAVOULARIS
Councilmember, District 3

DENIS BILODEAU
Councilmember, District 4

ANA GUTIERREZ
Councilmember, District 5

JOHN GYLLENHAMMER
Councilmember, District 6
AGENDA
City Council
March 14, 2023
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 and fourth 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 Council 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.

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1 City Council Agenda March 14, 2023
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 written comments by 3:00 p.m. the day of the meeting. All written comments will be provided to the Council and posted on the City’s website.
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.

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 March 14, 2023
5:00 PM CLOSED SESSION

1. CALL TO ORDER

1.1 ROLL CALL

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

3. RECESS TO CLOSED SESSION
a. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(b)1.

Title: Finance Director
b. PUBLIC EMPLOYMENT
Pursuant to Government Code Section 54957(b)1.

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

City Negotiator: Tom Kisela, Interim City Manager
Employee Organizations: Orange City Firefighters, City of Orange Police Association, City of Orange Police Management Association
d. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to and initiation of litigation pursuant to Government Code Section 54956.9(d)(2) & (d)(4): (One potential case)
e. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) Name of Case: Patricia Kuklovsky, et al. v. City of Orange, et al.

Orange County Superior Court Case No. 30-2021-01196985

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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6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER

1.1 INVOCATION
Pastor Danny Kurimay, Orange Police Department Chaplain and Community Church

1.2 PLEDGE OF ALLEGIANCE
Councilmember Denis Bilodeau

1.3 ROLL CALL

1.4 PRESENTATIONS/ANNOUNCEMENTS
Orange High School Student Liaison Diego Paz, ASB Ambassador El Modena High School Student Liaison Ruby Hewitt, ASB School Board Representative
Community Partner Recognition
Orange County Sustainability Decathlon, Dr. Fred Smoller

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

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

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

Approve.

Recommended Action:

Staff ReportAttachments:

3.2. Confirmation of warrant registers dated February 2, 10, 16, and 24, 2023.

Recommended Action:

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4 City Council Agenda March 14, 2023
Approve.

Staff ReportAttachments:

3.3. Approval of minutes of the City of Orange City Council Special Meetings held on February 10 and February 14, 2023; and the Regular Meeting held on February 14, 2023.

Approve minutes as presented.

Recommended Action:

Staff Report
February 10, 2023, Special Meeting minutes
February 14, 2023, Special Meeting minutes
February 14, 2023, Regular Meeting minutes
Attachments:

3.4. Software Agreement with MaintStar, a California Corporation, for the purchase and upgrade of the City ’s work asset management system and land management system; and Agreement with LA Consulting for implementation services of work asset management system and land management system.

1. Approve the 5-year Software Agreement with MaintStar in the amount of $1,197,486 which includes the WAMS system amount of $539,112, the LMS system amount of $549,512, and a combined 10% contingency of $108,862, and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Approve the agreement with L .A. Consulting, Inc. for implementation services in the amount of $127,182 and authorize the Mayor and City Clerk to execute on behalf of the City.

3. Approve the purchase of 60 smart devices in the amount not to exceed $70,000.

Recommended Action:

Staff Report
Agreement with MainStar
Agreement with L.A. Consulting
Attachments:

3.5. Agreement with Verde Design for architectural and engineering design services for Hart Park Diamond 1 Field Improvements.

Approve agreement with Verde Design in the amount of $ 161,763.60 for design of the Hart Park Diamond 1 Field Improvements project (30133); and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Attachment 1 - Project Area Aerial Map
Attachment 2 - Verde Design Agreement
Attachments:

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3.6. Agreement with Hinderliter De Llamas & Associates (HdL) for Business License and Tax Services Software as a single source vendor.

Approve the three -year agreement with Hinderliter De Llamas & Associates (HdL) in the amount of $ 143,722 for Business License and Tax Services Software and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Software Services Agreement
Single Source Vendor certification
Attachments:

3.7. First Amendment to Agreement with Lance, Soll, & Lunghard, LLP for additional financial reporting services and a one-year term extension.

Approve First Amendment to the agreement with Lance, Soll, & Lunghard, LLP to initiate first extension year and the addition of services for the preparation and submission of the Annual Comprehensive Financial Report (ACFR) and the State Controller’s Report and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
First Amendment to Professional Services Agreement
Attachments:

3.8. Amendment to six Affordable Housing Agreements with Orange Housing Development Corporation for 10% loan forgiveness on each loan in exchange for early repayment to the City.

For the six Affordable Housing Agreements with Orange Housing Development Corporation to include:
a. Adams I: 1837-1841 E. Adams Avenue - Agreement 2951
b. Adams II: 1915, 1917, 1919 E. Adams Avenue - Agreement 3076 c. Adams III: 1741-1745 E. Adams Avenue - Agreement 3195 d. Alice Clark Orange Blossom Apartments: 141 East Walnut Avenue - Agreement 2538
e. Rose Street Apartments: 1743 E. Rose Avenue - Agreement 3121 f. Villa Modena: 4431 E. Marmon Avenue - Agreement 3507

1. Authorize staff to update amounts in the First Amendment to reflect the most current balances of each loan as of amendment approval date.

2. Approve the amendment to the six Affordable Housing Agreements with Orange Housing Development Corporation and authorize the City Manager to execute final agreement on behalf of the City after final amounts are determined, no later than March 18, 2023, and discount amounts not to exceed $158,000.

3. Accept into the City ’s revenue budget approximately $1,388,965.91 from Orange Housing Development Corporation into the following revenue account numbers:

Recommended Action:

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a. 921.0000.44100.00000-Principal Repayments $888,099.74 b. 921.0000.44151.00000-Interest - Deferred Loans $411,061.75 c. 317.0000.44100.00000-Principal Repayments $ 89,532.13 d. 317.0000.44151.00000-Interest - Deferred Loans $ 272.30 Staff Report
Amendment to OHDC Affordable Housing Loans Early Payoff Attachments:

3.9. Grant a utility easement to Southern California Edison on City of Orange property to facilitate the installation of support wire for a replacement electrical pole.

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

Recommended Action:

Staff Report
Easement Deed
Plat Map
Location Map
Attachments:

3.10. Appropriation of $ 36,414 in designated grant and disbursement funding received from California State Library and Santiago Library System.

1. Accept into the City ’s revenue budget $36,414 in grant and disbursement funds from California State Library and Santiago Library System into the following revenue account numbers in the General Fund: $30,000 into account number 100.2001.45290.30223, Palace Implementation Project Grant; and $6,414 into account number 100.2001.48390.19988, Santiago Library System.

2. Authorize the appropriation of $36,414 in grant and disbursement funds into the following expenditure account numbers in the General Fund: $30,000 into account number 100.3001.53301.30223, Books - Palace Implementation Project Grant; and $6,414 into account number 100.2001.53301.19988, Books - Santiago Library System.

Recommended Action:

Staff Report
Palace Implementation Project Grant Award Letter
Attachments:

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3.11. Appropriation of $ 443,515.03 in State of California Office of Emergency Services funding received.

1. Accept into the City ’s revenue budget $443,515.03 in strike team reimbursement funds from the California Office of Emergency Services (Cal-OES), into the revenue account numbers for Cal -OES reimbursements as specified in Section 6 of the staff report.

2. Authorize the appropriation of $439,141.18 into the expenditure account numbers for Overtime-Safety as specified in Section 6 of the staff report.

3. Authorize the appropriation of $4,373.85 into the expenditure account numbers for Strike Team Expenditures as specified in Section 6 of the staff report.

Recommended Action:

Staff ReportAttachments:

3.12. Appropriation of $ 102,504.07 in designated grant funding received from the Board of State and Community Corrections (BSCC) for the 2023 Officer Wellness and Mental Health Grant Program.

1. Accept into the City ’s revenue budget $102,504.07 in grant funds from the Board of State and Community Corrections, into revenue account number 100.4011.45290.30224, BSCC Officer Wellness 22-23.

2. Authorize the appropriation of $102,504.07 into the following expenditure accounts:
100.4011.51640.30224 Medical & Psychologic Services BSCC 22-23 $ 81,504.07 100.4011.51830.30224 Overnight Training BSCC 22-23 11,000.00 100.4011.55131.30224 Equipment BSCC 22-23 10,000.00
Recommended Action:

Staff ReportAttachments:

3.13. Appropriation of $ 47,000 from the General Fund unreserved fund balance to cover the cost of the 2022 General Municipal Election.

Authorize the appropriation of $ 47,000 from the General Fund unreserved balance to expenditure account number 100.0401.52551.00000 - General Fund - Election Expense.

Recommended Action:

Staff Report
County of Orange Invoice
Attachments:

3.14. Approval of plans and specifications for Well 28 Equipping and Public Pocket Park Construction Project (W-698) and authorization to advertise for bids.

Approve the plans and specifications and authorize advertising for Bid No. 22-23.33.

Recommended Action:

Staff Report
Location Map
Attachments:

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3.15. Approval of plans and specifications and finding of CEQA exemption for HVAC Replacement at Main Library and authorization to advertise for bids.

Approve the plans and specifications and authorize advertising for Bid No .22-23.34 (SP-4049).

Recommended Action:

Staff Report
Location Map
Attachments:

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3.16. Claims for Damages.

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

1. Mercury Insurance a/s/o Kimberly Krause
Recommended Action:

Staff ReportAttachments:

3.17. First Amendment to Contract with Towo Enterprise, Inc ., for Annual Concrete Replacement at Various Locations, Phase I.

Approve the First Amendment to the Contract in the amount of $ 76,665.00 with Towo Enterprises, Inc. for additional work; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
First Amendment

CCO TOWO
Attachments:

3.18. Final Acceptance of Bid No. 21-22.08, Annual Pipeline Renewal Project; and authorization to file Notice of Completion.

Accept the Annual Pipeline Renewal Project as complete, and authorize staff to file Notice of Completion with the County Recorder.

Recommended Action:

Staff Report
Notice of Completion and Acceptance
Attachments:

3.19. Authorize increase to blanket purchase order for Winchester Law Enforcement Ammunition from Dooley Enterprises, Inc. as a sole source vendor.

1. Approve the increase to blanket purchase order for ammunition from Dooley ’s Enterprise, Inc. in the amount of $55,000 for an overall purchase order total of $143,000.

2. Authorize the appropriation of $55,000 from the General Fund unreserved fund balance to expenditure account number 100.4011.53540.00000, General Fund - Ammunition.

Recommended Action:

Staff ReportAttachments:

3.20. Authorize continued rental services for a mobile laundry facility with Mobile Concepts, Inc. dba U.S. Mobile Kitchens for the 517 W. Struck Transition Plan.

Approve an increase to a blanket purchase order for a total of $ 107,389 with Mobile Recommended Action:

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Concepts, Inc. dba U.S. Mobile Kitchens for core service facility rentals.

Staff ReportAttachments:

3.21. Resolution No. 11438 denying Appeal No. 0561-22 and upholding Design Review Committee approval of Design Review No. 5077-22; a proposal to construct a new duplex unit at the rear of an existing single -family dwelling on a property zoned Duplex Residential at 529 S. Grand Street and finding of CEQA exemption.

Adopt Resolution No. 11438. A Resolution of the City Council of the City of Orange denying Appeal No. 0561-22 and approving Design Review No. 5077-22 to construct a new duplex unit located at 529 S. Grand Street.

Recommended Action:

Staff Report
Resolution No. 11438
Attachments:

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

4. REPORTS FROM MAYOR SLATER

4.1. Homeless Outreach City Council Subcommittee update.

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

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

5.1. Highlight Local Business (Gutierrez & Barrios)

5.2. Proposed amendment to Orange Municipal Code Chapter 8.26 “Leaf Blowers ” (Gyllenhammer)

6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS

6.1. Appointment(s) to various City Boards, Commissions, and Committees.

Confirm Mayor Slater ’s recommendation to appoint Chrissy Vaughn and Brendon Moeller to the CDBG Program Committee for two -year terms respectively ending June 30, 2025; Robert Grosse and Greg Ledesma to the Design Review Committee for four-year terms respectively ending June 30, 2027; Chris Horton to the Investment and Audit Committee for a two -year term ending on June 30, 2025; Erika de Vries and James Kushon to the Park Planning and Community Events Commission to fill unexpired terms ending June 30, 2025; Alison Martin to the Planning Commission to fill an unexpired term ending June 30, 2025; Ruby Maldonado and Shannon Tucker to the Planning Commission for four -year terms respectively ending on June 30, 2027; Tim McCormack to the Planning Commission to fill a scheduled vacancy effective July 1, 2023, for a four -year term ending June 30, 2027; Joseph Barbeito, Matt Hamilton, and Recommended Action:

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Derek Tran to the Traffic Commission for four -year terms respectively ending June 30, 2027; and Seimone Jurjis to the Traffic Commission to fill a scheduled vacancy effective July 1, 2023, for a four-year term ending June 30, 2027.

Staff ReportAttachments:

7. ADMINISTRATIVE REPORTS

7.1. Request for permit parking on both sides of Sycamore Avenue between Rancho Santiago Boulevard and Richard Street. Resolution No. 11439.

1. Approve permit parking on both sides of Sycamore Avenue between Rancho Santiago Boulevard and Richard Street.

2. Adopt Resolution No. 11439. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11422 and adopting a revised master resolution of permit parking areas within the City of Orange.

Recommended Action:

Staff Report
NPPP Policy, August 2022
Resolution No. 11439
Area Map for Permit Area Z
February 8, 2023, CTC Staff Report
February 8, 2023,CTC Minutes
Attachments:

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7.2. Agreement for Employment with City Manager Thomas C. Kisela and adoption of amended citywide pay schedule. Resolution No. 11440.

1. Approve Agreement for Employment with City Manager Thomas C. Kisela, and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Adopt Resolution No. 11440. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11435 and amending the citywide pay schedule in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5.

Recommended Action:

Staff Report
Employment Agreement
Resolution No. 11440
Attachments:

8. REPORTS FROM CITY MANAGER

8.1. Update on Paseo Study

9. LEGAL AFFAIRS

9.1. Introduction and First Reading of Ordinance No. 02-23 authorizing City Councilmember health and retirement benefits.

Introduce and conduct First Reading of Ordinance No. 02-23. An Ordinance of the City Council of the City of Orange amending Title 2 of the Orange Municipal Code by adding Chapter 2.09 relating to City Council health and retirement benefits.

Recommended Action:

Staff Report
Ordinance No. 02-23
Attachments:

10. PUBLIC HEARINGS

10.1. Public hearing to consider Introduction and First Reading of Ordinance No. 01-23 amending the Orange Municipal Code to update references to membership of committees and commissions and other administrative revisions, and finding of CEQA exemption.

Introduce and conduct First Reading of Ordinance No. 01-23. An Ordinance of the City Council of the City of Orange amending various sections of the Orange Municipal Code to update membership references for the Planning Commission, Design Review Committee and Traffic Commission.

Recommended Action:

Staff Report
Ordinance No. 01-23 - REDLINED
Ordinance No. 01-23 - CLEAN
Attachments:

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10.2. Public Hearing to consider amending and revising the Master Schedule of Fees and Charges to adopt new Water and Sewer Rates. Resolution Nos. 11436 and 11437.

1. Adopt Resolution No. 11436. A Resolution of the City Council of the City of Orange amending and revising the Master Schedule of Fees and Charges for sewer rates.

2. Adopt Resolution No. 11437. A Resolution of the City Council of the City of Orange amending and revising the Master Schedule of Fees and Charges for water rates.

3. Receive and file the Water and Sewer Rate Study conducted by Raftelis Financial Consultants, Inc.

Recommended Action:

Staff Report
Resolution No. 11436
Resolution No. 11437
Proposition 218 Notice
Draft Water and Sewer Rate Study
Attachments:

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10.3. Public Hearing to consider the approval of the draft HOME Investment Partnership-American Rescue Plan Allocation Plan prior to submittal to the Department of Housing and Urban Development.

1. Authorize staff to incorporate public comments received at the Public Hearing into the HOME-ARP Allocation Plan.

2. Approve the HOME -ARP Allocation Plan prior to submission to the Department of Housing and Urban Development (HUD).

3. Authorize the City Manager or their designee to make any necessary changes to the Allocation Plan and submit the Allocation Plan to HUD.

4. Upon approval of the HOME -ARP Plan from the Department of Housing and Urban Development (HUD), accept into the City ’s revenue budget $1,572,426.70 in HOME Investment Partnerships Program American Rescue funds into revenue account number 317.0000.45120.30206, Federal HUD Grants - HOME-ARP Grant.

5. Upon approval of the HOME -ARP Plan from the Department of Housing and Urban Development (HUD), authorize the appropriation of $1,572,426.70 from the HOME Fund (317) unreserved fund balance to expenditure account 317.9640.51670.30206 - HOME-ARP Other Professional Services.

6. Authorize the City Manager or their designee to execute documents related to the HOME-ARP Allocation Plan on behalf of the City.

Recommended Action:

Staff Report
Draft HOME-ARP Allocation Plan
Attachments:

11. ADJOURNMENT
The next Regular City Council meeting will be held on Tuesday, March 28, 2023, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.

I, Jennifer Connally, CMC, Deputy 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: Thursday, March 9, 2023

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15 Agenda Item
City Council
Item #: 3.1. 3/14/2023 File #: 23-0144
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Pamela Coleman, City Clerk

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

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

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

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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16 Agenda Item
City Council
Item #: 3.1. 3/14/2023 File #: 23-0144
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Pamela Coleman, City Clerk

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

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

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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17 Agenda Item
City Council
Item #: 3.2. 3/14/2023 File #: 23-0145
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Confirmation of warrant registers dated February 2, 10, 16, and 24, 2023.

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

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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18 Agenda Item
City Council
Item #: 3.2. 3/14/2023 File #: 23-0145
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Confirmation of warrant registers dated February 2, 10, 16, and 24, 2023.

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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19 Agenda Item
City Council
Item #: 3.3. 3/14/2023 File #: 23-0157
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Approval of minutes of the City of Orange City Council Special Meetings held on February 10 and February 14, 2023; and the Regular Meeting held on February 14, 2023.

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

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· February 10, 2023, Special Meeting minutes
· February 14, 2023, Special Meeting minutes
· February 14, 2023, Regular Meeting minutes
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20 Agenda Item
City Council
Item #: 3.3. 3/14/2023 File #: 23-0157
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Approval of minutes of the City of Orange City Council Special Meetings held on February 10 and February 14, 2023; and the Regular Meeting held on February 14, 2023.

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

3. RECOMMENDED ACTION
Approve minutes as presented.

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Friday, February 10, 2023, at 4:00 p.m. for a Special Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
4:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 4:01 p.m.

1.1 PLEDGE OF ALLEGIANCE
Led by Councilmember Kathy Tavoularis.

1.2 ROLL CALL

Present: Barrios, Tavoularis, Bilodeau, Gyllenhammer, and Slater

Absent: Dumitru, and Gutierrez

2. PUBLIC HEARINGS

2.1. Public Hearing to consider General Plan Amendment No. 2022-0001; City of Orange 2021-2029 Housing Element Update.

Mayor Slater announced that Item 2.1 would be continued to the February 14, 2023, Regular City Council meeting. City Attorney Binning explained, due to a recent court case, there is specific language that is required in certain agenda titles that was not included. Therefore, the public hearing is being continued.

A motion was made by Councilmember Gyllenhammer, seconded by Councilmember Tavoularis, to continue Item 2.1 to the February 14, 2023, Regular City Council meeting. The motion carried by the following vote:

Barrios, Tavoularis, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

Dumitru, and GutierrezAbsent:

3. ADJOURNMENT
There being no further business, the meeting was adjourned at 4:05 p.m. ______________________ _________________________ PAMELA COLEMAN DANIEL R. SLATER

CITY CLERK MAYOR

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22 City of Orange
City Council
February 14, 2023

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Tuesday, February 14, 2023, at 4:30 p.m. for a Special Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
4:30 PM CLOSED SESSION

1. OPENING/CALL TO ORDER
Mayor Slater called Closed Session to order at 4:31 p.m.

1.1 ROLL CALL
Councilmember Kathy Tavoularis joined Closed Session at 4:33 p.m.

Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater

Absent: None

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None

3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 4:32 p.m. with all Members present, except Councilmember Tavoularis who joined the meeting at 4:33 p.m., to discuss the following:
a. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(b)1.

Title: Community Development Director
b. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) - Two cases Name of Case: Salvador Miramontes-Robles v. Nykolo Gonzalez, et al.

Orange County Superior Court Case No. 30-2022-01247785
Name of Case: Patricia Kuklovsky, et al. v. City of Orange, et al.

Orange County Superior Court Case No. 30-2021-01196985
c. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2). (Three potential cases)

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23 City Council Minutes - Draft February 14, 2023

4. CLOSED SESSION REPORT
None

5. ADJOURNMENT
There being no further business, the meeting was adjourned at 6:05 p.m. ______________________ _________________________ PAMELA COLEMAN DANIEL R. SLATER

CITY CLERK MAYOR

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24 City of Orange
City Council
February 14, 2023

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Tuesday, February 14, 2023, at 6:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:16 p.m.

1.1 INVOCATION
Given by Pastor Brenton Fessler from RefugeOC and Orange Police Department Chaplain.

1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Jon Dumitru.

1.3 ROLL CALL

Present: Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and Slater

Absent: None

1.4 PRESENTATIONS/ANNOUNCEMENTS

2. PUBLIC COMMENTS
Public Speakers:

Joel Robinson spoke in support of banning leaf blowers in the City.

Kim Smith encouraged Council to consider fiscal responsibilities before budgeting for environmental issues.

Clarissa Serpas, SoCalGas, updated Council on the current gas prices.

Jack Bradley promoted the production of Shen Yun.

Stephen Tyler spoke in support of banning leaf blowers in the City.

John Ellis spoke about the loss of local control regarding zoning issues and encouraged civil disobedience.

Doug Hamilton referenced an article in the newspaper regarding the Housing Element.

Jeremy Livermore spoke in support of banning leaf blowers in the City.

Alan Kinkaid spoke in opposition of a proposed cemetery near Palmyra Avenue.

James Kushon reported on a recent Orange Dog Park fundraiser.

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25 City Council Minutes - Draft February 14, 2023
Written Public Comments
Jake Comer submitted an eComment regarding water conservation.

Edward Stanila emailed in support of banning leaf blowers in the City.

Karen Carlsen emailed in support of banning leaf blowers in the City.

Gary and Lupe Nelson emailed expressing concerns with code enforcement issues.

Scott Sink emailed in support of banning leaf blowers in the City.

Leslie Robinson emailed in support of banning leaf blowers in the City.

Phoebe Camilletti emailed in support of banning leaf blowers in the City.

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

ACTION: Approved.

3.2. Confirmation of warrant registers dated January 5, 13, 19, and 27, 2023.

ACTION: Approved.

3.3. Approval of minutes of the City of Orange City Council Regular Meeting held on January 10, 2023, and Special Meeting held on January 23, 2023.

ACTION: Approved minutes as presented.

3.4. First Amendment to Fiscal Year 2022-2023 Community Development Block Grant Program Memorandum of Understanding and Second Amendment to the 2022-2023 Annual Action Plan to increase funding for the project.

ACTION: 1) Authorized the Amendment to the Memorandum of Understanding (AGR-7407) to increase proposed project CDBG funding by $ 97,980.66, for a total not-to-exceed amount of $ 727,510.66, amended the Project Description to reflect the revised project scope, and authorized the City Manager or his designee to execute the amendment on behalf of the City; 2) Authorized the Second Amendment to the 2022-2023 Annual Action Plan to increase the allocation to the 2022-2023 Street Rehabilitation project by $ 97,980.66 to a total allocation of $ 727,510.66 and submit the Amendment to the Department of Housing and Urban Development (HUD); and 3) Authorized the transfer of $97,980.66 from expenditure account number 310.9645.57130.11070, Community Development Block Grant - Contingency to expenditure account number 310.9645.56582.20500, Community Development Block Grant - Sycamore and Palmyra Neighborhoods Street Rehabilitation.

3.5. First Amendment to Agreement with Complete Paperless Solutions, LLC for Laserfiche annual maintenance and dedicated support.

Item 3.5 was removed from the Consent Calendar for separate consideration by Councilmember Gyllenhammer.

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In response to Council's questions, staff explained the City's retention policy and State requirements for a trusted document management system in order for the City to completely digitize files.

Staff was directed to return with a report on estimated costs to implement a trusted system to allow the City to eliminate paper records.

ACTION: A motion was made by Councilmember Gyllenhammer, seconded by Councilmember Tavoularis, to approve the amendment to the agreement with Complete Paperless Solutions, LLC for a three -year term totaling $ 196,050, paid in three one -year increments of $ 65,350 for Laserfiche support, and providing product updates and enhancements; and authorize the Mayor and City Clerk to execute on behalf of the City. The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

3.6. First Amendment to Agreement for Production of Orange International Street Fair with Orange International Street Fair, Inc.

Item 3.6 was removed from the Consent Calendar for separate consideration by Mayor Slater.

Mayor Slater suggested moving the Orange International Street Fair to a date when there is cooler weather such as Fall or Spring.

ACTION: A motion was made by Mayor Slater, seconded by Mayor pro tem Barrios, to approve the Amendment to Agreement with Orange International Street Fair, Inc. for Production of Orange International Street Fair; and authorize the Mayor and City Clerk to execute on behalf of the City. The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

3.7. Appropriation of $ 34,186 in designated grant funding received from the California Department of Resources Recycling and Recovery for the Beverage Container Recycling City Payment Program.

Item 3.7 was removed from the Consent Calendar for separate consideration by Mayor Slater.

In response to Council's question about scavengers going through trash and recycle bins, staff acknowledged that it is a crime to take from residential and commercial bins and noted it will be addressed by code enforcement.

ACTION: A motion was made by Mayor Slater, seconded by Councilmember Gutierrez, to:
1) Accept into the City's revenue budget a $ 34,186 grant from the California Department of Resources Recycling and Recovery into revenue account number 220.5022.45290.20526, Sewer - Beverage Container Program 21-22. 2) Authorize the appropriation of $ 34,186 into the following expenditure account numbers Sewer - Beverage Container Program 21-22:

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220.5022.51001.20526 Contractual Services $20,686 220.5022.53001.20526 Materials and Supplies $12,000 220.5022.50002.20526 Regular Salaries - Misc $ 1,500 The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

3.8. Approval of plans and specifications for Annual Pavement Maintenance at Various Locations, Fiscal Year 2022-2023; and authorization to advertise for bids.

ACTION: Approved the plans and specifications and authorized advertising for Bid No.22-23.27 (SP-4228).

3.9. Approval of plans and specifications for Taft Avenue & Lewis Street Water Quality Storm Drain Improvement Project, and authorization to advertise for bids.

ACTION: Approved plans and specifications and authorized advertising for Bid No . 22-23.29.

3.10. Approval of plans and specifications for Replacement of Rolling Garage Doors at Various Locations; and authorization to advertise for bids.

ACTION: Approved plans and specifications and authorized advertising for Bid No . 22-23.32

3.11. Claims for Damages.

Note: Councilmember Dumitru abstained due to a family member submitting a claim.

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

1. Nora Ochoa

2. D. Christine Collins

3. John Tseheridis

4. Alannah Noel Angel

5. Warren Muir and Terri Glover

6. Vicki Short

3.12. Award of Contract to Robertson Industries, Inc. for the rubberized tot lot surface installation at El Modena Park and the replacement of the rubberized tot surface at Serrano Park.

ACTION: 1) Approved contract with Robertson Industries, Inc. in the amount of $190,547.50; and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Authorized the appropriation of $ 32,764.50 in unreserved Park Acquisition (Infill) (510) fund balance to expenditure account 510.7021.56020.20440 - CIP Building and Improvements.

3.13. Award of Contract to USA Shade and Fabric Structures, Inc. of PlayPower, Inc . for purchase and installation of tot lot shade structures at Belmont and La Veta Parks.

ACTION: Approved the contract with USA Shade and Fabric Structures, Inc. in the amount of $ 183,641 for the installation of shade structures at the Belmont and La Veta

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28 City Council Minutes - Draft February 14, 2023
Parks tot lots; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.14. Award of Contract to S&H Civilworks for Annual Concrete Replacement at Various Locations Phase II, Fiscal Year 2022-2023; Bid No. 22-23.21.

ACTION: Approved the contract with S&H Civilworks in the total amount of $ 1,038,950, representing an original amount of $ 944,500 plus a 10% contingency of $ 94,450 for Annual Concrete Replacement Project at Various Locations Phase II, Fiscal Year 2022-2023; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.15. First Amendment to Contract with American Asphalt South, Inc .; and Final Acceptance of Bid No. 21-22.35, Annual Slurry Seal at Various Locations, and authorization to file Notice of Completion.

ACTION: 1) Approved the First Amendment to Contract in the amount of $ 51,848.60 with American Asphalt South Inc, for additional work; and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Accepted Annual Slurry Seal at Various Locations Project (SP-4211) as complete, and authorized staff to file Notice of Completion with the County Recorder.

3.16. Final Acceptance of Bid No. 21-22.17, Tustin Street, Katella Avenue & La Veta Avenue Water Quality Storm Drain Improvement Project; and authorization to file Notice of Completion.

ACTION: Accepted Tustin Street, Katella Avenue & La Veta Avenue Water Quality Storm Drain Improvement Project as complete; and authorized staff to file Notice of Completion with the County Recorder.

3.17. Final Acceptance of Bid No. 22-23.08, Orange Library Facility Rehabilitation; and authorization to file Notice of Completion.

ACTION: Accepted Orange Library Facility Rehabilitation as complete (SP-4231), and authorized staff to file Notice of Completion with the County Recorder.

3.18. Final Acceptance of Modular Trailer Relocation for Transition to Continuum of Care Phase II; and authorization to file Notice of Completion.

ACTION: Accepted Modular Trailer Relocation for Transition to Continuum of Care Phase II as complete, and authorized staff to file Notice of Completion with the County Recorder.

3.19. Final Acceptance of Tot Lot Shade Sails Installation at Serrano, Fred Barrera, and El Modena Parks; and authorization to file Notice of Completion.

ACTION: Accepted Tot Lot Shade Sails Installation as complete; and authorized staff to file Notice of Completion with the County Recorder.

3.20. Second Reading and adoption of an Ordinance of the City Council of the City of Orange approving Zone Change No. 1305-21 rezoning property located at 1325 West Katella Avenue to urban mixed use to establish consistency between the urban mixed use general plan land use designation and zoning classification in accordance with state law. Ordinance No. 11-22
ACTION: Adopted Ordinance No. 11-22.

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3.21. Authorize increase to blanket purchase order for cabling documentation and cleanup services in the amount of $ 20,000 for an overall purchase order total of $80,000 from Mark IV Communications, Inc. as a sole source vendor.

ACTION: Authorized increase to blanket purchase order for cabling documentation and cleanup services from Mark IV Communications, Inc. in the amount of $ 20,000 for an overall purchase order total of $80,000.

3.22. Authorize the purchase of two vehicles for various departments using a Cooperative Purchasing Agreement.

Written Public Comment
Jake Comer submitted an eComment encouraging the City to purchase electric vehicles and e-bikes for the City's use.

ACTION: 1) Approved the purchase of two vehicles from National Auto Fleet Group for $103,000; and 2) Approved the purchase of safety equipment and supplies needed to equip the Chevrolet Tahoe from various lowest qualified vendors for $28,000.

3.23. Monthly Treasurer’s Reports for October, November, and December 2022.

ACTION: Received and filed.

3.24. Adoption of Resolution No. 11433 setting the days and times of City Council regular meetings.

ACTION: Adopted Resolution No. 11433. A Resolution of the City Council of the City of Orange rescinding Resolution No. 10737 and establishing the City Council regular meetings days and times.

Approval of the Consent Calendar
Items 3.5, 3.6, and 3.7 were removed from the Consent Calendar and heard separately. Councilmember Dumitru abstained from Item 3.11. All other items were approved as recommended.

A motion was made by Councilmember Tavoularis, seconded by Councilmember Gyllenhammer, to approve the Consent Calendar as recommended. The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

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

4. REPORTS FROM MAYOR SLATER

4.1. Designation of voting delegates for the 2023 Southern California Association of Governments (SCAG) Regional Conference and General Assembly.

A motion was made by Councilmember Tavoularis, seconded by Councilmember Gyllenhammer, to designate Councilmember Jon Dumitru as the Delegate and Councilmember Denis Bilodeau as the Alternate Representative to the Southern California Association of Governments (SCAG) Annual General Assembly scheduled to

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be held on May 4, 2023. The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

4.2. Creation of a Santiago Creek Grand Central Park Preservation and Protection City Council Subcommittee.

Mayor Slater proposed creating a Santiago Creek subcommittee with Councilmember Gyllenhammer and Councilmember Gutierrez as members.

During discussion, Council expressed the importance of including other stakeholders and agencies, and using federal grants to acquire land adjacent to the creek as it becomes available.

Written Public Comments
The following emailed in support of creating a subcommittee: Reggie Mundekis, Janice Brownfield, and Jake Comer.

A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gyllenhammer, to establish a City Council Santiago Creek Grand Central Park Preservation and Protection subcommittee with Councilmember Gyllenhammer and Councilmember Gutierrez as members. The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

4.3. Creation of a Clean Orange City Council Subcommittee.

Mayor Slater proposed creating a Clean Orange City Council subcommittee with Mayor pro tem Barrios and Councilmember Tavoularis as members.

Written Public Comments
The following emailed in support of creating a subcommittee: Reggie Mundekis, Janice Brownfield, and Jake Comer.

A motion was made by Councilmember Gutierrez, seconded by Councilmember Gyllenhammer, to establish a City Council Clean Orange subcommittee with Mayor pro tem Barrios and Councilmember Tavoularis as members. The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

4.4. Homeless Outreach City Council Subcommittee update.

Mayor Slater provided an update on the Homeless Outreach City Council subcommittee. Members of the subcommittee discussed: establishing a temporary shelter in Orange, Orange County Supervisor Sarmiento is scheduled to tour the HUB Resource Center, and a proposed ordinance dealing with encampments and loitering near schools, playgrounds, and City facilities that will be brought to a future City Council meeting for Council's consideration.

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5. REPORTS FROM COUNCILMEMBERS

5.1. Highlight Local Business (Gutierrez & Barrios)
Councilmember Gutierrez highlighted the following local business: Dr. Ronald L .

Hankins, OD.

5.2. Discussion of potential expansion of Olive Park by acquisition of the following property (Bilodeau):

APN: 360-241-04
Address: 2829 N. Glassell Street
Owner: Discovery, LLC; John Doan, Manager
Councilmember Bilodeau reported there is a parcel adjacent to Olive Park and proposed directing staff to explore acquiring this property to expand the park.

During discussion Councilmember Dumitru indicated that west Orange has not had any enhancements or amenities added since 1974. He mentioned that park acquisition funds are limited, and he believes there is currently a greater need in west Orange.

Written Public Comments
Reggie Mundekis emailed in support of determining an acquisition price and source of funds to expand Olive Park.

Jordan Prell submitted an eComment in support of expanding Olive Park.

A motion was made by Councilmember Bilodeau, seconded by Councilmember Tavoularis, to designate the City Manager or his designee as the negotiator and authorize him to take the necessary steps to commission an appraisal of the property .

The motion carried by the following vote:

Barrios, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

DumitruNoes:

NoneAbsent:

5.3. Other Councilmember Reports
With Council consensus, Councilmember Dumitru requested a report with options for renaming a road near the Orangewood home in honor of Bill Steiner.

6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS

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

Mayor Slater summarized the recommended actions for this item. He announced that Traffic Commissioner Adam Feliz was inadvertently left off of the reappointments list and should be listed as a reappointment for a four-year term expiring June 30, 2027.

A motion was made by Councilmember Dumitru, seconded by Councilmember Gutierrez, to:
1) Confirm Mayor Slater's recommendation to reappoint the following eligible existing positions: CDBG Program Committee Members Kim Le and Connie Benson for two-year terms respectively expiring June 30, 2025; Design Review Committee

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32 City Council Minutes - Draft February 14, 2023
Member Anne McDermott for a four -year term expiring June 30, 2027; Investment and Audit Committee Members Jordan Prell and Aaron Christensen for two -year terms respectively expiring June 30, 2025; Library Board of Trustee Member Susie Huber for a three -year term expiring June 30, 2026; Planning Commissioner Dave Simpson for a four-year term expiring June 30, 2027; and Traffic Commissioner Adam Feliz for a four-year term expiring June 30, 2027.
2) Confirm Mayor Slater's recommendation to appoint Melissa Mikail and Elaine Muselli to the CDBG Program Committee for two -year terms respectively expiring on June 30, 2025.
3) Accept the Local Appointments List and direct the City Clerk to post pursuant to the Maddy Act.
4) Direct the City Clerk to post a Notice of Scheduled Vacancy for the following existing positions:
a. Planning Commission due to expiration of Ernest Glasgow's term on June 30, 2023 b. Traffic Commission due to expiration of Christian Vaughan's term on June 30, 2023 The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

6.2. Adoption of Resolution No. 11432 setting the membership number, qualifications and related information for City boards, committees and commissions.

Mayor Slater announced that there is a current requirement in the Orange Municipal Code that one member of the Traffic Commission be a "school district representative ." He suggested this requirement be deleted from the Traffic Commission qualifications as listed in Exhibit A of proposed Resolution No. 11432.

A motion was made by Councilmember Bilodeau, seconded by Councilmember Tavoularis, to:
1) Adopt revised Resolution No. 11432. A Resolution of the City Council of the City of Orange rescinding Resolution Nos. 10229, 11387, 11388, 11355 and 11409 and establishing the number of members, qualifications for membership, purpose, compensation and meetings for specified City boards, committees and commissions. 2) Direct the City Clerk to post a Notice of Vacancy of any newly -created positions pursuant to the Maddy Act.
3) Direct the City Attorney to prepare an ordinance amending the Orange Municipal Code to delete the requirement for a school district representative on the Traffic Commission, along with other applicable revisions.

The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

6.3. Accept resignation of Jonathan Trapesonian from the Planning Commission.

A motion was made by Councilmember Bilodeau, seconded by Councilmember Dumitru, to accept the resignation of Commissioner Jonathan Trapesonian effective February 24, 2023, and direct the City Clerk to post a Notice of Vacancy pursuant to the Maddy Act. The motion carried by the following vote:

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Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

6.4. Consider the removal of Commissioners Mike Rouse and Chrissy Vaughn from the Park Planning and Community Events Commission.

A motion was made by Councilmember Dumitru, seconded by Councilmember Tavoularis, to remove Commissioner Mike Rouse and Commissioner Chrissy Vaughn from the Park Planning and Community Events Commission, and direct the City Clerk to post a Notice of Vacancy for both positions pursuant to the Maddy Act. The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

7. ADMINISTRATIVE REPORTS

7.1. Employment Agreement with City Attorney Mary E. Binning.

A motion was made by Councilmember Gyllenhammer, seconded by Councilmember Tavoularis, to approve the Employment Agreement with City Attorney Mary E. Binning.

The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

7.2. A follow -up report on healthcare and retirement benefit options for elected City Councilmembers.

A motion was made by Mayor Slater, seconded by Councilmember Dumitru, to give Councilmembers the option to choose among the health benefit plans for single -party coverage at $ 1012/month along with dental and vision plan options; to enroll Councilmembers in the Empower retirement plan; and direct staff to return with the necessary ordinance /resolution to implement the addition of the proposed benefits .

The motion carried by the following vote:

Dumitru, Tavoularis, Bilodeau, and SlaterAyes:

Barrios, Gutierrez, and GyllenhammerNoes:

NoneAbsent:

7.3. Status of Fiscal Year 2022-23 budget and preliminary projections for Fiscal Year 2023-24 budget preparation.

Assistant Finance Director Katrin Bandhauer and Budget Manager Michelle Kresan provided an overview on the status of the current fiscal year budget.

A motion was made by Councilmember Gutierrez, seconded by Councilmember Tavoularis, to receive and file report and:
1) Authorize the transfer of $ 950,000 from the General Fund (100) unreserved fund balance to Worker's Compensation Fund (730) unreserved fund balance. 2) Authorize the transfer of $ 720,000 from the following unreserved fund balances to the Equipment Expense Fund (710) unreserved fund balance:
$566,946 General Fund (100)
$120,719 Water Fund (600)
$ 32,335 Sewer Fund (220)

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3) Authorize the appropriation of $ 340,000 from the unreserved fund balance of the General Fund (100) to expenditure account number 100.0000.51670.30200, Other Professional and Consulting Services - 517 W Struck Transition. 4) Authorize the appropriation of $ 90,000 from the unreserved fund balance of the General Fund (100) to expenditure account number 100.5013.51670.00000, Plan Check Consulting.
5) Authorize the appropriation of $ 720,000 from the unreserved fund balance of the Fleet Maintenance Fund (710) to expenditure account number 710.5023.53,720.00000, Fuel Allocation.
6) Authorize the appropriation of $ 250,000 from the unreserved fund balance of the Capital Project Fund (500) to expenditure account number 500.5032.56100.16302, Minor Traffic Devices.
7) Authorize the appropriation of $ 70,000 from the unreserved fund balance of the Community Development Block Grant Fund (310) to expenditure account number 310.9645.51770.30200, CDBG Project - 517 W Struck Transition. 8) Authorize the appropriation of $ 50,000 from the Worker's Compensation Fund (730) unreserved fund balance to expenditure account number 730.0312.52233.00000, Self-Insured Workers Comp.
9) Authorize the appropriation of $ 29,924 from unreserved fund balance of Low and Moderate Income Housing Asset Fund (921) into the following expenditure account numbers:
$10,000 921.6041.50002.00000, Regular Misc Salaries
$19,924 921.6041.51670.00000, Other Prof. and Consulting Services 10) Authorize the appropriation of $ 80,971 from the unreserved fund balance of the respective funds into the following expenditure account numbers for project 12222, Other Maintenance Items for the 800 MHZ Communication System:
$38,866 120.4011.53670.12222
$28,340 120.3011.53670.12222
$5,668 600.8041.53670.12222
$2,429 100.7001.53670.12222
$2,429 270.5021.53670.12222
$1,619 220.5022.53670.12222
$810 100.6001.53670.12222
$810 710.5023.53670.12222
11) Adopt Resolution No. 11434. A Resolution of the City Council of the City of Orange Amending Resolution No. 11425 between the City of Orange and Orange Management Association.
12) Adopt Resolution No. 11435. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11424 and amending the citywide pay schedule in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5.
13) Authorize the following changes to the City's Schedule of Positions:
a. Authorize the Assistant City Manager position in the City Manager's Office. b. Eliminate the Internal Audit Manager position in the City Manager's Office. c. Reclassify the Assistant City Manager position to a Community Services Director in the Community Services Department.
d. Reclassify the Assistant City Manager position to a Finance Director in the Finance Department.

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e. Reclassify the part -time Administrative Specialist position to a part -time benefitted Administrative Assistant position in the City Clerk's office. f. Reclassify two Parks and Facilities Attendant positions to two Parks Maintenance Worker I positions in the Community Services Department. g. Reclassify the part -time Recreation Coordinator to a full -time Recreation Coordinator position in the Community Services Department.
h. Authorize the Assistant Recreation Coordinator position in the Community Services Department.
i. Reclassify the Payroll Technician to a Senior Payroll Specialist in the Finance Department.
j. Authorize the Permit Technician position in the Community Development Department.

The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

8. REPORTS FROM CITY MANAGER
None

9. PUBLIC HEARINGS
(Item 9.3 was reordered to be heard before Item 9.1)

9.3. Public Hearing to consider the Second Amendment to the Fiscal Year 2021-2022 Annual Action Plan to incorporate the HOME Investment Partnerships -American Rescue Plan Allocation Plan.

Mayor Slater opened the Public Hearing at 7:56 p.m.; there being no speakers, Mayor Slater closed the Public Hearing at 7:56 p.m.

A motion was made by Councilmember Bilodeau, seconded by Councilmember Gutierrez, to:
1) Authorize staff to incorporate public comments received at the Public Hearing into the 2021-2022 Annual Action Plan; 2) Approve the Second Amendment to the 2021-2022 Annual Action Plan and submit to the Department of Housing and Urban Development (HUD); and 3) Authorize the City Manager or their designee to execute documents related to the Second Amendment of the 2021-2022 Annual Action Plan on behalf of the City. The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

RECESS: The City Council recessed at 7:56 p.m. and reconvened at 8:11 p.m. with all Members present.

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36 City Council Minutes - Draft February 14, 2023

9.3. Public Hearing to consider the Second Amendment to the Fiscal Year 2021-2022 Annual Action Plan to incorporate the HOME Investment Partnerships -American Rescue Plan Allocation Plan.

It was brought to Council's attention that Item 9.3 should have been continued to March 28, 2023, to allow staff time to re -notice the hearing with additional required language.

A motion was made by Councilmember Bilodeau, seconded by Mayor pro tem Barrios, to reconsider Item 9.3 and continue it to the March 28, 2023, Regular City Council meeting. The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

9.1. Appeal No. 0561-22; an appeal of Planning Commission decision upholding Design Review Committee approval of Design Review No. 5077-22; a proposal to construct a new 1,102 square foot duplex unit with an attached 227 square foot garage at the rear of an existing single -family dwelling on a property zoned Duplex Residential at 529 S. Grand Street.

Mayor Slater recused from Item 9.1 due to a financial conflict of interest and Mayor pro tem Barrios recused from Item 9.1 because she filed the initial appeal with the lower legislative body. They left the dais at 8:13 p.m.; and Councilmember Dumitru presided over Item 9.1.

Assistant Community Development Director Anna Pehoushek provided an overview of the proposed project.

Councilmember Dumitru opened the Public Hearing at 8:17 p.m.

Public Speakers:

Robert Boice, OTPA President and appellant, spoke in support of upholding the appeal.

Allison Vukovich, applicant, and Jayson Parson, applicant's attorney, spoke in support of denying the appeal.

Doug Ely, architect, spoke in support of the project and denying the appeal.

The following spoke in opposition of the project and in support of upholding the appeal :

Mark Wallace, Linda Maxwell -Jordan, Katelin Mansfield, Diana Zdenck, Sue Vaurs, Tim McCormack, and Victoria Laughlin.

Tony Trabucco commented on the lack of process.

Written Public Comments
The following emailed in support of upholding the appeal: Ashley and Jonathan Toomey, Tara Klasna, Tom and Mary Matuzak, Reggie Mundekis, Patricia Ricci, Kristin Caballero-Rubel, Annalisa Goode, and Gloria Boice.

Councilmember Dumitru closed the Public Hearing at 9:29 p.m.

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37 City Council Minutes - Draft February 14, 2023
During discussion, Councilmember Dumitru opened the Public Hearing again at 9:30 p.m. to allow Robert Boice to respond to Council's questions. He closed the Public Hearing at 9:36 p.m.

Council discussed the following: current zoning, CEQA determinations, and parking requirements.

A motion was made by Councilmember Bilodeau, seconded by Councilmember Gyllenhammer, to deny Appeal No. 0561-22 and direct staff to return with a resolution of denial. The motion carried by the following vote:

Dumitru, Tavoularis, Bilodeau, and GyllenhammerAyes:

GutierrezNoes:

NoneAbsent:

Barrios, and SlaterRecused:

Mayor Slater and Mayor pro tem Barrios returned to the dais at 9:51 p.m.

9.2. Continued Public Hearing to consider General Plan Amendment No. 2022-0001; City of Orange 2021-2029 Housing Element Update and finding of CEQA exemption. (Continued from February 10, 2023)
Mayor Slater opened the Public Hearing at 9:52 p.m.

Public Speakers:

Bob Pack, President of Stonefield Development and Project Manager of Chapman Yorba VIII, requested that the Chapman Yorba VIII property be added to the inventory of housing.

Sister Sue Danning thanked Council for their support for the Sisters of St. Joseph of Orange affordable housing project and spoke in support of an inclusionary housing ordinance.

Bonnie Robinson spoke in support of adopting the Housing Element.

Written Public Comments
Reggie Mundekis emailed in support of adopting the Housing Element.

Barry Ross, Sisters of St. Joseph, emailed suggestions for improving the Housing Element.

Mayor Slater closed the Public Hearing at 9:59 p.m.

During discussion, staff explained how potential properties were selected for the housing inventory and clarified that sites listed in the housing inventory have only been identified as potential sites and listing them does not necessarily mean that housing will be built on those sites.

A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez, to adopt Resolution No. 11431. A Resolution of the City Council of the City of Orange approving General Plan Amendment No. 2022-0001 adopting the City of Orange 2021-2029 General Plan Housing Element. The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, Gutierrez, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

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

The next Regular City Council meeting will be held on Tuesday, March 14, 2023, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
_ _____________________ _________________________ PAMELA COLEMAN DANIEL R. SLATER

CITY CLERK MAYOR

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39 Agenda Item
City Council
Item #: 3.4. 3/14/2023 File #: 21-0643
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher S. Cash, Public Works Director

1. SUBJECT
Software Agreement with MaintStar, a California Corporation, for the purchase and upgrade of the City’s work asset management system and land management system; and Agreement with LA Consulting for implementation services of work asset management system and land management system.

2. SUMMARY
The Public Works, Community Development, Community Services, Finance, and Information Technology Departments have been working to upgrade the Work Asset Management System (WAMS) and Land Management System (LMS). Purchase of both the new MaintStar WAMS and LMS would upgrade the current outdated MaintStar WAMS and CentralSquare/TrakIT LMS versions.

WAMS would benefit departments by providing a proficient real-time cloud-based asset tracking system, including analytics that will support City staff with preventative maintenance scheduling and performance-based budgeting. LMS will streamline our land development and management process and enhance customer service provided by the Community Development and Public Works departments.

3. RECOMMENDED ACTION

2. Approve the agreement with L.A. Consulting, Inc. for implementation services in the amount of $127,182 and authorize the Mayor and City Clerk to execute on behalf of the City.

3. Approve the purchase of 60 smart devices in the amount not to exceed $70,000.

4. FISCAL IMPACT
The total expenditure is $1,394,668, which includes a 5-year software agreement with MaintStar in the amount of $1,197,486, the agreement with L.A. Consulting in the amount of $127,182, and the purchase of 60 smart devices in the amount of $70,000. This project will be funded through two funded capital improvement projects: Asset Work Order Management System (20285) and Land Use Tracking and Permitting Software (20482).

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40 Item #: 3.4. 3/14/2023 File #: 21-0643

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
MaintStar
The Public Works Department, in collaboration with various key departments, has been working to upgrade the current WAMS and LMS. An interdepartmental group conducted a needs assessment of the City’s WAMS and LMS capabilities, identified functional priorities for the new systems, and reviewed various WAMS and LMS vendor proposals. After review of both management systems’ infrastructures, staff recommends moving forward with MaintStar’sWAMS and LMS systems, which would upgrade the current outdated MaintStar version for WAMS and replace the current outdated CentralSquare/TrakIT LMS.

Our current WAMS system is facilitated by MaintStar. The version of the MaintStar WAMS currently in use by City staff is over 20 years old. MaintStar, with its most current version, has been determined to provide great functionality and would have the ability to provide detailed analytics. The new WAMS benefits departments by providing a proficient real-time cloud-based asset tracking system, including analytics, that will support City staff with preventative maintenance scheduling and performance-based budgeting.

For LMS, the City currently utilizes an outdated LMS system facilitated by CentralSquare/TrakIT that has not been updated in over ten years. After several months of review and discussions with stakeholders from various departments, MaintStar’s LMS real-time asset cloud-based land management platform is being recommended based on cost-effectiveness and the streamlined and efficient interface of the software. The system has the capability to improve project tracking, provide more enhanced permitting support for both customers and staff, will provide a gateway for enhanced customer self-service options, and will create a portal for online plan submittals and permitting.

Staff is recommending a 5-year software agreement, with an option to renew for an additional five years. The agreement includes a not-to-exceed 5% cost escalation based on annual CPI from years two through five.

WAMS
The WAMS is the backbone for managing workflow, capturing asset condition and history, and supporting performance-based budgeting. Technology is continually advancing and upgrading the existing MaintStar WAMS would modernize the City’swork asset management system. The City has been using MaintStar since December 2001 and the current version is past its useful life. Updating to the newest version is a necessary upgrade that will use a cloud-based software solution and provide a mobile platform for field use while improving operations and maintenance processes.

Functionality & Benefits
The cost-effective benefits of upgrading MaintStar are extensive, it will improve asset tracking, streamline maintenance processes, and provide better data management. • Asset Tracking: One of the main benefits of using MaintStar is the software’sability to easily create and manage asset records, including detailed information about the asset's location, City of Orange Printed on 3/9/2023Page 2 of 6
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41 Item #: 3.4. 3/14/2023 File #: 21-0643
create and manage asset records, including detailed information about the asset's location, condition, and maintenance history. This makes it easy for City staff to quickly locate and assess the condition of an asset, which can help to improve response times, and reduce downtime.
• Streamlined Maintenance Processes: Another benefit is the software’sability to create custom maintenance schedules, which can help to ensure that assets are properly maintained on a regular basis. Additionally, the software includes tools for tracking maintenance requests and work orders, which can help improve communication between staff and ensure that all maintenance tasks are completed in a timely manner. MaintStar will integrate with the City’s“Orange24/7”App to streamline maintenance requests and reduce turnaround time for completing repairs.
• Data Management: With this software, staff can easily access detailed information about their assets, including condition and maintenance history, which can be used to make informed decisions about future maintenance and repairs. Additionally, the software includes tools for generating reports and analyzing data, which can help to identify trends and improve overall performance. Of significant importance, MaintStar will integrate with the City’sGIS system to integrate asset information with our other GIS data layers to create a more comprehensive record of our infrastructure.

The following is a department-by-department breakdown of the benefits of MaintStar’s WAMS:

Public Works
Public Works will be the largest user due to the wide range of managed assets (infrastructure and equipment) in the City of Orange and under the stewardship of the Public Works Department. Assets managed through the software include streets, sidewalks, sewer, water mains, traffic lights, streetlights, vehicles, and facilities. MaintStar’scloud based WAMS will allow in-field and real time information to be available to City staff. Asset history, improvements, plans, pictures, and life-time costs would all be available through the MaintStar system.

The robust collection of data that MaintStar will allow can be used to increase efficiency and maximize the use of the City’sresources. MaintStar software comes with a logic learning component that will assist with work scheduling and preventative maintenance routines. For example, preventative maintenance schedules could be adjusted to improve the function of the asset.

Seasonal changes to assets could be extracted to provide maps of hot spot areas. This would directly benefit our engineering services when conducting needs assessments for infrastructure replacement through the City’s Capital Improvement Program.

Community Services
As part of the Community Services Department, the Parks and Facilities Division is responsible for the City’s22 parks, as well as trails, including the Santiago Creek bike trail, and park facilities. Each park has its own unique set of amenities (community buildings, playgrounds, picnic pavilions, benches, exercise equipment, etc.) as well as, trail and plant materials, irrigation, lighting, and signage.

Community Services has a history of using an antiquated version of MaintStar for basic work order tracking. Generally, the Department intends to use the upgraded version of the software to plan and document maintenance activities of park assets, improve efficiency, and plan for future needs using City of Orange Printed on 3/9/2023Page 3 of 6
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42 Item #: 3.4. 3/14/2023 File #: 21-0643
document maintenance activities of park assets, improve efficiency, and plan for future needs using tangible data.

Additionally, Parks staff will use labor data collected through work orders to assist in assigning the most appropriate staff to work orders. More specifically, the Department intends to inventory and forecast the lifespan of park and facility assets within the system to initiate/complete work orders, capture associated labor costs, track materials used, provide supporting documentation and photos, evaluate asset replacement needs using hard data, plan future capital projects, and calculate repair/maintenance expenses in conjunction with restitution cases.

With the software’smobile capability, field staff will be able to receive requests, create tasks, and log work performed and resources used in the field with the use of an iPad and/or mobile phone.

Finance
As the City transitions to a performance-based budget, MaintStar provides the ability to deliver real time metrics. Cost to benefit ratio data can be extracted from the WAMS to assist City management when deciding the best use of financial resources related to maintenance and replacement of City assets. MaintStar can also be used to track inventory at the City’swarehouse. Reminders to order inventory can be set as stock drops below a specified threshold. It can also track pricing on unit costs which will assist in budget forecasting.

Information Technology
MaintStar is compatible with currently used City software. Eden, ArcGIS, Laserfiche, Granite Net, and FuelMaster are a few examples of software that can be integrated. MaintStar also offers a mobile citizen reporting app and web browser platform. MaintStar also offers the ability to provide its own citizen reporting app that can be used to further simplify communications between citizen requests and WAMS. A seamless transition of data from GOGov’sOrange 24/7 app to MaintStar is possible and will be evaluated.

Implementation
The overall implementation would occur over one year. A waterfall implementation methodology is proposed from MaintStar for a successful update and integration. There are seven modules (Street Maintenance, Fleet, Facilities, Water, Traffic, Engineering, and Parks) with each module including a design, build, test, delivery and deployment. Remaining with MaintStar allows for historical data to quickly be integrated into the new version and provides historical comparison to existing modules. All modules are expected to be operational in FY 2024. The total 5-year cost of MaintStar’sWAMS is $539,112, which includes a contingency of 10%. The first annual amount is $218,100, which includes a one-time implementation cost of $159,100 and an annual subscription fee of $59,000 which will be adjusted by a five percent increase in subsequent years.

LMS
In September 2010, the City entered into an agreement with CRW Systems Inc. for the installation, data conversion, and training on the TrakIT software for the City’sLMS. The system was used for the issuance and administration of Building Permits, managing, and tracking the development review process, and Code Enforcement tracking, Over the past few years, TrackIT has become outdated and has been plagued with issues including periodic system crashes, unintended inputs, limited features, and very limited software support due to the outdated version the City currently uses.

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Staff from Public Works, Community Development, Fire, and other departments have been working with an experienced LMS consultant, Park Consulting Group, since early 2022 as part of the City’s LMS procurement efforts. The City’sgoal was to replace or update the outdated TrackIT software with a new permitting and land management system that offers advanced cloud-based technology and augmented functionality.

The move to a new LMS system is essential to improve customer service through improving the ability to better track projects as they move through the development review process, increasing the ability to access permit data for staff and the public, providing a portal for online permitting and electronic plan reviews, and significantly improving operational efficiencies in the City’s land management process. Three software companies, including Tyler Tech, Clariti Cloud, Inc. (Clariti), and CentralSquare, were invited for interviews and conducted software demonstrations based on City specifications. All three companies were evaluated based on responsiveness to the City’s requirements, functionality, and cost. Tyler Tech and Clariti, while having robust functionality, also significantly exceeded the City’sbudget for their services. Tyler Tech and Clariti had costs over $2 million for a 5-year term, as opposed to the City’s project budget of approximately $1 million.

Upgrading the City’sexisting TrakIT system to the LMS system provided by MaintStar were further evaluated as they both possessed functional capabilities that met the City’sneeds and were cost effective given the City’sbudget. After extensive interviews and assessing system technology and essential functions, staff decided to move forward and recommend MaintStar based on its user- friendly and customizable configuration, modern look and feel, and responsiveness to the City’s requirements.

MaintStar’sLMS will provide a streamlined process for development project application and review, assist with managing plan check and inspections, track code enforcement activity, and generate custom reports with an interactive dashboard. The upgrade also includes extensive training for all user groups in various departments and divisions. Core features and key benefits are highlighted below:
• Cloud based operation which allows for online submittal of plans and permit applications to enhance customer service and provide service options;
• Checklists in both reviews and inspections (including providing a mobile field app for staff); • Advanced search query options for reporting;
• Increased GIS integration for permits, projects, and code enforcement cases; • Providing a portal for digital plan submittal and plan check; • Enhanced ability to provide communications and updates to applicants and contractors through the development process;
• Superior reporting that includes a standard report library of approx.100 reports and forms; • Automatic hardware and software upgrades and updates; • Secure data and access and around-the-clock network administration, and; • Certified network environment.

Project implementation is scheduled to begin in April, with an anticipated go-live within 12 months.

The total 5-year cost of MaintStar’sLMS is $604,463, which includes a contingency of 10%. The first annual amount is $282,500, which includes a one-time implementation cost of $273,500 an annual City of Orange Printed on 3/9/2023Page 5 of 6
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44 Item #: 3.4. 3/14/2023 File #: 21-0643
annual amount is $282,500, which includes a one-time implementation cost of $273,500 an annual subscription fee of $59,000 due when the LMS is live, and a loyalty discount of $50,000. As the City transitions to the new LMS system, we will sunset our current CentralSquare/TrakIT system which will result in savings of about $30,000 per year.

Retention of L.A. Consulting, Inc.

To assist the City’sefforts to implement the MaintStar WAMS and LMS systems, staff recommends the retention of L.A. Consulting, Inc. As MaintStar will be responsible for the conversion of data, training, and transitioning to the new systems, L.A. Consulting, Inc. will assist staff with the procedural efforts to bring the software systems live, including configuring the systems to optimize staff use. L.A. Consulting, Inc. has extensive knowledge of MaintStar which spans more than two decades. L.A. Consulting has assisted the City in the past, as well as other jurisdictions around California. L.A. Consulting, Inc. will be providing operational expertise and hands-on training regarding use of the system on a day-to-day basis and provide feedback on data improvement and integration of the software into daily operations.

Purchase of Smart Devices
Due to the significant upgrade of both the WAMS and LMS, the purchase of new hardware, including Apple iPads and Microsoft Surface Pros, will be included as part of this transition. Significant field- based functionality of both the WAMS and LMS systems will allow field staff to utilize these systems for dispatching work, accessing information, and collecting data. With MaintStar’s cloud-based system, these devices will ensure real time data is being tracked and stored.

Conclusion
MaintStar would provide the City of Orange the resources to efficiently manage its assets and resources while providing opportunities to improve and refine management practices with the assistance of the analytics. The real time cloud based MaintStar will significantly improve both external and internal customer service requests from the current software.

7. ATTACHMENTS
· Agreement with MaintStar
· Agreement with L.A. Consulting
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45 Agenda Item
City Council
Item #: 3.4. 3/14/2023 File #: 21-0643
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher S. Cash, Public Works Director

3. RECOMMENDED ACTION

2. Approve the agreement with L.A. Consulting, Inc. for implementation services in the amount of $127,182 and authorize the Mayor and City Clerk to execute on behalf of the City.

3. Approve the purchase of 60 smart devices in the amount not to exceed $70,000.

City of Orange Printed on 3/9/2023Page 1 of 6
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46 Item #: 3.4. 3/14/2023 File #: 21-0643

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.

Functionality & Benefits
The cost-effective benefits of upgrading MaintStar are extensive, it will improve asset tracking, streamline maintenance processes, and provide better data management. • Asset Tracking: One of the main benefits of using MaintStar is the software’sability to easily create and manage asset records, including detailed information about the asset's location, City of Orange Printed on 3/9/2023Page 2 of 6
powered by Legistar™
47 Item #: 3.4. 3/14/2023 File #: 21-0643
create and manage asset records, including detailed information about the asset's location, condition, and maintenance history. This makes it easy for City staff to quickly locate and assess the condition of an asset, which can help to improve response times, and reduce downtime.
• Streamlined Maintenance Processes: Another benefit is the software’sability to create custom maintenance schedules, which can help to ensure that assets are properly maintained on a regular basis. Additionally, the software includes tools for tracking maintenance requests and work orders, which can help improve communication between staff and ensure that all maintenance tasks are completed in a timely manner. MaintStar will integrate with the City’s“Orange24/7”App to streamline maintenance requests and reduce turnaround time for completing repairs.
• Data Management: With this software, staff can easily access detailed information about their assets, including condition and maintenance history, which can be used to make informed decisions about future maintenance and repairs. Additionally, the software includes tools for generating reports and analyzing data, which can help to identify trends and improve overall performance. Of significant importance, MaintStar will integrate with the City’sGIS system to integrate asset information with our other GIS data layers to create a more comprehensive record of our infrastructure.

The following is a department-by-department breakdown of the benefits of MaintStar’s WAMS:

Community Services has a history of using an antiquated version of MaintStar for basic work order tracking. Generally, the Department intends to use the upgraded version of the software to plan and document maintenance activities of park assets, improve efficiency, and plan for future needs using City of Orange Printed on 3/9/2023Page 3 of 6
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48 Item #: 3.4. 3/14/2023 File #: 21-0643
document maintenance activities of park assets, improve efficiency, and plan for future needs using tangible data.

With the software’smobile capability, field staff will be able to receive requests, create tasks, and log work performed and resources used in the field with the use of an iPad and/or mobile phone.

Staff from Public Works, Community Development, Fire, and other departments have been working City of Orange Printed on 3/9/2023Page 4 of 6
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49 Item #: 3.4. 3/14/2023 File #: 21-0643
Staff from Public Works, Community Development, Fire, and other departments have been working with an experienced LMS consultant, Park Consulting Group, since early 2022 as part of the City’s LMS procurement efforts. The City’sgoal was to replace or update the outdated TrackIT software with a new permitting and land management system that offers advanced cloud-based technology and augmented functionality.

Project implementation is scheduled to begin in April, with an anticipated go-live within 12 months.

The total 5-year cost of MaintStar’sLMS is $604,463, which includes a contingency of 10%. The first annual amount is $282,500, which includes a one-time implementation cost of $273,500 an annual City of Orange Printed on 3/9/2023Page 5 of 6
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50 Item #: 3.4. 3/14/2023 File #: 21-0643
annual amount is $282,500, which includes a one-time implementation cost of $273,500 an annual subscription fee of $59,000 due when the LMS is live, and a loyalty discount of $50,000. As the City transitions to the new LMS system, we will sunset our current CentralSquare/TrakIT system which will result in savings of about $30,000 per year.

Retention of L.A. Consulting, Inc.

7. ATTACHMENTS
· Agreement with MaintStar
· Agreement with L.A. Consulting
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51 SOFTWARE SERVICES AGREEMENT
[Land Management and Work Asset Management Software Services]

THIS SOFTWARE SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of ____________, 20 __ (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and MAINTSTAR, INC ., a Texas 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” and Exhibit “B,” which are attached hereto and incorporated herein by reference. As a material inducement to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The services which are the subject 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 business of providing such services and is experienced in performing the work. Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity provid ing such services to a municipal agency. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" and Exhibit “B” to the contrary.

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

2. Compensation and Fees.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed ONE MILLION ONE HUNDRED NINETY-SEVEN THOUSAND FOUR HUNDRED EIGHTY-SIX DOLLARS and 00/100 ($ 1,197,486.00) without the prior written authorization of City. The subscription fees component of the compensation is payable as follows:

• The first year subscription cost shall be ONE HUNDRED EIGHTEEN THOUSAND DOLLARS and 00/100 ($118,000.00). Subsequent year subscription costs shall be increased by the CPI, up to a maximum of 5%. The first annual subscription cost shall be prorated according to the actual months the software is implemented.

52 2
b. The above compensation shall include all costs, including, but not limited to, a 10% contingency, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence, and all related expenses.

2.1 Term and Extension(s)

a. The Initial Term of this Agreement is five (5) year s (the “Initial Term”), commencing April 1, 2023, and expiring on March 31, 2028 (the “Expiration Date). The City has the right to extend the term of this Agreement by giving not less than sixty (60) days’ notice for the following extension and upon the following terms:

• The First Extension Term is five (5) years (the “First Extension Term”), commencing April 1, 2028, and terminating March 31, 2033, in a total amount not to exceed NINE HUNDRED FIFTEEN THOUSAND THREE HUNDRED THIRTY -NINE DOLLARS and 00/100 ($915,339.00). The First Extension Term year subscription cost shall be no greater than ONE HUNDRED FIFTY THOUSAND SIX HUNDRED ONE DOLLARS and 00/100 ($150,601.00). Subsequent year subscription costs shall be increased by the CPI, up to a maximum of 5%.

b. The City Manager is hereby authorized on behalf of City to give written notice to Contractor of City’s intention to exercise the Extension (if at all) no later than sixty (60) days prior to the Expiration Date of the Initial Term; provided, however, that City’s notice of its intention to extend the term of this Agreement shall be expressly conditioned upon and subject to the approval by the City Council, in its sole and absolute discretion, of an amount sufficient to pay the compensation set forth herein for the Extension as part of its annual budget approval process prior to the beginning the Extension. While the parties acknowledge that City is required to give its notice of intention to extend the term of this Agreement not l ater than sixty (60) days prior to the Expiration Date of Initial Term, it is possible that the City Council’s approval of its annual budget and appropriation of funds for the Extension in question may occur thereafter. Accordingly, if the City Council fai ls to approve and appropriate funds sufficient to pay the amount of compensation set forth herein for the Extension, this Agreement shall terminate and be of no further force and effect as of the expiration of the Initial Term. Notwithstanding anything in this provision to the contrary, in the event City gives Contractor written notice exercising the Extension and City receives notice that appropriation of funds for the Extension in question are not available after Contractor has performed services under th e Extension, City agrees that Contractor will be equitably compensated for all services performed under any portion of the Extension through the date of termination of the Agreement. Except as specifically set forth herein, the terms and conditions of the First Extension will be the same as the Initial Agreement.

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

3. Payment.
53 3

a. As scheduled services are completed, or as otherwise provided in Exhibits “A” and “B,” 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 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.

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

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

6. Independent Contractor . At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Contractor shall be solely responsible for, and shal l 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 regulation s of any nature whatsoever.

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

7. Contractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an 54 4
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 s “A” or “B,” shall perform work provided for under t his 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 assig nment or subcontracting may be approved by the City Manager or designee.

10. Time of Completion. Except as otherwise specified in Exhibit “A” or Exhibit “B,” Contractor shall commence the work provided for in this Agreement within thirty (30) days of the Effective Date of this Agreement and diligently prosecute completion of the work in accordance with the time period set forth in the Exhibits 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 55 5
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.

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.

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 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 56 6
against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.

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

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

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

18. Insurance.

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

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 liabilit y 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 57 7
of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.

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

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

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

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

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

l. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for 58 8
review and approval. All coverages for subcontractors shall b e subject to all of the requirements stated herein.

19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than five (5) days’ written notice of intent to terminate during the implementation phase. 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. After implementation phase of the project and go live, City may for any reason terminate this Agreement by giving Contractor not less than ninety (90) days’ written notice of intent to terminate , the City annual subscription cost shall be pror ated for the month software service used.

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, acc ounting 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, 59 9
and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and

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

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

(4) Has responded, and shall at all times 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 Ho meland 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.

60 10

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

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”

Maintstar, Inc. City of Orange
300 E. Chapman Avenue
Orange, CA 92866-1591
Attn.: Attn.: Public Works Director

Telephone: Telephone: 714-744-
E-Mail: 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]

61 11
IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.

“CONTRACTOR” “CITY”

MAINTSTAR, INC., CITY OF ORANGE, a municipal corporation

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning, 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.
62 EXHIBIT “A”

SCOPE OF SERVICES

ENTERPRISE ASSET MANAGEMENT SYSTEM

[Beneath this sheet.]

63 MARCH 3, 2023

Prepared by: Eric Sabato

STATEMENT OF WORK FOR

THE CITY OF ORANGE

ENTERPRISE ASSET

MANAGEMENT

CITY OF ORANGE

800 • 255 • 5678 phone
949 • 458 • 7626 fax
[email protected]
64 STATEMENT OF WORK FOR THE CITY OF ORANGE
MARCH 3, 2023

3510 Turtle Creek Blvd #17B
Dallas • TX • 75319

Contents
PROJECT INTRODUCTION ............................................................................................3 Executive Summary .................................................................................................3 TASKS AND DELIVERABLES ..........................................................................................3 Shared Responsibilities ...........................................................................................3 Requirements Review and Confirmation .................................................................4 Project Planning and Management .........................................................................4 Meetings and Updates ............................................................................................9 Training Plan ...........................................................................................................9 Go-Live Conditions ................................................................................................ 10 Support Options .................................................................................................... 11 Project Closeout .................................................................................................... 12 ACCEPTANCE ............................................................................................................ 13 PROJECT QUOTE ...................................................................................................... 14

65 STATEMENT OF WORK FOR THE CITY OF ORANGE
MARCH 3, 2023

3510 Turtle Creek Blvd #17B
Dallas • TX • 75319

PROJECT INTRODUCTION
Executive Summary
This Statement of Work (SOW) defines the tasks and deliverables required of MaintStar for the installation, configuration, integration and maintenance and support of the MaintStar version 15 Enterprise Asset Management System for the City of Orange, CA. Working in a partnership with city staff, this project will consist of the following:

• Upgrade of existing MaintStar application to Version 15 • Conversion of Assets, all work history, Work Orders, and appropriate Setup Tables • Setup and Implementation of Street Maintenance, Water, Fleet, Traffic, Engineering, Facilities and Parks
• Setup of Maintstar Mobile Citizen and Work Request
• Setup Warehouse Network
• Conduct Facilities Conditions Assessment Data and Integrate Data into Facilities Module • GIS Setup and Implementation
• Dedicated On Site Project Manager
• Up to 35 Days on site training and configuration
• Hosting, Licensing and Support

TASKS AND DELIVERABLES
Shared Responsibilities
Throughout the project, MaintStar will provide dedicated and professional staff to ensure project success. It is requested that City of Orange provide primary and backup staff with sufficient available time and technical proficiency or third-party consultant. All team members will be introduced, and roles explained during the initial project kickoff meeting.

At a minimum, the following City of Orange staff resources are recommended to comprise the Orange Project Team:
• Project Manager (primary and secondary)
• Functional business expert(s) for work requests, work orders inventory and fiscal reports, service writers, crew leaders, supervisors, and end users. 66 STATEMENT OF WORK FOR THE CITY OF ORANGE
MARCH 3, 2023

3510 Turtle Creek Blvd #17B
Dallas • TX • 75319

• Third-Party Implementor
In addition to staff member availability, it is also requested that MaintStar be provided all appropriate access to existing databases, applications, and available resources to successfully facilitate database conversion. City reserves full rights to MaintStar access to existing databases, applications, and available resources.

Requirements Review and Confirmation
The specified requirements will be reviewed, confirmed, and finalized and will be conducted with MaintStar and designated key members of the Orange Project Team, especially business subject matter experts. Any additional requirements identified beyond those previously specified in this SOW or in a requirements list will be analyzed and documented. Additional requirements will be discussed to determine feasibility of inclusion into the project, either in or out of scope.

Customizations and modules outside the scope of this document are subject to a change order process.

Any additional or future interfaces and training beyond what is contained within this Scope of Work and Quote will be subject to additional charges.

Project Planning and Management
MaintStar will provide a dedicated primary and backup project manager throughout implementation.

In addition, a developer, database analyst and GIS specialist will be assigned with backups available to assist. Implementation staff will partner with appropriate City of Orange staff to ensure project success. In consideration of technology requirements, project timelines and staff availability a project plan will be developed and will consist of the following:

• Install and make operational version 15 with all selected modules • Perform data conversion of historical data, asset IDs, reports, previous attachments, and other associated information to be sent to a test environment. • MaintStar shall provide an outline of the system configuration and on-going maintenance procedures to the City’s IT Department.

Requirements and Process Analysis
• Onsite project management
67 STATEMENT OF WORK FOR THE CITY OF ORANGE
MARCH 3, 2023

3510 Turtle Creek Blvd #17B
Dallas • TX • 75319

• Review and Enhancement of existing processes and systems • Project Mission, Scope, and Objectives
• Technology Assessment
Infrastructure Preparation
• Provision Server(s) and instance(s) in AWS environment • Configure reporting server
• Assign license modules (Work Request, Portal, Mobile, GIS, Fleet – where applicable)
• Configure: email, attachments, workgroups, and all other default modules • Setup Work Request and Portal
Conversion
• Obtain legacy database
• Conduct database mapping and run test import of work orders and assets • Run data validation against legacy records
• Kick Off Meeting
o Project team introductions
o Timelines and milestones
o Meeting intervals
o Provide initial access to staff
Implementation and Configuration
• Single Sign on – two options SAML or OAUTH 2 included if needed • Workgroup setup
• GIS integration of existing layers
• Asset import (both GIS and non-GIS assets)
• Asset import for Facility Condition Assessment data in PDF • Creation of Container Files for each facility
• User and Trades setup
• Security Group creation
• Work Task Checklist: asset tracking including repair history, materials needed, and who tasks are assigned to
• Preventative Maintenance Scheduling with Updating Logic • Analytic Dashboard Configuration
• Financial Software Integration
• Currently using Tyler Technologies – Eden
• Work Order customization and including the legacy codes from MaintStar (This list below includes the minimum, but does not limit to the following):
68 STATEMENT OF WORK FOR THE CITY OF ORANGE
MARCH 3, 2023

3510 Turtle Creek Blvd #17B
Dallas • TX • 75319

• Street Maintenance
• Preventative Maintenance (PM)
o Logic to assist with efficiency of PM scheduling
• Roadway
• Concrete
• Asphalt
• Storm
• Sewer
o Import and Integration with Cues and Granite Net (Daily) • Sign and Striping
• Sidewalk
• Graffiti
• Public Right of Way
o PM
• Trees
o Data Import from West Coast Arborist
o Data Import of Landscape Maintenance Districts
• Traffic Control
▪ Fleet
• Preventative Maintenance (PM)
o Logic to assist with efficiency of PM scheduling
• Repairs
• Asset depreciation and replacement
• Fuel Master
• Sub warehouse
• Activity Codes (including new Supervisor Inspection)
▪ Facilities
• Preventative Maintenance (PM)
o Logic to assist with efficiency of PM scheduling
• Repairs
• Asset depreciation and replacement
• Based on the finding from the Facilities Conditions Assessment, the information from the report will be uploaded into MaintStar • Building Assets and Inventory (Container File)
▪ Water
69 STATEMENT OF WORK FOR THE CITY OF ORANGE
MARCH 3, 2023

3510 Turtle Creek Blvd #17B
Dallas • TX • 75319

• Preventative Maintenance (PM)
o Logic to assist with efficiency of PM scheduling
• Water hydrant
• Exercise Valve
• Pump Maintenance
• Water Distribution
• Customer Service
• Service Crew
• Miscellaneous
• Sub warehouse
▪ Traffic
• Preventative Maintenance (PM)
o Logic to assist with efficiency of PM scheduling
• Signal
o Battery Backup
• Street light
• Network Segments
• Handholes
• TMC Integration (Live)
• Miscellaneous
▪ Engineering
• FOG inspection
• CPI – Roadway
• Integration and Import (Annually)
▪ Sanitation
▪ Parks
• Parks and Park facilities (separate data group from Facilities) and corresponding assets including, but not limited to:

Baseball Field
Football Field
Soccer Field
Softball Field
Basketball Court
Handball Court
Horseshoe Pit
Tennis Court
Volleyball Court (hard)
Volleyball Court (sand)
Groundcover/shrubs
Wild flowers
Building/Security Lighting
Football Field Lighting
Fountain Lighting
Handball Court Lighting
Horseshoe Pit Lighting
Parking lot Lighting
Picnic Shelter Lighting
Pool Lighting (exterior)
Pool Lighting (interior)
Tennis Court Lighting
Volleyball Court Lighting
Wallkway/Landscape Lighting
Benches Steel
Benches Wood / Steel
Benches Wood
Bleachers Aluminum (3 row)
Bleachers Aluminum (4 row)
Bleachers Aluminum (15 ft, 5
Row)
Bleaches Aluminum (10 Row)
Bleaches Aluminum (12 Row)
Bike Racks
Picnic Tables Aluminum
Picnic Tables Aluminum (ADA)
70 STATEMENT OF WORK FOR THE CITY OF ORANGE
MARCH 3, 2023

3510 Turtle Creek Blvd #17B
Dallas • TX • 75319

Turf
Playground/Tot Lot
Tot Lot Slide
Tot Lot Swing
Shade Sail
Rubberized Surface
Pool
Pool Deck
Pool Building
Amphitheaters
Animal Pen Barn
Animal Pen Building
Armory
Barn Building (Museum)
Community Buildings
Concession Buildings
Honey House
Kiosks
Maintenance Building
Monument Signs
Multipurpose Building
Restrooms
Asphalt Parking Lots
Ball Field Lighting
Basketball Court Lighting

Concrete
DG Path
Asphalt
Exercise Equipment
Backflow Prevention Devices
Booster Pumps
Controllers
Gate Valves
Manual Valves
Pressure Relief Valves
Fencing
Walls
Pedestrian Bridges
Aluminum Bench (5 ft no/back)
Aluminum Bench (8 ft w/back)
Aluminum Bench (8 ft dugout)
Aluminum Bench (12 ft dugout)
Aluminum Bench (15ft dugout)
Aluminum Bench (16ft dugout)
Aluminum Bench (21 ft dugout)
Aluminum Bench (24 ft dugout)
Benches Concrete
Benches Recycled Plastic (5ft)
Benches Recycled Plastic (8ft)
Benches Rubberized

Picnic Tables Concrete
Picnic Tables Concrete (Circular)
Picnic Tables Rubberized
Picnic Tables Wood
Picnic Shelter
BBQs
Hot Coal Receptacle
Trash Cans Aluminum
Trash Cans Concrete
Trash Cans Metal (drum)
Trash Cans Metal (flat top)
Trash Cans Metal (funnel)
Trash Cans Plastic (Rubbermaid)
Trash Cans Recycled Plastic
Planks
Trash Cans For Recyclables
Drinking Fountains
Drinking taps (for dogs)
Decorative Fountains
Flag Pole
Dedication Plaques
Doggy Bag Stations

• Trees (separate data group from street trees)
• Etc. (park will add)
▪ Misc.
▪ Work Request customization
• General Warehouse setup
• Portal configuration
• Labor, Equipment and Materials
• Reports and Queries
• Setup Table integration
• Mobile Citizen customization
• Integration and import data from GoGov
▪ Link with GoGov and integration
• Fuel Master integration
▪ Vehicle fuel usage tracking
▪ Vehicle engine run and idle time
• Sewer Video Inspection and Data import (GraniteXP integration) ▪ Store future video and inspection on Maintstar if possible ▪ MicroPaver integration
• Pavement conditional index (PCI) on segment Id
71 STATEMENT OF WORK FOR THE CITY OF ORANGE
MARCH 3, 2023

3510 Turtle Creek Blvd #17B
Dallas • TX • 75319

▪ Arbor Access Integration
• Tree inventory and last trim maintenance activities
▪ Document integration with Laserfiche
Milestone Sign Off
Go Live
• Onsite Training and Go Live Support
• Option to have multiple Go Live phases
Post Go Live Support
• Milestones and Deliverables
• Quarterly assistance on each module, along with assistance on changing, importing, updating, or altering configurations and codes.

ESTIMATED DURATION: 3 Months

The above estimations are made with the assumption that City of Orange staff are reasonably available to work with MaintStar and vice versa. To facilitate timely completion of the project, Orange will endeavor to provide access to existing databases and systems, conversion testing, end user acceptance, requirements for reports and milestone acknowledgement.

Meetings and Updates
Regularly scheduled meetings are critical to ensure two-way communication, expectation management and project milestones are achieved. MaintStar recommends twice weekly scheduled meetings to discuss actions, issues, and other project related items. At a minimum, project managers and technical leads should be available for these meetings.

At the request of City of Orange, MaintStar will provide a dedicated project manager to be on site and in the field for 3 weeks during Month 1, 2 weeks of Month 2 and 2 weeks of Month 3. The investment of this time will be invaluable to the project and ensure timely completion.

Training Plan
During the implementation, 35 days of onsite and (optional) online training will be provided to ensure staff are sufficiently trained in customizations, asset management, work order entry and completion, report generation and other agreed upon requirements. To ensure appropriate resources are 72 STATEMENT OF WORK FOR THE CITY OF ORANGE
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3510 Turtle Creek Blvd #17B
Dallas • TX • 75319

available, MaintStar requests as much notice as possible when scheduling any training. The training plan will be developed and provided to ensure training is tailored to the staff in attendance.

At the City’s option, MaintStar may be available to provide 1 week of training for years 2-5. 5 Days onsite training @ $13,500 per week all expenses included. Upgrades are of no charge first 5 years as Hosting, Licenses, and Support are current.

The estimated professional fees are based on the resource requirements forecast at the time of the quotes and are subject to change because of changes in the project schedule, scope, or resource requirements for given tasks/activities.

Go-Live Conditions
The purpose of the Go-Live process to ensure that the MaintStar system is fully functional and operating properly. Particularly important will be the Public facing modules which must perform all advertised functions for City of Orange residents by the end of the go-live process. MaintStar will work with the City of Orange to coordinate a mutually agreeable Go-Live date which will be dependent on staff availability, end user training and system readiness. During the system implementation and data conversion phase, all customizations, setup tables, data validation and reports will be confirmed prior to, during and after Go-Live, as follows:

• Conditions for Go Live: City of Orange sign-off on reports, screen customizations, data import, asset and asset type setup, workgroup configuration, user accounts, work request and portal setup, and critical setup tables.
• Pre-Go Live: Subject Matter Expert crossover training, end user training, access to legacy database, City communications and outreach to internal/external customers, scheduling of downtime.
• Go Live: MaintStar to run final conversion, usually on a Thursday and Friday with Saturday and Sunday being reserved for any necessary work. City to shut down legacy system during this time and commit to running on “paper” during the outage. • Post Go Live: MaintStar staff to be available to provide production support. City of Orange to schedule the retirement of the legacy system

73 STATEMENT OF WORK FOR THE CITY OF ORANGE
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3510 Turtle Creek Blvd #17B
Dallas • TX • 75319

Support Options
POST GO LIVE WARRANTY SUPPORT – for 90 days following application “Go Live”, MaintStar will provide direct support to the customer to ensure application functions as expected. This support will be coordinated through regular meetings with the Project Team(s).

TRANSITION TO REGULAR SUPPORT – following the warranty period, the customer will transition to the regular support model, as outlined below.

NORMAL SUPPORT HOURS – means Monday – Friday, 4:00am – 4:00pm PST, except CONTRACTOR’S seven (7) Observed Holidays, which are:

1. New Year’s Day

2. Memorial Day

3. Independence Day

4. Labor Day

5. Thanksgiving Day

6. Day after Thanksgiving

7. Christmas Day

ISSUE BEGINS – an issue does not count if it is reported during planned system maintenance. The issue begins the latter of these three (3) events:

• When MaintStar Support answers the phone call reporting an issue during Normal Support Hours, from a Designated Support Contact; or
• The customer sent e-mail received during Normal Support Hours; or • The designated customer point of contact submits an online Issue Tracker request

ISSUE ENDS – the issue ends when the Supported Application returns to operational status.

SUPPORT AVAILABILITY – is during Normal Support Hours. Compliance means providing a response within one to four hours of the Issue Beginning for Severity one (1) issue (see table below). For other issues, MaintStar will respond within accordingly, depending on the priority.

BEST EFFORTS – means that MaintStar will provide best efforts to use all resources at our disposal to resolve the issue as quickly as possible. We cannot guarantee exactly how long this will be, and it will 74 STATEMENT OF WORK FOR THE CITY OF ORANGE
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3510 Turtle Creek Blvd #17B
Dallas • TX • 75319

vary depending upon the nature of the outage. Certain outages caused by an Act of God (beyond anyone’s reasonable control) may take longer to resolve than others.

PROCEDURE TO REPORT AN ISSUE – the Customer is responsible to report an issue. This can be completed in three (3) ways:

• For Non-Emergency Issues (Priorities 2 or 3):
o Utilize the Issue Tracker within the MaintStar Application • Use Support.Maintstar.com
• For Emergency After Hour Issues (Priority 1) call (800) 255-5675

Project Closeout
Project Closeout signifies final acceptance and formal closing of the Project and that all project goals and objectives have been achieved. At this time the City of Orange may choose to pursue additional or other out of scope at continuous improvement Projects, applications or interfaces, further building on the completed solution. At closeout the following is true:

Objectives:
• Confirm no critical issues remain for the project teams to resolve • Determine proper knowledge transfer to the City of Orange teams for key processes and subject areas has occurred
• Verify all deliverables included in the Agreement are delivered

Billing Schedule
• 50% due at project start
• 50% due at Go Live
• Optional training and services due after services rendered • Add storage capacity and option to increase per TB free of charge. • $59,000 Year 1
• $61,950 Year 2
• $65,047 Year 3
• $68,299 Year 4
• $71,713 Year 5
o Include CPI table CPI* 5% if actual is lower, we will lower. • Includes any upgrades during the length of the agreement 75 STATEMENT OF WORK FOR THE CITY OF ORANGE
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3510 Turtle Creek Blvd #17B
Dallas • TX • 75319

o MaintStar will provide support on any new upgrades
• $75,298 Year 6
• $79,062 Year 7
• $83,015 Year 8
• $87,165 Year 9
• $91,523 Year 10

ACCEPTANCE

Customer Company Name Service Provider Name

Full Name Full Name

Title Title

Signature Signature

Date Date
76 STATEMENT OF WORK FOR THE CITY OF ORANGE
MARCH 3, 2023

3510 Turtle Creek Blvd #17B
Dallas • TX • 75319

PROJECT QUOTE

77 13
EXHIBIT “B”

SCOPE OF SERVICES

LAND MANAGEMENT SYSTEM

[Beneath this sheet.]

78 MaintStar, Inc.
28 Hammond Unit D
Irvine, CA 92618
800-255-5678
949-458-7626 fax
www.maintstar.com
Eric Sabato
Vice President of Sales
714-883-8851
[email protected]
City of Orange - CA
MaintStar LMS Land Management System
Scope of Work
79 City of Orange
Statement of Work – Land Management Software and Deployment MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 2

CONTENTS
Table of Contents 2
Overview 4
Services Description 4
Project Schedule 5
Project Management 5
Critical Success Factors 5
Iterative Refinement 6
Web-Based Shadow Training 6
Work Description 6
Initiation 7
Deliverable 1 – Project Initiation 7
Assumptions and City Responsibilities 7
Acceptance Criteria 8
Analysis 9
Deliverable 2 – Conversion Analysis 9
Assumptions and City Responsibilities 9
Acceptance Criteria 9
Configuration Support 10
Deliverable 3 - Configuration 10
Assumptions and City Responsibilities 10
Acceptance Criteria 10
Build 11
Deliverable 4 – Legacy Data Conversion Analysis 11
Assumptions and City Responsibilities 11
Acceptance Criteria 11
Deliverable 5 - Legacy Data Conversion 12
Assumptions and City Responsibilities 12
Acceptance Criteria 12
Deliverable 6 – Interfaces 13
Assumptions and City Responsibilities 13
Acceptance Criteria 14
Deliverable 7 – Reports 15
Assumptions and City Responsibilities 15
Acceptance Criteria 15
Readiness 16
Deliverable 8 - Training 16
Assumptions and City Responsibilities 16
Acceptance Criteria 17
80 MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 3 City of Orange
Statement of Work – Land Management Software and Deployment Deploy 18
Deliverable 9 – Production Support 18
Assumptions and City Responsibilities 18
Acceptance Criteria 18
Deliverable 10 – Post Deployment Support and Transition to MaintStar Support 19 Assumptions and City Responsibilities 19
Acceptance Criteria 19
Attachment A – Required Features and Capabilities 20
General Requirements 20
On-Line Requirements 22
Mobile Field Access 23
Standard and Custom Reporting 24
Intake and Processing Module 25
MaintStar Electronic Plan Review 27
Inspection Module 29
Code Enforcement Module 31
Attachment B – Cost Quote 32
Attachment C – Sign Sheet 35
Project Costs and Fees 35
Payment Milestones 35
Acceptance 35
81 City of Orange
Statement of Work – Land Management Software and Deployment MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 4 MaintStar Inc. (‘MaintStar’) will work with City of Orange, CA (“City”) staff to implement the software, leverage best practices, improve the customer experience, and meet functionality, timing, and cost requirements. This Statement of Work (SOW) sets forth a scope and definition of professional services work and project (“Services”) to be provided by MaintStar to the City.

PURPOSE
The purpose of this project is to implement the City’s MaintStar LMS cloud environment. Through this SOW, MaintStar and the City will detail the scope of activities, deliverables, roles and responsibilities, and acceptance criteria that will enable the City to achieve its objectives through the implementation and configuration of:
• Record / Config / Sub- types Configuration – this will include the following record types:
• Building Permit
• Planning and Zoning
• Code Enforcement with housing config. type
• Grading
• Encroachment / Transportation
• Workflow Configurations
• Inspection Configuration for all types of required inspections • Fee Configurations
• Email Templates
• Attachment, Contact Types Configuration
• Security Configuration
• Reports, Queries, and Form Writing
• Image Capturing (Attachments)
• ESRI Integration (ArcGIS)
• Laserfiche Integration
• Contractor State Licensing Board Integration
• City Area / GIS Zones Configuration
• Portal Configuration
• Payment Vendor Integration for portal payment processing

OVERVIEW

SERVICES DESCRIPTION
82 MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 5 City of Orange
Statement of Work – Land Management Software and Deployment

PROJECT SCHEDULE
Upon execution of this SOW, MaintStar and the City will collaborate to determine a start date for services to be rendered. MaintStar will work with City staff to collaboratively define a baseline project schedule to achieve a 6 to 12- month schedule.

PROJECT MANAGEMENT
By mutual agreement, MaintStar will work with the City to provide ongoing project management services throughout the implementation to plan and monitor the execution of the project following the activities outlined in the SOW. These services include the following:
• Facilitate a weekly project status meeting with MaintStar and the City Project Team to review tasks completed during the prior weeks, the upcoming tasks requiring completion during the coming weeks, the resources needed to complete the tasks, a listing of any issues that may be placing the project at risk (e.g., issues that may delay the project or jeopardize the production date). • The City Project Manager will work with MaintStar to manage Project Documentation using the LMS Implementation record type, including:
• Issue log management and escalation
• Status reporting
• Change Order Management
• Resource Management
• Project oversight
• Facilitate a monthly project review meeting with the Project Steering Committee • Payment Vendor Integration for portal payment processing

CRITICAL SUCCESS FACTORS
To successfully execute the services described herein, there are several critical success factors for the project:
• Knowledge Transfer: A critical part of the implementation involves MaintStar’s transfer of knowledge to the City so that the City builds its knowledge to become self- sustainable in supporting MaintStar LMS.

After post-production assistance tasks are completed by MaintStar, The City will be responsible for the normal administrative support for the MaintStar LMS system. The administration support includes tasks like: fee updates, updating TBS document templates, managing users and rights, internal training, etc. Strong and focused participation by City staff throughout the configuration and deployment of MaintStar LMS will enable MaintStar to equip the City to assume operation of MaintStar LMS once the • Dedicated City Participants: The success of the project hinges on thoughtful, prepared, and sustained participation from City staff. MaintStar fully understands City staff has responsibilities that will compete with the time that can be dedicated to the MaintStar LMS implementations project and will take steps to be respectful of that time.
83 City of Orange
Statement of Work – Land Management Software and Deployment MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 6

ITERATIVE REFINEMENT TO SYSTEM IMPLEMENTATION
MaintStar will use the proven phased and iterative implementation approach, ensuring process-specific detail perfection before each subsequent stage (iterative refinement processing). A collaborative Project Management system offers project governance and a mutual method for tracking implementation. All implementation uses a formalized sign-off process, defined by clearly stated deliverables.

WEB-BASED SHADOW TRAINING
During the course of implementation MaintStar performs web based shawdow training. Shawdow training method (“show you, show me”) is a proven method to provide users and customer teams to gain a confident strong understanding not only of system operation but system design concepts that they leverage to get the most advantages from the applications.

As each milestone is achieved, mutual testing with shawdow training provides optimal combination of implementation success measurement, ease of use feedback, and system understanding.

WORK DESCRIPTION
The following section describes the activities and tasks that will be executed to meet the objectives and requirements of the City for this project. In support of the implementation, MaintStar will provide the following implementation services. For each deliverable, a description is provided as well as assumptions, City responsibilities, and criteria for acceptance of deliverables. 84 MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 7 City of Orange
Statement of Work – Land Management Software and Deployment

INITIATION
DELIVERABLE 1 – PROJECT INITIATION
Project initiation ensures the project starts in a well- organized, structured fashion and reconfirms expectations regarding the implementation. This deliverable is comprised of project planning activities, set up of project management templates and tools, and the first meeting conducted between the City and MaintStar after signing of the SOW.

In conjunction with City representatives and any designated support consultants, MaintStar will perform the following tasks:
• Kickoff: Conduct formal Project Initiation Kickoff to bring together key project sponsors to review the project scope and methodology – and set expectations for the delivery team. • Methodology: communicate the MaintStar methodology that will be used to deliver the services. • Project Document Management: Utilize the City’s LMS sandbox site for project documentation. •
Communication Plan and Project Guidelines: Develop a Communication Plan and project guidelines including communication norms, escalation procedures, status reporting templates, issue/risk management logs, work locations, etc.
• Scheduling: Establish weekly Project Status meeting and monthly Steering Committee schedule and confirm attendees.
• Deliverable Acceptance: Finalize and document formal deliverable sign- off procedures, identify team members that will be responsible for sign- off from the City and MaintStar. • Baseline Project Plan: Review and provide feedback to the integrated baseline project plan that includes resource allocation for all work in the project.

ASSUMPTIONS AND CITY RESPONSIBILITIES
Project initiation ensures the project starts in a well- organized, structured fashion and reconfirms expectations regarding the implementation. This deliverable is comprised of project planning activities, set up of project management templates and tools, and the first meeting conducted between the City and MaintStar after signing of the SOW.

In conjunction with City representatives and any designated support consultants, MaintStar will perform the following tasks:
• The city will:
• Assign a project manager.
• Assist in the development of the implementation plan
• Assign appropriate resources to each of the kickoff activities described above. • Identify and set expectations with key resources and Subject Matter Experts (SMEs) for ongoing participation in the project.
• Provide timely and appropriate responses to MaintStar’s requests for project planning input and meeting logistics requests.
• Adhere to agreed time-lines for deliverable review and acceptance. • Project Sponsors will participate in the Project Kickoff meeting to lay the groundwork for a successful project.
• MaintStar, the City and their designated support consultants will participate in a meeting before the kickoff to mutually agree on the above listed deliverables. 85 City of Orange
Statement of Work – Land Management Software and Deployment MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 8

ACCEPTANCE CRITERIA
The deliverable will be considered complete when the following is executed: • Review and acceptance of:

In conjunction with City representatives and any designated support consultants, MaintStar will perform the following tasks:
• Review and acceptance of:
• Project Initiation Kickoff presentation
• Project Status Report T emplate
• Baseline Project Plan
• Completion of:
• Project Initiation Kickoff meeting
86 MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 9 City of Orange
Statement of Work – Land Management Software and Deployment

ANALYSIS
DELIVERABLE 2 – CONVERSION ANALYSIS
Conversion Analysis is comprised of activities required to identify the current procedures and data to be converted. MaintStar will review the comprehensive summary documentation provided by the City to learn as- is process work-flows and previously identified issues, opportunities, and recommendations. The key output of the process is the screen and data conversion mapping documentation, which serves as a blueprint for design and configuration efforts throughout the project and establishes the benchmarks for testing and acceptance at the conclusion of the project.

In conjunction with City representatives and their designated support consultants, MaintStar will perform the following tasks:
• Develop the screen and data conversion mapping documentation. MaintStar will work closely with City SMEs and their designated support consultants to identify any necessary revisions in planning, organizing, direction, and resource monitoring functionality processes as the result of LMS implementation with City SMEs and their designated support consultants to identify any necessary revisions in planning, organizing, direction, and resource monitoring functionality processes as the result of LMS implementation.
• Familiarize City leads and SMEs with MaintStar LMS software and capabilities to ground them in the knowledge they need going into the implementation.
• Create of the screen and data conversion mapping documentation. Provide input and guidance on development of the screen and data conversion mapping documentation.

ASSUMPTIONS AND CITY RESPONSIBILITIES
The City will:
• The City will:
• Provide the screen shots, working reports, data maps and other existing business process documentation including process flows, reports and forms, and other relevant information. • Make available the appropriate City SMEs to provide the required information, participate in the configuration analysis and verify the accuracy of the documented formats and data elements. • Schedule participants for meetings in workshops as needed. • Provide timely and appropriate responses to MaintStar’s request for information. • Documentation and analysis sessions as necessary will be performed remotely.

ACCEPTANCE CRITERIA
The deliverable will be considered complete when the following is executed:
• Review of the screen and data mapping documents to validate that the content accurately reflects the identified required planning, organizing, direction, and resource monitoring functionality processes as a result of conversion to MaintStar LMS.
• Acceptance of the updated Comprehensive Summary Document. 87 City of Orange
Statement of Work – Land Management Software and Deployment MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 10

CONFIGURATION SUPPORT
DELIVERABLE 3 – CONFIGURATION
MaintStar will provide the Configuration of MaintStar LMS to support the requirements defined in the developed screen and data conversion mapping documentation.

MaintStar will perform the following tasks:
• Configure System: Work with the City and designated support consultants to configure MaintStar LMS as defined in the developed screen, fees, inspection, work-flows, and all other aspects of system configuration. The configuration of the system will be the basis for the data conversion mapping from the existing system to the configured record types in MaintStar LMS. • Knowledge Transfer: Provide support in the demonstration of the configuration process to City staff so that they may learn through observation.

ASSUMPTIONS AND CITY RESPONSIBILITIES
The City will:
• The City will:
• Make available the appropriate City users and SMEs to:
• Participate in configuring the system to learn about the system. • Work with MaintStar to verify the system has been configured as required in the • Provide timely and appropriate responses to MaintStar’s request for information. • Documentation and analysis sessions as necessary will be performed remotely.

ACCEPTANCE CRITERIA
This deliverable will be considered complete when the following is executed:
• Review and approve the base implemented configuration of MaintStar LMS as documented in the approved developed screen and data conversion mapping documentation.. • Acceptance of the updated Comprehensive Summary Document. 88 MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 11 City of Orange
Statement of Work – Land Management Software and Deployment BUILD
DELIVERABLE 4 – LEGACY DATA CONVERSION ANALYSIS
The required data mapping effort will be conducted by MaintStar staff in conjunction with City personnel and their designated support consultants. MaintStar will work in partnership with appropriate City staff and their designated support consultants, to prepare for the migration of data from the City’s legacy system(s) to MaintStar’s Cloud LMS Development Environment.

MaintStar will perform the following tasks:
• Data Specification: Provide consultation to City personnel in mutually agreed upon requirements and mapping of the City’s legacy data into MaintStar LMS.

ASSUMPTIONS AND CITY RESPONSIBILITIES
• The City will:
• Provide staff knowledgeable with the legacy data to assist in the data migration/conversion effort.
• The City maintains responsibility for data quality assessment and/or data cleansing. The City will need to review it’s existing data that is intended to be converted and do any adjustments or corrections they deem needed in the existing data prior to final conversion. Some data issues may be handled post conversion using the tools available in the MaintStar system and this should be discussed in detail with your MaintStar implementation team to define the best methods for handling any data corrections in the historical data. • The conversion process will execute up to three (3) iterations of the data conversion with testing of the converted data after each conversion run. If additional conversions are required and project schedule permits, additional conversion can be conducted upon mutual agreement

ACCEPTANCE CRITERIA
This deliverable will be considered complete when the following is executed:
• All data elements have been identified and confirmed by the City for conversion from the legacy system to MaintStar LMS.

The build stage includes the data conversion, development of interfaces, and custom report development. It comprises all the additional critical activities outside of the core configuration. Similar to Configuration, the City and their designated support consultants involvement in each step is critical to ensure success. 89 City of Orange
Statement of Work – Land Management Software and Deployment MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 12 DELIVERABLE 5 – LEGACY DATA CONVERSION: MAINTSTAR LMS
MaintStar will migrate appropriate legacy data into the MaintStar LMS Development Environment.

MaintStar will perform the following, working in partnership with appropriate City staff and their designated support consultants, to convert the data from the City’s legacy data to MaintStar LMS Cloud Development Environment:
• Migrate: MaintStar will migrate appropriate legacy data into the MaintStar LMS Development Environment.
• Validation: Provide confirmation documentation during each conversion test to verify data is being transferred correctly.
• Planning: Work with the City and their designated support consultant to plan and execute the final data conversion.
• Conversion: MaintStar to provide guidance on data elements that cannot be mapped.

ASSUMPTIONS AND CITY RESPONSIBILITIES
• The City will:
• Maintain responsibility for data quality/data cleansing. • Provide staff knowledgeable with the legacy data to assist in the data migration/conversion effort.
• Validate/test the converted data. - Provide access to appropriate SMEs or system owners as needed throughout the conversion process.
• Provide timely and appropriate responses to MaintStar’s request for information. - Facilitate mapping effort and map the data.
• Provide access to legacy data for the mapping tool.
• The conversion process will execute up to 3 iterations of the data conversion with testing of the converted data after each conversion run. If additional conversions are required and the project schedule permits, additional conversions can be conducted upon mutual agreement. • Each data conversion will include up to three test runs. • The City will provide resources to accurately assess the quality of legacy data to be converted and take mutually acceptable measures to improve the quality of the data to meet project requirements.

ACCEPTANCE CRITERIA
This deliverable will be considered complete when the following is executed:
• Legacy data has been converted to MaintStar LMS Cloud Development Environment and confirmed by the City.
90 MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 13 City of Orange
Statement of Work – Land Management Software and Deployment DELIVERABLE 6 – INTERFACES – ESRI, CSLB, Laserfiche, and Tyler EDEN The City will use ESRI as a source for address, parcel, owner information, asset details, etc. The City will be responsible for all working portions of this interface as they pertain to ESRI whereas MaintStar will be responsible for all portions as they pertain to MaintStar. MaintStar will perform the following tasks in partnership with City staff:
• Data Gathering: Conduct interface analysis sessions with the City to determine requirements. • Interface Specification: Produce ESRI Interface/map and feature services specifications document as a basis for configuring the map services.
• Create GIS Service: Create and maintain a GIS service to be utilized by the interface. • Assist in testing and debugging: Assist the City with testing and debugging of the interface.

The City system will implement the standard interface to the California State Licensing Board (CSLB) that will validate a contractor’s state license in a real- time mode. The options for use of this module will be reviewed and configured during the implementation meetings.

The system will be configured to use the City Laserfiche document management system as the long- term repository of system related documents. The City will need to provide the API license and related documentation from Laserfiche that the LMS system will use for interaction with the Laserfiche system. The City will need to ensure the MaintStar LMS cloud system will have connection access to the City’s Laserfiche platform for testing and production.

The system will utilize the standard MaintStar interface to the Tyler EDEN accounting system utilizing the City’s available EDEN file import format as EDEN does not have a direct API interface for posting transactions.

ASSUMPTIONS AND CITY RESPONSIBILITIES
• The City will:
• Provide the necessary information needed to assist in developing the ESRI Interface Specifications document.
• Provide interface data in the format(s) specified by the MaintStar team including:
• Ensure proper data is being pushed to MaintStar LMS module. • Assist in the interface specification development and data mapping process between MaintStar LMS module and ESRI GIS.
• Review and approve the ESRI Interface Specifications document. • Allocate the time for qualified personnel to test the interface for acceptance and ensure the data is pushed successfully according to the ESRI Interface Specifications document.
• Create test data for and certify interface before the start of User Acceptance Testing (UAT).
• Provide timely and appropriate responses to MaintStar’s request for information. • The purpose of all interfaces will be limited to an exchange of data. 91 City of Orange
Statement of Work – Land Management Software and Deployment MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 14

ACCEPTANCE CRITERIA
This deliverable will be considered complete when the following is executed:
• Legacy data has been converted to MaintStar LMS Cloud Development Environment and confirmed by the City.
• Demonstration and approval of the completed interface as per the requirements detailed in the ESRI Interface Specifications document.
• MaintStar LMS is fully operational with the City’s GIS interface 92 MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 15 City of Orange
Statement of Work – Land Management Software and Deployment DELIVERABLE 7 – REPORTS
Reports are defined as anything that can be printed from the system, including but not limited to, reports, forms, queries, documents, notices, and correspondence the City wishes to print or export as identified during configuration analysis. During the system implementation process (up- to the system going live), the City can identify any forms or reports they want created and the MaintStar implementation team will configure those forms and reports as part of the implementation process at no additional cost. Reports and exports will be developed using Queries/SSRS/Word- TBS.

In support of report development, MaintStar will perform the following tasks:
• Optional Custom Reports (if requested)
• Analysis: Work with key City Stakeholders to identify reports to be developed as part of the implementation.
• Specifications: Provide Report Design Specification document as the basis for developing in- scope reports.
• Development: Based on Reports Design Specification document, develop all in- scope reports. • Training: Train City staff on Queries/SSRS/Word- TBS in support of the City authoring their own reports. After the appropriate training on the database and Queries/SSRS/Word- TBS report writing tool is completed, the City staff will be able to handle additional and future report requirements.
• Knowledge Transfer: Mentor the City throughout the process of developing in- scope reports, providing opportunity for knowledge transfer.

ASSUMPTIONS AND CITY RESPONSIBILITIES
• The City will:
• If option is selected for custom reports:
• Make available the appropriate key staff and content experts to participate in the Report Design Specification document development and validation activities. • Provide Timely and appropriate responses to MaintStar’s request for information. • Provide electron copies or mockups of reports.

ACCEPTANCE CRITERIA
This deliverable will be considered complete when the following is executed:
• City validation of the output of reports based on specifications and confirmation reports are operational in MaintStar LMS.
• Demonstration and approval of the completed interface as per the requirements detailed in the ESRI Interface Specifications document.
• MaintStar LMS is fully operational with the City’s GIS interface 93 City of Orange
Statement of Work – Land Management Software and Deployment MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 16

READINESS
DELIVERABLE 8 – TRAINING
MaintStar will provide training for City staff that focuses on the administration, maintenance, and augmentation of the MaintStar LMS configuration. MaintStar’s goal is to educate City resources on all aspects of MaintStar system to ensure the City becomes self- sufficient once the project ends. MaintStar recommends that training session are limited to 10 – 15 people to allow students to have more one- on- one interaction with the trainer.

This is only a recommendation and not a restriction, there is no additional cost if the City wants to hold larger class sizes.

MaintStar may be requested by the City to provide the following training in support of the implementation in this SOW:
• Core Team Training: day course, this course will give clients the knowledge they need about MaintStar LMS prior to going into the Analysis and Configuration phases. It will familiarize them with the terminology, basic to advanced concepts, possibilities of automation, and other relevant MaintStar LMS information. The audience should consist of the team that will be most involved in the Analysis and Configuration sessions and are working with the MaintStar team on making decisions. • MaintStar Admin Training: day course, generally after Analysis, which includes information on skill sets needed for Administrative level role played by the client. Client will become full familiar with these concepts so they may either completely build out the City on their own or assist in business analysis and process design. Participants will also learn how to manage the day to day operation of MaintStar LMS and perform minor ongoing system enhancements and changes. • MaintStar End User Training: day course conducted close to the go- live date. Participants will learn the processes within MaintStar LMS and how to navigate to the appropriate information and update as needed.
• MaintStar Optional Reports Query Builder/SSRS Training: day course, generally conducted following the Analysis phase. The skill sets learned are essential for any report development role played by the City.

MaintStar will also provide the following:
• Scheduling: Coordinate with the City to define the training schedule and logistics (the City will be responsible for the scheduling of participants).
• Documentation: Deliver standard training documentation in a format that can be used to customize the documentation.

ASSUMPTIONS AND CITY RESPONSIBILITIES
• Training is limited to 15- 20 participants per course. By Mutual agreement, the MaintStar trainer and City may modify the class size.
• The City will:
• Support the training with City and designated support consultant participating in the training session applying actual work processes.
• Identify all trainers and engage them with the project team as early as possible in the schedule to develop their knowledge of the system.
• Arrange the time and qualified people for the training who are critical to the project’s success. • Manage the scheduling of all City attendees.
• Documents delivered by MaintStar to the City will be valid for LMS and the version the City is trained on.
94 MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 17 City of Orange
Statement of Work – Land Management Software and Deployment

ACCEPTANCE CRITERIA
This deliverable will be considered complete when the following is executed:
• Completion of pre and post live support following the contractual scope • The production system is in use by the City on a daily basis. 95 City of Orange
Statement of Work – Land Management Software and Deployment MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 18 DEPLOY
DELIVERABLE 9 – PRODUCTION SUPPORT
Production support transpires when MaintStar LMS moves from the Development Environment to the Production Environment. The go- live date will be agreed to by both MaintStar and the City. In the days before moving to Production, MaintStar will assist in final data conversion and system validation.

As part of Production Support, MaintStar will perform the following tasks:
• Pre- Production Checklist: Assist in the development of a Pre- Production checklist that details the critical tasks that must be accomplished before moving to Production. • Cut-over: Provide resources to support the move from the Development Environment to the Production Environment. MaintStar will provide resources during pre- production deployment and cut-over operations and will provide resources for post- production support. • System Configuration Migration: With assistance from the City, lead the effort to transfer the system configuration and any required data from Support to Production.

ASSUMPTIONS AND CITY RESPONSIBILITIES
• The City will:
• Allocate appropriate staff to this effort to ensure the system is operating per signed specifications and ready for the move to production.
• Develop the User Acceptance T est scripts.
• Identify and document any issues encountered during UAT and provide them to MaintStar to resolve.
• Provide timely and appropriate responses to MaintStar’s request for information.

ACCEPTANCE CRITERIA
This deliverable will be considered complete when the following is executed:
• Completion of UAT.
• A fully tested system that is ready to move to the Production Environment. 96 MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 19 City of Orange
Statement of Work – Land Management Software and Deployment DELIVERABLE 10 – POST DEPLOYMENT SUPPORT AND TRANSITION TO MAINTSTAR SUPPORT MaintStar will provide assistance to address issues and provide consultative advice immediately following the move to Production for daily use by their annual maintenance agreement.

As part of Post Deployment Support MaintStar will perform the following tasks via their annual maintenance agreement for the cloud- based system:
• Support: Provide post- production support for MaintStar developed configuration and components.. • Issue Identification: Assist with the identification of post- production issues and identify issues to be resolved by MaintStar.
• Troubleshooting: Resolve issues on the list; address issues that may arise related to the deliverables in this SOW. Help City staff answer questions associated with using MaintStar LMS and advice in training issues.

ASSUMPTIONS AND CITY RESPONSIBILITIES
• The City will:
• Provide technical and functional user support for post- production support and monitoring. • Develop and maintain a post- production issues list.
• Provide timely and appropriate responses to MaintStar’s request for information. • Ensure appropriate project leadership and ongoing support staff participants in the hand-off call with MaintStar Support.
• Provide timely and appropriate responses to MaintStar’s request for information.

ACCEPTANCE CRITERIA
This deliverable will be considered complete when the following is executed:
• City sign-off / acceptance of the system based upon completion of services described in this SOW. • MaintStar’s agreement of the contractual agreements for maintenance of the Cloud based system. 97 City of Orange
Statement of Work – Land Management Software and Deployment MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 20 ATTACHMENT A – REQUIRED FEATURES AND CAPABILITIES
General Requirements
1 System is browser-based (i.e., “cloud-based”).
2 System centralizes and integrates all aspects of the activity life-cycles, from initiation/application through ultimate disposition.
3 System provides dynamic screen generation, based on type of case, permit, activity, etc. 4 System provides multi-modal screens allowing users to use/access several records or windows at once to support multi-tasking.
5 System provides configurable menus and lookup options. 6 System provides ability to tab from field to field.
7 System provides ability to search on all fields.
8 System provides a calendar interface for date fields. 9 System provides confirmation prompts prior to deletion, with option to cancel. 10 System provides ability to import/attach multiple electronic documents from staff or customers to permits, inspections, plans, activities, cases, parcels, violations, etc. 11 System work-flows management structure is flexible, expandable, and configurable. 12 System work-flows features sequential flow, automatically alerting staff or customers to the next task, action, deadline or milestone in the process.
13 System work-flows provides the flexibility to re-route or reassign tasks, add or delete steps, delay rescheduling of tasks and milestones, or defer a condition to a future date. 14 System work-flows features flexibility to add activities such that the newly-added activities will auto- generate requisite, associated activities, based on type of activity. 15 System work-flows features should allow City to be able to associate multiple persons with planning tasks, permit processing, inspection assignment, plan review, miscellaneous activities, and code enforcement cases/violations, in essence generating a running contact/reference list for each stage of the process.
16 System should allow all staff to easily verify status of required fields and conditions prior to proceeding to next sequential step or activity. In order to complete tasks, users should be able to access or link to task-related information, such as permit applications, digital plans, staff comments, etc.
17 System provides integrated, multi-functional GIS capabilities for users, including staff, applicants and the general public.
18 System utilizes City’s GIS system as the basis upon which all subsequent geographic data sets are derived and maintained, avoiding third party mapping systems. 98 MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 21 City of Orange
Statement of Work – Land Management Software and Deployment 19 System maintains a real-time connection to ESRI’s ArcServer 10.x and higher version geo-databases without reliance on shapefiles.
20 System provides parcel history and tracking through spatial queries to create link between “parent” tables and “child” tables in the database schema.
21 System provides ability to auto populate fields providing basic information (e.g., ownership, address, parcel number, zoning, etc.) using either a parcel identifier, spatial query, or selection of a GIS feature. 22 System provides ability to retrieve system data (e.g., permits, cases, inspections) by selecting parcels, either by point or polygon.
23 System provides ability to display all development information (e.g. projects, permits, violations) on any geographical area upon demand.
24 System provides ability to assign a project/case to a spatial entity other than a parcel. Should have the ability to assign to point and line features, as well as user-defined polygons. 99 City of Orange
Statement of Work – Land Management Software and Deployment MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 22 On-Line Requirements
1 System allows submission of permit application(s) on-line. 2 System allows existing data in the system (i.e., account information, related projects, owner, company, location, or license information) to pre-populate information into the on-line application. 3 System allows applicants to submit plans and supporting documentation. 4 System allows generation of fee estimates by calculating various fee types, including minimum-, fixed-, basic-, variable-, additive-, multiplicative-, or incremental-fee calculations dependent on various factors, such as base amounts, multipliers, steps, etc. 5 Ability to process fee payments through payment platform hosted by Contractor or qualified third- party provider.
6 Ability to generate a fee history and audit trail, including fee distribution information corresponding to City business rules (e.g., general ledger codes, departments, business units, or accounts). 7 System provides applicants ability to check status of applications, review comments. 8 System provides applicants ability to request an inspection and preferable time (e.g., a.m. or p.m.). 9 System provides ability to view current fines, fees, liens due. 10 System provides ability to request a refund of fees or other payments. 11 System provides ability to report a code violation or submit a complaint. 12 System provides ability to request an appeal or variance. 13 System provides ability to generate fee estimates and receive on-line payments, and print receipts and payment history.
14 System provides customers with detailed instructions and requirements for applications and submissions.
15 System provides customers with save points to avoid lost progress and allows customers to return later to complete applications.
100
MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 23 City of Orange
Statement of Work – Land Management Software and Deployment Mobile Field Access
1 System allows designated users to interact with all relevant data and task functions remotely, using a range of mobile devices.
2 System allows designated users to access sortable, filterable lists of daily or weekly inspections, including inspection type, and priority, status.
3 System allows designated users to access real-time updates to the mobile device, including any changes to an assigned inspection.
4 System allows designated users to view results, comments, outcomes of previous inspections, if any. 5 System allows designated users to view application, plans, previous inspection records and comments.
6 System allows designated users to access location-specific information via GIS integration. 7 System allows designated users to utilize dynamic checklists for inspection types. 8 System allows designated users to upload of photos and videos. 9 System allows designated users to initiate re-inspections. 10 System allows designated users to initiate enforcement actions, such as stop work orders, violations, etc.
11 System allows designated users to reassign inspections from one inspector to another, either by inspector or supervisor action.
12 System allows designated users to digitally capture signatures in the field. 101
City of Orange
Statement of Work – Land Management Software and Deployment MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 24 Standard and Custom Reporting
1 System data will be readily available in standardized, integrated report templates. 2 System allows City to create and save custom reports which, once created, offer the same functionality as standardized reports.
3 Standardized or custom reports are exportable into Adobe format and Microsoft Office Suite formats. 4 Standardized and custom reports provide standard word processing functionality (e.g., cut and paste, word wrap, and spell check).
5 Standardized or custom reports displayed in columnar or grid format are configurable by users (i.e., sorting, grouping, and subtotaling).
6 System provide users the ability to report on all fields, including custom, user defined fields. 7 System provides mail-merge capability for mass mailings/reports/notifications. 8 System provide ability to generate notifications using GIS (i.e., notify adjacent properties or properties within a user-defined radius of a selected point, parcel, or polygon). 9 System provides ability to utilize dashboards and dynamic charts and graphs or to create same. 10 System provides ability to view and/or generate real-time “to-do” lists. 11 System allows the import of graphics, such as City logo or departmental logos, into standardized and customized reports.
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MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 25 City of Orange
Statement of Work – Land Management Software and Deployment Intake and Processing Module
1 System will facilitate project intake via a variety of methods, including on-line applicant submissions and intake/entry by City staff of over-the-counter submission. 2 System will auto-generate a temporary, pre-filing number and assign it to unsubmitted applications to assist with support, if needed, to take the application to formal submission. 3 System will auto-generate a unique project I.D. once required project information is provided and application is submitted.
4 System will pre-populate information into the on-line application based on preexisting data in the system (i.e., account information, related projects, owner, company, location, license information). 5 System will support the capability to queue the application for review by personnel prior to routing to departments for processing or to reopen a closed or canceled application. 6 System will retrieve pertinent parcel and property-related information, including any existing records on uses, citations, inspections, or reports, based on the location entered on the application. 7 System will determine required permits, inspections, clearances, and/or conditions, based on type of application or permit and prompt for required inputs by the applicant. 8 System will determine existing permitted use of proposed project site. 9 System will generate conditions of approval.
10 System allows generation of fee estimates by calculating various fee types, including minimum-, fixed-, basic-, variable-, additive-, multiplicative-, or incremental-fee calculations. 11 System will process fee payments through systems native payment platform or qualified third-party provider.
12 System will generate a fee history and audit trail, including fee distribution information corresponding to City business rules (e.g., general ledger codes, departments, business units, or accounts). 13 System will connect with state licensing boards to determine status of professional certifications/ licenses.
14 System will facilitate manual and condition-based routing of applications, based on pre-defined work- flows processes and business rules.
15 System will generate a menu of items that are required, such as data, plans, and required studies and reports and related status (i.e., received, incomplete, reviewed, approved, needs revision, or not received).
16 System will track key dates, milestones, meetings, etc. 17 System will allow deferred submittal of required items, subject to approval by supervisors. 18 System will generate notice(s) to applicants listing required items, either at specified point in the process or on demand by staff.
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City of Orange
Statement of Work – Land Management Software and Deployment MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 26 19 System will process and track appeals, including sending notifications to appropriate parties. 20 System will determine if permits are subject to renewal and, if so, auto-generate renewal date and date for pre-expiration notification.
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MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 27 City of Orange
Statement of Work – Land Management Software and Deployment MaintStar Electronic Plan Review Module
1 System provides ability for applicant to submit plans on-line in specified dimensions and digital formats (e.g., PDF) or in person, in either specified digital or paper format, which can then be scanned or uploaded into the system by City personnel.
2 System provides ability to annotate/markup plans using pre-defined shapes and colors, track all versions of plans submitted for a project, superimpose two drawings to view differences and automatically flag, or otherwise visually indicate any new sheets or changes made. 3 System provides ability to markup plans on-line (tablet/stylus tools and text tools) and save changes to the plans.
4 System provides ability to automatically notify applicant of key statuses via electronic notification and for applicant to review plan review information, updates, and status on-line. 5 System provides ability to load code sets into system (e.g., building, zoning, etc.). 6 System allows migrated application records to complete the permitting process through plan review, permit issuance, and completion (includes recording plan review comments, fee calculation, fee acceptance, permit issuance, inspection, and completion). 7 System provides ability to configure plan review work-flows based on permit requirements and business rules (e.g., payment of fees) and accommodate simultaneous reviews and identify review dependencies, including:
8 Capability to designate project managers and involved reviewers, as well as to define skill sets, plan review type, department, supervisor, etc. for City staff and for non-staff, professional reviewers. 9 Capability to assign or re-assign plan review to multiple staff disciplines, including non-staff, contracted professional reviewers, assign plan review components accordingly, and to hold, cancel or escalate plans for review.
10 Ability for reviewers to view project information related to the plan review, including clearances, conditions, or other relevant information.
11 Capability to notify all reviewers that changes have been made by another department (even after the department has approved) because additional review may be necessary and to alert users if a plan review approaches or moves beyond an acceptable measure. 12 Ability to create comments and/or conditions, with metadata, from a predetermined list or manually, which shall be locked from modification by the applicant, and to consolidate all comments from reviewers into a plan review report (e.g., comment sheet) exportable to multiple formats. 13 Capability to flag a plan review for supervisor review/approval. 14 Capability to automatically trigger a follow-up plan review when a modified plan is submitted by the applicant.
15 Capability to allow the Supervisor to revise any comments and conditions that have been made and captured changes in an audit trail.
105
City of Orange
Statement of Work – Land Management Software and Deployment MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 28 16 Capability to restart the application process at the appropriate step, as determined by the plan reviewer or supervisor, if the requested corrections force the applicant to re-engineer the plans. 17 Ability to enable secure, electronic approval stamps/seals for all pages or a specified range of pages of a plan set. The stamps/seals shall be customizable by department, unalterable and non-duplicable, including date, time and author.
18 Capability to save approved plans in a file format that prevents any further changes to the plans (e.g., PDF) and to provide the approved plans and review report available for download by the applicant via the on-line portal.
19 Ability to generate sortable and exportable performance metrics, such as priority and aging metrics, preferably in a dashboard feature.
106
MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 29 City of Orange
Statement of Work – Land Management Software and Deployment Inspection Module
1 System provides inspection module fully integrated with the work-flow module to allow for an inspection to be automatically triggered as part of a work-flow process. Supervisors or designated staff should have the ability to manually override a list of required inspections. 2 System provides fully customizable inspection module, with both the ability to manually assign or reassign inspections and auto-configure inspection scheduling. 3 System provides flexible management of multiple inspection types, including, but not limited to, building, electrical, plumbing, sign-age, encroachment, temporary, and special inspections. 4 System provides ability to categorize inspection types by department, division, or section and associate fees with each inspection type.
5 System computes inspection scheduling availability based on designated inspector of record, inspector availability, and complexity of inspection.
6 System provides ability for inspectors in the field the flexibility to schedule an ad-hoc inspection not on the original inspection list.
7 System provides ability to notify an inspector of a change in his or her inspection schedule (e.g., addition, cancellation) and also notify applicant of scheduled inspection via electronic notification. 8 System provides ability for inspections to be triggered or halted if dictated by work-flow/project status.

Likewise, the work-flow should halt or advance based on the outcome/status of inspections. 9 System provides the ability to track and cross-reference inspection activity and performance across a range of metrics, including by type of inspection and by respective personnel, as well as by date range, geography, outcome and type of project work-flow. 10 System provides ability for mobile upload of mandatory inspection information (e.g. required fields and checklists).
11 System provides ability for mobile upload of supporting documentation with or without connectivity. 12 System provides ability for mobile upload of pictures and/or video with or without connectivity. 13 System provides ability for mobile entry of standard disposition codes and rejection codes for inspection types.
14 System provides ability for mobile entry of standard sets of comments and conditions for an inspection type(s).
15 System provides ability for mobile additions of a new inspection, follow-up inspection and/or permit requirement.
16 System provides ability for mobile capture of electronic signature(s). 107
City of Orange
Statement of Work – Land Management Software and Deployment MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 30 17 System provides ability for mobile, automated notification of inspection outcome to applicant and to appropriate City staff/departments.
18 System provides ability for mobile close-out, hold or cancel permits based on inspection results. 19 System provides ability for mobile printing of inspection documentation (e.g., correction notice, red tag, inspection results, violation notice, etc.).
20 System provides inspectors with mobile access to contact information for contractor or other responsible party.
21 System provides inspectors with mobile access to permit application(s). 22 System provides inspectors with mobile access to permit history, if any. 23 System provides inspectors with mobile access to project plans. 24 System provides inspectors with mobile access to prior inspection(s), outcome(s) and notes. 25 System provides inspectors with mobile access to correction notices, if any. 26 System provides inspectors with mobile access to code violations, active and historic. 108
MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 31 City of Orange
Statement of Work – Land Management Software and Deployment Code Enforcement Module
1 System provides enforcement module integrated with the permitting, work-flow and GIS aspects of the system and fully accessible by mobile device.
2 System allows the general public to submit complaints via the on-line public portal using standardized menus for complaints and violations that are also fully customizable by the City. 3 System provides ability to generate a new complaint record either electronically via on-line portal submission or manually by City staff via accessing the system in the office or through mobile access in the field.
4 System provides ability to capture complaint type, details/description, address/location, and complainant contact information.
5 System provides ability to generate a unique complaint number. 6 System provides mobile ability to upload of photos and video. 7 System provides ability to associate a complaint with an existing application(s) or project ID(s), if applicable.
8 System provides ability to hide complainant personal contact information from view by the pubic in the on-line portal.
9 System provides ability to automatically notify the complainant of action taken in response to the submission.
10 System provides ability for mobile access to violator information and property information. 11 System provides ability to associate complaints with property address or parcel number, as well as with multiple permits and permit types and review information related to those records. 12 System provides ability to track/store complaint history for a location and to access the information in the field.
13 System provides ability to display or hide complaint data from the public on-line according to business rules.
14 System provides ability to manually request inspections by other department staff. 15 System provides ability to trigger an event in a work-flow (e.g., hold on the application) based on the outcome of a complaint investigation.
16 System provides ability to issue enforcement-related documents to a complainant, property owner or responsible party in response to a violation.
17 System provides ability to track all review, notification, enforcement, and disposition actions related to a complaint.
18 System provides ability to generate letters, notices, and citations on standardized or customized templates integrated into the enforcement work-flow for mailing, mail-merge, or export to other formats. 109
City of Orange
Statement of Work – Land Management Software and Deployment MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 32 ATTACHMENT B – COST QUOTE
City of Orange CA - Software License
Software Licensing MaintStar LMS - Vendor Hosted Land Management Permitting Module $ 45,000.00
Inspections Module $ 45,000.00
Code Enforcement Module $ 40,000.00
Planning & Zoning Module $ 45,000.00
Discount - $ 60,000.00
Total Software Licensing Costs $ 115,000.00
City of Orange CA - Implementation*
Professional Services MaintStar LMS - Vendor Hosted Land Management Configuration and Implementation
System Setup/Config., Data Input, Forms, Notifications
$ 55,000.00
Data ETL from CentralSquare TrakIT
Data Extract, Transform, and Load
$ 25,500.00
Configuration and Implementation
Public Portal
$ 65,000.00
Configuration and Implementation
Mobile Inspection
$ 14,500.00
On Site Training/Go Live Assistance
5 Days - On Site Training/Travel Expenses Included
$ 13,500.00
Discount - $ 40,000.00
Total Professional Services Costs $ 133,500.00
City of Orange CA - Agency Integration*
Interface Development Services MaintStar LMS - Vendor Hosted Land Management ESRI ArcGIS
Multiple layer, GIS Service - Bi-Direction
Standard Interface
Microsoft Exchange/Office 365
Business Software Integration
Standard Interface
Total Agency Interface Costs $ 0.00
* Any fees from Third Parties for professional services are not included, and are negotiated and paid by the agency. 110
MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 33 City of Orange
Statement of Work – Land Management Software and Deployment City of Orange CA - Annual Hosting, Support and Updates Annual Recurring Fee $ 39,500.00
Total Annual Fee $ 39,500.00
* Subject to 5% CPI Annual Increase
City of Orange CA - Total First Year Pricing
Total First Year Outlay MaintStar LMS - Vendor Hosted Land Management MaintStar LMS Total First Year Costs $ 288,000.00
Two System Loyalty Discount - $ 50,000.00
$ 238,000.00
111
City of Orange
Statement of Work – Land Management Software and Deployment MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 34 City of Orange CA - Electronic Plan Review Module Software License Software Licensing MaintStar LMS - Electronic Plan Review Module Electronic Plan Module $ 35,000.00
Implementation Discount - $ 10,000.00
Total Software Licensing Costs $ 25,000.00
City of Orange CA - Annual Hosting, Support and Updates Annual Recurring Fee $ 19,500.00
Total Annual Fee $ 19,500.00
* Subject to 5% CPI Annual Increase
City of Orange CA - Electronic Plan Review Module Total First Year Pricing Total First Year Outlay MaintStar LMS - Electronic Plan Review Module MaintStar EPR Module Total First Year Costs $ 44,500.00 112
MaintStar, Inc. | 3510 Turtle Creek Blvd. Unit 17B • Dallas, TX 75219 | City of Orange | February 8, 2023 page 35 City of Orange
Statement of Work – Land Management Software and Deployment ATTACHMENT C – SIGN SHEET

PROJECT COSTS AND FEES
The estimated professional fees are based on the resource requirements forecast at the time of the quotes and are subject to change because of changes in the project schedule, scope, or resource requirements for given tasks/activities.

PAYMENT MILESTONES
• 50% due at project commencement
• 50% due at Go Live
• Optional training and services due after services rendered • The on-line storage space will be unlimited for system data and attachments

ACCEPTANCE
MaintStar City of Orange
By By
Printed Printed
Title Title
Date Date
113

PROFESSIONAL SERVICES AGREEMENT
[System Upgrade, Enhancement, and Support Services]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of _________________, 2023 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and L.A. CONSULTING, INC., a California corporation (“Contractor”), who agree as follows:

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

Robert Moya, Senior Adm inistrative 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 TWENTY -SEVEN THOUSAND ONE HUNDRED EIGHTY -TWO DOLLARS and 00/100 ($127,182.00) 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.

c. In addition to the scheduled services to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by City’s Project Manager. In anticipation of such contingencies, the sum of TEN THOUSAND DOLLARS and 00/100 ($10,000.00) has been added to the total compensation of this Agreement. City’s Project 114
2 Manager may approve the additi onal work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as City’s Project Manager and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a n Amendment to Agreement approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that wor k or those services that are specifically requested by the City’s Project Manager. Any and all additional work and services performed under this Agreement shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by City’s Project Manager prior to the commencement of such services.

d. The total amount of compensation under this Agreement, including contingencies, shall not exceed ONE HUNDRED THI RTY-SEVEN THOUSAND ONE HUNDRED EIGHTY-TWO DOLLARS and 00/100 ($137,182.00).

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 se rvices, authorized costs and authorized extra work covered by that invoice.

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

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3 6. Independent Contractor . At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of Ci ty. 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, mat erials 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 emp loyed 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 impl ied, 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 t his Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or his/her designee.

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 extension s granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by City 116
4 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 docum ents, studies, evaluations, asses sments, reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products produced or provided by Contractor for this Agreement shall become the property of City upon receipt. Contractor shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilize such products without restriction.

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

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

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:

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5 (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 Ind emnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.

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

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

18. Insurance.

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.

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6 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). Said insurance shall cover bo dily 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 the 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 lia bility 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 the City along wi th the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidence 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 additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Agreement.

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

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

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

In such a case, City may procure insurance or self-insure the risk and charge Contractor for such 119
7 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 l ook 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 in surer may acquire against City by virtue of the payment of any loss under such insurance.

l. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the 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. The Contractor conversely for any reason may terminate this Agreement by giving City not less than five (5) days’ written notice of intent to terminate under the same provisions of this section.

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

21. Compliance with all Laws/Immigration Laws.

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

b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, 120
8 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 Agreement, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.

c. Contractor represents and warrants that Contractor:

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

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

(4) Has responded and shall at all times durin g 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, o r the Social Security Administration.

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

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

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9 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.

“CONTRACTOR” “CITY”

L.A. Consulting, Inc. City of Orange
2711 N. Sepulveda Blvd., No. 602 300 E. Chapman Avenue Manhattan Beach, CA 90266 Orange, CA 92866-1591
Attn.: Harry Lorick, PE Attn.: Frank Sun

Telephone: 310 374 5777 Telephone: 714-744-5529
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 origi nal, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.

[Signatures on next page]

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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”

L.A. CONSULTING, INC., a California CITY OF ORANGE, a municipal corporation corporation

*By: By:

Printed Name: Harry Lorick Daniel R. Slater, Mayor Title: President

*By: ATTEST:

Printed Name: Joyce P. Lorick
Title: Chief Financial Officer

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney

EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
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“We Help Public Works Work”
Phone: 310-374-5777 • Fax: 310-374-5557 • email: [email protected] 2711 North Sepulveda Blvd # 602 • Manhattan Beach, California 90266 Internet address: www.LAConsulting.com

December 30, 2022
Mr. Christopher S. Cash
[email protected]
City of Orange Director of Public Works
City of Orange
203 E. Chapman Ave
Orange CA 92866

Ms. Leslie Hardy
[email protected]
City of Orange
Community Services Director
203 E. Chapman Ave
Orange CA 92866
Subject- Updated the Proposal for MaintStar (MS) 15 Upgrade, Enhancement, and Support Dear Mr. Cash and Ms. Hardy:

Pursuant to your request, LA Consulting. Inc. (LAC) has updated the enclosed scope of tasks to review and document existing MaintStar system processes and support. We have outlined what we believe is the task that MaintStar should do within our scope. We did not understand some of their proposed efforts outlined in MS scope, so we just incorporated those within this scope, minimizing potential overlap. Therefore, our costing does not include MS' effort.

In general, MS should be responsible for converting the data, loading the system, linking, and integrating GIS, high-level training, fixing bugs, and providing basic working functionality for the system. LAC's role is to make the system work for PW and CSD by properly configuring it to optimize the use of the system and match the City's needs. In addition, LAC operational expertise will provide hands-on training on using the system on a day-to-day basis and how to apply the data to improve and monitor operations.

We hope to help optimize your organization with the new system upgrade through this effort. We have the background, experience, and capability to provide this assistance. We appreciate the opportunity to assist the City of Orange Public Works and Community Services; we look forward to your response.

Sincerely,

Harry C. Lorick, PE, PTOE, PWLF
Principal
Consulting, Inc.
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Scope of Service, and Cost Proposal: Consultant for MaintStar Implementation LA Consulting – December 30, 2022 1 City of Orange

SCOPE OF WORK

OVERVIEW
The City of Orange Public Works and Community Services Department has decided to utilize the City's MaintStar system and participate in implementing the system upgrade.

Successful completion of this implementation is dependent on the interaction and participation between LA Consulting, Inc. ("LAC"), Public Works (PW), and Community Services Department (CSD) personnel. Therefore, the project is divided into two Phases. Phase A is to configure the V15 Update software to meet the PW and CSD system requirements and desires. Phase B is the actual implementation of the software of the MaintStar V15 Update.

LAC suggests the City have the MaintStar (MS) vendor responsible for specific tasks shown in blue text.

In general, MS is responsible for setting up and configuring the MaintStar SQL database, converting the data, verifying proper data conversion, linking, integrating GIS, high-level training, fixing bugs, and providing basic working functionality for the system. LAC's role is to make the system work operationally for PW and CSD by properly configuring it to optimize the use of the system and match City needs. In addition, LAC operational expertise will provide hands-on training on using the system on a day-to-day basis and how to apply the data to improve and monitor operations.

WORK TASK PHASE A
Task A-1 – Establish the City of Orange Implementation Team and Kick Off LAC will work with the City of Orange Project Managers (one from PW and one CSD) to establish an implementation team. The implementation team will guide the process to ensure that all the relevant needs are addressed. The team members will also be entirely trained in system utilization. LAC will make an initial presentation and interact with the team to outline an implementation plan.

LAC anticipates an eight-month implementation and a monthly status meeting.

Deliverable: The implementation team is established, and an implementation schedule is outlined with monthly monitoring.

MAINTSTAR (MS) TASK
After the City sends credentials or allows access to current databases, MS will copy the database to their servers and upgrade the existing MaintStar application from Version 12 (11 current version?) to Version 15. This effort will include converting all locations, assets, work history, daily work entries, inventory, work orders, and appropriate setup tables.

Deliverable: MS system upgraded to V15, data converted and verified.

Task A-2 – Update and Configure MaintStar Work Processes LAC will perform a precursory review of the data stored in the City of Orange database.

Standard reports will be generated from the database to review work reporting details and data 126
Scope of Service, and Cost Proposal: Consultant for MaintStar Implementation LA Consulting – December 30, 2022 2 City of Orange
configuration. LAC will also confirm basic data requirements for labor, equipment, and materials reporting. After reviewing the data and work processes, LAC will coordinate with the City Project Managers to enhance work processes to integrate with the upgraded version of MaintStar.

LAC will help coordinate the upgrade of the new MaintStar system and confirm the import of the prior database into version 15 by MaintStar. This will include quality control of the transferred data and tables to ensure the proper movement of the data from the preceding version. LAC will then assist the City in communicating with the vendor and configuring the new database. Sub- tasks include:
a. Set up new security settings and work groups with group assignments, confirming assets and locations.
b. Coordination with MaintStar and City of Orange staff to establish a linkage between the City of Orange GIS database and MaintStar database to allow this system to be integrated with the application and develop work processes to use the GIS linkage.

LAC will test the configuration with the implementation team and coordinate with City Orange's IT group and the MaintStar vendor to allow a test database to be created. Efforts will be made to ensure all available and relevant data is moved to the new system. If other population of the new database is required, LAC will facilitate completing these needs with the vendor. LAC anticipates two (2) onsite meetings to complete this effort with follow-up electronic communications.

Deliverable: Updated and enhanced CMMS and related business processes confirmed before data and process imported into new version 15.

MAINTSTAR (MS) TASK
After LAC reviews the conversion and identifies issues found in reports, tables, and files, MS will reconvert locations, assets, work history, daily work entries, inventory, work orders, and appropriate setup tables as needed. Then once confirmed by LAC and the City, the vendor will install MaintStar software with City rights, including SSO, in their Cloud based system to allow access to management, supervisors, and administrative staff. This work will be done in conjunction with IT staff to ensure data and programs are loaded following the City guidelines.

The process of accessing the hosted software will be documented and included in the system documentation.

Complete support for the GIS integration and implementation will be done with MS working with the City GIS and ITS staff to ensure integration with V15.

Deliverable: MS system data validated, GIS integrated with V15, and production database established with City user access.

TASK A-3 – INSTALL SOFTWARE COORDINATION.

LAC will check and confirm MaintStar access for each workstation location to ensure correct operation.

This task will consist of installing the appropriate URL, establishing user credentials, and providing 127
Scope of Service, and Cost Proposal: Consultant for MaintStar Implementation LA Consulting – December 30, 2022 3 City of Orange
proper documentation that is acquired or prepared. The effort will require coordination with GIS and city IT departments by LAC, but the software vendor will actually establish the hosted system and database.

LAC anticipates a single day onsite to complete this effort.

End Product: Software will be loaded, operational, and available for City access.

Phase B – Software and Business Practices Implementation Phase B encompasses thirteen (13) tasks. A description of each work task follows. These descriptions include the processes, methods, procedures to be used, and the expected result. This phase's tasks are primarily internal and will be conducted with guidance and direction from LAC.

PW and CSD Commitment: As outlined in our scope, LAC's uniquely successful process requires considerable PW and CSD staff involvement and commitment. Many of these requirements are outlined in the tasks, with a summary listed below. In addition, these requirements will include the following to be provided by the CSD:
 Available Project Coordinators with detailed PW and CSD background in the work effort and knowledge of the key employees, as well as to assist in scheduling meetings, presentations, and reviews.
 PW and employees must be made available with ten-day notice.  Assistance to the Project Coordinators in scheduling meetings, presentation locations, etc.  Key staff must attend all relevant meetings with ten days' notice.  Documents/information requested must be produced within ten days of request.  Provide data, if available, in electronic format to expedite the process within ten days of request.  The documents produced by LAC must each be reviewed and returned to LAC by the PW and CSD within ten working days.
 Directly assigned CSD support staff to assist in data collection and compilation in all yards must be available throughout the effort.
 Assigned PW and CSD employees must directly assist in the implementation project, with employees at each venue assigned to be the "super users." The latter will then train others to maintain and utilize the system into the future and assure the institutionalization of the system.

SOFTWARE IMPLEMENTATION
Phase B will focus on software implementation and business practices development. Coordination will occur with the selected software vendor for the population of databases with the collected data, training, and system configuration. LAC's role will be to facilitate and implement a system that matches the City's needs. In addition, LAC will work for the PW and CSD and with the software vendor to ensure that the system achieves the desired qualities when implemented, with the understanding that the system may not fully meet the needs of the PW and CSD without a proper evaluation.

MAINTSTAR (MS) TASK
A kickoff meeting with the project team will occur. The overall implementation plan will be outlined. Key participants from City and LAC will attend, and a schedule will be identified.

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Scope of Service, and Cost Proposal: Consultant for MaintStar Implementation LA Consulting – December 30, 2022 4 City of Orange
Deliverable: MS system schedule outlined and discussed with City.

TASK B1 – INITIATE BUSINESS PROCESS IMPLEMENTATION
Orientation meetings are planned at the start of the project and will be held to familiarize participants with the general approach. The project initiation effort will have five subtasks:
 Project Startup
 Preparation of a Detailed Work Schedule
 Establishment of a Management Working Committee (MWC)  Outline and establishment of a Working Committee (WC)  Conducting an Orientation
The PW and CSD will select the project's members from the Management Working Committee (MWC) and Working Committees (WC). The MWC should consist of members that the PW and CSD desire to have a broad overview of the project. The members of the MWC must be able to make policy decisions and provide direction to subordinates in their assigned groups. The members of the MWC will also provide oversight and review of project deliverables. The Working Committee(s) members should be composed of employees from all organizational levels. These groups will need to be the most flexible in their makeup mix. The committee members should be the PW and CSD's topic experts unique to the task.

The implementation will have standard processes for maintenance and operations but will be tailored to each group's needs and requirements.

Two meetings are estimated to complete this effort.

End Product: All identified groups will have complete exposure to the planned implementation process and methodology.

MAINTSTAR (MS) TASK
MS trainer will provide two-day training onsite on the functionality of the MS V15 system and guidance to GIS and IT staff on its security, SSO, and group settings. In addition, an overview and general guidance for the users will occur, and another session with Project Managers and IT on system controls and administration will be provided.

Deliverable: Basic training in functionality and system administration is provided.

TASK B2 – SOFTWARE SYSTEM TRAINING SUPPORT
In addition to fundamental software training provided by the software vendor, further training or coaching will be necessary to acclimate staff to the new software package and related functionality to the desired work processes. Acting not as an agent to the vendor but as a consultant for the CSD, LAC will provide the PW and CSD with this supplemental training and coaching to ensure the system and related management processes are understood and applied by all stakeholders. LAC will contact the software vendor if needed to determine the most appropriate actions.

LAC will provide telephonic support and conduct training sessions if necessary. It is anticipated that the annual maintenance contract for the vendor software package will be purchased for this timeframe. The initial training will include system setup, configuration, security, form, and screen layout. 129
Scope of Service, and Cost Proposal: Consultant for MaintStar Implementation LA Consulting – December 30, 2022 5 City of Orange
Also, LAC anticipates participating in a two-day training session conducted by MS.

End product: LAC will provide backup training, coaching, and support as necessary.

TASK B3 – BUSINESS PROCESS ENHANCEMENT
The following tasks result from LAC experience and PW and CSD staff feedback in Task B1. Much of the effort will focus on fully implementing the system software for work planning, organizing, scheduling, controlling, and related business processes.

The work planning effort involves determining major activities, defining guidelines, obtaining resource information, performing condition assessments, and computing the level of effort, which in turn will allow the future development of a work program and budget using MaintStar. Upon completion of the process, the planning will determine the amount of work to be performed annually by the CSD (work plans). Planning provides the basis or the "bar" to which the overall system is to be compared and is a crucial tool for efficiency and accountability.

TASK B3.1 – DEFINE AND CONFIRM WORK ACTIVITY LIST
A list of the significant maintenance work activities performed by each group will be refined, updated, prepared, and entered into a database. This list will include a description of the work activity, a unit of measure to calculate the work accomplished, and a physical feature inventory on which the work is performed. For example:

Name Description

Mowing: All work associated with the mowing of grass throughout the City for aesthetics and water quality issues

Measurement Unit: AC

Inlet cleaning: All work is associated with removing debris in the catch basin inlet to ensure a proper stormwater flow that is not impeded and reducing debris in the system.

Measurement Unit: Each

The activity list will be prepared and updated with input from the Working Committees (WC) and presented to the Management Working Committee (MWC) during a meeting to finalize each item. This will ensure that the description and measurement units exist and are appropriate for each activity.

This list will then provide the basis to determine the annual maintenance requirements for each activity and measure the amount of work accomplished daily.

End product: A list of all work activities with a description and measurement unit.

TASK B3.2– INVENTORY OF PHYSICAL FEATURES
An inventory database of all physical features in the infrastructure network will be prepared. This database will include for CSD the type, quantity, and location of features for each infrastructure type (Restroom to clean, acres to mow, etc.). For PW, features would be streets, inlets, traffic signals, water 130
Scope of Service, and Cost Proposal: Consultant for MaintStar Implementation LA Consulting – December 30, 2022 6 City of Orange
lines, valves, sewer lines, laterals, etc. Existing data files and inventories are minimal but will be used to compile a database of features. If they exist, files in GIS will be used and populated by City as other assets are identified.

LAC will identify the required missing information to be collected and processed. The CSD and PW will collect the necessary data via in-house capabilities or other services. In addition, LAC will be accountable for the general design and training of data collection. This task assumes that the collected data will be linked to MaintStar software with the PW and CSD employees working with the vendor and supported by LAC.

End product: A complete inventory and database of key physical features of infrastructure will be established.

TASK B3.3 – DETERMINE MAINTENANCE SERVICE LEVELS
Working with the WC, LAC will establish the maintenance service levels required for each defined activity and the quantity and frequency of work expected to be accomplished annually per inventory unit.

This will include determining the desired service level needed to maintain a feature element and a funded service level and documenting the service level appropriate to funding constraints. An example of these is shown below:

Activity – Restroom Cleaning - weekly
Activity –Mowing – 10 times a year
Activity – Inlet cleaning – twice a year
The current service level estimates will be based on observation, material usage, schedules, and policy.

The desired service levels are those that the PW and CSD want to accomplish in providing service and protecting infrastructure assets. A funded service level is the service level provided within funding guidelines for a given year. The consultant will support determining existing service levels and benchmarking against similar agency service levels. This will assist in determining the PW and CSD's desired service levels. This process will be documented to ensure that staff can utilize the system in updating future service levels.

Three (3) meetings are estimated to complete this effort.

End product: Desired and funded service levels for each activity will be determined, and processes will be established.

TASK B3.4 – ESTABLISH ROUTINE AND PM PROGRAMS
LAC will work with the MWC and WCs to establish PM routines for several significant activities. In addition, LAC will work to outline maintenance routines for activities that exist; It is anticipated that LAC will establish two routines each for PW and CSD and guide city staff to do the remainder.

Select WC and MWC members will be established to set up specific routines for crucial maintenance activities. A complete listing with frequencies will be prepared. A committee will be set up in each area to make these determinations.

A complete process will be established to determine routines for all activities identified for maintenance.

A listing, approach, and methodology that can be updated and refined for up to four activities will be selected.

A short presentation will be prepared for the WC for all routines. In addition, an outline of the results after receipt of input will be organized, and each selected activity will be linked to an asset, building, location, and/or area to allow for integration into the selected MaintStar. 131
Scope of Service, and Cost Proposal: Consultant for MaintStar Implementation LA Consulting – December 30, 2022 7 City of Orange
LAC anticipates two (2) meetings for this effort.

End product: Routines will be established for key maintenance activities.

TASK B3.5 – DEFINE WORK METHOD AND GUIDELINES
The most efficient work method will be reviewed, enhanced, and/or developed for each activity, and the purpose of this will be to determine the following:
 The logical sequence of steps to be followed while performing the activity  Quality checks are required to ensure that the activity is done correctly  The safety requirements associated with performing the activity  The follow-up (if needed) to inspect the results of the work Work methods will be reviewed, discussed, and developed during a working session with the WCs and will be documented in a systematic format for each defined work activity. The most efficient approach to each training will be identified by utilizing the consultant project team's experience with similar agencies throughout the United States and further enhanced with the expertise of PW and CSD staff.

LAC will work with agency staff to develop or update an Activity Guideline for each defined work activity. Each Activity Guideline will include the following:
 Reason for performing the activity
 Description of the activity
 Work scheduling criteria, including time of year work, are expected to be completed  Optimal size and mix of crew
 Equipment and materials required
 Expected average daily production range
 Anticipated quality
The WC members will prepare or update each guideline under the direction of the consultant and will compile the guidelines from departmental drafts and team meetings. Files will be established for all maintenance, facilities, administrative, materials, and property sections. Each section will then be in a position to keep the guidelines current and updated in the future. The drafts will be reviewed, edited, and finalized with the input, guidance, and counsel of the MWC.

The best management practices will be established for all activities, with an additional focus on critical activities and some relevant new ones. This effort will include a detailed review of up to three significant activities per group where direct cost, productivity, and method comparisons can be made to match work and staff sizes.

LAC anticipates three (3) meetings.

End product: An activity guideline for each activity with a specific work method.

TASK B3.6 – DEVELOP EQUIPMENT RATES AND POPULATE DATABASE LAC, with Fleet assistance, will develop hourly rates for all equipment, including all costs. A listing by vehicle will be prepared with rates and classifications. A separate FEMA rate will also be compiled by general vehicle classification. The two rates will be identified for each piece of equipment.

LAC will prepare estimates and review them with the Working Committee. A spreadsheet will be designed that outlines the costs. These equipment class rates will then be entered into the MaintStar.

This will be documented in a short working paper, presented to the MWC, and coordinated with Fleet. In addition, PW and CSD staff will be trained for future rate updates. 132
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LAC anticipates one (1) meeting for this effort.

End product: Produce a working paper outlining equipment rates.

TASK B 3.7 – ASSIST THE DEPARTMENT IN DEVELOPING BOTH AVOIDABLE AND

FULL OVERHEAD RATES
LAC will work with Finance staff to determine two overheads reflecting the PW and CSD's actual work cost. One will be an avoidable cost overhead, and another will be a full overhead developed for external billing and reimbursement. Existing, established full overhead rates will be updated to the new rates. The consultant will help document and develop an annual process to update the overhead rates and integrate the rates into the MaintStar.

A presentation of final overheads will be presented to the MWC. Two (2) meetings are anticipated.

End product: Assist in establishing and documenting overhead rates and an update process.

TASK B 3.8– DEVELOP PERFORMANCE-BASED WORK PROGRAM AND BUDGET After the activities, inventories, and work calendar have been established and/or updated, a performance- based work program and budget will be prepared, and a balance between desired service levels and available funds will be developed. A system will be established with the ability to compile summaries of plans, such as square feet or by a group.

The work program and budget in MaintStar by the group will include, at a minimum:
 The feature inventory quantity
 The annual work quantity
 The planned crew size
 The total days of work for each activity
 The average daily production for each activity
 The cost of labor, equipment, and materials for each activity  The total annual cost, by activity, and for the entire work program Each group's work programs and budgets will also be summed up to produce an annual work program and budget for the entire operations and maintenance section. All work planned for others will be built into the system, and a report will be produced outlining the anticipated revenue planned in the budget from others.

The plan will enable project efforts for various special events with established activities and service levels. Further, the plan will be used to estimate all work to be done for the year, including all after hours and overtime efforts.

The work plan will be divided into groups to allow for complete workload planning.

LAC anticipates three (3) meetings for this effort.

End product: Annual work program and budget for each activity and the maintenance division.

TASK B3.9 – DETERMINE RESOURCE REQUIREMENTS
After the initial work program and budget are determined, the annual labor, equipment, and material needs will be identified by LAC. A yearly calendar showing monthly resource needs will determine the monthly and annual quantities of materials, labor, and equipment required to fulfill the yearly plan.

This is accomplished through the system by utilizing the schedule information taken from the activity guidelines and the annual work program quantities.
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Scope of Service, and Cost Proposal: Consultant for MaintStar Implementation LA Consulting – December 30, 2022 9 City of Orange
The tool in MaintStar would be established with PW and CSD staff trained to estimate project needs using the work performance tool. Using the Work Program in task B4-8, a work breakdown by activity by month will be done. This will allow for work to be scheduled on a proactive basis.

The distribution will be reviewed in a working meeting with each group to confirm the timing by activity and used to update the plan. Routines, work history, and goals will be used to allocate determined work.

Two (2) meetings are anticipated.

End product: A list of required resources to fulfill the annual plan and a tool established for future projections and work calendar by month by activity

MAINTSTAR (MS) TASK
MS will modify and configure the system as necessary to match the needs of the City for the setup of the portal (if used), work request, and work order system. This will involve a virtual training session and guidance to ensure the program is properly functioning.

Deliverable: MS system work requests and work orders are configured and operational.

TASK B3.10 – IMPLEMENT A WORK REQUEST SYSTEM
LAC will implement the work request process for all groups utilizing the MaintStar system. LAC will work with the vendor to make the best of selected software to match customer needs and provide a tool for scheduling. LAC will assist all supervisors in utilizing the new processes and establishing business processes for the system to work successfully. This will allow all requested information to be stored in one place and accessed by staff. Other PW and CSD employees who will utilize requests for service will be trained to use the system.

Two (2) meetings are anticipated.

End product: Implementation of an automated Service Request System.

TASK B3.11– ESTABLISH WORK SCHEDULING PROCEDURES
LAC will work with employees and supervisors to establish short-term work scheduling procedures. A process for identifying, assigning, allocating resources, and estimating the time required to complete the various activities will be determined. This and a routine for scheduling meetings and monitoring maintenance progress will be identified.

Future processes for allocating resources to jobs will be outlined and integrated with the MaintStar capabilities, such as a work backlog and work calendars. In addition, a procedure will be developed, allowing staff to plan in advance and enable personnel to have the right resources on the right job at the right time. This effort will combine the system's capabilities with those of the supervisors.

LAC will present and teach the scheduling procedures to the appropriate personnel. In addition, LAC will monitor and direct this procedure during the first two months of implementation to ensure compliance and allow for fine-tuning of all processes involved.

Four (4) meetings are anticipated.

End product: Development of a bi-weekly scheduling system.

TASK B4 – ESTABLISH WORK REPORTING PROCEDURES
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Scope of Service, and Cost Proposal: Consultant for MaintStar Implementation LA Consulting – December 30, 2022 10 City of Orange
LAC will establish and implement routine work reporting procedures to properly obtain MaintStar data for all groups. The work reporting procedures will be presented, taught to the appropriate personnel, and monitored during the first four months of implementation to ensure compliance. The work will be reported on related work orders. In addition, each appropriate employee will record the following information using each work order completed.

The daily work report will include the following:
 Responsible Supervisor
 Activity performed
 Location of work
 Resources used
 Date of work performed
 Accomplishments
The completed daily work will be entered into the MaintStar via the work order module either in the field or in the office to allow comparisons of planned and actual values and work costing.

Three (3) meetings/training sessions are anticipated.

End Product: Standardized work reporting system established.

TASK B5 – DEVELOP WORK CONTROL AND MONITORING PROCESSES LAC will develop and document work controls and monitoring processes that will provide answers to the following questions:
 How much work was accomplished versus what was planned?  How effectively were the available resources utilized?  What problems require correction to ensure the accomplishment of the work program? In addition, the control reports will include data that identifies:
 Work Program progress – to monitor accomplishments
 Resource utilization – to monitor the actual use of labor, equipment, and funds in accomplishing the work program
 Productivity – to measure the effectiveness and efficiency of the work crews  Unit Costs – to measure the cost-effectiveness of work accomplished to the costs incurred Standardized reports will be generated for various staff, depicting labor, equipment, contracts, and material by location and activity. Additional accounts may be established with the software vendor's assistance to ensure proper operations.

Three (3) meetings/training sessions are anticipated.

End Product: Training for the understanding of the use of these output reports.

MAINTSTAR (MS) TASK
MS will provide training on the report generator, Jasper, and various report functions of V15 to City staff in conjunction with LAC. In addition, counsel will be provided to enhance the system tool for multiple output capabilities.

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Scope of Service, and Cost Proposal: Consultant for MaintStar Implementation LA Consulting – December 30, 2022 11 City of Orange
Deliverable: MS system output capability is provided to the City.

TASK B6 – INSTITUTE SYSTEM ENHANCEMENT
LAC will use systems tools and adjust configurations to make the operation best match the City's desires in both PW and CSD. This includes
a. Development of outputs from the standard reports in Version 15 and those designed using third-party report generators such as Jasper (MaintStar's third-party report writer) and Power BI to meet the City's needs.
b. Guidance in the utilization of the MaintStar mobile application. This includes setup, configuration, and training.
c. Adjusting screen configurations to match City Orange's desires with input from the City of Orange implementation team.
d. Develop dashboards and links to the City of Orange's website for work requests and status.

Three (3) meetings/training sessions are anticipated with PMs and superusers.

End Product: Enhancement provided for system usage.

TASK B7 – DEVELOP SYSTEM DOCUMENTATION
A document outlining the system and management processes will be developed as a reference and guide for applying the developed system. This will be included to document the various procedures and techniques required for operating and administering the maintenance system. In addition, screenshots of the current configuration will be included, and a word document will be provided for the City to update in the future.

End product: Documentation of the maintenance system.

TASK B8 – OVERALL MAINTSTAR SYSTEM TRAINING AND ADMINISTRATION CSD and PW managers, superintendents, and supervisors will be trained in all aspects of the MaintStar system.

Two (2) one-hour training sessions will be conducted on the following topics.  Work order creation
 Query creation
 Work reporting
 PM templates/master scheduling
 Setup, security, and administration

End Product: All staff trained in MaintStar system use.

TASK B9 – CONDUCT IMPLEMENTATION TRAINING
LAC will conduct training sessions during the process. These will include using the MaintStar to formulate the annual plan, organization of resources, and schedule and control maintenance. The sessions will consist of both general management training and actual implementation directions.

A training session will detail the use of computer operations in the maintenance system. In addition, staff will be trained in the entry of work data, production of reports, system parameters, and database updating. 136
Scope of Service, and Cost Proposal: Consultant for MaintStar Implementation LA Consulting – December 30, 2022 12 City of Orange
This effort aims to ensure all stakeholders understand and apply the design and related management processes.

LAC anticipates conducting two (2) training sessions.

End Product: Implementation training sessions.

TASK B10 – REPORT INTERPRETATION TRAINING
LAC will train staff working with the vendor to use MaintStar reports to adjust operations to become more effective and efficient in using maintenance resources, monitor adherence to the annual plan, and identify problems in productivity and work methods. This effort would allow staff to use data to make the necessary decisions to improve operations.

This effort will include designing specific reports needed to manage operations by the group.

It is anticipated to have two reports for each group. The effort is to produce output for management and train employees to create custom reports.

LAC anticipates two (2) meetings for this effort.

End Product: Training on report interpretation and customization.

MAINTSTAR (MS) TASK
MS will have close-out meetings to discuss issues, opportunities, new features, and items for improvement and optimization in software use. These meetings will include a question-and- answer session with the users. This effort will be a two-tiered discussion on the functionality for PW and CSD in two sessions and another session on the administration of the database and coordination of hosting and database access and reporting functionality.

Deliverable: MS system questions answered, and updated training provided TASK B11 – FINAL EVALUATION AND REPORT
A final report will be prepared after the implementation of the system. This report will document all data utilized, the steps required to maintain the MaintStar system, documented improvements after implementation, and any recommendations for future improvements in operations.

End Product: Final evaluation and report.

TASK B12– MONTHLY STATUS AND QUALITY CONTROL
Monthly status reports will be prepared for the City. These reports will include a listing of all the project tasks with a summary status and a percentage completed for each task.

End Product: A monthly status report will be provided, along with telephone support.

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TAB D. Cost Proposal

Having done similar projects, LAC is comfortable estimating the cost by task. Our experience in this type of effort and our knowledge of the area allow us to use our expertise to make these estimates. Our costs include all travel and expenses.

As shown in the figure below, the cost for the 15 tasks is $127,182. This is a challenging assignment, and LAC has the capabilities and necessary resources to ensure a successful project.

Cost by Task

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Scope of Service, and Cost Proposal: Consultant for MaintStar Implementation LA Consulting – December 30, 2022 14 City of Orange

Schedule

The anticipated schedule, as shown below, is ten months.

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Agenda Item
City Council
Item #: 3.5. 3/14/2023 File #: 22-0698
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Agreement with Verde Design for architectural and engineering design services for Hart Park Diamond 1 Field Improvements.

2. SUMMARY
Agreement with Verde Design for design work, consisting of conceptual/preliminary plans (Phase 1) and construction and engineering documents (Phase 2) for the Hart Park Diamond 1 Field Improvements project (30133). The project addresses safety concerns of foul balls along the first and third foul lines and will include new fencing and/or netting and a new backstop area. New field lighting will be an option considered as part of the overall improvements, pending available funding. The scope of work includes geotechnical investigation, topographic survey, foul ball trajectory for collegiate players, a conceptual plan, construction drawings and estimate of probable construction costs. Chapman University and Orange Lutheran High School, as the two main user groups of Diamond 1 and the City’spartner in providing maintenance of the field, have committed to partner with the City on this project.

3. RECOMMENDED ACTION
Approve agreement with Verde Design in the amount of $161,763.60 for design of the Hart Park Diamond 1 Field Improvements project (30133); and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure including the 20% contingency for this agreement is $161,763.60 and will be funded in Hart Park Diamond 1 Field Improvements project (30133) through Park Acquisition (Infill) (510).

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

6. DISCUSSION AND BACKGROUND
Located at Hart Park, Diamond 1 is used as a collegiate-level baseball field. The field was renovated City of Orange Printed on 3/9/2023Page 1 of 2
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Item #: 3.5. 3/14/2023 File #: 22-0698
Located at Hart Park, Diamond 1 is used as a collegiate-level baseball field. The field was renovated in the early 1970’sto include field lighting, bleachers, and foul line fencing. The City currently has agreements with Chapman University (Chapman) and Orange Lutheran High School (OLU) for exclusive use of the field from November 1 - May 31.

With the higher level of play occurring at the field, safety concerns (specifically foul balls leaving the playing area and entering the adjacent condominium complex) at the passive park areas and the parking lot have been identified, as the current foul line fencing is inadequate. In discussions, Chapman, OLU, and the City have agreed improvements to the field need to be completed, specifically installation of ball field netting along the first and third base lines and installation of a new backstop. New light poles and LED fixtures will be options considered as part of the overall improvement project (pending available funding). Both Chapman and OLU submitted letters of commitment for the project and as a result, the Capital Improvement Project (CIP), Hart Park Diamond 1 Field Improvements (30133) was approved by City Council. An aerial view of the project site is attached for reference (Attachment 1).

A Request for Proposal (RFP 22-23.22) was issued in December 2022 for design services from a qualified landscape architecture and civil engineering firm with proven experience in collegiate level baseball field netting and lighting design. The City received one responsive and responsible proposal from Verde Design. Staff reviewed the proposal and based on the firm’s experience, overall qualifications, record of success, and overall responsiveness to the RFP, staff deemed Verde Design qualified. Staff verified the qualifications of the vendor with references provided for similar projects and received positive responses.

Verde Design’sproposed cost for the project is $134,803 which includes geotechnical investigation, topographic survey, foul ball trajectory for collegiate players, a conceptual plan, construction drawings and estimate of probable construction costs. Including a 20 percent contingency of $26,960.60 for unanticipated expenses, the total not to exceed amount for the contract is $161,763.60. The cost for the design is included in Fiscal Year 2022-23 CIP through the Park Acquisition (Infill) fund (510). It is anticipated that the design process will take approximately five to six months to complete. Once construction documents are completed, a RFP will be issued for construction.

City staff will manage and oversee the project with input provided by Chapman and OLU. Once a final design has been selected, the City will work with the two groups to determine the shared costs (as these two groups are the primary field users), before award of construction.

7. ATTACHMENTS
· Attachment 1 - Project Area Aerial Map
· Attachment 2 - Verde Design Agreement
City of Orange Printed on 3/9/2023Page 2 of 2
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Agenda Item
City Council
Item #: 3.5. 3/14/2023 File #: 22-0698
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Agreement with Verde Design for architectural and engineering design services for Hart Park Diamond 1 Field Improvements.

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

6. DISCUSSION AND BACKGROUND
Located at Hart Park, Diamond 1 is used as a collegiate-level baseball field. The field was renovated City of Orange Printed on 3/9/2023Page 1 of 2
powered by Legistar™
142
Item #: 3.5. 3/14/2023 File #: 22-0698
Located at Hart Park, Diamond 1 is used as a collegiate-level baseball field. The field was renovated in the early 1970’sto include field lighting, bleachers, and foul line fencing. The City currently has agreements with Chapman University (Chapman) and Orange Lutheran High School (OLU) for exclusive use of the field from November 1 - May 31.

7. ATTACHMENTS
· Attachment 1 - Project Area Aerial Map
· Attachment 2 - Verde Design Agreement
City of Orange Printed on 3/9/2023Page 2 of 2
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PROFESSIONAL SERVICES AGREEMENT
[Hart Park Diamond 1 Field Improvements Services (Bid No. 22-23.22)]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of ________________, 2023 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and VERDE DESIGN, INC., a California corporation (“Contractor”), who agree as follows:

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

2. Compensation and Fees.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed ONE HUNDRED THIRTY-FOUR THOUSAND EIGHT HUNDRED THREE DOLLARS and 00/100 ($134,803.00) without the prior written authorization of City.

c. In addition to the scheduled services to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by City’s Project Manager. In anticipation of such contingencies, the sum of TWENTY-SIX THOUSAND NINE 145
2 HUNDRED SIXTY DOLLARS and 60/100 ($26,960.60) has been added to the total compensation of this Agreement. City’s Project Manager may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as City’s Project Manager and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a n Amendment to Agreement approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services that are specifically requested by the City’s Project Manager. Any and all additional work and services performed under this Agreement shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by City’s Project Manager prior to the commencement of such services.

d. The total amount of compensation under this Agreement, including contingencies, shall not exceed ONE HUNDRED SIXTY-ONE THOUSAND SEVEN HUNDRED SIXTY-THREE DOLLARS and 60/100 ($161,763.60).

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-five (35) days after the approval of the invoice.

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

5. Licenses. Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are 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.

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3 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.

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 ten (10) days of the Effective Date of this Agreement and diligently prosecute completion of the work in accordance with the time period set forth in Exhibit “A” hereto or as otherwise agreed to by and between the representatives of the parties.

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

12. Reserved.

13. Delays and Extensions of Time . Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing 147
4 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 additio nal 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, ab ove, absent a written amendment to this Agreement.

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

a. Contractor shall not discriminate against any employee or applica nt 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 employmen t, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

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

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 148
5 and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:

(1) Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s empl oyees 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 omis sion 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, arisin g 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 misco nduct 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 judgmen t 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.

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 149
6 insurance: the greater of (1) One Million Dollars ( $1,000,000) per occurrence ; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.

e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work perform ed 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 below shall be maintained for the duration of the 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.

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 150
7 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 d amages resulting therefrom, by way of set -off from any sums owed Contractor.

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

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

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

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

21. Compliance with all Laws/Immigration Laws.

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

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

c. Contractor represents and warrants that Contractor:

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

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

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

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

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

“CONTRACTOR” “CITY”

Verde Design, Inc. City of Orange
3685 Main Street, Suite 350 300 E. Chapman Avenue
Riverside, CA 92501 Orange, CA 92866-1591
Attn.: Devin Conway Attn.: Nathan Bluhm

Telephone: 408-850-3420 Telephone: 714-744-6491
E-Mail: [email protected] E-Mail: [email protected]

[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”

VERDE DESIGN, INC., a California corporation CITY OF ORANGE, a municipal corporation

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning, City Attorney

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

√

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EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
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CITY OF ORANGE

COMMUNITY SERVICES DEPARTMENT www.cityoforange.org PHONE: (714) 744-7274 • FAX: (714) 744-7251

COMMUNITY SERVICES DEPARTMENT • 230 E. CHAPMAN AVENUE • ORANGE, CA 92866

REQUEST FOR PROPOSAL (RFP)
Bid No. 22-23.22

HART PARK DIAMOND 1 FIELD IMPROVEMENTS

BID DUE DATE: THURSDAY, FEBRUARY 2, 2023
TIME: 2:00 PM

PROJECT NAME: Hart Park Diamond 1 Field Improvements PROJECT LOCATION: 701 South Glassell Street, Orange, CA 92866

CONTACT: Nathan Bluhm Sr. Project Landscape Coordinator PHONE: (714) 532-6491
EMAIL: [email protected]

INTRODUCTION: The City of Orange, a Municipal Corporation, is requesting p roposals from qualified Professional Design/Engineering Firms to provide design services for baseball field #1 located at Hart Park that may include, but not be limited to , the replacement of the ex isting bac kstop, new hardscape and fencing, replacement of the existing ballfield lights and poles, and installation of new foul ball protection netting.

REQUEST FOR PROPOSAL SUBMISSION:

Provide response to this REQUEST FOR PROPOSAL on attached Sheet and return all pages of the Request for Proposal . Provide three (3) copies of your proposal at time of submission and mark on the sealed package - Bid No. 22-23.22. Proposals must be received by the Office of the City Clerk , City of Orange, 300 E . Chapman Ave. Orange, California, 92866, on or before the deadline of Thursday, February 2, 202 3 at 2:00 p.m.

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TIMELINE (APPROXIMATE):

1. Mandatory Job Walk: January 17, 2023 at 1:30 p.m.

2. Deadline for questions regarding RFP: January 19, 2023 at 12:00 p.m.

3. Proposals due: February 2, 2023 at 2:00 p.m.

4. Interview (if necessary) TBD

5. Presentation to City Council: March 14, 2023

6. Notice to Proceed: TBD

PROJECT BOUNDARIES: The s ite map below represents a general description o f the project boundaries. A more comprehensive description will be identified and established at the mandatory job walk.

HART PARK BASEBALL FIELD 1 SITE MAP

BACKGROUND/PROJECT DESCRIPTION: Located at Hart Park, Field 1 is us ed as a collegiate-level play baseball field. Currently, the City partners with Chapman University and Orange Lutheran High School to maintain this premier field. The intent of this project is to provide foul ball protection to park patrons and the adjacent neighborhood with the installation of new fencing and ball field netting along the first and third base foul lines .

Additionally, the project would include an update to the existing ball field lighting with new light poles and LED fixtures as well as improvements to the surrounding hardscape and backstop as necessary.

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GENERAL PROVISIONS:

1. NOTE: All design work shall be in compliance with the City of Orange Public Works Standard Plans and Specifications, the current edit ion of the CalTrans “Green Book,” the City of Orange Landscape Standards and Specifications , and City of Orange Parks Construction Standards.

2. A mandatory job walk has been scheduled for Tuesday, January 17, 2023 at Hart Park – Field 1, at 1:3 0 pm. The Park is located at 701 S. Glassell Street, Orange CA 92866. Please bring business cards to the job walk.

3. The successful firm shall, at all times, carry valid insurance, which meets all City of Orange insurance requirements as outlined in Attachment No. 1.

4. If applicable, the successful firm shall pay prevailing wages per the current Department of Industrial Relations wage rate (including all scheduled increases) and furnish Certified Payroll Reports for all workdays.

SCOPE OF SERVICES

The following is a general outline of the scope of services to be provided by the consultant.

While it is intended that the following scope include all eleme nts essential to develop the project, those submitting proposals are advised to perform their own field reconnaissance and include any items/opportunities which they feel may have been overlooked. The successful firm is to create an accurate base plan of the overall baseball field area which shall include the existing baseball diamond, all fences/gates/openings, backstop, dugouts, storage areas, field lights, bleachers, hardscape, relevant site amenities, and significant/critical site elevations and topography.

TASK – 1 CONCEPTUAL/PRELIMINARY PLAN:

The successful firm is to prepare a Preliminary Plan and accompanying analysis that shall include, but not be limited to, the following:

• A comprehensive review of the existing site conditions and constraints. • A professional analysis that accurately studies the fou l ball trajectory of age- appropriate baseball players for the H art Park Baseball Field #1. This analysis will serve to determine the required height of the new first and third foul line protective netting.
• New backstop area including fencing and/or netting.
• New first and third foul line protective fencing and/or netting. • New Musco LED field lighting with poles capable of supporting weight and tension of new lights and/or safety netting.
• New hardscape and walkways as necessary.
• Site features that are to be preserved/protected in place. • Initial Cost Analysis/Estimate

Preliminary Plan sheet requirements:

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• Title Page with project title.
• Scale and north arrow.
• Graphic symbols showing existing trees, sh rub, ground cover /turf and general landscape areas.
• A legend that references and clearly identifies, but is not limited to, all perimeter and interior sidewalks /paving areas/pathways, trees , baseball field, parking area, park lighting, bleacher seating areas, fencing/walls and relevant site amenities. • Photo imagery of the proposed backstop, fencing/netting and field lighting. • Name, license number, address and phone number of firm. • Project limits and/or boundaries.

Additional Notes for Task-1:

• The final scale of the finished Conceptual/Preliminary plan will be determined by the City of Orange representative and the design firm.
• The Conceptual/Preliminary plan is subject to City of Orange SMART Committee and staff review. Any needed revisions to the plan will be provided at no extra fee. • The design firm is to identify within the fe e proposal, t he number of City Staff meetings that will be included within the preliminary/conceptual design Task-1. • The successful firm is to prepare an initial cost analysis/estimate of probable construction costs, and provide updated costs and value engineering based on the Preliminary Plan. Value engineering is to be comprehensive and include all reasonable and relevant phases of construction/installation costs. The cost analysis/estimate shall be expressed in two ways;

1) Total estimated cost for the completed project as constructed with new poles with new lights and new safety netting.

2) Total estimated cost for the completed project as constructed with new poles with new safety netting and the ability to support new lighting in the future.

TASK-2 CONSTRUCTION DOCUMENT (CD) PLAN SET:

Note: The successful firm shall only proceed with TASK -2 when directed to do so by the City. The City will direct the design firm to proceed with TASK-2 only after analysis of overall construction costs are determined to be feasible.

The successful firm is to pre pare a Construction Document Plan Set (plans, details, schedules and specifications) based on the final/accepted Preliminary Plan design a nd review for the new improvements as well as any park element s/areas that are to be renovated or repaired. Plans and specifications shall comply with all adopted Federal, State, and local laws, ordinances and codes and may include the following as necessary but not be limited to:

• Cover Sheet
• Grading and Drainage Plans and Details
• Construction Plans and Details
• Architectural and Details
• Structural and Details
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• Electrical and Details
• Utility Plans and Details
• Irrigation Plans and Details
• Planting Plans and Details
• Specifications

Additional notes for Scope of Work and Construction Document plan set preparation:

• CD plans are to be bid-ready, including all general notes and specifications. • The CD plans are to comply with all City of Orange Design Guidelines, Standards and Specifications.
• The CD plans/sheets are to be drawn no smaller than 1” = 20’ scale. • The CD plan set is subject to all City of Orange department reviews. Any needed revisions to the CD plan set will be provided at no extra fee. • The successful firm is to provide the number of meetings with City Staff that will be included within the firm’s fee proposal.

Task 3 – Preparation of Engineers Estimate

The successful firm is to prepare an Engineers Estimate of Probable Construction Costs, and provide updated costing and value engineering that reflects the work as detailed within the CD plan set. Value engineering is to be comprehensive and include all reasonable and relevant phases of construction/installation costs.

SPECIAL INSTRUCTIONS:

The successful firm is to include within this request for proposal the following:

1. A cover letter that conforms to the following:
a. Signed by a person authorized to bind the firm contractually. b. Provides the name, title, address, and tel ephone number of the individual to whom correspondence and other contacts should be directed during the firm’s selection process.
c. Provides the name, title, address, and telephone n umber of the individual who is authorized to contractually bind the firm.

2. Firm Information:
a. Legal name of firm and type of organization.
b. All professional license numbers.
c. Firm location(s) and phone number(s).
d. Date firm established.
e. Number of employees.
f. Name, position, summary of qualifications and related experience, and proposed responsibilities of the firm’s project manager and key personnel on the proposed project t eam, including any sub consultant positions or s ub Exhibit A: Page 5 of 35
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RFP Page 6 of 10

consultant tasks that would be related to this RFP . Submit appropriate team member resumes as an attachment.

3. Firm Experience:

Provide a brief description of three (3) projec ts for which the firm has provided a comparable or simi lar service d uring the past ten years, demonstrating its experience on similar projects to those contemplated in this bid proposal. Include the following:
a. Client name, contact name, and phone number.
b. Project description and location.
c. Dates of the project(s).
d. Description of services provided.
e. Total cost of services provided.

4. Timeline for completion of work for all Tasks.

5. An hourly fee schedule for additional or extra work (to be submitted separately in a sealed envelope with the Fee Proposal Summary).

6. If awarded this contract, the successful firm is to provide a project schedule showing a starting and completion timeline for all phases of work, as well as a projected timeline for construction.

7. All questions, requests for clarification, and comments shall be sent to the City by Email, and must be clearly titled “Written Questions”. All such emails shall be sent to Ashlie Valencia at [email protected] by 12:00 PM on Thursday, January 19, 2023.

SELECTION CRITERIA:

Evaluation of the proposals shall be based on a competitive selection process . Fiscal responsibility is a priority for the City, however the evaluation of proposals w ill not be limited to price alone. The City will select the most qu alified firm on the basis of demonstrated competence, experience, references, and value for services to be performed.

The City also reserves the privilege of interviewing the top candidates.

The successful proposal will demonstrate experience in providing the consultant services as described within this RFP. While the experience and resources of the s uccessful firm are important, it is critical that the manager proposed for overall author ity on the project have extensive relevant experience and capability. The consultant will work effectively with City staff and complete assigned tasks within budget and within the project schedule.

The following criteria shall be used in selecting the firm ultimately chosen for this project:

A. Firm experience and staff qualifications of the specific individuals who will work on the project, as well as experience of any sub consultants working on this project.

B. Demonstrated record of success by the consultant on work previously performed for the City and/or other municipalities or enterprises. Firm’s responsiveness to the overall request for information within this RFP.

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The Selection Committee will make a final choice based on the information submitted, and the successful consulta nt will execute an agreement for Consultant Design Services with the City of Orange for the completion of this work. An interview may be required wit h the top scoring firms. The City of Orange reserves the right to negotiate cost of work within the Request for Proposal.

The following criteria shall be applied to each submittal:

Each Firm is to submit in response to this RFP, a Fee Proposal in a separate sealed envelope along with a copy of an hourly fee schedule (see Attachment A: Fee Proposal Summary)

Note- Each Firm is to include with said Fee Proposal Summary a detailed schedule showing the Firm’s hours/costing that will be dedicated to each Task.

The City reser ves the right to revise this RFP prior to the date the proposa ls are due.

Revisions to the RFP will be sent by Addenda to all known participants. The City reserves the right to procure or contract f or work. All proposals s ubmitted in response to this RFP become the property of the City and are public record. The City reserves the right to delay or cancel, in part or in its entirety, this RFP including, but not limited to: selection schedule, submittal date, and submittal requirements. All known participants shall be notified of any cancellation or revisions prior to the submittal date. The City also reserves t he right to request additional information and clarifications regarding any proposals received.

It is understood that:

1. The successful firm 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 successful firm represents that it is experienced in performing the work and will follow professional standards in performance of the work.

All services provided shall conf orm to all fede ral, state and local laws, rules and regulations and to the best professional standards and practices.

2. At the conclusion of each phase of the project, the successful firm will include a nd submit to the City of Orange, all electronic files in both AutoCAD format as well as PDF.

3. The City of Orange will provide to the successf ul firm all available, existing AutoCAD/electronic files of the Hart Park site.

Deadline to submit questions regarding this pro ject and RFP are due no later than Thursday, January 19, 2023 at 12:00 p.m. All questions should be submitted via email at [email protected].

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Attachment A

FEE PROPOSAL SUMMARY
This page is to be submitted in a separate sealed envelope, along with an additional hourly fee schedule.

The undersigned as bidder dec lares that they have carefully examined the location of the proposed work, and hereby p roposed and agrees, if the proposal is accepted, to do all work required to complete said work for the price set forth. The undersigned has checked all words and figures inserted in the bid submittal, and understand that the City of Orange will make no allowance for any error or omission on the part of the undersigne d. The undersigned has thoroughly read and understood all pages of this RFP.

Task 1 – Preliminary Plan $______________________ (Figures)

Task 2 & 3 – Construction Documents $______________________ And Engineer’s Estimate (Figures)

Total Bid_________________________________ $______________________ (Words) (Figures)

Rates and Fees

Include a separate, additional, hourly schedule that includes Rates and Fees for services that may be considered as extra or additional work, not included in this proposal.

THE CITY OF ORANGE RESERVES THE RIGHT, AND IS HEREBY GRANTED THE

RIGHT, TO REJECT ANY AND ALL PROPOSALS, TO ACCEPT OTHER THAN THE LOWEST BID, AND TO WAIVE ANY INFORMALITY IN THE PROPOSAL.

Authorized Signature_______________________________________________________

Printed Name: ___________________________________________________________

Title: ___________________________________________________________________

Name of Company: _______________________________________________________

State License Number and Classification Designation: ____________________________

Executed this________day of_________________, 2022 at________________, California

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RFP 22-23.22 Sample Liability Insurance (Attachment No. 1.)

Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder, and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability covera ge (occurrence Form CG 00 01).

2. Insurance Services Office Form Number CA 00 01 covering Automobil e Liability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

Contractor shall maintain limits no less than:

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

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

3. Workers’ Compensation: As required by the State of California.

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

5. Professional Liability: $1,000,000 per claim.

Any deductibles or self -insured retentions must be declared to an d approved by the City.

At the option of the City, either: the insurer shall reduce or eliminate suc h deductibles or self-insured retentions as respects the City, it officers, officials and employees; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

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

1. The City, its officers, officials, agents and employees are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage shall be provided in the form of an Additional Ins ured Endorsement, or such other form as may be acceptable to the City, to the Contractor’s insurance policy, o r as a separate owner’s policy.

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2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials and employees. Any insurance or self-insurance maintained by the City, its officers, officials and employees shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party , except after thirty (30) days’ prior written notice has been provided to the City
The Contractor shall furnish the City with original certificates of insurance and endorsements effecting coverage required by this clause. The endorsements should be on forms acceptable to City. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

All insurance procured and maintained by the Contractor shall be issued by insurers admitted to conduct the pertinent line of insurance business in the State of California and having a rating of Grade A or better and Class VII or better by the latest edition of Best's Key Rating Guide.

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

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

Contractor hereby agrees to waive subrogation, which any insurer of the Contractor may acquire from the Contractor by virtue of the payment of any loss. The Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation i n favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

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

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Agenda Item
City Council
Item #: 3.6. 3/14/2023 File #: 23-0020
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Agreement with Hinderliter De Llamas & Associates (HdL) for Business License and Tax Services Software as a single source vendor.

2. SUMMARY
The City has used a desktop version of Progressive Solutions Business License software for 14 years. Progressive Solutions Inc. (PSI) no longer provides upgrades or updates to the desktop version; however, the web version of the software is not as robust. Staff recommends converting to Business License and Tax Services Software (HdL Prime) from Hinderliter De Llamas & Associates as a cost-effective long-term solution.

3. RECOMMENDED ACTION
Approve the three-year agreement with Hinderliter De Llamas & Associates (HdL) in the amount of $143,722 for Business License and Tax Services Software and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $143,722 and will be funded through General Fund (100).

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

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

6. DISCUSSION AND BACKGROUND
A Business License is required for any business owner, business entity, self-employed person or business organization based in or operating from Orange. This includes home based businesses, independent contractors, home offices, and others, yielding an average annual revenue of $3.5 million. The Business License division ensures that businesses pay their required tax and comply with the City’s business tax ordinance.

For 14 years the City has contracted with Progressive Solutions Inc., (PSI), a software to manage records of past and current business applications and activity, including, annual renewals, tax payments, delinquencies, sellers permits, and state licenses. New applications and business license City of Orange Printed on 3/9/2023Page 1 of 3
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payments, delinquencies, sellers permits, and state licenses. New applications and business license renewals can be handled online, by mail or in person.

Due to ongoing challenges with the current business license software, staff conducted a review of products available from PSI, HdL, and Tyler Technologies’ EDEN Enterprise Resource Planning system which the City uses for financial applications. Qualities such as ease of use for both internal and external customers, system response time, and integration with internal systems were measured. Additional features such as hosted platforms, familiarity with Short Term Rental and Hotel Permits, and cost effectiveness were also considered.

The City has a data exchange agreement with the Franchise Tax Board (FTB) to provide information that allows us to research accounts requiring a business license in Orange. In addition, the City currently has an existing sales tax consulting agreement with HdL which provides us with data sources to find unlicensed businesses.

After careful review of the options and considering long-term benefits, staff recommends converting to the HdL Prime Business License and Tax Services Software from Hinderliter De Llamas & Associates (HdL) as a single source vendor to manage the business license function. No other vendor provided the long term solutions needed, including the integration with the Franchise Tax Board, as well as the variety of options and benefits such as:
· Discovery and compliance services that provide additional revenue by maximizing existing revenue streams
· Provide updates on trends and legislation that could impact the City’s revenue streams · Cloud based - Software Hosting Services - This will offload most IT concerns such as system and hardware upgrades, database management, and disaster recovery. · Approval process that works with other departments, streamlining approvals required from the Police, Fire, Planning, or Building departments to approve and issue a business license · Connect Short Term Rental (STR) permits to Business License in one database · Transient Occupancy Tax (TOT) module to allow better tracking for TOT funds and STR TOT funds
· Implement optional resources to fill out new applications - iPads or a central desktop in the lobby. Eliminates double entry and errors can be addressed at the time of application instead of asking for more information and delaying the issuance of a business license · Offer an online PCI-compliant gateway
HdL currently provides business license services to several surrounding cities such as Brea, Fullerton, Fountain Valley, and Tustin.

Recurring costs
The cost for this software use and hosting fee portion of this agreement is $19,040 per year, with an annual CPI increase, the total cost of which is not to exceed $63,022.

Implementation costs
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The proposed agreement has a one-time implementation cost of $80,700, the payment of which will be earned by engaging HdL to perform Discovery and Compliance services using their many available sources to discover new unlicensed businesses and bring them into compliance. The agreement is structured for HdL to apply 100% of the collected funds to the implementation cost, with an estimated recovery time of two years. Beginning year three of the agreement, any remaining implementation costs which have not been paid by HdL Compliance Services revenue will be paid by the City.

Once the implementation threshold of $80,700 has been met, HdL will continue their recovery efforts, retaining 40% of the recovered funds, with the anticipated amount of $40,000 (60%) of additional revenue per year remitted to the City.

Based on the benefits of HdL’smore robust system, additional business license resources, increased annual revenue, and comparable cost to the current system, staff recommends the three-year agreement with HdL for Business License and Tax Services Software as a single source vendor.

7. ATTACHMENTS
· Software Services Agreement
· Single Source Vendor certification
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Agenda Item
City Council
Item #: 3.6. 3/14/2023 File #: 23-0020
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Agreement with Hinderliter De Llamas & Associates (HdL) for Business License and Tax Services Software as a single source vendor.

4. FISCAL IMPACT
The total expenditure for this agreement is $143,722 and will be funded through General Fund (100).

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

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

For 14 years the City has contracted with Progressive Solutions Inc., (PSI), a software to manage records of past and current business applications and activity, including, annual renewals, tax payments, delinquencies, sellers permits, and state licenses. New applications and business license City of Orange Printed on 3/9/2023Page 1 of 3
powered by Legistar™
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payments, delinquencies, sellers permits, and state licenses. New applications and business license renewals can be handled online, by mail or in person.

Recurring costs
The cost for this software use and hosting fee portion of this agreement is $19,040 per year, with an annual CPI increase, the total cost of which is not to exceed $63,022.

Implementation costs
The proposed agreement has a one-time implementation cost of $80,700, the payment of which will City of Orange Printed on 3/9/2023Page 2 of 3
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Item #: 3.6. 3/14/2023 File #: 23-0020
The proposed agreement has a one-time implementation cost of $80,700, the payment of which will be earned by engaging HdL to perform Discovery and Compliance services using their many available sources to discover new unlicensed businesses and bring them into compliance. The agreement is structured for HdL to apply 100% of the collected funds to the implementation cost, with an estimated recovery time of two years. Beginning year three of the agreement, any remaining implementation costs which have not been paid by HdL Compliance Services revenue will be paid by the City.

7. ATTACHMENTS
· Software Services Agreement
· Single Source Vendor certification
City of Orange Printed on 3/9/2023Page 3 of 3
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SOFTWARE SERVICES AGREEMENT
[Business License Software]

THIS SOFTWARE SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of ____________, 20 __ (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and HINDERLITER, DE LLAMAS & ASSOCIATES , a California corporation (“Contractor”), who agree as follows:

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.

Jamey Taulbee, Finance 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; Fees; Term.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed ONE HUNDRED FORTY -THREE THOUSAND SEVEN HUNDRED TWENTY -TWO DOLLARS and 00/100 ($143,722.00) without the prior written authorization of City.

c. The Term of this Agreement is three (3) years (the “Term”), commencing on June 1, 2023, and expiring on May 31, 2026 (the “Expiration Date”).

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2 3. Payment.

a. Payment for services shall be as specified in Exhibit “A.”

b. Payment shall constitute payment in full for all services, authorized costs and authorized extra work.

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

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

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

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

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

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

11. Time Is 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. Except as otherwise provided in Section 14.1, below, the final documents, studies, evaluations, assessments, 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.

14.1 Confidentiality; Software Use and Warranty; Records.

a. Contractor will comply with the requirements of the applicable laws, ordinances and/or regulations of which it has been informed by City concerning the confidentiality of tax records.

b. As used herein, the term “proprietary information” means all information, techniques, processes, services or material that has or could have commercial value or other utility in Contractor’s Business, including without limitation: Contractor’s (i) software, computer or data processing programs; (ii) data processing applications, routines, subroutines, techniques or systems; (iii) desktop or web -based software; (iv) audit, tax or fee collection/administration or business processes, methods or routines; (v) marketing plans, analyses and strategies; and (vi) materials, techniques and intellectual property used. Except as otherwise required by law, City 199
4 must hold in confidence and ma y not use (except as expressly authorized by this Agreement) or disclose to any other party any proprietary information provided, learned of or obtained by City in connection with this Agreement.

c. If access to any software which Contractor owns is provided to City as part of this Agreement (including, without limitation, if City chooses to subscribe to such software and reports option as part of the Services) (such Contractor-owned software is, coll ectively, the “Software”), Contractor hereby provides a limited, non-exclusive, non-transferable license to City for the use by such of City’s staff as may be designated from time to time by City and approved by Contractor in writing to use the Software pu rsuant to and during the Term of this Agreement.

The Software must only be used by such authorized City staff, and City must not sublicense, sublet, duplicate, modify, decompile, reverse engineer, disassemble, or attempt to derive the source code of the Software. The license granted hereunder does not imply ownership by City or any of City’s staff of the Software nor any rights of City or any of City’s staff to sublicense, transfer or sell the Software, or rights to use the Software for the benefit of others. City may not create (or allow the creation of) any derivative work or product based on or derived from the Software or documentation, nor modify (or allow the modification of) the Software or documentation without the prior written consent of Contractor. In the event of a breach of this provision (and without limiting Contractor’s remedies), such modification, derivative work or product based on the Software or documentation is hereby deemed assigned to Contractor. Upon termination of this Agreement or this Software license, this Software license will be deemed to have expired and City must immediately deactivate, cease using and remove, delete and destroy all the Software (including, without limitation, from City’s computers and network). Contractor warrants that the Software will perform in accordance with the Software’s documentation.

d. All final documents, preliminary drafts, communications and any and all other work product related to the Services and provided by Contractor to City either in hard copy or electronically are the property of City. This does not include any software, programs, methodologies or systems used in the creation of such work product, nor does it include any drafts, notes or internal communications prepared by Contractor in the course of performing the Services that were not otherwise provided to City in either hardcopy or e lectronic form, all of which may be protected by Contractor or others’ copyrights or other intellectual property. It is possible that any documents, drafts, communications or other work product provided to City may be considered public records under appli cable law and/or may be discoverable through litigation. Contractor may publicly state that it performs the Services for City.

e. Subject to applicable law, Contractor is responsible for retaining all final documents and other final work product related to the Services for a period of not less than three (3) years from the date provided to City. Retention of any other documents, preliminary drafts, communications and any and all other work product provided to City by Contractor is the responsibility of City. Contractor has no responsibility to retain any drafts, notes, communications, emails or other writings created or received by City in the course of performing the Services (other than the final documents and other final work product related to the Services and provided to City for the term of years referenced above).

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

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

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

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.

(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 201
6 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 th e subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Ind emnitees, 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.

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.

In no event will Contractor be liable for any lost revenues or lost profits, or any special, incidental, or consequential damages of any nature. Contractor’s duty to indemnify and hold harmless City shall not apply to claims for liability which arise from the issuance or non - issuance of any registration, license or permit.

18. Insurance.

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

c. Contractor shall maintain during the life of this Agre ement, 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. 202
7 d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement.

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

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

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

i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such cov erage 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 d amages resulting therefrom, by way of set -off from any sums owed Contractor.

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

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

19. Termination. City or Contractor may for any reason terminate this Agreement by providing a (30) days’ written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the noti ce 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.

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.

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9 c. Contractor represents and warrants that it:

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

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

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

d. 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 wit h such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.

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

h. Contractor agrees to indemnify and hold City, its officers, officials, agents and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures City may sustain by reason of Contractor's failure to comply wi th 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 205
10 jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.

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

“CONTRACTOR” “CITY”

Hinderliter De Llamas & Associates City of Orange
120 S State College Blvd. Suite 200 300 E. Chapman Avenue Brea, CA 90821 Orange, CA 92866-1591
Attn.: George Bonnin Attn.: Jamey Taulbee

Telephone: (714) 879-5000 Telephone: (714) 744-2244 E-Mail: [email protected] E-Mail: [email protected]

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

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

“CONTRACTOR” “CITY”

HINDERLITER DE LLAMAS & CITY OF ORANGE, a municipal corporation ASSOCIATES, a California corporation

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning, City Attorney

√

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EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
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1211802.2 Page 1 of 10

SCHEDULE Z
Tax and Fee Administration Services and Fees
Local Tax Software Solution

SCHEDULE Z – This Schedule Z provides the scope of Services and Fees for Consultant’s Local Tax Software Solution pursuant to the Master Services Agreement dated __________, 2023 (“MSA”).

The MSA includes the main body of the MSA, this Schedule, and all other Schedules to the MSA. Terms not otherwise defined herein have the definitions given to them within the main body of the MSA.

SCOPE OF SERVICES
Consultant will provide the following Services relative to Consultant’s local tax software solution.

1. Software Implementation

1.1. Consultant's responsibilities

1.1.1. Project manager - Consultant will provide a project manager (PM) to guide the software implementation process. The primary responsibility for the Consultant PM is to ensure successful and timely completion of each step of the software implementation schedule. The Consultant PM will work closely with the Client's designated project manager to define the software implementation schedule, identify Client needs and configure the software accordingly, validate the data conversion, and provide user training.

1.1.2. IT support - Consultant will provide a dedicated IT staff member to provide IT support during the software implementation process.

1.1.3. Management support - Consultant will assist the Client in evaluating current policies and procedures in order to enhance operational efficiency. This may include suggestions to redesign forms/reports, implement new processes, or adopt new strategies for improving communication with the business community and other Client departments.

1.1.4. Training - Consultant will provide software training for Client us ers as defined in the fees schedule. The timing, size and participants of each training session will be determined by the Consultant’s and Client’s PMs.

1.1.5. Software documentation - Consultant will provide Client with access to digital copies of available software documentation. The Client may use the software documentation materials as needed for internal use only. The software documentation contains proprietary and confidential information, and as such is bound by the confidentiality portion of this agreement. The software documentation may not in any circumstances be distributed to any 3 rd party or any individual that is not a current Client staff member responsible for using or maintaining the software.

1.2. Client's responsibilities

1.2.1. Project manager - Client will designate a staff member to serve as the Client's project manager (PM). This individual must be intimately involved in the daily busi ness processes which the software will automate, and be empowered to make, or quickly secure from management, decisions required for the configuration and implementation of the software. The primary responsibility for the Client PM is to ensure that all Client responsibilities during the software implementation process are met according to the agreed upon software implementation schedule.

The Client PM will be instrumental in the successful implementation of the software; working closely with the Consultant PM to verify data conversion, review and approve reports, establish business rules, and confirm configuration and behavior of the software.

1.2.2. IT support - Client will designate an IT staff member to work with Consultant staff throughout the software implementation process. This individual must be knowledgeable about the Client's computing environment and be authorized to access any equipment or services required for proper access to and operation of the software.

1.3. Data Conversion - Consultant will convert the Client’s existing data as provided by Client . Client agrees to provide its current data in a format agreed upon by Consultant and Client. Acceptable formats include Microsoft SQL Server backup file, Excel, Access, and ASCII delimited text file. 209

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Client will provide all available documentation to assist with identifying the contents of the data files, including but not limited to file layout documentation, database schema, and screenshots from five (5) sample accounts. Client will provide the data a minimum of two times during the conversion process. Client understands that the second (and any subsequent) data must be provided in the same format and layout as the first data set. Any inconsistencies between the first and final data sets will result in a delayed installation date and additional charges for conversion.

1.4. Schedule – The default timeline for software implementation (including “Go Live”) is approximately 60 days from receipt of initial discovery materials . When the Agreement is signed by all parties, Consultant will immediately work with the Client to establish a defined implementation schedule which is agreeable to both Client and Consultant.

2. Software Hosting Services – Consultant’s hosting services offload the majority of IT concerns to Consultant’s hosting team; including system upgrades, hardware and software maintenance, database management, and disaster recovery. Client will be responsible for maintaining its workstations and a reliable internet connection. Consultant will handle the rest. Website functionality will be hosted using a Client specific sub-domain on Consultant’s special purpose hdlgov.com domain.

2.1. Workstation Specifications – Workstations will access the software through a remote application session with Consultant’s hosting service. All workstations require 4+GB Memory, 1280x1024 screen resolution, and MS Windows 7/8/10 operating system.

2.2. Network Specifications – Consultant’s hosted service requires reliable, high speed internet connectivity. High-speed local area network connections are always helpful, but the service will also run without difficulty over slower WAN connections such as T1 or mobile broadband.

2.3. Printer Specifications - The software is designed to work with laser printers. A PCL compliant laser printer is recommended. Each make and model of printer has different drivers and therefore has slightly different results when printing. We design forms/reports using HP LaserJet printers.

3. Software Support

3.1. Client Support - Consultant will provide Client’s users no charge support by telephone, email and the web during the term of this Agreement. In the United States support is available as follows: For customer support between the hours of 8:00 am and 5:00 pm Pacific time, Monday through Friday, email [email protected] or call (909) 861 -4335 and ask for software support. For urgent off hours support before 8:00 am or after 5:00 pm Pacific time, Monday through Friday (or anytime Saturday), email [email protected] and Consultant’s on call support personnel will be notified.

Please only include your name, agency and contact # in emails to [email protected]. You will be contacted as soon as possible.

3.2. Response Time – In the event that Client encounters an error and/or malfunction whereby the software does not conform to expected behavior in accordance with the software design, Consultant will assign one of the following severity levels and render support services in a timely manner consistent with the urgency of the situation.

3.2.1. Severity Level 1 – a critical problem has been encountered such that the software is e ssentially inoperable and without a reasonable workaround. Consultant will respond within one (1) business hour to diagnose the problem. A response is defined as an email or call to the Client’s designated support contact. Consultant and Client will work diligently and continuously to correct the problem as quickly as possible.

3.2.2. Severity Level 2 – a problem has been encountered that does not prevent use of the software, but the software is not operating correctly. Consultant will diagnose the problem within 48 hours and advise Client of any available work -around. Upon Consultant’s confirmation that the software is not operating correctly, Consultant will provide a software update to repair the defect and confirm with Client that the update resolved the issue.

3.2.3. Severity Level 3 – a minor problem has been encountered. The software is usable but could be improved by correction of a minor defect or addition of a usability enhancement. HdL will assess the request within fifteen (15) business days and, depen ding on priorities, schedule a software update for a future release, advise City that the request will not be implemented, or offer the option of implementing the request as a custom software enhancement at additional cost. 210

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3.3. Support Policy Regarding Reports - Consultant will assist with modifications to reports as needed during the term of this agreement. Typical report modifications require 7 to 10 business days to complete. Very complex reports or reports required in a very short time frame may incur development costs, in which case an estimate will be provided for approval before the work is begun.

3.4. Software Upgrades - Except to the extent that upgrades of the software include new modules or features not previously offered as part of the software as of the date hereof, Client is entitled to upgrades of the software within the terms of this Agreement. Though rare, additional costs may apply depending on the extent of the upgrade. Potential additional costs include training, consulting, configuration, or other requested services.

3.5. Out of Scope Support – Client agrees to pay additional hourly fees according to Consultant’s then current hourly rates if the Client desires Consultant’s assistance for matters which are not caused by any defects in Consultant’s software.

4. Online Payment Processing – Consultant’s software includes PCI compliant payment gateway services powered by FIS Global, which supports both credit card and eCheck transactions. If a different payment gateway is required there will be a n initial programming cost to establish the custom payment gateway integration , and increase to the annual software use fee for continued support of the custom integration. Costs will be determined dependent on the integration requirements and API documentation.

4.1. Payment Processing - Consultant shall provide its Services to support payments remitte d to Client.

Consultant shall transmit transactions for authorization and settlement through Consultant’s certified payment processor. Funds for transactions processed by Consultant hereunder shall be submitted to Client’s designated bank account as follows: (i) no more than two (2) business banking days after all Transactions (other than electronic Check Transactions) that are successfully processed prior to 5:00 p.m. ET on each business banking day (e.g., a Transaction authorized at 2:00 p.m. ET on Mond ay will be submitted on Wednesday; a Transaction successfully processed at 8:00 p.m. ET on Monday will be submitted on Thursday); and (ii) no more than five (5) business banking days for all electronic Check Transactions that are successfully processed pri or to 5:00 p.m. ET on each business banking day. Consultant makes no representation or warranty as to when funds will be made available by Client’s bank.

4.2. Support - Consultant shall provide Client with payment processing related customer service as needed. Client shall timely report any problems encountered with the service. Consultant shall promptly respond to each report problem based on its severity, the impact on Client’s operations and the effect on the service. Consultant shall either resolve the problem or provide Client with the information needed to enable the Client to resolve it.

4.3. Transaction Errors - Consultant’s sole responsibility for any Transaction error or reversed Transaction is to determine whether the result i ndicates a problem with Consultant’s service and, if necessary, reprocess and resubmit the Transaction without additional charge. In the event that a Transaction is reversed or refunded to any Customer of Client, for any reason, Consultant may offset such amount against funds remitted to Client, or invoice Client for such amount, at Consultant’s discretion. Client shall pay any such invoice within 30 days of receipt.

4.4. Electronic Check Authorization - If Client elects to accept electronic Checks as a form of payment, the following subsections apply. For the purpose of this section, “checks” means checks drawn on accounts held in the U.S. (“Check(s)”).

4.4.1. As part of the implementation plan, Client shall select risk management controls governing Check acceptance and assumes sole responsibility for the choice of controls.

4.4.2. Consultant shall provide confirmation on a submitted ABA number as part of the Service to assist Client with the decision whether to accept a Check and shall route accepted Checks.

4.4.3. Client hereby a uthorizes Consultant to debit the Client’s financial institution account in the amount of any returned item that is received by Consultant.

4.5. Client Responsibilities

4.5.1. As a condition to its receipt of the Service, Client shall execute and deliver any and all applications, agreements, certifications or other documents required by Networks or other third parties whose consent or approval is necessary for the processing of Transactions. “Network” is an entity or association that operates, under a common service ma rk, a system which permits 211

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participants to authorize, route, and settle Transactions among themselves, including, for example, networks operated by VISA USA and Mastercard, Inc., NYCE Corporation, American Express, and Discover.

4.5.2. Client represents, warrants, and agrees that it does and will comply with applicable Laws and regulations and Network rules, regulations or operating guidelines. Client shall notify Consultant in writing as soon as possible in the event a claim is either threatened or filed against Client by any governmental organization having jurisdiction over Client or a Customer related to the Service. Client shall also notify Consultant in writing as soon as possible in the event a claim is either threatened or filed against Client relating to Transactions or the Services or a fine or other penalty is assessed or threatened relating to Transactions or the Services.

4.5.3. Client represents, warrants and agrees that it is and will continue to be in full compliance with all applicable requirements of the Client Information Security Program of VISA, the Site Data Protection Program of MasterCard, and similar programs of other Networks, and any modifications to such programs that may occur from time to time. Upon the request of Consultant, Client shall provide Consultant with documentation reasonably satisfactory to Consultant verifying compliance with this Section.

4.5.4. Client hereby grants Consultant the full right, power and authority to request, receive and review any Data or records reflected in a Transaction report. Client represents and warrants that it has the full right and authority to grant these rights.

FEES

5. Pricing Adjustments – All pricing listed in this Schedule will be honored during the first twelve months of software services. Any additional/optional services needed after this period will be provided using Consultant’s current pricing schedule at the time the service is requested.

6. Software Services

6.1. One Time Costs

Item Price Comments
Software License Fee $47,000.00 6 Named Users
Prime Web Module Included
Transient Occupancy Tax Module $7,500.00 Includes Implementation of fees/rates, 1 basic renewal form.

Authorize.net Payment Gateway $1,200.00 Configuration and implementation Software Implementation $10,500.00 Project management, installation, configuration, report design, training, etc.

Data Conversion $14,500.00 Includes Business License and TOT data conversion
Travel Expenses TBD At Cost
Training – 1 day Included Additional days available at $2,000/day TOTAL $80,700.00 Total one-time costs

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6.1.1. Software License Fee – Fee includes use of the software by the specified number of users and all standard forms and reports. Additional user licenses are available for $ 2,000.00 license fee plus $1,000 annual software use fee.

6.1.2. Data Conversion – Fee includes two (2) conversions of Client data. The first for the pre-install environment used for testing and training, and the second at go-live. Additional conversions can be performed, upon request, at a cost of $3,500 per conversion. Abnormally complex conversions or very poor data quality may require additional effort , which will be charged at the developer hourly rate.

6.1.3. Travel Expenses – Travel and lodging expenses are billed at cost and apply to all meetings; including process, pre-installation, installation, training, and support. Consultant is dedicated to conserving public funds, and ensures any travel costs are required and reasonable.

6.1.4. Customizing Services – Consultant’s software is a customizable off the shelf system (COTS), and has been designed to meet all common needs of municipalities. Should the need occur, Consultant is available to provide custom enhancements to the software on a time and material basis. No work shall be performed without prior written approval of Client.

6.2. Recurring Costs

Item Price Comments
Software Use and HdL Hosting Fee $16,040.00 Due at Prime core system “Go Live”.

Renewed annually + CPI. 6 remote user
licenses included.

Authorize.net Payment Gateway $1,500.00 Renewed annually + CPI Transient Occupancy Tax Module $1,500.00 Renewed annually + CPI TOTAL RECURRING COSTS $19,040.00 Renewed annually + CPI

6.2.1. Software Use Fee – Software Use Fees are billed annually, and provides for ongoing customer support and updates to the software.

6.2.2. Hosting Services – The fee for software hosting services is billed annually in advance, along with the software use fee.

6.2.3. CPI – Recurring costs will be increased as of January 1st of each calendar year with reference to the 12-month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPI-U), West Region, as reported by the U.S. Bureau of Labor Statistics (the “CPI Change”). Each annual increase in the Fees will be equal to the greater of two percent (2%) or the actual CPI Change and the lesser of ten percent (10%) or the actual CPI Change. For example, if the actual CPI Change is 1.5%, then the annual increase will be 2%, if the actual CPI Change is 3.5%, then the annual increase will be 3.5%, and if the actual CPI Change is 12%, then the annual increase will be 10%.

7. Payment Processing Services – Consultant will configure payment processing services to utilize either a taxpayer funded model (convenience fee) or Client funded interchange pass -through model. Client may switch between these models upon written request to Consultant.

7.1. Taxpayer funded model - Client authorizes Consultant to collect each convenience fee.

Item Price
Credit and Debit Cards processing 2.9%, minimum of $2.00 ACH/eCheck processing $1.25 per transaction
Payment Account Hosting and Maintenance $35.00 per month 213

1211802.2 Page 6 of 10

ACH/eCheck Returns $0
Chargebacks $0

7.2. Client funded interchange pass-through model.

Item Price
Credit and Debit Cards processing 2.9% + $0.30 per transaction ACH/eCheck processing $0.50 per transaction
Payment Account Hosting and Maintenance $35.00 per month ACH/eCheck Returns $10.00 per event
Chargebacks $25.00 per event

7.3. Fees do not include expenses, late fees or charges, or taxes, all of which shall be the responsibility of Client. In addition to the charges specified, Client shall be responsible for (a) all interchange and network provider fees, (b) all dues, fees, fines and assessments established and owed by Client to Visa and/or Mastercard, (c) for all costs and fees associated with changes to ATM protocol caused by Client’s conversion to the Services, and (d) any increase in postage charges, provided that any increase in charges resulting from (a) through (d) shall not exceed the actual increase incurred by Consultant.

7.4. Consultant reserves the right to review and adjust all Client and convenience fee pricing on an annual basis in June. This adjustment may be consistent with the then most recent ECI adjustment or three percent (3%) whichever is greater. Items that will be considered in the review of fees may include, but are not limited to: regulatory changes, card association rate adjustments, card association category changes, bank/processor dues and assessments, average consumer payment amounts, and card type utilization.

8. Payment Schedule

8.1. All one-time project costs shall be paid as follows:
• City shall enroll in HdL’s Business License Compliance services for a minimum of a 3-year term on a 40% of all recovered revenue contingency fee structure (see Compliance Services scope of work)
• 100% of City’s portion of all recovered revenue from the HdL Compliance services shall be retained by HdL until such time as the one-time software service costs are fully paid ($80,700.00).
• Beginning year three (3) of this agreement, any remaining one-time software service costs which have not been paid by the City’s portion of recovered revenue through HdL Compliance services shall be invoiced and due within 30 days of the invoice date.

8.2. Any travel and lodging expenses are billed at cost as they are incurred. Such expenses shall be due within 30 days of the billing date.

8.3. Recurring software costs will be invoiced each year on the anniversary of the effective date of the Agreement, and shall be due within 30 days of the invoice date.

8.4. Payment processing service fees are invoiced monthly for the prior month’s activity, and shall be due within 30 days of the invoice date.
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1211802.2 Page 7 of 10

IN WITNESS WHEREOF, the parties hereto have entered into this Schedule Z to the MSA through their duly authorized representatives as of ___________, 2023.

Hinderliter De Llamas & Associates (HdL) City of Orange, CA

By: _____________________________ By: ___________________________

Its:_____________________________ Its:___________________________

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1211802.2 Page 8 of 10

SCHEDULE D
Business License Tax and Fee Compliance Services and Fees

SCHEDULE D – This Schedule D provides the scope of Services and Fees for business license tax and fee compliance services pursuant to the Master Services Agreement dated __________, 2023 (“MSA”).

The MSA includes the main body of the MSA, this Schedule, and all other Schedules to the MSA. Terms not otherwise defined herein have the definitions given to them within the main body of the MSA.

SCOPE OF SERVICES
Consultant will provide the following business license tax compliance services.

1. Compliance Services: 1) Identify and register businesses which are subject to licensure or taxation, 2) collect known debt as pertains to business license or tax, and 3) identify under-reported tax liability.

1.1. Discovery Services

1.1.1. Develop a list of businesses subject to Client licensure or taxation.

1.1.2. Notify non-compliant businesses of their options to comply or dispute their non-compliant status.

Notification and support to businesses will be facilitated through the website, mail, email, phone and fax.

1.1.3. Review information and forms submitted by the business for completion and accuracy, inclusive of any additional required documentation (i.e. home oc cupation permit). All submissions are filed and stored electronically and made available to Client upon request.

1.1.4. Provide businesses with detailed invoicing and options to pay via website, mail, and phone.

1.1.5. Remit revenue to Client no less than monthly, along with all business applications and any additional documentation.

1.2. Collection Services

1.2.1. Identify businesses subject to Client licensure or taxation which have known debt to Client and have failed to pay within an appropriate time frame.

1.2.2. Notify businesses of their options to comply or dispute their non-compliant status.

1.2.3. Provide businesses with detailed invoicing and options to pay via website, mail and phone.

1.2.4. Remit revenue to Client no less than monthly.

1.3. Audit Services

1.3.1. Identify potential under-reporting and/or misclassified businesses.

1.3.2. Audit businesses mutually agreed to by Client and Consultant that are identified as potential under-reporting businesses.

1.3.3. Submit audit summaries to Client and discuss further actions.

1.3.4. Educate businesses on proper reporting practices.

1.3.5. Invoice and collect identified delinquencies.

2. Online Payment Processing – Consultant’s services include PCI compliant payment processing services powered by FIS Global, which supports both credit card and eCheck transactions.

2.1. Client Responsibilities

2.1.1. As a condition to its receipt of the Service, Client shall execute and deliver any and all applications, agreements, certifications or other documents required by FIS Global, Networks or other third parties whose consent or approval is necessary for the processing of Transactions by FIS Global. “Network” is an entity or association that operates, under a common service mark, a system which permits participants to authorize, route, and settle Transactions among 216

1211802.2 Page 9 of 10

themselves, including, for example, networks operated by VISA USA and Mastercard, Inc., NYCE Corporation, American Express, and Discover.

2.1.2. Client hereby grants Consultant the full right, power and authority to request, receive and review any Data or records reflected in a Transaction report. Client represents and warrants that it has the full right and authority to grant these rights.

FEES

3. Compliance Services

3.1. Fees for performing compliance Services apply to all monies received for the current tax/license period and any other prior period collected (including monies received for taxes, penalties, interest, and fees).

3.1.1. Fees for performing discovery Services shall be a contingency Fee of 40% of the revenues received as a result of the Services.

3.1.2. In the event that Client discovers a non-compliant business and reports the business to Consultant (including a calculation of all taxes/fees due ), Consultant will categorize the business as a collection service effort and thus apply the lower collection Services contingency Fee rate.

3.1.3. Fees for performing collection Services shall be a contingency Fee of 25% of the revenues received as a result of the Services.

3.1.4. Fees for performing audit Services shall be a contingency Fee of 40% of the revenues received as a result of the Services.

3.2. Consultant recognizes Client’s authority to waive or reduce the tax/fee debt of a business. Should Client decide to do so for a business whose deficiency was identified by Consultant, Consultant shall be entitled to compensation in the amount of one ha lf (1/2) of the Fees Consultant would have otherwise earned. Deficiencies which are uncollectable due to insolvency or dissolution of the business, or for deficiencies which are otherwise incapable of collection (i.e. statute of limitation or other legal defense) shall not be considered a Client voluntary election to waive, and thus, Consultant would not be entitled to compensation related thereto under this provision.

3.3. Fees related to travel and lodging expenses are billed at cost and applied to all meeting s (including implementation, training, operations, and support). Travel expenses only apply to out of scope travel and must therefore be pre-approved by Client.

3.4. Fees will be invoiced monthly to Client for Services performed during the prior month. Fees wil l be netted out of Client’s monthly revenue disbursement. Client will submit payment for any balance due to Consultant within 30 days of receiving the invoice.

4. Payment Processing – Consultant will configure payment processing services to utilize either a taxpayer funded model (convenience fee) or Client funded model, as directed by Client. Client may switch between these models upon written request to Consultant. Fees for each of these payment processing models are detailed here.

4.1. Taxpayer funded model – Client authorizes Consultant to collect each convenience fee from the taxpayer at time of payment.

4.1.1. Credit and debit card processing – 2.9% of transaction amount, minimum of $2.00

4.1.2. ACH/eCheck processing - $1.25 per transaction

4.2. Client funded

4.2.1. Credit and debit card processing – 2.9% of transaction amount

4.2.2. ACH/eCheck processing - $0.50 per transaction

4.3. Returned payments/NSF fee – Each occurrence of a card chargeback, returned payment or insufficient funds will incur a fee of $25.00, to be applied to the taxpayers account.

4.4. Consultant reserves the right to review and adjust pricing related to payment processing services on an annual basis. Consultant will communicate any such adjustment to Client in writing, with 60 days 217

1211802.2 Page 10 of 10

advance notice. Items that will be considered in the review of fees may include, but are not limited to: regulatory changes, card association rate adjustments, card association category changes, bank/processor dues and assessments, average consumer payment amounts, card type utilization, and costs of service.

IN WITNESS WHEREOF, the parties hereto have entered into this Schedule D to the MSA through their duly authorized representatives as of ___________, 2023.

CONSULTANT:

Hinderliter De Llamas & Associates (HdL)

By: _________________________

Its: _________________________

CLIENT:

City of Orange, CA

By: ________________________

Its: ________________________

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219
Agenda Item
City Council
Item #: 3.7. 3/14/2023 File #: 23-0152
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
First Amendment to Agreement with Lance, Soll, & Lunghard, LLP for additional financial reporting services and a one-year term extension.

2. SUMMARY
The original agreement with Lance, Soll & Lunghard, LLP for Financial Audit Services was for three years, with two optional one-year extensions. Staff is recommending the First Amendment to the existing agreement to execute the first one-year extension; and for the addition of Financial Reporting services, which include the preparation and submission of the Annual Comprehensive Financial Report (ACFR) and the State Controller’s Report.

3. RECOMMENDED ACTION
Approve First Amendment to the agreement with Lance, Soll, & Lunghard, LLP to initiate first extension year and the addition of services for the preparation and submission of the Annual Comprehensive Financial Report (ACFR) and the State Controller’sReport and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $86,848.00 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.
d: Effectively manage and develop City assets.

6. DISCUSSION AND BACKGROUND
In 2021, the City entered into a three year agreement with Lance, Soll, Lunghard, LLP (LSL) for Financial Auditing services. The Finance Department recently requested a quote for services to assist with the year-end compilation and printing of the Annual Comprehensive Financial Report (ACFR) and State Controllers Report. LSL provided a proposal for the preparation, word processing, and printing of the City’s Annual Comprehensive Financial Report, in accordance with the requirements and standards of the Government Finance Officers Association, and the preparation City of Orange Printed on 3/9/2023Page 1 of 2
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Item #: 3.7. 3/14/2023 File #: 23-0152
requirements and standards of the Government Finance Officers Association, and the preparation and submission of the City’s Annual Financial Transactions Report required by the State of California’sState Controller’sOffice. The quoted amount for these additional services is $15,100 per year.

The Finance department currently hires a retired employee on temporary assignment to complete the ACFR report at an estimated total cost of $19,000, for 248.5 staff hours. Printing of the report is outsourced at a cost of $1,500. In FY22, the costs to the City for the preparation and printing of the ACFR totaled $20,500. LSL providing these services will result in an estimated cost savings of $5,400 per year.

In addition to cost savings, by having the auditing firm prepare the financial reports directly, the cumbersome process of cross-referencing information and time delays due to scheduling conflicts is eliminated. As a result, the process of financial reports preparation will be streamlined and conducted more efficiently, with fewer errors.

The original agreement term was for the fiscal years ending June 30, 2021, 2022, and 2023, with the option to extend the agreement for two additional terms of one year each. Staff is recommending a one-year extension and the additional services to be provided.

7. ATTACHMENTS
· First Amendment to Professional Services Agreement with Lance, Soll, Lunghard, LLP City of Orange Printed on 3/9/2023Page 2 of 2
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Agenda Item
City Council
Item #: 3.7. 3/14/2023 File #: 23-0152
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
First Amendment to Agreement with Lance, Soll, & Lunghard, LLP for additional financial reporting services and a one-year term extension.

4. FISCAL IMPACT
The total expenditure for this agreement is $86,848.00 and will be funded through General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.
d: Effectively manage and develop City assets.

6. DISCUSSION AND BACKGROUND
In 2021, the City entered into a three year agreement with Lance, Soll, Lunghard, LLP (LSL) for Financial Auditing services. The Finance Department recently requested a quote for services to assist with the year-end compilation and printing of the Annual Comprehensive Financial Report (ACFR) and State Controllers Report. LSL provided a proposal for the preparation, word processing, and printing of the City’s Annual Comprehensive Financial Report, in accordance with the requirements and standards of the Government Finance Officers Association, and the preparation City of Orange Printed on 3/9/2023Page 1 of 2
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Item #: 3.7. 3/14/2023 File #: 23-0152
requirements and standards of the Government Finance Officers Association, and the preparation and submission of the City’s Annual Financial Transactions Report required by the State of California’sState Controller’sOffice. The quoted amount for these additional services is $15,100 per year.

7. ATTACHMENTS
· First Amendment to Professional Services Agreement with Lance, Soll, Lunghard, LLP City of Orange Printed on 3/9/2023Page 2 of 2
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FIRST AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT
[Annual Financial Audit Services – RFP No. 20-21.35]

THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the “First Amendment”) is made and entered into as of _______________, 2023, by and between the CITY OF ORANGE, a municipal corporation (“City”), and LANCE, SOLL & L UNGHARD, LLP, a general partnership (“Contractor”), with reference to the following:

A. City and Contractor entered into a Professional Services Agreement (Agreement No. 7155) dated April 13, 2021 , which is incorporated herein by this reference (the “Original Agreement”); and

B. City and Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement by revising the Scope of Services , increasing the compensation, and extending 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 Revised Scope of Services . The Scope of Services, Section 1, Exhibit A of the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference.

Section 4. Compensation. The total not -to-exceed compensation for the services to be rendered as set forth in Section 2 of the Original Agreement is increased by FIFTEEN THOUSAND ONE HUNDRED DOLLARS and 00/100 ($15,100.00) per term, and Section 2.a,

2.b, and 2.c are hereby amended in their entirety to read as follows:

“a. Contractor's total compensation for all services performed under this Agreement during the Initial Term, shall not exceed ONE HUNDRED SEVENTY-EIGHT THOUSAND FOUR HUNDRED SIXTY-THREE DOLLARS and 00/100 ($178,463.00) without the prior written authorization of City.

b. For the “First Extension Term” (as defined in Paragraph 10, below), Contractor’s total compensation for all services performed under this Agreement during the First Extension Term shall not exceed SEVENTY-ONE THOUSAND SEVEN 224

2 HUNDRED FORTY -EIGHT DOLLARS and 00/100 ($ 71,748.00) without the prior written authorization of the City.

c. If the City elects to exercise its option to extend the term of this Agreement for the “Second Extension Term” (as defined in Paragraph 10, below), Contractor’s total compensation for all services performed under this Agreement during the Second Extension Term shall not exceed SEVENTY-TWO THOUSAND EIGHT HUNDRED EIGHTY DOLLARS and 00/100 ($72,880.00) without the prior written aut horization of the City.”

Section 5. Extension of Term. Pursuant to Section 10 of the Original Agreement, the City exercises its option to extend the term of this Agreement for the First Extension Term, commencing January 1, 2023, and terminating on December 31, 2024.

Section 6. Integration. This First A mendment 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 provisio ns 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.

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

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

“CONTRACTOR” “CITY”

LANCE, SOLL & LUNGHARD, LLP, CITY OF ORANGE, a municipal corporation a general partnership

*By: By:

Printed Name: Daniel R. Slater, Mayor Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning, 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 c orporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.

√

226

EXHIBIT “A”

SUPPLEMENTAL SCOPE OF SERVICES

[Behind this page.]

227

February 8, 2023

City of Orange
Katrin Bandhauer, Assistant Director of Finance
300 E. Chapman Ave.

Orange, CA 92866

Lance, Soll & Lunghard, LLP is pleased to respond to your request to amend our current contract with the City to provide additional services not originally included within the scope of work of the original contract. As a leader in the field of governmental accounting and auditing, we appreciate this opportunity given to us to provide additional services to the City. We understand the additional services requested to be the following: (1) preparation of, including w ord processing and printing of the City ’s Annual Comprehensive Financial Report, in accordance with the requirements and standards of the Government Finance Officers Association, and (2) the preparation and submis sion of the City ’s Annual Financial Transactions Report required by the State of California’s State Controller’s Office. These services will be performed for each year rem aining on o ur current contract w ith the City which provides for services through the 2022/23 fiscal year with optional renewal periods through the 2024/25 fiscal year.

Preparation of the Annual Comprehensive Financial Report

This service includes:

1. Preparing the basic financial statements, footnotes, required supplementary information, and supplementary information presented in the Annual Comprehensive Financial Report utilizing trial balances, ledgers, schedules, and other information provided to us by the City.

2. Word processing, formatting, proofing, and providing three (3) electronic drafts of the Annual Comprehensive Financial Report for the City’s review prior to issuing the final report.

3. Printing and binding up to 20 hard copies for distribution by the City to the necessary parties and the postage necessary to deliver those hard copies to the City.

This service does not include:

1. Preparation of the management’s discussion and analysis , statistical section, and other introductory section documents, including the transmittal letter. These it ems remain management’s responsibility , but will be reviewed , edited, and formatted as necessary for consistency with the basic financial statements.

2. Content creation for any unique graphic or artistic pages, including covers, page dividers, etc. If these items are requested, they may be provided to us for incorporation into the final document.

203 N. Brea Blvd., Suite 203
Brea, CA 92821

228

Our fees for this service will be billed on an hourly basis at our standard hourly rates as disclosed in our existing contract with the City, and are estimated to be between $5,000 but not to exceed $10,000. The fee is based on the estimated number of hours (40) and the level and position of staff required to prepare the document.

Preparation of the State Controller’s Report

This service includes:

1. Preparing the State Controller’s Report in the format required by the State Controller ’s Office by the deadline of January 31 of each year, and providing an electronic copy of the Report to the City’s management for review prior to submission.

2. Submitting the Report electronically to the State Controller’s Office on behalf of the City.

3. Responding to any follow up or questions on the Report provided by the State Controller’s Office on behalf of the City.

Our fee for this service is a flat fee of $5,100, and is based on the estimated number of hours (40) and the level and position of staff required to prepare the document.

We greatly appreciate this opportunity to provide additional premier services to the City . This proposal is a firm and irrevocable offer for a period no less than 90 calendar days from the date of submittal. For purposes of this proposal, Ryan Domino, P artner is authorized to make representations for our firm. I can be reached at the address below, by phone at (714) 672-0022 or by email at [email protected]
.

Ryan Domino, Partner

LANCE, SOLL & LUNGHARD, LLP
203 N. Brea Blvd., Suite 203
Brea, CA 92821

229
Agenda Item
City Council
Item #: 3.8. 3/14/2023 File #: 23-0116
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Jeff Adams, Interim Community Development Director

1. SUBJECT
Amendment to six Affordable Housing Agreements with Orange Housing Development Corporation for 10% loan forgiveness on each loan in exchange for early repayment to the City.

2. SUMMARY
Amendment to six Affordable Housing Agreements with Orange Housing Development Corporation for 10% loan forgiveness on the balance of each loan in exchange for early repayment to the City.

The total estimated payment to the City is approximately $1,388,965.91 in HOME Investment Partnerships funds and former Redevelopment Agency set-aside funds. The total loan forgiveness for the six loans is estimated at $154,329.55.

3. RECOMMENDED ACTION
For the six Affordable Housing Agreements with Orange Housing Development Corporation to include:
a. Adams I: 1837-1841 E. Adams Avenue - Agreement 2951
b. Adams II: 1915, 1917, 1919 E. Adams Avenue - Agreement 3076 c. Adams III: 1741-1745 E. Adams Avenue - Agreement 3195 d. Alice Clark Orange Blossom Apartments: 141 East Walnut Avenue - Agreement 2538 e. Rose Street Apartments: 1743 E. Rose Avenue - Agreement 3121 f. Villa Modena: 4431 E. Marmon Avenue - Agreement 3507

1. Authorize staff to update amounts in the First Amendment to reflect the most current balances of each loan as of amendment approval date.

3. Accept into the City’s revenue budget approximately $1,388,965.91 from Orange Housing Development Corporation into the following revenue account numbers:
a. 921.0000.44100.00000-Principal Repayments $888,099.74 b. 921.0000.44151.00000-Interest - Deferred Loans $411,061.75 c. 317.0000.44100.00000-Principal Repayments $ 89,532.13 d. 317.0000.44151.00000-Interest - Deferred Loans $ 272.30 City of Orange Printed on 3/9/2023Page 1 of 3
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4. FISCAL IMPACT
The total fiscal impact for this agreement is $154,329.55, the discount amount, from the following funds:

1. Low & Moderate Income Housing Asset Fund (921) $411,061.75

2. HOME Fund (317) 272.30
$154,329.55

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
b: Analyze future fiscal needs and potential revenue opportunities. d: Effectively manage and develop City assets

6. DISCUSSION AND BACKGROUND
Orange Housing Development Corporation (OHDC) is a non-profit organization established in 1990 that provides quality housing for low-income families and senior citizens. OHDC will, on occasion, also serve as a Community Housing Development Organization (CHDO) for third party affordable housing developers. A CHDO is a private non-profit, community-based service organization that qualifies for special set-aside funding from the HOME Investment Partnerships Program (HOME) through the Department of Housing and Urban Development (HUD). A CHDO can be the owner, developer, or sponsor of a housing project.

OHDC approached the City with a proposal for early repayment of six of 12 current outstanding loans that it has with the City in exchange for 10% loan forgiveness on the balance of each of the six loans.

Of the six loans proposed for early repayment, three were funded with HOME funds and three were funded with former Redevelopment Agency set-aside housing funds.

The loans proposed for early repayment are as follows:

Loan Total Balance (as
of January 31,
2023)
Total Discount
(as of January
31, 2023)
Estimated Early
Repayment
Amount
Loan Type
Adams I $23,361.67 $2,336.17 $21,025.50 HOME
Adams II $40,073.82 $4,077.38 $36,066.44 HOME
Adams III $8,661.19 $866.12 $7,795.07 Set-aside
RDA
Alice Clark
Orange
Blossoms
$358,988.89 $35,898.89 $323,090.00 Set-aside
RDA
Rose Street $36,347.20 $3,634.72 $32,712.48 HOME
Villa Modena $1,075,862.69 $107,586.27 $968,276.42 Set-aside RDA
Totals $1,543,295.46 $154,329.55 $1,388,965.91
The early repayment of the loans would not impact any of the original term loans for each of the respective projects, and would require that the original affordability period remain in place:

Project Starting Year of Restriction Ending Year of
Restrictions
Adams I 1997 2027
Adams II 1998 2053
Adams III 1999 2054
Alice Clark Orange Blossoms 1997 2052
Rose Street 1998 2053
Villa Modena 2001 2056
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Item #: 3.8. 3/14/2023 File #: 23-0116
Project Starting Year of Restriction Ending Year of
Restrictions
Adams I 1997 2027
Adams II 1998 2053
Adams III 1999 2054
Alice Clark Orange Blossoms 1997 2052
Rose Street 1998 2053
Villa Modena 2001 2056
Affordable housing loans are usually repaid over a 55-year period and based on a percentage of residual receipts, or a small percentage of the revenue a project generates after all liabilities have been paid. The early repayment of these loans would benefit the City by making the housing funds available years sooner so that they can be re-invested in new affordable housing projects.

7. ATTACHMENTS
· Amendment to OHDC Affordable Housing Loans Early Payoff City of Orange Printed on 3/9/2023Page 3 of 3
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Agenda Item
City Council
Item #: 3.8. 3/14/2023 File #: 23-0116
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Jeff Adams, Interim Community Development Director

1. SUBJECT
Amendment to six Affordable Housing Agreements with Orange Housing Development Corporation for 10% loan forgiveness on each loan in exchange for early repayment to the City.

2. SUMMARY
Amendment to six Affordable Housing Agreements with Orange Housing Development Corporation for 10% loan forgiveness on the balance of each loan in exchange for early repayment to the City.

1. Authorize staff to update amounts in the First Amendment to reflect the most current balances of each loan as of amendment approval date.

4. FISCAL IMPACT
The total fiscal impact for this agreement is $154,329.55, the discount amount, from the following funds:

1. Low & Moderate Income Housing Asset Fund (921) $411,061.75

2. HOME Fund (317) 272.30
$154,329.55

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
b: Analyze future fiscal needs and potential revenue opportunities. d: Effectively manage and develop City assets

Of the six loans proposed for early repayment, three were funded with HOME funds and three were funded with former Redevelopment Agency set-aside housing funds.

The loans proposed for early repayment are as follows:

Project Starting Year of Restriction Ending Year of
Restrictions
Adams I 1997 2027
Adams II 1998 2053
Adams III 1999 2054
Alice Clark Orange Blossoms 1997 2052
Rose Street 1998 2053
Villa Modena 2001 2056
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Item #: 3.8. 3/14/2023 File #: 23-0116
Project Starting Year of Restriction Ending Year of
Restrictions
Adams I 1997 2027
Adams II 1998 2053
Adams III 1999 2054
Alice Clark Orange Blossoms 1997 2052
Rose Street 1998 2053
Villa Modena 2001 2056
Affordable housing loans are usually repaid over a 55-year period and based on a percentage of residual receipts, or a small percentage of the revenue a project generates after all liabilities have been paid. The early repayment of these loans would benefit the City by making the housing funds available years sooner so that they can be re-invested in new affordable housing projects.

7. ATTACHMENTS
· Amendment to OHDC Affordable Housing Loans Early Payoff City of Orange Printed on 3/9/2023Page 3 of 3
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1 AMENDMENT TO LOAN DOCUMENTS

OHDC AFFORDABLE HOUSING LOANS EARLY PAYOFF

THIS AMENDMENT TO LOAN DOCUMENTS (“Amendment”) is made as of ___________________ ___, 2023 by and between ORANGE HOUSING DEVELOPMENT CORPORATION, a California nonprofit corporation (“Borrower”) and the CITY OF ORANGE, a municipal corporation and the successor housing agency to the housing assets and functions of the former Orange Redevelopment Agency, a public body corporate and politic (“City”).

BACKGROUND

A. Borrower executed, entered into and delivered to City and the predecessor in interest to City known as the Orange Redevelopment Agency, a public body, corporate and politic (“Agency”), the following promissory notes, agreements, covenants and deeds of trust securing Borrower’s obligations under the promissory notes , agreements and covenants relating to affordable housing projects identified therein and located on various parcels of real property identified therein within the City of Orange, County of Orange and State of California:

1. That certain Affordable Housing Agreement dated as of Februa ry 1, 1996 between Borrower and Agency and related (a) Promissory Note evidencing a loan of Agency funds to Borrower in the amount of $283,930; (b) Declaration of Covenants, Conditions and Restrictions imposing certain affordable housing covenants for a 55 year term; and (c) Deed of Trust securing the loan, the Promissory Note and the obligations of Borrower under said agreement, promissory note and affordable housing covenants (collectively the “Alice Clark Loan Documents”);

2. That certain Rehabilitation Loan Agreement dated as of December 8, 1997 between Borrower, Agency and City and related (a) Promissory Note evidencing a loan of HOME funds to Borrower in the amount of $96,056 ; (b) Agreement Containing Covenants between Borrower and Agency and Agreement C ontaining HOME Program Requirements between Borrower and City imposing certain affordable housing covenants for a 30 year term; and (c) Deed of Trust securing the loan, the Promissory Note and the obligations of Borrower under said agreement, promissory no te and affordable housing covenants (collectively the “Adams I Loan Documents”);

3. That certain Loan and Grant Agreement dated as of August 13, 1998 between Borrower, Agency and City and related (a) Promissory Note evidencing a loan of HOME funds to Borrowe r in the amount of $126,300 ; (b) Agreement Containing Covenants between Borrower and Agency and Agreement Containing HOME Program Requirements between Borrower and City imposing certain affordable housing covenants for a 55 year term; and (c) Deed of Trust securing the loan, the Promissory Note and the obligations of Borrower under said agreement, promissory note and affordable housing covenants (collectively the “Adams II Loan Documents”);

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2 4. That certain Affordable Housing Agreement dated as of March 1, 1999 between Borrower and Agency and related (a) Promissory Note evidencing a loan of Agency funds to Borrower in the amount of $30,000 ; (b) Agreement Containing Covenants imposing certain affordable housing covenants for a 55 year term ; and (c) Deed of T rust securing the loan, the Promissory Note and the obligations of Borrower under said agreement, promissory note and affordable housing covenants (collectively the “Adams III Loan Documents”);

5. That certain Loan and Grant Agreement dated as of November 4, 1998 between Borrower, City and Agency and related (a) Promissory Note evidencing a loan of HOME funds to Borrower in the amount of $81,220 ; (b) Agreement Containing Covenants imposing certain affordable housing covenants for a 55 year term ; and (c) Deed of Trust securing the loan, the Promissory Note and the obligations of Borrower under said agreement, promissory note and affordable housing covenants (collectively the “Rose Loan Documents”);

6. That certain Affordable Housing Agreement dated as of December 15, 2000 between the Borrower and the Agency and related (a) Promissory Note evidencing a loan of Agency funds to Borrower in the amount of $862,960 ; (b) Agreement Containing Covenants imposing certain affordable housing covenants for a 55 year term; and (c) Deed of Trust securing the loan, the Promissory Note and the obligations of Borrower under said agreement, promissory note and affordable housing covenants (collectively the “Villa Modena Loan Documents”).

The Alice Clark Loan Documents, the Adams I L oan Documents, the Adams II Loan Documents, the Adams III Loan Documents, Rose Loan Documents, and the Villa Modena Loan Documents are collectively referred to herein, as amended from time to time, as the “ Loan Documents”. The Loan Documents evidence and secure the loans, indebtedness and other obligations of the Borrower to the City established and agreed to therein (as used herein, collectively, if and as defined in the Loan Documents, the “Obligations”). Any initially capitalized terms used in this Amendment without definition shall have the meanings assigned to those terms in the Loan Documents. All deeds of trust and agreements containing housing affordability restrictions were recorded pursuant to the governing agreements listed above as part of the Loan Documents. The Loan Documents are on file in the public records of the City.

B. The various loans of HOME funds as defined and identified in the Loan Documents were made by the City to Borrower pursuant to applicable federal, state and local law an d regulations. The various loans of redevelopment housing funds as defined and identified in the Loan Documents were made by the Agency to Borrower pursuant to the California Community Redevelopment Law and City and Agency ordinances, resolutions and regu lations. By adoption of Resolution No. 10626 of the City Council of the City on January 14, 2012, the City elected to retain, without limitation, all of the affordable housing assets, rights, powers, duties, obligations, liabilities and functions previously performed by the Agency upon the dissolution of the Orange Redevelopment Agency and become the housing successor agency of the Agency by operation of law, including enforcement of affordability covenants, agreements, deeds of trust and promissory notes and performance of related activities, including without limitation the rights and obligations of the former Agency under the Loan Documents. Repayments from Borrower to the City of HOME loan funds under the Loan Documents are retained by the City under applicable law as HOME Program Funds. Repayments from Borrower to the City of Agency loan funds under the 237

3 Loan Documents are retained by the City as the successor housing agency to the Agency as assets of the Low and Moderate Income Housing Asset Fund (LMIHAF).

C. The Borrower and the City desire to amend the Loan Documents as provided for in this Amendment, so as to provide for and effectuate the Discounted Payoffs on or before the Payoff Date, subject to the terms and conditions of this Amendment.

NOW, THEREFORE, in consideration of the mutual covenants herein contained and intending to be legally bound hereby, the parties hereto agree as follows:

1. Discounted Payoffs. Borrower agrees, on or before 5:00 p.m. on March 23 , 2023 (the "Payoff Date"), to deliver to City Community Development Department, at 300 E. Chapman Avenue, Orange, California 92866 by certified check or wired funds, as directed by the City, the estimated amount of Nine Hundred Seventy-Seven Thousand Six Hundred Thirty-One Dollars and 87/100 ($977,631.87) (the "Discounted Pa yoff Amount"), plus accrued interest in the amount of Four Hundred Eleven Thousand Three Hundred Thirty -Four Dollars and 05/100 ($411,334.05) (the "Accrued Interest"), and provided tha t the Borrower is not in default under the Loan Documents, or any of them, City agrees to accept the Discounted Payoff Amount and the Accrued Interest on or before the Payoff Date as full satisfaction of the repayment of the Loans evidenced and secured by the Loan Documents, calculated as follows:

A. As to the Alice Clark Loan Documents, discounted unpaid principal in the amount of Two Hundred Forty-Four Thousand Five Hundred Ninety-Seven Dollars and 17/100 ($244,597.17) and accrued and unpaid interest in the amount of Seventy- Eight Thousand Four Hundred Ninety-Two Dollars and 83/100 ($78,492.83); B. As to the Adams I Loan Documents, discounted unpaid principal in the amount of Twenty Thousand Seven Hundred Fifty -Three Dollars and 21/100 ($20,753.21) and accrued and unpaid interest in the amount of Two Hundred Seventy -Two Dollars and 30/100 ($272.30);
C. As to the Adams II Loan Documents, discounted unpaid principal in the amount of Thirty-Six Thousand Sixty-Six Dollars and 44/100 ($36,066.44) and accrued and unpaid interest in the amount of Zero Dollars ($0);
D. As to the Adams III Loan Documents, discounted unpaid principal in the amount of Seven Thousand Seven Hundred Ninety -Five Dollars and 07/100 ($7,795.07) and accrued and unpaid interest in the amount of Zero Dollars ($0); E. As to the Rose Loan Documents, discounted unpaid principal in the amount of Thirty-Two Thousand Seven Hundred Twelve Dollars and 48/100 ($32,712.48) and accrued and unpaid interest in the amount of Zero Dollars ($0); and F. As to the Villa Modena Loan Documents, discounted unpaid principal in the amount of Six Hundred Thirty -Five Thousand Seven Hundred Seven Dollars and 50/100 ($635,707.50) and accrued and unpaid interest in the amount of Three Hundred Thirty -Two Thousand Five Hundred Sixty -Eight Dollars and 92/100 ($332,568.92).

2. Upon receipt of the Discounted Payoff Amount and Accrued Interest, City shall deliver to the Borrower (a) the original Note marked "Paid" (or an original executed lost note 238

4 affidavit if the original Note is unavailable) and (b) a partial satisfaction of the Deed of Trust only as to the payment obligations secured by the Deed of Trust but not as to the performance of affordable housing covenants set forth in recorded affo rdable housing covenants included in the Loan Documents for each of the loans and secured by each of the respective Deeds of Trust; such partial satisfaction to be in a form reasonably approved by Borrower and City consistent with the terms of this Amendme nt; whereupon the Loan Documents shall be deemed to be amended in accordance with the terms and conditions of this Amendment. To the extent that any term or provision of this Amendment is or may be inconsistent with any term or provision in any Loan Document, the terms and provisions of this Amendment shall control.

Nothing in this Amendment shall be deemed to alter, modify and amend in any way any of Borrower’s obligations to comply with and timely perform all of the affordable housing covenants recorded in connection with each of the loans evidenced and secured by the Loan Documents, as described and referred to in Section 1 of this Amendment, and Borrower shall continue to fully perform each and every obligation set forth in each such covenant agreement for the full term originally set forth in each such covenant agreement.

Nothing in this Amendment shall be deemed to alter, modify and amend in any way any of Borrower’s obligations under each of the deeds of trust recorded in connection with each of the loans evidenced and secured by the Loan Documents, as described and referred to in Section 1 of this Amendment, but only insofar as each such deed of trust secures the performance by Borrower of the affordability covenants recorded in connection with t he loan secured by each such deed of trust. In the event the total Discounted Payoff Amount and Accrued Interest are timely received by the City as and when required by this Amendment each deed of trust shall, as of the Payoff Date, no longer secure the r epayment of the amounts due under the promissory notes relating to each such loan.

3. (a) The Existing Borrower hereby certifies that: (a) no Event of Default or event which, with the passage of time or the giving of notice or both, would constitute an Even t of Default, exists under any Loan Document which will not be cured by the execution and effectiveness of this Amendment, (b) no consent, approval, order or authorization of, or registration or filing with, any third party is required in connection with t he execution, delivery and carrying out of this Amendment or, if required, has been obtained, and (c) this Amendment has been duly authorized, executed and delivered so that it constitutes the legal, valid and binding obligation of the Existing Borrower, e nforceable in accordance with its terms. The Borrower confirms that the Obligations remain outstanding without defense, set off, counterclaim, discount or charge of any kind as of the date of this Amendment.

(b) The Borrower hereby certifies that: (a) all of its representations and warranties in the Loan Documents, as amended by this Amendment, are, except as may otherwise be stated in this Amendment: (i) true and correct as of the date of this Amendment, (ii) ratified and confirmed without condition as if made anew, and (iii) incorporated into this Amendment by reference; (b) no Event of Default or event which, with the passage of time or the giving of notice or both, would constitute an Event of Default, exists under any Loan Document which will not be cured by the execution and effectiveness of this Amendment ; (c) no consent, approval, order or authorization of, or registration or filing with, any third party is required in connection with the 239

5 execution, delivery and carrying out of this Amendment or, if required, has been obtained; and (d) this Amendment has been duly authorized, executed and delivered so that it constitutes the legal, valid and binding obligation of the Borrower, enforceable in accordance with its terms.

4. To induce the City to enter into this Amendment, the Borrower waives and releases and forever discharges the City and its officers, City Council members , attorneys, agents, and employees from any liability, damage, claim, loss or expense of any kind that it may have against the City or any of them arising out of or relating to the Loan Documents and/or the Obligations.

The Borrower further agrees to indemnify and hold the Bank and its officers, City Council members, attorneys, agents and employees harmless from any loss, damage, judgment, liability or expense (including attorneys’ fees) suffered by or rendered against the City or any of them on account of any claims arising out of or relating to the Obligations and/or the Loan Documents, and all of the releases and indemnifications given by Borrower in each and every Loan Document shall continue in full force and effect in accordance with their terms . The Borrower further states that it has carefully read the foregoing release and indemnity, knows the contents thereof and grants the same as its own free act and deed.

5. This Amendment may be signed in any number of counterpart copies and by the parties to this Amendment on separate counterparts, but all such copies shall constitute one and the same instrument.

6. This Amendment will be binding upon and inure to the benefit of the Borrower and the City and their respective heirs, executors, administrators, successors and assigns. This Amendment is personal to Borrower and may not be assigned, encumbered or transferred in any way to any third party without the prior written consent of the City given in the sole and absolute discretion of the City.

7. This Amendment will be interpreted and the rights and liabilities of the parties hereto determined in accordance with the laws of the State of California, excluding its conflict of laws rules.

8. Except as amended hereby, the terms and provisions of the Loan Documents remain unchanged, are and shall remain in full force and effect unless and until modified or amended in writing in accordance with their terms, and are hereby ratified and confirmed. Except as expressly provided herein, this Amendment shall not constitute an amendment, waiver, consent or release with respect to any provision of any Loan Document, a waiver of any default or Event of Default under any Loan Document, or a waiver or release of any of the City’s rights and remedies (all of which are hereby reserved).

9. City and Borrower agree to cooperate and take all steps and sign all documents as reasonably necessary to effectuate the Discounted Payoffs which are the s ubject of this Amendment, including without limitation utilizing an escrow agent reasonably acceptable to both parties hereto and executing commercially reasonable escrow instructions.

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6 IN WITNESS WHEREOF , City and Borrower have caused this Amendment t o be executed and delivered by their proper officer(s) respectively thereunto duly authorized as of the date first written above.

“CITY”

CITY OF ORANGE, a municipal corporation
of the State of California

By:

Daniel R. Slater, Mayor

ATTEST:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

By:

Mary E. Binning, City Attorney

“BORROWER”

ORANGE HOUSING DEVELOPMENT

CORPORATION,
a California nonprofit corporation

By
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Agenda Item
City Council
Item #: 3.9. 3/14/2023 File #: 23-0113
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Grant a utility easement to Southern California Edison on City of Orange property to facilitate the installation of support wire for a replacement electrical pole.

2. SUMMARY
The granting of this easement for utility purposes on City owned property will provide the necessary support for an electrical pole serving the Main Library and adjacent residential areas.

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

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1. Provide for a safe community
d. Assure the development of the City occurs in a fashion that maximizes public safety.

Goal 2. Be a fiscally healthy community
e. Create an environment to attract, retain and expand economic opportunities.

6. DISCUSSION AND BACKGROUND
Southern California Edison (SCE) has recently tested electrical poles in the City of Orange. It has been determined that the existing electrical pole (Pole No. 4470179E), which serves both the Main Library and the adjacent residences, is deteriorated and in need of replacement. The pole will be replaced in the same location. Once replaced, SCE has determined that the new pole will require stabilization in the form of a support wire, which would anchor approximately 10 feet southerly of the pole location.

The support wire will require an easement from the City of Orange. Staff recommends the granting of a utility easement to SCE to allow for the required stabilization of the electrical pole.

The City Council action is to authorize the granting of a utility easement on City property in favor of SCE, and to authorize the Mayor to execute the easement deed from the City to Southern California City of Orange Printed on 3/9/2023Page 1 of 2
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Item #: 3.9. 3/14/2023 File #: 23-0113
SCE, and to authorize the Mayor to execute the easement deed from the City to Southern California Edison.

7. ATTACHMENTS
· Easement Deed
· Plat Map
· Location Map
City of Orange Printed on 3/9/2023Page 2 of 2
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Agenda Item
City Council
Item #: 3.9. 3/14/2023 File #: 23-0113
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Grant a utility easement to Southern California Edison on City of Orange property to facilitate the installation of support wire for a replacement electrical pole.

2. SUMMARY
The granting of this easement for utility purposes on City owned property will provide the necessary support for an electrical pole serving the Main Library and adjacent residential areas.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1. Provide for a safe community
d. Assure the development of the City occurs in a fashion that maximizes public safety.

Goal 2. Be a fiscally healthy community
e. Create an environment to attract, retain and expand economic opportunities.

The support wire will require an easement from the City of Orange. Staff recommends the granting of a utility easement to SCE to allow for the required stabilization of the electrical pole.

The City Council action is to authorize the granting of a utility easement on City property in favor of SCE, and to authorize the Mayor to execute the easement deed from the City to Southern California City of Orange Printed on 3/9/2023Page 1 of 2
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Item #: 3.9. 3/14/2023 File #: 23-0113
SCE, and to authorize the Mayor to execute the easement deed from the City to Southern California Edison.

7. ATTACHMENTS
· Easement Deed
· Plat Map
· Location Map
City of Orange Printed on 3/9/2023Page 2 of 2
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LIBRABY TRACT M.M. 5/21ORANGE CO.BLOCK A

BLOCK B
LOT 1
LOT 2
LOT 3LOT 4
LOT 5
POR.LOT 17
LOT 16
LOT 15 N
249
Untitled Map

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300 ft
N ➤ ➤
N
250
Agenda Item
City Council
Item #: 3.10. 3/14/2023 File #: 23-0111
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Appropriation of $36,414 in designated grant and disbursement funding received from California State Library and Santiago Library System.

2. SUMMARY
Grant and disbursement funds will be used to enhance and expand the Library’s eBook and eAudiobook collections.

3. RECOMMENDED ACTION

1. Accept into the City’srevenue budget $36,414 in grant and disbursement funds from California State Library and Santiago Library System into the following revenue account numbers in the General Fund: $30,000 into account number 100.2001.45290.30223, Palace Implementation Project Grant; and $6,414 into account number 100.2001.48390.19988, Santiago Library System.

4. FISCAL IMPACT
The total appropriation for this grant and disbursement is funded by the additional revenue received from California State Library and Santiago Library System.

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

6. DISCUSSION AND BACKGROUND
The Orange Public Library has been awarded a $30,000 Palace Project Implementation Grant for Fiscal Year 2022-2023 (FY23). California State Library has generously provided support in Federal Library Services and Technology Act (LSTA) funds to expand and enhance the Library’s digital collections.

The California State Library, in partnership with the Black Gold Cooperative Library System, has launched eBooks for All California. Created to equalize access across California, this statewide collection can be accessed by anyone with a California public library card and an internet connection.

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Item #: 3.10. 3/14/2023 File #: 23-0111
collection can be accessed by anyone with a California public library card and an internet connection.

Through its participation, Orange Public Library will be able to offer its cardholders access to the free, shared statewide collection of eBooks and eAudiobooks via the Palace app. Funds will purchase eBooks and eAudiobooks and must be spent or encumbered by the end of June 2023. Purchases will elevate the Library’sofferings from 0.028 eBooks per capita to 1.302 eBooks per capita, an increase of 4,560.85% that will benefit Library patrons.

The Orange Public Library has been presented a $6,414 disbursement from the Santiago Library System (SLS). SLS is a membership consortium of Orange County libraries that receives money from the state and disburses annually to member libraries. This disbursement to the Library has been provided for e-content products and services. Funds will purchase additional eBooks and eAudiobooks from cloudLibrary to expand the Library’s collection.

7. ATTACHMENTS
· Palace Implementation Project Grant Award Letter
City of Orange Printed on 3/9/2023Page 2 of 2
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Agenda Item
City Council
Item #: 3.10. 3/14/2023 File #: 23-0111
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Appropriation of $36,414 in designated grant and disbursement funding received from California State Library and Santiago Library System.

2. SUMMARY
Grant and disbursement funds will be used to enhance and expand the Library’s eBook and eAudiobook collections.

3. RECOMMENDED ACTION

1. Accept into the City’srevenue budget $36,414 in grant and disbursement funds from California State Library and Santiago Library System into the following revenue account numbers in the General Fund: $30,000 into account number 100.2001.45290.30223, Palace Implementation Project Grant; and $6,414 into account number 100.2001.48390.19988, Santiago Library System.

4. FISCAL IMPACT
The total appropriation for this grant and disbursement is funded by the additional revenue received from California State Library and Santiago Library System.

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

City of Orange Printed on 3/9/2023Page 1 of 2
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Item #: 3.10. 3/14/2023 File #: 23-0111
collection can be accessed by anyone with a California public library card and an internet connection.

7. ATTACHMENTS
· Palace Implementation Project Grant Award Letter
City of Orange Printed on 3/9/2023Page 2 of 2
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Agenda Item
City Council
Item #: 3.11. 3/14/2023 File #: 23-0140
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $443,515.03 in State of California Office of Emergency Services funding received.

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

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $443,515.03 in strike team reimbursement funds from the California Office of Emergency Services (Cal-OES), into the revenue account numbers for Cal -OES reimbursements as specified in Section 6 of the staff report.

2. Authorize the appropriation of $439,141.18 into the expenditure account numbers for Overtime -Safety as specified in Section 6 of the staff report.

3. Authorize the appropriation of $4,373.85 into the expenditure account numbers for Strike Team Expenditures as specified in Section 6 of the staff report.

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

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

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

Strike team deployments involve an Engine Company, or a Battalion Chief, or a Deputy Chief City of Orange Printed on 3/9/2023Page 1 of 2
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Item #: 3.11. 3/14/2023 File #: 23-0140
Strike team deployments involve an Engine Company, or a Battalion Chief, or a Deputy Chief responding to an incident with their vehicle, as part of a multi-agency team. Individual Overhead resources respond to fill a specific role for an incident, such as a Safety Officer or Line Emergency Medical Technician (EMT).

Upon return from an incident, reimbursement paperwork and invoices are submitted to Cal-OES. The Fire Department recently received reimbursement payments for the Oak Fire for $914.21, the 2022 OSC Support for $13,398.29, the Border 32 Fire for $12,762.44, the Mill Fire for $20,497.41, the Mountain Fire for $180,389.44, the Fairview Fire for $75,193.96, and the Mosquito Fire for $140,359.28. Staff is requesting that funds be appropriated into the appropriate expenditure accounts for Fiscal Year 2022-2023. The additional funds will reimburse Fire Department overtime and travel expenditures incurred during these incidents.

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

Cal-OES reimbursements (revenue account 100.3024.48212.xxxxx):
$ 914.21 .40303 - Oak Fire
13,398.29 .40311 - 2022 OSC Support
12,762.44 .40312 - Border 32 Fire
20,497.41 .40313 - Mill Fire
180,389.44 .40314 - Mountain Fire
75,193.96 .40315 - Fairview Fire
140,359.28 .40318 - Mosquito Fire
$ 443,515.03
Overtime-Safety (expenditure account 100.3024.50221.xxxxx):
$ 914.21 .40303 - Oak Fire
13,207.75 .40311 - 2022 OSC Support
12,762.44 .40312 - Border 32 Fire
20,497.41 .40313 - Mill Fire
177,492.55 .40314 - Mountain Fire
74,801.97 .40315 - Fairview Fire
139,464.85 .40318 - Mosquito
$ 439,141.18
Strike Team (expenditure account 100.3024.53860.xxxxx):
$ 190.54 .40311 - 2022 OSC Support
2,896.89 .40314 - Mountain Fire
391.99 .40315 - Fairview Fire
894.43 .40318 - Mosquito Fire
$ 4,373.85

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.11. 3/14/2023 File #: 23-0140
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $443,515.03 in State of California Office of Emergency Services funding received.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $443,515.03 in strike team reimbursement funds from the California Office of Emergency Services (Cal-OES), into the revenue account numbers for Cal -OES reimbursements as specified in Section 6 of the staff report.

2. Authorize the appropriation of $439,141.18 into the expenditure account numbers for Overtime -Safety as specified in Section 6 of the staff report.

3. Authorize the appropriation of $4,373.85 into the expenditure account numbers for Strike Team Expenditures as specified in Section 6 of the staff report.

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

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

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

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

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.12. 3/14/2023 File #: 23-0156
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Appropriation of $102,504.07 in designated grant funding received from the Board of State and Community Corrections (BSCC) for the 2023 Officer Wellness and Mental Health Grant Program.

2. SUMMARY
Funding for the Officer Wellness and Mental Health Grant Program is being provided in the amount of $102,504.07 to improve officer wellness and expand mental health sources.

3. RECOMMENDED ACTION

1. Accept into the City’srevenue budget $102,504.07 in grant funds from the Board of State and Community Corrections, into revenue account number 100.4011.45290.30224, BSCC Officer Wellness 22-23.

4. FISCAL IMPACT
The total appropriations for this grant are funded by the additional revenue received from the Board of State and Community Corrections.

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

6. DISCUSSION AND BACKGROUND
The Officer Wellness and Mental Health Grant Program, established in the 2022 State Budget Act (Assembly Bill 178, Chapter 45, Statutes of 2022), provides $50 million for city and county law enforcement agencies for the purpose of improving officer wellness and expanding mental health sources. In furtherance of this mission, the Orange Police Department has received $102,504.07 in grant funding from the Board of State and Community Corrections (BSCC) for any of the following purposes:

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· Establishing or expanding officer wellness units
· Establishing or expanding peer support units
· Services provided by a licensed mental health professional, counselor or other professional that works with law enforcement
· Expanding multiagency mutual aid programs focused on officer wellness and mental health · Other programs and services that are evidence-based or have a successful track record of enhancing officer wellness
The awarded funds are being distributed as a lump sum, upfront at the beginning of the grant. The allocation of the BSCC Officer Wellness and Mental Health Grant Program will ensure adequate funding for the grant period from July 1, 2022 through December 1, 2025. As a participating agency, the department is required to submit a final impact and expenditure report to the BSCC on how the funding was used and a description of the impact of the resources. The BSCC shall provide these reports to the Commission on Peace Officer Standards and Training (POST) to assist in their efforts to develop statewide resources and practices related to officer wellness.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.12. 3/14/2023 File #: 23-0156
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Appropriation of $102,504.07 in designated grant funding received from the Board of State and Community Corrections (BSCC) for the 2023 Officer Wellness and Mental Health Grant Program.

2. SUMMARY
Funding for the Officer Wellness and Mental Health Grant Program is being provided in the amount of $102,504.07 to improve officer wellness and expand mental health sources.

3. RECOMMENDED ACTION

1. Accept into the City’srevenue budget $102,504.07 in grant funds from the Board of State and Community Corrections, into revenue account number 100.4011.45290.30224, BSCC Officer Wellness 22-23.

4. FISCAL IMPACT
The total appropriations for this grant are funded by the additional revenue received from the Board of State and Community Corrections.

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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· Establishing or expanding officer wellness units
· Establishing or expanding peer support units
· Services provided by a licensed mental health professional, counselor or other professional that works with law enforcement
· Expanding multiagency mutual aid programs focused on officer wellness and mental health · Other programs and services that are evidence-based or have a successful track record of enhancing officer wellness
The awarded funds are being distributed as a lump sum, upfront at the beginning of the grant. The allocation of the BSCC Officer Wellness and Mental Health Grant Program will ensure adequate funding for the grant period from July 1, 2022 through December 1, 2025. As a participating agency, the department is required to submit a final impact and expenditure report to the BSCC on how the funding was used and a description of the impact of the resources. The BSCC shall provide these reports to the Commission on Peace Officer Standards and Training (POST) to assist in their efforts to develop statewide resources and practices related to officer wellness.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.13. 3/14/2023 File #: 23-0166
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Appropriation of $47,000 from the General Fund unreserved fund balance to cover the cost of the 2022 General Municipal Election.

2. SUMMARY
The City received the final invoice from the Orange County Registrar of Voters for consolidation of the November 8, 2022, General Municipal Election with the Statewide Election. Staff is requesting Council authorize the appropriation of $47,000 from the General Fund unreserved balance to cover the total cost of the 2022 General Municipal Election.

3. RECOMMENDED ACTION
Authorize the appropriation of $47,000 from the General Fund unreserved balance to expenditure account number 100.0401.52551.00000 - General Fund - Election Expense.

4. FISCAL IMPACT
The total expenditure to conduct the November 8, 2022, General Municipal is $222,000 and will be funded in General Fund (100).

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

6. DISCUSSION AND BACKGROUND
The City consolidates its General Municipal Election with the County of Orange Board of Supervisors Statewide Election. For planning purposes, the Orange County Registrar of Voters (ROV) provides the City with an estimate based upon a projection of total jurisdictional participation and an average cost per voter. The total jurisdictional participation is calculated by taking the current number of registered voters and projecting a 10% increase in voter registration. In addition, effective in 2019, Assembly Bill 216 requires prepaid postage to be included on all vote by mail return envelopes.

For the November 2022 election, the ROV estimated between $1.10 and $1.40 per voter. Based on this estimate, provided to the City in May 2021, the City budgeted $175,000 to cover the consolidation with the County and other election expenses such as required publishing and candidate City of Orange Printed on 3/9/2023Page 1 of 2
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materials.

Actual cost ranged from $1.63 and $1.71 per voter depending on the at-large or by-district race.

Actual costs were applied in compliance with the Office of Management and Budget (OMB) Circular A -87 and included labor and overhead, supplies, services, and other expenditures incurred during the election.

To cover the actual cost of the 2022 Election, staff is requesting the appropriation of $47,000 from the General Fund unreserved balance to the Election Expense expenditure account.

7. ATTACHMENTS
· County of Orange Invoice
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Agenda Item
City Council
Item #: 3.13. 3/14/2023 File #: 23-0166
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Appropriation of $47,000 from the General Fund unreserved fund balance to cover the cost of the 2022 General Municipal Election.

3. RECOMMENDED ACTION
Authorize the appropriation of $47,000 from the General Fund unreserved balance to expenditure account number 100.0401.52551.00000 - General Fund - Election Expense.

4. FISCAL IMPACT
The total expenditure to conduct the November 8, 2022, General Municipal is $222,000 and will be funded in General Fund (100).

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

For the November 2022 election, the ROV estimated between $1.10 and $1.40 per voter. Based on this estimate, provided to the City in May 2021, the City budgeted $175,000 to cover the consolidation with the County and other election expenses such as required publishing and candidate City of Orange Printed on 3/9/2023Page 1 of 2
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materials.

Actual cost ranged from $1.63 and $1.71 per voter depending on the at-large or by-district race.

To cover the actual cost of the 2022 Election, staff is requesting the appropriation of $47,000 from the General Fund unreserved balance to the Election Expense expenditure account.

7. ATTACHMENTS
· County of Orange Invoice
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Agenda Item
City Council
Item #: 3.14. 3/14/2023 File #: 23-0108
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Well 28 Equipping and Public Pocket Park Construction Project (W-698) and authorization to advertise for bids.

2. SUMMARY
Plans and specifications have been completed for Well 28 Equipping and Public Pocket Park Construction Project. The project is ready to be advertised for bids. The estimated construction cost is $6,553,000.

3. RECOMMENDED ACTION
Approve the plans and specifications and authorize advertising for Bid No. 22-23.33.

4. FISCAL IMPACT
The total expenditure for this multi-year project will be funded in Well 28 Construction (18120) through Water Fund (600).

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

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

6. DISCUSSION AND BACKGROUND
Well 28 is located at 225 W. Maple Street, in the Old Towne area of the City of Orange. This project is being built in two construction phases. Phase One, which included drilling of the well, was successfully completed in March 2022 for a cost of $1,561,090. Phase Two, for which we are requesting authorization to bid, encompasses equipping of the well with the necessary pumping and water treatment equipment and construction of a public pocket park that will surround the perimeter of the facility.

The scope of work for well equipping includes minor well rehabilitation, construction of electrical and chemical buildings, installation of a new well pump, motor, electrical transformer and panels, a sound enclosure, PFAS treatment system, piping, and other appurtenances. The pocket public park construction will include construction of CMU block screen walls with decorative metal trellis matching the surrounding existing architectural scheme, monument sign, picnic tables, shade City of Orange Printed on 3/9/2023Page 1 of 2
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structures, landscaping, irrigation, and lighting.

The Well 28 project is eligible to receive reimbursement funding as part of the Santa Ana River Conservation and Conjunctive Use Program (SARCCUP) as well as the PFAS Treatment program initiated by the Orange County Water District (OCWD). SARCCUP is a watershed-scale collaborative program designed to improve the Santa Ana River watershed’swater supply resiliency and reliability by increasing available dry-year yield from local groundwater basins. This program will underwrite a portion of the construction costs up to $1,575,140. OCWD is in the process of reviewing the first reimbursement request for Phase 1 in the amount of $780,544.59. The City will request the remaining portion of the reimbursement once the well is up and running (May 2025).

Reimbursement for PFAS Treatment design and installation is 100% of the actual design and construction costs, currently estimated at $1,658,700. We are planning to submit for reimbursement of the $158,700 design cost this June.

The total engineering estimate for the construction phase of the project is $6,553,000. Construction is expected to begin in August 2023 and completed by May 2025.

In 2021, the City Council had adopted the project’sMitigated Negative Declaration No. 1861-18, which was prepared to evaluate the physical environmental impacts of the project in conformance with the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15070 and in conformance with the Local CEQA Guidelines. The Mitigated Negative Declaration (MND) finds that the project will have less than significant impacts to the environment, with the implementation of standard conditions and mitigation measures related to unanticipated archeological, human remains, paleontological, or tribal cultural resource finds.

7. ATTACHMENTS
· Location Map
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Agenda Item
City Council
Item #: 3.14. 3/14/2023 File #: 23-0108
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Well 28 Equipping and Public Pocket Park Construction Project (W-698) and authorization to advertise for bids.

3. RECOMMENDED ACTION
Approve the plans and specifications and authorize advertising for Bid No. 22-23.33.

4. FISCAL IMPACT
The total expenditure for this multi-year project will be funded in Well 28 Construction (18120) through Water Fund (600).

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

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

The scope of work for well equipping includes minor well rehabilitation, construction of electrical and chemical buildings, installation of a new well pump, motor, electrical transformer and panels, a sound enclosure, PFAS treatment system, piping, and other appurtenances. The pocket public park construction will include construction of CMU block screen walls with decorative metal trellis matching the surrounding existing architectural scheme, monument sign, picnic tables, shade City of Orange Printed on 3/9/2023Page 1 of 2
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structures, landscaping, irrigation, and lighting.

The total engineering estimate for the construction phase of the project is $6,553,000. Construction is expected to begin in August 2023 and completed by May 2025.

7. ATTACHMENTS
· Location Map
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LOCATION MAP
NTS

W
ELL 28
225 W. MAPLE AVE.
274
Agenda Item
City Council
Item #: 3.15. 3/14/2023 File #: 23-0168
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications and finding of CEQA exemption for HVAC Replacement at Main Library and authorization to advertise for bids.

2. SUMMARY
Plans and specifications have been completed and the project is ready to be advertised for bids. The total estimated construction cost, including contingencies and construction engineering (15%), is $550,000.

3. RECOMMENDED ACTION
Approve the plans and specifications and authorize advertising for Bid No.22-23.34 (SP-4049).

4. FISCAL IMPACT
The total expenditure for this contract is $550,000 and will be funded in HVAC Replacement - Library (30056) through:

Capital Projects (500) $283,835
Library Facility Fees (573) 270,000
TOTAL $553,835

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

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

6. DISCUSSION AND BACKGROUND
The City of Orange Public Library & History Center, located at 407 E. Chapman Avenue, was originally built as the “Main”Library in 1961 and consisted of approximately 17,000 square feet. In 1998, the Main Library was re-modeled, which included modifications to the heating, ventilation and cooling (HVAC) system such as reconfiguring ductwork and replacement of the air handling and condensing units with a “Seasons4”package system. In 2007, the Main Library was expanded to the 45,000 square feet space as it exists today. During this expansion, the building’sHVAC system was City of Orange Printed on 3/9/2023Page 1 of 2
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modified and expanded as well.

The “Seasons4”package system that was installed in 1998 consists of a custom built, multi-zone air handler with evaporator coil and gas-fire heating section, and an air-cooled condensing unit, configured in 2 modules and located in the mechanical room on the mezzanine level of the original building. As this unit is nearing the end of its service life, its performance has become inefficient and replacement parts are becoming difficult to locate and procure. As a result, controlling and maintaining comfortable interior temperatures for the library patrons and staff is becoming more and more difficult to achieve.

The City of Orange enrolled in the Southern California Regional Engergy Network (SoCalREN) in March 2014 to take advantage of no-cost services available to help the agency move energy efficiency projects from conception to completion. SoCalREN performed an audit for the Main Library on February 24, 2020. They summarized that the replacement of the HVAC unit will net significant savings over time and recommended the upgrade. Replacement of this unit was also included in the recommendations of the Facilities Condition Assessment as well. Funding for this project reflects projected energy savings related to an Energy Coalition Grant. Staff is pursuing the grant and expects to be awarded approximately $200,000. The $200,000, once received, will reimburse the City’s expenditure from Fund 500.

On September 25, 2019, the City of Orange entered into an agreement with Gevork Consulting Engineering, Inc. for the creation of a design for the HVAC replacement and upgrade of the transformer. Gevork Consulting Engineering, Inc has completed the preparation of plans and specifications. The Public Works Department has assembled the bid document, and the project is ready to be advertised. Specifications and cost estimates are available for review in the Public Works Department.

The total cost is estimated at $550,000, including a 15% construction engineering and contingency.

Upon receipt of public bids, 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 May 2023 and is expected to be completed by October 2023.

7. ATTACHMENTS
· Location Map
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Agenda Item
City Council
Item #: 3.15. 3/14/2023 File #: 23-0168
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications and finding of CEQA exemption for HVAC Replacement at Main Library and authorization to advertise for bids.

3. RECOMMENDED ACTION
Approve the plans and specifications and authorize advertising for Bid No.22-23.34 (SP-4049).

4. FISCAL IMPACT
The total expenditure for this contract is $550,000 and will be funded in HVAC Replacement - Library (30056) through:

Capital Projects (500) $283,835
Library Facility Fees (573) 270,000
TOTAL $553,835

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

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

6. DISCUSSION AND BACKGROUND
The City of Orange Public Library & History Center, located at 407 E. Chapman Avenue, was originally built as the “Main”Library in 1961 and consisted of approximately 17,000 square feet. In 1998, the Main Library was re-modeled, which included modifications to the heating, ventilation and cooling (HVAC) system such as reconfiguring ductwork and replacement of the air handling and condensing units with a “Seasons4”package system. In 2007, the Main Library was expanded to the 45,000 square feet space as it exists today. During this expansion, the building’sHVAC system was City of Orange Printed on 3/9/2023Page 1 of 2
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modified and expanded as well.

The total cost is estimated at $550,000, including a 15% construction engineering and contingency.

Upon receipt of public bids, staff will return to the City Council and recommend any funding adjustments and award of contracts based on the outcome of the public bid.

Construction is scheduled to begin in May 2023 and is expected to be completed by October 2023.

7. ATTACHMENTS
· Location Map
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HVAC Replacement at Main Library: Location Map
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
2/16/2023, 11:22:12 AM
0 0.075 0.150.0375 mi
0 0.1 0.20.05 km
1:4,514
County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design279
Agenda Item
City Council
Item #: 3.16. 3/14/2023 File #: 23-0164
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Mary E. Binning, City Attorney

1. SUBJECT
Claims for Damages.

2. SUMMARY
One claim has been received and investigated by the City Attorney’sOffice and/or the Risk Manager with the involved departments.

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

1. Mercury Insurance a/s/o Kimberly Krause

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
Claim for damages from Mercury Insurance a/s/o Kimberly Krause alleging property damage to insured’s vehicle due to a traffic collision that occurred in Huntington Beach.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.16. 3/14/2023 File #: 23-0164
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Mary E. Binning, City Attorney

1. SUBJECT
Claims for Damages.

2. SUMMARY
One claim has been received and investigated by the City Attorney’sOffice and/or the Risk Manager with the involved departments.

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

1. Mercury Insurance a/s/o Kimberly Krause

4. FISCAL IMPACT
None.

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

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.17. 3/14/2023 File #: 23-0150
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
First Amendment to Contract with Towo Enterprise, Inc., for Annual Concrete Replacement at Various Locations, Phase I.

2. SUMMARY
The City of Orange has entered into a Contract with Towo Enterprises, Inc., for the Annual Concrete Replacement at Various Locations, Phase I project (Bid No. 22-23.09). Additional locations have been added at the agreed bid unit prices in the amount of $76,665.00.

3. RECOMMENDED ACTION
Approve the First Amendment to the Contract in the amount of $76,665.00 with Towo Enterprises, Inc. for additional work; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this project is $563,000 and will be funded in CIP - Streets-Citywide Sidewalk Assessment Program (204410) and Operating expenditures through Measure M (263).

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

Goal 4: Provide outstand public service facilities and service to meet customer expectations.

6. DISCUSSION AND BACKGROUND
The City Council awarded the Annual Concrete Replacement at Various Locations, Phase I on November 15, 2022, to Towo Enterprises, Inc. The scope of work consists of replacing sidewalk displacements and lifted curb and gutter at various locations throughout the City.

The unit bid prices from Towo Enterprise, Inc., were very favorable to the City and we have the ability to increase the scope of work. As such, Staff recommends adding approximately 4,000 square feet of sidewalk, 140 linear feet of curb and gutter and 335 square feet of driveway approaches.

The original awarded contract amount for Towo Enterprises, Inc. was $486,335 including the 15% contingency. The First Amendment to the contract represents 18% increase from the original City of Orange Printed on 3/9/2023Page 1 of 2
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awarded contract amount bringing the total awarded contract amount to $563,000.

7. ATTACHMENTS
· First Amendment to Contract
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Agenda Item
City Council
Item #: 3.17. 3/14/2023 File #: 23-0150
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
First Amendment to Contract with Towo Enterprise, Inc., for Annual Concrete Replacement at Various Locations, Phase I.

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

Goal 4: Provide outstand public service facilities and service to meet customer expectations.

The original awarded contract amount for Towo Enterprises, Inc. was $486,335 including the 15% contingency. The First Amendment to the contract represents 18% increase from the original City of Orange Printed on 3/9/2023Page 1 of 2
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awarded contract amount bringing the total awarded contract amount to $563,000.

7. ATTACHMENTS
· First Amendment to Contract
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FIRST AMENDMENT
TO

CONTRACT
[Annual Concrete Replacement at Various Locations,
Phase I, FY 2022-23 (Bid No. 22-23.09)]

THIS FIRST AMENDMENT TO CONTRACT (the “First Amendment”) is made and entered into as of ______________, 2023, by and between the CITY OF ORANGE, a municipal corporation (“City”), and TOWO ENTERPRISE INC , a California corporation (“Contractor”), with reference to the following.

A. City and Contractor entered into a Contract (Agreement No. 7448) dated November 15, 2022, which is incorporated herein by this reference (the “Original Contract”); and

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

NOW, THEREFORE, the parties hereby agree as follows:

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

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

Section 3. Work Performed . The Contractor’s Proposal as referenced in Article

1.a(5) of the Original Contract is hereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference.

Section 4. Term. The time for completion of the Work as referenced in Article 2 of the Original Contract is hereby extended until June 6, 2023.

Section 5. Compensation. Article 3 of the Original Contract is hereby amended to increase the total not-to-exceed compensation for the services to be rendered by SEVENTY-SIX THOUSAND SIX HUNDRED SIXTY -FIVE DOLLARS and 00/100 ($76,665.00) and Sections

3.a and 3.c are hereby amended in their entirety to read as follows:

“a. Contractor agrees to receive and accept an amount not to exceed FOUR

HUNDRED NINETY -NINE THOUSAND FIVE HUNDRED SIXTY -FIVE
DOLLARS and 00.100 ($499,565.00) as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract.

Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen diffic ulties or 286
2 obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Ret ention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.”

“c. The total amount of compensation under this Contract, including contingencies, shall not exceed FIVE HUNDRED SIXTY -THREE THOUSAND DOLLARS and 00/100 ($563,000.00).”

Section 6. Integration. This First Amendment amends, as set forth herein, the Original Contract and, except as specifically amended hereby, the Original Contract shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Contract, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.

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

287
3 IN WITNESS of this Contract, the parties enter into this Contract on the year and day first above written.

“CONTRACTOR” “CITY”

TOWO ENTERPRISES INC, CITY OF ORANGE, a municipal corporation a California corporation

By:
*By: Daniel R. Slater, Mayor
Printed Name:

Title:

ATTEST:
*By:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning, City Attorney

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

√

288

EXHIBIT “A”

REVISED SCOPE OF WORK

[Behind this page.]
289
290
Agenda Item
City Council
Item #: 3.18. 3/14/2023 File #: 23-0151
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Final Acceptance of Bid No. 21-22.08, Annual Pipeline Renewal Project; and authorization to file Notice of Completion.

2. SUMMARY
The City of Orange entered into a contract with CEM Construction Corporation for the construction of the Annual Pipeline Renewal Project. The scope of work consisted of installation of approximately 3,000 feet of new water mains, water meters, lateral services, fire hydrants, valves, fittings, and other appurtenances in accordance with current water standards. The Project has been completed in January 2022 to the satisfaction of the Public Works Department, Water Division.

3. RECOMMENDED ACTION
Accept the Annual Pipeline Renewal Project 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 #: 3.18. 3/14/2023 File #: 23-0151
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Final Acceptance of Bid No. 21-22.08, Annual Pipeline Renewal Project; and authorization to file Notice of Completion.

3. RECOMMENDED ACTION
Accept the Annual Pipeline Renewal Project 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 “Annual Pipeline Renewal Project (Bid No. 21-22.08; W-695)” (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 March 14, 2023 at a regular meeting of its members, at which a quorum was present and acting throughout. The Contractor who performed (or caused to be performed) said public work and improvements was CEM Construction Corporation, a California corporation, with its principal office at 1412 Espanol Ave, in the City of Montebello, State of California.

The name of the surety on the Labor and Material Bond for the Project is U.S. Specialty Insurance Company (Bond# 1001140443) in the amount of $998,350.00.

DATED as of the 14th day of March 2023. CITY OF ORANGE, a municipal corporation By:

Daniel R. Slater
Mayor of the City of Orange

STATE OF CALIFORNIA

COUNTY OF ORANGE
I, Daniel R. Slater, 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 14th day of March 2023 at Orange, California.

Daniel R. Slater, Mayor of the City of Orange
I, Pamela Coleman, City Clerk for the City of Orange, hereby attest that Daniel R. Slater 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 of the City of Orange
293
Agenda Item
City Council
Item #: 3.19. 3/14/2023 File #: 23-0117
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Authorize increase to blanket purchase order for Winchester Law Enforcement Ammunition from Dooley Enterprises, Inc. as a sole source vendor.

2. SUMMARY
The cost to purchase ammunition has exceeded the original budgeted amount and requires an increase to the existing purchase order in the amount of $55,000 for an overall purchase order total of $143,000.

3. RECOMMENDED ACTION

1. Approve the increase to blanket purchase order for ammunition from Dooley’sEnterprise, Inc. in the amount of $55,000 for an overall purchase order total of $143,000.

2. Authorize the appropriation of $55,000 from the General Fund unreserved fund balance to expenditure account number 100.4011.53540.00000, General Fund - Ammunition.

4. FISCAL IMPACT
The total expenditure for the increase to the blanket purchase order is $55,000, an overall purchase order total of $143,000, and will be funded through General Fund (100).

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

6. DISCUSSION AND BACKGROUND
In May 2022, the City Council authorized the purchase of Winchester Law Enforcement ammunition from Dooley Enterprise, Inc. (Dooley’s)in the amount of $88,000 for Fiscal Year 2022-2023. The cost to purchase ammunition has exceeded the original budgeted amount and requires a change order.

The Police Department’sincreased requirements for ammunition over the last year is largely the result of increased weapons training requirements needed to support the Commission on Peace Officer Standards and Training (POST) requirements and Department Policy. To address ongoing recruiting efforts the number of Police Academy Trainees (PAT) attending the academy and frequency of each academy has increased significantly. The department is averaging 20 PATs per fiscal year and will provide the academy with approximately 2,500 rounds per trainee which equates to 50,000 rounds per year. Upon graduating from the academy, all probationary officers who carry a City of Orange Printed on 3/9/2023Page 1 of 2
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to 50,000 rounds per year. Upon graduating from the academy, all probationary officers who carry a handgun while on-duty are required to complete monthly firearms qualifications. Monthly qualifications are reduced to quarterly qualifications once probationary officers complete their probation. The department currently has approximately 25 officers in a probationary status. The department also requires that officers assigned to a special unit achieve and maintain greater proficiency in the use of specified weapons resulting in additional training. With regards to duty assault rifles, the Police Department must adhere to the POST Perishable Skills/Communications Requirement for POST Continuing Professional Training. The POST Perishable Skills Program (PSP) was implemented in 2002 and was established to certify quality law enforcement training and to ensure delivery of that training. In 2021, the PSP extended the 4-hour tactical firearms course outline to an 8-hour block which doubled the amount of ammunition per officer from 275 rounds to 550 rounds.

Due to increased costs in ammunition and increased weapons training requirements, remaining ammunition expenses exceed the annual budget amount of $88,000 and requires approval of a change order. The original purchase order (115564) amount was $88,000. This change order represents an increase of 63% or $55,000 bringing the final purchase order amount to $143,000.

Dooley’s of Anaheim, California, is the only authorized California distributor for this brand. The Council has previously authorized Dooley’s as a sole source vendor and this sole source specification is a continuation of that policy.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.19. 3/14/2023 File #: 23-0117
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Authorize increase to blanket purchase order for Winchester Law Enforcement Ammunition from Dooley Enterprises, Inc. as a sole source vendor.

3. RECOMMENDED ACTION

1. Approve the increase to blanket purchase order for ammunition from Dooley’sEnterprise, Inc. in the amount of $55,000 for an overall purchase order total of $143,000.

2. Authorize the appropriation of $55,000 from the General Fund unreserved fund balance to expenditure account number 100.4011.53540.00000, General Fund - Ammunition.

4. FISCAL IMPACT
The total expenditure for the increase to the blanket purchase order is $55,000, an overall purchase order total of $143,000, and will be funded through General Fund (100).

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

The Police Department’sincreased requirements for ammunition over the last year is largely the result of increased weapons training requirements needed to support the Commission on Peace Officer Standards and Training (POST) requirements and Department Policy. To address ongoing recruiting efforts the number of Police Academy Trainees (PAT) attending the academy and frequency of each academy has increased significantly. The department is averaging 20 PATs per fiscal year and will provide the academy with approximately 2,500 rounds per trainee which equates to 50,000 rounds per year. Upon graduating from the academy, all probationary officers who carry a City of Orange Printed on 3/9/2023Page 1 of 2
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Item #: 3.19. 3/14/2023 File #: 23-0117
to 50,000 rounds per year. Upon graduating from the academy, all probationary officers who carry a handgun while on-duty are required to complete monthly firearms qualifications. Monthly qualifications are reduced to quarterly qualifications once probationary officers complete their probation. The department currently has approximately 25 officers in a probationary status. The department also requires that officers assigned to a special unit achieve and maintain greater proficiency in the use of specified weapons resulting in additional training. With regards to duty assault rifles, the Police Department must adhere to the POST Perishable Skills/Communications Requirement for POST Continuing Professional Training. The POST Perishable Skills Program (PSP) was implemented in 2002 and was established to certify quality law enforcement training and to ensure delivery of that training. In 2021, the PSP extended the 4-hour tactical firearms course outline to an 8-hour block which doubled the amount of ammunition per officer from 275 rounds to 550 rounds.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.20. 3/14/2023 File #: 23-0118
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Authorize continued rental services for a mobile laundry facility with Mobile Concepts, Inc. dba U.S.

Mobile Kitchens for the 517 W. Struck Transition Plan.

2. SUMMARY
Request for City Council to authorize an increase of $16,200 to an existing purchase order with Mobile Concepts, Inc. dba U.S. Mobile Kitchens bringing the total purchase order amount to $107,389.

3. RECOMMENDED ACTION
Approve an increase to a blanket purchase order for a total of $107,389 with Mobile Concepts, Inc. dba U.S. Mobile Kitchens for core service facility rentals.

4. FISCAL IMPACT
The total expenditure for this purchase order is $107,389 and will be funded through the Community Development Block Grant (310).

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

6. DISCUSSION AND BACKGROUND
In preparation of Mary’sKitchen vacating the property located at 517 W. Struck, the City developed and implemented a plan to provide services for one year for its unhoused community. In collaboration with local nonprofit organizations, specifically the HUB OC and Abound Food Care, food services, mail pick-up, showers, restroom facilities, and laundry services have been provided on site.

In June 2022, the City Council approved a purchase order (PO) in the amount of $83,000 with Mobile Concepts, Inc. dba U.S. Mobile Kitchens (U.S. Mobile Kitchens) to rent a laundry trailer to provide laundry services. At the time of approval, the City was offering all services on Struck Ave. and not on the 517 W. Struck property. Additionally, the original PO amount was approved based on a monthly billing cycle.

When planning to move off the street and onto the 517 W. Struck location, staff worked with U.S.

Mobile Kitchens to secure a mobile kitchen rental for food services. However, this option proved to be an inadequate solution to the food requirements as site preparation began and the City faced City of Orange Printed on 3/9/2023Page 1 of 2
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Item #: 3.20. 3/14/2023 File #: 23-0118
an inadequate solution to the food requirements as site preparation began and the City faced unforeseen conditions. Therefore, staff canceled the kitchen rental and incurred a cost of $8,189 due to the cancellation. In December 2022 the City Manager approved a change order to cover the cancellation fee, bringing the PO total to $91,189.

Beyond the incurred cost of the trailer cancellation, additional expenses are anticipated due the vendor’sbilling cycle. Rather than billing on a monthly basis, the vendor bills on a weekly basis. The original PO accounted for 48 weeks of billing (12 months x 4 weeks); however, for one full year of services, the PO needs to account for 52 weeks of service. Therefore, as City Manager signing approval has been exhausted, staff is requesting that the City Council approve an additional $16,200 be added to the PO to complete a full year of service, plus an additional month of services in the event that the laundry trailer is required on site longer. Should that not happen, the City would not expend these funds. Staff is requesting the City Council approve an additional $16,200 to the existing PO, bringing the total blanket PO amount to $107,389.

At its April 12, 2022, meeting, the City Council appropriated $746,884.76 in Community Development Block Grant (310) funding for the transition plan. This expense will be funded through this appropriation.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.20. 3/14/2023 File #: 23-0118
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Authorize continued rental services for a mobile laundry facility with Mobile Concepts, Inc. dba U.S.

Mobile Kitchens for the 517 W. Struck Transition Plan.

3. RECOMMENDED ACTION
Approve an increase to a blanket purchase order for a total of $107,389 with Mobile Concepts, Inc. dba U.S. Mobile Kitchens for core service facility rentals.

4. FISCAL IMPACT
The total expenditure for this purchase order is $107,389 and will be funded through the Community Development Block Grant (310).

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

When planning to move off the street and onto the 517 W. Struck location, staff worked with U.S.

Mobile Kitchens to secure a mobile kitchen rental for food services. However, this option proved to be an inadequate solution to the food requirements as site preparation began and the City faced City of Orange Printed on 3/9/2023Page 1 of 2
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Item #: 3.20. 3/14/2023 File #: 23-0118
an inadequate solution to the food requirements as site preparation began and the City faced unforeseen conditions. Therefore, staff canceled the kitchen rental and incurred a cost of $8,189 due to the cancellation. In December 2022 the City Manager approved a change order to cover the cancellation fee, bringing the PO total to $91,189.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.21. 3/14/2023 File #: 23-0158
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Jeffrey S. Adams, Interim Community Development Director

1. SUBJECT
Resolution No. 11438 denying Appeal No. 0561-22 and upholding Design Review Committee approval of Design Review No. 5077-22; a proposal to construct a new duplex unit at the rear of an existing single-family dwelling on a property zoned Duplex Residential at 529 S. Grand Street and finding of CEQA exemption.

2. SUMMARY
On February 14, 2023, the City Council denied Appeal No. 0561-22, upholding the Design Review Committee approval of Design Review No. 5077-22, a request to construct a new 1,102-square-foot duplex unit with an attached 227-square-foot garage (1,329 square feet total) at the rear yard of an existing single-family dwelling that is a contributor to the Old Towne Historic District. The subject Resolution formalizes the City Council action.

3. RECOMMENDED ACTION
Adopt Resolution No. 11438. A Resolution of the City Council of the City of Orange denying Appeal No. 0561-22 and approving Design Review No. 5077-22 to construct a new duplex unit located at 529 S. Grand Street.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community c: Support and enhance attractive, diverse living environments.

Goal 5: Recognize, promote, and preserve Orange's rich heritage b: Expand and strengthen processes and practices related to protection and cultural resources.

6. DISCUSSION AND BACKGROUND
On October 15, 2022, the Design Review Committee approved Design Review No. 5077-22 for construction of a new detached duplex unit on a property developed with a historic single-family residence. This action was appealed to the Planning Commission on October 20, 2022, under Appeal No. 0560-22. On December 5, 2022, the Planning Commission upheld the Design Review Committee approval. The Planning Commission’saction was then appealed to the City Council on December 16, 2022, under Appeal No. 0561-22. The City Council conducted a public hearing on February 14, 2023, taking action to deny the appeal and uphold the Design Review Committee’s City of Orange Printed on 3/9/2023Page 1 of 2
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February 14, 2023, taking action to deny the appeal and uphold the Design Review Committee’s approval of the project.

7. ENVIRONMENTAL REVIEW
Categorical Exemption: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guideline 15303 (Class 3 - New Construction), because it consists of construction of a new duplex residential unit resulting in a total number of units below the maximum allowable in the Low Medium Density Residential General Plan land use designation (6-15 dwelling units per acre) and Duplex Residential (R-2-6) zoning district, and is in an area where public facilities and services are available. No public review is required.

8. ATTACHMENT
· Resolution No. 11438
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Agenda Item
City Council
Item #: 3.21. 3/14/2023 File #: 23-0158
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Jeffrey S. Adams, Interim Community Development Director

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community c: Support and enhance attractive, diverse living environments.

Goal 5: Recognize, promote, and preserve Orange's rich heritage b: Expand and strengthen processes and practices related to protection and cultural resources.

6. DISCUSSION AND BACKGROUND
On October 15, 2022, the Design Review Committee approved Design Review No. 5077-22 for construction of a new detached duplex unit on a property developed with a historic single-family residence. This action was appealed to the Planning Commission on October 20, 2022, under Appeal No. 0560-22. On December 5, 2022, the Planning Commission upheld the Design Review Committee approval. The Planning Commission’saction was then appealed to the City Council on December 16, 2022, under Appeal No. 0561-22. The City Council conducted a public hearing on February 14, 2023, taking action to deny the appeal and uphold the Design Review Committee’s City of Orange Printed on 3/9/2023Page 1 of 2
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February 14, 2023, taking action to deny the appeal and uphold the Design Review Committee’s approval of the project.

8. ATTACHMENT
· Resolution No. 11438
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RESOLUTION NO. 11438

A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE DENYING APPEAL NO.
0561-22 AND APPROVING DESIGN REVIEW NO.
5077-22 TO CONSTRUCT A NEW DUPLEX UNIT
LOCATED AT 529 S. GRAND STREET

APPLICANT: WILLIAM DUNSTON, DSEA, INC.

WHEREAS, Design Review No. 5077-22 was filed by William Dunston, DSEA, Inc. for the construction of a 1,102 sq. ft. duplex with an attached 227 sq. ft. garage at 529 S. Grand Street in accordance with the provisions of the OMC; and

WHEREAS, Design Review No. 5077-22 was processed in the time and manner prescribed by state and local law; and

WHEREAS, on October 5, 2022, the Design Review Committee reviewed Design Review No. 5077-22 and approved the application subject to conditions and findings; and

WHEREAS, on October 20, 2022, Appeal No. 0560-22 was filed, appealing the Design Review Committee’s approval of the project to the Planning Commission; and

WHEREAS, on December 5, 2022, the Planning Commission considered the staff report and backup documentation, the grounds for the appeal and accepted public testimony at a public hearing, denied Appeal No. 0560-22, and upheld the Design Review Committee’s approval of the project; and

WHEREAS, on December 16 , 202 3, Appeal No. 056 1-22 was filed, appealing the Planning Commission’s approval of the project to the City Council; and

WHEREAS, on February 14, 2023, the City Council considered the staff report and backup documentation, the grounds for the appeal, and accepted public testimony at a public hearing.

NOW, THEREFORE, BE IT RESOLVED that the City Council denies Appeal No. 0561-22 and approves Design Review No. 5077-22 to construct a new 1,102 sq. ft. duplex with an attached 227 sq. ft. garage located at 529 S. Grand Street. The denial of the Appeal and approval of the project are based on the following findings:

SECTION 1 – FINDINGS

Design Review

1. In the Old Towne Historic District, the proposed work conforms to the prescriptive standards and design criteria referenced and/or recommended by the DRC or other reviewing body for the project (OMC 17.10.070.G.1).
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2 The proposed project is in conformance with the Historic Preservation Design Standards for Old Towne, which are the prescriptive design criteria for projects within the Old Towne Historic District. The second unit is compatible with the mass, scale, and setbacks of the existing building, and the roof forms are consistent with the surrounding houses in the neighborhood. The second unit would be minimally visible from the street and will not affect the appearance of the historic district. Traditional building materials in the windows are used and compatible with the historic district. The new unit is subtly differentiated from the original primary residence by its slab on grade construction, fiber cement siding, and vertical gable roof vent detail.

2. In any National Register Historic District, the proposed work complies with the Secretary of the Interior’s standards and guidelines (OMC 17.10.070.G.2).

3. The project design upholds community aesthetics thr ough the use of an internally consistent, integrated design theme and is consistent with all adopted specific plans, applicable design standards, and their required findings (OMC 17.10.070.F.3).

Projects located in the Old Towne Historic District must comp ly with the Historic Preservation Design Standards for Old Towne. As described above, the proposed work conforms with these design standards. The architecture, scale and massing of the proposed unit facilitates the integration of the new unit with the ori ginal residence and overall site.

The roof forms, fenestration, and materials are also compatible with the historic residence and garage. The project is not located in a specific plan area.

There is no specific plan or applicable design standards applicable to this property.

4. For infill residential development, as specified in the City of Orange Infill Residential Design Guidelines, the new structure(s) or addition are compatible with the scale, massing, orientation, and articulation of the surrounding development and will preserve or enhance existing neighborhood character (OMC 17.10.070.G.4).

The new duplex unit is minimally visible from the street and is compatible with the scale of surrounding development. It is subordinate to the existing historic bu ilding and would continue to maintain a generally low FAR for the property compared to the adjacent buildings in the vicinity. The scale and massing of the structure, combined with the roof plan and fenestration are consistent with surrounding neighborhood character.

SECTION 2 – ENVIRONMENTAL REVIEW

Categorical Exemption: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15303 (Class 3 – New Construction), because it consists of construction of a new duplex residential unit result ing in a total number of units below the maximum allowable in the Low Medium Density Residential General Plan land use designation (6 -15 dwelling units per acre) and Duplex Residential (R -2-6) zoning district, and is in an area where public facilities and services are available.

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3 SECTION 3– CONDITIONS OF APPROVAL

BE IT FURTHER RESOLVED that the following conditions are imposed with the recommendation of approval:

1. This project is approved as a precise plan. All work shall conform in substance and be maintained in general conformance with the plans (attached to the DRC staff report dated October 5, 2022 , and in the project case file), including modifications required by the conditions of approval, and as recommended for approval by the Design Review Committee. Any changes from the approved plans shall be subject to subsequent review and approval by the Design Review Committee.

2. After any application has been approved, if changes are proposed regarding the location or alteration of any use or structure, a changed plan may be submitted to the Community Development Director for approval. If the Community Development Director determines that the proposed change complies wit h the provisions and the spirit and intent of the approval action, and that the action would have been the same for the changed plan as for the approved plan, the Community Development Director may approve the changed plan without requiring a new public meeting.

3. The applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents and employees from any and all liability or claims that may be brought against the City arising out of its approval of this permit, save and except that caus ed by the City’s active negligence.

4. The applicant shall comply with all federal, state, and local laws, including all City regulations. Violation of any of those laws in connection with the use may be cause for revocation of this permit.

5. The final approved conditions of approval shall be reprinted on the first or second page of the construction documents when submitting to the Building Division for the plan check process.

6. Construction permits shall be obtained for all future construction work, as required by the City of Orange, Public Works Department’s Building Division. Failure to obtain the required building permits will be cause for revocation of this permit.

7. If not utilized, project approval expires 24 months from the approval date. Extensions of time may be granted in accordance with OMC Section 17.08.060.

ADOPTED this day of , 2023

Jon Dumitru, Councilmember, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange
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4 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

RECUSED: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

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Agenda Item
City Council
Item #: 6.1. 3/14/2023 File #: 23-0159

1. SUBJECT
Appointment(s) to various City Boards, Commissions, and Committees.

2. SUMMARY
With the adoption of Resolution No. 11432 at the February 14, 2023, City Council meeting, the number of members of each specified City Board, Commission, and Committee was increased to seven members to commensurate with the recent increase in City Council membership to seven.

Councilmembers have presented Mayor Slater with various nominations which are hereby submitted to the entire City Council for approval.

A Notice of Vacancy was posted for newly created positions on February 15, 2023, in accordance with the Maddy Act, Government Code Section 54974.

3. RECOMMENDED ACTION
Confirm Mayor Slater’s recommendation to appoint Chrissy Vaughn and Brendon Moeller to the CDBG Program Committee for two-year terms respectively ending June 30, 2025; Robert Grosse and Greg Ledesma to the Design Review Committee for four-year terms respectively ending June 30, 2027; Chris Horton to the Investment and Audit Committee for a two-year term ending on June 30, 2025; Erika de Vries and James Kushon to the Park Planning and Community Events Commission to fill unexpired terms ending June 30, 2025; Alison Martin to the Planning Commission to fill an unexpired term ending June 30, 2025; Ruby Maldonado and Shannon Tucker to the Planning Commission for four-year terms respectively ending on June 30, 2027; Tim McCormack to the Planning Commission to fill a scheduled vacancy effective July 1, 2023, for a four-year term ending June 30, 2027; Joseph Barbeito, Matt Hamilton, and Derek Tran to the Traffic Commission for four-year terms respectively ending June 30, 2027; and Seimone Jurjis to the Traffic Commission to fill a scheduled vacancy effective July 1, 2023, for a four-year term ending June 30, 2027.

4. ATTACHMENTS
· None
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City Council
Item #: 6.1. 3/14/2023 File #: 23-0159

1. SUBJECT
Appointment(s) to various City Boards, Commissions, and Committees.

Councilmembers have presented Mayor Slater with various nominations which are hereby submitted to the entire City Council for approval.

A Notice of Vacancy was posted for newly created positions on February 15, 2023, in accordance with the Maddy Act, Government Code Section 54974.

4. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 7.1. 3/14/2023 File #: 23-0160
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Request for permit parking on both sides of Sycamore Avenue between Rancho Santiago Boulevard and Richard Street. Resolution No. 11439.

2. SUMMARY
Sycamore Avenue between Rancho Santiago Boulevard and Richard Street meets the City’s requirements for permit parking implementation. Permit parking has been approved by the City Traffic Commission. If the City Council grants final approval, it would be designated as permit parking Area “Z.”

3. RECOMMENDED ACTION

1. Approve permit parking on both sides of Sycamore Avenue between Rancho Santiago Boulevard and Richard Street.

4. FISCAL IMPACT
The total expenditure for the project is $1,000 and will be funded in Minor Traffic Control Devices (16302) through Traffic Improvement 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
The City’s Neighborhood Permit Parking Program (NPPP) provides a mechanism for protecting residential streets from commercial parking overflow. Under the City’sNPPP guidelines, a request for permit parking may be initiated by a resident in an affected neighborhood.

A resident of Sycamore Avenue submitted a request to initiate the process for permit parking on a total of five streets in the neighborhood (as depicted in the Area Map attached): Sycamore Avenue, Christine Street, Silverleaf Avenue, Richard Street and Rancho Santiago Boulevard. In accordance with NPPP procedures, staff performed an initial screening of the proposed study area to determine City of Orange Printed on 3/9/2023Page 1 of 3
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the following:

1. Whether a street is eligible to be considered for permit parking; and

2. If so, does said street lie within a city-defined permit parking area (Area “A”or any of the five- permit parking “opportunity areas”) with streamlined procedures.

Because each of the above streets is eligible for permit parking and outside of a city-defined permit parking area, minimum levels of parking occupancy and property owner support must be met in order to recommend permit parking. Both are discussed below.

Parking Occupancy
Staff mapped and counted the number of legal parking spaces for each of the five streets in the study area. The proponent provided staff with the days and times when parking demand in the neighborhood was believed to be at its highest. Staff then conducted the parking observations during those reported hours. Per the City’s adopted NPPP, a street parking occupancy rate of 75% is required to qualify for permit parking. Sycamore Avenue was the only street in the neighborhood to exceed the 75% threshold with an average parking occupancy of 86%. Christine Street (28%), Richard Street (58%) Silverleaf Avenue (42%) and Rancho Santiago Boulevard (58%) each failed to meet the 75% threshold.

Petition Results
Because parking occupancy exceeded the minimum 75% threshold only on Sycamore Avenue, a petition was circulated to those residents on both sides of the street (the other four streets were excluded because occupancy requirements were not satisfied). The table below shows the results of the neighborhood polling.

Affected Streets Households In Favor Households OpposedUnreturned Sycamore Ave. 9 81.8% 0 0% 2 18.2%
The final results of the petition indicate that 82% of property owners on Sycamore Avenue are in favor of the permit parking program, exceeding the minimum 75% required.

CTC Approval
Sycamore Avenue has satisfied all of the NPPP requirements for permit parking. The proposal was presented to and approved by the City Traffic Commission (CTC) at their February regular meeting.

During the meeting, the CTC received input from several residents, most of whom were generally or conditionally supportive of permit parking in the neighborhood. Some residents from nearby Richard Street did inquire as to why their street was not included in the petition process, to which staff explained there was insufficient parking demand at this time. Said residents were then informed that the current NPPP guidelines contain a spillover relief provision that allows for affected property owners on adjacent streets to request permit parking at no fee within one year of permit parking being implemented on Sycamore Avenue (parking occupancy, petition thresholds, and other program requirements in effect at the time would apply.)
Summary
Based on the above, staff recommends approving permit parking on both sides of Sycamore Avenue between Rancho Santiago Boulevard and Richard Street. This would be designated as Area “Z”, City of Orange Printed on 3/9/2023Page 2 of 3
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between Rancho Santiago Boulevard and Richard Street. This would be designated as Area “Z”, which would be a stand-alone permit parking area.

If approved for implementation, the Orange Police Department will issue the permits for eligible households. While participation in the permit program is voluntary, any vehicle parked on the street without a permit would be subject to citation.

7. ATTACHMENTS
· NPPP Policy, August 2022
· Resolution No. 11439
· Area Map for Permit Area “Z”
· February 8, 2023, CTC Staff Report
· February 8, 2023, CTC minutes
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314
Agenda Item
City Council
Item #: 7.1. 3/14/2023 File #: 23-0160
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Request for permit parking on both sides of Sycamore Avenue between Rancho Santiago Boulevard and Richard Street. Resolution No. 11439.

3. RECOMMENDED ACTION

1. Approve permit parking on both sides of Sycamore Avenue between Rancho Santiago Boulevard and Richard Street.

4. FISCAL IMPACT
The total expenditure for the project is $1,000 and will be funded in Minor Traffic Control Devices (16302) through Traffic Improvement 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.

A resident of Sycamore Avenue submitted a request to initiate the process for permit parking on a total of five streets in the neighborhood (as depicted in the Area Map attached): Sycamore Avenue, Christine Street, Silverleaf Avenue, Richard Street and Rancho Santiago Boulevard. In accordance with NPPP procedures, staff performed an initial screening of the proposed study area to determine City of Orange Printed on 3/9/2023Page 1 of 3
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the following:

1. Whether a street is eligible to be considered for permit parking; and

2. If so, does said street lie within a city-defined permit parking area (Area “A”or any of the five- permit parking “opportunity areas”) with streamlined procedures.

During the meeting, the CTC received input from several residents, most of whom were generally or conditionally supportive of permit parking in the neighborhood. Some residents from nearby Richard Street did inquire as to why their street was not included in the petition process, to which staff explained there was insufficient parking demand at this time. Said residents were then informed that the current NPPP guidelines contain a spillover relief provision that allows for affected property owners on adjacent streets to request permit parking at no fee within one year of permit parking being implemented on Sycamore Avenue (parking occupancy, petition thresholds, and other program requirements in effect at the time would apply.)
Summary
Based on the above, staff recommends approving permit parking on both sides of Sycamore Avenue between Rancho Santiago Boulevard and Richard Street. This would be designated as Area “Z”, City of Orange Printed on 3/9/2023Page 2 of 3
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between Rancho Santiago Boulevard and Richard Street. This would be designated as Area “Z”, which would be a stand-alone permit parking area.

Orange City CouncilMarch 14, 2023

Orange City Council
March 14, 2023