Agenda packet — Orange City Council, April 11, 2023 (part 2 of 14)

ATTACHMENT NO. 1

CALIFORNIA LABOR CODE
SECTIONS 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 Section 1725.5. Registration of contractors; mandatory registration; qualifications and application; fees; exempt contractors
A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by Section 1722.1. (a) To qualify for registration under this section, a contractor shall do all of the following:
(1)(A) Register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3. (B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual increments up to three years from the date of registration. Contractors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section.

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

Section 1771. Payment of general prevailing rate
Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.

This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. 170
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Section 1771.1. Registration as a contractor or subcontractor required prior to bid submission; exceptions; violations; penalties
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) 171
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for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 172
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(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Section 1771.4. Additional requirements when bidding and awarding public works contracts (a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
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(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:
(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011.
(2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages. (c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015.
(d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016.

Section 1775. Penalties for violations
(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
(B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor 174
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or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. (c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.

Section 1776. Payroll records; retention; inspection; redacted information; agencies entitled to receive nonredacted copies of certified records; noncompliance penalties; rules (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. 175
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(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor.
(c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.

The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labormanagement committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. 176
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(2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.
(g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
(h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(j) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.

Section 1777.5. Employment of registered apprentices; wages; standards; number; apprenticeable craft or trade; exemptions; contributions; compliance program (a)(1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 177
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apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the California Apprenticeship Council. (d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o).
(e) Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.

The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator 178
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of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2)(A) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows:
179
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(i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship and preapprenticeship standards and requirements under this code. (B) An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the apprenticeship program agrees, prior to the receipt of any grant funds, to keep adequate records that document the expenditure of grant funds and to make all records available to the Department of Industrial Relations so that the Department of Industrial Relations is able to verify that grant funds were used solely for training apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices, receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Department of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this subdivision.
(C) The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds are expended or if an apprenticeship program is found to be using grant funds for purposes other than training apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of the apprenticeship program.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director.

Section 1813. Forfeiture for violations; contract stipulation; report of violations The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of 180
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the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement.

Section 1815. Overtime
Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
181
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ATTACHMENT NO. 2
CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204
Section 9204. Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process (Eff: January 1, 2017) (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 182
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(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 183
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(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 184
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202
Agenda Item
City Council
Item #: 3.12. 4/11/2023 File #: 23-0218
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to Ramona, Inc. for the Annual Sewer Replacement/Maintenance Fiscal Year 2022 -2023 Project, Bid No. 22-23.20; and finding of CEQA exemption.

2. SUMMARY
Bids for the Annual Sewer Replacement/Maintenance Fiscal Year 2022-2023 (S-247) were received and opened on March 2, 2023. Seven bidders responded to the notice inviting bids. The apparent low bidder is, Ramona, Inc. of Baldwin Park, CA in the amount of $2,747,450. Due to budget constraints, Public Works staff removed three bid items from the scope of work to reduce the cost of the project.

The adjusted cost of the bid by Ramona, Inc. is $2,487,250.

3. RECOMMENDED ACTION

1. Authorize the transfer of $400,000 from 220.5011.56340.30166 Cambridge St Infrastructure Improvement to expenditure account number 220.5011.56200.15508, Sewer Line Maintenance/Replacement.

2. Award the contract to Ramona, Inc. in the amount of $2,487,250, for Annual Sewer Replacement/Maintenance Fiscal Year 2022-2023 and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this contract is $2,487,250 and will be funded through Sewer Line Maintenance/Replacement (15508):

Sewer Construction (520) $2,212,000
Sanitation & Sewer (220) 400,000
Total: $2,612,000

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations

6. DISCUSSION AND BACKGROUND
The Annual Sewer Replacement/Maintenance Fiscal Year 2022-2023 is designed to upgrade the City’s aging sewer infrastructure by replacing pipes that are structurally deficient, improving pipeline City of Orange Page 1 of 2 Printed on 4/5/2023 powered by Legistar™203
Item #: 3.12. 4/11/2023 File #: 23-0218
City’s aging sewer infrastructure by replacing pipes that are structurally deficient, improving pipeline capacity, and minimizing maintenance issues. This project will consist of sewer line maintenance funded by the Sewer Construction Fund.

This project will replace/upsize approximately 6,550 linear feet of existing 6” vitrified clay pipe (VCP) with 8” VCP.

The City Council previously approved advertisement for bids on January 10, 2023. The bid solicitation was advertised on February 2, 2023 for a period of four weeks and bids were opened on March 2, 2023. Seven bids were received as follows:

1. Ramona, Inc., Baldwin Park $2,747,450

2. Big Ben Engineering, Inc., Irvine $2,828,300

3. PAPP, Inc. dba Excel Paving, Long Beach $2,865,950

4. Clarke Contracting Corporation, Lawndale $2,892,450

5. Bonadiman Water, Inc., Riverside $2,939,900

6. MNR Construction, Inc., La Verne $4,430,650

7. L&S Construction, Inc., Orange $5,768,450
The low bid is about 13.6% higher than the Engineer’s Estimate. Construction costs have continued the upward trend this year which may account for the higher than estimated construction costs. To keep the project within budget, Public Works staff has negotiated with Ramona, Inc. to remove three bid items from the scope of work that account for $260,000. After award, the remaining project budget will be used for construction management cost.

Staff checked the references and qualifications for Ramona, Inc. and found them to be acceptable, with adequate years of experience in completing contracts of similar size and scope to this project.

Therefore, staff recommends that Ramona, Inc. be awarded the contract in the amount of $2,487,250 for the Annual Sewer Replacement/Maintenance project, Fiscal Year 2022-2023.

Construction is scheduled to begin June 2022 and is expected to be completed within 120 calendar days.

7. ENVIRONMENTAL REVIEW
Categorical Exemption: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1 (b)) because the project involves the upgrade and/or replacement of existing sewer lines to address an existing capacity deficiency that is identified in the City’s approved Sewer Master Plan. No public review is required. The Notice of Exemption has been filed with the County Recorder’s Office.

8. ATTACHMENTS
· Bid Abstract
· Contract Agreement
City of Orange Page 2 of 2 Printed on 4/5/2023
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Agenda Item
City Council
Item #: 3.12. 4/11/2023 File #: 23-0218
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to Ramona, Inc. for the Annual Sewer Replacement/Maintenance Fiscal Year 2022 -2023 Project, Bid No. 22-23.20; and finding of CEQA exemption.

The adjusted cost of the bid by Ramona, Inc. is $2,487,250.

3. RECOMMENDED ACTION

1. Authorize the transfer of $400,000 from 220.5011.56340.30166 Cambridge St Infrastructure Improvement to expenditure account number 220.5011.56200.15508, Sewer Line Maintenance/Replacement.

4. FISCAL IMPACT
The total expenditure for this contract is $2,487,250 and will be funded through Sewer Line Maintenance/Replacement (15508):

Sewer Construction (520) $2,212,000
Sanitation & Sewer (220) 400,000
Total: $2,612,000

6. DISCUSSION AND BACKGROUND
The Annual Sewer Replacement/Maintenance Fiscal Year 2022-2023 is designed to upgrade the City’s aging sewer infrastructure by replacing pipes that are structurally deficient, improving pipeline City of Orange Page 1 of 2 Printed on 4/5/2023 powered by Legistar™205
Item #: 3.12. 4/11/2023 File #: 23-0218
City’s aging sewer infrastructure by replacing pipes that are structurally deficient, improving pipeline capacity, and minimizing maintenance issues. This project will consist of sewer line maintenance funded by the Sewer Construction Fund.

This project will replace/upsize approximately 6,550 linear feet of existing 6” vitrified clay pipe (VCP) with 8” VCP.

1. Ramona, Inc., Baldwin Park $2,747,450

2. Big Ben Engineering, Inc., Irvine $2,828,300

3. PAPP, Inc. dba Excel Paving, Long Beach $2,865,950

4. Clarke Contracting Corporation, Lawndale $2,892,450

5. Bonadiman Water, Inc., Riverside $2,939,900

6. MNR Construction, Inc., La Verne $4,430,650

Staff checked the references and qualifications for Ramona, Inc. and found them to be acceptable, with adequate years of experience in completing contracts of similar size and scope to this project.

Therefore, staff recommends that Ramona, Inc. be awarded the contract in the amount of $2,487,250 for the Annual Sewer Replacement/Maintenance project, Fiscal Year 2022-2023.

Construction is scheduled to begin June 2022 and is expected to be completed within 120 calendar days.

8. ATTACHMENTS
· Bid Abstract
· Contract Agreement
City of Orange Page 2 of 2 Printed on 4/5/2023
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City of Orange: Summary of Bid Abstracts for:
1 2 3 4 5 6 7
Bid No. 22-23.20; Project No. S-247
Date of Bid Opening: 3/2/2023
Tel. No. (626) 355-1350 Tel. No. (949) 660-9400 Tel. No. (562) 599-5841 Tel. No. (310) 542-7724 Tel. No. (951) 657-0200 Tel. No. (909) 592-2760 Tel. No. (714) 528-3232 NO. DESCRIPTION OF WORK QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Remove Exisitng Sewer and Construct 8"
VCP Sewer Main With Bedding and
Backfill per City Std 327 (Class II) and
Specifications.
6,550 LF $ 270.00 $1,768,500.00 $310.00 $2,030,500.00 $305.00 $1,997,750.00 $327.00 $2,141,850.00 $317.00 $2,076,350.00 $315.00 $2,063,250.00 $490.00 $3,209,500.00 $675.00 $4,421,250.00 2 Remodel Existing Sewer Manhole Base
per City Std 201 and APWA Std 208-2
22 EA $ 4,000.00 $88,000.00 $3,000.00 $66,000.00 $5,500.00 $121,000.00 $6,000.00 $132,000.00 $2,500.00 $55,000.00 $4,000.00 $88,000.00 $7,500.00 $165,000.00 $7,850.00 $172,700.00 3 Locate Existing Sewer Lateral and Connect
to New VCP Sewer Main with Bedding and
Backfill (Class II) per City Std 206, 324, and
327
195 EA $ 850.00 $165,750.00 $650.00 $126,750.00 $1,150.00 $224,250.00 $800.00 $156,000.00 $1,500.00 $292,500.00 $1,500.00 $292,500.00 $900.00 $175,500.00 $1,950.00 $380,250.00 4 Adjust Existing Manhole Frame & Cover
To Grade and Construct Concrete Collar
per City Std. 407 and 408
15 EA $ 2,500.00 $37,500.00 $2,500.00 $37,500.00 $1,750.00 $26,250.00 $1,400.00 $21,000.00 $1,500.00 $22,500.00 $800.00 $12,000.00 $3,500.00 $52,500.00 $900.00 $13,500.00 5 Remove Existing Sewer Manhole and
Construct New Sewer Manhole per City
Std 201, 407, and 408. Inclusive of
Removal, Disposal and Trench Repair per
City of Orange Std 125
EA 8 $ 10,000.00 $80,000.00 $15,000.00 $120,000.00 $15,000.00 $120,000.00 $11,500.00 $92,000.00 $18,000.00 $144,000.00 $14,000.00 $112,000.00 $30,000.00 $240,000.00 $16,800.00 $134,400.00 6 Remove Existing Sewer Manhole.

Inclusive of Removal, Disposal, and Trench
Repair per City of Orange STD 125
EA 1 $ 7,500.00 $7,500.00 $9,000.00 $9,000.00 $7,500.00 $7,500.00 $4,100.00 $4,100.00 $11,000.00 $11,000.00 $4,000.00 $4,000.00 $12,000.00 $12,000.00 $7,200.00 $7,200.00 7 Construct Trenchless Rehabilitation of
Existing 11”x 18” CMP Storm Drain by
Cure-in-Place Pipe Liner, Including
Breaking in to Existing Storm Drain,
Restoring Existing Improvements,
Cleaning, Pre & Post CCTV Inspection,
Bypassing and Testing. See Sheet 15
LS 1 $ 35,000.00 $35,000.00 $30,000.00 $30,000.00 $50,000.00 $50,000.00 $48,200.00 $48,200.00 $48,000.00 $48,000.00 $45,000.00 $45,000.00 $67,000.00 $67,000.00 $65,000.00 $65,000.00 8 Remove Existing 4” PVC and Install 6”
Schedule 80 PVC Storm Drain Pipe With
Bedding and Backfill Per City of Orange
STD 327, Class II, and Construct Trench
Repair Per City of Orange STD 125 With
Full-Depth AC Over Compacted Backfill
1010 LF 150 151500 220 222200 $155.00 $156,550.00 $150.00 $151,500.00 $130.00 $131,300.00 $215.00 $217,150.00 $300.00 $303,000.00 $385.00 $388,850.00 9 Remove Existing Clean Out and Construct
New Clean Out
8 EA 2500 20000 3500 28000 $2,000.00 $16,000.00 $2,500.00 $20,000.00 $1,500.00 $12,000.00 $3,000.00 $24,000.00 $2,500.00 $20,000.00 $1,600.00 $12,800.00 10 Remodel Existing Storm Drain Inlet Wall
and Base As Required To Incorporate
Upsized Pipe Per City of Orange STD 201
and SPPWC STD 208-2
2 EA 3000 6000 5000 10000 $3,500.00 $7,000.00 $5,200.00 $10,400.00 $900.00 $1,800.00 $2,000.00 $4,000.00 $14,000.00 $28,000.00 $12,000.00 $24,000.00 11 Construct Trenchless Rehabilitation of
Existing 18” x 29” C.M.P. Storm Drain by
Cure-in-Place Pipe Liner, Including
Breaking in to Existing Storm Drain,
Restoring Existing Improvements,
Cleaning, Pre & Post CCTV Inspection,
Bypassing and Testing. See Sheet 17
LS 1 $ 50,000.00 $50,000.00 $60,000.00 $60,000.00 $90,000.00 $90,000.00 $64,000.00 $64,000.00 $89,000.00 $89,000.00 $75,000.00 $75,000.00 $98,150.00 $98,150.00 $120,000.00 $120,000.00 12 Furnish and Install 18” x 29” C.M.P. Storm
Drain with Bedding and Backfill per City
STD 125 and 327 (Class II). See Sheet 17
30 LF $ 250.00 $7,500.00 $250.00 $7,500.00 $400.00 $12,000.00 $830.00 $24,900.00 $300.00 $9,000.00 $100.00 $3,000.00 $2,000.00 $60,000.00 $950.00 $28,500.00 $2,417,250.00 $2,747,450.00 $2,828,300.00 $2,865,950.00 $2,892,450.00 $2,939,900.00 $4,430,650.00 $5,768,450.00 Adjusted Low Bid Total $2,487,450.00
Original Grand Total

SEWER LINE REPLACEMENT / MAINTENANCE

ENGINEER'S ESTIMATE
Annual Sewer Line Replacement/ Maintenance
FY 2022-23
Ramona Inc. Big Ben Engineering PALP Inc., dba Excel Paving MNR Construction Inc.

Company
Clarke Contracting
Corporation
Bonadiman Water Inc. L&S Construction, Inc.

Baldwin Park, CA Irvine, CA Long Beach, CA Lawndale, CA Riverside, CA La Verne, CA Orange, CA

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CONTRACT
[Annual Sewer Replacement/Maintenance, FY 2022-2023 (Bid No. 22-23.20; S-247)] THIS CONTRACT (the “Contract”) is made and entered into as of ______________, 2023 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and RAMONA, INC., a California corporation (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed
a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two (2) bonds presented to City with this Contract and incorporated herein by this reference, Contractor hereby agrees to and shall do all the work and furnish all the labor, materials, tools and equipment, except such as are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in good workmanship and substantial manner the work (the “Work”) described in:
(1) The Construction Plans for Annual Sewer Replacement/Maintenance FY 2022-2023 (Drawing S-247) prepared for City by Martin Varona, approved by the “Engineer” (as defined herein below) on February 2, 2023, and consisting of sheets numbered 1 through 17, inclusive (the “Plans”);
(2) The latest edition of the "City of Orange Standard Plans and Specifications" (the “Orange Book”) with the term "Engineer," as used in the Orange Book and in this Contract, to specifically include the City Engineer (or designee); (3) The "Standard Specifications for Public Works Construction” (the “Greenbook”), and all amendments thereto, except the definition of “Subcontractor” in Section 1.2 (General – Terms and Definitions) of Part 1 (General Provisions) of the Greenbook, which is hereby amended in its entirety to read as follows: “Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor for the performance of a part of the Work;” (4) The “City of Orange Standard Special Provisions;”
(5) The Standard Plans; and
(6) Contractor’s Bid Proposal, which is on file with City’s Department of Public Works.
b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book, Greenbook and City of Orange Standard Special Provisions and Standard Plans are on file with City’s Public Works Director and are hereby specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges that it has read, reviewed and understands the Plans, the Orange Book, the Greenbook, the Special 208
2 Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of which documents shall be referred to herein collectively as the “Plans and Specifications.” c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal Code which requires, among other things, that Contractor utilize City’s exclusive solid waste hauler for the rental of bins for trash and debris removal and imposes mandatory recycling requirements for self-hauled construction and demolition waste. The terms and conditions set forth in this Contract shall control over any terms and conditions in the Plans and Specifications to the contrary.
d. The Work shall be performed in conformity with the Plans and Specifications and the Bid Proposal and all applicable laws, including any and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment.
e. Unless and until otherwise notified in writing by City’s Public Works Director, City’s Principal Civil Engineer, Randy Nguyen (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City’s Public Works Director may designate from time to time, that Contractor shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Public Works Director. f. It is expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and Contractor’s Bid Proposal, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid Proposal conflicting herewith.
g. Contractor agrees that it has an obligation to reset all permanent survey markers as stated in the Orange Book, Part 4, Section 400-2, “Permanent Survey Markers,” and obtain the approval for pre- and post-construction centerline tie sheets and Corner Records from the County of Orange and deliver said approved documents to City as soon as they are received. This obligation extends to any of its subcontractors that have performed work in this regard. This subsection survives completion of the Work, the Notice of Completion, and final payment and shall be an enforceable obligation until fulfilled.

ARTICLE 2
Commencement of Work
Contractor shall commence the Work provided for in this Contract within ten (10) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within one hundred twenty (120) calendar days from such date, unless legal extension is granted in accordance with the terms set forth in the Greenbook. Time is of the essence in this Contract. Contractor shall do all things necessary and incidental to the prosecution of Contractor's Work.
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3 ARTICLE 3
Compensation
a. Contractor agrees to receive and accept an amount not to exceed TWO MILLION FOUR HUNDRED EIGHTY-SEVEN THOUSAND TWO HUNDRED FIFTY DOLLARS and 00/100 ($2,487,250.00) unless said amount is amended by Contract Change Order approved by the City, as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the 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. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.

ARTICLE 4
Licenses
Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the Work contemplated by this Contract and that Contractor and subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Contract.

ARTICLE 5
Guarantees
a. Contractor guarantees the construction and installation of all Work included in the Plans and Specifications for which Contractor has been awarded this Contract. b. Should any of the materials or equipment installed pursuant to this Contract prove defective or should the Work as a whole prove defective, due to faulty equipment, workmanship, materials furnished or methods of installations, or should said Work or any part thereof fail to function properly, as designed, due to any of the above causes within twelve (12) months after the date on which said Work is accepted by City, Contractor shall make repairs and furnish such materials and equipment as are necessary to be furnished and installed within fifteen (15) calendar days after the receipt of a demand from City.
c. Said Work will be deemed defective within the meaning of this guarantee in the event that it fails to function as originally intended either by the Plans and Specifications of this Contract or by the manufacturer(s) of the equipment incorporated into the Work. d. In the event repairs are not made within fifteen (15) calendar days after Contractor's receipt of a demand from City, City shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor. Contractor shall reimburse City, upon demand, 210
4 for all expenses incurred in restoring said Work to the condition contemplated in this Contract, including the cost of any equipment or materials replaced. e. It is understood that emergency repairs may, by necessity, be made by City.

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

ARTICLE 6
Water Quality
a. The Santa Ana Regional Water Quality Control Board (“RWQCB”) has issued National Pollutant Discharge Elimination System (“NPDES”) Permit No. R8-2009-0030 (the “Permit”), which governs storm water and non-storm water discharges resulting from municipal activities performed by City or its contractors. In order to comply with the Permit requirements, the County of Orange has prepared a Drainage Area Management Plan (“DAMP”), containing Model Maintenance Procedures with Best Management Practices (“BMPs”) that City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, storm water runoff, and receiving water quality. Examples include: wash water from cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas.
b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the office of City’s Director of Public Works. Contractor hereby acknowledges that it has read, reviewed and understands the Permit, the DAMP and the Model Maintenance Procedures, as they relate to the Work and hereby shall perform the Work in conformance therewith.

ARTICLE 7
Independent Contractor; Contractor not Agent
a. At all times during the term of this Contract, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor’s services rendered pursuant to this Contract. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Contract. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under 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 211
5 Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.
b. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.

ARTICLE 8
Public Work; Prevailing Wage
a. The Work which is the subject of this Contract is a “public work,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid.

To the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed and understands those provisions of the Labor Code and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions. c. Contractor shall secure the payment of compensation to its employees in accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
d. Contractor shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, and/or “increased costs” (including reasonable attorney’s fees, court and litigation costs, and fees of expert witnesses) which result or arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the Work which is the subject of this Contract, Contractor shall bear all risks of payment or non-payment of state prevailing wages. “Increased costs” as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the 212
6 same may be enacted, adopted or amended from time to time. The foregoing indemnity shall survive termination of this Contract.

ARTICLE 9
Equal Employment Opportunity
During the performance of this Contract, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor shall post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any Work covered by this Contract, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

ARTICLE 10
Conflicts of Interest
Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a contractor to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code. Contractor further agrees that it shall not be eligible to work as the builder for any project for which the design work is part of this Contract.

ARTICLE 11
Indemnity
Contractor shall defend, indemnify and hold harmless City and its officers, officials, agents, and employees from and against:
a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and court costs) which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which shall occur on or 213
7 adjacent to the real property which is the subject of this Contract, or in connection with performance of this Contract which may be directly or indirectly caused by the acts or omissions of Contractor or its officers, employees, contractors or agents, or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents, and employees. The foregoing indemnity shall survive termination of this Contract. b. Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s Work under this Contract, including any and all claims under any law pertaining to Contractor’s status as an independent contractor.

ARTICLE 12
Insurance
a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Contract.
b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.
(1) General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
project/location or the general aggregate
limit shall be twice the required
occurrence limit.
(2) Automobile Liability $1,000,000 per accident for bodily injury and property damage.
(3) Workers’ Compensation as required by the State of California. (4) Employer’s Liability $1,000,000 per accident for bodily injury or disease. c. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. 214
8 d. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or selfinsured retentions with respect to City, its officers, officials, agents and employees; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. e. Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:
(1) City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability arising out of Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such Work or operations. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall apply to City as an additional insured.
(2) For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance with respect to City, its officers, officials, agents and employees. Any insurance or self-insurance maintained by City, its officers, officials, agents and employees shall be excess of Contractor’s insurance and shall not contribute with it. (3) Coverage shall not be canceled, except after thirty (30) days’ prior written notice has been provided to City.
f. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Article 12. The endorsements shall be on forms acceptable to City. All certificates and endorsements are to be received and approved by City before the Work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
g. All insurance procured and maintained by Contractor shall be issued by insurers admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. h. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Contract unless otherwise directed by City. In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom by way of set-off from any sums owed Contractor. i. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City 215
9 with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all Work performed by Contractor, its employees, agents and subcontractors. Contractor shall obtain any other endorsement that may be necessary to effect this waiver of subrogation. j. Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein.

ARTICLE 13
Termination
City, acting through its City Manager or designee, reserves the right to terminate this Contract for any reason by giving five (5) days’ written notice of intent to terminate to Contractor.

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

ARTICLE 14
Maintenance and Inspection of Records
In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Contract. During the term of this Contract and for a period of three (3) years after termination or completion of this Contract, City shall have the right to inspect and/or audit Contractor's records pertaining to the performance of this Contract at Contractor's office. Contractor shall make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.

ARTICLE 15
Compliance with Laws
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by Contractor or any subcontractor hereunder.
b. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this Contract comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and 216
10 (2) Has not and will not knowingly employ any individual to perform services under this Contract who is ineligible to work in the United States or under the terms of this Contract; and
(3) Has properly maintained, and shall at all times during the term of this Contract properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and
(4) Has responded, and shall at all times during the term of this Contract respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration. c. Contractor shall require all subcontractors and/or subconsultants to make the same representations and warranties required by this Article 15 when hired to perform services under this Contract.
d. Contractor shall, upon request of City, provide a list of all employees working under this Contract and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract. e. If Contractor, or a subcontractor or subconsultant, knowingly employs an employee providing Work under this Contract who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, such shall constitute a material breach of this Contract and may be cause for immediate termination of this Contract by City.
f. Contractor shall indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor’s failure to comply with said laws, rules and regulations in connection with the performance of this Contract.

ARTICLE 16
Governing Law and Venue
This Contract shall be construed in accordance with and governed by the laws of the State of California and Contractor shall submit to the jurisdiction of California courts. Venue for any dispute arising under this Contract shall be in Orange County, California.

ARTICLE 17
Integration and Amendment
a. This Contract constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the Work to be performed under this Contract shall be of any force or 217
11 effect unless it is in writing and signed by both parties. Any Work performed which is inconsistent with or in violation of the provisions of this Contract shall not be compensated. b. Amendments to this Contract must be in writing and signed by both parties. The City Manager is authorized to execute amendments to this Contract up to the amounts specified in Chapter 3.08 of the Orange Municipal Code.

ARTICLE 18
Notice
Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon 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”
Ramona, Inc. City of Orange
5029 Bleecker St., Suite 200 300 E. Chapman Avenue
Baldwin Park, CA 91706 Orange, CA 92866-1591
Attn: Mladen Grbavac Attn: Randy Nguyen
Telephone: 626-355-1350 Telephone: 714-744-5531
E-Mail: [email protected] E-Mail: [email protected] ARTICLE 19
Claim Resolution
City and Contractor agree that the claim resolution process applicable to any claim by Contractor in connection with the Work provided herein shall be subject to the procedures set forth in California Public Contract Code Section 9204, attached hereto as Attachment No. 2, and incorporated herein by this reference.

ARTICLE 20
Counterparts
This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures. [Signatures on next page]
218
12 “CITY”

CONTRACT, BONDS AND INSURANCE
APPROVED BY:

Nathalie Adourian
Senior Assistant City Attorney
CITY OF ORANGE, a municipal corporation
By:

Daniel R. Slater
Mayor of the City of Orange
ATTEST:

Pamela Coleman, City Clerk
“CONTRACTOR”
RAMONA, INC., a California corporation
[Note: Signature of Chairman of the By:

Board, President or Vice President is Printed Name:
required] Title:
[Note: Signature of Secretary, Assistant By:

Secretary, Chief Financial Officer or Printed Name:

Assistant Treasurer is also required] Title:
√
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1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange repealing Chapter 5.54 of the Orange Municipal Code relating to hawking of goods and adopting new Chapter

5.54 relating to regulation of sidewalk vendors. Ordinance No. 03-23

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on March 28, 2023.

The Ordinance is now presented for Second Reading by title only, and adoption.

Vote at First Reading: AYES: Barrios, Dumitru, Tavoularis, Bilodeau Gutierrez, Gyllenhammer, Slater
NOES: None
ABSENT: None

3. RECOMMENDED ACTION
Adopt Ordinance No. 03-23

4. ATTACHMENTS
· Ordinance No. 03-23
City of Orange Page 1 of 1 Printed on 4/5/2023
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Agenda Item
City Council
Item #: 3.13. 4/11/2023 File #: 23-0236
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

5.54 relating to regulation of sidewalk vendors. Ordinance No. 03-23

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on March 28, 2023.

The Ordinance is now presented for Second Reading by title only, and adoption.

Vote at First Reading: AYES: Barrios, Dumitru, Tavoularis, Bilodeau Gutierrez, Gyllenhammer, Slater
NOES: None
ABSENT: None

3. RECOMMENDED ACTION
Adopt Ordinance No. 03-23

4. ATTACHMENTS
· Ordinance No. 03-23
City of Orange Page 1 of 1 Printed on 4/5/2023
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ORDINANCE NO. 03-23

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF ORANGE REPEALING CHAPTER

5.54 OF THE ORANGE MUNICIPAL CODE

RELATING TO HAWKING OF GOODS AND
ADOPTING NEW CHAPTER 5.54 RELATING TO

REGULATION OF SIDEWALK VENDORS
WHEREAS, Senate Bill 946, the California Safe Sidewalk Vending Act (“SB 946”), became effective on January 1, 2019; and
WHEREAS, SB 946 establishes requirements for local regulation of sidewalk vendors; and
WHEREAS, the City seeks to implement sidewalk vending regulations to provide a licensing and permitting process and impose operational requirements for sidewalk vendors in the City to comply with SB 946 and protect the health, safety and welfare of the community; and WHEREAS, the City finds that the regulations set forth herein are directly related to objective health, safety, and welfare concerns, including but not limited to the health, safety and welfare of vendors, their prospective customers, pedestrians, those protected by the Americans with Disabilities Act, those operating motor vehicles at intersections and in rights-of-way adjacent to sidewalks, and the public at large.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I:

The Ordinance is not a “project” subject to the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378 because it involves an organizational and administrative activity of the City of Orange that will not result in direct or indirect physical changes in the environment.

SECTION II:

Chapter 5.54 of the Orange Municipal Code (Business Taxes and Regulations – Business Permits and Regulations - Hawking of Goods) is hereby repealed in its entirety.

SECTION III:

New Chapter 5.54 of the Orange Municipal Code (Business Taxes and Regulations – Business Permits and Regulations - Regulation of Sidewalk Vendors) is hereby added to read as follows:
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2 CHAPTER 5.54

REGULATION OF SIDEWALK VENDORS

5.54.010 Purpose.

5.54.020 Definitions.

5.54.030 Permit required.

5.54.040 Permit application.

5.54.050 Investigation and action upon permit application.

5.54.060 Denial of Sidewalk Vending Permit.

5.54.070 Term of permit and renewal.

5.54.080 Permit non-transferable.

5.54.090 Conditions and restrictions imposed on permit; health and safety justification.

5.54.100 General sidewalk vendor operating requirements.

5.54.110 Stationary sidewalk vendor operating requirements.

5.54.120 Operating requirements for sidewalk vendors within a park.

5.54.130 Prohibited activities.

5.54.140 Violations and penalties.

5.54.150 Ability to pay determination and appeals.

5.54.010 Purpose.

A. The purpose of this Chapter is to establish a permitting and regulatory program for sidewalk vendors that complies with Senate Bill 946 (Chapter 459, Statutes 2018). The provisions of this Chapter generally allow portable food stands and certain forms of solicitation while imposing regulation of unpermitted sidewalk vending activities and related enforcement to protect the health, safety, and welfare of the public.

B. The City Council finds that to promote the public health, safety and welfare, regulating sidewalk vending is necessary to ensure no unreasonable interference with the flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, place of business, park, areas located within the immediate vicinity of a permitted certified farmers' market and a permitted swap meet, an area designated by a temporary special permit issued by the City, street to the sidewalk, and by persons exiting or entering parked or standing vehicles.

C. Prohibiting sidewalk vending in streets and medians is necessary to protect the health and safety of vendors and their patrons, because they are at risk of being struck by vehicles and/or causing vehicular accidents if vending occurs in streets or medians.

D. Limiting sidewalk vending hours of operation within residential neighborhoods to specific daylight hours consistent with a residential atmosphere is necessary to protect the safety of vendors and residents who would be more vulnerable to criminal activities during evening hours, and to promote the welfare of the residents by prohibiting commercial activities and associated noise and traffic during hours when residents should be able to enjoy peace and quiet. 239
3 E. These regulations ensure continuous access for the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, firefighting apparatus, mailboxes, as well as access to locations used for public transportation services.

F. These regulations ensure such activities occur only in locations where they will not restrict sidewalk and pathway access and enjoyment by individuals with disabilities pursuant to the American with Disabilities Act of 1990 and other disability access standards.

G. These regulations reduce exposure to the City for personal injury or property damage claims and litigation.

5.54.020 Definitions.

As used in this Chapter, the following terms and phrases shall have the meaning ascribed to them in this Chapter, unless the context in which they are used clearly requires otherwise. If a term or phrase is not defined in this Chapter, or elsewhere in this Code, the most common dictionary definition is presumed to be correct.
“Above-ground structure” means any structure affixed to a sidewalk, including but not limited to, a streetlight, tree well, parking meter, utility structure, utility box, bike rack, scooter corral, mailbox, trash can, elevator, kiosk, newspaper rack, picnic shelter, bench, table, wall, sign pole, traffic signal pole, signal pushbutton pole, and stairs. “Alcohol” and “alcoholic beverage” shall have the same meaning as defined in Section

9.39.040 of this Code, or any successor section.
“Applicant” means any person who has applied for a Sidewalk Vending Permit to be a sidewalk vendor in the City.
“Cannabis” means the substances defined in Section 5.89.010 of this Code, or any successor section.
“City” shall mean the City of Orange.
“Certified farmers' market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that Chapter, or any successor Chapter. “Concessionaire” means the holder of an exclusive agreement with the City for the sale of food or merchandise in a City-owned park.
“Conveyance” means any non-motorized wheeled device used to carry persons or property and includes pushcarts, pedal-driven carts, and wagons. “Curb face” means the vertical or sloping surface on the roadway side of the curb. 240
4 “Civic Center” means the buildings, facilities, and parking lots or areas including City Hall location at 300 East Chapman Avenue, Orange, California, or at such other place as may be designated by the Council, fixed as the meeting place for all official meetings of the Council. “Director” shall mean the Director of Community Development, or designated representative.
“Emergency vehicle access” means the roadway, path, or other surface that provides police or fire vehicular access from the dispatched point of origin to a facility, building, parcel, park or portion thereof. Emergency vehicle access includes, but is not limited to, fire lanes, public and private streets, parking lot lanes, access roadways, trails, and walkways. “Food” shall mean any type of human edible substance, including any food product or beverage as provided in Health and Safety Code Section 113781, or any successor section. “Fire station” means any facility where fire engines and other equipment of the Orange Fire Department are housed.
“Goods” means items, personal property, merchandise, or any other similar item that is generally sold, including food and beverages.
“Hardscape” means paving material, including tiles, mortared pavers, decomposed granite, colored or patterned concrete with a tile, brick, or stone appearance, or a paving material with enhanced concrete that has an exposed aggregate, colored, or salt finish. “Hearing officer” means an impartial individual designated to determine appeals pursuant to and in accordance with Section 2.04.260 of this Code. “Heating element” means any device used to create heat. “Major transit stop” means the portion of a site designated as the passenger loading area that contains any of the following: an existing rail transit station, a bus or rail transit service, or the intersection of two or more major bus routes with a service interval of 15 minutes or less during the morning and afternoon peak commute periods.
“Merchandise” means any goods or item(s) that can be sold and immediately obtained from a sidewalk vendor, which is not considered food. Items for rent shall not be considered merchandise. Merchandise does not include services.
“Park” means any area dedicated or established as a public park owned or operated by the City, including, without limitation, active and passive parks. “Pathway” or “pedestrian pathway” means a paved or improved path, or walkway used primarily for pedestrian travel, other than a sidewalk. Pathway or pedestrian pathway does not mean the grassy areas of parks.
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5 “Permitted event” means any event that has a special event permit, park use permit, or lake use permit, including but not limited to farmers’ markets, street fairs, races, and private events. “Person” means one or more natural persons, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnerships, entities, associations, clubs, or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer, or employee of any of them), whether engaged in business, nonprofit or any other activity.
“Police station” means any facility where police vehicles and other equipment of the Orange Police Department are housed.
“Portable cooking equipment” means any gas-fueled appliance used to heat, cook, or prepare food or beverages on a conveyance by a sidewalk vendor. “Public property” means all property owned or controlled by the City, including, but not limited to, alleys, parks, pathways, streets, parking lots, sidewalks, and trails. “Public right-of-way” means a public easement for streets, alleys, or other uses, other than a sidewalk.
“Residential” means any area zoned exclusively as residential in the Zoning Code, including without limitation R1-5, R1-6, R1-7, R1-8, R1-10, R1-12, R1-15, R1-20, R1-40, R1-R, R2-6, R2-7, R2-8, R-3, R-4, MH and any Historic District Zone. “Roaming sidewalk vendor” means a sidewalk vendor who moves from place-to-place and stops only to complete a transaction.
“School” means an institution of learning that offers instruction in those courses of study required by the Education Code or that is maintained pursuant to standards set by the State Board of Education. This definition does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college, or university. “Services” means activities involving the performance of work for others or the provision of intangible items that cannot be returned once they are provided. Examples include, but are not limited to, hair braiding, face painting, massage, yoga, fortune telling, tattooing, and dog training. “Sidewalk” means a public paved or hardscape sidewalk, parkway, pedestrian path, walkway or other public right-of-way specifically designed for the exclusive use of pedestrian travel. A sidewalk shall not include streets, alleys, medians, plazas, or City-owned parking lots or structures.
“Sidewalk vending permit” or “permit” means a permit established by this Chapter that has been issued to any applicant engaging in sidewalk vending activities in the City. “Sidewalk vendor” means a person(s) who sells food or merchandise from a sidewalk vending cart or from one's person, upon a public sidewalk. It includes both roaming sidewalk vendors and stationary sidewalk vendors.
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6 “Sidewalk vendor activities” or “sidewalk vending activity” means actions that qualify a person as a sidewalk vendor or actions done in anticipation of becoming a sidewalk vendor such as, but not limited to, installation, placement, or maintenance of any sidewalk vending cart. “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. “Street or highway” means a public or private vehicular right-of-way other than an alley or private drive.
“Swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that chapter, or any successor chapter. “Temporary special permit” means a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public property, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, farmers’ market, swap meets, filming, fireworks show, parades, athletic events, public assembles, carnivals, fairs, walks, runs and marathons, festivals, shows, seasonal or holiday events and outdoor concerts or performances.
“Trail” means a paved pathway (which may consist of decomposed granite) designed to be used primarily by bicyclists, horses and other modes of transportation including Class 1 (off street) trails and riding and hiking trails as denoted in the General Plan other than primarily for pedestrian travel.
“Vend” or “vending” means to barter, exchange, sell, offer for sale, display for sale, or solicit offers to purchase food or merchandise. Vend and vending does not include the offering of services.
“Vendor” or “vending cart” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for vending that is not a vehicle as defined in the Vehicle Code.

5.54.030 Permit required.

A. No person, for either themselves or any other person, shall engage in any sidewalk vendor activities within the City without first applying for and receiving a business license from the City’s Finance Department, and a Sidewalk Vending Permit from the City’s Community Development Department in accordance with this Chapter.

B. A Sidewalk Vending Permit is not required for a certified farmers' market, swap meet, or any activity or event authorized by a temporary special permit.

5.54.040 Permit application.

A. Every person, prior to engaging in, conducting, or carrying on the business of sidewalk vending shall file an application with the Community Development Department on a 243
7 City-approved form. Such application shall be accompanied by a non-refundable application permit fee in an amount established by resolution of the City Council, and shall contain, at a minimum, the following information:

1. The legal name, date of birth, current mailing address and telephone number of the applicant who will be solely responsible for the Sidewalk Vending Permit regardless of whether that person is employed or engaged by another individual or a business or will use a vending cart owned by another individual or a business. The applicant must be eighteen (18) years of age or older.

2. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name, current telephone, email, and business address of the principal.

3. A copy of the applicant’s government-issued photo identification, California driver license or identification number, social security card, individual taxpayer identification number, or municipal identification number, which shall not be available to the public and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order.

4. Whether the applicant intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor.

5. The legal name, date of birth, current mailing address and telephone number of all person(s) who will be employed by the applicant who will work as a stationary sidewalk vendor or a roaming sidewalk vendor.

6. A copy of any employee’s government-issued photo identification, California driver license or identification number, social security card, individual taxpayer identification number, or municipal identification number, which shall not be available to the public and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order.

7. Whether the applicant intends to vend food, merchandise or both.

8. If the sidewalk vendor is selling food, a description of the type of food to be sold, whether such foods are prepared onsite, and whether the vendor requires a heating element or portable cooking equipment to prepare the food.

9. If the vendor is selling merchandise, a description of the merchandise to be sold.

10. The hours of operation per day and the day(s) per week during which the applicant proposes to vend.
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8 11. A description of the general or specific location, address, map, or drawing of the area(s)/route in which the applicant proposes to vend either as a stationary sidewalk vendor or a roaming sidewalk vendor.

12. A description, and attached photograph(s) of any vending cart the applicant intends on using in conjunction with the sidewalk vending activity including the physical dimensions or measurements of the height, width, and depth of the vending cart.

13. If a stationary sidewalk vendor, a maintenance plan that includes litter pickup and food waste disposal in the vicinity of the vending location.

14. If the applicant proposes vending food, a certification of completion of a food handler course and proof of all required approvals from the Orange County Health Care Agency Environmental Health Division including a copy of the applicant's current and valid Orange County Food Facility Health Permit.

15. A copy of a current and valid business license issued pursuant to Chapter

5.06. 16. A copy of a current and valid California Department of Tax and Fee Administration seller's permit issued to the applicant, which shall be maintained during the pendency of the sidewalk vendor's permit.

17. Submittal of two (2) high resolution color passport photos of the applicant and its employee(s), if applicable, taken within sixty (60) days of the application filing. The photos shall be as follows:
a. 2 x 2 inches (51 x 51 mm);
b. Head must be between 1 -1 3/8 inches (25 - 35 mm) from the bottom of the chin to the top of the head and showing the shoulder; c. Printed on matte or glossy quality paper;
d. Not digitally changed and not blurry, grainy or pixelated.

18. A list of any convictions of the applicant and its employee(s), if applicable, for a felony or misdemeanor involving moral turpitude for the five years preceding the date of the application.

19. The applicant shall maintain and provide proof of comprehensive general liability insurance with minimum policy limits of one million dollars ($1,000,000) per occurrence, combined single limit coverage, and one million dollars ($1,000,000) in the aggregate against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the applicant.

Such insurance shall name as additional insured the City of Orange, its officers and employees, 245
9 and shall further provide that the policy shall not terminate or be cancelled without thirty (30) days’ advance written notice to the City of Orange.

20. An acknowledgment that the applicant will comply with all other generally applicable local, state, and federal laws.

21. Certification by the applicant, under penalty of perjury, that the information contained in the application is true to their knowledge and belief.

22. An agreement by the applicant to defend, indemnify, release and hold harmless the City, its City Council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor's sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee or City.

23. An acknowledgement that the applicant's use of public property is at their own risk and that the City does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities.

24. Any other reasonable information regarding the time, place, and manner of the proposed sidewalk vending activities.

B. The applicant and its employees, if applicable, shall also submit a complete set of the applicant’s and its employees’ fingerprints to the Chief of the Orange Police Department or designee in a manner and form approved by the Chief of Police. The applicant and its employees shall pay for any fees for the fingerprints. Pursuant to Penal Code Sections 11105 and 13300, the City Council explicitly authorizes the Chief of Police to obtain such information as it relates to disqualifying convictions or conduct related to the crimes or offenses described in this Chapter.

C. The applicant must immediately notify the City in writing of any changes to the information provided in the application or this Chapter after the issuance of a Sidewalk Vending Permit. A Sidewalk Vending Permit Change of Information Fee shall be assessed against any applicant who has been issued a Sidewalk Vending Permit and changes any information as provided in the application or this Chapter as established by resolution of the City Council.

D. Payment of an application permit fee and renewal permit fees. Each application for a Sidewalk Vending Permit either as a stationary sidewalk vendor or roaming sidewalk vendor shall be accompanied by an application permit fee or renewal permit fee as established by resolution of the City Council. The application permit fee and renewal permit fees are only applicable to the applicant named in the application. The application permit fee and renewal permit fee are non-refundable or prorated.
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10 E. Payment of an employee application permit fee, if applicable. Each person who will be employed or engaged in sidewalk vending activity for an applicant of a Sidewalk Vending Permit shall be accompanied by an employee application permit fee for each person as established by resolution of the City Council. This fee shall be required for each person employed or engaged in sidewalk vending activities either as a stationary sidewalk vendor or a roaming sidewalk vendor.

Furthermore, this fee shall be renewed annually for each person employed or engaged by the applicant of a Sidewalk Vending Permit and the fee is non-refundable or prorated.

5.54.050 Investigation and action upon permit application.

A. Determination of Completeness. The Director shall, within thirty (30) calendar days, review the submission of any application for a Sidewalk Vending Permit to determine if the application contains all of the requisite information set forth in Section 5.54.040. Any application that is missing required information or that is not accompanied by the requisite fee shall be deemed incomplete and shall not be processed by the Director. In such case, the Director shall issue a Notice of Incompleteness to the applicant specifying the information that is missing resulting in the incomplete application. Failure of the applicant to submit the missing information within thirty (30) calendar days of the Notice of Incompleteness shall be deemed an administrative withdrawal of the Sidewalk Vending Permit application by the applicant.

B. Investigation and Action. Upon receipt of a complete Sidewalk Vending Permit application (and requisite fees), the Director shall conduct a thorough investigation of the application and shall make a determination upon the application within sixty (60) days of the Director’s determination of completeness. The Director may request supplemental investigation, information, reports, and/or recommendations pertaining to relevant zoning, building, health, safety, fire, law enforcement, or other factors from any appropriate department of the City or other appropriate agency.

C Notwithstanding the provisions of this Code, the Director shall approve the issuance of a Sidewalk Vending Permit unless the Director determines that any of the following disqualifications exist:

1. The applicant has failed to submit any of the information, documentation, or fees required pursuant to Section 5.54.040;

2. The applicant does not possess all federal, state, and/ or local permits, licenses, certificates, and/or approvals required to engage in the activity subject to the permit;

3. The applicant has made one or more materially false, misleading, fraudulent, misstatements or misrepresentations in the application or supplemental information;

4. The applicant's proposed vending activity, as described in the application, is inconsistent with the standards, conditions, prohibitions, and requirements set forth in this Chapter;

5. The applicant has failed to demonstrate an ability to conform to the standards, conditions, prohibitions, or requirements set forth in this Chapter; 247
11 6. The conduct of the sidewalk vendor will unduly interfere with traffic or pedestrian movement, tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety, or general welfare;

7. The conduct of the sidewalk vendor will unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the vendor;

8. The conduct of such sidewalk vending activity will constitute a fire hazard, even after all proper safety precautions are taken;

9. The conduct of such sidewalk vending activity will require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the City;

10. The applicant has had a Sidewalk Vending Permit revoked or denied within the previous year;

11. The applicant has not paid all previous administrative fine(s), completed all community service, or completed any other alternative disposition associated in any way with a previous violation of this Chapter;

12. The applicant including its employee(s), if applicable, has been convicted of any felony or misdemeanor offense involving moral turpitude within five (5) years of the date of the application, or is otherwise still on probation or parole for a felony or misdemeanor involving moral turpitude;

13. The applicant including its employee(s), if applicable, has been convicted of any felony offense involving the sale of a controlled substance specified in Health and Safety Code sections 11054, 11055, 11056, 11057 or 11058 within five (5) years of the date of the application, or is otherwise on probation or parole for any offenses set forth in this Section;

14. The applicant has not maintained required insurance to protect the City from liability associated with the sidewalk vendors activities, including the naming of the City as an additional insured, as determined by the City's risk manager;

15. The applicant including its employee(s), if applicable, is required to register under the provisions of Penal Code section 290 (or an equivalent section in any other State); or,

16. The applicant has not satisfactorily provided all additional information requested by the Director to consider the applicant's application.

5.54.060 Denial of Sidewalk Vending Permit.

A. If a Sidewalk Vending Permit is denied pursuant to this Chapter, the applicant shall be notified in writing of the denial of the permit, along with the grounds for denial. The Notice 248
12 shall also advise the applicant of the ability to appeal the denial in the manner set forth in Section

5.54.150.C. Notice shall be mailed to the applicant at the address listed in the application.

B. Any applicant who has been denied a Sidewalk Vending Permit pursuant to this Chapter shall not be eligible to re-apply for a Sidewalk Vending Permit for a period of one year from the written denial.

5.54.070 Term of permit and renewal.

A. A Sidewalk Vending Permit issued pursuant to this Chapter shall automatically expire one (1) year from the date issued unless an earlier expiration date is noted on the permit.

B. Renewal of permit. Any applicant who has been issued a Sidewalk Vending Permit and seeks to continue sidewalk vending must renew before the Sidewalk Vending Permit has expired through the same application process described in Section 5.54.040. Unless timely renewed, any Sidewalk Vending Permit issued pursuant to this Chapter shall expire and become null and void at the end of its term.

C. Renewal of permit after revocation. Any applicant whose Sidewalk Vending Permit is revoked may not renew their permit for one (1) year from the date it is revoked.

5.54.080 Permit non-transferable.

A Sidewalk Vending Permit issued pursuant to this Chapter shall not be transferable to any other entity or person. Any change in ownership, sidewalk operation or vending activity of an issued Sidewalk Vending Permit requires the filing of a new permit application under this Chapter.

5.54.090 Conditions and restrictions imposed on permit; health and safety justification.

A. Sidewalk vendors shall adhere to all operating conditions and requirements set forth in this Chapter, and all restrictions, limitations, and operating requirements set forth in this Chapter shall constitute conditions upon any Sidewalk Vending Permit issued pursuant to this Chapter.

B. The conditions, restrictions and operating requirements set forth in this Chapter are intended to protect the health and safety of vendors, their patrons, and the general public for reasons including, but not limited to:

1. Reducing exposure to pedestrian versus vehicle contact;

2. Ensuring better visibility of drivers entering or exiting driveways;

3. Protecting access to public rights-of-way by disabled persons to comply with the Americans with Disabilities Act;

4. Ensuring safe pedestrian pathways in areas commonly utilized by pedestrians;
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13 5. Preventing the appearance of “marketplace” vending which is more likely to generate crowding on public sidewalks that would impede pedestrians and disabled use of sidewalks;

6. Reducing the chance pedestrians will enter vehicular rights-of-way or block the entrance or exit of a business;

7. Reducing the danger that school children will enter into traffic and be injured or killed trying to reach a vendor;

8. Reducing unnecessary or unanticipated slowing of vehicles approaching onramps, immediately adjacent to curb and sidewalk, or exiting freeway off-ramps where drivers are merging into oncoming traffic, all of which are likely to cause accidents;

9. Reducing the possibility that drivers will be distracted in their line of site by a vendor in the way of oncoming traffic;

10. Causing visual distraction to the driving public;

11. Cause excessive noise that disturbs the peace;

12. Eliminating litter, refuse and food waste from the public right of ways; and

13. Reducing the likelihood of contamination deposited into the City’s storm drain system.

5.54.100 General sidewalk vendor operating requirements.

The following operating requirements and prohibitions shall constitute conditions of any Sidewalk Vending Permit:

A. Sidewalk vendors shall operate in compliance with all applicable federal, state, county, and City laws, ordinances, and regulations.

B. Stationary sidewalk vendors shall only conduct vending operations at the location approved by the Director and shall display a City-issued Sidewalk Vending Permit and Business License on the street-side portion of the City-approved vending cart. The applicant who been issued a Sidewalk Vending Permit shall always be at the approved location while conducting vending activities except as permitted by law for reasonable time away due to rest, restroom, and meal breaks. The applicant and any employee(s) shall also display a photo identification issued by the City upon their person in a conspicuous manner at all times while conducting vending activities.

C. Roaming sidewalk vendors shall only conduct vending operations along the areas or route approved by the Director and shall display a City-issued Sidewalk Vending Permit and 250
14 Business License on the City-approved vending cart; or, if no vending cart is utilized, a roaming sidewalk vendor shall keep the City-issued Sidewalk Vending Permit and Business License upon their person in a conspicuous manner at all times while conducting vending activities. The applicant who been issued a Sidewalk Vending Permit shall always be at the approved areas or route while conducting vending activities except as permitted by law for reasonable time away due to rest, restroom, and meal breaks. Any employee(s) shall also display a photo identification issued by the City upon their person in a conspicuous manner at all times while conducting vending activities:

1. Roaming sidewalk vendors shall move continuously except when necessary to complete a sale. Notwithstanding the foregoing, the roaming sidewalk vendors shall immediately move to provide access to the sidewalk to avoid impeding the flow of pedestrian or other traffic.

2. Roaming sidewalk vending within any residential areas of the City is prohibited daily between the hours of 7:00 p.m. and 7:00 a.m. of the subsequent day.

D. Sidewalk vendors shall comply with all applicable laws relating to the employment of minors. Any minor assisting with or engaged in vending shall be accompanied by a sidewalk vendor with a valid vending permit. Any and all actions of the minor related to vending, including any violations committed by the minor, are attributable to the sidewalk vendor.

E. No stationary sidewalk vendor shall vend, and no roaming sidewalk vendor shall stop to make sales within the number of feet designated below from the nearest portion of the following locations:

1. Within twenty-five feet (25′) of any street intersection;

2. Within twenty-five feet (25′) of any traffic control device (including traffic signals and traffic signs);

3. Within twenty-five feet (25′) of a fire hydrant or connection, fire lane, fire call box, or other emergency facility;

4. On any designated emergency vehicle accessway;

5. Within three feet (3′) of the edge of any curb including areas of the curb to provide for unobstructed access for loading and unloading, parking space, access ramp designed for individuals with disabilities, public utility providers, deliveries, police, fire or other essential service activities;

6. Within fifty feet (50′) of any driveway or driveway apron;

7. Within twenty-five feet (25′) of a marked crosswalk;

8. Within twenty-five feet (25′) of a curb return of an unmarked crosswalk or curb ramp;
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15 9. Within twenty-five feet (25′) of any loading and unloading zone, parking space, or access ramp or parking space designed for individuals with disabilities;

10. Within twenty-five feet (25′) of a bus stop, taxi stand, bus bench, or bus shelter;

11. Within twenty-five feet (25′) of any entrance, fire escape or emergency exit of any business during the hours that the business is open to the public or to persons having or conducting lawful business therein;

12. Sidewalk vendors shall not engage in sidewalk vending activities within fifty feet (50′) of another sidewalk vendor;

13. Within five hundred feet (500′) of any permitted certified farmers’ market, permitted swap meet, or an area designated for use pursuant to a temporary special permit, during the operating hours or duration of the certified farmers’ market, swap meet, or temporary special permit;

14. Upon any sidewalk that is within five hundred feet (500′) of the nearest property line of any property on which a school, a place of worship, or a child day-care facility is located;

15. Upon any sidewalk that is within five hundred feet (500′) of the nearest property line of any property on which a private and post-secondary education, college or university building or campus is located;

16. Within or on any median strip or dividing section of any street;

17. Within twenty-five feet (25′) of any parking lot or parking structure;

18. Within any landscaped area or on an unpaved surface;

19. Within fifty feet (50′) of any railroad crossing or train tracks;

20. Within five hundred feet (500′) of any major transit stop;

21. Within twenty-five feet (25′) of any active encroachment permit issued and displayed during the time and dates listed in the permit;

22. Within twenty-five feet (25′) of any automated teller machine, bank ATM, or parking pay station;

23. Within twenty-five feet (25′) of any outdoor dining or patio area of a business;

24. Within five hundred feet (500′) from freeway onramps and offramps; 252
16 25. Within five hundred feet (500′) of a backup City Emergency Operations Center, identified in the City's Emergency Operations Plan, during the operational period;

26. Within any public property that does not meet the definition of a sidewalk or pathway including, without limitation, any alley, median, trail, street, roadway, parking lot, or parking structure;

27. Within any private property without having first obtained current and valid permits and licenses from the City for such activity and received express written consent of the property owner or lessee of the property;

28. Within five hundred feet (500′) of any Civic Center, Police and Fire station or facility, public utility facility, United States Postal Service office or facility, or other governmental building or facility.

F. Sidewalk vendors shall not vend in a manner that blocks or obstructs the free movement of pedestrians on sidewalks and must maintain a minimum of forty-eight inches (48″) of accessible path of travel, without obstruction, along the sidewalk upon which the vendor is vending so as to enable persons to freely pass while walking, running, or using mobility assistance devices.

G. Sidewalk vendors shall not block any entrances to buildings, driveways, parking spaces, or windows.

H. Sidewalk vendors shall not vend to customers in vehicles unless said vehicles are lawfully parked and shall not cause vehicles to stop in traffic lanes or persons to stand in traffic lanes.

I. Sidewalk vendors that sell food shall maintain a trash container in or on their sidewalk vending station and shall not empty their trash into public trashcans. The size of the vendor's trash container shall be considered when assessing the total size limit of a stationary sidewalk vending. Sidewalk vendors shall not leave any location without first picking up, removing, disposing of all trash or refuse from their operation, and returning the site to the condition present at the time the sidewalk vendor arrived.

J. Sidewalk vendors shall maintain the area immediately surrounding the vending area in a neat, clean, orderly, and sanitary condition. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and lawfully dispose of all byproducts (including fats, oils, and grease) and litter generated by the vending operation (whether by the vendor or customer) within twenty-five feet (25′) of the vending location. Sidewalk vendors shall not cause, permit, or suffer any litter, food, or other discarded or abandoned object to be thrown, deposited, or left in or upon any street, sidewalk, gutter, storm drain, inlet, catch basin, or other drainage structure, or upon any public or private land in the City.

K. Vending carts shall not be left unattended on the public right-of-way at any time. 253
17 L. Sidewalk vendors engaged in the vending of food or beverages shall have hand sanitizer located in a conspicuous location readily available for use by customers.

M. All food and merchandise shall be stored either inside or affixed to the sidewalk vendor station or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on any public property. If affixed to the sidewalk vendor station, the overall space taken up by the sidewalk vendor station shall not exceed the size requirements provided in this Chapter.

N. Roaming sidewalk vendors shall not use any portable cooking equipment, gasfueled appliance, or any open flame unless approved and permitted by Director, Orange City Fire Department and/or Orange County Health Care Agency Environmental Health Division.

O. Sidewalk vendors who vend any food, beverage, or liquid product must implement the following best management practices:

1. Possess spill kits that are comprised of paper towels, cloth towels, cat litter, or sand at all times while vending;

2. Remove all spill materials from the public right-of-way and sidewalks once the spilled material is absorbed off the ground;

3. Capture and prevent spills leaving the area and moving into the surrounding streets from entering the storm water conveyance system, including curbs, gutters, and storm drains;

4. Properly dispose of grease, either by hiring and utilizing an on-site grease collector or collection system, or at an acceptable facility; and

5. Ensure that any water or rinse residue used for vending activities (e.g., cooler water, ice, food preparation water) is not disposed in the curbs, gutters, streets, drains, or on any public property.

P. Sidewalk vendors shall ensure that all customer queuing, waiting areas, or lines do not block, hinder, or interfere with the free flow of pedestrian or vehicular traffic along, over, or across public property, and otherwise comply at all times with the location-related restrictions set forth in this Chapter relative to sidewalk vending activities.

Q. During an urgent or emergency public safety event or incident, including, but not limited to, a traffic accident, crime scene, medical emergency, gas leak, natural disaster, fire, onsite construction, sidewalk or road work or related work on a capital improvement project, the City may temporarily require the sidewalk vendors to relocate to another location or area if doing so is necessary to protect the public health, safety, or welfare.

R. Sidewalk vendors may only use an umbrella or temporary covering for shade or protection from sun or rain over the vending cart, and it shall not exceed 8 feet in height nor 5 feet 254
18 in diameter. Furthermore, the use of such an umbrella or temporary covering shall be fire rated as flame-resistant as approved by the Orange City Fire Department for any vending activities with an approved heating element or portable cooking equipment is in use.

S. Notwithstanding any specific requirements, conditions or prohibitions contained in this Chapter, sidewalk vending is prohibited at any location, public property or area where the operation of sidewalk vending activities creates a reasonable danger to the health, safety or general welfare of the public or property.

T. Sidewalk vendors shall present, upon request, a valid government-issued photo identification, California driver’s license or identification card, Sidewalk Vending Permit, business license, and other applicable license or permit, to any City official including a City code compliance officer, police officer, firefighter, fire prevention specialist or examiner, Orange County health inspector authorized to enforce this Chapter including to ensure the safe operation and any heating elements or portable cooking equipment used to prepare food, as well as to any person to whom they are vending.

5.54.110 Stationary sidewalk vendor operating requirements.

In addition to the general operating requirements set forth in Sections 5.54.100, 5.54.120 and 5.54.130, stationary sidewalk vendors shall comply with the following operating requirements and prohibitions, and each of these operating requirements and prohibitions shall constitute conditions of any Sidewalk Vending Permit for a stationary sidewalk vendor.

A. Vending activity is prohibited from operating or establishing in any residential zone of the City.

B. Any vending cart used in the vending activity shall be removed from the sidewalk each day at the close of business.

C. A separation of at least fifty feet (50′) from any other stationary sidewalk vendor shall be maintained.

D. Stationary sidewalk vendors shall not cause, allow, or suffer the placement of tables, chairs, fences, shade structures, umbrellas, other furniture, rugs, towels, fabric of any kind upon the sidewalk in conjunction with the vending operation (whether for the display of goods or any other reason).

E. Stationary sidewalk vendors shall not cause, allow, or suffer the erection or placement of any signs upon the sidewalk, unless approved pursuant to Chapter 17.36.

F. Stationary sidewalk vendors shall not attach or use any water lines, electrical lines, or gas lines located on public property or owned by the City, or belonging to any other entity or person, during the vending activity.
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19 G. No vending cart may exceed an overall height of five feet (5′), a total width five feet (5′), and a total length of five feet (5′). It may not include attachments such as balloons, streamers, ribbons, pinwheels, flags, and other visual marketing aids.

H. Vending activities shall only occur on sidewalks or pathways with a minimum width of eight feet (8′) or larger.

I. Vendors shall only use any portable cooking equipment or heating element as approved by the Director, Orange City Fire Department and/or Orange County Health Care Agency Environmental Health Division. The following additional conditions apply:

1. The equipment shall be kept at least twenty feet (20′) from any permanent structure and at least thirty feet (30′) from any dry grass, grain, brush, or forested area;

2. The equipment shall not be unattended;

3. No vendor shall smoke or vape or allow any person to smoke or vape within twenty feet (20′);

4. The vendor shall regularly clean the portable cooking equipment to remove grease and food buildup;

5. The equipment shall only use propane, natural gas, or butane cylinder tanks;

6. The vendor shall use or store only propane, natural gas, or butane tanks of 20 gallons or less, with a limit of two 20-gallon tanks on a conveyance;

7. Tanks shall be stored in an upright position during use and positioned in such a way as to prevent falling, tipping, and tampering;

8. Tanks shall be disconnected while the conveyance is in transit or not in use;

9. Only tanks with a shut-off valve and a pressure regulator, having hoses of a type approved for use by the manufacturer with the equipment are allowed;

10. All connections to the tank shall be tested for potential leaks before each use using soap and water; and

11. Any conveyance that stores a tank shall have two ventilation openings on opposite sides at the cylinder valve level and at least one ventilation opening at the floor level.

Each opening shall be a minimum of 10 square inches, screened with a minimum 16 mesh and shall vent to the exterior of the conveyance.

J. Stationary sidewalk vendors shall comply with the following fire extinguisher requirements:
256
20 1. An easily accessible, properly charged and maintained 2A-10BC-rated five (5) pounder fire extinguisher shall be kept at the vending cart at all times and be familiar with its proper use. Stationary sidewalk vendors shall ensure the extinguisher has been serviced within the last year and has a valid California State Fire Marshal service tag attached;

2. Deep-fat fryers or woks with cooking oil capacity of six inches (6”) depth or greater using combustible cooking media, vegetable or animal oils or fats, shall be provided with a Class K fire extinguisher;

3. The extinguisher shall be mounted securely to the vending cart or equipment; and

4. The extinguisher shall be located away from the cooking area but within reasonable reach to prevent the spread of fire.

5.54.120 Operating requirements for sidewalk vendors within a park.

In addition to the general operating requirements set forth in Sections 5.54.100, 5.54.110 and 5.54.130, sidewalk vendors shall comply with the following operating requirements and prohibitions, and each of these operating requirements and prohibitions shall constitute conditions of any Sidewalk Vending Permit for a sidewalk vendor within a park.

A. Stationary sidewalk vendors are prohibited from operating within any portion of a City park for which the City has signed an agreement for concessions that exclusively permits the sale of merchandise or food by the concessionaire.

B. Stationary sidewalk vendors operating within a City park shall comply with all operating requirements and prohibitions set forth in Sections 5.54.100, 5.54.110 and 5.54.130.

C. Roaming sidewalk vendors shall not vend within fifty feet (50′) of any portion of a park for which the City has signed an agreement for concessions that exclusively permits the sale of merchandise or food by the concessionaire.

D. Sidewalk vendors shall not vend in the following locations within a park:

1. Within fifty feet (50′) of any field, court, or pitch that is primarily designed for use in a sporting activity (including, but not limited to, baseball field, softball field, basketball court, tennis court, soccer pitch, volleyball court, pickleball court, horseshoe pits, lawn bowling and handball court), while said area is in use;

2. Within one hundred feet (100′) of any playground, recreational water features, or exercise area, while said area is in use;

3. Within fifty feet (50′) of any restroom facilities;
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21 4. Within fifty feet (50′) of any community building or structure, indoor gym, dance rooms, meeting rooms, arts & craft rooms, banquet halls, lounge, shaded structures, patios, awnings, gazebos, BBQ stations, picnic pavilion, picnic tables, recreation rooms, dog park, and bandshells;

5. Within one hundred feet (100′) of any lake or water basin;

6. Within one hundred feet (100′) of any decorative water fountain and memorial structures.

7. Within fifty feet (50′) of any abutting residential parcel adjacent to a park.

E. Sidewalk vending within any park is prohibited daily between the hours of 7:00 p.m. and 7:00 a.m. of the subsequent day.

F. Notwithstanding Section 5.54.100.E.18, sidewalk vendors of merchandise may conduct sidewalk vending on unpaved portions of a park, so long as the vendor adheres to all other sidewalk vendor operating requirements and park regulations. Sidewalk vendors of food may not conduct sidewalk vending on unpaved portions of a park.

5.54.130 Prohibited activities.

The following activities are prohibited, which are directly related to objective of health, safety, and welfare concerns, including but not limited to health, safety and welfare of vendors, their prospective patrons, pedestrians, those protected by the Americans with Disabilities Act, those operating motor vehicles at intersections and in right-of-way adjacent to sidewalks, and the public at large. Sidewalk vendors shall not:

A. Sell or offer to sell services, or engage in or offer to engage in any type of rental activity, including the rental of any goods or services; B. Display merchandise or food that is not available for immediate sale; C. Utilize outdoor wood burning ovens, charcoal barbecues; D. Utilize gasoline or kerosene;
E. Utilize portable generators unless approved by the Director, Orange City Fire Department and/or Orange County Health Care Agency Environmental Health Division; F. Except as otherwise specified in this Chapter, conduct sidewalk vending activities between the hours of 10:00 p.m. and 7:00 a.m. daily or consistent with the hours of operation of the businesses on the same street block;
G. Utilize a motorized sidewalk vending cart;
258
22 H. Touch the person(s) being offered to purchase food or merchandise without that person(s)' consent;
I. Use any luminaire, flashing lights or any other animated devices or signs. Sidewalk vendors shall only utilize the minimum amount of luminaires necessary for the safe operation of sidewalk vending activities as determined by the City;
J. Sell, use, or vend any of the following:

1. Live animal(s);

2. Adult-oriented material depicting, describing, or relating to specified anatomical areas or specified sexual activities;

3. Alcohol, cannabis, marijuana, or tobacco products that contain nicotine or any product used to smoke (or “vape”) nicotine or marijuana

4. Weapons, including knives, guns, or explosive devices; airsoft guns, paintball guns, BB devices or imitation firearms;

5. Pharmaceuticals;

6. Illegal or counterfeit merchandise; or

7. Any other merchandise or products prohibited by local, state and federal laws;
K. Use or operate, or permit to be played, used, or operated, any radio, receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound. No sidewalk vendor shall employ horns, bells, whistles, or noise-making devices;
L. Allow a vending cart or other accessory equipment to touch, lean against or be affixed or fastened at any time to any building, structure or above-ground structure including, but not limited to poles, trees, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans, waste receptacles, or traffic barriers located in the public right-of-way;
M. Set up a customer seating area such as, but not limited to, equipment, tables, chairs, tents, or canopies;
N. Entering private property to solicit at any dwelling, including but not limited to a house, apartment, duplex, condominium, gated community, or business without explicit permission of the property owner or their designee.
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23 5.54.140 Violations and penalties.

A. By persons with a current and valid permit. A violation of this Chapter by a sidewalk vendor who has a current and valid Sidewalk Vending Permit issued by the City pursuant to this Chapter is punishable by an administrative citation pursuant to Chapter 1.10 of Title 1 of this Code, in the following amounts:

1. An administrative fine not exceeding $100 for a first violation;

2. An administrative fine not exceeding $200 for a second violation within one year of the first violation; and

3. An administrative fine not exceeding $500 for each additional violation within one year of the first violation.

B. By persons without a current and valid permit. Any person engaged in sidewalk vending without a current and valid Sidewalk Vending Permit issued pursuant to this Chapter is punishable by an administrative citation pursuant to Chapter 1.10 of this Code, in the following amounts:

1. An administrative fine not exceeding $250 for a first violation;

2. An administrative fine not exceeding $500 for a second violation within one year of the first violation; and

3. An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation.

4. Upon proof of a valid permit issued by the City, pursuant to this Chapter, the administrative fines set forth in subsection B. shall be reduced to the administrative fines set forth in subsection A., or any successor sections.

C. The Director may revoke a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.

D. A violation of this Chapter shall not be punishable as an infraction or misdemeanor and a person alleged to have violated any provision of this part shall not be subject to arrest except when otherwise permitted under law. Further, failure to pay an administrative citation issued pursuant to this Chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed.

E. Any administrative citation issued pursuant to this Chapter shall be accompanied with notice of and instruction regarding the citee’s right to request an ability-to-pay determination.

When assessing administrative citations pursuant to this Chapter, the administrative hearing officer 260
24 shall take into consideration the person’s ability to pay the fine. The person may request an abilityto-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

F. If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, or any successor sections, the City shall accept, in full satisfaction, twenty percent (20%) of an administrative citation imposed pursuant to this Chapter.

5.54.150 Ability to pay determination and appeals.

A. Ability to pay determination. Any person issued an administrative citation pursuant to this Chapter may request a determination on the person’s ability to pay the administrative fine.

The person may request an ability-to-pay determination at any time prior to payment of the fine, including when a fine is delinquent or has been referred to a comprehensive collection program.

1. The Director or hearing officer shall reduce the fine to twenty percent (20%) of the total if the citee meets either of the following criteria:
a. The citee is receiving public benefits under Government Code Section 68632(a); or
b. The citee has a monthly income which is two hundred percent (200%) or less of the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services.

B. Appeal of administrative citation. Any person issued an administrative citation pursuant to this Chapter shall have the right to appeal the issuance of the administrative citation in accordance with and the time limits set forth in Chapter 1.10 of this Code.

1. Notwithstanding the provisions of Chapter 1.10 of this Code, upon the submission of proof of a valid permit issued by the City pursuant to this Chapter, any administrative fine imposed upon a sidewalk vendor who did not have a valid permit at the time the administrative citation was issued shall be reduced in accordance with Section 5.54.140.B.4.

2. If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, or any successor section, the hearing officer shall accept, in full satisfaction, twenty percent (20%) of the administrative fine imposed pursuant to this Chapter.

3. The hearing officer may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

C. Appeal of denial or revocation of Sidewalk Vending Permit.

1. Any person who has been denied a Sidewalk Vending Permit or who has had a Sidewalk Vending Permit revoked by the Director pursuant to this Chapter may appeal such 261
25 determination to the hearing officer, by filing a request for an appeal with the City Clerk, and tendering a filing and processing fee as set by resolution of the City Council, within twenty-one (21) calendar days of service of the notice of such denial or revocation. The request for an appeal shall contain, at a minimum, the following:
a. The name, current mailing address, and telephone number of the appellant;
b. The date of denial or rescission by the Director;
c. A statement as to all grounds for appeal in sufficient detail to enable the hearing officer, to understand the nature of the controversy; and d. The signature of the appellant under penalty of perjury as to the contents of the request for appeal.

2. An appeal shall be scheduled for a hearing before the hearing officer within thirty (30) calendar days of the filing of the appeal unless both the appellant and the hearing officer consent to a later date.

3. The hearing officer shall give notice in writing to the appellant of the time and location of the appeal hearing. At the hearing, the hearing officer shall review the record of the decision for denial of a Sidewalk Vending Permit or revocation of a Sidewalk Vending Permit by the Director and hear testimony of the appellant, if any, the applicant and any other interested party. The appeal shall be reviewed and determined on a de nova basis.

D. After the hearing, the hearing officer shall affirm, modify or reverse the original denial or revocation. When a denial or revocation is modified or reversed, the hearing officer shall state the specific reasons for modification or reversal. Decisions on appeals shall be rendered within thirty (30) calendar days of the close of the hearing. The hearing officer shall mail notice of a decision to the appellant. Such notice shall be mailed within five (5) working days after the date of the decision to the appellant. The decision of the hearing officer shall be final.

SECTION IV:

If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
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26 SECTION V:

The City Clerk is hereby directed to certify the adoption of this Ordinance and cause a summary of the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.

ADOPTED this ____ day of ___________________, 2023.

Daniel R. Slater, Mayor, City of Orange
ATTEST:

Pamela Coleman, City Clerk, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 28th day of March, 2023, and thereafter at the regular meeting of said City Council duly held on the ___ day of ______________, 2023 was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
263
Agenda Item
City Council
Item #: 3.14. 4/11/2023 File #: 23-0235
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange adding Chapter 1.10 to the Orange Municipal Code relating to administrative citations. Ordinance No. 04-23.

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on March 28, 2023.

The Ordinance is now presented for Second Reading by title only, and adoption.

Vote at First Reading: AYES: Barrios, Tavoularis, Bilodeau Gutierrez, Gyllenhammer, Slater
NOES: Dumitru
ABSENT: None

3. RECOMMENDED ACTION
Adopt Ordinance No. 04-23.

4. ATTACHMENTS
· Ordinance No. 04-23
City of Orange Page 1 of 1 Printed on 4/5/2023
powered by Legistar™264
Agenda Item
City Council
Item #: 3.14. 4/11/2023 File #: 23-0235
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on March 28, 2023.

The Ordinance is now presented for Second Reading by title only, and adoption.

Vote at First Reading: AYES: Barrios, Tavoularis, Bilodeau Gutierrez, Gyllenhammer, Slater
NOES: Dumitru
ABSENT: None

3. RECOMMENDED ACTION
Adopt Ordinance No. 04-23.

4. ATTACHMENTS
· Ordinance No. 04-23
City of Orange Page 1 of 1 Printed on 4/5/2023
powered by Legistar™265
ORDINANCE NO. 04-23

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE ADDING CHAPTER 1.10 TO THE

ORANGE MUNICIPAL CODE RELATING TO

ADMINISTRATIVE CITATIONS
WHEREAS, California Government Code Section 53069.4 authorizes the City Council to adopt an ordinance which makes any violation of the Orange Municipal Code (“OMC”) subject to an administrative fine; and
WHEREAS, the City Council desires to adopt an ordinance pursuant to Government Code Section 53069.4 making any violation of the Orange Municipal Code subject to an administrative fine; and
WHEREAS, Government Code Section 53069.4 also authorizes the City to establish the procedures governing the imposition, enforcement, collection, and administrative review of those administrative fines; and
WHEREAS, amendment of the OMC to add an administrative citation process will:
(1) Promote and protect the public health, safety and welfare of the residents of this City;
(2) Help ensure compliance with the OMC and state codes, ordinances and regulations in a timely and efficient manner;
(3) Provide for an administrative process to appeal the imposition of administrative citations and fines and provide those cited with the right to a fair hearing without the need for legal counsel; and
(4) Reduce the burden on the judicial system and minimize the time and expense of defending the citation by the person cited.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I:

SECTION II:

New Chapter 1.10 of the Orange Municipal Code (General Provisions – Administrative Citations) is hereby added to read as follows:
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2 Chapter 1.10

ADMINISTRATIVE CITATIONS

1.10.010 Purpose and Intent.

1.10.020 Authority and Scope.

1.10.030 Definitions.

1.10.040 Administrative Citation.

1.10.050 Administrative Citation – Violation.

1.10.060 Content of Administrative Citation.

1.10.070 Procedure for Serving Administrative Citation.

1.10.080 Administrative Fine.

1.10.090 Payment of Administrative Fine.

1.10.100 Request for Administrative Hearing.

1.10.110 Time for Administrative Hearing.

1.10.120 Request for Continuance of Hearing.

1.10.130 Appointment of Administrative Hearing Officer.

1.10.140 Procedures at Administrative Hearing.

1.10.150 Failure to Attend Administrative Hearing.

1.10.160 Decision of Administrative Hearing Officer.

1.10.170 Late Payment Charges.

1.10.180 Collection of Administrative Fines.

1.10.190 Appeal of Decision of Administrative Hearing Officer.

1.10.200 Failure to Pay an Administrative Fine.

1.10.010 Purpose and Intent.

The City Council finds and declares that:

A. There is a need for an alternative method of enforcement for violations of the Orange Municipal Code, state or county codes, and any other applicable statues or laws.

B. This Chapter makes any violation of these provisions within this Code and applicable state or county codes subject to administrative citation and fine(s).

C. This Chapter establishes the procedures for the enforcement, collection, review, and appeal of administrative citations and fine(s) pursuant to Government Code Section 53069.4 and is considered authorized by the City’s general police powers.

D. The issuance of an administrative citation under this Chapter is solely at the City’s discretion and is one option the City has in addressing a violation of this Code and applicable state codes. By adopting this Chapter, the City does not intend to limit its discretion to utilize any other remedy, whether independently or concurrent, civil or criminal actions for such violations that the City may select in a particular case. The procedures established in this Chapter shall be in addition to criminal, civil or any other legal remedies established by law that may be pursued to address violations of this Code and applicable state or county codes. 267
3 E. The City adopts this administrative citation and administrative hearing program in order to achieve the following goals:

1. To protect the public health, safety and welfare of its citizens within the City of Orange;

2. To gain compliance with this Code and those applicable state or county codes, as well as other ordinances and regulations in a timely and efficient manner;

3. To encourage voluntary compliance with the provisions of this Code and applicable state or county codes and to eliminate nuisances for the protection and benefit of the entire community;

4. To provide for an administrative hearing process to appeal the administrative citations and fine(s) that are imposed;

5. To provide a method to hold a person responsible for their failure or refuse to comply with the provisions of this Code or applicable state or county codes, or other ordinances or regulations, or terms and conditions imposed on licenses, permits, or entitlements issued or approved by the City;

6. To minimize the expense and delay where the sole other remedy is to pursue persons or responsible persons in the civil or criminal justice system.

1.10.020 Authority and Scope.

A. The City Manager or designee is authorized to promulgate procedural rules and regulations governing the administration of this Chapter.

B. The City Manager shall have the authority to administer and enforce these provisions of this Chapter.

1. Any person or responsible person violating any provision of this Code or applicable state code may be issued an administrative citation by an officer or official of a department as provided in this Chapter.

2. Whenever an officer or official of a department charged with enforcement authority of this Chapter determines that a person or responsible person is allowing, causing, committing, continuing, permitting or maintaining a violation of this Code, the officer or official may issue an administrative citation.

3. When the violation pertains to building, plumbing, electrical, mechanical or other similar structural or zoning regulations that create an immediate danger to health, safety, or the welfare of the community, a citation may be issued forthwith. 268
4 4. An officer or official of a department may issue a citation for a violation not committed in their presence if it is determined through an investigation that the person or responsible person cited did commit, aid or abet the commission of a violation of this Code.

5. When the violation pertains to sidewalk vending, an administrative citation may only be issued as set forth in Chapter 5.54.

C. The City Manager may dismiss a citation at any time if determination is made that it was issued in error, in which event any deposit of fine(s) shall be refunded. Notice of such action shall be given to the person or responsible person in writing.

D. Any officer or official from a department is hereby authorized to issue an administrative citation to any person or responsible person found in violation of the Code.

1.10.030 Definitions.

The following words and phrases, when used in the context of this chapter, shall have the following meanings:
“Administrative citation” means any citation issued pursuant to this Chapter by an officer or official to any person or responsible person for violation of the Code. “Administrative hearing” means an oral proceeding before a hearing officer regarding the administrative citation.
“Building and safety violation” means any violation of this Code, which may also pertain to building, housing, plumbing, electrical, mechanical or other similar structural or zoning regulations, including regulations or laws set forth in Titles 15, 16 and 17 of this Code. “Building Official” means the manager of building and safety services for the City of Orange.
“Citee” means a responsible person to whom a citation is issued. “City” means the City of Orange.
“City Manager” means the City Manager of the City, or designated representative. “Code” includes: (1) the entire Orange Municipal Code and any other Code or regulation incorporated therein by adoption or reference, (2) any uncodified ordinance adopted by the Orange City Council, and, (3) any and all applicable county and state laws, codes or regulations. “Correction period” means the period of time allowed for a person or responsible person cited to correct a violation shown on an administrative citation and/or notice of violation. “Department” means the department and its division(s) or a director who are responsible for administering the Code. The department may be any of the following: Police Department, 269
5 Community Services Department, Fire Department, Community Development Department, Public Works Department, Finance Department and/or any other department or division authorized to issue administrative citations pursuant to this Chapter. “Director” means a head of a Department, or designee, who is authorized to administer and enforce the Code.
“Hearing Officer” includes a private entity, organization, association or person, or a public official, or duly constituted reviewing authority or commission that the City Manager designates or appoints to consider all timely requests for an administrative hearing upon issuance of a citation. “Officer” or “official” means any City officer, official or employee of a department who is designated by the City Manager with the authority to administer, enforce or regulate the City code or applicable state or county codes, in accordance with the provisions of this Code. “Land use approval” means any approval required for a particular use of land, including, but not limited to permits, licenses, conditional use permits, variances or subdivision maps. “Legal interest” means any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic’s lien or other similar instrument, which is recorded with the county recorder.
“Minor” means minor child under the age of 18.
"Notice of violation" means any form or variations of titles of a written notice provided by any officer or official of a department issued to any person or responsible person to inform such person of violation(s) of the Code and to advise such person of the date that such violation(s) must be corrected in order to avoid the issuance of an administrative citation. “Person” means and includes any natural person, minor, legal entity, owner, firm, association, joint venture, major stockholders, joint stock company, partnership, organization, club, company, corporation, general partners, business, trust, fiduciaries, trustees, heirs, executors, administrators or their manager, lessee, agents, servants, officers, or employee of any of them. “Responsible person” means any person who an officer or official determines is responsible for causing or maintaining a violation of the Code. The term “responsible person” includes, but is not limited to a property owner, tenant, independent contractor, or person in possession of real property, or an owner or authorized agent or person of any business, company or entity, or the holder or the agent of the holder of any land use approval or any other permit, license or entitlement.
“Violation” means an act or omission of any act, or use or condition that constitutes an offense of the Code, as well as a breach or violation of any condition of a permit, approval or license issued pursuant to the Code. A “transient” violation is one that is brief or spontaneous in its commission, or that is not typically confined to a fixed location. A “non-transient” violation is continuing in nature and generally present at one location. 270
6 1.10.040 Administrative Citation.

Any person or responsible person violating any section of this Code that is subject to this Chapter may be issued an administrative citation by an officer or official of a department as provided in this Chapter.

1.10.050 Administrative Citation – Violation.

A. General Code Violation. Any person or responsible person allowing, causing, committing, continuing, permitting or maintaining a Code violation that does not create an immediate danger to health or safety may first be issued a notice of violation with a reasonable correction period within which to correct or otherwise remedy the violation prior to the service of an administrative citation and prior to imposition of administrative fines. The issuance of an administrative citation may be issued by any officer or official of that department after noncompliance with a notice of violation or to a repeat offender of the same offense within a twelve-month period.

1. Each and every day a violation of this Code or applicable state or county code exists constitutes a separate and distinct offense.

2. Any person or responsible person violating any provisions of this Code is subject to being issued an administrative citation by any officer or official from that department.

3. Administrative fine(s) shall be assessed by means of an administrative citation issued by the officer or official and shall be payable directly to the City or its agent.

4. Fine(s) shall be assessed in the amounts specified in Section 1.10.080.

5. Every person or responsible person who applies for and receives a license or permit, or any type of land use approval (e.g., subdivision maps, conditional use permits, variances, etc.) or other entitlement, shall comply with all conditions imposed upon the issuance of the license or permit, or any type of land use approval or other entitlement. If a person violates any condition of such license or permit, or land use approval or other entitlement, they may be issued an administrative citation and be liable for fine(s) under the provisions of this Chapter.

6. The City may take into consideration the fact that a person or reasonable person has been issued an administrative citation when the City is determining whether to grant, modify, suspend, revoke, or deny any license or permit, or any type of land use approval or other entitlement regarding that person or property, and such administrative citations are evidence that the person has committed a violation of the Code.

7. Obligation to correct violation(s). Nothing in this Code shall be interpreted to mean that because a person or responsible person has paid the fine(s) that they are not required to correct the violation(s). Failure to correct the violation(s) may result in additional citations.

B. Building and Safety Code Violation. Any person or responsible person allowing, causing, committing, continuing, permitting or maintaining a Code violation pertaining to 271
7 building, plumbing, electrical or other similar structural or zoning issues that do not create an immediate danger to health or safety may first be issued a notice of violation with a reasonable correction period within which to correct or otherwise remedy the violation prior to the service of an administrative citation and prior to imposition of administrative fines. Notwithstanding the provisions of this Chapter, any person or responsible person may be issued a first administrative citation if the violation continues after the correction period has expired.

1. The person or responsible person issued a notice of violation for a building violation may request an extension of the correction period, provided that a request is filed with the Building Official before the correction period ends. The Building Official may, in their discretion, grant a reasonable extension of the time period to correct the violation, if the person or responsible person has supplied substantial evidence showing that the correction cannot reasonably be made within the correction period indicated on the notice of violation. The filing for such an extension does not, unless granted, extend the correction period or any other time periods set by this Chapter.

2. If a building violation has not been corrected by the end of the correction period, the officer or official has the authority to issue the person or responsible person a second administrative citation for failing to comply with the notice of violation(s). The person or responsible person to whom the notice of violation was issued shall be liable for and shall pay to the City or its agent the fine(s) described in the administrative citation by the date prescribed for payment pursuant to Section 1.10.090.A. A third administrative citation may be issued and additional fine(s) imposed for every day the violation continues uncorrected from the date of issuance of the second administrative citation. The fourth and subsequent violation of the same Code shall be prosecuted as a misdemeanor citation or any other remedy available to the City pursuant to Section 1.10.080.B.

3. Obligation to correct violation(s). Nothing in this Code shall be interpreted to mean that because a person or responsible person has paid the fine(s) that they are not required to correct the violation(s). Failure to correct the violation(s) may result in additional citations.

1.10.060 Content of Administrative Citation.

A. An administrative citation shall contain the following information:

1. Date, approximate time, and address or description of the location where the violation(s) was observed or occurred.

2. The person or responsible person’s date of birth, any state-issued identification number or driver license number, height, weight, hair color, eye color, race, gender and any other description as needed or available.

3. The Code section(s) or condition(s) violated and a brief description of the violation(s).
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8 4. An order to the person or responsible person to correct the violation(s) within the time specified, and an explanation of the consequences of failure to correct the violation(s).

5. The amount of the fine for each violation.

6. If necessary, a brief description of the action required to correct the violation(s).

7. An order prohibiting the continuation or repeat occurrence of the Code violation(s) described in the administrative citation.

8. An explanation of how the fine(s) shall be paid and the time period by which and the place to which it shall be paid.

9. A statement indicating that “Payment of a fine or fines shall not excuse a failure to correct a violation of the Code or Codes cited, nor shall it bar concurrent or further enforcement actions by the City.”

10. Identification of rights of appeal, including the time within which the citation may be appealed and the manner in which to request a hearing to appeal the administrative citation.

11. The name of the officer or official of that department including their employee identification number and, if possible, the signature of the person or responsible person.

The refusal or absence of any person or responsible person to sign a citation shall not affect its validity or related subsequent action or proceeding, nor shall signing a citation constitute an admission that the person has committed a violation of the Code.

B. Any other information deemed necessary for enforcement or collection purposes.

C. Any other information deemed necessary by the City Manager.

1.10.070 Procedure for Serving Administrative Citation.

An administrative citation or notice may be served by any one of the following methods:

A. Personal Service. An officer or official shall attempt to locate and personally serve the person or responsible person and obtain the signature of such person on the administrative citation. If the person or responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or the subsequent proceedings.

B. Service by Mail. If the officer or official is unable to locate or personally serve the person or responsible person, the administrative citation shall be served by first-class mail, postage prepaid, or certified mail with a declaration under penalty of perjury of service by mail executed by the person mailing the administrative citation. The administrative citation shall be addressed 273
9 to the person or responsible person at the address shown on the last equalized property tax assessment rolls for Orange County for a building or property related violation, or to any address known for the responsible person for all other violations. Service by mail shall be deemed to be effective service on the date it is mailed and shall not affect the validity of the administrative citation or of the subsequent proceedings.

C. Service by Posting. If the officer or official is unsuccessful in either personal service or service by mail, the administrative citation shall be posted in a conspicuous place on the real property where the violation occurred. Such posting shall be deemed to be effective service on the date of posting and shall not affect the validity of the administrative citation or of the subsequent proceedings.

D. Service by Publication. If the officer or official does not succeed in serving the person or responsible party personally, by certified mail or regular mail, and the City is not aware that such person has a legal interest in any real property within the City, the officer or official shall cause the administrative citation to be published once a week for four consecutive weeks in a local newspaper published at least once a week.

F. The failure of any person or reasonable person to receive a citation or notice shall not invalidate any fine(s), late charge(s), actions or proceedings that is imposed or brought pursuant to this Chapter, if service was given in a manner stated in this Section.

1.10.080 Administrative Fine
A. General Code Violation. Pursuant to Government Code Section 36900(b), fine(s) associated with the issuance of an administrative citation for violations of a City ordinance are hereby adopted. A misdemeanor citation may be issued to any person or responsible person who has committed a fourth or subsequent violation of the same Code within one year from the date of the first administrative citation or the City may at its discretion utilize any additional remedies available in seeking compliance.

B. Building and Safety Code Violation. Pursuant to Government Code Section 36900(c), fine(s) associated with the issuance of an administrative citation for violations of a Building and Safety Code are hereby adopted. A misdemeanor citation may be issued to any person or responsible person who has committed a fourth or subsequent violation of the same Code within one year from the date of the first administrative citation or the City may at its discretion utilize any additional remedies available in seeking compliance.

C. Sidewalk Vending Permit Violation. Fine(s) and penalty(ies) pursuant to Government Code Section 51039(a)(1), (2) and (3)(A), for an administrative citation for a Sidewalk Vending Permit violation are hereby adopted and regulated under Chapter 5.54 of the Code.

D. The amounts of the fines imposed and the administrative citation processing fee pursuant to this Chapter shall be as established by resolution of the City Council. The City Council may, by resolution, also impose escalating fines in amounts it deems appropriate for repeat offenses of the same violation.
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10 1.10.090 Payment of Administrative Fine.

A. The fine(s) and the administrative citation processing fee shall be paid to the City or its agent within twenty-one (21) days from the date of service of the administrative citation.

B. If the fine in any administrative citation is not paid within the time prescribed in Section 1.10.090.A, a late payment fee shall be charged in an amount of 30% percent of assessed fine(s) ten (10) days after the due date; an additional 50% percent after twenty (20) days; and an additional 100% percent after thirty (30) days.

C. Any administrative citation fine(s) paid pursuant to Section 1.10.090.A shall be refunded in accordance with Section 1.10.160, if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation, the citation was issued in error, or that there was no violation as charged in the citation.

D. Payment of any fine(s) under this Chapter shall not excuse or discharge any continuation, or repeated occurrence of any violation(s) that is the subject of the administrative citation, nor shall it bar further enforcement action by the City.

E. A responsible person who has been issued a second or multiple additional fine(s) for violations of the same Code within one year may apply for a hardship waiver to reduce the amount of the fine(s), which will be granted upon a showing that the responsible person has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine(s) would impose an undue financial burden. Any person wishing to apply for a hardship waiver must timely complete a hardship waiver form and deliver it, together with any supporting documents within twenty-one (21) days from the date of service of the administrative citation(s), to the Code Compliance Division of the Community Development Department. Once a completed hardship waiver form is received, payment of any owed fine(s) is stayed until a written determination on the application is issued. The Community Development Director may request additional documentation or information regarding the request prior to issuing a determination. A determination may be to grant in full, grant in part, or deny the application for a hardship waiver.

Any amount of the fine(s) determined by the Director shall be remitted to the City or its agent within ten (10) days of receipt of the Director’s written decision. Such a determination shall be final. The failure of any responsible person to timely submit all requested additional documentation and information shall be deemed a failure to exhaust the responsible person's administrative remedies with regard to any reductions of the fine(s).

F. The City may use all available legal and equitable remedies to collect any past due fine(s) and any other related costs.

G. No waiver. Under no circumstances shall the payment of the fine designated in the administrative citation constitute a waiver of the citee's right to a hearing. Therefore, a citee may pay the fine within the twenty-one days from the date of service of the administrative citation and appeal period and also obtain a hearing to protest the imposition of the fine, provided that the citee makes a timely request for a hearing.
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11 1.10.100 Request for Administrative Hearing.

A. Any person or responsible person to whom an administrative citation was issued may appeal the citation no later than twenty-one (21) days from the date of service of the administrative citation by:

1. Attaching a written document which shall contain the following information and submitting it along with the citation within such prescribed period; a. The citation number;
b. The name, address, telephone, and email, of each person appealing the citation;
c. A statement of the reason(s) why a citation is being appealed; d. The date and signature of each person appealing the citation.

2. Filing the appeal of the administrative citation and paying the administrative citation appeal fee with the City or its agent.

B. The amount of the administrative citation appeal fee imposed pursuant to this Chapter shall be as established by resolution of the City Council.

C. The person requesting the hearing shall be notified by certified mail, return receipt requested, or posting of the time and place of the hearing at least ten (10) days before the date of the hearing. Any documentation, other than the administrative citation, which the officer or official has submitted or will submit to the hearing officer shall be served on the person requesting the hearing pursuant to Section 1.10.070, at least five (5) days before the date of the hearing.

1.10.110 Time for Administrative Hearing.

Only after a request for hearing has been filed and the appeal fee paid shall the City or its agent set the place, date and time for the administrative hearing. The hearing shall be set for a date not less than fifteen (15) days nor more than sixty (60) days after the request for hearing has been filed. The City shall send notice of the date, time, and place of the hearing to the person requesting the hearing by certified mail, return receipt, or posting at least ten (10) days before the date of the hearing.

1.10.120 Request for Continuance of Hearing.

The person or responsible person requesting a hearing may request one continuance, but in no event may the hearing begin later than sixty (60) days after the original request for hearing form has been filed.
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12 1.10.130 Appointment of Administrative Hearing Officer.

The City Managershall designate the hearing officer for the administrative citation hearing.

The hearing officer shall not be a City employee. The employment, performance evaluation, compensation and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative citation fine(s) upheld by the hearing officer.

1.10.140 Procedures at Administrative Hearing.

A. No hearing to appeal an administrative citation before a hearing officer shall be held unless and until a request for hearing and appeal fee has been completed.

B. The hearing officer shall only consider evidence that is relevant to whether the person or responsible person is allowing, causing, committing, continuing, permitting or maintaining a violation of the Code or other applicable state or county code on the date(s) specified in the administrative citation.

C. The person appealing the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.

D. The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a failure of such person’s rights to exhaust their administrative remedies and they may be ordered to pay such fine(s) forthwith.

E. The administrative citation and any additional documents submitted by the officer or official shall constitute prima facie evidence of the respective facts contained in those documents.

F. If the officer or official submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report shall also be provided to the person requesting the hearing at least five (5) days prior to the date of the hearing.

G. At least ten (10) days prior to the hearing, the recipient of an administrative citation shall be provided with copies of the citation(s), report(s) and any other document(s) submitted or relied upon by the officer or official. No other discovery is permitted. Formal rules of evidence shall not apply.

H. The hearing officer may continue the hearing and request additional information from the officer or official, and/or the recipient of the administrative citation prior to issuing a written decision.

1.10.150 Failure to Attend Administrative Hearing.

If the person or responsible person fails to attend the scheduled hearing, the hearing will proceed without the person or responsible person, and they will be deemed to have waived their right to an administrative hearing. Notwithstanding this waiver and the time limits set forth in 277
13 Section 1.10.110, if service of the administrative citation is made by posting of the citation on real property within the city or state in which the person or responsible person has a legal interest, and the person or responsible person provides verifiable and substantial evidence that removal of the administrative citation from the property by a third party caused the person or responsible person’s failure to attend the scheduled hearing then the such person shall be entitled to an administrative hearing.

1.10.160 Decision of Administrative Hearing Officer.

No later than ten (10) days after the date on which the administrative hearing concludes, the hearing officer shall issue a written decision to uphold or cancel the administrative citation.

The hearing officer shall set forth the reason(s) for the decision. The decision shall be served upon the person or responsible person by the applicable method set forth in Section 1.10.070. If the hearing officer upholds the administrative citation and the fine(s) have not been deposited then the hearing officer shall specify in the decision a payment schedule for which the fine(s) are to be paid to the City or its agent. If such person fails at any point to pay the fine(s) as conditioned by the hearing officers, then the City or its agent may pursue collections of any amount due pursuant to Section 1.10.180. The hearing officer’s written decision is final and shall notify the person or responsible person of their right to appeal as provided in Section 1.10.190.

1.10.170 Late Payment Charges.

Any person who fails to pay on or before the due date any administrative fine(s) imposed pursuant to the provisions of this Chapter, shall be liable for the payment of any applicable late payment fee set forth in Section 1.10.090.B.

1.10.180 Collection of Administrative Fine.

A. The City or its agent may collect any past due administrative fine(s) or late payment fees by use of any available legal means.

B. Unpaid administrative fines and other charges, fees, or costs imposed in accordance with this Chapter shall constitute a debt that may be collected in any manner allowed by law, including, but not limited to the recordation of a lien (secured or unsecured) with the County Recorder’s Office and/or with the California Franchise Tax Board “Inter-Agency Offset Program” (pursuant to Section 12419.10 of the Government Code).

C. The City shall be entitled to recover its attorney fees and costs arising from an action to collect an administrative fine and other charges, fees, or costs imposed in accordance with this Chapter if it is the prevailing party and provided it made the election to seek attorney fees at the commencement of the action. A citee shall be entitled to recover their attorney fees if the City made the election to seek attorney fees at the outset of the action and the citee prevails thereon.

D. The administrative citation process described in this Chapter does not preclude the City from recovering any costs incurred by the City in performing its code compliance efforts pursuant to the Code, including, but not limited to, abatement costs and re-inspection fees. 278
14 E. The parent or legal guardian of any person who is a minor shall be liable for any fine(s) imposed upon the minor pursuant to the provisions of this Chapter. Any such fine(s) may be collected from the minor, parent or guardian.

F. The City may withhold, or refuse to issue, extend, or renew any City permit, license, or other City approval to any person, who has unpaid delinquent fine(s), interest, fees, liens or assessments due under this Chapter related to the permit, license, or approval.

1.10.190 Appeal of Decision of Administrative Hearing Officer.

A. Any person aggrieved by an administrative decision of the hearing officer may seek judicial review of the administrative hearing decision by filing an appeal with a court of competent jurisdiction in accordance with the timelines and provisions set forth in Government Code Section 53069.4(b)(1). The aggrieved person filing the appeal shall be responsible for paying the statutory filing fee to the Superior Court when the appeal is filed. The person or responsible person shall serve upon the City Clerk either in person or by first class mail a copy of the notice of appeal. If the person or responsible person fails to timely file a notice of appeal with the court, the hearing officer’s decision shall be deemed confirmed.

B. No appeal is permitted from an administrative decision regarding:

1. A request for preliminary administrative citation review or hardship waiver;

2. An extension of the thirty (30) calendar day correction period for building violations;

3. A decision that the responsible person is deemed to have abandoned the appeal of the administrative citation or fine(s) due to their failure to appear at the administrative hearing or failure to deposit the fine.

C. Any appeal to the Superior Court shall require the appealing person to deposit the fine(s) listed on the citation with the City or its agent prior appearing at the court hearing.

D. The city attorney shall forward to the Superior Court within fifteen (15) calendar days of its request, the pertinent administrative citation documents for any case appealed to that court. If the Superior Court cancels any administrative citation, the City shall refund any fine(s) deposit made within thirty (30) calendar days of its receipt of the court’s decision.

1.10.200 Failure to Pay an Administrative Fine.

It is unlawful for any person or responsible person to fail to pay an administrative fine in violation of this Chapter. The filing of a criminal action does not preclude the City from using any other legal remedies available to gain compliance with the administrative order or provisions contained in this Chapter.
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15 SECTION III:

SECTION IV:

The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.

ADOPTED this ____ day of ___________________, 2023.

Daniel R. Slater, Mayor, City of Orange
ATTEST:

Pamela Coleman, City Clerk, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 28th day of March, 2023, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 2023 was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
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Agenda Item
City Council
Item #: 3.15. 4/11/2023 File #: 23-0170
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize sole source purchase and installation of four Opticom GPS Emergency Vehicle Preemption systems from DDL Traffic, Inc.

2. SUMMARY
Emergency vehicle preemption systems are critical for reducing emergency response times, and four additional units are being proposed for deployment. Since 2012, the Orange City Fire Department has successfully relied on GPS-based emergency vehicle preemption systems manufactured by Global Traffic Technologies, LLC. The product is only available through DDL Traffic, Inc., therefore warranting a sole source procurement. The sole sourcing of this equipment has been previously approved by the City Council.

3. RECOMMENDED ACTION
Approve the sole source purchase and installation of four Opticom GPS Emergency Vehicle Preemption systems from DDL Traffic, Inc. for an amount not to exceed $44,000.

4. FISCAL IMPACT
The total expenditure for this purchase is $44,000 and will be funded in Signal Pre-Emption Installation (12406) through Fire Facility Fees (560).

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
Emergency vehicle preemption (EVP) systems assist the Orange City Fire Department’s emergency response vehicles through signalized intersections by providing temporary right-of-way. When activated, the traffic signal controller assigns or holds a green light to the requesting Fire Department vehicle, allowing it to pass through the intersection. During the period when the Fire Department vehicle is given the right-of-way, all conflicting traffic is stopped via red lights, minimizing driver confusion, and reducing potential accidents at the affected intersection.

Since 2012, the City of Orange has been utilizing Opticom GPS Emergency Vehicle Preemption City of Orange Page 1 of 2 Printed on 4/5/2023 powered by Legistar™281
Item #: 3.15. 4/11/2023 File #: 23-0170
Since 2012, the City of Orange has been utilizing Opticom GPS Emergency Vehicle Preemption (Opticom EVP) equipment manufactured by Global Traffic Technologies, LLC (GTT). The Opticom EVP system, selected for its reliability and capabilities, has been previously approved as the single source EVP system for use at traffic signals throughout the City. The product is only available through DDL Traffic, Inc., therefore warranting a sole source procurement. The sole sourcing of this equipment has been previously approved by the City Council and this sole source specification is a continuation of that policy.

To date, 97 of the City’s 158 signalized intersections have been equipped with EVP capabilities. As part of an ongoing effort to target additional intersections that would benefit from EVP, the Public Works Department, with the concurrence of the Fire Department, proposes to install EVP devices at four signalized intersections as follows:

1. La Veta Avenue and Parker Street

2. Meats Avenue and Cambridge Street

3. Batavia Street and Palm Avenue

4. Batavia Street and Struck Avenue
Staff recommends the purchase and installation of Opticom EVP systems for the above signalized intersections. Continuing with the Opticom EVP system achieves consistency with existing signal infrastructure and maintenance efficiency, and DDL Traffic, Inc. is the only authorized vendor for the product. DDL Traffic, Inc. will also install the EVP system and provide any needed technical support.

The scope of work includes the installation of the detection devices on existing signal poles or mast arms, running detector cables to the traffic signal controller, and installation of the GPS components in the traffic controller cabinets.

The total amount of the procurement and installation is not to exceed $44,000.

7. ATTACHMENTS
· Vicinity Map
· DDL Traffic, Inc. Quote
· Sole Source Letter from Global Traffic Technologies, LLC City of Orange Page 2 of 2 Printed on 4/5/2023
powered by Legistar™282
Agenda Item
City Council
Item #: 3.15. 4/11/2023 File #: 23-0170
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize sole source purchase and installation of four Opticom GPS Emergency Vehicle Preemption systems from DDL Traffic, Inc.

3. RECOMMENDED ACTION
Approve the sole source purchase and installation of four Opticom GPS Emergency Vehicle Preemption systems from DDL Traffic, Inc. for an amount not to exceed $44,000.

4. FISCAL IMPACT
The total expenditure for this purchase is $44,000 and will be funded in Signal Pre-Emption Installation (12406) through Fire Facility Fees (560).

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.

Since 2012, the City of Orange has been utilizing Opticom GPS Emergency Vehicle Preemption City of Orange Page 1 of 2 Printed on 4/5/2023 powered by Legistar™283
Item #: 3.15. 4/11/2023 File #: 23-0170
Since 2012, the City of Orange has been utilizing Opticom GPS Emergency Vehicle Preemption (Opticom EVP) equipment manufactured by Global Traffic Technologies, LLC (GTT). The Opticom EVP system, selected for its reliability and capabilities, has been previously approved as the single source EVP system for use at traffic signals throughout the City. The product is only available through DDL Traffic, Inc., therefore warranting a sole source procurement. The sole sourcing of this equipment has been previously approved by the City Council and this sole source specification is a continuation of that policy.

1. La Veta Avenue and Parker Street

2. Meats Avenue and Cambridge Street

3. Batavia Street and Palm Avenue

The total amount of the procurement and installation is not to exceed $44,000.

7. ATTACHMENTS
· Vicinity Map
· DDL Traffic, Inc. Quote
· Sole Source Letter from Global Traffic Technologies, LLC City of Orange Page 2 of 2 Printed on 4/5/2023
powered by Legistar™284
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DDL TRAFFIC INC. QUOTE
AGENCY PROJECT BID DATE INTERSECTION BID ITEM QTY. COST EA. TOTAL City of Orange Signal Pre-Emption 3/1/23 La Veta/Parker w/GPS Opticom Meats/Cambridge
Batavia/Palm AB-0155 Pelco Clamp 4 $85.00 $340.00
Batavia/Struck Opticom GPS Cable (500’) 4 $850.00 $3,400.00 768 Aux. Harness 4 $705.00 $2,820.00
GTT 764 Phase selector 4 $3,150.00 $12,600.00
GTT GPS 3100 Intersection Antenna 4 $3,125.00 $12,500.00 760 Opticom Card Rack 4 $560.00 $2,240.00
Installation & Tech Support per Intersection 4 $1,850.00 $7,400.00 Total $41,300.00
*Quote Good for 120 Days Total: $41,300.00
Sales Tax (7.75%) $2,627.25
Rosalie Harvey
626-226-8844-Cell Total Cost: $43,927.25
[email protected]
www.ddltraffic.com
1 286
Global Traffic Technologies, LLC • 7800 Third Street North • St. Paul, Minnesota 55128-5441 p 651-789-7333 • f 651-789-7334 • www.gtt.com
March 2, 2023
To Whom It May Concern:

This letter is being sent in response to your request regarding the Opticom™ priority control system. Opticom is manufactured by Global Traffic Technologies, LLC (GTT). Since 1968, Opticom has been the standard in priority control, now totaling more than 3,100 customers, 90,000+ intersections and 90,000+ vehicles worldwide. Worth noting, GTT’s Opticom system is used in 48 of the 50 largest U.S. cities, amongst many other deployments in Canada, Europe, Asia-Pacific and the Middle-East.

GTT invests heavily in research and development, to ensure its customers always receive the best value and most feature-rich solutions when buying priority control. This effort has led to more than 100 patents, either granted or in-process.

While the topic of a mixed system sometimes emerges, please note that GTT designs, develops and tests each Opticom component as part of a “matched component system.” This means that “mixing” non-Opticom components raises concerns, including:
x Security is accomplished through Opticom’s proprietary design, which prevents unauthorized use of the system. Mixing components would significantly reduce or even eliminate the security measures GTT has built into the Opticom solution x Mutual aid to and/or from surrounding communities depends on compatibility amongst signal priority solutions. The use of Opticom components with non-Opticom components has not been designed for or tested by GTT
x Proper testing of compatibility would require inclusion of all of the potential operating scenarios (temperature, humidity, electrical and accelerated life) and third-parties.

Further, testing would need to be repeated each time an Opticom or third-party component was updated, making testing impractical. While the Opticom matched component system is guaranteed, mixing Opticom components with non-Opticom components voids the warranty of the connected Opticom components and transfers the liability of any such incompatibility from the manufacturer to the customer x The Opticom model 764 phase selector is not compatible with other brands’ GPS emitters
287
Global Traffic Technologies, LLC • 7800 Third Street North • St. Paul, Minnesota 55128-5441 p 651-789-7333 • f 651-789-7334 • www.gtt.com
x The Opticom Central Management Software is a proprietary software program for the Opticom system that is not compatible with any other vendor’s equipment or software For the above reasons, GTT strongly recommends keeping the Opticom system whole.

In southern California, DDL Traffic, Inc., is the authorized dealer for GTT. There are currently no other authorized dealers of GTT’s products in this region and GTT is the solesource provider/manufacturer of Opticom products.

Please contact GTT or DDL if you have further questions or if you require additional detail. GTT and/or DDL will also provide a list of references if you’d like to talk with others about this topic.

Sincerely,
Daniel C. Dolsky
ůŝĞŶƚ^ĞƌǀŝĐĞƐManager
Global Traffic Technologies, LLC.
;ϲϱϭͿ ϳϴϵͲϳϯϰϬ
288
Agenda Item
City Council
Item #: 3.16. 4/11/2023 File #: 23-0175
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize sole source purchase of four traffic signal controller cabinets from Econolite Control Products, Inc.

2. SUMMARY
Traffic signal controller cabinets are an essential element at signalized intersections, housing traffic signal hardware and protecting the associated electrical components from exposure. The use of Econolite Control Products, Inc. traffic signal controller cabinets is necessary to achieve consistency and compatibility with the City’s existing traffic signal infrastructure, therefore warranting sole source procurement.

3. RECOMMENDED ACTION
Approve the sole source purchase of four traffic signal controller cabinets from Econolite Control Products, Inc. for an amount not to exceed $84,525.

4. FISCAL IMPACT
The total expenditure for this purchase is $84,525 and will be funded in Traffic Signal Controller Changeout (16305) through:

Capital Projects (500) $57,673
Gas Tax Maintenance (270) 26,852
Total: $84,525

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

6. DISCUSSION AND BACKGROUND
Traffic signal controller cabinets serve two primary functions: to protect sensitive electrical components from exposure and provide capacity to house traffic signal hardware needed to expand functionality. Maintaining serviceable condition of field traffic signal equipment, including controller cabinets, is critical for ensuring a safe and efficient transportation system.

Staff has successfully taken advantage of various opportunities, including federal/state grants and Measure M2 funding, to upgrade aging traffic signal controllers and will continue to do so moving City of Orange Page 1 of 2 Printed on 4/6/2023 powered by Legistar™289
Item #: 3.16. 4/11/2023 File #: 23-0175
Measure M2 funding, to upgrade aging traffic signal controllers and will continue to do so moving ahead. However, there remains a number of intersections that, due to lack of regional significance and other factors, are ineligible or unlikely to be funded through these external sources. As a result, some legacy equipment requires replacement through other funding methods. In 2021 the City Council approved the purchase of eight traffic signal controller cabinets for replacement and installation at various intersections throughout the City. As part of this ongoing effort to replace older equipment, four traffic signal controllers are being recommended for purchase at the following signalized intersections:

1. Batavia Street and Fletcher Avenue

2. Glassell Street and Sycamore Avenue

3. Batavia Street and Grove Avenue

4. Chapman Avenue and Manchester Avenue
To achieve consistency and compatibility with existing signal infrastructure, staff recommends the purchase of traffic signal controller cabinets manufactured by Econolite Control Products, Inc. (Econolite), the sole provider and distributor of Econolite products in California, therefore warranting a sole source procurement.

The total amount of the procurement and installation is not to exceed $84,525. In order to minimize expenditures, the installation (replacement) of the traffic signal controller cabinets will be performed by either City staff or an on-call traffic signal maintenance contractor.

7. ATTACHMENTS
· Econolite Quote
· Sole Source Letter from Econolite
City of Orange Page 2 of 2 Printed on 4/6/2023
powered by Legistar™290
Agenda Item
City Council
Item #: 3.16. 4/11/2023 File #: 23-0175
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize sole source purchase of four traffic signal controller cabinets from Econolite Control Products, Inc.

3. RECOMMENDED ACTION
Approve the sole source purchase of four traffic signal controller cabinets from Econolite Control Products, Inc. for an amount not to exceed $84,525.

4. FISCAL IMPACT
The total expenditure for this purchase is $84,525 and will be funded in Traffic Signal Controller Changeout (16305) through:

Capital Projects (500) $57,673
Gas Tax Maintenance (270) 26,852
Total: $84,525

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

Staff has successfully taken advantage of various opportunities, including federal/state grants and Measure M2 funding, to upgrade aging traffic signal controllers and will continue to do so moving City of Orange Page 1 of 2 Printed on 4/6/2023 powered by Legistar™291
Item #: 3.16. 4/11/2023 File #: 23-0175
Measure M2 funding, to upgrade aging traffic signal controllers and will continue to do so moving ahead. However, there remains a number of intersections that, due to lack of regional significance and other factors, are ineligible or unlikely to be funded through these external sources. As a result, some legacy equipment requires replacement through other funding methods. In 2021 the City Council approved the purchase of eight traffic signal controller cabinets for replacement and installation at various intersections throughout the City. As part of this ongoing effort to replace older equipment, four traffic signal controllers are being recommended for purchase at the following signalized intersections:

1. Batavia Street and Fletcher Avenue

2. Glassell Street and Sycamore Avenue

3. Batavia Street and Grove Avenue

7. ATTACHMENTS
· Econolite Quote
· Sole Source Letter from Econolite
City of Orange Page 2 of 2 Printed on 4/6/2023
powered by Legistar™292
Quotation
1250 N. Tustin Ave. Anaheim, Ca. 92807
econolite.com/feedback

Page 1 ends

3/10/2023
To:

Item # Part Qty Description Tariff Price per Extended
1 CAB18771P 1 BATAVIA ST @ FLETCHER/PRIVATE ST CABINET
TS2-2 PNG P44 BM 16 HORIZ CAB IN/OUT-WHITE
INCLUDES THE FOLLOWING:
1 CABINET 55", PAINT IN/OUT SAME
2 LIP, REAR, SHELF, P44/R77
1 DRAWER, DOOR MOUNTED,
1 THERMOSTAT KTS 011 (NO)
4 ANCHOR BOLT, 18 X 3/4 X 2.5
1 FILTER AIR 12 X 16 X 1
2 SHELF, STANDARD, P44/R77
1 DUAL FAN PANEL
1 LOCK, CABINET, DEAD BOLTWITH 2 KEYS,
CORBIN
1 LOCK, SUB TREASURY, BEVEL BOLTW/2 KEYS
LONG 04266
1 LED, T12 SIGN LAMP, 8 WATT

DETECTION
1 PANEL, LOOP INTERFACE
1 DETECTOR RACK, TS2 16 CH
MISC
2 CKBKR 10A 1P 120/240V
1 CIRCUIT BRKR, 15A, 1P 120/240V
1 IC, MEMORY, TOKEN
1 SURGE PROTECTOR AC 120V
1 CIRCUIT BRKR, 20A 1P 120/240V

PLUG-INS
1 MMU2-16LEip-E W/ETHERNET PORT
6 FLASH TRANSFER RELAY
16 LOAD SWITCH W/INPUT IND, SSR
1 FLASHER, 2 CKT 15A SOLID STATE
1 PWR SUPPLY, 5 AMP EDI PS-250-E

SUB-ASSEMBLIES
2 POWER STRIP, 4 OUTLET, 15 AMP
1 STAGGERED DUAL BUSS BARAC NEUTRAL, BOTH
RAISED
5 CABLE, SDLC BUSS TO 15M
1 HUB, SDLC, 5-CONNECTOR
1 POWER AUX PANEL, TS2
1 ASSY, LOAD RESISTOR
$40.33 $17,552.19 $17,552.19
Jimmy Rocha
Orange, CA; City of
Quote Name: Cabinets Quote
Project Reference:

Econolite Reference: Q-38894-04EA
293
Quotation
1250 N. Tustin Ave. Anaheim, Ca. 92807
econolite.com/feedback

Page 2 ends

1 BIKE PUSH BUTTON PANEL
1 BUS INTERFACE UNIT 3.0
1 MAIN PANEL, TS1 PNG
1 POLICE/AUX SWITCH PANEL
4 PED PB ISOLATION UNIT
1 POWER BUSS PANEL, 6 CONN

ECONOLITE SYSTEMS CABINET TESTING
2 CAB18771P 1 GLASSELL ST @ SYCAMORE AVE CABINET
TS2-2 PNG P44 BM 16 HORIZ CAB IN/OUT-WHITE
INCLUDES THE FOLLOWING:
1 CABINET 55", PAINT IN/OUT SAME
2 LIP, REAR, SHELF, P44/R77
1 DRAWER, DOOR MOUNTED,
1 THERMOSTAT KTS 011 (NO)
4 ANCHOR BOLT, 18 X 3/4 X 2.5
1 FILTER AIR 12 X 16 X 1
2 SHELF, STANDARD, P44/R77
1 DUAL FAN PANEL
1 LOCK, CABINET, DEAD BOLTWITH 2 KEYS,
CORBIN
1 LOCK, SUB TREASURY, BEVEL BOLTW/2 KEYS
LONG 04266
1 LED, T12 SIGN LAMP, 8 WATT

PLUG-INS
1 MMU2-16LEip-E W/ETHERNET PORT
6 FLASH TRANSFER RELAY
16 LOAD SWITCH W/INPUT IND, SSR
1 FLASHER, 2 CKT 15A SOLID STATE
1 PWR SUPPLY, 5 AMP EDI PS-250-E

SUB-ASSEMBLIES
2 POWER STRIP, 4 OUTLET, 15 AMP
1 STAGGERED DUAL BUSS BARAC NEUTRAL, BOTH
RAISED
5 CABLE, SDLC BUSS TO 15M
1 HUB, SDLC, 5-CONNECTOR
1 POWER AUX PANEL, TS2
1 ASSY, LOAD RESISTOR
1 BIKE PUSH BUTTON PANEL
1 BUS INTERFACE UNIT 3.0
1 MAIN PANEL, TS1 PNG
1 POLICE/AUX SWITCH PANEL
$40.33 $17,552.19 $17,552.19
294
Quotation
1250 N. Tustin Ave. Anaheim, Ca. 92807
econolite.com/feedback

Page 3 ends

Orange City CouncilApril 11, 2023

Orange City Council
April 11, 2023