Agenda packet — Orange City Council, October 24, 2023 (part 1 of 3)

Tom Kisela
City Manager
Mike Vigliotta
City Attorney
Pamela Coleman
City Clerk

DAN SLATER
Mayor

ARIANNA BARRIOS
Mayor pro tem, District 1

JON DUMITRU
Councilmember, District 2

KATHY TAVOULARIS
Councilmember, District 3

DENIS BILODEAU
Councilmember, District 4

ANA GUTIERREZ
Councilmember, District 5

JOHN GYLLENHAMMER
Councilmember, District 6
AGENDA
City Council
October 24, 2023
5:00 PM Closed Session
6:00 PM Regular Session
City Council Chamber
300 E. Chapman Avenue
Orange, CA 92866
The City of Orange City Council welcomes you to this meeting and encourages your participation. Regular City Council meetings are held on the second and fourth Tuesday of each month at 6:00 p.m.

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

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

Pursuant to Government Code Section 54954.3, members of the public may address the City Council on any agenda item before or during Council ’s consideration of the item, and on any other matters within the City Council’s jurisdiction by using any of the following methods:
1) In-Person
To speak on an item on the agenda, complete a speaker card indicating your name, address, and identify the agenda item number or subject matter you wish to address. The card should be given to the City Clerk prior to the start of the meeting. General comments are received during the “Public Comments” section at the beginning of the Regular Session. No action may be taken on off -agenda items unless authorized by law .

Public Comments are limited to three (3) minutes per speaker unless a different time limit is announced. It is requested that you state your name for the record, then proceed to address the City Council. All speakers shall observe civility, decorum, and good behavior.
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1 City Council Agenda October 24, 2023
2) Written Public Comments via eComment
Members of the public can submit their written comments electronically for City Council consideration by using the eComment feature on the Agenda page of the City's website at www .cityoforange.org. To ensure distribution to the City Council prior to consideration of the agenda, we encourage the public to submit written comments by 3:00 p.m. the day of the meeting. All written comments will be provided to the Council for consideration and posted on the City’s website after the meeting. 3) Public Comments via recorded voicemail message
Finally, the public can record their comments by calling (714) 744-2234 no later than 5:00 p.m. the day of the meeting. Recorded messages will not be played at the meeting, but will be provided to the Council.

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

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

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

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

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2 City Council Agenda October 24, 2023
5:00 PM CLOSED SESSION

1. CALL TO ORDER

1.1 ROLL CALL

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

3. RECESS TO CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) (Two potential cases)
b. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) - One case In re Aqueous Film-Forming Foams Products Liability Litigation United States District Court Case No. 2:18-mn-02873
c. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
City Negotiator: Tom Kisela, City Manager
Employee Organizations: Orange Maintenance and Crafts Employees’ Association, Orange Management Association, Orange Municipal Employees’ Association, and Water Division Employees’ Association

4. CLOSED SESSION REPORT

5. ADJOURNMENT
The City Council will adjourn to the 6:00 p.m. Regular Session in the Council Chamber.

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3 City Council Agenda October 24, 2023
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER

1.1 INVOCATION
Pastor Thomas Copple, Spirit & Truth Worship Center

1.2 PLEDGE OF ALLEGIANCE
Councilmember Denis Bilodeau

1.3 ROLL CALL

1.4 PRESENTATIONS/ANNOUNCEMENTS
Memorial Adjournment in honor of Wayne King

1.5 REPORT ON CLOSED SESSION ACTIONS

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

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

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

Approve.

Recommended Action:

Staff ReportAttachments:

3.2. Approval of minutes of the City of Orange City Council Regular Meeting held on September 26, 2023; Adjourned Regular Meeting held on October 3, 2023; and Regular Meeting held on October 10, 2023.

Approve minutes as presented.

Recommended Action:

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4 City Council Agenda October 24, 2023
Staff Report
September 26, 2023, Regular Meeting minutes
October 3, 2023, Adjourned Regular Meeting minutes
October 10, 2023, Regular Meeting minutes
Attachments:

3.3. Agreement with Grindline Skateparks, Inc. for design services for the Capital Improvement Project Skate Park at Grijalva Park.

Approve agreement with Grindline Skateparks, Inc. in the amount of $ 267,690.50 for design services for the Skate Park at Grijalva Park project (20519); and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Proposal Abstract Summary
Professional Services Agreement with Grindline Skateparks, Inc Attachments:

3.4. Agreement with Moore Iacofano Goltsman, Incorporated, dba MIG, Inc. for design services for the Capital Improvement Project New Park in West Orange.

1. Approve agreement with MIG, Inc. in the amount of $245,963.30 for design services for New Park in West Orange (20513); and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $20,963.30 in unreserved Park Acquisition (Infill) (510) fund balance to expenditure account 510.7021.56020.20513 - CIP New Park in West Orange.

Recommended Action:

Staff Report
Proposal Abstract Summary
Professional Services Agreement with MIG, Inc.

Attachments:

3.5. Agreement with RLA Conservation, LLC for Plaza Park Fountain Conservation Treatment.

1. Approve the agreement with RLA Conservation, LLC in the amount of $104,005 for conservation treatment of the Plaza Park fountain; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $75,000 from the Park Acquisition (Infill) fund (510) unreserved fund balance to expenditure account 510.7021.56020.20531 - CIP-Bldg & Improv-Plaza Fountain Repair.

Recommended Action:

Staff Report
Agreement with RLA Conservation, Inc.

Attachments:

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5 City Council Agenda October 24, 2023

3.6. Agreement with Davis Farr, LLP for accounting services.

Approve the agreement with Davis Farr, LLP in the amount of $ 80,000 for accounting services; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Professional Services Agreement with Davis Farr, LLP
Attachments:

3.7. Third Amendment to License Agreement with the County of Orange for use of office space at Fire Station No. 7/Orange Police Substation.

Approve the Third Amendment to License Agreement with the County of Orange for use of office space at the Station; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Third Amendment to License Agreement with the County of Orange Attachments:

3.8. Approve the appropriation of funds for Police Headquarters (HQ) Lobby Roof and Heating, Ventilation, and Air Conditioning (HVAC) Rehabilitation project.

Authorize the appropriation of $ 170,000 from Fund 553, Capital Bond Proceeds unreserved fund balance to expenditure account number 553.5028.56020.20444, Police HQ Atrium Rehabilitation.

Recommended Action:

Staff ReportAttachments:

3.9. Claims for Damages.

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

1. Martha Navarro

2. Luis Pizano

3. Elaine Boschetti

4. Ann Boggs

5. Rodrigo Soares Dearaujo
Recommended Action:

Staff ReportAttachments:

3.10. Authorize purchase of cartridge filters and O -rings for PFAS treatment systems from various vendors.

Approve purchase orders for PFAS cartridge filters and O -rings in the amount of $300,000 with PDDA Filtration System, $ 100,000 with Towner Filtration, and $ 100,000 with Pure Process Filtration for a total amount of $500,000.

Recommended Action:

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Staff ReportAttachments:

3.11. Authorize the purchase of six vehicles for various Departments through a Cooperative Purchasing Agreement.

Approve the purchase of four Ford F -150s and two Dodge Durangos from Nation Auto Fleet Group in the amount of $252,763.

Recommended Action:

Staff ReportAttachments:

3.12. Adoption of a Resolution approving the submittal of project funding applications to the Orange County Transportation Authority for competitive Measure M 2 Regional Traffic Signal Synchronization Program. Resolution No. 11496.

Adopt Resolution No. 11496. A Resolution of the City Council of the City of Orange approving the submittal of improvement projects to the Orange County Transportation Authority for funding under the competitive Measure M 2 Regional Traffic Signal Synchronization Program.

Recommended Action:

Staff Report
Resolution No. 11496
Map of Kraemer Boulevard/Glasell Street/Grand Avenue RTSSP Corridor
Map of Ball Road/Taft Avenue RTSSP Corridor
Attachments:

3.13. Adoption of a Resolution certifying that the City of Orange has the resources to fund the projects in the Federal Fiscal Years 2024/25-2029/30 transportation improvement program and affirms its commitment to implement all projects in the program. Resolution No. 11497.

Adopt Resolution No. 11497. A Resolution of the City Council of the City of Orange which certifies that the City of Orange has the resources to fund the projects in the FFY 2024/25-2029/30 Transportation Improvement Program and affirms its commitment to implement all projects in the program.

Recommended Action:

Staff Report
Resolution No. 11497
Attachments:

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

4. REPORTS FROM MAYOR SLATER

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

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

5.1. Park and Park Amenity Naming Policy (Gyllenhammer)

6. AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code Section 53232.3(d) on meetings and conferences attended at the City's expense.

7. ADMINISTRATIVE REPORTS

7.1. Presentation of Economic Development Strategy.

Receive and file.

Recommended Action:

Staff Report
City of Orange Economic Development Strategy
Attachments:

7.2. Agreement with Dixon Resources Unlimited for Professional Services related to the Old Towne Smart Parking Program Development and Implementation Project.

1. Approve the contract with Dixon Resources Unlimited in the amount of $54,040 for consulting services related to the Old Towne Smart Parking Program Development and Implementation Project; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize $8,100 (15%) of the contract amount for contingency purposes.

Recommended Action:

Staff Report
Professional Services Agreement with Dixon Resources Unlimited Attachments:

7.3. Agreement with Siemens Industry, Inc. as a single source for maintenance of surveillance cameras, hardware infrastructure, and licensing supporting the City’s existing Genetec Security platform.

Approve the three -year agreement with Siemens Industry, Inc. in the total amount of $921,859.49 for maintenance of surveillance cameras, hardware infrastructure, and the Genetec security platform license; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Agreement with Siemens Industry, Inc.

Attachments:

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7.4. Approval of plans and specifications for the City of Orange Corporation Yard Renovations Project, Phase I; authorization to advertise for bids; and finding of CEQA exemption.

Approve plans and specifications and authorize advertising for Bid No. 23-24.14.

Recommended Action:

Staff ReportAttachments:

7.5. Agreement with Fairbank, Maslin, Maullin, Metz & Associates for a citywide survey and analysis.

1. Approve the agreement with Fairbank, Maslin, Maullin, Metz & Associates in the amount of $65,750 to develop and administer a statistically valid community survey in the City of Orange and present the results with all necessary analyses/interpretations; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $65,750 from the General Fund unreserved fund balance to expenditure account number 100.0201.51670.00000, General Fund - Other Professional & Consulting Services.

Recommended Action:

Staff Report
Proposed FM3 Professional Services Agreement and Proposal Attachments:

8. REPORTS FROM CITY MANAGER

9. PUBLIC HEARINGS

9.1. Public hearing to consider Introduction and First Reading of Ordinance No. 15-23 amending Titles 16 and 17 of the Orange Municipal Code to enact definitions and development standards applicable to lot splits and second dwelling units in single-family residential zones as a result of Senate Bill 9 and finding of CEQA exemption.

Introduce and conduct First Reading of Ordinance No. 15-23. An Ordinance of the City Council of the City of Orange amending Title 16 (Subdivisions) and Title 17 (Zoning) of the Orange Municipal Code by enacting ministerial standards applicable to lot splits in single-family residential zones allowed as a result of SB 9, enacting ministerial standards applicable to the location, access, size and setback of second dwelling units in single -family residential zones allowed as a result of SB 9, and adding and revising definitions to clarify said development standards.

Recommended Action:

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9 City Council Agenda October 24, 2023
Staff Report
Attachment 1 - Ordinance No. 15-23
Attachment 2 - Ordinance No. 15-23 Redline Version
Attachment 3 – Planning Commission Resolution No. 13-23 Attachment 4 - October 2, 2023 Planning Commission Staff Report Attachment 5 - October 2, 2023 Planning Commission Draft Meeting Minutes
Attachment 6 - September 7, 2023 Planning Commission Staff Report
Attachment 7 - September 7, 2023 Planning Commision Minuites Attachment 8 - December 14, 2021 City Council Staff Report Attachment 9 - Interim Ordinance No. 18-21
Attachment 10 - December 14, 2021 City Council Minutes
Attachment 11 - November 15, 2022 City Council Staff Report Attachment 12 - Interim Ordinance No. 18-21-B
Attachment 13 - November 15, 2022 City Council Minutes
Attachment 14 - Summary Chart of SB 9 Provisions
Attachment 15- SB 9 State Law
Attachment 16- ½ Mile Buffer of Bus Stops Map
Attachments:

9.2. Public Hearing to consider Introduction and First Reading of an ordinance adding Chapter 8.38 of Title 8 ("Health and Safety") to the Orange Municipal Code relating to the registration and monitoring of vacant properties and adoption of a resolution setting the amount of fees for registration, monitoring and appeals.

Continue to a date uncertain.

Recommended Action:

Staff ReportAttachments:

10. ADJOURNMENT
The City Council will Adjourn in Memory of Wayne King to a meeting on Monday, October 30, 2023, at 5:30 p.m. in the Council Chamber.

The next Regular City Council meeting will be held on Tuesday, November 14, 2023, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.

I, Pamela Coleman, CMC, City Clerk for the City of Orange, do hereby declare, under penalty of perjury, that a full and correct copy of this agenda was posted pursuant to Government Code Section 54950 et. seq., at the following locations: Orange Civic Center kiosk and Orange City Clerk's Office at 300 E. Chapman Avenue, Orange Main Public Library at 407 E. Chapman Avenue, Police facility at 1107 N. Batavia Street, and uploaded to the City's website www.cityoforange.org.

Date posted: October 19, 2023

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10 Agenda Item
City Council
Item #: 3.1. 10/24/2023 File #: 23-0679
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

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

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

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

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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11 Agenda Item
City Council
Item #: 3.1. 10/24/2023 File #: 23-0679
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

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

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

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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12 Agenda Item
City Council
Item #: 3.2. 10/24/2023 File #: 23-0680
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Approval of minutes of the City of Orange City Council Regular Meeting held on September 26, 2023; Adjourned Regular Meeting held on October 3, 2023; and Regular Meeting held on October 10, 2023.

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

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· September 26, 2023, Regular Meeting minutes
· October 3, 2023, Adjourned Regular Meeting minutes
· October 10, 2023, Regular Meeting minutes
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13 Agenda Item
City Council
Item #: 3.2. 10/24/2023 File #: 23-0680
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk

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

3. RECOMMENDED ACTION
Approve minutes as presented.

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Tuesday, September 26, 2023, at 5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
5:00 PM CLOSED SESSION

1. CALL TO ORDER
Mayor Slater called Closed Session to order at 5:00 p.m.

1.1 ROLL CALL

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

Absent: Gyllenhammer
Councilmember Gutierrez joined Closed Session at 5:05 p.m.

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None

3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:02 p.m. with all Members present, except Councilmember Gutierrez who joined the meeting at 5:05 p.m. and Councilmember Gyllenhammer who was absent, to discuss the following:
a. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
City Negotiator: Tom Kisela, City Manager
Employee Organizations: Orange Maintenance and Crafts Employees’ Association, Orange Management Association, Orange Municipal Employees' Association, and Water Division Employees’ Association
b. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) - Two cases Name of Case: Mary's Kitchen, et al. v. City of Orange.

United States District Court Case No. 8:21-cv-01483
Name of Case: Mary’s Kitchen, et al. v. City of Orange
Orange County Superior Court Case No. 30-2021-01224070

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4. CLOSED SESSION REPORT
None

5. ADJOURNMENT
Closed Session was adjourned at 6:01 p.m.
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:08 p.m.

1.1 INVOCATION
Given by Pastor Rob Curington from Orange Villa Bible Church.

1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Kathy Tavoularis.

1.3 ROLL CALL

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

Absent: Gyllenhammer

1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation recognizing September 15 - October 15 as National Hispanic Heritage Month.

1.5 REPORT ON CLOSED SESSION ACTIONS
None

2. PUBLIC COMMENTS
Public Speakers:

Elia expressed concerns with traffic safety issues in her neighborhood and spoke in support of reinstating the Jamboree Road extension to Weir Canyon Road.

Dima Khedraki spoke in support of reinstating the Jamboree Road extension to Weir Canyon Road.

Carole Walters spoke about protecting the Plaza fountain.

Written Public Comment
Janice Brownfield emailed about the implementation of SB 1383, organic waste recycling regulations.

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

ACTION: Approved.

3.2. Agreement with RLA Conservation, LLC for Plaza Park Fountain Conservation Treatment.

Entered into the record: Memo from staff requesting to remove Item 3.2 from the agenda.

ACTION: Item 3.2 was removed from the agenda.

3.3. Agreement with the State of California Office of Traffic Safety for the Selective Traffic Enforcement Program for Federal Fiscal Year 2023-2024.

ACTION: 1) Approved grant agreement no. PT24138 with the State of California Office of Traffic Safety in the amount of $ 330,000 for the Selective Traffic Enforcement Program grant and authorized the City Manager to execute on behalf of the City; 2) Accepted into the City ’s revenue budget a $ 330,000 grant from the California Office of Traffic Safety into revenue account number 100.4041.45290.30231, General Fund - OTS STEP Grant FY 24; and 3) Authorized the appropriation of $ 330,000 into the following Traffic Program expenditure accounts: $271,173 into account number 100.4041.50221.30231, Overtime - Safety OTS Grant 23-24; $ 24,382 into account number 100.4041.50222.30231, Overtime - Miscellaneous OTS Grant 23-24; $ 2,897 into account number 100.4041.51840.30231, Local Training OTS Grant 23-24; and $31,548 into account number 100.4041.55131.30231, Equipment OTS Grant 23-24.

3.4. Appropriation of $ 15,927 in designated grant and disbursement funding received from the National Science Foundation, Dish Wireless, and Santiago Library System.

ACTION: 1) Accepted into the City ’s revenue budget $ 15,927 in grant and disbursement funds from National Science Foundation, Dish Wireless, and Santiago Library System into the following revenue account numbers in the General Fund :
$1,000 into account number 100.2001.45150.30232, Blue Whales Project Grant; $7,500 into account number 100.2001.48390.00000, Donations; and $ 7,427 into account number 100.2001.48390.19988, Santiago Library System. 2) Authorized the appropriation of $ 15,927 in grant and disbursement funds into the following expenditure account numbers in the General Fund: $1,000 into account number 100.2017.53340.30232, Craft Supplies - Blue Whales Project Grant; $ 7,500 into account number 100.2001.53001.19986, Materials & Supplies - Donations, and $7,427 into account number 100.2001.53301.19988, Books - Santiago Library System.

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17 City Council Minutes - Draft September 26, 2023

3.5. Appropriation of $ 28,241 in designated grant funding received from California Library Literacy Services.

ACTION: 1) Accepted into the City ’s revenue budget a $ 28,241 grant from California Library Literacy Services, into revenue account number 100.2001.45290.30225, General Fund - California Library Literacy Services Grant. 2) Authorized the appropriation of $ 28,241 to California Library Literacy Services Grant into the following expenditure account numbers:
$22,000 100.2001.50312.30225 Part-time Misc. Salaries
6,241 100.2001.53001.30225 Materials and Supplies

3.6. Appropriation of $ 180,000 from the Fire Facility Fee Districts Fund (560) into various Capital Improvement Project (CIP) accounts.

ACTION: 1) Authorized the total appropriation of $ 180,000 from the Fire Facility Fees Fund (560) unreserved fund balance into the following CIP expenditure accounts:
a. $90,000 for Turnout Equipment and Replacement (20124) b. $50,000 for Fire Station Maintenance (20334)
c. $19,000 for Emergency Medical Services (EMS) Electronic Patient Care Report (ePCR) Replacement Program (20171)
d. $16,000 for Wellness Equipment Replacement (30032)
e. $5,000 for Self -Contained Breathing Apparatus (SCBA) Retrofit and Replacement (20104)

3.7. Approval of plans and specifications for Bid No. 23-24.11; SP -4268; Annual Concrete Replacement at Various Locations Fiscal Year 2023-2024, authorization to advertise for bids, and finding of CEQA exemption.

ACTION: 1) Approved the plans and specifications and authorize advertising for bids for Annual Concrete Replacement at Various Locations Fiscal Year 2023-2024; and 2) Authorized the appropriation of $ 200,000 from Unreserved Fund 287 Citywide TSIP to expenditure account number 287.5011.56330.13120 Pavement Management Program.

3.8. Award of Contract to Sequel Contractors, Inc. for Lomita Neighborhood Street Improvement Project; Bid No. 23-24.04.

ACTION: Approved the contract with Sequel Contractors, Inc. in the total amount of $777,271, representing an original amount of $ 706,610 plus a 10% contingency of $70,661 for the Lomita Neighborhood Street Improvement Project (SP-4220); and authorized the Mayor and City Clerk to execute on behalf of the City.

3.9. Award of Contract to Interior Demolition, Inc. for Bid No. 23-24.08; SP -4262; Demolition of Building at 2829 N. Glassell Street.

Note: Councilmember Gutierrez registered a no vote.

Written Comment
Jordan Prell submitted an eComment in support.

ACTION: 1) Waived minor public works bidding irregularity in the bid proposal received by Interior Demolition, Inc .; 2) Authorized the appropriation of $ 140,000 from the Capital Projects (500) unreserved fund balance to 500.7021.56012.20533 (2829 N.

Glassell Street ); and 3) Awarded contract to Interior Demolition, Inc. in the total amount

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18 City Council Minutes - Draft September 26, 2023
of $ 136,620, representing an original bid amount of $ 124,200, plus a 10% contingency of $ 12,420, for the Demolition of Building at 2829 N. Glassell Street; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.10. First Amendment to Contract with Sequel Contractors, Inc .; and Final Acceptance of Bid No. 22-23.17; SP -4237; Community Development Block Grant, Fiscal Year 2022-2023, Sycamore and Palmyra Neighborhood Street Rehabilitation and Americans with Disabilities Act Wheelchair Access Ramp Replacement at Various Locations and authorization to file Notice of Completion.

ACTION: 1) Approved the First Amendment to Contract in the amount of $ 92,345.85 to Sequel Contractors, Inc. for the additional work; and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Accepted Community Development Block Grant, Fiscal Year 2022-2023, Sycamore and Palmyra Neighborhood Street Rehabilitation and Americans with Disabilities Act Wheelchair Access Ramp Replacement at Various Locations as complete and authorized staff to file Notice of Completion with the County Recorder.

3.11. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Sections 3.08.080 and 3.08.410 of the Orange Municipal Code .

Ordinance No. 12-23
ACTION: Adopted Ordinance No. 12-23.

Approval of the Consent Calendar
Item 3.2 was removed from the Agenda. Councilmember Gutierrez registered a no vote on Item 3.9. All other items were approved as recommended.

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

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

NoneNoes:

GyllenhammerAbsent:

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

4. REPORTS FROM MAYOR SLATER
None

5. REPORTS FROM COUNCILMEMBERS

5.1. Sweet Orange Program (Barrios/Tavoularis)
Mayor pro tem Barrios provided an update on the Council Sweet Orange Committee.

5.2. Love Orange Day (Barrios)
Mayor pro tem Barrios announced Love Orange Day, a City -wide volunteer day, is on Saturday, October 7.

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5.3. Other Councilmember Reports
Councilmember Tavoularis reported on two proposed bills. ACA (Assembly Constitutional Amendment) 1 was signed by the Governor and filed with the Secretary of State; the measure must be approved by California voters. If approved, ACA 1 would reduce the voter threshold from a 2/3 majority to a 55% majority to approve local bonds and certain special taxes. ACA 13 would amend the constitution such that any ballot measure that changes voter threshold needs to pass by the same margin.

Councilmember Gutierrez reported on the El Modena Outreach day held on September 16, 2023.

6. AB 1234 REPORTS
Councilmember Dumitru reported he attended the League of California Cities Annual Conference in Sacramento.

7. ADMINISTRATIVE REPORTS

7.1. Consideration of a two -year professional services agreement with Townsend Public Affairs, Inc. for grant writing and legislative advocacy services.

Sean McReynolds, Senior Associate with Townsend, provided Council with a presentation.

A motion was made by Councilmember Tavoularis, seconded by Councilmember Dumitru, to approve a two -year agreement with Townsend Public Affairs, Inc. in the amount of $ 216,000 for legislative advocacy and grant writing services expended from account number 100.0201.51780.00000, and authorize the Mayor and City Clerk to execute the two -year agreement on behalf of the City. The motion carried by the following vote:

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

NoneNoes:

GyllenhammerAbsent:

7.2. Consideration of a 50-Year Lease Agreement with Orange County Flood Control District for West Orange Park.

Entered into the record: A modified lease agreement incorporating two minor changes .

Under Section 16 of the agreement, strikeout "control trespassing consistent with the County's current park management plan." Under Section 22, the reference name was updated from Riverview Park to West Orange Park.

A motion was made by Councilmember Dumitru, seconded by Mayor pro tem Barrios, to approve amended 50-Year Lease Agreement between Orange County Flood Control District and the City of Orange, allowing the City to develop and operate a passive park on approximately 2.38 acres of land owned by Orange County Flood Control District .

The motion carried by the following vote:

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

NoneNoes:

GyllenhammerAbsent:

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7.3. Implementation of permit parking on both sides of Palm Avenue from Wayfield Street to Park Lane; both sides of Wayfield Circle south of Palm Avenue; both sides of Park Lane from Dana Place to Palm Avenue; and both sides of Wayfield Street between Palm and Walnut Avenues. Resolution No. 11495.

Public Speakers:

The following spoke in support of approving the permit parking: Cindy Pace, Rose Cunningham, and John Bivens.

Dawn Topete expressed concerns with her street being removed from the original proposal.

A motion was made by Councilmember Gutierrez, seconded by Councilmember Dumitru, to 1) Approve permit parking on both sides of Palm Avenue from Wayfield Street to Park Lane; both sides of Wayfield Circle south of Palm Avenue; both sides of Park Lane from Dana Place to Palm Avenue; and both sides of Wayfield Street between Palm and Walnut Avenues; and 2) Adopt Resolution No. 11495. A Resolution of the City Council of the City of Orange adopting a revised master resolution of designated permit parking areas within the City of Orange. The motion carried by the following vote:

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

NoneNoes:

GyllenhammerAbsent:

8. LEGAL AFFAIRS

8.1. Introduction and First Reading of an ordinance adding Chapter 2.62 to Title 2 of the Orange Municipal Code, and establishing the Santiago Creek Commission; and finding of CEQA exemption. Ordinance No. 13-23.

Public Speaker:

Neil Monnison commented that the proposed commission should not have authority over Chapman Yorba property.

During discussion, City Attorney Vigliotta confirmed the newly established commission would only be advisory and would not have any authority over any projects.

A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gutierrez, to introduce and conduct First Reading of Ordinance No. 13-23. An Ordinance of the City Council of the City of Orange adding Chapter 2.62 to Title 2 of the Orange Municipal Code (Administration and Personnel) establishing a new advisory commission regarding Santiago Creek. The motion carried by the following vote:

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

NoneNoes:

GyllenhammerAbsent:

9. REPORTS FROM CITY MANAGER

9.1. Skatepark Project Update
Assistant Community Services Director Emily Bustamante provided Council with an update on the skatepark project.

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10. ADJOURNMENT
There being no further business, the meeting was adjourned at 7:19 p.m. to a meeting on Tuesday, October 3, 2023 at 6:00 p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.

The next Regular City Council meeting will be held on Tuesday, October 10, 2023, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
______________________ _________________________ PAMELA COLEMAN DANIEL R. SLATER

CITY CLERK MAYOR

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22 City of Orange
City Council
October 03, 2023

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Tuesday, October 3, 2023, at 5:00 p.m. in an Adjourned Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
5:00 PM CLOSED SESSION

1. CALL TO ORDER
Mayor Slater called Closed Session to order at 5:00 p.m.

1.1 ROLL CALL

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

Absent: None

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None

3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:03p.m. with all Members present to discuss the following:
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) - Two cases Name of Case: Mary's Kitchen, et al. v. City of Orange
United States District Court Case No. 8:21-cv-01483-JVS-KES Name of Case: Mary’s Kitchen, et al. v. City of Orange
Orange County Superior Court Case No. 30-2021-01224070

4. CLOSED SESSION REPORT
None

5. ADJOURNMENT
Closed Session was adjourned at 5:50 p.m.
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:02 p.m.

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1.1 INVOCATION
Given by Reverend Nicky Stade from Refuge OC.

1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember John Gyllenhammer.

1.3 ROLL CALL

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

Absent: None

1.4 ANNOUNCEMENTS
None

1.5 REPORT ON CLOSED SESSION ACTIONS
None

2. PUBLIC COMMENTS
Public Speakers:

Lexie DeRouchey spoke about the importance of equine therapy.

Jeremy Livermore spoke about the leaf blower ordinance and advocated for Council to revisit the ordinance.

3. ADMINISTRATIVE REPORTS

3.1. City of Orange General Fund Financial Forecast.

Finance Director Trang Nguyen provided the staff report and answered Council's questions. Council discussed various options for increasing revenues and addressing the City's fiscal health.

Staff was directed to return to Council with an outside professional services agreement to study increasing the TOT rate and sales tax and adding a utility user tax.

4. ADJOURNMENT
There being no further business, the meeting was adjourned at 7:41 p.m.

CITY CLERK MAYOR

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24 City of Orange
City Council
October 10, 2023

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Tuesday, October 10, 2023, at 5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
4:45 PM EMPLOYEE RECOGNITION

1. WELCOME
Mayor Slater welcomed everyone to the Employee Service Awards.

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

3. RECESS
The City Council recessed at 4:53 p.m.
5:00 PM CLOSED SESSION

1. CALL TO ORDER
Mayor Slater called Closed Session to order at 5:00 p.m.

1.1 ROLL CALL

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

Absent: None
Councilmember Bilodeau joined Closed Session at 5:01 p.m. Mayor pro tem Barrios joined Closed Session at 5:02 p.m.

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None

3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:02 p.m. with all Members present to discuss the following:

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25 City Council Minutes - Draft October 10, 2023
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) - Two cases Name of Case: Mary's Kitchen, et al. v. City of Orange.

United States District Court Case No. 8:21-cv-01483
Name of Case: Mary’s Kitchen, et al. v. City of Orange
Orange County Superior Court Case No. 30-2021-01224070
b. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
City Negotiator: Tom Kisela, City Manager
Employee Organizations: Orange Maintenance and Crafts Employees’ Association, Orange Management Association, Orange Municipal Employees’ Association, and Water Division Employees’ Association
RECESS TO REGULAR MEETING: At 6:00 p.m., the City Council recessed from Closed Session to a Regular Meeting in the Council Chamber.

The Council reconvened in Closed Session at 7:55 p.m. with all Members present.

4. CLOSED SESSION REPORT
None

5. ADJOURNMENT
Closed Session was adjourned at 9:14 p.m.
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:04 p.m.

1.1 INVOCATION
Given by Pastor Brenton Fessler, Orange Police Department Chaplain & Refuge OC.

1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Ana Gutierrez.

1.3 ROLL CALL

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

Absent: None

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1.4 PRESENTATIONS/ANNOUNCEMENTS
Recognition of Central Orange Girls Fast Pitch 14U All-Star Panthers Team.

Recognition of Olive Pony World Series 11U Champions.

CalOptima Health and Orange County Social Services Agency Presentation was re-ordered to be heard after the baseball recognition.

Friends of the Orange Public Library Presentation to the Orange Public Library.

El Modena High School Student Liaison Emma Hoffman provided Council with a brief update on school happenings.

Orange High School Student Liaison Nancy Albeno provided Council with a brief update on school happenings.

1.5 REPORT ON CLOSED SESSION ACTIONS
None

2. PUBLIC COMMENTS
Public Speakers:

Ali Raisdanai spoke about an issue with the Orange Police Department.

Carole Walters raised concerns with public safety in the Plaza.

Written Public Comment
Janice Brownfield emailed about the importance of recycling organic waste and reducing methane emissions.

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

ACTION: Approved.

3.2. Confirmation of warrant registers dated September 7, 14, 21, and 28, 2023.

ACTION: Approved as presented.

3.3. Approval of minutes of the City of Orange City Council Regular Meeting held on September 12, 2023.

ACTION: Approved minutes as presented.

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3.4. Agreement with West Publishing Corporation for acquisition and maintenance of ProLaw comprehensive legal case management system.

ACTION: 1) Authorized the appropriation of $ 25,000 from the Liability fund (740) unreserved fund balance to expenditure account 740.0301.51600.00000 - Legal Services; and 2) Approved the Agreement with West Publishing Corporation in the amount of $ 60,000 for acquisition and maintenance of ProLaw comprehensive legal case management system; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.5. First Amendment to Agreement with Amber Gregg, Inc. for Planning consulting services.

ACTION: Approved the First Amendment to agreement with Amber Gregg Inc. for Planning consulting services; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.6. First Amendment with Adlerhorst International, LLC, for police canine services; and appropriation of $ 18,630 in designated donation funding received from the Orange Police Foundation to the Orange Police Department canine program.

Item 3.6 was removed from the Consent Calendar for separate consideration by Councilmember Gutierrez.

In response to Council's questions, Police Chief Dan Adams explained how the Police Foundation was established.

ACTION: A motion was made by Councilmember Gutierrez, seconded by Mayor pro tem Barrios, to: 1) Approve First Amendment with Adlerhorst International, LLC, and authorize the Mayor and City Clerk to execute on behalf of the City; 2) Accept into the City's revenue budget an $ 18,630 donation from the Orange Police Foundation into revenue account number 100.4021.48390.12307, General Fund - K9/SWAT Donations; and 3) Authorize the appropriation of $ 18,630 into expenditure account number 100.4021.55510.12307 General Fund - K9/SWAT Donations. The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

3.7. Appropriation of $ 30,000 in designated donation funding received from the Friends of the Orange Public Library.

ACTION: 1) Accepted into the City ’s budget a $ 30,000 donation from Friends of the Orange Public Library into revenue account number 100.2001.48390.19990, General Fund - Friends of the Library.
2) Authorized the appropriation of $ 30,000 into the following expenditure account numbers in the General Fund for Friends of the Orange Public Library:
$ 2,000 100.2001.53011.19990 Employee Appreciation 4,250 100.2001.55131.19990 Furniture, Machinery, and Equipment 22,000 100.2004.55131.19990 Furniture, Machinery, and Equipment 1,750 100.2016.53340.19990 Craft Supplies

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3.8. Appropriation of $ 34,522 in designated grant funding received from the California Department of Resources Recycling and Recovery for the Beverage Container Recycling City Payment Program.

ACTION: 1) Accepted into the City ’s revenue budget a $ 34,522 grant from the California Department of Resources Recycling and Recovery into revenue account number 220.5022.45290.20536, Sewer - Beverage Container Program 22-23. 2) Authorized the appropriation of $ 34,522 into the following expenditure account numbers Sewer - Beverage Container Program 22-23:
220.5022.51001.20536 Contractual Services $21,022
220.5022.53001.20536 Materials and Supplies $12,000
220.5022.50002.20536 Regular Salaries - Misc $1,500

3.9. Approval of plans and specifications for Annual Pipeline Renewal Project; authorization to advertise for bids; and finding of CEQA exemption.

ACTION: Approved the plans and specifications and authorized advertising for Bid No . 23-24.13; W-722.

3.10. Approval of plans and specifications for Community Development Block Grant El Modena Basin Public Restroom Improvement Project; authorization to advertise for bids; and finding of CEQA exemption.

ACTION: 1) Approved plans and specifications and authorize advertising for Community Development Block Grant El Modena Basin Public Restroom Improvement Project, Bid No. 23-24.15 (SP-4257); and 2) Approved the use of sole -source supplier, Public Restroom Company, for designing and pre -fabricating of restroom facility for the El Modena Basin Public Restroom Improvement Project.

3.11. Claims for Damages.

Item 3.11 was removed from the Consent Calendar for separate consideration by Councilmember Dumitru.

Council requested staff evaluate the process for denying claims that are submitted incorrectly to the City for another agency and the approval/settlement process.

ACTION: A motion was made by Councilmember Dumitru, seconded by Mayor pro tem Barrios, to deny the following claims and refer to City Attorney and Claims Adjuster:

1. Andrew Hoyt

2. Timeline Pest Control

3. Michael Douglas Henning

4. Anthony Quintero

5. Eusebio Hernandez Ricardo

6. Jennie Mendoza

7. Michelle McGowan

8. Christopher Angell

9. Luis A. Serrano
The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

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3.12. Final Acceptance of Bid No. 22-23.13, Plaza Park Safety Enhancement Project; and authorization to file Notice of Completion.

ACTION: Accepted Plaza Park Safety Enhancement Project (SP-4230) as complete, and authorized staff to file Notice of Completion with the County Recorder.

3.13. Final Acceptance of Carpet Replacement Project at City Hall and Orange Police Department; and authorization to file Notice of Completion.

ACTION: Accepted the Carpet Replacement Project at City Hall Public Works and Community Development Departments and Police Department as complete, and authorized staff to file Notice of Completion with the County Recorder.

3.14. Sale of surplus property located on the south side of 2045 East Palmyra Avenue.

Written Public Comment
Shirley Grindle emailed in support of approval.

ACTION: Approved the sale of the surplus property located on the south side of 2045 East Palmyra Avenue to Mr. Hamed Soltari for $ 8,710; and authorized the Mayor and City Clerk to execute the Quitclaim Deed and related documents on behalf of the City.

3.15. Second Reading and adoption of an Ordinance of the City Council of the City of Orange adding Chapter 2.62 to Title 2 of the Orange Municipal Code (Administration and Personnel) establishing a new Commission regarding Santiago Creek. Ordinance No. 13-23.

ACTION: Adopted Ordinance No. 13-23.

3.16. Memorandum of Understanding between the City of Orange and the Orange City Fire Management Association. Resolution No. 11494.

ACTION: Adopted Resolution No. 11494. A Resolution of the City Council of the City of Orange repealing Resolution No. 11275 and all amendments thereto and approving the Memorandum of Understanding between the City of Orange and the Orange City Fire Management Association concerning wages, hours, and other conditions of employment effective July 1, 2023, through June 30, 2026.

3.17. Approval of the Grant of Easement to Southern California Edison at Katella Terrace Apartments located at 1249 E. Katella Avenue.

ACTION: Approved Grant of Easement to Southern California Edison at Katella Terrace Apartments located at 1249 E. Katella Avenue; and authorized the Mayor to execute on behalf of the City.

Approval of the Consent Calendar
Items 3.6 and 3.11 were removed from the Consent Calendar and heard separately. All other items were approved as recommended.

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

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

NoneNoes:

NoneAbsent:

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4. REPORTS FROM MAYOR SLATER
None

5. REPORTS FROM COUNCILMEMBERS

5.1. Highlight Local Business (Barrios & Gutierrez)
Mayor pro tem Barrios highlighted the following local business: Get Community .

Councilmember Gutierrez highlighted the following local business: Toma Smog.

6. AB 1234 REPORTS
None

7. REPORTS FROM CITY MANAGER
None

8. LEGAL AFFAIRS

8.1. Introduction and First Reading of Ordinance No. 14-23 adding Chapter 2.13 to Title 2 of the Orange Municipal Code Related to Lobbyist Registration and Reporting.

Senior Assistant to the City Manager Jack Morgan provided the staff report and responded to Council's questions. Council discussed the registration fee, which would be adopted by resolution; First Amendment rights; and the creation of a Council ad hoc committee to review the proposed ordinance and Campaign Reform ordinance.

A motion was made by Councilmember Dumitru, seconded by Councilmember Bilodeau, to create a City Council ad hoc committee to review Orange Municipal Code Chapter 2.10 and proposed Ordinance No. 14-23 with a sunset date of three months and one 30 day extension. The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

With Council concurrence, Councilmembers Tavoularis, Gutierrez, and Dumitru were appointed as members to the ad hoc committee.

9. PUBLIC HEARINGS

9.1. Public Hearing to consider introduction and First Reading of an ordinance adding Chapter 8.38 of Title 8 ("Health and Safety") to the Orange Municipal Code relating to the registration and monitoring of vacant properties and adoption of a resolution setting the amount of fees for registration, monitoring and appeals.

A motion was made by Councilmember Dumitru, seconded by Councilmember Gutierrez, to continue Item 9.1 to the October 24, 2023, Regular City Council meeting .

The motion carried by the following vote:

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

NoneNoes:

NoneAbsent:

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Council recessed at 7:51 p.m. and reconvened in Closed Session at 7:55 p.m. with all Members present.

10. ADJOURNMENT
There being no further business, the meeting was adjourned at 9:14 p.m.

The next Regular City Council meeting will be held on Tuesday, October 24, 2023, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
______________________ _________________________ PAMELA COLEMAN DANIEL R. SLATER

CITY CLERK MAYOR

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32 Agenda Item
City Council
Item #: 3.3. 10/24/2023 File #: 23-0623
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Agreement with Grindline Skateparks, Inc. for design services for the Capital Improvement Project Skate Park at Grijalva Park.

2. SUMMARY
This project includes the award of design work for preliminary plans (Phase 1) and construction documents (Phase 2) for a skate park at Grijalva Park. The proposed skate park amenities include a lighted concrete skate park with LED area lighting, spectator seating, fencing, prefabricated restroom facility, paved ADA access, landscaping, and skatepark amenities.

3. RECOMMENDED ACTION
Approve agreement with Grindline Skateparks, Inc. in the amount of $267,690.50 for design services for the Skate Park at Grijalva Park project (20519); and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $267,690.50 and will be funded in the Skate Park at Grijalva Park Project (20519) through appropriations approved through the Fiscal Year 2024 budget adoption:

Capital Projects (500) account 500.7021.56020.20519 - CIP Building and Improvements
$240,264.50
Grijalva Park Fund (551) account 551.7021.56020.20519 - CIP Building and Imrpovements
_ 27,426.00
Total: $267,690.50

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

6. DISCUSSION AND BACKGROUND
The City owns the 42-acre Grijalva Park site which is being developed in phases. The first 15 acres were developed into a park with lighted soccer fields in 2002. In 2005, a Grijalva Park Master Plan was developed for the remaining 27 acres which included a skate park. Consequently, a skate park City of Orange Printed on 10/18/2023Page 1 of 3
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33 Item #: 3.3. 10/24/2023 File #: 23-0623
was developed for the remaining 27 acres which included a skate park. Consequently, a skate park was evaluated as part of the corresponding Mitigated Negative Declaration for the Grijalva Master Plan. Therefore, the environmental review for this project is complete.

At the November 15, 2022 City Council meeting, the City Council directed staff to use $1.75 million in park development fees to build a skate park at Grijalva Park. As a result, a Capital Improvement Project (CIP) titled Skate Park at Grijalva Park was approved for Fiscal Year 2023-24 (FY24) for $1,777,426, which also includes $27,426 from Grijalva Park Fund (551). Proposed project elements include:
· Lighted concrete skate park facility
· Prefabricated restroom facility
· Paved ADA access
· Area/security lighting
· Spectator seating
The Request for Proposal for design services (RFP 23-24.02) was advertised on July 13, 2023, and proposals were due on August 14, 2023. Five proposals were submitted. Staff evaluated the proposals based on the firm’s experience, overall qualifications, record of success on previous projects, and overall responsiveness to the RFP. Proposal amounts were submitted separately and reviewed after the rating process was complete. A Proposal Abstract Summary (Attachment 1) is attached for reference. Grindline Skateparks, Inc. (Grindline) received the highest score (94.9 out of 100) and had a total base bid amount of $229,871.

Staff contacted the top three firms, Grindline, Tait & Associates, and RHA Landscape Architects- Planners, Inc. with supplemental questions to clarify aspects of their proposals. After reviewing all responses, staff confirmed that Grindline was best qualified for the project design. Grindline has previous experience designing and constructing over 300 skateparks in municipalities across the United States since 2001. They have experience working with stakeholders to incorporate community feedback which is thereby used to design a unique skatepark that will accommodate skaters of all ages, abilities, and skill levels. Their design will not only facilitate service to skateboarders but for all desired wheeled users and may include some BMX features.

Grindline will approach the design with a collaborative, team-based approach, working closely with the City to create a seamless integration into the existing park setting. Given the conditions of the existing site (i.e., landfill), Grindline will identify site constraints and opportunities through site analysis which will also determine the design parameters. Grindline will manage the project as the prime design consultant and will provide bidding assistance and construction management support once the skatepark design is ready to bid for construction.

The design work is into two phases. Phase 1 will begin the process to design the skatepark and amenities and Phase 2 is development of biddable construction documents. Together, both phases will take approximately 7 months to complete and will include several opportunities for public input, including discussion at a future Park Planning and Community Events Commission meeting.

Grindline’sbase bid total is $229,871. An additional cost of $13,484 for Bidding Assistance and Construction Management Support Services brings the Grindline bid total to $243,355. A 10 percent contingency of $24,335.50 is also included for a total not-to-exceed amount of $267,690.50 and will be funded through the Skate Park at Grijalva Park project (20519). The FY24 approved CIP divides City of Orange Printed on 10/18/2023Page 2 of 3
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34 Item #: 3.3. 10/24/2023 File #: 23-0623
the funding for the project between the Capital Projects fund (500) and the Grijalva Park fund (551).

7. ATTACHMENTS
· Proposal Abstract Summary
· Professional Services Agreement with Grindline Skateparks, Inc City of Orange Printed on 10/18/2023Page 3 of 3
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35 Agenda Item
City Council
Item #: 3.3. 10/24/2023 File #: 23-0623
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Agreement with Grindline Skateparks, Inc. for design services for the Capital Improvement Project Skate Park at Grijalva Park.

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

6. DISCUSSION AND BACKGROUND
The City owns the 42-acre Grijalva Park site which is being developed in phases. The first 15 acres were developed into a park with lighted soccer fields in 2002. In 2005, a Grijalva Park Master Plan was developed for the remaining 27 acres which included a skate park. Consequently, a skate park City of Orange Printed on 10/18/2023Page 1 of 3
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36 Item #: 3.3. 10/24/2023 File #: 23-0623
was developed for the remaining 27 acres which included a skate park. Consequently, a skate park was evaluated as part of the corresponding Mitigated Negative Declaration for the Grijalva Master Plan. Therefore, the environmental review for this project is complete.

Grindline’sbase bid total is $229,871. An additional cost of $13,484 for Bidding Assistance and Construction Management Support Services brings the Grindline bid total to $243,355. A 10 percent contingency of $24,335.50 is also included for a total not-to-exceed amount of $267,690.50 and will be funded through the Skate Park at Grijalva Park project (20519). The FY24 approved CIP divides City of Orange Printed on 10/18/2023Page 2 of 3
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37 Item #: 3.3. 10/24/2023 File #: 23-0623
the funding for the project between the Capital Projects fund (500) and the Grijalva Park fund (551).

PROPOSAL ABSTRACT SUMMARY
Proposal No. 23-24.02

Date Advertised: 7/13/2023 -7/26/2023
Bid Due Date: 8/10/2023
Extension: 8/14/2023 at 12PM

Company/Contractor

Grindline
Skateparks, Inc.

TAIT & Associates

RHA Landscape
Architects
Planners, Inc.

Moore Iacofano
Goltsman, Inc.
(MIG)

Community Works
Design Group Landscape
Architecture & Park
Planning

City (Location of
Contractor)

Seattle, WA

Santa Ana, CA

Riverside, CA

Fullerton, CA

Riverside, CA

Bid Amount Per
Request for Bids

$229,871.00

$312,854.00

$237,680.00

$182,526.00

$262,687.00

Scores

94.9 94.2

90.2 89.5

75.5 39

PROFESSIONAL SERVICES AGREEMENT
[Skate Park at Grijalva Park Design Services (RFP No. 23-24.02)]

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

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

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

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

2. Compensation and Fees.

a. Contractor's total compensation for all services perform ed under this Agreement, shall not exceed TWO HUNDRED FORTY-THREE THOUSAND THREE HUNDRED FIFTY-FIVE DOLLARS and 00/100 ($243,355.00) without the prior written authorization of City.

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

c. In addition to the scheduled services to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by City’s Project Manager. In anticipation of such contingencies, the sum of TWENTY-FOUR THOUSAND 40 2
THREE HUNDRED THIRTY-FIVE DOLLARS and 50/100 ($24,335.50) has been added to the total compensation of this Agreement. City’s Project Manager may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as C ity’s Project Manager and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of an Amendment to Agreement ap proved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services that are specifically requested by the City’s Project Manager. Any and all additional work and services performed under this Agreement shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by City’s Project Manager prior to the commencement of such services.

d. The total amount of compensation under this Agreement, including contingencies, shall not exceed TWO HUNDRED SIXTY-SEVEN THOUSAND SIX HUNDRED NINETY DOLLARS and 50/100 ($267,690.50).

3. Payment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

12. Reserved.

13. Delays and Extensions of Time . Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by City 42 4
will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above, absent a written amendment to this Agreement.

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

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

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

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

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

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

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

17. Indemnity.

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

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

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

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

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

18. Insurance.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

21. Compliance with all Laws/Immigration Laws.

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

b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls wi thin any of the 46 8
classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified prevailing ra tes of wages to all such workers . The general prevailing wage determinations for c rafts can be located on the web site of the Department of Industrial Relations ( www.dir.ca.gov/DLSR). Additionally, to perform work under this Agreement, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.

c. Contractor represents and warrants that Contractor:

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

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

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

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

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

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

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

g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to 47 9
follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City.

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

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

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

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

“CONTRACTOR” “CITY”

Grindline Skateparks, Inc. City of Orange
4619 14th Avenue SW 300 E. Chapman Avenue
Seattle, WA 98106 Orange, CA 92866-1591

Attn.: Matt Fluegge Attn.: Nathan Buhm

Telephone: 206-612-3401 Telephone: 714-532-6491
E-Mail: [email protected] E-Mail: [email protected]

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

[Signatures on next page]

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

“CONTRACTOR” “CITY”

GRINDLINE SKATEPARKS, INC., CITY OF ORANGE, a municipal corporation a Washington corporation

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Melissa M. Crosthwaite
Senior Assistant City Attorney

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

√

49 EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
50 EXHIBIT "A"
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73 Agenda Item
City Council
Item #: 3.4. 10/24/2023 File #: 23-0648
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Agreement with Moore Iacofano Goltsman, Incorporated, dba MIG, Inc. for design services for the Capital Improvement Project New Park in West Orange.

2. SUMMARY
This project includes the award of design work for preliminary plans (Phase 1) and construction documents (Phase 2) for a new, passive park in west Orange. The proposed new park amenities may include ADA concrete paving, fencing, monumentation/trail signage, LED area lighting, kids play feature, seating, dog amenity, landscaping, and various other potential park amenities.

3. RECOMMENDED ACTION

1. Approve agreement with MIG, Inc. in the amount of $245,963.30 for design services for New Park in West Orange (20513); and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $20,963.30 in unreserved Park Acquisition (Infill) (510) fund balance to expenditure account 510.7021.56020.20513 - CIP New Park in West Orange.

4. FISCAL IMPACT
The total expenditure for this agreement is $245,963.30 and will be funded through Park Acquisition (Infill) (510) in account 510.7021.56020.20513 - CIP New Park in West Orange. Upon approval of this appropriation, the estimated fund balance in the 510 fund at June 30, 2024, will be $3.858 million.

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

6. DISCUSSION AND BACKGROUND
A 2.4-acre piece of property (property) managed by Orange County Flood Control (OCFC) located on W. Chapman between Interstate 5 and the 57 Freeway has been identified as a location for a new park on the west side of the City. The property is immediately adjacent to the Santa Ana River and bike trail. Directly across from this property is a proposed workforce housing project sponsored by BLDG Partners. The City worked with BLDG Partners and Agora Partners on the feasibility of building a park on the aforementioned site. Agora Partners completed a conceptual plan for a passive park in Fiscal Year 2022-23. Based on the conceptual plan and feedback from the County, next steps include completing an environmental review, design, and construction. A long-term 50-Year Lease City of Orange Printed on 10/18/2023Page 1 of 3
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74 Item #: 3.4. 10/24/2023 File #: 23-0648
include completing an environmental review, design, and construction. A long-term 50-Year Lease Agreement with OCFC for the property was approved at the September 26, 2023 City Council meeting. The lease agreement is now scheduled to be presented to the Orange County Board of Supervisors for approval.

As a part of the Fiscal Year 2023-24 (FY 24) Community Services Capital Improvement Plan (CIP), the City Council appropriated $225,000 in Park Acquisition (Infill) (510) funding toward the project.

Proposed project program elements may include:
· Paved ADA access for pedestrians and maintenance equipment/vehicles · LED area/security lighting
· Perimeter fencing
· Monument sign and trail signage
· Landscaping
· Benches/seating areas
· Kids play feature
· Dog amenity
· Demonstration garden/public art
· Trash receptacles, bike racks, water stations, and other potential park amenities Per the lease agreement with OCFC, a restroom facility may not be installed on the property.

Space for parking on the east side of the property was included as an additional alternative within the scope of work defined in the Request for Proposals (RFP). This piece of property is not owned by OCFC; however, there is potential in the future for the City to partner with the property owner to install parking.

RFP 23-24.06 was advertised on August 3, 2023, and proposals were due on August 31, 2023. Ten proposals were submitted. Staff evaluated the proposals based on the firm’s experience, overall qualifications, record of success on previous projects, and overall responsiveness to the RFP.

Proposal cost sheets were submitted in separate sealed envelopes and reviewed after the rating process was complete. A Proposal Abstract Summary (Attachment 1) is attached for reference.

Moore Iacofano Goltsman, Inc., dba MIG, Inc. (MIG) received the highest score (93.9 out of 100) and had a total base bid amount of $223,603.

MIG has previous experience in developing designs and construction documents for passive parks in other Southern California cities such as Anaheim, Westminster, and Pasadena. Their passive park design experience includes creating natural, passive recreational areas along river trails that have included amenities such as shade trees, play areas, seating, walking paths, and interactive stations to create an inclusive trail experience. Their detailed proposal demonstrated a solid understanding of the City’sdesign process and project requirements. The City also has had positive experience with MIG, as the vendor who completed the Master Plan for Grijalva Park.

The design work is divided into two phases. Phase 1 will begin the process to design the new park and amenities and Phase 2 is the development of biddable construction documents. Together, both phases will take approximately 6 months to complete and will include several opportunities for public input, including discussion at a future Park Planning and Community Events Commission meeting.

Staff is recommending Council approve an agreement with MIG. MIG’sbase bid total is $223,603, City of Orange Printed on 10/18/2023Page 2 of 3
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75 Item #: 3.4. 10/24/2023 File #: 23-0648
Staff is recommending Council approve an agreement with MIG. MIG’sbase bid total is $223,603, which includes Bid Assistance for the future construction Request For Bids and Construction Support Services during the construction phase of this project. A 10 percent contingency of $22,360.30 is also included for a total not-to-exceed amount of $245,963.30. As mentioned, the City Council previously appropriated $225,000 for the New Park in West Orange project (20513). Staff is thereby also recommending that the City Council appropriate the balance of $20,963.30 in unreserved Park Acquisition (Infill) (510) fund balance to the 20513 project expenditure account in order to facilitate New Park in West Orange design services. Funding for construction will be included in the Fiscal Year 2024-25 budget.

7. ATTACHMENTS
· Proposal Abstract Summary
· Professional Services Agreement with MIG, Inc.

City of Orange Printed on 10/18/2023Page 3 of 3
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76 Agenda Item
City Council
Item #: 3.4. 10/24/2023 File #: 23-0648
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Agreement with Moore Iacofano Goltsman, Incorporated, dba MIG, Inc. for design services for the Capital Improvement Project New Park in West Orange.

3. RECOMMENDED ACTION

1. Approve agreement with MIG, Inc. in the amount of $245,963.30 for design services for New Park in West Orange (20513); and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $20,963.30 in unreserved Park Acquisition (Infill) (510) fund balance to expenditure account 510.7021.56020.20513 - CIP New Park in West Orange.

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

6. DISCUSSION AND BACKGROUND
A 2.4-acre piece of property (property) managed by Orange County Flood Control (OCFC) located on W. Chapman between Interstate 5 and the 57 Freeway has been identified as a location for a new park on the west side of the City. The property is immediately adjacent to the Santa Ana River and bike trail. Directly across from this property is a proposed workforce housing project sponsored by BLDG Partners. The City worked with BLDG Partners and Agora Partners on the feasibility of building a park on the aforementioned site. Agora Partners completed a conceptual plan for a passive park in Fiscal Year 2022-23. Based on the conceptual plan and feedback from the County, next steps include completing an environmental review, design, and construction. A long-term 50-Year Lease City of Orange Printed on 10/18/2023Page 1 of 3
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77 Item #: 3.4. 10/24/2023 File #: 23-0648
include completing an environmental review, design, and construction. A long-term 50-Year Lease Agreement with OCFC for the property was approved at the September 26, 2023 City Council meeting. The lease agreement is now scheduled to be presented to the Orange County Board of Supervisors for approval.

As a part of the Fiscal Year 2023-24 (FY 24) Community Services Capital Improvement Plan (CIP), the City Council appropriated $225,000 in Park Acquisition (Infill) (510) funding toward the project.

Proposal cost sheets were submitted in separate sealed envelopes and reviewed after the rating process was complete. A Proposal Abstract Summary (Attachment 1) is attached for reference.

Moore Iacofano Goltsman, Inc., dba MIG, Inc. (MIG) received the highest score (93.9 out of 100) and had a total base bid amount of $223,603.

Staff is recommending Council approve an agreement with MIG. MIG’sbase bid total is $223,603, City of Orange Printed on 10/18/2023Page 2 of 3
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78 Item #: 3.4. 10/24/2023 File #: 23-0648
Staff is recommending Council approve an agreement with MIG. MIG’sbase bid total is $223,603, which includes Bid Assistance for the future construction Request For Bids and Construction Support Services during the construction phase of this project. A 10 percent contingency of $22,360.30 is also included for a total not-to-exceed amount of $245,963.30. As mentioned, the City Council previously appropriated $225,000 for the New Park in West Orange project (20513). Staff is thereby also recommending that the City Council appropriate the balance of $20,963.30 in unreserved Park Acquisition (Infill) (510) fund balance to the 20513 project expenditure account in order to facilitate New Park in West Orange design services. Funding for construction will be included in the Fiscal Year 2024-25 budget.

7. ATTACHMENTS
· Proposal Abstract Summary
· Professional Services Agreement with MIG, Inc.

City of Orange Printed on 10/18/2023Page 3 of 3
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79 Project: New Park In West Orange Design

PROPOSAL ABSTRACT SUMMARY
Proposal No. 23-24.06
D
ate Advertised: 7/3/2023 -7/16/2023
Proposal Due Date: 8/31/2023

Company

Moore Iacofano
Goltsman, Inc.
(MIG)

David Volz Design
Landscape &
Architects, Inc.

Verde Design Group,
Inc.

RJM Design Group, Inc.

Albert A. Webb
Associates

City (Location of
Contractor)

Fullerton, CA

Costa Mesa, CA

Riverside, CA

San Juan Capistrano, CA

Riverside, CA

Bid Amount Per
Request for Bids

$223,603.00

$330,741.00

$282,905.00

$253,741.00

$224,994.00

Scores

93.9 91.8

90.2 87.9

84.2 80

Project: New Park In West Orange Design

BID ABSTRACT SUMMARY CONTINUED…

Company

Hirsch & Associates,
Inc. Landscape
Architecture &
Planning

Brightview Design
Group

RHA Landscape
Architects Planners, Inc.

Urban Arena, Inc.

BMLA, Inc.

City (Location
of Contractor)

Anaheim, CA

Irvine, CA

Riverside, CA 92506

Costa Mesa, CA

Corona, CA

Bid Amount
Per Request
for Bids

$270,200.00

$224,340.00

$224,550.00

N/A – Hourly rates all
that was provided

$266,830.00

Scores

81.9 80.2

79.8 71.9

70.5 81

PROFESSIONAL SERVICES AGREEMENT
[New Park in West Orange Design Services (RFP No. 23-24.06)]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of _________ ______, 2023 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and MOORE IACOFANO GOLTSMAN, INCORPORATED, dba MIG, INC., a California corporation (“Contractor”), who agree as follows:

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

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

2. Compensation and Fees.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed TWO HUNDRED TWENTY -THREE THOUSAND SIX HUNDRED THREE DOLLARS and 00/100 ($223,603.00) without the prior written authorization of City.

c. In addition to the scheduled services to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by City’s Project Manager. In anticipation of such contingencies, the sum of TWENTY-TWO THOUSAND 82 2
THREE HUNDRED SIXTY DOLLARS and 30/100 ($ 22,360.30) has been added to the total compensation of this Agreement. City’s Project Manager may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as City’s Project Manager and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a n Amendment to Agreement approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services that are specifically requested by the City’s Project Manager. Any and all additional work and services performed under this Agreement shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by City’s Project Manager prior to the commencement of such services.

d. The total amount of compensation under this Agreement, including contingencies, shall not exceed TWO HUNDRED FORTY -FIVE THOUSAND NINE HUNDRED SIXTY-THREE DOLLARS and 30/100 ($245,963.30).

3. Payment.

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

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

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

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

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

83 3

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

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

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

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

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

12. Reserved.

13. Delays and Extensions of Time . Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by City 84 4
will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed am ount stated in Section 2.a, above, absent a written amendment to this Agreement.

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

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

17. Indemnity.

85 5
(1) Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and

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

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

18. Insurance.

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

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

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

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

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

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

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

21. Compliance with all Laws/Immigration Laws.

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

b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls within any of the 88 8
classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified prevailing ra tes of wages to all such workers . The general prevailing wage determinations for c rafts can be located on the web site of the Department of Industrial Relations ( www.dir.ca.gov/DLSR). Additionally, to perform work under this Agreement, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.

c. Contractor represents and warrants that Contractor:

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

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

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

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

g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to 89 9
follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City.

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

“CONTRACTOR” “CITY”

MIG, Inc. City of Orange
109 W. Union Avenue 300 E. Chapman Avenue
Fullerton, CA 92832 Orange, CA 92866-1591
Attn.: Steve Lang Attn.: Robert Ambriz, Jr.

Telephone: 714-871-3638 Telephone: 714-744-7283
E-Mail: [email protected] E-Mail: [email protected]

[Signatures on next page]

90 10
IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.

“CONTRACTOR” “CITY”

MOORE IACOFANO GOLTSMAN, CITY OF ORANGE, a municipal corporation INCORPORATED, dba MIG, Inc., a
California corporation

By:
*By: Daniel R. Slater, Mayor
Printed Name:

Title:

ATTEST:
*By:

Printed Name:

Title:

Pamela Coleman, City Clerk

` APPROVED AS TO FORM:

Melissa M. Crosthwaite
Senior Assistant City Attorney

√

91 EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
92 CITY OF ORANGE

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

NEW PARK IN WEST ORANGE DESIGN
REQUEST FOR PROPOSALS (RFP) NO. 23-24.06

PROPOSALS DUE: August 31, 2023
TIME: 2:00 PM

The documents contained in this Request for Proposal document are considered to be the invitation and not the full final representation of the documents needed to submit a successful response to the proposal described herein.

Interested proposers should subscribe to receive proposal updates and notifications via the City’s website at:
https://public.govdelivery.com/accounts/CACITYORANGE/subscriber/new as well as emailing [email protected] to be added to the contact list for this specific proposal list in order to receive emailed updates of any revised/additional information and addenda.

It is the responsibility of the interested proposer to request being added to the proposal list and to check the website frequently to look for any additional updates.

Project: Design Services For New Park in West Orange
Location: West Chapman Ave. at the Santa Ana River Trail Bikeway Contact: Robert Ambriz, Jr., Parks & Facilities Manager Phone: 714-744-7283 (Office)
Email: [email protected]

INTRODUCTION:

The City of Orange, a Municipal Corporation, is requesting proposals from qualified professional firms for the design and corresponding preparation of construction plans , specifications and cost estimates for the New Park in West Orange project. The project will also include the preparation of appropriate environmental review documentation and all necessary supportive technical studies.

Exhibit A
93 TIME LINE (APPROXIMATE):

1. Mandatory Job walk: August 22, 2023 at 10:00 AM

2. Deadline for Questions: August 24, 2023 by 1:00 PM

3. Proposals Due: August 31, 2023 by 2:00 PM

4. Presentation to City Council: October 24, 2023

5. Notice to Proceed: TBD

PROPOSAL SUBMISSION AND QUESTIONS:

Provide response to the above RFP on attached Proposal Sheet and return all pages of the RFP (including the scope and specification sections) and references.

Please email any questions you may have to Robert Ambriz, Jr., Parks & Facilities Manager at [email protected] on or before Thursday, August 24 by 1:00 PM.

Proposals must be received by August 31, 2023 no later than 2:00 PM at the City of Orange City Clerk’s Office (300 E. Chapman Ave., Orange, CA 92866). Responses may be sent via U.S. Mail or delivered personally to the above address. Please provide three (3) copies of proposal packets and a separate sealed fee proposal.

PROPOSAL PACKETS MUST BE LABELLED APPROPRIATELY:

RFB 23-24.06 - NEW PARK IN WEST ORANGE DESIGN
Attn: City of Orange, City Clerk’s Office

The City reserves the right to reject any and all Proposals and any item or items therein, and to waive any non-conformity of Proposals with this Request for Proposals , whether of a technical or substantive nature, as the interest of the City may require.

94 PROJECT BOUNDARIES:

The site map below represents a general description of the project boundaries. Actual project boundaries will be identified and developed through the design process.

NEW PARK IN WEST ORANGE SITE MAP/PROJECT LOCATION

PROJECT DESCRIPTION:

The project consists of the proposed development of a new passive park in the City of Orange on County of Orange Flood Control property to meet the needs of the community in the west side of the City of Orange. The project should include but not be limited to: ADA concrete paving, fencing, monumentation/trail signage, LED area lighting, electrical infrastructure for security cameras .

Potential park amenities are included in the attached conceptual design (Attachment 2). A bathroom will not be included in the design. The proposed passive park will be developed on a portion of the Parcel, approximately 1.8 -acres along the western bo undary of the Parcel. Exact property boundaries to be determined prior to award of project.

95 A design of a parking lot on the adjacent property (approx. 26,700 sq. ft. and designated by the dashed yellow lines on site map) will be included as an add alternate.

GENERAL PROVISIONS:

1. A mandatory job walk has been scheduled for Tuesday, August 22, 2023 at 10:00 AM located at the corner of W. Chapman Ave. and Renaissance in the City of Orange, directly across the street from the Renaissance at Uptown Orange.

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

3. All described design work shall be in compliance with the City of Orange Public Works Standard Plans and Specifications, the current edition of the CalTrans “Green Book,” the City of Orange Landscape Standards and Specifications, and City of Orange Parks Construction Standards.

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

SCOPE OF SERVICES:

The following is a general outline of the scope of services to be provided by the consultant. While it is intended that the following scope include all elements essential to develop the project, those submitting proposals are advised to perform their own field reconnaissance and include any items which they feel may have been overlooked.

TASK 1 – CONCEPTUAL/PRELIMINARY PLAN

The successful firm is to prepare a Conceptual/Preliminary Plan with schedules and proba ble construction cost estimates. Consultant services shall include, but not be limited to the following:

• Understanding and review of existing record drawings. The City of Orange will provide to the successful firm all available record drawings and AutoCAD/electronic files of the park site. • Conduct site reconnaissance and site survey to confirm existing conditions. • Preparation of an engineered base map which includes: the site boundary/property line, existing grades, location of existing roads, utilities, parking, facilities and improvements, and identification of public right of ways and the location of relevant property ownership and easements if applicable.
• Conduct a kick-off meeting and subsequent meetings with City staff. • Conduct two (2) public input meetings.
• Collect and incorporate design input from the Orange County Flood Control District. • Provide a schedule and timeline showing activity and duration for each task, and relevant milestones.
• Review and identify environmental issues and criteria a nd prepare associated reports and documentation. Consultant shall prepare all appropriate environmental review documentation and all necessary supportive technical studies. Prepare 96 conceptual/preliminary plans and support information such as materials boar ds etc. as necessary to convey design intent.
• Prepare colored presentation documents for and participate in public meetings as needed such as the Park Planning and Community Events Commission and City Council. • Prepare a comprehensive cost estimate and identify any long lead items. • Provide cost saving alternatives for the City to consider.

PRELIMINARY PLAN REQUIREMENTS:

This scope of work assumes the following program: paved ADA access for pedestrians and maintenance equipment/vehicles, LED area/security lighting, electrical infrastructure for security cameras, perimeter fencing, bench/seating areas, monumentation/trail signage, trash receptacles, bike racks, landscaping , and the potential park amenities exhibited on Attachment 2 (without the bathroom). A parking lot on the designated property north of the parcel to provide limited parking spaces shall be included as an add alternative along with project program. Preliminary Plan shall include the following:
• Placement of all new facilities and improvements including setbacks, and any hardscape and/or paving adjustments for typical pedestrian and maintenance vehicle ingress/egress into and around the new facilities and improvements.
• Preparation of a Water Quality Management Plan.
• Preparation of a Preliminary Grading Plan.
• A legend that references and clearly identifies, but is not limited to, all perimeter and interior sidewalks, existing structures and buildings, trees, parking area(s), trail lighting, seating areas, paving/hardscape areas, fencing/walls and any/all parcel amenities. • Photo imagery of the proposed new facilities and improvements that are critical in communicating the design intent.
• The Conceptual/Preliminary plan is subject to criteria as specified within the City of Orange Landscape Standards and Specifications Section III, and Parks Construction Standards Section I - Design Guidelines and Construction Document Preparation. • The final scale of the finished Conceptual/Preliminary plan will be determined by the City of Orange representative and the design firm.
• The Conceptual/Preliminary plan is subject to City of Orange staff review.

ESTIMATED COST/VALUE ENGINEERING OF PROPOSED WORK:

The successful firm is to prepare an initial opinion of probable construction costs for the proposed work. Cost estimate and value engineering is to be comprehensive and include all reasonable and relevant phases of construction/installation.

TASK 2 - CONSTRUCTION DOCUMENTS:

The successful firm is to prepare final working drawings (plans, details, schedules, and specifications) and an updated construction cost estimate for the new improvements as well as any park elements/areas that are to be renovated, to reflect the conclusions of the environmental review and all conditions of approval. Plans and specifications shall comply with all adopted Federal, State, and local laws, ordinances and codes and shall include the following but not be limited to:

• Cover Sheet
• Grading and Drainage Plans and Details 97

• Construction Plans and Details
• Structural Plans and Details
• Electrical Plans and Details
• Utility Plans and Details
• Irrigation Plans and Details
• Planting Plans and Details
• Specifications
• Construction Cost Estimate

ADDITIONAL NOTES FOR CONSTRUCTION DOCUMENT PLAN PREPARATION:

• Construction documents are to be bid ready, including all general notes and specifications. • The construction documents are to comply with all City of Orange Design Guidelines and, if applicable, State of California irrigation and City of Orange planting design standards. • Irrigation plans are to comply with the City’s guidelines fo r Water Efficient Landscapes (WELO).
• The construction document plans/sheets are to be drawn no smaller than 1”= 20’ scale. • The final plan set is subject to City of Orange review. Any needed revisions to the plan set will be provided at no extra fee.

SUBMITTAL REQUIREMENTS:

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

1. A cover letter that conforms to the following:

a. Signed by a person authorized to bind the firm contractually. b. Provides the name, title, address, and telephone number of the individual to whom correspondence and other contacts should be directed during the firm’s selection process.
c. Provides the name, title, address, and telephone number of the individual who is authorized to contractually bind the firm.

2. Firm Information:

a. Legal name of firm and type of organization.
b. All design professional license numbers.
c. Firm location(s) and phone number(s).
d. Date firm established.
e. Number of employees.
f. Name, position, summary of qualifications and related experience, and proposed responsibilities of the firm’s project manager and key personnel on the proposed project team, including any sub consultant positions or sub consultant tasks that would be related to this RFP. Submit appropriate team member resumes as an attachment.

3. Firm Experience:

Provide a brief description of three (3) projects for which the firm has provided a comp arable or similar service within the past ten (10) years, demonstrating its experience on similar projects to those contemplated in this bid proposal. Include the following:
98 a. Client name, contact name, and phone number.
b. Project description and location.
c. Dates of the project(s).
d. Description of services provided.
e. Total cost of services provided.

4. Timeline for completion of work.

5. The Fee Proposal Summary (Exhibit A) and a n hourly fee schedule for additional or extra work (to be submitted separately in a sealed envelope with Fee Proposal).

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

SELECTION CRITERIA:

Evaluation of the proposals shall be based on a competitive selection process. Fiscal responsibility is a priority for the City. However, the evaluation of proposals will not be limited to price alone. The City will select the most qualified firm on the basis of demonstrated competence, experience, references, and value, for services to be performed. The City also reserves the privilege of interviewing the top candidates.

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

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

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

B. Demonstrated record of success by the consultant on work previously performed for the City and/or other municipalities or enterprises.

C. Firm’s responsiveness to the overall request for information within this RFP.

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

SUBMITTAL NOTES:

• Each Firm is to submit, in response to this RFP, said fees in a separate sealed envelope (see Exhibit A: Fee Proposal Summary).

• Each Firm is to include with said Fee Proposal Summary a detailed schedule showing the Firm’s hours/costing that will be dedicated to each phase/discipline of Tasks 1 & 2.

99 • At the conclusion of each phase of the project, the selected fi rm will include and submit to the City of Orange all electronic files on a USB Flash drive in both AutoCAD format as well as PDF.

The City reserves the right to revise this RFP prior to the date the proposals are due. Revisions to the RFP will be sent to all known participants along with being posted in the City of Orange website.

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

The successful firm represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The successful firm represents that it is experienced in performing the work and will follow professional standards in performance of the work. All services provided shall co nform to all federal, state and local laws, rules and regulations and to the best professional standards and practices.

100

Exhibit A

FEE PROPOSAL SUMMARY
This page is to be submitted in a separate sealed envelope.

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

Task 1 – Preliminary Plan $______________________ (Figures)

Task 2 – Construction Documents $______________________ (Figures)

Total Bid_________________________________ $______________________ (Words) (Figures)

Rates and Fees

• Include a separate additional hourly schedule that includes ‘Rates and Fees’ for services requested after award that may be considered as extra or additional work not included in this proposal.

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

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

Authorized Signature___________________________________________________________

Printed Name: ________________________________________________________________

Title: ________________________________________________________________________

Name of Company: ____________________________________________________________

State License Number and Classification Designation: _________________________________

Executed this________day of_________________, 2023 at____________________, California.

101

Attachment 1: New Park in West Orange Design

Sample Liability Insurance

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

Coverage shall be at least as broad as:

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

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

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

Contractor shall maintain limits no less than:

1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and pr operty damage. If
Commercial General Liability i nsurance or
other form with a general aggregate limit
is used, either the ge neral aggregate limit
shall apply separately to this
project/location or the ge neral 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.

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

Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:
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1. The City, its officers, officials, agents and employees are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage shall be provided in the form of an Additional Insured Endorsement (Insurance Services Office, Inc. Form CG 20 10 11 85 or such other form as may be acceptable to the City) to the Contractor’s insurance policy, or as a separate owner’s policy.

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

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice has been provided to the City

The Contractor s hall furnish the City with or iginal certificates of i nsurance and endorsements effecting coverage required by this clause. The endorsements should be on forms acceptable to City. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to do so shall not operate as a w aiver of these insurance requirements. The City reserves the right to require complete, certified copies of all required insurance poli cies, including endorsements effecting the coverage required by th ese specifications at any time.

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

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

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

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

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

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SCHEME B - ACTIVE

FUTURE HOTEL
Increased programming, more energy, some partnerships, more expensive operations, need shade for immersive area & kids, hotel activity accretive (cafe/bar spilling into games area).

DEMO GARDEN
/ PUBLIC ART

GAMES, TABLES, CHAIRS, POSSIBLE LIMITED PARKING

PASSIVE LANDSCAPE FURNITURE
INTERFACE BIKE TOOLS, WATER STATIONS, KIDS’ PLAY FEATURE

DOG AMENITY

IMMERSIVE/ACTIVE

BATHROOM

LOCATION TBD

EDUCATION HISTORICAL, ENVIRONMENT
Attachment 2: New Park In West Orange Design
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Agenda Item
City Council
Item #: 3.5. 10/24/2023 File #: 23-0676
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Agreement with RLA Conservation, LLC for Plaza Park Fountain Conservation Treatment.

2. SUMMARY
The historic Plaza Park fountain was damaged during a vehicle collision on March 13, 2023. Due to the fountain’shistoric nature and the individual listing of the Plaza on the National Register of Historic Places, the work performed on the fountain must meet the Secretary of Interior’s Standards for Historic Rehabilitation. As a result, staff is recommending the approval of an agreement with RLA Conservation, LLC in the amount of $104,005 to complete the necessary repairs and restoration of the fountain including, cleaning of fountain tiles and grout, repairs to the fountain basin and lining, and painting of the fountain/pedestal. Staff is also recommending the appropriation of $75,000 from Park Acquisition (Infill) fund (510) to fund this project.

3. RECOMMENDED ACTION

2. Authorize the appropriation of $75,000 from the Park Acquisition (Infill) fund (510) unreserved fund balance to expenditure account 510.7021.56020.20531 - CIP-Bldg & Improv-Plaza Fountain Repair.

4. FISCAL IMPACT
The total expenditure for the agreement is $104,005 and will be funded in the Plaza Fountain Repair Project (20351) through the Park Acquisition (Infill) fund (510) in account 510.7021.56020.20531 - CIP-Bldg & Improv-Plaza Fountain Repair. Upon approval of this appropriation, the estimated fund balance in fund 510 at June 30, 2024, will be $3.879 million. The project will also be funded through an existing appropriation within the Minor Traffic Control Devices Project (16302) through the Capital Projects (500).

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

6. DISCUSSION AND BACKGROUND
The Plaza Historic District attained significance throughout the state as a historic landmark in 1981 City of Orange Printed on 10/18/2023Page 1 of 3
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Item #: 3.5. 10/24/2023 File #: 23-0676
The Plaza Historic District attained significance throughout the state as a historic landmark in 1981 and was placed on the National Register of Historic Places in 1982. The centerpiece and heart of the Plaza is the historic fountain built in 1937. The most recent in-depth restoration of Plaza Park and the historic fountain occurred in 2000 as part of the comprehensive Plaza Preservation Project, a thorough Redevelopment Agency-funded rehabilitation effort performed in conformance with the City’sHistoric Preservation Design Standards as well as the Secretary of Interior’sStandards for Historic Preservation, the nationally accepted standards for historic preservation practices. At that time, great care was taken to refurbish and repair the tile and floor surface of the fountain basin, as well as the metal, finish, and “dancing waters” function of the fountain itself. The environmental assessment prepared for the project included mitigation requiring a qualified historic preservation professional meeting the Secretary of Interior’sProfessional Qualifications Standards to review and approve construction drawings and perform periodic inspections during construction.

On March 13, 2023, the fountain was damaged during a vehicle collision. The vehicle impact destroyed a section of the fountain basin and damaged some of the adjacent historic tile on the interior and exterior of the basin. Due to the fountain’shistoric nature, the work performed on the fountain must meet the Secretary of Interior’sStandards for Historic Rehabilitation. Particular care is required in the selection of materials, attention to detail, and installation methods to ensure that the restoration work achieves the desired aesthetic outcome upon completion, can withstand the test of time, and maintains the historic integrity of the fountain as a historic character defining feature of The Plaza.

As such, staff engaged the City’shistoric preservation consultant, Chattel, Inc., Historic Preservation Consultants (Chattel) to provide guidance on the reconstruction and repair of the basin including selection of materials, method of installation, and finish details. The scope of services also included guidance related to conservation of historic building materials such as appropriate methods for cleaning and surface preparation processes/specifications for the Plaza fountain, tiles, and basin.

Chattel retained RLA Conservation, LLC (RLA) as a subconsultant to perform the historic conservation services.

RLA assessed the existing tiles, the fountain basin, and the cast iron fountain, which included a materials analysis and testing a variety of products and applications for cleaning. RLA delivered cleaned sample tiles to California Pottery, the vendor retained to manufacture the replacement tiles, in order to begin fabricating the new fountain tiles. RLA provided a Conservation Testing Report to the City in August 2023 and compiled their findings into a scope of work detailing necessary treatment of various components to ensure historical preservation of the fountain.

The Conservation Treatment Proposal submitted by RLA is divided into three categories. The following table details the scope and expense associated with each category:

Group Scope Expense
Conservation Treatment of
the Historic Tile & Grout
Cleaning the tiles; repairing
select damaged tiles;
eliminating damaged grout;
re-grouting areas.
$28,050
Conservation Treatment of
the Basin Cracks & Lining
Micro-abrasion cleaning on
areas of the lining with
engraved dates; repairing
cracks in outer basin; and
recoating the interior basin
lining while protecting and
maintaining the original
engraved date.
$47,350
Conservation Treatment of
the Historic Cast Iron
Fountain
Remove existing coatings
from the central cast iron
basin, lighting conduit,
fixtures, and the upper
fountain and re-coating the
metal surfaces
$19,150
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137
Item #: 3.5. 10/24/2023 File #: 23-0676
Group Scope Expense
Conservation Treatment of
the Historic Tile & Grout
Cleaning the tiles; repairing
select damaged tiles;
eliminating damaged grout;
re-grouting areas.
$28,050
Conservation Treatment of
the Basin Cracks & Lining
Micro-abrasion cleaning on
areas of the lining with
engraved dates; repairing
cracks in outer basin; and
recoating the interior basin
lining while protecting and
maintaining the original
engraved date.
$47,350
Conservation Treatment of
the Historic Cast Iron
Fountain
Remove existing coatings
from the central cast iron
basin, lighting conduit,
fixtures, and the upper
fountain and re-coating the
metal surfaces
$19,150
The total cost for RLA’sscope of work is $94,550. A 10% contingency of $9,455 is recommended to be added for unexpected circumstances. Staff is recommending that the City Council approve an agreement with RLA to provide conservation treatment for the fountain in the amount of $104,005.

With the approval of the City Manager, this vendor is the only one able to perform the required services under the terms and conditions which meet the needs of the City. The project will be funded through two funding sources: the Minor Traffic Control Devices Project (16302) through the General Fund (500) and Park Acquisition (Infill). As such, staff is also recommending that the City Council approve an appropriation of $75,000 from the Park Acquisition (Infill) fund (510) unreserved fund balance to fund this project.

Based on approval of the agreement and RLA’savailability, work is tentatively scheduled to start the beginning of November and anticipated to take 4-6 weeks. Installation of the new tiles will begin once they are received.

7. ATTACHMENTS
· Agreement with RLA Conservation, Inc
City of Orange Printed on 10/18/2023Page 3 of 3
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138
Agenda Item
City Council
Item #: 3.5. 10/24/2023 File #: 23-0676
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Agreement with RLA Conservation, LLC for Plaza Park Fountain Conservation Treatment.

3. RECOMMENDED ACTION

2. Authorize the appropriation of $75,000 from the Park Acquisition (Infill) fund (510) unreserved fund balance to expenditure account 510.7021.56020.20531 - CIP-Bldg & Improv-Plaza Fountain Repair.

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

6. DISCUSSION AND BACKGROUND
The Plaza Historic District attained significance throughout the state as a historic landmark in 1981 City of Orange Printed on 10/18/2023Page 1 of 3
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139
Item #: 3.5. 10/24/2023 File #: 23-0676
The Plaza Historic District attained significance throughout the state as a historic landmark in 1981 and was placed on the National Register of Historic Places in 1982. The centerpiece and heart of the Plaza is the historic fountain built in 1937. The most recent in-depth restoration of Plaza Park and the historic fountain occurred in 2000 as part of the comprehensive Plaza Preservation Project, a thorough Redevelopment Agency-funded rehabilitation effort performed in conformance with the City’sHistoric Preservation Design Standards as well as the Secretary of Interior’sStandards for Historic Preservation, the nationally accepted standards for historic preservation practices. At that time, great care was taken to refurbish and repair the tile and floor surface of the fountain basin, as well as the metal, finish, and “dancing waters” function of the fountain itself. The environmental assessment prepared for the project included mitigation requiring a qualified historic preservation professional meeting the Secretary of Interior’sProfessional Qualifications Standards to review and approve construction drawings and perform periodic inspections during construction.

Chattel retained RLA Conservation, LLC (RLA) as a subconsultant to perform the historic conservation services.

The Conservation Treatment Proposal submitted by RLA is divided into three categories. The following table details the scope and expense associated with each category:

Group Scope Expense
Conservation Treatment of
the Historic Tile & Grout
Cleaning the tiles; repairing
select damaged tiles;
eliminating damaged grout;
re-grouting areas.
$28,050
Conservation Treatment of
the Basin Cracks & Lining
Micro-abrasion cleaning on
areas of the lining with
engraved dates; repairing
cracks in outer basin; and
recoating the interior basin
lining while protecting and
maintaining the original
engraved date.
$47,350
Conservation Treatment of
the Historic Cast Iron
Fountain
Remove existing coatings
from the central cast iron
basin, lighting conduit,
fixtures, and the upper
fountain and re-coating the
metal surfaces
$19,150
City of Orange Printed on 10/18/2023Page 2 of 3
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Item #: 3.5. 10/24/2023 File #: 23-0676
Group Scope Expense
Conservation Treatment of
the Historic Tile & Grout
Cleaning the tiles; repairing
select damaged tiles;
eliminating damaged grout;
re-grouting areas.
$28,050
Conservation Treatment of
the Basin Cracks & Lining
Micro-abrasion cleaning on
areas of the lining with
engraved dates; repairing
cracks in outer basin; and
recoating the interior basin
lining while protecting and
maintaining the original
engraved date.
$47,350
Conservation Treatment of
the Historic Cast Iron
Fountain
Remove existing coatings
from the central cast iron
basin, lighting conduit,
fixtures, and the upper
fountain and re-coating the
metal surfaces
$19,150
The total cost for RLA’sscope of work is $94,550. A 10% contingency of $9,455 is recommended to be added for unexpected circumstances. Staff is recommending that the City Council approve an agreement with RLA to provide conservation treatment for the fountain in the amount of $104,005.

7. ATTACHMENTS
· Agreement with RLA Conservation, Inc
City of Orange Printed on 10/18/2023Page 3 of 3
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CONTRACT
[Plaza Park Fountain Conservation Treatment Services]

THIS CONTRACT (the “Contract”) is made and ente red into as of ___ ___________, 2023 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and RLA CONSERVATION LLC, a California limited liability company (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed

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

(1) Contractor’s scope of work, which is attached hereto as Exhibit A, and incorporated herein.

b. 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.

c. 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.

d. Unless and until otherwise notified in writing by City’s Community Services Director, City’s Senior Project/Landscape Coordinator , Nathan Bluhm (“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 Community Services 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 Community Services Director.

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

ARTICLE 2
Commencement of Work

Contractor shall commence the Work provided for in this Contract within fifteen (15) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within ninety (90) 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.

ARTICLE 3
Compensation

a. Contractor agrees to receive and accept an amount not to exceed NINETY-FOUR THOUSAND FIVE HUNDRED FIFTY DOLLARS and 00/100 ($94,550.00) as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen 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.

b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of NINE THOUSAND FOUR HUNDRED FIFTY -FIVE DOLLARS and 00/100 ($ 9,455.00) has been added to the total compensation of this Contract. The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney . The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to the commencement of such Work or services.
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3 c. The total amount of compensation under this Contract, including contingencies, shall not exceed ONE HUNDRED FOUR THOUSAND FIVE DOLLARS and 00/100 ($104,005.00).

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 p art 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 re imburse City, upon demand, for all expenses incurred in restoring said Work to the condition contemplated in this Contract, including the cost of any equipment or materials replaced.

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

Therefore, when defective equipment, materials or workmanship result in emergency repairs by City, Contractor shall reimburse City, upon demand, for all expenses incurred. Emergency repairs will be deemed as those repairs determined by City’s Director of Community Services 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 144
4 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”) t hat 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 qual ity. 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 Contrac t. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required f or 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 wit h 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 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 prevail ing rates of wages to all such workers . The general prevailing wage determinations for crafts can be located on the website of the Department 145
5 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 W ork which is the subject of this Contract, Contractor shall bear all risks of payment or non -payment of state prevailing wages. “Increased costs” as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time t o 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 146
6 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, men tal 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 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, c ontractors 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 147
7 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.

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

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

(1) City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor (any auto), and with 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 148
8 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 t o either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.

The Workers’ Compensation pol icy 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 149
9 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 co sts of and completion of services performed under this Contract. During the term of this Contract and for a period of three (3) years after termination or completion of this Contract, City shall have the right to inspect and/or audit Contractor's records pertaining to the performance of this Contract at Contractor's office. Contractor shall make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.

ARTICLE 15
Compliance with Laws

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

b. Contractor represents and warrants that it:

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

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

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

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

150
10 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 associ ated 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 regulati ons in connection with the performance of this Contract.

ARTICLE 16
Governing Law and Venue

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

ARTICLE 17
Integration and Amendment

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

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

ARTICLE 18
Notice

Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party 151
11 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”

RLA Conservation LLC City of Orange
5418 Packard Street 300 E. Chapman Avenue
Los Angeles, CA 90019 Orange, CA 92866-1591

Attn: Christina Varvi Attn: Nathan Bluhm

Telephone: 323-377-8425 Telephone: (714) 532-6491
E-Mail: [email protected] E-Mail: [email protected]

ARTICLE 19
Claim Resolution

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

ARTICLE 20
Counterparts

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

[Remainder of page intentionally left blank; signatures on next page] 152
12 “CITY”

CONTRACT, BONDS AND INSURANCE
APPROVED BY:

Melissa M. Crosthwaite
Senior Assistant City Attorney

CITY OF ORANGE, a municipal corporation

By:

Daniel R. Slater, Mayor

ATTEST:

Pamela Coleman, City Clerk

“CONTRACTOR”

RLA CONSERVATION LLC, a California
limited liability company

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

By:

Printed Name:

Title:

√

153

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ATTACHMENT NO. 1

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

Section 1725.5. Registration of contractors; mandatory registration; qualifications and application; fees; exempt contractors
A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by Section 1722.1. (a) To qualify for registration under this section, a contractor shall do all of the following:
(1)(A) Register with the Department of Industrial Relations in the manner 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 an d 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 sinc e 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. 155

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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) 156

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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 con tractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 157

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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 1776 for 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 159

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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 journey man, 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. 160

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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 labor - management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an 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. 161

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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 cal endar 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 underg o 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 162

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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, i f requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the 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 s ubcontractor, 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 163

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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 th e 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 Indust rial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows:
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(i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship and preapprenticeship standards and requirements under this code. (B) An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the apprenticeship program agrees, prior to the receipt of any grant funds, to keep adequate records that document the expenditure of grant funds and to make all records available to the Department of Industrial Relations so that the Department of Industrial Relations is able to verify that grant funds were used s olely for training apprentices. For purposes of this subparagraph, adequate records incl ude, 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 recei ve any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate th e 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 165

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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 executi on 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 h ours per day at not less than 1 ½ times the basic rate of pay.
166

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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 f ormed 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. 167

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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 w hat 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 mutu ally 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 conf er 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. 168

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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 behal f of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontrac tor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section 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 civi l 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. 169

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323.377.8425 • 305.573.7011
http://rlaconservation.com
1 CONSERVATION TREATMENT PROPOSAL
CITY OF ORANGE – PLAZA PARK FOUNTAIN

Prepared for: City of Orange – Community Services Dept.

Attn: Nathan Bluhm, Sr. Project/Landscape Coordinator
300 E. Chapman Ave.

Orange, CA 92866
office: 714-532-6491
[email protected]

Prepared by: Christina Varvi, Chief Conservator
[email protected]
Sonia T. Jerez Fraj, Conservator
[email protected]
Nelson Hallonquist, Director of Operations
[email protected]

Phase I Testing: July 24 - 26, 2023

Date of Proposal:

September 11, 2023

RLA Conservation is pleased to submit the following conservation treatment proposal for the treatment of an historic tiled and painted cast iron fountain located at the center of Plaza Park in the City of Orange, CA. The following proposal is based on the results of testing performed by RLA in late July 2023.

We have divided this proposal into three (3) groups:
• Group A: Conservation Treatment of the Historic Tile & Grout • Group B: Conservation Treatment of the Basin Cracks & Lining • Group C: Conservation Treatment of the Historic Cast Iron Fountain Record images are included in this report. Additional images were taken during the testing phase.

To access all images, please copy and paste the following Dropbox link into your internet browser:

https://www.dropbox.com/scl/fo/iaq84ny0c0kooky9qw1ny/h?rlkey=wdl7zosrme9gygpvm2ou270su&dl=0

Title: Plaza Square Fountain
Date: 1937
Materials:

Dimensions:

Glazed ceramic tile, concrete, cast iron, paint (Tnemec), grout, glass, aluminum
Outer basin: approx. 25’ in diameter
Central Fountain 6’ in diameter x 6.5’ H (including tiled plinth) 170

Los Angeles Studio: 5418 Packard Street • Los Angeles, CA 90019 Miami Studio: 852 NW 71 st Street • Miami, FL 33150
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http://rlaconservation.com
2 DESCRIPTION & SITING:

The fountain at the center of Plaza Square consists of a large outer basin at ground level with a central pedestal upon which a smaller fountain basin is installed. The overall configuration of the fountain has been modified several times since its installation in 1937. However, the majority of its current components are historic. The outer basin consists of poured-in-place concrete clad with glazed ceramic tiles in solid shades of blue, red, orange/terra cotta, golden yellow, and green. The grout may have been replaced or renewed in localized areas at some point in time, but currently appears to be a mixture of what may be white epoxy grout with sanded white cementitious grout smoothed over the skyward-facing surfaces. The interior surfaces of the basin have been coated with an unknown light blue colored coating. The coating is thin enough that the original casting/installation date is still visible. The central plinth is also clad with blue, red, and green tile of varying sizes. The smallest tiles are 1” square and encircle the cylindrical plinth. These tiles are not original/historic and date to the last major intervention in 2001. At the outer vertical face of the basin, there is a bronze dedication plaque set within the tile field and secured with hardware.

There is also a bronze plaque and engraved granite plaque set within the encircling stained concrete pavers.

Mounted atop the central plinth is a painted cast iron pedestal fountain. The paint is glossy white and is monochrome throughout the fountain surface. Mounted to the underside of the upper basin lip are alternating red, white, and blue lightbulb covers that encircle the underside of this basin.

The bulbs appear to be thick glass and are somewhat pill shaped. The conduit, mounts, and sockets appear to be painted aluminum. Water appears to emanate from a primary central spout that is encircled by a ring of smaller spouts that is made of brass or bronze. The supports for the spouts are painted mild steel. Water flows over the upper basin edges and into the larger outer basin. Per the City, the water re-circulates from the smaller upper basin, into the lower basin, and cycles through the plumbing to be pumped up through the smaller basin again. The water is routinely treated with liquid chlorine and dichlor (dichloro-S- Triazinetrione – another type of chlorine) as well as muriatic acid to mitigate development of biological growths and other bacteria from forming. Additionally, a Biodex® brand tile cleaner is also used.

The fountain is centered within Plaza Square, a circular plaza/park encircled by a busy-two-lane roadway at the center of historic downtown Orange, CA. As such, the surfaces are subjected to higher concentrations of corrosive vehicle exhaust particulates. The outer surfaces of the basin are highly accessible to the public and conditions of outer surface tiles indicate frequent public interaction. There are no encroaching plantings around the outer basin perimeter and no overhanging tree branches. The fountain receives shade in the morning and is in full sun the rest of the day. Aside from the lighting underneath the lip of the central basin, there is no other internal or external lighting for the fountain. There is additional ambient light from nearby streetlamps. It is unknown if the fountain specifically is protected with security cameras. New bollards have been installed around the plaza to help mitigate future vehicular accidents.

171

Los Angeles Studio: 5418 Packard Street • Los Angeles, CA 90019 Miami Studio: 852 NW 71 st Street • Miami, FL 33150
323.377.8425 • 305.573.7011
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3 CONDITION:

Part of the outer basin wall and its tiles were damaged when a car left the roadway and struck the fountain. The concrete portion of the wall that is now missing and its tiles will be repaired by McCandless Tile (originally fabricated the fountain) with replica tile fabricated by California Pottery & Tile. However, there are adverse and visually detracting conditions present outside of the accident event that the City would also like to address.

The tile throughout the fountain exhibits varying degrees of mineral deposit accumulation.

Southern California has notoriously hard water. Since the fountain water is re-circulating and not drained and replenished with any set frequency, mineral concentration likely builds up over time as water evaporates, leaving the heavier minerals behind. The concentration of deposits varies depending on location. Tiles above the water line at the interior vertical face of the outer basin exhibit the greatest accumulation of deposits, followed by the north/northeast skyward-facing surfaces of the outer basin due to wind-blown water from the central spouts.

While the tile at the central plinth appears to be in good condition, the extant tile around the cap of the outer basin varies in condition due to its high level of interaction from the general public.

Incised graffiti mars the glaze of multiple tiles. This type of damage cannot be repaired in kind. In- painting can reduce its visually detracting appearance, but it will always be visible to some extent at normal viewing distance (i.e., within 3’). Glaze and clay body losses were also noted and range in size from approximately ¼” in diameter to several inches in diameter. In discussion with the client, losses greater than 1/3 – ½ of the tile may warrant full removal and replacement of the tile in kind due to the excessive extent of damage. Repair attempts have occurred at some of these larger losses, including white cementitious material or straight grout.

The grout throughout the outer fountain basin is in fair to good condition. What appears to be epoxy modified grout at the vertical surfaces appears intact with no cracking or separation occurring at the joins with the tiles. The grout at the skyward facing surfaces is in varied condition.

It appears as though sanded white cementitious grout has been added in these areas. The grout is soiled, cracking, and in some areas missing.

The light blue liner of the interior basin largely appears to be intact. It has discolored over time, likely due to prolonged chemical exposure, abrasion, UV, etc. Due to the accident, there is a sizable amount of dirt and small debris throughout the basin. There are hairline cracks radiating from the central plinth/pedestal to the outer edge of the basin. RLA sounded the length of these cracks and found some localized areas of delamination where the cementitious material below the blue coating was cracked and delaminating. This was only observed on the horizontal surfaces of the basin floor, not the vertical walls. Several hairline cracks were noted in the walls, but they did not sound hollow when sounded. Most of the cracks are at interior surfaces only and may not translate to the exterior/through the full depth of the basin wall. City staff indicated that there were no reported leaks or breaches of the basin seal prior to the accident. However, during the investigation, RLA did observe moderate to heavy mineral deposit build-up at the south/southwest vertical surface, which likely indicates a breach/leak in the outer basin itself. At a minimum, the 172

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4 liner will need patching to blend in the area of wall repair after it has been reconstructed and re- tiled.

According to the City, the central fountain element is in good working order. It is unknown if all of the lights are operating as they should. City staff also indicated that the elevated central fountain basin has been repainted several times. It is unclear if the same Tnemec® products have been used during subsequent re-paintings of the fountain. After performing paint stripping tests, it was evident that the fountain has not been fully stripped to bare metal and primed before re-painting. Multiple layers of paint were noted, some of which were not well bonded to the paint layer below.

Corrosion was noted throughout the cast iron surface, emanating through cracks and pinholes in the paint layers. On the undersides of the smaller upper basin, the paint is very glossy and the texture is thick and not homogenous throughout. There are also gray mineral deposit build-ups on the pedestal. The multiple layers of overpaint must be removed to address the underlying corrosion as well as ensure the cast decorative schemes on the pedestal are not obscured or diminished by applying additional thick layers of overpaint.

SELECT CONDITION PHOTOGRAPHS:

Detail of painted cast iron plinth with adhered and
discolored mineral deposits as well as ferrous corrosion products emanating through the paint coatings and
staining the surface.

Overview of upper basin with ring of brass/bronze, PVC
tubing, and ferrous metal supports.

173

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5 Detail of IBIX® testing in progress on upper fountain rim.

Select area of cast iron plinth after test of paint and corrosion elimination with IBIX® system with garnet media.

Area of west interior vertical surface before treatment with IBIX® system using sodium bicarbonate media.

Area of west interior vertical surface after treatment with IBIX® system using sodium bicarbonate media.

174

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6 Area of west interior vertical surface after treatment with IBIX® system using sodium bicarbonate media.

Area of west interior vertical surface after treatment with IBIX® system using sodium bicarbonate media followed by an additional pass with Stone Pro® Stone & Glass Scrub
undiluted.

Overview of tile with incised graffiti before test 3 (in- painting and varnish).

Overview of tile with incised graffiti after test 3 of in - painting and varnishing. The left -hand side has matte
varnish and the right satin.
175

Los Angeles Studio: 5418 Packard Street • Los Angeles, CA 90019 Miami Studio: 852 NW 71 st Street • Miami, FL 33150
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7 Select area of deteriorated grout before grout test. Select area after grout replacement test.

Select area of blue lining with mark in red of area
before testing IBIX® system. Cracking in basin with
associated material loss also visible.

Select area of recess detail at blue lining after testing with IBIX® system.

176

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8 GROUP A: CONSERVATION TREATMENT OF THE HISTORIC TILE & GROUT

TREATMENT OBJECTIVE: Clean the tiles as well as repair select damaged tiles that have not been replaced. Eliminate damaged grout and re-grout these areas.

PROPOSED TREATMENT:

1. Document the treatment/maintenance with a written report and high-resolution digital photographs. Provide a Dropbox link to all treatment/maintenance images as well as recommendations for ongoing routine maintenance.

2. City of Orange to enlarge fencing footprint so that pedestrians cannot sit on benches immediately outside of fountain area as well as to enable placement of portable bathroom.

City also to add windscreen covering to fencing for duration of tile treatment.

3. Protect all plantings within the fenced-in area with tarps or minimum 2 mil polyethylene sheeting.

4. Erect tent with drop walls that can be moved around the perimeter of the basin to create a more controlled enclosure while blasting.
a. Utilize shop vacuum while blasting to help further reduce media dust cloud.

5. Utilize IBIX® Pro-9 machine with 20 CFM compressor and appropriate water traps. a. At 3 bar/84 psi with 60/200 grit sodium bicarbonate media carefully remove mineral deposits from tile and grout surfaces where applicable. IBIX® nozzle should be approximately six (6) inches from the tile surface.

6. Collect extant media and perform general surface cleaning with filtered tap water and Prosoco® 2010 All Purpose cleaner diluted 10:1 (water to detergent) with a 10-minute dwell time.
a. Rinse with distilled water and dry surfaces.

7. As needed, perform a second pass over select tiles with heaviest mineral deposits with Stone Pro® Stone and Glass Scrub undiluted.
a. Clear with distilled water and dry surfaces.

8. Mechanically remove any areas of unstable grout to sound substrate.

9. Clean raked areas with a conservation-grade detergent in filtered tap water and stiff nylon bristle brushes.
a. Rinse surfaces thoroughly to eliminate any detergent residue that may inhibit bonding and pat dry with microfiber cloths.

10. Pre-wet treatment areas and apply a mix of MAPEI® Keracolor Sanded Grout in White (5000) mixed with Bonstone® Imperial gray #5208 sand using a 4:1 proportion (grout to sand).
a. Cure grout per manufacturer’s specifications, keeping out of direct sunlight and wind while also monitoring surface and ambient temperature during application period.

11. Document location and label each tile that is recommended for replacement. RLA will not remove and replace tiles from the outer basin. This is to be performed by McCandless tile. 177

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9 a. City to retain one to two (1-2) original tiles that are removed for reference and glaze color matching in case additional tile is required in the future. These are in addition to tile fragments retained following the initial accident.

12. For losses smaller than ½” square, in-paint loss with Golden® MSA Conservation Colors and varnish with Golden® MSA Varnish with UV Light Stabilizers in Satin finish. a. In-painting should only be performed on tile that is not submerged in chemically treated water.
b. Note: In-painting may become abraded with frequent public use and/or routine cleaning. Even with a protective varnish, the client/City should expect the color to shift over time and require removal and replacement on an “as needed” basis.

ESTIMATED COSTS:

Note: Costs are inclusive of labor, documentation, materials, equipment, portable toilet, and access. RLA assumes that water hook-ups and electricity will be available within 100’ of the fountain and that parking for at least one (1) vehicle will be provided within close proximity to the site. Due to the method of cleaning, the City will have to add a windscreen to the encircling security fencing to assist with dust control, minimum 7 to 10 feet away from the rim of the fountain. Cost of a windscreen and additional fencing is not included and must be provided by the City for the duration of the work.

Costs are at prevailing wage rates set forth by the CA DIR for Orange County for Tile Finisher – Period 1 good from 8/22/23 through 5/31/24. Costs do not include any permits, bonds, or any type of special licenses or insurance. Costs also assume that no hazardous materials (i.e., lead or asbestos) are present in coatings, glazes, grout, etc. Cost of hazardous materials testing is not included and RLA assumes that the City/client will have this performed ahead of project kick-off. Replication, removal and replacement, as well as re-setting and grouting replacement tiles to be performed by McCandless Tile and is excluded from our scope. Scope of work/costs do not include any other sealing of grout or tile.

A. Total Estimated Cost: $28,050.00

GROUP B: CONSERVATION TREATMENT OF THE BASIN CRACKS & LINING

TREATMENT OBJECTIVE: Perform micro-abrasion on areas of the lining with engraved dates, repair cracks in outer basin as well as recoat the interior basin lining while protecting and maintaining the original engraved date.

PROPOSED TREATMENT:

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10 2. Mechanically remove any areas of unstable, delaminating basin concrete to sound substrate.

3. Route cracks to depth of ½” by ¼” wide for stabilization and filling.

4. Inject cracks with Sikadur® 52 epoxy injection adhesive per manufacturer’s specifications and allow to cure.

5. Fill any extant depression at cracks with Sika MonoTop®-130 Seal mortar per the manufacturer’s specifications.

6. Utilize IBIX® Pro-9 with 20 CFM compressor and 100-grit garnet media at 3-4 bar/84-98 psi at a distance of six to twelve (6-12) inches to locally remove previous lining material from within recesses of original stamped date in fountain basin concrete. a. Greater distance, multiple passes, and/or lower bar/psi may be warranted so as not to loose definition of the letters or numbers as they are original to the fountain’s fabrication.

7. Allow any mortar repairs to cure a minimum of 28 days at 75 degrees Fahrenheit.

8. Verify concrete dryness in accordance with ASTM F 1869 “Standard Test Method for Measuring Moisture Vapor Emission Rate of Concrete Subfloor Using Anhydrous Calcium Chloride” (moisture vapor transmission should not exceed three pounds per 1,000 square feet in a 24 hour period), F 2170 “Standard Test Method for Determining Relative Humidity in Concrete using in situ Probes” (relative humidity should not exceed 80%), or D 4263 “Standard Test Method for Indicating Moisture in Concrete by the Plastic Sheet Method” (no moisture present).

9. Prepare concrete surfaces in accordance with NACE No. 6/SSPC-SP13 Joint Surface Preparation Standards and ICRI Technical Guidelines. Abrasive blast, shot-blast, water jet or mechanically abrade concrete surfaces to remove laitance, curing compounds, hardeners, sealers and other contaminants and to provide an ICRI-CSP 2- 3 surface profile.

Large cracks, voids and other surface imperfections should be filled with a recommended filler or surfacer. Surface prep and coating application to be performed by SoCal Sandblasting & Coatings under RLA’s supervision.

10. Primer: Series L69 Hi-Build Epoxoline II at 4.0 to 6.0 mils DFT.

11. Intermediate Coat: Series L69 Hi-Build Epoxoline II at 4.0 to 6.0 mils DFT. a. Select color that is slightly darker or light gray to ensure the applicator can see areas that have not been adequately coated when topcoat is applied.

12. Finish Coat: Series L69 Hi-Build Epoxoline II at 4.0 to 6.0 mils DFT. a. Color to be determined in conjunction with client/City. There are 512 stock colors available for this product.

ESTIMATED COSTS:

Note: Costs are inclusive of labor, documentation, materials, equipment, portable toilet, and access. RLA assumes that water hook-ups and electricity will be available within 100’ of the fountain and that parking for at least one (1) vehicle will be provided within close proximity to the site. Due to the method of coating removal and re-application, the City will have to add a windscreen to the encircling security fencing to assist with dust control, minimum 7 to 10 feet away from the rim of the fountain. Cost of expanding footprint of fencing and a windscreen is not included and will be provided by the City for the duration of the work. 179

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11 Costs are at prevailing wage rates set forth by the CA DIR for Orange County for Cement Mason – Period 1 and Industrial Painter – Period 1, good from 8/22/23 through 5/31/24. Costs do not include any permits, bonds, or any type of special licenses or insurance. Costs also assume that no hazardous materials (i.e., lead or asbestos) are present in coatings, cement, etc. Cost of hazardous materials testing is not included and RLA assumes that the City/client will have this performed ahead of project kick-off. Scope of work/costs do not include any plumbing, electrical, or other components that relate to fountain functionality/operation. Scope of work/costs do not include any other sealing aside from re-application of the interior basin liner.

B. Total Estimated Cost: $ 47,350.00

GROUP C: CONSERVATION TREATMENT OF THE HISTORIC IRON FOUNTAIN:

TREATMENT OBJECTIVE: Remove existing coatings from the central cast iron basin, lighting conduit and fixtures, and upper fountain works, specify the primer and paint as well as re-coat the metal surfaces.

PROPOSED TREATMENT:

2. City to cut all power and water to central fountain element.

3. City to install windscreen material around perimeter of fountain to aid in media containment.

4. City to remove colored glass lightbulb covers and other easily detachable components to be blasted to ensure full corrosion removal and re-coating.

5. Protect fountain openings, electrical openings/sockets to mitigate fine media ingress. a. Please Note: Fountain works and conduit will not be removed for treatment.

6. While the IBIX® system was effective at removing the coatings, we feel that a local, commercial sandblasting company would be sufficient to remove existing coatings to bare metal. Work to be performed by SoCal Sandblasting & Coating under RLA’s supervision. a. Media and pressure selected should remove coatings and corrosion, but not mar the metal surface otherwise or diminish the integral design texture throughout the central plinth.

7. After overpaint removal, remove any standing dust/debris and degrease surfaces with denatured alcohol to remove any residual surface contaminants.

8. Prime surfaces with Tnemec® 98-H20 Hydro-Zinc at 2.5 to 3.5 mils DFT. a. This primer must be applied immediately after blasting on cast iron and steel surfaces to mitigate flash rusting.

9. Apply tie coat using Tnemec® L69 Epoxoline II at 2.0 to 4.0 mils DFT. 180

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12 a. Select color that is slightly darker or light gray to ensure the applicator can see areas that have not been adequately coated when topcoat is applied.

10. Apply finish coat using Tnemec® 1095 Endura-Shield at 2.0 to 5.0 mils DFT. a. Assume minimum of two (2) coats for topcoat.
b. Color to be determined in conjunction with client/City. Available stock colors are Tank White (15BL), Tnemec White (00WH), or Ash White (01WH).

11. Allow coating to cure a minimum of two (2) weeks before creating other dust that may become embedded in the surface or before turning on the fountain. a. Remove mineral deposits from glass lightbulb covers prior to City re-installing them.

ESTIMATED COSTS:

Note: Costs are inclusive of labor, documentation, materials, equipment, portable toilet, and access. RLA assumes that water hook-ups and electricity will be available within 100’ of the fountain and that parking for at least one (1) vehicle will be provided within close proximity to the site. Due to the method of coating removal and re-application, the City will have to add a windscreen to the encircling security fencing to assist with dust control, minimum 7 to 10 feet away from the rim of the fountain. Cost of expanding fencing footprint and a windscreen is not included and will be provided by the City for the duration of the work.

Costs are at prevailing wage rates set forth by the CA DIR for Orange County for Industrial Painter – Period 1, good from 8/22/23 through 5/31/24. Costs do not include any permits, bonds, or any type of special licenses or insurance. Costs also assume that no hazardous materials (i.e., lead or asbestos) are present in coatings, glazes, grout, etc. Cost of hazardous materials testing is not included and RLA assumes that the City/client will have this performed ahead of project kick-off. Scope of work/costs do not include any plumbing, electrical, or other components that relate to fountain functionality/operation. Scope of work/costs do not include any other sealing aside from re-application of industrial paint coatings.

C. Total Estimated Cost: $ 19,150.00

Summary Cost
A. Total Estimated Cost: $ 28,050.00
B. Total Estimated Cost: $ 47,350.00
C. Total Estimated Cost: $ 19,150.00

Total Estimated Costs: $ 94,550.00

Please Note: Pre-payment of 50% due upon submission of signed proposal. Balance due upon completion.

181

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13 Thank you for the opportunity to care for your collection. Please contact us with any questions.

Prepared By:

Sonia T. Jerez Fraj, Conservator Christina Varvi, Co-Chief Conservator

Accepted by:

(sign name) (print name)

(title & agency) (date)

EXCLUSIONS AND CAVEATS
• This price is valid for a period of 90 days from the date of the proposal. • No work will be performed until a mutually acceptable schedule for work and payment is agreed upon. • Costs are NOT based on Davis Bacon, Service Contract Act or any other legally mandated prevailing wage rates beyond minimum wage. If prevailing wage compliance is required, we reserve the right to modify our proposal accordingly.
• We require clear access to the worksite in an uninterrupted schedule during daytime work hours, Monday through Friday, unless other arrangements are made. • We will require access to water and electricity within 100 feet of the work site. • We will require access to free parking for at least one vehicle in close proximity to the worksite. • We will require access to bathrooms at the worksite.
• Non-toxic trash will be deposited into dumpsters provided by client unless otherwise arranged. • This price does not include any special insurance, permits, licenses, or bonds. • Notwithstanding anything in the proposal/agreement to the contrary, any material or equipment prices provided herein are only applicable to work performed in the next 90 days. After this period, material and equipment prices will be subject to further increases due to any shortages, unavailability or increases in market pricing from any cause whatsoever except to the extent caused by RLA. If, during the performance of the proposal/agreement, any material or equipment price increases, the price shall be increased by an amount necessary to cover such price increases. Where the delivery of material or equipment is delayed, through no fault of RLA, RLA shall not be responsible for any additional costs or damages associated with such delays.
• RLA shall not be considered in default because of any failure to perform the above scope of work under its terms if the failure arises from causes beyond the control and without the fault or negligence of RLA.

Examples of these causes are (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, (9) earthquakes, and (10) unusually severe weather. In each instance, if RLA determines that any failure to perform would result from one or more of the causes above, the delivery schedule shall be revised.
182
Agenda Item
City Council
Item #: 3.6. 10/24/2023 File #: 23-0678
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Trang Nguyen, Finance Director

1. SUBJECT
Agreement with Davis Farr, LLP for accounting services.

2. SUMMARY
An agreement for accounting services in the amount of $80,000.

3. RECOMMENDED ACTION
Approve the agreement with Davis Farr, LLP in the amount of $80,000 for accounting services; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement will be funded by the General Fund (100) for $80,000 in account number 100.1231.51670.00000. Funding will be derived from anticipated salary savings from the Fiscal Year 23-24 adopted budget in the General Fund.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.
d: Effectively manage and develop City assets.

6. DISCUSSION AND BACKGROUND
The Finance Department’s Accounting Division has experienced recent turnover and vacancies.

Currently, there are no experienced accountants on staff. While recruitments are underway, this agreement with Davis Farr, LLP provides coverage in this critical area to assist with closing the books and completing the audit and other required reports for the fiscal year ended June 30, 2023.

The agreement will be funded through anticipated salary savings.

7. ATTACHMENTS
· Professional Services Agreement
City of Orange Printed on 10/18/2023Page 1 of 1
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183
Agenda Item
City Council
Item #: 3.6. 10/24/2023 File #: 23-0678
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Trang Nguyen, Finance Director

1. SUBJECT
Agreement with Davis Farr, LLP for accounting services.

2. SUMMARY
An agreement for accounting services in the amount of $80,000.

3. RECOMMENDED ACTION
Approve the agreement with Davis Farr, LLP in the amount of $80,000 for accounting services; and authorize the Mayor and City Clerk to execute on behalf of the City.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.
d: Effectively manage and develop City assets.

6. DISCUSSION AND BACKGROUND
The Finance Department’s Accounting Division has experienced recent turnover and vacancies.

The agreement will be funded through anticipated salary savings.

7. ATTACHMENTS
· Professional Services Agreement
City of Orange Printed on 10/18/2023Page 1 of 1
powered by Legistar™
184

PROFESSIONAL SERVICES AGREEMENT
[Accounting Services]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on thi s ____ day of ______________, 2023 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and DAVIS FARR, Limited Liability Partnership (“Contractor”), who agree as follows:

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

Trang Nguyen, Finance Director (“City’s Project Manager”), shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of City’s Project Manager (or his/he r designee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager.

2. Compensation and Fees.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed EIGHTY THOUSAND DOLLARS and 00/100 ($80,000.00) without the prior written authorization of City.

3. Payment.

a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.
185
2 b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.

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

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

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

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

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

7. Contractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or i mplied, 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.

186
3 8. Designated Persons. Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement.

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

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

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

12. Reserved.

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

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

Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms 187
4 of compensation and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

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

17. Indemnity.

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

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

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

18. Insurance.

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

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

e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a c ontracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability 189
6 insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.

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

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

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

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

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

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

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

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

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

21. Compliance with all Laws/Immigration Laws.

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

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

c. Contractor represents and warrants that it:

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

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

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

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

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

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

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

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

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

“CONTRACTOR” “CITY”

Davis Farr, LLP City of Orange
18201 Von Karman Ave. Ste 1100 300 E. Chapman Avenue
Irvine, CA 92626 Orange, CA 92866-1591
Attn.: Marc Davis Attn.: Trang Nguyen

Telephone: 949-474-2020 Telephone: 714-744-2235
E-Mail: [email protected] E-Mail: [email protected]

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

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

“CONTRACTOR” “CITY”

DAVIS FARR, Limited Liability CITY OF ORANGE, a municipal corporation Partnership

*By: By:

Printed Name: Marcus D. Davis Daniel R. Slater, Mayor Title: Partner

ATTEST:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Nathalie Adourian
Senior Assistant City Attorney

√

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EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
195
1 October 9, 2023

Ms. Trang Nguyen
Finance Director
City of Orange
300 E. Chapman Avenue
Orange, California 92866

Dear Ms. Nguyen:

We are pleased to confirm the arrangement of our engagement and the nature of the services we will provide to the City of Orange (the “City”).

We will provide as-needed accounting assistance to assist the City in completing its accounting and financial re porting responsibilities while it recruits for full time employees in the Finance Department. We understand that the projects we may perform include:

• Preparation of bank reconciliations
• Preparation of documents as part of the City’s year-end close and annual audit • Analyze general ledger and accounting records
• Other accounting assistance as needed.

This engagement is consultative in nature only and does not include an audit, review compilation or preparation of any tax returns or responding to inquiries or tax examinations by any governmental agency tax authority.

Individuals providing services to the City are employees or contract employees of Davis Farr and are not employees or agents of the City.

We understand the following related to the engagement:

• The work schedule will be determined by Davis Farr and communicated to the City.

We will coordinate with the City as to the actual work days and hours each week.

We understand that hours will fluctuate in order to ensure projects are completed timely.
• Work may be required to be performed onsite in order to use the City’s accounting software and other City resources in order to complete the projects. • The duration of the engagement is not to exceed 6 months. If additional time is required to complete the projects, we will coordinate with the City. • The cost of services to be provided is not to exceed $80,000.

All individuals assigned by Davis Farr to the City will have access to Managers and Partners in our office for as -needed consultation on accounting matters. There will be no additional cost for these consultations unless the City elects to engage us for additional resources.

The skill set and duration of individuals assigned may vary throughout the project period.

Our fixed fees for these consulting services will be billed at the following hourly rates by classification of employee . Invoices will be submitted monthly in arre ars for services 196
Ms. Trang Nguyen
Finance Director
City of Orange
October 9, 2023

2 performed. Invoices are payable upon receipt. If our invoices for this, or any other engagements the City may have with us, are not paid within 30 days, we may suspend or terminate our services for this and any other engagements. In the event our work is suspended or terminated as a result of nonpayment, the City agrees we will not be responsible for any consequences. We plan to continue to assign Wendy Dav is, Senior Consultant, to assist the City.

Classification Hourly Rate
Partner $175
Senior Manager 150
Manager 130
Supervisor 110
Senior Consultant 100
Senior Auditor 95
Staff Auditor 85
Assistant Auditor 75

Please sign and return a copy of this letter to indicate your acknowledgment of, and agreement with, the arrangements for providing accounting assistance to the City.

We appreciate the opportunity to provide these services and believe this letter accurately summarizes the significant terms of our engagement.

Sincerely,

DAVIS FARR, LLP

Marcus D. Davis
Partner

The services and arrangements described in this letter are in accordance with our understanding and are acceptable to us.

City of Orange

By:

Name:

Title:

Date:
197
Agenda Item
City Council
Item #: 3.7. 10/24/2023 File #: 23-0702
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

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

2. SUMMARY
Third Amendment to License Agreement extending the contract term with the County of Orange to allow the Orange County Intelligence Assessment Center to occupy vacant office space on the second floor of Fire Station No. 7/Orange Police Substation (Station) through October 19, 2024.

3. RECOMMENDED ACTION
Approve the Third Amendment to License Agreement with the County of Orange for use of office space at the Station; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
In 2002, the Orange County Board of Supervisors approved the creation of the Terrorist Early Warning Group (TEWG) in response to the terrorist attacks of September 11, 2001. As more agencies throughout the County became involved, the Orange County Intelligence Assessment Center (OCIAC) was formed.

OCIAC was originally housed at the County facility at Loma Ridge; however, this location soon became too small and lacked the technological needs of the unit. As the nearby Station had vacant office space on the second floor (originally designed as a police substation to support the future Santiago Hills II expansion), the County inquired about relocating OCIAC to that location. It was agreed that there would be no cost to lease the office space as the City benefitted by having this unit in Orange as it provides additional law enforcement resources. The license agreement has the County reimbursing the City all operating costs for the utilities used as well as all tenant improvements.

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In 2011, the City and County entered into a five-year license agreement to allow OCIAC to occupy the then-vacant office space.

In October 2016, both parties entered into a new five-year license agreement herein referenced as (the “OriginalAgreement”)to allow the County to continue its use of the space through October 19, 2021.

In 2021, the County notified the City of its intent to relocate OCIAC operations and pursued a one- year extension through October 19, 2022, as documented in the First Amendment.

In 2022, a Second Amendment was executed to initiate the second, one-year extension to continue the lease through October 19, 2023.

The County now desires to amend original agreement to extend the contract term for use of the facility through October 19, 2024, as documented in the Third Amendment. The renewal is being processed for a one-year term as the County continues to relocate the OCIAC operation into another building currently in build-out. At the conclusion of the lease, the office space will revert to a multi- purpose facility operated by the Police Department for training, conferences, and community functions.

7. ATTACHMENTS
· Third Amendment to License Agreement with the County of Orange City of Orange Printed on 10/18/2023Page 2 of 2
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Agenda Item
City Council
Item #: 3.7. 10/24/2023 File #: 23-0702
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

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

4. FISCAL IMPACT
None.

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

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In 2011, the City and County entered into a five-year license agreement to allow OCIAC to occupy the then-vacant office space.

In 2021, the County notified the City of its intent to relocate OCIAC operations and pursued a one- year extension through October 19, 2022, as documented in the First Amendment.

In 2022, a Second Amendment was executed to initiate the second, one-year extension to continue the lease through October 19, 2023.

7. ATTACHMENTS
· Third Amendment to License Agreement with the County of Orange City of Orange Printed on 10/18/2023Page 2 of 2
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Third Amendment Substation 8525 Fort Rd

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

THIRD AMENDMENT TO LICENSE

THIS THIRD AMENDMENT TO LICENSE AGREEMENT (hereinafter referred to as “ Third Amendment”) is made ________________________ 2023, (“Effective Date”) by and between the CITY OF ORANGE, a California municipal corporation (hereinafter referred to as “City”) and the COUNTY OF ORANGE, a political subdivision of the State of California (hereinafter referred to as “ County”). The City and County may individually be referred to herein as a “ Party,” or collectively as the “Parties.”

RECITALS

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

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

III. On October 11, 2016, the Parties entered into a new five-year license (“License”) to allow the County to continue its use of the Substation which furthers the mission and objectives of the MOA, enhances the public health and safety of the residents and businesses in the City and throughout the County.

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

V. On September 27, 2022, the Parties again amended the License to extend the Term for an additional year (“Second Amendment”).

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

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

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

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Third Amendment Substation 8525 Fort Rd

“SECTION 2.2 Term . The term of the License commenced on October 11, 2016, and shall continue in effective until October 19, 2024 (“Term”), unless sooner terminated pursuant to the terms of the License.”

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

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

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Third Amendment Substation 8525 Fort Rd

APPROVED AS TO FORM:

OFFICE OF COUNTY COUNSEL

ORANGE COUNTY, CALIFORNIA

By:

Deputy

CITY

CITY OF ORANGE

By:

Daniel R. Slater, Mayor

ATTEST

By:

Pamela Coleman, City Clerk

APPORVED AS TO FORM

By:

Nathalie Adourian, Senior Assistant City Attorney

COUNTY

COUNTY OF ORANGE

By:

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

Date:

204
Agenda Item
City Council
Item #: 3.8. 10/24/2023 File #: 23-0682
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approve the appropriation of funds for Police Headquarters (HQ) Lobby Roof and Heating, Ventilation, and Air Conditioning (HVAC) Rehabilitation project.

2. SUMMARY
Appropriation of funds from Fund 553, Capital Bond Proceeds to Police Headquarters (HQ) Lobby Roof and Heating, Ventilation, and Air Conditioning (HVAC) Rehabilitation account to ensure sufficient funds for construction management cost (Bid No. 21-22.13; SP-4130).

3. RECOMMENDED ACTION
Authorize the appropriation of $170,000 from Fund 553, Capital Bond Proceeds unreserved fund balance to expenditure account number 553.5028.56020.20444, Police HQ Atrium Rehabilitation.

4. FISCAL IMPACT
Upon approval of the appropriation, the estimated total expenditure for this contract including contingency is $3,992,744 and will be funded in Police HQ Atrium Rehabilitation (20444) through Capital Bond Proceeds (553) in expenditure account number 553.5028.56020.20444, Police HQ Atrium Rehabilitation.

Upon approval of this appropriation, the Capital Bond Proceeds (553) estimated fund balance on October 24, 2023, will be $475,072.

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
On March 8, 2022, the City Council awarded the contract for Police HQ Lobby Roof and HVAC Rehabilitation project to the apparent low bidder, New Dynasty Construction, Co. of Tustin, California in the amount of $3,822,744, representing an original contract amount of $3,475,221 plus a 10% contingency of $347,523. However, the appropriation did not include funds for construction management and contract administration. Therefore, staff is requesting this additional appropriation City of Orange Printed on 10/19/2023Page 1 of 2
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management and contract administration. Therefore, staff is requesting this additional appropriation to cover both staff cost to date and anticipated project management cost until the completion of the project anticipated in January 2024.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.8. 10/24/2023 File #: 23-0682
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approve the appropriation of funds for Police Headquarters (HQ) Lobby Roof and Heating, Ventilation, and Air Conditioning (HVAC) Rehabilitation project.

Upon approval of this appropriation, the Capital Bond Proceeds (553) estimated fund balance on October 24, 2023, will be $475,072.

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
On March 8, 2022, the City Council awarded the contract for Police HQ Lobby Roof and HVAC Rehabilitation project to the apparent low bidder, New Dynasty Construction, Co. of Tustin, California in the amount of $3,822,744, representing an original contract amount of $3,475,221 plus a 10% contingency of $347,523. However, the appropriation did not include funds for construction management and contract administration. Therefore, staff is requesting this additional appropriation to cover both staff cost to date and anticipated project management cost until the completion of the City of Orange Printed on 10/18/2023Page 1 of 2
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to cover both staff cost to date and anticipated project management cost until the completion of the project anticipated in January 2024.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.9. 10/24/2023 File #: 23-0699
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mike Vigliotta, City Attorney

1. SUBJECT
Claims for Damages.

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

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

1. Martha Navarro

2. Luis Pizano

3. Elaine Boschetti

4. Ann Boggs

5. Rodrigo Soares Dearaujo

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND

1. Claim for damages from Martha Navarro alleging property damage when a City tree branch fell on Claimant’s vehicle.

2. Claim for damages from Luis Pizano alleging property damage when a City tree fell on Claimant’s vehicle.

3. Claim for damages from Elaine Boschetti alleging property damage to sewer line due to City tree roots.

4. Claim for damages from Ann Boggs alleging property damage to sewer line due to City tree roots.

5. Claim for damages from Rodrigo Soares Dearaujo alleging property damage and personal injury when Claimant fell off motorcycle after driving over a fire hose on the roadway.

7. ATTACHMENTS
City of Orange Printed on 10/18/2023Page 1 of 2
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· None.

City of Orange Printed on 10/18/2023Page 2 of 2
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Agenda Item
City Council
Item #: 3.9. 10/24/2023 File #: 23-0699
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mike Vigliotta, City Attorney

1. SUBJECT
Claims for Damages.

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

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

1. Martha Navarro

2. Luis Pizano

3. Elaine Boschetti

4. Ann Boggs

5. Rodrigo Soares Dearaujo

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND

1. Claim for damages from Martha Navarro alleging property damage when a City tree branch fell on Claimant’s vehicle.

2. Claim for damages from Luis Pizano alleging property damage when a City tree fell on Claimant’s vehicle.

3. Claim for damages from Elaine Boschetti alleging property damage to sewer line due to City tree roots.

4. Claim for damages from Ann Boggs alleging property damage to sewer line due to City tree roots.

5. Claim for damages from Rodrigo Soares Dearaujo alleging property damage and personal injury when Claimant fell off motorcycle after driving over a fire hose on the roadway.

7. ATTACHMENTS
City of Orange Printed on 10/18/2023Page 1 of 2
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· None.

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Agenda Item
City Council
Item #: 3.10. 10/24/2023 File #: 23-0692
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of cartridge filters and O-rings for PFAS treatment systems from various vendors.

2. SUMMARY
Request to authorize purchase orders in the amount of $300,000 with PDDA Filtration System, $100,000 with Towner Filtration, and $100,000 with Pure Process Filtration for purchase of cartridge filters and O-rings for PFAS treatment systems at various water production wells.

3. RECOMMENDED ACTION
Approve purchase orders for PFAS cartridge filters and O-rings in the amount of $300,000 with PDDA Filtration System, $100,000 with Towner Filtration, and $100,000 with Pure Process Filtration for a total amount of $500,000.

4. FISCAL IMPACT
The total expenditure for these purchases is $500,000 and will be funded through Water Fund (600) expenditure account number 600.8011.51510.00000.

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

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

6. DISCUSSION AND BACKGROUND
The City of Orange PFAS treatment systems at Wells 9, 19, 23, and 24 have been in operation for over a year. Together with the resins, the filters play a vital role in preventing suspended solids from entering the vessels and prolonging the system’sability to remove PFAS from groundwater. As part of an agreement between the Orange County Water District and the City, the operation and maintenance costs including replenishment of filters shall be shared between the agencies at the end of each fiscal year. Due to the long lead times to procure these filters, it is necessary to purchase and stock additional filters in advance to avoid interruption to operations.

The Public Works Department Water Division used an informal bid process to solicit quotes from vendors who currently have the filters and O-rings in stock and can ship out in a timely manner.

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There is no specific vendor that can continually provide the lowest price for both items; therefore, the Water Division will purchase materials from the vendors that offer the lowest price for that item at the time of purchase.

Staff has completed extensive research and identified three vendors who can supply filters and O- rings that meet the treatment system specifications. To ensure competitive pricing and avoid unexpected supply interruption, staff is requesting the City Council authorize the purchase orders to all three vendors, on an as-needed basis, in the amounts shown in the table.

Vendor Amount
PDDA Filtration System $300,000
Towner Filtration $100,000
Pure Process Filtration $100,000
The Public Works Department Water Division continues to monitor and seek out vendors with the lowest prices to ensure the City is getting the best value available.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.10. 10/24/2023 File #: 23-0692
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize purchase of cartridge filters and O-rings for PFAS treatment systems from various vendors.

4. FISCAL IMPACT
The total expenditure for these purchases is $500,000 and will be funded through Water Fund (600) expenditure account number 600.8011.51510.00000.

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

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

The Public Works Department Water Division used an informal bid process to solicit quotes from vendors who currently have the filters and O-rings in stock and can ship out in a timely manner.

There is no specific vendor that can continually provide the lowest price for both items; therefore, the City of Orange Printed on 10/18/2023Page 1 of 2
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There is no specific vendor that can continually provide the lowest price for both items; therefore, the Water Division will purchase materials from the vendors that offer the lowest price for that item at the time of purchase.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.11. 10/24/2023 File #: 23-0695
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize the purchase of six vehicles for various Departments through a Cooperative Purchasing Agreement.

2. SUMMARY
Purchase four Ford F-150s and two Dodge Durangos from National Auto Fleet Group. The City Council has previously approved the Cooperative Purchasing Agreement as the standard for vehicle procurement.

3. RECOMMENDED ACTION
Approve the purchase of four Ford F-150s and two Dodge Durangos from Nation Auto Fleet Group in the amount of $252,763.

4. FISCAL IMPACT
The total expenditure for this purchase is $252,763 and will be funded through the Vehicle Replacement Fund, expenditure account number 720.5023.55212.19999.

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

Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.

6. DISCUSSION AND BACKGROUND
The City Council has previously authorized a Cooperative Purchasing agreement (CPA) using Sourcewell as the standard for vehicle procurement. This purchase is a continuation of that policy.

National Auto Fleet has been awarded the Sourcewell contract number 091521-NAF for Cars, Trucks, Vans, SUVs, and Other Vehicles. Through this contract, National Auto Fleet Group offers a discount of 7% for this transaction, resulting in a total saving of $18,102. The total amount for the purchase of four F-150s and two Durangos is $252,763.

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Current Vehicle Replacement Vehicle Replacement Cost
2001 Crown Victoria (2) Dodge Durango $93,525
2000-2010 Ford F-150 (4) Ford F-150 $159,23
Total $285,606
As is customary for public agencies, the surplus vehicles will be auctioned after removing all equipment for approximately $14,000.

7. ATTACHMENTS
· CPA bids are available for review in the Purchasing Department City of Orange Printed on 10/18/2023Page 2 of 2
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Agenda Item
City Council
Item #: 3.11. 10/24/2023 File #: 23-0695
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorize the purchase of six vehicles for various Departments through a Cooperative Purchasing Agreement.

3. RECOMMENDED ACTION
Approve the purchase of four Ford F-150s and two Dodge Durangos from Nation Auto Fleet Group in the amount of $252,763.

4. FISCAL IMPACT
The total expenditure for this purchase is $252,763 and will be funded through the Vehicle Replacement Fund, expenditure account number 720.5023.55212.19999.

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

Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.

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Item #: 3.11. 10/24/2023 File #: 23-0695
Current Vehicle Replacement Vehicle Replacement Cost
2001 Crown Victoria (2) Dodge Durango $93,525
2000-2010 Ford F-150 (4) Ford F-150 $159,23
Total $285,606
As is customary for public agencies, the surplus vehicles will be auctioned after removing all equipment for approximately $14,000.

7. ATTACHMENTS
· CPA bids are available for review in the Purchasing Department City of Orange Printed on 10/18/2023Page 2 of 2
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Agenda Item
City Council
Item #: 3.12. 10/24/2023 File #: 23-0665
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Adoption of a Resolution approving the submittal of project funding applications to the Orange County Transportation Authority for competitive Measure M2 Regional Traffic Signal Synchronization Program. Resolution No. 11496.

2. SUMMARY
Adoption of Resolution No. 11496 will enable the Orange County Transportation Authority to allocate funds from the Comprehensive Transportation Funding Programs in the amounts specified in the City’s project applications

3. RECOMMENDED ACTION
Adopt Resolution No. 11496. A Resolution of the City Council of the City of Orange approving the submittal of improvement projects to the Orange County Transportation Authority for funding under the competitive Measure M2 Regional Traffic Signal Synchronization Program.

4. FISCAL IMPACT
None at this time. If nominated projects are selected by the Orange County Transportation Authority for award, a future budget transfer and/or appropriation will be requested.

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
In June 2023, the City Council adopted Resolution No. 11468 to approve the City’sLocal Signal Synchronization Plan (LSSP) as part of the Measure M2 Eligibility Process. The LSSP identifies traffic signal synchronization routes including all elements of the Regional (countywide) Signal Synchronization Network located within the City. The Orange County Transportation Authority (OCTA) issued a call for projects for Regional Traffic Signal Synchronization Program (RTSSP) to coordinate traffic signals across jurisdictional boundaries in the county. The City of Orange is coordinating with neighboring agencies on two project funding applications as follows:

1. Kraemer Boulevard/Glassell Street/Grand Avenue (KGG) RTSSP Corridor between City of Orange Printed on 10/18/2023Page 1 of 3
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1. Kraemer Boulevard/Glassell Street/Grand Avenue (KGG) RTSSP Corridor between Kraemer Boulevard/Lambert Road in the City of Brea and Grand Avenue/Dyer Road in the City of Santa Ana. The project is a collaboration with the City of Brea, City of Placentia, City of Anaheim, City of Santa Ana, and the State of California Department of Transportation. This project will be led and implemented by the City of Santa Ana.

2. Ball Road/Taft Avenue RTSSP Corridor between Ball Road/Knott Avenue in the City of Anaheim and Taft Avenue/Tustin Street in the City of Orange. The project is a collaboration with the City of Anaheim and the State of California Department of Transportation. This project will be led and implemented by the City of Anaheim.

In addition to coordinating signal timing, the RTSSP projects allow agencies to implement traffic signal and communications equipment improvements along the corridor. For both nominated corridors, if selected for funding, the City of Orange will modernize existing traffic signal technology at various signals. Some of these improvements will include new traffic signal controllers and cabinets, fiber optic and wireless radio communications between signals, video vehicle detection, CCTV camera, audible pedestrian push button, and new workstations for the Traffic Management Center.

These improvements will help ensure the signals along each corridor can facilitate and operate with optimized synchronized timing.

If awarded, OCTA will fund 80% of all improvements and upgrades to traffic signal infrastructure that otherwise would have been funded entirely by the City. It should be noted that the City of Orange will be a participating city, rather than lead agency, for both nominated corridors. The lead implementing agency for the respective corridors will procure consultant services and manage construction of improvements on behalf of the City of Orange. As a result, the projects are not expected to require significant staffing commitments.

As mentioned above, projects selected for funding will receive Measure M2 funding for 80% of eligible project expenses. The participating agencies are required to provide the balance (20%), in local matching funds. If either nominated project is selected by OCTA for award, a future budget transfer and/or appropriation will be requested. Currently there is sufficient budget already programmed in related projects within the City’sapproved Capital Improvement Program that would be available for transfer to fund the City’s20% project match for both corridors. The estimated costs for Orange’s participation on the nominated corridors are as follows:

1. KGG RTSSP Corridor:
a. Total project cost for Orange’s timing and improvements = $1,350,000 b. Orange’s 20% funding match = $270,000

2. Ball Road/Taft Avenue RTSSP Corridor:
a. Total project cost for Orange’s timing and improvements = $450,000 b. Orange’s 20% funding match = $90,000
By adopting Resolution No. 11496 the City Council requests OCTA allocate funds necessary for the implementation of the Regional Traffic Synchronization Program within each local agency’s jurisdiction. The Resolution will also authorize the Public Works Director to submit synchronization projects for funding consideration under the Comprehensive Transportation Funding Programs City of Orange Printed on 10/18/2023Page 2 of 3
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7. ATTACHMENTS
· Resolution No. 11496
· Map of Kraemer Boulevard/Glassell Street/Grand Avenue RTSSP Corridor · Map of Ball Road/Taft Avenue RTSSP Corridor
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Agenda Item
City Council
Item #: 3.12. 10/24/2023 File #: 23-0665
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

4. FISCAL IMPACT
None at this time. If nominated projects are selected by the Orange County Transportation Authority for award, a future budget transfer and/or appropriation will be requested.

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.

1. Kraemer Boulevard/Glassell Street/Grand Avenue (KGG) RTSSP Corridor between City of Orange Printed on 10/18/2023Page 1 of 3
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Item #: 3.12. 10/24/2023 File #: 23-0665

These improvements will help ensure the signals along each corridor can facilitate and operate with optimized synchronized timing.

1. KGG RTSSP Corridor:
a. Total project cost for Orange’s timing and improvements = $1,350,000 b. Orange’s 20% funding match = $270,000

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE APPROVING THE

SUBMITTAL OF IMPROVEMENT

PROJECTS TO THE ORANGE COUNTY

TRANSPORTATION AUTHORITY FOR

FUNDING UNDER THE COMPETITIVE
MEASURE M2 REGIONAL TRAFFIC SIGNAL
SYNCHRONIZATION PROGRAM.

WHEREAS, the Measure M2 Regional Traffic Signal Synchronization Program targets over 2,000 signalized intersections across Orange County to maintain traffic signal synchronization, improve traffic flow, and reduce congestion across jurisdictions; and

WHEREAS, the City of Orange has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive revenues as part of Measure M2; and

WHEREAS, the City of Orange must include all projects funded by Net Revenues in the seven-year Capital Improvement Program as part of the Renewed Measure M Ordinance eligibility requirement; and

WHEREAS, the City of Orange authorizes a formal amendment to the seven -year Capital Improvement Program to add projects approved for funding upon approval from the Orange County Transportation Authority Board of Directors, if necessary; and

WHEREAS, the City of Orange has currently adopted a Local Signal Synchronization Plan consistent with the Regional Traffic Signal Synchronization Master Plan as a key component of local agencies’ efforts to synchronizing traffic signals across local agencies’ boundaries; and

WHEREAS, the City of Orange will provide matching funds for each project as required by the Comprehensive Transportation Funding Programs Procedures Manual; and

WHEREAS, the City of Orange will not use Renewed Measure M funds to supplant Developer Fees or other commitments; and

WHEREAS, the City of Orange desires to implement multi -jurisdictional signal synchronization listed below; and

WHEREAS, the City Council delegates signature authority to the Public Works Director or his designee to facilitate delivery of the projects.

NOW, THEREFORE, BE IT RESOLVED The City Council of the Ci ty of Orange hereby requests the Orange County Transportation Authority allocate funds in the amounts specified in the City’s application to said City from the Regional Traffic Signal Synchronization 227
2 Program. Said funds, if approved, shall be matched by funds from said City as required and shall be used as supplemental funding to aid the City in signal synchronization along the following projects:

PROJECT FISCAL YEAR
Kraemer Boulevard/Glassell Street/Grand Avenue Corridor 23/24 Ball Road/Taft Avenue Corridor 23/24

ADOPTED this ____ day of ____________________, 2023

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Michael J. Vigliotta, City Attorney

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
228
Brea
Placentia
Santa Ana Anaheim
Orange
Kraemer Boulevard/ Glassell Street/
Grand Avenue Corridor
Caltrans
LEGEND

LAMBERT RD

BIRCH ST

ORBITER ST

BASTANCHURY

PATRICIAN LN

YORBA LINDA BLVD
BREA

GLASSELL
C

ANAHEIM
ORANGE
SANTA
ANA

TAFT AVE

ST GERTRUDE ST

EDINGER AVE
21ST ST
I-5 NB RAMP

WALNUT AVE
SANTA
ANA

LA VETA

CHAPMAN AVE

FLETCHER AVE

WILSON AVE

COLLINS AVE

FAIRHAVEN AVE

PALMYRA AVE

CHAPMAN AVE
C
C
C
Map of Kraemer Boulevard/Glassell Street/Grand Avenue
Regional Traffic Signal Synchronization Program Corridor 229

Legend:

City of Anaheim
City of Orange
Caltrans
Ball Road Corridor
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Agenda Item
City Council
Item #: 3.13. 10/24/2023 File #: 23-0687
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Adoption of a Resolution certifying that the City of Orange has the resources to fund the projects in the Federal Fiscal Years 2024/25-2029/30 transportation improvement program and affirms its commitment to implement all projects in the program. Resolution No. 11497.

2. SUMMARY
Adoption of a resolution is required by the Southern California Association of Governments certifying that funding for its future projects in the Transportation Improvement Program is available and committed.

3. RECOMMENDED ACTION
Adopt Resolution No. 11497. A Resolution of the City Council of the City of Orange which certifies that the City of Orange has the resources to fund the projects in the FFY 2024/25-2029/30 Transportation Improvement Program and affirms its commitment to implement all projects in the program.

4. FISCAL IMPACT
None.

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 Southern California Association of Governments (SCAG) is responsible for developing and submitting the Federal Transportation Improvement Program (FTIP) to the California Department of Transportation (Caltrans) and federal funding agencies. The FTIP is the primary means of implementing the Regional Transportation Plan (RTP) and includes regionally significant projects funded with state and federal funds.

The base FTIP is updated every two years, currently the 2025 FTIP covering Federal Fiscal Years (FFY) 2024-25 through 2029-30 is in its programing phase. SCAG requires local agencies to adopt a resolution certifying that funding for future FTIP projects is available and committed for project City of Orange Printed on 10/18/2023Page 1 of 2
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Item #: 3.13. 10/24/2023 File #: 23-0687
resolution certifying that funding for future FTIP projects is available and committed for project inclusion into the program.

Currently, the City has one project carrying over to the 2025 FTIP cycle. This project is the Santiago Creek Multipurpose Trail Extension Project, which is in the preliminary engineering and environmental phase. Adoption of this resolution will ensure grant funding will be distributed for this project and any future projects the City is awarded between FFY 2024-25 through 2029-30. This resolution is also needed for the City to meet FTIP eligibility requirements for applications to future federal funding opportunities.

Resolution No. 11497 will satisfy the requirement and keep the City’seligibility for state and federal grant funds.

7. ATTACHMENTS
· Resolution No. 11497
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Agenda Item
City Council
Item #: 3.13. 10/24/2023 File #: 23-0687
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

4. FISCAL IMPACT
None.

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

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

The base FTIP is updated every two years, currently the 2025 FTIP covering Federal Fiscal Years (FFY) 2024-25 through 2029-30 is in its programing phase. SCAG requires local agencies to adopt a resolution certifying that funding for future FTIP projects is available and committed for project City of Orange Printed on 10/18/2023Page 1 of 2
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resolution certifying that funding for future FTIP projects is available and committed for project inclusion into the program.

Resolution No. 11497 will satisfy the requirement and keep the City’seligibility for state and federal grant funds.

7. ATTACHMENTS
· Resolution No. 11497
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RESOLUTION NO. 11497

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE W HICH CERTIFIES

THAT THE CITY OF ORANGE HAS THE

RESOURCES TO FUND THE PROJECTS IN THE
FFY 2024/25 – 2029/30 TRANSPORTATION

IMPROVEMENT P ROGRAM AND AFFIRMS

ITS COMMITMENT TO IMPLEMENT ALL
PROJECTS IN THE PROGRAM.

WHEREAS, the City of Orange (City) is located within the metropolitan planning boundaries of the Southern California Association of Governments; and

WHEREAS, City of Orange City Council has authorized projects for submittal to the Federal Transportation Improvement Program (FTIP); and

WHEREAS, the City is the lead agency for projects and will comply with applicable local, state, and federal provisions in cluding but not limited to the Federal Transportation Improvement Program, California Environmental Quality Act, National Environmental Policy Act, Americans with Disabilities Act, and Buy America; and

WHEREAS, the City agrees to construct Transportation Control Measures projects as noted in the amendments in a timely manner or to assist with finding a substitute project.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orange, does hereby affirm the City’s commitment to the projects submitted in the 2025 Federal Transportation Improvement Program.

ADOPTED this ____ day of ____________________, 2023

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

235
2 APPROVED AS TO FORM:

Michael J. Vigliotta, City Attorney

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
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Agenda Item
City Council
Item #: 7.1. 10/24/2023 File #: 23-0686
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Presentation of Economic Development Strategy.

2. SUMMARY
Presentation of Economic Development Strategy to guide City efforts to expand economic opportunities in the community.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
e: Create an environment to attract, retain, and expand economic opportunities.

6. DISCUSSION AND BACKGROUND
Economic Development efforts focus on expanding economic opportunities, ensuring a broad revenue base to fund City services, creating and retaining jobs, providing a wide range of retail, restaurant, and service amenities for residents and visitors, and providing sufficient housing to support economic activity.

History of Economic Development in Orange
In the 1980’s,the City of Orange created the Orange Redevelopment Agency (ORA) and designated multiple project areas in the City. The tax increment generated from ORA allowed the City to fund infrastructure improvements, business improvement programs, and affordable housing development; and hire staff to conduct business attraction, retention, and expansion efforts. As part of the 2011 Budget Act, the California State Legislature approved the dissolution of redevelopment agencies statewide, effective February 1, 2012. Deprived of its funding for economic development, the City of Orange disbanded its Economic Development Department and reassigned the ten staff members to various departments.

In the 11 years since the dissolution of ORA, the City has generally had one staff member assigned to business attraction, retention, and expansion efforts, although that staff member has also had other job duties that occupy a significant portion of their time. The annual budget for economic development efforts allows for the design and printing of one to two marketing brochures, and to City of Orange Printed on 10/19/2023Page 1 of 3
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Item #: 7.1. 10/24/2023 File #: 23-0686
development efforts allows for the design and printing of one to two marketing brochures, and to send three staff members to the ICSC retail convention.

Economic Development Strategy
The proposed Economic Development Strategy (EDS) would guide City economic development efforts. It outlines the conditions necessary to foster economic development, which are:
· Effective public safety
· High quality public infrastructure
· Quality of life services such as parks, libraries, historic preservation, and code enforcement · Responsive and effective government that is efficient and provides a high level of customer service
· A sustained, proactive economic development program with sufficient resources and a range of tools to achieve its objectives
The EDS also proposes seven objectives:

1. Identify and build on Orange’s key economic strengths.

2. Identify existing economic development resources and opportunities to develop additional resources.

3. Retain existing Orange businesses.

4. Facilitate private property investment.

5. Attract quality businesses to the City.

6. Promote Orange as a destination for visitors.

7. Provide housing at all income levels while preserving the character of existing neighborhoods.

The final component of the EDS is an Action Plan of activities that are proposed to be completed this fiscal year:
· Convene an Economic Development Forum to better identify Orange’seconomic development strengths and resources, and discuss additional strategies · Organize an Economic Development Roundtable to meet regularly and discuss the implementation of this Economic Development Strategy
· Meet with Orange hotels to discuss interest in establishing a Tourism Improvement District (TID) and present a report to City Council with policy options to promote Orange as a visitor destination
· Identify tools to finance infrastructure and other improvements to Uptown Orange, Tustin Street, and other major commercial corridors
· Research the effectiveness of Enhanced Infrastructure Financing Districts and provide recommendations to City Council
· Explore the development of a Shop Local program in partnership with the Orange Chamber of Commerce
· Continue to work with ATN and the Orange Chamber of Commerce on a microtransit service for Old Towne
· Continue to work with OCTA on a circulator service to connect Uptown Orange, South Main City of Orange Printed on 10/19/2023Page 2 of 3
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· Continue to work with OCTA on a circulator service to connect Uptown Orange, South Main Street, and Old Towne
· Conduct outreach to Old Towne businesses regarding the design and implementation of parking management solutions
· Request proposals for City Council consideration to create a vision, place branding, and place making for a resort district on West Katella Avenue that is complimentary to OC Vibe and OC Riverwalk
Many of the items in the Action Plan will require future City Council consideration. The proposed EDS is meant as a starting point and will evolve through input from the City Council, the Economic Development Forum, and the Economic Development Roundtable.

7. ATTACHMENT
· City of Orange Economic Development Strategy
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Agenda Item
City Council
Item #: 7.1. 10/24/2023 File #: 23-0686
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Presentation of Economic Development Strategy.

2. SUMMARY
Presentation of Economic Development Strategy to guide City efforts to expand economic opportunities in the community.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
e: Create an environment to attract, retain, and expand economic opportunities.

In the 11 years since the dissolution of ORA, the City has generally had one staff member assigned to business attraction, retention, and expansion efforts, although that staff member has also had other job duties that occupy a significant portion of their time. The annual budget for economic development efforts allows for the design and printing of one to two marketing brochures, and to City of Orange Printed on 10/19/2023Page 1 of 3
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Item #: 7.1. 10/24/2023 File #: 23-0686
development efforts allows for the design and printing of one to two marketing brochures, and to send three staff members to the ICSC retail convention.

1. Identify and build on Orange’s key economic strengths.

2. Identify existing economic development resources and opportunities to develop additional resources.

3. Retain existing Orange businesses.

4. Facilitate private property investment.

5. Attract quality businesses to the City.

6. Promote Orange as a destination for visitors.

7. Provide housing at all income levels while preserving the character of existing neighborhoods.

The final component of the EDS is an Action Plan of activities that are proposed to be completed this fiscal year:
· Convene an Economic Development Forum to better identify Orange’seconomic development strengths and resources, and discuss additional strategies · Organize an Economic Development Roundtable to meet regularly and discuss the implementation of this Economic Development Strategy
· Meet with Orange hotels to discuss interest in establishing a Tourism Improvement District (TID) and present a report to City Council with policy options to promote Orange as a visitor destination
· Identify tools to finance infrastructure and other improvements to Uptown Orange, Tustin Street, and other major commercial corridors
· Research the effectiveness of Enhanced Infrastructure Financing Districts and provide recommendations to City Council
· Explore the development of a Shop Local program in partnership with the Orange Chamber of Commerce
· Continue to work with ATN and the Orange Chamber of Commerce on a microtransit service for Old Towne
· Continue to work with OCTA on a circulator service to connect Uptown Orange, South Main City of Orange Printed on 10/19/2023Page 2 of 3
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· Continue to work with OCTA on a circulator service to connect Uptown Orange, South Main Street, and Old Towne
· Conduct outreach to Old Towne businesses regarding the design and implementation of parking management solutions
· Request proposals for City Council consideration to create a vision, place branding, and place making for a resort district on West Katella Avenue that is complimentary to OC Vibe and OC Riverwalk
Many of the items in the Action Plan will require future City Council consideration. The proposed EDS is meant as a starting point and will evolve through input from the City Council, the Economic Development Forum, and the Economic Development Roundtable.

7. ATTACHMENT
· City of Orange Economic Development Strategy
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City of Orange Economic Development Strategy

Purpose
The purpose of the City of Orange Economic Development Strategy is to guide City efforts to:
 Foster a positive environment that expands economic opportunities  Ensure a broad revenue base to fund City services
 Create and retain quality jobs in the city
 Provide a wide range of retail, restaurant, and service amenities for residents and visitors
 Ensure that housing development supports the needs of residents and businesses

Conditions that Foster Economic Development
Economic Development does not happen in a vacuum, and creating the right conditions for development relies on these essential factors:
 Effective public safety
 High quality public infrastructure
 Quality of life services such as parks, libraries, historic preservation, and code enforcement
 Responsive and effective government that is efficient and provides a high level of customer service
 A sustained, proactive economic development program with sufficient resources and a range of tools to achieve its objectives

Economic Development Team
Under the direction of the City Council, the City Manager’s Office leads economic development efforts in partnership with the Community Development Department and other City departments. The City Manager’s Office takes the lead on business attraction, retention, and expansion efforts, while the Community Development Department oversees the development review process and affordable housing development. City efforts are augmented through partnerships with the Orange Chamber of Commerce, Small Business Administration, the Small Business Development Center, and other economic development nonprofits.

Economic Development Objectives

1. Identify and build on Orange’s key economic strengths.

Orange’s key economic strengths include:
 Diversified economic base
 High quality infrastructure
 Excellent public safety and municipal services
 World renowned health and educational facilities
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 A city with character and diverse communities including historic districts, Orange Park Acres, El Modena, and Uptown Orange

Building on these strengths requires a multi-faceted approach that includes ensuring sufficient funding for infrastructure and other municipal services as well as developing partnerships with educational and health institutions. Historic preservation and place making investments can support the character of diverse neighborhoods.

2. Identify existing economic development resources and opportunities to develop additional resources.

The City has one full-time staff member dedicated to economic development, along with a marketing budget to produce and print one to two promotional brochures per year and a conference budget to pay for membership and send three staff members to the annual ICSC retail conference.

The City has the following economic development incentives to offer businesses when appropriate:

 Sales Tax Sharing Ordinance
 Transient Occupancy Tax Sharing Ordinance
 Industrial Development Authority financing

In addition, the City has developed partnerships with the following organizations to support economic development efforts:

 Orange Chamber of Commerce
 Small Business Administration
 Small Business Development Center

The following are opportunities to develop additional resources:
 Pursue additional partnerships with Chapman University and Santiago Canyon College
 Develop partnerships with neighboring cities to develop regional economic development strategies
 Explore the creation of the following:
o Tourism Improvement District
o Business Improvement District
o Enhanced Infrastructure Financing District
o Economic Development Roundtable
 Consider membership in the following organizations:
o International Economic Development Council
o California Association of Local Economic Development
o Orange County Business Council

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3. Retain existing Orange businesses.

Develop relationships to retain top employers and sales tax producers. This effort involves talking to businesses about their needs and business plans, monitoring when leases on key properties expire, and ensuring that businesses have the resources and support they need to be successful. A Shop Local program could be implemented to encourage residents to support local businesses.

Targeted Business Sectors:

 Hospitals/Medical
 Auto Dealers
 Malls/Shopping Centers
 Industrial
 Office
 Public Institutions

4. Facilitate private property investment.

Private property investment is the lifeblood of economic development as the private sector has far greater resources than local government. Well designed property investment provides enormous public benefits such as job creation and aesthetic improvements while enhancing City revenues and spurring additional private investment into neighboring properties. The following can help create the ideal conditions for private investment:

 Ensure zoning that facilitates investment
 Provide public infrastructure to support private investment  Identify properties ripe for redevelopment
 Provide a streamlined development review process that eliminates unnecessary delays and reduces uncertainty from discretionary and subjective review processes

5. Attract quality businesses to the city.

Business attraction efforts focus on building relationships with property owners, brokers, leasing agents, retailers, and developers to fill vacant commercial properties with new businesses that meet community needs. Efforts also include attending economic development conferences and conventions, marketing Orange as an attractive place to do business, and staying abreast of changes in the retail sector.

Targeted Business Sectors:
 Hotel
 Big Box Retail
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 Auto Dealers
 Cultural and entertainment amenities

6. Promote Orange as a destination for visitors.

Orange is located in Orange County, one of the premier visitor destinations in the world. Orange hotels are considered part of the Disneyland hotel market, which serves the Disney Resort, Anaheim Convention Center, Anaheim Stadium, and Honda Center. The Outlets at Orange and Old Towne Orange are popular amenities for visitors to the area.

 Outreach to Orange hotels to explore the creation of a Tourism Improvement District (TID) to provide funding for tourism promotion and placemaking improvements in visitor areas
 Continue to collaborate with OCTA and ATN to develop transportation solutions to support visitors and residents in Uptown and Old Towne Orange  Deepen partnerships with the Orange Chamber of Commerce, City of Anaheim, and Visit Anaheim to benefit Orange’s visitor-serving businesses  Create a vision, place branding, and place making to develop a visitor- focused district on West Katella Avenue that is complimentary to the OC Vibe and OC Riverwalk developments
 Work with the Orange Police Department and Code Enforcement to ensure that they have sufficient resources to keep visitor-serving areas safe and attractive
 Ensure that Public Works has sufficient resources to build and maintain infrastructure to support development in visitor-serving areas

7. Provide housing at all income levels while preserving the character of existing neighborhoods.

Adequate housing supply is an important economic development driver as it ensures that businesses have the workers and customers that they need to be successful. The following policies support housing development:

 Allow for density where appropriate to address the lack of available land for new housing development
 Provide flexible zoning to allow mixed use developments in commercial and other zones where appropriate, and allow for a wide range of housing products
 Provide a streamlined entitlement and plan review process to facilitate housing development
 Work with the Building Industry Association to ensure that housing permit fees are not an impediment to housing production
 Develop workforce and affordable housing to ensure that enough housing units are developed at every income level

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Fiscal Year 2023-24 Action Plan

The following activities are proposed to be completed this fiscal year:

 Convene an Economic Development Forum to better identify Orange’s economic development strengths and resources, and discuss additional strategies  Organize an Economic Development Roundtable to meet regularly and discuss the implementation of this Economic Development Strategy  Meet with Orange hotels to discuss interest in establishing a Tourism Improvement District (TID) and present a report to City Council with policy options to promote Orange as a visitor destination
 Identify tools to finance infrastructure and other improvements to Uptown Orange, Tustin Street and other major commercial corridors
 Research the effectiveness of Enhanced Infrastructure Financing Districts and provide recommendations to City Council
 Explore the development of a Shop Local program in partnership with the Orange Chamber of Commerce
 Continue to work with ATN and the Orange Chamber of Commerce on a microtransit service for Old Towne
 Continue to work with OCTA on a circulator service to connect Uptown Orange, South Main Street, and Old Towne
 Conduct outreach to Old Towne businesses regarding the design and implementation of parking management solutions
 Request proposals for City Council consideration to create a vision, place branding, and place making for a resort district on West Katella Avenue that is complimentary to OC Vibe and OC Riverwalk
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Agenda Item
City Council
Item #: 7.2. 10/24/2023 File #: 23-0666
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with Dixon Resources Unlimited for Professional Services related to the Old Towne Smart Parking Program Development and Implementation Project.

2. SUMMARY
The consultant will be developing parking policy options for a sustainable parking program in Old Towne. The scope of work includes the determination of specific smart infrastructure that would be compatible with the City’sneeds, how best to phase their deployment, optimal fee structures for paid parking should that be implemented, and other supplemental funding mechanisms that may be beneficial for addressing long-term parking needs. The consultant will also lead the effort to build consensus among affected business owners.

3. RECOMMENDED ACTION

2. Authorize $8,100 (15%) of the contract amount for contingency purposes.

4. FISCAL IMPACT
The total expenditure for this agreement is $62,140, including a 15% contingency, and will be funded in the Evaluation of Smart Parking Devices For Old Towne Project (20522) through Parking In Lieu (555), expenditure account 555.5031.56100.20522.

5. STRATEGIC PLAN GOALS

1. Provide for a safe community
b. provide and maintain infrastructure necessary to ensure the safety of the public.

2. Be a fiscally healthy community
d. effectively manage and develop City assets.

6. DISCUSSION AND BACKGROUND
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Item #: 7.2. 10/24/2023 File #: 23-0666
Purpose and Background
As Old Towne Orange becomes more of a destination, the need and opportunity to implement parking policy changes is becoming increasingly evident. And while the recent Old Towne Parking study indicated a current overall parking surplus, the shortage of parking in central areas, desire to increase economic potential, and recent state legislation has accelerated the need to address parking in downtown.

Key takeaways from the recently completed Old Towne Parking Study (April 2023) included: an existing parking imbalance (spaces are generally only available farther from the Plaza;) future parking shortfall; high costs of constructing additional parking supply (beyond the 160+ spaces that could be constructed on Grand Street over the old Fire Station headquarters;) and a recommendation to implement smart parking technologies to address the above. Also recommended in conjunction with smart parking was considering the implementation of paid parking strategies and exploring other funding mechanisms that can finance parking infrastructure projects. Doing so can help the City more effectively manage growing parking demand and increase access to local businesses while also providing revenue for operating and capital needs.

Smart Parking Technology
Smart parking technologies can optimize the use of existing facilitates and, at the same time, facilitate revenue generation that can be reinvested into the parking infrastructure. These technologies can affect substantial change in how parking facilities are utilized and transform the dynamic of an area. Thus, they often serve as the cornerstone of many successful municipal parking programs across the country. Among other capabilities, smart parking systems can:
· provide flexibility in communicating real-time information to visitors regarding locations of available parking supply.
· simplify implementation and enforcement of paid parking, if so desired. · allow for variable fee rates that can be set based on times of day (demand.) · be compatible with mobile device apps so that everything is “at the fingertips”. · significantly enhance mobility by linking to future app-based transit services, including micro transit, for all-in-one service. Potentially, one could use a single app to find a parking space, make a payment, and hail a ride to their destination. · have phased deployments based on capital availability and/or parking demand management needs.

Consultant Scope of Work
The consultant will develop an Old Towne Smart Parking Program, providing a road map for potential parking policy changes that are built around smart parking technologies.

Because such parking programs can potentially affect many business stakeholders, some of which may have both overlapping needs and competing interests, stakeholder engagement is critical in building consensus. The consultant, with support from the City Manager’sOffice and the Public City of Orange Printed on 10/19/2023Page 2 of 4
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Item #: 7.2. 10/24/2023 File #: 23-0666
building consensus. The consultant, with support from the City Manager’sOffice and the Public Works Department, will be responsible for conducting a multi-pronged outreach effort that tailors a parking program to the merchants’expressed needs and objectives. Among other responsibilities, the consultant will host and organize meetings, present information, obtain input, develop strategies, and build the necessary consensus.

With the stakeholders’goals in mind, the consultant will assist the City in developing feasible options for smart parking equipment. There are many vendors and products in the marketplace, each with strengths and weaknesses, and all having different levels of compatibility with the City’sneeds. From appearance to functionality, the consultant will help narrow down appropriate products and develop alternatives for phasing deployments, including determination of associated capital outlay and maintenance and operation costs.

In addition, the consultant will analyze parking rate structures, including using financial models to determine revenue generation potential, as well as corresponding impacts to parking demand and distribution. Moreover, the consultant will evaluate cooperative options/funding mechanisms for supplementing operational costs and/or subsidizing the capital costs of enhancing the public parking supply.

Lastly, the consultant will document the components of the Old Towne Smart Parking Program in a report that will be presented to the City Council.

Procurement Process
To engage the expertise of consultants who have successfully developed/implemented parking programs for other agencies, the City issued a request for proposals (RFP 23-24.09) on August 31, 2023. As of the September 28 deadline to submit, three proposals were received, two of which were responsive to the requirements of the RFP.

A three-member selection committee was assembled to evaluate the proposals based on the following criteria:
· Project Understanding
· Experience with Similar Projects
· Clarity of Proposal/Organization and Schedule
· Thoughtfulness in Addressing Requirements
· Approach
· Cost
After evaluating the responsive proposals, the committee selected Dixon Resources Unlimited. The Dixon proposal was concise and comprehensive, with the company having demonstrated success on similar projects for other California cities. In addition, Dixon’scost proposal represents the best value to the City, and its team members have been involved in all phases of parking system planning, design, operations, and financial analysis, including public outreach. Moreover, they are recognized as industry leaders and have a track record of satisfied municipal clients.

If approved, the agreement would be for $54,050 plus a 15% contingency of $8,100, totaling City of Orange Printed on 10/19/2023Page 3 of 4
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Item #: 7.2. 10/24/2023 File #: 23-0666
$62,150.

7. ATTACHMENTS
· Professional Services Agreement with Dixon Resources Unlimited City of Orange Printed on 10/19/2023Page 4 of 4
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Agenda Item
City Council
Item #: 7.2. 10/24/2023 File #: 23-0666
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with Dixon Resources Unlimited for Professional Services related to the Old Towne Smart Parking Program Development and Implementation Project.

3. RECOMMENDED ACTION

2. Authorize $8,100 (15%) of the contract amount for contingency purposes.

5. STRATEGIC PLAN GOALS

1. Provide for a safe community
b. provide and maintain infrastructure necessary to ensure the safety of the public.

2. Be a fiscally healthy community
d. effectively manage and develop City assets.

6. DISCUSSION AND BACKGROUND
City of Orange Printed on 10/19/2023Page 1 of 4
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Item #: 7.2. 10/24/2023 File #: 23-0666
Purpose and Background
As Old Towne Orange becomes more of a destination, the need and opportunity to implement parking policy changes is becoming increasingly evident. And while the recent Old Towne Parking study indicated a current overall parking surplus, the shortage of parking in central areas, desire to increase economic potential, and recent state legislation has accelerated the need to address parking in downtown.

Consultant Scope of Work
The consultant will develop an Old Towne Smart Parking Program, providing a road map for potential parking policy changes that are built around smart parking technologies.

Because such parking programs can potentially affect many business stakeholders, some of which may have both overlapping needs and competing interests, stakeholder engagement is critical in building consensus. The consultant, with support from the City Manager’sOffice and the Public City of Orange Printed on 10/19/2023Page 2 of 4
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Item #: 7.2. 10/24/2023 File #: 23-0666
building consensus. The consultant, with support from the City Manager’sOffice and the Public Works Department, will be responsible for conducting a multi-pronged outreach effort that tailors a parking program to the merchants’expressed needs and objectives. Among other responsibilities, the consultant will host and organize meetings, present information, obtain input, develop strategies, and build the necessary consensus.

Lastly, the consultant will document the components of the Old Towne Smart Parking Program in a report that will be presented to the City Council.

If approved, the agreement would be for $54,050 plus a 15% contingency of $8,100, totaling City of Orange Printed on 10/19/2023Page 3 of 4
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Item #: 7.2. 10/24/2023 File #: 23-0666
$62,150.

7. ATTACHMENTS
· Professional Services Agreement with Dixon Resources Unlimited City of Orange Printed on 10/19/2023Page 4 of 4
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PROFESSIONAL SERVICES AGREEMENT
[Old Towne Smart Parking Program Development Services]

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

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

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

2. Compensation and Fees.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed FIFTY-FOUR THOUSAND FIFTY DOLLARS and 00/100 ($54,050.00) without the prior written authorization of City.

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

c. In addition to the scheduled services to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by City' s Project Manager. In anticipation of such contingencies, the sum of EIGHT THOUSAND ONE HUNDRED DOLLARS and 00/ 100 ($8,100.00) has been added to the total compensation of this.

Agreement. City' s Project Manager may approve the additional work and the actual costs incurred 256
2 by the Contractor in performance of additional work or services in accordance with such amount as City' s Project Manager and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of an Amendment to Agreement approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services that are specifically requested by the City' s Project Manager. Any and all additional work and services performed under this Agreement shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by City' s Project Manager prior to the commencement of such services.

d. The total amount of compensation under this Agreement, including contingencies shall not exceed SIXTY-TWO THOUSAND ONE HUNDRED FIFTY and 00/ 100 ($62,150.00).

3. Payment.

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

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

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

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

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

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

6. Independent Contractor . At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the 257
3 right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all mat ters 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 th at it and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

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

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

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

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

12. Reserved.

13. Delays and Extensions of Time . Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by City will cause it to incur add itional costs, it must specify, in writing, why the delay has caused 258
4 additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount stated in Section 2.a , above, absent a written amendment to this Agreement.

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

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

16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a consultant to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees hav e a financial interest as defined in Section 8710 3 of the Government Code.

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

17. Indemnity.

a. To the fullest extent permitted by law , Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:
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5 (1) Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and

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

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

18. Insurance.

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

c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($1,000,000.00); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis.

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

f. Contractor shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a minimum limit of One Million Dollars ($ 1,000,000.00) per claim. Contractor agrees to keep such policy in force and effect for at least five (5) years from the date of completion of this Agreement.

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

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

i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest editi on of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either 261
7 licensed or admitted to conduct business in California so long as such insurer pos sesses the aforementioned Best rating.

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

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

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

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

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

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

21. Compliance with all Laws/Immigration Laws.

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

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

c. Contractor represents and warrants that it:

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

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

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

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

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

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

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

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

“CONTRACTOR” “CITY”

Dixon Resources Unlimited City of Orange
3639 Midway Drive, Suite B345 300 E. Chapman Avenue
San Diego, CA 92110 Orange, CA 92866-1591
Attn.: Julie Dixon, President Attn.: Larry Tay

Telephone: (213) 716-6933 Telephone: (714) 744-5534 E-Mail: [email protected] E-Mail: [email protected]

[Signatures on next page]

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

“CONTRACTOR” “CITY”

DIXON RESOURCES UNLIMITED, CITY OF ORANGE, a municipal corporation a California corporation

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Nathalie Adourian
Senior Assistant City Attorney

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

√

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EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
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Prepared by Dixon Resources Unlimited
Old Towne
Smart Parking
Program
Development and
Implementation
Proposal

RFP 23-24.09
City of Orange
September 28, 2023
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DIXON | Smart Parking Program Development and Implementation Plan Page 1 of 22 Section 1. Transmittal Letter

September 28, 2023
Larry Tay, City Traffic Engineer
City of Orange Public Works Department - Traffic Division 300 E. Chapman Avenue
Orange, CA 92866
Dear Mr. Tay,
Dixon Resources Unlimited (DIXON) is pleased to submit this proposal to the City of Orange (City) to assist with the Old Towne Smart Parking Program Development process and to develop a Parking Technology Implementation (Plan) . This project fits our unique niche, and we offer a full suite of parking and mobility consulting services that can support the City in developing a smart technology plan.

We have a deep understanding of the challenges faced by the City. Currently, we are supporting the City of Seal Beach as they navigate the consideration and potential implementation of paid parking on Main Street. Similarly, we a re supporting the City of Modesto as we prepare the community to advance their parking management solution. Neither of these are easy endeavors, however, this is where DIXON thrives.

Our clients will tell you that we understand the importance of balance and community engagement when identifying the solution that will work for Orange. We have and continue to provide consulting support services throughout Orange County including the cities of Seal Beach, Costa Mesa, Tustin, Anaheim, Laguna Beach, Newport Beach, and Santa Ana. Our team also supports some of the largest smart parking technology programs in the US, including Los Angeles (CA), San Francisco (CA), and Denver (CO).

We understand how to maximize performance with incremental investments.

DIXON was founded with the goal of supporting municipal parking programs and to make parking easy, convenient, and accessible. We develop customized, right -sized, strategic, data-driven recommendations, based on the specific and unique needs of the communities that we serve.

We have supported many award-winning California parking programs, due in large part to the concerted partnerships we form with our clients that involve innovation and optimized solutions that enable sustainable, technology-integrated parking programs.

For our dedication to supporting and advancing the parking industry, DIXON was recently recognized by the International Parking & Mobility Institute (IPMI) as a 2023 Organization of the Year.

Our clients will assure you that we care about the communities that we serve, and we deliver beyond their expectations. We are available to begin work immediately upon notice to proceed from the City.
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DIXON | Smart Parking Program Development and Implementation Plan Page 2 of 22 DIXON is a California -certified Disadvantaged Business Enterprise (DBE), Small Business Enterprise (SBE), and Women -owned Business Enterprise (WBE) consulting firm.

I, Julie Dixon, am the Principal Consultant and will serve as the designated contact for this proposal, with the legal authority to bind the company, and I acknowledge receipt of Addendum #1.

Sincerely,

Julie Dixon, President
[email protected]
(213) 716-6933
Dixon Resources Unlimited
3639 Midway Drive Suite B345
San Diego, CA 92110

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DIXON | Smart Parking Program Development and Implementation Plan Page 3 of 22 Section 2. Table of Contents

Section 1. Transmittal Letter ............................................................... 1 Section 2. Table of Contents ............................................................... 3 Section 3. Project Team ...................................................................... 4 Organizational Chart .......................................................................................................... 4 Section 4. Experience and References ................................................ 5 Firm Description and Qualifications ................................................................................. 5 Industry Recognitions ......................................................................................................... 5 Municipal Track Record & Industry Best Practices .......................................................... 6 Project References .............................................................................................................. 7 Section 5. Technical Proposal ........................................................... 10 Project Understanding ..................................................................................................... 10 Technical Approach ......................................................................................................... 10 Scope of Work ................................................................................................................... 11 Task 1. Project Management ........................................................................................... 11 Task 2. Parking Technology Assessment ....................................................................... 11 Task 3. Develop Rate Structure ....................................................................................... 12 Task 4. Stakeholder Engagement & Public Input ......................................................... 13 Task 5. Parking Technology Implementation Plan ....................................................... 14 Project Schedule ............................................................................................................... 15 Section 6. Optional Services ............................................................. 16 Task 6. Solicitation and Procurement Support Services (Optional) ........................... 16 Section 7. Cost Proposal ................................................................... 17 Cost Proposal .................................................................................................................... 17 Optional Services Cost Proposal .................................................................................... 18 Appendix A. Project Team Resumes ................................................. 19

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DIXON | Smart Parking Program Development and Implementation Plan Page 4 of 22 Section 3. Project Team
Organizational Chart
DIXON will customize our approach and tailor our team configuration to best support the City and all project deliverables. Our organization structure is provided here, with our firm’s Principal Consultant, Julie Dixon as the Project Lead. Julie will oversee high- level communication with City staff and elected officials, will provide a final review of all project deliverables, and will coordinate community engagements and presentation materials.

The remaining work will be supported by our California Project Team. Senior Associate Ben Verdugo will be the Project Manager. Ben will be responsible for day -to-day communications with City staff and will direct task -based work assignments for the Project Team, which will include support from our A ssociate and Junior Associate Consultants who will assist the team in conducting research, review, report writing, and revision, depending on the task . We will not hesitate to dedicate the required staff to achieve the City’s objectives for this project. DIXON does not forsee the use of any subconsultants for this project.

Julie Dixon
Principal Consultant /
Project Lead
Ben Verdugo
Senior
Associate
Project Manager
Jennifer Liu
Associate
Alexis Appel
Junior Associate
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DIXON | Smart Parking Program Development and Implementation Plan Page 5 of 22 Section 4. Experience and References
Firm Description and Qualifications
Dixon Resources Unlimited is a California -based parking consulting firm that was incorporated in 2012 . We have extensive knowledge and hands -on experience with the solicitation, development, deployment, operation, and maintenance of solutions ranging from municipal parking programs to automated enforcement systems. Over the past 11 years, DIXON has been responsible for establishing policies, defining objectives, and delivering initiatives for municipalities of all sizes, with a concentration on cities throughout Orange County.

With over 30 years of parking and transportation management experience, Julie Dixon founded DIXON with the direct goal of supporting municipal parking programs. We consider ourselves to be “Parking Coaches” because we offer best-in-cla ss municipal parking solutions across a broad spectrum, including:

Policies and Planning Parking Data Operations
Operational Audits Parking Studies Staffing Assessments Implementation Plans Data Collection Citation Management Municipal Code Updates Data Analysis Revenue Reconciliation Community Outreach Heat Maps Permit Management
Financial Projections Financial Reporting RFP Specifications Council Presentations Integrations Procurement Support
Based on industry awareness and familiarity with parking technology and current developments, DIXON has been sought for feedback and direction from parking programs both nationally and globally. Our knowledge of parking processes, policy, technology, and service solutions provides a measurable benefit to our customers.

Industry Recognitions
DIXON was recently recognized as a 2023 Organization of the Year by the International Parking & Mobility Institute (IPMI) for our extensive contributions to the parking and mobility industry and the exemplary service we provide to our clients.

In the past few years, DIXON has helped transform many projects into award -winning parking programs, including:

California Mobility & Parking Association
2018 Parking Program of the Year:

City of San Leandro
2019 Parking Program of the Year:

City of Laguna Beach
2022 Parking Program of the Year:

City of Paso Robles
Parking Today
2019 Innovative Use of Technology:

City of Seal Beach
2020 Excellence in Technology and
Innovation for On-Street Parking:

City of Paso Robles
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DIXON | Smart Parking Program Development and Implementation Plan Page 6 of 22 These were hands -on collaborative projects that leveraged community engagement and staff participation in order to customize a solution that worked for that community.

Recognitions like these are the result of cooperative partnerships that involve data - driven decision-making, public input, and customized solutions to develop sustainable parking operations supported by turnkey parking technologies and integrations.

Municipal Track Record & Industry Best Practices
DIXON has acquired an impressive client list and the table below highlights some of our notable projects and regional experience:

AK Juneau CA San Francisco (SFMTA) MT Whitefish
AR Little Rock CA San Leandro NE La Vista
AZ Tempe CA Seal Beach NJ Atlantic City
CA Anaheim CA Santa Ana NJ Princeton
CA Berkeley CA Tustin NM Albuquerque
CA Beverly Hills CO Denver NV Las Vegas
CA Costa Mesa CT New Haven OH Columbus
CA Downey CT Stamford OR Beaverton
CA Laguna Beach FL Fort Lauderdale OR Portland
CA Los Angeles (LADOT) FL Tallahassee TX Dallas
CA Napa HI Maui TX McKinney
CA Newport Beach ID Boise UT Park City
CA Norwalk ID Ketchum UT Springdale
CA Oceanside IL Oak Park WA Spokane
CA Pasadena MI Ann Arbor WA Vancouver
CA Paso Robles MI Birmingham WI Milwaukee
The number of projects that we have and continue to support demonstrates the scale of the impact that we have made. DIXON stays engaged with all its clients, and we continue to provide guidance and direction to City staff when needed—an additional level of personalization that makes a significant difference to our customers.

Due to our wide range of clientele and breadth of smart parking technology experience, we are exceptionally knowledgeable about industry best practices related to on- and off -street parking operations, policies, codes, management, staffing, training plans, compliance, enforcement, permit and citation management systems, technical specifications, emerging parking technology and current solutions, long - term strategic planning.

Additionally, we have managed implementations of various technology solutions ranging from paid parking equipment, mobile payment applications, License Plate Recognition (LPR) systems, and virtual permits and validations for on- and off-street applications. Our implementation and project management expertise sets our firm apart from the competition. DIXON has operated in an implementation management role for a multitude of municipalities including Seal Beach (C A), Costa Mesa (CA), San Francisco (CA), San Leandro (CA), Park City (UT), and Spokane (WA). 273

DIXON | Smart Parking Program Development and Implementation Plan Page 7 of 22 Project References

California, Seal Beach
• Parking Consulting & Ongoing Parking Project Management • May 2017 - Present
• Project Lead: Julie Dixon
The City of Seal Beach hired DIXON in May 2017 to provide ongoing consulting and project management for the City’s parking program. Seal Beach staff recognized the need for an overhaul of its parking operation, including community outreach, technology refresh, and parking policy assessment, and lacked the dedicated parking management staff to manage these projects.

The City has retained DIXON as the Interim Parking Manager, tasked with the ongoing optimization of the parking program and responsible for facilitating the implementation of new technology, streamlining the permit management process, ongoing policy updates and supporting community engagement/education efforts.

In 2019, Parking Today awarded the City the “Innovative Use of Technology” Award.

With DIXON’s support, the City achieved a first -of-its-kind end-to-end integration of vendors.

In 2020, DIXON worked directly with the Police Department on a parking enforcement staffing and optimization project that allowed the City to close the jail and tra nsition existing personnel to parking enforcement duties. Along with this justification and financial analysis, DIXON helped to transition all parking management to the Police Department which included the implementation of a virtual parking permit program and a turnkey license plate-based integrated parking management system.

DIXON continues community outreach and provides ongoing support as the City’s interim parking manager. DIXON develops monthly occupancy reports and heat maps utilizing LPR data, monitors occupancy trends, enforcement performance monitoring, and generates ongoing financial reports. Currently we are supporting the Parking Ad Hoc Committee as the City Council considers the expansion of paid parking to Main Street in Old Town.

To support a CA Coastal Development Permit application that would change the City’s beach parking lots rate structure and extend the hours of paid parking, DIXON has conducted a regional rate comparison, expanded parking occupancy monitoring, and has gathered other supporting information, such as micro-mobility shuttle proposal for grant submission. DIXON recently completed a signage enhancement plan for the City’s downtown and beachfront lots which simplified wayfinding and lot regulations.

Nick Nicholas, Captain, Seal Beach Police Department
911 Seal Beach Blvd, Seal Beach, CA 90740
(562) 799-4100 x1160, [email protected]

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DIXON | Smart Parking Program Development and Implementation Plan Page 8 of 22

California, Newport Beach
• Comprehensive Consulting Services
• December 2012 – December 2022
• Project Lead: Julie Dixon
In December 2012, DIXON was awarded a professional service agreement with the City of Newport Beach to provide parking consulting services. The goal of the project was to review, analyze, and provide recommendations regarding the City’s parking lots, parking permits, parking meters, parking enforcement procedures, and pilot technology programs.

Analysis of the City’s overall parking program kicked off immediately. DIXON completed an evaluation of the parking meter program, focusing on counting and collection operations, and provided technolo gy solution recommendations. This phase was followed by a review of parking lot operations. Due to DIXON’s ability to efficiently complete both assessments and provide targeted recommendations, the City was able to implement new technology systems prior to the beginning of peak summer season.

A broader assessment of the Newport Beach parking program led to the development of a parking technology roadmap for both short -term and long-term parking and revenue goals. The primary objectives included improvements to enforcement and citation management services as well as the expansion of the City’s permit parking program. DIXON converted the assessment findings into RFP specifications for a permit and citation management vendor. Tailored to the specific needs of N ewport Beach, the RFP included hardware specifications, future integration requirements, and processes for Coastal Commission review. The solicitation resulted in the successful implementation of a turnkey service provider.

In order to implement a citywide residential permit parking (RPP) program, we recommended that the City first implement Pay by Plate and LPR technology. Together, these technologies provided the foundation for a digital permitting system. Next, we supported the development and release of the citation processing/permit management RFP. By taking the process step by step and leading the City through each project phase, DIXON enabled the success of Newport Beach’s citywide residential permit parking program.

The City of Newport Beach is an ex cellent example of how DIXON provides “Parking Coach” support. We developed long-range plans that encouraged the City to invest in incremental solutions to achieve an integrated parking program.

Evelyn Tseng, Revenue Manager
100 Civic Center Drive, Newport Beach, CA 92660
(949) 412-4293, [email protected]

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DIXON | Smart Parking Program Development and Implementation Plan Page 9 of 22

California, Paso Robles
• Parking Action Plan & Parking Management Implementation • March 2018 – August 2023
• Project Lead: Julie Dixon
After completing parking studies in 2002, 2008, and in 2018, the Paso Robles community could still not come to a consensus on how to address the lack of convenient customer parking in the downtown core. The community was seeking a creative solution that would prioritize customer service without sacrificing the small- town charm – and this is exactly what DIXON accomplished. In March 2018, the City commissioned DIXON to com plete a Downtown Parking Assessment. We conducted extensive community outreach, facilitating steering committee meetings, going door - to-door to speak with stakeholders, and attending outreach events.

Based on the findings, DIXON developed a Parking Action Plan to address the current and long -term parking challenges. The City adopted the Plan in June 2018 and retained DIXON to assist throughout the implementation process. As an initial step, DIXON helped to future-proof the language in the parking municipal codes. Before determining the on -street policies, we developed an off -street Employee Parking Permit (EPP) pilot program and monitored compliance over a six -month pilot utilizing LPR. The pilot data results revealed the need to introduce on-street policies to manage the employee parking impacts, and this led to the development of a creative “Customer Value” paid parking rate model that allows a period of free parking, similar to a time limit, followed by an hourly rate, all managed and monitored by the li cense plate.

Community feedback, ongoing parking utilization data collection, and a review of sales tax data revealed that the paid parking program was a grand success. Since then, a Downtown Parking Advisory Commission (DPAC) has been established to regularly provide input and feedback to the Council regarding the City’s parking program.

Since the launch of the City’s paid parking program, on -street parking availability has improved and many of the downtown business owners have reached out to thank the City. Even during the pandemic, DIXON assisted the City by expanding paid parking into the evenings and weekends. This program was so successful due to the support of data which confirmed the need for additional hours. DIXON supports the city by providing quarterly occupancy reports, guiding its senior permit program, overseeing its parklet program, and evaluating the preliminary financial feasibility of a shuttle program and new garage. The City of Paso Robles Parking Program was recognized with the 2020 Parking Today “Excellence in Technology and Innovation for On-Street Parking” award.

Donna King, Parking Coordinator
900 Park Street, Paso Robles, CA 93446
(805) 227-7486, [email protected]

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DIXON | Smart Parking Program Development and Implementation PlanPage 10 of 22 Section 5. Technical Proposal
Project Understanding
We have assessed, designed, built, and operated many successful parking programs in Southern California and around the country . Our experience and operational understanding of the details involved provides a unique perspective unlike any other consulting firm. We are proud to call ourselves technology experts, as are intimately familiar with the vast number of parking technology services and solutions available today.

Parking technology has grown at an amazing rate. New and emerging solutions appear every year and we are adept at researching and understand ing the various technologies, systems, services, providers , and operators that may provide turnkey solutions to our clients. We are techn ology agnostic we recommend solutions based solely on the capabilities and integration capacity of vendor software and hardware.

DIXON is experienced in developing implementation plans and parking technolog y roadmaps within limited budgets, and we are well aware of the budgetary limitations that municipalities typically must operate within. Many of our Senior Associate staff come from municipal parking management backgrounds, meaning they know what needs to be considered when recommending smart parking tec hnologies. Our team is currently working with the City of Napa (CA) to prepare a rolling implementation of downtown paid parking and congestion management strategies. Similar methodology can be applied in Orange, and we can develop an implementation timeline that includes an incremental plan.

Technical Approach
For this project, we will start with a full review of the Old Towne Parking Study conducted earlier this year, examine the recommendations contained within, then conduct an on-site parking technology assessment to gather site context and deepen our understanding of the City’s current conditions and demand for paid parking . We can then coordinate smart parking vendor technology demos for City staff and stakeholders, which will allow participants to understand the range of options and capabilities available today.

Our team regularly prepare s financial modeling, rate comparisons, and cost projections for our multiple clients, and we can leverage our Financial Modeling Workbook to identify economically feasible market rates for the City’s on- and off-street locations.

We are excellent at facilitat ing stakeholder engagement, community meetings, and public input campaigns, and we routinely receive positive feedback from our clients about our inclusiveness and accommodation for all stakeholder groups. We will then prepare a customized Parking Technology Implementation Plan (Plan) that leverages our collective experience and incorporates a phased deployment approach that can scale with the size of the City’s paid parking operation over time. 277

DIXON | Smart Parking Program Development and Implementation PlanPage 11 of 22 Scope of Work
The following workplan details the technical approach, methodology, specific tasks , and associated deliverables that our team will perform.

Task 1. Project Management
Our team will work closely with designated City staff to support a collaborative project management approach. Our team will schedule a project kickoff meeting and bi- weekly meetings with the designated City staff to provide project updates, collaborate, and address challenges. Additional meetings may be scheduled, as required.

Task 1.1 Kick -off Meeting. The initial virtual project kick-off meeting will allow our team to refine and confirm the scope of work, present an outlin e of the proposal for the Study, prioritize objectives and tasks, finalize the schedule and timeline for milestone deliverables, and introduce key internal stakeholders to our team.

Task 1.2 Project Management and Bi-weekly Meetings. We will conduct virtual bi- weekly project meetings with designated City staff for the duration of the project. Our team will provide meeting agendas addressing the project schedule, budget status, highlighting complications and corrective measures, and the project's next steps.

Task 1. 3 Document Sharing and Coordination. During th e kick-off meeting, our team will request project-relevant documents. To facilitate document sharing, our team will establish a shared project folder (such as Dropbox, Google Drive, SharePoint, or similar) so that City staff can provide relevant documentation for our review. We will maintain this folder throughout the project to keep all files organized and accessible.

Task 2. Parking Technology Assessment
We have played a key role in evaluating and supporting all aspects of parking and mobility programs, including on -street and off -street parking operations, parking demand and occupancy studies, parking technology assessments and roadmaps, the solicitation and impl ementation of new and emerging parking technologies, and the development of comprehensive, long-term parking management plans.

Task 2.1 Background Materials and Document Review. Our team will review all relevant municipal codes, policies, and reports, previous parking studies, including the 2023 Old Towne Parking Study . We will request and review all available parking inventory and asset information, including , on- and off -street locations , associated parking equipment and infrastructure, existing parking inventory counts and maps with associated restrictions, time limits, hours of operation, and rate information, curb usage information, including loading zones, and any existing utilization data able to be provided by the City. We will meet with City staff to assess the timeline for current and planned Capital Improvement Projects and commercial and residential developments that may have an impact on parking supply in Old Towne.

Task 2.2 On-site Existing Conditions Assessment. We will coordinate an on-site visit to assess the current condition of Old Towne parking areas, including on- and off-street 278

DIXON | Smart Parking Program Development and Implementation PlanPage 12 of 22 public parking locations. We will document and review observed utilization of on- and off-street parking locations, including permit and time-limited spaces, existing parking signage, guidance, and wayfinding, and w e will record observed compliance, enforcement systems and practices, and congestion of parking areas within the downtown parking areas.

Task 2.3 Vendor Technology Demos. With our considerable experience assessing and deploying parking technology across the US, we can coordinate vendor technology demos for right -sized, turnkey solutions for the City . The se vendor technology demos will allow City staff and stakeholders to get hands -on experience with the most current equipment and services available in the industry , without the upfront capital costs . These demonstrations can be held remotely to allow a broad range of stakeholders the opportuni ty to gather feedback and understand the capabilities of current vendor services and technology solutions.

Task 2.3 Outline Plan Recommendations. During our on-site visit we will begin to document and outline initial technology and implementation recommendations, to be refined and included in a draft Parking Technology Implementation Plan. Our initial recommendations will include assessment of, but not limited to, the following:
customization potential for services, software, hardware, aesthetics, capital a nd ongoing costs, integrations with app-based payment systems, digital wayfinding, permit management, license plate recognition (LPR) systems, permit and citation management systems, flexibility in rate management, including scheduled and demand-based rate updates, maintenance and reliability, compatibility with new, emerging, and future parking technology, efficiency and effectiveness, and industry best practices.

Task 3. Develop Rate Structure
Our team has a wealth of experience in assessing parking rates and fees. Our assessment of rate structures and associated financial modeling involves an evaluation of the structure and management of the City’s current parking program. Our team will compare pricing and rate options, explore incentive programs, and forecast potential parking revenues and expenditures . We create parking revenue management strategies and recommendations based on a cost-neutral or budget-conscious approach, and include an assessment of potential cost-recovery, where appropriate Task 3.1 Parking Rate Analysis. DIXON will analyze the City’s current parking policies and programs and provide a recommended fee structure, based on current industry trends and best practices. Proposed rate structures for on- and off-street public parking locations may utilize different management strategies , including demand -based, congestion management, seasonal, tiered, fixed, or flat rate parking rate models.

Task 3.2 Rate Comparison and Financial Modeling . We will develop a Financial Modeling Workbook to compare parking rates and analyze the potential impacts of potential rate adjustments. Our analysis will also consider the effects of possible incentive programs, including but not limited to, merchant validation and employee 279

DIXON | Smart Parking Program Development and Implementation PlanPage 13 of 22 parking programs, potential mechanisms for cost-recovery, and capitalizing untapped revenue generating opportunities, to help subsidize the improvement and expansion of the City’s parking program over time.

Task 3.2 Parking Management Strategies Assessment . As part of our overall financial modeling, we will evaluate alternative parking management strategies, such as the establishment of a Parking Benefit District and the use of public/private Shared Parking Agreements . S trategies like these have been effectively utilized throughout California to help subsidize municipal parking operations, fund capital expenditures , investment, and improvement for parking and transportation programs, as well as to help supplement public parking supply in heavily congested parking areas. We will leverage our unique and extensive experience, working with cities that have successfully employ ed such strategies, and evaluate the potential of opportunities found within Old Towne.

Task 4. Stakeholder Engagement & Public Input
Stakeholder engagement and public input are two of DIXON’s specialties and our team excels in achieving open, consistent, and invaluable public discourse. Our team knows that the road to consensus for implementing a smart parking program is a long one, and we believe community buy-in during program development is critical to the initial and long-term success of the program. Our experiences demonstrate that the inclusion of a broad range of stakeholders is integral to the process. We have coordinat ed customized public input campaigns employ ing personalized engagement strategies, including door -to-door canvasing, knock -and-talk surveys, and targeted, online surveys accessible by a wide range of community members. We routinely receive excellent feedback from our clients and City Councils who are impressed with our incredibly high level of engagement, investment, and involvement with stakeholder groups. Our heavy presence in S outhern California will allow our team to easily accommodate a variety of public input opportunities to build consensus within the community, including in-person public meetings, forums, town halls, and workshops.

Task 4.1 Develop Public Participation Plan. Our team will collaborate with the City to develop a P ublic Participation Plan that
provides transparency and inclusion with a
broad range of stakeholders and a
framework for gathering public feedback
and providing education about the project,
which will be especially important as the
City considers implementation of paid
parking in various areas. We will work with
the City to identify and refine stakeholder
groups for this project, which may include
internal groups such as City staff,
administration, and elected officials, and
external groups , such as property and
Julie Dixon moderating a discussion
with parking stakeholders.
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DIXON | Smart Parking Program Development and Implementation PlanPage 14 of 22 business owners, residents, organizations, institutions, visitors, and others who have a stake in the future of the City’s parking programs. The Public Participation Plan will include general strategies for engaging with identified stakeholder groups, including public input opportunities such as digital surveys, in -person and virtual community meetings, focus groups, community workshops, and forums.

Task 4.2 Stakeholder Meetings. Our team will work with stakeholder groups to identify their unique challenges, needs, and goals. We will coordinate a total of three (3) on-site stakeholder meetings to identify stakeholder concerns , challenges , and goals, to gather public input, feedback, and consensus, and to refine Implementation Plan recommendations based on community willingness. DIXON will coordinate with City staff to develop presentation materials and graphics for stakeholder meetings.

Task 4.3 Online Public Input Survey. DIXON will coordinate with the City to support (1) online public input survey. The digital survey may be designed to gauge overall satisfaction with the current parking program, collect suggestions for improvements , gather public input and feedback on draft Plan recommendations, and seek consensus from the community . The City’s website, newsletters, social media , and other communication tools will be used to advertise this engagement opportunity.

Task 5. Parking Technology Implementation Plan
DIXON will develop a Parking Technology Implementation Plan (Plan). The Plan will summarize key findings and results from previous Tasks . The Plan will identify and provide the analysis behind a series of strategic recommendations and implementation plan strategies f or the City’s parking and mobility program needs, in both near-term and long-term planning horizons.

In developing our recommendations, we will utilize industry best practices and leverage our experiences with other municipalities in Southern California and around the country . Our recommendations will incorporate public input gathered during community engagement opportunities, and will include, but are not limited to , the following areas:
• Recommendations on parking systems, solutions, equipment, and deployment steps necessary to manage the City’s parking assets efficiently and effectively. • Use of parking technology to allow for real -time reporting, data-collection, and ongoing parking utilization data collection to support regular data-driven policy adjustments.
• Cost estimates and baseline quantities necessary to implement the system and technology recommendations contained within Plan.
• Results of the Financial Modeling, providing forecasted parking revenue and expenditures, including upfront capital and ongoing costs. • Parking rate , structure, and management strategies to help fund parking program improvements over time.
• Opportunities to utilize public -private Shared Parking Agreements to supplement existing public parking supply and mitigate parking congestion or 281

DIXON | Smart Parking Program Development and Implementation PlanPage 15 of 22 establish a Parking Benefit District to help fund parking -related capital improvements.
• Suggested technology roadmap and workplan, including implementation phases, key milestones, phase advancement triggers, and performance metrics that may be utilized to implement the recommendations contained within the Plan.

Task 5.1 Draft Parking Technology Implementation Plan. Our team will consolidate results from the Parking Technology Assessment (Task 2), Financial Modeling (Task 3) and Stakeholder Engagement and Public Input (Task 4) to develop a comprehensive draft Plan.

Task 5.2 Draft Plan Presentation. We will circulate a draft Plan to City staff and stakeholders to gather input. We will then incorporate that feedback into a revised, final Parking Technology Implementation Plan.

Task 5.3 Final Plan Presentation. DIXON is prepared to present the final Parking Technology Implementation Plan at a n Orange City Council meeting for final review and Plan adoption.

Project Schedule
The following timeline describes the estimated time required to complete each task and an approximate date for the completion of each milestone deliverable:

Task
Project Kickoff Meeting
Bi-Weekly Meetings
Background Document Review
On-site Technology Assessment
Virtual Vendor Demos
Stakeholder Engagement (In-Person and/or Virtual)
Parking Survey
Parking Technology Implementation Draft Plan
Staff Review of Draft Plan
Finalize Parking Technology Implementation Plan
Council Presentation
Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24
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DIXON | Smart Parking Program Development and Implementation PlanPage 16 of 22 Section 6. Optional Services
Task 6. Solicitation and Procurement Support Services (Optional) DIXON can work with the City to draft an RFP specification for parking technology equipment and services, as needed. Our specifications fit seamlessly into the City’s RFP templates. We are experts at drafting technical specifications, identifying objectives, and prioritizing deliverables with defined Service -Level Agreements (SLAs) that are supported by liquidated damages, ensuring that RFP respondents remain accountable to their performance commitments.

We can assist with all aspects of the procurement pr ocess. This includes recommendations on phasing, schedule, submission requirements, technical responses to questions from proposers, preparing a pricing comparison matrix, and procurement management tools. We can clarify agreement and business terms, to be incorporated into Key Performance Indicators (KPIs), and we can draft procurement documents in consultation with the City.

Finally, we can help establish a framework through which to fairly evaluate respondents and provide support throughout the proposal evaluation process, including reviewing proposals, preparing for interviews, coordinating vendor technology demonstrations, and coaching for outreach and messaging associated with any new deployment.

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DIXON | Smart Parking Program Development and Implementation PlanPage 17 of 22 Section 7. Cost Proposal
Cost Proposal
This cost proposal is based on a Time & Materials (T&M) approach and addresses all Scope of Work elements defined in the RFP. We are adaptive to the City’s needs and will modify the proposed project plans, timelines, and pricing to suit the City’s evolving priorities. We will customize our solution to focus on what the City needs to achieve its objectives and to ensure that the tasks are completed within the agreed-upon budget and timing. The budget includes all required travel or related expenses, which are based upon GSA standards and will be billed per City requirements.

DIXON Hourly Rates
Classification Labor Rate Per Hour
Principal Consultant $245
Principal Planner $225
Senior Associate $175
Associate / Data Analyst $155
Junior Associate $115
Detailed Cost Breakdown
The following table details the estimated project cost, broken out by task and includes estimated labor hours for each classification group:

Task
Task &
Description
Principal
Consultant
Principal
Planner
Senior
Associate
Associate /
Data Analyst
Junior
Associate
Total Hours
Labor Travel Cost
1 Project
Management 5 0 12 7 10 34 $5,560 $0 $5,560
2 Parking
Technology
Assessment
8 0 18 18 18 62 $9,970 $300 $10,270
3 Develop Rate
Structure 4 6 18 24 16 68 $11,040 $0 $11,040
4 Stakeholder
Engagement &
Public Input
21 2 8 14 21 66 $11,580 $900 $12,480
5 Parking
Technology
Implementation
Plan
7 6 14 41 22 90 $14,400 $300 $14,700

Totals 45 14 70 104 87 320 $52,550 $1,500 $54,050
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DIXON | Parking Management Area Study & Downtown Parking Plan Page 18 of 22

Optional Services Cost Proposal
DIXON is prepared to support an optional service for this project. The total not to exceed costs listed below is an estimate, and should the City wish to pursue this optional task, a final cost proposal will be prepared and provided to the City.

Optional Task Cost Estimate
Task Description Estimated Cost
6 Optional Solicitation and Procurement Support
• Scope of Work development support
• RFP development
• Proposal review and evaluation
$22,830
Per Solicitation

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DIXON | Parking Management Area Study & Downtown Parking Plan Page 19 of 22

Appendix A. Project Team Resumes
Julie Dixon – Principal Consultant, Project Lead
Julie Dixon is the President and Founder of Dixon Resources Unlimited, a woman-owned business, focused on providing parking consulting services to municipalities. With over 30 years of experience in parking and transportation management, Julie built her firm to provide “best in class” municipal parking solutions across a broad spectrum of areas, including operations management, customer service, enforcement, citation processing, field maintenance, financial reporting, procurement, and integrated solutions.

Julie began her career as the first parking enforcement officer for the Santa Barbara County Sheriff’s Department assigned to Isla Vista while completing her bachelor’s degree at the University of California, Santa Barbara. As her career path evolved, Julie directed and managed all aspects of various complex transportation programs. Her resume is extensive, and she recently completed her Master of Business Administration degree at Point Loma Nazarene University. Julie has been responsible for establishing policies, defining objectives, and delivering on initiatives for municipalities of all sizes, working at all levels within the administration, enforcement, and adjudication processes, and has been solicited to present at a variety of parking industry events regarding her project experiences. She has extensive knowledge and hands -on experience with the solicitation, development, deployment, operation, and maintenance of solutions ranging from municipal parking programs to automated enforcement systems.

Julie was directly involved with the San Francisco Municipal Transportation Agency (SFMTA) for the internationally recognized SFpark program. SFpark was the first federally funded project in the United S tates to evaluate both on -street and off -street parking technology and policies and their direct impact on congestion mitigation in the City.

Using real -time information to determine parking availability, SFpark successfully implemented a demand-responsive pricing model that continues to be evaluated and debated throughout the parking industry. She was directly responsible for the development of specifications, solicitations, contract negotiations, technology integration, and implementation oversight.

One o f DIXON’s primary business objectives is to define and recommend parking policies for its customers. Since founding DIXON in 2012, Julie has been focused on coaching municipalities through operational and technology assessments and implementation and procu rement processes. Julie is responsible for the overall management of each project for the DIXON team and prides herself on being labeled as the “Parking Coach.” For her outstanding contributions to the parking industry, Julie received Parking Today’s 2020 Parking Person of the Year. This Award recognizes Julie’s exceptional dedication to improving the customer experience and image of parking across the entire industry.
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DIXON | Parking Management Area Study & Downtown Parking Plan Page 20 of 22

Ben Verdugo – Senior Associate, Project Manager
Ben Verdugo joined DIXON in 2022 after years of managing mobility and parking projects in the public sector for the City of San Diego. As Program Manager overseeing the Community Parking District and Shared Mobility Device programs, Ben has implemented numerous mobility and parking projects focused on curb -space management, maximizing parking supply, managing parking demand, and development of multi-modal initiatives. Ben earned a Master of City Planning from San Diego State University and has extensive experience in project management, budget development, and stakeholder engagement.

Ben’s experience working on the Community Parking District Program for the City of San Diego allowed him to work directly with neighborhoods managing on -street parking projects in impacted areas. Providing a high lev el of customer service, Ben worked with Pacific Beach in 2021 to establish a parking meter zone which required close coordination between the public, community groups, City Council, and multiple city departments. In addition to Pacific Beach, Ben has estab lished meter zones in the Downtown and Mid -City communities of San Diego and worked closely on smart parking meter data to make calculated decisions to improve utilization throughout the three parking districts in Downtown, Uptown, and Mid -City. In additio n to parking projects, Ben helped launch and manage mobility -focused projects, including FRED (Free Ride Every Downtown), an on-demand electric circulator shuttle system that is now in its seventh year of operation.

For the Shared Mobility Device Program, Ben worked directly with seven different operators to manage day-to-day operations, which included oversight of real-time data to improve right-of-way conflicts and availability of scooters and e-bikes. In addition to operations management of the program, Ben helped update the Municipal Code to increase operator accountability and spearheaded the RFP solicitation, moving the City from the permit model to a contractual model for operators.

A summary of Ben’s notable projects is provided below:
• San Diego State University (CA) Operational Needs Assessment (2023) • City of Ventura (CA) Downtown Parking Action Plan and Implementation (2022-2023) • City of Allentown (PA) Operational Needs & Parking Technology Assessment (2022-23) • City of Redding (CA) Downtown Parking Mgmt. Plan and Implementation (2022-23) • City of Beverly Hills (CA) Off-Street Parking Projects and RFP Management (2022-23) • Port of San Diego (CA) Oversized Vehicle Municipal Code Updates (2022-23) • Port of San Diego (CA) Micro-mobility/Motorized Device Ordinance (2022-23) • City of National City (CA) Downtown Parking Mgmt. Plan and Implementation (2022-23) • City of San Diego (CA) Municipal Code Update for Shared Mobility Device Program (2022) • City of San Diego (CA) RFP Lead for the Shared Mobility Device Solicitation (2021-22)

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Jennifer Liu – Associate
Jennifer Liu is an Associate at DIXON, with a Bachelor of Business Administration and Communication Studies joint major degree from Simon Fraser University, Canada. She also holds a certificate from UC Berkeley’s College of Environmental Design after completing the Summer Institute in City Planning.

Jennifer’s background is in the Electric Vehicle Supply Equipment (EVSE) industry, wher e she led global product marketing and program management initiatives for commercial, residential, and public charging solutions. Jennifer’s skillset is directly translatable to parking consulting, and since joining DIXON, she now supports parking programs across the country with market research, stakeholder engagement, municipal code reviews, and strategic planning.

For the Town of Los Gatos, Jennifer worked with staff to refresh their parking roadmap, perform financial modeling, and develop a comprehensive staffing plan. These efforts supported a request to the Town Council for additional funding and direction, which then enabled the Town to hire a dedicated parking staff member and make improvements to their parking program. Jennfier has also supported cities like Modesto (CA) and Napa (CA) with similar services, focusing in the areas of community engagement, policy and code reviews, and program planning initiatives.

Jennifer’s unique background combining communications, project management, and urban pla nning provides great benefits to DIXON’s clients, especially those in the implementation phases of their projects. Jennifer has supported large-scale programs and initiatives, including working closely with the City of Beverly Hills’ Public Works Department and the City’s vendor to coordinate technology upgrades in 17 City parking garages. Additionally, Jennifer managed the City’s parking operator solicitation process, which involved extensive stakeholder management, contract negotiation, and a deep technical understanding of the technologies involved.

A summary of Jennifer’s notable projects:
• Town of Los Gatos (CA) Parking Roadmap Update (2023)
• City of Santa Ana (CA) Citywide Parking Study (2023)
• Isla Vista Community Services District (CA) Parking Consultant Services (2023) • City of Paso Robles (CA) Implementation Support Services (2023) • City of Ketchum (ID) Parking Consulting Services (2023) • City of Modesto (CA) Parking Infrastructure Implementation Plan (2022-23) • City of Napa (CA) Implementation Support Services (2022-23) • City of San Leandro (CA) Parking Management Consulting Services (2022-23) • City of Beverly Hills (CA) Off-Street Parking Projects & RFP Management (2022-23) • Savannah/Hilton Head International Airport (GA) Operational Audit & Parking Technology Assessment (2022) & Comparable Airport Rates Matrix (2023) 288

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Alexis Appel – Junior Associate
Alexis Appel is a Junior Associate at DIXON with a Bachelor of Arts degree in Urban Studies and Planning from the University of California, San Diego. With an educational emphasis on
Sustainability and Resilience, she takes a comprehensive approach to projects that considers both environ mental and human impacts.

Alexis previously worked in the stormwater management industry and assisted in the research and writing of Storm Water Pollution Prevention Plans for new and existing developments. Since joining the DIXON team, she has contributed to various projects, including researching alternative parking methods, conducting stakeholder outreach for community engagement, working with municipalities to enhance residential parking, and engaging with the California Coastal Commission to improve be ach parking accessibility.

For the City of Seal Beach, Alexis is responsible for researching and supporting the City in preparing to submit a Coastal Development Permit application to the California Coastal Commission. She was responsible for the review an d compilation of historical documents to convey the City’s extensive parking history, as well as preparing a comparable cities analysis highlighting opportunities for the City to adjust parking rates and fees while maximizing accessibility and equity. Alex is is currently assisting both the cities of Seal Beach and Monterey in applying for Local Coastal Program certification, which will help both cities streamline the process of new development applications within their respective coastal zones. Alexis approaches projects involving the California Coastal Commission through the lens of equity and inclusion and values the opportunity to improve coastal access for visitors of all socio -economic backgrounds.

Alexis’ distinctive background in urban planning has been a key element in serving DIXON clients in various ways. For the City of Santa Ana, Alexis is managing stakeholder outreach, which has included attendance at community events and town hall meetings, as well as identifying creative solutions such as parki ng lift implementation. Alexis has also completed comparable analyses for the City of Sausalito, San Diego State University, and the City of Seal Beach in order to identify the ways in which each project can enhance their unique parking programs.

A summary of Alexis’ notable projects:
• City of Seal Beach (CA) Parking Management Support Services (2022-23) • City of Monterey (CA) Coastal Zone Parking Operation Study (2022-23) • City of Norwalk (CA) One-Ways Neighborhood Support Services (2023-24) • City of Santa Ana (CA) Citywide Parking Study (2023-24) • Isla Vista Community Services District (CA) Parking Study (2021-23) • City of Sausalito (CA) Downtown Parking Study (2023)
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Agenda Item
City Council
Item #: 7.3. 10/24/2023 File #: 23-0587
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Agreement with Siemens Industry, Inc. as a single source for maintenance of surveillance cameras, hardware infrastructure, and licensing supporting the City’s existing Genetec Security platform.

2. SUMMARY
On May 11, 2021, the City Council approved a twenty-six month agreement with Siemens Industry, Inc. for maintenance of surveillance cameras, hardware infrastructure, and Genetec license supporting the City’sexisting Genetec security platform for certain public facilities. This agreement is a new three-year agreement for similar licensing and services and expands the scope to include the Metrolink Parking Structure, Handy Park, and the new Fire Station 1/Headquarters locations.

3. RECOMMENDED ACTION
Approve the three-year agreement with Siemens Industry, Inc. in the total amount of $921,859.49 for maintenance of surveillance cameras, hardware infrastructure, and the Genetec security platform license; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this three-year agreement is $921,859.49 and will be funded through Information Technology (780). The first annual amount of $252,400.00 is applicable to Fiscal Year 2023-2024 with funds available in account 780.1601.51420.00000 Maintenance Contracts.

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

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

6. DISCUSSION AND BACKGROUND
On May 11, 2021, the City Council approved a twenty-six month agreement with Siemens Industry, Inc. (Siemens) for maintenance of surveillance cameras, hardware infrastructure, and Genetec security platform licensing at the following facilities:
· Orange Police Department · Hart Park ·
Shaffer Park · Yorba Park · Struck Avenue
· Grijalva Park and Sports Center
· Orange Library and History Center · El
Modena Library · Taft Library · Civic
Center, Fire HQ (old) and Council
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Item #: 7.3. 10/24/2023 File #: 23-0587
· Orange Police Department · Hart Park ·
Shaffer Park · Yorba Park · Struck Avenue
· Grijalva Park and Sports Center
· Orange Library and History Center · El
Modena Library · Taft Library · Civic
Center, Fire HQ (old) and Council
Chambers · Orange Plaza Park
In the May 11 staff report, staff explained that the support for the above locations was expiring with Convergint Technologies. The RFP for access control doors established a new Genetec Security Platform partnership so that going forward from that time Siemens would provide and service all Genetec Security Platform hardware and licensing. Since approval of the original agreement with Siemens in 2021, two amendments were approved as a result of the expansion in the scope of work.

In addition, several new agreements with Siemens were approved to add services as noted below:
6/12/21 New Replaced electronic door access control system and integrated into existing Genetec security platform
7/13/21 New Implementation of security access control and video surveillance for new Fire Station 1/Headquarters
8/10/21 New Implementation of access control and surveillance video for Handy Park
10/22/21 Amendment Minor addition of video surveillance at the Orange Police Station
2/8/22 Amendment Incorporated service at the Metrolink Train Station This new three-year service agreement will expand the former twenty-six month services scope to incorporate all services at all facilities as noted above under one contract.

Overall, the new agreement provides for maintenance of cameras and select other security related infrastructure supporting broad security needs for City asset protection and to deter illegal activities such as graffiti, general vandalism, and other criminal activity.

The three-year term breaks down as follows:

Extension Term Amount
1 - 9/22/2023 - 9/21/2024 252,400.00
2 - 9/22/2024 - 9/21/2025 329,783.00
3 - 9/22/2025 - 9/21/2026 339,676.49
921,859.49
The first-year term includes prorated considerations for the Metrolink Parking Structure as the current service agreement is active and is the last remaining service agreement with Convergint Technologies. Services with Siemens for the Metrolink Parking Structure under the new agreement will begin on June 28, 2024.

In addition, the locations of Handy Park and the Fire Station 1/Headquarters are separate project agreements which included the first-year warranty and are not reflected in year one of this agreement. Warranty costs for these two locations as well as the full maintenance servicing cost for City of Orange Printed on 10/18/2023Page 2 of 3
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Item #: 7.3. 10/24/2023 File #: 23-0587
agreement. Warranty costs for these two locations as well as the full maintenance servicing cost for the Metrolink Parking Structure have been added for years two and three, explaining the significant cost difference between year one and year two. Year three reflects an inflationary 3% cost increase over year two.

The original twenty-six month agreement expired September 21, 2023. In this current timeframe, there have been significant expansions of security infrastructure and support in the transition from Convergint Technologies to Siemens. Siemens was selected in June 2021 through an RFP process and was subsequently awarded contracts piggybacking off the initial RFP. With the volume of support transitions and expansions and within relative close proximity of the original RFP selection, staff recommends approval of the new three-year agreement with Siemens, as a single source provider, to consolidate maintenance of surveillance cameras, hardware infrastructure, and Genetec security platform license and expanding the former scope to include the Metrolink Parking Structure, Handy Park, and Fire Station 1/Headquarters.

7. ATTACHMENTS
· Agreement with Siemens Industry, Inc.

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Agenda Item
City Council
Item #: 7.3. 10/24/2023 File #: 23-0587
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Susan Galvan, Assistant City Manager

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

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

6. DISCUSSION AND BACKGROUND
On May 11, 2021, the City Council approved a twenty-six month agreement with Siemens Industry, Inc. (Siemens) for maintenance of surveillance cameras, hardware infrastructure, and Genetec security platform licensing at the following facilities:
· Orange Police Department · Hart Park ·
Shaffer Park · Yorba Park · Struck Avenue
· Grijalva Park and Sports Center
· Orange Library and History Center · El
Modena Library · Taft Library · Civic
Center, Fire HQ (old) and Council
Chambers · Orange Plaza ParkCity of Orange Printed on 10/18/2023Page 1 of 3 powered by Legistar™
293
Item #: 7.3. 10/24/2023 File #: 23-0587
· Orange Police Department · Hart Park ·
Shaffer Park · Yorba Park · Struck Avenue
· Grijalva Park and Sports Center
· Orange Library and History Center · El
Modena Library · Taft Library · Civic
Center, Fire HQ (old) and Council
Chambers · Orange Plaza Park
In the May 11 staff report, staff explained that the support for the above locations was expiring with Convergint Technologies. The RFP for access control doors established a new Genetec Security Platform partnership so that going forward from that time Siemens would provide and service all Genetec Security Platform hardware and licensing. Since approval of the original agreement with Siemens in 2021, two amendments were approved as a result of the expansion in the scope of work.

The three-year term breaks down as follows:

In addition, the locations of Handy Park and the Fire Station 1/Headquarters are separate project agreements which included the first-year warranty and are not reflected in year one of this agreement. Warranty costs for these two locations as well as the full maintenance servicing cost for City of Orange Printed on 10/18/2023Page 2 of 3
powered by Legistar™
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Item #: 7.3. 10/24/2023 File #: 23-0587
agreement. Warranty costs for these two locations as well as the full maintenance servicing cost for the Metrolink Parking Structure have been added for years two and three, explaining the significant cost difference between year one and year two. Year three reflects an inflationary 3% cost increase over year two.

7. ATTACHMENTS
· Agreement with Siemens Industry, Inc.

City of Orange Printed on 10/18/2023Page 3 of 3
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PROFESSIONAL SERVICES AGREEMENT
[Video Management and Surveillance Software and Maintenance Services]

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

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

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

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

2. Term and Compensation The term of this Agreement is three (3) years (“Term”), commencing September 22, 202 3, and expiring on September 21, 2026 (“Expiration Date”).

a. For the first year of the Term, starting on September 22, 2023, and terminating September 21, 2024, total compensation shall not exceed TWO HUNDRED FIFTY - TWO THOUSAND FOUR HUNDRED DOLLARS and 00/100 ($252,400.00).

b. The second year of the Term, commencing on September 22, 2024, and terminating September 21, 2025, total compensation shall not exceed THREE HUNDRED TWENTY-NINE THOUSAND SEVEN HUNDRED EIGHTY -THREE DOLLARS and 00/100 ($329,783.00).

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2 c. The third year of the Term, commencing on September 22, 2025, and terminating September 21, 2026, total compensation shall not exceed THREE HUNDRED THIRTY-NINE THOUSAND SIX HUNDRED SEVENTY -SIX DOLLARS and 49/100 ($339,676.49).

d. The total not-to-exceed compensation for the services to be rendered for the Term shall not exceed NINE HUNDRED TWE NTY-ONE THOUSAND EIGHT HUNDRED FIFTY-NINE DOLLARS and 49/100 ($921,859.49), without the prior written authorization of City.

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

3. Payment.

a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred in accordance with the Schedule of Costs attached as Exhibit “A” and incorporated herein.

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

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

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

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

6. Independent Contractor . At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the 297
3 right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any n ature whatsoever.

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

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

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

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

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

12. Reserved.

13. Delays and Extensions of Time . Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by City 298
4 will cause it to incur additional costs, it must specify, in writing, wh y the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above, absent a written amendment to this Agreement.

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

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

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

17. Indemnity.

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

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

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

18. Insurance.

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

b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1 ) One Million Dollars ( $1,000,000), per occurrence ; or (2) all the insurance coverage and/or limits carried by or available to Contract). Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis. 300
6 c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($1,000,000]); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis.

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

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

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

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

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

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

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

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

21. Compliance with all Laws/Immigration Laws.

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

b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls wi thin any of the 302
8 classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified preva iling rates of wages to all such workers . The general prevailing wage determinations for c rafts can be located on the web site of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.

c. Contractor represents and warrants that it:

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

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

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

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

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

g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to 303
9 follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City.

“CONTRACTOR” “CITY”

Siemens Industry, Inc. City of Orange
6141 Katella Ave 300 E. Chapman Avenue
Cypress, CA 90630 Orange, CA 92866-1591
Attn.: Adam Harrold Attn.: Information Technology Project Manager

Telephone: (714) 454-6804 Telephone: (714) 744-2285 E-Mail: [email protected] E-Mail: [email protected]

[Signatures on next page]

304
10 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.

“CONTRACTOR” “CITY”

SIEMENS INDUSTRY, INC., CITY OF ORANGE, a municipal corporation a California corporation

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Melissa M. Crosthwaite
Senior Assistant City Attorney

√

305

EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
306

1. SCOPE OF WORK SUMMARY

1.1 OVERVIEW
A. The Contractor is required to perform all ongoing maintenance, repair, support services, preventive maintenance including “Moves, Adds, and Changes” (MAC) for the Video Surveillance System (VSS) to ensure that the systems, associated hardware, Interfaces and all their subcomponents are fully functional 24-hours per day, 7 days a week, throughout the term of the Contract for the sole purpose of providing proper, safe and reliable operations of the VSS at City facilities. The VSS operates on the Genetec Security Center

5.9 platform.

B. The Services consist generally of furnishing all labor, materials, appliances, tools, equipment, services, and supervision required to perform all maintenance and repai r / replacement services, prevent ive maintenance, programming, configuration, related interfaces, testing, troubleshooting, modifications, or installing new VSS cameras and components as necessary, updating all documentation to reflect VSS related components repairs, moves, adds and changes and maintaining an on-site spare parts inventory for all VSS equipment at City facilities.

C. Contractor is required to provide repair and preventive maintenance services for VSS systems and associated hardware, including signaling devices, relays, switches and other ancillary equipment. Contractor shall provide updates (inclusive of firmware also) to the VSS programs, servers, desktop clients, and install new clients as needed. Additional equipment, software, and components, referenced throughout this Scope of Services and its attachments are all part of the repair, prevent ive maintenance, and support services under this Contract.

D. VSS is a critical security component required to function in support of City’s Facility Security Plan. The Contractor must ensure the scalability and maintainability of City’s VSS environment. VSS consists of multiple systems, subsystems, and respective components that manage/control video monitoring and recording through numerous points at City facilities.

E. Additional/existing locations and/or number of VSS devices may be added or removed at the City’s discretion.

F. Prior to performing service c ontractor is required to submit a letter certifying the technician is Genetec certified, and has passed proper background checks. Letter must be submitted to City before technician is assigned to work at any City sites. Contractor shall be responsible for backgrounds checks.

G. The Contractor shall communicate with various City Department points of contacts (e.g., 307

PREVENTIVE MAINTENANCE AND REPAIR SERVICES FOR

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2 IT Department, Police, Library, and Parks personnel) to coordinate schedule and staffing at each site prior to commencing any maintenance or repair work.

H. The Contractor shall be required to maintain, at all times, a record of the services provided by type of service including MACs, repairs, and preventive maintenance. The record must include, at a minimum, date, time, employee name, activity or problem descriptions, actions or resolutions, and City personnel referring the service call. The Contractor shall provide this information in a report format approved by City. The Contractor shall submit the report on a monthly basis to City and ensure that real time reports and as-builts are available to City on an “as needed” basis.

1.2 UPDATING EXISTING DOCUMENTATION
A. As part of the base service requirements, Contractor is required to update all record documentation/drawings to identify correct naming convention (as applicable) and location of each VSS device/component it is responsible for servicing. Contractor is required to keep these records updated to reflect all MACs throughout the duration of the Contract. Updates to record documentation / drawings include those new locations of VSS devices / components installed by other contractors and turned over to City for maintenance
B. The Contractor shall complete the updating of all affected City records no later than 180 days after the start date of the Contract to be submitted to City for review and ownership.

City shall provide the contractor with electronic files of plans for each site. Should City not provide electronic files for plans to any site and/or building the Contractor shall notify City and accommodations will be made both to documentation requirements and schedule extension if needed.

C. Thereafter, Contractor must continue to keep such records updated throughout the term of this Service Contract. Every six months, Contractor will submit such updated records/documentation for City’s review.

1.3 ON-CALL SERVICE REQUIREMENTS
A. The Contractor shall perform repair work on an as needed basis, only after obtaining prior approval.

B. The Contractor response time to a call for repair from an authorized City representative shall be as follows:

1. The Contractor shall respond by call back or email within one hour of a service call.

2. The Contractor shall have service personnel on -site within four hours for a normal service call from the time the service call is placed.
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3 3. The Contra ctor shall have service personnel on -site within four hours for an emergency service call from the time the service call is placed. City shall determine which types of VSS failures are Emergency related failures and shall notify the Contractor of that designation at the time the call is placed. The system or component shall be restored to pro per operating condition within 24 hours after service personnel arrive on-site and obtain access to the system or component.

C. The Contractor shall require verbal approval from an authorized City employee, providing the Contractor with a PO and a maximum number prior to the start of any emergency work.

D. City will not compensate the Contr actor for travel time to or from any job regardless of the nature of the call.

1.4 PREVENTIVE MAINTENANCE REQUIREMENTS
A. General: The Contractor shall coordinate with the City IT department for all windows update to be completed within City’s normal patch updat e schedule. Any work on VSS servers that will take the server off -line for any period of time shall be coordinated with City IT. Servers shall not be taken off-line without prior approval from City IT.

B. Contractor shall have service personnel on the site on a monthly basis. Contractor shall set up a schedule with City for times personnel shall be on-site. Some maintenance items shall be completed on a quarterly, semi-annual or annual basis. For maintenance of those items the contractor shall divide the number of devices by the scheduled maintenance interval and then complete the work on that number of devices every month. The information described above is a guideline. The Contactor shall provide a schedule of monthly maintenance to be conducted based on the information provided herein.

C. VSS

1. The Contractor shall coordinate with GENETEC for any patches or software updates that are recommended to be implemented since the last maintenance visit and implement those updates as required.

2. The contractor shall co ordinate with GENETEC to ensure the Service Support Plan (SUP) is current. The cost of the SUP shall be included in the maintenance cost proposal as a separate line item. The current SUP is scheduled to end on 09/21/2026. The Contract shall include the cost to extend the SUP to the end of the maintenance contract term.

3. Check the operation of the management server and archivers on a monthly basis.

Check log files to ensure there are no abnormal operating parameters. Run the following reports:
a. System Configuration Report. This should be run on the first month of the 309

PREVENTIVE MAINTENANCE AND REPAIR SERVICES FOR

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4 maintenance contract to provide a baseline of the system configuration. This report shall be run anytime there are changes to the system configuration by the Contractor. This report shall be run every three months to identify if any configuration changes were made without the Contractors knowledge. b. Device Manager Status Report. This report shall be run the first month of the contract and every three months thereafter. This repo rt is run to evaluate storage performance and camera parameters. If the report identifies any anomalies the Contractor shall report those to City during the site visit and make recommendations to rectify any anomalies.
c. Recorder Configuration Backup. A co nfiguration backup shall be created in the first month of the contract. A backup shall be created anytime there are changes to the system configuration. The Contactor shall coordinate with City to keep a backup off-site. If there have not been any system changes make a backup every quarter.
d. Base Configuration Backup. A Base Configuration backup shall be made the first month of the contract. The Contractor shall coordinate with City to determine if the IT Department has a standard backup policy and will perform daily backups as a standard procedure. The Contractor shall make a Base Configuration backup every month during the site maintenance visit. e. System Patches. System patches shall be installed per manufacturers recommendation.

4. The Contractor shall perform the follow ing services for cameras on a semi -annual basis.
a. Clean camera domes and enclosure windows. Inspect the domes/windows for damage, scratches, discoloration or cloudiness that may affect camera performance. Notify City of any deficiencies and recommend replacements if needed.
b. Verify operation and video image for each camera. When camera image no longer meets manufacturer image quality, the service technician shall make adjustments to the camera to bring the video image back into manufacturers specified parameters. If adjustments do not bring camera back to specified requirements, recommend to City that the camera be replaced. Cameras will not be replaced without City authorization.
c. For Pan / Tilt / Zoom ( PTZ) cameras verify operation of m otors to move as specified for the unit. Verify operation control from all workstations designated by City as video workstations.

5. For any non-PoE (Power over Ethernet) cameras check the power supply to ensure proper voltage output. Check all cable terminations to ensure they are secure.

1.5 TECHNICIAN EXPERIENCE/QUALIFICATIONS
A. The technician(s) that provide service for the City must be proficient, have two years 310

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5 maintenance and repair experience working on VSS devices and must have a factory trained certification.

B. All Contractor personnel, including subcontractors, performing work under this contract must be qualified and fully trained to perform service and maintenance under this contract.

C. It is the responsibility of the Contractor to ensure the proper level of personnel expertise for all maintenance, repair, and related work activities. City will not compensate the Contractor for work activities related to vendor personnel due to lack of experience.

D. City reserves the right to request alternate technicians if they do not meet the criteria in paragraphs A through C of technician experience above, or if the technician(s) are not able to complete the repair, maintenance, or related work activities to the overall satisfaction of authorized City personnel.

E. Genetec Certified Technician required.

311

SERVICE PROPOSAL
City of Orange
Security Service Agreement for 2023-2026 Rev.3
ID: COO-2023-VMS
Presented To
Prepared on: July 28, 2023
Revised on: October 11, 2023 (Rev 3)
Attention
Mike Dering
Information Technology
714.744.2285
[email protected]
City of Orange
300 E Chapman
Orange, CA 92866
Prepared By
Adam Harrold
CIP Executive, Security
714.454.6804
[email protected]
Siemens Industry, Inc.
6141 Katella Avenue
Cypress, CA 90630
312
City of Orange
Security Service Agreement for 2023/2024

CONTENTS
SECTION 1: OVERVIEW............................................................................................................... 3

1.1 Executive Summary ............................................................................................................................ 3

1.2 Customer Objectives .......................................................................................................................... 4 SECTION 2: COMPANY INFORMATION....................................................................................... 5

2.1 Company Profile ................................................................................................................................. 5

2.2 Capabilities......................................................................................................................................... 6

2.3 Resources and Personnel .................................................................................................................... 6 SECTION 3: SERVICE SOLUTION .................................................................................................. 7

3.1 Approach ........................................................................................................................................... 7

3.2 Equipment Covered ............................................................................................................................ 7

3.3 Security Services On-site Response Time & Call Windows ................................................................... 9

3.4 Rates for Non-Covered Service Projects .............................................................................................. 9

3.5 Technical Support Services ............................................................................................................... 10

3.6 Preventative Maintenance Tasks ...................................................................................................... 12 SECTION 4: SERVICE AGREEMENT ............................................................................................ 13

4.1 Signature Page and Investment ......................................................................................................... 13 313
City of Orange
Security Service Agreement for 2023/2024
SECTION 1: OVERVIEW

1.1 Executive Summary
You have made a significant investment in the security of City of Orange which are critical to the productivity of your overall business and community. The service solutions proposed herein, our Service Agreement, will proactively serve to protect that substantial investment through a program of effective emergency service response, repair & replace services, and planned service tasks by our trained technical staff.

This Service Agreement has been specifically developed for the City of Orange, and the services provided herein will help you in achieving your security goals, from our local office of factory trained security specialists and engineers, with our long and proven track record of providing superior service to our customers with critical security concerns in Southern California.

Siemens provides security services and maintenance for some of the largest critical infrastructure sites in Southern California, and across the world. Our knowledge base, technical expertise and resources offer the greatest versatility for customers with complex security systems, who wish to enhance those systems, providing greater efficiency and security.

Through a service agreement with Siemens, the City of Orange will benefit from the following:

Information Technology Focus
Siemens has a multidisciplinary technology team specialized in networks and network architecture. Our IT expertise includes: system integration networking, software configuration, hosted system design and installation, and performing system upgrades. We have the experience and resources to support, maintain and expand highly complex integration systems, large scale networking infrastructures, and virtual environments. This is a critical differentiator that sets Siemens apart from the majority of security contractors, and what makes us the leading choice for critical security sites.

Data-Driven Maintenance Approach
Siemens is the global leader in efficiency, and this doesn’t stop at engineering. Our goal is to identify, measure and support process improvement to create greater operational efficiencies for our customers. In managing and maintaining the security system at the City of Orange, Siemens brings best-practice knowledge from our experience working with critical security sites, as well as a company-wide focus on extracting greater usable data from your system maintenance. The goal is a predictive approach to maintenance, resulting in fewer emergency calls that disrupt daily operations. Siemens has over 100 preventive maintenance and repair services programs in Southern California, alone. Through strong program management and with the appropriate technical skill, our programs enhance efficiency and improve user utilization of the systems.

Resources to Support Every Initiative
Siemens is one of the most financially stable corporations in the world with revenues exceeding $80B USD, annually. Most notably, our security integration group has experienced steady growth and stability in the Southern California region. For the City of Orange, our stability will ensure consistent support for all aspects of the program.

Siemens is technically qualified and resourced for executing this program. Our team is comprised of Siemens technicians and project managers, trained and certified on Genetec video management platform and the leading camera brands such as Bosch, Axis, and Hanwha.

Industry Partnerships
As one of the world’s largest security integration companies, Siemens utilizes strategic manufacturing partnerships to deliver greater value to its customers. Working with Siemens, the City of Orange has access to a wide selection of brands, and will benefit from extended manufacturer warranties on select manufacturers. This partnership ensures the City of Orange will gain the greatest lifecycle value for new product installations and future projects. 314
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Security Service Agreement for 2023/2024
Customer Data Protection:

Protection of customer data is one of the highest priorities at Siemens. Our information security policies maintain high security standards for network access, password management, sensitive document handling, and physical security of workspaces. Each Siemens employee is required to complete information security training focusing on the protection of customer data. Every Siemens office complies with strict security policies requiring credentialed card access control for all work areas, secured print management for documents, ID verification for visitor management, dual authentication for secured documents, as well as video recording and intrusion detection to prevent unauthorized access to work spaces.

Safety:

Safety is core to Siemens corporate culture and fundamental to our success as a company, as documented by our low Experience Modification Rate. Siemens engages in extensive management-driven safeguard initiatives and prevention programs to protect our employees. Employees are required to complete corporate mandated training on a continual basis and ultimately safety is the responsibility of everyone at Siemens. This ensures that services performed at the City of Orange follows strict Siemens guidelines, which minimize injuries and reduce liability for the City of Orange.

1.2 Customer Objectives
City of Orange objectives are: 1) to establish a service program that ensures timely emergency response and repair services, 2) create a process for system knowledge collection, transfer and improvement through improved system documentation 3) establish a program that provides reliable lifecycle support to sustain the full required functionality and effectiveness of the security system, 4) evaluate the health of the existing system and recommend improvements to support the future security needs of the City , and 5) operator coaching to support the security operations team in utilizing the existing security system, while recommending processes to improve efficiency within the security department.

Our tailored program will provide value-added services that enhance security operations while minimizing system outages and downtime, and the associated inconveniences to your staff and operations, thus improving City of Orange’s overall operational abilities while reducing the total cost of ownership. Taking a partnership approach, Siemens will conduct quarterly business review meetings with the City of Orange team to evaluate performance, make improvements and communicate the overall health and status of the system. Siemens will also make recommendations for future improvements, providing product demonstrations, budgetary proposals and final system design proposals to assist with future security planning at the City of Orange.
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SECTION 2: COMPANY INFORMATION

2.1 Company Profile
Dun & Bradstreet: Federal Tax ID:
01-094-4650 13-2762488
Response contact information:

Siemens has resources to support 24/7 response at the City of Orange.

Service dispatch: 24/7 call 1-800-806-0886
Alarm monitoring: 24/7 call 1-866-552-7823
Contractor Information:

Siemens has the resources, bonding, insurance, data security, safety and compliance programs to support the security programs at the City of Orange.

California Contractor License #758796
A, B, C10, C16, C20
ACO #5448
GSA #GS-07F-217CA
DIR 1000002447
Available Resource Locations:

Siemens Industry, Inc.

Siemens Building Technologies Cypress Branch:
6141 Katella Avenue
Cypress, CA 90630
Siemens Building Technologies Headquarters:
1000 Deerfield Parkway
Buffalo Grove, IL 60089
Account Management and Service Response Team:

Account Management:

Adam Harrold
714.454.6804
[email protected]
Customer Service Manager:

Jonathan So
657.298.0954
[email protected]
Service Manager:

Ed Roman
657.337.6492
[email protected]
Technical Specialists:

Glenn Viloria
System Specialist / Architect
David Engel
System Specialist / Genetec
Miguel Vasquez / Joseph James
Service Technician(s)
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2.2 Capabilities
Siemens Industry, Inc. is the leading single-source provider of cost-effective facility performance solutions for the comfort, life safety, security, energy efficiency and operation of some of the most technically advanced buildings in the world.

Our local office is staffed by factory trained and certified technical specialists, engineers, and project managers, who are focused on making sure your security system is performing reliably and at optimum performance. For more than 150 years, Siemens has built a culture of long-term commitment to customers through innovation and technology. We are confident that we have the capabilities to meet the needs of the City of Orange today and in the future.

Siemens has the necessary resources, tools and partners to provide 24/7 support of all security-related systems and infrastructure at the City of Orange. Our local base of operations in Cypress, CA is in convenient proximity to the City of Orange and capable of supporting the security requests of the City :
 Video surveillance camera service and installations, including mounting, cabling/conduit, integration and testing  Video management system upgrades and migrations, and video storage systems  Intelligent video analytics, and integration into command & control solutions  Access control upgrades to support identity and access initiatives  Advanced video analytics to enhance situational awareness and decision-making  Perimeter detection systems integrated with access control monitoring  Network infrastructure, fiber optic cabling, server maintenance, software integration

2.3 Resources and Personnel
Siemens Industry, Inc. has been in business for over 120 years. Our Cypress location has served the greater Los Angeles Region for over 20 years, offering service and maintenance on security, life safety, building automation, energy efficiency and IT services markets. Our branch office also provides 24/7 service response through our dedicated customer call center.

During normal business hours, the service response desk is directly handled by our Cypress staff. After hours requests are forwarded to our Dallas call center with dispatching handled by Siemens Customer Care representatives. This process ensures the appropriate resources are contacted, on time, any time of day.

The Cypress Branch employs over 300 people, including administrative support, management, operational leadership, project managers, engineers, technicians and a sales staff. Siemens’ real-world experience in large, complex environments, positions Siemens with an unsurpassed ability to professionally support the City of Orange staff in the ongoing security operations of the City .

Adam Harrold is the account manager for the City of Orange and is responsible for the coordination of meetings and quarterly business reviews. Leonard will also serve as the voice of the customer to ensure the program is implemented and performing to the standards established in the agreement. Utilizing industry knowledge and recommendations made by the Siemens technical team, Adam will prepare budgets and proposal for new security initiatives at the City of Orange.

Ed Roman is the Los Angeles Branch Service Operations Manager. Ed oversees all service supervisors, technicians, service program managers, outsourced services, call center and dispatch personnel for each of the four businesses. Ed will be overseeing this program and is responsible for all aspects of the service level agreement, including reporting, billings, management of project managers and field resources.

Jonathan So is the Customer Service Manager for Siemens security maintenance programs. As CSM, Jonathan will leverage Siemens resources to support maintenance and improvement programs for the City of Orange. Jonathan will support the reporting and documentation of services, and provide billings and tracking of project/program progress. Jonathan will act as a quality manager, ensuring strong performance at the City of Orange. 317
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SECTION 3: SERVICE SOLUTION

3.1 Approach
The proposed service agreement is designed to ensure dependability and high reliability for the security systems at the City of Orange. This plan provides response to emergencies within four hours for on-site repair of critical components 24 hours a day every day. For non-emergency technical problems or for non-critical components, Siemens will be on site within 24 hours, or as scheduled with the City of Orange staff to fit into ideal working hours. In addition to the peace of mind that comes from knowing system downtime is minimized, this plan will also help plan, budget and control operating costs. All labor for repairs and replacements are included in the plan. Software support and updates are another important aspect of keeping the system functioning optimally and are provided at scheduled preventive maintenance visits, as appropriate.

3.2 Sites & Equipment Covered
Sites covered in this service proposal (Labor & Material).  Police Department
o Inclusive of kickplate duress and cloudlink devices
 Hart Park
 Shaffer Park
o Inclusive of access control doors (8) and restroom timer doors (excludes locking hardware)  Yorba Park
 Struck Avenue
 Graijalva Park
 Main Library
 El Modena Library
 Taft Library
 Civic Center, Fire Dept (old) and Chambers
o Inclusive of duress buttons for Chambers and Public Works front counter and cloudlink devices  Orange Circle (Plaza Park) – inclusive of YouTube camera  Metro Train Station
 Fire Dept (New) – Prorated for term 1
o Inclusive of access control, duress buttons, and transcore readers o For the initial first year term 9/22/2023 – 9/21/2024, warranty has been provided by a separate project agreement. Preventative maintenance to be provided as part of this agreement.
o For the second and third terms, both warranty and preventive maintenance to be provided.  Handy Park – Prorated for term 1
o Inclusive of access control equipment and restroom time integration, as delivered in this project
o For the initial first year term 9/22/2023 – 9/21/2024, warranty has been provided by a separate project agreement. Preventative maintenance to be provided. o For the second and third terms, both warranty and preventive maintenance to be provided  Metro Parking Structure – Prorated for term 1 to be effective beginning June 28, 2024. 318
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Cost Breakdown:

Equipment covered in this service proposal (Labor & Material). Qty shows spare equipment carried on hand:
 Interior fixed Cameras (2)
 Exterior fixed Cameras (4)
 PTZ Cameras (3)
 Multi-Sensor Cameras (4)
 Wireless point to point radios (4)
 PoE Injectors (2)
 Software Support Agreement (Genetec)
 Dell Warranty (Archiver Server) Excludes DDN (SAN) Server Support o 1 year support (9/22/2023-9/21/2024)
 Recommend upgrading equipment
Service cost breakdown Term 1 costs Term 1 comment Term 2 costs Term 2 comment Term 3 costs Term 3 Comment Base cost of covered items
from prior agreement / carry
over cost from prior term 159,600.00 252,400.00
Base cost carryover
from prior term. 329,783.00
Base cost carryover
from prior term.

New Fire Building Prorate 22,365.00
Preventative
Maintenance
addition.

Warranty provided
in separate
contract. 17,385.00
Add warranty
coverage
Handy Park Prorate 19,875.00
Preventative
Maintenance
addition.

Warranty provided
in separate
contract. 11,175.00
Add warranty
coverage
Metro Train Station 30,804.35
Metro Parking Structure 13,500.00
Prorated costs for
6/28/2024 -
9/21/2024 52,251.00
Full year cost for
Parking Structure
Spare Equipment 6,255.65
Year 2 and 3 - 3% increase 7,572.00
Term 2 3% increase
from prior term
base 9,893.49
Term 3 3% increase
from prior term
base
Dell Warranty Deductions -11,000.00
252,400.00 329,783.00 339,676.49
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Excludes:
 DDN Servers (EOL)
o Siemens recommends upgrading as the equipment is End of Life support with manufacturer  CoO IT Switches / Fabric Switch
 Cabling (Labor and Material)
 Electrical Work
 Electrified Door Hardware
 Asbestos

3.3 Security Services On-site Response Time & Call Windows Attribute Coverage
Response Time – onsite for critical components Included (4 hour response) Response time – onsite for non-emergency Included (24 hour response) Standard Hours of Service Monday – Friday 7:00am to 5:00pm Preventative Maintenance Semi-Annual
Response Window 24 x 7
Software Support & Updates Included
R&R Material Included
R&R Labor Included
Technology Audit Included
Operator Coaching Included
Service Response: The program provides the City of Orange with priority service response. Siemens service prioritizes incoming service requests based on contracted services, nature of request (emergency or non-emergency) and order of call (as logged by Customer Service Call Center). Customers with contracted Support Programs will always be Siemens’ priority customers. The City of Orange will receive priority response of a maximum of four (4) hours on-site for emergency conditions and 24 hours response for all others (or scheduled with the City of Orange staff to fit with ideal city operating days / hours).

Exclusions: Siemens service agreement program excludes all door hardware from service program repair and replace coverage; which can be serviced on a Time and Material basis as needed (or added to service agreement). Siemens excludes customer supplied Server & Workstation hardware; however, in the event of a computer failure, Siemens will provide reprogramming of software, where required, with hardware to be supplied by the City of Orange or others.

Siemens excludes the City IT network equipment, Bosch intrusion system, and cabling. Repair & Replace excludes coverage due to vandalism.

3.4 Rates for Non-Covered Service Projects
For your convenience, we are providing a copy of our most recent published service rates. As Siemens Service Agreement Customer, you will be entitled to a contracted discount for all billable labor. The follow rates are subject to change. Please be advised that Portal to Portal labor charges may apply for work performed outside of the service agreement scope of work. An authorization to proceed will be required prior to any service work performance that is not covered in the above service agreement.
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Siemens Service Agreement Customer Non Service Agreement Customer Standard
Time
Over
Time
Double
Time
Standard
Time
Over
Time
Double
Time
Security 4 Hr Min 4 Hr Min 4 Hr Min 4 Hr Min 4 Hr Min 4 Hr Min On-Site Service Call $245.00/hr $366.00/hr $489.00/hr $305.00/hr $458.00/hr $610.00/hr Fee: On Site Trip $100.00 /
Trip
$100.00 /
Trip
$100.00 /
Trip
$125.00 /
Trip
$125.00 /
Trip
$125.00 /
Trip
Overtime rates in the table apply for calls on Saturdays as well as Monday through Friday 5:00pm - 7:00am, excluding Holidays.

Double time applies for Sundays and Holidays and it may apply on weekdays as well. Rates are current as of 12/14/2022.

Provided that the contract is renewed annually with no lapse coverage, rates in this agreement will be fixed until the end of the third year of the agreement.

3.5 Technical Support Services
The following technical services are included in this agreement. These services ensure that the objectives listed in the above Customer Objectives (Section 1.2) are met by our service and support department. Your account manager will review performance of the following services on a quarterly basis to ensure expectations are met for the City of Orange security staff.

Emergency Onsite Response:

Emergency Onsite Response will be provided to reduce the costs and disruptions of downtime when an unexpected problem does occur. Siemens will provide this service at your facility within 4 hours for critical emergencies, or within 24 hours for non-emergency conditions, Monday through Sunday, 24 hours per day, including Holidays, upon receiving notification of an emergency. Critical emergencies, as determined by your staff and Siemens, are failures at a system or panel level that would result in the loss of the operation of an entire section of a building or place the facility at high risk. Non-emergency conditions, as determined by your staff and Siemens, are failures at an individual component level resulting in minimal impact to the overall operation of the facility. Non-emergency conditions, as determined by your staff and Siemens, may be incorporated into the next scheduled service call.

Orange City CouncilOctober 24, 2023

Orange City Council
October 24, 2023