Agenda packet — Orange City Council, January 9, 2024 (part 3 of 4)

MEMORANDUM OF UNDERSTANDING

PURPOSE
This Memorandum of Understanding (“MOU”) is entered into by the Department of Justice (“DOJ”) and the Orange Police Department (“Grantee”), for the purpose of disbursing grant funds to Grantee for reimbursement of expenditures in compliance with the California Code of Regulations and the Fiscal Year 2023-24 Grantee Handbook.

Commencing January 1, 2023, the California Code of Regulations, Title 11, Division 1, Chap ter 5:

Department of Justice Tobacco Grant Program (“TGP Regulations”) shall govern the policies and procedures of the Tobacco Grant Program.

The TGP Regulations, Request for Proposals, Grantee Handbook (dated March 2023), and Summary of Award document a re hereby incorporated by reference into this MOU. Grantee will expend funds for the purposes identified in the approved Summary of Award document. Reimbursements are to be funded under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016, approved by the voters as Proposition 56.

COST REIMBURSEMENT
DOJ agrees to reimburse Grantee in arrears, for Grantee’s actual expenditures in performing the project or scope of work included in the approved Summary of Award document. Reimbursements will be made upon receipt of invoices from Grantee and approval of the invoices by DOJ, in accordance with the reimbursement procedures set forth in the TGP Regulations and Grantee Handbook.

BUDGET CONTINGENCY CLAUSE
It is mutually agreed, if the Budge t Act of the current fiscal year and/or any subsequent years covered under the MOU does not appropriate sufficient funds, the MOU shall be of no further force and effect.

In the event this situation occurs, DOJ shall have no liability to reimburse/pay any funds to Grantee, or to furnish any other considerations under this MOU. As well, Grantee shall not be obligated to continue performing the provisions of this MOU, for which the Grantee would have been reimbursed.

If funding for any fiscal year is reduced or deleted in the Budget Act for purposes of this MOU, DOJ shall have the option to either cancel this MOU with no liability occurring to DOJ, or offer an addendum to the Grantee to reflect the reduced amount.

401
Orange Police Department DOJ-PROP56-2023-24-1-020

Page 2 of 3 ends

PROJECT BREACH-TERMINATION
Failure of a Grantee to comply with this MOU or the TGP Regulations shall be treated by DOJ as a breach of contract. If an act of noncompliance occurs, DOJ may take actions described within the TGP Regulations, including termination. DOJ may terminate this MOU and be relieved of any obligation to disburse grant funds to Grantee should Grantee fail to perform the scope of work at the time and in the manner provided in this MOU.

MISCELLANEOUS PROVISIONS
Addendum – No addendum or variation of the terms of this MOU is valid unless made in writing, and signed by the duly authorized representatives of the parties.

Assignment – This MOU is not assignable by Grantee in whole or in part.

Indemnification – Grantee agrees to indemnify and hold harmless DOJ, its officers, agents and employees from all claims, liabilities, or losses in connection with the performance of this MOU.

Certifications – Grantee certifies that it does not receive funding from a manufacturer, distrib utor, or advertiser of Cigarettes or Tobacco Products. Grantee further certifies that grant funds will not supplant existing state or local funds dedicated for the same purpose.

TERMS
Grant Duration: 11/1/2023 – 6/30/2027

Award Amount
Category of Expenditure Budget
FY 2023-2024
Budget
FY 2024-2025
Budget
FY 2025-2026
Budget
FY 2026-2027
Personal Services $76,659 $76,659 $76,659 $
Operating Expenses and
Equipment $992 $0 $0 $
Administrative Costs (Not to
Exceed 5%) $0 $0 $0 $
TOTAL AWARD AMOUNT $230,969

The time limit for reimbursements against this award ends 6/30/2027. Requests for reimbursement received after 7/15/2027 cannot be considered by DOJ.

GRANTEE CONTACT INFORMATION
Hilda Montoya, Sr. Administrative Analyst
Orange Police Department, Support Services Division
1107 N Batavia Street
Orange, CA 92867
714-744-7522
[email protected]

402
Orange Police Department DOJ-PROP56-2023-24-1-020

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AUTHORIZATION
DOJ and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU and any future addendums shall be e-mailed to [email protected], care of the Division of Operations, Grant Services Branch, Local Assistance Unit, Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties.

___________________________________ ___________________ Dan Adams Date
Chief of Police
Orange Police Department

___________________________________ ___________________ Thomas C. Kisela Date
City Manager
City of Orange

APPROVED AS TO FORM

___________________________________ ___________________ Nathalie Adourian Date
Senior Assistant City Attorney
City of Orange

______________________________ ___________________
JENNIFER IVERY JOHNSON, Grant Manager Date
Division of Operations
California Department of Justice

___________________________________ ___________________ STACY HEINSEN, Administrative Manager Date
Division of Operations
California Department of Justice

__________________________________ ___________________
CHRIS RYAN, Chief Date
Division of Operations
California Department of Justice

403
RESOLUTION NO. 11515

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE ACCEPTING FUNDS
IN THE AMOUNT OF $230,969 FROM THE

STATE OF CALIFORNIA DEPARTMENT OF

JUSTICE, OFFICE OF ATTORNEY GENERAL,

TOBACCO LAW ENFORCEMENT GRANT

PROGRAM, AND AUTHORIZING THE CHIEF

OF POLICE OR CITY MANAGER TO

EXECUTE THE GRANT PROGRAM

MEMORANDUM OF UNDERSTANDING AND

RELATED DOCUMENTS

WHEREAS, the City of Orange (City) is interested in participating in the Tobacco Law Enforcement Grant Program (the Grant Program), which is made available through the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Prop. 56) and administered by the California Department of Justice (DOJ) to support local efforts to reduce the illegal sale of tobacco products to minors in the City; and

WHEREAS, following the City’s submittal of a proposal for the Grant Program, the State of California DOJ offered to award $230,969 for the Grant Program beginning November 1, 2023 and ending June 30, 2027; and

WHEREAS, Grant Program funds will be used for personal services, operating expenses and equipment related to tobacco enforcement operations, local retailer inspection operations , DOJ-sponsored training, and related activities authorized by the Grantee Handbook; and

WHEREAS, in order to be considered eligible to receive Grant Program funding, the City must adopt a Resolution accepting the award and submit an executed Grant Program Award Memorandum of Understanding to the State of California DOJ.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORANGE, AS FOLLOWS:

1. The City of Orange accepts an award in the amount of $ 230,969 from the State of California DOJ for the Grant Program.

2. The City Manager or Chief of Police is hereby authorized and directed, on behalf of the City, to execute any documents related to acceptance of the Grant Program funding.

3. The City Manager or Chief of Police is hereby authorized and directed, on behalf of the City, to execute the Grant Program Award Memorandum of Understanding (DOJ - PROP56-2023-24-1-020) and any related documents, including, without limitation, contracts, 404
2 amendments, extensions, and payment requests as appropriate to accept the funds under and comply with the conditions of the Grant Program.

4. The City Manager or Chief of Police is hereby authorized and directed to establish all required accounts and make any and all expenditures, appropriations, transfers, and/or distributions of funds on behalf o f the City as are necessary and appropriate to carry out the purpose and intent of this Resolution.

5. Grant Program funds received hereunder shall not be used to supplant ongoing law enforcement expenditures.

ADOPTED this ____ day of ____________________, 2024

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Mike 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 , 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
405
Agenda Item
City Council
Item #: 3.14. 1/9/2024 File #: 23-0632
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
Memorandum of Understanding between the City of Orange and the City of Orange Police Association. Resolution No. 11516.

2. SUMMARY
Resolution 11516 establishes the Memorandum of Understanding between the City of Orange and the City of Orange Police Association, incorporating the previously agreed to Letter of Understanding.

3. RECOMMENDED ACTION
Adopt Resolution No. 11516. A Resolution of the City Council of the City of Orange repealing Resolution No. 11277 and all amendments thereto and approving the Memorandum of Understanding between the City of Orange and the City of Orange Police Association concerning wages, hours, and other terms and conditions of employment effective July 1, 2023, through June 30, 2026.

4. FISCAL IMPACT
Since City Council has already approved the economic provisions of this Memorandum of Understanding at the May 23, 2023, meeting by adopting a Letter of Understanding between the City and the City of Orange Police Association, there is no additional fiscal impact to the budget by adopting this Memorandum of Understanding.

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

Goal 4: Provide outstanding public service
e: Attract, retain, and develop quality employees dedicated to public service.

6. DISCUSSION AND BACKGROUND
In accordance with the Meyers-Milias-Brown Act (MMBA), the City and the City of Orange Police Association (Association) met and conferred on matters of concern to the City and employees in the Association.

Contract negotiations concluded in May of 2023 when the City and the Association agreed on wages, salaries, benefits, and other terms and conditions of employment for the period of July 1, 2023, City of Orange Printed on 1/4/2024Page 1 of 2
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406
Item #: 3.14. 1/9/2024 File #: 23-0632
through June 30, 2026.

This new successor Memorandum of Understanding contains language changes only, and incorporates all the economic provisions previously adopted by the City Council at their May 23, 2023 Council Meeting.

7. ATTACHMENTS
· Resolution No. 11516
City of Orange Printed on 1/4/2024Page 2 of 2
powered by Legistar™
407
Agenda Item
City Council
Item #: 3.14. 1/9/2024 File #: 23-0632
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
Memorandum of Understanding between the City of Orange and the City of Orange Police Association. Resolution No. 11516.

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

Goal 4: Provide outstanding public service
e: Attract, retain, and develop quality employees dedicated to public service.

Contract negotiations concluded in May of 2023 when the City and the Association agreed on wages, salaries, benefits, and other terms and conditions of employment for the period of July 1, 2023, City of Orange Printed on 1/4/2024Page 1 of 2
powered by Legistar™
408
Item #: 3.14. 1/9/2024 File #: 23-0632
through June 30, 2026.

7. ATTACHMENTS
· Resolution No. 11516
City of Orange Printed on 1/4/2024Page 2 of 2
powered by Legistar™
409

RESOLUTION NO. 11516

A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE REPEALING RESOLUTION NO. 11277 AND

ALL AMENDMENTS THERETO AND APPROVING THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF ORANGE AND THE CITY OF ORANGE POLICE

ASSOCIATION CONCERNING WAGES, HOURS, AND

OTHER TERMS AND CONDITIONS OF EMPLOYMENT
EFFECTIVE JULY 1, 2023, THROUGH JUNE 30, 2026

WHEREAS, the City of Orange, hereinafter referred to as “City”, and the City of Orange Police Association, hereinafter referred to as the “Association” , collectively the “Parties”, have met and conferred in accordance with requirements of the Meyers-Milias-Brown Act; and

WHEREAS, the Parties have reached agreement on wages, hours, and other terms and conditions of employment effective July 1, 2023 through June 30, 2026 and the City Council desires to repeal Resolution No. 11277 and all amendments thereto for said employees, as set forth in the Memorandum of Understanding, hereinafter referred to as “MOU”; and

WHEREAS, on May 23, 2023 the City Council of the City of Orange adopted Resolution No. 11460, a Resolution of the City Council of the City of Orange establishing a Letter of Understanding between the Parties effective July 1, 2023; and

WHEREAS, the Parties have met and further refined language to clarify existing provisions as agreed upon during the meet and confer process and now wish to incorporate any and all agreed upon changes included in a successor MOU.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that the attached MOU is approved and incorporated by reference as Exhibit A as though fully set forth herein.

ADOPTED this ____ day of ____________________, 2024

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

410
2 APPROVED AS TO FORM:

Mike 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

Attachment: Exhibit A

411

Exhibit A

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF ORANGE AND THE

CITY OF ORANGE POLICE ASSOCIATION

JULY 1, 2023 THROUGH JUNE 30, 2026

412

TABLE OF CONTENTS

Article No. Article Title Page No.

I Recognition of Association 1
II Non-Discrimination 1
III Salaries 2
IV Working Out of Classification 4
V Work Week 4
VI Overtime 5
VII Compensatory Time Off 6
VIII Call Back Compensation 6
IX Court Time 7
X Special Assignments and Premium Pays 8
XI Educational Incentive and Reimbursement 13
XII Uniform Allowance 14
XIII Holidays 15
XIV Vacation 16
XV Probationary Period 17
XVI Leaves of Absence 18
XVII Part-Time Employee Benefits 23
XVIII Health Benefits 24
XIX Retirement 26
XX Safety and Health Fitness 27
XXI Travel Expense Allowed 28
XXII Employee Organizational Rights and Responsibility 28 XXIII Layoff Procedures 28
413

XXIV City Management Rights 30
XXV No Strike 32
XXVI Grievance Procedure 32
XXVII Disciplinary Appeals Procedure 33
XXVIII Miscellaneous 34
XXIX Residency Requirement 34
XXX Effect of Memorandum of Understanding on Conflicting Agreements

35 XXXI Waiver of Bargaining During Term of Memorandum of Understanding

35 XXXII Emergency Waiver 35
XXXIII Limited Reopener 35
XXXIV Memorandum of Understanding Terms Severable 36
XXXV Term of Memorandum of Understanding

36 XXXVI Ratification and Execution 36
Appendix A Monthly Salary Ranges 38
414
1 ARTICLE I

RECOGNITION OF ASSOCIATION

SECTION 1. Pursuant to the provisions of the Employer -Employee Relations Resolution No. 3611 of the City of Orange and subsequent amendments hereto , the City of Orange, hereinafter referred to as "City", for the purpose of meeting its obligations under the Meyers -Milias-Brown Act (Government Code Section 3500 et. seq.), Employer -Employee Relations Resolution No. 3611 , or as amended, and this Memorandum of Understanding, hereinafter referred to as “MOU” , has recognized the Cit y of Orange Police Association, hereinafter referred to as "Association", as the majority representative of the employee classifications listed wi thin Appendix A. As majority representative, the Association is empowered to act on behalf of all employees who hold positions in classifications covered by this MOU whether or not they are individually members of the Association.

The City and the Association have reached agreement on an updated Employer -Employee Labor Relations Resolution, which shall be adopted by City Council at a future date once all City bargaining groups have had an opportunity to review.

SECTION 2. Any modification or interpretation of the rights of the parties concerning recognition set forth above shall only be established in accordance with Federal and/or State law.

ARTICLE II

NON-DISCRIMINATION

SECTION 1. The parties mutually recognize and agree to protect the rights of all employees herein to join and/or participate in protected Association activities or to refrain from joining or participating in protected activities in accordance with the Employer -Employee Relations Resolution and Government Code Section 3500 et. seq.

SECTION 2. In accordance with Federal and State law, the City and the Association agree that they shall not discriminate against any employee on the basis of actual or perceived race, color, national origin, religion, sex, gender, gender identity, physical or mental disability, medical condition (cancer - related or genetic information), ancestry, marital status, age, sexual orientation, citizenship, pregnancy, childbirth or related medical condition, status as a covered veteran, or service in the uniformed services (as defined by the Uniformed Services Employment and Reemployment Rights Act of 1994) or any other lawfully protected class. The City and the Association shall reopen any provision of this MOU for the purpose of complying with any final order of a Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU in compliance with Federal or State anti-discrimination laws.

REST OF PAGE LEFT BLANK INTENTIONALLY.

415
2 ARTICLE III

SALARIES

SECTION 1. BASIC COMPENSATION PLAN. A basic compensation plan is established for all employees covered by this MOU.

SECTION 2. SALARIES. Salaries and their effective dates for employees covered by this MOU are listed in Appendix A. The salary and wage schedules shall constitute the basic compensation plan consisting of seven (7) steps or rates of pay in each range. The respective ranges shall be identified by number and the steps by the letters A to G. Each step shall be approximately five percent (5.0%) above the preceding step, except Step G for which shall be four percent (4.0%) above current Step F.

SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN. The compensation ranges and steps contained in the monthly salary schedule in the appendix hereof are monthly compensation rates.

For all employees covered by this resolution , the hourly rate of pay shall be the monthly rate times twelve (12) divided by 2,080 annual hours.

In determining the hourly rate as herein provided, compensation shall be made to the nearest one -half (½) cent.

SECTION 4. BEGINNING RATES. A new employee of the City shall be paid the rate shown in Step A in the range assigned to the classification for which the employee has been hired, except that on the request of the Police Chief, and with the authorization of the Human Resources Director, such employee may be placed at any step in the range depending upon the employee's qualifications.

SECTION 5. SERVICE. The word service, as used in this MOU, shall be defined to mean continuous, full-time service in the employee’s present classification, service in a higher classification, or service in a classification allocated to the same salary range and having generally similar duties and requirements.

A lapse of service by any employee for a period of time longer than thirty (30) days by reason of resignation or discharge eliminate s the accumulated length of service time of such employee for the purpose of this MOU. Employees re-entering the service of the City shall be considered as a new employee, except that the employee may and at the discretion of the City, be re -employed within one (1) year and placed in the same salary step in the appropriate compensation range as the employee was at the time of the separation of employment.

SECTION 6 . ADVANCEMENT WITHIN SALARY RANGES. The following regula tions shall govern salary advancement:

A. Merit Advancement. An employee shall be considered for advancement through the salary range yearly upon the employee’s appointment date. To receive the merit increase, an employee must demonstrate meritorious and efficient service, and continued improvement by the employee in the effective performance of the employee’s duties. A me rit increase shall become effective on the first day of the pay period following the employee’s appointment date, unless a later date is specifically determined by the Police Chief, or a duly authorized designee.

416
3 1) The Police Chie f, or a duly authorized designee, shall file with the Human Resources Director a completed performance evaluation recommending the granting or denial of the merit increase and supporting such recommendation with specific reasons therefore.

If denied, the reason for denial will be provided to the employee.

B. Special Merit Advancement. When an employee demonstrates exceptional ability and proficiency in the performance of duties, the Police Chief may recommend to the Human Resources Director that said employee be advanced to a higher pay step without regard to the minimum length of service provisions contained in this MOU. The Human Resources Director may, on the basis of the Police Chief’s recommendation, approve and effect such an advancement.

C. Length Of Service Required When Advancement Is Denied. When an employee is not approved for advancement to the next higher step, the employee shall be reconsidered for such advancement at any subsequent time , but not later than twenty -six (26) pay periods . This reconsideration shall follow the same steps and shall be subject to the same action as provided in Section 6A.

SECTION 7. REDUCTION IN SALARY STEPS. Any employee who is being paid on a salary step higher than Step A may be reduced by one or more steps for just cause upon the recommendation of the Police Chief with the approval of the Human Resources Director. A proposed reduction in an employee’s salary step is subject to Skelly/due process.

SECTION 8. PROMOTIONAL SALARY ADVANCEMENT. When an employee is promoted to a position in a higher classification, the employee may be assigned to Step A in the appropriate range for the higher classification; provided that if such employee is already being paid at the rate equal to or higher than Step A, the employee may be placed in the step in that appropriate salary range as will grant the employee an increase of at least five percent (5.0%), but no more than fifteen percent (15.0%), at the discretion of the Police Chief and Human Resources Director, but not to exceed the top of the salary range.

SECTION 9. DEMOTION. When an employee is demoted for disciplinary reasons to a position in a lower classification, the new salary rate shall be assigned to a step in the new salary range for the lower classification that produces at least a five percent (5.0%) base salary reduction.

SECTION 10. REASSIGNMENT OF COMPENSATION RANGES . Any employee in a classification which is reassigned to a different pay range from that previously assigned shall be retained in the same salary step in the new range as the employee has previously held in the prior range, and shall retain credit for length of service in such step toward advancement to the next higher step; provided, however:

A. That if such retention shall result in the advancement of more than one (1) step, the Human Resources Director may, at the time of reassignment, place the employee in a step which will result in an increase of only one (1) step.

B. That if the reassignment shall be to a lower compensation range, Step G of which shall be lower than the existing rate of pay at the time of reassignment, the employee shall continue to be paid at the existing rate of pay until such time as the new classification shall be reassigned to a 417
4 compensation schedule which will allow for further salary advancement, or until such time as the employee is promoted to a position assigned to a higher compensation range.

C. That if the reassignment is to a lower compensation range, Step G of which is higher than the existing rate of pay of the employee, the employee shall be placed on that step of the lower compensation range which is equivalent to the employee's existing rate of pay. If there is no equivalent rate of pay, the employee shall be placed on the next highest step. The employee shall retain credit for length of service previously acquired in such step toward advancement to the next higher step.

ARTICLE IV

WORKING OUT OF CLASSIFICATION

The City may work employees out of classification for up to four (4) working days without additio nal compensation. On the fifth consecutive working day that the employee works out of classification, the employee shall be paid additional compensation at Step A of the class to which the employee is assigned, or, if Step A does not produce at least a five percent ( 5.0%) increase in compensation, such step that provides the employee a minimum of a five percent (5.0%) compensation increase, not to exceed the top of the range. The City shall not take any action to concertedly avoid paying acting pay by periodically removing an employee from an acting assignment to avoid triggering the consecutive day requirement.

ARTICLE V

WORK WEEK

SECTION 1 . WORK SCHEDULE . The regular work week for Police Officers, excluding those working special assignments, shall be three (3) consecutive shifts o f twelve and one -half (12 .5) consecutive hours each week, plus one additional ten consecutive hour shift each 28 -day FLSA work period that precedes or follows the employee’s regularly assigned first or last work shift of the week .

This schedule is referred to as a 3/12.5 Schedule.

The work schedule for the employee serving as the Court Liaison Officer shall consist of five (5) consecutive shifts of eight (8) consecutive hours followed by two (2) consecutive days off.

All other employees covered by this MOU shall work forty (40) hours per week, consisting of four (4) consecutive shifts of ten (10) consecutive work hours each (4/10 Schedule) followed by three (3) consecutive days off . U nder special circumstances, an employee and the Department may mutually agree to a different schedule.

SECTION 2. Except in the case of emergency as defined in Article VI, Section 9, employees working a 4/10 schedule shall not be scheduled to work more than twelve and one-half (12.5) consecutive hours on any occasion, and employees working a 3/12.5 schedule shall not be scheduled to work more than fifteen (15) consecutive hours on any one occasion, without being provided a minimum eight (8) hours of rest.

418
5 ARTICLE VI

OVERTIME

SECTION 1. RATES OF PAY:

A. GROSS RATE: As used in this MOU, whenever the term “Gross rate” or “Gross rate of pay” is used, it shall refer to employee’s monthly base rate of pay, plus all premium pay, special assignment pay and flexible benefits plan opt out or cash back to which the employee is entitled, divided by the employee’s regularly scheduled hours (i.e., 173.33/month).

B. NET RATE: As used in this MOU, whenever the term “Net rate” or “Net rate of pay” is used, it shall refer to employee’s monthly base rate of pay, plus all premium pay and special assignment pay, but NOT including flexible benefits plan opt out or cash back to which the employee is entitled, divided by the employee’s regularly scheduled hours (i.e., 173.33/month).

SECTION 2 . D EFINITION. Overtime is defined as that authorized time worked in excess of the regular work day and/or work week, except that work amounting to less than fifteen (15) minutes in excess of an employee's regular work day shall not be considered overtime for any purpose. Only time actually worked shall count in the computation of overtime, except that time off due to excused absence for holidays, accumulated compensatory time off, vacation and sick leave shall be counted toward the computation of overtime. Overtime shall be earned to the nearest one-quarter (1/4) hour increment.

SECTION 3. OVERTIME COMPENSATION. Overtime compensation shall be paid at one and one- half times the employee’s Gross rate of pay or received as compensatory time off, at the employee’s option, subject to the Compensatory Time Off (CTO) accumulation cap. The overtime provisions herein shall apply to all classifications covered herein, when duly authorized by the Police Chief or a duly authorized designee. Overtime work shall not entitle employees to earn additional employee benefits such as retirement, holidays, vacation accrual, sick leave accrual, employee insurance benefits or towards the completion of probationary period or to progression within a salary rate range.

SECTION 4. WORKING WITH MINIMAL BREAK . If an employee is scheduled to commence a work shift within ten (10) or fewer hours after the scheduled conclusion of the previously scheduled work shift, the later shift shall be compensated at the premium rate for all hours worked.

SECTION 5. PARTIAL OVERTIME EXEMPTION. The parties agree that the City has adopted the twenty-eight (28) day Section 7k partial overtime exemption in accordance with 29 U.S.C. Section 207(k) of the Fair Labor Standards Act (FLSA).

SECTION 6. PYRAMIDING OF OVERTIME RATE S. Whenever two (2) or more overtime rates may appear to be applicable to the same hour or hours worked by the employees described, there shall be no pyramiding or adding together of such overtime rates, and only the higher applicable rate shall apply.

SECTION 7. If in the event of circumstances beyond the City's control, such as Acts of Nature, fire, flood, insurrection, riot, national emergency or other similar circumstances, employees covered herein 419
6 shall be entitled to only a straight time rate for non-FLSA overtime worked under such circumstances, i.e., time for which premium overtime compensation is not mandated by the FLSA.

SECTION 8. ASSIGNMENT OF AVAILABLE OVERTIME . Whenever possible, when assigning overtime in the Field Services Division , preference will be given to off -duty employees who are interested and available for overtime assignments. Overtime opportunities in the Field Services Division shall be posted and available to those who sign up on a first -come, first-served basis. The City does not provide overtime compensation to employees who travel for training purposes, unless said travel time occurs outside an employee's regular work hours. Compensation will be provided based upon the most expedient mode of employee travel.

ARTICLE VII

COMPENSATORY TIME OFF

SECTION 1. ACCUMULATION AND PAYMENT OF COMPENSATORY TIME . All earned overtime may be credited to employees’ Compensatory Time Off (CTO) banks or be paid cash, at the employee's option. Employees may cash out accrued, unused CTO at the employee’s Gross rate of pay, whenever the employee wishes, at their option . Payment shall be in the first pay period following the employee’s request therefore. CTO may be carried over from one year to the next, not to exceed eighty (80) hours. Employees shall be paid for all accumulated CTO upon separation at their Gross rate of pay.

SECTION 2. USAGE OF COMPENSATORY TIME . An employee who submits a request to use accumulated CTO a minimum of seven (7) calendar days in advance of the requested time off must be granted the leave, provided that such request does not create an undue disruption in the City's ability to provide proper coverage as defined by Federal Law. Scheduled primary and scheduled secondary vacation requests may not be canceled due to the application of this provision. However, management has the right to deny a seven (7) day request if the voluntary overti me process does not provide appropriate coverage for requested time off.

ARTICLE VIII

CALL BACK COMPENSATION

SECTION 1. CALL BACK COMPENSATION. If employees are required to report back to work after completing a normal work shift and have left the City premises and/or work location, or when on a regular day off or any other day when they are not regularly scheduled to work, they shall be compensated in cash or in compensatory time off for actual hours of work (including 30 minutes of travel), with a minimum of three (3) hours call back compensation, regardless of whether the employee works less than three (3) hours. Compensation shall be at time and one-half (1½) the employee’s Gross of pay. Entitlement to call back compensation shall provide that an employee who is called back shall be regarded as having commenced actual hours of work thirty (30) minutes prior to arriving at the designated work location.

The three-hour minimum shall not apply when an employee is called back immediately prior to their regular scheduled shift and works continuously to the start of their regular work shift. after the call back. 420
7 ARTICLE IX

COURT TIME

SECTION 1 . Parties agree to incorporate by reference existing departmental policies and written procedures covering the subject of court time except to the extent they conflict with this MOU.

SECTION 2. COURT APPEARANCE PAY. Employees required to appear or testify while off -duty and in response to a subpoena relating to activities arising out of the course and scope of employment, shall receive time and one-half (1½) the employee’s Gross rate of pay for the actual number of hours spent in their testimony or appearance (including 30 minutes of travel) , or two (2) hours, whichever is greater. For the purposes of this Section, the computation of the actual number of hours of work shall include all meal and break periods.

SECTION 3. ON-CALL COURT COMPENSATION. Whenever an employee has been placed on-call while off-duty, including for telephonic testimony, in response to a subpoena relating to activities arising out of the course and scope of employment, the employee shall be paid at the employee’s straight-time Net rate of pay in cash payment or CTO, as follows:

A. On-call is for two (2) hours, regardless of the actual duration of being on-call and/or shift start times for each morning session (0800-1230), and an additional two (2) hours for each afternoon session (1230-1700).

B. If an employee is notified that the on-call status has been trailed, modified, or canceled by 1700 hours the day prior to the on-call day, no compensation is authorized.

C. Employees called to court while on-call during a morning of afternoon court session will receive overtime pay or CTO for the actual hours worked plus thirty (30) minutes travel time, or two (2) hours, whichever is greater , per the terms of Section 2, above. An employee shall not receive “on call” pay and “appearance pay” for the same court session.

D. Employees called to court in the afternoon, while on -call in the morning, will receive on -call compensation for the morning and overtime for the actual time worked, plus thirty (30) minutes travel time or two (2) hours, whichever is greater, in the afternoon.

E. In the event an employee has multiple on -call subpoenas, during the same court session, only one (1) on -call subpoena OR one (1) overtime will be compensated. This will include an employee already in court or assigned to an overtime assignment.

F. Once an employee appears or completes testifying in a case, they are deemed released from that subpoena that resulted in their appearance or testimony, unless specifically otherwise advised by the Court or subpoenaing party.

G. If an employee is required to return to the court after a court authorized break and/or the court designated lunch period, the employee will be compensated at the employee’s Gross rate for the break and/or court designated lunch period. This Section will only apply to the same subpoena.

H. In the event an employee is excused from court and subject to recall, a new subpoena would need to be issued in order to be eligible for any compensation. 421
8 SECTION 4. A Police Officer who transfers from another law enforcement agency into service with the City and is required to appear in court in connection with a criminal or civil subpoena issued in relation to an incident arising out of that previous employment relationship shall be allowed to appear in response to the criminal or civil subpoena without loss of pay if the employee is normally scheduled to be on duty at the time of testimony. If the employee is off duty at the time of the testimony or appearance, the employee shall be compensated as if the matter arose out of the course and scope of present employment, as set forth above. If the employee is placed on call or standby and if off -duty, the employee shall be compensated as though the matter arose out of the scope of employment as set forth above.

ARTICLE X

SPECIAL ASSIGNMENTS AND PREMIUM PAYS

SECTION 1. SPECIAL ASSIGNMENT GUIDELINES. Employees may be assigned, from time-to- time, by the Police Chief in a special assignment and shall receive additional compensation, above the employee's regular compensation during the period of such special assignment, provided the employee is performing all the significant duties of the special assignment. The amount of additional compensation shall be determined by the special assignment and special pay provisions as defined in Section 2 of this Article. These special assignments to positions shall be made or revoked at the discretion of the Police Chief . The Poli ce Chief will consult with the Association regarding the development of selection guidelines for special assignments; however, the decision of the Police Chief is final in determining the selection guidelines.

A. Employees assigned to positions specified in Section 2 below shall move on a step-to-step basis without changing anniversary dates.

B. There is no period of probation required in a special assignment and no permanency or seniority may be obtained in a special assignment. An employee who has attained permanency in a classification retains that status during special assignments.

C. Reductions in the number of special assignments which require the removal of one (1) or more employees from the special assignment shall be based on department seniority. Whenever an employee is removed from a special assignment because of a reduction in the number of available assignments, for a two (2) year period after the date on which the reduction occurred, that employee shall be entitled to fill the first vacancy within that particular special assignment.

SECTION 2. SPECIAL ASSIGNMENTS.

A. Motor Officers. Police Officers assigned by the Police Chief as a Motor Officer shall receive an additional six and one-half percent (6.5%) compensation above the employee's monthly base rate of pay during the period of such assignment. This form of pay, also referred to as "Motorcycle Patrol Premium" , shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(3).

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9 Motor Officers shall clean and maintain their City issued vehicles during their regular work hours.

If any cleaning or maintenance is required to be done outside the regular workday and will trigger overtime pay, approval for such work must be obtained fro m the immediate supervisor prior to performing such work.

B. Investigators (Detectives). Police Officers assigned by the Police Chief as Investigators (also referred to as Detectives) shall receive an additional seven and one -half percent (7.5%) compensation above the employee's monthly base rate of pay during the period of such assignment. This form of pay, also referred to as "Police Investigator Premium" shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(3).

C. Canine Officers. Police Officers may be assigned by the Police Chief as Canine Handlers and shall be responsible for maintaining, training, and utilizing a police service dog during their regular duties. Employees assigned as Canine Officers shall receive six and one -half percent (6 .5%) compensation above the employee's monthly base rate of pay during the period of such assignment.

This form of pay, also referred to as "Canine Officer/Animal Premium" , shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(3).

In addition, Canine Officers shall also be compensated for the off -duty care, maintenance, and training of police service dogs in the amount of eight (8) hours per month at an hourly rate of $17.00 per hour at time and one-half (8 x $25.50 = $204.00 per month). The parties further agree that eight (8) hours per month constitutes the number of hours that Canine Officers reasonably spend outside the regular work schedule for all time spent in relation to the care, maintenance, and training of a police service dog and related equipment. With appropriate documentation, the City agrees to separately and additionally compensate a Canine Officer for visits to the veterinarian and/or other unusual occurrences that are handled outside of the Canine Officer's regular work hours at the rate of one and one -half (1.5) times the Canine Officer's regular rate of pay for the actual number of hours spent in such activities. This $204.00 per month compensation is not reportable to CalPERS as special compensation.

The parties agree that payment by the City in accordance with this Section shall satisfy all City FLSA obligations with respect to the care, maintenance, and training of police service dogs. There is no period of probation required as a Canine Handler and no permanency or seniority may be obtained in such assignment . Police Officers assigned as Canine Handlers shall serve at the pleasure of the Police Chief and may be reassigned at the sole discretion of the Chief.

D. Corporals. Police Officers may be assigned by the Police Chief as Corporals within the Patrol, Motors, or Canine units and shall receive special ten percent (10 .0%) compensation above the employee's monthly base rate of pay during the period of such assignment . This form of special pay, also referred to as " Lead Worker/Supervisor Premium " shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(3).
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10 Corporals, while assigned as such, may not pyramid special assignment pay for the following:

Training Manager, Motor Officer, Investigator, Gang Unit Detective or Rotator, Canine, Field Training Officer, Homeless Engagement and Resource Team, or Senior Officer. Corporals will, however, be permitted to pyramid their Corporal special assignment pay with any or all of the following: Crime Scene Investigator, Bilingual Premium, Shift Premium , and CNU/SWAT pay. There is no period of probation required as a Corporal, and no permanency or seniority may be obtained in such assignment. Police Officers assigned to this special assignment serve at the pleasure of the Police Chief and may be reassigned at the sole discretion of the Police Chief. For the purposes of this Section, there shall be no carry-over of pay or rank upon re-assignment or voluntary transfer to another unit. Corporals who accept assignments to Motor, Investigator, Gang Unit Detective, Training Manager, or Canine shall lose their status as Corporals.

E. Gang Unit Investigators (Rotators). Patrol Officers and Corporals may be specially assigned to the Gang Unit by the Police Chief, who retains discretion to remove an employee from such special assignment without cause. Patrol Officers assigned to the Gang Unit will receive seven and one- half percent (7.5%) compensation above the employee's monthly base rate of pay during the period of such assignment . This form of pay, also referred to as "Gang Detail Assignment Premium" shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(3).

Gang Unit Investigators will serve for a period of one (1) year, which may, upon the mutual agreement of the employee and the Police Chief, be extended for a period up to an additional two (2) years. An employee of the rank of Corporal who is specially a ssigned to the Gang Unit will retain their Corporal status. At the end of an employee's special assignment to the Gang Unit, the employee will resume regular Patrol assignment.

F. Training Manager. Police Officers assigned by the Police Chief as Training Manager shall receive an additional seven and one -half percent (7.5%) compensation above the employee's monthly base rate of pay during the period of such assignment. This form of pay, also referred to as “Training Premium”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation f or New Members pursuant to CalPERS Regulations, Section 571.1(b)(3).

G. Special Investigations Unit. Police Officers assigned by the Police Chief to the Special Investigations Unit (SIU) shall receive an additional seven and one -half percent (7.5%) compensation above the employee's monthly base rate of pay during the period of such assignment.

SIU Investigators are not eligible for the Shift Differential Premium. This form of pay, also referred to as "Police Investigator Premium", shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(3).

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11 H. Driving Under the Influence (DUI) Team. Police Officers assigned by the Police Chief in a special assignment on the DUI Team shall receive an additional five percent (5.0%) compensation above the employee's monthly base rate of pay during the period of such assignment. This form of pay, also referred to as "DUI Traffic Officer Premium", shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and pen sionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(3).

I. Homeless Engagement and Resource Team (HEART). Police Officers assigned by the Police Chief in a special assignment on the HEART Team shall receive an additional five percent (5.0%) compensation above the employee's monthly base rate of pay during the period of such assignment. This form of pay, also referred to as "Police Liaison Premium", shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(3).

J. Bike Team. Police Officers assigned by the Police Chief in a special assignment on the Bike Team shall receive an additional five percent (5.0%) compensation above the employee's monthly base rate of pay during the period of such assignment. This compensation is not compensation earnable or pensionable compensation pursuant to CalPERS Regulations.

SECTION 3. PREMIUM PAYS.

A. Crime Scene Investigator. Employees assigned as Crime Scene Investigators within the Field Services Division shall receive $250.00 per month during the period of such assignment.

Employees may be assigned at the discretion of the Police Chief or a duly authorized designee.

This form of pay, also referred to as “Crime Scene Investigator Premium”, shall be reported to CalPERS as special compensation for sworn members only, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4) , and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(3).

B. Field Training Officer. Police Officers assigned to Patrol and Police Officers assigned as Motor Officers who are designated as Field Training Officers shall receive $219.23 per pay period, during any pay period they are assigned a trainee . Classifications of Police Dispatcher, Parking Control Officer II, and Police Services Officer assigned to train employees shall receive $ 126.92 per pay period, during any pay period they are assigned a trainee . This sum shall be paid only for those pay periods during which the individual is specifically assigned to a trainee for any part of the pay period. Corporals shall not qualify for training premium. This form of pay, also referred to as “Training Premium”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(3).

C. Bilingual. Employees assigned to perform bilingual speaking duties shall receive Bilingual premium pay of $300.00 per month. This form of pay, also referred to as “Bilingual Premium”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for 425
12 Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(3).

Bilingual Assignments shall be made on the following basis:

1) The Police Chief, with the approval of the Human Resources Director, shall determine the number of Bilingual Assignment positions that are necessary based upon a demonstrable need and the frequency of use; and

2) The Police Chief shall determine the languages appropriate for Bilingual Assignment; and

Employees receiving Bilingual Assignment compensation shall be required to take and pass a proficiency test on an annual or as needed basis , as determined by the Human Resources Department.

D. Senior Officer. Police Officers not assigned to a special assignment as defined in Sections 2 of this Article shall receive five percent (5.0%) Senior Officer Pay above the employee's monthly base rate of pay during the period of such assignment, upon completion of six (6) years of sworn service with the Orange Police Department. This compensation is not compensation earnable or pensionable compensation pursuant to CalPERS Regulations.

E. Shift Differential. All employees who are either (1) assigned to shifts that start between 1200 hours (12:00 p.m.) and 0600 hours (6:00 a.m.), or (2) any employee subject to periodic shift rotation shall receive a two percent (2.0%) compensation above the employee's monthly base rate of pay during the period of such assignment . Shift assignments shall be made or revoked at the discretion of the Police Chief. This form of pay, also referred to as "Shift Differential" , shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(3).

F. Crisis Negotiation Unit (CNU) or Special Weapons And Tactics (SWAT) Team. Employees assigned to CN U or SWAT shall receive an additional $200.00 per month in addition to their regular salary, for the duration of this assignment. An assignment to the CNU or SWAT team is not considered permanent and said assignment to or removal from these units is solely based upon the discretion of the Police Chief or a duly authorized designee. It is understood that the department does not need cause or grounds for the removal of any employee from either of these teams. Such removal is not considered to be a punitive action, and is not subject to appeal. This compensation is not compensation earnable or pensionable compensation pursuant to CalPERS Regulations.

G. Returning to Patrol. Police Officers who have served for four (4) years or more in the special assignments of Motors and/or Investigators who volunteer to return to Patrol shall receive eight percent (8.0%) compensation above the employee's monthly base rate of pay upon return to Patrol.

This will not apply to officers who are returned to Patrol as the result of discipline or performance issues. Employees who receive Return to Patrol Premium will not receive for Senior Officer Pay.

This compensation is not compensation earnable or pensionable compensation pursuant to CalPERS Regulations.

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13 H. Drug Recognition Expert (DRE). Upon proof of certification as a Drug Recognition Expert , employees shall receive $250.00 per mont h beginning on the first day of the next pay period following certification.

I. Longevity Pay. Employees shall be eligible to receive the highest of the following monthly amounts for which they qualify:

Completed Years of Service Monthly Premium
10 Years of Service $200.00
15 Years of Service $300.00
20 Years of Service $400.00
25 Years of Service $500.00

For purposes of this benefit, years of service is defined as follows: 1) for all non-sworn employees, all years of full-time service with the City of Orange; and 2) for sworn employees, years of service as a full -time paid sworn law enforcement officer or years of full -time service with the City of Orange, whichever is greater. For years of sworn service other than the City of Orange, employee shall provide City with proof of eligible service. The Police Chief and Human Resources Director shall have final approval of service eligibility. Employee s shall be responsible for notifying the department of their eligibility for longevity pay at each tier. The effective date is then applied to the following pay period.

This form of pay, also referred to as "Longevity Pay", shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic M embers pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(3).

ARTICLE XI

EDUCATIONAL INCENTIVE AND REIMBURSEMENT

SECTION 1. Police Officers shall be eligible to receive Educational Incentive pay according to the chart below. Employees who qualify for this pay shall be compensated for the highest of the following monthly amounts for which they qualify:

EDUCATIONAL LEVEL MONTHLY INCENTIVE
60-89 Units (for employees hired prior to 11/10/2020) $100.00 90 Units or more (for employees hired prior to 11/10/2020) $120.00 Associate’s Degree (for employees hired prior to 11/10/2020) $150.00 Bachelor's Degree $450.00
Master's Degree in area related to Law Enforcement , Public Administration, or Management from an accredited university, as approved by the City Manager or a duly authorized designee $700.00

This incentive pay shall become effective on the first day of the next pay period following the employee’s submission of official transcripts. This form of pay, also referred to as “Educational 427
14 Incentive” shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(2), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(2).

SECTION 2. POST CERTIFICATION PAY. Police Officers shall be eligible to receive Peace Officer Standard Training (POST) Certification at the highest monthly amount for which they qualify:

CERTIFICATION LEVEL MONTHLY INCENTIVE
POST Intermediate Certificate $200.00
POST Advanced Certificate $250.00

This incentive pay shall become effective on the first day of the next pay period following the employee’s submission of certificate. This form of pay, also referred to as “Peace Officer Standard Training (POST) Certificate Pay” shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(2), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(2).

SECTION 3. EDUCATIONAL REIMBURSEMENT AND PROFESSIONAL DEVELOPMENT .

The City will reimburse employees for the cost of tuition, textbooks, registration, health fees, and parking fees required for approved community college and college courses. Educational reimbursement payments to a n employee shall not exceed $1, 500.00 in any one fiscal year and the employee must still be employed by the City when the course is completed. Reimbursement will be provided for courses that are taken to satisfy requirements for attaining a degree in a job-related field or which is management-related.

In addition, approved professional development courses are defined as those that are POST approved that directly improve the knowledge of the employee relative to the ir current position or to a position to which the employee may seek promotion or assignment , and must be approved by the Police Chief and the Human Resources Director prior to registration. Professional development reimbursement is only for registration fee s and excludes expenses related to travel, lodging, meals, and incidental expenses related to per diem.

Reimbursement will be based upon a final grade of C or better or where a course is taken as credit/no credit, a final grade of “credit” or a certificate of completion is received.

ARTICLE XII

UNIFORM ALLOWANCE

SECTION 1. The City will purchase uniforms for all regular, full -time and part -time uniformed employees of the Police Department. Qualified part-time employees are those employees scheduled in the budget to work at least twenty (20) hours a week on a year -round basis. Except as provided herein, a uniform allowance shall be reported to CalPERS in the amount of $230.00 per calendar year per employee for sworn employees, and $190.00 per calendar year for non-sworn employees. Police Officers assigned as a Detective or Investigator/Rotator (with the exception of the Bike Team and the 428
15 Training Manager), and Civilian Investigative Officers (CIO) as of July 1st each year, shall receive a clothing allowance while so assigned equal to $500.00 per fiscal year. Individuals receiving this clothing allowance shall not be entitled to receive the two (2) partial uniforms (two pants and two shirts) provided to other Police Officers during any such fiscal year. This does not relieve any individual from strict compliance with applicable Department Policy. The clothing allowance shall be paid in a one-time payment, in the first full pay period following July 1st. All uniforms thus purchased shall remain the property of the City of Orange. This form of pay, also referred to as “Uniform Allowance”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(5); however, this form of pay is not pensionable compensation for New Members.

SECTION 2. Safety equipment as designated by the Police Chief and/or required by law will be provided by the City.

SECTION 3. All uniforms and/or safety equipment purchased by the City shall remain the property of the City.

ARTICLE XIII

HOLIDAYS

SECTION 1.

A. All employees in this Association work without regard to holidays.

B. Effective each January 1 st, employees covered by this MOU shall receive 105 hours of holiday accrual to be taken as time off or converted to cash. Unused holiday leave may be cashed out at any time, upon request of the employee. Accruals not used or converted to cash within the twelve (12) month period between January 1st and December 31st shall automatically be paid in the final pay period in December.

C. As set forth in this MOU, the terms 'holiday pay' or 'holiday pay in lieu of time off’ shall be paid at the employee’s Net rate of pay. Holiday pay shall be reported to CalPERS as compensation earnable for Classic M embers pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members and pursuant to CalPERS Regulations, Section 571.1(b)(3).

D. Employees assigned to classifications covered by this MOU after January 1 st shall receive prorated holiday accruals, one-twelfth (1/12) of their holiday accrual for each month remaining in the twelve (12) month period between January 1st and December 31st.

E. To qualify for this benefit, on the applicable January 1st, employees must be considered active and not be considered off work due to any form of unpaid leave of absence, and have worked a minimum of six (6) months and one (1) day of City service. Employees who return to work following an unpaid leave of absence shall receive prorated holiday accruals, as noted above.

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16 SECTION 2. Employees working on holidays designated below shall receive double pay for hours worked on the holiday, which shall consist of holiday pay plus the employee's regular straight time hourly pay for all hours worked, or time off equivalent to the number of hours worked on the holiday.

For the purposes of this provision , each holiday will be considered a ten (10) hour day. Employees shall receive no other compensation for working on a holiday, except that an employee who works hours in excess of regular sche duled work shifts on a designated holiday shall receive premium compensation.

1) January 1st (New Year's Day)
2) The third Monday in February (Presidents’ Day)
3) Last Monday in May (Memorial Day)
4) July 4th (Independence Day)
5) First Monday in September (Labor Day)
6) November 11th (Veterans Day)
7) Fourth Thursday in November (Thanksgiving Day)
8) Fourth Friday in November (Day after Thanksgiving)
9) December 25th (Christmas Day)

SECTION 3. Holiday hours shall be taken at the convenience of the City with the approval of the Police Chief or a duly authorized designee.

SECTION 4. Employees who terminate their employment with the City prior to completing one year of full-time employment shall receive the pro -rata portion of their holiday pay in cash reimbursement at the employee’s Net rate of pay . Pro-rated holiday shall be on the basis of one -twelfth (1/12) of the employee's annual holiday hours for each full month of service of the employee during the employee's anniversary year.

ARTICLE XIV

VACATION

SECTION 1. VACATION ACCRUAL . All full-time, regular employees accrue paid vacation bi- weekly, as follows:

After Year(s) of Service Vacation Hours Per Year Bi-Weekly 0 through 4 80 3.08
5 through 10 120 4.62
11 128 4.92
12 136 5.23
13 144 5.54
14 152 5.85
15 160 6.15

After completion of fifteen (15) years of continuous employment, all full -time regular employees described herein shall accrue an additional four (4) hours of vacation per year up to a maximum of 220 vacation hours after thirty (30) years continuous employment with the City.

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17 SECTION 2. VACATION USAGE AND ACCUMULATION . Vacation shall be taken at the convenience of the City with the approval of the Police Chief or a duly authorized designee. Vacation hours not in excess of hours earned in the immediately preceding twenty-four (24) month period may be accumulated with the permission of the Police Chief and the Human Resources Director. All vacation hours in excess of the equivalent number of hours earned in the immediately preceding twenty- four (24) month period shall not be accrued to the employee's accumulated vacation.

An employee serving an initial probationary period with the City shall accrue vacation as set forth above but may not use vacation until the completion of the initial probationary period with the City .

These employees are permitted to use all other leaves, including bereavement leave, sick leave, CTO and holiday leave, according to applicable procedures.

SECTION 3. VACATION CONVERSION. An employee may convert up to fifty percent (50%) of current annual vacation accrual into cash in lieu of time off with pay at the employee’s Net rate . An employee requesting such a conversion may so convert twice in a fiscal year, however, the total amount converted per fiscal year shall not exceed fifty percent ( 50%) of the employee’s annual accrual.

Employees serving their initial hire probationary period shall not be eligible for vacation conversion.

SECTION 4. VACATION PAYOUT UPON TERMINATION . Employees who terminate their employment shall be paid for all accrued vacation including a pro-rated portion of any final pay period at the employee’s Net rate of pay.

ARTICLE XV

PROBATIONARY PERIOD

SECTION 1. An employee initially appointed to a classification shall serve a probationary period during which the employee shall have an opportunity to demonstrate suitability for the job. The probationary period for all new police officers, except lateral police officers, shall be eighteen (18) months. Lateral police officers will continue to be subject to a probationary period of twelve (12) months. The probationary period for dispatchers shall commence when appointed to the classification and shall conclude twelve (12) months following the completion of the initial dispatcher training. The probation for all other employees shall conclude twelve (12) months after the date of appointment to the classification. Under certain conditions, with the approval of the Human Resources Director and the Police Chief, the probationary period may be shortened or extended. The employee shall attain regular status in the classification upon successful completion of the probationary period.

SECTION 2. Any probationary employee shall be entitled to appeal termination or demotion action, in accordance with the Grievance Procedure set forth in this MOU but is restricted to the informal part of the grievance process referenced in Article XXVI, Section 4.

SECTION 3. PROBATION PERIOD RE-HIRES. Any employee who leaves City employment and is subsequently re-hired must serve a new probationary period as provided under Section 1 above.

REST OF PAGE LEFT BLANK INTENTIONALLY.
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18 ARTICLE XVI

LEAVES OF ABSENCE

SECTION 1. LEAVE WITHOUT PAY.

A. After all available leave benefits have been completely used, a regular employee not under suspension may make application for leave without pay.

B. If the Police Chief and Human Resources Director agree that such leave is merited and in the interest of the City, leave may be granted for a period not to exceed six (6) months following the date of expiration of all other leave benefits. No employment benefits shall accrue to any employee on leave of absence without pay.

C. At the end of such leave, if the employee desires additional leave, written application must be made to the Human Resources Director, stating the reasons why the additional leave is required and why it would be in the best interests of the City to grant same. If in the Human Resources Director's opinion such additional leave is merited, and would still serve the best interests of the City, the employee may approve same for a period not to exceed an additional six (6) months. If the employee does not retur n to work before or at the end of the leave of absence or any extension thereof, the employee shall be terminated.

D. An employee on leave of absence must give the City at least seven (7) days' written notice of the intent to return to work. During a leave without pay in excess of five (5) working days, no seniority shall be accumulated. Such leave shall be granted on the same basis for pregnancy, childbirth and other medically related conditions, except that such an employee shall retain her seniority rights.

E. Any employee who engages in outside employment during said leave of absence without permission of the Human Resources Director and the Police Chief or a duly authorized designee may be subject to termination. Any employee who falsifies the reason for request for said leave of absence may be terminated for falsifying a request for leave of absence.

F. Notwithstanding Subsection A above, a regular employee not under suspension may make application to the Police Chief or a designee for Leave Without Pay for injury or illness not determined to be compensable under applicable workers compensation law. The employee need not exhaust all thei r accrued leave accounts, but must use all available sick leave up to a maximum of thirty (30) calendar days prior to Leave Without Pay being granted.

G. An employee will have the option to use all or part of the remaining available sick leave and, with approval of the Police Chief or designee, vacation and/or CTO prior to taking Leave Without Pay for the purpose set forth in Subsection F above.

SECTION 2. PERSONAL NECESSITY LEAVE. Employees may be allowed up to one (1) working day per month without pay for personal business with approval of the Police Chief. Employees shall accrue no employment benefits for any personal necessity leave in excess of one (1) day per month. 432
19 Such personal necessity leave shall be without pay and shall not be accumulated from month to month.

SECTION 3. CIVIC DUTY.

A. Jury Duty. When required to serve on a jury, all employees shall have time off for a period of actual service required on the jury. Employees shall receive their normal pay while serving on jury duty, provided all jury fees paid to the individual employee are turned over to the City, with the exception of automobile expenses allowed. Once an employee has completed jury service, the employee must provide the Certificate of Jury Service to the immediate supervisor to qualify for jury duty compensation.

B. Witness Service. If an employee is called as a law enforcement witness, the employee shall receive normal pay upon the payment of any witness fees that accrue to the employee for witness services.

SECTION 4. MILITARY LEAVE OF ABSENCE. If an employee is deployed or required to attend military training, the employee shall be entitled to military leave of absence under the provisions of Federal and State laws including the Uniform Services Employment and Re -employment Rights Act (USERRA) and the California Military and Veterans Code. Employees must provide a copy of their military orders , and Leave and Earnings Statements (LES) if requested, to the Human Resources Department to qualify for military leave of absence. Any exceptions to this provision shall be considered on a case-by-case basis, with final approval of the Human Resources Director.

SECTION 5. SICK LEAVE. Sick leave with pay shall be allowed, credited, and accumulated in accordance with the following:

A. For employees working a regular forty (40) hour week, eight (8) hours of sick leave will accrue for each month of continuous service.

B. All non-benefited employees shall receive sick leave as required by State law.

C. For each day the employee is absent, the employee will be charged the number of hours they are normally scheduled to work that day.

D. Any employee eligible for sick leave with pay may use such leave for the following reasons:

1) Medical, dental, and vision office appointments during work hours when authorized by the Police Chief or a duly authorized designee; and/or

2) Personal illness or physical incapacity resulting from causes beyond the employee's control, including pregnancy, childbirth and other medically related conditions; and/or

3) Forty-eight (48) hours per calendar year (non-cumulative) may be used for an absence caused by illness or injury of any employee’s immediate family. "Immediate family" as used in this subsection is limited to any relation by blood, marriage or adoption who is a member of the employee's household (living at the same address), and any parent, substitute parent , parent -in-law, spouse, registered domestic partner, child, brother, sister, grandchild or grandparent of the employee, or “designated person” pursuant to AB 1041, regardless of residence.
433
20 4) For an employee who is a victim of domestic violence, sexual assault, or stalking, for the purposes described in Labor Code sections 230(c) and 230.1(a).

E. Any employee who engages in outside employment during sick leave without permission of the Police Chief or a duly authorized designee may be subject to termination. Any employee who falsifies the reason for request for said leave of absence may be terminated for falsifying a request for leave of absence.

F. Sick Leave Application. Except as provided in Section D3 above, sick leave may be applied only to absence caused by illness or injury of an employee and may not extend to absence caused by illness or injury of a member of the employee's family. In any instance involving use of a fraction of a day's sick leave, the minimum charged to the employee's sick leave account shall be one-quarter ¼) hour, while additional actual absence of over one-quarter (¼) hour shall be charged to the nearest one-half (½) hour.

The Police Chief shall be responsible for control of employee abuse of the sick leave privilege. Employees may upon prior notice be required to furnish a certificate issued by a licensed physician or nurse or other satisfactory written evidence of any subsequent illness.

G. Sick Leave Payout Program. Sick Leave shall be paid at the current rate of pay and be paid off according to the following programs:

1) All sick leave accrued prior to January 1, 1997 shall fall under the following payout program:

a) Accumulated sick leave balances as of December 31, 1996 shall be set aside in a designated sick leave account and no further accumulation will be placed in this bank. This accumulated sick leave will be available for the employee's use according to the provisions outlined in subsections D (1), (2), (3), and (4).

b) Upon retiring from City service, including but not limited to retirement based upon industrial disability, and entering CalPERS as a retired annuitant, an employee shall receive no pay for the first 228 hours of accrued sick leave, but shall receive ten percent (10%) pay for the next 252 hours of accrued sick leave, and thirty five percent (35%) of all accrued sick leave thereafter.

c) Upon the death of an employee while employed by the City, 100% of all accrued sick leave benefits accrued prior to January 1, 1997 shall be paid to the beneficiary of the deceased employee. Payment will be made when proper authorization for payment is received from the estate of the decedent employee.

2) All sick leave accrued after December 31, 1996, shall be placed in a new accrual bank, shall have no maximum accrual amount, and shall be paid at the current rate of pay.

a) Employees with accumulated sick leave balances of less than 352 hours, combining both sick leave accounts described in subparagraphs 1) and 2) herein in the 434
21 calculation to determine eligibility, shall fall under the following payout provision:

Employees who use less than thirty (30) hours of sick leave during the current calendar year period shall be eligible to cash out, or credit to their accumulated vacation, sixteen (16) hours of their accumulated sick leave. Sixteen (16) hours will be deducted from their new accumulated sick leave bank. The employee must file a sick leave payout designation form by the last pay period of each calendar year in order to receive the sixteen (16) hours in either cash or vacation accumulation beginning January 1998 and each subsequent January. However, no hours will be converted to vacation if said conversion places the employee's vacation bank over the maximum allowable accrual. In this case, all sick leave hours eligible for conversion wi ll instead automatically be converted to cash.

Conversion of sick leave to vacation shall occur in the first pay period of January based upon sick leave usage during the previous payroll calendar year. If no designation form is filed, the hours will automatically remain in the employee's new sick leave accumulation account.

b) Employees with accumulated sick leave balances of 352 hours or more, combining both sick leave accounts in the calculation to determine eligibility, shall fall under the following payout provisions:

A full -time employee may convert unused sick leave from the calendar year (maximum 96 hours) to cash or accumulated vacation at a rate of fifty percent (50%) of their current pay rate. For example, an employee who uses no sick leave during the calendar year may forfeit that ninety-six (96) hours of accumulated sick leave in exchange for forty -eight (48) hours of pay or accumulated vacation. The employee must file a sick leave payout designation form by the last pay period of each calendar year in order to receive the remaining unused sick leave in either cash or vacation accumulation beginning January 1998 and each subsequent January.

However, no hours will be converted to vacation if said conversion places the employee's vacation bank over the maximum allowable accrual. In this case, all sick leave hours eligible for conversion will instead automatically be converted to cash. Conversion of sick leave to vacation shall occur in the first pay period of January based upon sick leave usage during the previ ous payroll calendar year. If no designation form is filed, the hours will automatically remain in the employee's new sick leave accumulation account.

c) Upon service retirement or industrial disability retirement from employment with the City and entering CalPERS as a retired annuitant , for sick leave hours accumulated after December 31, 1996, an employee shall receive payment at the employee’s Net rate into the employee’s Retirement Health Savings Plan (RHSP) as follows:

i. No pay for the first 100 hours (0 to 100 hours) of accrued sick leave; ii. Twenty-five percent (25%) pay for up to the next 100 hours (101 to 200 hours) of accrued sick leave;
iii. Fifty percent (50%) pay for up to the next 250 hours (201 to 450 hours).

d) Upon separation of employment from the City for any reason other than retirement 435
22 or death an employee shall be paid at their Net rate of pay for sick leave hours accumulated after December 31, 1996 as follows:

e) Upon the death of an employee while employed by the City, 100% of all accrued sick leave benefits up to 352 hours shall be paid to the beneficiary of the deceased employee. Payment will be made when proper authorization for payment is received from the estate of the deceased employee. Payment shall be at the employee’s Net rate.

SECTION 6. WORKERS' COMPENSATION. Workers’ Compensation benefits will be provided as follows:

A. Sworn Employees. Salary continuance for sworn employees will be provided in accordance with the current State of California's Division of Workers' Compensation laws and regulations.

B. Non-Sworn Employees. Upon acceptance of a work-related injury or illness claim, non-sworn employees shall be granted temporary disability leave in accordance with the current State of California's Division of Workers' Compensation Laws and regulations. For up to 365 days, if a City employee is entitled to receive temporary disability payments, the City will contribute additional compensation to allow the employee to receive 100% of their regular rate of pay, or provide full salary continuance, for the first thirty (30) days starting from the date of injury. The employee will then receive eighty percent ( 80%) of salary f or up to an additional 335 calendar days. Temporary disability leave in excess of 365 days will be provided subject to current State regulations. Thereafter, the regular temporary disability Workers' Compensation rate will apply.

C. Modified Light Duty Work Programs. An employee may be eligible for a temporary modified light duty assignment while recovering from an injury or illness. The availability of the assignment depends on the restrictive nature of the injury or illness and the availability of light duty. This assignment is subject to approval of the Human Resources Director and Police Chief.

D. Course of Employment . Should it be determined by the employee's doctor, or an agreed doctor by both parties, or an Administrative Law Judge through the Workers ’ Compensation Appeals Board that an employee's illness or injury did not arise in the course of the employee's employment with the City or that the employee is not temporarily or permanently incapacitated or disabled as a result of the injury or illn ess, then the employee's accrued, or if insufficient, future sick leave shall be charged to reimburse the City for any payments made to the employee pursuant to above.

E. Physician Pre-Designation. Before a work -related injury, an employee may elect to pre - designate a qualified medical provider if done in accordance with the State of California’s 436
23 Division of Workers' Compensation. Pre-designation regulations include but are not limited to the following criteria:

1) The physician has a previous history of directing the medical treatment of the employee;

2) The physician retains the medical records and history of the employee; and

3) The physician agrees to treat work -related injuries or illnesses in accordance with the regulations.

F. Fringe Benefits. The City will continue to provide vacation, sick leave, insurance, and other fringe benefits for employees who are receiving benefits pursuant to Labor Code Section 4850 or an accepted workers' compensation claim. Any fringe benefits not paid by the City pending the determination of whether an injury/illness is job-related shall be paid retroactively if the injury/illness is subsequently determined to be job-related. In such instances the employee shall be reimbursed for any benefit or premium payments made by the employee prior to the job-related determination being finalized.

G. Industrial Disability Retirement. An employee granted an industrial disability retirement shall be entitled to participate in the Sick Leave Payment Program set forth in Section 4G of this Article.

SECTION 7. BEREAVEMENT LEAVE. Bereavement Leave may only be used upon the death or critical illness where a death appears to be imminent, of a member of the employee's immediate family. "Immediate family" as defined for the purposes of this Section shall be limited to: 1) Any relation by blood, marriage or adoption, who is a member of the employee's household; or 2) Any parent, substitute parent, parent -in-law, grand parent, aunt, uncle, spouse, child, brother, sister, registered domestic partner, the employee's , spouse’s or registered domestic partner's child, grandchild, parent, substitute parent, grandparent, sibling, aunt, or uncle of the employee, regardless of residence.

Regular full -time employees shall be entitled to take up to three (3) working days of paid City bereavement leave per incident. An additional two (2) days of leave may be taken from existing leave accruals, for a maximum of five (5) days total per incident. Bereavement leave shall not accrue and may not be carried forward into the next calendar year if not used. An employee on bereavement leave shall inform the immediate supervisor of the fact and the reasons as soon as possible. Failure to inform the immediate supervisor within a reasonable period of time, may be cause for denial of bereavement leave with pay for the period of absence. The City may require proof of the relationship as a condition of payment of bereavement leave. Employees wishing to take additional time off for bereavement may do so, so long as time is charged to the employee's accumulated vacation or accumulated compensatory time off account, with approval of the Police Chief, or a duly authorized designee.

ARTICLE XVII

PART-TIME EMPLOYEE BENEFITS

Part-time employees who are scheduled in the budget to work an average of at least twenty (20) hours per week on a year-round basis will be entitled to pro-rated fringe benefits.

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24 ARTICLE XVIII

HEALTH BENEFITS

SECTION 1. HEALTH INSURANCE. The City contracts with CalPERS to make available those health insurance benefits provided under the Public Employees' Medical and Hospital Care Act (PEMHCA).

A. Flexible Benefits Plan. The City shall provide a Section 125 Flexible Benefits Plan for active full-time and part-time eligible employees and pay the following monthly amounts to provide funds for optional health plans, dental plans, vision plans, health care reimbursement, dependent care, or cash as established by the Internal Revenue Service. The following amounts include the minimum amount required under PEMHCA, which is $151.00 per month ($157.00 for 2024) and shall be adjusted annually each January 1 st to the amount set by the CalPERS Board of Administration.

Effective Date Single 2-Party Family
January 1, 2023 $1,401.00 $1,895.00 $1,895.00
January 1, 2024 $1,426.00 $1,620.00 $1,970.00
January 1, 2025 $1,451.00 $1,670.00 $2,045.00
January 1, 2026 $1,476.00 $1,720.00 $2,120.00

B. Any premium amount in excess of the amounts designated in Section A above necessary to maintain benefits under any benefits plans selected by the employee shall be borne by the employee.

C. No employee of the City or their covered dependents may be simultaneously enrolled under two or more CalPERS health insurance plans at the same time.

D. Waiver. An employee may choose to not be enrolled in the Health Benefits Plan. If an employee chooses not to be enrolled in a health plan, the employee must provide proof of group medical insurance coverage (e.g., coverage under a spouse’s employer’s plan) that is compliant with the Affordable Care Act (ACA), as determined by the Hum an Resources Department. Based upon determination that group medical insurance coverage is in full force and effect, eligible employees hired prior to March 29, 2020 shall receive $1,295.00 per month. Employees hired on or after March 29, 2020 who elect to waive medical insurance shall receive $400.00 per month.

E. If the employee and spouse are both covered by this MOU, the employee who chooses not to enroll shall receive the amount above noted as "If Waiving City Insurance" towards the Flexible Benefits Plan. In the event that the employee loses eligibility (with documentation), then the employee shall enroll in the PERS Health Benefits Plan pursuant to the PERS Health Benefits Plan.

F. In the event an employee covered under this MOU is killed in the line of duty, the City shall 438
25 make the premium contributions specified in Section 1 A above, Flexible Benefits Plan for up to five (5) years to any eligible dependent. Premium amounts in excess of the City's contribution shall be borne by the eligible dependent. Once a dependent becomes eligible for insurance coverage under another health plan, eligibility for coverage under this section shall cease. The Police Chief and Human Resources Director shall determine whether the employee's death qualifies as "killed in the line of duty”.

G. In the event an employee covered under this MOU dies for reasons other than the result of being killed in the line of duty, the City shall make the premium contributions specified in Section 1A Flexible Benefits Plan listed above for up to one (1) year to any eligible dependent.

This benefit shall be prorated based upon the employee's years of service:

Years of Service Percent of Premium Contribution Paid by City 0 - 10 years of service 50% of premium contribution
11 - 15 years of service 75% of premium contribution
15+ years of service 100% of premium contribution

H. Premium amounts in excess of the City's contribution shall be borne by the eligible dependent. Once a dependent becomes eligible for insurance coverage under another health plan, eligibility for coverage under this Section shall cease.

I. Retired Annuitant Contribution. The City shall contribute toward the payment of premiums under the CalPERS Health Benefits Plan to each eligible retire d annuitant of CalPERS to the extent required by law, a contribution of $ 151.00 per month ($ 157.00 for 202 4). This contribution shall be adjusted annually on January 1st to the amount set by the CalPERS Board of Administration.

SECTION 2. A long-term disability insurance plan shall be selected by the Association and shall be open to all employees set forth in Article I Section 1. If, during the term of this MOU, the Association desires to change the carrier or the method of funding, then the City shall be given sixty (60) days prior written notice of such intent.

SECTION 3. The City shall contribute the full premium towards a $50,000.00 life insurance benefit.

The City shall have the right to change life insurance carriers and administer the life insurance benefits provided herein.

SECTION 4. RETIREE MEDICAL TRUST. On July 1, 2000, the Association established and created the "Premium Reimbursement Plan of the City of Orange Police Association Employee Benefit Trust." The plan was voted on and approved by a majority of the members of the Association. This Trust is governed by the Trust Agreement and Premium Reimbursement Plan documents. The purpose of the Trust Fund is to provide an entity to which contributions from participating employees can be paid and through which the elected or appointed Truste es can create and administer one or more employe e welfare benefit plans for the participating employees on whose behalf the contributions have been paid and their beneficiaries. These benefits will be paid to the employees by the Trust as set forth in the Trust Agreement and Premium Reimbursement Plan.

Further, in accordance with Internal Revenue Code Section 501c and a majority vote of the Association 439
26 membership, all full-time employees shall contribute to the plan. As of the date of this MOU, the City does not contribute any funds to the plan, but has agreed to withhold a pre -tax amount from each employee's paycheck, an amount which is set in accordance with the by-laws of the Benefit Trust. The City then pays these deductions to the Trust as soon as practical. This amount may change according to the rules and guidelines set forth in the Trust Agreement and Reimbursement Plan. Responsibility for the maintenance and investment of the Trust funds rests solely with the Trust's Board of Trustees and the Association.

ARTICLE XIX

RETIREMENT

SECTION 1. The City participates in the California Public Employees’ Retirement System (CalPERS).

This participation shall include, but is not limited to, the following retirement benefits:

A. Safety Retirement Formula – New Members. Safety employees who are New Members of CalPERS as defined by California Government Code Section 7522.04(f) are subject to the 2.7% @ age 57 retirement formula as set forth in California Government Code Section 7522.25(d). These New Members are subject to the three (3) year final compensation measurement period set forth in California Government Code Section 7522.32. These New Members shall contribute fifty percent of normal cost of retirement as determined by CalPERS from their pensionable compensation, on a pre-tax basis, as set forth in California Government Code Section 7522.30(c). In all other respects, New Members shall be subject to the terms and requirements of Public Employees’ Pension Reform Act (PEPRA).

B. Safety Retirement Formula – Classic Members. Safety employees who are not defined as New Members as outlined in Section A above are defined as Classic Members of CalPERS and are subject to the 3% @ age 50 retirement formula as set forth in Section 21362.2 of the California Government Code. These C lassic Members are subject to the one (1) year final compensation measurement period as set forth in California Government Code Section 20042. These Classic Members shall contribute twelve percent ( 12.0%) of their compensation earnable as member contributions, on a pre-tax basis.

C. Miscellaneous Retirement Formula – New Members. Miscellaneous employees who are New Members of CalPERS as defined by California Government Code Section 7522.04(f) are subject to the 2% @ age 62 retirement formula as set forth in California Government Code Section 7522.20.

These New Members are subjec t to the three (3) year final compensation measurement period as set forth in California Government Code Section 7522.32. These New Members shall contribute half of normal cost of retirement as determined by CalPERS from their pensionable compensation, on a pre-tax basis, as set forth in California Government Code Section 7522.30. In all other respects, New Members shall be subject to the terms and requirements of PEPRA.

D. Miscellaneous Retirement Formula – Classic Members. Miscellaneous employees who not defined as New Members as outlined in Section C above are defined as Classic Members of CalPERS and are subject to the 2.7% @ age 55 retirement formula as set forth in Section 21354.5 of the California Government Code. Th ese Classic Members are subject to the one (1) year final compensation measurement period set forth in California Government Code Section 20042. These 440
27 Classic Members shall contribute eight percent (8.0%) of their compensation earnable as member contributions, on a pre-tax basis.

SECTION 2. CALPERS 1959 SURVIVOR BENEFIT. The City provides the 1959 CalPERS Survivor Benefit at the Fourth Level Option (California Government Code Section 21574) for all covered employees. Employees shall pay their $2.00 monthly contribution through payroll deduction. The City shall pay the employer portion subject to the following limit: $6.00 per month. Employees shall pay any portion of the employer portion that exceeds $6.00 monthly.

SECTION 3. OTHER CALPERS OPTIONAL CONTRACT PROVISIONS.

BENEFIT BENEFIT
LEVEL

APPLICABLE

GOVERNMENT CODE

SECTION(S)
Post-Retirement Survivor Allowance Standard 21624 and 21626 Military Service Credit as Public Service Standard 21024 Military Service Credit for Retired Persons Standard 21027 Cost-of-Living Adjustment Standard (2.0%) 21329

ARTICLE XX

SAFETY AND HEALTH FITNESS

SECTION 1. The City and its employees agree to comply with all applicable Federal, State, and Local laws as well as any City policies, which relate to health and safety. In addition, the City and the Association agree to actively pursue the continuation of safe working procedures and environments.

SECTION 2. HEALTH FITNESS STANDARDS. In an effort to improve and maintain the physical and mental wellbeing of all sworn employees, and to reduce the frequency and intensity of work-related injuries and illness, the Association and the City agree to the following:

A. Smoking and Vaping.

1) As a condition of employment, employees shall refrain from smoking and vaping while on duty.

2) Employees will be encouraged but not required to become non -smokers. Employees will be provided with information, training, and/or other assistance as necessary to assist in such effort.

3) Designated smoking/non-smoking areas will be established in Police Department buildings and facilities.

B. Drug and Alcohol Program. The Association agrees to support the City-wide drug and alcohol policy for all employees and will continue to enforce all Orange Police Department policies regarding drug and alcohol use for sworn employees, subject to any legal restrictions imposed 441
28 by Federal or State laws.

ARTICLE XXI

TRAVEL EXPENSE ALLOWED

The City will provide reimbursement for employees who use a personal vehicle for City business, at the maximum rate per mile provided under the current IRS guidelines. In addition, when an employee is required to remain at an out -of-town location for an entire day, the City will provide the employee with their own hotel room so that the employee will not be required to share a hotel room with another individual.

ARTICLE XXII

EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITY

SECTION 1. ASSOCIATION DUES DEDUCTIONS. The City shall deduct dues, on a regular basis, from the pay of all employees recognized to be represented by the Association, who voluntarily authorize such deduction, in writing, on a form to be provided for this purpose which is mutually agreed to by the Association and the City. The City shall remit such funds to the Association within ten (10) days following their deduction.

SECTION 2. INDEMNIFICATION. The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions, or lawsuits arising out of the deductions or transmittal of such funds to the Association, except the intentional failure of the City to transmit, to the Association, moneys deducted from the employees pursuant to this Article.

SECTION 3. ASSOCIATION RELEASE TIME. Upon notice to the City, and approval of the Police Chief, or a duly authorized designee, the Association President or designated members of the Association shall be granted leave from work to attend to Association related training, seminars, or other lawful association related business. The Police Chief, or a duly authorized designee, is authorized to grant up to a total of 180 hours off with pay per fiscal year for the Association President or designated members (not 180 hours per member) for conducting Association related business. Release time shall be approved by the Police Chief and shall not be unreasonably withheld. The Association President or designated members shall be responsible for notifying a supervisor when release time is taken . Any unused hours provided by the City shall be rolled over from one fiscal year to the next, provided that the total shall not exceed 360 hours. The Association shal l track the use of this benefit within the employee’s timesheet and departmental timekeeping system.

ARTICLE XXIII

LAYOFF PROCEDURES

SECTION 1. P URPOSE. The purpose of this Article is to establish and communicate the City's procedures when a layoff or reduction in force is necessary. All Divisions or assignments within the Department are subject to layoffs or reductions in force at the direction of the City Manager. 442
29 SECTION 2. POLICY. The City retains the right to abolish any position, reduce the work force and layoff employees when it becomes necessary due to economic conditions, organizational changes, lack of work, or because the necessity of a position no longer exists. The following criteria shall be followed during a layoff or reduction in force.

SECTION 3. PROCEDURE.

A. The order of layoff or reduction in force within the Department and by classification shall be in the following order.

1) Temporary employees (19 hours or less);

2) Probationary employees;

3) Regular part-time employees;

4) Regular full-time employees.

B. The order of layoffs and reductions in force shall be based on Department seniority within the classification as calculated by the Human Resources Director.

C. Whenever an employee is to be laid off, the employee may transfer or demote to a vacant position in a lower classification that the employee previously held within the Police Department. The employee may also transfer or demote to a vacant position in any other Department provided that:

1) The position is the same or lower classification;

2) The position is authorized, budgeted and the City intends to fill the vacancy;

3) The employee meets the qualification of the new position.

D. Whenever an employee is to be laid off, the employee may transfer or demote to a filled position in a lower classification within the Police Department provided that he:

1) Previously held or supervised a position in the lower classification;

2) Meets or can reasonably meet the qualifications for the new position as determined by the Human Resources Director;

3) Possesses greater seniority with the Police Department to displace an employee in the lower classification;

4) Requests the demotion in writing within seven (7) days of receiving the layoff notice;

5) Such demotions or transfers shall be from classification to classification without regard for previously held special assignments. Employees have no right to assume a previously held special assignment;
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30 6) Management employees who demote or transfer to a lower classification may not displace another employee in a special assignment unless that employee is laid off due to the order of layoff as established per Section 3A.

E. Employees from other Departments may not fill vacancies in the Police Department unless all qualified Police employees have refused to accept the vacant position. Employees from other Departments may not displace Police Employees.

F. Employees to be laid off shall be provided written notice at least seven (7) days in advance of the layoff. Notice will be hand delivered to the employee whenever possible. If personal delivery is not possible, the notice must be sent by certified mail to the last known address of the employee.

G. Regular employees who are laid off shall be placed on a re -employment list for the last classification held. Names shall be placed on the list in inverse order of seniority (last released-first re-hired). Vacancies to be filled will be offered first to employees on the re-hire list.

Other hiring departments must give priority consideration to those employees who appear on a re-hire list for the same or similar classification. Ineligible employees are not selected for re-hire, the reason for non-selection must be approved by the Human Resources Director.

Employees re-hired by the Police Department must first meet all State and Local requirements for the position. Such requirements include, but are not limited to: POST certification, background investigation, psychological evaluation, and medical clearance.

Names of qualified individuals shall remain on the re -hire list for two (2) years. Individuals who refuse to accept a re-hire or who do not respond within seven (7) days to a written notice that has been sent to their last known address shall be removed from the re -hire list. It is the employee's responsibility to provide the Human Resources Department with a current mailing address. Once re-hired, the employee will be removed from all re-hire lists.

ARTICLE XXIV

CITY MANAGEMENT RIGHTS

SECTION 1 . The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of Management, as they are not abridged by this MOU or by law, shall include, but not be limited to, the following:

A. To manage the City generally and to determine issues of policy;

B. To determine the existence or non-existence of facts which are the basis of the Management decision;
444
31 C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services;

D. To determine the nature, manner, means, and technology, and extent of services to be provided to the public;

E. To determine methods of financing;

F. To determine types of equipment or technology to be used;

G. To determine and/or change the facilities, methods, technology, means, and size of the work force by which the City operations are to be conducted;

H. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions;

I. To assign work to employees in accordance with requirements as determined by the City;

J. To relieve employees from duties for lack of work or similar non-disciplinary reasons;

K. To establish and modify productivity and performance programs and standards;

L. To discharge, suspend, demote, or otherwise discipline employees for just cause in accordance with the provisions of procedures set forth in Departmental Disciplinary Procedure;

M. To determine job classifications and to reclassify employees;

N. To hire, transfer, promote, and demote employees for non-disciplinary reasons in accordance with this MOU;

O. To determine policies, procedures, and standards for selection, training, and promotion of employees;

P. To establish employee performance standards including , but not limited to, quality and quantity standards; and to require compliance therewith;

Q. To maintain order and efficiency in its facilities and operations;

R. To establish, modify, and promulgate reasonable rules and regulations, which are not in contravention with this MOU to maintain order and safety in the City;

S. To take any and all necessary action to carry out the mission of the City in emergencies.

SECTION 2. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer 445
32 in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding.

ARTICLE XXV

NO STRIKE

PROHIBITED CONDUCT

SECTION 1. The Association, its officers, agents, representatives, and/or covered employees agree that during the term of this MOU, they will not cause or condone any unlawful strike, walkout, slowdown, sick-out, or any other unlawful job action by withholding or refusing to perform services.

SECTION 2. Any employee who participates in any conduct prohibited in Section 1 above shall be subject to termination by the City in accordance with the procedures set forth in applicable State laws and the Orange Police Department Policy Manual.

SECTION 3. In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all responsibilities listed below in Section 1, Association Responsibility, the City may suspend any and all of the rights, privileges, accorded to the Association under the Employer -Employee Relations Resolution in this MOU, including but not limited to suspension of the Grievance Procedure and dues deduction.

ASSOCIATION RESPONSIBILITY

SECTION 4. In the event that the Association, its officers, agents, representatives, or covered employees engage in any of the conduct prohibited in Section 1 above, Prohibited Conduct, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and unlawful, and they must immediately cease engaging in conduct prohibited in Section 1 above, Prohibited Conduct, and return to work.

SECTION 5. The City agrees to hold the Association harmless and indemnify the Association against any claims, causes of actions, or lawsuits arising out of damages related to prohibited conduct in Section 1 above, Prohibited Conduct, when the Association, in good faith, performs its responsibilities under Section 1 above, Association Responsibility.

ARTICLE XXVI

GRIEVANCE PROCEDURE

SECTION 1. DEFINITION OF GRIEVANCE. A grievance shall be defined as a complaint by a current employee or group of current employees or the Association concerning the interpretation or application of specific provisions of this MOU, or of the Rules and Regulations governing personnel practices or working conditions of the City. No employee shall suffer any reprisal because of filing or processing of a grievance or participating in the Grievance Procedure. 446
33 SECTION 2. TIME LIMIT FOR FILING WRITTEN FORMAL GRIEVANCES . The time limits for filing written formal grievances shall be strictly construed, but may be extended by mutual agreement evidenced, in writing, and signed by a duly authorized designee of the City and of the grieving party.

Failure of the grieving party to knowingly fail to comply with any of the time limits set forth herein shall bar further processing of the grievance. Failure of the City to comply with the time limits set forth in this Article shall automatically move the grievance to the next level in the Grievance Procedure. The grieving party may request the assistance of the Association in presenting a grievance at any level of review or may represent them self. Grievances shall be presented on City time.

SECTION 3. INFORMAL PROCESS. An employee must first attempt to resolve the grievance on an informal basis by discussion with an immediate supervisor without undue delay, or in no case, more than fifteen (15) calendar days of discovery of the act or omission giving rise to the grievance.

Every effort shall be made to find an acceptable solution to the grievance by these informal means at the most immediate level of supervision. At no time may the informal process go beyond the Police Chief. In order that this informal procedure may be responsive, all parties involved shall expedite this process. When, within fifteen (15) calendar days, a mutually acceptable solution has not been reached at the informal level, the employee shall submit the grievance in writing, on a Grievance form, to be mutually agreed to by the City and the Association, to the Police Chief. The grievant is to state the remedy requested to resolve the grievance. At this point, the grievance hearing process becomes formal. Should the grievant fail to file a written grievance within fifteen (15) calendar days, as outlined under Section 4, the grievance shall be barred and waived.

SECTION 4. FORMAL PROCESS, HUMAN RESOURCES DIRECTOR, POLICE CHIEF. If the grievance is not resolved through the informal process, and a written grievance is filed within the time limits set forth above, the grievant shall discuss the grievance with the Human Resources Director and the Police Chief . The Human Resources Director and the Police Chief shall render a decision and comments, in writing, regarding the merits of the grievance and return them to the grievant within fifteen (15) calendar days after receiving the grievance.

SECTION 5. FORMAL PROCESS, CITY MANAGER. If the grievance is not resolved in Section 4 above, or if no answer has been received from the Human Resources Director and Police Chief within fifteen (15) calendar days from the presentation of the written grievance to the Human Resources Director and the Police Chief, the written grievance shall be presented to the City Manager, or a duly authorized designee, for determination. Failure of the grievant to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the last Management grievance response. The City Manager, or a duly authorized designee, shall render a final decision on the merits of the grievance and comments, in writing, and return them to the grievant within fifteen (15) calendar days after receiving the grievance. After this procedure is exhausted, the grievant, the Association, and the City shall have all rights and remedies to pursue said grievance under the law.

ARTICLE XXVII

DISCIPLINARY APPEALS PROCEDURE

Upon the exhaustion of the administrative process in Department Policy #1012, an eligible individual 447
34 may request a full and fair evidentiary appeal hearing conducted by a Hearing Officer. This request must be in writing and addressed to the Police Chief and received within seven (7) days of the effective date of discipline. Failure to timely file an appeal shall be deemed a waiver of any further hearing or appeal, except as provided by law.

If the parties cannot mutually agree on the Hearing Officer, the parties shall procure a list of seven (7) qualified Hearing Officers from the State Mediation and Conciliation Service . Each party shall alternatively strike one (1) name from the list until only one (1) person remains, who shall be the Hearing Officer. The determination as to which party strikes first shall be made on a random basis.

The Hearing Officer shall determine whether good cause exists for the imposition of discipline and, if so, the appropriate degree of discipline, provided that the Hearing Officer may not impose more severe discipline than that assessed by the Police Depart ment. The decision of the hearing officer is subject to the right of either party to seek judicial review pursuant to Section 1094.5 of the California Code of Civil Procedure. The cost of the Hearing Officer shall be paid by the City.

ARTICLE XXVIII

MISCELLANEOUS

SECTION 1. PURGING OF DISCIPLINE DOCUMENTATION. An employee may request to purge documentation of discipline older than five (5) years from the date of the discipline from the department file, including the employee performance evaluations which refer to the discipline being purged .

Portions of a performance evaluation relating to disciplinary action may be deleted solely at the discretion of the Police Chief. The Police Chief reserves the right to retain or purge documents requested by an employee under this section. Copies of any discipline forwarded and retained in the Human Resources Department will remain in the employee's personnel file, however, if the discipline documentation meets the five (5) years criteria, the employee may request to have the purged documents placed in a sealed envelope within the personnel file. This action must be approved by the Human Resources Director To the extent this purging provision is inconsistent with mandates in Federal or State laws, the provisions of such laws will take precedence.

SECTION 2. DIRECT DEPOSIT. City employees are required to participate in the City’s direct paycheck deposit program.

ARTICLE XXIX

RESIDENCY REQUIREMENT

All employees hired after June 25, 2023 by the Orange Police Department shall be a permanent and full- time resident of the State of California and reside no further than one hundred (100) road miles from Police Headquarters. This presumes that a substantial portion of that distance will be traveled at freeway speed and that employees can report to Police Headquarters within ninety (90) minutes of the request for call back. Employees hired before June 25, 2023, with continuous City of Orange employment (with no break in service) are exempt.

448
35 ARTICLE XXX

EFFECT OF MEMORANDUM OF UNDERSTANDING ON CONFLICTING AGREEMENTS

It is the intent of the parties hereto that should any provision of this MOU conflict with any prior agreement between the parties, oral or written, express or implied, relating to the subject matter hereof, the provisions of this MOU shall control. This MOU is not intended to conflict with Federal or St ate law.

ARTICLE XXXI

WAIVER OF BARGAINING DURING TERM OF MEMORANDUM OF UNDERSTANDING

During the term of this MOU, the parties mutually agree that they will not seek to change, negotiate, or bargain with regard to wages, hours, benefits, and terms and conditions of employment, whether or not covered by the MOU or in the negotiations leading thereto, and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this MOU. Regardless of the waiver contained in this Article, the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this MOU.

ARTICLE XXXII

EMERGENCY WAIVER

In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of the MOU or the Personnel Rules or Resolutions of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, this MOU will be reinstated immediately. The Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of the provisions in the MOU during the course of the emergency.

ARTICLE XXXIII

LIMITED REOPENER

The City can reopen Article III (Salaries) and/or Article XII Section 3 (Vacation Conversion) of the MOU for negotiations during the 2023/2024 or 2024/2025 fiscal years through a limited reopener subject to the requirements set forth in this Article. In order for the City to invoke this limited reopener:

1) There must be a fiscal year -over-year (from 2021/2022 to 2022/2023, or, from 2022/2023 to 449
36 2023/2024) decrease in net sales tax revenue received by the City greater than 10.0%, and;

2) The City must provide written notice of its request and intent to reopen MOU negotiations for this limited purpose to the Association during the following dates: December 15, 2023 through January 15, 2024, or, December 15, 2024 through January 15, 2025.

Upon receipt of such timely request, the parties agree to meet and confer in good faith on the Article(s) requested for reopening. Any changes to the MOU arising out of this limited reopener shall be by mutual written agreement. It is the expressed intent of the parties that the language pertaining to this limited reopener is included in the current MOU only and expires June 30, 2026. Any inclusion of a like or similar Article in future MOUs will be subject to the meet and confer process.

ARTICLE XXXIV

MEMORANDUM OF UNDERSTANDING TERMS SEVERABLE

Should any provision of this MOU be found to be inoperative, void, or invalid by a court of competent jurisdiction, or by enactment of Federal or State legislation, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU.

ARTICLE XXXV

TERM OF MEMORANDUM OF UNDERSTANDING

SECTION 1. The term of this MOU shall commence on July 1, 2023 and shall continue in full force and effect until June 30, 2026.

ARTICLE XXXVI

RATIFICATION AND EXECUTION

The City and the Association have reached an understanding as to certain recommendations to be made to the City Council for the City and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and the Association acknowledge that this MOU shall not be in full force and effect until adopted by the City Council of the City of Orange. Subject to the foregoing, this MOU is hereby executed by the authorized representatives of the City and the Association and entered into this 9th day of January, 2024.

REST OF PAGE LEFT BLANK INTENTIONALLY.

450
37 City of Orange City of Orange Police Association

Dated: Dated:

By: By:

Monica Espinoza, Human Resources Director Augusto C. Rocha, President

By: By:

Cody Kleen, Human Resources Manager Thomas Lockwood, Vice President

By: By:

Robert Moya, Senior Administrative Analyst Colten Ivans, Treasurer

By:

Susan Patino, Secretary
APPROVED AS TO FORM:

By: ________________________________________
Nathalie Adourian, Senior Assistant City Attorney

451
38 APPENDIX A

CITY OF ORANGE POLICE ASSOCIATION

MONTHLY SALARY RANGES

EFFECTIVE JUNE 19, 2022

4.0% Increase for Non-Sworn Classifications

4.0% Increase for Sworn Classifications

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
STEP
G
Civilian Investigative Officer 527P 4940 5192 5457 5735 6028 6335 6588 Court Liaison Officer 517P 4700 4939 5191 5456 5734 6027 6268 Crime Prevention Specialist 535P 5141 5403 5679 5969 6273 6593 6856 Forensic Services Specialist 527P 4940 5192 5457 5735 6028 6335 6588 Homeless Outreach Specialist 523P 4842 5089 5349 5622 5908 6210 6458 Parking Control Officer II 494P 4191 4404 4629 4865 5112 5374 5588 Police Administrative Assistant 507P 4471 4699 4939 5191 5455 5734 5963 Police Armorer 507P 4471 4699 4939 5191 5455 5734 5963 Police Clerk 486P 4026 4232 4448 4674 4913 5163 5370 Police Code Enforcement Officer 560P 5824 6121 6433 6761 7106 7468 7767 Police Dispatch Shift Supervisor 564P 5941 6244 6563 6897 7249 7619 7924 Police Dispatcher 546P 5431 5708 5999 6305 6627 6965 7243 Police Jailer 507P 4471 4699 4939 5191 5455 5734 5963 Police Officer 603P 7217 7586 7971 8378 8806 9254 9625 Police Records Clerk 486P 4026 4232 4448 4674 4913 5163 5370 Police Records Shift Supervisor 546P 5431 5708 5999 6305 6627 6965 7243 Police Services Officer 507P 4471 4699 4939 5191 5455 5734 5963 Police Subpoenas & Warrants Specialist 507P 4471 4699 4939 5191 5455 5734 5963 Police Training Coordinator 517P 4700 4939 5191 5456 5734 6027 6268 Police Volunteer Coordinator 535P 5141 5403 5679 5969 6273 6593 6856 Property Officer 521P 4794 5039 5296 5566 5850 6148 6394 Senior Police Clerk 506P 4449 4675 4914 5165 5428 5705 5933

452
39 APPENDIX A (CONTINUED)

CITY OF ORANGE POLICE ASSOCIATION

MONTHLY SALARY RANGES

EFFECTIVE JUNE 18, 2023

3.0% Increase for Non-Sworn Classifications

5.0% Increase for Sworn Classifications

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
STEP
G
Civilian Investigative Officer 533P 5090 5350 5623 5909 6211 6527 6788 Court Liaison Officer 523P 4842 5089 5349 5622 5908 6210 6458 Crime Prevention Specialist 541P 5297 5568 5851 6150 6463 6793 7065 Forensic Services Specialist 533P 5090 5350 5623 5909 6211 6527 6788 Homeless Outreach Specialist 529P 4990 5244 5512 5793 6088 6399 6654 Parking Control Officer II 500P 4317 4538 4770 5013 5268 5537 5758 Police Administrative Assistant 513P 4606 4842 5089 5348 5621 5908 6144 Police Armorer 513P 4606 4842 5089 5348 5621 5908 6144
Police Clerk 492P 4149 4360 4582 4817 5062 5320 5533
Police Code Enforcement Officer 566P 6001 6307 6629 6966 7322 7695 8003 Police Dispatch Shift Supervisor 570P 6121 6434 6762 7107 7469 7850 8164 Police Dispatcher 552P 5596 5882 6181 6497 6828 7176 7463 Police Jailer 513P 4606 4842 5089 5348 5621 5908 6144
Police Officer 613P 7586 7974 8379 8807 9256 9727 10117 Police Records Clerk 492P 4149 4360 4582 4817 5062 5320 5533 Police Records Shift Supervisor 552P 5596 5882 6181 6497 6828 7176 7463 Police Services Officer 513P 4606 4842 5089 5348 5621 5908 6144 Police Subpoenas & Warrants Specialist 513P 4606 4842 5089 5348 5621 5908 6144 Police Training Coordinator 523P 4842 5089 5349 5622 5908 6210 6458 Police Volunteer Coordinator 541P 5297 5568 5851 6150 6463 6793 7065 Property Officer 527P 4940 5192 5457 5735 6028 6335 6588 Senior Police Clerk 512P 4583 4818 5063 5322 5594 5878 6113

453
40 APPENDIX A (CONTINUED)

CITY OF ORANGE POLICE ASSOCIATION

MONTHLY SALARY RANGES

EFFECTIVE JUNE 30, 2024

3.0% Increase for Non-Sworn Classifications

5.0% Increase for Sworn Classifications

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
STEP
G
Civilian Investigative Officer 539P 5245 5512 5794 6089 6400 6725 6995 Court Liaison Officer 529P 4990 5244 5512 5793 6088 6399 6654 Crime Prevention Specialist 547P 5458 5737 6029 6337 6660 7000 7279 Forensic Services Specialist 539P 5245 5512 5794 6089 6400 6725 6995 Homeless Outreach Specialist 535P 5141 5403 5679 5969 6273 6593 6856 Parking Control Officer II 506P 4449 4675 4914 5165 5428 5705 5933 Police Administrative Assistant 519P 4747 4989 5243 5510 5792 6087 6331 Police Armorer 519P 4747 4989 5243 5510 5792 6087 6331
Police Clerk 498P 4275 4493 4722 4963 5216 5482 5701
Police Code Enforcement Officer 572P 6183 6498 6830 7178 7544 7929 8246 Police Dispatch Shift Supervisor 576P 6308 6629 6968 7323 7696 8089 8412 Police Dispatcher 558P 5766 6060 6369 6694 7035 7394 7690 Police Jailer 519P 4747 4989 5243 5510 5792 6087 6331
Police Officer 623P 7974 8381 8807 9257 9730 10225 10634 Police Records Clerk 498P 4275 4493 4722 4963 5216 5482 5701 Police Records Shift Supervisor 558P 5766 6060 6369 6694 7035 7394 7690 Police Services Officer 519P 4747 4989 5243 5510 5792 6087 6331 Police Subpoenas & Warrants Specialist 519P 4747 4989 5243 5510 5792 6087 6331 Police Training Coordinator 529P 4990 5244 5512 5793 6088 6399 6654 Police Volunteer Coordinator 547P 5458 5737 6029 6337 6660 7000 7279 Property Officer 533P 5090 5350 5623 5909 6211 6527 6788 Senior Police Clerk 518P 4723 4964 5217 5483 5763 6057 6299

454
41 APPENDIX A (CONTINUED)

CITY OF ORANGE POLICE ASSOCIATION

MONTHLY SALARY RANGES

EFFECTIVE JUNE 29, 2025

3.0% Increase for Non-Sworn Classifications

2.0% Increase for Sworn Classifications

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
STEP
G
Civilian Investigative Officer 545P 5404 5680 5969 6274 6594 6930 7207 Court Liaison Officer 535P 5141 5403 5679 5969 6273 6593 6856 Crime Prevention Specialist 553P 5624 5911 6212 6529 6862 7212 7501 Forensic Services Specialist 545P 5404 5680 5969 6274 6594 6930 7207 Homeless Outreach Specialist 541P 5297 5568 5851 6150 6463 6793 7065 Parking Control Officer II 512P 4583 4818 5063 5322 5594 5878 6113 Police Administrative Assistant 525P 4891 5141 5403 5678 5968 6272 6523 Police Armorer 525P 4891 5141 5403 5678 5968 6272 6523
Police Clerk 504P 4405 4629 4865 5114 5374 5648 5874
Police Code Enforcement Officer 578P 6371 6696 7037 7396 7773 8170 8497 Police Dispatch Shift Supervisor 582P 6499 6831 7179 7545 7930 8335 8668 Police Dispatcher 564P 5941 6244 6563 6897 7249 7619 7924 Police Jailer 525P 4891 5141 5403 5678 5968 6272 6523
Police Officer 627P 8134 8550 8985 9443 9926 10431 10849 Police Records Clerk 504P 4405 4629 4865 5114 5374 5648 5874 Police Records Shift Supervisor 564P 5941 6244 6563 6897 7249 7619 7924 Police Services Officer 525P 4891 5141 5403 5678 5968 6272 6523 Police Subpoenas & Warrants Specialist 525P 4891 5141 5403 5678 5968 6272 6523 Police Training Coordinator 535P 5141 5403 5679 5969 6273 6593 6856 Police Volunteer Coordinator 553P 5624 5911 6212 6529 6862 7212 7501 Property Officer 539P 5245 5512 5794 6089 6400 6725 6995 Senior Police Clerk 524P 4867 5115 5376 5650 5938 6241 6490

455
Agenda Item
City Council
Item #: 3.15. 1/9/2024 File #: 24-0017
TO: Chair and Board Members of the Governing Board of the Successor Agency to the Orange Redevelopment Agency
THRU: Tom Kisela, City Manager
FROM: Trang Nguyen, Finance Director

1. SUBJECT
Recognized Obligation Payment Schedule for the fiscal period covering July 1, 2024, through June 30, 2025. Resolution No. SAORA-037.

2. SUMMARY
Approve the Recognized Obligation Payment Schedule (ROPS) 24-25 and related Administrative Budgets for the period covering July 1, 2024, through June 30, 2025, and authorize the transmittal of ROPS 24-25 to the Orange Countywide Oversight Board.

3. RECOMMENDED ACTION

1. Adopt Resolution No. SAORA-037. A Resolution of the Governing Board of the Successor Agency to the Orange Redevelopment Agency approving a Recognized Obligation Payment Schedule for the fiscal period covering July 1, 2024, through June 30, 2025, pursuant to Health and Safety Code Section 34177, and taking certain related actions.

2. Direct staff to transmit ROPS 24-25 and related Administrative Budgets to the Orange Countywide Oversight Board.

4. FISCAL IMPACT
The preparation and submittal of the ROPS 24-25 allows the Successor Agency to pay its enforceable obligations for the period from July 1, 2024 through June 30, 2025. Items listed on the ROPS 24-25 will be included in the City’sFiscal Year 24-25 Annual Budget. The ROPS 24-25 shall become operative after it is approved by the Orange Countywide Oversight Board and the State of California Department of Finance.

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

6. DISCUSSION AND BACKGROUND
With the dissolution of the Orange Redevelopment Agency (Agency) effective January 31, 2012, the City Council adopted Resolution No. 10625 authorizing the City to become the Successor Agency for the former redevelopment agency and enabling the City to fulfil the continued expenses of the Agency. A significant majority of Recognized Obligation Payment Schedule (ROPS) expenses are outstanding Agency bonds that are scheduled to be paid twice a year until they mature in the years City of Orange Printed on 1/4/2024Page 1 of 2
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456
Item #: 3.15. 1/9/2024 File #: 24-0017
outstanding Agency bonds that are scheduled to be paid twice a year until they mature in the years ranging from 2028 - 2036.

Assembly Bill 113 (AB 113) provided additional amendments to obligations and deadlines for redevelopment wind-down activities, including specific language in Health and Safety Code (HSC) Section 34177(o)(1) with regard to preparation and approval of Annual ROPS covering the period of July 1 to June 30. The Annual ROPS lists all legally binding and enforceable agreements or contracts of the former Agency for each fiscal-year period, including those necessary for the continued administration of the Successor Agency to wind down the former Agency.

The State Department of Finance (DOF) requires submission of the Annual ROPS through the web- based application called the Redevelopment Agency Dissolution Web Application (RAD), first established in 2013. This Annual ROPS covers the period July 1, 2024 to June 30, 2025 (ROPS 24- 25). It is comprised of the following four forms:
1) Summary Report: This form summarizes funding totals carried forward from the ROPS Detail Form by funding source and reports the Current Period Funding for Enforceable Obligations of ROPS 24-25A and 24-25B in separate columns; 2) ROPS Detail Form: This form lists the Agency’s outstanding obligations, debts, and payments due for ROPS A and B separately by fund source; 3) Report of Cash Balances Form: This form requires the Successor Agency to report all cash balances for each funding source in accordance with HSC section 34177(l), and; 4) Notes Form: The completion of this form is optional and available to the Successor Agency to provide additional information associated with the ROPS Detail Form.

Overview of ROPS 24-25
Following the RAD process for ROPS 24-25, the estimated Redevelopment Property Tax Trust Fund (RPTTF) to be disbursed is $2,364,155 subject to approval of the Orange Countywide Oversight Board and the DOF.

Proposed ROPS 23-
24 Amount Requested Administrative
Budget
Estimated RPTTF
Disbursement
Amount
RPTTF $2,309,155 $55,000 $2,364,155
Along with preparing the Annual ROPS, the Successor Agency is required to prepare administrative budgets for the six-month fiscal periods from July 1, 2024 through December 31, 2024 and from January 1, 2025 through June 30, 2025. The proposed Administrative Budgets shall include estimated amounts for the Successor Agency

7. ATTACHMENTS
· Resolution No. SAORA-037
City of Orange Printed on 1/4/2024Page 2 of 2
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457
Agenda Item
City Council
Item #: 3.15. 1/9/2024 File #: 24-0017
TO: Chair and Board Members of the Governing Board of the Successor Agency to the Orange Redevelopment Agency
THRU: Tom Kisela, City Manager
FROM: Trang Nguyen, Finance Director

1. SUBJECT
Recognized Obligation Payment Schedule for the fiscal period covering July 1, 2024, through June 30, 2025. Resolution No. SAORA-037.

3. RECOMMENDED ACTION

2. Direct staff to transmit ROPS 24-25 and related Administrative Budgets to the Orange Countywide Oversight Board of the Successor Agency to the Orange Redevelopment Agency.

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

6. DISCUSSION AND BACKGROUND
With the dissolution of the Orange Redevelopment Agency (Agency) effective January 31, 2012, the City Council adopted Resolution No. 10625 authorizing the City to become the Successor Agency for the former redevelopment agency and enabling the City to fulfil the continued expenses of the Agency. A significant majority of Recognized Obligation Payment Schedule (ROPS) expenses are outstanding Agency bonds that are scheduled to be paid twice a year until they mature in the years City of Orange Printed on 1/3/2024Page 1 of 2
powered by Legistar™
458
Item #: 3.15. 1/9/2024 File #: 24-0017
outstanding Agency bonds that are scheduled to be paid twice a year until they mature in the years ranging from 2028 - 2036.

7. ATTACHMENTS
· Resolution No. SAORA-037
City of Orange Printed on 1/3/2024Page 2 of 2
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459
RESOLUTION NO. SAORA-037

A RESOLUTION OF THE GOVERNING BOARD OF

THE SUCCESSOR AGENCY TO THE ORANGE

REDEVELOPMENT AGENCY APPROVING A

RECOGNIZED OBLIGATION PAYMENT SCHEDULE
FOR THE FISCAL PERIOD FROM JULY 1, 20 24
THROUGH JUNE 30, 2025, PURSUANT TO HEALTH
AND SAFETY CODE SECTION 34177 AND TAKING

CERTAIN RELATED ACTIONS

WHEREAS, pursuant to Health and Safety Code Section 34177(o), the Successor Agency to the Orange Redevelopment Agency (the Successor Agency) must prepare a Recognized Obligation Payment Schedule listing the anticipated payments for enforceable obligations to be made by the Successor Agency during the fiscal period from July 1, 2024 through June 30, 2025 (ROPS 24-25) and submit ROPS 24-25 to the oversight board of the Successor Agency (the Oversight Board) for approval; and

WHEREAS, pursuant to Health and Safety Code Section 34177(1)(2)(B), at the same time that the Successor Agency submits ROPS 24-25 to the Oversight Board for approval, the Successor Agency must submit a copy of such ROPS 24- 25 to the State Department of Finance (the DOF), the County administrative officer, and the County Auditor-Controller; and

WHEREAS, pursuant to Health and Safety Code Section 34177(1)(2) and Section 34177 (o)(1), the Successor Agency must : (i) submit the Oversight Board- approved ROPS 24-25 to the DOF, the Office of the State Controller, and the County Auditor-Controller no later than February 1, 2024, and (ii) post a copy of the Oversight Board- approved ROPS 24 -25 on the Successor Agency’s website;

NOW, THEREFORE, BE IT RESOLVED that the Governing Board of the Successor Agency to the Orange Redevelopment Agency does hereby find, determine, resolve, and order as follows:

Section 1. The above recitals are true and correct and are a substantive part of this Resolution.

Section 2. ROPS 24-25, substantially in the form attached hereto as Exhibit A , is hereby approved. The Executive Director of the Successor Agency, in consultation with the Successor Agency’s legal counsel, may modify ROPS 24- 25 as the Executive Director or the Successor Agency’s legal counsel deems necessary or advisable.

Section 3. Staff is hereby authorized and directed to submit a copy of ROPS 24- 25 to the Oversight Board for approval and, at the same time, transmit a copy of ROPS 24- 25 to the DOF, the County Auditor -Controller and the County administrative officer as designat ed by the County.
460
RESO NO. SAORA-037 2

Section 4. Staff is hereby authorized and directed to submit a copy of Oversight Board- approved ROPS 24- 25 to the DOF, the Office of the State Controller, and the County Auditor - Controller. If the Oversight Board has not approved ROPS 24- 25 by February 1, 2024, Staff is hereby authorized and directed to transmit ROPS 24-25 to the DOF, the Office of the Stat e Controller, and the County Auditor -Controller by February 1, 2024, with a written notification regarding the status of the Oversight Board’s review. Written notice and information regarding the action of the Oversight Board shall be provided to the DOF by electronic means and in a manner of DOF’s choosing.

Section 5. Staff is hereby authorized and directed to post a copy of the Oversight Board-approved ROPS 2 4-25 on the Successor Agency’s Internet website (being a page on the Internet website of the City of Orange).

Section 6. The officers and other Staff members of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, includi ng but not limited to requesting additional review by the DOF and an opportunity to meet and confer on any disputed ite ms, and making adjustments to ROPS 24-25 pursuant to the DOF’s instructions, and any such actions previously taken are hereby ratified and confirmed.

PASSED AND ADOPTED this day of , 2024.

Daniel R. Slater, Chairperson

ATTEST:

Pamela Coleman, Agency Clerk

APPROVED AS TO FORM:

Mike Vigliotta, Agency Attorney

461
RESO NO. SAORA-037 3

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I hereby certify that the foregoing Resolution was duly and regularly adopted by Governing Board of the Successor Agency to the Orange Redevelopment Agency at a regular meeting thereof held on the day of , 2024 by the following vote:

AYES: BOARD MEMBERS:

NOES: BOARD MEMBERS:

ABSENT: BOARD MEMBERS:

ABSTAIN: BOARD MEMBERS:

Pamela Coleman, Agency Clerk

462

EXHIBIT A

SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY

RECOGNIZED OBLIGATION PAYMENT SCHEDULE
(July 1, 2024 – June 30, 2025)

463
Recognized Obligation Payment Schedule (ROPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period Successor Agency: Orange City
County: Orange
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
24-25A Total
(July -
December)
24-25B Total
(January -
June)
ROPS 24-25
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ - $ - B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 1,561,300 $ 802,855 $ 2,364,155 F RPTTF 1,533,800 775,355 2,309,155
G Administrative RPTTF 27,500 27,500 55,000
H Current Period Enforceable Obligations (A+E) $ 1,561,300 $ 802,855 $ 2,364,155 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
464
Orange City
Recognized Obligation Payment Schedule (ROPS 24-25) - ROPS Detail July 1, 2024 through June 30, 2025

A B C D E F G H I J K O P Q U V W
Item
# Project Name Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
24-25
Total
ROPS 24-25A (Jul -
Dec)
24-25A
Total
ROPS 24-25B
(Jan - Jun)
24-25B
Total Fund Sources Fund Sources
RPTTF Admin
RPTTF RPTTF Admin
RPTTF
$23,088,300 $2,364,155 $1,533,800 $27,500 $1,561,300 $775,355 $27,500 $802,855 4 2008 A&B
and 2014A
Bonds
Admin
Costs
05/22/
2012
09/01/2037 Richards,Watson
& Gershon
Bond counsel Orange
Merged
11,500 N $2,000 - 1,000 $1,000 - 1,000 $1,000
61 2008 Tax
Allocation
Bonds Series
B
Bonds
Issued
On or
Before
12/31/10
05/01/
2008
05/01/2038 US Bank To fund Orange Merged & Amended Orange Merged
2,300,000 N $641,655 328,800 - $328,800 312,855 - $312,855 70 Successor
Agency
Administrative
Costs
Admin
Costs
08/16/
1983
07/05/2039 various Costs for maintaining Successor Agency operations Orange Merged
250,000 N $38,100 - 19,050 $19,050 - 19,050 $19,050
128 2014 Tax
Allocation
Refunding
Bonds Series
A
Bonds
Issued
After 12/
31/10
12/04/
2014
09/01/2023 US Bank 2014 Bond Refunding of the 1997 Tax Allocation Parity Bonds, Series A and the 2003 Tax Allocation Refunding
Bonds, Series A. DOF approved Resolution No.

OB-0055 that authorized the bond refunding and
issuance.

Orange
Merged
- Y $- - - $- - - $-
130 2018 Tax
Allocation
Refunding
Bonds Series
A
Bonds
Issued
After 12/
31/10
07/12/
2018
09/01/2036 US Bank 2018 Bond Refunding of the 2008 Tax Allocation Bonds, Series A. DOF approved Resolution No. OB-0078 that
authorized the bond refunding and issuance.
20,375,000 N $1,667,500 1,205,000 - $1,205,000 462,500 - $462,500 131 2008B &
2018A Bonds
Admin
Costs
06/01/
1997
09/01/2036 US Bank Fiscal agent fees 80,400 N $6,500 - 3,250 $3,250 - 3,250 $3,250 132 2008B &
2018A Bonds
Admin
Costs
06/01/
1997
09/01/2036 Willdan Bonds disclosure/arbitrage fees 71,400 N $8,400 - 4,200 $4,200 - 4,200 $4,200 465
Orange City
Recognized Obligation Payment Schedule (ROPS 24-25) - Report of Cash Balances July 1, 2021 through June 30, 2022
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 21-22 Cash Balances
(07/01/21 - 06/30/22)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin

1 Beginning Available Cash Balance (Actual 07/01/21)
RPTTF amount should exclude "A" period distribution
amount.
2,494 4 631,420 4,916 - E1: ROPS 18-19 PPA $495,888; 19-20 PPA $135,532
2 Revenue/Income (Actual 06/30/22)
RPTTF amount should tie to the ROPS 21-22 total
distribution from the County Auditor-Controller
4 12 91,718 5,152,444 G2: ROPS 21-22 approved for distribution 3 Expenditures for ROPS 21-22 Enforceable Obligations
(Actual 06/30/22)
2 16 495,888 33,871 5,041,658 G3: E3 + G3 + G4 = $5,640,045 actual expense reported in PPA ; F3: Interest
received $18,376 + Loan Repayment $73,342
4 Retention of Available Cash Balance (Actual 06/30/22) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
143,818 8,286 102,500 G4: 2014A (3655000/2) 21-22B - (3480000/ 2)20-21 B ; 2008B (465000/2) 21-22B -
(435000/2) 20-21B
5 ROPS 21-22 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 21-22 PPA
form submitted to the CAC
No entry required 8,286 ROPS 21-22 PPA
6 Ending Actual Available Cash Balance (06/30/22)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$2,496 $- $(8,286) $54,477 $-
466
Orange City
Recognized Obligation Payment Schedule (ROPS 24-25) - Notes July 1, 2024 through June 30, 2025
Item # Notes/Comments
4 61
70 128
130
131
132
467
Agenda Item
City Council
Item #: 7.1. 1/9/2024 File #: 24-0007
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mike Vigliotta, City Attorney

1. SUBJECT
Establish lobbyist registration fee pursuant to Ordinance No. 14-23. Resolution No. 11517.

2. SUMMARY
On October 10, 2023, and November 28, 2023, the Orange City Council considered the first reading of Ordinance No. 14-23 which sought to create a lobbyist registration and reporting process. Included in the adopted ordinance is a registration and fee requirement for qualified lobbyist. This proposed resolution adopts the lobbyist registration fee cited in Ordinance No. 14-23, Section 2.13.030.

3. RECOMMENDED ACTION
Adopt Resolution No. 11517. A Resolution of the City Council of the City of Orange Amending the Master Schedule of Fees and Charges for various services and lobbyist registration.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 4: Provide Outstanding Public Services
d. Foster an environment of leadership, teamwork, and innovation.

6. DISCUSSION AND BACKGROUND
On October 10, 2023, the Orange City Council first considered the introduction of Ordinance No. 14- 23, creating the regulatory framework and requirements for lobbyist registration and reporting. At the same meeting, the Orange City Council expressed concerns with select ordinance provisions and created a City Council Ad-Hoc Committee with the intent of revising the draft ordinance for future City Council discussion. At the November 28, 2023, City Council meeting, the Ad-Hoc Committee’s revised ordinance was reviewed and approved for First Reading by the Orange City Council with the second reading and adoption occurring on December 12, 2023.

Included in the newly adopted ordinance is Section 2.13.030 - Registration and Annual Reporting Required. Under this section, any person/firm engaging in lobbyist activities (as defined in the ordinance) must register with the City Clerk on a per project basis and pay a registration fee to cover the cost to administer the program.

The City Clerk’soffice, in collaboration with the Human Resources Department and Payroll Division, City of Orange Printed on 1/4/2024Page 1 of 2
powered by Legistar™
468
Item #: 7.1. 1/9/2024 File #: 24-0007
The City Clerk’soffice, in collaboration with the Human Resources Department and Payroll Division, has calculated the fully burdened staff rate to be $190. This fee, in part, includes the cost to review the lobbyist registration forms, address any corrections, log the registration forms, and process the renewal forms. This amount represents the staff time (assuming two hours per lobbyist) and salary costs to administer the program only - it will not generate additional revenue for the City. The proposed fee is highlighted and included on page one (under City Clerk) of the Master Schedule of Fees.

Pursuant to California Government Code, unless adopted as an urgency ordinance, once an ordinance is approved upon second reading, the ordinance will go into effect 30 days thereafter. This means that Ordinance No. 14-23 will go into effect on January 12, 2024. By adopting Resolution 11517, the City will have adopted the final regulatory component to fully implement the new lobbyist registration program.

7. ATTACHMENTS
· Resolution No. 11517
City of Orange Printed on 1/4/2024Page 2 of 2
powered by Legistar™
469
Agenda Item
City Council
Item #: 7.1. 1/9/2024 File #: 24-0007
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mike Vigliotta, City Attorney

1. SUBJECT
Establish lobbyist registration fee pursuant to Ordinance No. 14-23. Resolution No. 11517.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 4: Provide Outstanding Public Services
d. Foster an environment of leadership, teamwork, and innovation.

The City Clerk’soffice, in collaboration with the Human Resources Department and Payroll Division, City of Orange Printed on 1/4/2024Page 1 of 2
powered by Legistar™
470
Item #: 7.1. 1/9/2024 File #: 24-0007
The City Clerk’soffice, in collaboration with the Human Resources Department and Payroll Division, has calculated the fully burdened staff rate to be $190. This fee, in part, includes the cost to review the lobbyist registration forms, address any corrections, log the registration forms, and process the renewal forms. This amount represents the staff time (assuming two hours per lobbyist) and salary costs to administer the program only - it will not generate additional revenue for the City. The proposed fee is highlighted and included on page one (under City Clerk) of the Master Schedule of Fees.

7. ATTACHMENTS
· Resolution No. 11517
City of Orange Printed on 1/4/2024Page 2 of 2
powered by Legistar™
471
RESOLUTION NO. 11517

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF ORANGE AMENDING

THE MASTER SCHEDULE OF FEES AND

CHARGES FOR VARIOUS SERVICES

AND LOBBYIST REGISTRATION

WHEREAS, pursuant to Chapter 3.10 of the Orange Municipal Code, the City Council has established and maintained a Master Schedule of Fees and Charges, consisting of fees and charges for various services provided by the City, as well as fees for lobbyist registration; and

WHEREAS, in accordance with Chapter 3.10 of the Orange Municipal Code, the Master Schedule of Fees and Charges has been periodically amended and revised from time to time by the City Council; and

WHEREAS, pursuant to Government Code Section 50076 the amount the City may charge for specified services cannot exceed the estimated reasonable cost of providing the service; and

WHEREAS, the fees and charges being recommended for change are as a result of the Orange City Council adopting Ordinance No. 14- 23 and thereby creating a lobbyist registration and reporting process.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows:

1. The Master Schedule of Fees and Charges is hereby amended and Attachment “A” to this Resolution is hereby adopted, modifying the Master Schedule of Fees and Charges to provide for the inclusion of the amounts of fees for those listed in Attachment “A.”

2. The City Council finds that the fees set forth in Attachment “A” do not exceed the reasonable cost of services provided by the City in connection with the services provided and that the fees for the rental of City facilities are set at a rate to reasonably ensure that the cost of the facilities and equipment rental is borne by those seeking to utilize such facilities and equipment.

3. The fees listed in Attachment “A” shall be effective January 12, 2024.

4. If the fees set forth in this Resolution or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect any other fee, charge, or rate, or application thereof, which can be implemented without the invalid fee, charge, or rate, or 472
2 application thereof, and to this end the fees, charges and rates of this Resolution are declared to be severable.

ADOPTED this ____ day of ____________________, 2024

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Mike 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

473

ATTACHMENT “A”

MASTER SCHEDULE OF FEES AND CHARGES EFFECTIVE JANUARY 12, 2024
[Behind this sheet.]

474

CITY OF ORANGE

MASTER SCHEDULE OF FEESE
ffective 7/1/2023 (Resolution No. 11474)
475

DEPARTMENT PAGE
CITY CLERK 1

COMMUNITY DEVELOPMENT
PLANNING DIVISION 2
BUILDING DIVISION*
NEW CONSTRUCTION - PLAN CHECK 3
NEW CONSTRUCTION - INSPECTION 8
MECHANICAL, ELECTRICAL, PLUMBING FEES 13
MISCELLANEOUS FEES 16*
Developer Impact Fees are available through Building & Safety Services COMMUNITY SERVICES 19
FINANCE 26
FIRE 27
LIBRARY 33
POLICE 34

PUBLIC WORKS
ENGINEERING DIVISION 36
FIELD SERVICES DIVISION 37
TRAFFIC DIVISION 38
WATER DIVISION 39

NON-DEPARTMENTAL
ANIMAL CONTROL AND SHELTER FEES 41

TABLE OF CONTENTS
476

CITY CLERK

FEE/CHARGE RATE UNIT NOTES
1 Document Certification $10.00 each
2 Filing of Circulators of an Initiative $200.00 each
3 Orange Municipal Code Book $544.00 each
4 Orange Municipal Code Supplement $45.00 each 3 times per year 5 Subpoena for Records $15.00 each Evidence Code Section 1563 6 Photocopy:
7 Election-Related $0.10 per copy
8 Black & White $0.15 per copy
9 Color Copy $0.25 per copy
10 Information Requests $65.00 per hour
11 CD / DVD Copy $25.00 each
12 Passport Processing $35.00 each
13 Passport Photo $15.00 each
14 Room Rental
15 Weimer Room, Conference Room C $115.00 per hour
1 Proposed Fee:

16. Lobbyist Registration Fee | $190 | Per Project | Resolution No. 11517 | 477

COMMUNITY DEVELOPMENT - PLANNING DIVISION

FEE/CHARGE RATE UNIT NOTES
1 Sober Living Permit Fee $2,134.00 each
2 Alcohol License Permit $1,049.00 each
3 Accessory Dwelling Unit (ADU) Application $1,037.00 each 4 SB9 Application $1,747.00 each
5 Mills Act Program:
6 Original Application Fee $1,050.00 each
7 Inspection / Annual Report $100.00 each
8 Zone Clearance, Over the Counter Review $42.00 each
9 Staff research, information requests - per hour $122.00 per hour 10 Temporary Use Permit (recurring) $387.00 each
11 Temporary Use Permit (non-recurring uses) $1,000.00 each 12 Zoning Verification Letter $332.00 each
13 General Plan Update 0.05% % of valuation
14 CODE COMPLIANCE FEES:
15 Special Promotion (Banner) Permit $110.00 each
16 Special Event Application/Permit $110.00 each plus actual cost 17 Violation & Reinspection Fee $459.00 each
18 Sidewalk Vending Permits:
19 Per Applicant $645.00 each
20 Per Employee $169.00 each
21 Change Fee $169.00 each
22 DEPOSIT-BASED FEES:
23 Administrative Design Review $500.00 deposit Billed at actual cost 24 Design Review, Historic Districts
25 Commercial $4,000.00 deposit Billed at actual cost
26 Residential $1,500.00 deposit Billed at actual cost
27 Signs and Sign Programs $500.00 deposit Billed at actual cost 28 Design Review, Outside Historic Districts $1,000.00 deposit Billed at actual cost 29 CUP / Variance - Zoning $3,000.00 deposit Billed at actual cost 30 CUV / Variance - Planning Commission $3,000.00 deposit Billed at actual cost 31 Major Site Plan Review $15,000.00 deposit Billed at actual cost 32 Tentative Tract Map $2,000.00 deposit Billed at actual cost 33 Zone Change Applications $10,000.00 deposit Billed at actual cost 34 Negative Declaration $6,000.00 deposit Billed at actual cost 35 Mitigation Monitoring $3,000.00 deposit Billed at actual cost 36 General Plan Amendment $10,000.00 deposit Billed at actual cost 37 Environmental Impact Report $10,000.00 deposit Billed at actual cost 38 Appeals to City Council or Planning Commission $1,000.00 deposit Billed at actual cost 39 Planning Commission Modification to CUP, Major Site Plan or Variance $3,000.00 deposit Billed at actual cost
40 Minor Site Plan Review - Staff $1,000.00 deposit Billed at actual cost 41 Pre-Application Review $500.00 deposit Billed at actual cost 42 Administrative Adjustments $1,000.00 deposit Billed at actual cost 43 Time Extension $1,000.00 deposit Billed at actual cost 2 478
Community Development - Building Division
Construction Plan Check Fees
Construction Type Construction Type Construction Type

IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB
IBC
Class IBC Occupancy Type
Project
Size
Threshold
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
A-1 Assembly—Fixed Seating 500 $1,997 $99.8325 $1,664 $83.1938 $1,331 $66.5550 - Theater, Concert Hall 2,500 $3,993 $47.9100 $3,328 $39.9250 $2,662 $31.9400 - - 5,000 $5,191 $31.9400 $4,326 $26.6167 $3,461 $21.2933 - - 10,000 $6,788 $7.9967 $5,657 $6.6639 $4,525 $5.3311 - - 25,000 $7,988 $25.5500 $6,656 $21.2917 $5,325 $17.0333 - - 50,000 $14,375 $28.7500 $11,979 $23.9583 $9,583 $19.1667 A-2 Assembly—Food & Drink 500 $2,225 $111.2475 $1,854 $92.7063 $1,483 $74.1650 - Restaurant, Night Club, Bar 2,500 $4,450 $53.4000 $3,708 $44.5000 $2,967 $35.6000 - - 5,000 $5,785 $35.5950 $4,821 $29.6625 $3,857 $23.7300 - - 10,000 $7,565 $8.8950 $6,304 $7.4125 $5,043 $5.9300 - - 25,000 $8,899 $28.4850 $7,416 $23.7375 $5,933 $18.9900 - - 50,000 $16,020 $32.0400 $13,350 $26.7000 $10,680 $21.3600 A-3 Assembly—Worship, Amusement 500 $2,567 $128.3513 $2,139 $106.9594 $1,711 $85.5675 - Arcade, Church, Community Hall 2,500 $5,134 $61.6050 $4,278 $51.3375 $3,423 $41.0700 - - 5,000 $6,674 $41.0850 $5,562 $34.2375 $4,450 $27.3900 - - 10,000 $8,729 $10.2600 $7,274 $8.5500 $5,819 $6.8400 - - 25,000 $10,268 $32.8500 $8,556 $27.3750 $6,845 $21.9000 - - 50,000 $18,480 $36.9600 $15,400 $30.8000 $12,320 $24.6400 A-4 Assembly—Indoor Sport Viewing 500 $2,054 $102.6810 $1,711 $85.5675 $1,369 $68.4540 - Arena, Skating Rink, Tennis Court 2,500 $4,107 $49.2840 $3,423 $41.0700 $2,738 $32.8560 - - 5,000 $5,339 $32.8680 $4,450 $27.3900 $3,560 $21.9120 - - 10,000 $6,983 $8.2080 $5,819 $6.8400 $4,655 $5.4720 - - 25,000 $8,214 $26.2800 $6,845 $21.9000 $5,476 $17.5200 - - 50,000 $14,784 $29.5680 $12,320 $24.6400 $9,856 $19.7120 A-5 Assembly—Outdoor Activities 1,000 $1,198 $29.9588 $998 $24.9656 $799 $19.9725 - Amusement Park, Bleacher, Stadium 5,000 $2,396 $14.3550 $1,997 $11.9625 $1,598 $9.5700 - - 10,000 $3,114 $9.6000 $2,595 $8.0000 $2,076 $6.4000 - - 20,000 $4,074 $2.3950 $3,395 $1.9958 $2,716 $1.5967 - - 50,000 $4,793 $7.6650 $3,994 $6.3875 $3,195 $5.1100 - - 100,000 $8,625 $8.6250 $7,188 $7.1875 $5,750 $5.7500 A Commercial Tenant Improvements 150 $513 $85.5638 $428 $71.3031 $342 $57.0425 - - 750 $1,027 $41.0850 $856 $34.2375 $685 $27.3900
- - 1,500 $1,335 $27.3750 $1,112 $22.8125 $890 $18.2500 - - 3,000 $1,746 $6.8350 $1,455 $5.6958 $1,164 $4.5567
- - 7,500 $2,053 $21.9150 $1,711 $18.2625 $1,369 $14.6100 - - 15,000 $3,697 $24.6450 $3,081 $20.5375 $2,465 $16.4300 B Business—Professional Office 1,000 $2,225 $55.6238 $1,854 $46.3531 $1,483 $37.0825 - - 5,000 $4,450 $26.6850 $3,708 $22.2375 $2,967 $17.7900 - - 10,000 $5,784 $17.7900 $4,820 $14.8250 $3,856 $11.8600 - - 20,000 $7,563 $4.4650 $6,303 $3.7208 $5,042 $2.9767 - - 50,000 $8,903 $14.2350 $7,419 $11.8625 $5,935 $9.4900 - - 100,000 $16,020 $16.0200 $13,350 $13.3500 $10,680 $10.6800 B Commercial Tenant Improvements 150 $513 $85.5638 $428 $71.3031 $342 $57.0425 - - 750 $1,027 $41.0850 $856 $34.2375 $685 $27.3900
- - 1,500 $1,335 $27.3750 $1,112 $22.8125 $890 $18.2500 - - 3,000 $1,746 $6.8350 $1,455 $5.6958 $1,164 $4.5567
- - 7,500 $2,053 $21.9150 $1,711 $18.2625 $1,369 $14.6100 - - 15,000 $3,697 $24.6450 $3,081 $20.5375 $2,465 $16.4300 3 479
Community Development - Building Division
Construction Plan Check Fees
Construction Type Construction Type Construction Type

IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB
IBC
Class IBC Occupancy Type
Project
Size
Threshold
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
E Educational—Group Occupancy 1,000 $4,022 $100.5488 $3,352 $83.7906 $2,681 $67.0325 - 6+ persons, up to the 12th Grade 5,000 $8,044 $48.2550 $6,703 $40.2125 $5,363 $32.1700 - - 10,000 $10,457 $32.1750 $8,714 $26.8125 $6,971 $21.4500 - - 20,000 $13,674 $8.0450 $11,395 $6.7042 $9,116 $5.3633 - - 50,000 $16,088 $25.7250 $13,406 $21.4375 $10,725 $17.1500 100,000 $28,950 $28.9500 $24,125 $24.1250 $19,300 $19.3000 E Commercial Tenant Improvements 150 $513 $85.5638 $428 $71.3031 $342 $57.0425 - - 750 $1,027 $41.0850 $856 $34.2375 $685 $27.3900
- - 1,500 $1,335 $27.3750 $1,112 $22.8125 $890 $18.2500 - - 3,000 $1,746 $6.8350 $1,455 $5.6958 $1,164 $4.5567
- - 7,500 $2,053 $21.9150 $1,711 $18.2625 $1,369 $14.6100 - - 15,000 $3,697 $24.6450 $3,081 $20.5375 $2,465 $16.4300 F-1 Factory Industrial—Moderate Hazard 4,000 $2,047 $4.4430 $1,706 $3.7025 $1,364 $2.9620 - - 20,000 $2,758 $3.5640 $2,298 $2.9700 $1,838 $2.3760 - - 40,000 $3,470 $0.9000 $2,892 $0.7500 $2,314 $0.6000 - - 80,000 $3,830 $1.3280 $3,192 $1.1067 $2,554 $0.8853 - - 200,000 $5,424 $0.6240 $4,520 $0.5200 $3,616 $0.4160 400,000 $6,672 $1.6680 $5,560 $1.3900 $4,448 $1.1120
F-2 Factory Industrial—Low Hazard 3,000 $1,840 $15.3263 $1,533 $12.7719 $1,226 $10.2175 - - 15,000 $3,679 $7.3650 $3,066 $6.1375 $2,453 $4.9100 - - 30,000 $4,784 $4.9050 $3,986 $4.0875 $3,189 $3.2700 - - 60,000 $6,255 $1.2250 $5,213 $1.0208 $4,170 $0.8167 - - 150,000 $7,358 $3.9150 $6,131 $3.2625 $4,905 $2.6100 - - 300,000 $13,230 $4.4100 $11,025 $3.6750 $8,820 $2.9400 F Commercial Tenant Improvements 150 $513 $85.5638 $428 $71.3031 $342 $57.0425 - - 750 $1,027 $41.0850 $856 $34.2375 $685 $27.3900
- - 1,500 $1,335 $27.3750 $1,112 $22.8125 $890 $18.2500 - - 3,000 $1,746 $6.8350 $1,455 $5.6958 $1,164 $4.5567
- - 7,500 $2,053 $21.9150 $1,711 $18.2625 $1,369 $14.6100 - - 15,000 $3,697 $24.6450 $3,081 $20.5375 $2,465 $16.4300 H-1 High Hazard Group H-1 1,000 $1,797 $44.9250 $1,498 $37.4375 $1,198 $29.9500 - Pose a detonation hazard 5,000 $3,594 $21.5600 $2,995 $17.9667 $2,396 $14.3733 - - 10,000 $4,672 $14.3800 $3,893 $11.9833 $3,115 $9.5867 - - 20,000 $6,110 $3.6000 $5,092 $3.0000 $4,073 $2.4000 - - 50,000 $7,190 $11.5000 $5,992 $9.5833 $4,793 $7.6667 - - 100,000 $12,940 $12.9400 $10,783 $10.7833 $8,627 $8.6267 H-2 High Hazard Group H-2 2,000 $1,814 $22.6680 $1,512 $18.8900 $1,209 $15.1120 - Pose a deflagration hazard 10,000 $3,628 $10.8840 $3,023 $9.0700 $2,418 $7.2560 - - 20,000 $4,716 $7.2600 $3,930 $6.0500 $3,144 $4.8400 - - 40,000 $6,168 $1.8200 $5,140 $1.5167 $4,112 $1.2133 - - 100,000 $7,260 $5.7960 $6,050 $4.8300 $4,840 $3.8640 - - 200,000 $13,056 $6.5280 $10,880 $5.4400 $8,704 $4.3520 H-3 High Hazard Group H-3 1,000 $1,733 $43.3238 $1,444 $36.1031 $1,155 $28.8825 - Readily support combustion 5,000 $3,466 $20.7750 $2,888 $17.3125 $2,311 $13.8500 - - 10,000 $4,505 $13.8750 $3,754 $11.5625 $3,003 $9.2500 - - 20,000 $5,892 $3.4600 $4,910 $2.8833 $3,928 $2.3067 - - 50,000 $6,930 $11.1000 $5,775 $9.2500 $4,620 $7.4000 - - 100,000 $12,480 $12.4800 $10,400 $10.4000 $8,320 $8.3200 4 480
Community Development - Building Division
Construction Plan Check Fees
Construction Type Construction Type Construction Type

IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB
IBC
Class IBC Occupancy Type
Project
Size
Threshold
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
H-4 High Hazard Group H-4 1,000 $2,156 $53.9100 $1,797 $44.9250 $1,438 $35.9400 - Pose health hazards 5,000 $4,313 $25.8720 $3,594 $21.5600 $2,875 $17.2480 - - 10,000 $5,606 $17.2560 $4,672 $14.3800 $3,738 $11.5040 - - 20,000 $7,332 $4.3200 $6,110 $3.6000 $4,888 $2.8800 - - 50,000 $8,628 $13.8000 $7,190 $11.5000 $5,752 $9.2000 - - 100,000 $15,528 $15.5280 $12,940 $12.9400 $10,352 $10.3520 H-5 High Hazard Group H-5 1,000 $2,156 $53.9100 $1,797 $44.9250 $1,438 $35.9400 - Semiconductor Fabrication, R&D 5,000 $4,313 $25.8720 $3,594 $21.5600 $2,875 $17.2480 - - 10,000 $5,606 $17.2560 $4,672 $14.3800 $3,738 $11.5040 - - 20,000 $7,332 $4.3200 $6,110 $3.6000 $4,888 $2.8800 - - 50,000 $8,628 $13.8000 $7,190 $11.5000 $5,752 $9.2000 - - 100,000 $15,528 $15.5280 $12,940 $12.9400 $10,352 $10.3520 H Commercial Tenant Improvements 150 $513 $85.5638 $428 $71.3031 $342 $57.0425 - - 750 $1,027 $41.0850 $856 $34.2375 $685 $27.3900
- - 1,500 $1,335 $27.3750 $1,112 $22.8125 $890 $18.2500 - - 3,000 $1,746 $6.8350 $1,455 $5.6958 $1,164 $4.5567
- - 7,500 $2,053 $21.9150 $1,711 $18.2625 $1,369 $14.6100 - - 15,000 $3,697 $24.6450 $3,081 $20.5375 $2,465 $16.4300 I-1 Institutional—7+ persons, ambulatory 1,000 $2,841 $71.0280 $2,367 $59.1900 $1,894 $47.3520 - - 5,000 $5,682 $34.0800 $4,735 $28.4000 $3,788 $22.7200 - - 10,000 $7,386 $22.7400 $6,155 $18.9500 $4,924 $15.1600 - - 20,000 $9,660 $5.6800 $8,050 $4.7333 $6,440 $3.7867 - - 50,000 $11,364 $18.1920 $9,470 $15.1600 $7,576 $12.1280 - - 100,000 $20,460 $20.4600 $17,050 $17.0500 $13,640 $13.6400 I-2 Institutional—6+ persons, non-ambulatory 1,000 $3,551 $88.7850 $2,959 $73.9875 $2,367 $59.1900 - - 5,000 $7,103 $42.6000 $5,919 $35.5000 $4,735 $28.4000 - - 10,000 $9,233 $28.4250 $7,694 $23.6875 $6,155 $18.9500 - - 20,000 $12,075 $7.1000 $10,063 $5.9167 $8,050 $4.7333 - - 50,000 $14,205 $22.7400 $11,838 $18.9500 $9,470 $15.1600 - - 100,000 $25,575 $25.5750 $21,313 $21.3125 $17,050 $17.0500 I-3 Institutional—6+ persons, restrained 1,000 $3,466 $86.6288 $2,888 $72.1906 $2,310 $57.7525 - - 5,000 $6,931 $41.5950 $5,776 $34.6625 $4,621 $27.7300 - - 10,000 $9,011 $27.7350 $7,509 $23.1125 $6,007 $18.4900 - - 20,000 $11,784 $6.9200 $9,820 $5.7667 $7,856 $4.6133 - - 50,000 $13,860 $22.1700 $11,550 $18.4750 $9,240 $14.7800 100,000 $24,945 $24.9450 $20,788 $20.7875 $16,630 $16.6300 I-4 Institutional—6+ persons, day care 1,000 $2,610 $65.2538 $2,175 $54.3781 $1,740 $43.5025 - - 5,000 $5,220 $31.3200 $4,350 $26.1000 $3,480 $20.8800 - - 10,000 $6,786 $20.8800 $5,655 $17.4000 $4,524 $13.9200 - - 20,000 $8,874 $5.2200 $7,395 $4.3500 $5,916 $3.4800 - - 50,000 $10,440 $16.7100 $8,700 $13.9250 $6,960 $11.1400 100,000 $18,795 $18.7950 $15,663 $15.6625 $12,530 $12.5300 I Commercial Tenant Improvements 150 $513 $85.5638 $428 $71.3031 $342 $57.0425 - - 750 $1,027 $41.0850 $856 $34.2375 $685 $27.3900
- - 1,500 $1,335 $27.3750 $1,112 $22.8125 $890 $18.2500 - - 3,000 $1,746 $6.8350 $1,455 $5.6958 $1,164 $4.5567
- - 7,500 $2,053 $21.9150 $1,711 $18.2625 $1,369 $14.6100 15,000 $3,697 $24.6450 $3,081 $20.5375 $2,465 $16.4300
5 481
Community Development - Building Division
Construction Plan Check Fees
Construction Type Construction Type Construction Type

IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB
IBC
Class IBC Occupancy Type
Project
Size
Threshold
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
L Labs (California ONLY) 2,000 $3,149 $39.3570 $2,624 $32.7975 $2,099 $26.2380 - - 10,000 $6,298 $18.8880 $5,248 $15.7400 $4,198 $12.5920 - - 20,000 $8,186 $12.6120 $6,822 $10.5100 $5,458 $8.4080 - - 40,000 $10,709 $3.1520 $8,924 $2.6267 $7,139 $2.1013 - - 100,000 $12,600 $10.0800 $10,500 $8.4000 $8,400 $6.7200 200,000 $22,680 $11.3400 $18,900 $9.4500 $15,120 $7.5600 M Mercantile—Retail or wholesale store 150 $856 $142.6088 $713 $118.8406 $570 $95.0725 - - 750 $1,711 $68.4600 $1,426 $57.0500 $1,141 $45.6400 - - 1,500 $2,225 $45.6300 $1,854 $38.0250 $1,483 $30.4200 - - 3,000 $2,909 $11.4000 $2,424 $9.5000 $1,940 $7.6000 - - 7,500 $3,422 $36.5100 $2,852 $30.4250 $2,282 $24.3400 - - 15,000 $6,161 $41.0700 $5,134 $34.2250 $4,107 $27.3800 M Commercial Tenant Improvements 150 $513 $85.5638 $428 $71.3031 $342 $57.0425 - - 750 $1,027 $41.0850 $856 $34.2375 $685 $27.3900
- - 1,500 $1,335 $27.3750 $1,112 $22.8125 $890 $18.2500 - - 3,000 $1,746 $6.8350 $1,455 $5.6958 $1,164 $4.5567
- - 7,500 $2,053 $21.9150 $1,711 $18.2625 $1,369 $14.6100 - - 15,000 $3,697 $24.6450 $3,081 $20.5375 $2,465 $16.4300 R-1 Residential—Transient 2,000 $7,628 $19.0650 $6,357 $15.8875 $5,085 $12.7100 - Boarding Houses, Hotels, Motels 10,000 $9,153 $15.2700 $7,628 $12.7250 $6,102 $10.1800 - - 20,000 $10,680 $7.6200 $8,900 $6.3500 $7,120 $5.0800 - - 40,000 $12,204 $6.3600 $10,170 $5.3000 $8,136 $4.2400 - - 100,000 $16,020 $6.8700 $13,350 $5.7250 $10,680 $4.5800 - - 200,000 $22,890 $11.4450 $19,075 $9.5375 $15,260 $7.6300 R-2 Residential—Permanent, 2+ Dwellings 1,500 $7,628 $25.4175 $6,357 $21.1813 $5,085 $16.9450 - Apartment, Dormitory, Timeshare 7,500 $9,153 $20.3400 $7,628 $16.9500 $6,102 $13.5600 - - 15,000 $10,679 $10.1700 $8,899 $8.4750 $7,119 $6.7800 - - 30,000 $12,204 $8.4800 $10,170 $7.0667 $8,136 $5.6533 - - 75,000 $16,020 $9.1500 $13,350 $7.6250 $10,680 $6.1000 - - 150,000 $22,883 $15.2550 $19,069 $12.7125 $15,255 $10.1700 R-3 Dwellings—Custom Homes 1,500 $2,225 $44.4825 $1,854 $37.0688 $1,483 $29.6550 - - 2,500 $2,670 $44.5200 $2,225 $37.1000 $1,780 $29.6800 - - 3,500 $3,115 $44.5125 $2,596 $37.0938 $2,077 $29.6750 - - 4,500 $3,560 $55.6125 $2,967 $46.3438 $2,373 $37.0750 - - 6,500 $4,672 $57.2229 $3,894 $47.6857 $3,115 $38.1486 - - 10,000 $6,675 $66.7500 $5,563 $55.6250 $4,450 $44.5000 R-3 Dwellings—Production Phase 1,500 $1,112 $22.2600 $927 $18.5500 $742 $14.8400 - of Master Plan (repeats) 2,500 $1,335 $22.2150 $1,113 $18.5125 $890 $14.8100 - - 3,500 $1,557 $22.2825 $1,298 $18.5688 $1,038 $14.8550 - - 4,500 $1,780 $27.8063 $1,483 $23.1719 $1,187 $18.5375 - - 6,500 $2,336 $28.6114 $1,947 $23.8429 $1,557 $19.0743 - - 10,000 $3,338 $33.3750 $2,781 $27.8125 $2,225 $22.2500 6 482
Community Development - Building Division
Construction Plan Check Fees
Construction Type Construction Type Construction Type

IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB
IBC
Class IBC Occupancy Type
Project
Size
Threshold
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
R-4 Residential—Assisted Living (6-16 persons) 1,500 $4,768 $15.8850 $3,973 $13.2375 $3,178 $10.5900 - - 7,500 $5,721 $12.7050 $4,767 $10.5875 $3,814 $8.4700 - - 15,000 $6,674 $6.3600 $5,561 $5.3000 $4,449 $4.2400 - - 30,000 $7,628 $5.3000 $6,356 $4.4167 $5,085 $3.5333 - - 75,000 $10,013 $5.7300 $8,344 $4.7750 $6,675 $3.8200 150,000 $14,310 $9.5400 $11,925 $7.9500 $9,540 $6.3600
R R Occupancy Remodel 150 $795 $26.4788 $662 $22.0656 $530 $17.6525 - - 750 $953 $21.1950 $795 $17.6625 $636 $14.1300
- - 1,500 $1,112 $10.5900 $927 $8.8250 $742 $7.0600
- - 3,000 $1,271 $8.8250 $1,059 $7.3542 $848 $5.8833
- - 7,500 $1,668 $9.5250 $1,390 $7.9375 $1,112 $6.3500
- - 15,000 $2,383 $15.8850 $1,986 $13.2375 $1,589 $10.5900 S-1 Storage—Moderate Hazard, Repair Garage 500 $1,643 $82.1490 $1,369 $68.4575 $1,095 $54.7660 - Motor Vehicles (not High Hazard) 2,500 $3,286 $39.4200 $2,738 $32.8500 $2,191 $26.2800 - - 5,000 $4,271 $26.2920 $3,560 $21.9100 $2,848 $17.5280 - - 10,000 $5,586 $6.5800 $4,655 $5.4833 $3,724 $4.3867 - - 25,000 $6,573 $21.0360 $5,478 $17.5300 $4,382 $14.0240 - - 50,000 $11,832 $23.6640 $9,860 $19.7200 $7,888 $15.7760 S-2 Storage—Low Hazard, Parking Garages 1,000 $2,464 $61.6140 $2,054 $51.3450 $1,643 $41.0760 - Open or Enclosed 5,000 $4,929 $29.5800 $4,108 $24.6500 $3,286 $19.7200 - - 10,000 $6,408 $19.7040 $5,340 $16.4200 $4,272 $13.1360 - - 20,000 $8,378 $4.9320 $6,982 $4.1100 $5,586 $3.2880 - - 50,000 $9,858 $15.7800 $8,215 $13.1500 $6,572 $10.5200 - - 100,000 $17,748 $17.7480 $14,790 $14.7900 $11,832 $11.8320 S S Commercial Tenant Improvements 500 $513 $85.5638 $428 $71.3031 $342 $57.0425 - - 2,500 $1,027 $41.0850 $856 $34.2375 $685 $27.3900
- - 5,000 $1,335 $27.3750 $1,112 $22.8125 $890 $18.2500 - - 10,000 $1,746 $6.8350 $1,455 $5.6958 $1,164 $4.5567 - - 25,000 $2,053 $21.9150 $1,711 $18.2625 $1,369 $14.6100 50,000 $3,697 $24.6450 $3,081 $20.5375 $2,465 $16.4300
U Accessory—Private Garage 200 $257 $32.0925 $214 $26.7438 $171 $21.3950 - - 1,000 $513 $15.4050 $428 $12.8375 $342 $10.2700
- - 2,000 $668 $10.2750 $556 $8.5625 $445 $6.8500
- - 4,000 $873 $2.5750 $728 $2.1458 $582 $1.7167
- - 10,000 $1,028 $8.2050 $856 $6.8375 $685 $5.4700
- - 20,000 $1,848 $9.2400 $1,540 $7.7000 $1,232 $6.1600 R-3 Residential Room Addition 150 $795 $26.4788 $662 $22.0656 $530 $17.6525 - - 750 $953 $21.1950 $795 $17.6625 $636 $14.1300
- - 1,500 $1,112 $10.5900 $927 $8.8250 $742 $7.0600
- - 3,000 $1,271 $8.8250 $1,059 $7.3542 $848 $5.8833
- - 7,500 $1,668 $9.5250 $1,390 $7.9375 $1,112 $6.3500
- - 15,000 $2,383 $15.8850 $1,986 $13.2375 $1,589 $10.5900

SHELL BUILDINGS
- All Shell Buildings 1,000 $685 $17.1150 $571 $14.2625 $456 $11.4100 - - 5,000 $1,369 $8.2080 $1,141 $6.8400 $913 $5.4720
- - 10,000 $1,780 $5.4840 $1,483 $4.5700 $1,186 $3.6560 - - 20,000 $2,328 $1.3600 $1,940 $1.1333 $1,552 $0.9067 - - 50,000 $2,736 $4.3920 $2,280 $3.6600 $1,824 $2.9280 - - 100,000 $4,932 $4.9320 $4,110 $4.1100 $3,288 $3.2880* Each additional 100 square feet, or portion thereof, up to the next highest project size threshold. *Developer Impact Fees are available through Building & Safety Services 7 483
Community Development - Building Division
Construction Inspection Fees
Construction Type Construction Type Construction Type

IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB
IBC
Class IBC Occupancy Type
Project
Size
Threshold
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
A-1 Assembly—Fixed Seating 500 $2,325 $116.2625 $1,938 $96.8854 $1,550 $77.5083 - Theater, Concert Hall 2,500 $4,651 $93.0000 $3,875 $77.5000 $3,100 $62.0000 - - 5,000 $6,976 $139.5100 $5,813 $116.2583 $4,650 $93.0067 - - 10,000 $13,951 $31.0100 $11,626 $25.8417 $9,301 $20.6733 - - 25,000 $18,603 $9.2900 $15,502 $7.7417 $12,402 $6.1933 - - 50,000 $20,925 $41.8500 $17,438 $34.8750 $13,950 $27.9000 A-2 Assembly—Food & Drink 500 $3,488 $174.3938 $2,907 $145.3281 $2,325 $116.2625 - Restaurant, Night Club, Bar 2,500 $6,976 $139.5000 $5,813 $116.2500 $4,651 $93.0000 - - 5,000 $10,463 $209.2650 $8,719 $174.3875 $6,976 $139.5100 - - 10,000 $20,927 $46.5150 $17,439 $38.7625 $13,951 $31.0100 - - 25,000 $27,904 $13.9350 $23,253 $11.6125 $18,603 $9.2900 - - 50,000 $31,388 $62.7750 $26,156 $52.3125 $20,925 $41.8500 A-3 Assembly—Worship, Amusement 500 $3,488 $174.3938 $2,907 $145.3281 $2,325 $116.2625 - Arcade, Church, Community Hall 2,500 $6,976 $139.5000 $5,813 $116.2500 $4,651 $93.0000 - - 5,000 $10,463 $209.2650 $8,719 $174.3875 $6,976 $139.5100 - - 10,000 $20,927 $46.5150 $17,439 $38.7625 $13,951 $31.0100 - - 25,000 $27,904 $13.9350 $23,253 $11.6125 $18,603 $9.2900 - - 50,000 $31,388 $62.7750 $26,156 $52.3125 $20,925 $41.8500 A-4 Assembly—Indoor Sport Viewing 500 $2,790 $139.5150 $2,325 $116.2625 $1,860 $93.0100 - Arena, Skating Rink, Tennis Court 2,500 $5,581 $111.6000 $4,651 $93.0000 $3,720 $74.4000 - - 5,000 $8,371 $167.4120 $6,976 $139.5100 $5,580 $111.6080 - - 10,000 $16,741 $37.2120 $13,951 $31.0100 $11,161 $24.8080 - - 25,000 $22,323 $11.1480 $18,603 $9.2900 $14,882 $7.4320 - - 50,000 $25,110 $50.2200 $20,925 $41.8500 $16,740 $33.4800 A-5 Assembly—Outdoor Activities 1,000 $2,093 $52.3275 $1,744 $43.6063 $1,395 $34.8850 - Amusement Park, Bleacher, Stadium 5,000 $4,186 $41.8350 $3,488 $34.8625 $2,791 $27.8900 - - 10,000 $6,278 $62.7750 $5,231 $52.3125 $4,185 $41.8500 - - 20,000 $12,555 $13.9500 $10,463 $11.6250 $8,370 $9.3000 - - 50,000 $16,740 $4.2000 $13,950 $3.5000 $11,160 $2.8000 - - 100,000 $18,840 $18.8400 $15,700 $15.7000 $12,560 $12.5600 A Commercial Tenant Improvements 150 $419 $69.7613 $349 $58.1344 $279 $46.5075 - - 750 $837 $55.8150 $698 $46.5125 $558 $37.2100
- - 1,500 $1,256 $83.7150 $1,046 $69.7625 $837 $55.8100 - - 3,000 $2,511 $18.5900 $2,093 $15.4917 $1,674 $12.3933 - - 7,500 $3,348 $5.5800 $2,790 $4.6500 $2,232 $3.7200
- - 15,000 $3,767 $25.1100 $3,139 $20.9250 $2,511 $16.7400 B Business—Professional Office 1,000 $5,232 $130.7850 $4,360 $108.9875 $3,488 $87.1900 - - 5,000 $10,463 $104.6550 $8,719 $87.2125 $6,976 $69.7700 - - 10,000 $15,696 $156.9600 $13,080 $130.8000 $10,464 $104.6400 - - 20,000 $31,392 $34.8850 $26,160 $29.0708 $20,928 $23.2567 - - 50,000 $41,858 $10.4550 $34,881 $8.7125 $27,905 $6.9700 - - 100,000 $47,085 $47.0850 $39,238 $39.2375 $31,390 $31.3900 B Commercial Tenant Improvements 150 $419 $69.7613 $349 $58.1344 $279 $46.5075 - - 750 $837 $55.8150 $698 $46.5125 $558 $37.2100
- - 1,500 $1,256 $83.7150 $1,046 $69.7625 $837 $55.8100 - - 3,000 $2,511 $18.5900 $2,093 $15.4917 $1,674 $12.3933 - - 7,500 $3,348 $5.5800 $2,790 $4.6500 $2,232 $3.7200
- - 15,000 $3,767 $25.1100 $3,139 $20.9250 $2,511 $16.7400 8 484
Community Development - Building Division
Construction Inspection Fees
Construction Type Construction Type Construction Type

IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB
IBC
Class IBC Occupancy Type
Project
Size
Threshold
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
E Educational—Group Occupancy 1,000 $3,488 $87.1988 $2,907 $72.6656 $2,325 $58.1325 - 6+ persons, up to the 12th Grade 5,000 $6,976 $69.7650 $5,813 $58.1375 $4,651 $46.5100 - - 10,000 $10,464 $104.6400 $8,720 $87.2000 $6,976 $69.7600 - - 20,000 $20,928 $23.2400 $17,440 $19.3667 $13,952 $15.4933 - - 50,000 $27,900 $6.9900 $23,250 $5.8250 $18,600 $4.6600 - - 100,000 $31,395 $31.3950 $26,163 $26.1625 $20,930 $20.9300 E Commercial Tenant Improvements 150 $419 $69.7613 $349 $58.1344 $279 $46.5075 - - 750 $837 $55.8150 $698 $46.5125 $558 $37.2100
- - 1,500 $1,256 $83.7150 $1,046 $69.7625 $837 $55.8100 - - 3,000 $2,511 $18.5900 $2,093 $15.4917 $1,674 $12.3933 - - 7,500 $3,348 $5.5800 $2,790 $4.6500 $2,232 $3.7200
- - 15,000 $3,767 $25.1100 $3,139 $20.9250 $2,511 $16.7400 F-1 Factory Industrial—Moderate Hazard 4,000 $1,783 $2.7750 $1,486 $2.3125 $1,189 $1.8500 - - 20,000 $2,227 $3.0960 $1,856 $2.5800 $1,485 $2.0640 - - 40,000 $2,846 $1.5960 $2,372 $1.3300 $1,898 $1.0640 - - 80,000 $3,485 $0.7560 $2,904 $0.6300 $2,323 $0.5040 - - 200,000 $4,392 $0.7800 $3,660 $0.6500 $2,928 $0.5200 - - 400,000 $5,952 $1.4880 $4,960 $1.2400 $3,968 $0.9920 F-2 Factory Industrial—Low Hazard 3,000 $895 $7.4663 $746 $6.2219 $597 $4.9775 - - 15,000 $1,791 $5.9700 $1,493 $4.9750 $1,194 $3.9800 - - 30,000 $2,687 $8.9550 $2,239 $7.4625 $1,791 $5.9700 - - 60,000 $5,373 $1.9800 $4,478 $1.6500 $3,582 $1.3200 - - 150,000 $7,155 $0.6000 $5,963 $0.5000 $4,770 $0.4000 - - 300,000 $8,055 $2.6850 $6,713 $2.2375 $5,370 $1.7900 F Commercial Tenant Improvements 150 $419 $69.7613 $349 $58.1344 $279 $46.5075 - - 750 $837 $55.8150 $698 $46.5125 $558 $37.2100
- - 1,500 $1,256 $83.7150 $1,046 $69.7625 $837 $55.8100 - - 3,000 $2,511 $18.5900 $2,093 $15.4917 $1,674 $12.3933 - - 7,500 $3,348 $5.5800 $2,790 $4.6500 $2,232 $3.7200
- - 15,000 $3,767 $25.1100 $3,139 $20.9250 $2,511 $16.7400 H-1 High Hazard Group H-1 1,000 $586 $14.6375 $488 $12.1979 $390 $9.7583 - Pose a detonation hazard 5,000 $1,171 $11.7000 $976 $9.7500 $781 $7.8000 - - 10,000 $1,756 $17.5600 $1,463 $14.6333 $1,171 $11.7067 - - 20,000 $3,512 $3.9100 $2,927 $3.2583 $2,341 $2.6067 - - 50,000 $4,685 $1.1700 $3,904 $0.9750 $3,123 $0.7800 - - 100,000 $5,270 $5.2700 $4,392 $4.3917 $3,513 $3.5133 H-2 High Hazard Group H-2 2,000 $702 $8.7840 $585 $7.3200 $468 $5.8560 - Pose a deflagration hazard 10,000 $1,405 $7.0200 $1,171 $5.8500 $937 $4.6800 - - 20,000 $2,107 $10.5360 $1,756 $8.7800 $1,405 $7.0240 - - 40,000 $4,214 $2.3360 $3,512 $1.9467 $2,810 $1.5573 - - 100,000 $5,616 $0.6960 $4,680 $0.5800 $3,744 $0.4640 - - 200,000 $6,312 $3.1560 $5,260 $2.6300 $4,208 $2.1040 H-3 High Hazard Group H-3 1,000 $878 $21.9563 $732 $18.2969 $586 $14.6375 - Readily support combustion 5,000 $1,757 $17.5500 $1,464 $14.6250 $1,171 $11.7000 - - 10,000 $2,634 $26.3400 $2,195 $21.9500 $1,756 $17.5600 - - 20,000 $5,268 $5.8650 $4,390 $4.8875 $3,512 $3.9100 - - 50,000 $7,028 $1.7550 $5,856 $1.4625 $4,685 $1.1700 - - 100,000 $7,905 $7.9050 $6,588 $6.5875 $5,270 $5.2700 9 485
Community Development - Building Division
Construction Inspection Fees
Construction Type Construction Type Construction Type

IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB
IBC
Class IBC Occupancy Type
Project
Size
Threshold
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
H-4 High Hazard Group H-4 1,000 $703 $17.5650 $586 $14.6375 $468 $11.7100 - Pose health hazards 5,000 $1,405 $14.0400 $1,171 $11.7000 $937 $9.3600 - - 10,000 $2,107 $21.0720 $1,756 $17.5600 $1,405 $14.0480 - - 20,000 $4,214 $4.6920 $3,512 $3.9100 $2,810 $3.1280 - - 50,000 $5,622 $1.4040 $4,685 $1.1700 $3,748 $0.9360 - - 100,000 $6,324 $6.3240 $5,270 $5.2700 $4,216 $4.2160 H-5 High Hazard Group H-5 1,000 $703 $17.5650 $586 $14.6375 $468 $11.7100 - Semiconductor Fabrication, R&D 5,000 $1,405 $14.0400 $1,171 $11.7000 $937 $9.3600 - - 10,000 $2,107 $21.0720 $1,756 $17.5600 $1,405 $14.0480 - - 20,000 $4,214 $4.6920 $3,512 $3.9100 $2,810 $3.1280 - - 50,000 $5,622 $1.4040 $4,685 $1.1700 $3,748 $0.9360 - - 100,000 $6,324 $6.3240 $5,270 $5.2700 $4,216 $4.2160 H Commercial Tenant Improvements 150 $419 $69.7613 $349 $58.1344 $279 $46.5075 - - 750 $837 $55.8150 $698 $46.5125 $558 $37.2100
- - 1,500 $1,256 $83.7150 $1,046 $69.7625 $837 $55.8100 - - 3,000 $2,511 $18.5900 $2,093 $15.4917 $1,674 $12.3933 - - 7,500 $3,348 $5.5800 $2,790 $4.6500 $2,232 $3.7200
- - 15,000 $3,767 $25.1100 $3,139 $20.9250 $2,511 $16.7400 I-1 Institutional—7+ persons, ambulatory 1,000 $879 $21.9750 $733 $18.3125 $586 $14.6500 - - 5,000 $1,758 $17.5680 $1,465 $14.6400 $1,172 $11.7120 - - 10,000 $2,636 $26.3640 $2,197 $21.9700 $1,758 $17.5760 - - 20,000 $5,273 $5.8640 $4,394 $4.8867 $3,515 $3.9093 - - 50,000 $7,032 $1.7520 $5,860 $1.4600 $4,688 $1.1680 - - 100,000 $7,908 $7.9080 $6,590 $6.5900 $5,272 $5.2720 I-2 Institutional—6+ persons, non-ambulatory 1,000 $1,099 $27.4688 $916 $22.8906 $733 $18.3125 - - 5,000 $2,198 $21.9600 $1,831 $18.3000 $1,465 $14.6400 - - 10,000 $3,296 $32.9550 $2,746 $27.4625 $2,197 $21.9700 - - 20,000 $6,591 $7.3300 $5,493 $6.1083 $4,394 $4.8867 - - 50,000 $8,790 $2.1900 $7,325 $1.8250 $5,860 $1.4600 - - 100,000 $9,885 $9.8850 $8,238 $8.2375 $6,590 $6.5900 I-3 Institutional—6+ persons, restrained 1,000 $1,099 $27.4688 $916 $22.8906 $733 $18.3125 - - 5,000 $2,198 $21.9600 $1,831 $18.3000 $1,465 $14.6400 - - 10,000 $3,296 $32.9550 $2,746 $27.4625 $2,197 $21.9700 - - 20,000 $6,591 $7.3300 $5,493 $6.1083 $4,394 $4.8867 - - 50,000 $8,790 $2.1900 $7,325 $1.8250 $5,860 $1.4600 - - 100,000 $9,885 $9.8850 $8,238 $8.2375 $6,590 $6.5900 I-4 Institutional—6+ persons, day care 1,000 $1,099 $27.4688 $916 $22.8906 $733 $18.3125 - - 5,000 $2,198 $21.9600 $1,831 $18.3000 $1,465 $14.6400 - - 10,000 $3,296 $32.9550 $2,746 $27.4625 $2,197 $21.9700 - - 20,000 $6,591 $7.3300 $5,493 $6.1083 $4,394 $4.8867 - - 50,000 $8,790 $2.1900 $7,325 $1.8250 $5,860 $1.4600 - - 100,000 $9,885 $9.8850 $8,238 $8.2375 $6,590 $6.5900 I Commercial Tenant Improvements 150 $419 $69.7613 $349 $58.1344 $279 $46.5075 - - 750 $837 $55.8150 $698 $46.5125 $558 $37.2100
- - 1,500 $1,256 $83.7150 $1,046 $69.7625 $837 $55.8100 - - 3,000 $2,511 $18.5900 $2,093 $15.4917 $1,674 $12.3933 - - 7,500 $3,348 $5.5800 $2,790 $4.6500 $2,232 $3.7200
- - 15,000 $3,767 $25.1100 $3,139 $20.9250 $2,511 $16.7400 10 486
Community Development - Building Division
Construction Inspection Fees
Construction Type Construction Type Construction Type

IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB
IBC
Class IBC Occupancy Type
Project
Size
Threshold
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
L Labs (California ONLY) 2,000 $5,580 $69.7590 $4,650 $58.1325 $3,720 $46.5060 - - 10,000 $11,161 $55.8120 $9,301 $46.5100 $7,441 $37.2080 - - 20,000 $16,742 $83.7120 $13,952 $69.7600 $11,162 $55.8080 - - 40,000 $33,485 $18.5920 $27,904 $15.4933 $22,323 $12.3947 - - 100,000 $44,640 $5.5920 $37,200 $4.6600 $29,760 $3.7280 - - 200,000 $50,232 $25.1160 $41,860 $20.9300 $33,488 $16.7440 M Mercantile—Retail or wholesale store 150 $1,395 $232.5300 $1,163 $193.7750 $930 $155.0200 - - 750 $2,790 $186.0150 $2,325 $155.0125 $1,860 $124.0100 - - 1,500 $4,185 $279.0300 $3,488 $232.5250 $2,790 $186.0200 - - 3,000 $8,371 $62.0050 $6,976 $51.6708 $5,581 $41.3367 - - 7,500 $11,161 $18.6150 $9,301 $15.5125 $7,441 $12.4100 - - 15,000 $12,557 $83.7150 $10,464 $69.7625 $8,372 $55.8100 M Commercial Tenant Improvements 150 $419 $69.7613 $349 $58.1344 $279 $46.5075 - - 750 $837 $55.8150 $698 $46.5125 $558 $37.2100
- - 1,500 $1,256 $83.7150 $1,046 $69.7625 $837 $55.8100 - - 3,000 $2,511 $18.5900 $2,093 $15.4917 $1,674 $12.3933 - - 7,500 $3,348 $5.5800 $2,790 $4.6500 $2,232 $3.7200
- - 15,000 $3,767 $25.1100 $3,139 $20.9250 $2,511 $16.7400 R-1 Residential—Transient 2,000 $13,952 $34.8750 $11,626 $29.0625 $9,301 $23.2500 - Boarding Houses, Hotels, Motels 10,000 $16,742 $41.8650 $13,951 $34.8875 $11,161 $27.9100 - - 20,000 $20,928 $20.9100 $17,440 $17.4250 $13,952 $13.9400 - - 40,000 $25,110 $9.3000 $20,925 $7.7500 $16,740 $6.2000 - - 100,000 $30,690 $11.1600 $25,575 $9.3000 $20,460 $7.4400 - - 200,000 $41,850 $20.9250 $34,875 $17.4375 $27,900 $13.9500 R-2 Residential—Permanent, 2+ Dwellings 1,500 $13,952 $46.5113 $11,626 $38.7594 $9,301 $31.0075 - Apartment, Dormitory, Timeshare 7,500 $16,742 $55.8000 $13,952 $46.5000 $11,162 $37.2000 - - 15,000 $20,927 $27.9150 $17,439 $23.2625 $13,952 $18.6100 - - 30,000 $25,115 $12.3900 $20,929 $10.3250 $16,743 $8.2600 - - 75,000 $30,690 $14.8800 $25,575 $12.4000 $20,460 $9.9200 - - 150,000 $41,850 $27.9000 $34,875 $23.2500 $27,900 $18.6000 R-3 Dwellings—Custom Homes 1,500 $2,093 $41.8650 $1,744 $34.8875 $1,395 $27.9100 - - 2,500 $2,511 $62.7600 $2,093 $52.3000 $1,674 $41.8400 - - 3,500 $3,139 $62.8200 $2,616 $52.3500 $2,093 $41.8800 - - 4,500 $3,767 $41.8388 $3,139 $34.8656 $2,511 $27.8925 - - 6,500 $4,604 $47.8157 $3,837 $39.8464 $3,069 $31.8771 - - 10,000 $6,278 $62.7750 $5,231 $52.3125 $4,185 $41.8500 R-3 Dwellings—Production Phase 1,500 $2,093 $41.8650 $1,744 $34.8875 $1,395 $27.9100 - of Master Plan (repeats) 2,500 $2,511 $62.7600 $2,093 $52.3000 $1,674 $41.8400 - - 3,500 $3,139 $62.8200 $2,616 $52.3500 $2,093 $41.8800 - - 4,500 $3,767 $41.8388 $3,139 $34.8656 $2,511 $27.8925 - - 6,500 $4,604 $47.8157 $3,837 $39.8464 $3,069 $31.8771 - - 10,000 $6,278 $62.7750 $5,231 $52.3125 $4,185 $41.8500 11 487
Community Development - Building Division
Construction Inspection Fees
Construction Type Construction Type Construction Type

IA, IB IIA, IIB, IIIA, IIIB, IV VA, VB
IBC
Class IBC Occupancy Type
Project
Size
Threshold
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
Base Cost
@
Threshold
Size
Cost for
Each
Additional
100 sf *
R-4 Residential—Assisted Living (6-16 persons) 1,500 $13,952 $46.5113 $11,626 $38.7594 $9,301 $31.0075 - - 7,500 $16,742 $55.8000 $13,952 $46.5000 $11,162 $37.2000 - - 15,000 $20,927 $27.9150 $17,439 $23.2625 $13,952 $18.6100 - - 30,000 $25,115 $12.3900 $20,929 $10.3250 $16,743 $8.2600 - - 75,000 $30,690 $14.8800 $25,575 $12.4000 $20,460 $9.9200 - - 150,000 $41,850 $27.9000 $34,875 $23.2500 $27,900 $18.6000 R R Occupancy Remodel 150 $1,395 $46.5113 $1,163 $38.7594 $930 $31.0075 - - 750 $1,674 $55.8000 $1,395 $46.5000 $1,116 $37.2000 - - 1,500 $2,093 $27.9150 $1,744 $23.2625 $1,395 $18.6100 - - 3,000 $2,511 $12.3900 $2,093 $10.3250 $1,674 $8.2600 - - 7,500 $3,069 $14.8800 $2,558 $12.4000 $2,046 $9.9200 - - 15,000 $4,185 $27.9000 $3,488 $23.2500 $2,790 $18.6000 S-1 Storage—Moderate Hazard, Repair Garage 500 $1,395 $69.7590 $1,163 $58.1325 $930 $46.5060 - Motor Vehicles (not High Hazard) 2,500 $2,790 $55.8120 $2,325 $46.5100 $1,860 $37.2080 - - 5,000 $4,186 $83.7120 $3,488 $69.7600 $2,790 $55.8080 - - 10,000 $8,371 $18.5920 $6,976 $15.4933 $5,581 $12.3947 - - 25,000 $11,160 $5.5920 $9,300 $4.6600 $7,440 $3.7280 - - 50,000 $12,558 $25.1160 $10,465 $20.9300 $8,372 $16.7440 S-2 Storage—Low Hazard, Parking Garages 1,000 $6,697 $167.4120 $5,581 $139.5100 $4,464 $111.6080 - Open or Enclosed 5,000 $13,393 $133.9440 $11,161 $111.6200 $8,929 $89.2960 - - 10,000 $20,090 $200.9040 $16,742 $167.4200 $13,394 $133.9360 - - 20,000 $40,181 $44.6440 $33,484 $37.2033 $26,787 $29.7627 - - 50,000 $53,574 $13.4040 $44,645 $11.1700 $35,716 $8.9360 - - 100,000 $60,276 $60.2760 $50,230 $50.2300 $40,184 $40.1840 S S Commercial Tenant Improvements 500 $419 $69.7613 $349 $58.1344 $279 $46.5075 - - 2,500 $837 $55.8150 $698 $46.5125 $558 $37.2100
- - 5,000 $1,256 $83.7150 $1,046 $69.7625 $837 $55.8100 - - 10,000 $2,511 $18.5900 $2,093 $15.4917 $1,674 $12.3933 - - 25,000 $3,348 $5.5800 $2,790 $4.6500 $2,232 $3.7200 - - 50,000 $3,767 $25.1100 $3,139 $20.9250 $2,511 $16.7400 U Accessory—Private Garage 200 $767 $95.8350 $639 $79.8625 $511 $63.8900 - - 1,000 $1,533 $76.6500 $1,278 $63.8750 $1,022 $51.1000 - - 2,000 $2,300 $114.9900 $1,917 $95.8250 $1,533 $76.6600 - - 4,000 $4,600 $25.5650 $3,833 $21.3042 $3,066 $17.0433 - - 10,000 $6,134 $7.6650 $5,111 $6.3875 $4,089 $5.1100 - - 20,000 $6,900 $34.5000 $5,750 $28.7500 $4,600 $23.0000 R-3 Residential Room Addition 150 $837 $27.9038 $698 $23.2531 $558 $18.6025 - - 750 $1,005 $33.4950 $837 $27.9125 $670 $22.3300
- - 1,500 $1,256 $16.7250 $1,046 $13.9375 $837 $11.1500 - - 3,000 $1,507 $7.4450 $1,256 $6.2042 $1,004 $4.9633
- - 7,500 $1,842 $8.9250 $1,535 $7.4375 $1,228 $5.9500
- - 15,000 $2,511 $16.7400 $2,093 $13.9500 $1,674 $11.1600

SHELL BUILDINGS
- All Shell Buildings 1,000 $837 $20.9220 $698 $17.4350 $558 $13.9480 - - 5,000 $1,674 $16.7520 $1,395 $13.9600 $1,116 $11.1680 - - 10,000 $2,512 $25.1160 $2,093 $20.9300 $1,674 $16.7440 - - 20,000 $5,023 $5.5760 $4,186 $4.6467 $3,349 $3.7173 - - 50,000 $6,696 $1.6800 $5,580 $1.4000 $4,464 $1.1200 - - 100,000 $7,536 $7.5360 $6,280 $6.2800 $5,024 $5.0240 * Each additional 100 square feet, or portion thereof, up to the next highest project size threshold.* Developer Impact Fees are available through Building & Safety Services 12 488

COMMUNITY DEVELOPMENT - BUILDING DIVISION - MECHANICAL, ELECTRICAL, PLUMBING

FEE/CHARGE RATE UNIT NOTES
1 Inspection outside of normal business hours $137.00 per hour 3 hour minimum 2 Inspection/Re-inspection fees during business hours $137.00 per hour 1 hour minimum 3 Inspection for which no fee is indicated $137.00 per hour 1 hour minimum 4 Plan review for changes, additions, and revisions to plan $143.00 per hour 1 hour minimum 5 Change of Occupancy, requiring new and temporary C. of O. $152.00 per hour 1 hour minimum 6 Security Plan Check $143.00 per hour 2 hour minimum
7 Alternate Materials or Methods Request $152.00 per hour 1/2 hour minimum 8 Records Research $64.00 each 1/2 hour minimum
9 Waste Management Plan $148.00 each
10 ELECTRICAL:
11 Service or Panel:
12 Up to 1,000 amp $137.00 each
13 1,000+ amps $243.00 each
14 Outlets - per item $14.00 per item
up to 10 at regular price, then
every 5
15 Lights - per item $14.00 per item
up to 10 at regular price, then
every 5
16 Switches - per item $14.00 per item
up to 10 at regular price, then
every 5
17 New Construction $69.00 per inspection plus $0.05 per sq. ft. 18 Power Equipment:
19 Up to 1 HP or to 1kva $69.00 each
up to 10 at regular price, then
every 5
20 Over 1 HP $137.00 each
up to 10 at regular price, then
every 5
21 Sign & Circuit (electrical portion only) $137.00 each 22 Temporary Power - (main pole of equipment) $69.00
23 Temporary Power - distance poles $69.00 per pole
24 Busways $137.00 each
25 Private street Light $137.00 each
26 Issuance Fee $64.00 each
27 Plan Review - 1/2 hr min $72.00 each 1/2 hour minimum 28 Inspection of Solar Panel System - 1/2 hr min. $69.00 each 1/2 hour minimum 29 Inspection of items not listed - 1/2 hr min $69.00 each 1/2 hour minimum 30 Re-inspection fee - 1/2 hr min $69.00 each 1/2 hour minimum EV Charger $69.00 each
31 PLUMBING:
32 Water Closet $69.00 each
up to 10 at regular price, then
every 5
33 Urinal $69.00 each
up to 10 at regular price, then
every 5
34 Bathtub (including shower head) $69.00 each
up to 10 at regular price, then
every 5
35 Shower Stall $69.00 each
up to 10 at regular price, then
every 5
13 489

COMMUNITY DEVELOPMENT - BUILDING DIVISION - MECHANICAL, ELECTRICAL, PLUMBING

FEE/CHARGE RATE UNIT NOTES
36 Kitchen Sink $69.00 each
up to 10 at regular price, then
every 5
37 Dishwasher $69.00 each
up to 10 at regular price, then
every 5
38 Garbage Disposal $69.00 each
up to 10 at regular price, then
every 5
39 Clothes Washer $69.00 each
up to 10 at regular price, then
every 5
40 Water Heater $69.00 each
up to 10 at regular price, then
every 5
41 Sewer (new, add, alter, repair) $69.00 each
42 Water Softener $69.00 each
up to 10 at regular price, then
every 5
43 Clothes Dryer $69.00 each
up to 10 at regular price, then
every 5
44 Gas Piping $27.00 per outlet
up to 10 at regular price, then
every 5
45 Miscellaneous Fixtures $69.00 each
up to 10 at regular price, then
every 5
46 Industrial Waste Receptors $69.00 each
47 Drainage Piping (alter, repair) $69.00 each
up to 10 at regular price, then
every 5
48 Drinking Fountain $69.00 each
up to 10 at regular price, then
every 5
49 Roof Drainage System $69.00 each
50 Cesspool $69.00 each
51 Septic Tank $140.00 each 1/2 hour minimum
52 Backflow Devices - per device $69.00 each 1/2 hour minimum 53 Solar Systems (plumbing portion) $140.00 each 1/2 hour minimum 54 Issuance Fee $64.00 each 1/2 hour minimum
55 Plan Review $72.00 per hour 1/2 hour minimum
56 Inspection of Solar Panel System $69.00 per hour 1/2 hour minimum 57 Inspection of items not listed $69.00 per hour 1/2 hour minimum 58 Re-inspection fee $69.00 per hour 1/2 hour minimum
59 MECHANICAL:
60 Heater - less than 100,000 BTU $137.00 each
61 Heater - greater than 100,000 BTU $206.00 each
62 Air Conditioner:
63 0-100,000 BTU $137.00 each
64 100,000-1,000,000 BTU $206.00 each
65 1,000,000+ BTU $274.00 each
66 Air Handler - 10,000 CFM or less $137.00 each
67 Air Handler - over 10,000 CFM $206.00 each
68 Evaporative Cooler $103.00 each
69 Fan Coil $69.00 each
70 Ventilation Fan $69.00 each
up to 10 at regular price, then
every 5
14 490

COMMUNITY DEVELOPMENT - BUILDING DIVISION - MECHANICAL, ELECTRICAL, PLUMBING

FEE/CHARGE RATE UNIT NOTES
71 Grease Hoods $274.00 each
72 Mechanical Firebox (metal Fireplace) $137.00 each
Mini Split System $197.00 each includes electrical/multi-zones 73 Registers (inlet or outlet) $14.00 each
up to 10 at regular price, then
every 5
74 Issuance Fee $64.00 each
75 Plan Review - 1/2 hr min $72.00 per hour 1/2 hour minimum 76 Inspection of Solar Panel System - 1/2 hr min. $69.00 per hour 1/2 hour minimum 77 Inspection of Items not listed - 1/2 hr min $69.00 per hour 1/2 hour minimum 78 Re-inspection fee - 1/2 hr min $69.00 per hour 1/2 hour minimum 79 Pool / Spa Equipment $274.00 each
80 Technology Fee - % of Valuation 0.13% % of valuation 81 Technology Fee - MEP Permits $5.00 each
*Developer Impact Fees are available through Building & Safety Services 15 491

COMMUNITY DEVELOPMENT - BUILDING DIVISION - MISCELLANEOUS FEES

FEE/CHARGE RATE UNIT NOTES
1 Antenna—Telecom Facility
2 Cellular/Mobile Phone, free-standing $345.00 each every 10 3 Cellular/Mobile Phone, attached to building $345.00 each every 10 4 Arbor/Trellis $415.00 each
5 Chimney Repair $219.00 each
6 Demolition (each 3,000 sf)
7 Commercial $546.00 each
8 Residential $484.00 each
9 Disabled Access Compliance Inspection $349.00 each
10 Door
11 New door (non structural) $238.00 each
12 New door (structural shear wall/masonry) $238.00 each 13 Fence
14 Over 6 ft. in height $238.00 each
15 Each addl 100 lf $23.00 each
16 Fireplace
17 Masonry $405.00 each
18 Pre-Fabricated/Metal $301.00 each
19 Flag pole (over 20 feet in height) $301.00 each
20 Foundation Repair $417.00 each
21 Garage (detached)
22 Wood frame up to 1,000 sf $528.00 each
23 Masonry up to 1,000 sf $632.00 each
24 Modular Structures
25 Partition—Commercial, Interior (up to 30 lf) $141.00 each 26 Additional partition $53.00 each
27 Partition—Residential, Interior (up to 30 lf) $141.00 each 28 Additional partition $53.00 each
29 Patio Cover $415.00 each
30 Photovoltaic System
31 Residential $383.00 each
32 Commercial, up to 10 kilowatts $664.00 each
33 Commercial, each additional 1 kilowatt $71.00 each
34 Pile Foundation
35 Cast in Place Concrete (first 10 piles) $706.00 each 36 Additional Piles (increments of 10) $706.00 each
37 Driven (steel, pre-stressed concrete) $706.00 each
38 Additional Piles (increments of 10) $706.00 each
39 Product Review $143.00 each
40 Re-roof
41 Residential $206.00 each
42 Multi-Family Dwelling $453.00 each
43 Commercial $453.00 each
44 Commercial Addition $453.00 each
45 Retaining Wall (concrete or masonry)
46 Up to 3' high/50 lf $471.00 each
16 492

COMMUNITY DEVELOPMENT - BUILDING DIVISION - MISCELLANEOUS FEES

FEE/CHARGE RATE UNIT NOTES
47 Additional retaining wall $71.00 each
each additional 50 lf or portion
thereof
48 Over 3-10' high/50 lf $511.00 each
49 Additional retaining wall $71.00 each
each additional 50 lf or portion
thereof
50 Over 10' high/50 lf $530.00 each
51 Additional retaining wall $71.00 each
each additional 50 lf or portion
thereof
52 Gravity/Crib Wall, 0-10' high (up to 50 lf) $242.00 each 53 Additional Gravity/Crib Wall $73.00 each
each additional 50 lf or portion
thereof
54 Gravity/Crib Wall, over 10' high (up to 50 lf) $383.00 each 55 Additional Gravity/Crib Wall $73.00 each
each additional 50 lf or portion
thereof
56 Roof Structure Replacement $264.00 each
57 Additional roof structure replacement $53.00 each
58 Sauna—steam $211.00 each
59 Siding
60 Stone and Brick Veneer (interior or exterior) $207.00 each 61 All Other $207.00 each
62 Additional siding $70.00 each
63 Signs
64 Directional $297.00 each every 5
65 Ground/Roof/Projecting Signs $237.00 each every 5
66 Rework of any existing Ground Sign $203.00 each every 5 67 Other Sign $273.00 each every 5
68 Wall/Awning Sign, Non-Electric $273.00 each every 5
69 Wall, Electric $273.00 each
70 Skylight
71 Less than 10 sf $273.00 each
72 Greater than 10 sf or structural $176.00 each
73 Stairs—First Flight $211.00 each
74 Each additional flight $59.00 each
75 Storage Racks
76 0-8' high (up to 100 lf) $141.00 each
77 each additional 100 lf $71.00 each
78 over 8' high (up to 100 lf) $211.00 each
79 each additional 100 lf $71.00 each
80 Supplemental Plan Check Fee (after 3rd review) $143.00 each 81 Supplemental Inspection Fee $140.00 each
82 Swimming Pool/Spa
83 Vinyl-lined (up to 800 sf) $449.00 each
84 Fiberglass $695.00 each
85 Gunite (up to 800 sf) $695.00 each
86 Additional pool (over 800 sf) $283.00 each
87 Commercial pool (up to 800 sf) $767.00 each
88 Commercial pool (over 800 sf) $705.00 each
17 493

COMMUNITY DEVELOPMENT - BUILDING DIVISION - MISCELLANEOUS FEES

FEE/CHARGE RATE UNIT NOTES
89 Spa or Hot Tub (Pre-fabricated) $283.00 each
90 Window or Sliding Glass Door
91 Replacement $168.00 each
92 New Window (non structural) $203.00 each
93 New window (structural shear wall/masonry) $415.00 each 94 Bay Window (structural) $415.00 each
*Developer Impact Fees are available through Building & Safety Services 18 494

COMMUNITY SERVICES

FEE/CHARGE RATE UNIT NOTES
1 FILMING FEES:
2 Application Fees $40.00 each
3 Citywide (Excludes Plaza District) $208.00 each
4 Plaza District Motion $444.00 each
5 Plaza District Still $208.00 each
6 Parks $218.00 each
7 Preparation and Strike Days 50% daily use rate
8 Additional Staff Time Charged Hourly in Excess of
Two Hours actual cost
9 Police Officer actual cost
10 COMMUNITY SERVICES FEES:
11 Aquatic Programs:
12 Recreational/Lap Swim $3.00 each
13 Recreation/Lap Swim Pass $30.00 each 15 sessions
14 Group lessons $45.00 per participant 9 lessons
15 Swim lessons, private $30.00 each
16 Parent and Me $22.00
per participant
and parent 4 sessions
17 Mini Lesson $22.00 per participant 5 sessions
18 Aqua Aerobics Class $34.00 each
19 Family Pool Event $7.00 each
20 Life Guard Training Class $169.00 each
21 Water Safety Instructor Class actual cost each
22 City Special Events - 3rd of July
23 3rd of July Celebration, general public pre-sale $7.00 each 24 3rd of July Celebration, general public day of event $7.00 each 25 3rd of July Celebration, non-profit pre-sale $4.50 each 26 3rd of July Celebration, children under 2 $0.00 each 27 Day Camp - Resident $105.00 each
28 Day Camp - Non-Resident $125.00 each
29 Basketball League $246.00 per season
30 Basketball League - Deposit $150.00 deposit
31 Open Gym $2.00 per session
32 Party Equipment Permit Fee $30.00 per permit
33 Moon Bounce Permit $30.00 each
34 Special Event Permit $60.00 each
35 Refund Processing Fee $10.00 each
36 Booth Participation Fee - Third of July $100.00 each 37 Booth Participation Fee - Tree Lighting and Treats in the Streets $25.00 each
38 Landscape & Irrigation Permit & Plan Check
39 Projects 20,000 SF or less $154.00 each
40 Projects 20,000-70,000 SF $463.00 each
41 Projects 70,000 SF and above $771.00 each
42 FACILITY RENTALS
43 Pool Rentals
44 Groups 1-100 People
45 Deposit $150.00 deposit
19 495

COMMUNITY SERVICES

FEE/CHARGE RATE UNIT NOTES
46 Non-Orange Based Business $435.00 per hour
47 Orange Based Business $375.00 per hour
48 Non-Resident, Non-Resident Non-Profit $185.00 per hour 49 Resident, Resident Non-Profit $165.00 per hour
50 Groups 101-200 People
51 Deposit $225.00 deposit
52 Non-Orange Based Business $765.00 per hour
53 Orange Based Business $705.00 per hour
54 Non-Resident, Non-Resident Non-Profit $255.00 per hour 55 Resident, Resident Non-Profit $235.00 per hour
56 Green / Open Space Fee:
57 Groups 1-50 People
58 Deposit $50.00 deposit
59 Non-Orange Based Business $120.00 per hour
60 Orange Based Business $90.00 per hour
61 Non-Resident, Non-Resident Non-Profit $40.00 per use 62 Resident, Resident Non-Profit $30.00 per use
63 Groups 51-100 People
64 Deposit $75.00 deposit
65 Non-Orange Based Business $150.00 per hour
66 Orange Based Business $120.00 per hour
67 Non-Resident, Non-Resident Non-Profit $50.00 per use 68 Resident, Resident Non-Profit $40.00 per use
69 Groups 101-200 People
70 Deposit $150.00 deposit
71 Non-Orange Based Business $225.00 per hour
72 Orange Based Business $195.00 per hour
73 Non-Resident, Non-Resident Non-Profit $75.00 per use 74 Resident, Resident Non-Profit $65.00 per use
75 Groups 201-300 People
76 Deposit $250.00 deposit
77 Non-Orange Based Business $330.00 per hour
78 Orange Based Business $300.00 per hour
79 Non-Resident, Non-Resident Non-Profit $110.00 per use 80 Resident, Resident Non-Profit $100.00 per use
81 Groups 301-400 People
82 Deposit $350.00 deposit
83 Non-Orange Based Business $435.00 per hour
84 Orange Based Business $405.00 per hour
85 Non-Resident, Non-Resident Non-Profit $145.00 per use 86 Resident, Resident Non-Profit $135.00 per use
87 Groups 401-500 People
88 Deposit $450.00 deposit
89 Non-Orange Based Business $540.00 per hour
90 Orange Based Business $510.00 per hour
91 Non-Resident, Non-Resident Non-Profit $180.00 per use 92 Resident, Resident Non-Profit $170.00 per use
93 Groups 501 or More People
20 496

COMMUNITY SERVICES

FEE/CHARGE RATE UNIT NOTES
94 Deposit $500.00 deposit
95 Non-Orange Based Business $645.00 per hour
96 Orange Based Business $615.00 per hour
97 Non-Resident, Non-Resident Non-Profit $215.00 per use 98 Resident, Resident Non-Profit $205.00 per use
99 Band Shells
100 Deposit $50.00 deposit
101 Non-Resident $55.00 per hour
102 Resident $35.00 per hour
103 Orange-Based Business $70.00 per hour
104 Non Orange-Based Business $110.00 per hour
105 Community Garden
106 Deposit $100.00 deposit
107 Non-Resident, Non-Resident Non-Profit $100.00 per year 108 Resident, Resident Non-Profit $75.00 per year
109
Facilities - Handy, Hart, El Camino, Ambriz, Killefer, and Grijalva Building A
110 Deposit $75.00 deposit
111 Non-Orange Based Business $150.00 per hour
112 Orange Based Business $90.00 per hour
113 Non-Resident, Non-Resident Non-Profit $50.00 per hour 114 Resident, Resident Non-Profit $30.00 per hour
115
Approved City of Orange Youth Sports Non-Profit
Organizations (monitored monthly use) $0.00 each
116 Facilities - Olive & Shaffer
117 Deposit $75.00 deposit
118 Facility Kitchen Cleaning actual cost
119 Non-Orange Based Business $180.00 per hour
120 Orange Based Business $120.00 per hour
121 Non-Resident, Non-Resident Non-Profit $60.00 per hour 122 Resident, Resident Non-Profit $40.00 per hour
123 Picnic Areas:
124 Groups 1-50 People
125 Deposit $50.00 deposit
126 Non-Orange Based Business $240.00 first 5 hours
127 Non-Orange Based Business $60.00 each add'l hr.
128 Orange Based Business $180.00 first 5 hours
129 Orange Based Business $45.00 each add'l hr.
130 Non-Resident, Non-Resident Non-Profit $80.00 first 5 hours 131 Non-Resident, Non-Resident Non-Profit $20.00 each add'l hr. 132 Resident, Resident Non-Profit $60.00 first 5 hours 133 Resident, Resident Non-Profit $15.00 each add'l hr. 134 Groups 51-100 People
135 Deposit $100.00 deposit
136 Non-Orange Based Business $300.00 first 5 hours
137 Non-Orange Based Business $75.00 each add'l hr.
138 Orange Based Business $240.00 first 5 hours
139 Orange Based Business $60.00 each add'l hr.
21 497

COMMUNITY SERVICES

FEE/CHARGE RATE UNIT NOTES
140 Non-Resident, Non-Resident Non-Profit $100.00 first 5 hours 141 Non-Resident, Non-Resident Non-Profit $25.00 each add'l hr. 142 Resident, Resident Non-Profit $80.00 first 5 hours 143 Resident, Resident Non-Profit $20.00 each add'l hr. 144 Groups 101-200 People
145 Deposit $150.00 deposit
146 Non-Orange Based Business $450.00 first 5 hours
147 Non-Orange Based Business $112.00 each add'l hr.
148 Orange Based Business $390.00 first 5 hours
149 Orange Based Business $97.00 each add'l hr.
150 Non-Resident, Non-Resident Non-Profit $150.00 first 5 hours 151 Non-Resident, Non-Resident Non-Profit $37.00 each add'l hr. 152 Resident, Resident Non-Profit $130.00 first 5 hours 153 Resident, Resident Non-Profit $32.00 each add'l hr. 154 Groups 201-300 People
155 Deposit $250.00 deposit
156 Non-Orange Based Business $660.00 first 5 hours
157 Non-Orange Based Business $165.00 each add'l hr.
158 Orange Based Business $600.00 first 5 hours
159 Orange Based Business $150.00 each add'l hr.
160 Non-Resident, Non-Resident Non-Profit $220.00 first 5 hours 161 Non-Resident, Non-Resident Non-Profit $55.00 each add'l hr. 162 Resident, Resident Non-Profit $200.00 first 5 hours 163 Resident, Resident Non-Profit $50.00 each add'l hr. 164 Groups 301-400 People
165 Deposit $350.00 deposit
166 Non-Orange Based Business $870.00 first 5 hours
167 Non-Orange Based Business $217.00 each add'l hr.
168 Orange Based Business $810.00 first 5 hours
169 Orange Based Business $202.00 each add'l hr.
170 Non-Resident, Non-Resident Non-Profit $290.00 first 5 hours 171 Non-Resident, Non-Resident Non-Profit $72.00 each add'l hr. 172 Resident, Resident Non-Profit $270.00 first 5 hours 173 Resident, Resident Non-Profit $67.00 each add'l hr. 174 Groups 401-500 People
175 Deposit $450.00 deposit
176 Non-Orange Based Business $1,080.00 first 5 hours
177 Non-Orange Based Business $270.00 each add'l hr.
178 Orange Based Business $1,020.00 first 5 hours
179 Orange Based Business $255.00 each add'l hr.
180 Non-Resident, Non-Resident Non-Profit $360.00 first 5 hours 181 Non-Resident, Non-Resident Non-Profit $90.00 each add'l hr. 182 Resident, Resident Non-Profit $340.00 first 5 hours 183 Resident, Resident Non-Profit $85.00 each add'l hr. 184 Groups 501 or More People
185 Deposit $500.00 deposit
186 Non-Orange Based Business $1,290.00 first 5 hours
187 Non-Orange Based Business $322.00 each add'l hr.
22 498

COMMUNITY SERVICES

FEE/CHARGE RATE UNIT NOTES
188 Orange Based Business $1,230.00 first 5 hours
189 Orange Based Business $307.00 each add'l hr.
190 Non-Resident, Non-Resident Non-Profit $430.00 first 5 hours 191 Non-Resident, Non-Resident Non-Profit $107.00 each add'l hr. 192 Resident, Resident Non-Profit $410.00 first 5 hours 193 Resident, Resident Non-Profit $102.00 each add'l hr. 194 All Purpose Courts:
195 Lighted
196 Deposit $50.00 deposit
197 Non-Resident - per hour $15.00 per hour 2 hour minimum 198 Resident - per hour $10.00 per hour 2 hour minimum
199
Approved City of Orange Youth Sports Non-Profit
Organizations $4.00 per hour 2 hour minimum
200 Non-Lighted
201 Deposit $50.00 deposit
202 Non-Resident $15.00 per hour 2 hour minimum
203 Resident $10.00 per hour 2 hour minimum
204
Approved City of Orange Youth Sports Non-Profit
Organizations $2.00 per hour 2 hour minimum
205 Athletic Fields:
206 Lighted
207 Deposit $50.00 deposit
208 Non-Orange Based Business $135.00 per hour 2 hour minimum 209 Orange Based Business $75.00 per hour 2 hour minimum 210 Non-Resident, Non-Resident Non-Profit $45.00 per hour 2 hour minimum 211 Resident, Resident Non-Profit $25.00 per hour 2 hour minimum 212
Approved City of Orange Youth Sports Non-Profit
Organizations $250.00 deposit
213
Approved City of Orange Youth Sports Non-Profit
Organizations $9.50 per hour 2 hour minimum
214 Non-Lighted
215 Deposit $50.00 deposit
216 Non-Orange Based Business $105.00 per hour 2 hour minimum 217 Orange Based Business $45.00 per hour 2 hour minimum 218 Non-Resident, Non-Resident Non-Profit $35.00 per hour 2 hour minimum 219 Resident, Resident Non-Profit $20.00 per hour 2 hour minimum 220
Approved City of Orange Youth Sports Non-Profit
Organizations $2.00 per hour 2 hour minimum
221 Premier - Lighted
222 Deposit $70.00 deposit
223 Ballfield Prep actual cost
224 Non-Orange Based Business $145.00 per hour 2 hour minimum 225 Orange Based Business $85.00 per hour 2 hour minimum 226 Non-Resident, Non-Resident Non-Profit $55.00 per hour 2 hour minimum 227 Resident, Resident Non-Profit - per hour $35.00 per hour 2 hour minimum 228 Premier Non-Lighted
229 Deposit $70.00 deposit
230 Ballfield Prep actual cost
23 499

COMMUNITY SERVICES

FEE/CHARGE RATE UNIT NOTES
231 Non-Orange Based Business - per hour $115.00 per hour 2 hour minimum 232 Orange Based Business - per hour $55.00 per hour 2 hour minimum 233 Non-Resident, Non-Resident Non-Profit $45.00 per hour 2 hour minimum 234 Resident, Resident Non-Profit $30.00 per hour 2 hour minimum 235 Maintenance Fee for High Impact and/or Repetitive Use actual cost 236 AV Equipment
237 Deposit $50.00 deposit
238
Approved City of Orange Youth Sports Non-Profit
(recreation based) $0.00 per use
239 Resident, Resident Non-Profit $20.00 per use
240 Non-Resident, Non-Resident Non-Profit $25.00 per use 241 Orange-Based Business $40.00 per use
242 Non-Orange Based Business $50.00 per use
243 Sports Center at Grijalva Park:
244 Gymnasium
245 Deposit $200.00 deposit
246 Non-Orange Based Business $175.00 per hour 2 hour minimum 247 Orange Based Business $150.00 per hour 2 hour minimum 248 Non-Resident, Non-Resident Non-Profit $95.00 per hour 2 hour minimum 249 Resident, Resident Non-Profit $65.00 per hour 2 hour minimum 250
Approved City of Orange Travel Ball / Club /
Competitive Youth Sports Non-Profit $65.00 per hour 2 hour minimum 251
Approved City of Orange Recreation Based Youth
Sports Non-Profit $45.00 per hour 2 hour minimum
252 Classroom A
253 Deposit $40.00 deposit
254 Non-Orange Based Business $50.00 per hour 2 hour minimum 255 Orange Based Business $40.00 per hour 2 hour minimum 256 Non-Resident, Non-Resident Non-Profit $30.00 per hour 2 hour minimum 257 Resident, Resident Non-Profit $20.00 per hour 2 hour minimum 258 Classroom B
259 Deposit $40.00 deposit
260 Non-Orange Based Business $50.00 per hour 2 hour minimum 261 Orange Based Business $40.00 per hour 2 hour minimum 262 Non-Resident, Non-Resident Non-Profit $30.00 per hour 2 hour minimum 263 Resident, Resident Non-Profit $20.00 per hour 2 hour minimum 264 Classroom AB
265 Deposit $75.00 deposit
266 Non-Orange Based Business $100.00 per hour 2 hour minimum 267 Orange Based Business $80.00 per hour 2 hour minimum 268 Non-Resident, Non-Resident Non-Profit $60.00 per hour 2 hour minimum 269 Resident, Resident Non-Profit $40.00 per hour 2 hour minimum 270 Dance Room
271 Deposit $75.00 deposit
272 Non-Orange Based Business $100.00 per hour 2 hour minimum 273 Orange Based Business $80.00 per hour 2 hour minimum 274 Non-Resident, Non-Resident Non-Profit $60.00 per hour 2 hour minimum 275 Resident, Resident Non-Profit $40.00 per hour 2 hour minimum 24 500

COMMUNITY SERVICES

FEE/CHARGE RATE UNIT NOTES
276 Senior Citizen Center:
277 Large Banquet Room
278 Deposit $500.00 deposit
279 Facility Cleaning actual cost
280 Non-Orange Based Business $600.00 1st 5 hours
281 Non-Orange Based Business $120.00 each add'l hr.
282 Orange Based Business $600.00 1st 5 hours
283 Orange Based Business $120.00 each add'l hr.
284 Non-Resident, Non-Resident Non-Profit $600.00 1st 5 hours 285 Non-Resident, Non-Resident Non-Profit $120.00 each add'l hr. 286 Resident, Resident Non-Profit $500.00 1st 5 hours
287 Resident, Resident Non-Profit $100.00 each add'l hr. 288 Meeting Rooms:
289 Deposit $75.00 deposit
290 Non-Orange Based Business $50.00 per hour
291 Orange Based Business $50.00 per hour
292 Non-Resident, Non-Resident Non-Profit $50.00 per hour 293 Resident, Resident Non-Profit $30.00 per hour
294
Cancellations (excluding Senior Center large banquet
room):
295 30 Days Prior to Event
296 29 to 14 Days Prior to Event
297 13 Days Prior to Event or Fewer
298 Cancellations (Senior Center large banquet room):
299 Written, 60 Days Prior to Event
300 Written, 59 to 45 Days Prior to Event
301 44 Days Prior to Event or Fewer
Full refund less $100.00
Forfeit Rental Fee
Full refund less $10.00
Full refund less $50.00
Forfeit Rental Fee
Full refund less $10.00
25 501

FINANCE

FEE/CHARGE RATE UNIT NOTES
1 Returned Check Charge - 1st check $25.00 each
2 Returned Check Charge - subsequent check $35.00 each
3 Accounts Receivable Delinquent Penalty
4 (The Finance Director or his designee
shall have the authority to waive a
penalty fee on a case by case basis
when appropriate.)
5 After 30 Days 20%
outstanding
balance
6 After 60 Days 30%
outstanding
balance
7 Business Licenses:
8 New Business License Application $76.00 each
9 Annual Renewal Processing Fee:
10 Paper $41.00 each
11 Online $26.00 each
12 Duplicate Certificate $10.00 each
13 Change of Location $10.00 each
14 Massage Permit - includes material + inspection $250.00 each 15 Initial Regulatory Permit Application $100.00 each
16 Secondhand Dealer Renewal Permit $40.00 each
17 Police Regulatory Permit Review $30.00 each
18 Firearm Regulatory Permit Renewal $40.00 each
19 Delinquent Penalty 25% per month Not to exceed 100%
20 Non-compliance Penalty:
21 After 90 Days for Renewals $50.00 each
22 After 45 Days for New Applicants $50.00 each
23 Short Term Rental Permit $250.00 each
24 Fines for Violations of Short Term Rental Regulations:
25 1st Offense:
26 Minor Offense $250.00
27 Major Offense $1,000.00
28 2nd Offense:

Within any continuous period
of 12 months in connection
with the same property
29 Minor Offense $500.00
30 Major Offense $1,500.00
31 3rd and Subsequent Offenses:

Within any continuous period
of 12 months in connection
with the same property
32 Minor Offense $1,000.00
26 502
FIRE

FEE/CHARGE RATE UNIT NOTES
1 Paramedic Services
2 Annual Paramedic Subscription Program $60.00 per year 3 Additional 10 employees/residents for businesses and
congregate living facilities (11-100 persons) $60.00
per 10
employees/reside
nts (11-100)
4 Additional 10 employees/residents for businesses and
congregate living facilities (over 100 persons) $50.00
per 10
employees/reside
nts (over 100
persons)
5 Basic Life Support (BLS) $405.00 per call
6 Advanced Life Support (ALS) $508.00 per call
7 Transport Fees $1,876.24 each
8 Mileage $19.51 per mile
9 Emergency Transport Standby Time $132.10 per 30min after the first 30min 10 Late Fees for Haz Mat Disclosure
11 After 30 days 20%
annual disclosure
fee
12 Incomplete form submittal after 30 days 20%
annual disclosure
fee
13 After 45 days Additional 30%
annual disclosure
fee
14 Incomplete form submittal after 45 days Additional 30% annual disclosure
fee
15 Hazardous Materials Specialist consultation charge for failure to disclose $60.00 each
16 Penalty for failure to comply with precautions against fire and the spread of fire $350.00 each
17 False Alarms
18 Excess of 1 alarm in any 30 day period $174.00 each 19 Excess of 2 alarms in any 6 month period $174.00 each 20 Failure to Notify of Testing or Work on
System $174.00 each
21 Valid Code Complaint (billed to violator) actual cost 22 ANNUAL FIRE PERMITS/SPECIAL EVENT:
23 Inspections:
24 Apartments:
25 3-25 units $85.00 per inspection
26 26-75 units $285.00 per inspection
27 76-150 units $400.00 per inspection
28 151-250 units $660.00 per inspection
29 251-350 units $808.00 per inspection
30 351-450 units $955.00 per inspection
31 Waste Handling - Including Wrecking Yards, Junk Yards, and Waste Material Handling $280.00 each
32 Open Burning - Excluding Recreational Fires $232.00 each 33 Open Flames & Candles $232.00 each
34 Cellulose Nitrate Film in Group A Occupancy $47.00 each 27 503
FIRE

FEE/CHARGE RATE UNIT NOTES
35 Combustible Fiber Storage or Handling in Excess of 100 Cubic Feet $187.00 each
36 Cryogenics Fluids Not Requiring Hazardous Materials
Disclosure $47.00 each
37 Dry Cleaning $187.00 each
38 Dust Producing Operation - Combustible Dust $93.00 each 39 Repair Garages - Includes Associated Fuel Dispensing $47.00 each 40 High Piled Storage in Excess of 500 Square Feet $140.00 each 41 Lumber Yard or Woodworking Plant $280.00 each
42 Magnesium - Melting, Casting, Heat-Treating or Grinding an Amount in Excess of 10 Pounds $93.00 each
43 Organic Coatings - Production in Excess of 1 Gallon per Day $140.00 each 44 Ovens, Industrial Baking or Dry $93.00 each
45 Tank Vehicles $47.00 each
46 Temporary Membrane Structures and Tents $232.00 each 47 Hot Work; or Cutting or Welding $47.00 each
48 Explosives - Explosive Materials, Fireworks or Pyrotechnic Special Effects $309.00 per hour 2 hour minimum
49 Flammable or Combustible / Liquid Pipeline Operation / Excavation $322.00 per hour 2 hour minimum
50 Buildings Originally Constructed to High-Rise Standards - Less than 75 Ft. in Height $1,545.00 each
51 High Rise Building $1,854.00 each
52 Mall Buildings, Covered or Open - Placement of Fixtures, Displays or Equipment; Display of Liquid or Gas-Fired
Eqiupment; or Use of Open-Flame or Flame-Producing
Equipment
53 Temporary Kiosks $154.00 each
54 Open flame / flame producing devices $154.00 each
55 Parade Floats $39.00 each
56 Places of Assembly $187.00 each
57 Spraying or Dipping - Utilization of Flammable or Combustible Liquids or Combustible Powder $93.00 each
58 Tire Rebuilding Plant $93.00 each
59 Care Facilities:
60 7-99 Occupants $348.00 each
61 100-199 occupants $463.00 each
62 200+ occupants $502.00 each
63 New Facility Inspection Fee:
64 25 clients or less $463.00 each
65 26+ clients $502.00 each
66 Hospitals & Convalescent:
67 1-99 beds $348.00 each
68 100-199 beds $463.00 each
69 200+ beds $502.00 each
70 Day Care Facilities
28 504
FIRE

FEE/CHARGE RATE UNIT NOTES
71 Non-Residential Based $232.00 each
72 General Use Permits $163.00 per hour
73 Fireworks Display - min 2 hours $309.00 per hour 2 hour minimum 74 Spill Response:
75 Up to 5 gallons $894.00 each
76 Over 5 gallons actual cost
77 After Hours Work Fire Safety Specialist $154.00 per hour 2 hour minimum 78 After Hours Work Hazardous Materials Specialist $161.00 per hour 2 hour minimum 79 After Hours Work Fire Plan Examiner $166.00 per hour 2 hour minimum 80 After Hours Work Fire Captain $201.00 per hour 2 hour minimum 81 Re-inspection Fee for Rejected Prevention Division Inspection $179.00 each 82 Report Fees $61.00 each
83 Non-Criminal Cause & origin Investigators Report $196.00 per hour 84 Non-Criminal Misc. Investigators Report $196.00 per hour 85 Non-Criminal SFD Investigators Report $196.00 per hour 86 Non-Criminal Commercial Occupancy Investigators Report $196.00 per hour 87 Standby Time Hazardous Materials Specialist $161.00 per hour 2 hour minimum 88 Change Hazardous Materials Contents of Underground
Storage Tank $561.00 per hour 2 hour minimum
89 Hazardous Materials - Store, Handle, Use Sell $561.00 per hour 90 Review HMMP Plans $154.00 per hour
91 Hazardous Materials - Disclosure Fees:
92 1 material $272.00 each
93 2-4 materials $433.00 each
94 5-9 materials $594.00 each
95 10-15 materials $674.00 each
96 16-20 materials $795.00 each
97 21-25 materials $996.00 each
98 26-30 materials $1,117.00 each
99 31-44 materials $1,238.00 each
100 45+ materials $1,399.00 each
101 Underground Tanks:
102 1 tank $705.00 each
103 2 tanks $866.00 each
104 3 tanks $1,027.00 each
105 4 tanks $1,188.00 each
106 5 tanks $1,349.00 each
107 Class I or II liquids Removal $322.00 each
108
To install, alter, remove, abandon, or temporarily place out of service $161.00 each
109
To change type of contents to a material other than
designed for - 2 hour min - per hour $161.00 per hour 2 hour minimum 110 Plan Check Hazmat Fee $161.00 per hour
111 Existing Tank Monitoring System Restart $644.00 each 112 Aerosol Products - Level 2 or 3 in excess of 500 pounds $140.00 each 29 505
FIRE

FEE/CHARGE RATE UNIT NOTES
113 Amusement Building $386.00 each
114 Aviation Facility $421.00 each
115 Carnival or Fair $309.00 per hour 2 hour minimum
116
Compressed Gas Not Requiring Hazardous Materials
Disclosure $140.00 each
117 Exhibits & Trade Shows - Min 2 hours $309.00 per hour 2 hour minimum 118 Flammable & Combustible Liquids $140.00 each
119
Floor Finishing - in Excess of 350 Sq. Ft. Using Class I or II liquids $154.00 each
120 Fruit & Crop Ripening - Using Ethylene Gas $140.00 each 121 Fumigation & Insecticidal Fogging $77.00 each
122
Hazardous Materials Not Requiring Hazardous Materials
Disclosure $140.00 each
123 Hazardous Production Materials Facility $309.00 each 124 Liquid or Gas-Fueled Vehicle(s) in an Assembly Building $154.00 each 125
Liquid Propane Gas Not Requiring Hazardous Materials
Disclosure $140.00 each
126
Miscellaneous Combustible Storage in Excess of 2,500 Cubic Feet $140.00 each
127
Open Flame or Torch - Removal of Paint or Use within a
Wildfire Risk Area $77.00 each
128
Private Fire Hydrant - Use or Removal from Service (1 hour min) $154.00 per hour 1 hour minimum
129
Pyrotechnic Special Effects Material - Use or Handling (1 hour min) $154.00 per hour 1 hour minimum
130
Pyroxylin Plastics - Storage or Handling in Excess of 25 Pounds; or Assembly or Manufacture of Products containing Pyroxylin Plastics $280.00 each
131 Mechanical Refrigeration Equipment Regulated by CFC $140.00 each 132 Rooftop Heliport $140.00 each
133
Storage of Scrap Tires & Tire Byproducts - Exterior Storage Exceeding 2,500 Cubic Feet; or Indoor Storage of Any Amount $280.00 each 134
Wood Products - Storage of Chips, Hogged Material, Lumber or Plywood in Excess of 200 Cubic Feet $140.00 each
135
Activity Related to Motion Picture, Television, or Commercial Production - Change of Building Use or Occupancy;
Attendance of Live Audience; Wrap Party; Use of Pyrotechnic Special Effect; Open Flame; Use of Flammable or Combustible Liquid or Gas; $154.00 each
136 2nd and subsequent Re-Inspection for Same Violation. $292.00 each 137 FIRE CONSTRUCTION PERMITS:
138 Fire Protection Systems:
139 New:
30 506
FIRE

FEE/CHARGE RATE UNIT NOTES
140 1-5 devices $966.00 each
141 6-15 devices $1,207.00 each
142 16-30 devices $1,610.00 each
143 31-50 devices $2,253.00 each
144 Each additional 50 devices or portion thereof $322.00 145 Modifications:
146 1-5 devices $644.00 each
147 6-15 devices $724.00 each
148 16-30 devices $1,046.00 each
149 31-50 devices $1,207.00 each
150 Each additional 50 devices or portion thereof $322.00 151 Fire Sprinklers - 13 / 13D / 13R:
152 New Construction:
153 Up to 50 Heads $1,449.00 each
154 50-100 Heads $2,012.00 each
155 Each additional 50 heads or portion thereof $322.00 156 Tenant Improvements / Modifications:
157 Up to 50 Heads $805.00 each
158 50-100 Heads $1,046.00 each
159 Each additional 50 heads or portion thereof $322.00 160 Preaction Fire Sprinklers:
161 New Construction:
162 Up to 50 Heads $1,932.00 each
163 50-100 Heads $2,253.00 each
164 Each additional 50 heads or portion thereof $322.00 165 Tenant Improvements / Modifications:
166 Up to 50 Heads $1,046.00 each
167 50-100 Heads $1,449.00 each
168 Each additional 50 heads or portion thereof $322.00 169 Underground Private Fire Service Line $1,851.00 each 170
Automatic Fire Extinguishing Systems (Hoods, spray booths, etc.) $644.00 each
171
Spraying or Dipping - Flammable or Combustible Liquids
Booths $805.00 each
172 Clean Agent Systems $1,127.00 each
173 Smoke Control Systems $2,897.00 each
174 Fire Pumps $1,610.00 each
175 Standpipe System $885.00 each
176 High Piled Storage $966.00 each
177 Dry Cleaning $644.00 each
178 Dust Production $805.00 each
179 Industrial Ovens $805.00 each
180
Carbon Dioxide System Exceeding 100 pounds of CO2 Used
in Beverage Dispensing Application $140.00 each
181 High Rise Building - Base (includes 6 floors) $3,219.00 each 182 High Rise Building - per additional floor $322.00 each 183 Temporary Membrane Structures and Tents $724.00 each 31 507
FIRE

FEE/CHARGE RATE UNIT NOTES
184 Tanks:
185 Underground Tanks:
186 First Tank $2,575.00 each
187 Each additional tank $483.00 each
188 Aboveground Tanks:
189 First Tank $966.00 each
190 Each additional tank $322.00 each
191 Vegetation Management Fuel Modifications $1,127.00 each 192 Special Events Application $121.00 each
193 Plan Check & Inspection Fees - Construction 10%
Building
Construction Plan
Check &
Inspection Fees
194 Miscellaneous Plan Review - per hour $161.00 each
195 Miscellaneous Services and Materials actual cost
196 Technology Fee (Fire Construction Permits) $5.00
32 508

LIBRARY

FEE/CHARGE RATE UNIT NOTES
1 Lost Library Card $2.00 each
2 Inter-Library Loan $2.00 each
3 Processing Fees Damaged & Lost Materials $5.00 each
4 Local History Reproduction
5 Commercial Use + Processing Fee $35.00 each
6 Personal Use $0.00 each
7 Local History Research
8 Obituary Request $25.00 per request
9 Extensive Research Request $35.00 per hour
10 Printing & Photocopying
11 Black & White $0.15 per copy
12 Color $0.35 per copy
Holds not picked up $0.50 per item
13 Facility Rentals
14 El Modena Community Room, Orange Public Library &
History Center Room A, Orange Public Library & History
Center Room B, Rotary Room
15 Deposit $100.00 deposit
16 Non-Profit in Orange $40.00 per hour 2.5 hour minimum 17 Non-Profit outside of Orange $45.00 per hour 2.5 hour minimum 18 For Profit in Orange $55.00 per hour 2.5 hour minimum 19 For Profit outside of Orange $65.00 per hour 2.5 hour minimum 20 Orange Public Library & History Center Room A & B
21 Deposit $100.00 deposit
22 Non-Profit in Orange $65.00 per hour 2.5 hour minimum 23 Non-Profit outside of Orange $70.00 per hour 2.5 hour minimum 24 For Profit in Orange $75.00 per hour 2.5 hour minimum 25 For Profit outside of Orange $80.00 per hour 2.5 hour minimum 26 Cancellation Fee $45.00 each
cancellation received less than
14 days from reservation date
27 Overtime Fee $45.00 each
room not vacated after a 15
minute grace period
28 Room Cleaning Fee $45.00 each
room not cleaned up and reset
to standard configuration
29 Equipment Rental
30 TV/DVD/Microphone
31 Deposit $100.00 deposit
32 Non-Profit in Orange $20.00 per rental
33 Non-Profit Outside of Orange $25.00 per rental
34 For Profit in Orange $30.00 per rental
35 For Profit Outside of Orange $35.00 per rental
33 509
POLICE

FEE/CHARGE RATE UNIT NOTES
1 ABC License (Alcoholic Beverage License); fee includes costs to conduct background investigation required by the ABC Dept and to process the application
2 New ABC License Application $5,000.00 deposit Billed at actual cost 3 Renewal ABC License Application $67.00 each
4 Bike License:
5 New Bike License $4.00 each Per Veh Code 69004
6 Renewal Bike License $2.00 each Per Veh Code 69004
7 False Alarms:
8 1st False Alarm $0.00 each
9 2nd False Alarm $0.00 each
10 3rd False Alarm $150.00 each
11 4th False Alarm $200.00 each
12 5th False Alarm $200.00 each
13 FINES:
14 Commercial Vehicle in Residential Areas $100.00 each 15 Handicapped Fine $300.00 each
16 Parking Fines $65.00 each
17 Party Calls / Noise Disturbance actual cost
18 Seventy-Two Hour Parking $150.00 each
19 Massage Operator Testing Service
20 Background Information $114.00 each
Plus DOJ live scan fee of $32
collected on behalf of DOJ
21 Testing Cost (initial or retake) $114.00 each
22 On Street Parking of Oversized Vehicles
23 Annual Permit / Sole Means of Transportation $15.00 per year 24 Seven-Day Visitor Permit $27.00 each
25 Other Fees
26 Business License Review $49.00 each
27 Citation Validation $30.00 each
28 Civil Subpeona - per subpeona $15.00 per subpeona Per Evid Code 1563 29 Copies of Citations - per citation $6.00 each
30 Digital Media CD / DVD Copy $25.00 each
31 Evidence Digital Media (Redacted) $24.00 per hour
Plus $6.00 USB cost, per Evid
Code 1563.b.1
32 Immigration Clearance Letter $30.00 each
33 Livescan $35.00 each
34 Local Background Check $30.00 each
Includes all third party
background checks
35 Notification Letter $30.00 each
Includes all types of notification
letters
36 Plan Check & Inspection Fees - Construction 3%
Building
Construction Plan
Check &
Inspection Fees
34 510
POLICE

FEE/CHARGE RATE UNIT NOTES
37 Private Property Impound $18.00 each
38 Photocopy
39 Black & White Copy $0.15 per page
40 Color Copy $0.25 per page
41 Tow Truck Driver Background - Initial $85.00 each
Plus DOJ live scan fee $32 and
City live scan fee $35
42 Tow Truck Driver Background - Renewal $65.00 each
43 Vehicle ID Verification - per vehicle $75.00 each
44 Vehicle Repossession $15.00 each Per Gov't Code 41612 45 Witness Fee $275.00 deposit per day
Per Gov't Code 68096.1, billed
at actual cost
46 Parking Permits
47 Business Parking Permit $30.00 each
48 Chapman Parking Permit $30.00
per student, per
year
49 Landlord Permit (Up to 1 permits per household) $29.00 each 50 3+ Units / Apartments (Up to 3 permits per household) $30.00 each 51 Duplex (Up to 4 permits per household) $30.00 each
52 Single-Family (up to 5 permits per household) $30.00 each 53 Retail Establishment Inspection-Firearms
54 Annual Inspection $88.00 each
55 Initial Inspection $221.00 each
56 Re-inspection Fee (upon 3rd inspection) $97.00 per hour 57 Tow Fees
58 OMC / CVC Tow Release $200.00 each Non-DUI
59 30-day Impound Release $245.00 each
60 DUI Arrest Tow Release $285.00 each
35 511

PUBLIC WORKS - ENGINEERING DIVISION

FEE/CHARGE RATE UNIT NOTES
1 DEVELOPMENT SERVICES:
2 Lot Line Adjustment $2,393.00 each
3 Certificate of Compliance $2,393.00 each
4 Certificate of Correction / Amended Map $2,392.00 each 5 Process Grading Application $345.00 each
6 Encroachment Permits:
7 Process Encroachment Application $327.00 each
8 Driveways - non-arterial $638.00 each
9 Driveways - arterial $1,147.00 each
10 Grease Interceptor $1,304.00 each
11 Sidewalk $567.00 each
12 Streetwork / Trench Repair:
13 0-100 feet $928.00 each
14 101-300 feet $1,288.00 each
15 301-500 feet $2,024.00 each
16 501-1000 feet $2,887.00 each
17 1,001-1,500 feet $3,608.00 each
18 1,501-2,000 feet $4,202.00 each
19 Minor Encroachment Permit $426.00 each
20 Utility Lateral for house connection on residential streets $1,005.00 each 21 Fire Service Connection $1,854.00 each
22 ENGINEERING SERVICES:
23 Flood Zone Written Notice $392.00 each
24 Street Addressing $789.00 each
25 Summary Abandonment $1,642.00 each
26 Full Abandonment $1,642.00 each
27 Quit Claims $1,642.00 each
28 Grease Interceptor License $7,500.00 each
29 Simple Research & CD Prep $266.00 each
30 Map Sheets $208.00 each
31 Sewer Frontage Charges - per l.f. $155.00 per linear foot Irregularly shaped lots will be
evaluated on a case by case basis
32 Waste Bins and Pods $228.00 each
33 DEPOSIT-BASED FEES:
34 Tract Development $10,000.00 deposit Billed at actual cost 35 Tract or Parcel Map (Map Only) $2,000.00 deposit Billed at actual cost 36 Non-Priority Water Quality Management Plan (WQMP)
Review $500.00 deposit Billed at actual cost
37 Priority Water Quality Management Plan (WQMP) Review $1,000.00 deposit Billed at actual cost 38 Grading Plan Review & Inspection $3,000.00 deposit Billed at actual cost 39 Large Encroachment Projects or Streetwork / Trenchwork 2,001 ft. or greater $5,000.00 deposit Billed at actual cost 40 Annual Blanket Encroachment Permit $30,000.00 deposit Billed as needed at actual cost 41 Extensive Research $500.00 deposit Billed at actual cost 36 512

PUBLIC WORKS - FIELD SERVICES DIVISION

FEE/CHARGE RATE UNIT NOTES
1 Initial Inspection & Application - Mail Carriers, Newspaper Racks, Drop Off Boxes, Recycling Bins, etc. $100.00
2 Renewal Inspection - all boxes $50.00 each
3 Removal of Abandoned Shopping Cart $56.00 each
4 Banner Installation & Removal $259.00 each
5 Graffitti Removal:
6 0-50 sq. ft. $146.00 up to 50 sq ft.
7 Each addl sq. ft. $0.75 add'l sq. ft.
8 Old Towne Plaza Sidewalk Cleaning $1.57 per sq. ft.
10 Tree Removal $43.00
per inch at DBH
(Diameter at
Breast Height)
11 Tree Planting $293.00 per 24 in box tree
12 Outdoor Dining Permits
13 New $385.00 each
14 Renewal $205.00 each
37 513

PUBLIC WORKS - TRAFFIC DIVISION

FEE/CHARGE RATE UNIT NOTES
1 Neighborhood Permit Parking Program Application $500.00 each 2 Neighborhood Permit Parking Program Processing Fee $500.00 each 3 Transportation Permit
4 Per Trip $16.00 each
5 Annual $90.00 each
6 DEPOSIT-BASED FEES:
7 Transportation Demand Management Review and
Development Fee $500.00 deposit Billed at actual cost
8 Traffic Commission Appeal $500.00 deposit Billed at actual cost 9 TSIP Appeal Fee $500.00 deposit Billed at actual cost 10 Street Name Change $1,000.00 deposit Billed at actual cost 38 514

PUBLIC WORKS - WATER DIVISION

FEE/CHARGE RATE UNIT NOTES
1 FLAT FEES:
2 Plan Check & Inspection Fee
3 Water Service, no on-site water facilities $595.00 each 4 Broken Curb Stop $225.00 each
5 Pull Water Meter $175.00 each
6 Utility Account Establishment $50.00 per account
7 As of Last Read Establishment Fee $25.00 per account
8 Reconnection Fee - during business hours $70.00 each
9 After Hours Reconnection Surcharge $100.00 each
10 Meter Testing $239.00 deposit Billed at actual cost
11 Research Fee $25.00 each
12 Monitoring Well Permit $151.00 per application
13 Returned Payment Processing Charge $25.00 each
14 Service Call / Door Hanger $35.00 each
15 Delinquent Surcharge $30.00 each
16 Backflow Prevention Inspection $342.00 each
17 Water Main Connection Charge
18 Below Elevation 400
19 Residential $1,500.00 per acre
20 Commercial $1,760.00 per acre
21 Industrial $2,020.00 per acre
22 Above Elevation 400
23 All Uses $2,290.00 per acre
24 Commercial and Industrial Developments with Multi-
Story Structures $0.22
per sq. foot of
total building
area
25 Water Collection Delinquent Penalty (After 25 Days) 10% outstanding
balance
26 City Sanitation Services Delinquent Penalty (After 25 Days) 10% outstanding
balance
27 DEPOSIT-BASED FEES:
28 Plan Check & Inspection Fees:
29 Small Development, no on-site water pipeline $2,000.00 deposit Billed at actual cost 30 New development with on-site piepline $4,000.00 deposit Billed at actual cost 31 Metered Services (complete installation by city)
32 3/4" $3,500.00 deposit Billed at actual cost
33 1" $4,000.00 deposit Billed at actual cost
34 1.5" $4,500.00 deposit Billed at actual cost
35 2" $5,000.00 deposit Billed at actual cost
36 Hot Taps by City (Trench Excavation by contractor)
37 4" Laterals $2,600.00 deposit Billed at actual cost
38 6" Laterals $3,200.00 deposit Billed at actual cost
39 8" Laterals $4,200.00 deposit Billed at actual cost
40 10" Laterals $5,000.00 deposit Billed at actual cost 41 12" Laterals $5,800.00 deposit Billed at actual cost 42 Construction Meter Charges
43 Daily Rental Fee $2.75 per day
39 515

PUBLIC WORKS - WATER DIVISION

FEE/CHARGE RATE UNIT NOTES
44 2 1/2" Meter Installation Charge $1,500.00 deposit Billed at actual cost 45 4" Meter Installation Charge $3,000.00 deposit Billed at actual cost 46 6" Meter Installation Charge $5,000.00 deposit Billed at actual cost 40 516

ANIMAL CONTROL AND SHELTER FEES
Fee
1 I. Fees for Animal Licenses
2 Annual Dog Licenses (12 months)
3 a. Non-neutered $159
4 b. Neutered (Note 1) $42
5 c. Neutered, Sr. Citizen and Military discout (Note 2) $21 6 d. Puppy, 6 months old or younger $42
7 Cat License (12 months)
8 a. Non-neutered $9
9 b. Neutered $9
10 Other
11 a. Reissue of lost dog or cat license tag $9
12 b.Transfer of dog or cat licence $9
13 c. Assistance dog licence $11
14 d. Police / Law Enforcement $11
15 e. Exotic Animal Permit
16 Per Aviary $500
17 Per Species $500
18 f. Animal Permit (per household per year)
19 more than three (3) animals $627
20 more than three (3) animals - Nonprofit $627 21 Late Fee $48
22 Non-Compliance Fee- Collections $58
23 Non-Compliance Fee $150
24 Rabies Vaccination Exemption Fee-New $65
25 4-1-95 Declared Dog
26 a. 4-1-95 Declared Dog Permit $692
27 28 II. Fees For Animal Business Licences
29 Application Fee (Note 3) $138
Penalty Fee (Note 4) 25%
30 Re-inspection Fee $466
31 Commercial Kennels Permit-Modified
32 a. under 30 animals $650
33 b. over 30 animals $750
34 Pet Shop
35 a. Aquatic Only $1,000
36 b. Pet Shop $1,000
37 Fixed Locations Grooming Parlor (per year) $525
38 Mobile Groomers
39 a. Field Inspection $500
40 b. OCAC Inspection $400
41 Animal Rental Establishment (per year) $500
42 Permanent Animal Exhibition (per year) $707
43 Temporary Animal Exhibition
44 a. First day $150
45 b. Additional day (not to exceed per year max) $75
41 517

ANIMAL CONTROL AND SHELTER FEES
Fee
46 Commercial Stable (per year)
47 a. 1-49 horses $750
48 b. 50-99 horses $900
49 c. 100 or more $1,500
50 Circus (billed as hourly rate) (Note 5)
51 Business Licensing Hourly Rate $145
52 Vet Services Hourly Rate $123
53 Rodeo (billed as hourly rate) (Note 6) $145
54 III. Fees For Animals Impounded
55 Daily Feed and Care
56 a. Large animal $155
57 b. Medium animal $101
58 C.Dog or Cat $68
59 d. All other animals $50
60 Veterinary Services
61 a. Rabies Vaccination $10
62 b. Services performed by County staff, per qtr. Hr. at cost 63 C. Emergency services performed by other than County $100 64 staff, per treatment (Note 10)
65 d. Other procedures (Note 7) N/A
66 e. Owner Requested Euthanasia $132
67 Health Related Grooming
68 a. Minor (Note 8) $21
69 b. Major $90
70 Health Related Bath
71 a. Small $24
72 b. Medium $33
73 c. Large $50
74 Disposal Options
75 Rendering $19
76 Impound Fees- Modified
77 Brought in by Field Officers
78 a. Large animal (horse, cow, etc.) $171
79 b. Medium animal (pig, sheep, etc.) $134
80 c. Dog, cat or other small animal* $175
81 Brought in by Citizens/ Over the Counter
82 a. Large animal (horse, cow, etc.) $126
83 b. Medium animal (pig, sheep, etc.) $99
84 c.Dog, cat or other small animal* $134
85 Owner Requested Disposal from Field
86 a. Large animal (horse, cow, etc.) $232
87 b. Medium animal (pig, sheep, etc.) $138
88 c. Dog, cat or other small animal* $32
89 Placement Fees
90 a. Dog
91 Days 1-5 after being made available $53
92 Days 6-30 after being made available $20
93 Day 31 and over after being made available $0
42 518

ANIMAL CONTROL AND SHELTER FEES
Fee
94 b. Cat
95 Days 1 after being made available $53
96 Days 2 after being made available $0
97 c. Exotic animals, including birds and reptiles $51
98 d. Other animals (except livestock) N/A
99 e. Livestock
Lower of
actual cost
or market
100 f. Sr. Animal for Sr. Citizen - Dog
101 Dog $0
102 Cat $0
103 Microchip
104 a. Implant & Registration Fee $14
105 b. Home Again Re-Registration Only Fee (Note 9) $0
106 c. Home Again New Registration Only Fee (Note 9) $0 107 d. Avid Registration Only Fee $1
108 Canine Spay / Neuter Fee $75
109 Feline / Rabbit Spay Neuter Fee $75
110 Relinquishment Fee (Owner Surrender) $34
111 Deceased Animal Disposal (at shelter) Fee $13
112 Quarantine Fee $145
113 Animal Delivery Fee $54
114 Vicious Declaration Fee $1,571
115 4-1-95 Non- Compliance Fee $899
116 Taxable Sales
117 a. Cat carrier fee $4
118 b. Animal leash fee $1
119 c. Pet ID tag (Unlicensed) $2
120 Sedation Fee $15
Notes:

Note 1 - Per CA Food and Agri. Code § 30804.5, fees for sterilized animals shall be issued at no more than 50% of the fee for unsterilized animals.

Note 2 - Sr. Citizen and Military (active and veteran) fee for sterilized animals is equal to 50% of the regular fee for sterilized animals (see Note 1).

Note 3 - The Application fee is a non-refundable deposit toward the license fee.

Note 4 - Penalty Fee is 25% of fee for animal business licenses not renewed within 30 days after expiration of the previous license, or for licenses not timely obtained.

Note 5 - Circus fee is an hourly rate; the fee will be a billing by hour or portion thereof at an hourly rate of $145 for Business License staff time; and at a rate of $123.00 for Veterinary Services staff time.

Note 6 - Rodeo fee is an hourly rate; the fee will be a billing by hour or portion thereof at an hourly rate of $145 for Business License staff time;
Note 7 - Vet Services - Other Procedures (Column G amount) is an estimate based on the current fees and fee units reported in Chameleon Sys. Account Code Summary Report (FY 2014-15).

Vet Services - Other Procedures (Column H amount) is the sum total of a separate fee calculation for each of these fees, using the Vet Services hourly rate plus actual cost of supplies. 43 519

ANIMAL CONTROL AND SHELTER FEES
Fee
Note 8 - Per program staff, there is no S&EB or S&S related cost relating to this fee.

Currently Minor grooming is performed by volunteers.

Note 9 - Per program staff, there is no staff program related cost associated with this fee.

Note 10 - Program plans to charge the emergency veterinarian service at actual cost. The $100 rate is only for the estimates, subject to change during contract negotiations with vendors.

Note 11 - The total does not agree to the $17,244,201 of User Fee Related Service Costs in Attachment A. This is due to the various methodologies in the fee calculations. Variance is within a reasonable amount. 44 520
Agenda Item
City Council
Item #: 9.1. 1/9/2024 File #: 23-0797
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Public Hearing to consider a Resolution approving an amended and restated Solid Waste Franchise Agreement between the City of Orange and CR&R, Inc. to establish solid waste rates; and finding of CEQA exemption.

2. SUMMARY
The City of Orange continues to navigate the most rigorous solid waste landscape in California history. The proposed amended and restated Franchise Agreement enhances and expands services to meet unfunded State requirements placed on the City of Orange. The amended and restated contract also provides services that are consistent with common municipal solid waste franchises.

The proposed rate adjustment aligns within the median of similar rates with other north Orange County cities. Proposition 218 notices for this public hearing were mailed in November 2023 to residents and businesses pursuant to Section 53755 of the Government Code.

3. RECOMMENDED ACTION

1. Conduct and close Public Hearing.

2. Adopt Resolution No. 11518. A Resolution of the City Council of the City of Orange approving an amended and restated integrated solid waste management and street sweeping services agreement with CR&R Incorporated.

3. Approve a Franchise Agreement with CR&R. Inc. for solid waste collection services for 10 years beginning February 1, 2024, with one optional five-year extension; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. Allow the City Manager to make minor changes to the Franchise Agreement with CR&R, Inc. prior to execution that are clerical in nature or minor adjustments necessary to effectuate the intent of the Franchise Agreement.

5. Find that the proposed Franchise Agreement is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15061(b)(3) (Common Sense Exemption) and 15308 (Class 8 Exemption).

4. FISCAL IMPACT
The projected revenue in the first year of the contract is approximately $8.1 Million for road mitigation payment and various administrative costs. The projected revenue for road mitigation payment and administrative costs for the second through tenth year is approximately $2.1 Million, per year, City of Orange Printed on 1/4/2024Page 1 of 6
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521
Item #: 9.1. 1/9/2024 File #: 23-0797
adjusted annually by the consumer price index.

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

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

6. DISCUSSION AND BACKGROUND
Introduction
CR&R Inc. (CR&R) has served the solid waste needs of the City since 2009. Pursuant to Public Resources Code Section 40059, the City may provide for the collection and disposal of solid waste either by providing the service itself or by contracting out all or part of the service or by a permit system. The City’s current exclusive Franchise Agreement for solid waste collection with CR&R began on January 1, 2020, and is set to terminate on June 30, 2025. The current contract provides basic solid waste services under a rate schedule that is increasingly difficult for the franchise hauler to sustain economically. High labor costs, expensive equipment and capital requirements, and increasingly stringent and difficult regulatory demands all severely impact the solid waste marketplace in California. While the City of Orange continues to negotiate some of the lowest solid waste rates in the County, we also recognize that our rates have been historically low and that the contract does not provide many of the terms and services that are commonplace in other municipal solid waste contracts. Additionally, rates have not been sufficient to ensure the financial certainty needed for stabilizing rates in the long term and ensuring that the contractor can make long term commitments for labor and equipment needed to provide quality service. These commitments are important to improve and maintain reliable and consistent service. Newer solid waste contracts that have been negotiated in neighboring cities such as Santa Ana, Anaheim, and Tustin have confirmed the difficult economics of our current rate structure and highlighted various services that have not been provided in earlier contracts.

The proposed amended and restated agreement would take effect on February 1, 2024, and would run for ten years from February 1, 2024, to January 31, 2034, with one optional five-year mutually agreed upon extension. Long-term contracts are common for municipal solid waste services due to the high capital cost and the logistics of solid waste service. The proposed initial rate adjustment would be effective February 1st with the next scheduled rate adjustment not taking place until July 1, 2025. The amended and restated agreement includes the following notable terms:
· Indemnification clauses, restated, protecting the City on these State solid waste mandates: AB 341, AB 1826, AB 1594, and SB 1383. This ensures CR&R provides protection for the City avoiding the potential fines of $10,000 per day for noncompliance with SB 1383. · CR&R ensures that the City shall meet the procurement requirements in SB 1383 in the form of compost, mulch, and recycled natural gas for vehicles. · Provides three full-time compliance coordinators tasked with assisting businesses with solid waste compliance of SB 1383 until compliance is reached. · Provides a one-time payment of $6,000,000 for retroactive road mitigation repairs. · Provides annual street pavement mitigation funding of approximately $2,000,000 adjusted by City of Orange Printed on 1/4/2024Page 2 of 6
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Consumer Price Index (CPI) annually.
· Addition of four solid waste collection events and an additional second compost giveaway annually.
· Expanded edible food recovery services to maintain compliance with SB 1383. · Provides additional bulky item collection opportunities for all residential customers at no extra charge. In addition, commercial customers shall receive an initial amount of bulky item collection at no extra charge. Previously, commercial customers were charged for all bulky item collection services.
· Provides customers with an online platform to accept service requests. · Additional quality assurance measures on CR&R’sequipment and the ability for customers to request a refund for missed service.
· Youth programs focusing on recycling will be offered at public locations such as the City’s libraries.

At the time the current contract was adopted, revisions in California’ssolid waste legislation, SB 1383, were still being finalized. This Franchise Agreement ensures that the City remains compliant with this unfunded State mandate. There are currently four mandates that are not funded by the State, so costs must continue to be funded through solid waste rates charged to residential and business customers. They are as follows:
· AB 341: Mandatory Commercial Recycling (AB 341)
· AB 1826: Mandatory Commercial Organics Recycling (AB 1826) · AB 1594: Green Material Used as Alternative Daily Cover (AB 1594) · SB 1383: Short-Lived Climate Pollutants: Organics Waste Methane Emissions Reductions (SB 1383)
The current contract also does not provide for many of the additional services that are commonplace in most solid waste contracts in our neighboring cities. Under the amended and restated contract, expanded services include more frequent access to large item disposal for residential, multi-family, and commercial customers to reduce dumping to keep up with demand and improve cleanliness of our public spaces.

The proposed amended and restated contract also includes support for infrastructure damage caused by solid waste trucks. Utilizing methodology (see attached memo) to determine the level of pavement deterioration caused by solid waste trucks, an impact cost was established to reimburse the City for costs related to pavement damage. Under the proposed amended and restated contract, CR&R would provide a one-time payment of $6.0 million towards retroactive pavement damage and would also provide an on-going annual payment of approximately $2.0 million towards mitigating on- going damage. The annual payment would then be adjusted by the CPI annually.

Solid Waste Rates
The amended and restated Franchise Agreement includes proposed rates that will remain at the median or below, comparable northern Orange County solid waste rates and are guaranteed City of Orange Printed on 1/4/2024Page 3 of 6
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median or below, comparable northern Orange County solid waste rates and are guaranteed effective from the term of the Franchise Agreement. These cities include Anaheim, Brea, Fullerton, Garden Grove, Irvine, Placentia, Santa Ana, Tustin, Villa Park, and Yorba Linda. This guarantee remains effective for the life of the Franchise Agreement. The following are lists of those cities’rates for residential (3-cart system) and commercial (3-yd bin serviced once per week):

City Residential Rate City Commercial Rate
Irvine $17.87 Orange (Current) $93.63
Tustin $19.06 Irvine $140.47
Orange (Current) $20.56 Tustin $150.74
Orange (Proposed) $24.93 Brea $176.81
Santa Ana $24.94 Orange (Proposed) $183.69
Brea $25.28 Villa Park $183.70
Fullerton $26.29 Yorba Linda $189.55
Garden Grove $27.29 Santa Ana $203.49
Anaheim $27.78 Anaheim $206.17
Yorba Linda $31.35 Garden Grove $206.98
Villa Park $37.47 Placentia $210.19
Placentia $37.85 Fullerton $212.12
The amended and restated Franchise Agreement ensures city residents and businesses are compliant with State Law by expanding and enhancing required services. As the State will not assist in funding these services, the waste rates must be adjusted to facilitate the funding of those services.

In the amended and restated Franchise Agreement, single-family and multi-family dwellings with cart service will continue to be charged a base rate, which includes a refuse cart, a recycling cart, and an organics waste cart. Customers may continue to choose to take additional carts for an additional surcharge or select a reduced cart size with a reduced rate. Commercial customers and multi-family dwellings with bin service are charged a monthly rate based on the number and size of bins, and the number of weekly pickups.

The amended and restated Franchise Agreement includes a clearly defined formula for adjusting the rates for inflation in labor, fuel, vehicle, insurance, and other operating costs, as well as adopted increases in the wholesale cost of disposal. Each rate adjustment includes an annual CPI adjustment represented over a twelve-month period. If approved, the initial rates will go into effect on February 1, 2024. The residential and commercial rates will be automatically adjusted each year on July 1, starting on July 1, 2025, over a period not to exceed five years based on the defined formula pursuant to Section 53756 of the Government Code.

Commercial Rates-Phased in Option
As an alternative option to the proposed commercial rates, a phased-in approach may be taken.

Rather than a single year adjustment, the commercial rates would be adjusted over two years. The first adjustment on February 1, 2024, would be 50% of the proposed single year adjustment with the remaining 50% being implemented on the second adjustment on July 1, 2025. In this alternate adjustment methodology, the commercial rates would remain the lowest of the northern nearby cities in the first adjustment but then on the second adjustment, commercial rates would be near the City of Orange Printed on 1/4/2024Page 4 of 6
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in the first adjustment but then on the second adjustment, commercial rates would be near the median. The table below highlights the proposed adjustments. Note that the rate for the second adjustment does not include the future CPI adjustment.

City Commercial Rate
Orange (Current) $93.63
Orange (Proposed-Year 1) $138.66
Irvine $140.47
Tustin $150.74
Brea $176.81
Orange (Proposed-Year 2) $183.69
Villa Park $183.70
Yorba Linda $189.55
Santa Ana $203.49
Anaheim $206.17
Garden Grove $206.98
Placentia $210.19
Fullerton $212.12
Should the two-year phase in for commercial rates be implemented, there will also be a two-year phase in of the retroactive road mitigation payment of $3.0M per year. The annual road mitigation payment will also drop to $1.0M in the first year, and then increase to the projected $2.0M per year for the remaining term of the contract.

Enhanced Quality Control
As part of the amended and restated Franchise Agreement, the City wanted to ensure that there would be enhanced quality control measures in place to improve solid waste services in Orange. The contract provides for the assessment of liquidated damages if service is not provided in accordance with the contract. Liquidated damages can be a mechanism used by the City to penalize CR&R. In prior contracts, multiple occurrences were required before liquidated damages could be assessed.

The amended and restated contract reduced the liquidated damages frequency to a single occurrence. Additionally, we have provided more specificity as to how services are to be delivered with the understanding that liquidated damages can be assessed for single instances such as missing a pick-up, failing to start sweeping during no parking periods, driving too fast, or other service delivery failures. There are also provisions in the contract to allow customers to request refunds should there be a lack of service from CR&R as the residents and businesses are paying directly for these services.

Recently, new sweeping equipment has been used within the City and with such an upgrade, cleaning and route efficiency have improved. The new economics of this contract will allow for further replacement of solid waste equipment and improved vehicle maintenance for the length of the Franchise Agreement. With new services required by the State, alternatively configured solid waste vehicles are needed for new routes. There are also additional quality control provisions that accompany the contract. For example, there will be vehicle inspections by a third-party to assist with ensuring vehicle safety and reducing the risk of potential leaks. All vehicles, both sweeping and solid City of Orange Printed on 1/4/2024Page 5 of 6
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ensuring vehicle safety and reducing the risk of potential leaks. All vehicles, both sweeping and solid waste, shall be equipped with fluid monitoring systems. This monitoring system would alert the driver immediately should a hydraulic or oil leak occur. A concurrent alert will also be sent to the operations manager to reduce the response time on cleanup efforts and to the Fleet Manager so a repair crew can be dispatched. This should minimize the impact of unforeseen leaks, should one occur, and mitigate route delays.

Conclusion
Upon approval of the amended and restated Franchise Agreement, CR&R will proceed with the enhanced civic programs and expanded support of city programs and services on February 1, 2024.

There is planned outreach and education to accompany the finalization of the Franchise Agreement.

This amended and restated Franchise Agreement will ensure stability and quality assurance for both residences and businesses for the next decade while also maintaining the City’scompliance with the State’s unfunded mandates.

7. ENVIRONMENTAL REVIEW
The California Environmental Quality Act, contained at Section 21000, et. seq. of the California Public Resources Code (“CEQA”)requires analysis of agency approvals of discretionary “projects.”A “project,”under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” Approval of the amended and restated Integrated Solid Waste Management and Street Sweeping Agreement (“Agreement”)is exempt from CEQA for the following reasons: (i) Section 15061(b)(3) of the State CEQA Guidelines (Common Sense Exemption) because it can be seen with certainty that there is no possibility that the continuation of the services provided for in the Agreement would have a significant effect on the environment; and (ii) Section 15308 of the State CEQA Guidelines (Class 8 Exemption) because continuation of the services provided for in the Agreement contains several regulatory mandates for complying with state law regarding the disposal of solid waste in a manner that ensures the protection of the environment. For these reasons, no further CEQA documentation is required.

8. ATTACHMENTS
· Resolution No. 11518
· Solid Waste Franchise Agreement between the City of Orange and CR&R Environmental Services, Inc.
· Solid Waste Rates Schedule 2024
· Memo CR&R Road Mitigation Impact Payment
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Agenda Item
City Council
Item #: 9.1. 1/9/2024 File #: 23-0797
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

3. RECOMMENDED ACTION

1. Conduct and close Public Hearing.

4. FISCAL IMPACT
The projected revenue in the first year of the contract is approximately $8.1 Million for road mitigation payment and various administrative costs. The projected revenue for road mitigation payment and administrative costs for the second through tenth year is approximately $2.1 Million, per year, City of Orange Printed on 1/4/2024Page 1 of 6
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adjusted annually by the consumer price index.

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

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

The proposed amended and restated agreement would take effect on February 1, 2024, and would run for ten years from February 1, 2024, to January 31, 2034, with one optional five-year mutually agreed upon extension. Long-term contracts are common for municipal solid waste services due to the high capital cost and the logistics of solid waste service. The proposed initial rate adjustment would be effective February 1st with the next scheduled rate adjustment not taking place until July 1, 2025. The amended and restated agreement includes the following notable terms:
· Indemnification clauses, restated, protecting the City on these State solid waste mandates: AB 341, AB 1826, AB 1594, and SB 1383. This ensures CR&R provides protection for the City avoiding the potential fines of $10,000 per day for noncompliance with SB 1383. · CR&R ensures that the City shall meet the procurement requirements in SB 1383 in the form of compost, mulch, and recycled natural gas for vehicles. · Provides three full-time compliance coordinators tasked with assisting businesses with solid waste compliance of SB 1383 until compliance is reached. · Provides a one-time payment of $6,000,000 for retroactive road mitigation repairs. · Provides annual street pavement mitigation funding of approximately $2,000,000 adjusted by City of Orange Printed on 1/4/2024Page 2 of 6
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Consumer Price Index (CPI) annually.
· Addition of four solid waste collection events and an additional second compost giveaway annually.
· Expanded edible food recovery services to maintain compliance with SB 1383. · Provides additional bulky item collection opportunities for all residential customers at no extra charge. In addition, commercial customers shall receive an initial amount of bulky item collection at no extra charge. Previously, commercial customers were charged for all bulky item collection services.
· Provides customers with an online platform to accept service requests. · Additional quality assurance measures on CR&R’sequipment and the ability for customers to request a refund for missed service.
· Youth programs focusing on recycling will be offered at public locations such as the City’s libraries.

Solid Waste Rates
The amended and restated Franchise Agreement includes proposed rates that will remain at the median or below, comparable northern Orange County solid waste rates and are guaranteed City of Orange Printed on 1/4/2024Page 3 of 6
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median or below, comparable northern Orange County solid waste rates and are guaranteed effective from the term of the Franchise Agreement. These cities include Anaheim, Brea, Fullerton, Garden Grove, Irvine, Placentia, Santa Ana, Tustin, Villa Park, and Yorba Linda. This guarantee remains effective for the life of the Franchise Agreement. The following are lists of those cities’rates for residential (3-cart system) and commercial (3-yd bin serviced once per week):

Commercial Rates-Phased in Option
As an alternative option to the proposed commercial rates, a phased-in approach may be taken.

Rather than a single year adjustment, the commercial rates would be adjusted over two years. The first adjustment on February 1, 2024, would be 50% of the proposed single year adjustment with the remaining 50% being implemented on the second adjustment on July 1, 2025. In this alternate adjustment methodology, the commercial rates would remain the lowest of the northern nearby cities in the first adjustment but then on the second adjustment, commercial rates would be near the City of Orange Printed on 1/4/2024Page 4 of 6
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in the first adjustment but then on the second adjustment, commercial rates would be near the median. The table below highlights the proposed adjustments. Note that the rate for the second adjustment does not include the future CPI adjustment.

Recently, new sweeping equipment has been used within the City and with such an upgrade, cleaning and route efficiency have improved. The new economics of this contract will allow for further replacement of solid waste equipment and improved vehicle maintenance for the length of the Franchise Agreement. With new services required by the State, alternatively configured solid waste vehicles are needed for new routes. There are also additional quality control provisions that accompany the contract. For example, there will be vehicle inspections by a third-party to assist with ensuring vehicle safety and reducing the risk of potential leaks. All vehicles, both sweeping and solid City of Orange Printed on 1/4/2024Page 5 of 6
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ensuring vehicle safety and reducing the risk of potential leaks. All vehicles, both sweeping and solid waste, shall be equipped with fluid monitoring systems. This monitoring system would alert the driver immediately should a hydraulic or oil leak occur. A concurrent alert will also be sent to the operations manager to reduce the response time on cleanup efforts and to the Fleet Manager so a repair crew can be dispatched. This should minimize the impact of unforeseen leaks, should one occur, and mitigate route delays.

Conclusion
Upon approval of the amended and restated Franchise Agreement, CR&R will proceed with the enhanced civic programs and expanded support of city programs and services on February 1, 2024.

There is planned outreach and education to accompany the finalization of the Franchise Agreement.

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE, CALIFORNIA,

APPROVING AN AMENDED AND RESTATED

INTEGRATED SOLID WASTE MANAGEMENT

AND STREET SWEEPING SERVICES

AGREEMENT WITH CR&R INCORPORATED

WHEREAS, the California Legislature, by enactment of the California Integrated Waste Management Act of 1989 (“AB 939”) (California Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions; and

WHEREAS, pursuant to the provisions of Public Resources Code Section 40059(a)(1), the City of Orange (“City”) is authorized to determine all aspects of solid waste handling which are of local concern; and

WHEREAS, City is obligated to protect the public health and safety of the residents and businesses of City, and collection of solid waste should be undertaken in a manner consistent with the exercise of City's obligations for the protection of public health and safety; and

WHEREAS, Public Resources Code Section 40059(a)(2) authorizes City to determine whether solid waste handling services are to be provided by exclusive or non -exclusive contract, whether the contract will be awarded with or without competitive bidding , and the terms and conditions of any such contract; and

WHEREAS, pursuant to California Public Resourc es Code Section 49300 and 49500 et seq., City has determined that the public health, safety, and well -being require that an exclusive franchise be awarded to a qualified company for the collection, transfer and transportation, recycling, processing, and disposal of solid waste and other services related to meeting the diversion goals required by AB 939, and other requirements of the California Integ rated Waste Management Act; and

WHEREAS, City and CR&R (“Parties”) entered into Agreement No. 5444, dated July 14, 2009, in which CR&R was granted an exclusive franchise for the collection, transfer and transportation, recycling, processing and disposal of solid waste and other related services in the City effective February 1, 2010, for an initial term of eight years. On September 12, 2017, Agreement No. 5444 was extended for two (2) additional years, through January 31, 2020; and

WHEREAS, based on new laws adopted by the State of California, the Parties entered into Agreement No. 5444A dated December 10, 2019, for both integrated solid waste management and street sweeping services, for an initial term of five and a half (5 ½) years, beginning January 1, 2020 and expiring June 30, 2025, and subject to extensions (“Agreement”); and

533
2 WHEREAS, the Parties now desire to make certain amendments to the Agreement to provide for a new term, rate adjustments, payment of retroactive road mitigation repairs, additional collection events, and other changes; and

WHEREAS, City declares its intention of maintaining reasonable rates and quality service related to the collection, transfer and transportation, recycling, processing, and disposal of soli d waste and other services; and

WHEREAS, Parties continue to be mindful of the provisions of the laws governing the safe collection, transport, recycling, processing and disposal of solid waste, including AB 939, the Resource Conservation and Recovery Act (“RCRA”), and the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”). Parties desire to leave no doubts as to their respective roles and to memorialize that by entering into this Agreement, City is not hereby becoming an "arranger" or a "generator" as those terms are used in CERCLA, and it is CR&R, not City, who is "arranging for" the collection from premises in City, transport for disposal, composting or other processing, and recycling of municipal solid waste which may contain hazardous substances; and further to confirm that as a material induce ment to City entering into this Agreement, CR&R has agreed to fully indemnify City in connection with any claims, losses, liabilities, lawsuits or actions relating to the inadvertent or intentional collection, transpo rtation and/or disposal of hazardous materials that may occur in connection with CR&R’s performance under this Agreement; and

WHEREAS, Parties continue to be mindful of new laws adopted by the State of California intended to divert recyclables and organic materials from being landfilled. AB 341 mandates that commercial waste generators arrange for recycling services. AB 1826 mandates that commercial waste generators recycle their organic waste. AB 1594 will exclude organic material used as Alternative Daily Cover (“ADC”) from the calculation of a jurisdiction’s total per capita amount of waste disposed. SB 1383 allows the Department of Resources Recycling and Recovery (“CalRecycle”) to implement new solid waste and recycling regulations on local jurisdictions if significant progress has not been made in certain waste reduction goals by 2020; and

WHEREAS, CR&R represents and warrants to City that it continues to possess the experience, responsibility and qualifications to conduct recycling programs, to provide City with information sufficient to meet City's reporting requirements under AB 939, to assist City in meeting City's other requirements under AB 939, to collect, transport and dispose of solid waste in a safe manner which will minimize the adverse effects of collection vehicles on air quality and traffic and has the ability to indemnify City against liability under CERCLA; and

WHEREAS, CR&R has the ability to provide such personnel, equipment and supplies as are necessary to ensure City complies with the requirements of AB 939 and the Public Resources Code; and

WHEREAS, City's primary goals in amending and restating the Agreement are ensuring that solid waste collection and street sweeping services are of the highest caliber, that customer satisfaction remains at the highest level, that the environment is protected, that maximum diversion levels are achieved, and that materials collected are put to the highest and best use.

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3 NOW, THEREFORE, BE IT RESOLVED , by the City Council of the City of Orange , as follows:

1. That the foregoing recitals are true and correct.

2. That approval of the amended and restated Integrated Solid Waste Management and Street Sweeping Agreement is exempt from the requirements of the California Environmental Quality Act (“CEQA”) for the following reasons: (i) Section 15061(b)(3) of the State CEQA Guidelines (Common Sense Exemption) because it can be seen with certainty that there is no possibility that the continuation of the services provided for in the Agreement would have a significant effect on the environment; and (ii) Section 15308 of the State CEQA Guidelines (Class 8 Exemption) because continuation of the services provided for in the Agreement contains several regulatory mandates for complying with state law regarding the disposal of solid waste in a manner that ensures the protection of the environment.

3. That the City Council hereby approves the amended and restated Agreement Between City of Orange and CR&R Incorporated for Integrated Solid Waste Management and Street Sweeping Services, which sets forth all terms and conditions for the provision of solid waste and street sweeping services, a copy of which was submitted to the City Council at its meeting on the date set forth below.

4. That the Mayor is hereby authorized to execute the Agreement on behalf of the City.

ADOPTED this ____ day of ____________________, 2024

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

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4 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 , 20 24 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

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AGREEMENT

BETWEEN

CITY OF ORANGE
AND

CR&R INCORPORATED
FOR

INTEGRATED SOLID WASTE MANAGEMENT

AND STREET SWEEPING SERVICES

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Table of Contents

1. DEFINITIONS ................................ ...................................................................................... 4

1.1 AB 341 ................................................................................................................................... 4

1.2 AB 939 ................................................................................................................................... 4

1.3 AB 1826 ................................................................................................................................. 4

1.4 AB 1594 ................................................................................................................................. 4

1.5 AB 2176 ................................................................................................................................. 4

1.6 Affiliate .................................................................................................................................. 5

1.7 Agreement ............................................................................................................................ 5

1.8 Applicable Law ...................................................................................................................... 5

1.9 Back-haul ............................................................................................................................... 5

1.10 BASIC Score ........................................................................................................................... 6

1.11 Billings ................................................................................................................................... 6

1.12 Bin ......................................................................................................................................... 6

1.13 Bin Service ............................................................................................................................. 6

1.14 Black Container ..................................................................................................................... 6

1.15 Black Container Waste .......................................................................................................... 6

1.16 Blue Container....................................................................................................................... 6

1.17 Bulky Items ............................................................................................................................ 7

1.18 C&D ....................................................................................................................................... 7

1.19 C&D Processing Facility ......................................................................................................... 7

1.20 CalRecycle ............................................................................................................................. 7

1.21 California Code of Regulations or CCR .................................................................................. 7

1.22 Cart ........................................................................................................................................ 8

1.23 Cart Collection Service .......................................................................................................... 8

1.24 City ........................................................................................................................................ 8

1.25 C ity Manager ......................................................................................................................... 8

1.26 Collect/Collection .................................................................................................................. 8

1.27 Commercial or Commercial Business .................................................................................... 8

1.28 Commercial Premises ............................................................................................................ 9

1.29 Commercial Edible Food Generators .................................................................................... 9

1.30 Compactor ............................................................................................................................. 9 538
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1.31 Complaint .............................................................................................................................. 9

1.32 Compliance Reviews ............................................................................................................. 9

1.33 Compost ................................................................................................................................ 9

1.34 Compostable Plastics .......................................................................................................... 10

1.35 Construction and Demolition Debris................................................................................... 10

1.36 Containers ........................................................................................................................... 10

1.37 Container Contamination .................................................................................................... 10

1.38 Contamination Fee .............................................................................................................. 10

1.39 Contractor ........................................................................................................................... 10

1.40 Contractor Compensation ................................................................................................... 10

1.41 CPI ....................................................................................................................................... 11

1.42 Curb Mile ............................................................................................................................. 11

1.43 Customer ............................................................................................................................. 11

1.44 Disaster ............................................................................................................................... 11

1.45 Disposal ............................................................................................................................... 11

1.46 Disposal Site(s) .................................................................................................................... 11

1.47 Diversion ............................................................................................................................. 11

1.48 Drainage Area Management Plan ....................................................................................... 12

1.49 Edible Food .......................................................................................................................... 12

1.50 Effective Date ...................................................................................................................... 12

1.51 Electronic Waste ................................................................................................................. 12

1.52 Environmental Laws ............................................................................................................ 12

1.53 Excluded Waste ................................................................................................................... 13

1.54 Facility ................................................................................................................................. 13

1.55 Food Recovery ..................................................................................................................... 13

1.56 Food Recovery Organization ............................................................................................... 13

1.57 Food Recovery Service ........................................................................................................ 14

1.58 Food Scraps ......................................................................................................................... 14

1.59 Food Service Provider ......................................................................................................... 14

1.60 Food-Soiled Paper ............................................................................................................... 14

1.61 Food Waste ......................................................................................................................... 14 539
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1.62 Franchise ............................................................................................................................. 14

1.63 Green Container .................................................................................................................. 15

1.64 Green Waste ....................................................................................................................... 15

1.65 Green Waste Processing Facility ......................................................................................... 15

1.66 Grocery Store ...................................................................................................................... 15

1.67 Gross Receipts ..................................................................................................................... 15

1.68 Hauler Route ....................................................................................................................... 15

1.69 Hazardous Substance .......................................................................................................... 16

1.70 Hazardous Waste ................................................................................................................ 16

1.71 Household Hazardous Waste ("HHW") ............................................................................... 16

1.72 Household Sharps Waste .................................................................................................... 16

1.73 Hot Spot Route .................................................................................................................... 17

1.74 Inclement Weather ............................................................................................................. 17

1.75 Landfill ................................................................................................................................. 17

1.76 Large Event .......................................................................................................................... 17

1.77 Large Venue ........................................................................................................................ 17

1.78 Materials Recovery Facility ("MRF") ................................................................................... 17

1.79 Mulch .................................................................................................................................. 18

1.80 Multi- Family Residential Dwelling, Multi-Family Residential, or Multi-Family .................. 18

1.81 Non-Collection Notice ......................................................................................................... 18

1.82 Non-Compostable Paper ..................................................................................................... 18

1.83 Non-Organic Recyclables .................................................................................................... 19

1.84 Notice of Violation .............................................................................................................. 19

1.85 Organic Recycling ................................................................................................................ 19

1.86 Organic Waste ..................................................................................................................... 19

1.87 Organic Waste Generator ................................................................................................... 19

1.88 Owner .................................................................................................................................. 19

1.89 Parking Lot .......................................................................................................................... 19

1.90 Person ................................................................................................................................. 20

1.91 Premises .............................................................................................................................. 20

1.92 Process, Processed, or Processing ...................................................................................... 20 540
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1.93 Prohibited Container Contaminants ................................................................................... 20

1.94 Rate Year ............................................................................................................................. 20

1.95 Recovery .............................................................................................................................. 20

1.96 Recycling ............................................................................................................................. 21

1.97 Recyclable Materials or Recyclables ................................................................................... 21

1.98 Recycled Content Paper ...................................................................................................... 21

1.99 Refuse.................................................................................................................................. 21

1.100 Renewable Natural Gas ....................................................................................................... 21

1.101 Residential ........................................................................................................................... 21

1.102 Residential Premises ........................................................................................................... 21

1.103 Re-Sweeps ........................................................................................................................... 22

1.104 Roll-off Box .......................................................................................................................... 22

1.105 Roll-off Collection Service ................................................................................................... 22

1.106 Roll-off Compactor .............................................................................................................. 22

1.107 Route Review ...................................................................................................................... 22

1.108 SB 1383................................................................................................................................ 22

1.109 SB 1383 Regulations ............................................................................................................ 23

1.110 Self-hauler (or Self-haul) ..................................................................................................... 23

1.111 Service Level ........................................................................................................................ 23

1.112 “Single-Family Residential Dwelling”, “Single-Family Residential” or “Single-Family” ....... 23

1.113 Solid Waste ......................................................................................................................... 23

1.114 Solid Waste Handling Services ............................................................................................ 24

1.115 Source Separated ................................................................................................................ 24

1.116 Source Separated Blue Container Organic Waste (SSBCOW) ............................................. 24

1.117 Source Separated Green Container Organic Waste (SSGCOW) .......................................... 24

1.118 Source Separated Recyclable Materials .............................................................................. 24

1.119 Special Sweeps .................................................................................................................... 24

1.120 State .................................................................................................................................... 25

1.121 Streets ................................................................................................................................. 25

1.122 Street Sweeping .................................................................................................................. 25

1.123 Street Sweeping Debris ....................................................................................................... 25 541
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1.124 Street Sweeping Routes ...................................................................................................... 25

1.125 Term .................................................................................................................................... 25

1.126 Tier One Commercial Edible Food Generators ................................................................... 25

1.127 Tier Two Commercial Edible Food Generators ................................................................... 26

1.128 Temporary Bin Collection Service ....................................................................................... 26

1.129 Temporary Roll-off Box Collection Service.......................................................................... 26

1.130 Transfer ............................................................................................................................... 27

1.131 Transfer Station ................................................................................................................... 27

1.132 Transformation ................................................................................................................... 27

1.133 Transformation Facility ....................................................................................................... 27

1.134 Travel Speed ........................................................................................................................ 27

1.135 Universal Waste .................................................................................................................. 27

1.136 Waste Evaluation ................................................................................................................ 28

1.137 Waste Generator ................................................................................................................. 28

1.138 White Goods ....................................................................................................................... 28

1.139 Work Day ............................................................................................................................. 28

2. GRANT AND ACCEPTANCE OF FRANCHISE ...................................................................... 29

2.1 Grant and Acceptance of Franchise, Indemnity of Award .................................................. 29

2.2 Enforcement of Exclusivity .................................................................................................. 29

2.3 Effective Date ...................................................................................................................... 30

2.4 Term of Agreement - Solid Waste ....................................................................................... 30

2.5 Option to Extend Term........................................................................................................ 30

2.6 Representations and Warranties of Contractor ................................................................. 30

2.7 Conditions to Effectiveness of Agreement ......................................................................... 32

2.8 Delegation of Authority ...................................................................................................... 33

2.9 Limitations to Scope ............................................................................................................ 33

2.10 City's Right to Direct Changes ............................................................................................. 35

2.10.1 General ......................................................................................................................................... 35

2.10.2 New Diversion Programs .............................................................................................................. 35

2.11 Ownership of Solid Waste ................................................................................................... 36

2.12 Contractor Authorization .................................................................................................... 36 542
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2.13 Permits and Licenses ........................................................................................................... 36

3. AMOUNTS PAID TO THE CITY .......................................................................................... 38

3.1 Payments to City ................................................................................................................. 38

3.1.1 Retroactive Road Mitigation Reimbursement .......................................................................... 38

3.1.2 Annual Road Mitigation Reimbursement ..................................................................................... 38

3.1.3 Annual Public Education Payment ................................................................................................ 38

3.1.4 Annual Administrative Payment ................................................................................................... 38

3.1.5 Annual Adjustment of City Payments ........................................................................................... 38

3.1.6 Timing of Payments ...................................................................................................................... 39

3.2 Facility Host Payment .......................................................................................................... 39

4. DIRECT SERVICES – WASTE MANAGEMENT .................................................................... 40

4.1 Refuse.................................................................................................................................. 40

4.1.1 General ......................................................................................................................................... 40

4.1.2 Residential Cart Refuse Collection ................................................................................................ 40

4.1.3 Alley Collection ............................................................................................................................. 40

4.1.4 Refuse Cart Overage ..................................................................................................................... 41

4.1.5 Backyard Service for the Disabled ................................................................................................ 41

4.1.6 Bin Refuse Collection .................................................................................................................... 41

4.1.7 Commercial Premises Cart Service ............................................................................................... 42

4.1.8 Overflowing Commercial Containers ............................................................................................ 42

4.1.9 Roll-off Box Service ....................................................................................................................... 43

4.1.10 Roll-off Compactor Service to Plaza Customers ........................................................................... 43

4.1.11 Temporary Bin Service .................................................................................................................. 44

4.1.12 Scout Vehicles ............................................................................................................................... 44

4.1.13 Bin Pushout Service ...................................................................................................................... 44

4.1.14 Smaller Collection Vehicles ........................................................................................................... 44

4.1.15 Locking Bins .................................................................................................................................. 44

4.1.16 Redelivery/Return Trip Fee ........................................................................................................... 45

4.1.17 On-Call Bulky Item Pickup ............................................................................................................. 45

4.1.18 Bulky Item Diversion ..................................................................................................................... 46

4.1.19 Diversion of Electronic and Other Special Wastes ........................................................................ 46

4.2 Recycling ............................................................................................................................. 46

4.2.1 Single-family Recycling Collection ................................................................................................ 46 543
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4.2.2 Multi-family and Commercial Recyclables Collection ................................................................... 47

4.2.3 Warning Notice ............................................................................................................................. 47

4.2.4 Marketing and Sale of Recyclable Materials................................................................................. 48

4.2.5 Minimum Diversion Requirement ................................................................................................ 48

4.2.6 Construction and Demolition Debris Diversion ............................................................................ 48

4.2.7 Edible Food Recovery Program ..................................................................................................... 49

4.2.8 Optional Sharps Collection ........................................................................................................... 49

4.2.9 Non-Profit Group Assistance ........................................................................................................ 49

4.2.10 Horse Stable Bedding.................................................................................................................... 49

4.3 Organics Collection Program ............................................................................................... 49

4.3.1 Single-family Organics Waste Collection ...................................................................................... 49

4.3.2 Multi-family Green Waste Collection ........................................................................................... 51

4.3.3 Commercial Green Waste and Wood Waste Collection ............................................................... 51

4.3.4 Commercial Roll-off Green Waste Collection ............................................................................... 52

4.3.5 Commercial Food Waste Collection.............................................................................................. 52

4.3.6 Holiday Tree Collection Program .................................................................................................. 53

4.4 Cart Selection, Distribution and Exchanges ........................................................................ 54

4.5 City Services ........................................................................................................................ 54

4.5.1 City Premises Collection ............................................................................................................... 54

4.5.2 City-Sponsored Events .................................................................................................................. 55

4.5.3 Street Litter Container Collection ................................................................................................. 55

4.5.4 Emergency Collection and Disposal Service ................................................................................. 56

4.5.5 Street Sweepings Disposal ............................................................................................................ 56

4.5.6 Abandoned Item Collection by City .............................................................................................. 56

4.5.7 Community Development Review Services .................................................................................. 56

4.5.8 Large Venue Event Assistance, Event Recycling ........................................................................... 56

4.5.9 Door-to-Door Household Hazardous Waste (HHW) Collection – Option ..................................... 57

4.5.10 Storage Vans ................................................................................................................................. 57

4.5.11 Free Compost and Wood Chips .................................................................................................... 57

4.5.12 Organic Waste Product Procurement ........................................................................................... 57

4.5.13 Renewable Natural Gas ................................................................................................................ 58

4.5.14 In-Office Recycling Containers for City Administrative Offices ..................................................... 58

4.5.15 In-Unit Recycling Containers......................................................................................................... 58 544
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4.5.16 Capacity Guarantee ...................................................................................................................... 58

4.5.17 Compliance Coordinators ............................................................................................................. 59

4.5.18 Edible Food Recovery Program ..................................................................................................... 59

4.6 Operations........................................................................................................................... 60

4.6.1 Schedules ...................................................................................................................................... 61

4.6.2 Vehicles ......................................................................................................................................... 62

4.6.3 Containers ..................................................................................................................................... 66

4.6.4 Litter Abatement .......................................................................................................................... 69

4.6.5 Personnel ...................................................................................................................................... 69

4.6.6 Identification Required ................................................................................................................. 71

4.6.7 Fees and Gratuities ....................................................................................................................... 71

4.6.8 Non-Discrimination ....................................................................................................................... 71

4.6.9 Routing and Coordination with Street Sweeping Services ........................................................... 71

4.6.10 Report of Accumulation of Solid Waste; Unauthorized Dumping ................................................ 72

4.7 Transportation of Solid Waste ............................................................................................ 72

4.8 Approved Facilities .............................................................................................................. 73

4.9 Status of Disposal Site ......................................................................................................... 73

4.10 Dedicated Routes ................................................................................................................ 73

4.11 Route Audit ......................................................................................................................... 73

4.12 Service Exceptions; Hazardous Waste Notifications ........................................................... 75

5. DIRECT SERVICES – STREET SWEEPING ........................................................................... 77

5.1 General — Standards of Work and Contractor Responsibilities ......................................... 77

5.2 Street Sweeping Areas ........................................................................................................ 80

5.3 Inspection Rating System .................................................................................................... 80

5.4 Inspections, Meetings, and Documentation ....................................................................... 81

5.5 Special Sweeps .................................................................................................................... 81

5.6 Customer Service – Street Sweeping .................................................................................. 82

5.7 Communication and Emergency Response......................................................................... 83

5.8 Safety – Street Sweeping .................................................................................................... 83

5.9 Street Sweeping Services .................................................................................................... 84

5.10 Sweeping Schedules ............................................................................................................ 84

5.11 Training – Street Sweeper Operators ................................................................................. 85 545
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5.12 Noise – Street Sweeping ..................................................................................................... 86

5.13 Street Sweeping Equipment ............................................................................................... 86

5.14 Street Sweeping Equipment Location and Repair .............................................................. 88

5.15 GPS Equipment and Software ............................................................................................. 89

5.16 Customer Refunds for Missed Sweeps ............................................................................... 90

6. OTHER SERVICES ............................................................................................................. 91

6.1 Customer Billing and Contractor Compensation ................................................................ 91

6.1.1 Cart Billing ..................................................................................................................................... 91

6.1.2 Bin, Roll-off and Temporary Services Billing ................................................................................. 91

6.1.3 Start and Stop Service – Vacant Residential Units ........................................................................ 91

6.1.4 Contractor's Invoices .................................................................................................................... 92

6.1.5 Non-Payment; Collections; Suspension of Service ....................................................................... 92

6.1.6 Exemption from Service................................................................................................................ 93

6.2 Customer Service ................................................................................................................ 93

6.2.1 Local Office ................................................................................................................................... 93

6.2.2 Complaint Documentation ........................................................................................................... 94

6.2.3 Resolution of Customer Complaints ............................................................................................. 94

6.2.4 Contract Liaison ............................................................................................................................ 94

6.2.5 Service Liaison .............................................................................................................................. 95

6.3 Education and Public Awareness ........................................................................................ 95

6.3.1 General ......................................................................................................................................... 95

6.3.2 Implementation and On-going Education Requirements ............................................................. 95

6.3.3 Contractor Representative ........................................................................................................... 96

6.3.4 Community Events ........................................................................................................................ 97

6.4 Contamination Monitoring ................................................................................................. 97

6.4.1 Route Reviews .............................................................................................................................. 97

6.4.2 Waste Evaluations ........................................................................................................................ 97

6.4.3 Recordkeeping and Reporting ...................................................................................................... 98

6.5 Waste Generation/Characterization Studies ...................................................................... 99

7. CONTRACTOR COMPENSATION AND RATES ................................................................. 100

7.1 General .............................................................................................................................. 100

7.2 Initial Rates ........................................................................................................................ 100 546
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7.3 Schedule of Future Adjustments ....................................................................................... 100

7.4 Method of Adjustments .................................................................................................... 101

7.4.1 Annual Rate Adjustment Percentage ......................................................................................... 101

7.4.2 Rate Adjustment Steps ............................................................................................................... 102

7.5 Competitive Rate Guarantee ............................................................................................ 103

7.6 Extraordinary Adjustments ............................................................................................... 103

8. REVIEW OF SERVICES AND PERFORMANCE .................................................................. 106

8.1 Performance Review Meeting .......................................................................................... 106

8.2 Performance Satisfaction Survey ...................................................................................... 107

9. RECORDS, REPORTS AND INFORMATION REQUIREMENTS .......................................... 108

9.1 General .............................................................................................................................. 108

9.2 Records .............................................................................................................................. 108

9.2.1 General ....................................................................................................................................... 108

9.2.2 Financial Records ........................................................................................................................ 108

9.2.3 Solid Waste Records ................................................................................................................... 109

9.2.4 CERCLA Defense Records ............................................................................................................ 110

9.2.5 Disposal Records ......................................................................................................................... 110

9.2.6 Other Programs' Records ............................................................................................................ 110

9.2.7 Audit ........................................................................................................................................... 111

9.2.8 Payments and Refunds ............................................................................................................... 111

9.3 Reports .............................................................................................................................. 111

9.3.1 Report Formats and Schedule .................................................................................................... 111

9.3.2 Monthly Reports ......................................................................................................................... 112

9.3.3 Annual Report ............................................................................................................................. 113

9.3.4 CalRecycle Electronic Annual Report .......................................................................................... 113

9.3.5 Financial Report .......................................................................................................................... 114

9.4 Reporting Adverse Information ........................................................................................ 114

9.5 Right to Inspect Records ................................................................................................... 114

9.6 Failure to Report ............................................................................................................... 115

10. INDEMNIFICATION, INSURANCE, BOND AND LETTER OF CREDIT ................................. 116

10.1 Indemnification ................................................................................................................. 116

10.2 Hazardous Substances Indemnification ............................................................................ 117 547
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10.3 Indemnification and Guarantee ........................................................................................ 118

10.4 Insurance ........................................................................................................................... 118

10.5 Faithful Performance Bond ............................................................................................... 122

10.6 Faithful Performance Letter of Credit ............................................................................... 123

10.7 Forfeiture of Performance Bond ....................................................................................... 123

10.8 Forfeiture of Letter of Credit ............................................................................................ 123

10.9 Performance Security Beyond Service Term..................................................................... 124

11. CITY'S RIGHT TO PERFORM SERVICE ............................................................................. 125

11.1 General .............................................................................................................................. 125

11.2 Billing and Compensation to City During City's Possession .............................................. 126

11.3 City's Right to Relinquish Possession ................................................................................ 126

11.4 City's Possession Not A Taking .......................................................................................... 126

11.5 Duration of City's Possession ............................................................................................ 126

12. DEFAULT, REMEDIES AND LIQUIDATED DAMAGES ...................................................... 128

12.1 Events of Default ............................................................................................................... 128

12.2 Right to Terminate Upon Default and Right to Specific Performance .............................. 130

12.3 Liquidated Damages .......................................................................................................... 131

12.4 Excuse from Performance ................................................................................................. 135

12.5 Notice, Hearing and Appeal of City Breach ....................................................................... 136

12.6 Assurance of Performance ................................................................................................ 137

13. OTHER AGREEMENTS OF THE PARTIES ......................................................................... 138

13.1 Relationship of Parties ...................................................................................................... 138

13.2 Governing Law .................................................................................................................. 138

13.3 Jurisdiction and Venue ...................................................................................................... 138

13.4 Assignment ........................................................................................................................ 138

13.5 Contracting or Subcontracting .......................................................................................... 140

13.6 Binding on Assigns ............................................................................................................ 141

13.7 Cooperation in Preparation for Termination or Expiration of Agreement ....................... 141

13.8 Parties in Interest .............................................................................................................. 141

13.9 Waiver ............................................................................................................................... 141

13.10 Contractor's Investigation ................................................................................................. 142 548
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13.11 Condemnation .................................................................................................................. 142

13.12 Notice ................................................................................................................................ 142

13.13 Representatives of the Parties .......................................................................................... 143

13.14 City Free to Negotiate with Third Parties.......................................................................... 144

13.15 Compliance with Municipal Code, Local, State and Federal Law ..................................... 144

13.16 Privacy ............................................................................................................................... 144

13.17 Proprietary Information, Public Records .......................................................................... 144

14. MISCELLANEOUS PROVISIONS ...................................................................................... 145

14.1 Entire Agreement .............................................................................................................. 145

14.2 Section Headings ............................................................................................................... 145

14.3 References to Laws ........................................................................................................... 145

14.4 Interpretation .................................................................................................................... 145

14.5 Agreement ........................................................................................................................ 145

14.6 Severability ........................................................................................................................ 145

14.7 Exhibits .............................................................................................................................. 146

14.8 Attorneys' Fees ................................................................................................................. 146

14.9 Signatures.......................................................................................................................... 147

Table of Exhibits

Exhibit A – Initial Maximum Rates – Single-family Residential Exhibit B – Initial Maximum Rates – Commercial and Multi-family Exhibit C – Initial Maximum Rates – Roll-off
Exhibit D – Initial Maximum Rates – Special Sweeps
Exhibit E – Example Rate Adjustment Calculation - Residential Exhibit F – Example Rate Adjustment Calculation – Commercial and Roll-off 549
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AGREEMENT

This Agreement for Integrated Solid Waste Management and Street Sweeping Services (hereinafter the “ Agreement”) is entered into this ___ day of ________ 2024, by and between the City of Orange, California, a municipal corporation (“City”) and CR&R Incorporated, a California corporation (“Contractor”), for the collection, transportation, recycling, processing, and disposal of solid waste and other services related to meeting the goals and requirements of the California Integrated Waste Management Act.

RECITALS

WHEREAS, Public Resources Code Section 40059(a)(2) authorizes City to determine whether solid waste handling services are to be provided by exclusive or non -exclusive contract, whether the contract will be awarded with or without competitive bidding, and the terms and conditions of any such contract; and

WHEREAS, pursuant to California Public Resources Code Section 49300 and 49500 et seq., City has determined that the public hea lth, safety, and well -being require that an exclusive franchise be awarded to a qualified company for the collection, transfer and transportation, recycling, processing, and disposal of solid waste and other services related to meeting the diversion goals required by AB 939, and other requirements of the California Integrated Waste Management Act; and

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WHEREAS, the Parties now desire to make certain amendments to the Agreement to provide for a new term, rate adjustments, payment of retroactive road mitigation repairs, additional collection events, and other changes; and

WHEREAS, City declares its intention of maintaining reasonable rates and quality service related to the collection, transfer and transportatio n, recycling, processing, and disposal of solid waste and other services; and

WHEREAS, Parties continue to be mindful of the provisions of the laws governing the safe collection, transport, recycling, processing and disposal of solid waste, including AB 939, the Resource Conservation and Recovery Act (“RCRA”), and the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”). Parties desire to leave no doubts as to their respective roles and to memorialize that by entering into this Agreement, City is not hereby becoming an "arranger" or a "generator" as those terms are used in CERCLA, and it is CR&R, not City, who is "arranging for" the collection from premises in City, transport for disposal, composting or other processing, and recyc ling of municipal solid waste which may contain hazardous substances; and further to confirm that as a material inducement to City entering into this Agreement, CR&R has agreed to fully indemnify City in connection with any claims, losses, liabilities, law suits or actions relating to the inadvertent or intentional collection, transportation and/or disposal of hazardous materials that may occur in connection with CR&R’s performance under this Agreement; and

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in meeting City's other requirements under AB 939, to collect, transport and dispose of solid waste in a safe manner which will minimize the adverse effects of collection vehicles on air quality and traffic and has the ability to indemnify City against liability under CERCLA; and

WHEREAS, CR&R has the ability to prov ide such personnel, equipment and supplies as are necessary to ensure City complies with the requirements of AB 939 and the Public Resources Code; and

WHEREAS, City's primary goals in amending and restating the Agreement are ensuring that solid waste coll ection and street sweeping services are of the highest caliber, that customer satisfaction remains at the highest level, that the environment is protected, that maximum diversion levels are achieved, and that materials collected are put to the highest and best use.

THEREFORE, in consideration of the premises above stated and the terms, conditions, covenants and agreements contained in this Agreement , the Parties do hereby agree as follows:

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1. DEFINITIONS

The terms used in this Agreement shall have the meaning set forth in this Section 1. In the event a term is not defined in this Section 1, then it shall have the mean ing set forth in the Orange Municipal Code or in Division 30, Part 1, Chapter 2 of the California Public Resources Code (with precedence given to definitions in the Orange Municipal Code over conflicting definitions contained in the Public Resources Code). Except as provided in this Section 1, words beginning with lower case letters are being used with their common ordinary meanings, not as defined terms. Otherwise, the following capitalized words and terms shall have the following meanings:

1.1 AB 341

“AB 341” means Assembly Bill 341 (Chapter 476, Statutes of 2011), as amended from time to time and which places requirements on commercial businesses and Multi-Family property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires cities to implement a mandatory commercial and Multi-Family recycling program.

1.2 AB 939

“AB 939” means the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq.), as it may be amended from time to time.

1.3 AB 1826

“AB 1826” means Assembly Bill 1826 (Chapter 727, Statutes of 2014) as amended from time to time and which requ ires commercial businesses and Multi- Family property owners that generate a specified threshold amount of solid waste, recyclable materials, and organic materials per week to arrange for recycling services, and requires cities to implement a mandatory commercial and Multi-Family organic waste recycling program.

1.4 AB 1594

“AB 1594” means that state law adopted in 2015 that provides that the use of green material as alternative daily cover is disposal and does not constitute Diversion through recycling.

1.5 AB 2176

“AB 2176” means that s tate l aw adopted in 2004 regarding waste reduction at large venues and events.
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1.6 Affiliate

“Affiliate” means all businesses (including corporations, limited and general partnerships and sole proprietorships) which are directly or indirectly related to Contractor by virtue of direct or indirect ownership interest or common management shall be deemed to be “Affiliated with” Contractor and included within the term “Affiliates” as used in this Agreement . An Affiliate shall include a business in which Contractor owns a direct or indirect ownership interest, a business whi ch has a direct or indirect ownership interest in Contractor and/or a business which is also owned, controlled or managed by any business or individual which has a direct or indirect ownership interest in Contractor. For purposes of determining whether an indirect ownership interest exists, the constructive ownership provisions of Section 318(a) of the Internal Revenue Code of 1986, as in effect on the date of this Agreement, shall apply; provided, however, that (i) "ten percent (10%)" shall be substituted for "fifty percent (50%)" in Section 318(a)(2)(C) and in Section 318(a)(3)(C) thereof; and (ii) Section 318(a)(5)(C) shall be disregarded. For purposes of determining ownership under this paragraph and constructive or indirect ownership under Section 318(a), ownership interest of less than ten percent (10%) shall be disregarded and percentage interests shall be determined on the basis of the percentage of voting interest or value which the ownership interest represents, which is greater.

1.7 Agreement

“Agreement means this Amended and Restated Franchise Agreement between the City of Orange and CR&R Incorporated for I ntegrated Solid Waste Managements and Street Sweeping Services including all exhibits and attachments.

1.8 Applicable Law

“Applicable Law” means all Federal, State, and local laws, regulations, rules, orders, judgments, decrees, permits, approvals, or other requirement of any governmental agency having jurisdiction over the Collection, Transportation, Processing, and Disposal of discarded materials that are in force on the Effective Date and as may be enacted, issued, or amended during the Term of this Agreement. Applicable Law includes, but is not limited to, AB 939, AB 341, AB 1594, AB 1826, and SB 1383, and their corresponding regulations.

1.9 Back-haul

“Back-haul” means Transporting Recyclable Materials or Organic Waste to a destination owned and operated by the Waste Generator using the Waste Generator’s own employees and equipment.

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1.10 BASIC Score

“BASIC Score” means the Behavior Analysis and Safety Improvement Category percentile score assigned to motor carriers and determined by the Federal Motor Carrier Safety Administration’s Safety Measurement System to assess a carrier’s safety risk. BASIC Sc ores are also known as “CSA Scores.” BASIC Scores are calculated on a zero to 100 percentile scale, with 100 indicating the worst performance and zero indicating the best performance.

1.11 Billings

“Billings” or “Billing” or “Bill” means the statements of charges provided to Customers for services rendered by Contractor.

1.12 Bin

“Bin” means a metal Container with hinged lids and wheels with a capacity of less than ten (10) cubic yards.

1.13 Bin Service

“Bin Service” means Solid Waste Handling Services in which a Bin is used for the Collection of Solid Waste.

1.14 Black Container

“Black Container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and Collection of Black Container Waste. Black Container shall have the same meaning as “Refuse Cart,” “Refuse Bin,” or “Refuse Container.”

1.15 Black Container Waste

“Black Container Waste” means Solid Waste that is collected in a Black Container that is part of a three-container organic waste Collection service that prohibits the placement of Organic Waste and Recyclable Materials in the Black Container as specified in 14 CCR Sections 18984.1(a) and (b). Black Container Waste shall have the same meaning as “Refuse”.

1.16 Blue Container

“Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source 555
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Separated Blue Container Organic Waste. Blue Container shall have the same meaning as “Recycling Cart,” “Recycling Bin,” or “Recycling Container.”

1.17 Bulky Items

“Bulky Item” means Solid Waste that cannot and/or would not typically be accommodated within a Cart including specifically: furniture (including chairs, sof as, mattresses, and rugs); appliances (including refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances and other similar items, commonly known as “ white goods”); yard debris, Green Waste and small pieces o f wood limited to one cubic yard of contained material; electronic equipment (including stereos, televisions, computers and monitors, VCRs, microwaves and other similar items commonly known as “brown goods” and “e-waste”); fluorescent bulbs; household batteries; and clothing. Bulky Items do not include car bodies, tires, C&D or items requiring more than two persons to remove. Other items not specifically included or excluded above will be Collected provided that they are not more than eight feet in length, four feet in width, or more than 150 pounds. In the event a question ever arises as to whether a specific item or category of items meets the definition of Bulky Items, City shall be responsible to determine whether said definition shall apply, which determination shall be final and binding on the Parties.

1.18 C&D

“C&D” means Construction and Demolition Debris.

1.19 C&D Processing Facility

“C&D Processing Facility” means any Facility that is designed, operated, and legally permitted for the purpose of receiving and Processing C&D.

1.20 CalRecycle

“CalRecycle” means the California Department of Resources Recycling and Recovery.

1.21 California Code of Regulations or CCR

“CCR” means the State of California Code of Regulations. CCR references in this Agreement are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).

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1.22 Cart

“Cart” means a plastic Container with a hinged lid and wheels serviced by an automated or semi-automated truck with a capacity of no less than 32- and no greater than 101-gallons.

1.23 Cart Collection Service

“Cart Collection Service” means Solid Waste Collection Service using Carts. This includes service provided to Single -Family Premises (excluding those Single -Family Customers that elect to use Bin Collection Service), Commercial Customers that generate small quantities of Solid Waste and elect to use Cart Collection Service, and Multi -Family Customers with individual storage capacity to store Carts with access to curbside service from side -loading Collection vehicles.

1.24 City

“City” means City of Orange, California, a municipal corporation, and all the territory lying within the municipal boundaries of City as presently existing or as such boundaries may be modified during the term of this Agreement.

1.25 City Manager

“City Manager” me ans a Person having that title in the employ of the City or his or her designee.

1.26 Collect/Collection

“Collect” or “Collection” means to take physical possession, transport, and remove Solid Waste within and from City.

1.27 Commercial or Commercial Business

“Commercial” or “Commercial Business” means a firm, partnership, proprietorship, joint - stock company, corporation, or association, whether for- profit or nonprofit, strip mall, industrial facility, a Multi- Family Residential Dwelling, or as otherwise defined in 14 CCR section 18982(a)(6). A Multi -Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business.

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1.28 Commercial Premises

“Commercial Premises” means Premises upon which business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, commercial and industrial construction and demolition activities, but excluding Residential Premises upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use of the property.

Notwithstanding any provision to the contrary in this Agreement , in the Orange Municipal Code, or otherwise, for purposes of this Agreement, Premises upon which the following uses (as defined in the Orange Municipal Code) are occurring shall be deemed to be Commercial Premises: Assisted Living Facilities, Convalescent Homes, Dormitories, Extended Stay Motels, Group Residential Facilities, Group Care Facilities, Hotels, and Motels.

1.29 Commercial Edible Food Generators

“Commercial Edible Food Generator” includes a Tier One Commercial Edible Food Generator or a Tier Two Commercial Edible Food Generator as defined in 14 CCR section 18982(a)(73) and (a)(74).

1.30 Compactor

“Compactor” means any Bin or Roll -off Box that has a compaction mechanism, whether stationary or mobile.

1.31 Complaint

“Complaint” means a communication received by Contractor from a Customer or the City indicating services have not been performed in accordance with this Agreement, or otherwise expressing dissatisfaction with service.

1.32 Compliance Reviews

“Compliance Reviews” means reviews of records by the City to determine compliance with this Agreement or the City Code.

1.33 Compost

“Compost” means the product resulting from the controlled biological decomposition of Organic Waste that is Source Separated from the municipal Solid Waste stream, or which are separated at a centralized Facility, or as otherwise defined in 14 CCR section 17896.2(a)(4).

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1.34 Compostable Plastics

“Compostable Plastics” or “Compostable Plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

1.35 Construction and Demolition Debris

“Construction and Demolition Debris” means used or discarded materials removed from Premises during construction, renovation, remodeling, repair, or demolition operations on any pavement, Residential building, Commercial or industrial building, or other structure and shall include, but is not limited to concrete, asphalt paving, asphalt roofing, lumber, gypsum board, rock, soil and metal.

1.36 Containers

“Containers” means any and all types of Solid Waste receptacles, including Carts, Bins and Roll-off Boxes.

1.37 Container Contamination

“Container Contamination” or “Contaminated Container” means a Container that contains Prohibited Container Contaminants.

1.38 Contamination Fee

“Contamination Fee” shall mean an amount charged by Contractor to Customers to offset Contractor’s additional costs or diminished revenue due to Container Contamination.

1.39 Contractor

“Contractor” means CR&R Incorporated, a corporation organized and operating under the laws of the State of California and its officers, directors, employees, agents, companies and subcontractors.

1.40 Contractor Compensation

“Contractor Compensation” means the revenue received by Contractor from Customers and City in return for providing services in accordance with this Agreement.

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1.41 CPI

“CPI” means the Consumer Price Index, Series ID: CUURS49ASA0, All items in Los Angeles - Long Beach-Anaheim, CA, all urban consumers, not seasonally adjusted (U.S. Department of Labor, Bureau of Labor Statistics.

1.42 Curb Mile

“Curb Mile” means a distance equal to 5,280 feet and is the measurement used to designate those miles predetermined by City to be swept by Contractor.

1.43 Customer

“Customer” means a Person receiving Solid Waste Handling Services or Street Sweeping Services from Contractor pursuant to the terms of this Agreement.

1.44 Disaster

“Disaster” means a sudden regional, statewide, nationwide, or worldwide event, such as an accident or a natural catastrophe, that causes great damage or loss of life, and that significantly stops, or impacts the normal ongoing operations of Solid Waste Collection in the City. Disaster does not include labor unrest as described in Section 12.4.

1.45 Disposal

“Disposal” means the ultimate disposition of Solid Waste Collected by Contractor at a landfill or otherwise in full regulatory compliance.

1.46 Disposal Site(s)

“Disposal Site(s)” means the Solid Waste handling Facility or Facilities utilized for the ultimate Disposal of Solid Waste Collected by Contractor.

1.47 Diversion

“Diversion” means any combination of waste prevention (source reduction), recycling, reuse and composting activities that reduces waste disposed at landfills, provided such activities are recognized by the California Department of Resources Recycling and Recovery (CalRecycle) as Diversion in its determination of City's Diversion rate and compliance with AB 939.
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1.48 Drainage Area Management Plan

“Drainage Area Management Plan ” (DAMP) means the Orange County Drainage Area Management Plan, as the same may be amended from time to time to include City’s Local Implementation Plan (LIP).

1.49 Edible Food

“Edible Food” means all food intended and usable for human consumption, or as otherwise defined in 14 CCR section 18982(a)(18) . For Edible Food to be recovered, it must mee t applicable public health and food safety standards in 14 CCR, Chapter 12, Division 7, and must be able to meet F ood Recovery Organizations’ standards and requirements for acceptance related to nutrition or quality. Edible food is not Solid Waste.

1.50 Effective Date

“Effective Date” means the date on which the Agreement becomes binding upon the Parties.

1.51 Electronic Waste

“Electronic Waste” means discarded electronic goods that are conditionally exempt from classification as Hazardous Waste pursuant to 22 CCR) Section 66261.9, including but not limited to computers and peripherals, printer, cathode ray tube monitors, televisions, electronic equipment, and cathode ray tubes.

1.52 Environmental Laws

“Environmental Laws” means all Federal and State statutes, county, local and City ordinances concerning public health, safety and the environment including, by way of example and not limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC §9601 et seq.; the R esource Conservation and Recovery Act, 42 USC §690 1 et seq.; the Federal Clean Water Act, 33 USC §1251 et seq.; the Toxic Substances Control Act, 15 USC §2601 et seq.; the Occupational Safety and Health Act, 29 USC §651 et seq.; the California Hazardous Waste Control Act, California Health and Safety Code §25100 et seq.; the California Hazardous Substance Account Act, California Health and Safety Code §25300 et seq.; the Porter-Cologne Water Quality Control Act, California Water Code §13000 et seq.; the Saf e Drinking Water and Toxic Enforcement Act, California Health and Safety Code §25249.5 et seq.; as currently in force or as hereafter amended, and all rules and regulations promulgated thereunder.

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1.53 Excluded Waste

“Excluded Waste” means Hazardous Substance, Hazardous Waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that approved/designated Facility operator(s) reasonably believe(s) would, as a re sult of or upon acceptance, Transfer, Processing, or Disposal, be a violation of local, State, or Federal law, including: land use restrictions or conditions, waste that cannot be disposed of in Class III Landfills or accepted at the Facility by permit conditions, waste that in Contractor’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Contractor or City to potential liability; but not including de minimis volumes or co ncentrations of waste of a type and amount normally found in Single -Family or Multi -Family Solid Waste after implementation of programs for the safe Collection, Processing, Recycling, treatment, and Disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded Waste does not include used motor oil and filters, household batteries, Universal Waste, and/or latex paint when such materials are defined as allowable materials for Collection through t his Agreement and the Waste Generator or Customer has properly placed the materials for Collection pursuant to instructions provided by the City or Contractor as set forth in this Agreement.

1.54 Facility

“Facility” means any plant or site used by Contractor for purposes of performing under this Agreement.

1.55 Food Recovery

“Food Recovery” means actions to Collect and distribute food for human consumption which otherwise would be disposed of.

1.56 Food Recovery Organization

“Food Recovery Organization” (FRO) means an entity that primarily engages in the Collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to:
1) A food bank as defined in Section 113783 of the Health and Safety Code; 2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and,
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3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Agreement.

1.57 Food Recovery Service

“Food Recovery Service” (FRS) means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR section 18982(a)(26).

1.58 Food Scraps

“Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps exclude fats, oils, and grease when such materials are Source Separated from other Food Scraps.

1.59 Food Service Provider

“Food Service Provider” (FSP) means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations.

1.60 Food-Soiled Paper

“Food-Soiled Paper” means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

1.61 Food Waste

“Food Waste” means Food Scraps, Food-Soiled Paper, and Compostable Plastics.

1.62 Franchise

“Franchise” means the exclusive right and privilege to provide Solid Waste Collection Services within the City granted by City to Contractor pursuant to the City’s authority under Article XI, Section 7 of the State of California Constitution, and Section 40059 of the Public Resources Code.
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1.63 Green Container

“Green Container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and Collection of Source Separated Green Container Organic Waste.

1.64 Green Waste

“Green Waste ” means tree trimmings, brush, wood stumps, small pieces of wood, grass cuttings, dead plants, leaves, branches, flowers, plant stocks, and dead trees (not more than six (6) inches in diameter or 48 inches in length) and similar materials.

1.65 Green Waste Processing Facility

“Green Waste Processing Facility” means a permitted Facility where Green Waste is sorted, mulched or separated for the purposes of Recycling, reuse or composting.

1.66 Grocery Store

“Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments.

1.67 Gross Receipts

“Gross Receipts” means any and all revenue received from Billings by Contractor, and compensation in any form, of Contractor or subsidiaries, parent companies or other Affiliates of Contractor, for the Collection and transportation of Solid Waste, and the provision of Street Sweeping Services , pursuant to this Agreement, in accordance with Generally Accepted Accounting Principles, including, but not limited to, Customer fees for Collection of Solid Waste, without subtracting Disposal fees, City fees or other fees or any other cost of doing business. Revenue from the sale of Recyclable Materials is excluded from Gross Receipts for the purposes of calculating Road Mitigation Reimbursement.

1.68 Hauler Route

“Hauler Route” means the designated itinerary or sequence of stops for each segment of the City’s Collection service area.

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1.69 Hazardous Substance

“Hazardous Substance” shall mean any of the following: (a) any substances defined, regulated or listed (directly or by reference) as “ Hazardous Substances ”, “hazardous materials ”, “Hazardous Waste”, “toxic waste”, “pollutants” or “toxic substances” or similarly identified as h azardous to human health or the environment, in or pursuant to (i) CERCLA; (ii) the Hazardous Materials Transportation Act, 49 CFR; (iii) the Resource Conservation and Recovery Act; (iv) the Clean Water Act; (v) California Health and Safety Code §§25115-25117, 25249.8, 25281, 25316, 25501 and 25501.1; (vi) the Clean Air Act, 42 USC §7401 et seq.; and (vii) California Water Code §13050; (b) any amendments, rules or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and (c) any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other applicable F ederal, State or local Environmental Laws currently existing or hereinafter e nacted, including, without limitation, friable asbestos, polychlorinated biphenyls ( “PCBs”), petroleum, natural gas and synthetic fuel products, and by-products.

1.70 Hazardous Waste

“Hazardous Waste ” means all substances defined as Hazardous Waste, acutely Hazardous Waste, or extremely Hazardous Waste by the State of California in Health and Safety Code §25110.02, §25115, and §25117 or in the future amendments to or recodifications of such statutes or identified and listed as Hazardous Waste by the US Environmental Protection Agency (EPA), pursuant to the Resource Conservation and Recovery Act, all future amendments thereto, and all rules and regulations promulgated thereunder.

1.71 Household Hazardous Waste ("HHW")

“Household Hazardous Waste” means Hazardous Waste generated at Residential Premises.

1.72 Household Sharps Waste

“Household Sharps Waste” means home -generated sharps, as defined in Section 117671 of the California Health & Safety Code, including hypodermic needles, pen needles, intravenous needles, lancets, and other devices that are used to penetrate the skin for the delivery of medications, which are generated by a Single -Family residence. Household Sharps Waste does not include any business generated waste or Medical Waste.

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1.73 Hot Spot Route

“Hot Spot Route” means the designated itinerary of stops along the City's right-of-way, such as sidewalks, alleys, streets, and parkways with a high intensity or frequency of abandoned Bulky Items.

1.74 Inclement Weather

“Inclement Weather ” means w eather conditions that prohibit the effective operation of Street Sweeping operations, such as heavy rain or winds.

1.75 Landfill

“Landfill” means a “solid waste landfill” as defined by Public Resources Code Section 40195.1.

1.76 Large Event

“Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.

1.77 Large Venue

“Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a venue facility includes, but is not limited t o, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attr action facility. A site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue.

1.78 Materials Recovery Facility ("MRF")

“Materials Recovery Facility ” means a p ermitted Solid Waste Facility where Solid Waste or Recyclable Materials are sorted or separated for the purposes of Recycling, processing, or composting.

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1.79 Mulch

“Mulch” means a layer of material applied on top of soil, and, for the purposes of the Agreement, Mulch shall conform with the following conditions, or conditions as otherwise specified in 14 CCR Section 18993.1(f)(4):
1) Meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land application spec ified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
2) Was produced at one or more of the following types of Facilities:
a. A compostable material handling operation or Facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized u nder 14 CCR, Division 7, other than a chipping and grinding operation or Facility as defined in 14 CCR Section 17852(a)(10);
b. A Transfer/Processing Facility or Transfer/Processing operation as defined in 14 CCR Section 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR, Division 7; or,
c. A Solid Waste Landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR, Division 2.

1.80 Multi- Family Residential Dwelling, Multi-Family Residential, or Multi-Family

“Multi-Family Residential Dwelling” “Multi- Family Residential” or “Multi- Family” means of, from, or pertaining to Residential Premises with five (5) or more dwelling units. Multi-Family Residential Dwellings do not include hotels, motels, or other transient occupancy facilities.

1.81 Non-Collection Notice

“Non-Collection Notice” means a form developed by Contractor, and approved by City, to notify customers of the reason for non- collection of materials set out by the Customer for Collection.

1.82 Non-Compostable Paper

“Non-Compostable Paper” includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the Composting process.

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1.83 Non-Organic Recyclables

“Non-Organic Recyclables” means non -putrescible and non-hazardous recyclable wastes, including but not limited to bottles, cans, metals, plastics, and glass.

1.84 Notice of Violation

“Notice of Violation” (NOV) means a notice that a violation of the Solid Waste provisions of the City Code or SB 1383 Regulations has occurred.

1.85 Organic Recycling

“Organic Recycling” means the processing of Organic Waste or Organics for the purpose of returning them to the economy in the form of raw materials for new, reused, or reconstituted products, or for conversion to energy.

1.86 Organic Waste

“Organic Waste” means Solid Waste containing material originated from living organisms and their metabolic waste products, including but not limited to Food Scraps, Green Waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Papers, manure, biosolids, digestate, and sludges. Biosolids and digestate are defined in 14 CCR Section 18982(a).

1.87 Organic Waste Generator

“Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Waste.

1.88 Owner

“Owner” means the person holding the legal title to the real prope rty constituting the Premises to which Solid Waste Collection Services are to be provided under this Agreement or the person holding legal title to the disposal site, depending upon the context used in this Agreement.

1.89 Parking Lot

“Parking Lot” means an asphalt, concrete or other hard surfaced area primarily used for the parking of automobiles.
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1.90 Person

“Person” means any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, the State of California, the County of Orange, cities, and special purpose districts.

1.91 Premises

“Premises” means any land, or building in City where Solid Waste is generated or accumulated.

1.92 Process, Processed, or Processing

“Process”, “Processed”, or “Processing’” means the controlled separation, Recovery, volume reduction, conversion, or Recycling of Solid Waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of Recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment.

1.93 Prohibited Container Contaminants

“Prohibited Container Contaminants” means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the Blue Container; (ii) disc arded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the Green Container; (iii) discarded materials placed in the Black Container that are identified as acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in the Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any Container.

1.94 Rate Year

“Rate Year ” means the period July 1 to June 30, for each year during the Term of this Agreement.

1.95 Recovery

“Recovery” means any activity or process described in 14 CCR Section 18983.1(b).

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1.96 Recycling

“Recycling” means the processing of Recyclable Materials for the purpose of returning them to the economy in the form of raw materials for new, reused, or reconstituted products. The Collection, transportation or Disposal of Solid Waste not intended for, or capable of, reuse is not Recycling. Recycling does not include use of Solid Waste for conversion to energy.

1.97 Recyclable Materials or Recyclables

“Recyclable Materials ” means Solid Waste that is Source Separated, has some potential economic value, and is set aside, handled, packaged, or offered for Collection in a manner different from Refuse in order to allow it to be processed for Recycling.

1.98 Recycled Content Paper

“Recycled-Content Paper” means paper products and printing and writing papers that consists of at least 30 percent, by fiber weight, postconsumer fiber.

1.99 Refuse

“Refuse” means putrescible and non-putrescible Solid Waste.

1.100 Renewable Natural Gas

“Renewable Natural Gas” or “RNG” means gas derived from Organic Waste that has been diverted from a Landfill and processed at an in -vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recover Organic Waste.

1.101 Residential

“Residential” refers to services performed at and for Residential Premises, which include both Single-Family and Multi-family.

1.102 Residential Premises

“Residential Premises” means Premises upon which dwelling units exist, including, without limitation, Single-family and Multi-family Premises, apartments, condominiums, mobile homes, efficiency apartments, and second units. Notwithstanding any provision to the contrary in this Agreement, in the Orange Municipal Code, or otherwise, for purposes of this Agreement, Premises upon which the following uses are occurring shall not be deemed to be 570
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Residential Premises, and rather shall be deemed to be Commercial Premises: Assisted Living Facilities, Convalescent Homes, Dormitories, Extended Stay Motels, Group Residential Facilities, Group Care Facilities, Hotels, Motels, and any other businesses not specifically listed at which residency is transient in nature and hence should be classifie d as Commercial Premises as determined by City on a case by case bases.

1.103 Re-Sweeps

“Re-Sweeps” mean t hose sweeps required of Contractor when previous sweeps have been deemed by City to be of poor quality, or when a Street or sections of a Street have been missed by Contractor during regularly scheduled Street Sweeping. Re-sweeps are completed at the expen se of Contractor, and shall be completed within 24 -hours of notice, weather permitting.

1.104 Roll-off Box

“Roll-off Box” means a Solid Waste Collection Containers of 10 -yards or larger capable of being loaded via winch onto a Roll-off vehicle equipped with rails.

1.105 Roll-off Collection Service

“Roll-off Collection Service” means providing Solid Waste Collection Services using Roll -off Boxes or Roll-off Compactors.

1.106 Roll-off Compactor

“Roll-off Compactor” means an enclosed container equipped with a hydraulic packing ram with a capacity from 15 to 35 yards, which is designed to be pulled onto a Roll-off vehicle.

1.107 Route Review

“Route Review” means a visual inspection of Containers along a Hauler Route for the purpose of determining whether Prohibited Container Contaminants were placed in a Container and may include mechanical inspection methods such as the use of cameras.

1.108 SB 1383

“SB 1383” means Senate Bill 1383 (Chapter 395, Statutes of 2016) , establishing methane emissions reduction targets in a statewide effort to reduce emissions of short -lived climate pollutants as amended from time to time.
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1.109 SB 1383 Regulations

“SB 1383 Regulations” or refers to the Short -Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.

1.110 Self-hauler (or Self-haul)

“Self-hauler” or “Self -haul” means a Person who hauls Solid Waste, Organic Waste, or recovered material he or she has generated to another Person. Self -hauler also includes a Person who Back-hauls waste, or as otherwise defined in 14 CCR section 18982(a)(66).

1.111 Service Level

“Service Level” refers to the number and size of a Customer’s Container(s) and the frequency of Solid Waste Collection Services, as well as ancillary services such as lock/unlock se rvice, Container push/pull service, etc.

1.112 “Single-Family Residential Dwelling ”, “Single -Family Residential” or “Single - Family”

“Single-Family Residential Dwelling,” “Single-Family Residential,” or “Single-Family” means a dwelling unit in a building containing four (4) or fewer Residential dwelling units. Single-family Dwelling units generally receive individual Cart Refuse Collection service, but service type is not dependent upon unit count unless specifically stated.

1.113 Solid Waste

“Solid Waste” has the same meaning as defined in Public Resources Code Section 40191, and means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including trash, Refuse, rubbish, Recyclable Materials, Organic Waste, ashes, industrial wastes, C&D, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not Hazardous Waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
1) Hazardous Waste, as defined in the Public Resources Code Section 40141.

Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health & Safety Code). 572
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Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health & Safety Code).

Untreated medical waste shall not be disposed of in a Solid Waste Landfill, as defined in Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the Public Resources Code.

1.114 Solid Waste Handling Services

“Solid Waste Handling Services ” means the Collection, Transfer, Transport, storage, Recycling, Processing, and Disposal of Solid Waste.

1.115 Source Separated

“Source Separated” means the segregation by the Waste Generator of individual components of Solid Waste, which otherwise would become Refuse or garbage (such as glass bottles, metal cans, newspapers, plastic containers, etc.) into separate Container(s) for the purpose of allowing the Recycling of such materials.

1.116 Source Separated Blue Container Organic Waste (SSBCOW)

“Source Separated Blue Container Organic Waste” or “SSBCOW” means Source Separated Organic Waste that can be placed in a Blue Container.

1.117 Source Separated Green Container Organic Waste (SSGCOW)

“Source Separated Green Container Organic Waste” or “SSGCOW” means Source Separated Organic Waste that can be placed in a Green Container, excluding SSBCOW, carpets, Non - Compostable Paper, and textiles.

1.118 Source Separated Recyclable Materials

“Source Separated Recyclable Materials” means Source Separated Non -Organic Recyclables and SSBCOW.

1.119 Special Sweeps

“Special Sweeps” means those required by City other than regularly scheduled Street Sweeping and involving unusual conditions such as traffic hazards, sewer overflow/spills, special City events, etc. Billing for special sweeps is based on an hourly rate with travel time excluded, as approved by City.
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1.120 State

“State” means the State of California.

1.121 Streets

“Streets” means all dedicated public rights -of-way within the existing or future corporate limits of City that are paved, whether curbed with or without gutters or uncurbed.

1.122 Street Sweeping

“Street Sweeping” means t he removal by mechanical street sweepers of all debris from all portions of the Street, including, but not limited to both sides of residential streets, adjacent to residential raised medians, Street intersections, the areas adjacent to arterial Street curbs and raised medians (such as left turn pockets), the center striped areas of arterial streets, and City owned alley ways.

1.123 Street Sweeping Debris

“Street Sweeping Debris ” means al l litter, rubbish, leaves, sand, dirt, garbage , and other foreign material removable from a paved Street with a mechanical street sweeper.

1.124 Street Sweeping Routes

“Street Sweeping Routes” means the designated street sweeping routes per the maps in Appendix A.

1.125 Term

“Term” means the term of this Agreement, including any agreed upon extension periods.

1.126 Tier One Commercial Edible Food Generators

“Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982:
1) Supermarket.
2) Grocery Store with a total facility size equal to or greater than 10,000 square feet. 3) Food Service Provider.
4) Food Distributor.
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5) Wholesale Food Vendor.

1.127 Tier Two Commercial Edible Food Generators

“Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982:
1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
2) Hotel with an on-site food facility and 200 or more rooms. 3) Health facility with an on-site food facility and 100 or more beds. 4) Large Venue.
5) Large Event.
6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
7) A Local Education Agency with an on-site food facility.

1.128 Temporary Bin Collection Service

“Temporary Bin Collection Service” means Collection of occasional accumulations of Solid Waste from Bins that is not generated from ongoing activities or operations, but which is either (a) Solid Waste resulting from construction, remodeling, repair, demolition, sit e preparation, or grading; or (b) other temporary Solid Waste Collection where a Bin is provided for no more than 30 consecutive days, or no more than 60 days in any 90-day period.

1.129 Temporary Roll-off Box Collection Service

“Temporary Roll-off Collection Service” means Collection of occasional accumulations of Solid Waste from Roll-off Boxes that is not generated from ongoing activities or operations, but which is either (a) Solid Waste resulting from construction, remodeling, repair, demolition, site preparation, or grading; or (b) other temporary Solid Waste Collection where a Roll -off Box is provided for no more than 30 consecutive days, or no more than 60 days in any 90-day period.

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1.130 Transfer

“Transfer” means the act of transferring Solid Waste Collected by Contractor from Contractor’s Collection vehicles into larger vehicles at a Transfer Facility for Transport to other Facilities for Processing or Disposal of such materials.

1.131 Transfer Station

“Transfer Station” means a Facility that received Solid Waste from Collection vehicles and transfers the material to larger vehicles for transport to landfills and other destinations.

Transfer Stations may or may not also include MRFs, transferring residual Refuse (Refuse left after the sorting of Recyclable Materials) to landfills and Recyclable Materials, including Green Waste and/or Construction and Demolition debris, to processors, brokers or end - users.

1.132 Transformation

“Transformation” means incineration, pyrolysis, distillation, gasificat ion, or biological conversion other than composting.

1.133 Transformation Facility

“Transformation Facility” means a facility whose principal function is to convert, combust, or otherwise Process Solid Waste by incineration, pyrolysis, distillation, or biological conversion other than Composting. A Transformation Facility does not include a Composting Facility or a biomass conversion Facility.

1.134 Travel Speed

“Travel Speed” means the sweeper operator speed in miles per hour while the sweeping head is lowered in the operating position.

1.135 Universal Waste

“Universal Waste” shall mean those Hazardous Wastes identified as universal wastes in 22 CCR Section 66261.9, including, but not limited to, fluorescent bulbs and tubes; household batteries (e.g., D, AA, button-type, etc.); non- empty aerosol cans; electronic devices (e.g., televisions, computer monitors, cell phones, radios, video cassette recorders, etc.); and mercury containing devices (e.g., thermometers, thermostats, gauges, etc.), and generated by a Single-Family or Multi-Family residence. Universal Waste does not include any business generated waste.
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1.136 Waste Evaluation

“Waste Evaluation” means a procedure in which representative samples of Refuse, Recyclable Materials, and Organic Waste are taken from vehicle loads and sorted at a permitted Facility to determine the degree to which the materials are contaminated.

1.137 Waste Generator

“Waste Generator” means any Person as defined by the Public Resources Code, whose act or process produce s Solid Waste as defined in the Public Resources Code, or whose act first causes Solid Waste to become subject to regulation.

1.138 White Goods

“White Goods” means discarded enameled household appliances, such as refrigerators, freezers, stoves, washer/dryers, water heater s, dishwashers, trash compactors and similar items.

1.139 Work Day

“Work Day” means any day Monday through Friday, which is not a holiday designated in Section 4.6.1.1 of this Agreement.
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2. GRANT AND ACCEPTANCE OF FRANCHISE

2.1 Grant and Acceptance of Franchise, Indemnity of Award

Subject to the terms and conditions of this Agreement and applicable State laws, and to the rights of State, county and school district facilities to use a Solid Waste enterprise other than Contractor, City hereby grants to Contractor and Contractor hereby accepts from City, for the Term in this Agreement , the exclusive franchise, right and privilege to provide Solid Waste Handling Services at all Residential and Commercial Premises within City (the “Franchise”).

Contractor agrees to and shall timely take all actions that are reasonably necessary to defend the validity and enforceability of this Agreement and shall pay all costs related to such defense. Contractor shall defend, indemnify, protect and hold harmless, City, its officers, agents and employ ees from any and all claims, actions or proceedings to attack, set aside, void, annul or seek monetary damages resulting from an approval by City of this Agreement.

City shall promptly notify Contractor of any such claim, action, or proceeding. City and Contractor shall meet in good faith in an effort to come to a mutual agreement for a joint defense; provided that City shall be entitled to select legal counsel of its choice to conduct the defense if an agreement cannot be reached. Contractor's obligations to pay all costs, defend, indemnify, protect and hold harmless under this section shall not be altered in the event City retains separate counsel and shall also include reimbursement to City for time spent by its in-house City attorneys responding to the litigation.

2.2 Enforcement of Exclusivity

Contractor shall be responsible for enforcing the exclusivity of this Agreement. City shall have the right to enforce the exclusivity provisions in this Agreement if, in its absolute and sole discretion, it chooses t o do so, but shall have no obligation to do so for the benefit of Contractor or otherwise. City additionally shall have the right, but not the obligation, to request that Contractor enforce the exclusivity provisions in this Agreement. Contractor shall have an affirmative obligation to enforce such exclusivity provisions when requested to do so by City. If Contractor requests that City take administrative, law enforcement, or other legal action to protect Contractor's exclusive rights, or otherwise enforce the exclusivity of this Agreement (including the adoption of any resolution or ordinance intended to facilitate the enforcement of the exclusive rights granted in this Agreement ), Contractor shall reimburse City for all administrative, law enforcement, or other legal costs and fees related to any such action. Contractor's obligation to reimburse City shall not apply to any criminal enforcement by City.

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2.3 Effective Date

The “Effective Date ” of this Agreement shall be the date that City Council approves this Agreement.

2.4 Term of Agreement - Solid Waste

The initial term of this Agreement (the “Term”) shall be ten (10) years, commencing on February 1, 20 24, and expiring January 31, 2034, subject to extension as provided in this Agreement. Notwithstanding the fo regoing, the unexcused failure or refusal of Collector to perform any material term, covenant, obligation or condition contained in this Agreement shall give rise to the right, in favor of City, for earlier termination of this Agreement for cause in accordance with the procedures elsewhere contained in this Agreement.

2.5 Option to Extend Term

The Term of this Agreement may be extended by mutual agreement of the P arties for an additional five-year period. Either Party intending to extend the Term for an additional five - year period shall notify the other Party of its desire to do so no later than twenty -four (24) months prior to the end of the then existing Term.

2.6 Representations and Warranties of Contractor

Contractor hereby covenants, represents, and warrants the following to City for the purpose of inducing City to enter into this Agreement and to consummate the transaction contemplated hereby, all of which shall be true as of the date of this Agreement and as of the Effective Date:

a) Contractor is validly existing as a corporation under the laws of the State of California.

b) Neither the execution of this Agreement nor the delivery by Contractor of services nor the performance by Contractor of its obligations hereunder: (1) conflicts with, violates or results in a breach of any Applicable Law; (2) conflicts with, violates or results in a breach of any term or condition of any judgment, decree, agreement (including, without limitation, the certificate of incorporation of Contractor) or instrument to which Contractor is a party or by which Contractor or any of its properties or assets are bound, or constitutes a default under any such judgment, decree, agreement or instrument; or (3) will result in the creation or imposition of any encumbrance of any nature whatsoever upon any of the properties or assets of Contractor. 579
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c) There is no action, suit or other proceeding as of the date of this Agreement, at law or in equity, or to the best of Contractor's knowledge, any investigation, before or by any court or governmental authority, pending or threatened against Contractor which is likely to result in an unfavorable decision, ruling or finding which would materially and adversely affect the validity or enforceability of this Agreement or any such agreement or instrument entered into by Contractor in connection with the transactions contemplated hereby, or which could materially and adversely affect the ability of Contractor to perform its obligations hereunder or which would have a material adverse effect on the financial condition of Contractor. This provision may be waived by the City acting through its City Manager or designee.

d) Contractor has no knowledge of any Applicable Law in effect as of the date of this Agreement that would prohibit the performance by Contractor of this Agreement and the transactions contemplated hereby.

e) Contractor has made an independent investigation, satisfactory to it, of the conditions and circumstances surrounding this Agreement and the work to be performed by it, and is satisfied that those conditions and circumstances will not impair its ability to perform the work and provide the Solid Waste Handling and Street Sweeping services required by this Agreement.

f) The information supplied by Contractor in all submittals made in connection with negotiation and execution of this Agreement, including all materials in exhibits of this Agreement, and all representations and warranties made by Contractor throughout this A greement are true, accurate, correct and complete in all material respects on and as of the Effective Date of this Agreement. Note that inaccuracies in Contractor's submittals, are grounds for termination of this Agreement.

g) Contractor's representative, designated in Section 6.2.4, shall have authority in all daily operational matters related to this Agreement. City may rely upon action taken by such designated representative as action of Contractor unless the actions taken are not within the scope of this Agreement.

h) Contractor has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regul ations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA). Contractor further represents and warrants that it has not and will not knowingly employ any 580
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individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement. Contractor has properly maintained and shall at all times during the term of this Agreement properly maintain, all related employment documentation reco rds including, without limitation, the completion and maintenance of the Form I -9 for each of Contractor’s employees. Contractor has responded, and shall at all times during the T erm of this Agreement respond, in a timely fashion to any government inspecti on requires 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. Contractor agrees to verify the legal status o f all of its employees and provide documentation of such verification whenever requested by the City. If Contractor discovers that any employee it has retained is not in compliance with Immigration Laws, Contractor agrees to terminate such employee. Contractor shall require all subcontractors and/or sub-consultants to make these same representations and warranties when hired to perform services under this Agreement.

i) The Santa Ana Regional Water Quality Control Board ("RWQCB") has issued National Pollutant Discharge Elimination System ("NPDES") Permit No. R8 - 2009-0030 (the "Permit"), which governs storm water and non -storm water discharges resulting from municipal activities performed by the City or its contractors. In order to comply with the Permit requir ements, the County of Orange has prepared a Drainage Area Management Plan ("DAMP"), containing Model Maintenance Procedures with Best Management Practices ("BMPs") that the City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, storm water runoff, and receiving water quality. Examples include: wash water from cleaning of sidewalks or Parking Lots must be collected and disposed of in the sewer or landscaped areas. The Permit, the DAMP , and the Model Maintenance Procedures are on file in the office of the City's Director of Public Works, which is located at 300 E. Chapman Avenue in the City of Orange. The Contractor hereby acknowledges that it has read, reviewed and understands the Permit, the DAMP, and the Model Maintenance Procedures, as they relate to the Street Sweeping services and hereby agrees to perform the Street Sweeping services in conformance therewith.

2.7 Conditions to Effectiveness of Agreement

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The satisfaction of each and all of the conditions set out below, each of which may be waived in whole or in part by City in writing, is a condition precedent to the ef fectiveness of this Agreement, and a condition of Contractor's continued right to the benefits conveyed in this Agreement:

a) Accuracy of Representations. All representations and warranties made by Contractor and set forth in this Agreement shall be accurate, true and correct on and as of the Effective Date and shall remain so during the Term of this Agreement.

b) Absence of Litiga tion. There shall not be any litigation pending in any court challenging the award of this Franchise to Contractor or the execution of this Agreement or seeking to restrain or enjoin its performance. This provision may be waived by the City, acting through its City Manager or designee.

c) Furnishing of Insurance, Bond, and Letter of Credit. Contractor shall have furnished evidence of the insurance, bonds and letter of credit required by Section 10 and shall comply with all ongoing requirements relating thereto.

2.8 Delegation of Authority

The administration of this Agreement by City shall be under the supervision and direction of the Public Works Department and the actions specified in this Agreement, unless otherwise stated, shall be taken by the City Manager or designee. This section shall in no way be interpreted to obviate required City Council action if so provided in the Orange Munic ipal Code.

2.9 Limitations to Scope

Notwithstanding any provision to the contrary contained in this Agreement , the exclusive franchise, right and privilege to provide Solid Waste Handling Services at Premises within City granted to Contractor by this Agreeme nt specifically excludes the following services, which services may be provided by Persons other than Contractor and which may be the subject of other permits, licenses, franchises or agreements issued or entered by City:

a) The sale or donation of Source Separated Recyclable Material by the Waste Generator to any Person or entity other than Contractor; provided, however, to the extent permitted by law, if the Waste Generator is required to pay monetary or non -monetary consideration for the Collection, transp ortation, transfer, or processing of Recyclable Material, the fact that the Waste Generator receives a reduction or discount in price (or in other terms of the 582
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consideration the Waste Generator is required to pay) shall not be considered a sale or donation;

b) Solid Waste, including Recyclable Materials and Green Waste, which is removed from any Premises by the Waste Generator, and which is transported personally by such Waste Generator (or by his or her full -time employees) to a processing or Disposal Facility in a manner consistent with all A pplicable Laws and regulations;

c) Green Waste removed from a Premises by a gardening, landscaping, or tree trimming Contractor, utilizing its own equipment, as an incidental part of a total service offered by that Contractor rather than as a hauling service;

d) The Collection, transfer, transport, Recyc ling, processing, and Disposal of animal remains from slaughterhouse or butcher shops for use as tallow;

e) The Collection, transfer, transport, Recycling, processing, and Disposal of by- products of sewage treatment, including sludge, sludge ash, grit, and screenings;

f) The Collection, transfer, transport, Recycling, processing, and Disposal of Hazardous Substances, Hazardous Waste, Household Hazardous Waste , and radioactive waste regardless of its source;

g) Construction and Demolition Debris which is removed b y a duly licensed construction or demolition company or as part of a total service offered by said licensed company or by the City, where the licensed company utilizes its own equipment;

h) The Collection, transfer, transport, Recycling, processing, and Disposal of Solid Waste by City through City officers or employees in the normal course of their City employment; and,

i) Solid Waste Handling Services for governmental agencies other than City, which may have facilities in City, but over which City has no juris diction in connection with the regulation of Solid Waste.

The exclusive franchise, right and privilege to provide Solid Waste Handling Services within City granted to Contractor by this Agreement shall be interpreted to be consistent with all applicable State and Federal laws, now in effect and adopted during the term of this Agreement, and the scope of this Agreement shall be limited by all applicable current and 583
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developing laws and regulations. In the event that future interpretations of current law, future enactments or developing legal trends limit the ability of City to lawfully grant Contractor the scope of services as specifically set forth in this Agreement, Contractor agrees that the scope of this Agreement will be limited to those services and mat erials which may be lawfully provided, and that City shall not be responsible for any resulting lost profits claimed by Contractor.

2.10 City's Right to Direct Changes

2.10.1 General

City may direct Contractor to perform additional services (including new Diversion programs, additional Solid Waste processing, etc.) or modify the manner in which it performs existing services or Bills for services. Pilot programs and innovative services which may entail new Collection methods, and different kinds of services and/or new requirements for Waste Generators are included among the kinds of changes which City may direct. Contractor acknowledges that State law may increase the Diversion requirement during the term of this Agreement and Contractor agrees to propose services to meet such Diversion requirements.

Contractor shall be entitled to an adjustment in its Compensation for providing such additional or modified services, including a profit fac tor equal to ten percent (10%) of the incremental cost of such additional or modified services. If City and Contractor cannot agree on compensation for new or additional services, then City may contract with other parties for such services, which shall be considered exempt from the exclusivity provisions of Section

2.1. 2.10.2 New Diversion Programs

Contractor shall present, within thirty (30) days of a request to do so by City, a proposal to provide additional or expanded Diversion services. The proposal shall contain a complete description of the following:

a) Collection methodology to be employed (equipment, manpower, etc.).

b) Equipment to be utilized (vehicle number, types, capacity, age, etc.).

c) Labor requirements (number of employees by classification).

d) Type(s) of Containers to be utilized.

e) Type(s) of material to be Collected.

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f) Provision for program publicity/education/marketing.

g) Three-year projection of the financial results of the program's operations in an operating statement format including documentation of the key assumptions underlying the projections and the support for those assumptions.

2.11 Ownership of Solid Waste

City and Contractor understand and agree that it is Contractor, and not City, who will arrange to Collect Solid Waste, that City has not, and, by this Agreement does not, instruct Contractor on its Collection methods, nor supervise the Collection process; nor do the Parties intend to place ti tle to Solid Waste Collected by Contractor in City. Rather, the Parties intend that whatever, if any, title in and to the Solid Waste that is Collected by Contractor which otherwise might exist in or with City in the absence of this Agreement is hereby tra nsferred to Contractor; and further that if Contractor gains title to such Solid Waste it is by operation of law and agreement with its Customers and is not the result of this Agreement. Subject to the provisions of this Agreement, and unless City exercises its rights to direct the location for Disposal and processing of Solid Waste, Contractor shall have the right to retain, Recycle, process, dispose of, and otherwise use Solid Waste Collected pursuant to the terms in this Agreement in any lawful fashion or for any lawful purpose; and, further, shall have the right to retain any benefit resulting from its right to retain, Recycle, process, dispose of, or reuse the Solid Waste which it Collects. Ownership of Solid Waste shall transfer to Contractor when Customer places it at point of Collection.

2.12 Contractor Authorization

Contractor represents and warrants that it has the authority to enter into and perform its obligations under this Agreement. The Board of Directors or partners of Contractor (or the shareholders, if necessary) have taken all actions required by law, its articles of incorporation, its bylaws or otherwise to authorize the execution of this Agreement. The Persons signing this Agreement on behalf of Contractor have authority to do so. Con tractor shall authorize one employee to serve as a single point of contact for the City for issues arising under this Agreement, and Contractor acknowledges and agrees that City may expect and assume that this employee's actions are taken on behalf of and with the full approval of the Contractor.

2.13 Permits and Licenses

Contractor shall acquire and maintain all necessary permits and licenses for the Collecting, transporting, processing, and storing of Solid Waste and Recyclables, disposing of Solid Waste, the Recycling of Recyclables, and the disposition of any waste product as a result of sweeping the streets, as required under this Agreement. Failure to maintain all required 585
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permits shall be deemed a material breach of contract for which City may terminate this Agreement as provided in Section 12.2. Contractor must follow requirements of the Orange Municipal Code, including, but not limited to, obtaining a City of Orange business license.

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3. AMOUNTS PAID TO THE CITY

In addition to any other consideration set forth in this Agreement, as part of its consideration for entering into this Agreement, and for the exclusive franchise, right and privilege to provide Solid Waste Handling and Street Sweeping Services as specified in this Agreement, Contractor shall provide the following:

3.1 Payments to City

3.1.1 Retroactive Road Mitigation Reimbursement

Contractor shall pay to the City a Retroactive Road Mitigation Payment in a one-time lump sum payment equal to six million dollars ($ 6,000,000) within thirty (30) days of the Effective Date.

3.1.2 Annual Road Mitigation Reimbursement

To support City’s maintenance costs for impacts of refuse vehicles on City streets and roads, Contractor shall pay to City an annual Road Mitigation Payment. The initial Road Mitigation Payment effective February 1, 2024 shall be equal to two million dollars ($2,000,000).

3.1.3 Annual Public Education Payment

To support City ’s outreach and administration of various Solid Waste programs, public education efforts and awards, Contractor shall pay to City an annual Public Education Payment. The Public Education Payment effective February 1, 2024 shall be equal to fifty-six thousand dollars ($56,000).

3.1.4 Annual Administrative Payment

To support City's contract enforcement costs, Contractor shall pay to City an annual Administrative Payment. The Administrative Payment effective February 1, 2024 shall be equal to ninety-eight thousand dollars ($98,000).

3.1.5 Annual Adjustment of City Payments

The annual payments outlined in this Section 3.1 shall be adjusted annually on each July 1st during the Term. The annual payments shall be adjusted based on the percent change in CPI, as defined in Section 1.41, for the 12-month period ended the prior December. The new fee 587
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will go into effect each July 1st payment (first adjustment applies to payments effective July 1, 2025).

3.1.6 Timing of Payments

The Road Mitigation Payment, Public Education Payment, and Administrative Payment shall each be paid in four equal quarterly installments, by January 1st, April 1st, July 1st, and October 1st of each year during the Term of the Agreement. The first payment shall be due on February 1, 2024. If a payment is not paid on or before the due date, Contractor shall pay to City a penalty in an amount equal to ten percent (10%) of the amount owing for that quarter, plus interest at a rate of one and one-half (1.5%) per month.

3.2 Facility Host Payment

In the event Contractor, or any of its Affiliates, develops, acquires, or otherwise takes control of any Facility in the City used to Accept, Process, or Transfer Solid Waste, Contractor agrees to pay the City a mutually agreeable host payment prior starting operations . The Host Payment shall be calculated on all Solid Waste tons (including Refuse, Recyclables, and Organics) delivered to the Facility by Contractor, third party waste haulers, Commercial Customers or the general public.
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4. DIRECT SERVICES – WASTE MANAGEMENT

4.1 Refuse

4.1.1 General

The work to be done by Contractor pursuant to this Agreement shall include, but not be limited to, the furnishing of all labor, supervision, equipment, materials, supplies, and all other items necessary to perform the services required. The enumeration of, and specification of requirements for, particular items of labor or equipment shall not relieve Contractor of the duty to furnish all others, as may be required, whether enumerated elsewhere in the Agreement or not , and shall be in full compliance with the Safety Orders Regulations of the Division of Industrial Safety of the State of California, Title 8, California Code of Regulations (CAL/OSHA), and all applicable OSHA regulations as well as all other applicable California regulations.

The work to be done by Contractor pursuant to this Agreement shall be accomplished in a thorough and professional manner so that all Customers are provided reliable, courteous and high-quality Solid Waste Collection Services at all times. The enumeration of, and specification of requirements for, particular aspects of serv ice quality shall not relieve Contractor of the duty of accomplishing all other aspects in the manner provided in this section, whether such other aspects are enumerated elsewhere in the Agreement or not.

4.1.2 Residential Cart Refuse Collection

Contractor shall provide all Customers at Single-family and Multi-family Premises without Bin Service, with one Cart ( “Refuse Cart(s)”) and shall Collect all Refuse placed in the Cart for Collection not less than once per week. If there is a dispute between a Customer and Contractor as to whether Cart or Bin service shall be provided, City will make the final determination.

Contractor may charge the Customer based on each Customer’s size and number of Refuse Carts according to the monthly rate schedule in Exhibit A. Customers that regularly require more than one Refuse Cart may request additional Carts for an additional charge per Cart per month in accordance with the rate in Exhibit A.

4.1.3 Alley Collection

The alley shall remain the point of Collection for Residential Customers that have historically had Containers Collected in the alley. Such Customers shall receive the same services as Customers with curbside Collection. Containers shall not be stored in public right-of-way.

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4.1.4 Refuse Cart Overage

Residential Cart Customers may periodically generate more Refuse than will fit in the Refuse Cart(s). Residential Customers are therefore entitled to two (2) pickups per calendar year of material that does not fit in the Refuse Cart(s) at no additional cost. One pickup shall consist of up to the equivalent of three (3) large bags, boxes , or barrels of Refuse. Contractor shall Collect all Refuse put out for Collection in addition to the foregoing two (2) pickups to be provided at no charge. Residential Customers may be charged per pickup in accordance with the approved rate schedule for overage pickups above two (2) per year. In addition to the two (2) free pickups, Contractor shall Collect all additional Refuse placed out for Collection in the Residential Customer's own Containers (bags, barrels, etc.) at no additional charge for two weeks beginning each December 26. This service is limited to Refuse that could otherwise be placed in the Refuse Cart, and not Bulky Items which are Collected in accordance with Section 1.17 and 4.1.17. Commerc ial Customers may request Cart overage Collections in accordance with the approved rate but are not entitled to free overage Collections.

4.1.5 Backyard Service for the Disabled

Contractor shall provide disabled Customers with backyard service at no additional charge.

Contractor shall remove Refuse, Recyclable, and Green Waste Containers and Green Waste bundles from Customer's storage area, place them out for Collection, and return Containers to Customer's storage area after Collection, ensuring that all doors or gates are closed securely. To qualify as a disabled Customer under this section, Customers must have been issued a handicap placard from the California Department of Motor Vehicles or otherwise obtain approval to receive such service from the City. Additionally, backyard service need not be provided if an able-bodied person resides with the disabled Customer.

4.1.6 Bin Refuse Collection

Contractor shall provide Bin Service to Single -family Customers that request this service, Multi-family Customers not receiving Cart service, and Commercial Customers. Contractor shall Collect and remove all Refuse that is placed in Bins from the property of Customers receiving Bin Service, at least once per week and more frequently if required to handle the waste generated at the Premises where the Bins are located. City shall make final determination as to the number and size of Containers, and frequency of Collection to be provided to Customer s. Special consideration shall be given when determining the pickup areas to ensure that the flow of traffic is not impeded.

Contractor shall provide 2, 3 , 4, and 6 cubic yard Bins upon request. Contractor will service Bins equipped with compaction device s or “ compactors” that attach to the Bins. The provision of the compaction device itself is outside this Agreement. 590
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Contractor may charge the Customer based on each Customer’s size and number of Refuse Bins according to the monthly rate schedule in Exhibit B.

4.1.7 Commercial Premises Cart Service

As an alternative to the requirements of Section 4.1.6, Contractor shall offer Collection in Refuse and Recycling Carts (two Carts; one of each) to Customers at Commercial Premises that do not have space for, or do not generate enough waste to require the use of Bins for Collection. If Contractor and Customer have a disagreement as to whether a Cart is appropriate, or if City determines the Colle ction in Cart s causes health and safety or other concerns, City shall make the final determination as to whether Collection in Carts may occur.

Bulky Item pickups shall be provided to Commercial Cart Customers as allowed for Commercial Bin, and not Residen tial Customers. Each set of Commercial Refuse and Recycling Carts will be charged at the Commercial Cart rate in Exhibit B.

4.1.8 Overflowing Commercial Containers

Customers that regularly produce more Refuse than their current level of service can accommodate may have their service level increased in accordance with the following procedure:

a) First Incident in Three-Month Period - If more material is placed for Collection than fits in a Bin or Cart (unless Collection of the overage has been properly arranged under Section 4.1.4), Contractor s hall photograph the overflowing Container, Collect the Solid Waste, and send to the Customer (at both the service and Billing addresses) the picture and a letter instructing that the next instance of an overflowing Container may result in a charge, and possibly in an increase in the level of service.

b) Second Incident in Three -Month Period - Upon the second event of an overfilled Bin or Cart (unless Collection of the overage has been properly arranged under Section 4.1.4 ) in a three -month period, Contract or shall photograph the overflowing Container, Collect the Solid Waste, and send to the Customer the picture and a letter instructing that a third incident in that same three-month period may result in an increase in the level of service. If the Bin overflowed sufficiently to require the driver to leave the Collection vehicle to clean around the Bin, Contractor may charge the Bin Overage Cleanup fee in the approved rate schedul e. If Refuse was left beside the Cart for Collection other than as permitted under Section 4.1.4 , Contractor may charge the Cart Overage Fee in Exhibit B.
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c) Third Incident in Three -Month Period - Upon the third event of an overfilled Bin or Cart (unless Collection of the overage has been properly arranged under Section 4.1.4) in a three -month period, Contractor shall photograph the overflowing Container, Collect the Solid Waste, and send to the Customer the picture and a letter requesting that Customer increase its service level. If the Customer declines, Contractor may petition City to permit Contractor to increase the service level to accommodate the higher demand for service. If the Bin overflowed sufficiently to require the driver to leave the Collection vehicle to clean around the Bin, Contractor may charge the Bin Overage Cleanup fee in the approved rate schedule. If Refuse was left beside the Cart for Collection other than as permitted under Section 4.1.4 , Contractor may charge the Cart Overage Fee in Exhibit B.

This procedure shall also apply to Bins that exceed a total weight of seven hundred fifty (750) pounds per Bin. In the event the Contractor identifies Customer Bins that exceed this weight limit, Contractor may weigh the Bin and document the weight of the Bin. Contractor may notify Customer of the overweight Bin and weight requirements . Upon the third incident occurring in a month, Contractor may assess Customer the Overage Clean up Bin service per lift as shown in Exhibit B.

4.1.9 Roll-off Box Service

Contractor shall provide exclusive (as limited by Section 2.9) permanent and temporary Roll- off Box and Compactor Collection service upon request. Contractor must deliver a temporary Roll-off Box to a Customer within twenty -four (24) hours of request ( excluding Saturdays, Sundays, and holidays identified in Section 4.6.1.1). Contractor may not charge for any services not listed in the rate schedule without prior approval of the City.

Contractor shall provide standard 10, 30 and 40 -cubic-yard standard Roll-off Boxes, or Compactors. The furnishing of Compactor Roll-off Boxes, which are enclosed Containers attached to a compaction device, is not included in this Agreement. Providing service to such compactor Roll-off Boxes is included.

Contractor may charge the Customers for Roll -off Box Service based on each Customer’s number of loads and amount and type of tons according to the rates shown in Exhibit C. The first four (4) tons Collected in any Roll-off load shall be Collected at no charge pursuant to the tonnage limit shown in Exhibit C.

4.1.10 Roll-off Compactor Service to Plaza Customers

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Contractor shall provide Roll-off Compactor service for the current and any future Plaza Customers in the c urrent or any future shared trash enclosures. Contractor shall manage, maintain, and invoice for the Roll-off Compactor services provided.

4.1.11 Temporary Bin Service

Contractor shall provide exclusive (as limited by Section 2.9) temporary Bin Service to Customers upon request. Contractor must deliver a temporary Bin to a Customer within twenty-four (24) hours of request ( excluding Saturdays, Sundays, and holidays identified in Section 4.6.1.1). Rates for temporary Bin Service are listed in Exhibit B.

4.1.12 Scout Vehicles

Scout vehicles are defined as vehicles that transport a Solid Waste Container to and from the point of Collection by a Collection vehicle. Scout vehicle service may be charge d for in accordance with the approved rate schedule under the following circumstances: 1) by request of City or Customer; 2) when Contractor's smallest Collection vehicles can not physically service the Containers; or 3) use of even the smaller Collection vehicles would cause damage to private access roads. Disputes between the Contractor and the Customer as to whether scout service will be used will be decided and settled by the City Manager or designee. Contractor may charge the Customers for Scout Service according to the rates shown in Exhibit B.

4.1.13 Bin Pushout Service

Contractor may not charge a fee for pushing or rolling Bins to point of Collection.

4.1.14 Smaller Collection Vehicles

Some areas of the City are located on alleys, streets, and hills that are difficult to service using standard size Collection vehicle, but can be serviced using a smaller Collection vehicle. These areas shall be serviced using a smaller Collection vehicle. Customers may not be charged an extra fee for receiving service with small Collection vehicles.

4.1.15 Locking Bins

Contractor shall provide locking Bin Service (providing the hasp and lock and servicing the lock) to Customers that request such service in accordance with the rates shown in Exhibit B.

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4.1.16 Redelivery/Return Trip Fee

Contractor may charge a Redelivery/Return Trip Fee according to Exhibit B or Exhibit C in the event that Contractor arrives on time for a scheduled Collection of Bins or Roll -off Boxes, is impeded from Collection due to Container being blocked or otherwise unable to be Collected due to issues within the Customer's control, and Contractor mus t return a second time for Collection. The Redelivery/Return Trip charge may be assessed for the trip, but not per Bin or Roll-off Box, in the event of a Customer with multiple Bins or Roll-off Boxes.

4.1.17 On-Call Bulky Item Pickup

Contractor shall provide Bu lky Item pickup service to all Single -family, Multi-family and Commercial Customers. Each Residential Cart Customer, and Single -family Customers with Bin service, shall be entitled to six (6) Bulky Item pickups per calendar year at no additional charge. Each dwelling unit of each Residential Bin Customer with more than four (4)units shall be entitle d to six (6) Bulky Item pickup s per calendar year for each dwelling unit at no additional charge. Each Commercial customer shall be entitled to four (4) Bulky Item pickups per calendar year at no additional charge.

Customers may put out up to four (4) Bulky Items at each pickup. Contractor may instruct Customers to provide Contractor with a minimum of one (1) business day’s notice for the items which shall be Collected on the Customer's regular Collection day. Contractor shall Collect all Bulky Items as defined in Section 1.17 including items referred to as electroni c waste or “e-waste”. The following provisions shall apply to this program:

a) No single item that cannot be handled by two (2) workers will be accepted.

b) The following items will not be picked up: Hazardous Substances, Hazardous Waste, including waste oil o r anti -freeze. (For the purposes of this section, universal wastes such as fluorescent bulbs, household batteries, and televisions, monitors and other items referred to as “ e-waste” are not considered hazardous and shall be Collected by and disposed of in accordance with this section as well as Sections 4.1.18 and 4.1.19 by Contractor.

c) Contractor shall record by class and weight (in tons) the Solid Waste Collected from Bulky Item pickups. Contractor shall record the kinds and weights (in tons) of this Solid Waste that is diverted from the landfill through Recycling, reuse, Transformation, or other means of Diversion.

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Residential Customers that exceed the number of free pickups and Commercial Customers may receive Bulky Item Collection under the same terms for a fee, in accordance with the approved rate schedule in Exhibit A and Exhibit B.

4.1.18 Bulky Item Diversion

Bulky Items Collected by Contractor in accordance with Section 4.1.17, or otherwise Collected under this Agreement, may not be landfilled or disposed of until the following hierarchy of Diversion efforts have been followed by Contractor:

a) Reuse as is

b) Disassemble for reuse or Recycling

c) Recycle

d) Disposal

To accomplish this hierarchy, Contractor shall Collect Bulky Items in a separate vehicle designated for that purpose. Contractor shall not Collect Bulky Items into front or rear loading packer vehicles directly from the Customer’s Collection location.

4.1.19 Diversion of Electronic and Other Special Wastes

Contractor shall divert waste requiring special handling, such as electronic waste, or “ e- waste”, Collected in accordance with Sections 4.1.17 , 4.1.18 or 4.5.6, or by other means under this Agreement, by taking these goods to a properly permitted Facility, and not by landfilling.

4.2 Recycling

4.2.1 Single-family Recycling Collection

Contractor shall provide all Customers receiving Cart Refuse Collection, and Single-family Premises with Bin service, with a Cart for Collection of Recyclable Materials and shall Collect all Recyclable Materials placed in Carts for Collection not less than once per week. Contractor shall Collect Recyclable Materials from each Customer on the same day as Customers' Refuse Cart is Collected. Contractor shall Collect Recyclables in a separate Collection vehicle that collects only Source Separated Recyclables. Contractor shall have a Recycling program whereby it, at a minimum, collects all materials that can be recovered at the local processing Facility used by Contractor. Contractor shall update public education materials accordingly as 595
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new items are added to those recovered by the Facility. Upon Customer request, Contractor shall provide Customers with one (1) additional Recycling Cart at no additional charge.

Residents with Recycling Ca rts beyond two (2) per dwelling unit may be charged in accordance with Exhibit A.

4.2.2 Multi-family and Commercial Recyclables Collection

Upon Customer r equest or City direction, Contractor shall p rovide Recycling Collection service to Multi -family and Commercial Customers requesting it from the Contractor.

Contractor may purchase Recyclable Materials from its Customers as well. The Contractor agrees to provide Recycling Bins or Carts to such Customers in sufficient quantities to meet the Recycling needs of each Customer . Contractor shall Collect Recyclables in a separate Collection vehicle that collects only Source Separated Recyclables. Recycling Collection programs shall be made available at a minimum for the same materials as included above in Section 4.2.1 for the Single -family Recycling program. Co ntractor also agrees to make programs available for all other Recyclable Materials for which it has established markets.

For the provision of Multi- family Green Waste Collection Service, Contractor shall charge Customers rates that are eighty-five percent (85%) of the rate for Refuse Collection Service for an equivalent level of service (i.e., the same size and number of Containers, and number of pickups per week).

4.2.3 Warning Notice

Contractor shall place a red tag or other warning notice approved by the City on all Residential and Commercial Recyclable Material or Green Waste loads that are contaminated, indicating to the Customer why the load was not Collected and diverted, and providing Contractor's phone number. For Bin Customers, or Cart Customers with off-site management such as small apartment buildings, Contractor shall also mail a copy of the warning to the Customer's Billing address. Contractor shall notify City on a monthly basis of any warning notices issued pursuant to this section and shall provide copies of such warnings to City upon request. With prior written City authorization, Contractor may remove Recycling and Green Waste Containers from habitual contaminators that have received a total of three (3) warnings on either or both Containers in any six -month period. Residential Recycling and Green Waste Containers will be returned only after six (6) months, or upon direction of the City, or if there is a change of occupancy. Commercial Containers will be returned upon direction of the City, or if there is a change of occupancy.

Contractor shall visually inspect the contents of Residential Refuse Carts and, if significant Recyclable Materials are found, leave a notice educating Customer to better separate Recyclable Materials from Refuse.
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4.2.4 Marketing and Sale of Recyclable Materials

Contractor shall be responsible for marketing and sale of all Recyclable Materials Collected pursuant to this Agreement. Contractor may retain revenue from the sale of Recyclable Materials and shall report the amount of such revenues to City upon request.

4.2.5 Minimum Diversion Requirement

Contractor agrees to implement measures to meet the requirements of AB 939 with respect to the waste stream covered by this Agreement. Contractor shall recycle or divert from landfill sufficient waste to ensure that the City meets current requirements under AB 939.

Currently, all jurisdiction in California are required to divert sufficient waste from landfills such that they do not exceed their targeted per capita disposal as measured in pounds per person per day. Contractor shall be considered to have met this requirement if the City's actual per capita disposal is less than its targeted per capita disposal as shown in its Electronic Annual Report to the California Department of Resources Recycling and Recovery (CalRecycle). In any year that the City’s actual per capita disposal exceed s its targeted per capita disposal, the City may assess liquidated damages pursuant to Section 12.3 for failure to meet this goal.

In the event that the State increa ses Diversion requirements for local jurisdictions , the City and Contractor will discuss applicable solutions and programs to meet the new Diversion requirements. City and Contractor agree to negotiate with respect to any additional services related to AB 939, which Contractor and City agree to implement. Further indemnification and guarantee with respect to AB 939 is described in Section 10.3.

4.2.6 Construction and Demolition Debris Diversion

Contractor shall bring all loads of mixed Construction and Demolition Debris to a C&D processing Facility designated under this Agreement for separation and recovery of this material. Designated facilities include facilities approved by the City for use by self- haulers, facilities identified in Section 4.8 of this Agreement that process Construction and Demolition Debris, and any Facility for which Contractor requests City's approval. City's approval will be based upon the Facility's ability to divert material from landfilling and the effect of the Facility's tipping fee on Customer rates. Contractor shall divert a minimum of sixty- five percent (65%) of all Construction and Demolition Debris Collected.

Contractor may deliver separated loads of Construction and Demolition Debris, such as clean dirt, concrete or rebar, to facilities specializing in the reuse of such materials, provided this material is diverted from landfilling.
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Contractor may charge the Customers for Construction and Demolition Roll-off Box Service based on each Customer’s number of loads and amount and type of tons according to the rates shown in Exhibit C. The first four (4) tons Collected in any Roll-off load shall be Collected at no charge pursuant to the tonnage limit shown in Exhibit C.

4.2.7 Edible Food Recovery Program

Contractor shall support and promote the recovery of Edible Food. Contractor shall identify sources of recoverable Edible Food and shar e that information with City. Contractor shall include a list of all Commercial Customers th at generate recoverable Edible Food in its monthly report to City pursuant to Section 9.3.2.

4.2.8 Optional Sharps Collection

City reserves the right to require Contractor to administer a Sharps Collection program.

Contractor would be entitled to a reasonable rate increase for program costs.

4.2.9 Non-Profit Group Assistance

Contractor shall provide Roll-off Box Containers or steel storage containers at a fifteen percent (15%) discount to non-profit organizations for the Collection of Recyclable Materials.

4.2.10 Horse Stable Bedding

Contractor shall provide Collection of sources separated stable bedding (for example, wood shavings and horse manure) at seventy -five percent ( 75%) of comparable Refuse Bin Collection rates. Contractor shall visit all properties that produce stable bedding to offer this Collection program using one to three-cubic-yard Bins. Source separated, Collected horse stable bedding shall be sent to a bio-solids composting Facility, or other Facility as approved by City, for maximum Diversion.

4.3 Organics Collection Program

4.3.1 Single-family Organics Waste Collection

Contractor shall implement a Single -family Residential Organics Collection Program. The Single-family Organics Collection Program shall supplant the Single -family Green Waste Collection from the previous agreement.

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The Single -family Res idential Organic s Collection Program shall consist of Contractor collecting Organics from all Single-family Residential Premises in the City using Cart Collection Service. Contractor shall Collect Organics on the same day as Customer's Refuse Cart is collected. Contractor shall Collect Green Waste/Organics in a separate Collection vehicle that collects only Source Separated Green Waste/Organics. Contractor shall provide each Customer at all Single -family Residential Premises in the City with one (1) ninety -five (95) gallon Green Waste/Organics Cart per Dwelling Unit. Contractor shall Collect all Organics properly placed out for Collection by Single-family Customers not less than once per week using automated Collection vehicles.

Contractor shall be obligated to Collect Green Waste set out for Collection in bundles if it is a maximum of four (4) feet long and eighteen (18) inches in diameter.

Upon Customer request, Contractor shall provide one additional Green/Organics Waste Cart at no additional charge. Residents with Green/Organics Waste C arts beyond two (2) per dwelling unit may be charged in accordance with Exhibit A.

Contractor shall transport all Organics collected in the City to the Perris R egional Organics Anaerobic Digestion Facility (ROAR) for processing , or another Facility approved by City .

Contractor shall not deliver any Organics collected from Single-family Premises to any Facility to be landfilled or used as Alternative Daily Cover. City reserves the option to direct Green Waste to any alternative processing Facility. If City enacts said option, rates are to be adjusted accordingly.

Contractor shall continuously monitor the Single-family Organics Collection Program for both participation and contamination such that each year, Contractor has opened the Cart lid and checked the contents of a minimum of two percent (2%) of all Single -Family Premises in the City to note contamination levels in the Carts. (Contractor shall develop a plan to randomly sample areas of City, which shall be submitted to City for approval annually.) When Contractor finds a household that is not participating, Contractor shall leave or direct mail the household education materials describing the programs and how to participate. When Contractor finds contamination Contractor shall alert the Customer by leaving a hang-tag and by leaving public education materials concerning the acceptable materials for the program.

Contractor shall recheck the residences that were tagged within sixty (60) days to see if the contamination has been reduced or eliminated.

Contractor’s compensation for the Single -family Organics Collection Program shall be included in the rate for Single-family Refuse Collection Service.

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4.3.2 Multi-family Green Waste Collection

Contractor shall implement and offer a Green Waste Collection Program for all Multi-family Residential Premises in City. Contractor shall provide for the appropriate number of appropriately-sized Containers for each Multi-family Premises.

Upon Customer request or City direction, Contractor shall Collect Green Waste from Multi - family Premises at least once per week, and more frequently as required to prevent odor, or overflow of material. Contractor shall Collect Green Waste in a separate Collection vehicle that collects only Source Separated Green Waste.

Contractor shall transport all Green Waste collected in the City to the Perris Regional Organics Anaerobic Digestion Facility (ROAR) for processing , or another Facility approved by City .

Contractor shall not deliver any Green Waste Collected from Multi -family Premises to any Facility to be landfilled or used as Alternative Daily Cover. City reserves the option to direct Green Waste to any alternative processing Facility . If City enacts said option, rates are to be adjusted accordingly.

Contractor shall continuously monitor the Multi-family Green Waste Collection Program for both participation and contamination such that each year, Contractor shall randomly observe a minimum of five (5) Multi -family Premises in the City to note contamination levels in the Green Waste in the Bins and Carts. When Contractor finds contamination, Contractor shall photo-document the contamination and shall alert the manager of the Multi-family Premises.

Contractor shall provide or re-provide training and public education materials concerning the acceptable materials for each program, to residents of the Multi-family Premises in a minimum of one (1) in-person on-site training session.

For the provision of Multi -family Green Waste Collection Service, Contractor shall charge Customers rates that are eighty-five percent (85%) of the rate for Refuse Collection Service for an equivalent level of service (i.e., the same size and number of Containers, and number of pickups per week).

4.3.3 Commercial Green Waste and Wood Waste Collection

Contractor shall implement a Green Waste and non -hazardous wood waste Collection Program for all Commercial Premises in the City. Contractor shall provide for the appropriate number of appropriately-sized Containers for each Commercial Premises.

Upon Customer request or City direction, Contractor shall Collect Green Waste and non- hazardous wood from Commercial Premises at least once per week, and more frequently as 600
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required to prevent odor, or overflow of material. Contractor shall Collect Green Waste in a separate Collection vehicle that collects only Source Separated Green Waste.

Contractor shall transport all Green Waste collected in the City to the Perris Regional Organics Anaerobic Digestion Facility (ROAR) for processing. Contractor shall not deliver any Green Waste Collected from Commercial Premises to any Facility to be landfilled or used as Alternative Daily Cover. City reserves the option to direct Green Waste to any alternative processing Facility. If City enacts said option, rates are to be adjusted accordingly.

Contractor shall continuously monitor the Commercial Green Waste and non-hazardous wood waste Collection Program for both participation and contamination such that each year, Contractor shall randomly observe a minimum of five (5) Commercial Premises in the City to note contamination levels in the Green Waste in the Bins and Carts. When Contractor finds contamination, Contractor shall photo -document the contamination and shall alert the Customer. Contractor shall provide or re -provide training and public education materials concerning the acceptable materials for each program, to Customers in a minimum of one (1) in-person on-site training session.

For the provision of Commercial Green Waste and non -hazardous wood waste Collection Service, Contractor shall charge Customers rates that are eighty-five percent (85%) of the rate for Refuse Collection Service for an equivalent level of service (i.e., the same size and number of Containers, and number of pickups per week).

4.3.4 Commercial Roll-off Green Waste Collection

Upon Customer requ est, Contractor shall provide Green Waste and non -hazardous wood waste Collection service to Commercial Premises using Roll-off Boxes. Contractor shall charge Customers rates shown in Exhibit C.

4.3.5 Commercial Food Waste Collection

Contractor shall implement a Food Waste Collection Program for all Commercial Premises in the City. Contractor shall provide for the appropriate number of appropriately -sized Containers for each Commercial Premises.

Upon Customer request or City direction, Contractor shall Collect Source Separated Food Waste from restaurants, cafeterias, assisted living facilities, hospitals, supermarkets and all other Commercial Premises where food is prepared, sold and/or consumed. Contractor shall Collect Food Waste in a separate Collection vehicle that collects only Source Separated Green Waste/Organics or Food Waste. At the direction of the City, Contractor shall include Food - Soiled Paper in the Food Waste program. If the processing Facility Contractor is using does 601
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not allow Food -Soiled Paper, Contractor shall work with City to provide a method and/or a Facility capable of handling Food-Soiled Paper.

Contractor shall provide wheeled Carts or other Containers and/or Bins, roll- offs or compactors as necessary for the segregation and storage of Food Waste to be recycled.

Contractor shall prepare a Food Waste Recycling plan in consultation with each business to determine the appropriate number and sizes of Containers, Collection frequency, and provide and distribute appropriate Containers, Bins, or roll-offs to Customers.

Contractor shall provide Customers with information and contact person(s) who are approved by City to establish, coor dinate, and provide Edible Food donation and collection services. Contractor shall fully cooperate with all Persons working with Customers to establish, coordinate , and provide Edible Food donation services, including Customer's employees and agents and the City. Contractor shall factor any successful Edible Food donation program projections and/or actual results into the Food Waste Recycling plan including the estimated requirements for Container sizes and frequencies of Collection, training, interior Container locations, and sizes.

Collected Food Waste shall be processed at the Perris Regional Anaerobic Digestion (ROAR) Facility or the Orange Organics Facility or other Facility as approved by the City. City reserves the option to direct Food Waste to any other processing Facility. If City enacts said option, rates are to be adjusted accordingly.

Contractor shall continuously monitor the Commercial Food Waste Collection Program for both participation and contamination such that each year, Contractor shall randomly observe a minimum of five (5) Commercial Premises in the City to note contamination levels in the Food Waste in the Bins and Carts. When Contractor finds contaminatio n, Contractor shall photo-document the contamination and shall alert the Customer. Contractor shall provide or re-provide training and public education materials concerning the acceptable materials for each program, to Customers in a minimum of one (1) in-person on-site training session.

For the provision of Commercial Food Waste Collection Service, Contractor shall charge Customers rates that are eighty-five percent (85%) of the rate for Refuse Collection Service for an equivalent level of service (i.e., the same size and number of Containers, and number of pickups per week).

4.3.6 Holiday Tree Collection Program

Contractor shall operate an annual holiday tree Collection program from December 26 through January 31. During this period all holiday trees placed out for Collection by Single - family and Multi-family Customers shall be Collected by Contractor. After this period, trees 602
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will be Collected as Bulky Items under Section 1.17. Trees up to seven (7) feet in length will be Collected and diverted without Customers needing to cut them. Contractor may request that Customers with larger trees cut the trees to pieces no longer than seven (7) feet.

Contractor will divert all holiday trees from landfilling. The City has the option to request the Contractor provide a Christmas tree takeback event.

4.4 Cart Selection, Distribution and Exchanges

Contractor shall provide Residential Cart Customers with the option of three Cart sizes for Refuse, Recycling and Green Waste Collection. Sizes offered will include 35, 64 and 96 - gallons. Commercial Cart Customers may be limited to 96-gallon Carts.

Customers may each request one (1) free exchange in Cart sizes within six (6) months of starting new service. One exchange includes all Cart size changes included in the same Customer request and may include changes being made to one, two or three of the Customer's Carts. If a second request is made, or if a request is made following the initial six- month period, Contractor may charge for each request, regardless of the number of Cart s exchanged, in accordance with the rate shown in Exhibit A.

4.5 City Services

4.5.1 City Premises Collection

Contractor shall Collect and dispose of all Refuse, Recyclable Material, and Green Waste put in Containers for Collection at all current and future Premises owned and or operated by City at no charge to City (except as provided below) . Such Premises include, but are not limited to, City Hall, City offices, parks, City yard and street maintenance operations. Collections shall be scheduled at a time mutually agreed upon by Contractor and City.

Contractor shall provide Roll-off pulls per calendar year from C ity Premises at no charge to City. For all Roll -off pulls from City Premises that exceed 4.2% of the annual revenue of the Agreement in a calendar year, the excess amount will be captured as a pass -through in the following year rate adjustment. Street litter collection and abandoned item collection are not included in these figures. There shall be no charge for Collection from City Premises using Carts or Bins.

Except for minor tenant improvements (i.e., fewer than 1,000 square feet), or minor sidewalk repairs (i.e., fewer than 100 linear feet), performed by C ity crews (and not third party contractors), Contractor shall not be required to Collect Construction and Demolition Waste from City Premises.

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The Collection of Street Sweeping Debris is outside the scope of providing service to City Premises. See Section 4.5.5 regarding the Collection of Street Sweeping debris.

4.5.2 City-Sponsored Events

Contractor shall provide Solid Waste Collection, Recyclables Collection, Organics Collection, and Disposal/processing service for City -sponsored events. This shall include providing Containers (Bins, Roll -off Boxes, clearly labeled Recycling Containers and cardboard waste boxes with liners) to Collect and dispose of, or process, all Solid Waste an d Recyclable Materials. The Contractor shall provide these services at City-sponsored events, at no cost to City or ratepayers. Note that the International Street Fair is not considered a City -sponsored event for purposes of this section. Current City-sponsored events include, but are not limited to:

a) May Parade
b) Concerts in the Park
c) 3rd of July Celebration
d) Treats in the Streets Autumn Festival
e) Veterans Day Tribute
f) Tree Lighting Ceremony
g) Children’s Holiday Breakfast
h) Clean-up Files Day
i) Health Fair/Rideshare Events
j) National Night Out (Police)
k) New park and City Facility openings
l) City Department Open House Events
m) Chapman Graduation Cleanup Week
n) Spring Cleaning Event (Community wide cleanup for all districts) o) Shredding Event
p) E-Waste Take Back

City may replace events that are discontinued with events requiring comparable Solid Waste and Recycling Collection service demands.

4.5.3 Street Litter Container Collection

Contractor shall service all public litter Containers twice a day Monday through Saturday .

Public litter Containers are provided by the Contractor with City approval. Any liners or other items needed to continue service shall be provided by Contractor. If service levels are not sufficient to ensure Container s do not become full, service levels shall be increased at no additional cost to the City. If additional litter Containers are added, Contractor shall service 604
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such Containers at no additional cost to the City. Side load capable containers are an acceptable use with City approval. Public litter containers include but is not limited to Plaza area and bus stops.

4.5.4 Emergency Collection and Disposal Service

Contractor shall assist City at the City's request with emergency Collection and Disposal service (in the event of major disaster, such as an earthquake, storm, riot , or civil disturbance), or as otherwise determined necessary b y the City, by providing Collection equipment and drivers normally assigned to City. Contractor may charge City for actual Disposal costs plus service rates per the approved rate schedule.

4.5.5 Street Sweepings Disposal

Contractor shall Collect and Dispose of City's Street Sweeping Debris at Waste Management’s Facility at 2050 N. Glassell, or any other Facility selected by Contractor and approved by the City. Contractor shall not deliver, store, or transfer Street Sweeping Debris at any City facility without the City’s advance written approval.

4.5.6 Abandoned Item Collection by City

Contractor shall Collect and dispose of, at no additio nal charge, within one (1) business day of notification from City, all items left in the City's right -of-way, such as sidewalks, alleys, streets, and parkways. Contractor shall monitor, Collect, and dispose of all items along a Hot Spot Route identified by Contractor and City staff. Hot S pot Route Collection shall occur weekly, at no additional charge to City. Contractor shall properly divert from landfilling or Dispose of such items in accordance with Sections 4.1.18 and 4.1.19.

4.5.7 Community Development Review Services

Upon City request and at no additional charge, Contractor shall review development projects submitted to the City’s Community Development Department or Public Works Department and advise regarding adequacy of Container storage space , service, and access, particularly to accommodate Recycling, Organics Recycling, and Edible Food Recovery programs.

4.5.8 Large Venue Event Assistance, Event Recycling

Contractor shall assist planners of large venue events with reporting and planning needs as may be us eful in meeting the requirements of AB 2176 at no additional charge. Contractor shall provide Recycling services upon request to special event planners.

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4.5.9 Door-to-Door Household Hazardous Waste (HHW) Collection – Option

Contractor may instruct Customers to utilize a door -to-door HHW collection program provided by the City, provided the City has such a contract in force and that such services are within the scope of the contract terms. Contractor may direct Customer inquir ies regarding the Collection of HHWs that are within the scope of such a contract to City's HHW contractor.

The Contractor should also advertise the availability of HHW drop -off facilities provided by the County of Orange. However, proper disposal of all HHW c ollected by Contractor in the City shall be the responsibility of Contractor.

City reserves the right at any time during the Term of this Agreement to require Contractor to administer a door- to-door call- in HHW Collection program. City may negotiate an alternative scope of services un der which Contractor shall be compensated for actual costs incurred.

4.5.10 Storage Vans

Upon request by City, Contactor shall supply six (6) each 21’ x 8’ x 8’ steel storage containers for City needs at no additional charge.

4.5.11 Free Compost and Wood Chips

Contractor shall provide Residents with free bagged compost at two (2) give-a-way events per year. Contractor shall provide at least two (2) 40-yard Roll-off boxes of bagged compost per event. Contractor shall provide and deliver compost and wood chips to the City for use on City-maintained property at no additional charge.

4.5.12 Organic Waste Product Procurement

Each year during the Term, Contractor shall procure an amount of Recovered Organic Waste Product to ensure that the City meets its annual target under 14 CCR Section 18993.1.

Contractor (or its Affiliates as allowed by Applicable Law) shall procure and provide on the City’s behalf Recovered Organic Waste Product in an amount that satisfies the City’s annual Recovered Organic Waste Procurement target p ursuant to 14 CCR Section 18993.1.

Contractor shall deliver Mulch or Compost in Roll-off Boxes or via dump truck within thirty (30) calendar days of request to any accessible location within the City limits. Upon request, Contractor shall provide the City with Mulch or Compost lab results and specifications. All Mulch or Compost provided by Contractor must meet or exceed State requirements for Mulch quality, including those standards regarding Mulch or Compost maturity, reduction of 606
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pathogens, elimination of weed seeds, and concentrations of physical contaminants such as glass, plastic, metal, and other Non -Organic Recyclables. All Mulch or Compost provided by Contractor must be suitable for use in landscaping, parks, sports fields, and community gardens, an d must be suitable for distribution to the general public. Contractor shall also maintain records related to its procurement of Recovered Organic Waste Product on the City’s behalf in accordance with 14 CCR Section 18993.2 and provide such records to City upon request.

4.5.13 Renewable Natural Gas
If requested by City, Contractor shall provide the name, location, and contact information of each entity, operation, or Facility from whom Contractor procured Renewable Natural Gas (RNG) on the City’s behalf. If requested by City, Contractor shall provide the total amount of RNG procured for the City by the Contractor for use by Contractor or its Affiliates, in diesel gallon equivalents (DGE), including copies of any receipts, invoices, or other similar documentation.

4.5.14 In-Office Recycling Containers for City Administrative Offices

Contractor shall provide, at no additional charge, in -office Recycling Conta iners to all City administrative offices for the purpose of accumulating Recyclable Materials in offices prior to transfer to the Recycling Container emptied by Contractor.

4.5.15 In-Unit Recycling Containers

Contractor shall offer for sale in-unit Recycling Containers to Commercial and Residential Bin Customers for the purpose of accumulating Recyclables inside the building or dwelling unit.

Contractor shall offer in-unit Recycling Containers for a price equal to Contractor’s direct cost, without markup. Upon City request, Contractor shall submit documentation to the City supporting its direct costs, which costs shall be subject to the approval of the City Manager or designee.

4.5.16 Capacity Guarantee

Contractor guarantees capacity at Contractor- owned and operated facilities for the transfer of all Refuse and processing of all Recyclables , Green Waste, and Organics Collected under this Agreement throughout the Term. With City approval, Contractor may send Recyclables , Green Waste, and or Organics to be diverted, not Disposed, to facilities outside of the County of Orange.

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4.5.17 Compliance Coordinators

During the Term of this Agreement, Contractor shall provide two (2) full time ( 40 hours per week) employees (Compliance Coordinators) devoted to education, outreach, and monthly reporting such that Contractor will ensure that the City is always in compliance with the education, outreach, and reporting requirements of AB 341, AB 1826, and SB 1383. Should a vacancy in this position occur, the Contractor shall notify the City and the vacancy shall be filled within forty-five (45) days. A Compliance Coordinator may also serve as Contract Liaison pursuant to Section 6.2.4 . Upon the Effective Date, Contractor shall provide one (1) additional full time Compliance Coordinator (for a total of three) dedicated to the City for the first year, or until each and every Customer is provided a three-container system (or a waiver approved by City) in compliance with SB 1383.

4.5.18 Edible Food Recovery Program

To support the City’s efforts to fight food insecurity , reduce the amount of Edible Food sent to landfills, and to comply with SB 1383, Contractor shall arrange to implement an Edible Food Recovery Program in the City , either using Contractor’s own resources, or through a subcontractor. City and Contractor agree that the initial cost of the program will be based on an annual cost of approximately seventeen cents ($0.17) per resident, or approximately twenty-four thousand dollars ($24,000.00) per year.

City and Contractor agree that the Edible Food Recovery Program will consist of Contractor, or its subcontractor, performing the following tasks:

a) Maintain list of Tier I, Tier II food waste generators and Food Recovery Organizations and Services (FROs/FRSs) operating within the City.

b) Conduct targeted and recorded Outreach pertaining to the recovery of excess edible food to all permitted food waste generators in cooperation with or conjunction with City and Contractor. Outreach touchpoints will be prioritized as follows:

1. Tier I and Tier II food waste generators as defined by SB 1383 (4- 6 touchpoints in year 1)

2. Top permitted food waste generators in the city (6 touchpoints in year 1)

3. All permitted food waste generators (minimum 2 touchpoints in year 1)

c) Provide Outreach campaigns through an online customer relatio nship management platform.
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d) Conduct annual inspections of Tier I, Tier II, and Food Recovery Organizations and Services (FROs/FRSs) operating within the City. Inspections shall include:

1. Confirmation of a written agreement between FROs/FRSs and Tier I, and Tier II food waste generators, and that,

2. Food donation logs are actively being utilized.

e) Record and provide to C ity, documentation of all shared touchpoint efforts made to Edible F ood generators using one or more technology platforms in compliance with municipal requirements mandated in SB 1383.

f) Through use of approved f ood recovery technology platforms, record all recovered excess E dible Food donated within the City and collected from all non-profit food agencies located within the City in compliance with SB 1383.

g) As directed by the C ity, work with all applicable C ity departments and public agencies to inform potential permitted Edible F ood generators about food recovery and the City’s Edible Food Recovery program. This includes the City’s Community Development, Parks and Recreation, and Public Works departments, the Orange Public Library, and schools, colleges, and universities.

h) Provide safe food handling training which may include third party inspection services to non-profit food pantries operating within the City.

i) As directed by the City or Contractor, assist in the development of assets and resources needed to reduce E dible food waste at non -profit food pantries operating within the City. Th ese efforts may include, but are not limited to food repurposing kitchens, educational partnerships, food insecurity screening by medical care providers, and joint grant opportunities.

j) Provide updated mapping of non- profit pantries serving the food insecure population within the City.

k) Provide monthly reports to City such that Contractor will ensure that the City is always in compliance with the Edible Food Recovery education, outreach, and reporting requirements of SB 1383.

4.6 Operations

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4.6.1 Schedules

4.6.1.1 Collection Days and Hours

To preserve peace and quiet, Solid Waste shall only be Collected from Residential areas and Commercial areas adjacent to Residential areas between 7:00 A.M. and 7:00 P.M. Solid Waste shall only be Collected from other Commercial areas between 6:30 A.M. and 8:00 P.M.

Collection is only permitted Monday through Saturday for Residential and Monday through Sunday for Commercial. City reserves the right to restrict or change days and hours of Collection by advanced written notice . Contractor may not make except ions to these Collection days and times without advanced written approval from the City. If the regularly scheduled Collection day falls on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, or Christmas Day, Collection days for the remainder of that week shall all be postponed one (1) Collection day.

4.6.1.2 Review of Schedules and Routing

Contractor shall review its operations plan outlining the Collection routes, intervals of Collection, and Collection times for all materials Collected under this Agreement with City upon thirty (30) days written notice requesting said review. Contractor shall submit a copy of its Commercial and Residential schedule and route map within seven (7) days if requested by City. If the plan is determined to be inadequate by City, Contractor shall revise it incorporating any changes necessary to make it satisfactory to City within thirty (30) days. No change in schedules and routing shall be implemented for fifteen (15) days after Contractor rece ives approval from City and notifies Customers.

4.6.1.3 Missed Pickups

When notified of a missed pickup prior to 12:00 noon , Contractor shall Collect the Refuse, Recyclable Materials, and/or Green Waste that was not Collected the same day. If notified after 12:00 noon, Collection must take place no later than noon of the next calendar day.

If a missed pickup is not made up before noon of the next calendar day , City may perform service and Contractor shall be liable for City's expenses plus thirty percent (30%) overhead costs, in addition to any liquidated damages assessed for missed pickups per Section 12.3.

In addition to the above, if a missed pickup called in prior to 12 :00 noon is not made up on the same day, or if a missed pickup called in after 12:00 noon is not made up before noon of the next calendar day, Contractor shall issue a credit for the missed pickup to Customer upon request by City or Customer. If a Customer is missed and its Solid Waste is not Collected until the following week, Contractor shall issue a credit equal to one month of service. 610
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4.6.2 Vehicles

a) General. Contractor is responsible for providing all vehicles that may be required for the Collection of Solid Waste that are sufficient in number and capacity to efficiently perform the work required by this Agreement in strict accordance with its terms. Contractor is expressly obligated to provide such Collection Vehicles and routes as are required to meet the service standards set forth in this Agreement. Contractor shall have available on Collection days sufficient back-up vehicles for each type of Collection Vehicle used to respond to complaints and emergencies.

b) Specifications. No Collection vehicle used in the City shall be more than ten (10) years old at any time during the Agreement Term. All route vehicles shall be powered by natural gas. Such vehi cles must be registered with the California Department of Motor Vehicles and shall have water- tight bodies designed to prevent leakage, spillage , or overflow. Such vehicles shall be equipped to provide live video display to dispatch, two (2) to three (3) angle time-stamped video service records and GPS. At all times during the term of this Agreement, Contractor's Collection vehicles shall comply with South Coast Air Quality Management District Requirements and the California Air Resource Board requirements as they are currently in force and as they may be approved for Refuse removal vehicles, as well as other Federal, State and local laws and regulations that may be enacted during the term of this Agreement.

1. Contractor shall be responsible for ensuring that all vehicles Contractor uses in the performance of this Agreement shall allow the City to be in compliance with South Coast Air Quality Management District, Air Resource Board, and other applicable requirements.

c) Vehicle Identification and La beling. Each Collection vehicle shall be marked with Contractor's name, toll free phone number, and a vehicle identification number designated by Contractor for each Collection Vehicle which shall be prominently displayed on all such Vehicles, in lettering at least six inches (6”) in height. City must approve truck labeling, and may place billboards with public notices on vehicles at no additional charge. All equipment of Contractor used to provide the services set forth in this Agreement shall be subject to inspection by City on a semi-annual basis.

d) Cleaning and Maintenance:

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1. Contractor shall maintain all properties, vehicles, facilities, and equipment used in providing service under this Agreement in a good, safe, neat, clean, and operable condition at all times.

2. Collection Vehicles shall be painted, thoroughly washed, and thoroughly steam cleaned on a regular basis so as to present a clean appearance. City may inspect vehicles at any time to determine compliance with this Agreement. Contractor shall also make all Collection Vehicles available to the County of Orange for inspection regarding health concerns and requirements, at any frequency it requests. Contractor agrees to replace or repair to the City's satisfaction, any Collection Vehicle which City determines to be of unsightly appearance, leaking, or in unsatisfactory operating condition

3. Contractor shall repaint any or all Collection Vehicles within thirty (30) days' notice from City, if City determines that their appearance warrants painting. City may not require a vehicle to be repainted if it has been repainted within the previous thirty-six (36) months.

4. Contractor shall inspect each C ollection Vehicle daily to ensure that all equipment is operating properly. Collection Vehicles which are not operating properly shall be removed from service until repaired and operating properly. Contractor shall perform all scheduled maintenance functions upon Collection Vehicles in accordance with the manufacturer's specifications and schedule. Contractor shall keep accurate records of all Collection Vehicle maintenance, recorded according to date and shall make such records available to City upon request.

5. Contractor shall repair, or arrange for the repair of, all of its vehicles and equipment for which repairs are needed because of accident, breakdown or any other cause so as to maintain all equipment in a safe and operable condition. Contractor shall maintain accurate records of repair, which shall include the date, nature of repair and the verification by signature of a maintenance supervisor that the repair has been properly performed.

6. Contractor shall use all available industry best practices to prevent spills of fuel and fluids (such as oil, hydraulic fluid, brake fluid, etc.) on streets. A liquid spill kit shall be carried at all times on each Collection vehicle for this purpose. If such a spill occurs, Contractor shall immediately notify the City (including the Director of Public works or his/her designee and the City’s NPDES Coordinator) and all proper regulatory authorities of said spill and 612
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release of fluids. City shall be notified no later than one (1) hour after the spill. Contractor shall c lean, at Contractor’s expense, the spilled fluids in coordination with, and to the satisfaction of, City and applicable regulatory agencies. Upon a release of such fluids, the driver shall immediately park the vehicle and it shall remain parked until the leak is repaired. In the event of a spill of fuel and/or fluid, Contractor shall not park the leaking vehicle within two hundred (200) feet of a storm drain and shall utilize absorbent material, sand bags, or other appropriate means to prevent leaking fluids from entering storm drains. Contractor shall notify City upon completion of the cleanup to ensure the satisfaction of the City. All vehicles shall be equipped with a monitoring system of all fluid systems which will immediately alert the driver and operations manager should a fluid leak occur.

7. Upon request, Contractor shall furnish City a written inventory of all equipment, including Collection Vehicles, used in providing service pursuant to this Agreement. This inventory shall list all equipment by manufacturer, year of production, ID number, date of acquisition, type, capacity, and whether the vehicle is a spare.

e) Operation. Vehicles shall be operated in compliance with the California Vehicle Code, and all applicable safety and local ordinances. Contractor shall not load vehicles in excess of the manufacturer's recommendations or limitations imposed by State or local weight restrictions on vehicles.

Contractor's equipment shall comply with US EPA noise emission regulations, currently codified at 40 CFR Part 205 and other applicable noise control regulations, and such noise control features shall be incorporated throughout the entirety of all Collection Vehicle. Noise levels of equipment used for Collection shall comply with City ordinance and in no event shall the noise level exceed seventy-five (75) dba when measured at a distance of twenty-five (25) feet from the vehicle, five (5) feet from the ground. Contractor shall store all equipment in safe and secure locations in accordance w ith City's applicable zoning regulations.

Contractor shall be responsible for any damage resulting from or directly attributable to any of its operations, and which it causes to: City's driving surfaces, whether or not paved, public or private; associate d curbs, gutters and traffic control devices; and all other public and private improvements. If requested by City, Contractor shall bring any street surfaces that have been 613
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damaged back to their original condition, including slurry sealing any surfaces that have been damaged or stained due to spills.

f) City Inspection Per Code. City may cause any vehicle used in performance of this Agreement to be inspected and tested at any commercially reasonable time and in such manner as may be appropriate to determine that the vehicle is being maintained in compliance with the provisions of the State Vehicle Code, including, but not limited to, California Vehicle Code Sections 27000(b), 23114, 23115, 42030, 42032, and all Vehicle Code Sections regarding smog equipment r equirements. City may direct the removal of any vehicle from service if that vehicle is found to be in nonconformance with applicable codes.

No vehicle directed to be removed from service shall be returned to service until it conforms to applicable codes , and its return in service has been approved by City. City or a third party designated by City shall perform quarterly inspections of Contractor’s vehicles. If the inspections are satisfactory, the City may decrease the frequency of inspections to semi - annual.

Contractor shall reimburse the City for all costs and expenses City incurs for the performance of the tasks outlined in this section (including inspections conducted by City or any third party designated by City).

g) Vehicle Inspections. Each year with its Annual Report, Contractor shall submit to City a copy of:

1. Its most recent BASIC Score determined by the Federal Motor Carrier Safety Administration, and,

2. Any terminal inspection reports resulting from the California Highway Patrol’s (“CHP’s”) Basic Inspection of Terminals (“BIT”) program. If Contractor receives a terminal rating below satisfactory, Contractor shall notify the City, and Contractor is in violation of the Agreement. Contractor has the time allowed by the CHP to cure violations and bring the terminal rating up to satisfactory. If the CHP does not adjust the rating to satisfactory or better within six (6) months, then the Contractor shall be considered in default of this Agreement and the City may terminate the Agreement.

h) Correction of Defects. Following any inspection, the City Manager or designee shall have the right to cause Contractor, at its sole cost and expense, to recondition or replace any vehicle or equipment found to be unsafe, unsanitary or unsightly. The City Manager or designee’s determination may be appealed to the City Council, whose decision shall be final. 614
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4.6.3 Containers

Contractor shall provide Containers to be used under this Agreement. A Container shall be considered properly placed out for Collection if it is feasibly accessible by Contractor's Collection vehicles. If Customer and Contractor cannot agree upon the proper placement of Containers, City shall have the right to make the final determination.

4.6.3.1 Carts

a) Cart Design Requirements - Contractor shall provide Customers with Carts at the start of service under this Agreement. Carts and Cart lids must meet color, size, uniformity and quality requirements of the City. The City will not permit Carts and Cart lids with inconsistent colors or in poor condition to be used in the City at any time during the term of this Agreement and may require Contractor to replace such Carts.

1. All Carts provided by Contractor utilized in the performance of this Agreement shall be manufactured by injection or rotational molding and meet the Cart design and performance requirements as specified below.

All Carts selected shall be subject to City's approval.

b) Capacity - The references in Section 4.4 to Cart sizes of 96, 64 and 35 -gallons may be approximate. The Cart size, excluding lid capacity, may fall within the following range:

1. 30 - 35 gallons

2. 60 - 70 gallons

3. 90 - 101 gallons

The selected sizes must be consistent throughout the City for a uniform appearance.

c) Cart Age, Color, and Appearance - All Carts shall be the same, uniform color and each Cart type shall carry a different color lid. Cart bodies shall have Toter’s “granite” look.

1. The colors shall be colorfast and resistant to fading as a result of weathering or ultraviolet degradation. Color must be approved in advance by the City. Cart and Cart lid colors shall be consistent throughout the City. 615
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d) Cart Labeling and Hot Stamping - Labels used on Carts shall be placed on the inside of the Cart lid, and hot stamps shall be on the top of the lid and/or on the body of the Cart. Design for both the labels and the hot stamps must be approved by City prior to ordering labels or Carts. City shall approve what information is included on the label and in the hot stamp, as well as approve design and quality. Labels shall be replaced when worn, and when information on the label is in need of updating. Cart labels and hot stamps shall include bilingual (English and Spanish) and graphic instruction on what materials should and should not be placed in each Cart Information on the Carts shal l include the telephone number to call for Contractor, Bulky Item pickups , and HHW disposal information.

4.6.3.2 Cart Maintenance and Replacement Responsibilities

Contractor shall be responsible for Cart repair and maintenance, and replacing lost, stolen or damaged Carts within two (2) business days, and for graffiti removal within one (1) day, at no additional charge to the Customer or to City, unless Contractor can demonstrate to the City Manager or designee beyond a reasonable doubt that the damage or loss was due exclusively the Customer's intentional or negligent behavior. City Manager or designee shall make the final determination. If City permits a repair or replacement charge to be assessed against a Customer, charge shall be no more than the actual cost of repair or the Contractor's purchase price for a new Cart, whichever is lower. All repairs must restore the Cart to its full functionality. Unsightly/worn -out Carts shall be replaced by Contractor upon Customer request.

4.6.3.3 Cart Colors – SB 1383

Contractor shall be responsible to furnish C arts with colors, lids, and/or labels that comply with the requirements of SB 1383. Contractor shall place and maintain SB 1383 -compliant labels on all Carts starting February 1, 2024. Contractor shall furnish and replace Carts such that all Carts are color-compliant with SB 1383 no later than January 1, 2036.

4.6.3.4 Bins

a) Cleaning. Contractor shall provide Customers with Bins required during the term of this Agreement The size of Contractor -provided Bins shall be determined by mutual agreement of Customer and Contractor and shall be subject to City approval. Contractor shall maintain Bins in a cl ean, sound condition free from putrescible residue. All Bins in use shall be constructed of heavy metal, or other suitable, durable material, and shall be watertight and 616
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well painted. Wheels, forklift slots, and other apparatuses, wh ich were designed for movement, loading, or unloading of the Bin shall be maintained in good repair.

Upon Customer or City request, or if required to maintain the Containers in a clean condition, Contractor shall clean all Bins once per year at no additio nal charge. Contractor shall perform cleaning or replacement of Bins more frequently, if necessary, to prevent a nuisance caused by odors or vector harborage, or if requested by Customer or City, for an additional fee in accordance with the approved rate s chedule. When a Bin is removed for cleaning, Contractor shall replace the Bin, either temporarily or as a change - out, with another Container. Contractor shall remove graffiti from any Container within one (1) business day of request by City or Customer.

Contractor shall proactively look for graffiti when Collecting Bins, with all graffiti removed from Containers in no later than one (1) business day after any Collection without notification.

b) Bin Identification and Color - Each Bin placed in City by Contrac tor shall have the name of Contractor and phone number in letters not less than three (3) inches high on the exterior of the Bin so as to be visible when the Bin is placed for use. Bins shall be labeled to include bilingual (English and Spanish) and graphic instruction on what materials should and should not be placed in each Bin. Contractor shall repaint Bins upon City's request if the City deems it necessary to maintain a neat appearance.

4.6.3.5 Bin Colors – SB 1383

Contractor shall be responsible to furnish Bins with colors, lids, and/or labels that comply with the requirements of SB 1383. Contrac tor shall place and maintain SB 1383-compliant labels on all Bins starting February 1, 2024. Contractor shall furnish and replace Bins such that all Bins are color-compliant with SB 1383 by January 1, 2036.

4.6.3.6 Roll-off Boxes

Contractor shall provide sufficient Roll-off Boxes to meet Customer demand throughout the Term of the Agreement, and shall keep all Roll-off Boxes clean, free from graffiti, equipped with reflectors, and with the name and phone number of Contractor in letters not less than three (3) inches high on the exterior of the Roll -off Box so as to be visible when the Roll -off Box is placed for use. Contractor shall properly cover all open Roll-off Boxes during transport as required by the State Vehicle Code.

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4.6.4 Litter Abatement

a) Minimization of Spills - Contractor shall use due care to prevent Solid Waste or fluids from leaking, being spilled, and/or scattered during the Collection or transportation process. If any Solid Waste or fluids leak or spill during Collection, Contractor shall promptly clean up all such materials. Each Collection Vehicle shall carry a broom, shovel, absorbent, and containment materials at all times for this purpose.

Contractor shall not transfer loads from one vehicle to another on any public Street, unless it is necessary to do so because of mechanical failure, accidental damage to a vehicle, or a pre -approved method of Solid Waste transfer between vehicles, without prior written approval by City.

b) Clean Up - During the Collection or transportation process, Contractor shall clean up all litter spilled during Collection or otherwise caused by Contractor.

Contractor shall leave a “red tag” notice for Customer if litter not caused by Contractor is found in Container enclosure or around Containers. Contractor may charge Customers in accordance with the approved rate schedule for the cleaning of Container enclosures or around the Container if it is littered due to overflowing Containers. Contractor may address habitual offenders in accordance with Section 4.2.3.

In the event of a spill of materials (vehicle fluids, Organic Waste leachate, etc.), Contractor shall provide a clean up of the spill to the satisfaction of City and other governing agencies. Clean up methods may include pressure washing (Contractor must capture and reclaim water) or other similar clean -up methods.

c) Covering of Load s - Contractor shall properly cover all open debris boxes during transport to the Disposal Site.

4.6.5 Personnel

a) Qualified Drivers. Contractor shall furnish such qualified drivers, mechanical, supervisory, clerical, management, and other personnel as may be necessary to provide the services require d by this Agreement in a satisfactory, safe, economical, and efficient manner. All drivers shall be trained and qualified in the operation of vehicles they operate and must possess a valid license, of the appropriate class, issued by the California Department of Motor Vehicles.

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b) Hazardous Waste Employee Training. Contractor shall establish and vigorously enforce an educational program which will train Contractor's employees in the identification of Hazardous Waste. Contractor's employees shall not knowingly place such Hazardous Waste in the Collection Vehicles, nor knowingly dispose of such Hazardous Waste at the processing Facility or Disposal Site.

c) Customer Courtesy. Contractor shall train its employees in Customer courtesy, shall prohibit the use of loud or profane language, and shall instruct Collection crews to perform the work quietly. Contractor shall use its best efforts to assure that all employees present a neat appearance and conduct themselves in a courteous manner. If any employee is fo und to be discourteous or not to be performing services in the manner required by this Agreement, Contractor shall take all necessary corrective measures including, but not limited to, transfer, discipline , or termination. If City has notified Contractor o f a complaint related to discourteous or improper behavior, Contractor will consider reassigning the employee to duties not entailing contact with the public while Contractor is pursuing its investigation and corrective action process.

d) Unauthorized Materi al Removal. Contractor shall dismiss or discipline employees who remove documents or any other material from Containers, other than specifically for the purposes of Disposal and Diversion as described in this Agreement.

e) Training. Contractor shall provide suitable operations, health and safety training for all of its employees who use or operate equipment or who are otherwise directly involved in Collection or other related operations.

f) Compliance with Laws. Contractor shall be knowledgeable of and comply with all local, State and Federal laws which may apply to the performance of this Agreement. Consultant warrants and represents that all of its employees, including any and all prospective employees hired to perform services for the City under this Agreement and the employees of any subcontractor retained by the Consultant to perform a portion of the services under this Agreement, are and will be authorized to perform the services contemplated by this Agreement in full compliance with all applicable State and Federal laws, rules and regulations

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4.6.6 Identification Required

Contractor shall provide its employees, companies and subcontractors with identification for all individuals who may make personal contact with residents or businesses in City. City may require Contractor to notify Customers yearly of the form of said identification. Contractor shall provide a list of current employees, companies, and subcontractors to City upon request.

City reserves the right to perform a security and identification check through the City's Police Department on the Contractor and all their present and future employees employed by Contractor to work in the City, in accordance with accepted procedures established by City, or for probable cause.

4.6.7 Fees and Gratuities

Contractor shall not, nor shall it permit any agent, employee, or subcontractors employed by it to request, solicit, demand, or accept, either directly or indirectly, any compensation or gratuity for services authorized to be performed under this Agreement.

4.6.8 Non-Discrimination

Contractor shall not discriminate in the provision of service or the employment of Persons engaged in performance of this Agreement on account of race, color, religion, sex, age, physical handicap, medical condition , or any other grounds in violation of any applicable Federal, State, or local law.

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 for race, color, religion, sex, national origin, mental or physical disability , or any other prohibited reason.

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

4.6.9 Routing and Coordination with Street Sweeping Services

Contractor shall coordinate Solid Waste C ollection and Street Sweeping routes such that smooth traffic flow on City streets is maximized. In the event that a circumstance arises in which a conflict between Solid Waste Collection and Street Sweeping routes negatively impacts the smooth flow of tr affic on City streets, Contractor shall promptly develop and 620
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submit to the City a plan to resolve the issue. Whether or not a circumstance negatively impacts the smooth flow of traffic on City streets shall be determined solely by City. City shall have the sole discretion to approve, modify, or replace Contractor’s plan to resolve the issue.

Contractor shall promptly implement the planned resolution at City’s direction.

Upon request by City, Contractor shall provide the City with maps of Contractor’s Solid Waste Collection and Street Sweeping routes in a format acceptable to the City. Contractor shall submit to the City, in a format acceptable to City, maps of any proposed route changes at least sixty (60) calendar days prior to the proposed date of implementation. Contractor shall not implement any route changes without the prior review and approval of the City.

Contractor shall provide Customers with at least thirty (30) days advance notice of any changes in their Collection day.

4.6.10 Report of Accumulation of Solid Waste; Unauthorized Dumping

Contractor shall direct its drivers to note (1) the addresses of any Premises at which they observe that Solid Waste is accumulating and is not being delivered for Collection; and (2) the address, or other location description, at which Solid Waste has been dumped in an apparently unauthorized manner. Contractor shall deliver the address or description to City within one (1) working day of such observation.

4.7 Transportation of Solid Waste

Contractor shall transport all Refuse Collected to a City -approved Facility (e.g. Transfer Station, Waste -to-Energy Facility, Or ganic Waste Processing Facility, MRF, Disposal Site).

Contractor agrees to make all reasonable efforts to separate Recyclable Materials from Refuse for Diversion from landfill Disposal.

Contractor shall maintain accurate records of the quantities of Solid Waste transported to all Facilities utilized and shall cooperate with City in any audits or investigations of such quantities.

Contractor shall cooperate with the operator of any Facility it uses with regard to the operator’s operations, including, for example, complying with directions from the operator to unload Collection vehicles in designated areas, accommodating maintenance operations and construction of new facilities, cooperating with its Hazardous Waste exclusion program, and so forth.

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4.8 Approved Facilities

The Contractor shall dispose of Refuse Collected that is not required to be processed, at a Disposal Site approved by City. Contractor must receive written advance approval from City to use each Transfer Station, Transformation Facility, processing Facility, or other Facility used by Contractor in the fulfillment of this Agreement. Contractor is responsible for ensuring that each Facility it uses is properly permitted prior to requesting City approval to use such Facility.

Unless and until the City instructs otherwise, the designated Disposal Site and other Facilities are: The Orange County Landfill System, CR Transfer, CR&R Recycling, South Orange County MRF and Transfer Station, Perris Regional Organics Anaerobic Digestion Facility , Orange Organics Facility, Inland Empire Regional Composting Facility, CR&R's Rancho Mission Viejo CDI/Green Waste Recovery Facility , South Yuma County Landfill/Compost Facility , and Southeast Resource Recovery Facility (SERRF).

4.9 Status of Disposal Site

Any Disposal Site utilized by Contractor, shall be designed and constructed in accordance with 23 CCR Section 2510 et seq. ( “Chapter 15 ”). Any such landfill shall have all permits from Federal, State, regional, county and City agencies necessary for it to operate as a Class III Sanitary Landfill and shall be in full regulatory compliance with all such permits.

4.10 Dedicated Routes

Solid Waste Collected in the City may not be commingled in Collection vehicles with Solid Waste from other jurisdictions. All routes shall be dedicated exclu sively to City of Orange Solid Waste.

4.11 Route Audit

Once during the first year, and every three (3) years thereafter or at City request (but not more than once per year), Contractor shall conduct an audit of its Collection routes in the City. City may use information from the audit to develop a request for proposals for a new service provider. City may instruct Contractor when to conduct the audit in order for the results to be available for use in preparation of a request for proposals or for other City uses.

City may also instruct Contractor to conduct an audit at a time that would produce the most accurate Customer service information for a new service provider to use in establishing service with Customers. In setting these audit dates, City will establis h due dates for Contractor providing routing and account information, and later, the report, to City.

The route audit, at minimum, shall consist of an independent physical observation by person(s) other than the route driver of each Customer in City. This person(s) is to be 622
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approved in advance by City. The route audit information shall include, a t a minimum, the following information for each account:

a) For Residential Customers:

1) Route Number;

2) Truck Number;

3) Number and size of Carts by waste stream (Refuse, Recycling, Or ganic Waste);

4) Service Address; and,

5) Cart condition.

b) For Commercial Customers:

1) Route Number;

2) Truck Number;

3) Account Name;

4) Account Number;

5) Account Service Address;

6) Account Type (Residential, Commercial, Roll-off);

7) Service Level per Contractor Billing system (Quantity, Size, Frequency);

8) Observed Containers (Quantity and Size);

9) Container condition;

10) Proper signage; and,

11) Graffiti.

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Within thirty (30) days after the completion of the route audit, Contractor shall submit to City a report summarizing the results of the audit. This summary shall include:

a) Identification of the routes;

b) Route map;

c) Truck numbers;

d) Number of accounts, by route and in total (Residential, Commercial, and Roll- off);

e) Confirmation that all routes are dedicated exclusively to City Customers;

f) Number and type of exceptions observed;

g) Total monthly service charge (Residential, Commercial, and Roll-off Box), pre- audit; and,

h) Total monthly service charge (Residential, Commercial, and Roll-off), post - audit (subsequent to corrections of identified exceptions).

The report shall include a description of the procedures followed to complete the route audit.

This description shall include the names and titles of those supervising the route audits and the name and titles of those performing the observations.

The report shall also include a description of the changes and Contractor's plans to resolve the exceptions. The results of the audit, and supporting back -up data, shall be available for review by City or its representative and shall be made available in an electronic format.

4.12 Service Exceptions; Hazardous Waste Notifications

a) Failure to Collect. When Solid Waste is not Collected from any Solid Waste service recipient, Contractor shall notify its service recipient in writing, at the time Collection is not made, through the use of a “ red tag” or otherwise, of the reasons why the Collection was not made

b) Hazardous Waste Inspection and Reporting. Contractor reserves the right to inspect Solid Waste put out for Collection and to reject Solid Waste observed to be contaminated with Hazardous Waste and the right not to Collect Hazardous Waste put out with Solid Waste. Contractor shall notify all agencies 624
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with jurisdiction, if appropriate, including the California Department of Toxic Substances Control and Local Emergency Response Providers and the National Response Center of reportable quantities of Hazardous Waste, found or observed in Solid Waste anywhere within City. In addition to other required notifications, if Contractor observes any substances which it or its employees reasonably believe or suspect to contain Hazardous Waste unlawfully disposed of or released on any City property, including storm drains, streets or other public rights of way, Contractor shall immediately notify City Manager or designee. Contractor shall implement and maintain a training program that will assist its employees in identifying and properly disposing of any Hazardous Waste that may come into their possession.

c) Hazardous Waste Diversion Records. Contractor shall maintain records showing the types and quantities, if any, of Hazardous Waste found in Solid Waste and which was inadvertently Collected from service recipients within City but diverted from landfilling.
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5. DIRECT SERVICES – STREET SWEEPING

5.1 General — Standards of Work and Contractor Responsibilities

The Contractor shall furnish all material, labor, equipment, and supervision to perform the maintenance as described in this Agreement including, but not limited to, the following:

1. Using the designated equipment, thoroughly sweep each improved Street, alley way, public Parking Lot , and designa ted City Facility yard (Water Yard and Corporation Yard) in the City on a frequency as specified in this scope of work and dispose of collected debris in a legal manner. Work, equipment, and operating methods shall be in compliance with all applicable Air Quality Management District (AQMD) and National Pollutant Discharge Elimination System (NPDES) regulations and requirements.

See Appendix A for Street Sweeping route maps, routes, locations, and frequencies:

Appendix A1 — Designated Routes
Appendix A2 — Arterial -- Commercial/Industrial
Appendix A3 — Corporation Yard and Water Yard
Appendix A4 — City Parking Lots
Appendix A5 — Alley Ways
Appendix A6 — Class II Bike Lanes

2. The Contractor shall perform the work described in this Agreement in a thorough and professional manner so that the residents and businesses within the City are provided with courteous, reliable , and high- quality Street Sweeping services at all times.

Sweeping speed shall not exceed ten (10) miles per hour. If , at any time , the City determines that sweeping speed has exceeded ten (10) miles per hour, the City may require the Contractor to Re -sweep any part of, or the enti re sweeping route in question at no additional cost to the City.

3. The Contractor's Street Sweeper shall leave designated areas free of all dirt, litter, debris, and visual dust within the control of a fully operational machine. Due to various Street widths and configurations throughout the City, Street Sweeping may require slower Travel Speed and/or multiple passes by the sweeper in many cases, to ensure curb-to-curb coverage of the Street. Streets with raised medians (Commercial and Residential) shall have the curb-gutter perimeters of each raised median swept, including turnouts. Street- grade striped medians shall be swept in their entirety. All deposits within intersections shall be removed as part of the sweeping operations , resulting in minimal debris residual or tailings left on the swept surface following the 626
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completion of a pass(es) of the Street Sweeping machine. No sweeper shall blow debris onto private property. All dust suppression systems shall be as mandated by AQMD.

4. Due to various Street configurations and densities of the urban forest throughout the City, when necessary for proper cleaning, the Contractor shall make more than one pass on a Street, without additional compensation.

5. The Contractor shall immediately respond when notified by the C ity to Re -sweep unsatisfactory areas at no additional charge. In areas with offset angles, extruded curbs, parking blocks or any areas where Street Sweeping equipment has difficulty in maneuvering, the Contractor shall use whatever legal means necessary to maintain the cleanliness of these areas. These areas are subject to all the terms and conditions listed in this Agreement . Sweeping of alley ways shall include two passes to ensure complete coverage of the alley.

6. Upon City approval, Contractor may use the City's Corporation Yard (637 W. Struck Ave.) to store its Street Sweepers. City’s approval may be withdrawn at any time with reasonable notice to Contractor. Prior to the use of the City facility, an access agreement between the Contractor and the City will be required.

7. Debris shall be disposed of in a legal manner per all applicable regulations. The Contractor shall obtain all permits and/or make all notifications to the County of Orange, or other local enforcement agencies, as necessary for debris handling (transfer, hauling, etc.).

8. The Contractor shall furnish copies of valid commercial driver licenses for all operators assigned to City, whether permanently or temporarily assigned to City.

9. The Contractor shall assign to the C ity, at all times, the necessary amount of fully operational Street Sweeping vehicles and qualified operators to perform the Scope of Work as outlined in this Agreement unless written approval from the City has been obtained. Contractor shall have on -call reserve sweeping vehicle(s) and operator(s) in case of equipment failure or personnel illness/absents.

10. The Contractor's equipment operator s shall maintain a log, listing the locations of roadways that cannot be adequately swept because of obstructions s uch as low hanging limbs or vehicles parked on City streets. The Contractor shall report these locations, by address, to the City within forty-eight (48) hours.

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11. The Contractor ’s equipment operators shall maintain a log and report to the City , items such as tree limbs or other obstructions blocking the normal path of the sweeper. Operators shall also report items such as graffiti, significant roadway potholes, damaged curb and gutter, areas of the sidewalk with significant lifting, and other similar liability items. The Contractor shall report these items to the City daily (Monday-Friday) and submit the written log(s) weekly. The City shall provide the Contractor’s operators with annual training to help with identifying these types of items.

12. The Contractor shall, during the T erm of this Agreement, respond to all non - emergency callbacks to the satisfaction of the City, within twenty -four (24) hours of notification. Failure to comply with this requirement will result in a reduction in compensation to the Contractor as determined appropriate by the City. Notifications of deficiencies, poor workmanship, or missed sweeping received from Customers within forty-eight ( 48) hours of the original designated sweeping time shall be responded to by the Contractor at no additional charge to the City. The City will notify the Contractor of such instances.

13. The regularly scheduled Street Sweeping times shall be adhered to by the Contractor unless deviation from the approved schedule is authorized by the City. A significant number of City streets are posted no parking for Street Sweeping or have alternate side postings during designated hours on various days of the week. The Contractor shall coordinate sweeping operations with Parking Control Officers from the City of Orange Police Department.

14. In the event that Inclement Weather precludes adhering to the regular sweeping schedule, the affected areas may be omitted from the schedule for that cycle only, as directed by the City. During Inclement Weather , a two-hour standby period, prior to the designated start time, shall be observ ed before a scheduled Residential or Commercial sweep will be canceled. All cancell ations will be at the discretion of the City.

15. The City shall have the right to establish holiday schedules. When a City holiday occurs on a regularly scheduled sweeping day, said sweeping area shall not be swept. No makeup for the sweeping area is required unless directed by the City.

16. Contractor shall notify the City should the Contractor have an emergency, and the City shall determine whether the Contractor is released from completing a daily route based on the nature of the emergency. The City has the authority to interrupt scheduled service should the City have an emergency.

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17. The Contractor shall legally dispose of all debris collected under the performance of this Agreement by hauling it to a Disposal site subject to the approval of the City.

18. The Contractor shall make all necessary arrangements through the City's Water Division, (714) 288-2475, to obtain water meters and shall pay for water necessary to the Contractor's operations. Water costs are the responsibility of the Contractor and shall be included in the Bid Item costs for associated work. No additional compensation for water will be allowed.

19. In the event that Contractor is found to have obtained water for its sweepers from the City’s Water Division without using a water meter, Contractor shall pay to City a liquidated damage pursuant to Section 12.3 equal to fiv e hundred dollars ($500.00) per instance for each instance Contractor obtained water without using a water meter.

20. When notified of a n area or street was not swept, Contractor shall issue a proportionate credit to the customer upon request by the City or the Customer.

5.2 Street Sweeping Areas

The service areas, hours of operation, and estimated frequencies of service under the provisions of this Agreement are detailed in Appendix A.

The Contractor acknowledges personal inspection of the sites and the surrounding areas and has evaluated the extent to which the physical condition thereof will affect the services to be provided. The Contractor accepts the premises in their present physical condition, and agrees to make no demands upon the City for any improvements or alterations to those premises.

Some sweeping routes may be adjacent to public or private schools. The Contractor shall coordinate these sweeping routes to ensure no conflicts are created. Sweeping adjacent to schools shall be completed no les s than thirty (30) minutes prior to the start time of school or commenced thirty (30) minutes after the start time.

5.3 Inspection Rating System

The City shall prepare and implement an Inspection Rating System to be used to periodically evaluate Street Sweep ing performance, and potentially assess liquidated damages for substandard Street Sweeping performance (see sample rating system in Appendix B). This form and system may be modified at the discretion of the City. Contractor agrees to be so evaluated by this system and bound by the ratings and/or resulting liquidated damages indicated in the monthly Inspection Rating System report. The Inspection Rating System will 629
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be conducted periodically at the sole discretion of City. If Contractor receives a rating o f ninety (90) or lower pursuant to the scoring system shown in Appendix B, Contractor shall be subject to liquidated damages pursuant to Section 12.3 5.

5.4 Inspections, Meetings, and Documentation

The City reserves the right to perform inspections, including inspection of Contractor's equipment, at any time for the purpose of verifying the Contractor's performance under this Agreement, and identifying any deficiencies. City or a third party designated by City shall perform quarterly inspections of Contractor’s vehicles. If the inspections are satisfactory, the City may decrease the frequency of inspections to bi-annually.

The Contractor or its authorized representative shall meet with the C ity representative on each site at the discretion and convenience of the City, for walk -through inspections. All routine maintenance functions shall be completed prior to this meeting.

At the request of the City, the Contractor, or its representative, shall attend meetings and/or training sessions, as determined by the City, for purposes of orientation, information sharing, Agreement revision, description of the City policies, procedures, standards, and the like.

The Contractor shall provide to the City s uch written documentation and/or regular reports as the City deems necessary to verify and review Contractor's performance under this
Agreement and to provide to the City pertinent information relative to the maintenance, operation, and safety of the sites . Contractor shall reimburse the City for all costs and expenses City incurs for the performance of the tasks outlined in this section (including inspections conducted by City or any third party designated by City).

5.5 Special Sweeps

The Contractor shall, during the Term of this Agreement, respond to requests for Special Sweeps required during emergencies, twenty -four (24) hours per day, seven (7) days per week, by dispatching required sweeping equipment to the site, within one (1) hour of contact by the City. The Contractor shall maintain an accurate emergency contact list throughout the Term of this Agreement and provide that list to the City annually. There shall be no minimum compensation for emergency Special Sweeps. City shall compensate Contractor for emergency Special Sweeps pursuant to the hourly rates shown in Exhibit D.

In addition to the daily Street Sweeping services required in this Agreement , the City may request additional non-emergency Special Sweeps. The City shall request Special Sweeps with at least a forty-eight ( 48) hour notice. The Contractor shall be compensated for Special Sweeps at the established rate in. There shall be no minimum compensation for non- 630
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emergency Sp ecial Sweeps. City shall compensate Contractor for non-emergency Special Sweeps pursuant to the hourly rates shown in Exhibit D.

5.6 Customer Service – Street Sweeping

The Contractor shall maintain a customer service program. Said program shall be operational, at a minimum, from 8:00 A.M. to 5:00 P.M., Monday through Friday, exclusive of holidays ("Office Hours"). A responsible and qualified bilingual (English and Spanish speaking) representative of the Contractor shall be available during Office Hours for personal communication with the public.

The Contractor's telephone system shall be adequate to handle the volume of calls typically experienced on the busiest days. If City receives more than five (5) complaints in thirty (30) days that Customers are unable to contact the Contractor by phone, City may require Contractor to increase capacity. Contractor shall have a representative, a message machine, or an answering service available outside of Office Hours. Calls received outside of Office Hours shall be responded to on the next business day. Contractor shall provide City with a twenty- four (24) hour emergency number to a live person, not voice-mail.

Contractor shall also provide an online platform to accept customer requests and complaints.

Customers shall be able to submit requests through an online portal and receive automated status updates of their service requests . Requests shall be able to be received on the online platform 24 hours a day. Contractor shall have online platform operational by October 1, 2024.

Service complaints received by the City shall be directed to the Contractor. The Contractor shall keep daily logs of complaints forwarded to it for a minimum of three (3) years. In addition to forwarded complaints, Contractor shall log all other complaints received and said log shall include the date and time the complaint was received, the name, address and telephone number of the Customer, a description of the complaint, the name of the employee recording the complaint, and the action taken by the Contractor to respond to and remedy the complaint.

All written Customer complaints and inquiries shall be date -stamped when received. All complaints shall be initially responded to within one (1) business day of receipt. Contractor shall resolve complaints within two (2) business days. Contractor shall log action taken by Contractor to respond to and remedy the complaint.

All Customer service records and logs kept by the Contractor shall be available to the City upon request. The City shall, at any time during r egular Office Hours, have access to the 631
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Contractor's Customer service department for purposes that may include monitoring the quality of Customer service or researching Customer complaints.

Disputes between the Contractor and Customer regarding the servic es provided in accordance with this Agreement may be resolved by the City. The City's decision shall be final and binding.

Intervention by the City is not a condition precedent to any rights or remedies third parties might otherwise have in any dispute with the Contractor. Nothing in this section is intended to affect the remedies of third parties against the Contractor.

5.7 Communication and Emergency Response

The Contractor shall, during the T erm of this Agreement, maintain a twenty -four (24) hour emergency telephone number with a 714 area code. This number is for the City to contact the Contractor. For hours beyond a normal 8:00 A.M. to 5:00 P.M. business day, an answering service shall be considered an acceptable substitute. Answering machines are not acceptable.

All requests for emergency services shall require equipment and operator to be dispatched to the required location as soon as possible after notification; but in all cases within one (1) hour, to the satisfaction of the City. If any emergency se rvice request is not responded to in one (1) hour, the City shall be notified immediately of the reason for not meeting the required response time followed by a written report to the City within two (2) working days.

Whenever immediate action is required to prevent possible injury, death, or property damage (including Sanitary Sewer Overflows), City may, after reasonable attempt to notify the Contractor, cause such action to be taken by alternate work forces and, as determined by the City, charge the cost thereof to the Contractor, or deduct such cost from any amount due to the Contractor. This deduction shall include a markup for administrative costs equal to fifteen percent (15%) of the actual costs incurred.

Contractor's supervisors shall carry mobile telephones with a 714 area code. Supervisors shall respond to any call from the City within thirty (30) minutes at any time.

5.8 Safety – Street Sweeping

The Contractor agrees to perform all work outlined in this Agreement in such a manner as to meet all acce pted standards for safe practices during the performance of its duties and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying 632
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with all City, c ounty, State or Federal requirements at all times so as to protect all persons, including Contractor's employees, agents of the City, vendors, members of the public , or others from foreseeable injury, or damage to their property. Contractor shall make weekly inspections for any potential hazards at said sites and keep a log indicating date inspected and action taken.

The Contractor shall notify the City immediately of any occurrence of accident, injury, or persons requiring emergency services and, if so requested, shall prepare a written report of the incident to the City within three (3) calendar days following the occurrence, unless a lesser time period is required by law. Contractor shall cooperate fully with the City in the investigation of any such occurrence.

5.9 Street Sweeping Services

The acceptable daily hours of sweeping services shall be in accordance with Appendix A or as designated by the existing Street Sweeping signs throughout the City, which shall be considered normal work hours as may pertain to any other provision of this Agreement.

The Contractor shall be sweeping the route within thirty ( 30) minutes of the time posted on the Street Sweeping "no parking" signs or time designated in Appendix A.

The Contractor shall provide staffing to perform the required sweeping services during the prescribed hours as specified in these Agreement documents. Any changes in the days and hours of operation heretofore prescribed shall be subject to approval by the City.

5.10 Sweeping Schedules

The Contractor shall, within thirty (30) days after the execution of this Agreement, submit current Street Sweeping schedules to the City for review and approval. Said schedules shall identify required Street Sweeping operations and delineate the time frames for performance.

A routine Street Sweeping operations schedule shall include all tasks required at the intervals required.

The Contractor shall submit revised schedules when actual performance differs substantially from planned performance, and from time to time as requested by the City. Said revisions shall be submitted to the City for review and approval, within five (5) working days prior to the original or revised scheduled time for the work, whichever is earlier.

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5.11 Training – Street Sweeper Operators

The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth in this Agreement . In cooperation with the Orange Police Department, the Contractor agrees to conduct, and to pay for, background checks if required by the City on all personnel providing sweeping services f or this Agreement. In the event such background check reveals an item, which Orange Police deems a security problem, City may request that such individual be removed from the list of personnel authorized to provide services to the City. The Contractor's personnel shall possess the minimum qualifications for the position in which each is working.

The Contractor shall have a local representative with authority to contractually bind the Contractor in matters which may arise during the Term of this Agreement. The Contractor shall provide, prior to commencement of work under this Agreement, in writing to the City, a statement indicating by name the specific authority vested in the local representative. The Contractor's local representative shall be responsible for instructing and training of the Contractor's personnel in the proper and specified work method and procedures; directing, scheduling, and coordin ating all sweeping services and functions to completely accomplish the work as required by this Agreement. The local representative shall be available for consultation regarding problems on a daily basis at some time during regular working hours (6:00 A.M. to 4:00 P.M., Monday through Friday).

Each crew of the Contractor's employees shall include at least one individual who speaks English proficiently. For the purposes of this section, a crew is understood to be any individual worker or group of workers who might service any site without other Contractor's supervisory personnel present.

The City may at any time give the Contractor written notice to the effect that the conduct or action of a designated employee of the Contractor is, in the reasonable belief of the City, detrimental to the interest of the public patronizing City premises. The Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matter and the Contractor shall take reasonable measures under the circumstances to assure the City that the conduct and activities of the Contractor's employees will not be detrimental to the interest of the public patronizing City premises.

The City may at any time order any of the Contractor's personnel removed from City premises when, in the reasonable belief of the City, said Contractor's personnel is objectionable , unruly, unsafe, or otherwise detrimental to the interest of the City or the public patronizing City premises.

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The Contractor shall require each of its personnel to adhere to basic public works standards of working attire including uniform shirts and/or vests clearly marked with the Contractor's company name and employee name badges as approved by the City. Sufficient changes shall be provided to present a neat and clean appearance of the Contractor's personnel at all times.

Shirts shall be worn and buttoned at all times. The Contractor's personnel shall be equipped with proper shoes and other gear required by State safety regulations. Brightly colored traffic vests or reflectors, meeting Caltrans' standards, shall be worn when personnel are working near vehicular traffic.

5.12 Noise – Street Sweeping

The Contractor shall not interfere with the public use of City premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed.

In the event that the Contractor's operations must be performed when persons of the public are present, Contractor shall courteously inform said persons of any operations that might affect them and, if appropriate, request persons to move out of the work area.

Contractor shall be subject to local ordinances regarding noise levels with regard to equipment operations. Contractor shall not use any power equipment except as allowed under local ordinances. The Contractor is hereby notified that s pecific hours of service are required. Further, any schedule of such operations may be modified by the City to e nsure that the public is not unduly impacted by the noise created by such equipment. The Contractor is responsible to know and follow all noise related requirements listed in the Orange Municipal Code.

5.13 Street Sweeping Equipment

The quality and quantity of the equipment used by the Contractor for the sweeping of streets shall be sufficient to perform the work required in this Agreement . A minimum of five (5) primary sweepers and two (2) back -up sweepers shall be provided. Three (3) primary sweepers shall be broom type and two (2) primary sweepers shall be vacuum type or regenerative air vacuum type. One (1) back -up sweeper shall be broom type and one (1) backup sweeper shall be vacuum type or regenerative air vacuum type. The City reserves the right to adjust the type of sweepers, with regard to mechanical or vacuum operations, based upon actual performance and cleanliness of the streets being swept. Any allowable change in the equipment type shall be accompanied by a change in cost, subject to negotiation and final approval by the City.

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At no time shall any primary sweeper exceed nine (9) years old or any backup sweeper exceed ten ( 10) years old. All sweepers shall meet regulatory standards applicable in the year of operation. All sweepers shall be subject to a visual inspection by the City at any time during the Agreement Term or subsequent extensions. Upon completion of such inspection, the City may direct the Contractor to refurbish the exterior of the sweeper to include metal fabrication and painting. The intent is to ensure sweepers used by the Contractor are not rusty, degraded, or visually unpleasant. Sweepers not passing the visual inspection by the City shall be replaced with acceptable sweepers at no cost to the City. The need to repair or replace a sweeper is at the sole discretion of the City. Upon request, Contractor shall provide to City the manufacturer's specifications for equipment used in the City.

All equipment shall be equipped in accordance with State law. The flashing beacon light shall be visible for a minimum of one mile, flash 60-90 times per minute, mounted for 360 degree visibility, and equipped with an amber lens. An arro w board, approved by the City, shall be mounted on the back of all equipment. All sweeping equipment provided by the Contractor shall comply with PM 10, AQMD R ule 1186, and Rule 1186.1 air quality requirements; specifically, sweepers must be powered by alternative-fuels (e.g. CNG, RNG, propane, LNG).

Each sweeper shall be equipped with a portable blower. The Contractor shall utilize the portable blower to move debris to a location where it can be removed by the sweeper unit any time obstructions, temporary or permanent, limit the sweeper unit's access to areas included in sweeping services. Blowers shall not be used directly adjacent to parked vehicles.

Any Street Sweeping vehicle fluid leak shall be cleaned immediately using all appropriate cleaning methods , and properly disposed. Each sweeper provided by the Contracto r shall carry a spill kit and the operator shall be properly trained on how to clean spills. Costs incurred by the City to respond to, clean up, and/or contain fluid spills from any Contractor's vehicle shall be paid by the Contractor.

All sweepers shall have in large markings the name of the Contractor, and the phrase "Under Contract with the City of Orange" either painted or permanently affixed to both sides of the sweepers.

Each sweeper shall be equipped with an automatic vehicle location device (e.g. GPS). The vehicle location and management system shall be approved by the City.

All Street Sweepers shall be adequately equipped with a water system for dust control and shall comply with AQMD fugitive dust regulations (i.e. Rule 403).

All Street Sweepers shall be equipped with a monitoring system of all fluid systems which will immediately alert the driver and operations manager should a fluid leak occur. 636
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All Street Sweepers shall have two-way radio communication with the City during s weeping operations. The City maintains an 800 MHz radio system, operated by the County of Orange.

The Contractor may elect to operate on the City's 800 MHz frequency or may elect to provide a separate means of two -way communication with the City. Any propo sed two -way communication shall be operational throughout the entire City limits and approved by the City.

Vehicle Inspections. Each year with its Annual Report, Contractor shall submit to City a copy of:
a) Its most recent BASIC Score determined by the Fede ral Motor Carrier Safety Administration, and,

b) Any terminal inspection reports resulting from the California Highway Patrol’s (“CHP’s”) Basic Inspection of Terminals (“BIT”) program. If Contractor receives a terminal rating below satisfactory, Contractor s hall notify the City, and Contractor is in violation of the Agreement. Contractor has the time allowed by the CHP to cure violations and bring the terminal rating up to satisfactory.

If the CHP does not adjust the rating to satisfactory or better within si x (6) months, then the Contractor shall be considered in default of this Agreement and the City may terminate the Agreement.

c) Correction of Defects. Following any inspection, the City Manager or designee shall have the right to cause Contractor, at its sole cost and expense, to recondition or replace any vehicle or equipment found to be unsafe, unsanitary or unsightly. The City Manager or designee's determination may be appealed to the City Council, whose decision shall be final.

5.14 Street Sweeping Equipment Location and Repair

The City requires that all equipment (both primary and backup sweepers) to be used for performing services under this Agreement be kept within twenty (20) miles of the City limits.

The Contractor shall maintain a facility for repair and care of sweepers u sed in the City.

Brushes and brooms shall be maintained in proper condition and shall be replaced as recommended by the manufacturer, or when pick-up ability becomes impaired. Contractor is responsible for all costs associated with the installation, operat ion and maintenance of all devices/equipment utilized as part of the Street Sweeping services.

The Contractor shall demonstrate that adequate support equipment shall be available, including debris transfer vehicles, pickup trucks, service trucks, tire trucks, and any other item 637
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of equipment necessary to provide sweeping services as described within this Agreement. All equipment, including support equipment, to be used by Contractor shall be listed as a part of the detailed inventory to support the Contractor's qualifications.

The Contractor's equipment and equipment service records, including warranty repair, shall be subject to periodic inspection by City. All work, to include warranty and non- warranty work, shall be documented for City review.

Scheduled or unscheduled equipment maintenance and/or repairs shall be noticed to City immediately, with anticipated date and time of equipment return.

The City shall have the option of performing a complete inspection of all vehicles at any time throughout the T erm of this Agreement. If any vehicle is inspected and it is determined to not meet standards the City deems necessary to fulfill the terms of this Agreement, or to operate safely, the City may require such vehicle(s) be brought to standard before being placed back in service. Any vehicle accidents involving sweepers assigned to the City must be reported in writing within twenty-four (24) hours of said accident to the City.

5.15 GPS Equipment and Software

The Contractor shall provide an automatic vehicle location device (e.g. GPS) on primary and backup sweeper units . This device shall be placed on all sweeping equipment at the Contractor's cost.

The Contractor shall provide associated software programs, which will report all Street Sweeping activity. The associated software shall be provided at no cost to the City including monthly monitoring charges. The Contractor shall provide software and licens ing for two work stations (at the City's Corporation Yard) and all associated IT services required to install, maintain, and update this software for the duration of the Agreement . Software shall be capable of being operated on computers utilizing Microsoft Windows XP.

Software shall be capable of demonstrating real- time location, speed and path of travel of equipment equipped with GPS systems. Software shall be capable of recording and printing daily activity logs indicating actual miles traveled, ground speed of equipment, the location of equipment at any given time, and any other information that is suitable for documenting actual work performed by the Contractor under this Agreement. Data collected may be used by the City for the Inspection Rating System.

The Contractor shall have a backup system to the GPS in the event of a system failure. The backup system shall be subject to City approval. The Contractor shall provide adequate training on an annual basis for City staff in the operation and use of this system. 638
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The Contractor shall respond to a GPS data request by the City within one (1) business day.

Should any location device fail, or need repair, the Contractor shall immediately report that the system is inoperative to the City. If the Contractor's software or monitoring website fails, the City shall immediately notify the Contractor. The Contractor shall repair any non - operation portion of the system within two (2) business days or Contractor shall pay to City one hundred dollars ($100.00) dollars for each twenty -four (24) hour period, or portions thereof, that the system is unavailable to the City.

5.16 Customer Refunds for Missed Sweeps

Upon request by City or any Customer, Contractor shall credit a Customer’s (or several Customers’ if applicable) account(s) in the event that the Customer’s (or Customers’) streets were not swept according to the schedule in this Agreement. The amount of the credit shall be that portion of the Customer’s monthly rate related to street sweeping service and based on the number of days the street was not swept. The amount of the credit shall be reasonable and determined by the City at its sole discretion. The credit shall appear as soon as practicable on the Customer’s next invoice after Contractor is notified. Contractor shall not be required to issue any such refunds by check.
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6. OTHER SERVICES

6.1 Customer Billing and Contractor Compensation

6.1.1 Cart Billing

Contractor shall Bill Single-Family Residential Customers for Cart Collection Service as shown in Exhibit A. Contractor shall invoice Single -family Customers with Cart Collection service quarterly in advance on or about the first day of the quarter during which service will be provided. Contractor shall prorate invoices for Customers that start or stop service during the month. Contractor shall invoice any Single -family Customers with Bin or Roll -off Collection service according to the billing method for Commercial or Multi-family Customers with Bins, or according to the method for billing Roll-off Customers.

6.1.2 Bin, Roll-off and Temporary Services Billing

Contractor shall bill Commercial and Multi -family Customers for Bin, Roll -off Box and temporary services and other special charges as shown in Exhibit A, Exhibit B, and Exhibit C.

Contractor shall prorate invoices for Customers that start or stop service during the month.

Commercial Customers may share Bins and Contractor shall separately bill such Customers their pr oportionate share. Contractor shall bill monthly, no sooner than the first day of service and require payment no sooner than thirty (30) days from the start of the service period.

For individually serviced Customers who request temporary Roll -off Box or temporary Bin service, Contractor shall accept major credit cards for payment. Individually serviced Customers who do not use credit cards may be required by the Contractor to post a security deposit or to pay on a “ Cash on Delivery ” (C.O.D.) basis. Any un used portion of a security deposit shall be refunded to the Customer within five (5) business days of the termination of service.

In the event Contractor charges a fee without advance approval, Contractor shall pay back each Customer that has been assessed the fee, the amount of the fee plus a one-time interest charge of 10%. Contractor may, with City approval, apply the amount as a credit on an account.

6.1.3 Start and Stop Service – Vacant Residential Units

Upon notification by a Single -family or Multi- family Customer with Cart Collection Service that one or more Dwelling Units are or will be vacant, Contractor shall prorate and/or cred it the Customer’s invoice to reflect the period of time during which the Dwelling Units are 640
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vacant. Contractor shall rely on Customer’s written representation of the period of time during which the Dwelling Units are vacant. Contractor shall not require any other documentation from Customer. Contractor may retrieve Customer’s Carts for any vacant Dwelling Unit at no charge to Customer. Contractor may charge the Re-start Fee in Exhibit A to re-deliver a set of three (3) Carts that have been retrieved due to vacancy. In the event of a dispute, the City Manager or designee shall have final authority to make the determination on whether and when a Dwelling Unit is vacant.

6.1.4 Contractor's Invoices

Bills must be itemized by Container size and frequency of service and service period. City must approve Contractor Billings as to content and format of invoice s. All bills must carry a due date, not “due upon receipt”.

6.1.5 Non-Payment; Collections; Suspension of Service

In the event of non- payment by a Customer Billed by Contractor, Contractor must follow these steps before suspending service:

a) First Notice - If payment is not received by fifteen ( 15) days after due date, Contractor shall notify Customer in writing of the non-receipt of payment and that non-payment can result in suspension of service.

b) Second Notice - If payment is not received within fifteen ( 15) days of the mailing of the first notice of non -receipt of payment, Contractor shall mail a second notice of non -receipt of payment, warning of service shall be suspended in fifteen ( 15) days if payment is not received and that City may undertake code enforcement against the delinquent Customer.

Contractor shall not suspend service without prior approval from City and may be required to continue Residential service despite lack of payment due to health and safe ty concerns. Contractor may request a security deposit of up to two months' service from Customers that have had service suspended for non-payment.

Contractor shall not suspend service to any public or private preschool, elementary school, middle school, high school, alternative education facility, college, university, or education related facility . Contractor shall not suspend service to any hospital or medical related facility.

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Notwithstanding the above, in the e vent of a Billing dispute or to avoid a negative impact on public health or safety, Contractor shall continue to provide service to all Customers unless permitted otherwise by City, without regard to the status of said Customer account . City may consider Customers who have their service suspended for non- payment to be in violation of Section 8.28.170 of the Orange Municipal Code. City agrees to make reasonable efforts to enforce Sections 8.28. 020 and 8.28.030 of the Orange Municipal Code.

6.1.6 Exemption from Service

City may, but is not required to, establish guidelines to exempt properties from receiving and paying for Solid Waste Collection service. Refer to Section 8.29.040 and 8.29.050 of the Orange Municipal Code for requirements and regulations on self-hauling.

6.2 Customer Service

6.2.1 Local Office

Contractor shall maintain a local office within the County of Orange or within fifteen (15) miles of the City of Orange city limits. Said office shall be open (“Office Hours”), at a minimum, from 8:00 A.M. to 5:00 P.M., Monday through Friday, exclusive of holidays. A responsible and qualified bilingual (English and Spanish speaking) representative of Contractor shall be available during Office Hours for personal communication with the public at the local office.

Contractor's telephone system shall be adequate to handle the volume of calls typica lly experienced on the busiest days. If City receives more than five (5) complaints in thirty (30) days that Customers are unable to contact Contractor by phone, City may require Contractor to increase capacity. Contractor shall have either a representative, a message machine, or an answering service available outside of Office Hours . Calls received outside of Office Hours shall be responded to on the next business day. Contractor shall provide City with a twenty - four (24) hour emergency number to a live person, not voicemail.

Contractor shall also accept Customer complaints and inquiries via email. Contractor shall record Customer complaints and inquiries in accordance with Section 6.2.2. Customer service representatives receiving multiple complaints are to be transferred from Customer service duties or, with City approval, disciplined and appropriately trained.

Contractor shall also provide an online platform to accept customer requests and complaints.

Customers shall be able to submit requests through an online portal and receive automated status updates of their service requests . Requests shall be able to be received on the online 642
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platform twenty-four (24) hours a day. Contractor shall have online platform operational by October 1, 2024.

6.2.2 Complaint Documentation

Service complaints received by City shall be directed to Contractor. Contractor shall keep daily logs of complaints forwarded to it for a minimum of three (3) years.

Contractor shall record all calls and emails, including any inquiries, service requests and complaints into a customer service log. This log shall include the date and time the complaint was received, the name, address, and telephone number (and email address, if applicable) of the caller/complainant, a description of the complaint, the name of the employee recording the complaint, and the action taken by Contractor to respond to and remedy the complaint.

Log shall also include each instance that Solid Waste and/or Recyclables are not Collected, and the form of notification used to inform the participants of the reasons of non- Collection and the end result or means of resolution of the incident.

All written Customer complaints and inquiries shall be date -stamped when received. All complaints shall be initially responded to within one (1) business day of receipt. Contractor shall use best efforts to resolve complaints within two (2) business days. Contractor shall log action taken by Contractor to respond to and remedy the complaint.

All Customer service records and logs kept by Contractor shall be available to City upon request. City shall, at any time during regular Office Hours, have access to Contractor's Customer service department for purposes that may include monitoring the quality of Customer service or researching Customer complaints.

6.2.3 Resolution of Customer Complaints

Disputes between Contractor and Customers regarding the services provided in accordance with this Agreement may be resolved by City. City's decision shall be final and binding.

Intervention by City is not a condition precedent to any rights or remedies third parties might otherwise have in any dispute with Contractor. Nothing in this section is intended to affect the remedies of third parties against Contractor.

6.2.4 Contract Liaison

Contractor shall designate in writing a “Contract Liaison” who shall be responsible for working with City and/or City's designated representative(s) to resolve Agreement-related issues. City 643
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shall have the right to approve the Contractor's choice for a Contract L iaison. City shall be notified in advance of any change in Contract Liaison.

6.2.5 Service Liaison

Contractor shall designate in writing a field supervisor as “Service Liaison ” who shall be responsible for working with City and/or City's designated representative(s) to resolve Customer service-related complaints. City shall have the right to approve the Contractor's choice for a Service Liaison. City shall be notified in advance of any change in Service Liaison.

6.3 Education and Public Awareness

6.3.1 General

Contractor acknowledges and agrees that education and public awareness are critical, key, and essential elements of any efforts to achieve the requirements of AB 939, AB 341, AB 1826, and SB 1383 and their implementing regulations . Accordingly, Contractor agrees to take direction from City to maximize opportunities to expand public and Customer knowledge concerning needs and methods to reduce, reuse , Recycle, and Compost Solid Waste and to cooperate fully with City in this regard.

Contractor shall maintain its own program of providing information relevant to needs and methods to reduce, reuse, and recycle Solid Waste with its Bills. All public education materials shall be approved in advance by City and shall be printed in English , Spanish, or other languages that the City may designate.

6.3.2 Implementation and On-going Education Requirements

To promote public education, in addition to any other materials it develops, Contractor shall create the following public education materials and programs at its expense, which will be distributed as indicated below. All of these materials and programs shall be produced and/or available in English and Spanish languages, including pictures wherever applicable. All brochures, mailings, and other educational materials are to be approved by City in advance of distribution. A Public Education Plan shall be submitted to City for review within sixty (60) days after the execution of this Agreement. The plan shall address the items described in this section. The Public Education Plan shall be updated as needed by mutual agreement of the Parties.

Annual Brochures/Mailings - Not less than four (4) times per year during the Term, Contractor shall prepare and distribute to each Customer a mailing or billing insert to update Customers regarding program basics, program changes, holiday schedules , and other service-related 644
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information. Separate brochures shall be developed for Residential and Commercial Customers, reflecting the different services provided to each group. Mailings should promote and explain: all Solid Waste programs offered by City and Contractor (such as Recycling, Organics, Holiday Tree , and Bulky Item Collections) described in detail; the environmental, regulatory, and other benefits of participating in Recycling; how to properly dispose of Household Hazardous Waste such as syringes, paint, etc. through the County's program, the City's door -to-door program, or other means; Collection schedules, including holiday schedules; Customer service numbers; and the procedures to begin and terminate services.

This brochure shall be at least four (4) pages and printed in full color. City may provide mailing labels from its Billing system. Contractor is responsible for all associated costs.

Corrective Action Notice - Contractor shall develop a corrective action notification form for use in instan ces where a Customer sets out inappropriate materials for Collection that explains the appropriate manner for Disposal of such items.

Website - Contractor shall develop and maintain a website to enable Customers to contact Contractor, submit service requests, monitor the status of complaints, and to display holiday schedules, proper HHW disposal procedures, which materials are to be placed in Recyclables Containers and other useful information. Contractor shall also provide outreach through other technologies that many be developed.

Recycle and Organic Waste Curriculum – Contractor shall provide a Recycling and Organic Waste education curriculum for use in classroom visits and wor kshops, and shall develop materials for use with such curriculum such as posters, coloring books, puzzles , and quizzes.

Contractor shall prepare and coordinate classroom education curriculum with the Orange Unified School District, if requested by the District. The curriculum shall also be utilize d by Contractor for recycle presentations and physical interactive exhibits at City public libraries, churches, and other youth groups identified by the City.

Customer Education – Organics - Contractor shall conduct applicable public outreach as approved by the City to encourage Custo mers to include all types of Organics within the Green Waste/Organics Carts. Public outreach shall include, but not be limited to, educational stickers applied to the lids of Green Waste/Organics Carts, Cart tags, and educational fliers.

All new or replaced Green Waste/Organics Carts shall describe the Organic materials allowed to be placed in the Green Waste/Organics Carts.

6.3.3 Contractor Representative

Contractor shall retain on its staff an individual who shall, as part of his or her job function, routinely visit civic groups, school assemblies, homeowners ’ associations, Multi-family 645
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Premises, and businesses, to promote and explain the Recycling programs Contractor offers, and participate in demonstrations, and civic events.

6.3.4 Community Events

At the direction of City, Contractor shall participate in and promote Recycling and other Diversion techniques at City-sponsored Special Events, community events, and local activities designated by City . Such participation shall include providing, without cost, Collection and educational and publicity information promoting the goals of City's Solid Waste program.

6.4 Contamination Monitoring

Contractor shall implement a contamination monitoring program to minimize Prohibited Container Contaminants in a manner that complies with 14 CCR Section 18984.5 . Contractor may conduct its contamination monitoring requirements through either Route Reviews or Waste Evaluations, or a combination of the two methods. Contractor’s contamination monitoring program shall include, but not be limited to, the following:

6.4.1 Route Reviews

For routes on which Contract or conducts Route Reviews (i.e., on -route observations of individual Containers), the routes must be reviewed at least once per year. Upon finding Prohibited Container Contaminates in a Container, Contractor shall notify the Customer of the violation. The notification shall include information in English and Spanish regarding the Customer’s obligation to properly Source Separate materials in the appropriate Containers and should include photographic evidence of the violation. Contractor shall either leav e a Notice of Violation in English and Spanish at the Customer’s location, or mail, e -mail, or electronically message the Waste Generator.

6.4.2 Waste Evaluations

For routes on which Contractor performs Waste Evaluations (i.e., conducting waste characterizations of Collected material at the Processing Facility), Waste Evaluations shall be conducted at least twice per year for the Green Containers and Brown or Blue Containers, and at least once per quarter for the Black Containers. Waste Evaluations shall inclu de samples of each Container type, and samples from different areas of the City, and from different seasons in the year. The Waste Evaluations shall include at least the number of samples required by 14 CCR Section 18984.5 (C)(1)(e).

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If the sampled weight of Prohibited Container Contaminants in the Waste Evaluations exceeds twenty percent (25%) of the measured sample for any Container type, Contractor shall perform one of the following:
a) Notify all Waste Generators on the sampled routes of their requirem ent to properly separate materials into the appropriate Containers. Contractor may provide this information by placing a notice in English and Spanish on the Waste Generator’s Container, gate, or door, and/or by mail, e -mail, or electronic message to the Waste Generator.

b) Perform a targeted Route Review of Containers on the routes sampled for Waste Evaluations to determine the sources of contamination and notify those Waste Generators of their obligation to properly separate materials.

Contractor may provide this information to these Waste Generators by placing a notice in English and Spanish on the Waste Generator’s Container gate, or door, and/or by mail, e -mail, or electronic message to the applicable generators.

6.4.3 Recordkeeping and Reporting

Contractor shall collect and maintain following information and documents related to its contamination minimization program and provide it to City:

a) A description of Contractor’s process for determining the level of Container Contamination.
b) Documentation of any of the Route Reviews it conducts. c) Documentation of any Waste Evaluations performed including information about any targeted Route Reviews conducted as a result of the Waste Evaluations. The documentation shall at a minimum include dates of the studies, the location of the Solid Waste Facility where the study was performed, routes, source sector (e.g., Commercial or Residential), number of samples, weights and ratio of Prohibited Container Contaminants and total sample size, and of all notices issued to Waste Generators with Prohibited Container Contaminants.
d) Documentation of the number of Containers where the contents were disposed due to observation of Prohibited Container Contaminants.

Contractor shall continuously monitor the Single -Family Organic Waste Collection program for both participation and contamination such that each year, Contractor has opened the Cart 647
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lid and checked the contents of a minimum of five percent (5%) of all Single-Family and Multi- Family Cart Customers in the City to note contamination levels in the Carts. (Contractor shall develop a plan to randomly sample areas of City, which shall be submitted to City for approval annually.) When Contractor finds a household that is not participating, Contractor shall leave or direct mail the Customer education materials in English and Spanish describing the program, and how to participate. When Contractor finds contamination, Contractor shall alert the Customer by leaving hang -tag public education materials in English and Spanish concerning the acceptable materials for the program. Contractor shall recheck the Residences that were tagged within sixty (60) days to see if the contamination has been reduced or eliminated.

6.5 Waste Generation/Characterization Studies

Contractor acknowledges th at City must perform Solid Waste generation and Disposal characterization studies periodically to comply with the requirements of AB 939. Contractor agrees to participate and cooperate with City and its agents and to accomplish studies and data collection and prepare reports, as needed and directed by City, to determine weights and volumes of Solid Waste Collected and characterize Solid Waste generated, disposed, transformed, diverted, or otherwise handled/processed, by Customer type ( Single-family, Multi-family, Commercial), to satisfy the requirements of AB 939. Contractor shall at its sole expense conduct such a waste generation and characterization study upon request of City.

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7. CONTRACTOR COMPENSATION AND RATES

7.1 General

The maximum rates set forth in Exhibit A, Exhibit B, Exhibit C, and Exhibit D, and as those maximum rates may be adjusted during the Term, shall be the maximum amount Contractor may charge Customers as full, entire , and complete compensation due pursuant to this Agreement for all labor, equipment, materials and supplies, taxes, insurance, bonds, letters of credit, overhead, Disposal, transfer, profit, and all other things necessary to perform all the Solid Waste Handling and Street Sweeping services required by this Agreement in the manner and at the times prescribed. Contractor shall impose no other charges for services provided to Customers unless approved by the City Manager or designee.

7.2 Initial Rates

The maximum rates that Contractor may charge Custome rs from February 1, 2024 through June 30, 2025, shall not exceed the maximum rates set forth in Exhibit A, Exhibit B, Exhibit C and Exhibit D.

7.3 Schedule of Future Adjustments

Beginning with the Rate Year starting July 1, 20 25 and ending on June 30, 20 26, and for all subsequent Rate Years, Contractor may request an annual adjustment to the maximum rates shown in Exhibit A, Exhibit B, Exhibit C and Exhibit D.

Contractor shall submit its annual rate adjustment request in writing, to be received by City in person or via certified mail, prior to the preceding March 30 th, or at least ninety (90) days
prior to the effective date of the rate adjustment. If Contractor does not submit a rate adjustment request prior to March 30 th, City may delay the effective date of the rate adjustment by one month for each 30 -day period (or any portion thereof) after March 30 th that Contractor does not submit a rate adjustment request. Any delayed rate adjustment shall become effective on the first day of the month (i.e., not become effective mid -month).

Contractor shall forego lost revenue due to any delayed rate adjustment. Contractor’s annual rate adjustment request shall be based on the method of adjustment described in Section

7.4. Adjustments to the maximum rates are subject to the approval of the City Council.

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7.4 Method of Adjustments

7.4.1 Annual Rate Adjustment Percentage

The Annual Rate Adjustment Percentage shall be calculated based on the cost component categories shown in Table 1. Each cost component shall be adjusted by the change in the corresponding index in Table 1. See Section 7.4.2 for detailed rate adjustment procedures.

Table 1 – Cost Components of Inflation Adjustment Percentage Cost
Category
Initial Weightings for July
1, 2025 Adjustment Index
Residential Commercial
Labor 23.7% 20.0%
Change in the highest level rate for the "Driver A/B"
Classification to be in effect as of the date the new
rates go into effect (July 1st) under the Agreement
between local haulers and Package and General
Utility Drivers Local Union 396, International
Brotherhood of Teamsters (1)
Fuel 4.7% 4.9%
Producer Price Index, WPU 0531 not seasonally
adjusted, Fuels and related products and power,
natural gas
Equipment 19.3% 8.3% Producer Price Index, PCU336120336120, Heavy duty truck manufacturing
Insurance 0.9% 0.9% Producer Price Index, PCU524 ---524---, Insurance carriers and related activities
Landfill
Disposal 18.8% 21.5% Actual change in landfill gate fee per ton at the Orange County Landfill System
All Other 32.6% 44.4%
Consumer Price Index, Series ID: CUURS49ASA0,
All items in Los Angeles-Long Beach-Anaheim, CA,
all urban consumers, not seasonally adjusted (U.S.

Department of Labor, Bureau of Labor Statistics.

Total 100.0% 100.0%

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Table 2 – Example Calculation to Labor Components

Contract Date 10/01/23 10/01/24
Hourly Rate $23.40 $24.15
Rate Adjustment Date n/a 7/01/20
Change to Labor Component n/ a 3.2%

Table 2 shows an example calculation of the labor component. Comparable rates from subsequent labor agreements will similarly apply. If a subsequent labor contract has not been executed prior to a rate adjustment calculation, the percentage change in the labor cost component used in the prior year's adjustment calculation will be used. In the event that the estimated labor component change i s higher or lower than the actual change after a new labor contract is executed, no compensation adjustment shall be provided for prior periods.

7.4.2 Rate Adjustment Steps

All rates will be adjusted using the same methodology described below. Residential and Commercial rates shall be adjusted using the corresponding cost component weightings from Section 7.4.1.

a) Step One - Calculate the percentage increase or decrease in each index listed in Section 7.4.1 . The increase or decrease in the published indices for fuel, equipment insurance and all other (CPI) will be for the change in the average annual published index between the calendar year ended the December prior to the Rate Year anniversary date and prior calendar year.

b) Step Two - The first set of rate adjustment cost components as a percentage of total costs are provided in Section 7.4.1 above, to be used for the rate adjustment effective July 1, 2025, with subsequent components calculated in Step F ive of the rate adjustment. For Step Two of each subsequent rate adjustment, use the cost components recalculated in Step F ive during the previous rate adjustment. Multiply the percentage changes for each rate adjustment component by that component's weighting and add these resulting percentages together to derive the Inflation Adjustment Percentage.

Orange City CouncilJanuary 9, 2024

Orange City Council
January 9, 2024