Agenda packet — Orange City Council, January 23, 2024 (part 2 of 4)

ATTACHMENT NO. 1

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

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

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

Section 1771. Payment of general prevailing rate

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

This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. 172

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Section 1771.1 . Registration as a contractor or subcontractor required prior to bid submission; exceptions; violations; penalties
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code , or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code , provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) 173

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for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742 . The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the con tractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 174

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(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Section 1771.4. Additional requirements when bidding and awarding public works contracts

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

Section 1775. Penalties for violations

(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
(B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor 176

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or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. (c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.

Section 1776. Payroll records; retention; inspection; redacted information; agencies entitled to receive nonredacted copies of certified records; noncompliance penalties; rules

(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journey man, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771 , 1811, and 1815 for any work performed by his or her employees on the public works project. 177

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(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor.
(c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.

The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft -Hartley trust fund ( 29 U.S.C. Sec. 186(c)(5) ) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor - management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. 178

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(2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.
(g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
(h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each cal endar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(j) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code ) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.

Section 1777.5. Employment of registered apprentices; wages; standards; number; apprenticeable craft or trade; exemptions; contributions; compliance program

(a)(1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time sp ent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 179

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apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the California Apprenticeship Council. (d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o).
(e) Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.

The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, i f requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a s ubcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator 180

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

Section 1813. Forfeiture for violations; contract stipulation; report of violations

The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of 182

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the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the executi on of the contract, and shall report them to the Division of Labor Standards Enforcement.

Section 1815. Overtime

Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 h ours per day at not less than 1 ½ times the basic rate of pay.
183

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ATTACHMENT NO. 2

CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204

Section 9204. Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process (Eff: January 1, 2017)

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and f ormed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 184

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(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying w hat portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutu ally agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and conf er for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 185

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(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behal f of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontrac tor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civi l action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 186
Agenda Item
City Council
Item #: 3.9. 1/23/2024 File #: 24-0005
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to Gentry General Engineering, Inc. for Community Development Block Grant Fiscal Year 2023-2024 Americans With Disabilities Act Wheelchair Access Ramp Replacement Project; and authorize Amendment to the 2023-2024 Annual Action Plan to increase funding for the project; Bid No. 23-24.18.

2. SUMMARY
Bids for the Community Development Block Grant Fiscal Year 2023-2024 Americans With Disabilities Act Wheelchair Access Ramp Replacement Project (SP-4269) were received and opened on December 14, 2023. Six bidders responded to the notice inviting bids. The apparent low bidder is, Gentry General Engineering, Inc. of Colton, CA in the amount of $78,700.

3. RECOMMENDED ACTION

1. Authorize the Amendment to the Memorandum of Understanding to increase the 2023-2024 Americans With Disabilities Act Wheelchair Access Ramp Project by $10,000, for a total not-to- exceed amount of $100,000; and authorize the City Manager or his designee to execute the amendment on behalf of the City.

2. Authorize the Amendment to the 2023-2024 Annual Action Plan to increase the allocation to the 2023-2024 Americans With Disabilities Act Wheelchair Access Ramp Project by $10,000 to a total allocation of $100,000 and submit the Amendment to the Department of Housing and Urban Development (HUD).

3. Authorize the transfer of $10,000 from expenditure account 310.9645.56020.20503, CIP- Building and Improvements to expenditure account 310.9645.56330.11328, ADA Improvements - Curbs.

4. Approve contract to Gentry General Engineering, Inc. in the total amount of $86,570, representing an original amount of $78,700, plus a 10% contingency of $7,870, for Community Development Block Grant Fiscal Year 2023-2024 Americans With Disabilities Act Wheelchair Access Ramp Replacement Project; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this contract, including the 10% contingency is $86,570 and will be funded in ADA Improvements - Curbs (11328).

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Item #: 3.9. 1/23/2024 File #: 24-0005
310.9645.56330.11328 (Community Development Block Grant) $86,570

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

6. DISCUSSION AND BACKGROUND
The Federal Community Development Block Grant Program (CDBG) provides grant funds to enable eligible localities to construct public improvements in Low and Moderate Income Areas within their jurisdiction. The proposed wheelchair ramp improvements project was approved through the 2023- 2024 Annual Action Plan process on May 9, 2023.

The scope of the project mainly includes removal of existing wheelchair access ramps and replacement with Americans with Disabilities Act (ADA) compliant wheelchair access ramps. This project will include the construction of approximately eight ADA compliant access ramps at various locations. As part of this project, detectable warning surfaces (truncated domes) will be installed per the American with Disabilities Act Accessibility Guidelines (ADAAG) requirements.

The City Council previously approved an advertisement for bids on November 14, 2023. The bid solicitation was advertised on November 16, 2023, for a period of four weeks and bids were opened on December 15, 2023. Six bids were received as follows:

1. Gentry General Engineering, Inc, Colton $78,700

2. Cheloletty Engineering, Inc., Villa Park $80,845

3. S&H Civilworks, Colton $89,400

4. We R Builders, Inc., Glendale $94,000

5. HZS Engineering, Inc., Orange $138,000

6. Kazoni, Inc., Costa Mesa $794,000
The low bid is about 6.3% higher than the Engineer’sEstimate. Staff checked the references and qualifications for Gentry General Engineering, Inc. and found them to be acceptable, with adequate years of experience in completing contracts of similar nature to this project. Therefore, staff recommends that Gentry General Engineering, Inc. be awarded the contract in the total amount of $86,570, representing an original amount of $78,700, plus a 10% contingency of $7,870 for the CDBG Fiscal Year 2023-2024 ADA Wheelchair Access Ramp Replacement Project.

Construction is scheduled to begin in March 2024 and is expected to be completed within 30 calendar days.

Funding requested for the project includes an estimated $13,430 for staff costs incurred in the administration of the project.

Annual Action Plan/Citizen Participation Plan
The City’sCitizen Participation Plan (CPP) provides a guide to ensure citizen and interested party participation in the development of the City’sAnnual Action Plan. The Annual Action Plan outlines the City’splans for the use of CDBG funding received in a specific year. Per the CPP, an increase of over 20% of the original allocation to an approved project requires a substantial amendment to the Annual Action Plan in which the project was approved and would require a 30-day public review for comment City of Orange Printed on 1/17/2024Page 2 of 3
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Item #: 3.9. 1/23/2024 File #: 24-0005
Action Plan in which the project was approved and would require a 30-day public review for comment and Public Hearing at City Council. The proposed increase of $10,000 to the CDBG Fiscal Year 2023 -2024 ADA Wheelchair Access Ramp Replacement Project does not meet the criteria for a substantial amendment to the 2023-2024 Annual Action Plan as it is below 20% (or $18,000) of the original allocation. The amendment, therefore, requires only City Council approval to be submitted and accepted by the U.S. Department of Housing and HUD.

7. ATTACHMENTS
· Bid Abstract
· Contract with Gentry General Engineering, Inc.
· Amendment to 2023-2024 Annual Action Plan
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Agenda Item
City Council
Item #: 3.9. 1/23/2024 File #: 24-0005
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

3. RECOMMENDED ACTION

3. Authorize the transfer of $10,000 from expenditure account 310.9645.56020.20503, CIP- Building and Improvements to expenditure account 310.9645.56330.11328, ADA Improvements - Curbs.

4. FISCAL IMPACT
The total expenditure for this contract, including the 10% contingency is $86,570 and will be funded in ADA Improvements - Curbs (11328).

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Item #: 3.9. 1/23/2024 File #: 24-0005
310.9645.56330.11328 (Community Development Block Grant) $86,570

1. Gentry General Engineering, Inc, Colton $78,700

2. Cheloletty Engineering, Inc., Villa Park $80,845

3. S&H Civilworks, Colton $89,400

4. We R Builders, Inc., Glendale $94,000

5. HZS Engineering, Inc., Orange $138,000

Construction is scheduled to begin in March 2024 and is expected to be completed within 30 calendar days.

Funding requested for the project includes an estimated $13,430 for staff costs incurred in the administration of the project.

Annual Action Plan/Citizen Participation Plan
The City’sCitizen Participation Plan (CPP) provides a guide to ensure citizen and interested party participation in the development of the City’sAnnual Action Plan. The Annual Action Plan outlines the City’splans for the use of CDBG funding received in a specific year. Per the CPP, an increase of over 20% of the original allocation to an approved project requires a substantial amendment to the Annual Action Plan in which the project was approved and would require a 30-day public review for comment City of Orange Printed on 1/17/2024Page 2 of 3
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Item #: 3.9. 1/23/2024 File #: 24-0005
Action Plan in which the project was approved and would require a 30-day public review for comment and Public Hearing at City Council. The proposed increase of $10,000 to the CDBG Fiscal Year 2023 -2024 ADA Wheelchair Access Ramp Replacement Project does not meet the criteria for a substantial amendment to the 2023-2024 Annual Action Plan as it is below 20% (or $18,000) of the original allocation. The amendment, therefore, requires only City Council approval to be submitted and accepted by the U.S. Department of Housing and HUD.

7. ATTACHMENTS
· Bid Abstract
· Contract with Gentry General Engineering, Inc.
· Amendment to 2023-2024 Annual Action Plan
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1 2 3 4 5 6
Bid No. 23-24.18; Project No. SP-4269
Date of Bid Opening: 12/14/2023
Tel. No. (909) 330-1128 Tel. No. (714) 248-1285 Tel. No. (909) 206-1181 Tel. No. (714) 874-5275 Tel. No. (949) 415-9556 Tel. No. (714) 882-1088 NO. DESCRIPTION OF WORK QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Sawcut, Remove, and Replace
Wheelchair Access Ramp with Truncated
Domes per City Std. 121
8 EA 8,500.00$ $68,000.00 $9,100.00 $72,800.00 $9,605.00 $76,840.00 $9,800.00 $78,400.00 $10,000.00 $80,000.00 $16,500.00 $132,000.00 $48,000.00 $384,000.00 2 Remove and Dispose Existing Tree and
Root System at Southwest Corner of
Quincy and Grand (Two Trunks at 20"
Diameter Each)
1 EA 4,000.00$ $4,000.00 $3,400.00 $3,400.00 $2,355.00 $2,355.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $4,000.00 $4,000.00 $200,000.00 $200,000.00 3 Remove and Dispose Existing Tree and
Root System at Northeast Corner of
Jacaranda and Grand (4" Trunk Diameter) 1 EA 2,000.00$ $2,000.00 $2,500.00 $2,500.00 $1,650.00 $1,650.00 $3,000.00 $3,000.00 $6,000.00 $6,000.00 $2,000.00 $2,000.00 $210,000.00 $210,000.00 $74,000.00 $78,700.00 $80,845.00 $89,400.00 $94,000.00 $138,000.00 $794,000.00 Costa Mesa, CAOrange, CA
Kazoni, Inc. Dba Kazoni
Construction
HZS Engineering, Inc. Dba HZA
Construction
City of Orange: Summary of Bid Abstracts for:

Villa Park, CA Colton, CA
Grand Total

PAVEMENT IMPROVEMENTS

ENGINEER'S ESTIMATE
CDBG FY23-2024 ADA Wheelchair Access Ramp
Replacement
Gentry General Engineering,
Inc. Cheloletty Engineering, Inc. S&H Civilworks
Rancho Cucamonga, CA
We R Builders, Inc.

Glendale, CA

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CONTRACT
[CDBG FY 2023-24 ADA Wheelchair Access Ramp Replacement (Bid No. 23-24.18)]

THIS CONTRACT (the “Contract”) is made and entered into as of _________________, 2024 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and GENTRY GENERAL ENGINEERING, INC , a California corporation (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed

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

(1) The Construction Plans for CDBG FY 2023 -24 ADA Wheelchair Access Ramp Replacement (Drawing SP-4269) prepared for City by Martin Varona, and consisting of one sheet, inclusive (the “Plans”);

(2) The latest edition of the "City of Orange Standard Plans and Specifications" (the “Orange Book”) with the term "Engineer," as used in the Orange Book and in this Contract, to specifically include the City Engineer (or designee);

(3) The "Standard Specifications for Public Works Construction ” (the “Greenbook”), and all amendments thereto, except the definition of “Subcontractor” in Section 1.2 (General – Terms and Definitions) of Part 1 (General Provisions) of the Greenbook, which is hereby amended in its entirety to read as follows: “Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor for the performance of a part of the Work;”

(4) The Compliance Documents attached as Attachment No. 1 and incorporated herein by this reference; and

(5) The Labor Relations Forms attached as Attachment No. 2 and incorporated herein by this reference; and

(6) The “City of Orange Standard Special Provisions;”

(7) The Standard Plans; and

(8) The Federal Special Provisions and Requirements attached as Attachment No. 5 and incorporated herein by this reference; and

194
2 (9) The Federal Prevailing Wage Rates attached as Attachment No. 6 and incorporated herein by this reference; and

(10) Contractor’s Bid Proposal , which is on file with City’s Department of Public Works.

b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book, Greenbook and City of Orange Standard Special Provisions and Standard Plans are on file with City’s Public Works Director and are hereby specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges that it has read, reviewed and understands the Plans, the Orange Book, the Greenbook, the Special Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of which documents shall be referred to herein collectively as the “Plans and Specifications.”

c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal Code which requires, among other things, that Contractor utilize City’s exclusive solid waste hauler for the rental of bins for trash and debris removal and imposes mandatory recycling requirements for self-hauled construction and demolition waste. The terms and conditions set forth in this Contract shall control over any terms and conditions in the Plans and Specifications to the contrary.

d. The Work shall be performed in conformity with the Plans and Specifications and the Bid Proposal and all applicable laws, including any and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment.

e. Unless and until otherwise notified in writing by City’s Public Works Director, City’s Principal Civil Engineer, Randy Nguyen (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City’s Public Works Director may designate from time to time, that Contractor shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Public Works Director.

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

g. Contractor agrees that it has an obligation to reset all permanent survey markers as stated in the Orange Book, Part 4, Section 400-2, “Permanent Survey Markers ,” and obtain the approval for pre- and post-construction centerline tie sheets and Corner Records from the County 195
3 of Orange and deliver said approved documents to City as soon as they are received. This obligation extends to any of its subcontractors that have performed work in this regard. This subsection survives completion of the Work, the Notice of Completion, and final payment and shall be an enforceable obligation until fulfilled.

ARTICLE 2
Commencement of Work

Contractor shall commence the Work provided for in this Contract within fifteen (15) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within THIRTY (30) calendar days from such date, unless legal extension is granted in accordance with the terms set forth in the Greenbook. Time is of the essence in this Contract.

Contractor shall do all things necessary and incidental to the prosecution of Contractor's Work.

ARTICLE 3
Compensation

a. Contractor agrees to receive and accept an amount not to exceed SEVENTY- EIGHT THOUSAND SEVEN HUNDRED DOLLARS and 00/100 ($ 78,700.00), unless said amount is amended by Contract Change Order approved by the City as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence o f the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.

b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of SEVEN THOUSAND EIGHT HUNDRED SEVENTY DOLLARS and 00/100 ($ 7,870.00) has been added to the total compensation of this Contract. The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney . The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted 196
4 to and approved by the Authorized City Representative prior to the commencement of such Work or services.

c. The total amount of compensation under this Contract, including contingencies, shall not exceed EIGHTY-SIX THOUSAND FIVE HUNDRED SEVENTY DOLLARS and 00/100 ($86,570.00).

ARTICLE 4
Licenses

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

ARTICLE 5
Guarantees

a. Contractor guarantees the construction and installation of all Work included in the Plans and Specifications for which Contractor has been awarded this Contract.

b. Should any of the materials or equipment installed pursuant to this Contract prove defective or should the Work as a whole prove defective, due to faulty equipment, workmanship, materials furnished or methods of installations, or should said Work or any p art thereof fail to function properly, as designed, due to any of the above causes within twelve (12) months after the date on which said Work is accepted by City, Contractor shall make repairs and furnish such materials and equipment as are necessary to be furnished and installed within fifteen (15) calendar days after the receipt of a demand from City.

c. Said Work will be deemed defective within the meaning of this guarantee in the event that it fails to function as originally intended either by the Plans and Specifications of this Contract or by the manufacturer(s) of the equipment incorporated into the Work.

d. In the event repairs are not made within fifteen (15) calendar days after Contractor's receipt of a demand from City, City shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor. Contractor shall reimburse City, upon demand, for all expenses incurred in restoring said Work to the cond ition contemplated in this Contract, including the cost of any equipment or materials replaced.

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

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

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5 ARTICLE 6
Water Quality

a. The Santa Ana Regional Water Quality Control Board (“RWQCB”) has issued National Pollutant Discharge Elimination System (“NPDES”) Permit No. R8 -2009-0030 (the “Permit”), which governs storm water and non -storm water discharges resulting from municipal activities performed by City or its contractors. In order to comply with the Permit requirements, the County of Orange has prepared a Drainage Area Management Plan (“DAMP”), containing Model Maintenance Procedures with Best Management Practices (“BMPs”) that City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry -weather urban runoff, storm water runoff, and receiving water quality. Examples include: wash water from cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas.

b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the office of City’s Director of Public Works. Contractor hereby acknowledges that it has read, reviewed and understands the Permit, the DAMP and the Model Maintenance Procedures, as they relate to the Work and hereby shall perform the Work in conformance therewith.

ARTICLE 7
Independent Contractor; Contractor not Agent

a. At all times during the term of this Contract, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor’s services rendered pursuant to this Contrac t. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required f or furnishing services pursuant to this Contract. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance wit h social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long -term disability or workers' compensation insurance benefits.

b. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.

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6 ARTICLE 8
Public Work; Prevailing Wage

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

To the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor under it, shall pay not less than the specified prevailing ra tes of wages to all such workers . The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations ( www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.

b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed and understands those provisions of the Labor Code and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions.

c. Contractor shall secure the payment of compensation to its employees in accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:

“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

d. Contractor shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, and/or “increased costs” (including reasonable attorney’s fees, court and litigation costs, and fees of expert witnesses) which result or arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitat ion, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the W ork which is the subject of this Contract, Contractor shall bear all risks of payment or non -payment of state prevailing wages. “Increased costs” as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time t o time. The foregoing indemnity shall survive termination of this Contract.

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7 ARTICLE 9
Equal Employment Opportunity

During the performance of this Contract, Contractor agrees as follows:

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

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

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

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

ARTICLE 10
Conflicts of Interest

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

ARTICLE 11
Indemnity

Contractor shall defend, indemnify and hold harmless City and its officers, officials, agents, and employees from and against:

a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and court costs) which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which shal l occur on or adjacent to the real property which is the subject of this Contract, or in connection with performance of this Contract which may be directly or indirectly caused by the acts or omissions 200
8 of Contractor or its officers, employees, contractors or agents, or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents, and employees. The foregoing indemnity shall survive termination of this Contract.

b. Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s Work under this Contract, including any and all claims under any law pertaining to Contractor’s status as an independent contractor.

ARTICLE 12
Insurance

a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Contract.

b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.

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

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

(3) Workers’ Compensation as required by the State of California.

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

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

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

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

(1) City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability arising out of Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such Work or operations. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall apply to City as an additional insured.

(2) For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance with respect to City, its officers, officials, agents and employees. Any insurance or self-insurance maintained by City, its officers, officials, agents and employees shall be excess of Contractor’s insurance and shall not contribute with it.

(3) Coverage shall not be canceled, except after thirty (30) days’ prior written notice has been provided to City.

f. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Article 12. The endorsements shall be on forms acceptable to City. All certificates and endorsements are to be received and approved by City before the Work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

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

h. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Contract unless otherwise directed by City. In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom by way of set-off from any sums owed Contractor.

i. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance t o either Contractor or City 202
10 with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all Work performed by Contractor, its employees, agents and subcontractors. Contractor shall obtain any other endorsement that may be necessary to effect this waiver of subrogation.

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

ARTICLE 13
Termination

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

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

ARTICLE 14
Maintenance and Inspection of Records

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

ARTICLE 15
Compliance with Laws

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

b. Contractor represents and warrants that it:

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

203
11 (2) Has not and will not knowingly employ any individual to perform services under this Contract who is ineligible to work in the United States or under the terms of this Contract; and

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

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

c. Contractor shall require all subcontractors and/or subconsultants to make the same representations and warranties required by this Article 15 when hired to perform services under this Contract.

d. Contractor shall, upon request of City, provide a list of all employees working under this Contract and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associ ated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract.

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

f. Contractor shall indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor’s failure to comply with said laws, rules and regulati ons in connection with the performance of this Contract.

ARTICLE 16
Governing Law and Venue

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

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12 ARTICLE 17
Integration and Amendment

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

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

ARTICLE 18
Notice

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

“CONTRACTOR” “CITY”

Gentry General Engineering, Inc City of Orange
320 W Tropicana Rancho Road 300 E. Chapman Avenue
Colton, CA 92324 Orange, CA 92866-1591

Attn: Brenton Gentry Attn: Randy Nguyen

Telephone: 909-330-1128 Telephone: 714-744-5531
E-Mail: [email protected] E-Mail: [email protected]

ARTICLE 19
Claim Resolution

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

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13 ARTICLE 20
Counterparts

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

“CITY”

CONTRACT, BONDS AND INSURANCE
APPROVED BY:

Melissa M. Crosthwaite
Senior Assistant City Attorney

CITY OF ORANGE, a municipal corporation

By:

Daniel R. Slater
Mayor of the City of Orange

ATTEST:

Pamela Coleman, City Clerk

“CONTRACTOR”

GENTRY GENERAL ENGINEERING, INC,
a California corporation

[Note: Signature of Chairman of the By:

Board, President or Vice President is Printed Name:
required] Title:

[Note: Signature of Secretary, Assistant By:

Secretary, Chief Financial Officer or Printed Name:

Assistant Treasurer is also required] Title:

√

206

Attachment No. 1

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ATTACHMENT NO. 1

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

Coverage may be evidenced by a current an d valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirem ents set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
207

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Section 1771. Payment of general prevailing rate

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

Attachment No. 1

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Attachment No. 1

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Attachment No. 1

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Section 1771.4. Additional requirements when bidding and awarding public works contracts

Attachment No. 1

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Section 1775. Penalties for violations

Attachment No. 1

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Section 1776. Payroll records; retention; inspection; redacted information; agencies entitled to receive nonredacted copies of certified records; noncompliance penalties; rules

Attachment No. 1

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Attachment No. 1

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Section 1777.5. Employment of registered apprentices; wages; standards; number; apprenticeable craft or trade; exemptions; contributions; compliance program

(a)(1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or underg o testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 215

Attachment No. 1

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Attachment No. 1

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Attachment No. 1

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Section 1813. Forfeiture for violations; contract stipulation; report of violations

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Section 1815. Overtime

Attachment No. 2

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ATTACHMENT NO. 2

CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204

Section 9204. Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process (Eff: January 1, 2017)

Attachment No. 2

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Attachment No. 2

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CITY OF ORANGE

AMENDMENT TO THE
2023-2024 ANNUAL ACTION PLAN

BACKGROUND
Each year the US Department of Housing and Urban Development (HUD) provides funding for housing and community development programs to the City of Orange, specifically Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Program funds. To receive these funds, the City must complete a report every five year called the Consolidated Plan.

The purpose of the Consolidated Plan is to identify the City of Orange’s housing and community development needs, priorities, goals, and strategies and to stipulate how funds will be allocated to housing and community development activities over the period of the Consolidated Plan, which in this case is every five years.

The City shall amend the approved Consolidated Plan and Annual Action Plans when:
 A substantial change (e.g., 20% or more) in its allocation priorities or a substantial change in the method of distribution of funds takes place; or  Carries out an activity, using funds from any program covered by the consolidated plan (including program income), not previously described in the action plan; or  Substantially change the purpose, scope, location, or beneficiaries of an activity.

The substantial change criteria utilized by the City of Orange in this case, is determined by a the addition of a new activity that was not previously considered by the Council for the use of HUD funding and in which the change would exceed:

1. 20% of the original allocations or when beneficiaries are impacted by the change; and/or

2. Carries out an activity, using funds from any program covered by the consolidated plan (including program income), not previously described in the action plan As required by Title I of the Cranston-Gonzalez National Affordable Housing Act, the City of Orange has submitted an Annual Action Plan for the 2023-2024 fiscal year. This Plans outlines the activities and expected allocation for this year. The City also has a Citizen Participation Plan which outlines procedures for citizen participation in the planning process of the Consolidated Plan and Annual Action Plan particularly to those areas to be affected by the proposed funds.
223
Second Amendment
2022-2023 Annual Action Plan

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AMENDMENT TO 2023-2024 ANNUAL ACTION PLAN
At the May 9, 2023, City Council meeting, members of the City Council approved the allocation of the HUD funds for the 2023 – 2024 fiscal year. Through the Community Development Block Grant (CDBG), the city will allocate an additional $10,000.00 of available funding that has remained unspent on the 2023-2024 ADA Wheelchair Access Ramp Project to cover the administrative and constructions costs related to the removal of eight existing wheelchair access ramps and replacing them with Americans with Disabilities Act (ADA) compliant wheelchair access ramps.

These eligible activities are allowed under the CDBG guidelines.

CITIZEN PARTICIPATION
Per the Citizen Participation Plan, the increased compensation to the 2023-2024 ADA Wheelchair Access Ramp Project does not constitute a substantial amendment to the 2023-2024 Action Plan as it is below 20% (below $18,000) of the original allocation. 224
Agenda Item
City Council
Item #: 3.10. 1/23/2024 File #: 24-0631
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
City Traffic Commission Activity Report for 2023.

2. SUMMARY
This report provides a listing of all matters reviewed and acted upon by the City Traffic Commission in the previous calendar year.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
A detailed list of all actions taken by the City Traffic Commission (CTC) is contained in the attached Activity Recap for 2023.

A total of twenty-seven action items were presented to the CTC, of which twenty-five were approved.

One item was denied and subsequently appealed to the City Council. Another was continued to a date uncertain, at the request of the proponent.

7. ATTACHMENTS
· Activity Recap 2023
City of Orange Printed on 1/17/2024Page 1 of 1
powered by Legistar™
225
Agenda Item
City Council
Item #: 3.10. 1/23/2024 File #: 24-0631
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
City Traffic Commission Activity Report for 2023.

2. SUMMARY
This report provides a listing of all matters reviewed and acted upon by the City Traffic Commission in the previous calendar year.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
A detailed list of all actions taken by the City Traffic Commission (CTC) is contained in the attached Activity Recap for 2023.

A total of twenty-seven action items were presented to the CTC, of which twenty-five were approved.

One item was denied and subsequently appealed to the City Council. Another was continued to a date uncertain, at the request of the proponent.

7. ATTACHMENTS
· Activity Recap 2023
City of Orange Printed on 1/17/2024Page 1 of 1
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2023 Activity Recap
2023 ITEM LOCATION ACTION
February 8

Two-hour parking restriction
removal
942 E. Chapman Avenue Continued
Two-Way Stop Control Culver Avenue at Greengrove Street Approved Two-Way Stop Control Everett Place at Maplewood Street Approved Permit Parking Sycamore Avenue from Rancho Santiago Boulevard to Richard Street
Approved
April 12
Loading Zone 137 E. Maple Avenue Approved
No Overnight Parking Parker Street between Collins and Struck Avenues Approved Two-Way Stop Control Orange Street at Lomita Avenue Approved Two-way Stop Control Park Street at Philo Avenue Approved Permit Parking Culver Avenue from easterly property line of 405 S. Lilac Place to Flower Street
Approved
June 14
Disabled Parking 1907 E. Palmyra Avenue Approved
Permit Parking Both sides of Grand Street south of Trenton Avenue and both sides of Trenton Avenue between Grand & Shaffer Streets Approved
Permit Parking Both sides of Del Mar Avenue from Cambridge Street to Greengrove Street and both sides of Greengrove Street from Meats Avenue to the southerly terminus
Approved
Implement “No Parking” South Side of Katella Avenue between Sacramento and Handy Streets
Denied
Two-Way Stop Control Chouteau Street and Del Mar Avenue Approved August 09
Permit Parking Palm Avenue between Wayfield Street and Park Lane; Wayfield Circle south of Palm Avenue; and Park Lane between Palm and Dana Avenues
Approved
Permit Parking Both sides of Devon Road from Palmyra to Culver Avenues Approved October 11
Disabled Parking Vicinity of 1845 E. Palmyra Avenue Approved Two-Hour Parking Restriction West side of Cypress Street south of Maple Avenu e; in front of Hilbert Museum
Approved
One-Hour Parking Restriction East side Citrus Street south of Chapman Avenue; adjacent to 940 W. Chapman Avenue
Approved
227
2023 Activity Recap
Two-Hour Parking Restriction
(School days 7a.m. - 9 a.m.)
South side of Walnut Avenue between Rancho Santiago
Boulevard and Noble Street
Approved
No Parking Zone Northeast corner of Briardale Avenue and Shattuck Place Approved Permit Parking Portions of Ryals Lane, Bob White Way and Renee Street Approved Permit Parking Lindenholz Street south of Del Mar Avenue Approved Permit Parking Both sides of Bedford Road between Culver and La Veta Avenues Approved

Permit Parking a) Mount Vernon Avenue between Wayfield Street and Le May Court; b) Park Lane between Mount Vernon and Sycamore
Avenues; c) Martha Avenue east of Park Lane; d) Sycamore Avenue between Wayfield and Highland Streets; e) Highland Street between Sycamore Avenue and south terminus
Approved
December 13
Red Curb Adjacent to the driveway that serves the Casa Ramon Apartments at 455 N. Batavia Street, on the east side of Batavia Street approximately 400 feet south of Walnut Avenue
Approved
Loading Zone North side of Sycamore Avenue adjacent to Cambridge Elementary School
Approved

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Agenda Item
City Council
Item #: 3.11. 1/23/2024 File #: 23-0810
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of temporary street closures for approved special events. Resolution No.11520.

2. SUMMARY
The closure of City streets and parking lots, and suspension of neighborhood permit parking restrictions needed to support special events, require annual City Council action. A schedule of anticipated events, along with corresponding street and parking impacts, has been developed in conjunction with event organizers, and is being submitted for approval.

3. RECOMMENDED ACTION

1. Adopt Resolution No.11520. A Resolution of the City Council of the City of Orange approving the temporary closure of sections of public streets for approved special events.

2. Approve closure of municipal parking lots and temporary suspension of neighborhood permit parking restrictions for certain events and dates occurring in Fiscal Years 2023-2024 and 2024- 2025.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community b: Deliver high quality and safe recreational, social, environmental, educational, and cultural services.

6. DISCUSSION AND BACKGROUND
The closure of City streets and parking lots, and suspension of neighborhood permit parking restrictions necessary to support special events require City Council action. Listed below for approval are special events for the upcoming year (through February 2025) that require either: Plaza closure, major street closure, parking lot closure, and/or suspension of permit parking.

Related to the above and in August 1997, the City Council adopted a process for approving special events that involve closing the Plaza and adjacent public streets. The City Council-approved criteria allow the Plaza to be closed for special events for up to twenty days per year, with no more than twelve of those being either a Friday, Saturday, or Sunday. This year’s requests include Plaza City of Orange Printed on 1/17/2024Page 1 of 5
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Item #: 3.11. 1/23/2024 File #: 23-0810
closures of eleven days total, nine of which fall on Friday, Saturday, or Sunday.

For non-City events, the event sponsor must also obtain a special event permit from the Community Development Department.

The City’s annual 3rd of July event will continue to be held at Grijalva Park in 2024.

Provided below is the schedule of anticipated special events between February 2024 and February 2025.

Plaza Closure
Closure of the Plaza, including all four spoke streets.

Chapman Avenue to be closed from Lemon Street to Grand
Street; Glassell Street to be closed from Almond Avenue to Maple Avenue.

April 21, 2024 Orange Plaza Car Show - Rotary Club of Orange Plaza Plaza Closure from 2:00 a.m. to 9:00 p.m. Temporary
Suspension of Permit Parking Restrictions Chapman
University Neighborhood Permit Parking Area A
May 4, 2024 May Parade - Chamber of Commerce
Closure, from 4:00 a.m. to 1:00 p.m., of the following: The Plaza; Chapman Avenue from Cambridge Street to Cypress
Street; Pine, Harwood, and Shaffer Streets from Maple
Avenue to Almond Avenue; Cleveland Street from Maple
Avenue to Chapman Avenue; Center Street from Chapman
Avenue to Almond Avenue; Grand Street from Maple
Avenue to Chapman Avenue; Orange Street from Maple
Avenue to Almond Avenue; Glassell Street from Maple
Avenue to Washington Avenue; Olive Street from Maple
Avenue to Almond Avenue; Lemon Street from Maple
Avenue to Almond Avenue; and Cypress Street from Maple
Avenue to Almond Avenue.

Closure of Municipal Parking Lot 12, if necessary.

August 30, 2024 through
September 1, 2024
Orange International Street Fair, Inc.

Plaza Closure from 2:00 a.m. Thursday- August 29, 2024
through 7:00 a.m. Monday - September 2, 2024 Closure of Municipal Parking Lots 1 and 2. Temporary Suspension of Permit Parking Restrictions Chapman University
Neighborhood Permit Parking Area A.

October 24-25, 2024 Treats in the Streets Autumn Festival - Community Services
Plaza southeast quadrant closure Thursday, October 24,
2024 5:00 a.m. - 11:30 p.m.; Closure of one row of parking in Municipal Parking Lot 2 behind Assistance League
(thirteen spaces) Thursday, October 24, 2024, 5:00 a.m. - Friday, October 25, 2024 12 p.m.; Temporary suspension of Chapman University Neighborhood Permit Parking Area A,
all day Thursday, October 24, 2024; Full Plaza closure
Thursday, October 24, 2024, 1:00 p.m. - 11:30 p.m.

Chapman Avenue to be closed from Lemon Street easterly
to Grand Street; Glassell Street from Almond Avenue
northerly to Maple Avenue; Temporary suspension of Permit Parking Restrictions, Around the Old Towne area, all day Thursday, October 24, 2024.

December 6-9, 2024 Tree Lighting Ceremony & Candlelight Choir Procession - Community Services
Plaza Closure, Sunday, December 8, 2024, 3:00 a.m.-11:30 p.m. Northeast quadrant of the Plaza will remain closed until 10:00 a.m., Monday, December 9, 2024; Saturday,
December 7, 2024, 5:00 a.m. - Monday, December 9, 2024, 12:00 p.m. Closure of one row of parking in Municipal Lot 2 behind Assistance League (thirteen spaces); Closure of
entire south Almond lot from Friday, December 6, 2024
6:00 a.m. - Monday December 9, 2024, 8:00 a.m. Temporary suspension of Permit Parking Restrictions Chapman
University Neighborhood Permit Parking Area A, all day
Sunday, December 8, 2024; Temporary suspension of
Permit Parking Restrictions Old Towne area, all day Sunday, December 8, 2024.

Street Closure
July 3, 2024 3rd of July Celebration - Community Services Closure of North Prospect Street from Walnut Avenue to Spring Street with local access to Cambridge Creek residents from 9:00 am - 11:00 pm Wednesday, July 3, 2024. Walnut Avenue will be closed from North Prospect Street to Grijalva Park with limited access, and North McPherson Road will be closed from East Pearl to Grijalva Park 9:00 a.m. - 11:00 p.m., Wednesday, July 3, 2024; Closure of Spring Street from Prospect Street to McPherson Road closure: Monday, July 1, 2024. 6:30 a.m.-Wednesday, July 3, 2024, 11 p.m.;
Temporary suspension of Permit Parking Restrictions within Permit Parking Areas D and G all day Wednesday, July 3, 2024.

November 11, 2024 Veterans Day Tribute - Community Services Temporary closure of Atchison Street from Chapman Avenue to Maple Avenue on Monday, November 11, 2024 from 7:00
a.m. to 2:00 p.m.

Suspend Permit Parking
January 24 & 31, 2024 Parent University Workshop Classes - Orange High School
Chapman University Neighborhood Permit Parking Area A
January 30, 2024 AVID Showcase - Orange High School
Chapman University Neighborhood Permit Parking Area A
February 7, 14, 21, & 28,
2024
Parent University Workshop Classes - Orange High
School
Chapman University Neighborhood Permit Parking Area A
February 17-19, 2024 & Antique Affair - Old Towne Orange Plaza Merchants February 15-17, 2025 Chapman University Neighborhood Permit Parking Area A March 11-13, 2024 WASC Review - Orange High School
Chapman University Neighborhood Permit Parking Area A
May 17-19, 2024 Baccalaureate & Commencement- Chapman University Chapman University Neighborhood Permit Parking Area A
June 5-6, 2024 Graduation - Orange Unified School District El Modena High School/Fred Kelly Stadium Permit Parking Areas D & G West side of McPherson Road between Spring
Street & Pearl Street. (Adjacent to Grijalva Park at Santiago Creek)
August 19-20, 2024 Student Move-In Day - Chapman University Freshman Class Student Move-In Day Chapman University
Neighborhood Permit Parking A
November 1-3, 2024 Holiday Memories- Old Towne Orange Plaza Merchants Temporary Suspension of Permit Parking Restrictions
Chapman University Neighborhood Permit Parking A
Municipal Parking Lot Closure and Street Parking
Taste of Orange - Assistance League of Orange
May 5, 2024 Closure of Municipal Parking Lot 2, adjacent to 124 S Orange Street Authorization to direct attendees to Municipal Parking Lots 1,3,4,5,6,7,8,9,11,12, and 13 Dedicated on- street parking east and west side of South Orange Street (Adjacent to Municipal Lot 2 for Taste of Orange vendors only) 12:00 p.m. to 8:00 p.m.

Dedicated On-Street Parking
Boutique Noel - Assistance League of Orange
October 6-12, 2024 West side of South Orange Street adjacent to Municipal Parking Lot 2 (for Boutique Noel vendors only) Reserve four parking stalls in the northeast corner of Parking Lot 2 City of Orange Printed on 1/17/2024Page 2 of 5
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Item #: 3.11. 1/23/2024 File #: 23-0810
Plaza Closure
Closure of the Plaza, including all four spoke streets.

Chapman Avenue to be closed from Lemon Street to Grand
Street; Glassell Street to be closed from Almond Avenue to Maple Avenue.

Closure of Municipal Parking Lot 12, if necessary.

August 30, 2024 through
September 1, 2024
Orange International Street Fair, Inc.

November 11, 2024 Veterans Day Tribute - Community Services Temporary closure of Atchison Street from Chapman Avenue to Maple Avenue on Monday, November 11, 2024 from 7:00
a.m. to 2:00 p.m.

Dedicated On-Street Parking
Boutique Noel - Assistance League of Orange
October 6-12, 2024 West side of South Orange Street adjacent to Municipal Parking Lot 2 (for Boutique Noel vendors only) Reserve four parking stalls in the northeast corner of Parking Lot 2 City of Orange Printed on 1/17/2024Page 3 of 5
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Item #: 3.11. 1/23/2024 File #: 23-0810
Plaza Closure
Closure of the Plaza, including all four spoke streets.

Chapman Avenue to be closed from Lemon Street to Grand
Street; Glassell Street to be closed from Almond Avenue to Maple Avenue.

Closure of Municipal Parking Lot 12, if necessary.

August 30, 2024 through
September 1, 2024
Orange International Street Fair, Inc.

November 11, 2024 Veterans Day Tribute - Community Services Temporary closure of Atchison Street from Chapman Avenue to Maple Avenue on Monday, November 11, 2024 from 7:00
a.m. to 2:00 p.m.

Dedicated On-Street Parking
Boutique Noel - Assistance League of Orange
October 6-12, 2024 West side of South Orange Street adjacent to Municipal Parking Lot 2 (for Boutique Noel vendors only) Reserve four parking stalls in the northeast corner of Parking Lot 2 City of Orange Printed on 1/17/2024Page 4 of 5
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Item #: 3.11. 1/23/2024 File #: 23-0810
Plaza Closure
Closure of the Plaza, including all four spoke streets.

Chapman Avenue to be closed from Lemon Street to Grand
Street; Glassell Street to be closed from Almond Avenue to Maple Avenue.

Closure of Municipal Parking Lot 12, if necessary.

August 30, 2024 through
September 1, 2024
Orange International Street Fair, Inc.

November 11, 2024 Veterans Day Tribute - Community Services Temporary closure of Atchison Street from Chapman Avenue to Maple Avenue on Monday, November 11, 2024 from 7:00
a.m. to 2:00 p.m.

7. ATTACHMENTS
· Attachment 1 - Resolution No. 11520
· Attachment 2 - Map of Municipal Parking Lots
· Attachment 3 - Map of Permit Parking Area A
· Attachment 4 - Map of Permit Parking Area D & G
· Attachment 5 - Site Sketch of South Orange Street at Assistance League Building · Attachment 6 - Letters of Request
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Agenda Item
City Council
Item #: 3.11. 1/23/2024 File #: 23-0810
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of temporary street closures for approved special events. Resolution No.11520.

3. RECOMMENDED ACTION

1. Adopt Resolution No.11520. A Resolution of the City Council of the City of Orange approving the temporary closure of sections of public streets for approved special events.

2. Approve closure of municipal parking lots and temporary suspension of neighborhood permit parking restrictions for certain events and dates occurring in Fiscal Years 2023-2024 and 2024- 2025.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community b: Deliver high quality and safe recreational, social, environmental, educational, and cultural services.

Related to the above and in August 1997, the City Council adopted a process for approving special events that involve closing the Plaza and adjacent public streets. The City Council-approved criteria allow the Plaza to be closed for special events for up to twenty days per year, with no more than twelve of those being either a Friday, Saturday, or Sunday. This year’s requests include Plaza City of Orange Printed on 1/17/2024Page 1 of 5
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Item #: 3.11. 1/23/2024 File #: 23-0810
closures of eleven days total, nine of which fall on Friday, Saturday, or Sunday.

For non-City events, the event sponsor must also obtain a special event permit from the Community Development Department.

The City’s annual 3rd of July event will continue to be held at Grijalva Park in 2024.

Provided below is the schedule of anticipated special events between February 2024 and February 2025.

Plaza Closure
Closure of the Plaza, including all four spoke streets.

Chapman Avenue to be closed from Lemon Street to Grand
Street; Glassell Street to be closed from Almond Avenue to Maple Avenue.

Closure of Municipal Parking Lot 12, if necessary.

August 30, 2024 through
September 1, 2024
Orange International Street Fair, Inc.

November 11, 2024 Veterans Day Tribute - Community Services Temporary closure of Atchison Street from Chapman Avenue to Maple Avenue on Monday, November 11, 2024 from 7:00
a.m. to 2:00 p.m.

Dedicated On-Street Parking
Boutique Noel - Assistance League of Orange
October 6-12, 2024 West side of South Orange Street adjacent to Municipal Parking Lot 2 (for Boutique Noel vendors only) Reserve four parking stalls in the northeast corner of Parking Lot 2 City of Orange Printed on 1/17/2024Page 2 of 5
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Item #: 3.11. 1/23/2024 File #: 23-0810
Plaza Closure
Closure of the Plaza, including all four spoke streets.

Chapman Avenue to be closed from Lemon Street to Grand
Street; Glassell Street to be closed from Almond Avenue to Maple Avenue.

Closure of Municipal Parking Lot 12, if necessary.

August 30, 2024 through
September 1, 2024
Orange International Street Fair, Inc.

November 11, 2024 Veterans Day Tribute - Community Services Temporary closure of Atchison Street from Chapman Avenue to Maple Avenue on Monday, November 11, 2024 from 7:00
a.m. to 2:00 p.m.

Dedicated On-Street Parking
Boutique Noel - Assistance League of Orange
October 6-12, 2024 West side of South Orange Street adjacent to Municipal Parking Lot 2 (for Boutique Noel vendors only) Reserve four parking stalls in the northeast corner of Parking Lot 2 City of Orange Printed on 1/17/2024Page 3 of 5
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Item #: 3.11. 1/23/2024 File #: 23-0810
Plaza Closure
Closure of the Plaza, including all four spoke streets.

Chapman Avenue to be closed from Lemon Street to Grand
Street; Glassell Street to be closed from Almond Avenue to Maple Avenue.

Closure of Municipal Parking Lot 12, if necessary.

August 30, 2024 through
September 1, 2024
Orange International Street Fair, Inc.

November 11, 2024 Veterans Day Tribute - Community Services Temporary closure of Atchison Street from Chapman Avenue to Maple Avenue on Monday, November 11, 2024 from 7:00
a.m. to 2:00 p.m.

Dedicated On-Street Parking
Boutique Noel - Assistance League of Orange
October 6-12, 2024 West side of South Orange Street adjacent to Municipal Parking Lot 2 (for Boutique Noel vendors only) Reserve four parking stalls in the northeast corner of Parking Lot 2 City of Orange Printed on 1/17/2024Page 4 of 5
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Item #: 3.11. 1/23/2024 File #: 23-0810
Plaza Closure
Closure of the Plaza, including all four spoke streets.

Chapman Avenue to be closed from Lemon Street to Grand
Street; Glassell Street to be closed from Almond Avenue to Maple Avenue.

Closure of Municipal Parking Lot 12, if necessary.

August 30, 2024 through
September 1, 2024
Orange International Street Fair, Inc.

November 11, 2024 Veterans Day Tribute - Community Services Temporary closure of Atchison Street from Chapman Avenue to Maple Avenue on Monday, November 11, 2024 from 7:00
a.m. to 2:00 p.m.

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE APPROVING THE

TEMPORARY CLOSURE OF SECTIONS OF

PUBLIC STREETS FOR APPROVED SPECIAL
EVENTS.

WHEREAS, Vehicle Code Section 21101(e) authorizes cities to close portions of streets for celebrations and local special events when, in the opinion of the City Council, the closure is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closure; and

WHEREAS, the City’s Community Services Department, Orange Chamber of Commerce, Orange International Street Fair, Inc., and Rotary Club of Orange Plaza have requested temporary street closures to accommodate several special events in the streets.

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

ORANGE PLAZA CAR SHOW – ROTARY CLUB OF ORANGE PLAZA:

Section I:

That Chapman Avenue be closed from Grand Street to Lemon Street and that Glassell Street be closed from Maple Avenue to Almond Avenue from 2:00 A.M. to 9:00 P.M. on Sunday, April 21, 2024.

Section II:

That before said closure shall occur, Rotary Club of Orange Plaza shall comply with all terms and conditions contained in the preapproved Agreement.

Section III:

That Rotary Club of Orange Plaza shall notify area residents and businesses of the event and temporary street closure in accordance with the conditions contained in the preapproved Agreement.

MAY PARADE – ORANGE CHAMBER OF COMMERCE:

Section I:

That Chapman Avenue be closed from Cambridge Street to Cypress Street; that Pine, Harwood, and Shaffer Streets be closed from Maple Avenue to Almond Avenue; that Cleveland Street be closed from Maple Avenue to Chapman Avenue; that Center Street be closed from Chapman Avenue to Almond Avenue; that Grand Street be closed from Maple Avenue to 239
Reso. No. 11520 2
Chapman Avenue; that Orange Street be closed from Maple Avenue to Almond Avenue; that Glassell Street be closed from Maple Avenue to Washington Avenue; that Olive Street be closed from Maple Avenue to Almond Avenue; that Lemon Street be closed from Maple Avenue to Almond Avenue; and that Cypress Street be closed from Maple Avenue to Almond Avenue from 4:00 A.M. to approximately 1:00 P.M. on Saturday, May 4, 2024.

Section II:

That before said closure shall occur Orange Chamber of Commerce shall comply with all terms and conditions contained in the preapproved Agreement.

Section III:

That Orange Chamber of Commerce shall notify area residents and businesses of the event and temporary street closure in accordance with the conditions contained in the preapproved Agreement.

3RD OF JULY CELEBRATION – CITY OF ORANGE COMMUNITY SERVICES:

Section I:

That North Prospect Street be closed from Walnut Avenue to Spring Street with local access to Cambridge Creek residents; that Walnut Avenue be closed from North Prospect Street to Grijalva Park with limited access; that Spring Street be closed from Prospect Street to McPherson Road; and that North McPherson Road be closed from Grijalva Park to East Pearl Avenue from 9:00 A.M. to 11:00 P.M. on Monday, July 3, 2024.

Section II:

That before said closure shall occur, the Community Services Department, with assistance from Orange Police and Public Works Departments, shall provide all signing, barricades, and traffic control necessary for the closure acceptable to the City.

Section III:

That the Community Services Department shall notify area businesses, residents, and Home Owners Associations (HOAs) of the event, temporary street closure, and secondary access point in accordance with the Police Department’s directions.

ORANGE INTERNATIONAL STREET FAIR, INC.:

Section I:

That Chapman Avenue be closed from Grand Street to Lemon Street and that Glassell Street be closed from Maple Avenue to Almond Avenue from 2:00 A.M. on Thursday, August 29, 2024, through 7:00 A.M. on Monday, September 2, 2024.

240
Reso. No. 11520 3
Section II:

That before said closure shall occur, Orange International Street Fair, Inc. shall comply with all terms and conditions contained in the preapproved Agreement.

Section III:

That Orange International Street Fair, Inc. shall notify area residents and businesses of the event and temporary street closure in accordance with the conditions contained in the preapproved Agreement.

TREATS IN THE STREETS AUTUMN FESTIVAL – CITY OF ORANGE COMMUNITY SERVICES:

Section I:

That the southeast quadrant of the Plaza be closed from 5:00 A.M. to 11:30 P.M. on Thursday, October 24, 2024.

Section II:

That Chapman Avenue be closed from Grand Street to Lemon Street, and that Glassell Street be closed from Maple Avenue to Almond Avenue from 1:00 P.M. to 11:30 P.M. on Thursday, October 24, 2024.

Section III:

Section IV:

That the Community Services Department shall notify area residents, businesses, and OCTA of the event and temporary street closure and parking removal in accordance with the Police Department’s directions.

VETERANS TRIBUTE – CITY OF ORANGE COMMUNITY SERVICES:

Section I:

That Atchison Street be closed from Maple Avenue to Chapman Avenue from 7:00 A.M. to 2:00 P.M. on Monday, November 11, 2024.

Section II:

That before said closure shall occur, the Community Services Department, with assistance 241
Reso. No. 11520 4
from Orange Police and Public Works Departments, shall provide all signing, barricades and traffic control necessary for the closure acceptable to the City.

Section III:

That the Community Services Department shall notify Streamliner Lounge and OCTA of the event and temporary street closure and parking removal in accordance with the Police Department’s directions.

TREE LIGHTING CEREMONY & CANDLELIGHT PROCESSION – CITY OF ORANGE COMMUNITY SERVICES:

Section I:

That the northeast quadrant of the Plaza be closed from 3:00 A.M. Sunday, December 8, 2024, until 10:00 A.M. on Monday, December 9, 2024.

Section II:

That Chapman Avenue be closed from Grant Street to Lemon Street and that Glassell Street be closed from Maple Avenue to Almond Avenue from 3:00 A.M. to 11:30 P.M., Sunday, December 8, 2024.

Section III:

That before said closure shall occur, the Community Services Department with assistance from Orange Police and Public Works Departments shall provide all signing, barricades, and traffic control necessary for the closure acceptable to the City.

Section IV:

ADOPTED this ____ day of ____________________, 2024

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange
242
Reso. No. 11520 5

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
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Agenda Item
City Council
Item #: 3.12. 1/23/2024 File #: 23-0630
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 Orange City Firefighters, Inc.

Local 2384 of the International Association of Fire Fighters, AFL-CIO. Resolution No. 11521.

2. SUMMARY
Resolution 11521 establishes the Memorandum of Understanding between the City of Orange and the Orange City Firefighters, Inc. Local 2384 of the International Association of Fire Fighters AFL- CIO, incorporating the previously agreed to Letter of Understanding.

3. RECOMMENDED ACTION
Adopt Resolution No. 11521. A Resolution of the City Council of the City of Orange repealing Resolution No. 11274 and all amendments thereto and approving the Memorandum of Understanding between the City of Orange and the Orange City Firefighters, Inc. Local 2384 of the International Association of Fire Fighters AFL-CIO 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 June 27, 2023 meeting, by adopting a Letter of Understanding between the City and the Orange City Firefighters, Inc. Local 2384 of the International Association of Fire Fighters AFL -CIO, 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 Orange City Firefighters, Inc. Local 2384 of the International Association of Fire Fighters, AFL-CIO met and conferred on matters of concern to the City and employees in the Union.

Contract negotiations concluded in June of 2023 when the City and the Association agreed on City of Orange Printed on 1/17/2024Page 1 of 2
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259
Item #: 3.12. 1/23/2024 File #: 23-0630
Contract negotiations concluded in June 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, through June 30, 2026.

This new successor Memorandum of Understanding contains language changes only, and incorporates all the economic provisions previously adopted by Council at their June 27, 2023 Council Meeting.

7. ATTACHMENTS
· Resolution No. 11521
City of Orange Printed on 1/17/2024Page 2 of 2
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260
Agenda Item
City Council
Item #: 3.12. 1/23/2024 File #: 23-0630
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 Orange City Firefighters, Inc.

Local 2384 of the International Association of Fire Fighters, AFL-CIO. Resolution No. 11521.

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 June of 2023 when the City and the Association agreed on City of Orange Printed on 1/17/2024Page 1 of 2
powered by Legistar™
261
Item #: 3.12. 1/23/2024 File #: 23-0630
Contract negotiations concluded in June 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, through June 30, 2026.

This new successor Memorandum of Understanding contains language changes only, and incorporates all the economic provisions previously adopted by Council at their June 27, 2023 Council Meeting.

7. ATTACHMENTS
· Resolution No. 11521
City of Orange Printed on 1/17/2024Page 2 of 2
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262

RESOLUTION NO. 11521

A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE REPEALING RESOLUTION NO. 11274

AND ALL AMENDMENTS THERETO APPROVING THE

MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF ORANGE AND THE ORANGE CITY
FIREFIGHTERS, INC. LOCAL 2384 OF THE

INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS,

AFL-CIO 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 Orange City Firefighters, Inc. Local 2384 of the International Association of Fire Fighters, AFL-CIO, hereinafter referred to as "Union", collectively the “Parties”, have met and conferred in accordance with the 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. 11274 and all amendments thereto for said employees, as set forth in the Memorandum of Understanding, hereinafter referred to as “MOU”; and

WHEREAS, on June 27, 2023, the City Council of the City of Orange adopted Resolution No. 11477, 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 fully set forth herein.

ADOPTED this ____ day of ____________________, 2024

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange
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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
Attachment: Exhibit B
Attachment: Exhibit C

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Exhibit A

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF ORANGE AND THE

ORANGE CITY FIREFIGHTERS, INC.

LOCAL 2384 INTERNATIONAL ASSOCIATION

OF FIRE FIGHTERS, AFL-CIO

JULY 1, 2023 THROUGH JUNE 30, 2026

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TABLE OF CONTENTS

Article No. Article Title Page No.

I Recognition of Union 1
II Non-Discrimination 1
III Salaries 2
IV Work Week and Work Schedule 8
V Overtime Call Back Pay and Shift Exchange 9
VI Health Benefits 12
VII Educational Assistance, Professional Development, and Incentives 15 VIII Uniforms 16
IX Holidays 17
X Vacation 18
XI Other Leaves of Absence 19
XII Retirement 25
XIII Travel and Business Expense Reimbursement 27
XIV Safety Standards 27
XV No Strike – No Lockout 29
XVI City Management Rights and Responsibilities 29
XVII Discipline and Discharge – Rules and Regulations 31 266

ii
XVIII Paycheck Information 32
XIX Residency Requirement 33
XX Union Representation 33
XXI Grievance and Arbitration Procedures 34
XXII Scope and Application of Memorandum of Understanding 36 XXIII Term of Memorandum of Understanding 37
XXIV Ratification and Execution 38
Appendix A Vacation Benefits – Schedule 1 39
Appendix A Vacation Benefits – Schedule 2 40
Appendix A Vacation Benefits – Schedule 3 41
Appendix A Vacation Benefits – Schedule 4 42
Exhibit A Monthly Salary Ranges 43
Exhibit B Operations Staffing Policy 44
Exhibit C Operational Assignment Bid Policy 58 267

1 ARTICLE I

RECOGNITION OF UNION

SECTION 1. Pursuant to the provisions of the Employer-Employee Relations Resolution No. 3611 of the City of Orange, 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 Orange City Fire Fighters, Inc. Local 2384 of the International Association of Fire Fighters, AFL-CIO, hereinafter referred to as "Union", as the majority representative of the Unit of Representation comprised of employee classifications listed within Exhibit A. As majority representative, the Union 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 Union.

The City and the Union have reached an 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 Union 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 Union 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 servic es (as defined by the Uniformed Services Employment and Reemployment Rights Act of 1994) or any other lawfully protected class. The City and the Union 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.

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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 as listed in Exhibit A. The salary ranges shall be identified by number, and the steps by the letters A to E.

Effective June 18, 2023 and June 30, 2024, a base salary increase of 5.0% shall be granted for employees covered by this MOU. Effective June 29, 2025, a base salary increase of 2.0% shall be granted for employees covered by this MOU.

SECTION 3. HOURLY RATE.

A. Suppression Employees. For all employees who have a weekly work schedule of

55.9 hours, the equivalent hourly rate of pay shall be the monthly rate times twelve (12) divided by 2,906 annual hours.

B. All Other Employees. For all employees who have a regular weekly work schedule of forty (40) hours, the equivalent hourly rate of pay shall be the monthly rate times twelve (12) divided by 2,080 annual hours.

SECTION 4. BEGINNING RATES. New employees 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 Fire Chief under whom the employee will serve, and with authorization of the Human Resources Director, such employee may be placed at a higher step, 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) calendar days by reason of resignation or discharge, except forced layoff, eliminates the accumulated length of service time of such employee for the purpose of this MOU. Such employee re -entering the service of the City shall be considered as a new employee, except that such employee may be re-employed within one (1) calendar 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.

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3 SECTION 6. ADVANCEMENT WITHIN SALARY RANGE. The following regulations shall govern salary advancement:

A. Merit Advancement. An employee shall be considered for advancement through the salary range in yearly increments. Advancement through the salary range based on merit shall be granted when an employee demonstrates ability and proficiency in the performance of the employee’s duties. A merit advancement shall become effective the first pay period following the completion of the length of service required for such advancement. Such merit advancement shall require the following:

The Fire Chief shall file with the Human Resources Director a Personnel Action Form and a completed Performance Evaluation Form recommending the granting or denial of the merit increase and supporting such recommendation with specific reasons. If denied by the Human Resources Director, the reason for denial will be provided to the Fire Chief.

B. Special Merit Advancement. When an employee demonstrates exceptional ability and proficiency in the performance of duties, the Fire 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 Fire Chief's recommendation, approve and effect such special merit advancement.

C. Length of Service Required After a Merit Advancement is Denied. When an employee is not approved for a merit advancement to the higher salary step, the employee may be reconsidered for such advancement at any subsequent time. This reconsideration shall follow the same steps and shall be subject to the same action as provided in Section 6, Subsection A.

SECTION 7. WORKING OUT OF CLASS.

A. Suppression employees working out of classification into a higher-ranking classification of Battalion Chief, Fire Captain, or Fire Engineer shall receive a five percent (5.0%) pay differential for all hours worked in the higher classification, if they are assigned to work in the higher job classification for a period of twelve (12) consecutive hours [one-half (½) of one (1) work shift] or longer.

B. Suppression employees w orking out of class ification into a lower -ranking classification shall only be permitted under emergency situations (as defined in Article V, Section 5, Subsection A), or prior to any mandated overtime (i.e., a draft).

Suppression employees shall be asked to backfill unfilled positions on the daily roster on an overtime basis through the departmental timekeeping system if no employee is signed up on the voluntary call back list for the classifications of Fire Engineer and/or Firefighter, as appropriate for that shift. These employees shall have the sole discretion to accept or decline the request. The Fire Department will 270

4 maintain a daily secondary list of volunteers who will accept a work down assignment into a lower suppression rank, for which the member is qualified.

Preference for daily backfill assignments shall be based on accumulated hours (i.e., the member with the least hours signed up for that date of the backfill assignment shall be given the work down overtime). Scenarios not addressed in the MOU should be handled using the Department Staffing Policy.

Suppression employees who accept the work down assignment shall be compensated for all such time worked in that capacity at the rate of one and one-half (1½) times the regular rate of pay of the top step of the classification of the backfilled position.

When working out of classification, no compensatory time off may be earned in lieu of pay.

SECTION 8. PROBATIONARY PERIOD AND PROMOTION.

A. Probationary Period for New Employees. The probationary period for new employees shall be one (1) year [twenty-six (26) pay periods] from date of hire. The purpose of this probationary period is to allow the employee to demonstrate suitability for the job. For good cause, with the approval of the Human Resources Director and concurrence of the Union, the Fire Chief may extend such probationary period. The employee involved shall receive a copy of notices related to extension of a probationary period.

B. Probationary Period for Promoted Employees. An employee who is promoted to a classification shall serve a probationary period during which the employee shall have an opportunity to demonstrate suitability for the job. For safety employees, the probationary period shall be one (1) year [twenty-six (26) pay periods ] from the promotion, or date of hire for lateral appointments. For good cause, with the approval of the Human Resources Director and concurrence of the Union and the employee, the Fire Chief may extend such probationary period up to an additional thirteen (13) pay periods. The employee shall attain regular status in the classification upon successful completion of the probationary period. An employee who does not satisfy the standards of the cl assification during the probationary period shall be notified, in writing. Such notice shall include the reasons for such action. If regular status in the classification is not achieved, such employee shall be demoted to the appropriate step in the employee’s former classification.

C. Probationary Period for Temporarily Promoted Employees. Employees who are temporarily promoted and serve in the position for a period of twenty -six (26) consecutive pay periods shall be deemed to be promoted and to have fulfilled their probationary period for that promotion. Time served by an employee in an acting capacity shall count towards the probationary period, if said employee is formally promoted.

D. Salary for Promoted Employees. When an employee is promoted to a position in a higher classification, the employee may be assigned to Step A in the appropriate 271

5 range for the higher classification; provided, however, that if such employee is already being paid at a rate equal to or higher than Step A, the employee may be placed in that appropriate salary range as will grant the employee an increase of at least one (1) salary step. At the discretion of the Fire Chief and the Human Resources Director, except for those positions that are paid at a flat rate, an employee may be granted a salary step increase of up to three (3) salary steps upon promotion.

E. Rate of Pay.

1. For purposes of this section only, “Rate of Pay” is defined as base salary plus assignment pays (including premiums triggered by assignment pays).

2. The Rate of Pay for an employee upon and after promotion to a higher classification shall not be less than the employee’s Rate of Pay immediately prior to the promotion. This will be achieved by establishing a Minimum Rate of Pay for the promoted employee . This “Minimum Rate of Pay” is defined as the employee’s base salary plus assignment pays (including premiums triggered by assignment pays) immediately prior to the employee’s promotion.

3. If an employee’s Rate of Pay upon or after promotion drops below the employee’s established Minimum Rate of Pay, a Y -Rated Differential shall be applied. The amount of an employee’s Y-Rated Differential, if applicable, shall be the difference between the employee’s Rate of Pay upon or after promotion and the employee’s established Minimum Rate of Pay. The Y-Rated Differential is not pensionable compensation.

4. An employee’s Minimum Rate of Pay will be altered by a subsequent promotion.

5. An employee’s Minimum Rate of Pay may be altered in situations involving personnel actions as a result of discipline.

SECTION 9. DEMOTION. If, pursuant to the provisions of this MOU, an employee is demoted to a position in a lower classification, the new salary rate must be at the top step of the salary range for the classification to which demoted.

SECTION 10. PARAMEDICS.

A. Paramedic Assignment Pay. Fire Captains, Fire Engineers, and Firefighters assigned as Paramedics shall receive, in addition to their base salary, fourteen percent (14.0%) per month to be computed based on Top Step Firefighter. This form of pay, also referred to as “Paramedic Pay”, shall be reported to California Public Employees’ Retirement System ( CalPERS) as special compensation, and is there fore compensation earnable for Classic M embers pursuant to CalPERS Regulations, Section 571(a)(2) , an d pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(a)(2).

272

6 B. Recertification Pay. Fire Captains, Fire Engineers , and Firefighters assigned as Paramedics shall receive, in addition to their base salary, $50.00 per month upon the first recertification , and an additional $50 .00 per month upon each subsequent recertification, up to a maximum of four (4) recertifications. This form of pay, also referred to as “Recertification Bonus”, shall be reported to CalPERS 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(a)(2).

C. Paramedic Training Pay. The City agrees to provide a compensation plan for employees attending Paramedic training which will provide the student Paramedic a five percent (5 .0%) bonus, in addition to their base salary, upon successful completion of the final examination prior to the start of the field internship. This form of pay , also referred to as “Educational 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(a)(2).

SECTION 11. ASSIGNMENT PAYS.

A. Fire Captains assigned to perform the Fire Administrative Captain, Fire Prevention Captain, and Fire Training Captain functions shall receive fifteen percent (15 .0%) above the Fire Captain's pay. This form of pay , also referred to as “Fire Staff 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(a)(3).

B. Fire Safety Specialis ts assigned to perform the Plan Examiner function s or the Hazardous Materials Specialist function s shall receive ten percent (10 .0%) above their base pay. The ten percent (10.0%) assignment pay does not apply to the Plan Examiner classification. This form of pay , also referred to as “Fire Inspector 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(a)(3).

SECTION 12. BILINGUAL PREMIUM. Employees covered by this MOU may be assigned by the Fire Chief, with approval of the Human Resources Director, to a bilingual assignment.

The Fire Chief shall determine the number of bilingual assignment positions which are necessary based upon a demonstrable need and frequency of use. Employees on bilingual assignment shall receive $140.00 per month for the duration of the assignment. Employees receiving bilingual assignment compensation may be required to take and pass a proficiency test on an annual or as needed basis , as determined by the Human Resources Department. No permanency or seniority may be obtained in a bilingual assignment and such assignment may 273

7 be revoked at any time by the Fire Chief, the Human Resources Director, or a duly authorized designee. No employee shall be required to perform a Bilingual Assignment on a regular basis or employ bilingual skills on a regular basis who is not receiving bilingual pay pursuant to this Section. This form of pay, also referred to as “Bilingual 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 and pursuant to CalPERS Regulations, Section 571.1(a)(3).

SECTION 13. EMT RESCUE TRANSPORT PREMIUM. Firefighters assigned to rescue/transport shall receive three percent (3.0%) of Top Step Firefighter per month during the period of such assignment. EMT-Ps are not eligible for this bonus. This form of pay , also referred to as “Emergency Medical Technician 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 CalPERS Regulations, Section 571.1(a)(2).

SECTION 14. CRIME SCENE INVESTIGATOR PREMIUM. The Fire Inspector/Investigator assigned to perform duties as Crime Scene Investigator shall receive $250.00 per month during the period of such assignment. The Fire Inspector/Investigator may be assigned at the discretion of the Fire Chief or duly authorized designee. This form of pay , also referred to as “Crime Scene 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(a)(3).

SECTION 1 5. TRAINING COMPANY PREMIUM. Employees assigned to the Training Company Engine, Squad, and Truck shall receive 2.5% of Top Step Firefighter per month for the period of such assignment. Employees receiving the Urban Search and Rescue (USAR) Assignment Bonus will not be eligible for Training Company Bonus. 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(a)(3).

SECTION 16. URBAN SEARCH AND RESCUE (USAR) ASSIGNMENT PREMIUM.

Employees assigned to the USAR Company shall receive four percent (4.0%) of Top Step Firefighter for the period of such assignment. This form of pay , also referred to “ Hazard 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(a)(3).

REST OF PAGE LEFT INTENTIONALLY BLANK.

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8 SECTION 17. LONGEVITY. Effective June 30, 2024, employees shall be eligible to receive a monthly Longevity pay according to the table below.

Employee
Designation
15 Years of
Service
20 Years of
Service
25 Years of
Service
Sworn $100.00 $200.00 $300.00
Non-Sworn $50.00 $100.00 $150.00

For the purpose of this benefit, Years of service will be defined as the total number of full-time years of service with the City of Orange. The Fire Chief and Human Resources Director shall determine service eligibility. Employees shall be responsible for notifying the Fire Department of their potential eligibility for Longevity Pay at each tier. The effective date of this benefit is the start of the pay period following eligibility confirmation . This benefit cannot be paid retroactively.

This form of compensation, also referred to as “Longevity Pay”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(1), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(1).

ARTICLE IV

WORK WEEK AND WORK SCHEDULE

SECTION 1. SUPPRESSION EMPLOYEES. Fire suppression employees will work an average work week of 55.9 hours.

SECTION 2. ALL OTHER EMPLOYEES. The regular work week for all other employees shall consist of forty ( 40) hours [five (5) consecutive eight (8) hour days , or, four (4) ten consecutive (10) hour days ] or a 9/80 work schedule. Meal periods will be considered time worked as provided by the Fair Labor Standards Act ( FLSA) for safety employees on a 4/10 work schedule.

SECTION 3. Fire suppression employees shall be assigned to a 48/96 work schedule. The 48/96 work schedule consisting of three (3) Shifts (A, B, and C) scheduled to work two (2) consecutive twenty-four (24) hour shifts commencing at 0700, followed by four (4) consecutive twenty-four (24) hour shifts off.

SECTION 4. The work cycle for fire suppression employees will be eight (8) days within a twenty-four (24) day FLSA work period.

SECTION 5. STAFFING POLICY. The City and the Union shall follow the Staffing Policies, contained in Lexipol 215 Operations Staffing Policy and 1013 Operational Assignment Bid Policy, copies of which are attached hereto as Exhibits B and C. 275

9 ARTICLE V

OVERTIME CALL BACK PAY AND SHIFT EXCHANGE

SECTION 1. COMPENSATORY OVERTIME. Compensatory time shall be paid as follows:

A. For fire suppression employees who work an average work week of 55.9 hours, compensatory time shall accumulate at the premium rate of one and one -half (1.5) hours of compensatory time for each one (1) hour of overtime actually worked in excess of the employee's regularly scheduled working hours for a work period.

B. For employees who work an average work week of forty (40) hours, compensatory time shall be accumulated at the premium rate of one and one -half (1.5) hours of compensatory time for each one (1) hour of overtime actually worked during the employee's regular work week.

C. Only time actually worked shall count in the computation of overtime at the premium rate (time and one -half), except for call back in accordance with Section 7 of this Article.

D. Compensatory time for overtime will be accumulated in one -quarter ( 0.25) hour increments. Where an employee works less than one-quarter (0.25) hour of overtime per day, the employee shall not receive compensatory time for overtime of less than one-quarter ( 0.25) hour. In order to be entitled to compensatory time, such compensatory time must be authorized by the Fire Chief. Accumulated compensatory time not taken in the calendar year in which it was earned may be carried over to the next year in accordance with Section 3 , Subsection B , of this Article.

E. Suppression employees shall have the opportunity to accrue compensatory time for time worked in the following manner: if the employee works a twenty-four (24) hour overtime shift, the employee may elect to receive up to a maximum of twenty-four (24) hours of compensatory time and twelve (12) hours of FLSA premium pay.

F. At the sole discretion of the Fire Chief, suppression employees who work an average work week of 55.9 hours may be granted exemption from voluntary and involuntary ("draft") overtime due to extenuating circumstances. The exemption period granted will typically be for six (6) months but can be extended or shortened at the sole discretion of the Fire Chief, or duly authorized designee, due to extenuating circumstances. Exempt employees must exempt themselves from both voluntary and involuntary ("draft") overtime, not just one or the other.

SECTION 2. PAYMENT UPON SEPARATION. Employees shall receive payment for all accumulated compensatory time upon their separation.

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10 SECTION 3. USAGE OF COMPENSATORY TIME PREVIOUSLY EARNED.

A. Compensatory time may be taken by an employee upon appropriate entry in the departmental timekeeping system or prior approval of the Fire Chief , or duly authorized designee, in accordance with the Department Staffing Policy. In any instance involving the use of a fraction of a day's compensatory time, the minimum charge to the employee's compensatory time account shall be one -quarter ( 0.25) hour.

B. Accrual of non -FLSA compensatory time shall be capped at ninety-six (96) hours for all employees.

1. Upon promotion, all existing compensatory time hours shall be paid to the employee at the pay rate prior to promotion.

2. Unused compensatory time may be converted to pay at any time upon request of the employee.

SECTION 4. OVERTIME (PAID OVERTIME). Compensatory time shall be paid at the regular rate of pay or equal time off, when authorized by the Fire Chief. Overtime shall be paid in accordance with the existing requirements of the Fair Labor Standards Act (FLSA). All premium overtime hours worked by covered (non-exempt) employees [either regular forty (40) hour work week , or, twenty-four ( 24) hour day/5 5.9-hour suppression work week ] shall be compensated at one and one-half (1.5) the employee’s regular rate of pay. Half -time overtime (premium pay) shall be calculated on a twenty-four (24) day FLSA cycle and will be received during the pay period following the end of the twenty-four (24) day cycle in which it is worked.

Regularly scheduled hours worked, minus leave time taken, plus overtime worked, determines actual hours worked. Employees are entitled to premium pay (half-time) on actual hours worked in excess of 182 hours during the twenty-four (24) day FLSA cycle. This form of pay, also referred to as “Fair Labor Standards Act”, shall be reported to CalPERS as special compensation, and is compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(5), and pensionable compensation for New Members pursuant to CalPERS Regulations, for Section 571.1(a)(4).

SECTION 5. Nothing herein is intended to limit or restrict the authority of the City to require any employee to perform overtime work pursuant to the Department Staffing Policy. Such procedure may be changed pursuant to agreement between the Union and the City. Except in emergency situations , as defined in Subsection A below, all overtime coverage (sick leave, vacation, etc.) will be on a rank -for-rank basis for the ranks of Fire fighter, Fire Engineer, and Fire Captain.

A. An emergency shall be defined as an event such as a major emergency, unusual occurrence, or extraordinary displacement of manpower and equipment, that the Fire Chief, or duly authorized designee, has determined to constitute a call back of a significant portion or all suppression employees.

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11 B. On a case-by-case basis, as determined at the sole discretion of the Fire Chief, an employee may elect to declare exempt ion from “forced hiring” (also known as the “draft”) on an overtime basis for a period of six (6) months on the condition that the employee agrees not to be eligible to work any voluntary overtime during that time period.

SECTION 6. From time to time, the Fire Department Administration may wish to send on-duty employees to Officer's Workshops or special classes. On these occasions, the Fire Department and the Union agree to permit acting positions on a voluntary basis, not to exceed one (1) shift in duration for any one (1) platoon for any one (1) class or workshop except by mutual consent.

A. In those instances involving vacancies in the positions of Fire Engineer or Fire Captain, and there are no volunteers appearing on the over-time signup sheets, acting positions may be utilized to fill the vacated position(s).

B. Acting positions are to be chosen on a voluntary basis from active eligibility lists.

C. Utilization of acting employees will occur in lieu of "mandatory call back" (i.e., “draft”) to fill vacant positions.

SECTION 7. CALL BACK PAY.

A. When a fire suppression employee is required to report back to work after completing a normal work shift and, having left City premises and/or work locations, the fire suppression employee shall receive a minimum of three ( 3) hours of compensatory time as call back pay. Forty (40) hour employees will receive a minimum of two (2) hours as compensatory time for call back pay. Call back compensatory time shall be paid at the premium rate of time and one -half or equal time off, when authorized by the Fire Chief.

B. During time of disaster, when so proclaimed by the Mayor of the City, overtime for all fire employees shall be computed as though the fire employee worked a forty (40) hour week.

SECTION 8. SHIFT EXCHANGE.

A. Employees shall have the right to exchange shifts when the change does not interfere with the operation of the Fire Department, and upon appropriate entry in the departmental timekeeping system or prior approval of the Fire Chief , or duly authorized designee, in accordance with the Department Staffing Policy. No obligation shall accrue to the City as a result of the operation of this provision.

B. It shall be the responsibility of the employee who has agreed to work to report for duty, or, if unable to report for duty, make arrangements for a replacement. In the event the employee is unable to find a replacement, the City may hire an overtime 278

12 replacement and charge the vacation or compensatory time of the individual who was unable to report for duty.

SECTION 9. REIMBURSEMENT FROM CALIFORNIA OFFICE OF EMERGENCY SERVICES (CAL OES). The City will compensate its employees overtime in accordance with the current MOU while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre - positioned for emergency response.

ARTICLE VI

HEALTH BENEFITS

SECTION 1. HEALTH INSURANCE. The City contract s with the California Public Employees’ Retirement System ( 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 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 Inter nal Revenue Service. The following amounts include the minimum amount required under PEMHCA, which is currently $151.00 ($157.00 in 2024) per month . This contribution may be adjusted annually on January 1 st to the amount set by the CalPERS Board of Administration.

Effective Date Single 2-Party Family
Current $1,201.00 $1,795.00 $1,995.00
January 1, 2024 $1,226.00 $1,845.00 $2,070.00
January 1, 2025 $1,251.00 $1,895.00 $2,145.00
January 1, 2026 $1,276.00 $1,945.00 $2,220.00

B. Any premium amount in excess of the amounts designated in S ubsection A necessary to maintain benefits under any benefits plan selected by the employee shall be borne solely by the employee.

C. An employee cannot be enrolled in a CalPERS Health Benefits Plan if a spouse is enrolled with the City or enrolled through another agency with CalPERS Health Benefits Plans, unless the employee (or the spouse) is enrolled without being covered as a family member.

D. Waiver. An employee may choose not to 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 medical insurance (e.g., coverage under a spouse’s employer’s plan) that is 279

13 compliant with the Affordable Care Act (ACA) , as determined by the Human Resources Department. Based upon the determination that medical insurance is in full force and effect, eligible employees hired before March 29, 2020 shall receive $1,095.00 per month as a waiver amount . Eligible e mployees hired on or after March 29, 2020 who elect to waive medical insurance shall receive $400.00 per month as a waiver amount . If the employee loses eligibility (with documentation) for the Waiver , the employee shall enroll in the CalPERS Health Benefits Plan pursuant to the CalPERS Health Benefits Plan. Failure to do so within sixty (60) days shall result in the City seeking reimbursement of said contributions.

E. Retired Annuitant Contribution. The City shall contribute toward the payment of premiums under the CalPERS Health Benefits Plan to each eligible retired annuitant of CalPERS, to the extent required by law, $1 51.00 ($157.00 in 2024) per month.

This contribution may be adjusted annually on January 1st to the amount set by the CalPERS Board of Administration.

SECTION 2. UNION GROUP BENEFIT PLAN. The City shall contribute to the Union $48.00 per month per regular full -time employee toward any group benefit plan(s) selected by the Union. Included in the Union group benefit plan are the following: life and long-term disability insurance. Such plans shall be open to all bargaining unit employees and the Union shall hold the City harmless, defend, and indemnify the City for any claims regarding the administration or payment of claims under any Union sponsored plan.

SECTION 3. RETIREE MEDICAL TRUST. The City shall deduct $50.00 per pay period, per member, on a pre-tax basis, for the Union’s Post -Employment Health Plan. The City will not incur cost or liability other than providing support for employee payroll deduction and sending the deducted amount to a third party per the existing contract.

A. Acknowledgment. In accordance with the Internal Revenue Code Section 501c and a majority vote of the Orange City Firefighters, Inc. Local 2384 International Association of Fire Fighters, AFL-CIO (Union) membership City acknowledges that the Union has entered into an agre ement with the IAFF Medical Expense Reimbursement Plan of the Washington State Council of Fire Fighters Employee Benefit Trust (hereafter, the “Trust”).

B. Defined Class of Employees Receiving Contributions . Employees receiving contributions to the Trust, as set forth below, consists of all full-time employees represented by the Union.

C. Employee Contribution Amount . The City and the Union agree that the City shall withhold a mandatory contribution of $50.00 per pay period on a pre -tax basis from the pay of every employee in the Defined Class and shall transmit such contributions to the Trust pursuant to the require ments below. No employee in the Defined Class shall be permitted to opt -out of the mandatory contributions or receive any portion of the contribution in cash. 280

14 D. Remittance of Contributions . The City shall remit the above contributions directly to the Trust for the duration of the MOU effective the first full pay period occurring after approval of this agreement. Those contributions shall be remitted per pay period, in one aggregate payment, either via Automated Clearing House (ACH) transfer or wire, directly to the custodian of the Trust within 30 days of the date the payment would have been payable to the Employee.

The City hereby acknowledges receipt of the Trust Agreement governing the Trust and will comply with rules set by the Trust Office in regard to reporting and depositing the required contributions.

E. Reporting to the Trust Office. The City shall electronically submit to the Trust Office a report of contributing employees for each contribution sent to the Trust, in the format requested by the Trust, and received by the Trust Office within five (5) days of receipt of the contribution funds. The City shall also provide an initial report of information for all contributing employees, as reasonably requested by the Trust; and shall send updates to this information to the Trust Office whenever the City has notice of changes to the information.

F. The City shall not incur or be liable for any fees associated with the Trust. The City will only administer payroll deductions toward a qualifying employee benefit plan under the Internal Revenue Code. The City may cease payroll deductions toward the Trust if the City incurred a fee, anticipates incurring a fee, or believes the payroll deductions will expose the City to legal claims or liabilities; provided however, that the City shall provide advance notice to the Union of its intent to cease payroll deductions and allow the Union a reasonable opportunity to discuss and/or absorb any costs to the City. Responsibility for the maintenance and investment of the Trust funds rests solely with the Trust’s Board of Trustees.

G. The Union shall indemnify, defend, and hold harmless the City from any claim, complaint, assessment, penalty, or damages asserted by any person or entity, including any state or federal authority, arising out of Union participation in the Trust, includi ng but not limited to fines, fees, or penalties issued by state or federal taxing authority against the City due to Employee payroll deductions or compensation payouts that are directed to the Trust. Responsibility for the maintenance and investment of th e Trust funds rests solely with the Trust’s Board of Trustees.

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15 ARTICLE VII

EDUCATIONAL ASSISTANCE, PROFESSIONAL DEVELOPMENT, AND

INCENTIVES

SECTION 1. EDUCATIONAL ASSISTANCE AND PROFESSIONAL DEVELOPMENT .

The City will reimburse employees up to $ 1,500.00 per fiscal year for the cost of tuition, textbooks, and other course -related fees required for approved community college courses, university courses, and courses certified through California State Fire Training, or any sim ilar recognized agency, at the Federal, State, and Local level. Course -required equipment that is available to be borrowed from the City is not eligible for reimbursement. Additionally, the City will reimburse for the cost of registration at job-related professional conferences, seminars, and training classes. An approved course, conference, seminar, or training class is one designed to directly improve the knowledge of the employee relative to the employee’s specific job and must be approved by the Fire Chief and the Human Resources Director prior to registration.

The employee must still be employed by the City when the course or class is completed. Costs associated with travel, lodging, meals (or per diem), parking, or any other costs are not eligible for reimbursement under this Section. Proof of attendance of course, conference, seminar, or training class is required prior to reimbursement. With respect to courses where achievement grades are provided, a final grade of C or better, or a Pass in a pass/fail course, is required to be eligible for reimbursement.

SECTION 2. EDUCATIONAL INCENTIVE PROGRAM. Employees shall be eligible to receive Educational Incentive pay according to the table below. Employees who qualify for this pay shall be compensated one (1) of the following monthly amounts.

Education Level Monthly Incentive
AA/AS Degree $190.00
BA/BS Degree $375.00
MA/MS Degree $550.00

It is the responsibility of the employee to submit official transcripts to the Fire Chief’s Office indicating eligibility for this incentive program. After the documentation is reviewed and verified, the incentive will become effective the pay period following the approval of the Human Resource Director.

The following Educational Incentive pay monthly amounts shall only be available to employees hired before February 12, 2013 who qualified for these incentive levels before that date.

Education Level Monthly Incentive
60 Units $145.00
90 Units $210.00

This form of pay, also referred to as “Educational Incentive”, shall be reported to CalPERS as special compensation and is therefore compensation earnable for Classic Members pursuant to 282

16 CalPERS Regulations, Section 571(a)(2), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(a)(2).

SECTION 3. INTERNATIONAL CODE COUNCIL (ICC) INSPECTOR CERTIFICATION INCENTIVE. Non-sworn employees assigned to the Fire Prevention Bureau who become certified by the ICC and maintain a Fire Inspector I Certification, or a higher-level certification, shall receive $100.00 per month. This certification pay shall continue provided the employee maintains valid certification. This form of pay, also referred to as “Educational 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(a)(2).

SECTION 4. URBAN SEARCH AND RESCUE (USAR) CERTIFICATION INCENTIVE.

Employees who have successfully completed State Fire Marshal certified Rescue Systems I, Rescue Systems II, Confined Space Rescue, Trench Rescue, and Swift Water Rescue classes will receive a $50.00 per month certification pay. This form of pay , also referred to as “Educational Incentive”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Sectio n 571(a)(2), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(a)(2).

ARTICLE VIII

UNIFORMS

SECTION 1. The City will purchase uniforms for all uniformed employees. Total expenditures for the Fire Department shall not exceed $600.00 per calendar year per uniformed employee.

All uniforms 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). This form of pay is not pensionable compensation for New Members hired after January 1, 2013 pursuant to PEPRA.

SECTION 2. All safety equipment, including protective clothing or devices required of employees in the performance of their duties , shall be furnished by the City. All safety equipment purchased by the City shall remain the property of the City.

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17 ARTICLE IX

HOLIDAYS

SECTION 1. Employees shall receive the following ten (10) paid holidays in accordance with this Article:

1) January 1st (New Year’s Day)
2) 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 Day) 9) December 25th (Christmas Day)
10) One (1) Floating Holiday

SECTION 2.

A. Fire suppression employees who work an average work week of 55.9 hours shall receive holiday pay in lieu of holiday time off. The employee shall have the option annually to have holiday pay paid out in one of two ways: receive the holiday pay during the pay period that the holiday falls within, or, holiday hours shall be accrued and paid-off twice a year, with the pay-offs occurring in the pay period that includes Memorial Day and the pay period that includes Thanksgiving Day.

B. One (1) working day equals twelve (12) hours for suppression employees.

C. Fire employees who have a regular forty (40) hour work week shall receive ten (10) hours off with pay for such holidays.

D. As set forth in this M OU, the terms “holiday pay” or “holiday pay in lieu of time off” shall be defined as cash compensation in the same amount the affected employee would have received had the employee taken the holiday off with pay, which would include the individual’s base pay, plus premiums that qualify as special compensation as defined by the Public Employees’ Retirement Law (PERL). With the exception of the one (1) Floating Holiday, t his form of pay , also referred to as “Holiday 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)(5), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(4).

E. Any holiday compensatory time accrued in excess of 120 hours per calendar year shall be automatically paid to the employee in the pay period which includes January 1st of the following calendar year.
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18 SECTION 3. For those employees whose regular work week is forty (40) hours, in the event any of the above holidays fall on a Sunday, the following Monday will be deemed a holiday.

When any of the above holidays fall on a Saturday, the preceding Friday will be deemed a holiday. When any of the above holidays fall on an employee’s regularly scheduled day off during the week, employees will be credited with ten (10) hours of holiday compensatory time.

SECTION 4. Should an employee whose regular work week is forty (40) hours be required to work on a holiday listed in Section 1 above, the employee shall receive holiday pay and straight time pay for all hours worked on the holiday or the equivalent time off as compensatory time.

Work on a holiday must be approved by the Fire Chief. Employees shall receive no other compensation for working a holiday.

SECTION 5. Should any of the holidays listed above fall during an employee's vacation period, the employee shall receive holiday pay for such holidays, which will reduce the charge made against the employee's vacation.

SECTION 6. The floating holiday shall be taken upon appropriate entry in the departmental timekeeping system or with the approval of the Fire Chief , or duly authorized designee, according to the Department Staffing Policy.

A. Employees will be credited one (1) floating holiday as of January 1st.

B. The floating holiday hours shall be taken as time off from work no later than December 31st of the same year in which they were earned.

C. The floating holiday hours are not accumulative and shall be forfeited should they not be taken during the calendar year it was earned.

D. Employees whose employment with the City ends prior to using the floating holiday hours shall receive cash reimbursement for said floating holiday hours.

ARTICLE X

VACATION

SECTION 1. Employees accrue vacation as indicated in Appendix A.

A. SCHEDULE 1: For employees who work an average work week of 55.9 hours.

B. SCHEDULE 2: For Fire Captains who work an average work week of 55.9 hours.

C. SCHEDULE 3: For employees who work a regular work week of forty (40) hours.

D. SCHEDULE 4: For Fire Captains who work a regular work week of forty (40) hours. 285

19 SECTION 2. Vacation shall be taken by employees upon appropriate entry in the departmental timekeeping system or prior approval of the Fire Chief, or duly authorized designee, according to the Department Staffing policy.

A. Where possible, vacation should be taken annually and not accumulated from year to year.

B. Vacation not in excess of the amount earned in the immediately preceding twenty - four (24) month period may be accumulated.

C. Employees shall not accumulate vacation in excess of the amount earned in the immediately preceding twenty-four (24) month period.

SECTION 3. Employees may convert up to fifty percent (50 .0%) of their current annual vacation accrual into pay in lieu of time off with pay. Such conversion may occur once per calendar year.

SECTION 4. Employees who separate employment with the City shall be paid for accrued and unused vacation and the prorated portion of their final accrual. Prorated vacation shall be on the basis of one -twelfth (1/12) of the employee’s annual vacation pay for each full month of service.

SECTION 5. Probationary Fire fighters shall not be permitted to utilize vacation until successfully passing the probationary period. The Fire Chief shall have the discretion to allow an exception to this policy for extenuating circumstances.

ARTICLE XI

OTHER LEAVES OF ABSENCE

SECTION 1. LEAVE OF ABSENCE WITHOUT PAY. For all regular employees as described herein, the following Leave Without Pay procedure shall apply:

A. After all available and applicable leave benefits have been exhausted, an employee, not under suspension, may make written application to the Fire Chief for a leave of absence without pay. No such leave will be considered absent a written application from the employee requesting leave.

B. If the Fire Chief and the 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 allowable leave benefits.

C. No employment or fringe benefits such as sick leave, vacation, health insurance, and in some cases retirement, or any other benefits shall accrue to any employee on leave of absence without pay , except as denoted in Subsection D below and under the 286

20 City’s Family Medical Leave Act (FMLA) / California Family Rights Act (CFRA) and Pregnancy Disability Leave (PDL) policies. During such leave in excess of five (5) working days, no seniority shall be accumulated.

D. Medical, dental, vision, life, disability and other insurances may be continued during a leave of absence without pay, provided direct payment of the total premium by the employee is made through and as prescribed by the Payroll Division of the City.

The City will pay up to six (6) months of the Flexible Benefit Plan towards insurance premium contributions for employees who are on an approved long-term disability leave.

E. At the end of such leave, if the employee desires additional leave, written application must be made through the Fire Chief to the Human Resources Director at least ten (10) days before the end of the leave, stating the reasons why the additional leave is desired and why it would be in the interest of the City to grant such leave of absence.

If such additional leave is merited and would still preserve the interest of the City, the Human Resources Director may approve such extension of the leave of absence for a period up to, but not to exceed, an additional six (6) months.

F. If the employee does not return to work prior to or at the end of such leave of absence or extension of leave of absence, the employee shall be considered to have resigned from employment with the City.

G. An employee on a leave of absence without pay must give the City at least seven (7) days’ written notice of intent to return to work prior to returning to work.

H. Any employee who engages in outside employment during said leave of absence without prior notification and approval of the Human Resources Director and Fire Chief may be subject to termination.

I. Any employee who falsifies the reason for the request for said leave of absence , or extension thereof, may be terminated.

J. Employees granted such leave on the same basis for pregnancy, childbirth, adoption, and other medically related conditions shall retain seniority rights.

K. Forms setting forth the leave of absence without pay pertinent information shall be maintained for distribution in the Human Resources Department.

SECTION 2. JURY DUTY AND WITNESS SERVICE FOR THE CITY.

A. Jury Duty. When required to serve on a jury while on duty during a regular work shift (excluding overtime shifts), employees shall have paid time off for a period of actual service required on the jury , provided all jury fees paid to the employee are turned over to the City, except for automobile expenses allowed. Once an employee 287

21 has completed jury service, the employee must provide the Certificate of Jury Service to the supervisor to qualify for jury duty compensation.

B. Witness Service for the City. If an off-duty employee is called as a witness on behalf of the City, the employee shall receive overtime pay for the period of actual service required. As a condition of receiving pay while serving as a witness for the City, employees shall be required to submit to the City any witness service fees received.

C. Upon completion of Jury Duty and/or Witness Service for the City, the employee shall contact the on -duty Fire Battalion Chief , or duly authorized designee, to reconcile the remainder of the employee’s work shift.

SECTION 3. 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 State law found in applicable sections of 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 a 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 4. SICK LEAVE. Sick leave shall accrue and be charged in accordance with the following:

A. For employees who work an average work week of 55.9 hours, twelve (12) hours of sick leave will accrue for each month of continuous service.

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

C. All non-benefited employees accrue receive sick leave as required by State law.

D. For employees who work an average work week of 55.9 hours, sick leave will be charged at the rate of one (1) shift [twenty-four (24) hours] for each work shift an employee is absent.

E. For employees who work a regular work week of forty (40) hours, sick leave will be charged at the rate of one (1) day (10 hours) for each workday an employee is absent.

F. In any instance involving the use of a fraction of a day's sick leave, the minimum charged to the employee's sick leave account shall be one-quarter (0.25) hour, while additional actual absence of over one -quarter (0.25) hour shall be charged to the nearest one-half (0.5) hour.

SECTION 5. SICK LEAVE USAGE. Any employee eligible for sick leave shall be granted such leave for the following reasons:

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22 A. Personal illness or physical incapacity beyond the employee’s control resulting from causes including pregnancy, childbirth, and other medically-related conditions.

B. Medical, dental, and vision appointments during working hours, when authorized by the Fire Chief, or duly authorized designee.

C. Personal illness or injury as set forth in Section 7 of this Article.

D. 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. Family Sick Leave. Employees who work a regular work week of forty (40) hours may charge up to forty-eight (48) hours per calendar year to sick leave for reasons of illness or injury of any employee’s immediate family . Employees who work an average work week of 55.9 hour s may charge up to seventy-two ( 72) hours per calendar year to sick leave for reasons of illness or injury of an employee’s immediate family. "Immediate family" as used in this subsection is limited to any relation by blood, marriage, or adoption, who is a m ember of the employee's household, 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.

F. The Fire Chief shall be responsible for control of misuse of sick leave benefits if such absence exceeds four (4) consecutive working days for forty (40) hour work week employees or two (2) consecutive twenty-four (24) hour shifts for suppression employees. An employee may be required, as a condition for receiving sick leave pay, to furnish a certificate of illness issued by a licensed physician or nurse, or other satisfactory evidence of illness, in writing. The Fire Chief may establish a reasonable sick leave usage, monitoring, and control program to develop acceptable standards for attendance and usage and may take appropriate action when necessary.

G. The Union shall cooperate with the Fire Chief in efforts to ensure sick leave benefits are used appropriately.

H. Service Retirement. Upon retiring from City service and entering CalPERS as a retired annuitant, an employee shall receive the following payout for accrued unused sick leave:

Suppression Employees 40-Hour Employees
Sick Leave
Hours
Payout
Percentage Sick Leave
Hours
Payout
Percentage
Hours 0-720 15.0% Hours 0-600 15.0%
Hours 720.01-1,080 25.0% Hours 600.01-900 25.0%
Hours 1,080.01+ 60.0% Hours 900.01+ 60.0%

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23 I. Service Retirement Pending Industrial Disability Retirement. Following the City’s receipt of CalPERS’ determination correspondence granting an employee’s industrial disability retirement pursuant to CalPERS retirement law, all accrued and unused sick leave shall be deposited into the employee’s Post Employment Health Plan (PEHP).

J. Industrial Disability Retirement. Following the City’s receipt of CalPERS’ determination correspondence granting an employee’s industrial disability retirement pursuant to CalPERS retirement law, all accrued and unused sick leave shall be deposited into the employee’s PEHP. Or, in the alternative, at the employee’s timely written request submitted to the Fire Chief, the effective date of the employee’s retirement may be delayed by applying some or all of the employee’s remaining unused sick leave for service credit, in accordance with Publ ic Employees’ Retirement Law. In such case, any unused sick leave not applied for service credit shall be deposited into the employee’s PEHP.

K. Upon the death of an employee while employed by the City, 100% of all accrued sick leave benefits shall be paid to the beneficiary of the deceased employee.

Payment will be made when proper authorization is received from the estate of the decedent employee.

SECTION 6. BEREAVEMENT LEAVE . Employees shall be entitled to take up to the following amount of paid bereavement leave per incident under the following terms and conditions:

A. Bereavement leave may only be used upon the death, or critical illness where death appears to be imminent, of a member of the employee's immediate family. "Immediate family" is used in this MOU to include any relation by blood, marriage, or adoption, who is a member of the employee's household, under the same roof, and any parent, substitute parent, parent -in-law, spouse, registered domestic partner, child, grandparent, grandchild, brother, or sister of the employee, regardless of residence.

B. Forty (40) hour employees shall be entitled to take up to three (3) 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.

C. 55.9 hour employees shall be entitled to take up to two (2) twenty -four (24) hour shifts of paid City bereavement leave per incident. An additional three (3) shifts of leave may be taken from existing leave accruals, for a maximum of five (5) shift s total per incident.

D. An employee on bereavement leave shall inform the immediate supervisor of that fact as soon as possible. Failure to do so within a reasonable period of time may be cause for denial of bereavement leave for the period of absence. The City may require documentation as a condition of payment of bereavement leave. 290

24 SECTION 7. WORKERS’ COMPENSATION . Workers’ Compensation benefits will be provided as follows:

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

B. Non-Safety Employees. Non-safety employees shall be granted temporary disability leave in accordance with the current State of California’s Division of Workers’ Compensation Laws and regulations. When 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 for 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. Course of Employment. Should it be determined by the employee’s doctor, a doctor agreed upon 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 illness, 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.

D. Pre-Designation of Physician. 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 Division of Workers’ Compensation.

E. Fringe Benefits. An employee receiving benefits pursuant to Labor Code section 4850 or temporary disability will continue to receive the City’s contribution to the employee’s benefit premiums, such as medical plan, dental plan, and vision plan. All authorized deductions will continue as though the employee is on regular work status.

If the employee is no longer eligible to receive temporary disability benefits, the employee shall be responsible for paying the employee’s benefit premiums . Any contributions to the employee’s benefits not paid pending the determination of whether an injury/illness is job-related and compensable shall be paid retroactively if compensability is determined and accepted by the City.

F. An employee receiving temporary disability payments in accordance with the current State of California Division of Workers’ Compensation laws and regulations may use leave (including sick leave, vacation, compensatory time, etc. ) to supplement temporary disability payments to reach the amount equal to the employee’s full 291

25 regular pay until the employee’s leave balances reach zero , a t which time, the employee would no longer be able to supplement the temporary disability payments.

ARTICLE XII

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 for employees:

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 (50.0%) 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 Classic 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, on a pre-tax basis.

C. Miscellaneous Retirement Formula – New Members. Miscellaneous employees who are N ew M embers 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 subject to the three (3) year final compensation measurement period as set forth in California Government Code Section 7522.32. These New Members shall contribute fifty percent (50.0%) 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 are not defined as New Members as outlined in Section C above are defined as 292

26 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. These Classic Members are subject to the one (1) year final compensation measurement period set forth in California Government Code Section 20042. These Classic Members shall contribute eight percent (8.0%) of their compensation earnable, on a pre-tax basis.

SECTION 2. 1959 CALPERS 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: employees shall pay any portion of the employer cost that exceeds $6.00 monthly.

SECTION 3. POST-EMPLOYMENT HEALTH PLAN (PEHP). The Union agrees to participate in the PEHP for Collectively Bargained Public Employees ( hereinafter referred to as “Plan”) in accordance with the terms and conditions of the Plan’s Participation Agreement between the Union and their selected investment administrator.

The Union shall reserve the right to select the program and administrator for their post - employment health care needs. The Union will indemnify and release the City from any and all liabilities.

When an employee retires from the City, the City shall contribute the value of the employee’s leave accruals into the Insurance Premium Reimbursement Account sub -account pursuant to the terms and conditions of the Plan as follows:

A. 100% of eligible accrued sick leave;
B. 100% of eligible accrued vacation; and
C. 100% of eligible accrued other leave (i.e., holiday, comp ensatory time, etc.) as deemed eligible by the Internal Revenue Code.

The Union reserves the right to annually modify the percentage of leave amounts and/or contributions to the Plan on behalf of its members. No modification will be effective without a corresponding amendment to the Plan’s Participation Agreement by the City.

Employees who are eligible for fully paid family retiree medical benefits shall not be eligible for the Plan, and as such, upon retirement, leave amounts listed above shall be paid to the employee upon retirement. Such employees, upon submitting notice of retirement to the City, shall notify the Human Resources Department with appropriate documentation that they are eligible for fully paid family retiree medical benefits, and thus do not qualify for the Plan.

SECTION 4. DEFERRED COMPENSATION PLAN. The City shall offer Schwab Personal Choice Retirement Account (PCRA) as a Deferred Compensation Plan, with an independent advisor selection, on the condition that the City incur no cost as a result of this action.

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27 ARTICLE XIII

TRAVEL AND BUSINESS EXPENSE REIMBURSEMENT

The City has established a Travel and Business Expense Reimbursement Policy (Administrative Policy 4.13) to reimburse City employees when conducting City business, attending business or professional conferences, training seminars, or other travel for authorized City business.

Any employee who is required to travel in the performance of their duties or to attend an authorized meeting or conference or otherwise incurs expenses relating to the conduct of City business shall be reimbursed for reasonable expenses incurred for transportation, meals, lodging, and incidentals as outlined in the Administrative Policy referenced above.

Travel related to Educational and Professional Development as outlined in Article VII, Section 1, is excluded from this provision.

ARTICLE XIV

SAFETY STANDARDS

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

SECTION 2. MINIMUM STAFFING LEVEL. The daily minimum staffing level shall be thirty-five (35) sworn Fire Department employees per twenty-four (24) hour shift. In the event any additional engine, truck, paramedic, or ambulance companies are added to the complement of staffed emergency response companies, an increase to the minimum daily staffing level shall be reflected in this provision.

SECTION 3. HEALTH FITNESS STANDARDS. In an effort to improve and maintain the physical and mental wellbeing of all safety employees, and to reduce the frequency and severity of work-related injuries and illness es, the Union and the City agree to the following Health Fitness Standards:

A. Weight and Body Fat: Employees shall maintain their weight and body fat within established standards based upon their age, height, and bone structure, as established by the recognized medical authority.

B. Smoking and Vaping: As a condition of employment, employees shall refrain from smoking and/or vaping on duty. Employees will be encouraged to become , or remain, non-smokers/non-vapers and be provided with information and/or training to assist such effort, and the City may provide medical assistance as required. 294

28 C. Physical Fitness: The City shall allow and encourage employees to participate in recognized physical fitness programs while on duty before 0 900 and after 1700 which shall not conflict with the Department's ability to provide services or previously scheduled activities. The physical fitness programs presently recognized are:

1) Individual progressive conditioning programs that improve strength, stamina, and flexibility.

2) Individual cardiovascular conditioning programs that improve strength and stamina.

3) IAFF Wellness/Fitness Program.

Sporting team -type activities such as basketball, volleyball, football, baseball, hockey, or soccer are expressly prohibited.

D. Responsibilities.

1) The City shall provide optional physical exam inations that meet or exceed National Fire Protection Association recommendations for all safety employees. The results of all exams, except that which is required by law, shall be confidential between the examining physician and the employee.

2) The department shall designate a "Medical Officer" to coordinate scheduling, maintain records, and establish compliance.

3) The department shall provide the following at each fire station:
a) Exercise mats, including 3' x 6' outdoor carpet
b) Weight scale
c) Treadmill
d) Stairstep machine
e) Free-weight set with dumbbells and appropriate benches

E. The City and Union agree that no employee shall report to work under the influence of narcotics, drugs, controlled substances, alcohol , or any other substance that may impair the employee's ability to perform in a safe and efficient manner.

SECTION 4. MODIFIED LIGHT DUTY WORK PROGRAM. Work restrictions resulting from off-duty injuries may be accommodated at the discretion of the Fire Chief and Human Resources Director. Employees may, at the sole discretion of management, be required to work in a temporary modified light duty assignment, depending on the employee’s medical condition and work restrictions, while recovering from an injury or illness. The temporary modified light duty assignment will accommodate the employee’s work restrictions as indicated by a physician and depend upon the availability of temporary light duty work in the Fire Department. Such a 295

29 temporary light duty work assignment shall be for a maximum of three (3) months, which may be extended based on the employee’s health condition, the Americans with Disabilities Act, and Fair Employment and Housing Act regulations and requirements.

ARTICLE XV

NO STRIKE – NO LOCKOUT

SECTION 1. PROHIBITED UNION CONDUCT. The Union, its officers, agents, representatives, and members agree that during the term of this MOU, they will not cause or condone any strike, walkout, slowdown, or any other concerted job action by withholding or refusing to perform services. A violation of this Section by any employee shall constitute just cause for discharge pursuant to Article XVII.

SECTION 2. PROHIBITED CITY CONDUCT. The City agrees that it shall not lockout its employees during the term of this MOU. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall , or failure to return to work of the employees of the City in the exercise of its rights as set forth in any of the provisions of this MOU or applicable ordinance or law.

SECTION 3. UNION RESPONSIBILITY. In the event that the Union, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 1 of this Article, the Union shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU, and request that all such persons immediately cease engaging in prohibited conduct and return to work.

If the Union acts in good faith to meet its responsibilities as set forth above, the Union, its officers, agents, representatives, and its members shall not be liable for damages for prohibited conduct engaged in by employees who are covered by this MOU in violation of Section 1 of this Article.

SECTION 4. The City shall have the right to bring suit for damages and/or equitable relief in the Courts for breach of this Article.

ARTICLE XVI

CITY MANAGEMENT RIGHTS AND RESPONSIBILITIES

SECTION 1. The City reserves, retains, and is vested with, solely and exclusively, all rights and responsibilities of Management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights and responsibilities existed prior to the execution of this MOU. The sole and exclusive rights and responsibilities of Management, 296

30 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;

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 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 location of facilities, methods, technology, means, and size of the workforce 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, including, but not limited to, the right to contract or subcontract for any work or operation of the City;

I. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments;

J. To relieve employees from duties for lack of work, economic conditions, or similar non-disciplinary reasons subject to negotiations as required by law;

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

L. To discharge, suspend, demote, or otherwise discipline employees for just cause, subject to procedural due process pursuant to Article XVII;

M. To determine job classifications and to reclassify employees and to determine job classifications to be assigned to the Union as a result of a new operation subject to negotiations as required by law;

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

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31 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 promulgate reasonable rules and regulations to maintain order and safety in the City which are not in contravention with this MOU;

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

S. To take any and all necessary action to carry out the mission of the City in emergencies as set forth in Article XXII, Section 4.

SECTION 2. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, w henever the contemplated exercise of Management's rights shall impact a significant number of employees of the Union, the City agrees to meet and confer in good faith with representatives of the Union 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 MOU, or in Personnel Rules and Salary Resolutions and Administrative Policies, which are incorporated in this MOU. By agreeing to meet and confer with the Union as to the impact and the exercise of any of the foregoing City rights, Management’s discretion in the exercise of these rights shall not be diminished.

SECTION 3. MUTUAL RESPONSE AGREEMENTS. The City shall continue those mutual response agreements outside the City limits that are currently in effect and to subcontract and enter into agreements with other cities or agencies for the purpose of providing a multi-purpose training facility and communications centers. The City agrees to negotiate with th e Union regarding the impact of any joint training agreement or any new mutual response agreements and/or modifications to current agreements.

SECTION 4. If the City discontinues an employee’s use of a City vehicle, the City will negotiate an equivalent benefit.

ARTICLE XVII

DISCIPLINE AND DISCHARGE – RULES AND REGULATIONS

SECTION 1. The City shall have the right to discipline and discharge employees for just cause.

SECTION 2. Employees shall not be disciplined or discharged for reasons that are arbitrary, capricious, and/or discriminatory.

SECTION 3. The Union and the employee shall receive a copy of all discipline or discharge notices.
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32 SECTION 4. The City shall have the right to issue reasonable employee rules and regulations not in conflict with the express terms of this MOU, provided that such rules and regulations are:

A. Submitted to the Union prior to adoption;

B. Discussed with the Union prior to adoption, and feedback submitted by the Union is considered; and

C. Posted in conspicuous places so that employees are advised and have notice of such rules and/or regulations prior to implementation.

SECTION 5. To comply with the provisions of the Firefighters Procedural Bill of Rights (FBOR) Act, as set forth by California Government Code Section 3250 et seq., in conjunction with the provisions of this MOU, the City and the Union hereby agree as follows:

A. The City shall comply with the provisions of the FBOR as set forth in Government Code Section 3250 et seq.

B. Disciplinary actions subject to the grievance procedure set forth in Article XXI shall include discipline as defined by the FBOR. If the discipline is of a nature that entitles an employee to a hearing under the FBOR, that hearing shall be conducted in conformance therewith. The parties agree that the arbitrator selected pursuant to the procedures in Article XXI Section 6 shall act in the capacity of the hearing officer and conduct the hearing in accordance with the FBOR. 1) The Department and the Union shall endeavor to appraise each other of potential disciplinary issues and investigations as soon as appropriate. 2) Employees subject to investigatory interviews may be accompanied by a representative and /or legal counsel if requested, as long as the representative or legal counsel is reasonably available and does not cause any significant delay of the investigation.

C. Any hearing on a grievance alleging a violation of the FBOR shall be conducted in conformance with the procedure set forth in this Section.

ARTICLE XVIII

PAYCHECK INFORMATION

SECTION 1. UNION DUES DEDUCTIONS. The City shall deduct Union dues and supplemental benefit payments from employee paychecks on a bi-weekly basis. The City shall process these deductions based on the information certified to be current by the Treasurer of the 299

33 Union. The total amount of deduction shall be remitted by the City to the Union within ten (10) calendar days of each applicable payday.

SECTION 2. INDEMNIFICATION. The Union agrees to hold the City harmless and indemnify the City against any claims, causes of action , or lawsuits arising out of the deductions or transmittal of such funds to the Union, except of the intentional failure to transmit, to the Union, monies deducted from the employees pursuant to this Article, or caused by the Union's negligence. The Union shall notify the City within ten (10) calendar days of any discrepancy concerning Union dues or other payroll deductions pur suant to this Article. If the Union does not notify the City of any discrepancy within ten (10) calendar days, the City shall be relieved of any asserted discrepancy.

SECTION 3. DIRECT DEPOSIT. Employees are required to participate in the City’s direct paycheck deposit program.

ARTICLE XIX

RESIDENCY REQUIREMENT

All employees hired after June 25, 2023 shall be permanent and full-time residents of the State of California and reside no further than one hundred (100) road miles from Fire Headquarters.

This presumes that a substantial portion of that distance will be traveled at freeway speed and that employees can report to Fire 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.

ARTICLE XX

UNION REPRESENTATION

SECTION 1. Employees shall have the right to representation by the Union with respect to all matters within the scope of employee-employer relations, including procedural due process, in accordance with State law.

SECTION 2. The Union shall notify the Human Resources Director and the Fire Chief, or duly authorized designee, in writing, of the names of its authorized Union Representatives.

SECTION 3. Union representation, including the investigation and processing of grievances during working hours, shall be conducted by the Union President and/or duly authorized designee(s).

SECTION 4. The on-duty Shift Commander shall be given sufficient notice by the Union Representative(s) of such on-duty representation during normal working hours.

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34 SECTION 5. Union representation, including the processing and investigating of grievances, shall not unreasonably interfere with employees in the performance of their duties.

SECTION 6. Upon notice to the City, and approval of the Fire Chief , or duly authorized designee, Union Representatives or other designees shall be granted leave from work to attend to Union business without loss of compensation. The Fire Chief, or duly authorized designee, is authorized to grant up to a total of 312 hours off with pay per fiscal year for the Union Board or its designees in its entirety (not 312 hours per member of the Board) for such Union business, as defined by the Union President , or duly authorized designee, exclusive of time spent for collective bargaining and grievance processing. Any of the 312 hours which are not used by June 30th will automatically be forfeited . The Union shall track the use of this benefit within the departmental timekeeping system.

ARTICLE XXI

GRIEVANCE AND ARBITRATION PROCEDURES

SECTION 1. GRIEVANCE DEFINED. A grievance shall be defined as and limited to a dispute or controversy between an employee, group of employees, and/or the Union and the City regarding the application or interpretation of this MOU, Personnel Rules and Regulations of the City, and/or departmental rules, regulations, or practices.

SECTION 2. PROCEDURAL DUE PROCESS. Concerning pre -disciplinary matters, the grievance procedure shall not act as a substitute for procedural due process rights for individual employees.

SECTION 3. APPLICATION OF PROCEDURE. All grievances shall be adjusted in accordance with the procedure set forth in this Article and shall constitute the exclusive means and procedure for the settlement and disposition of all grievances. Employees may process their own grievances provided that no part of the grievance is inconsistent with the terms of this MOU, and the Union has been given an opportunity to be present at all grievance proceedings, including adjustment of the grievance.

SECTION 4. TIMELY FILING AND PROCESSING OF GRIEVANCES. Any grievance not filed within the time limit set forth herein shall be barred and waived. Any grievance not timely processed through the next step of the grievance procedure shall be considered resolved in accordance with the proper answer of the City. Any issue or dispute concerning the grievance procedure, including the timeliness of the filing or processing of a grievance, shall be subject to determination by the Arbitrator pursuant to Section 5, Subsection C, of this grievance procedure.

The Arbitrator shall decide any issue or claim as to timeliness or whether a filed grievance meets the test of arbitrating, as set forth in this MOU. The Arbitrator shall proceed to decide such issue before hearing the case upon its merits, and if possible, shall issue a bench decision at the completion of the presentation of evidence concerning the issue.

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35 SECTION 5. STEPS OF GRIEVANCE PROCEDURE. A grievable matter shall first be discussed on an informal basis with the immediate supervisor (if the supervisor has the power to adjust the matter) prior to filing a formal grievance. If an informal discussion with the immediate supervisor does not resolve the issue, the following steps shall be followed:

A. Step I. A grievance must be filed, in writing, with the Fire Chief, or duly authorized designee, within twenty (20) calendar days of the grievant knowing, or in the exercise of reasonable diligence should have known, of the event giving rise to the grievance. Within twenty (20) calendar days of receipt of the grievance, the Fire Chief, or duly authorized designee, shall meet with the grievant and the grievant’s representative and submit a written response thereto.

B. Step II. If the grievant is not satisfied with the decision of the Fire Chief, or if the grievant has not received a written decision within the time specified, the grievant may file a written appeal with the City Manager, or duly authorized designee, within twenty (20) calendar days of the answer or such time when the answer was due.

Within twenty (20) calendar days of receipt of written appeal, the City Manager, or duly authorized designee, shall meet with the grievant and the grievant’s representative, and shall submit a written response thereto within twenty (20) calendar days of receipt of the written appeal.

C. Step III. Either party to the dispute may request that the dispute be submitted to arbitration in accordance with the procedure contained herein. Such request shall be submitted in writing within twenty (20) calendar days after completion of Step II above, with a copy served by mail/email to the other party.

SECTION 6. ARBITRATION PROCEDURE.

A. The City and the Union shall promptly meet to attempt to mutually select an arbitrator. If such selection cannot be accomplished, either the City or the Union may notify the California State Mediation and Conciliation Service (CSMCS) to submit nine (9) names of neutrals that are qualified to serve as an arbitrator. The City and the Union shall meet within five (5) business days upon receipt of the list of arbitrators to mutually select the Arbitrator to hear the dispute or to alternately strike-off names until only one arbitrator remains. That person shall then serve as the Arbitrator. In the event either the City or the Union desires to strike an entire list submitted by the CSMCS, such party may do so on up to two (2) occasions. In that case, the parties shall mutually and promptly request a new list from the CSMCS.

B. The Arbitrator shall not have the authority to add to, modify, or subtract from this MOU or to take testimony from one party outside the presence of the other. The Arbitrator's authority is thus limited to deciding whether there has been a violation of this MOU pursuant to a grievance as defined in this Article, and the determination of an appropriate remedy for any such violation. The Arbitrator shall only have authority to issue recommendations or an advisory award concerning the 302

36 interpretation or application of Article XIV, and such award shall not be binding upon the parties.

Furthermore, the Arbitrator shall not have the authority or power to render a binding decision that requires the City to expend additional funds, hire additional employees, buy additional equipment or supplies, pay wages or benefits not specifically provided for in this MOU, or to take any action which would be in violation of Federal or State laws.

C. The decision of the Arbitrator shall be final and binding upon the City, Union, grievant, and all employees covered by this MOU in the following cases:

1) All discipline and discharge cases of employees. In discipline cases, the Arbitrator's remedy may include reinstatement and/or back pay in full or in part.

2) Disputes regarding the interpretation or application of specific provisions of this MOU.

D. Unless extended by mutual agreement of the parties, the Arbitrator shall render a decision and award within one (1) month after the close of the hearing and the receipt of briefs, if any.

E. The compensation and expenses of the Arbitrator shall be borne equally by the City and the Union. All other expenses, including that of a court reporter, shall be borne by the party that requests such service , unless the parties agree that such service is necessary for the arbitration proceeding, in which case, such expenses shall be borne equally.

ARTICLE XXII

SCOPE AND APPLICATION OF MEMORANDUM OF UNDERSTANDING

SECTION 1. SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING.

A. It is the intent of the parties hereto that this MOU shall supersede all prior MOUs or contrary City contracts and , when approved by the City Council , shall govern the entire relationship between the City and the Union.

B. City Resolution No. 4440 that sets forth a settlement between the City and the Union of Case No. 237 979 shall remain in effect and be incorporated herein by reference.

SECTION 2. This MOU is subject to amendment only by subsequent written agreement between, and executed by, the parties hereto.

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37 SECTION 3. TERMS SEVERABLE. If any provision of this MOU, or the application of such provision, should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of the MOU shall remain in full force and effect.

SECTION 4. EMERGENCY WAIVER. In the event of circumstances beyond the control of the City as a result of a declared emergency, national disaster, or similar circumstances, provisions of this MOU, the Personnel Rules or Regulations of the City , and/or departmental rules and policies, may be suspended for the duration of such emergency. After the emergency is declared over, the City shall immediately meet and confer with the Union regarding the impact on employees of the suspension of these provisions in the MOU and/or the Personnel Rules or Regulations of the City and/or departmental rules and policies.

SECTION 5. LIMITED REOPENER. The City can reopen Article III (Salaries) and/or Article X 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 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 Union 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 XXIII

TERM OF MEMORANDUM OF UNDERSTANDING

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

SECTION 2. REQUEST TO MEET AND CONFER. Upon written notice and request of either party to modify the terms of this MOU prior to June 30, 2026, the parties shall meet and confer in good faith for the purpose of reaching a new agreement.

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38 ARTICLE XXIV

RATIFICATION AND EXECUTION

The City and the Union 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 Union 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 Union and entered into this 23rd day of January 2024.

ORANGE CITY FIREFIGHTERS INC.,
LOCAL 2384 OF THE INTERNATIONAL

CITY OF ORANGE ASSOCIATION OF FIRE FIGHTERS, AFL-CIO

By: ________________________________ By: ___________________________________ Monica Espinoza, Human Resources Director Miguel Gonzalez, President

By: ________________________________ By: ___________________________________ Cody Kleen, Human Resources Manager Brad Greenamyer, Vice President

By: ________________________________ By: ___________________________________ Christina Lopez, Sr. Human Resources Analyst Jason Alonzo, Treasurer

By: ________________________________ By: ___________________________________ Robert Moya, Sr. Administrative Analyst Justin Cunanan, Secretary

By: __________________________________
Katey Sullivan, Member at Large

By: ___________________________________
Martin Navia Jr., Member at Large
APPROVED AS TO FORM:

Nathalie Adourian, Senior Assistant City Attorney
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39 APPENDIX A

VACATION BENEFITS – SCHEDULE 1
FIRE EMPLOYEES WORKING AN AVERAGE 55.9 HOUR WORK WEEK
(EXCEPT FIRE CAPTAINS)

ACCRUAL RATE: 12.56 HOURS = 1 DAY

Years of Service Hours per Year Days per Year Shifts per Year 1-04 138 11 5.75
5-14 188 15 7.83
15-24 251 20 10.46
25-30 314 25 13.08

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40 APPENDIX A (CONTINUED)

VACATION BENEFITS – SCHEDULE 2
FIRE CAPTAINS WORKING AN AVERAGE 55.9 HOUR WORK WEEK

Except, however, that 24 -hour shift Fire Captains who work fire suppression shall accrue vacation on the basis listed in the table below. If the fire suppression hours should drop below

55.9 hours per week, vacation accrual shall be subject to meet and confer, as to all employees employed on a 24-hour basis.

ACCRUAL RATE: 12.56 HOURS = 1 DAY

Years of Service Hours per Year Days per Year Shifts per Year 1 138.0 11.00 5.75
2 141.3 11.25 5.88
3 157.0 12.50 6.54
4 172.7 13.75 7.20
5 188.0 15.00 7.83
6 194.3 15.50 8.10
7 200.6 16.00 8.36
8 206.9 16.50 8.62
9 213.2 17.00 8.88
10 219.5 17.50 9.15
11 225.8 18.00 9.41
12 232.1 18.50 9.67
13 238.4 19.00 9.93
14 244.7 19.50 10.20
15 251.0 20.00 10.46
16 257.3 20.50 10.72
17 263.6 21.00 10.98
18 269.9 21.50 11.25
19 276.2 22.00 11.51
20 282.5 22.50 11.77
21 288.8 23.00 12.03
22 295.1 23.50 12.30
23 301.4 24.00 12.56
24 307.7 24.50 12.82
25 314.0 25.00 13.08
26 320.3 25.50 13.35
27 326.6 26.00 13.61
28 332.9 26.50 13.87
29 339.2 27.00 14.13
30 345.5 27.50 14.40

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41 APPENDIX A (CONTINUED)

VACATION BENEFITS – SCHEDULE 3
FIRE EMPLOYEES WORKING AN AVERAGE FORTY (40) HOUR WORK WEEK (EXCEPT FIRE CAPTAINS)

Those employees who work a regular work week of forty (40) hours shall accrue vacation on the following basis:

Years of Service Approx. Workdays
per Month Hours per Month Workdays per Year
1-4 0.917 07.333 11.0
5-14 1.250 10.000 15.0
15-24 1.667 13.334 20.0
25-30 2.083 16.667 25.0

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42 APPENDIX A (CONTINUED)

VACATION BENEFITS – SCHEDULE 4
FIRE CAPTAINS WORKING AN AVERAGE FORTY (40) HOUR WORK WEEK

Except, however, that Fire Captains who work a regular work week of forty (40) hours shall accrue vacation on the following basis:

Years of Service Approx. Workdays
per Month
Hours per Month Workdays per Year
1 0.917 07.333 11.00
2 0.938 07.500 11.25
3 1.042 08.334 12.50
4 1.146 09.167 13.75
5 1.250 10.000 15.00
6 1.292 10.334 15.50
7 1.333 10.667 16.00
8 1.375 11.000 16.50
9 1.417 11.334 17.00
10 1.458 11.667 17.50
11 1.500 12.000 18.00
12 1.542 12.334 18.50
13 1.583 12.667 19.00
14 1.625 13.000 19.50
15 1.667 13.334 20.00
16 1.708 13.667 20.50
17 1.750 14.000 21.00
18 1.792 14.334 21.50
19 1.833 14.667 22.00
20 1.875 15.000 22.50
21 1.917 15.334 23.00
22 1.958 15.667 23.50
23 2.000 16.000 24.00
24 2.042 16.334 24.50
25 2.083 16.667 25.00
26 2.125 17.000 25.50
27 2.167 17.334 26.00
28 2.208 17.667 26.50
29 2.250 18.000 27.00
30 2.292 18.334 27.50
309

43 EXHIBIT A

ORANGE CITY FIREFIGHTERS, INC. LOCAL 2384 OF THE

INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO

MONTHLY SALARY RANGES

EFFECTIVE JUNE 19, 2022

2.0% Across the Board Salary Increase

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Fire Captain F645.5 10622 10622 10622 10622 10622
Fire Engineer F614.5 7486 7860 8253 8666 9099
Fire Inspector/Investigator F633.5 10004 10004 10004 10004 10004 Fire Safety Specialist F595.5 6808 7148 7506 7881 8275 Firefighter F589.5 6607 6937 7284 7649 8031
Hazardous Materials Specialist F615.5 7523 7899 8294 8709 9144 Plan Examiner F615.5 7523 7899 8294 8709 9144

EFFECTIVE JUNE 18, 2023

5.0% Across the Board Salary Increase

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Fire Captain F655.5 11166 11166 11166 11166 11166
Fire Engineer F624.5 7869 8262 8676 9109 9565
Fire Inspector/Investigator F643.5 10517 10517 10517 10517 10517 Fire Safety Specialist F605.5 7157 7515 7890 8285 8699
Firefighter F599.5 6945 7293 7657 8040 8442
Hazardous Materials Specialist F625.5 7908 8304 8719 9155 9613 Plan Examiner F625.5 7908 8304 8719 9155 9613

310

44 EXHIBIT A (CONTINUED)

ORANGE CITY FIREFIGHTERS, INC. LOCAL 2384 OF THE

INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO

MONTHLY SALARY RANGES

EFFECTIVE JUNE 29, 2025

2.0% Across the Board Salary Increase

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Fire Captain F669.5 11975 11975 11975 11975 11975
Fire Engineer F638.5 8439 8861 9304 9769 10257
Fire Inspector/Investigator F657.5 11278 11278 11278 11278 11278 Fire Safety Specialist F619.5 7675 8059 8462 8885 9329
Firefighter F613.5 7448 7821 8212 8622 9054
Hazardous Materials Specialist F639.5 8481 8905 9350 9818 10309 Plan Examiner F639.5 8481 8905 9350 9818 10309

EFFECTIVE JUNE 30, 2024

5.0% Across the Board Salary Increase

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
Fire Captain F665.5 11738 11738 11738 11738 11738
Fire Engineer F634.5 8272 8685 9120 9576 10055
Fire Inspector/Investigator F653.5 11055 11055 11055 11055 11055 Fire Safety Specialist F615.5 7523 7899 8294 8709 9144
Firefighter F609.5 7301 7666 8049 8452 8874
Hazardous Materials Specialist F635.5 8313 8729 9165 9624 10105 Plan Examiner F635.5 8313 8729 9165 9624 10105
311
45 312
46 313
47 314
48 315
49 316
50 317
51 318
52 319
53 320
54 321
55 322
56 323
57 324
58 325
59 326
60 327
61 328
62 329
63 330
Agenda Item
City Council
Item #: 7.1. 1/23/2024 File #: 24-0034
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Professional Services Agreement with CityThinkers, Inc. for urban design services to develop a design concept for the West Katella Avenue area.

2. SUMMARY
Professional Services Agreement with CityThinkers, Inc. to develop a design concept to facilitate redevelopment in the West Katella Avenue area.

3. RECOMMENDED ACTION

1. Approve the transfer of $55,000 from 952.9810.56020.20247, Building and Improvements - SAORA Capital, to 952.9810.51670.20541, Prof & Consulting - West Katella District.

2. Approve the agreement with CityThinkers, Inc. in the amount of $55,000 for urban design services; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $55,000 and will be funded through NW & SW Merged 2003 Taxable Bonds (FUND 952).

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
e: Create an environment to attract, retain, and expand economic opportunities.

6. DISCUSSION AND BACKGROUND
The West Katella Avenue area is bounded by the Santa Ana River on the west, the water channel on the south, Batavia Street on the east, and the properties on the northside of Katella Avenue on the north. Although the area is surrounded by industrial development on three sides, its close proximity to the Honda Center, Anaheim Regional Transportation Intermodal Center (ARTIC), and Santa Ana River create the potential to develop a visitor serving entertainment and hospitality district.

Recognizing this development potential, several years ago the City Council re-zoned many of the properties in the area with an urban mixed-use zoning that provides flexibility for property owners to develop a mix of commercial, hospitality, and residential uses in response to market conditions.

Just across the Santa Ana River in Anaheim, planning has begun on the OC Vibe project which will include the Honda Center and surrounding properties. This multi-billion-dollar development will be phased over several years and is currently slated to include multiple entertainment venues, restaurants, office spaces, public parks and trails, 1,500 housing units, and two hotels. The City of Anaheim is working with several partners including the City of Orange to develop the OC River Walk City of Orange Printed on 1/18/2024Page 1 of 2
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Item #: 7.1. 1/23/2024 File #: 24-0034
Anaheim is working with several partners including the City of Orange to develop the OC River Walk along the Santa Ana River between Ball Road and Orangewood Avenue. This project would transform the Santa Ana River into a regional destination for recreation and entertainment and include a pedestrian bridge across the river from OC Vibe to West Katella Avenue in Orange.

The City of Orange Economic Development Strategy includes creating a district that is complimentary to OC Vibe and OC River Walk in the West Katella Avenue area. Unlike OC Vibe, where one developer controls all of the properties in the development, the West Katella Avenue area is made up of dozens of properties with various property owners. Creating a vibrant, cohesive district will necessitate working closely with property owners and other stakeholders in a multi-step approach:

1. Visioning Process to develop a design concept and framework for the area.

2. Development Feasibility Analysis to provide an analysis of what types of development are economically feasible in the area.

3. Place Branding to develop a brand and marketing for the area.

4. Place Making to develop signage, street trees, and other aesthetic elements for the area.

The proposed agreement with CityThinkers, Inc. (CityThinkers) would provide for urban design services to facilitate the visioning process with property owners and other stakeholders to develop a design concept and framework for the area. A key aspect of this approach is engaging the various property owners in a way that helps them see the development potential for their individual property while contributing to the development of a vision for the entire district.

City staff solicited proposals from various urban planning and architectural firms for this effort and are recommending the selection of CityThinkers due to the strength of their proposal and relevant experience with similar visioning efforts. If approved by City Council, staff would begin the process of soliciting proposals for the remaining three parts of the project. It is anticipated that the visioning process for the area will take between four and six months to complete.

7. ATTACHMENTS
· Professional Services Agreement with CityThinkers, Inc.

City of Orange Printed on 1/18/2024Page 2 of 2
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332
Agenda Item
City Council
Item #: 7.1. 1/23/2024 File #: 24-0034
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Professional Services Agreement with CityThinkers, Inc. for urban design services to develop a design concept for the West Katella Avenue area.

2. SUMMARY
Professional Services Agreement with CityThinkers, Inc. to develop a design concept to facilitate redevelopment in the West Katella Avenue area.

3. RECOMMENDED ACTION

1. Approve the transfer of $55,000 from 952.9810.56020.20247, Building and Improvements - SAORA Capital, to 952.9810.51670.20541, Prof & Consulting - West Katella District.

2. Approve the agreement with CityThinkers, Inc. in the amount of $55,000 for urban design services; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $55,000 and will be funded through NW & SW Merged 2003 Taxable Bonds (FUND 952).

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
e: Create an environment to attract, retain, and expand economic opportunities.

Just across the Santa Ana River in Anaheim, planning has begun on the OC Vibe project which will include the Honda Center and surrounding properties. This multi-billion-dollar development will be phased over several years and is currently slated to include multiple entertainment venues, restaurants, office spaces, public parks and trails, 1,500 housing units, and two hotels. The City of Anaheim is working with several partners including the City of Orange to develop the OC River Walk City of Orange Printed on 1/18/2024Page 1 of 2
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Item #: 7.1. 1/23/2024 File #: 24-0034
Anaheim is working with several partners including the City of Orange to develop the OC River Walk along the Santa Ana River between Ball Road and Orangewood Avenue. This project would transform the Santa Ana River into a regional destination for recreation and entertainment and include a pedestrian bridge across the river from OC Vibe to West Katella Avenue in Orange.

1. Visioning Process to develop a design concept and framework for the area.

2. Development Feasibility Analysis to provide an analysis of what types of development are economically feasible in the area.

3. Place Branding to develop a brand and marketing for the area.

4. Place Making to develop signage, street trees, and other aesthetic elements for the area.

7. ATTACHMENTS
· Professional Services Agreement with CityThinkers, Inc.

City of Orange Printed on 1/18/2024Page 2 of 2
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PROFESSIONAL SERVICES AGREEMENT
[Urban Design Services]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on thi s _____ day of ____________, 20 __ (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and CITYTHINKERS INC., a California corporation (“Contractor”), who agree as follows:

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

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

2. Compensation and Fees.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed FIFTY-FIVE THOUSAND DOLLARS and 00/100 ($55,000.00) without the prior written authorization of City.

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

3. Payment.

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

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

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

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

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

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

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

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

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

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

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

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

11. Reserved.

12. Reserved.

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

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

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

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

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

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

c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials. 337
4 16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a consultant to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code.

17. Indemnity.

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

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

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

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

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

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

338
5 18. Insurance.

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

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

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

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

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

f. Reserved.

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

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

h. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.
339
6 i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in Califo rnia so long as such insurer pos sesses the aforementioned Best rating.

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

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

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

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

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

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

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

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

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

340
7 21. Compliance with all Laws/Immigration Laws.

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

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

c. Contractor represents and warrants that it:

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

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

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

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

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

e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not 341
8 change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.

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

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

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

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

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

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

“CONTRACTOR” “CITY”

Citythinkers Inc. City of Orange
3812 Park Blvd. 503 300 E. Chapman Avenue
San Diego, CA 92103 Orange, CA 92866-1591
Attn.: Diego Velasco Attn.: City Manager

Telephone: (619) 602-1699 Telephone: (714) 744-2222 E-Mail: [email protected] E-Mail: [email protected]

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

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

“CONTRACTOR” “CITY”

CITYTHINKERS INC. CITY OF ORANGE, a municipal corporation

*By: By:

Printed Name: Diego Velasco Daniel R. Slater, Mayor Title: President

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Nathalie Adourian
Senior Assistant City Attorney

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

√
343

EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
344

Citythinkers Proposal // City of Orange – Katella Gateway 11/19/2023 // page 1 November 20, 2023

Aaron Shultz
Economic Development Manager
City of Orange
300 E. Chapman Ave.

Orange, CA 92866
[email protected]

Re: Proposal for Conceptual Framework and Design Charrette, Katella Ave. Gateway

Dear Aaron,

Thank you for the opportunity to assist the City of Orange with developing a conceptual vision/ framework for the Katella Gateway area. The proposed project area is comprised of approximately 125 acres surrounding Katella Ave. and includes the Stadium Promenade Commercial Center, with frontage on the Santa Ana River to the west and surrounding commercial properties to the south of the commercial center . You seek a qualified urban design consultant to organize and facilitate a visioning process that culminates in a design concept/ framework for the area and that catalyze s investment in the gateway area and take s advantage of synergistic opportunities arising from the OC Vibe and the OC Riverwalk projects in neighboring City of Anaheim. The result of this assignment is to illustrate a concept for the area to use in advancing conversations with city leaders, landowners, and key stakeholders. A thorough marketing, branding, and development feasibility analysis will be separate of and likely follow this effort.

A Little About Us
We have relevant experience with site feasibility analysis and due diligence, as well as master planning and housing design services. Currently, we are working closely with the City of San Diego on the Clairemont and University Community Plans , where we have evaluated the redevelopment potential of two significant commercial centers to include housing and mixed- use along with placemaking opportunities and greater connectivity to transit and open space.

We are engaged much in the same capacity on the El Camino Real Specific Plan in Encinitas, where we are studying the potential addition of housing to strip commercial centers along the corridor. In July, we completed a fou r-mile corridor revitalization plan for the City of Fresno, where we helped the city identify a development strategy for two station areas associated with the city’s rapid bus system.

We also have a long track record of assisting private development clients with site analysis and feasibility. We work continuously with landowners to evaluate the potential for mixed-use and family housing on multiple sites across San Diego County. With my background in housing design and affordable housing, we currently have three multi -family housing developments (total of 217 units) recently completed construction in the Hillcrest and City Heights neighborhoods of San Diego and are well -versed in the den sity bonus programs of the city. 345
Citythinkers Proposal // City of Orange – Katella Gateway 11/20/2023 // page 2 We feel we are well-suited for this assignment and appreciate the opportunity to work with you on it! The following pages outline our approach and the proposed scope of work. A Firm Profile and Resume with relevant experience is attached to this proposal for your reference.

Project Approach
Our planning approach for this assignment hinges on five primary imperatives for the project:
• Focus on Form -Making, not traditional land use planning and zoning, to drive the vision for the area and to illustrate the possibilities. Land use and zoning will easily follow this through a Specific Plan or other implementation mechanism, but if it is not grounded in a conc ept that is meaningful for building the corridor’s sense of place, it will not succeed. • Show what is possible and focus on visual simulations and accurate representations of the vision through more detailed site design and architectural concepts. Because we are designers as well as planners, we see the end product as a physical thing, not a list of policies that get put on a shelf.
• Ensure the plan is feasible and implementable by testing development scenarios and building types in close partnership with economic analysis and financial modeling. We now do this for practically every project because without it we just can’t get the developers and community leaders on board, and they are the ones that make it happen. • Integrate Complete Streets , multimodal mobility, branding and theming with development types and site design opportunities so there is a cohesive and solid vision for the corridor.
• Engage key stakeholders and encourage positive change for the corridor by building consensus and gaining support from residents, property owners, business owners, and community leaders.

Understanding of the Project
The primary objective of planning efforts for Katella Gateway Area should be to plan for the long-term prosperity and growth of the gateway and Katella corridor as we embrace a new direction for retail experiences, mixed -use development and active transpor tation. That future includes greater opportunities for multimodal mobility, strategies for accommodation of automated and rideshare vehicles, scooters and other types of private vehicles, and better pedestrian and bicycle infrastructure and environments. I t also includes opportunities for affordable housing and mixed -use development as the corridor and surrounding areas transform in the next decade into many great places that will offer unique life experiences for residents and visitors alike.

346
Citythinkers Proposal // City of Orange – Katella Gateway 11/20/2023 // page 3 Revitalization of Retail & Mixed -Use Design
We have experience developing visionary and specific plans for mixed -use, transit-oriented districts. From the “refresh” of aging retail centers to the master plan for a mixed -use transit district, we have a breadth of experience with commercial and residential mixed- use that includes the design of mixed -use building projects. We understand the land use st rategies it takes to revitalize and breathe new life into commercial centers and residential neighborhoods.

Interdisciplinary Approach
We are a fully integrated practice . The integration of architecture and planning skills in our office provides our firm with a depth of “real world” understanding. We know what it takes to build what we plan, and conversely, we know how what we build affects the urban environment.

Community Engagement
We are known for our work in environmental justice and our Award-Winning Public Outreach.

Stakeholder participation and engagement is a critical component of any successful planning process. Our steadfast focus on building community sets us apart from other planning firms.

Over the years, we have designed innovative and engaging techniques that bring community stakeholders together during the design process - uniting them towards a common plan and goals.

Citythinkers leads community engagement processes, from workshops, to “charrettes”, public meetings, one -on-one interviews and on -the-ground advocacy. Diego Velasco is known for his innovative outreach methods, including the Pop -Up Outreach Program for the City of San Diego, which was recognized at the national level with a National Achievement Award for Public Outreach by the American Planning Association.

Form-Based Approach to Zoning
Because the foundation of our firm and team is in design, we always approach zoning and development with form -making as the central and driving force. Regulations that focus exclusively on use and formulas (such as FAR or lot coverage) fail to recognize th e important role that building form and design play in the process of placemaking and development of our cities. We constantly hear from developer clients that regulations stifle development, that codes often have contradicting language and, ultimately, th at zoning is unclear and does not establish a bold vision for an area. Through a form -based approach, design elements that contribute to the success of a place can be elevated and expressed in a clear and compelling format that is also easy to administer and has buy -in from the development community.

Currently, Citythinkers is engaged in several assignments with cities across San Diego County focused on calibrating zoning codes to support this form -based approach.

347
Citythinkers Proposal // City of Orange – Katella Gateway 11/20/2023 // page 4 Proposed Scope of Work / Deliverables:

Task 1: Existing Conditions / Zoning Analysis
Starting with a strong foundation of information, we will assemble base maps and documents from existing and past planning documents, site reports, technical studies and surveys already done for the area. A review and summary of the zoning and design standards for the area will be performed to establish a basis for our work.

Deliverables:
• Compilation of Base Maps, Drawings and Documents
• Review of documents & technical studies, as required
• Review and summary of zoning and applicable standards for the property • Peer review of past studies, reports and plans and recommended strategies • Opportunities and Constraints Analysis

Task 2: Concept Planning
In this phase of work, we will work with you and landowners to identify a “sense of place” for the area by developing concept alternatives in sketch form for consideration. We will explore two alternative configurations of land uses, densities, and building types allowed by the zoning and comparable to what is proposed for OC Vibe. This may include a range of development types. Along with these various arrangements of uses and densities, we will design circulation patterns that help to provide a sense of community and support greater connectivity to the Santa Ana River, OC Vibe, and the Katella Ave. corridor. Our goal will be to optimize the development potential of the area and create a distinct sense of place and gateway for the city. These alternatives will be presented in freehand sketch/ diagrammatic form for use in community outreach efforts. This will include alternative plans and examples of housing and other land use types proposed in each.

Deliverables:
• (2) Freehand Concept Alternative Plans
• Diagrams of Potential Building/ Land Use Types
• (2) Conceptual Site Sections

Task 3: Framework Plans
Once a preferred design concept for the plan is agreed upon, we will refine the configuration of paths, development areas and other plan elements in order to produce a series of framework plans that describe the project by the following characteristics:

- Buildings & Program Areas
- Open Spaces & Amenities
- Circulation

Deliverables:
• (3) Framework Diagrams/ Plans with representative imagery • Project summary, including but not limited to: residential dwelling unit count, building area, height, number of floors, FAR, parking ratio, parking count, amenities, site constraints, etc.
348
Citythinkers Proposal // City of Orange – Katella Gateway 11/20/2023 // page 5 • One (1) “bird’s eye” 3D view of the area or a selected section • Three (3) “on-the-ground” 3D perspective views of representative areas

Task 4: Meetings and Community Engagement
We anticipate the design and planning process will be an interactive and collaborative process involving you, city representatives, landowners, and interested stakeholders. The engagement process should include:

Deliverables:
• (1) Half-day Kickoff Meeting and site visit with Economic Development/ City staff • (1) Group Meeting with Property Owners (alternatively, up to 4 virtual meetings with individual owners)
• (1) Workshop/ Charrette with property owners, city representatives, and interested stakeholders
• Up to (4) project check-in meetings with Economic Development Staff (virtual)

Task 5: Summary Report
The culmination of our efforts may include a traditional summary report/ development prospectus that communicates the vision with compelling graphics in a marketing-level quality.

As an alternative to a report, we propose to develop an ESRI StoryMap which may be hosted on the city’s website and serve as an interactive tool for interested property owners, developers, community leaders and city officials.

Deliverables:
• (1) Summary Report in pdf format (letter or tabloid size and a maximum of 50 pages) • (Optional Alternative) – ESRI StoryMap

Exclusions:
• Detailed and Dimensioned Plan Drawings
• Detailed Elevations showing materials and finishes
• Photo Realistic 3D Renderings/ Simulations
• Landscape Design
• Full Schematic Design
• Design Development
• Construction Drawings
• Engineering
• Entitlements & Development Approvals
• Hearings

349
Citythinkers Proposal // City of Orange – Katella Gateway 11/20/2023 // page 6 Fees:

Citythinkers will provide the deliverables listed above for a n Hourly Amount as listed below and at an hourly rate of $190/ hour for Diego Velasco, $150/ hour for Senior Urban Designer, and $85/ hour for Urban Designer:

Task 1: $3,000
Task 2: $ 15,000
Task 3: $ 10,000
Task 4: $ 12,500
Task 5: $15,000

Total: $ 55,500

Schedule:

We will work with you to define a schedule that meets your needs. Based on prior similar work, we anticipate completion of the project within four to six months from project kickoff, depending on the responsiveness of stakeholders and city staff capacity.

Aaron, thank you again for this opportunity. If you have any questions or comments, please do not hesitate to contact me so we can discuss this proposal with you and make adjustments if necessary.

Diego Velasco
Principal, Citythinkers

November 20, 2023

350

FIRM PROFILE

CORE SERVICES
• Site Feasibilty and Due Diligence
• Urban Design &Design Guidelines
• Zoning and Form-Based Codes
• Policy and Land Use Planning
• 3D Visualizations and Renderings
• Community Engagement

SELECTED RELEVANT EXPERIENCE
City of San Diego Complete Communities Program
citythinkers | city of san diego
Principal-in-Charge; Urban Design, Illustrations, Site Testing Contact: Nancy Graham: 619-236-6891; [email protected] 24th Street Transit Oriented Development Overlay
citythinkers | city of national city
Principal-in-Charge of Urban Design
Contact: Brad Raulston: 619-336-4256; [email protected] University Community Plan Update
citythinkers | city of san diego
Principal-in-Charge; Project Lead of Urban Design
Contact: Katie Witherspoon: 619-236-6017; [email protected] Clairemont Community Plan Update
citythinkers | city of san diego
Principal-in-Charge; Urban Design Lead
Contact: Marlon Pangilinan: 619-235-5293; [email protected] The Trails at Carmel Mountain Ranch Design Guidelines
new urban west
Principal-in-Charge; Design Guidelines in Standards
Contact: Jonathan Frankel: 925-708-3638; [email protected] University of San Diego Master Plan & Conditional Use Permit university of san diego
PrExisting Strucincipal-in-Charturege; Project Lead; Entitlements ProcessingExisting Structure Contact: Ky Snyder: 619-838-0180; [email protected] Citythinkers is an integrated and multi-disciplinary planning, urban design and community-based firm whose central mission is to build a better city. With thoughtful care and attention, we devote our energy, talents and passion to the communities that support us. We direct our best efforts toward achieving a quality built environment for people, and believe (above all) in making great places. We do this through research, by talking with the community, and with a passion for design that serves a public good.

Based in San Diego, California and with 23 years of experience in the fields of planning and design, the firm’s work ranges in scale and scope from General Plans, to Community Plans, Master Plans, Zoning Codes, Streetscape Design, Design Guidelines and Community Outreach. Our research and design expertise in urban, infill housing and mixed-use informs the planning practice and enriches each planning project with “real world true-testing” of bold ideas and visionary thinking.

Driven by core values and design excellence, Citythinkers often attracts like- minded partners who collaborate with us to deliver award-winning plans, designs, and solutions that make a lasting positive impact in our San Diego region.

Transit-Oriented Design Overlay (Todo)
TOD study for the 24th st. light rail station in
National City, CA
University Community Plan Update
Urban Design Concept for UTC area of University
City Of San Diego Complete Communities
Housing Incentive Program
Firm Size: <$500,000 revenue
Location: San Diego, CA
# of years in business: 4 years
# of staff: 4 (1 principal, 1 senior planner, 2 designers) Certified City of San Diego Emerging Local Business
(ELBE)
Hillcrest Focused Plan
Urban Design Concept for University Avenue 351
Existing StructureExisting Structure
Diego Velasco AICP , LEED AP

SELECTED RELEVANT EXPERIENCE
Site Feasibility and Due Diligence for Price Charities Properties price charities
Principal-in-Charge of Schematic Design and Site Feasibility Analysis Contact: Sophie Bernabe: 858-551-2327; [email protected] City of Encinitas El Camino Real Corridor Specific Plan city of encinitas
Principal-in-Charge of Urban Design and Site Feasibility Testing Contact: Brooke Peterson, Rick Engineering; [email protected] 24th Street Transit Oriented Development Overlay
city of national city
Principal-in-Charge of Urban Design
Contact: Brad Raulston: 619-336-4256; [email protected] City of San Diego On-Call Planning Services
city of san diego
Principal-in-Charge; Urban Design Lead on Multiple Plans Contact: Nancy Graham: 619-236-6891; [email protected] City of San Diego Complete Communities
city of san diego
Principal-in-Charge; Site Feasibility Testing, Standards, & Illustrations Contact: Nancy Graham: 619-236-6891; [email protected] Community Plan Updates for Clairemont, University, College Area, and Hillcrest Communities of San Diego
city of san diego
Principal-in-Charge; Urban Design and Land Use
Contact: Nancy Graham: 619-236-6891; [email protected] City of San Diego Blueprint SD
city of san diego
Principal-in-Charge; Urban Design and Objective Design Criteria Contact: Suchitra Lukes: 619-533-5931; [email protected] City of San Diego Mixed-Use Zoning Code
city of san diego
Principal-in-Charge; Zoning Code Writing & Illustrations Contact: Renee Mezo: 619-236-6033; [email protected]

YEARS OF EXPERIENCE
23+ years; 4 years with Citythinkers
AWARDS
American Planning Association, San Diego
Chapter Comprehensive Plan Award for the
El Cajon Transit District Specific Plan (2019)
American Planning Association, San Diego
Chapter Urban Design Award (Honorable
Mention) for USD Master Plan (2018)
American Planning Association National
Achievement Award - Public Outreach (2015)

EDUCATION / CERTIFICATIONS
University of Washington (2006)
Master of Urban Planning
Urban Design Certificate
University of California, Berkeley (1999)
Bachelor of Arts Degree, High Honors
Architecture Major, City Planning Minor
American Institute of Certified Planners,
Certified Planner
U.S. Green Building Council
LEED Accredited Professional

ACTIVITIES / AFFILIATIONS
Urban Land Institute (Member, Management
Committee TAP Chair, Partnership Forum
Mentor 2014-present)
Lambda Alpha International, Member
Citizens Coordinate for Century 3 (Board
Member 2013-2019, President 2014)
Centre City Advisory Committee (2009)
American Institute of Certified Planners
American Planning Association, Member,
Section Director
Diego Velasco is Principal and Founder of Citythinkers, an integrated and multi- disciplinary planning and urban design firm based in San Diego, California. With 23 years of experience in both urban planning and architecture, he maintains a comprehensive and interdisciplinary approach to that makes him versatile and diverse in his skills. His planning work ranges in scale and scope from Master Planned Communities to General Plans, Community Plans, Zoning Codes, Streetscape Design, Resiliency Planning, and Community Outreach. His work in architecture focuses on urban, infill housing, affordable housing, and mixed-use.

Diego is currently active in his community as Section Director for the American Planning Association, a member of the Management Committee of ULI San Diego/ Tijuana, and as a frequent speaker at national and local APA and ULI events.

He teaches undergraduate city planning, urban design, and architecture studio courses at the University of California, San Diego and the University of San Diego. 352
c i t y t h i n k e r s 2 0 2 3 | c i t y o f o r a n g e Project
Type
Community Plan
Update
Urban Design
Client City of San Diego
Client
Reference
Marlon Pangilinan,
Senior Planner
mpangilinan@
sandiego.gov
619-235-5293
Location San Diego, CA
Services Urban Design
Placetypes,
Community Outreach
Completed Summer 2021
Project
Team
Diego Velasco,
Citythinkers

PROJECT FEATURES
• Produced urban design
concepts for an aging
commercial shopping center
with integration of housing
and mixed-use.
• Illustrated how design and
architecture help shape
spaces and places for
walkability and compatibility
within an existing suburban
community.
• Community outreach to local
planning group in a series
of design “training” sessions
focused on public realm,
placemaking and building
design.

CLAIREMONT TOWN SQUARE REDEVELOPMENT
3D Visualization of Clairemont Square Shopping
Center Redevelopment (Phase 1) to include
Housing & Mixed-Use.

A key to placemaking at Commercial Centers is the building up of a “Main Street” experience that supports a pleasant walking environment Developing a “village feel” through generous pedestrian spaces Housing “fills in” areas of excess parking to shape space 353
c i t y t h i n k e r s 2 0 2 3 | c i t y o f o r a n g e Project
Type
Specific Plan
Client Rick Engineering
Client
Reference
Brooke Peterson,
Principal
bpeterson@
rickengineering.
com
858-336-0938
Location Encinitas, CA
Services Land Use
Planning,
Zoning, Design,
Feasibility
Analysis
Completed underway
Project
Team
Diego Velasco

PROJECT FEATURES
• Redevelopment and
revitalization strategy
for the El Camino Real
Corridor in the City of
Encinitas
• Feasibility analysis/ site
testing for integration
of housing along
commercial centers on
the corridor
• Worked closely with
economist to run
financial analysis of
potential housing types
• Established guidelines
for compatibility with
surrounding single-
family neighborhoods

EL CAMINO REAL CORRIDOR SPECIFIC PLAN
Conceptual examples of housing development
integrated with existing commercial centers
Phasing is key to commercial center redevelopment, as is a clear understanding of the constraints and the desired scale of development 354
c i t y t h i n k e r s 2 0 2 3 | c i t y o f o r a n g e

FRESNO KINGS CANYON CORRIDOR TOD CONNECTIVITY PLAN
Project
Type
Corridor Plan; TOD
Feasibility Analysis;
Visualizations
Client City of Fresno
Client
Reference
Drew Wilson
Supervising Planner
City of Fresno
drew.wilson@fresno.
gov
Completed Anticipated
Adoption Winter
2023
Fees $280,000
Project
Team
Diego Velasco
Citythinkers,
Prime Consultant
Debbie Kern
Keyser Marston
Associates,
Economic Analysis
Tony Mendoza
CR Associates,
Mobility Analysis

PROJECT FEATURES
• 3D visualizations of the
transit corridor
• Development of six (6)
Development Prototypes
with associated plans, 3D
models, and Financial Pro
Formas
• Notable outcomes include:
visualization of higher
density and mixed-use at the
transit stations; rendering
of Complete Street concepts
along Ventura Ave. and Kings
Canyon Rd.; understanding
of development feasibility
and strategy
• Implementation focus
relies on building strong
relationships with local
Community Based
Organizations through the
outreach process
View of Mixed-Use Infill Development Prototype for the
Corridor
Typical Plan of Mixed-Use Infill Development
Prototype
As a part of the project, Citythinkers assisted the City of Fresno in developing a framework for phased revitalization of auto-centric commercial centers along the corridor 355
c i t y t h i n k e r s 2 0 2 3 | c i t y o f o r a n g e

PROJECT FEATURES
• Update to the 1987
Community Plan surrounding
UCSD
• Redevelopment concepts for
the La Jolla Village Square
Mall and the Marketplace
Plaza
• Urban Design vision for three
station areas associated with
the newly opened Mid-Coast
Blue Line Trolley
• Community presentations,
meetings and workshops
focused on urban design
opportunities in the
community’s focused growth
areas
• Developed maps, diagrams,
3D renderings, and
visualizations for use in
community engagement and
online survey

UNIVERSITY COMMUNITY PLAN
3D Massing Study of the UTC area showing
development focused on key corridors and transit
stations in the community
Redevelopment concept for the La Jolla Village
Square Mall to include housing, office, a transit
station, and parks
Project
Type
Community Plan
Update
Client City of San
Diego
Client
Reference
Nancy Graham
Dev. Project
Manager
City of San
Diego
NHGraham@
sandiego.gov
619-236-6891
Size approx. 8,700
acres
Completed Anticipated
2023
Project
Team
Diego Velasco
Gaelle Brasseur
Redevelopment concept for the UC Village Commercial Center to include a mixed- use Vons, housing, and a library
356
c i t y t h i n k e r s 2 0 2 3 | c i t y o f o r a n g e Project
Type
Market Rate
Apartments
Client H.G. Fenton
Company / Smithton
Architects
Client
Reference
Dave Gatzke
Senior Director of
Development
[email protected]
619-400-1020
Completed Occupancy - Spring
2023
Project
Team
Diego Velasco
Citythinkers,
Prime Designer
Deborah Smithton
Smithton Architects,
Architect of Record

PROJECT FEATURES
• 82 studio, one and two-bed
market-rate apartments in
the heart of the Hillcrest
Neighhorhood
• Project designed under
the housing density bonus
program
• Corner Cafe and Terrace
• Courtyard with Fire Pits,
Lounge Seating, Art, BBQ,
and Jacuzzi
Entrance is designed to provide keyhole views into the
courtyard and to evoke a theatrical display of the building to the street

EVOC APARTMENTS
Building steps down in scale and massing next to the
neighboring single-family homes
357
c i t y t h i n k e r s 2 0 2 3 | c i t y o f o r a n g e Project
Type
Micro-unit
Apartments
Client Wakeland Housing
Client
Reference
Elaine Camuso
ecamuso@
wakelandhdc.com
619-606-6445
Completed Completed
construction in 2019
Project
Team
Diego Velasco
While Principal at
M.W. Steele Group
Prime Designer

PROJECT FEATURES
• 44 micro-unit efficiency studios
• Project designed under the housing
density bonus program
• Located in a Downtown, compact infill
site across from City College
• Community room with views to the bay
• Type V Podium construction
The building is designed to fit into its
context and orient to the bay views

THE BEACON APARTMENTS
358
Agenda Item
City Council
Item #: 7.2. 1/23/2024 File #: 24-0032
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Affordable Housing Agreement between the City of Orange and Orange 702, L.P.

2. SUMMARY
Agreement with Orange 702, L.P., a limited partnership including USA Properties, to provide financing for a 166-unit affordable housing development for extremely low income and lower income senior citizen households to be located at 1800 E. La Veta Avenue, and to be developed as the Orion Senior Housing Apartments.

3. RECOMMENDED ACTION

1. Approve the Affordable Housing Agreement between the City of Orange and Orange 702, L.P. in the amount of $2,200,000.

2. Authorize the City Manager and City Clerk to execute the Agreement, with any minor, non- substantive changes approved by the City Attorney, as well as any amendments thereto and all documentation in furtherance of the Agreement, including, but not limited to, any attachments to the Agreement and any necessary subordination agreements.

3. Authorize the appropriation of $2,200,000 from the Low and Moderate Income Housing Asset Fund (921) unreserved balance to expenditure account number 921.9810.56571.20540 - Rehab/Dev Loans - Orion Project. Estimated fund balance after appropriation is $955,000.

4. FISCAL IMPACT
The total expenditure for this agreement is $2,200,000.00 and will be funded in Rehab/Dev Loans - Orion Project (20540) through the Low- and Moderate-Income Housing Asset Fund (921).

Upon approval of this appropriation, the estimated fund balance in Fund 921 at June 30, 2023 will be $955,000

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community c: Support and enhance attractive, diverse living environments.

6. DISCUSSION AND BACKGROUND
Orange 702, L.P. is proposing to develop and operate 164 affordable housing units for extremely low income and lower income senior citizens and two manger’sunits on the property at 1800 E. La Veta City of Orange Printed on 1/18/2024Page 1 of 3
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Item #: 7.2. 1/23/2024 File #: 24-0032
income and lower income senior citizens and two manger’sunits on the property at 1800 E. La Veta Avenue in which the developer will acquire a long-term leasehold interest in the form of a Ground Lease for that purpose. Orange 702, L.P. is requesting the City provide a financial subsidy assistance in the amount of $2.2 million as partial “gapfinancing”.Staff is proposing to fund the assistance with former redevelopment agency set-aside funds for the production of affordable housing (LMIHAF).

Project Description
The proposed project includes demolition of an existing 107,586 square foot, one and two-story rehabilitation building with enclosed swimming pool, a 1,300 square foot single family residence, and related site improvements and construct 164 affordable senior apartments and two managerial units.

Summary of Unit Mix (166 Total)
Unit Mix & Affordability 1 Bedroom 2 Bedroom Total Units 30% AMI TCAC 11 6 17
50% AMI TCAC 22 10 32
60% AMI TCAC 22 10 32
70% AMI TCAC 56 27 83
Total Affordable Units 111 53 164
Manager Units 0 2 2
Total Units 111 55 166
*AMI TCAC: Average Medium Income Limits set by the State Treasurer’s Office The proposed financing for the project includes the following:

Sources (Permanent) Total
Senior Loan $19,000,000
NOI During Construction $2,461,923
Tax Credit Equity $21,719,976
Developers Fee $3,822,165
Subsidy Loan - Orange County Housing
Finance Trust
$503,502
Subsidy Loan - City of Orange $2,200,000
Subsidy Loan - Riverside Charitable
Organization
$4,000,000
Subsidy Loan - Orange County $921,150
Subsidy Loan - Safehold $7,000,000
Total $61,628,716
Affordable Housing Agreement
The Agreement with Orange 702, L.P. includes the following provisions:
· The City agrees to provide $2,200,000 from the Low- and Moderate-Income Housing Asset Fund (LMIHAF). The LMIHAF is former redevelopment funds that were set aside for the City of Orange Printed on 1/18/2024Page 2 of 3
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Item #: 7.2. 1/23/2024 File #: 24-0032
Fund (LMIHAF). The LMIHAF is former redevelopment funds that were set aside for the development of affordable housing. The current fund balance is approximately $3,155,000. · The City loan is intended to be “gap”financing not to exceed the amounts set forth in the final project budget, which is reviewed and approved by the City. · The City loan is residual receipts loans with a 55-year term and a 3% simple interest rate. The City may not start receiving loan repayments (which are apportioned) until sometime beyond the completion of the project; however, interest costs will be accrued. · The City’sloan is evidenced by a Promissory Note and secured by the Deed of Trust that is tied to the leasehold interest, which includes any improvements made to the property. The Affordability Covenants and Density Bonus will be recorded against the property (the fee title) and will preserve the affordability of the units in the event of a foreclosure, regardless of the status of the Ground Lease, which is also reviewed and approved by the City. · Ninety percent of the City’ssubsidy will be disbursed at the construction loan closing and be used to pay for acquisition and development costs. The remaining 10 percent will be disbursed at project completion.

Staff recommends approving the Agreement with Orange 702, L.P. for the Orion Senior Housing Apartments.

7. ATTACHMENTS
· Affordable Housing Agreement with Orange 702, L.P.

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Agenda Item
City Council
Item #: 7.2. 1/23/2024 File #: 24-0032
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Affordable Housing Agreement between the City of Orange and Orange 702, L.P.

3. RECOMMENDED ACTION

1. Approve the Affordable Housing Agreement between the City of Orange and Orange 702, L.P. in the amount of $2,200,000; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the City Manager to execute the Agreement, substantially in the form attached, with any minor, non-substantive changes approved by the City Attorney.

3. Authorize the City Manager to execute any and all documentation in furtherance of the Agreement, including, but not limited to, any attachments to the Agreement and any necessary subordination agreements.

4. Authorize the appropriation of $2,200,000 from the Low and Moderate Income Housing Asset Fund (921) unreserved balance to expenditure account number 921.9810.56571.20540 - Rehab/Dev Loans - Orion Project. Estimated fund balance after appropriation is $955,000.

4. FISCAL IMPACT
The total expenditure for this agreement is $2,200,000.00 and will be funded in Rehab/Dev Loans - Orion Project (20540) through the Low- and Moderate-Income Housing Asset Fund (921).

Upon approval of this appropriation, the estimated fund balance in Fund 921 at June 30, 2023 will be $955,000

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community c: Support and enhance attractive, diverse living environments.

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6. DISCUSSION AND BACKGROUND
Orange 702, L.P. is proposing to develop and operate 164 affordable housing units for extremely low income and lower income senior citizens and two manger’sunits on the property at 1800 E. La Veta Avenue in which the developer will acquire a long-term leasehold interest in the form of a Ground Lease for that purpose. Orange 702, L.P. is requesting the City provide a financial subsidy assistance in the amount of $2.2 million as partial “gapfinancing”.Staff is proposing to fund the assistance with former redevelopment agency set-aside funds for the production of affordable housing (LMIHAF).

Sources (Permanent) Total
Senior Loan $19,000,000
NOI During Construction $2,461,923
Tax Credit Equity $21,719,976
Developers Fee $3,822,165
Subsidy Loan - Orange County Housing
Finance Trust
$503,502
Subsidy Loan - City of Orange $2,200,000
Subsidy Loan - Riverside Charitable
Organization
$4,000,000
Subsidy Loan - Orange County $921,150
Subsidy Loan - Safehold $7,000,000
Total $61,628,716
Affordable Housing Agreement
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Item #: 7.2. 1/23/2024 File #: 24-0032
The Agreement with Orange 702, L.P. includes the following provisions:
· The City agrees to provide $2,200,000 from the Low- and Moderate-Income Housing Asset Fund (LMIHAF). The LMIHAF is former redevelopment funds that were set aside for the development of affordable housing. The current fund balance is approximately $3,155,000. · The City loan is intended to be “gap”financing not to exceed the amounts set forth in the final project budget, which is reviewed and approved by the City. · The City loan is residual receipts loans with a 55-year term and a 3% simple interest rate. The City may not start receiving loan repayments (which are apportioned) until sometime beyond the completion of the project; however, interest costs will be accrued. · The City’sloan is evidenced by a Promissory Note and secured by the Deed of Trust that is tied to the leasehold interest, which includes any improvements made to the property. The Affordability Covenants and Density Bonus will be recorded against the property (the fee title) and will preserve the affordability of the units in the event of a foreclosure, regardless of the status of the Ground Lease, which is also reviewed and approved by the City. · Ninety percent of the City’ssubsidy will be disbursed at the construction loan closing and be used to pay for acquisition and development costs. The remaining 10 percent will be disbursed at project completion.

Staff recommends approving the Agreement with Orange 702, L.P. for the Orion Senior Housing Apartments.

7. ATTACHMENTS
· Affordable Housing Agreement with Orange 702, L.P.

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AFFORDABLE HOUSING AGREEMENT
(Orion Senior Apartments - 1800 E. La Veta Avenue)
by and between

CITY OF ORANGE,
City,
and
ORANGE 702, L.P.,
Developer
_________________, 2023
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TABLE OF CONTENTS
Page
Article I. SUBJECT OF AGREEMENT ..............................................................................1 Section 1.01 Purpose of the Agreement .........................................................................1 Section 1.02 Definitions................................................................................................1 Section 1.03 The Property ........................................................................................... 10 Section 1.04 The City ................................................................................................. 10 Section 1.05 The Developer ........................................................................................ 10 Section 1.06 Assignments and Transfers ..................................................................... 11 Article II. ACQUISITION OF THE PROPERTY BY DEVELOPER ................................. 12 Section 2.01 Condition of the Property ....................................................................... 12 Section 2.02 Acquisition of the Property by Developer .Error! Bookmark not defined.

Article III. FINANCING ..................................................................................................... 13 Section 3.01 Method of Financing .............................................................................. 13 Section 3.02 City Assistance ....................................................................................... 13 Section 3.03 Evidence of Financing ............................................................................ 14 Article IV. DEVELOPMENT OF THE PROPERTY ........................................................... 15 Section 4.01 Land Use Approvals ............................................................................... 15 Section 4.02 Hazardous Materials ............................................................................... 16 Section 4.03 Plans; Consruction Contract ..................... Error! Bookmark not defined.

Section 4.04 Construction Drawings and Related Documents ..................................... 17 Section 4.05 City Approval of Plans, Drawings and Related Documents ..................... 17 Section 4.06 Cost of Construction ............................................................................... 17 Section 4.07 Schedule of Performance ........................................................................ 18 Section 4.08 Local, State and Federal Laws ................................................................ 18 Section 4.09 Nondiscrimination During Construction ................................................. 19 Section 4.10 Copeland Anti-Kickback Act ....................Error! Bookmark not defined.

Section 4.11 Contract Work Hours and Safety Standards Act ......Error! Bookmark not defined.

Section 4.12 Indemnification and Insurance ................................................................ 20 Section 4.13 Disclaimer of City Responsibility ........................................................... 23 Section 4.14 Permits ................................................................................................... 24 Section 4.15 Rights of Access ..................................................................................... 24 Section 4.16 Taxes, Assessments, Encumbrances and Liens........................................ 24 Section 4.17 Rights to Plans........................................................................................ 24 Section 4.18 Release of Construction Covenants ......................................................... 25 Article V. USE OF THE PROPERTY ................................................................................ 25 Section 5.01 Use As Affordable Housing .................................................................... 25 366
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Section 5.02 Management Plan; Annual Project Budget; Quarterly Report.................. 26 Section 5.03 Property Maintenance ............................................................................. 27 Section 5.04 Obligation to Refrain from Discrimination ............................................. 28 Section 5.05 Equal Employment Opportunity ............................................................. 29 Section 5.06 Labor, Training, and Business Opportunity .............Error! Bookmark not defined.

Section 5.07 Effect and Duration of Covenants ........................................................... 30 Section 5.08 Enforcement of Covenants ...................................................................... 30 Section 5.09 Monitoring ............................................................................................. 30 Section 5.10 Agreement Containing Covenants; HOME Regulatory Agreement ......... 31 Article VI. DEFAULTS AND REMEDIES ......................................................................... 31 Section 6.01 Defaults - General .................................................................................. 31 Section 6.02 Institution of Legal Actions .................................................................... 32 Section 6.03 Applicable Law ...................................................................................... 32 Section 6.04 Acceptance of Service of Process ........................................................... 32 Section 6.05 Rights and Remedies are Cumulative ...................................................... 33 Section 6.06 Damages................................................................................................. 33 Section 6.07 Specific Performance .............................................................................. 33 Section 6.08 Termination by Either Party .................................................................... 33 Section 6.09 Termination by Developer ...................................................................... 33 Section 6.10 Termination by City ............................................................................... 33 Article VII. GENERAL PROVISIONS ................................................................................. 35 Section 7.01 Notices ................................................................................................... 35 Section 7.02 Conflicts of Interest ................................................................................ 35 Section 7.03 Nonliability of City Officials and Employees.......................................... 35 Section 7.04 Force Majeure ........................................................................................ 35 Section 7.05 Inspection of Books and Records ............................................................ 35 Section 7.06 Approvals ............................................................................................... 36 Section 7.07 Real Estate Commissions........................................................................ 36 Section 7.08 No Third Party Beneficiaries .................................................................. 37 Section 7.09 Authority to Sign .................................................................................... 37 Section 7.10 No Partnership ........................................................................................ 37 Section 7.11 Compliance With Law ............................................................................ 37 Section 7.12 Binding Effect ........................................................................................ 37 Section 7.13 Incorporation by Reference..................................................................... 37 Section 7.14 Counterparts ........................................................................................... 38 Section 7.15 Construction and Interpretation of Agreement ........................................ 38 Section 7.16 Entire Agreement, Waivers and Amendments ......................................... 39 Section 7.17 Time for Acceptance of Agreement by City ............................................ 39 367
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ATTACHMENTS
ATTACHMENT NO. 1 - SITE MAP
ATTACHMENT NO. 2 - LEGAL DESCRIPTION
ATTACHMENT NO. 3 - METHOD OF FINANCING
ATTACHMENT NO. 4 - SCHEDULE OF PERFORMANCE
ATTACHMENT NO. 5 - PROJECT BUDGET
ATTACHMENT NO. 6 - NOTICE OF AFFORDABILITY RESTRICTIONS ATTACHMENT NO. 7 - AGREEMENT CONTAINING COVENANTS
ATTACHMENT NO. 8 - [RESERVED]
ATTACHMENT NO. 9 - LMIHAF NOTE
ATTACHMENT NO. 10 - [RESERVED]
ATTACHMENT NO. 11 - [RESERVED]
ATTACHMENT NO. 12 - CITY DEED OF TRUST
ATTACHMENT NO. 13 - ASSIGNMENT OF RENTS
ATTACHMENT NO. 14 - ASSIGNMENT OF AGREEMENTS
ATTACHMENT NO. 15 - ENVIRONMENTAL INDEMNITY
ATTACHMENT NO. 16 - [RESERVED]
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Orion Senior Apartments – 1800 E. La Veta Avenue
Affordable Housing Agreement

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Orange City CouncilJanuary 23, 2024

Orange City Council
January 23, 2024