Agenda packet — Orange City Council, March 12, 2024 (part 4 of 4)

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

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

18. Insurance.

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

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 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 556
6 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.

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.

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

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.

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 p revailing 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

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8 (3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, without limitation, the 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 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.

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9 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”

Pivotal Strategies LLC City of Orange
9619 National Blvd. 300 E. Chapman Avenue
Los Angeles, CA 90034 Orange, CA 92866-1591
Attn.: Brandon Stephenson Attn.: Jack Morgan

Telephone: 310-736-1032 Telephone: 714-744-2220
E-Mail: [email protected] E-Mail: [email protected]

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

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

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

“CONTRACTOR” “CITY”

PIVOTAL STRATEGIES LLC, CITY OF ORANGE, a municipal corporation a California limited liability company

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mike Vigliotta
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.

√

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EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
562

PUBLIC EDUCATION

AND COMMUNITY

OUTREACH
March 4, 2024
563
1 9619 National Blvd.

Los Angeles, CA 90034
Phone: 310.736.2337

March 4, 2024

Mr. Jack Morgan
Senior Assistant to the City Manager
City of Orange
Sent via email to [email protected]

Re: Pivotal Strategies Proposal for Public Education Services

Dear Mr. Morgan,

Thank you for inviting Pivotal Strategies to submit a proposal to the City of Orange for educational and outreach services focused on a community conversation regarding the City’s budget shortfall and options for maintaining quality City services.

Proposing any type of cost cutting or revenue-raising measure places a city at a pivotal moment with its constituents. How a city engages their community about a revenue measure makes the difference between residents and businesses understanding their city’s challenges or losing confidence in their public servants.

Pivotal Strategies was founded on a simple premise – bring together a group of talented, smart, and compassionate people who embrace the people we work with, enjoy the clients we work for, and champion projects that make lasting improvements in Southern California’s diverse communities.

The Pivotal team can immediately become Orange’s partner and launch a customized, integrated, and multi-lingual education program to ensure constituents understand all aspects of the City’s budgetary challenges and the options it’s evaluating to maintain a high level of service.

Much like a city, Pivotal leverages a talented team that isn’t afraid to work hard to accomplish big projects within budget and on schedule. Our decades of experience, and local expertise communicating budget balancing measures in California cities, helps us stand out from other companies.

Our team has built countless successful strategic communications and community engagement programs to help cities, counties, and other government agencies create compelling narratives and engage communities on a wide range of issues. 564
2 As a Los Angeles-based firm, Pivotal knows how important it is to be available for in-person activities and to customize our education programs to individual Southern Californian cities. From what messages should be communicated, to when and how, can vary greatly from city to city.

Our team’s public education covers diverse Orange County cities including Anaheim, Costa Mesa, Los Alamitos and Westminster, as well as other Southern California cities such as Burbank, Culver City, Downey, Duarte, El Monte, El Segundo, Glendale, Montclair, Norwalk, Ontario, and South El Monte, among others.

These cities can attest to the effectiveness of our programs and the ease of integration we had with their teams. Please refer to the References section on page 11 for additional information on some of these programs. We’ve also provided sample collateral in Appendix A showcasing branding Pivotal created specifically for each public education campaign, giving each campaign an easily identifiable and authentic “look and feel” for residents.

The Pivotal team has a decades-long relationship with Fairbank, Maslin, Maullin, Metz, and Associates (FM3) on countless municipal clients. That experience will let us immediately start working closely with FM3, and the data they collect on Orange, to immediately construct a narrative demonstrating the City’s strengths and challenges, and the avenues available to close the City’s budget gap, and most importantly the effects on City services, infrastructure, and facilities going forward.

We’re pleased to submit this proposal for a robust public education and outreach program.

Moving Forward Together
Based on our conversations, Orange has an important story to tell. Residents must be educated about the City’s current and projected financial shortfall, as well as the specific nature and options available to capture the needed general fund revenue to maintain or enhance City services.

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3 Action is needed, but action without educating the community can lead to confused constituents and entrenched opposition to potential solutions. It is vital for the City to create a comprehensive and consistent narrative that is transparent and inclusive. And that’s where the Pivotal team can help the City.

Our team knows how to break down complex issues for diverse communities, ensuring they fully understand how additional revenue, or the lack thereof, will impact the City and its services.

Working with the City’s leadership, we’ll explore the best way to educate the public about the City’s current successes and future challenges, and potential solutions to protecting City services that residents and businesses have come to expect.

The Roadmap
The City of Orange’s partnership with Pivotal will take the City through every step of the public education and outreach process to ensure as many members of the public as possible are aware of the City’s financial challenges and are invited to participate in a discussion on the best steps to move forward. From Day 1, we’ll be by your side providing the expert counsel cities have come to expect from us.

While the specific strategy, messages, and tactics of the program will be determined in collaboration with the City team and based on the polling the survey research firm will conduct, the fundamentals of the public education program can be summarized in a three-phase process:

Research
Phase One
Develop
Phase Two
Educate
Phase Three

Phase One would begin after the Council’s decision to proceed with a public education and outreach program. This research phase will focus on an analysis of the survey research conducted by FM3, communication channels available to the City, various stakeholder groups, and a kick-off meeting with City staff to discuss strategy for the development and deployment of a public education program.

Phase Two is our program kick-off phase. We will develop a program brand with compelling messages and educational materials necessary to communicate with stakeholders and the broader community about the steps the City has taken to strengthen its finances, forecasted challenges, and the options available to the City to maintain its quality of life services for years to come. Outreach and education 566
4 efforts will begin during this phase following the completion of our base educational material.

Phase Three would begin in Summer 2024 if the City Council elects to place a ballot measure on the November 2024 ballot. All Phase Two activities would continue, but with a refined brand and messages, and more intensive public education activities to ensure all residents are fully aware of the effects of the measure before voting begins.

We pride ourselves on following the letter and spirit of communications regulations. This includes following the rules that govern the type of messages that can be communicated by a government entity for an education program. Our messages and activities will be educational only, without any advocacy or spin. We believe that all activities and messages should be reviewed by the City Attorney or other legal counsel to maintain the highest ethical standards.

No two cities are the same, and its representatives from council, staff to legal counsel, have varying comfort levels when it comes to a public education program for a potential revenue measure. Pivotal has a long history of working with City representatives to customize a public education program that all parties will be comfortable with.

Scope of Work
Pivotal designs its customized public education programs to raise awareness among residents and businesses about the City’s strengths and challenges, surrounding the community with factual and compelling messages.

Our robust, integrated communications program proactively engages the public to provide our educational messages and materials, creating touchpoints to surround constituents with our messages to ensure the maximum education levels possible.

A timeline is included below detailing how the various components of this scope of work will be employed to create a seamless, integrated program. As the City and its elected leaders debate various options for addressing budget challenges, we'll tell the story about the City's challenges through existing communication channels to make sure residents don’t see a potential revenue measure as something that is out of the blue or unnecessary.

Our goal in the initial outreach phase is to develop a community conversation where all residents are able to participate and share their thoughts and ideas.

Depending on if the Council decides to submit a resolution to have a ballot measure on the election, and if the City chooses to conduct a tracking survey, we would recommend disseminating messages about the measure in June or July 2024. This natural progression will ensure residents aren’t blindsided by the idea of a revenue measure and that our 567
5 public education material and messages are top of mind when voting begins in October 2024.

Pivotal’s Services | The Winning Formula

• Strategic Counsel: Orange needs a local, experienced, and responsive consultant that can adapt their approach based on changes on the ground. We’ll be that expert guide directing which tools to use and when from our kickoff meeting through Election Day (if needed).

• Program Launch Meeting: We’ll quickly coordinate a team meeting to go over our proposed program and timing. The meeting will allow us to have a thorough discussion about the City’s challenges, as well as the proposed program’s goals, features, and timing to ensure we’re moving forward with a consensus approach. This would be followed by brief weekly or bi-weekly calls with the frequency of our meetings varying depending on the phase of the program.

• Resolution and Draft Language Support: Many of our municipal clients elect to use our expertise in reviewing draft ballot language and title, supporting “Whereas” clauses for resolutions, and other supportive messaging in staff reports. This support is available to the City should Council elect to place a measure the ballot.

• Message and Theme Development: We’ll develop the themes and messages that will serve as the cornerstone for all public outreach and external communication activities.

These messages will rely heavily on those tested in the survey research and will incorporate existing messages the City uses to communicate with its constituents. We will create a core messaging document from which all written and verbal communications will be based.

• Brand Development: Every Pivotal municipal education program has a distinct brand, something that will resonate with residents and business owners as being local and authentic. Creating a unique brand for the program will allow all messages and materials to be seen as part of a unified voice throughout all phases of the education and outreach program.

• Materials Development: Based on our theme and messages, we will develop a set of multilingual collateral materials to communicate with residents. These materials would have the look and feel of other City materials and would be our primary tool to disseminate messages to external audiences. At a minimum, our materials will be professionally translated and provided in English and Spanish, with options to add any languages the City requests such as Vietnamese or Tagalog. Additional languages may require a nominal additional fee above what is quoted in this proposal.

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6 o Fact sheet
o Frequently Asked Questions (FAQ) document
o PowerPoint presentation
o Palm Card (for public events)

• Message Dissemination: We will work with the City to disseminate educational messages through its existing electronic and printed newsletters, to reach a broader audience and enhance our educational efforts. Additionally, we recommend that our materials be placed in all City facilities and explore utilizing other City communications platforms to distribute our messages/materials.

• Community/Stakeholder Outreach: An expanded public education effort involves consistent stakeholder engagement. These activities also play a critical role in gaining valuable community feedback. Working closely with the City, we will help identify stakeholders in the community to engage, who will hopefully help amplify the City’s messages to a wide array of audiences. We would work with the City to augment any existing communications network of community stakeholders and ensure it includes organizations such as:

o Homeowners associations
o Civic associations
o Business groups
o Ecumenical entities
o Large businesses

We’ll reach out to these stakeholder organizations with our materials and encourage them to share our information with their respective networks, allowing our messages to organically spread throughout the community.

• Online/Social Media: We will complement our traditional outreach methods with a robust online presence to reach the broadest audience of Orange’s residents. The City’s existing channels already have established audiences among residents and business owners and distributing our messages through these trusted channels will ensure a greater acceptance of the messages and wider distribution.

o Website: We will work with the City to populate its existing website with our approved messages and information. We recommend the development of a simple landing page to host our collateral materials and to serve as a clearinghouse of information and messaging.

o Social Media: A vital avenue to further educate the public and share links to outreach materials and other resources, Pivotal will create a social media calendar and content for the City’s existing social media channels. Whenever possible, we will ensure that social media content is visually interesting, 569
7 incorporating graphic elements and multimedia content. We also have experience in creating and targeting paid digital ads should the City being interested in broadening the reach of its social media efforts.

o E-Newsletter: The City’s news and alerts platform will be a key channel to tell the City’s story including the budget shortfall and introduce the idea of a potential revenue-raising measure to support and maintain City services.

Working with City staff, we’ll develop a content calendar and craft a strategically timed narrative.

• Mail: Mail sent directly to voters is the most effective way to engage Orange’s registered voters and deliver the program’s messages. Depending on the City’s budget, and should the City Council place a measure on the ballot, we recommend distributing at least two bilingual educational pieces – one after the ballot letter designation following Labor Day to build awareness around the matter, and one just before mail-in ballots are delivered.

This schedule can be adjusted depending on the City’s preference and any guidance provided by the City Attorney.

The price of direct mail varies based on size of material and timing, but our experience and relationships with print and mail vendors allows Pivotal to secure quick and cost- effective mailing options. Just like our other public education material, we recommend these pieces include messaging in English and Spanish, and if additional languages are required, direct readers in language to the website for additional information.

• Media Relations: One of the quickest ways for a public communications program to spin out of control is for the media to misinterpret the City’s intentions or the potential community impact of a revenue-generating measure. Should the need arise, we will support the City in engaging with key reporters and editors, mainly from the OC Register and Voice of OC.

Timeline
Below we have outlined a schedule of activities as detailed in our above scope of work, running from March 2024 through Election Day in November 2024 (if needed). Please note that this schedule may change depending on factors on the ground including the Council’s decision to move forward with public education. If selected as your partner, we would provide a detailed plan with specific dates, events, and deliverables.

PHASE ONE: RESEARCH
March 2024: Strategy and Planning

• Kickoff team meeting
• Analyze data and past communications
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8 • Create reactive talking points for consistent City communications • Produce outreach strategy and calendar

PHASE TWO: DEVELOP
April 2024-July 2024: Branding, Message/Materials Development, Storytelling, Initial Outreach

• Develop program brand, themes, and core messages and finalize with City approval • Build outreach list identifying key stakeholder groups • Draft bi/multilingual collateral materials using approved messages and finalize with City approval
• Build social media calendar with content for the City to post on its online channels • Draft content for City’s electronic communications
• Draft content for City’s website

-- If Council decides to pursue a ballot measure --
• Develop ballot measure language with City team and FM3 • Support City with ballot title/language, and craft “Whereas” clauses in implementing resolution
• If desired, work with FM3/City to support potential tracking survey to test effectiveness of messages closer to Election Day (update core messages and materials accordingly)

PHASE THREE: EDUCATE
August-November 2024: Enhanced Public Education and Stakeholder Engagement

• Continued tactics from Phase Two
• Engage targets on stakeholder outreach list and give presentations to interested organizations
• Educate public through existing online/City channels and disseminate educational information
• Update materials following ballot measure letter designation in August 2024 • Distribute first multilingual direct mail piece and finalize with City approval – September 2024
• Distribute second multilingual direct mail piece and finalize with City approval – October 2024

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9 Staying On the Same Page
Through regular team meetings and conference calls, the Pivotal team will provide continuing status updates on the program’s components, ensuring the timely completion of individual tactics and measurable benchmarks.

We will also develop a task list to drive our activities and provide the City and Pivotal teams a firm understanding of the deliverables in the days and weeks ahead. Pivotal can attend any City Council or committee meeting to present and receive direction on our approach and progress to date at the discretion of the City.

An Integrated Team
We firmly believe that City personnel are the most authentic voices for this public education effort. As such, we recommend that City staff conduct any requested presentations and lead any community meetings. Residents value personal interactions with their City’s leaders, and these meetings will strengthen the City’s position as responsive and accessible to constituents – a necessary component to effectively communicate new policies and ideas.

About Pivotal Strategies
At any time, you might find yourself facing a pivotal moment. How you engage a community, the media, sway public opinion or protect your brand from a crisis can determine whether you can successfully reach your goals. When you’re facing these types of pivotal moments, make sure you have the right team in place.

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10 Pivotal Strategies is a Los Angeles-based public affairs and public relations firm. Our passionate and experienced team creates innovative solutions to solve your complex challenges. We’re storytellers that establish our clients as thought leaders at the forefront of change through strategic communications, campaigns and issues management and engagement programs.

We move ideas and clients forward to positively impact the quality of life for all Californians. We’ve helped our clients improve equitable access to health care and social services, housing and mobility options, expand sensible development and enhance essential neighborhood services.

Project Team
Our project team has an unmatched expertise with innovative local ballot measures, vast experience with public education and communications programs, and local knowledge – the three key ingredients the City must have for this program to be effective. Collectively, we have decades of experience on the exact type of program Orange needs to engage and educate its constituents.

Vice President | John Anderson
John will serve as Project Lead and your primary point-of-contact.

John not only manages our municipal programs, he’s also the driving force behind our creative content and digital
communications for government entities. Depending on our final scope of work, John will manage all aspects of our portion of this project, including overseeing the creation of all
documents/materials, managing all community engagement, and ensuring that we keep to the project timeline agreed upon by the City.

Senior Associate | Alina Ambrosino
Alina will serve as day-to-day support. She brings a
comprehensive suite of skills to support all facets of the project, enriched by her four-year residency in the city of Orange as a Chapman University student. Alina’s time living in Orange also affords her a deep understanding of the city's unique historical charm and dynamic community of small business owners. Like many Orange residents, Alina brings passion for her community to her work and understands what it means to engage with a diverse locale that cares deeply for its City.

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11 Founding Partner | Brandon Stephenson
Brandon will serve as Strategic Counsel and oversee the framework and implementation of this project. For over 20 years, he has played a game-changing role on numerous public
education programs and excels at crafting engagement programs that resonate with diverse audiences.

References and Similar Projects
The following case studies are the projects closely related to the services Orange is seeking.

Please note that several of our previous clients retained the Pivotal team for a second time, often with different municipalities, after successful public education programs with our team. This speaks to the effectiveness of our programs and the ease of integration we had with their teams. Each of the programs described below was worked on by members of the team we’re proposing for the City of Orange.

City of Anaheim | Measure J, November 2022

Reference: Greg Garcia, Deputy City Manager, Norwalk
([email protected], 714-765-5162)
*Previously engaged members of the Pivotal team to work on crisis communications

Overview
As home to the theme parks of the Disneyland Resort and entertainment venues, the City of Anaheim’s visitor economy is the largest source of funding for public safety and community services. However, the City’s municipal code allowed online and other travel companies to only pay taxes on the wholesale room rate paid to hotels, rather than on the final hotel bill. Measure J would close that gap by removing any question that online and other travel companies are subject to the City’s hotel tax on the full amount paid by visitors, securing additional funding for the City’s essential services.

Strategy
Communicate that new revenue from Measure J – the Anaheim Hotel Tax – would support neighborhood services without impacting the City’s tourism industry that fuels the City’s economy.

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12 Action
Working closely with the City’s management and communications teams, we developed a strategic program to engage and educate Anaheim’s diverse communities to ensure voters understood that Measure J wasn’t a new tax or a tax increase, but rather levels the playing field so that everyone would pay the same taxes on hotel stays.

We created foundational messages that explained what a hotel tax was, who pays for it, and the essential services additional funding could support. This included how Measure J would create up to $3 million a year in local revenue, which would help support street maintenance and neighborhood services, including police, fire, parks and youth and senior services.

Using a series of collateral materials that we created, we engaged Anaheim’s faith-based, service, and business organizations to educate these community leaders about Measure J so they could share our information with their followers, allowing our messages to organically spread throughout the community. Complimenting this grasstops outreach were an article in Anaheim Magazine, which is distributed to every home and business in Anaheim – as well as a mail program that directly engaged 115,000 households with Measure J information.

Results
Anaheim voters ultimately approved Measure J with almost 59% support. We were able to successfully educate voters that the measure was not introducing a new tax and would not harm the City’s vital tourism and entertainment sectors and would instead help support vital community services.

City of Costa Mesa | Measure Q, November 2020

Reference: Alma Reyes, Deputy City Manager, City of Costa Mesa ([email protected], 714-754-5090)
*Subsequently engaged Pivotal to work on City of Costa Mesa’s Measure K in November 2022 regarding land use and zoning

Overview
Leading up to the November 2020 election, members of the Pivotal team worked with the City of Costa Mesa to execute a robust, bilingual public education program for Measure Q – the Costa Mesa Retail Cannabis Tax and Regulation Measure. Like cities across the country, Costa Mesa’s short- and long-term finances had been significantly impacted by the coronavirus pandemic (COVID-19), with a projected $29.8 million deficit. Measure Q would 575
13 help address these financial challenges by empowering the City Council to adopt rules permitting retail cannabis uses while applying a gross receipts tax on sales that could generate up to $3 million annually for the City’s general fund and support essential services.

Strategy
Make the Costa Mesa community comfortable with the idea of permitting retail cannabis through a concerted education program designed to inform stakeholders about Measure Q’s proposed regulations and how enhanced revenues would support essential services.

Action
Our forward-looking program detailed the impact of Measure Q on the Costa Mesa community – how new revenue would help support core City services, prevent cuts, and invest in community services to keep Costa Mesa as the ideal place to live, raise a family, and run a business for generations to come. It also focused on what cannabis retail would look like in Costa Mesa, including the rules the City would develop for cannabis storefront dispensaries and non-storefront delivery services that best serve the residents of Costa Mesa.

All of our activities were geared toward reaching as many Costa Mesa residents as possible, educating residents on what Measure Q would mean for Costa Mesa, using all of the communications tactics available to us. Our outreach included fact sheets and FAQs, stakeholder outreach to over 100 identified community groups, weekly newsletter messaging and social media engagement that included educational videos from the City communications team, as well as a direct mail program with three pieces sent to every household in Costa Mesa.

Results
Our comprehensive public education program successfully engaged the broader Costa Mesa community through traditional outreach and digital communications. Even as other Orange County cities decided to not place retail cannabis measures on the 2020 ballot because of community pushback, and other Orange County revenue measures failed, Measure Q was ultimately passed with more than 65% of the vote.

City of Los Alamitos | Measure Y, November 2020

Reference: Chet Simmons, City Manager
([email protected], 562-431-3538)
*Prior client from City of Westminster, Measure SS

576
14 Overview
The Pivotal team worked with the City of Los Alamitos to execute a robust, bilingual public education program for Measure Y, the Los Alamitos Quality of Life, 911 Police Response, Business/Job Protection Measure. The City’s survey research determined the slimmest of majorities supported the measure and pointed to the need for extensive external communications and outreach. Beginning in June 2020 and running through the November 3 election, we developed and implemented a comprehensive public education program designed to educate Los Alamitos’ diverse community.

Strategy
Conduct a robust informational program to ensure the public had complete and accurate information regarding Measure Y, the impact of potential revenue on the City’s budget, and what quality-of-life services could be cut if additional revenue wasn’t secured.

Action
Due to the pandemic, there were limited options available for stakeholder outreach and community engagement. In addition to creating traditional collateral materials– a palm card with fast facts about Measure Y, FAQ and fact sheet – and conducting phone/email outreach, we worked with the City to host socially-distanced community events and pop-up information booths in the local parks to directly engage constituents. A central piece of the education program was proactively delivering our materials to residents. We created the theme, graphics, and language for four bilingual mail pieces, which were delivered to all registered households in Los Alamitos. Each mail piece had a unique theme: state of the City, quality of life services, public safety services, and voting information. This was in addition to a door-hanger program that communicated general election and Measure Y information to all households throughout the City. To add an additional layer to the program, we created a Measure Y landing page on the City’s website with consistent social media messages driving people to the page’s information and updates.

Results
Our comprehensive public education program successfully engaged the Los Alamitos community through traditional and digital communications, including a robust direct mail program. We educated residents about why the City placed Measure Y on the ballot and how additional revenues would help protect essential City services. Even with the survey showing less than half of residents would vote yes, Measure Y was ultimately passed with approximately 51% of the vote.

Proposed Budget
For the above-outlined scope of work, we have provided the below breakdown of fees and recommended hard costs totaling a not-to-exceed amount of $97,500. This amount can be decreased if the City decides to move forward with a more limited direct mail program. 577
15 Please note our hard costs are reflective of the cost of services or goods and Pivotal doesn’t add a mark-up to any municipal program.

Program/Service Fee
Pivotal Fee Total (based on projected phased
activities and timeline over 9 months; includes
professional translation of core materials to Spanish)
$65,000
Direct mail (two, 8.5 x 11” or similar-sized mailings to all households, not just registered voters)
$32,500
(covers two pieces – design,
printing, postage, mailing).

Additional Cost Option:

Professional translation for languages other than
Spanish, if needed
$1,000 per language (not included
in above not-to-exceed amount)

We’re Ready to Begin!
We’re excited at the prospect of working with City staff to ensure that the City of Orange receives the best possible program – one that will consistently educate the City’s constituents and ensure the community is as informed as possible on the challenges the City currently faces.

Pivotal has a thorough understanding of how to use a multi-faceted approach to effectively engage with Orange’s multilingual community and complement the available City resources to ensure a comprehensive and successful program.

We seek to meet communities where they are by proactively using innovative tools and methods to engage ethnic minorities, low-income, and other historically underrepresented populations. We want everyone not only to know, but to be involved in this important effort.

We’re looking forward to your thoughts on this and, more importantly, to getting started.

Please contact John or Brandon at (310) 736-2337 or by email at [email protected] or [email protected] with any questions or if you need additional information. We’re looking forward to hearing from you.

578

PROFESSIONAL SERVICES AGREEMENT
[Tracking Survey Research]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on thi s ___ day of ______, 2024 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and FAIRBANK, MFASLIN, MAULLIN, METZ & ASSOCIATES , INC, a California corporation doing business as FM3 RESEARCH , (“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 the subject of this Agreement are not in the usual course of City’s business and City relies on Contractor’s representation that it is independently engaged in the busi ness of providing such services and is experienced in performing the work.

Contractor shall perform all services in a manner 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.

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

2. Compensation and Fees.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed FIFTY THOUSAND DOLLARS and 00/100 ($50,000.00) 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.

579
2 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, 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.

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.
580
3 8. Designated Persons. Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement.

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

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

10. Time of Completion . Except as otherwise specified in Exhibit “A,” Contractor shall commence the work provided for in this Agreement within five (5) days of the Effective Date of this Agreement and diligently prosecute completion of the work in accordance with the time period set forth in Exhibit “A” hereto or as otherwise agreed to by and between the representatives of the parties.

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

12. Reserved.

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

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

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

a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, 581
4 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.

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 8710 3 of the Government Code. [Contractor further agrees that it shall not be eligible to work as the design/build firm for the project that is the subject of this Agreement.]

17. Indemnity.

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

(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, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation i ncluding the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment 582
5 that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.

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

18. Insurance.

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 583
6 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.

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.

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 584
7 notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.

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.

c. Contractor represents and warrants that it:

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

(3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, 585
8 without limitation, the completion and maintenance of the Form I -9 for each of Contractor’s employees; and

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

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

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 586
9 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”

FM3 Research City of Orange
1999 Harrison St., Suite 2020 300 E. Chapman Avenue Oakland, CA 94612 Orange, CA 92866-1591
Attn.: Richard Bernard Attn.: Jack Morgan

Telephone: 310-828-1183 Telephone: 714-744-2220
E-Mail: [email protected] E-Mail: [email protected]

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

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

“CONTRACTOR” “CITY”

FAIRBANK, MFASLIN, MAULLIN, METZ CITY OF ORANGE, a municipal corporation & ASSOCIATES, INC. a California corporation
doing business as FM3 RESEARCH

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

√

588

EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
589
12100 Wilshire Boulevard, Suite 350 | Los Angeles, CA 90025 Phone: (310) 828-1183 | Fax: (310) 453-6562
1999 Harrison St., Suite 2020 | Oakland, CA 94612
Phone: (510) 451-9521 | Fax: (510) 451-0384
TO Tom Kisela, City Manager and Jack Morgan, Senior Assistant to the City Manager City of Orange
FROM Dr. Richard Bernard & Adam Sonenshein
FM3 Research
RE: City of Orange Budget Priority Survey Research
DATE March 1, 2024
Fairbank, Maslin, Maullin, Metz & Associates (FM3) is happy to submit this scope of work and cost proposal to continue working with the City of Orange and provide follow-up survey research to inform the City on its residents’ budget priorities and the viability of a potential budget measure during the November 2024 election. FM3 recommends conducting a 12- to 15-minute dual-mode survey (online and by telephone) of 800 City of Orange registered voters who are likely to vote in the November 2024 General Election. If the City decides to only examine the feasibility of one of the two measures under current consideration (sales tax and transient occupancy tax), then FM3 recommends reducing the random sample to 400. As has been the practice in past City of Orange surveys, the telephone survey will be available in English, Spanish, and Vietnamese and the online interviews will be offered in English and Spanish only.

Details on the recommended survey specifications and estimated costs are provided below.

PROPOSED RESEARCH SPECIFICATIONS AND ESTIMATED COSTS
Research
Methodology
Dual-mode, telephone and online survey, with contact of potential respondents by telephone (cell phones and landlines), email invitations and text message invitations Survey Universe Likely November 2024 voters in the City of Orange Sample Size 800 total respondents – Given the City’s interest in examining the feasibility of both a sales tax measure and a transient occupancy tax (TOT) measure, we recommend splitting the sample and asking 400 respondents about each potential measure. As previously mentioned, if the City instead opts to examine the feasibility of only one measure, FM3 believes a sample of 400 is sufficient.

Margin of
Sampling Error*
±3.5% for a sample of 800 interviews*
±4.9% for a sample of 400 interviews*
590

Page 2 ends

*At the 95% confidence level (i.e., in 95 out of 100 cases) Questionnaire
Length
12- to 15-minute survey, featuring between approximately 35-55 unique questions (including battery question items and demographic questions) Languages English, Spanish and Vietnamese offered on the telephone and English and Spanish offered online.

Deliverables Following the completion of the survey, FM3 will provide:
 A questionnaire with the topline results of the survey for easy reference  A complete analysis of survey results in PowerPoint
 A presentation of the survey results
FM3 will also be available for ongoing consultation and any further analysis of the research.

Cost Figure 1 below shows the costs of the survey with different sample size options and survey lengths. These costs are comprehensive, and include questionnaire design, survey translation into Spanish and Vietnamese, sample acquisition and preparation, programming in all three languages, email and text message invitations, online survey hosting in English and Spanish, telephone interviewing in English, Spanish and Vietnamese, data entry and analysis, and reporting.

Figure 1: Estimated Survey Costs
Survey Length
Number of Interviews
400 800
12-minute $33,250 $46,500
15-minute $35,500 $50,000
We are excited to work together on this project. If you have any questions or if there is any further information we can provide, please do not hesitate to contact us. Thank you for your consideration and you may reach us as follows:

Richard Bernard
Fairbank, Maslin, Maullin, Metz & Associates (FM3)
(310) 428-1809 (Cell)
[email protected]
Adam Sonenshein
Fairbank, Maslin, Maullin, Metz & Associates (FM3)
(310) 569-3653 (Cell)
[email protected]
591
Agenda Item
City Council
Item #: 7.3. 3/12/2024 File #: 24-0137
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Presentation of feasibility study for an Enhanced Infrastructure Financing District and agreement with Kosmont & Associates, Inc. for economic development services.

2. SUMMARY
Presentation of a feasibility study for an Enhanced Infrastructure Financing District to fund infrastructure investments to support economic development. The proposed agreement with Kosmont & Associates, Inc. is for economic development services to assist the City in the formation of the district.

3. RECOMMENDED ACTION

1. Approve the agreement with Kosmont & Associates, Inc. in the amount of $59,500 for economic development services; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the following budget transfer of $59,500:

From: 952.9810.56020.20247 NW & SW Merged 2003 Taxable Bonds - SAORA Capital To: 952.9810.51670.00000 NW & SW Merged 2003 Taxable Bonds - Other Professional & Consulting Services

4. FISCAL IMPACT
The estimated expenditure for this agreement is $59,500 and will be funded through:
952.9810.51670.00000 NW & SW Merged 2003 Taxable Bonds - Other Professional & Consulting Services

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
b: Analyze future fiscal needs and potential revenue opportunities. e: Create an environment to attract, retain, and expand economic opportunities.

6. DISCUSSION AND BACKGROUND
Enhanced Infrastructure Financing Districts (EIFD) are an economic development and public finance tool introduced by Senate Bill 628 in 2014. EIFDs are the predominant form of Tax Increment Financing (TIF) in California following the dissolution of Redevelopment Agencies in 2012. EIFD and TIF are a form of financing, where a city or a county designates a boundary around parcels positioned for new development or rehabilitation. The assessed property value within the district is City of Orange Printed on 3/7/2024Page 1 of 3
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positioned for new development or rehabilitation. The assessed property value within the district is “frozen”at the time of formation as the “baseline”of assessed value for the district. Over time, as new development or rehabilitation occurs and new property value is added to properties within the district, participating taxing entities can dedicate all or a portion of the new incremental property tax from values above the baseline (property tax increment) to the EIFD with a dedicated purpose of funding infrastructure.

Current law includes a definition of infrastructure eligible to be funded by EIFDs, including roadway, utility, open space, transit improvements, remediation activities, government facilities, parking, broadband infrastructure, affordable housing, and numerous other categories, preceded by the phrase “including, but not limited to”, demonstrating the legislative intent for the tool to be flexible.

EIFDs can also fund improvements outside of the district boundary, so long as the improvements benefit the properties within the district boundary. EIFDs can also fund maintenance costs, so long as the assets being maintained were initially installed at least partially utilizing EIFD funding.

EIFD Functions and Formation
EIFDs do not create a new tax, nor do they encumber any existing agency revenues or resources.

EIFDs allow taxing entities to set aside a portion of future property tax revenues for special purposes, such as infrastructure. By dedicating a portion of future property tax revenue for infrastructure improvements, the City not only guarantees a higher level of infrastructure investment, it also can attract tax increment contributions from other taxing entities as well as get increased priority for certain state and federal grant funding.

EIFD property tax increment may be used on a pay-as-you-go basis or leveraged in the form of EIFD bond issuances. There is no public vote required to form an EIFD or to issue EIFD debt; however, the formation process includes a series of public meetings and hearings that allows the community to comment on the proposed Infrastructure Financing Plan (IFP) that would govern EIFD activities. The final public hearing includes an opportunity for landowners and residents within the district boundary to protest formation of the district. If more than 50% of the combined number of landowners and residents within the EIFD protest formation, the process must halt for at least one year. If no protest occurs, the EIFD is authorized for both formation and future debt issuance.

EIFD Governance
The EIFD is governed by an entity called the Public Financing Authority (PFA). The composition of the PFA varies, depending on which taxing entities are committing property tax increment to the EIFD. For the EIFDs established so far in California where a city and a county are both contributing property tax increment, the “template”for PFA composition has been two members of the city council, one member of the county board of supervisors, one member of the public appointed by the city council, and one member of the public appointed by the county board of supervisors, for a total of five members.

Feasibility Analysis
There are approximately 23 EIFDs established in California, with several more currently in the evaluation and formation process. Kosmont & Associates (Kosmont) completed a feasibility analysis for an EIFD in the City of Orange. The key findings include:
· Revitalization of commercial corridors in the city will require infrastructure investment, which also has the potential to generate significant economic impacts and community benefits · The proposed district would include approximately 824 acres, which represents approximately City of Orange Printed on 3/7/2024Page 2 of 3
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5% of citywide acreage
· Tax increment funding capacity is estimated in the range of $48 million to $109 million on a present-value basis
· A City-only special district strategy would likely achieve favorable return on investment, and a broader partnership including the County or private sector would further enhance financial feasibility
· An EIFD would enhance the City’s ability to secure grant funding for infrastructure projects District Formation
The proposed agreement with Kosmont would provide economic development services to assist the City with the formation of an EIFD. Kosmont’s services would include the following tasks:
· Conduct stakeholder outreach and prepare a Resolution of Intention (ROI) to form the EIFD · Prepare a fiscal and economic impact analysis
· Assist in the preparation of an Infrastructure Financing Plan (IFP) · Assist with the IFP approval and EIFD formation hearings If approved by City Council, the district formation process would take approximately 9 to 12 months.

7. ATTACHMENT
· Agreement with Kosmont & Associates, Inc.

City of Orange Printed on 3/7/2024Page 3 of 3
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Agenda Item
City Council
Item #: 7.3. 3/12/2024 File #: 24-0137
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Presentation of feasibility study for an Enhanced Infrastructure Financing District and agreement with Kosmont & Associates, Inc. for economic development services.

3. RECOMMENDED ACTION

1. Approve the agreement with Kosmont & Associates, Inc. in the amount of $59,500 for economic development services; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the following budget transfer of $59,500:

From: 952.9810.56020.20247 NW & SW Merged 2003 Taxable Bonds - SAORA Capital To: 952.9810.51670.00000 NW & SW Merged 2003 Taxable Bonds - Other Professional & Consulting Services

4. FISCAL IMPACT
The estimated expenditure for this agreement is $59,500 and will be funded through:
952.9810.51670.00000 NW & SW Merged 2003 Taxable Bonds - Other Professional & Consulting Services

6. DISCUSSION AND BACKGROUND
Enhanced Infrastructure Financing Districts (EIFD) are an economic development and public finance tool introduced by Senate Bill 628 in 2014. EIFDs are the predominant form of Tax Increment Financing (TIF) in California following the dissolution of Redevelopment Agencies in 2012. EIFD and TIF are a form of financing, where a city or a county designates a boundary around parcels positioned for new development or rehabilitation. The assessed property value within the district is City of Orange Printed on 3/7/2024Page 1 of 3
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positioned for new development or rehabilitation. The assessed property value within the district is “frozen”at the time of formation as the “baseline”of assessed value for the district. Over time, as new development or rehabilitation occurs and new property value is added to properties within the district, participating taxing entities can dedicate all or a portion of the new incremental property tax from values above the baseline (property tax increment) to the EIFD with a dedicated purpose of funding infrastructure.

EIFD Functions and Formation
EIFDs do not create a new tax, nor do they encumber any existing agency revenues or resources.

Feasibility Analysis
There are approximately 23 EIFDs established in California, with several more currently in the evaluation and formation process. Kosmont & Associates (Kosmont) completed a feasibility analysis for an EIFD in the City of Orange. The key findings include:
· Revitalization of commercial corridors in the city will require infrastructure investment, which also has the potential to generate significant economic impacts and community benefits · The proposed district would include approximately 824 acres, which represents approximately City of Orange Printed on 3/7/2024Page 2 of 3
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Item #: 7.3. 3/12/2024 File #: 24-0137
5% of citywide acreage
· Tax increment funding capacity is estimated in the range of $48 million to $109 million on a present-value basis
· A City-only special district strategy would likely achieve favorable return on investment, and a broader partnership including the County or private sector would further enhance financial feasibility
· An EIFD would enhance the City’s ability to secure grant funding for infrastructure projects District Formation
The proposed agreement with Kosmont would provide economic development services to assist the City with the formation of an EIFD. Kosmont’s services would include the following tasks:
· Conduct stakeholder outreach and prepare a Resolution of Intention (ROI) to form the EIFD · Prepare a fiscal and economic impact analysis
· Assist in the preparation of an Infrastructure Financing Plan (IFP) · Assist with the IFP approval and EIFD formation hearings If approved by City Council, the district formation process would take approximately 9 to 12 months.

7. ATTACHMENT
· Agreement with Kosmont & Associates, Inc.

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597

PROFESSIONAL SERVICES AGREEMENT
[Economic Development Services]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of ________________, 2024 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and KOSMONT & ASSOCIATES, 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.

2. Compensation and Fees.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed FIFTY-NINE THOUSAND FIVE HUN DRED DOLLARS and 00/100 ($59,500.00) without the prior written authorization of City.

3. Payment.

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

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.

598
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.

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.

599
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. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work.

12. Reserved.

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

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

a. Contractor shall not discriminate against any employee or 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.

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. 600
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 8710 3 of the Government Code.

Contractor further agrees that it shall not be eligible to work as the design/build firm for the project that is the subject of this Agreement.

17. Indemnity.

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

601
5 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 for a period not to exceed four (4) years.

18. Insurance.

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

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. 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.

g. 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 602
6 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.

h. 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.

i. 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.

j. 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.

k. 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.

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

c. Contractor represents and warrants that it:

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

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

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 604
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.

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”

Kosmont & Associates, Inc. City of Orange
1601 N. Sepulveda Blvd., #382 300 E. Chapman Avenue
Manhattan Beach, CA 90266 Orange, CA 92866-1591
Attn.: Ken K. Hira Attn.: City Manager

Telephone: (949) 226-0288 Telephone: (714) 744-2222 E-Mail: [email protected] E-Mail: [email protected]

25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same 605
9 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”

KOSMONT & ASSOCIATES, INC., CITY OF ORANGE, a municipal corporation a California corporation

*By: By:

Printed Name: Ken K. Hira Daniel R. Slater, Mayor Title: President

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

√

606

EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
607

Kosmont Companies
Mailing Address: 1601 N. Sepulveda Blvd., #382 (424) 297-1070 Physical Address: 2301 Rosecrans Ave., #4140 Manhattan Beach, CA 90266 www.kosmont.com El Segundo, CA 90245

Memorandum
To: City of Orange
Aaron Schulze, Economic Development Manager

From: Kosmont Companies
Ken K. Hira, President
Joseph Dieguez, Senior Vice President

Date: February 16, 2024

RE: Kosmont Companies Work Plan for EIFD Implementation Advisory

I. BACKGROUND

Pursuant to a Professional Services Agreement between the City of Orange (“City” or “Client”) and Kosmont Companies (“Kosmont” or “Consultant”) dated November 28, 2023, Kosmont has prepared a Feasibility Study for a n Enhanced Infrastructure Financing District (“EIFD”) within the City. Based on feedback from the City on related findings, staff has indicated potential interest in assistance from Kosmont for potential implementation of an EIFD, subject to analysis refinement and future City Council feedback and guidance. Kosmont proposes the following Work Plan accordingly.

II. WORK PLAN

Task 1: Stakeholder Outreach and Resolution of Intention (ROI) Kosmont will assist the City with outreach to public and private sector entity stakeholders, potentially including, but not limited to:
• County of Orange (“County”) Executive Office / Auditor -Controller / Treasurer / Tax Collector / Property Tax Manager / Economic Development / Public Works staff • County Board of Supervisors
• Major district area property owners, businesses, and/or registered voters.

Kosmont will accordingly assist with preparation and presentation of EIFD analysis materials as appropriate for such outreach. Based on stakeholder feedback, Kosmont will refine preliminary tax increment projections and related funding and financing analysis.

The goal of this Task is to receive direction/confirmation on focus area boundaries and which taxing entities would proceed with EIFD formation initially, recognizing that other taxing entities may join 608
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in a subsequent year. Kosmont will assist with determination of refined district boundaries and governing Public Financing Authority (“PFA”) board composition as required for adoption of the Resolution of Intent (“ROI”) to initiate district formation proceedings.

Kosmont will assist City staff and the City Attorney’s office (and potentially County staff and County Counsel) with the preparation of requisite documentation for the ROI, including certification of completion of redevelopment dissolution prerequisites. Kosmont will assist with coordination and presentation at the required meeting(s) of the City Council (and potentially also County Board of Supervisors) to adopt the ROI and will assist with required noticing of the ROI following the legislative body actions.

Task 2: Fiscal and Economic Impact Analysis
Kosmont will prepare an analysis of fiscal revenues (e.g., property tax, sales tax) , fiscal expenditures (e.g., police, fire, community service costs), and the resulting net fiscal impact to the City general fund (and potentially also County general fund) from potential district implementation, as required by EIFD law . It is additionally anticipated that the County may wish to review such analysis as part of potential partnership discussions.

Task 3: Infrastructure Financing Plan (IFP) Preparation Kosmont will collaborate with City staff and appropriate third- party consultants (e.g., special counsel, engineering / surveying consultants) on the preparation of the required Infrastructure Financing Plan (“IFP”) and related appendices. The IFP must include a legal description of district boundaries, public improvements to be implemented, location, timing, and costs of development and financial assistance, finalized tax increment projections, intention to incur debt (e.g., bonds), district termination date, taxing entity fiscal impact analysis (included in Task 3), and replacement housing obligations. Kosmont will assist City staff (e.g., Clerk’s office) in the required distribution of the IFP to property owners within the EIFD and to affected taxing entit ies. Kosmont will assist the City in drafting and coordinating the required noticing (e.g., website, mailing, newspaper notices) of the PFA meeting and hearings for IFP approval and EIFD formation.

Task 4: IFP Approval and EIFD Formation Hearings
Kosmont will assist in coordination, preparation, and presentation of required materials at the required City Council and PFA meetings and hearings to approve the IFP and form the EIFD. While Kosmont is not a law firm / attorney, we will provide draft content for required resolutions for review by the City Attorney and/or special counsel. Kosmont anticipates two PFA public meetings, three PFA public hearings, and one City Council meeting as part of this task (this budget assumes that Kosmont will participate in-person for some meetings and virtually for others, as deemed mutually appropriate by the City and Kosmont). Once the EIFD is successfully formed, Kosmont will assist City staff in completing the required EIFD filings with the State Board of Equalization.

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III. SCHEDULE AND REQUIRED DATA

Consultant is prepared to commence work upon receipt of this executed Work Plan agreement.

Kosmont anticipates a district formation timeline of approximately nine to 12 months.

It is assumed that the City Attorney’s office or third-party special counsel will assist with review of all legal documentation (e.g., ROI, resolution of formation). It is also assumed that the City will assist via public works / engineering staff or third-party engineering / surveying consultant for the preparation of the required map and legal description of EIFD boundaries. Kosmont is abl e to recommend qualified firms as desired.

IV. BUDGET AUTHORIZATION

Compensation for Task 1 through Task 4 is estimated below for professional services (hourly) fees at Consultant’s billing rates as reflected in Attachment A.

Tasks Estimated
Budget
1) Stakeholder Outreach and Resolution of Intention $15,000 2) Fiscal and Economic Impact Analysis $12,500
3) Infrastructure Financing Plan (IFP) Preparation $12,500 4) IFP Approval and EIFD Formation Hearings $19,500
Not-to-Exceed Professional Services (Hourly) Fees $59,500

Budget may be re- allocated between Tasks as may be needed to provide adequate services to Client. Budget may be increased by Client at any time.

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Kosmont Work Plan for EIFD Implementation
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V. ACCEPTANCE AND AUTHORIZATION

Read, understood, and agreed to this

____ Day of _______________ 2024

City of Orange Kosmont & Associates, Inc.
doing business as “Kosmont Companies”

By: _________________________ By: _________________________ (Signature) (Signature)

Name: ______________________ Name: Larry J. Kosmont, CRE®

(Print Name)

Its:
___________________________ Its: Chairman & CEO
(Title)

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ATTACHMENT A

Kosmont Companies
2024 Public Agency Fee Schedule
Professional Services

Chairman & CEO $475.00/hour
President $395.00/hour
Sr. Vice President/Sr. Advisor/Sr. Managing Director $370.00/hour Vice President/Project Advisor $250.00/hour Senior Project Analyst $195.00/hour
Project Analyst/Project Research $175.00/hour
Assistant Project Analyst/Assistant Project Manager $150.00/hour Project Promotion/Graphics/GIS Mapping Services $ 95.00/hour Clerical Support $ 80.00/hour
Additional Expenses
In addition to professional services (labor fees):
1) An administrative fee for in-house copy, fax, phone, postage costs, digital/technological support and related administrative expenses will be charged, which will be computed at four percent (4.0 %) of monthly Kosmont Companies professional service fees incurred; plus 2) Out-of-pocket expenditures, such as travel and mileage, professional printing, and delivery charges for messenger and overnight packages will be charged at cost. 3) Project/Market data sources for support of evaluation and analysis e.g., ESRI, Placer.ai, CoStar/STR, IMPLAN, ParcelQuest and other based on quoted project cost. 4) If Kosmont retains Third Party Vendor(s) for Client (with Client’s advance approval), fees and cost will be billed to Client at 1.1X (times) fees and costs. 5) Consultant’s attendance or participation at any public meeting, whether such participation is in person, digital, video and/or telephonic (e.g., City Council, Planning Commission, Public Agency Board, other) requested by Client and are beyond those specifically identified in the Scope of Work will be billed at the professional services (hourly) fees as shown on this Attachment A. • Charges for Court/Deposition/Expert Witness-Related Appearances Court-related (non- preparation) activities, such as court appearances, depositions, mediation, arbitration, dispute resolution and other expert witness activities, will be charged at a court rate of 1.5 times scheduled rates, with a 4-hour minimum.

Rates shall remain in effect until December 31, 2024.

612
Agenda Item
City Council
Item #: 7.4. 3/12/2024 File #: 24-0147
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager

1. SUBJECT
Receive and file a report on “Safe and Sane” fireworks and provide direction to City staff.

2. SUMMARY
On February 13, 2024, the Orange City Council discussed the current prohibition on “Safeand Sane” fireworks. The City Council directed staff to study the process to potentially legalize “Safeand Sane” fireworks along with other related factors including permit/boundary limits and calls for service data in agencies where “Safe and Sane” fireworks are legal.

3. RECOMMENDED ACTION

1. Receive and file a report on “Safe and Sane” fireworks.

2. Discuss the issue of “Safe and Sane” fireworks and provide direction to City staff.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 5: Recognize, Promote, and Preserve Orange’s Rich Heritage. b. Increase activities, programs, and projects including partnerships with organizations sharing interest in Orange’s unique history.

6. DISCUSSION AND BACKGROUND
On February 13, 2024, the Orange City Council discussed the City’s current “Safe and Sane” fireworks prohibition. At that meeting, the City Council directed staff to bring back specific information pertinent to “Safe and Sane” fireworks for further City Council consideration. The requested information included:

1. Would a measure have to be placed on a future ballot to rescind the current prohibition?

2. How many “Safe and Sane” firework permits should be issued per year?

3. What geographic boundaries should be implemented?

4. Confirm a 7% cost recovery to facilitate a “Safe and Sane” fireworks program.

5. Calls for service data from neighboring agencies where “Safe and Sane” fireworks are legal.

Each request is reviewed in turn:

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Item #: 7.4. 3/12/2024 File #: 24-0147
Item 1: Would a measure have to be placed on a future ballot to rescind the current prohibition?
The current “Safe and Sane” fireworks ban has been in place for over 30 years. It was enacted via Measure L which passed at the November 6, 1990, General Municipal Election by 480 votes. The City Attorney’s office has reviewed and confirmed a measure would need to be placed on an upcoming ballot to rescind the current prohibition. It is estimated it would cost $8,000 to place a measure on the ballot. For reference, the legislative and ballot history pertinent to the current “Safe and Sane” fireworks prohibition is attached to this report.

Item 2: How many “Safe and Sane” fireworks permits should be issued per year? Staff reviewed the 11 Orange County cities that allow “Safe and Sane” fireworks. The cities vary in permit issuances with the lowest at two (Los Alamitos) and the highest at 85 (Santa Ana). Given their experience in working with cities, staff spoke with a “Safe and Sane” fireworks manufacturer representative to identify a possible limit for Orange. Understanding the potential fire hazards in east Orange, the representative recommended eight permits per year. Attached is a list detailing the “Safe and Sane” fireworks permits allowed in the 11 Orange County cities along the corresponding municipal code citations and City Council resolutions (if applicable).

Item 3: What geographic boundaries should be implemented? It is staff’srecommendation that east of Hewes Street be the cutoff to sell and use “Safeand Sane” fireworks.

Item 4: Confirm a 7% cost recovery to facilitate a “Safe and Sane” fireworks program.

Pursuant to Assembly Bill 1403 (Garcia), 7% of gross fireworks sales can be directed to the City for services that include “processingand issuing fireworks permits, inspection of fireworks stands, public awareness and education campaigns regarding the safe and responsible use of safe and sane fireworks, and related operation and suppression efforts.” Item 5: Calls for service data from neighboring agencies where “Safe and Sane” fireworks are legal.

The City contacted Orange County cities that allow “Safe and Sane” fireworks to determine if it lessened firework related calls for service. Seven agencies responded. While they did not have quantitative data available, anecdotally, with the exception of one agency, the consensus is allowing “Safeand Sane”fireworks does not make a noticeable difference in firework related calls for service around the 4th of July holiday. The outlier agency noted “Safeand Sane”fireworks increased calls for service. This is because the agency adopted specific regulations on when “Safeand Sane”fireworks may be used, leading to more calls reporting "Safe and Sane" rule violations.

In considering the information provided in this report coupled with the understanding that Orange’s neighboring cities allow “Safeand Sane”fireworks, it is staff’srecommendation that the City Council discuss the issue of “Safe and Sane” fireworks and provide direction to City staff.

7. ATTACHMENTS
· Resolution No. 7627
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Item #: 7.4. 3/12/2024 File #: 24-0147
· Ordinance No. 5-91
· November 6, 1990, Measure L Official Title/Summary, Arguments for and Against, Sample Ballot
· City Comparisons and Resolutions
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Agenda Item
City Council
Item #: 7.4. 3/12/2024 File #: 24-0147
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager

1. SUBJECT
Receive and file a report on “Safe and Sane” fireworks and provide direction to City staff.

3. RECOMMENDED ACTION

1. Receive and file a report on “Safe and Sane” fireworks.

2. Discuss the issue of “Safe and Sane” fireworks and provide direction to City staff.

4. FISCAL IMPACT
None.

1. Would a measure have to be placed on a future ballot to rescind the current prohibition?

2. How many “Safe and Sane” firework permits should be issued per year?

3. What geographic boundaries should be implemented?

4. Confirm a 7% cost recovery to facilitate a “Safe and Sane” fireworks program.

5. Calls for service data from neighboring agencies where “Safe and Sane” fireworks are legal.

Each request is reviewed in turn:

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Item #: 7.4. 3/12/2024 File #: 24-0147
Item 1: Would a measure have to be placed on a future ballot to rescind the current prohibition?
The current “Safe and Sane” fireworks ban has been in place for over 30 years. It was enacted via Measure L which passed at the November 6, 1990, General Municipal Election by 480 votes. The City Attorney’s office has reviewed and confirmed a measure would need to be placed on an upcoming ballot to rescind the current prohibition. It is estimated it would cost $8,000 to place a measure on the ballot. For reference, the legislative and ballot history pertinent to the current “Safe and Sane” fireworks prohibition is attached to this report.

Item 3: What geographic boundaries should be implemented? It is staff’srecommendation that east of Hewes Street be the cutoff to sell and use “Safeand Sane” fireworks.

Item 4: Confirm a 7% cost recovery to facilitate a “Safe and Sane” fireworks program.

7. ATTACHMENTS
· Resolution No. 7627
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Item #: 7.4. 3/12/2024 File #: 24-0147
· Ordinance No. 5-91
· November 6, 1990, Measure L Official Title/Summary, Arguments for and Against, Sample Ballot
· City Comparisons and Resolutions
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RESOLUTION NO. 7627

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE, CALLING AND GIVING

NOTICE OF THE HOLDING OF A GENERAL

MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 6, 1990, FOR THE

SUBMISSION OF AN ORDINANCE RELATING TO

FIREWORKS PROHIBITION IN THE CITY OF
ORANGE.

WHEREAS, under the provisions of the laws relating to
general law cities in the State of California, a General Municipal Election shall be held on November 6, 1990, for the election of Municipal Officers; and
NOW, THEREFORE, BE IT RESOLVED by the City council of the City of Orange, as follows:

Section I:

That pursuant to the requirements of the laws of the State of California relating to General Law cities there is called and ordered to be held in the City of Orange, California, on Tuesday, November 6, 1990, a General Municipal Election for the purpose of submitting the following measure:

CITY OF ORANGE
Shall an Ordinance be adopted prohibiting YES
the existing sale of state Safety Approved
fireworks by non- profit organizations in
NO the City of
Orange. Section
II: That the text of the Ordinance submittedto the voters is attachedas Exhibit "
A". Section
III: That the ballots to be used at the election shall be in form and content as requiredby
law. Section
IV: That the City Clerk is authorized, instructedand
directedto procure and furnish any and all official ballots, notices, printed matter and all supplies, equipmentand paraphernalia that may be necessaryin order to properly and lawfully conduct the
619
section V:

That the polls for the election shall be open at seven
o' clock a. m. of the day of the election and shall remain open continuously from time until eight o' clock p. m. of the same day when the polls shall be closed except as provided in Section 14301 of the Elections Code of the State of California. section VI:

That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.
section VII:

That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

Section VIII:

That the city Clerk shall certify to the passage and
adoption of this Resolution and enter it into the book of original Resolutions.

ADOPTED this
7th
day of August 1990.

DON E. SMITH
d-
f/ I?
Ji~~.
v~ ci t Clerky of
Orange
ATTEST:I hereby certify that the
foregoing regularly adoptedby the city council
of regular meeting thereof held on the
7th 1990, by the following
vote: Resolution was duly
and the City of Orangeat
a day of
August AYES: COUNCIL MEMBERS: STEINER, BARRERA, BEYER,
COONTZ NOES: COUNCIL MEMBERS:

NONE ABSENT: COUNCIL MEMBERS: MAYOR
SMITH77~ A'~ () ~~-dP?
l City Clerk th~ i of
Orange Reso. 7627 2-
620
Non-
Profit) ORDINANCE
NO. AN ORDINANCEOF THE CITY COUNCILOF
THE CITY OF ORANGE RESCINDING CHAPTER8. 12

OF THE ORANGE MUNICIPALCODE
ENTITLED FIREWORKS" AND SECTION15. 32. 130
OF CHAPTER15. 32 ENTITLED " ARTICLE78
OF U. F. C. AMENDED" AND ADDING CHAPTER8.
14 ENTITLED " FIREWORKSPROHIBITED."
i WHEREAS, the City Council has determined that this
Ordinance No. shall be adoptedif a majorityof the votersin the Special Municipal Electionon November6, 1990, support the prohibitionof fireworks within the City of
Orange. NOW, THEREFORE, THE CITY COUNCILOF THE CITY OF ORANGE

DOES ORDAINAS
FOLLOWS: section
I: Chapter8. 12 of the Orange Municipal Code
entitled Fireworks" is hereby rescindedin its
entirety. section
II: section15. 32. 130 of Chapter15. 32 which concerns
fireworksand states certain amendmentsto Article 78 of the 1988 Editionof the Uniform Fire Code is hereby rescindedin its entirety. section
III: Title 8 of the Orange Municipal Code is hereby amended to add Chapter8. 14 to read as
follows: Chapter8.
14 Fireworks
Prohibited
SECTION:8. 14. 010 Fireworks
Prohibited.8. 14. 010 Fireworks Prohibited. It is unlawful for any personto possess, store, to offer for sale, expose for sale, sell at retail or use or explode any fireworks; provided that the Fire Chief shall have the power to adopt reasonable rules and regulationsfor the grantingof permits for supervised public displaysof fireworksby a jurisdiction, fair
association, amusement parks, non- profit organizationsor for the use of fireworks by artisans in pursuit of their trade. Every such use or displayshall be handledby a competent operator approvedby the Fire Chief and shall be of such characterand so located, discharged or fired so as, in the opinion of the Fire Chief after proper investigation, not to be hazardous to property or endanger
any person.
621
section IV:

A summary of this Ordinance shall be published and a certi- fied copy of the full text of this Ordinance shall be posted in the Office of the city Clerk at least five ( 5) days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen ( 15) days after this Ordinance' s passage in the Orange City News, a newspaper of general circulation, published and circulated in the City of orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those City council members voting for and against the Ordinance in accordance with Government Code section 36933. This Ordinance shall take effect thirty ( 30) days from and after the date of its final passage. c...

ADOPTED this day of 1990.

Mayor of the City of Orange
ATTEST:

City Clerk of the City of Orange

STATE OF CALIFORNIA)

COUNTY OF ORANGE )

CITY OF ORANGE )
I, MARILYN J. JENSEN, city Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the city Council held on the day of , 1990, and thereafter at a regular
meeting of said City Council duly held on the day
of , 1990, was duly passed and adopted by
the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

City Clerk of the City of Orange
2 -
622
Official Title and Summary
Prepared by the
City Attorney
Measure Prohibiting Existing Sale of State Approved Fireworks If this measure is passed, an ordinance will be enacted prohibiting the existing sale of state approved fireworks by non- profit corporationsin the City of
orange. Under current ordinances, the sale of state approved fireworks except for sparklers, groundflowers, and whistling petes is permittedif the sales of such fireworks are conducted by non- profit corporationsand sold during the period from July 1st to midnightof July 4th. This measure would repeal
these ordinances. This measure, however, will not prohibit the use and display of state approved fireworksconducted in public areas under Fire Departmentregulation and control by individuals, groups, or
non- profit corporations. The above statement is an impartial analysisof Measure ____. If you desire, a copy of the fireworks sale ordinance, please call the City Clerk' s Office at 714/ 532- 0341 and a copy will be mailed at
623
ORDINANCE NO. 5-
91 AN ORDINANCEOF THE CITY COUNCILOF

THE CITY OF ORANGE REPEALINGAND
DELETING CHAPTER8. 12 AND SECTION15. 32. 130

OF THE ORANGE MUNICIPALCODE AND
ADDING SECTION15. 32. 130 PROHIBITING

THE MANUFACTURE, SALE AND USE OF

STATE SAFETY APPROVED
FIREWORKS. WHEREAS, in ResolutionNo. 7701, adoptedon November 20, 1990, the City Clerk declared the result of the General Election held on November6, 1990, concerning Measure L. That measure was as
follows: Shall an Ordinancebe adopted
prohibitingthe existing sale of State safety
approved fireworksby non- profit organizations
in the City
of Orange? WHEREAS, pursuant to Resolution No. 7701, the City Clerk certified that the number of votes cast for and against Measure L were
the following: 15,
727 Yes 15,
247 No WHEREAS, that as certified in Resolution No.
7701, the highestnumber of qualified voters voting on Measure L relating to the prohibition of State approvedsafe and sane fireworkswithin the City of Orange did vote in favor of it and that the propositionshall be carriedthrough in
this Ordinance. NOW, THEREFORE, the City Council of the City of Orange does hereby ordain
as follows:
section I: Chapter8. 12 of the Orange MunicipalCode is
hereby repealed.

Section II: Section15. 32. 130 entitled Article 78--
Fireworks of the OrangeMunicipal Code
is hereby
repealed. sectionIII: section 15. 32. 130 is hereby added to the OrangeMunicipal Code to
read as follows: 15. 32. 130 Fireworks Prohibited. The
manufacture, sale, or use of State approved safe and sane fireworks as currently defined or thereafter amended by State statuteis prohibited in the City of Orange except as provided for and authorized by the Uniform Fire Code as currently adopted and hereafteramended in the
624
section IV:

A summary of this Ordinance shall be published and a
certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five days prior to the city Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen ( 15) days after this Ordinance' s passage in the Orange city News, a newspaper of general circulation, published, and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code section 36933. This Ordinance shall take effect thirty ( 30) days from and after the date of its final passage.

ADOPTED this 19th day of February 1991.

MARILYN J. JENSEN, CMC
City Clerk of the city of Orange

GENE BEYER
Mayor of the City of Orange
BY:

VAec{ ~~- .

RED
BARRERA, MAYOR PRO TEM BY: ~~..
u & A,.-"
d

CASSANDRACATHCART,

CMC, DEPUTY CITY
CLERK ATTEST: STATE
OF

CALIFORNIA)COUNTYOF

ORANGE) CITY OF

ORANGE) I, MARILYN
J. JENSEN, City Clerk of the City of Orange,California, do hereby certify that the foregoing Ordinancewas introduced at the regularmeeting of the City council held on the 12th day of February1991 and thereafter at a regularmeeting
of said City Council duly held on the 19th day of February , 1991, was duly passed and adopted by the followingvote, to wit: AYES:COUNCIL
MEMBERS: STEINER, BARRERA, COONTZ, SPURGEON NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL
MEMBERS: MAYOR BEYER MARILYN J.

JENSEN, CMC City Clerk
of the City of Orange Ord. No.
5- 91 BY: ~/}
uk!<<. lJd4uucCASSANDRA
CATHCART, CMC, 2-
DEPUTYCITY CLERK ld
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
City Number of
Permits
Code Citation and Resolution (If Applicable) Municipal Code Citation Link Anaheim 16 Section 6.40.035 (B) https://codelibrary.amlegal.com/codes/anaheim/latest/anaheim_ca/0-0-0-57419 Buena Park 30 Section 16.08.020 and Resolution No. 12389 https://ecode360.com/42924742* Costa Mesa 40 Section 9-181 and Resolution No. 04-30 https://ecode360.com/42612657 Fullerton 15 Section 7.26.010 and Resolution No. 2022-018 https://codelibrary.amlegal.com/codes/fullerton/latest/fullerton_ca/0-0-0-27455 Garden Grove 30 Section 5.28.050 https://ecode360.com/42525166 Huntington
Beach
15 Section 5.90.070 and Resolution No. 2015-04 https://ecode360.com/43795500?highlight=safe%20and%20sane&searchId=1 7541448965764467
Los Alamitos 2 Sections 5.60.020 and 5.60.030 https://ecode360.com/42852804?highlight=safe%20and%20sane&searchId=1 7542802739873069
Santa Ana 85 Sections 14-56 and 14-57 https://library.municode.com/ca/santa_ana/codes/code_of_ordinances?nodeId =PTIITHCO_CH14FIPRPREMSE_ARTIIFIRE_S14-56PEIS
Stanton 8 Section 17.04.050 https://ecode360.com/43153763 Villa Park 3 Section 11-2.5 https://library.municode.com/ca/villa_park/codes/code_of_ordinances?nodeId= CHXIFIPR_ART11-2SASAFI_S11-2.5GERESASAFIPE
Westminster 15 Section 9.66.060 https://library.qcode.us/lib/westminster_ca/pub/municipal_code/item/title_9- chapter_9_66-9_66_060
Average 24
*Through attrition, the city will lessen to 25 permits per year. 641
RESOLUTION NO. 12389

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK

ESTABLISHING A MAXIMUM NUMBER OF TEMPORARY FIREWORKS

STANDS AND PERMITS THAT MAY BE APPROVED PURSUANT TO
CHAPTER 16. 08 OF THE BUENA PARK CITY CODE.

The City Council of the City of Buena Park finds and resolves as foilows:

Section 1. In accordance with Subsection M of Section 16. 08.090 of Chapter 16. 08 of the Buena Park City Code, the City Council hereby establishes the maximum number of temporary stands for the display and sale of fireworks, including permits therefor, allowed in any calendar year to be thirty (30).

Section 2. Except as otherwise provided herein, only organizations issued a permit in the previous year, that continue to satisfy the permits requirements of Chapter 16. 08 of the Buena Park City Code based on a timely submitted application, shall be authorized to receive one of the thirty (30) permits in the current year. If, during the current year, less than thirty (30) permittees from the previous year apply, or remain qualified to receive a permit, then remaining permit(s) shall be issued to otherwise qualified organization(s) by drawn lot. Only one ( 1) permit shall be issued to any qualified applicant, unless the city council by minute action, authorizes the issuance of any remaining permits among qualified applicants by drawn lot.

Section 3. Permits for temporary stands for the display and sale of fireworks shall be issued in accordance with the provisions of Chapter 16. 08 of the Buena Park City Code, for so long as the display and sale of fireworks is permitted within the City of Buena Park.

Section 4. The City Clerk shall certify to the adoption of this Resolution PASSED AND ADOPTED this 25~h day of May 2010, by the following called vote:

AYES: COUNCILMEMBERS: Marshall, Smith, McCay, Brown
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Dow
ABSTAINED: COUNCILMEMBERS: None
Mayor
ATTEST:
i~~2`'~'ce, ~~~'~'"_
City Clerk
642
643
RESOLUTION NO. 04- 30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COSTA MESA, CALIFORNIA, ADOPTING A COUNCIL
POLICY REGULATING FIREWORKS SALES.

THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:

WHEREAS, the Costa Mesa Municipal Code contains certain regulations in Sections 9 - 179 through 9 - 190 governing the issuance of permits for sale of safe and sane fireworks and their discharge; and
WHEREAS, the code also contains provisionsto provide that the City Council may adopt further regulations by resolution; and
WHEREAS, the Council desires to enact such additional regulations; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa Mesa hereby adopts the attached Council Policy No. 400- 2.

PASSED AND ADOPTED this 3rdday of May, 2004.

ATTEST:

Deputy ity Clerk of the City of Costa —MesaMesa Mayor of th City of Costa Mesa

APPROVED AS TO FORM
1 City Attorney
644

STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )
I, JULIEFOLCIK, DeputyCityClerkandex -officioClerkof theCityCouncilofthe City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 04- 30 was duly and regularlypassedand adoptedby the saidCityCouncilat a regularmeetingthereofheldonthe3`ddayof May, 2004, bythefollowingrollcall vote:

AYES: Monahan, Steel, Scheafer
NOES: Mansoor, Cowan
ABSENT: None
IN WITNESSWHEREOF, I have hereuntoset my hand and affixedthe seal of the City of Costa Mesa this 4thday of May, 2004.

DepLify City Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa
2 645

CITY OF COSTA MESA, CALIFORNIA

COUNCIL POLICY

SUBJECT POLICY EFFECTIVE PAGE

NUMBER DATE
REGULATIONS GOVERNING FIREWORKS 400- 2 5/ 3/ 04 1 of 2

BACKGROUND
The Costa Mesa Municipal Code contains regulations governing the issuance of fireworks permits and the discharge of fireworks. These regulations are found in sections 9 - 179 through 9 -190. The City Council is authorized to enact further measures governing fireworks.

PURPOSE
The City Council wishes to adopt additional regulations governing the sale and discharge of fireworks in order to increase the protection and well- being of our citizens. The Council intends to tighten the safety regulations while still allowing our residents the limited use of fireworks.

POLICY
The City Council of Costa Mesa believes that the City residents can safely utilize fireworks to celebrate their patriotism when done according to reasonable safety regulations. Various youth oriented organizations should be permitted to sell fireworks to raise funds for support of valuable youth activities that contribute to the general strength, health and enjoyment of our residents. These goals can be obtained by limiting the number of fireworks stands and strictly prohibiting the sale of all dangerous fireworks.

REGULATIONS

1. The sale of "spinners" and similar fireworks and the sale of any fireworks that are intended to be "hand held" are prohibited. This prohibition shall be effective immediately for the sale of these devices individually or in homogeneous packages, and their sale within group packages containing an assortment of various fireworks devices shall be prohibited beginning in year 2006. The Fire Chief shall prepare ( and update as needed) a list of the common names of the various fireworks devices that are " hand held" and " spinners." This list will be made available to fireworks manufacturers, distributors and other interested persons.

2. No fireworks sale permit shall be issued to any organization that did not have a permit for year 2003.

3. No more than 4 permits each year may be issued to organizations based at a single school located within the City or where Costa Mesa residents constitute 50% or more of the students at a school located within 1 mile of the City boundary. 4/ 29/ 04
646

CITY OF COSTA MESA, CALIFORNIA

COUNCIL POLICY

SUBJECT POLICY EFFECTIVE PAGE

NUMBER DATE
REGULATIONS GOVERNING FIREWORKS 400- 2 5/ 3/ 04 2 of 2

4. The total number of permits for fireworks sale stands each year shall not exceed 40. The Finance Department will use a lottery system to allocate the permits if more than 40 qualified applicants file for permits in any year.

5. No permits shall be issued for any year unless the fireworks industry satisfies two requirements. First, it must prepare and distribute flyers in both English and Spanish explaining fireworks safety and water quality protection to all Costa Mesa schools for their students prior to June 15t . Before distribution, a sample of the flyer shall be submitted to the City Fire Chief for his comments. A sufficient number of these flyers must also be provided to the operators of the fireworks stands for distribution to all buyers. Second, the fireworks industry must provide to the Fire Department a sufficient number of signs for posting in City parks advising the public about the City's fireworks regulations. The City Fire Chief will provide the desired wording and design for the signs. 4/ 29/ 04
647
RESOLUTION NO. 2022- 018

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FULLERTON, CALIFORNIA, ADOPTING RULES AND REGULATIONS
FOR THE RETAIL SALE, POSSESSION AND DISCHARGE OF " SAFE AND SANE" FIREWORKS PURSUANT TO FULLERTON MUNICIPAL
CODE SECTION 7. 26. 010
City of Fullerton voters approved Ordinance No. 3183 allowing for the use, possession and discharge of " safe and sane" fireworks for private display within the City at the November 6, 2012 General Municipal Election.

Ordinance No. 3183 repealed and replaced the then -existing Fullerton Municipal Code.

Title 7 (Public Safety and Morals), Chapter 7. 26 ( Fireworks Prohibited).

Fullerton Municipal Code Section 7.26. 010, as established by Ordinance No. 3183, provides that the City shall permit the sale, possession and discharge of " safe and sane" fireworks for private display within the City, in accordance with rules and regulations adopted by ordinance or resolution of the City Council, relating to the following: who may sell fireworks, the limited dates and times for the sale and discharge of such fireworks, the manner, location and any required permits for the sale, storage, possession, discharge and/ or disposal of such fireworks etc.

City Council desires to adopt this Resolution to update the rules and regulations for the retail sale, possession and discharge of "safe and sane" fireworks pursuant to Fullerton Municipal Code Section 7.26. 010, as established by Ordinance No. 3183.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Permits to sell fireworks. No person, firm or corporation shall sell at retail or offer for retail sale any fireworks within the city without first obtaining a permit from the City. Each year, the City will issue a maximum of fifteen permits to qualifying applicants as set forth in this resolution. The City shall select qualifying applicants to receive permits via lottery.

2. Qualifying applicants.

A. To qualify to receive a permit, an applicant must meet the requirements of one of the following categories:
1) Organizations. A tax- exempt charity, nonprofit or other organization pursuant to the Internal Revenue Code or the California Revenue and Taxation Code or the local chapter of any such group that:
a. is established at least one year prior to the filing of the application 648
Resolution No. 2022- 018

Page 2 ends

b. is formed primarily for veteran, patriotic, welfare, civic or business betterment, religious, athletic, youth or charitable purposes specifically to benefit the citizens of the City
C. Has its principal and permanent meeting place, office or service facility in the City and has operated at that location for at least one year
d. Provides benefits and/or services to the citizens of the City as its primary operation.
or
2) Schools. A school, as recognized by the State of California, including elementary, junior high, high school, colleges and universities located within the boundaries of the City or any student group, club, booster group or organization formed to support any program, even if operating under a separate tax identification number, of such a school and officially recognized by the school.

B. A qualifying organization or school may only submit one application for a fireworks sale permit. The City shall treat an application from a student group, club, booster group or other school organization as an application from the school to which it belongs. A letter from the head of the institution ( principal, dean, etc.) recognizing the group as the school' s designated applicant must accompany the lottery application.

C. An applicant must meet all application requirements to qualify for fireworks lottery eligibility.

3. Lottery application requirements. The City Clerk's Office will make application forms available throughout the month of March. Each applicant shall file a completed lottery application with the City Clerk's Office by the last business day in March, at which time the application period for that year will close. An application must comply with all instructions on the application form. Lottery application requirements may include, but are not limited to, submittal of proof of qualifying applicant status, a list of names and addresses of organization officers and a letter from a school designating a representative school group as the school' s applicant, when applicable. Applicants must submit a nonrefundable application fee in an amount set by resolution with a completed application. The City may ask applicants for additional documentation verifying the information submitted in an application. If an applicant does not provide such documentation, the City will deem the application incomplete and ineligible for the lottery.

4. Lottery. After the close of the application period, the City will hold a lottery to randomly select permit recipients from all qualified applicants who submitted 649
Resolution No. 2022- 018

Page 3 ends

complete applications and the application fee by the application deadline.

Youth Sports Partner League Lottery. The City will randomly select five applications from all qualified youth sports partner league ( as identified by the City of Fullerton Parks and Recreation Department) organization applications to advance to the permit phase and then draw five youth sports partner league applications as youth sports partner league sales permit alternates. In the event that any of the five youth sports partner league applicants selected to advance to the permit phase fails to obtain a sales permit by the sales permit application deadline, the City will give the alternate youth sports partner league applicants, in order drawn, the opportunity to apply for a youth sports partner league fireworks sales permit.

All Other Organizations Lottery. The City will randomly select ten applications from the applications of all qualified organizations other than the youth sports partner league organizations to advance the permit phase and then draw five additional non -youth sports partner league applications as the non -youth sports partner league organizations sales permit alternates. In the event that any of the ten non - youth sports partner league applicants selected to advance to the permit phase fails to obtain a sales permit by the permit application deadline, the City will give the alternate non -youth sports partner league applicants, in order drawn, the opportunity to apply for a non -youth sports fireworks sales permit.

Should all alternates from either alternate list advance to the permit phase, staff will invite alternates, in the order drawn, from the remaining alternate list to advance to the permit phase for any spot that comes available.

5. Permit application requirements. A selected applicant must submit a completed permit application to the Fire Marshal and pay all necessary fees ( as set by resolution) to receive a fireworks sales permit. An application must comply with all instructions on the application form. Permit application requirements may include, but are not limited to, identification of the proposed fireworks stand location, a copy of a retail fireworks permit issued by the State Fire Marshal, a copy of a temporary sales tax permit issued by the State Board of Equalization and a copy of a City business license. A permit holder may operate no more than one fireworks stand, in an approved location. Permits are non- transferrable. A permit holder may not share a permit or profits with any other entity except another lottery drawing applicant from that same year.

6. Fireworks Safety Training Class: Vendors must invite a representative of the Fire Department to attend a fireworks safety training class before issuance of the sales permit.
7 Fireworks stands operation. All permit holders shall comply with the conditions set forth in the permit. All permit holders shall also comply with the Minimum Requirements for Fireworks Stands provided upon permit issuance. Permit 650
Resolution No. 2022- 018

Page 4 ends

holders may sell fireworks between the hours of 12:00 p.m. and 10:00 p.m. on July 1, 2 and 3 and between the hours of 10:00 a.m. and 9:00 p.m. on July 4.

8. Insurance. All permit holders shall pay for and maintain in full force and effect throughout the term of the permit public liability and property damage insurance covering a permit holder's operations in and about its fireworks stand with a minimum one million dollars per occurrence, two million dollars general aggregate and naming the City as an additional insured. Permit holders must pay any deductible or self -insured retention and declare to and receive approval from the City. A permit holder shall file certificates of such insurance with the Fire Marshal at the time applicant submits the permit application.

9. Financial Report: Permit holders shall submit a financial report using the form provided with the Permit Application to the City Clerk's Office by September 1.

Failure to submit the Financial Report will disqualify the organization from future lottery participation.

10. Noncompliance: Failure to comply with the rules and regulations governing the sale, possession and discharge of Safe and Sane Fireworks will result in the immediate invalidation of any current permit and forfeiture of eligibility for the lottery drawing in the next sales cycle. Applicants may appeal any dispute with staff determination of noncompliance to the Parks and Recreation Commission.

11. Fireworks discharge. Individuals who have purchased safe and sane fireworks from an approved fireworks stand may discharge such fireworks on July 4th of every year between the hours of 10:00 a. m. and 10:00 p.m. Any person discharging permitted fireworks shall adhere to the following:

A. No person under the age of sixteen ( 16) years shall discharge any fireworks.

B. No person shall throw, toss, project or position an ignited firework of any kind in such a manner as to cause the firework or contents thereof to come in contact with their own or any other person's body, personal property or real property.

C. The discharge of fireworks
without the property owne r
D. The discharge of fireworks shall not be permitted on public property, including, but not limited to, parks, sidewalks, streets and alleys.

E. The discharge of fireworks shall not be permitted in any area within the Very High and High Fire Hazard Severity Zones as designated in the map issued by the California Department of Forestry and Fire 651
Resolution No. 2022- 018

Page 5 ends

Protection. This map may be viewed at the Fire Department, City Clerk's Office, on the City's website and at fireworks stands.

F. The discharge of fireworks shall not be permitted in any oil or gas station or on any premises where gasoline or other flammable liquids are stored or dispensed.

G. The discharge of fireworks shall not be permitted within ten feet of any building or structure.

H. The discharge of fireworks shall not be permitted underneath any tree or combustible structure.

12. Seizure of Fireworks. The Fire Chief, or designee, may seize any fireworks pursuant to and in accordance with Health and Safety Code Sections 12721 et seq. and any other applicable law, in the event that any person possesses, sells, or discharges fireworks in an illegal manner and/or in a manner that poses an imminent threat to public health or safety
ATTEST:

Ma Williams, MMC
Clerk
IP
Fred Jung_ "
Mayor
652
City of Fullerton

RESOLUTION CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF FULLERTON )
RESOLUTION NO. 2022- 018
I, Lucinda Williams, City Clerk and ex-officio Clerk of the City Council of the City of Fullerton, California, hereby certify that the whole number of the members of the City Council of the City of Fullerton is five, and that the City Council adopted the above and foregoing Resolution No. 2022- 018 at a regular meeting of the City Council held on the March 1, 2022 by the following vote:

COUNCIL MEMBERS IN FAVOR:

COUNCIL MEMBERS OPPOSED
COUNCIL MEMBERS ABSTAINED:

COUNCIL MEMBERS ABSENT
ida' WilliamsMMCClerlk ,
Jung,
Whitaker, Dunlap, Silva, Zahra None
None
None
653
RESOLUTION NO. 2015- 04

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF HUNTINGTON BEACH IMPLEMENTING
CHARTER SECTION 805 AND MUNICIPAL CODE CHAPTER 5. 90

REGARDING SAFE AND SANE FIREWORKS
WHEREAS, the voters of the City of Huntington Beach approved an amendmentto the Huntington Beach Charter adding Section 805 permitting the saleand dischargeof Safe and Sane Fireworks subject to City Council regulations; and
The Council finds that orderly distribution and sale of Safe and Sane Fireworks will be accomplishedby setting forth rules and proceduresvia resolution, NOW, THEREFORE, the City Council of the City of Huntington Beach doeshereby resolve as follows:

SECTION 1. The City Manager is hereby authorizedto implement this resolution, Huntington Beach Municipal Code ( HBMC) Chapter 5. 90 and Charter Section 805.

SECTION 2. No Permit, asdefined by the HBMC, shall be issuedto any Qualified Organization that doesnot satisfy the requirementsprovided in this Resolution or HBMC Chapter 5. 90.

A. The maximum number of Permits that may be issuedshall be fifteen Permits during any one calendaryear asfollows: A maximum of five Permits shall be issuedto Qualified Organizations in eachof the three categoriesprovided below, to which an applicant may apply for only one of the categories:

Youth Sports— Youth sports organizations operating within the City whose main purpose is to benefit a valid youth sports activity. Examples include but are not limited to little league, " AYSO" soccer, youth football, basketball, tennis, golf This category doesnot include high school extracurricular activities/ sports.

High School— High school institutions or groups operating within the City that agreeto use the proceeds for the benefit of valid student extracurricular activities/ sports.

Civic Organizations— Civic organizations operating within the City whose main purpose is primarily for civic betterment, or charitable or religious purposes. This category does not include high school extracurricular activities or youth sports, but doesinclude adult sports organizations.

B. ApplicationsmaybefiledwiththeCityClerkbeginningMarch1st, continuingupto 5:00 p.m. onthelastbusinessdayin Marchof thesameyear, atwhich timethefiling period for that year will be closed.

C. TheCity Clerk shallconductalottery to choosefifteenqualifiedPermitteesthatmaysell fireworksin theCity pursuantto HBMC Chapter5.90. Thelotterywill beconducted during a City Council meeting andthe City Clerk using somemeansof random selection. 15- 4540/ 116499. docx
654
Resolution No. 2015- 04
D. In Addition to the requirements of HBMC Chapter 5.90 Qualified Applicants must be organizedprimarily for veterans, patriotic, welfare, civic betterment, religious, athletic, educational, youthdevelopmentor charitablepurposes; musthavetheirprincipaland permanentmeeting place within the City; provides direct and regular community services andbenefitsto theresidentsof theCity; andhaveaminimumbonafide membershipof at least20memberswho eitherresidein theCity, areemployedin theCity, or areowners or operatorsof a businessor other establishmentlocated in the City.

E. If morethanoneapplicationis submittedonbehalfof anynonprofitorganizationor affiliated organization, the City may disregard one or all of the applications at its sole discretion. Any attempt to transfer an application shall void that application andmay preclude an applicant from participating in the lottery in future years.

F. On a form provided by the City, Qualified Orginizations shall provide: the proposed location of the fireworks stand; the name, address and 24- hour telephone number of one or more responsible adults who will be in charge of and responsible for the fireworks standduring the period fireworks aresold, displayed or storedat such location; and written permission from the owner of record and/or lessor and/or managementcompany of thepropertyuponwhich saidfireworksstandis proposedto belocated; theproof of the applicant's statusasa qualified organization; datewhen the applicant was organized and established; the namesand addressesof the officers, if any, of the applicant; the name, address, and California StateFire Marshal' s license number of any wholesaler or distributorfrom whomtheQualifiedApplicantor retailerproposesto purchasefor resale; the applicant's StateBoard of Equalization salestax permit number; the manner, method and times regarding how the applicant proposesto sell Safeand SaneFireworks; a copy of the requisite retail salespermit issuedby the Office of the California StateFire Marshal; and evidenceof a temporary salestax permit from the California StateBoard of Equalization.

SECTION 3. Permittees shall provide certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M. Best's rating of no less than an A.

A. General Liability: $ 1,000,000 per occurrencefor bodily injury, personalinjury and property damage. If Commercial General Liability Insurance or other form with a generalaggregatelimit is used, either the general aggregatelimit shall apply separately to this project/location or the generalaggregatelimit shall be twice the required occurrence limit. " Claims made" designation is only acceptablefor professional or pollution liability insurance. The City of Huntington Beach, its officers, electedor appointed officials, employees, agents and volunteers must be named as certificate holder and as additional insured by separate attached endorsement. ( This wording must be exact.)
B. Any deductibles, self-insured retentions or similar forms of coveragelimitations or modifications must be declaredto and approved by the City.

C. Permittee shall include all sub-Permitteesor subcontractors, if any, asinsured under its policiesor shallfurnishseparatecertificatesandendorsementsfor eachsub-Permittees 15- 4540/ 116499. docx
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Resolution No. 2015- 04
or subcontractors. All coverage for sub- Permittees shall be subject to all of the requirements stated herein.

SECTION 4. Permitteesagree, asa condition of receiving a Permit, to protect, defend, indemnify, andholdharmless, theCity, theCity Council, its officers, electedor appointed officials, employees, agents, and volunteers from and against any and all third party claims, damages, losses, expenses,judgments, demandsanddefensecosts, howevercaused, resulting from deathor injury to Permitteeemployees, volunteers, customers, and/or anythird party, and/or damageto Permitteeproperty, arising directly or indirectly out of the obligations or operationsundertakenby Permitteeby virtue of thePermitissuance, causedin wholeor in part by anyactor omissionof thePermittee, anysubcontractors, anyonedirectlyor indirectly employedor volunteersor anyonefor whoseactsanyof themmaybeliable, includingbut not limited to, concurrentactivenegligence, exceptwherecausedby thesoleactivenegligence, or willful misconduct of the City.

In the event of an injury, claim, lawsuit, or any other dispute, the Permittee will conduct all legal defensesto thoseinjuries, claims, lawsuits, or anyotherdisputes, includingthedefenseof the City if applicable, at its solecostandexpense, andatno costor expenseto theCity.

The City shall approve selection of Permittee's counsel. This defenseand indemnity obligation shall apply to all claims and liability regardlessof whether any defensesand insurancepolicies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Permittee.

PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of February 2015.

MM r
REVIE
SAND
APPROVED: APPROVED ASJO FO
Cit// M ger C' Attorney
ATED PPROVED:

Assistant City er
15- 4540/ 116499. docx
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1 Res. No. 2015- 04

STATE OF CALIFORNIA
COUNTY OF ORANGE ss:

CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on February 2, 2015 by the following vote:

AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, Peterson NOES: None
ABSENT: None
ABSTAIN: None
City Merkand ex- officio erk of the
City Council of the City of
Huntington Beach, California
657
Agenda Item
City Council
Item #: 7.5. 3/12/2024 File #: 23-0688
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
First Amendment to Agreement with 4Leaf, Inc. for supplemental code enforcement services.

2. SUMMARY
First Amendment to the Agreement with 4Leaf, Inc. to increase the contract amount by $180,000 to cover the cost of supplemental code enforcement services incurred through March 16, 2024. Should the City Council desire the same level of services through June 30, 2024, the cost would be an additional $105,000.

3. RECOMMENDED ACTION

1. Approve the amendment to the agreement with 4Leaf, Inc. to increase compensation by $180,000 using department salary savings for supplemental code enforcement services through March 16, 2024, and authorize the Mayor and City Clerk to execute on behalf of the city; OR

2. Authorize and approve the revision to the First Amendment with 4Leaf, Inc to increase compensation by $285,000, of which $180,000 is from department salary savings and $105,000 is from the unreserved General Fund balance for supplemental code enforcement services through June 30, 2024, and authorize the Mayor and City Clerk to execute on behalf of the city; and authorize the appropriation of $105,000 from the General Fund (100) unreserved fund balance to expenditure account 100.6032.51780.00000 - Other Contractual Services.

4. FISCAL IMPACT
To cover the cost incurred through March 16, 2024, the total expenditure for this amendment is $180,000 and will be funded by salary savings from the Fiscal Year 23-24 adopted budget in the General Fund (100). If services are continued through June 30, 2024, the total expenditure for this amendment is $285,000, of which $180,000 is from the current approved department General Fund budget (100) and $105,000 is from the unreserved General Fund (100) balance. Upon approval of this appropriation, the estimated fund balance for the General Fund at June 30, 2024 will be ($2,455,495).

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
Over the course of the last year, the desire for enhanced Code Enforcement services has intensified due to unpermitted sidewalk vendors, food trucks, short-term rentals, flower vendors, political signs, and a myriad of other standard Code Enforcement tasks.

In effort to keep up with the demand to remediate violations and address complaints throughout the City in a timely manner on weekdays, evenings, and weekends, the City entered into an Agreement with 4Leaf, Inc. for additional Code Enforcement staffing.

The approval of the Amendment to the Agreement to increase the contract services by $180,000 (to be paid from department salary savings) will cover the cost of supplemental Code Enforcement services through March 16, 2024.

If the City Council desires to continue the same level of service utilizing 4Leaf, Inc. services through June 30, 2024, the First Amendment to the Agreement would need to be increased by an additional $105,000 ($30,000 per month from March 17, 2024, to June 30, 2024).

To reduce the cost of augmented staffing in Fiscal Year 2025 and continue the level of service and responsiveness currently being facilitated by the Agreement with 4Leaf, staff is proposing to hire two new 30-hour benefited code enforcement positions through the mid-year adjustments (Item 7.1). The approval of the positions will allow the City to phase out the services currently being provided by 4Leaf with part-time city staff, which results in a difference of approximately $210,000 less annually and maintain the same level of augmented Code Enforcement services.

Background on Growing Need for Code Enforcement Services The City’sSidewalk Vending Permit program was adopted on April 11, 2023, under Ordinance No. 03 -23, which implemented sidewalk vending regulations to provide a licensing and permitting process and establish operational requirements for sidewalk vendors. The adoption of this ordinance brought the Orange Municipal Code into alignment with Senate Bill (SB) 946 with the objective of protecting the health, safety, and welfare of the community.

On July 25, 2023, the City Council adopted Ordinance No. 09-23, providing for the legal authority to impound items related to unpermitted sidewalk vendors who failed or refused to comply with the sidewalk vending regulations. The implementation of this ordinance provided for both individual and joint enforcement operations between city and contract staff to contact unpermitted sidewalk vendors and initiate impoundment actions.

On August 24, 2023, the City Council adopted a Mobile Vending Vehicle Permit program to regulate food trucks and trailers operators on public and private property in response to the increasing number of illegal food vehicle operators competing with illegal sidewalk vendors citywide.

Lastly, in July and August of 2023, the city began receiving hundreds of public complaints regarding illegal short-term rental operators violating the city’sShort-Term Rental (STR) program which only allowed for 125 STR permit holders to legally operate citywide.

Approval of the proposed contract amendment would result in citywide staffing coverage of one daytime Code Officer for STR enforcement and three evenings per week for sidewalk vending enforcement. By being more consistent and having more Code Enforcement Officers, a significant reduction in the number of unpermitted and unlicensed sidewalk, mobile vehicle vendors, and STRs City of Orange Printed on 3/7/2024Page 2 of 3
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Item #: 7.5. 3/12/2024 File #: 23-0688
reduction in the number of unpermitted and unlicensed sidewalk, mobile vehicle vendors, and STRs is expected.

7. ATTACHMENTS
· First Amendment to Agreement with 4Leaf, Inc.

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660
Agenda Item
City Council
Item #: 7.5. 3/12/2024 File #: 23-0688
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
First Amendment to Agreement with 4Leaf, Inc. for supplemental code enforcement services.

3. RECOMMENDED ACTION

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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Item #: 7.5. 3/12/2024 File #: 23-0688

Approval of the proposed contract amendment would result in citywide staffing coverage of one daytime Code Officer for STR enforcement and three evenings per week for sidewalk vending enforcement. By being more consistent and having more Code Enforcement Officers, a significant reduction in the number of unpermitted and unlicensed sidewalk, mobile vehicle vendors, and STRs City of Orange Printed on 3/7/2024Page 2 of 3
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662
Item #: 7.5. 3/12/2024 File #: 23-0688
reduction in the number of unpermitted and unlicensed sidewalk, mobile vehicle vendors, and STRs is expected.

7. ATTACHMENTS
· First Amendment to Agreement with 4Leaf, Inc.

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FIRST AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT
[Supplemental Code Enforcement Services]

THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the “First Amendment”) is made and entered into as of _____ ____________, 2024, by and between the CITY OF ORANGE, a municipal corporation (“City”), and 4LEAF, INC., a California corporation (“Contractor”), with reference to the following:

A. City and Contractor entered into a Professional Services Agreement (Agreement No. 7517) dated as of July 10, 2023, which is incorporated herein by this reference (the “Original Agreement”); and

B. City and Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement by increasing the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

Section 2. Cross-References. City and Contractor agree that all references in this First Amendment are deemed and construed to refer to the Original Agreement, as implemented by this First Amendment.

Section 3 Compensation. The total not -to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by ONE HUNDRED EIGHTY THOUSAND DOLLARS and 00/100 ($180,000.00) and Section 2.a is hereby amended in its entirety to read as follows:

“Contractor's total compensation for all services performed under this Agreement, shall not exceed TWO HUNDRED NINE THOUSAND DOLLARS and 00/100 ($209,000.00) without the prior written authorization of City.”

Section 4. Integration. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisi ons of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.

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2 IN WITNESS of this First Amendment, the parties enter into this First Amendment on the year and day first above written.

“CONTRACTOR” “CITY”

4LEAF, INC. a California corporation CITY OF ORANGE, a municipal corporation

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Melissa M. Crosthwaite
Senior Assistant City Attorney

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

√

665
Agenda Item
City Council
Item #: 7.6. 3/12/2024 File #: 24-0142
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Agreement with Bludot Technologies, Inc. for shop local program rewards software.

2. SUMMARY
Agreement with Bludot Technologies, Inc. to provide a mobile application and software for a rewards program to encourage residents and visitors to support local businesses.

3. RECOMMENDED ACTION

1. Approve the agreement with Bludot Technologies, Inc. in the amount of $5,940 for shop local program rewards software; and authorize the City Manager to execute on behalf of the City.

2. Approve the use of $30,000 from account 100.0201.51670.00000 to fund the rewards program.

4. FISCAL IMPACT
The expense for this program is $35,940 and will be funded through:
100.0201.51670.00000 General Fund Other Professional & Consulting Services

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 City of Orange Economic Development program seeks to foster an environment that expands economic opportunities. An important component of this effort is support for local businesses so that Orange has a thriving business community to create and retain jobs, generate revenue to support City services, and spur private property investment.

Shop Local programs support businesses by encouraging residents and visitors to spend their money at local businesses. City staff is proposing the development of a Shop Local program for the City of Orange with the following components:
· Educational Marketing Program - Many people don’trealize where they spend their dollars impacts local jobs and city services. An educational marketing program will give residents the information they need to make informed decisions about where they spend their money. · Shop Local Branding - City staff are working on creating branding to help people identify their purchasing decisions with support for the community. While many cities call their program City of Orange Printed on 3/7/2024Page 1 of 2
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Item #: 7.6. 3/12/2024 File #: 24-0142
their purchasing decisions with support for the community. While many cities call their program “Shop”followed by the city name - “Shop Orange” - staff is tentatively looking at calling the program “ExperienceOrange”to include both retail and service businesses while also creating a brand that can be broadened to encompass destination marketing. · Shop Local Rewards - A program where people can earn rewards by supporting local businesses. This program can be targeted to support small businesses that do not have their own rewards program.

The City would partner with the Orange Chamber of Commerce to promote the program and outreach to local businesses. The proposed agreement with Bludot Technologies, Inc. (Bludot) would provide the software for an app-based shop local rewards program. City staff surveyed multiple shop local rewards programs and is recommending Bludot based on its low cost and ease of use for both consumers and businesses.

Bludot’sOpen Rewards shop local app allows members of the community to earn cash-back rewards whenever they shop locally. Residents can choose to link the app to a payment card to earn rewards automatically, or upload photos of receipts. The City sets the rewards parameters such as the rewards percentage that can be earned per transaction and provides the funding for the rewards. The initial rewards funding of $30,000 should last several months to allow for staff to evaluate the effectiveness of the program. Additional rewards funding may be added at a future date as part of the City’s budget process.

7. ATTACHMENT
· Agreement with Bludot Technologies, Inc.

City of Orange Printed on 3/7/2024Page 2 of 2
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667
Agenda Item
City Council
Item #: 7.6. 3/12/2024 File #: 24-0142
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Agreement with Bludot Technologies, Inc. for shop local program rewards software.

2. SUMMARY
Agreement with Bludot Technologies, Inc. to provide a mobile application and software for a rewards program to encourage residents and visitors to support local businesses.

3. RECOMMENDED ACTION

1. Approve the agreement with Bludot Technologies, Inc. in the amount of $5,940 for shop local program rewards software; and authorize the City Manager to execute on behalf of the City.

2. Approve the use of $30,000 from account 100.0201.51670.00000 to fund the rewards program.

4. FISCAL IMPACT
The expense for this program is $35,940 and will be funded through:
100.0201.51670.00000 General Fund Other Professional & Consulting Services

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

Shop Local programs support businesses by encouraging residents and visitors to spend their money at local businesses. City staff is proposing the development of a Shop Local program for the City of Orange with the following components:
· Educational Marketing Program - Many people don’trealize where they spend their dollars impacts local jobs and city services. An educational marketing program will give residents the information they need to make informed decisions about where they spend their money. · Shop Local Branding - City staff are working on creating branding to help people identify their purchasing decisions with support for the community. While many cities call their program City of Orange Printed on 3/7/2024Page 1 of 2
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Item #: 7.6. 3/12/2024 File #: 24-0142
their purchasing decisions with support for the community. While many cities call their program “Shop”followed by the city name - “Shop Orange” - staff is tentatively looking at calling the program “ExperienceOrange”to include both retail and service businesses while also creating a brand that can be broadened to encompass destination marketing. · Shop Local Rewards - A program where people can earn rewards by supporting local businesses. This program can be targeted to support small businesses that do not have their own rewards program.

7. ATTACHMENT
· Agreement with Bludot Technologies, Inc.

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PROPOSAL
City of Orange, CA
Prepared January 31, 2024
bludot
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BLUDOT.IO

BLUDOT SERVICE SUMMARY
Who we are
Economic development makes a profound difference in our local communities, impacting the jobs we hold, the places we live and the establishments we visit. Bludot is committed to be the trusted technology partner and to empower the economic development teams with the tools and data that help maximize their impact.

Bludot is a technology company offering cloud-based software solutions for local governments’ economic development teams. Born out of a 16-week partnership inside of a customer’s city hall, Bludot is purpose- built to meet the needs of any communities’ economic development efforts. Bludot’s software suite includes three core products: Bludot CRM, Bludot Open Business Directory and Open Rewards.

Our products
Bludot CRM is a web solution that allows a local government’s economic development team to manage, track and engage with their local businesses. It is pre-populated with comprehensive data for all businesses within the jurisdiction. It includes functionalities to segment businesses, analyze in a map, centralize all touch-points for each business in one profile, send targeted communication to select group of businesses, track open rates and responses, integrate surveys and more. It offers a platform where staff members can collaborate and share knowledge that are critical in local Business Retention and Expansion as well as Attraction efforts. Over 170 communities across 27 states have adopted Bludot for their economic development departments.

Bludot Open is a public-facing site that lets each community promote the local businesses in their community. It provides a simple, easy to use interface that can be accessed in any browser on any device.

Businesses are able to visit the site and update their information directly, including their hours of operation, website, social media links, online ordering links, even promotions, job openings, and gallery. All changes go through city administrator users for approval before publishing live. Consumers will be able to visit the site, find local businesses, and view their latest information. Bludot Open serves as another valuable resource that local cities can leverage to help local businesses boost their digital presence, get found, and increase sales.

Open Rewards is a community-wide rewards program that stimulates local economy by incentivizing consumers to shop local. The program lets consumers earn a percentage of rewards when they shop at the eligible businesses within the community, and can use the rewards they’ve earned at any other eligible businesses within that same community. The community program administrators may decide the appropriate percentage, funding, eligible businesses and additional program parameters. Since launching in 2022, Open Rewards is live in communities across the country such as Indio, CA and Arlington, VA with over 85% of users indicating that it has positively influenced their decision to shop local. bludot
671
BLUDOT.IO
Open Rewards is a one-of-a-kind shop local app built specifically for local communities.

Open Rewards allows members of the community to earn cash back rewards whenever they shop locally. It was designed around a simple philosophy: shopping locally benefits the entire community, not just a single business.
open
rewards

EARN CASH BACK
Shoppers can earn rewards
on every purchase at eligible
local businesses

NO ADMINISTRATIVE BURDEN
No administrative burden to
operate or maintain

POSITIVE INCENTIVE
Over 90% of users indicated
that Open Rewards positively
influenced them to shop local

ECONOMIC IMPACT
Communities see over 20X
return on investment in local
economic impact
$
$
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BLUDOT.IO

PRICING OVERVIEW
Open Rewards
| Open Rewards: 250-500 Businesses (Tier 2)
What’s included
• Turn-key shop local platform: Let consumers earn cash back rewards when they shop at local businesses in your jurisdiction with Bludot’s Open Rewards app • No action required from businesses: Businesses do not have to sign up, add anything to their existing POS systems or train staff on accepting a new form of payment • Supports all methods of payment: Credit card, debit card and cash are all supported • Minimal administrative overhead: Communities are not required to process receipts, administer rewards or enroll businesses in the program
• Data dashboard: Pre-built reporting dashboard that give insights into transactions per business, total transactions, ROI, rewards earned, rewards redeemed and more • Promotion & marketing support: Bludot will create a branded landing page, as well as additional print and digital assets for launch
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ORDER FORM
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This SaaS Services Agreement (“Agreement”) is entered into between Bludot Technologies Inc. (“Company”) and the Customer listed above (“Customer”). This Agreement applies to and incorporates the above Order Form as \JQQFX'QZITY9JWRXFSI(TSINYNTSX9MJWJXMFQQGJSTKTWHJTWJKKJHYYTFS^INKKJWJSYYJWRXTKFS^WJQFYJI UZWHMFXJTWIJWTWXNRNQFWKTWRJ[JSNKXNLSJIG^YMJUFWYNJXFKYJWYMJIFYJMJWJTK )*8(7.59.43 57.(*
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BLUDOT.IO

SET UP AND CONFIGURATION
Open Rewards
Program set up and configuration
• Program parameters: Each community is able to configure the parameters of the program.

This allows us to build a rewards program to fit your budget and community needs • Rewards fund amount: This is the amount of money your community is putting in the rewards pool. Additional funds can be added to the account at any time • Rewards percentage: This is the percentage a consumer will earn on their purchases.

The default is 5%, but this can be adjusted. The program also allows for changes in rewards percentages for limited-time periods (i.e. Restaurant Week, Small Business Saturday, etc.)
• Rewards expiration: This allows your community to choose if rewards should expire if they are not used within a certain period of time. Expired rewards will return to the community rewards fund and available for distribution to other users • Maximum rewards earned: This configuration controls the maximum amount of rewards that can be earned per transaction, whether a user can earn rewards on repeat visits or if a user can only earn a certain about of rewards in totality • User incentives: This decides the strategy for incentivizing shoppers to download and use Open Rewards. Incentives include voucher codes that give users money when entered (limits are all configurable), sign-up bonuses and referral bonuses • Business data collection: Bludot is able to import the businesses that will be participating in the Open Rewards program. Your community can send spreadsheet(s) of business information over to your dedicated Bludot customer success representative to import • Suggested business information includes: Business name, address, website and social media
• Supplemental data: Bludot is able to import all business data for you. All business data is matched against Google and other data providers to pull supplemental datapoints like social media links, website links, business photos, hours of operation, contact information and more
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Terms and Conditions

1. ACCEPTANCE OF TERMS

Thank you for using Bludot Technologies Inc. ("Company")’s products, services, websites, and apps which are branded as “Bludot” or “Bludot Open” (collectively “Services”).

Company provides its Services to you through its website located at https://bludot.io (the "Site"), including all subdomains such as https://open.bludot.io and https://app.bludot.io, application programming interface (the "API"), or any mobile application (the "Mobile App", together with the Site and the API, the "Application"), subject to this Terms and Conditions agreement ("Agreement"). You ("Customer") indicate your acceptance of this Agreement by clicking or tapping on a button indicating your acceptance of this Agreement, by executing a document that references them, or by using the Services. If you are entering into this Agreement on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this Agreement, in which case the terms "you", "your", or "Customer" shall refer to such entity and its affiliates.

2. SERVICES AND SUPPORT

2.1 The "Services" means (a) the Application, (b) all software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the "Content") and all modifications thereto.

2.2 Company reserves the right to alter the Services at any time. Company may provide, from time to time, enhancements to the Services which are added to the Services under this Agreement at no additional cost (“Enhancements”). Company may also provide, from time to time, additional features to the Services which may, but are not required to, be added to the Services under this Agreement at an additional cost (“Optional Features”). The parties understand and agree that access to and use of such Optional Features will be subject to both payment of the applicable fees therefor as well as additional or different terms and conditions applicable to such Optional Features.

2.3 Subject to the terms hereof, Company will provide Customer with reasonable technical support services in accordance with Company’s standard practice.

3. RESTRICTIONS AND RESPONSIBILITIES

3.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.

3.2 Further, Customer may not remove or export from the United States or allow the export or re-export of the Services, Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

3.3 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. Customer hereby agrees to indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Customer’s use of Services. Although Company has no obligation to monitor Customer’s use of the 676 Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

3.4 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent.

4. CONFIDENTIALITY; PROPRIETARY RIGHTS

4.1 Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Company includes non-public information regarding features, functionality and performance of the Service. Proprietary Information of Customer includes non-public data provided by Customer to Company to enable the provision of the Services (“Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.

4.2 Customer shall own all right, title and interest in and to the Customer Data. Company shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.

4.3 Notwithstanding anything to the contrary, Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.

4.4 Company may collect information from third party services via integrations you initiate ("Connected Account Data"). Connected Account Data may be stored and processed by Company after an integration is disconnected for the purpose of providing the Services. Connected Account Data is maintained for the duration your organization's account is active.

5. PAYMENT OF FEES

5.1 To the extent the Services or any portion thereof is made available for any fee, Customer will be required to make payment according to the selected subscription tier. Such subscription tier may include the option to prepay for access to the Services before it begins or to receive an invoice for payment after use of the Services has begun. Additional information on our subscription tier is available in the Order Form. In the case that the subscription tier selected by Customer involves recurring payments, Customer authorizes Company to bill the provided payment instrument on a periodic basis in accordance with the terms of the applicable subscription tier until termination of Customer account.

5.2 If Customer’s use of the Services requires payment of additional fees (per the terms of this Agreement), Customer shall be billed for such usage and Customer agrees to pay the additional fees in the manner provided herein. Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then current renewal term, upon thirty (30) days prior notice to Customer. If Customer believes that Company has billed Customer incorrectly, Customer must contact Company no later than 60 days after the closing date on the first billing 677 statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Company’s customer support department.

5.3 All fees invoiced by Company must be received within thirty (30) days after the invoice date. Customer agrees that unless otherwise set forth in this Agreement, all fees paid and payable to Company under this Agreement shall be non-refundable. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. Customer shall be responsible for all taxes associated with Services other than U.S. taxes based on Company’s net income.

6. TERM AND TERMINATION

6.1 To the extent the Services or any portion thereof is made available for any fee, subject to earlier termination as provided below, this Agreement is for the Initial Service Term as specified in the Order Form, and shall be automatically renewed for additional periods of the same duration as the Initial Service Term (collectively, the “Term”), unless either party requests termination at least thirty (30) days prior to the end of the then-current term.

6.2 In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days’ notice, if the other party materially breaches any of the terms or conditions of this Agreement. If any payment is due, Customer will pay in full for the Services up to and including the last day on which the Services are provided. Upon any termination, Company will make all Customer Data available to Customer for electronic retrieval for a period of thirty (30) days. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

7. WARRANTY AND DISCLAIMER

Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT

MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

8. INDEMNITY

Company shall hold Customer harmless from liability to third parties resulting from infringement by the Services of any United States patent or any copyright or misappropriation of any trade secret, provided Company is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Company will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not apply with respect to portions or components of the Services (i) not supplied by Company, (ii) made in whole or in part in accordance with Customer specifications, (iii) that are modified after delivery by Company, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer’s use of the Services is not strictly in accordance with this Agreement. If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by Company to be infringing, Company may, at its option and expense (a) replace or modify the Services to be non- infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for Customer a license to continue using the Services, or (c) if neither of the foregoing is commercially practicable, terminate this Agreement and Customer’s rights hereunder and provide Customer a refund of any prepaid, unused fees for the Services.

9. LIMITATION OF LIABILITY
678

NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON,

COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND

TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER

OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE

OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH

AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT

THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. MISCELLANEOUS

10.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with Company’s prior written consent. Company may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Company in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. Customer agrees to reasonably cooperate with Company to serve as a reference account upon request.

10.2 Competitive Procurement Selection Process. The competitive procurement selection process by which Customer contracts with Company may be acknowledged and used by other government entities to replace their respective competitive procurement selection process for RFP purposes such that other government entities may contract with Company for the same or substantially similar product(s) or service(s) without undergoing a separate competitive procurement selection process.

10.3 Piggy-Back Contracting. The terms, conditions, and prices of this contract executed between Customer and Company may be used by other government entities to contract with Company for the same or substantially similar product(s) and service(s) under either the same or a separate contract.

679
Agenda Item
City Council
Item #: 8.1. 3/12/2024 File #: 24-0167

1. SUBJECT
Update on Economic Development Program.

2. RECOMMENDED ACTION
Receive and file.

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680
Agenda Item
City Council
Item #: 8.2. 3/12/2024 File #: 24-0164
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Trang Nguyen, Finance Director

1. SUBJECT
California Public Employee’s Retirement System annual valuation report as of June 30, 2022.

2. SUMMARY
A presentation providing an update of the City’spension liability based on the actuarial valuation report as of June 30, 2022, for the Miscellaneous and Safety Plan.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

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

6. ATTACHMENTS
· None
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681
Agenda Item
City Council
Item #: 8.2. 3/12/2024 File #: 24-0164
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Trang Nguyen, Finance Director

1. SUBJECT
California Public Employee’s Retirement System annual valuation report as of June 30, 2022.

2. SUMMARY
A presentation providing an update of the City’spension liability based on the actuarial valuation report as of June 30, 2022, for the Miscellaneous and Safety Plan.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

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

6. ATTACHMENTS
· None
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682
Agenda Item
City Council
Item #: 9.1. 3/12/2024 File #: 24-0130
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Introduction and First Reading of Ordinance No. 04-24 amending Title 12 of the Orange Municipal Code to revise the responsible department for management of the tree removal program from the Community Services Department to the Public Works Department.

2. SUMMARY
Proposed adoption of Ordinance No. 04-24 amending Section 12.32.070, 12.32.080, 12.32.090, and

12.32.110 of the Orange Municipal Code related to the tree removal process. These revisions reflect the current City of Orange operations. Management of the tree removal program was transferred from the Community Services Department to the Public Works Department in Fiscal Year 2023-2024.

3. RECOMMENDED ACTION
Introduce and conduct First Reading of Ordinance No. 04-24. An Ordinance of the City Council of the City of Orange Amending Sections 12.32.070, 12.32.080, 12.32.090, and 12.32.110 of the Orange Municipal Code related to tree removal process.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
d: Assure the development of the City occurs in a fashion that maximizes public safety.

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

6. DISCUSSION AND BACKGROUND
The Public Works Department began managing the tree permit removal program on July 1, 2023.

This program was transferred from Community Services to Public Works as part of a reorganization of duties between the two departments. Title 12 of the Orange Municipal Code (OMC) still refers to the Community Services Department as the managing department. This update reflects the transfer of the managing department to Public Works.

The following four sections of the OMC are to be updated:

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683
Item #: 9.1. 3/12/2024 File #: 24-0130

1. 12.32.070 - Criteria for Permits

2. 12.32.080 - Permit Conditions

3. 12.32.090 - Referral to Other Departments

4. 12.32.110 - Subdivisions or Grading Plan - Procedure and Requirements.

Revision of this ordinance will reflect the change in the department currently responsible for the tree removal permit process. The revisions also remove gender specific references in the original ordinance.

7. ENVIRONMENTAL REVIEW
The proposed Ordinance is not subject to the provisions of the California Environmental Quality Act (CEQA) because it is not a “project” as defined in Section 15378 of the State CEQA Guidelines.

8. ATTACHMENTS
· Ordinance No. 04-24
· Ordinance No. 04-24 - Redlined
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684
Agenda Item
City Council
Item #: 9.1. 3/12/2024 File #: 24-0130
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

2. SUMMARY
Proposed adoption of Ordinance No. 04-24 amending Section 12.32.070, 12.32.080, 12.32.090, and

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
d: Assure the development of the City occurs in a fashion that maximizes public safety.

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

6. DISCUSSION AND BACKGROUND
The Public Works Department began managing the tree permit removal program on July 1, 2023.

The following four sections of the OMC are to be updated:

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685
Item #: 9.1. 3/12/2024 File #: 24-0130

1. 12.32.070 - Criteria for Permits

2. 12.32.080 - Permit Conditions

3. 12.32.090 - Referral to Other Departments

4. 12.32.110 - Subdivisions or Grading Plan - Procedure and Requirements.

8. ATTACHMENTS
· Ordinance No. 04-24
· Ordinance No. 04-24 - Redlined
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686
ORDINANCE NO. 04-24

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF ORANGE AMENDING
SECTIONS 12.32.070, 12.32.080, 12.32.090 AND

12.32.110 OF THE ORANGE MUNICIPAL

CODE RELATED TO TREE REMOVAL
PROCESS.

THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS
FOLLOWS:

SECTION I:

The subject Ordinance is not subject to the provisions of the California Environmental Quality Act (CEQA) because it is not a "project" as defined in Guideline 15378.

SECTION II:

Section 12.32.070, “Tree Preservation – Criteria for Permits,” Section 1 2.32.080 “Tree Preservation – Permit Conditions,” Section 1 2.32.090 “Tree Preservation – Referral to Other Departments,” and Section 1 2.32.110 “Tree Preservation – Subdivisions or Grading Plan – Procedure and Requirements” of the Orange Municipal Code are hereby amended to read as follows:

12.32.070 – Criteria for Permits.

The Director of Public Works, in determining whether or not to issue a permit, shall base their decision upon the following:

A. The condition of the tree with respect to disease, general health, danger of falling, proximity to existing or proposed structures, and interference with utility service;

B. The topography of land and the effect of the tree removal on erosion, soil retention and the diversion or increased flow of surface waters;

C. The number of trees existing in the neighborhood, the standards, if any, in the neighborhood relating to the existence and distribution of trees, and the effect of tree removal upon property values in the area, and upon the public health, safety, prosperit y, beauty and general welfare of the area;

D. The number of healthy trees that the parcel of land upon which such tree is growing will support and other good forestry practices.

12.32.080 – Permit Conditions.

In granting a permit, the Director of Public Works may attach reasonable conditions to ensure compliance with the intent and purpose of this chapter, including conditions to ensure the 687
2 planting of replacement trees. Standards for trees to replace those trees for which a removal permit has been issued in the course of residential development shall be established from time to time by resolution of the City Council. The granting of a permit to remove any tree or trees may be conditioned upon compliance with said resolution.

12.32.090 – Referral to Other Departments.

The Director of Public Works may refer an application to any other department, or commission or committee for a report and recommendation.

12.32.110 – Subdivisions or Grading Plan – Procedure and Requirements.

B. No permit shall be granted to remove healthy non -hazardous trees from any real property unless another use is to be commenced on the real property within 90 days after removal of such trees.

SECTION III:

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

SECTION IV:

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

ADOPTED this ____ day of ___________________, 2024.

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange
688
3 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 Ordinance was introduced at the regular meeting of the City Council held on the ___ day of _________ ______, 2024, and thereafter at the regular meeting of said City Council duly held on the ___ day of _____ __________, 20 24, was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

________________________________________
Pamela Coleman, City Clerk, City of Orange
689
ORDINANCE NO. 04-24

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF ORANGE AMENDING
SECTIONS 12.32.070, 1 2.32.080, 1 2.32.090
AND 1 2.32.110 OF THE ORANGE

MUNICIPAL CODE RELATED TO TREE
REMOVAL PROCESS.

[Pertinent Provisions Only]

THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS
FOLLOWS:

SECTION II:

Section 12.32.070, “Tree Preservation – Criteria for Permits,” Section 12.32.080 “Tree Preservation – Permit Conditions,” Section 1 2.32.090 “Tree Preservation – Referral to Other Departments,” and Section 1 2.32.110 “Tree Preservation – Subdivisions or Grading Plan – Procedure and Requirements” of the Orange Municipal Code are hereby amended to read as follows:

12.32.070 – Criteria for Permits.

The Director of Community Services Public Works, in determining whether or not to issue a permit, shall base his or her their decision upon the following:

A. The condition of the tree with respect to disease, general health, danger of falling, proximity to existing or proposed structures, and interference with utility service;

B. The topography of land and the effect of the tree removal on erosion, soil retention and the diversion or increased flow of surface waters;

D. The number of healthy trees that the parcel of land upon which such tree is growing will support and other good forestry practices.

12.32.080 – Permit Conditions.

690
Ord. No. XX-24 2 NA
In granting a permit, the Director of Community Services Public Works may attach reasonable conditions to ensure compliance with the intent and purpose of this chapter, including conditions to ensure the planting of replacement trees. Standards for trees to replace those trees for which a removal permit has been issued in t he course of residential development shall be established from time to time by resolution of the City Council. The granting of a permit to remove any tree or trees may be conditioned upon compliance with said resolution.

12.32.090 – Referral to Other Departments.

The Director of Community Services Public Works may refer an application to any other department, or commission or committee for a report and recommendation.

12.32.110 – Subdivisions or Grading Plan – Procedure and Requirements.

A. In the case of a subdivision, or grading plan, the grading plan shall show the location of each tree proposed to be removed. If the City approves the subdivision map, or grading permit, the Director of Community Services Public Works may, in his or her their discretion, relieve the applicant of the necessity to apply for a separate permit for tree removal. In cases which the Director to constitute a permit to remove the trees designated on the subdivision map or grading plan subject to any conditions which the Director may attach to the issuance of the permit.

B. No permit shall be granted to remove healthy non -hazardous trees from any real property unless another use is to be commenced on the real property within 90 days after removal of such trees.

691

LUNCH AT THE LIBRARY PROGRAM

FINANCIAL CLAIM
1st PAYMENT

CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.

(Signature of the Authorized Representative)

(Print Name) (Title)

*Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address, please contact Fiscal Services at [email protected].

State of California, State Library Fiscal Office

ENY: 2023 ITEM NO: 6120-140-0001, Chapter 12, Statutes of 2023 PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000 COA: 5432000 PROGRAM #: 5312
FAIN: N/A
By Date
(State Library Representative)
Grant Award #: LATL23-44A Date:

Invoice #:

LATL23-44A-01 PO #:

7240
Payee Name: City of Orange
(Legal name of authorized agency to receive, disburse and account for funds*) Complete Address:

Street Address, City, State, Zip Code (Warrant will be mailed to this address) Amount Claimed: $12,758 Type of Payment:
(Payable Upon Execution of Agreement) ☐ PROGRESS
Grantee Name: Orange Public Library ☐ FINAL (Name on Award Letter and Agreement) ☒ IN FULL
Project Title: Lunch at the Library Summer 2024 ☐ AUGMENT For Period From: upon execution to end of grant period
DocuSign Envelope ID: D32B71C9-DAD9-4256-A49B-EC97A38CA354 Acting Library Director
Amy Z. Harpster
2/5/2024
407 E. Chapman Ave., Orange, CA 92866
2/6/2024
237692

Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov

January 23, 2024

Amy Harpster
Orange Public Library
407 E Chapman Ave
Orange, CA, 92866

Subject: Lunch at the Library Summer 2024

Dear Ms. Amy Harpster:

This letter confirms the California State Library’s award of $12,758 to the Orange Public Library for Lunch at the Library Summer 2024.

The Lunch at the Library program makes it possible for public libraries to:
• Provide free summer meals and programming at library sites, • Take pop-up libraries to other community-based meal sites, • Connect children, teens, and families to locally sourced, sustainable food and provide hands-on food education activities,
• Create volunteer opportunities for teens, and
• Implement innovative solutions to connect more families with nutritious meals during the summer.

Thank you for being a part of this important work.

Orange Public Library will receive $12,758 of the award upon execution and approval of the grant agreement, certification, and claim forms. The remaining funding (if applicable) will be made available according to the payment schedule and upon the awardee’s completion of the requirements listed in the Grant Agreement and Certification of Compliance document included with this award packet.

Hard copies of this correspondence will not follow. Therefore, please keep this correspondence for your files and consider these award materials your original documents.

DocuSign Envelope ID: D32B71C9-DAD9-4256-A49B-EC97A38CA354 233693
2023 Lunch at the Library
LATL23-44A

Page 2 ends

Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov

This grant is governed by the attached Grant Agreement and Certification of Compliance, which includes the project period, reporting requirements, payment schedule, and the proposal outlining the project plan and budget. Within the DocuSign system, please sign the claim and certification forms included in the award packet using the DocuSign system. Should you have any questions regarding using DocuSign please get in touch with your grant monitor.

There are two people assigned to your project. The first is your Grant Monitor.

Contact them regarding compliance and reporting. The Grant Monitor assigned to your project is Lisa Lindsay. Contact Lisa via email at [email protected].

You are also assigned a Library Programs Consultant for ongoing programmatic support. The Library Programs Consultant assigned to your project is Kaela Villalobos.

Contact Kaela via email at [email protected].

Please stay in touch with your Grant Monitor and Library Programs Consultant throughout the award period. Read the enclosed award packet thoroughly and contact your Grant Monitor if you have any questions.

Best wishes for a successful project.

Respectfully yours,

Greg Lucas
California State Librarian

Enclosures
CC: Gina Iwata
Yesenia Castellon
DocuSign Envelope ID: D32B71C9-DAD9-4256-A49B-EC97A38CA354 2/2/2024
234694

THE BASICS – YOUR GRANT AWARD
The following provides all the basic information about your grant and managing your grant.

Award #: LATL23-44A
Library/Organization: Orange Public Library
Project Title: Lunch at the Library Summer 2024
Award Amount: $12,758

APPROVED BUDGET CORE PROGRAM
Salaries/Wages/Benefits $4,480
Consultant Fees $0
Travel $168
Supplies/Materials $4,370
Equipment ($5,000 or more per unit) $0
Services (contracted) $3,740
Project Total $12,758
Indirect Cost $0

APPROVED BUDGET INNOVATION
Salaries/Wages/Benefits $0
Consultant Fees $0
Travel $0
Supplies/Materials $0
Equipment ($5,000 or more per unit) $0
Services (contracted) $0
Project Total $0
Indirect Cost $0

APPROVED BUDGET TOTAL
Grant Total $12,758
Payment Schedule IN FULL

Start Date: 2/1/2024
End Date: 1/31/2025
Please understand that it can take six to eight weeks to receive a fully executed claim form with no errors before grant funds are delivered. Therefore, if you have not received your payment after eight weeks, please contact your grant monitor.

REPORTING
As outlined in the grant terms and conditions, Jurisdiction is required to provide two financial and narrative reports (first reports due 6/20/2024; second reports due 10/17/2024; final reports and detailed expenditures due 2/20/2025); and updates upon request. In addition, the LATL Annual Outputs Survey (reporting on all outputs thus far) must be submitted by 9/19/2024. Required reports will be available on the State Library’s Lunch at the Library website under Evaluation.

DocuSign Envelope ID: D32B71C9-DAD9-4256-A49B-EC97A38CA354 235695
2023 Lunch at the Library
LATL23-44A

Page 2 ends

Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov

PAYMENTS
Please note this clarification regarding payments. Grant payments will be made based on the payment schedule laid out in the Grant Term and Award Documentation. Ten percent (10%) of the full grant award is withheld until the end of the project period. It is payable only if the grant recipient fulfills all project reporting requirements and expends all funds, or returns all unspent grant funds, by the time specified in the grant terms and conditions.

CONTACT
We want your project to be successful. Please work with the grant monitor and library programs consultant in implementing your project:

Grant
Monitor
Lisa Lindsay Library Programs
Consultant
Kaela Villalobos
Phone 916.603.6708 Phone 279.399.8977
Email [email protected] Email [email protected]

DocuSign Envelope ID: D32B71C9-DAD9-4256-A49B-EC97A38CA354 236696

Orange City CouncilMarch 12, 2024

Orange City Council
March 12, 2024