Agenda packet — Orange City Council, April 23, 2024 (part 1 of 4)

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

DAN SLATER
Mayor

ARIANNA BARRIOS
Mayor pro tem, District 1

JON DUMITRU
Councilmember, District 2

KATHY TAVOULARIS
Councilmember, District 3

DENIS BILODEAU
Councilmember, District 4

ANA GUTIERREZ
Councilmember, District 5

JOHN GYLLENHAMMER
Councilmember, District 6
AGENDA
City Council
April 23, 2024
5:00 PM Closed Session
6:00 PM Regular Session
City Council Chamber
300 E. Chapman Avenue
Orange, CA 92866
The City of Orange City Council welcomes you to this meeting and encourages your participation. Regular City Council meetings are held on the second and fourth Tuesday of each month at 6:00 p.m.

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

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

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

Public Comments are limited to three (3) minutes per speaker unless a different time limit is announced. It is requested that you state your name for the record, then proceed to address the City Council. All speakers shall observe civility, decorum, and good behavior.
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1 City Council Agenda April 23, 2024
2) Written Public Comments via eComment
Members of the public can submit their written comments electronically for City Council consideration by using the eComment feature on the Agenda page of the City's website at www .cityoforange.org. To ensure distribution to the City Council prior to consideration of the agenda, we encourage the public to submit written comments by 3:00 p.m. the day of the meeting. All written comments will be provided to the Council for consideration and posted on the City’s website after the meeting. 3) Public Comments via recorded voicemail message
Finally, the public can record their comments by calling (714) 744-2234 no later than 5:00 p.m. the day of the meeting. Recorded messages will not be played at the meeting, but will be provided to the Council.

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

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

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

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

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2 City Council Agenda April 23, 2024
5:00 PM CLOSED SESSION

1. CALL TO ORDER

1.1 ROLL CALL

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

3. RECESS TO CLOSED SESSION
a. THREAT TO PUBLIC SERVICES OR FACILITIES
Pursuant to Government Code Section 54957(a)
Consultation with Orange Police Department Chief Dan Adams b. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) - One case Name of Case: Californians for Homeownership v. City of Orange Orange County Superior Court Case No. 30-2024-01382115
c. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9. (One potential case)

4. CLOSED SESSION REPORT

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

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3 City Council Agenda April 23, 2024
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER

1.1 INVOCATION
Pastor Eric Turbedsky, Sovereign Grace Church of Orange

1.2 PLEDGE OF ALLEGIANCE
Councilmember Ana Gutierrez

1.3 ROLL CALL

1.4 PRESENTATIONS/ANNOUNCEMENTS
Chapman Sustainability Update

1.5 REPORT ON CLOSED SESSION ACTIONS

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

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

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

Approve.

Recommended Action:

Staff ReportAttachments:

3.2. Approval of minutes of the City of Orange City Council Special Meeting held on March 21, 2024; and Regular Meetings held on March 26 and April 9, 2024.

Approve minutes as presented.

Recommended Action:

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4 City Council Agenda April 23, 2024
Staff Report
March 21, 2024, Special Meeting minutes
March 26, 2024, Regular Meeting minutes
April 9, 2024, Regular Meeting minutes
Attachments:

3.3. Agreement with Bibliotheca, LLC for technical support and maintenance of Library hardware and software.

Approve the agreement with Bibliotheca, LLC in the amount of $ 219,938.31 for library hardware and software support and maintenance; and authorize the Mayor and City Clerk to execute the agreement on behalf of the City.

Recommended Action:

Staff Report
Agreement with Bibliotheca, LLC
Attachments:

3.4. Agreement with MODassic Group, LLC for economic development services.

1. Approve the agreement with MODassic Group, LLC in the amount of $70,000 for economic development services; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the following budget transfer in the NW & SW Merged 2003 Taxable Bonds Fund (952):

From: 952.9810.56020.20247 SAORA Capital $70,000 To: 952.9810.51670.20541 West Katella District $70,000 Recommended Action:

Staff Report
Agreement with MODassic Group, LLC
Attachments:

3.5. Agreement with Avidex Industries, LLC for the installation of audiovisual equipment in the El Modena Branch Library community room.

Approve the agreement with Avidex Industries, LLC in the amount of $ 38,681.51 for installation of audiovisual equipment in the El Modena Branch Library community room; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Agreement with Avidex Industries, LLC
Attachments:

3.6. First Amendment to Attorney Services Agreement with McCune & Harber, LLP to provide legal services relating to litigation defense in the matter of Terrence Velasquez v. City of Orange.

Approve a First Amendment to Attorney Services Agreement with McCune & Harber, Recommended Action:

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5 City Council Agenda April 23, 2024
LLP in the amount of $ 30,000; and authorize the Mayor and City Clerk to execute on behalf of the City.

Staff Report
First Amendment to Attorney Services Agreement
Attachments:

3.7. Award of Contract to Monet Construction, Inc. for Corporation Yard Renovation Project - Police Storage Facility (Phase 1A); Bid No.23-24.23.

1. Authorize the appropriation of $500,000 from the unreserved fund 553 balance to:
553.5028.56015.12982 City Trf. Tax Exempt Bonds City Facility Improvements

2. Approve the contract with Monet Construction, Inc. in the amount of $1,794,529 for the City of Orange Corporation Yard Renovation Project -Police Storage Facility (Phase 1A); and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Bid Abstract
Contract with Monet Construction, Inc.

Attachments:

3.8. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Chapter 17.08 and 17.15 of the Orange Municipal Code relating to Density Bonus Law. Ordinance No. 05-24.

Adopt Ordinance No. 05-24.

Recommended Action:

Staff Report
Ordinance No. 05-24
Attachments:

3.9. General Plan Annual Progress Report to the State of California.

Receive and file the 2023 General Plan Annual Progress Report for submittal to the State.

Recommended Action:

Staff Report
Attachment 1 PC Staff Report dated April 1, 2024
Attachment 2 2010 General Plan Vision Statement
Attachment 3 2023 General Plan Implementation Report
Attachment 4 2023 Annual Housing Element Implementation Progress Report
Attachments:

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6 City Council Agenda April 23, 2024

3.10. Approval of the Landscape Maintenance Districts 86-2 (Santiago Hills) and 15-1 (Santiago Hills Overlay) Preliminary Engineer ’s Report for Fiscal Year 2024-2025.

Resolution No. 11540.

1. Adopt Resolution No. 11540. A Resolution of the City Council of the City of Orange regarding Landscape Maintenance Assessment Districts 86-2 (Santiago Hills ), and 15-1 (Santiago Hills Overlay) declaring its intention to provide for an annual levy and collection of assessments for Fiscal Year 2024-2025; set a time and place for a public hearing to receive public testimony on the foregoing matters; and give preliminary approval of the certified Engineer ’s Report for Landscape Maintenance Assessment Districts 86-2 (Santiago Hills) and 15-1 (Santiago Hills Overlay).

2. Declare the intent to levy an annual assessment, and establish May 28, 2024, at 6:00 p .m. at City Hall Council Chamber, 300 E Chapman Avenue, Orange, CA 92866, as the time and place for the Public Hearing on the assessments.

Recommended Action:

Staff Report
Resolution No. 11540
Preliminary Engineer's Report LMD 86-2 FY 2024-25
Preliminary Engineer's Report LMD 15-1 2024-25
Attachments:

3.11. Approval of the Landscape Maintenance Assessment District 94-1 (Sycamore Crossing) Preliminary Engineer ’s Report for Fiscal Year 2024-2025. Resolution No. 11541.

1. Adopt Resolution No. 11541. A Resolution of the City Council of the City of Orange regarding Landscape Maintenance Assessment District 94-1 (Sycamore Crossing ) declaring its intention to provide for an annual levy and collection of assessments for Fiscal Year 2024-2025; set a time and place for a public hearing to receive public testimony on the foregoing matters and give preliminary approval to the certified Engineer ’s Report for Landscape Maintenance Assessment District 94-1 (Sycamore Crossing).

Recommended Action:

Staff Report
Resolution No. 11541
Preliminary Engineer’s Report
Attachments:

END OF CONSENT CALENDAR
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4. REPORTS FROM MAYOR SLATER

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

Pursuant to Government Code Section 54954.2(a)(3), no action (s) or discussion (s) shall be undertaken on any item not appearing on the posted agenda.

5.1. Rapids Express Car Wash Sign on W. Katella Ave. and Main St. • Discuss permitting Rapids Express Car Wash to use the City of Orange logo. • Discuss possibly amending the sign code to permit certain digital signs.

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

7. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS

7.1. Annual presentation of Local Appointments List of all City Boards, Commissions, and Committees.

1. Confirm Mayor Slater ’s recommendation to reappoint the following eligible existing positions: CDBG Program Committee Member Jonathan St. Clair for a two -year term expiring June 30, 2026; and Orange Public Library Board of Trustee Members Peggy Calvert and Kathleen Stevens for three -year terms respectively expiring June 30, 2027.

2. Approve the Local Appointments List and direct the City Clerk to post a copy in compliance with the Maddy Act.

3. Direct the City Clerk to post a Notice of Scheduled Vacancy for the following positions:
a. Design Review Committee due to expiration of Robert Imboden ’s final term on June 30, 2024
b. Traffic Commission due to expiration of Larry Dick’s term on June 30, 2024 Recommended Action:

Staff Report
Local Appointments List
2023 Attendance Reports
Attachments:

8. ADMINISTRATIVE REPORTS

8.1. Monthly Treasurer’s Reports for January, February, and March 2024.

Receive and file.

Recommended Action:

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8 City Council Agenda April 23, 2024
Staff Report
Investment Report for the Period Ending March 31, 2024
Monthly Statement for January 2024
Monthly Statement for February 2024
Monthly Statement for March 2024
Attachments:

8.2. Declare the approximate 3,156 square feet unimproved right -of-way parcel bounded by Walnut Avenue on the north, Milford Road on the west, adjacent to two residential properties located at 455 and 461 North Milford Road, as surplus to the City ’s needs; and authorize the disposal of the property. Resolution No . 11538.

Adopt Resolution No. 11538. A Resolution of the City Council of the City of Orange finding that certain City -owned real property bounded by Walnut Avenue on the north, Milford Road on the west, adjacent to two residential properties located at 455 and 461 North Milford Road in the City of Orange is exempt surplus land pursuant to Government Code Section 54221 and finding that the foregoing action is exempt from review under the California Environmental Quality Act.

Recommended Action:

Staff Report
Resolution No. 11538
Attachments:

8.3. Approval of permit parking on both sides of Wayfield Street from Chapman Avenue to the first cul-de-sac north. Resolution 11539.

1. Modify Permit Parking Opportunity Area 3 to include Wayfield Street from Chapman Avenue to the first cul-de-sac north.

2. Approve permit parking on the same segment of Wayfield Street.

3. Approve Resolution 11539, A Resolution of the City Council of the City of Orange adopting a revised master resolution of designated permit parking areas within the City of Orange.

Recommended Action:

Staff Report
Area Map
Resolution No. 11539
Notification Letter
Attachments:

8.4. Introduction and First Reading of Ordinance Nos. 08-24 and 09-24 amending Chapter 2.10 of Title 2 of the Orange Municipal Code relating to campaign contribution limits and contributions from committees. (Continued from April 9, 2024)

1. Introduce and conduct First Reading of Ordinance No. 08-24. An Ordinance of the Recommended Action:

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9 City Council Agenda April 23, 2024
City Council of the City of Orange amending Section 2.10.050 of the Orange Municipal Code to increase campaign contribution limits.

2. Introduce and conduct First Reading of Ordinance No. 09-24. An Ordinance of the City Council of the City of Orange amending Section 2.10.090 of the Orange Municipal Code removing prohibition on transfer of contributions from candidate controlled committees to city candidate committees and committee controlled by City candidate or elected officer making a contribution to another committee supporting or opposing a City candidate for office.

Staff Report
Ordinance No. 08-24
Ordinance No. 08-24 - Redline
Ordinance No. 09-24
Ordinance No. 09-24 - Redline
Attachments:

9. REPORTS FROM CITY MANAGER

10. LEGAL AFFAIRS

10.1. Introduction and First Reading of Ordinance No. 07-24 containing administrative updates to various sections of Titles 3 and 5 of the Orange Municipal Code.

Introduce and conduct First Reading of Ordinance No. 07-24. An Ordinance of the City Council of the City of Orange amending various sections in Titles 3 and 5 of the Orange Municipal Code to delete outdated language, update references to conform with current law and code provisions, and achieve internal consistency.

Recommended Action:

Staff Report
Ordinance No. 07-24
Ordinance No. 07-24 REDLINED
Attachments:

11. ADJOURNMENT
The next Regular City Council meeting will be held on Tuesday, May 14, 2024, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.

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

Date posted: April 18, 2024

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10 Agenda Item
City Council
Item #: 3.1. 4/23/2024 File #: 24-0251
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director

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

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

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

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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11 Agenda Item
City Council
Item #: 3.1. 4/23/2024 File #: 24-0251
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director

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

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

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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12 Agenda Item
City Council
Item #: 3.2. 4/23/2024 File #: 24-0253
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director

1. SUBJECT
Approval of minutes of the City of Orange City Council Special Meeting held on March 21, 2024; and Regular Meetings held on March 26 and April 9, 2024.

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

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· March 21, 2024, Special Meeting minutes
· March 26, 2024, Regular Meeting minutes
· April 9, 2024, Regular Meeting minutes
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13 Agenda Item
City Council
Item #: 3.2. 4/23/2024 File #: 24-0253
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director

1. SUBJECT
Approval of minutes of the City of Orange City Council Special Meeting held on March 21, 2024; and Regular Meetings held on March 26 and April 9, 2024.

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

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· March 21, 2024, Regular Meeting minutes
· March 26, 2024, Regular Meeting minutes
· April 9, 2024, Regular Meeting minutes
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14 City of Orange
City Council
March 21, 2024

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Thursday, March 21, 2024, at 5:00 p.m. for a Special Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
5:00 PM BUDGET STUDY SESSION

1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 5:05 p.m.

1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Jon Dumitru.

1.3 ROLL CALL

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

Absent: None

2. ADMINISTRATIVE REPORTS

2.1. First Budget Study Session for the Proposed Fiscal Year 2024-25 Budget.

Finance Director Trang Nguyen and Budget Manager Michelle Kresan provided an overview of the proposed General Fund revenues and expenditures.

Council discussed several ways to generate additional revenue and reduce expenditures.

The report was received and filed.

3. ADJOURNMENT
There being no further business, the meeting was adjourned at 6:02 p.m.

The next Regular City Council meeting will be held on Tuesday, March 26, 2024, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
______________________ _________________________ PAMELA COLEMAN DANIEL R. SLATER

CITY CLERK MAYOR

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15 City of Orange
City Council
March 26, 2024

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Tuesday, March 26, 2024, at 5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
5:00 PM CLOSED SESSION

1. CALL TO ORDER
Mayor Slater called Closed Session to order at 5:05 p.m.

1.1 ROLL CALL

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

Absent: Gutierrez
Councilmember Tavoularis joined Closed Session at 5:07 p.m.

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None

3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:06 p.m. with all Members present, except Councilmember Tavoularis who joined Closed Session at 5:07 p.m., to discuss the following:
a. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9. (One potential case)
b. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) – One case Name of Case: Californians for Homeownership, Inc. v. City of Orange Orange County Superior Court Case No. 20-2024-01382115

4. CLOSED SESSION REPORT
None

5. ADJOURNMENT
Closed Session was adjourned at 5:40 p.m.

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16 City Council Minutes - Draft March 26, 2024
6:00 PM REGULAR SESSION

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

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

1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Kathy Tavoularis.

1.3 ROLL CALL

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

Absent: Gutierrez

1.4 PRESENTATIONS/ANNOUNCEMENTS
Friends of the Orange Public Library Presentation to the Orange Public Library.

Added Presentation
Proclamation honoring Orange Blossoms.

1.5 REPORT ON CLOSED SESSION ACTIONS
None

2. PUBLIC COMMENTS
With Council concurrence, Mayor Slater announced public comments would be limited to two minutes per speaker.

Public Speakers:

John Baker spoke about contractors that misclassify labor.

The following raised concerns with a proposed family shelter on Hewes St.: Arlene Padgett, Rhonda, Tom Meiss, Bob Turner, Jeffrey Beavers, Harry Mear, Kevin Smith, Gloria Nieva, Sivana Halevy, Marc Lebanoff, Tom Hughes, Jill English, and Dan Tafoya.

Regina Mundekis spoke about the City's need to create more revenue.

Written Public Comment
Janice Brownfield emailed about the consequences of pollution.

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17 City Council Minutes - Draft March 26, 2024

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

ACTION: Approved.

3.2. Approval of minutes of the City of Orange City Council Special Meeting held on March 11, 2024; and Regular Meeting held on March 12, 2024.

ACTION: Approved minutes as presented.

3.3. Agreement with Willdan Engineering for on-call building services.

ACTION: Approved the agreement with Willdan Engineering in the amount of $ 200,000 for on -call building services; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.4. Second Amendment to Agreement with Amber Gregg, Inc. for Planning consulting services.

ACTION: Approved the amendment to agreement with Amber Gregg, Inc. for planning consultant services; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.5. Appropriation of $ 77,592.10 in revenue from Recreation Classes and User Group Maintenance Fees.

ACTION: 1) Accepted into the City ’s General Fund revenue budget $ 77,592.10 in recreation class revenue and user group maintenance fees to:
100.7001.46540.00000 Recreation Classes $54,055.40 100.7022.42480.00000 User Group Maintenance Fees $23,536.70 2) Authorized the General Fund appropriation of $61,375.48 to:
100.7011.51670.00000 Other Prof. & Consulting Services $37,838.78 100.7022.51424.00000 User Group Maintenance $23,536.70

3.6. Appropriation of $ 36,000 in designated donation funding received from the Friends of Orange Public Library.

ACTION: 1) Accepted into the City ’s revenue budget $ 36,000 in donation funds from the Friends of Orange Public Library to:
100.2001.48390.19990 General Fund Donations
2) Authorized the appropriation of $36,000 to Friends of Orange Public Library:
100.2001.53301.19990 General Fund Library Books $20,800 100.2001.53340.19990 General Fund Craft Supplies $3,000 100.2004.51423.19990 General Fund Maint/Contracts $6,500 100.2016.53340.19990 General Fund Craft Supplies $4,200 100.2017.53340.19990 General Fund Craft Supplies $1,500

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18 City Council Minutes - Draft March 26, 2024

3.7. First Amendment to Contract with Pavement Coatings Co. for Annual Slurry Seal at Various Locations, Fiscal Year 2023-2024 (Bid No. 23-24.03; SP-4259).

ACTION: Approved the First Amendment to Contract with Pavement Coatings Co. in the amount of $ 55,923 for the additional work; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.8. Notice of Completion and Acceptance for Parking Lot Pavement Rehabilitation and Resurfacing of Bike Trails and Walking Paths project.

ACTION: 1) Accepted Parking Lot Pavement Rehabilitation and Resurfacing of Bike Trails and Walking Paths as complete; and 2) Authorized City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.

3.9. Second Reading and adoption of 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. Ordinance No. 04-24.

ACTION: Adopted Ordinance No. 04-24.

3.10. Authorize blanket purchase order for annual maintenance of various hardware and software from Sidepath, Inc.

ACTION: Approved blanket purchase order for annual maintenance of various hardware and software items from Sidepath, inc. for $268,309.86.

Approval of the Consent Calendar
All items were approved as recommended.

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

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

NoneNoes:

GutierrezAbsent:

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

7. ADMINISTRATIVE REPORTS
(Item 7.5 re-ordered to be heard after Consent Calendar.)

7.5. Consider the City of Orange ’s current membership in the League of California Cities and provide direction to City staff.

Mayor pro tem Barrios recused herself from Item 7.5 due to a potential conflict with employment and left the dais at 6:40 p.m.

Public Speakers:

Connor Medina, League of CA Cities, urged Council to continue its membership in the League of California Cities (CalCities), and spoke about member benefits.

Marshall Goodman spoke in support of the City continuing its membership in the League.

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19 City Council Minutes - Draft March 26, 2024
Ali Sajjad Taj spoke in support of the City continuing its membership in the League.

Written Public Comments
Eric Nelson submitted an eComment in support of the City continuing its membership in the League.

Carla Contreras submitted an eComment in support of the City continuing its membership in the League.

Reggie Mundekis submitted an eComment in support of the City continuing its membership in the League.

During deliberation, Council discussed the cost of membership, CalCities' Board's support of Prop 1, and revisiting the City's membership next year since annual dues had already been paid in January.

Councilmember Dumitru did not support leaving the League as they advocate for legislation that affects Orange. Mayor Slater supported remaining in the League this year and revisiting next year.

Staff was directed to cancel the City's membership in the League of California Cities and request a prorated refund for the remainder of 2024; if the League did not issue a refund, staff was directed to cancel the membership at the time of renewal.

A motion was made by Councilmember Tavoularis, seconded by Councilmember Gyllenhammer, to cancel the City's League of California Cities membership. The motion carried by the following vote:

Tavoularis, Bilodeau, and GyllenhammerAyes:

Dumitru, and SlaterNoes:

GutierrezAbsent:

BarriosRecuse:

Mayor pro tem Barrios returned to the dais at 7:12 p.m. Councilmember Tavoularis left the meeting at 7:13 p.m.

4. REPORTS FROM MAYOR SLATER
None

5. REPORTS FROM COUNCILMEMBERS

5.1. Letter of support for Santiago Canyon College’s community project . (Gyllenhammer)
Councilmember Gyllenhammer requested Council sign a letter of support for Santiago Canyon College's community project. During a brief discussion, Council requested to revise the first sentence of the letter to read "...endorses the proposal requesting congressionally directed resources to Senator Padilla and Congresswoman Young Kim."
A motion was made by Mayor pro tem Barrios, seconded by Councilmember Gyllenhammer, to approve signing the letter of support as revised. The motion carried by the following vote:

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20 City Council Minutes - Draft March 26, 2024
Barrios, Dumitru, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

Tavoularis, and GutierrezAbsent:

6. AB 1234 REPORTS
None

7. ADMINISTRATIVE REPORTS

7.1. Orange Police Department 2023 Crime Report/General Overview.

Police Chief Dan Adams presented the 2023 Orange Police Department Annual Report.

The report was received and filed.

7.2. Agreement with Insight Public Sector, Inc. for Flock Safety cameras, web -based software, and services for the Police Department.

A motion was made by Councilmember Dumitru, seconded by Mayor pro tem Barrios, to:
1) Approve the agreement with Insight Public Sector Inc. in the amount of $ 411,980, representing a lease and installation cost of $ 399,980, plus a 3% contingency of $12,000, for Flock Safety cameras, web -based software, and services; and authorize the Mayor and City Clerk to execute on behalf of the City. 2) Authorize the appropriation of $ 399,980 from Capital Bond Proceeds (553) unreserved fund balance to expenditure account number 553.4011.56033.20549, Capital Bond Proceeds - Flock Safety cameras.
3) Authorize the appropriation of $ 12,000 from the Federal Asset Forfeiture (355) unreserved fund balance to expenditure account number 355.4011.55131.00000, Federal Asset Forfeiture - Equipment Additions.

The motion carried by the following vote:

Barrios, Dumitru, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

Tavoularis, and GutierrezAbsent:

7.3. Acceptance of funds allocated by the State of California under Senate Bill 104 to the City for support of the Hub Resource Center. Resolution No. 11534.

A motion was made by Councilmember Dumitru, seconded by Mayor pro tem Barrios, to:
1) Adopt Resolution No. 11534. A Resolution of the City Council of the City of Orange acknowledging the receipt of funds allocated by the State of California under Senate Bill 104 to the City for support of the HUB Resource Center. 2) Accept into the City's revenue budget $ 3,000,000 in grant funds from the Budget Act of 2023 to:
312.6001.45290.30206 SB2-Building Homes & Jobs Act State Grant Funding HRC The motion carried by the following vote:

Barrios, Dumitru, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

Tavoularis, and GutierrezAbsent:

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7.4. Memorandum of Understanding with Anaheim Transportation Network for microtransit services.

Public Speaker:

Jack Carlisle spoke in support of approving the agreement.

Mayor pro tem Barrios made a motion to approve the item as recommended .

Councilmember Dumitru requested to amend the motion to include that no additional City funds would be used for this project without prior Council approval. Mayor pro tem Barrios accepted the amendment.

An amended motion was made by Mayor pro tem Barrios, seconded by Councilmember Dumitru, to:
1) Approve the agreement with Anaheim Transportation Network in the amount of $100,000 for microtransit services with no additional City funds allocated to this project without prior Council approval; and authorize the Mayor and City Clerk to execute on behalf of the City.
2) Authorize the following budget transfer of $100,000:

From: 952.9810.56020.20247 NW & SW Merged 2003 Taxable Bonds SAORA Capital To: 952.9810.51780.00000 NW & SW Merged 2003 Taxable Bonds Other Contractual Services
The motion carried by the following vote:

Barrios, Dumitru, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

Tavoularis, and GutierrezAbsent:

7.5. Consider the City of Orange ’s current membership in the League of California Cities and provide direction to City staff.

Item 7.5 was previously re-ordered to be heard after the Consent Calendar.

8. REPORTS FROM CITY MANAGER
None

9. LEGAL AFFAIRS

9.1. Introduction and First Reading of Ordinance No. 06-24 containing administrative updates to various sections of Titles 1 and 2 of the Orange Municipal Code.

A motion was made by Councilmember Bilodeau, seconded by Councilmember Dumitru, to introduce and conduct First Reading of Ordinance No. 06-24. An Ordinance of the City Council of the City of Orange amending various sections in Titles 1 and 2 of the Orange Municipal Code to delete outdated language, update references to conform with current law and code provisions, and achieve internal consistency. The motion carried by the following vote:

Barrios, Dumitru, Bilodeau, Gyllenhammer, and SlaterAyes:

NoneNoes:

Tavoularis, and GutierrezAbsent:

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10. ADJOURNMENT
There being no further business, the meeting was adjourned at 8:36 p.m.

The next Regular City Council meeting will be held on Tuesday, April 9, 2024, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
______________________ _________________________ PAMELA COLEMAN DANIEL R. SLATER

CITY CLERK MAYOR

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23 City of Orange
City Council
April 09, 2024

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Tuesday, April 9, 2024, at 5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
5:00 PM CLOSED SESSION

1. CALL TO ORDER
Mayor pro tem Barrios called Closed Session to order at 5:03 p.m.

1.1 ROLL CALL

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

Absent: Gyllenhammer, and Slater

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None

3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:04 p.m. with all Members present, except Mayor Slater and Councilmember Gyllenhammer who were absent, to discuss the following:
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) - One case Name of Case: Orange County Water District et. al. vs. 3M et. al.

United States District Court for the District of South Carolina Case No. 2:22-cv-01798-RMG
b. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9. (One potential case)

4. CLOSED SESSION REPORT
None

5. ADJOURNMENT
Closed Session was adjourned at 5:45 p.m.

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6:00 PM REGULAR SESSION

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

1.1 INVOCATION
Given by Reverend Father Neil Edlin from St. Mary Magdalene Church.

1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Denis Bilodeau.

1.3 ROLL CALL

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

Absent: Gyllenhammer, and Slater

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

Proclamation recognizing Gerrit Cole for being selected as one of Orange County's 2023 most influential people.

Proclamation recognizing April 14-20, 2024 as National Public Safety Telecommunicators Week.

1.5 REPORT ON CLOSED SESSION ACTIONS
None

2. PUBLIC COMMENTS
Public Speakers:

Brenda Lebsack spoke about a petition she is circulating for the November 2024 ballot.

The following expressed concerns with a family shelter opening in their neighborhood :

Harry Mear, Brianna Tomasin, Alejandro Hernandez, and Jeffrey Beavers .

Written Public Comment
Janice Brownfield submitted an email regarding the importance of Earth Day.

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

ACTION: Approved.

3.2. Confirmation of warrant registers dated March 7, 14, 21, and 28, 2024.

ACTION: Approved as presented.

3.3. Agreement with Paymentus Corporation for an online platform for Utility Billing services, including processing credit card and e-check payments.

ACTION: Approved the agreement with Paymentus Corporation in the amount not to exceed $ 175,000 for one year; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.4. Three-year agreement with Insight Enterprises, Inc. for Microsoft Enterprise software licenses for all City computers and servers.

ACTION: Approved the three -year agreement with Insight Enterprises, Inc. for a total amount of $ 1,328,378 ($442,793 annually) for Microsoft software licensing; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.5. Second Amendment to Agreement with the County of Orange for a Lead Forensic Specialist during Fiscal Year 2024-2025.

ACTION: Approved the Second Amendment to Agreement No. 6447.4 with the County of Orange for a Lead Forensic Specialist in the amount of $ 200,026; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.6. License Agreement with Lestonnac Free Clinic, a California nonprofit corporation, for the right to use the southwest quadrant of a City -owned lot located at 164 S. Water Street for parking service vehicles.

ACTION: Approved the license agreement with Lestonnac Free Clinic, for the use of the southwest quadrant of the City -owned lot located at 164 S. Water Street for parking service vehicles; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.7. Appropriation of $ 55,000 in unreserved General Fund balance to address and treat mold growth at the Sports Center at Grijalva Park.

ACTION: Authorized the appropriation of $55,000 of unreserved General Funds to:
100.7022.51401 Repairs to Buildings & Fixed Equipment $47,000 100.7014.51780 Other Contractual Services $8,000

3.8. Approval of plans and specifications for Annual Sewer Replacement and Maintenance, Fiscal Year 2023-2024; authorization to advertise for bids; and finding of CEQA exemption.

ACTION: 1) Approved the plans and specifications and authorized advertising for Bid No. 23-24.35, Annual Sewer Replacement and Maintenance, FY 2023-24 (S-250); and 2) Found that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1(c) - Existing Facilities).

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3.9. First Amendment to the Contract with Ultimate Maintenance Services, Inc. for custodial services at various city facilities.

ACTION: Approved the First Amendment with a two -year extension to the contract with Ultimate Maintenance Services, Inc. in the amount of $ 1,054,680 for custodial services at various city facilities; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.10. First Amendment to the Contract with West Coast Arborists, Inc. for citywide tree maintenance services.

ACTION: Approved the First Amendment with West Coast Arborist, Inc. in the amount of $ 330,000 for the next four fiscal years for tree and vegetation maintenance along a portion of Santiago Creek; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.11. Award of Sourcewell Contract to Horizons Construction Company International, Inc. for facility repairs, maintenance, and abatement; and finding of CEQA exemption.

ACTION: 1) Approved the contract with Horizons Construction Company International, Inc. for $ 91,443, representing an original amount of $ 79,516 plus a 15% contingency of $11,927 for facility repairs, maintenance, and abatement; and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Found that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) provisions per State CEQA Guidelines Section 15301 (Existing Facilities).

3.12. Award of Contract to Hardy & Harper, Inc. for Annual Pavement Maintenance at Various Locations, Fiscal Year 2023-2024; Bid No. 23-24.28 (SP-4261).

ACTION: Approved contract with Hardy & Harper, Inc. in the total amount of $4,042,500, representing an original bid amount of $ 3,850,000, plus a 5% contingency of $ 192,500 for Annual Pavement Maintenance at Various Locations, Fiscal Year 2023-2024; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.13. Notice of Completion and Acceptance for Park Facility Roof Replacement.

ACTION: 1) Accepted Park Facility Roof Replacement as complete (Bid No. 22-23.30); and 2) Authorized the City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.

3.14. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending various Sections in Titles 1 and 2 of the Orange Municipal Code to delete outdated language, update references to conform with current law and code provisions and achieve internal consistency. Ordinance No. 06-24.

ACTION: Adopted Ordinance No. 06-24.

3.15. Authorize purchase of sewer equipment parts and inspection camera from CUES, Inc. as the single source vendor.

ACTION: Approved the purchase of parts and inspection camera for $ 77,432 from CUES, Inc. the single source vendor for city sewer equipment.

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3.16. Authorize purchase of nine Dell R760 servers from Sidepath, Inc.

ACTION: 1) Approved the purchase of nine Dell R 760 servers from Sidepath, Inc. for a total amount of $327,663.35.
2) Authorized the appropriation of $ 62,485.36 from Computer Replacement (790) unreserved fund balance to:
790.1601.56033.20278 Server Refreshes

3.17. Authorize purchase of nine vehicles from the National Auto Fleet Group for the Orange Police, Public Works, and Community Services Departments using a Cooperative Purchasing Agreement.

Written Public Comment
Suzanne Tani submitted an eComment encouraging the City to evaluate the use of EV vehicles.

ACTION: 1) Approved the purchase of nine vehicles from National Auto Fleet Group in the amount of $ 616,829; and 2) Authorized the purchase and installation of safety equipment from a single source vendor, Hi -Standard Automotive, LLC, for the five Ford Pursuit Explorers in the amount of $93,233.

3.18. Authorize Pivotal Strategies to use the City of Orange name, official seal, logos, or any abbreviation of them for all public education and outreach materials/content.

ACTION: Authorized Pivotal Strategies to use the City of Orange name, official seal, logo, or any abbreviation of them for all public education and outreach materials/content pursuant to Orange Municipal Code Chapter 1.12.

3.19. Designation of April 26, 2024, as Arbor Day. Resolution No. 11535.

ACTION: Adopted Resolution No. 11535. A Resolution of the City Council of the City of Orange designating April 26, 2024, as Arbor Day.

3.20. Resolution establishing criteria and meeting information for the Audit Advisory Committee and Investment Advisory Committee. Resolution No. 11536.

ACTION: 1) Adopted Resolution No. 11536. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11505 and re -establishing the number of members, qualifications for membership, purpose, compensation, and meeting information for specified city boards, committees, and commissions. 2) Directed the City Clerk to post a Notice of Vacancy for the newly created positions pursuant to the Maddy Act, Government Code Section 54974.

Approval of the Consent Calendar
A motion was made by Councilmember Bilodeau, seconded by Councilmember Gutierrez, to approve the Consent Calendar as presented. The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, Gutierrez, and BilodeauAyes:

NoneNoes:

Gyllenhammer, and SlaterAbsent:

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

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4. REPORTS FROM MAYOR PRO TEM BARRIOS
Mayor pro tem Barrios announced she presented the Friendly Center with a proclamation recognizing their 100th anniversary celebration and proclaiming April 8, 2024, as Friendly Center Day.

5. REPORTS FROM COUNCILMEMBERS

5.1. Highlight Local Business (Barrios & Gutierrez)
Councilmember Gutierrez highlighted the following local business: Town and Country Hand Car Wash. Mayor pro tem Barrios highlighted the following local business: Soul & Land Paint Studio and Creative Space.

6. AB 1234 REPORTS
None

7. ADMINISTRATIVE REPORTS

7.1. Consideration of a City Council resolution memorializing the Orange City Council’s desire to reform Proposition 47.

A motion was made by Councilmember Dumitru, seconded by Councilmember Tavoularis, to adopt Resolution No. 11537. A Resolution of the City Council of the City of Orange, California, supporting Proposition 47 reform. The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, Gutierrez, and BilodeauAyes:

NoneNoes:

Gyllenhammer, and SlaterAbsent:

7.2. Introduction and First Reading of Ordinance Nos. 08-24 and 09-24 amending Chapter 2.10 of Title 2 of the Orange Municipal Code relating to campaign contribution limits and contributions from committees.

Mayor pro tem Barrios requested to continue the item until there was a full Council present.

Written Public Comment
Shirley Grindle submitted a letter in opposition of adopting Ordinance Nos. 08-24 and 09-24.

A motion was made by Councilmember Dumitru, seconded by Councilmember Gutierrez, to continue Item 7.2 to the April 23, 2024, Regular City Council meeting. The motion carried by the following vote:

Barrios, Tavoularis, Gutierrez, and BilodeauAyes:

DumitruNoes:

Gyllenhammer, and SlaterAbsent:

8. REPORTS FROM CITY MANAGER
None

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9. PUBLIC HEARINGS

9.1. Public Hearing to consider introduction and First Reading of Ordinance No. 05-24 amending Chapter 17.15 of the Orange Municipal Code relating to Density Bonus Law to establish consistency with state density bonus law; and finding of CEQA exemption.

Mayor pro tem Barrios opened the Public Hearing at 6:48 p.m.; there being no speakers, Mayor pro tem Barrios closed the Public Hearing at 6:48 p.m.

Written Public Comment
The Kennedy Commission submitted a letter encouraging the City to take additional steps to evaluate how proposed changes will incentivize low and very low income housing opportunities.

Paul Kim submitted an eComment in support of approving the Ordinance for First Reading.

A motion was made by Councilmember Dumitru, seconded by Councilmember Gutierrez, to:
1) Introduce and conduct First Reading of Ordinance 05-24. An Ordinance of the City Council of the City of Orange amending Chapter 17.08 and 17.15 of the Orange Municipal Code relating to Density Bonus Law.
2) Find the project is exempt from the California Environmental Quality Act (CEQA) under Section 15378 (Common Sense Exemption) of the CEQA Guidelines.

The motion carried by the following vote:

Barrios, Dumitru, Tavoularis, Gutierrez, and BilodeauAyes:

NoneNoes:

Gyllenhammer, and SlaterAbsent:

10. ADJOURNMENT
There being no further business, the meeting was adjourned at 6:51 p.m.

The next Regular City Council meeting will be held on Tuesday, April 23, 2024, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
______________________ _________________________

PAMELA COLEMAN ARIANNA BARRIOS

CITY CLERK MAYOR PRO TEM

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30 Agenda Item
City Council
Item #: 3.3. 4/23/2024 File #: 24-0248
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Amy Harpster, Interim Library Services Director

1. SUBJECT
Agreement with Bibliotheca, LLC for technical support and maintenance of Library hardware and software.

2. SUMMARY
An agreement with Bibliotheca, LLC to provide annual library hardware and software subscriptions, technical support, and maintenance.

3. RECOMMENDED ACTION
Approve the agreement with Bibliotheca, LLC in the amount of $219,938.31 for library hardware and software support and maintenance; and authorize the Mayor and City Clerk to execute the agreement on behalf of the City.

4. FISCAL IMPACT
The expense for this agreement is $219,938.31 and will be funded through the General Fund:
100.2004.51423.00000 Maintenance/Contracts $219,938.31

5. STRATEGIC PLAN GOALS
Goal 4: Provide outstanding public service
c: Enhance technology to improve public accessibility to information and services.

6. DISCUSSION AND BACKGROUND
In 2005, the Library conducted a competitive bid process for Radio Frequency Identification (RFID) self-service checkout equipment and an automated materials handling (AMH) sorter. Integrated Technology Group (ITG) ranked as the first choice and Bibliotheca ranked second from a field of seven bid responses. In 2011, ITG and Bibliotheca merged as “Bibliotheca, LLC” and has since become the global RFID leader for libraries.

In 2015, the City executed an agreement with Bibliotheca, LLC to upgrade the RFID self-service checkout machines and security gates at the Orange Public Library & History Center (OPL & HC) based on similar discounted pricing extended through the Carlsbad City Library agreement with Bibliotheca, LLC. Staff completed that project in 2017, and it was well received by library patrons who loved the updated features of the new self-service equipment.

In 2018, the City executed a first amendment to the agreement with Bibliotheca, LLC for an upgrade City of Orange Printed on 4/18/2024Page 1 of 2
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31 Item #: 3.3. 4/23/2024 File #: 24-0248
In 2018, the City executed a first amendment to the agreement with Bibliotheca, LLC for an upgrade and replacement of the AMH sorter for the OPL & HC, which had reached end of life.

In 2019, the City executed a second amendment to the agreement with Bibliotheca, LLC to add self- service checkout machines and security gates for the branch libraries and to extend the annual technical support and maintenance for all library hardware and software.

The Library’s current agreement with Bibliotheca, LLC expires on April 30, 2024. This five-year agreement renews the partnership with Bibliotheca, LLC and proposes annual library hardware technical support and maintenance and annual library software licensing, subscriptions, technical support, and maintenance through April 30, 2029.

Cost and Funding
The Bibliotheca, LLC RFID equipment has been integral to the Library, providing a high level of customer service to patrons while minimizing staffing levels. More than 70% of the public use the self -service machines to checkout materials, and the AMH sorter processes 95% of returned items.

Bibliotheca provides excellent products and service, and staff is pleased with their overall performance.

The proposed cost over the life of the agreement is $219,938.31 and will be included in the Library’s annual operating budget proposal. The following payments are due April 30 of each fiscal year:

Fiscal Year 2024-2025 $40,809.86
Fiscal Year 2025-2026 41,567.69
Fiscal Year 2026-2027 43,640.78
Fiscal Year 2027-2028 45,817.36
Fiscal Year 2027-2029 48,102.62
TOTAL $219,938.31
The five-year agreement will lock in pricing to protect against inflation and labor costs that have steadily increased over the past years.

7. ATTACHMENTS
· Agreement with Bibliotheca, LLC
City of Orange Printed on 4/18/2024Page 2 of 2
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32 Agenda Item
City Council
Item #: 3.3. 4/23/2024 File #: 24-0248
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Amy Harpster, Interim Library Services Director

1. SUBJECT
Agreement with Bibliotheca, LLC for technical support and maintenance of Library hardware and software.

2. SUMMARY
An agreement with Bibliotheca, LLC to provide annual library hardware and software subscriptions, technical support, and maintenance.

4. FISCAL IMPACT
The expense for this agreement is $219,938.31 and will be funded through the General Fund:
100.2004.51423.00000 Maintenance/Contracts $219,938.31

5. STRATEGIC PLAN GOALS
Goal 4: Provide outstanding public service
c: Enhance technology to improve public accessibility to information and services.

In 2018, the City executed a first amendment to the agreement with Bibliotheca, LLC for an upgrade City of Orange Printed on 4/18/2024Page 1 of 2
powered by Legistar™
33 Item #: 3.3. 4/23/2024 File #: 24-0248
In 2018, the City executed a first amendment to the agreement with Bibliotheca, LLC for an upgrade and replacement of the AMH sorter for the OPL & HC, which had reached end of life.

Bibliotheca provides excellent products and service, and staff is pleased with their overall performance.

The proposed cost over the life of the agreement is $219,938.31 and will be included in the Library’s annual operating budget proposal. The following payments are due April 30 of each fiscal year:

7. ATTACHMENTS
· Agreement with Bibliotheca, LLC
City of Orange Printed on 4/18/2024Page 2 of 2
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34 PROFESSIONAL SERVICES AGREEMENT
[Bibliotheca Library Hardware and Software Services]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on thi s _____ day of ____________, 20 24 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and BIBLIOTHECA, LLC, a Delaware limited liability company (“Contractor”), who agree as follows:

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

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

Lara Paglinawan, Technology and Support Services 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 TWO HUNDRED NINETEEN THOUSAND NINE HUNDRED THIRTY-EIGHT DOLLARS and 31/100 ($219,938.31) without the prior written authorization of City.

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

3. Payment.

a. City will pay Contractor the amount invoiced within thirty (30) days after the approval of the invoice for services rendered the preceding month.

35 2
b. 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.

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 36 3
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 additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above, absent a written amendment to this Agreement.

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

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

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

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

b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration 37 4
for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

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

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

17. Indemnity.

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

b. Reserved.

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.

38 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 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 ( 1) Two Million Dollars ( $2,000,000) per occurrence ; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.

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

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

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

f. Reserved.

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

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

39 6
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.

19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than thirty (30) 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 40 7
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

(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.

41 8
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 work performed which is inconsistent with or in violation of the provisions of this Agree ment shall not be compensated.

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

“CONTRACTOR” “CITY”

Bibliotheca, LLC City of Orange
403 Hayward Avenue North 300 E. Chapman Avenue
Oakdale, MN 55128 Orange, CA 92866-1591
Attn.: Mary K Zilles Attn.: Lara Paglinawan

Telephone: 1-678-336-7980 X 310 Telephone: 714-288-2572 E-Mail: [email protected] E-Mail: [email protected]

42 9

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

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

“CONTRACTOR” “CITY”

BIBLIOTHECA, LLC, a Delaware limited CITY OF ORANGE, a municipal corporation 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.
√NA

43 EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
44 bibliotheca, LLC - 3169 Holcomb Bridge Rd, Ste 206 - Norcross, GA 30071-1328 Service & Maintenance/Extended Warranty Quote
Bill To Ship To
Lara Paglinawan
City of Orange
407 E. Chapman Ave
Orange CA 92866
United States
Lara Paglinawan
City of Orange
407 E. Chapman Ave
Orange CA 92866
United States
Quote QUO-US16595 Date 03/21/2024
Customer: C0000196-US Payment Terms: Net 30 Days
Quote Expiration: 06/19/2024 Contract Number: 20983
Term: 05/01/2024 - 04/30/2025
Item Quantity Net Price Net Extended
selfCheck 1000D Desktop Kiosk
0103695
Orange Public Library (CA)
May 01, 2024 - April 30, 2025
1 1,416.96 1,416.96
RFID Workstation Shielded (USB)
6976663
El Modena Branch Library
May 01, 2024 - April 30, 2025
1 117.00 117.00
RFID Workstation Shielded (USB)
bib018013
Orange Public Library (CA)
May 01, 2024 - April 30, 2025
1 117.00 117.00
RFID Workstation Shielded (USB)
bib018014
Orange Public Library (CA)
May 01, 2024 - April 30, 2025
1 117.00 117.00
RFID Workstation Shielded (USB)
bib018016
Orange Public Library (CA)
May 01, 2024 - April 30, 2025
1 117.00 117.00
RFID Workstation Shielded (USB)
bib018017
Orange Public Library (CA)
May 01, 2024 - April 30, 2025
1 117.00 117.00
RFID Workstation Shielded (USB)
bib018015
Orange Public Library (CA)
May 01, 2024 - April 30, 2025
1 117.00 117.00
45 bibliotheca, LLC - 3169 Holcomb Bridge Rd, Ste 206 - Norcross, GA 30071-1328 Item Quantity Net Price Net Extended
RFID Workstation Shielded (USB)
bib018018
Orange Public Library (CA)
May 01, 2024 - April 30, 2025
1 117.00 117.00
RFID Workstation Shielded (USB)
bib018019
Orange Public Library (CA)
May 01, 2024 - April 30, 2025
1 117.00 117.00
RFID gate 400 (triple aisle)
bib018009
Orange Public Library (CA)
May 01, 2024 - April 30, 2025
1 975.00 975.00
RFID gate 400 (triple aisle)
bib018011
Orange Public Library (CA)
May 01, 2024 - April 30, 2025
1 975.00 975.00
RFID workstation shielded NA
7889619
Orange Public Library (CA)
May 01, 2024 - April 30, 2025
1 117.00 117.00
RFID workstation shielded NA
7889626
Orange Public Library (CA)
May 01, 2024 - April 30, 2025
1 117.00 117.00
cloudLibrary assist
assist
Orange Public Library (CA)
May 01, 2024 - April 30, 2025
1 0.00 0.00
RFID gate premium Direct mount, 1 aisle
6505723
Taft Branch Library
May 01, 2024 - April 30, 2025
1 856.79 856.79
RFID gate premium Direct mount, 1 aisle
6505730
El Modena Branch Library
May 01, 2024 - April 30, 2025
1 856.79 856.79
Comprise Annual Subscription
234190400053
Taft Branch Library
May 01, 2024 - April 30, 2025
1 652.75 652.75
Comprise Annual Subscription
234190400054
El Modena Branch Library
May 01, 2024 - April 30, 2025
1 652.75 652.75
RFID workstation shielded NA
7018717
Taft Branch Library
May 01, 2024 - April 30, 2025
1 117.00 117.00
46 bibliotheca, LLC - 3169 Holcomb Bridge Rd, Ste 206 - Norcross, GA 30071-1328 Item Quantity Net Price Net Extended
RFID workstation shielded NA
7018716
Taft Branch Library
May 01, 2024 - April 30, 2025
1 117.00 117.00
RFID workstation shielded NA
7074908
El Modena Branch Library
May 01, 2024 - April 30, 2025
1 117.00 117.00
RFID workstation shielded NA
7074906
El Modena Branch Library
May 01, 2024 - April 30, 2025
1 117.00 117.00
staffConnect™ gate Individual License (Year 1)
License
Taft Branch Library
May 01, 2024 - April 30, 2025
1 93.36 93.36
staffConnect™ gate Individual License (Year 1)
License
El Modena Branch Library
May 01, 2024 - April 30, 2025
1 93.36 93.36
selfCheck 1000 freestanding kiosk (white)
0123983
Taft Branch Library
May 01, 2024 - April 30, 2025
1 1,535.13 1,535.13
selfCheck 1000 freestanding kiosk (white)
0123982
El Modena Branch Library
May 01, 2024 - April 30, 2025
1 1,535.13 1,535.13
libraryConnect devices, 1 year subscription, 16-25 devices License
Orange Public Library (CA)
May 01, 2024 - April 30, 2025
1 1,286.97 1,286.97
selfCheck 1000D Desktop Kiosk
0103946
Orange Public Library (CA)
May 01, 2024 - April 30, 2025
1 1,416.96 1,416.96
selfCheck 1000D Desktop Kiosk
0103957
Orange Public Library (CA)
May 01, 2024 - April 30, 2025
1 1,416.96 1,416.96
selfCheck 1000 freestanding kiosk
0083514
Orange Public Library (CA)
May 01, 2024 - April 30, 2025
1 1,535.13 1,535.13
selfCheck 1000D Desktop Kiosk
0103959
Orange Public Library (CA)
May 01, 2024 - April 30, 2025
1 1,416.96 1,416.96
47 bibliotheca, LLC - 3169 Holcomb Bridge Rd, Ste 206 - Norcross, GA 30071-1328 Item Quantity Net Price Net Extended
Comprise Annual Subscription
234170300064
Orange Public Library (CA)
May 01, 2024 - April 30, 2025
1 652.75 652.75
Comprise Annual Subscription
234170300065
Orange Public Library (CA)
May 01, 2024 - April 30, 2025
1 652.75 652.75
Comprise Annual Subscription
234170300066
Orange Public Library (CA)
May 01, 2024 - April 30, 2025
1 652.75 652.75
Comprise Annual Subscription
234170300067
Orange Public Library (CA)
May 01, 2024 - April 30, 2025
1 652.75 652.75
Comprise Annual Subscription
234170300068
Orange Public Library (CA)
May 01, 2024 - April 30, 2025
1 652.75 652.75
RFID Workstation Shielded
6249574
Orange Public Library (CA)
May 01, 2024 - April 30, 2025
1 117.00 117.00
RFID Workstation Shielded
6249573
Orange Public Library (CA)
May 01, 2024 - April 30, 2025
1 117.00 117.00
FLX AMH System
FLX-US-00057-000
Orange Public Library (CA)
May 01, 2024 - April 30, 2025
1 18,958.11 18,958.11
Subtotal: 40,809.86
Tax Total: 0.00
Total: 40,809.86
Currency: US Dollar
48 bibliotheca, LLC - 3169 Holcomb Bridge Rd, Ste 206 - Norcross, GA 30071-1328 Terms and Conditions
WHAT WE WILL DO:

Hardware: In consideration of payment of the agreement price, and according to service level purchased, Bibliotheca will furnish labor and replacement parts necessary to maintain the Equipment speci®ed in this agreement in proper operating condition during the term of this agreement, provided that the Equipment is installed by an authorized Bibliotheca Service Provider and used as directed. This Service Agreement covers Equipment failure during normal usage. Bibliotheca agrees to provide:
´ On-site remedial maintenance during On-Site Coverage Hours (except for depot repair agreements) When Bibliotheca is noti®ed that the Equipment is not in good working order. Bibliotheca will provide a toll-free telephone number for Customer to place, and Bibliotheca will receive equipment maintenance service calls twenty-four (24) hours per day, seven (7) days per Week. ´ All labor, service parts and Equipment modi®cations Bibliotheca deems necessary to maintain the Equipment in good working order.

All service parts will be furnished on an exchange basis and will be new parts or parts of equal quality. For certain Equipment, Bibliotheca reserves the right to replace the entire unit with new equipment or equipment of equal quality when Bibliotheca determines that replacement is more economical than on-site repair. All Equipment and service parts removed for replacement become the property of Bibliotheca.

Software: In consideration of payment of the agreement price, Bibliotheca will furnish over-the-phone software support and remote troubleshooting of the Bibliotheca Software speci®ed in this agreement as well as updates necessary to maintain the Bibliotheca Software speci®ed in this agreement in proper operating condition during the term of this agreement, provided that the Bibliotheca Software is installed and used as directed. Bibliotheca agrees to provide:
´ All software con®guration modi®cations Bibliotheca deems necessary to maintain the Bibliotheca Software in good working order ´ Bibliotheca Software updates
´ Internet Filter list updates (as applicable)
´ A toll-free telephone number for Customer to place and Bibliotheca to receive software support calls. Over-the-phone software support calls may be placed twenty-four (24) hours per day, seven (7) days per week. Calls will be addressed during Bibliotheca Software Support Coverage Hours in the order they were received.

WHAT IS NOT COVERED: The basic maintenance fee does not include and Bibliotheca is not obligated to provide or perform repair of damage or increase in service time caused by (i) failure of Customer to provide continually a proper operating environment and supply of power as prescribed by the Equipment manufacturer; (ii) accident; (iii) Acts of God, including but not limited to ®re, ¯ood, water, wind and lightning; (iv) neglect, abuse or misuse; (v) failure of Customer to follow Bibliotheca©s published operating instructions; (vi) modi®cation, service or repair of the Equipment by other than Bibliotheca authorized personnel; (vii) use of Equipment for purposes other than for which designed; (viii) painting or re®nishing the equipment; (ix) relocation of the equipment; (x) replacement of broken or damaged cabinetry; to include items such as lattices, base covers, book check covers, etc.; (xi) electrical work external to the Equipment; (xii) cosmetic restoration (e.g., ®lling of holes in ¯oor or walls, plugging or wire run openings, removal of tape residue, etc.) after removal or relocation of equipment for any reason; (xiii) restoration of Equipment performance when it has been degraded by placement of unauthorized interference sources within the affected range of said equipment; (xiv) service requests related to use of markers (strips) other than those manufactured by Bibliotheca or its authorized distributor(s), (xv) modi®cation, or repair of the Bibliotheca Software by other than Bibliotheca authorized personnel; (xvi) use of the Bibliotheca Software for purposes other than for which designed; (xvii) virus / hacker activity; (xviii) Non- Bibliotheca Software related updates and upgrades including, but not limited to, Operation System, Anti-Virus, Intrusion Detection. (xix) labor or materials associated with consumables such as receipt printer paper, separator jaws, patron counter batteries, and similar items.

RENEWAL: This agreement is NOT automatically renewable. If a renewal agreement is offered by Bibliotheca, the agreement price quoted will re¯ect the age of the product and the service costs at the time of renewal.

ENTIRE AGREEMENT: This instrument sets forth the entire agreement between the parties, and no representation, promise or condition not contained herein shall modify these terms whether made prior to or subsequent to the execution of this agreement.

Submit Purchase Order by fax to 1-877-689-2269 or by email to [email protected].

Accepted By: ____________________________________________________________ Accepted Date: __________________________________________________________ Customer Purchase Order Number: __________________________________________ 49 www.bibliotheca.com

Lara Paglinawan
Orange Public Library & History Center
407 E Chapman Ave.

Orange, CA 92866

Dear Lara,

I apologize for the slow response to your request. We look forward to the continued partnership with the Orange Public Library. Please see the attached page that includes 5 years of pricing paid annual ly, for support of your bibliotheca equipment. Note if you cho ose to pay for 5 years upfront, we can pro vide Orange you an a dditional discount . The price for 5 years upfront would be $193,846.84. Please see attached document for pricing annual pricing.

Please confirm which option you would like to go with.

We appreciate the Orange Public Library’s business and look forward to our ongoing business relationship.

Yours sincerely,

Mary Zilles
VP of Business Development and Sales Administration
[email protected]

50 Customer Equipment Serial Number
5/1/24 -
4/30/25
5/1/25 -
4/30/26
5/1/26 -
4/30/27
5/1/27 -
4/30/28 5/1/28 - 4/30/29
El Modena Branch
Library staffConnect Gate License $93.36 $81.37 $83.81 $86.33 $88.92 Taft Branch Library staffConnect Gate License $93.36 $81.37 $83.81 $86.33 $88.92 Orange Public Library
(CA) - Main RFID Workstation Shielded 6249573 $117.00 $122.85 $128.99 $135.44 $142.21 Orange Public Library
(CA) - Main RFID Workstation Shielded 6249574 $117.00 $122.85 $128.99 $135.44 $142.21 El Modena Branch
Library RFID Workstation Shielded (USB) 6976663 $117.00 $122.85 $128.99 $135.44 $142.21 Taft Branch Library RFID workstation shielded NA 7018716 $117.00 $122.85 $128.99 $135.44 $142.21 Taft Branch Library RFID workstation shielded NA 7018717 $117.00 $122.85 $128.99 $135.44 $142.21 El Modena Branch
Library RFID workstation shielded NA 7074906 $117.00 $122.85 $128.99 $135.44 $142.21 El Modena Branch
Library RFID workstation shielded NA 7074908 $117.00 $122.85 $128.99 $135.44 $142.21 Orange Public Library
(CA) - Main RFID Workstation Shielded (USB) bib018013 $117.00 $122.85 $128.99 $135.44 $142.21 Orange Public Library
(CA) - Main RFID Workstation Shielded (USB) bib018014 $117.00 $122.85 $128.99 $135.44 $142.21 Orange Public Library
(CA) - Main RFID Workstation Shielded (USB) bib018015 $117.00 $122.85 $128.99 $135.44 $142.21 Orange Public Library
(CA) - Main RFID Workstation Shielded (USB) bib018016 $117.00 $122.85 $128.99 $135.44 $142.21 Orange Public Library
(CA) - Main RFID Workstation Shielded (USB) bib018017 $117.00 $122.85 $128.99 $135.44 $142.21 Orange Public Library
(CA) - Main RFID Workstation Shielded (USB) bib018018 $117.00 $122.85 $128.99 $135.44 $142.21 Orange Public Library
(CA) - Main RFID Workstation Shielded (USB) bib018019 $117.00 $122.85 $128.99 $135.44 $142.21 Orange Public Library
(CA) - Main RFID workstation shielded NA 7889619 $117.00 $122.85 $128.99 $135.44 $142.21 Orange Public Library
(CA) - Main RFID workstation shielded NA 7889626 $117.00 $122.85 $128.99 $135.44 $142.21 Orange Public Library
(CA) - Main cloudLibrary Assist assist $0.00 $0.00 $0.00 $0.00 $0.00 El Modena Branch
Library Comprise Smart Terminal 234170300054 $652.75 $685.39 $719.66 $755.64 $793.42 Orange Public Library
(CA) - Main Comprise Smart Terminal 234170300064 $652.75 $685.39 $719.66 $755.64 $793.42 Orange Public Library
(CA) - Main Comprise Smart Terminal 234170300065 $652.75 $685.39 $719.66 $755.64 $793.42 Orange Public Library
(CA) - Main Comprise Smart Terminal 234170300066 $652.75 $685.39 $719.66 $755.64 $793.42 51 Orange Public Library
(CA) - Main Comprise Smart Terminal 234170300067 $652.75 $685.39 $719.66 $755.64 $793.42 Orange Public Library
(CA) - Main Comprise Smart Terminal 234170300068 $652.75 $685.39 $719.66 $755.64 $793.42 Taft Branch Library Comprise Smart Terminal 234190400053 $652.75 $685.39 $719.66 $755.64 $793.42 Taft Branch Library RFID gate premium Direct mount, 1 aisle 6505723 $856.79 $899.63 $944.61 $991.84 $1,041.43 El Modena Branch
Library RFID gate premium Direct mount, 1 aisle 6505730 $856.79 $899.63 $944.61 $991.84 $1,041.43 Orange Public Library
(CA) - Main RFID gate™ 400 Triple Aisle bib018009 $975.00 $1,023.75 $1,074.94 $1,128.68 $1,185.12 Orange Public Library
(CA) - Main RFID gate™ 400 Triple Aisle bib018011 $975.00 $1,023.75 $1,074.94 $1,128.68 $1,185.12 Orange Public Library
(CA) - Main
libraryConnect devices, 1 year
subscription, 16-25 devices License $1,286.97 $101.97 $105.03 $108.18 $111.43 Orange Public Library
(CA) - Main selfCheck 1000D Desktop Kiosk 0103695 $1,416.96 $1,487.81 $1,562.20 $1,640.31 $1,722.32 Orange Public Library
(CA) - Main selfCheck 1000D Desktop Kiosk 0103946 $1,416.96 $1,487.81 $1,562.20 $1,640.31 $1,722.32 Orange Public Library
(CA) - Main selfCheck 1000D Desktop Kiosk 0103957 $1,416.96 $1,487.81 $1,562.20 $1,640.31 $1,722.32 Orange Public Library
(CA) - Main selfCheck 1000D Desktop Kiosk 0103959 $1,416.96 $1,487.81 $1,562.20 $1,640.31 $1,722.

Orange Public Library
(CA) - Main selfCheck 1000 Freestanding Kiosk 0083514 $1,535.13 $1,611.89 $1,692.48 $1,777.10 $1,865.96 El Modena Branch
Library selfCheck 1000 Freestanding Kiosk 0123982 $1,535.13 $1,611.89 $1,692.48 $1,777.10 $1,865.96 Taft Branch Library selfCheck 1000 Freestanding Kiosk 0123983 $1,535.13 $1,611.89 $1,692.48 $1,777.10 $1,865.96 Orange Public Library
(CA) - Main Flex AMH System
FLX-US-00057-
000 $18,958.11 $19,906.02 $20,901.32 $21,946.38 $23,043.70 Total $40,809.86 $41,567.69 $43,640.78 $45,817.36 $48,102.62

52 Agenda Item
City Council
Item #: 3.4. 4/23/2024 File #: 24-0255
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Agreement with MODassic Group, LLC for economic development services.

2. SUMMARY
Agreement with MODassic Group, LLC to provide place branding and place making services for the West Katella Avenue area.

3. RECOMMENDED ACTION

1. Approve the agreement with MODassic Group, LLC in the amount of $70,000 for economic development services; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the following budget transfer in the NW & SW Merged 2003 Taxable Bonds Fund (952):

From: 952.9810.56020.20247 SAORA Capital $70,000 To: 952.9810.51670.20541 West Katella District $70,000

4. FISCAL IMPACT
The estimated expenditure for this agreement is $70,000 and will be funded through the NW & SW Merged 2003 Taxable Bonds Fund:
952.9810.51670.20541 West Katella District $70,000

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

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

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

Just across the Santa Ana River in Anaheim, development has begun on the OC Vibe project which will include the Honda Center and surrounding properties. This multi-billion-dollar development will be City of Orange Printed on 4/18/2024Page 1 of 2
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53 Item #: 3.4. 4/23/2024 File #: 24-0255
will include the Honda Center and surrounding properties. This multi-billion-dollar development will be phased over several years and is currently slated to include multiple entertainment venues, restaurants, office spaces, public parks and trails, 1,500 housing units, and two hotels. In addition, the City of Anaheim is working with several partners including the City of Orange to develop the OC River Walk along the Santa Ana River between Ball Road and Orangewood Avenue. This project would transform the Santa Ana River into a regional destination for recreation and entertainment and include a pedestrian bridge across the river from OC Vibe to West Katella Avenue in Orange.

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

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

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

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

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

The proposed agreement with MODassic Group, LLC (CivicBrand) would provide for economic development services to create a place brand and develop the brand identity for the West Katella Avenue area. As the City works with property owners and stakeholders to articulate a vision for the area, CivicBrand will work collaboratively to create a brand story and develop the necessary brand assets and placemaking implementation plan to realize that vision.

City staff solicited proposals from place branding firms for this effort and are recommending the selection of CivicBrand due to the strength of their proposal and relevant experience. If approved by City Council, the services will be provided in tandem with the visioning process for the area and will take approximately six months to complete.

7. ATTACHMENT
· Agreement with MODassic Group, LLC
City of Orange Printed on 4/18/2024Page 2 of 2
powered by Legistar™
54 Agenda Item
City Council
Item #: 3.4. 4/23/2024 File #: 24-0255
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Agreement with MODassic Group, LLC for economic development services.

2. SUMMARY
Agreement with MODassic Group, LLC to provide place branding and place making services for the West Katella Avenue area.

3. RECOMMENDED ACTION

1. Approve the agreement with MODassic Group, LLC in the amount of $70,000 for economic development services; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the following budget transfer in the NW & SW Merged 2003 Taxable Bonds Fund (952):

From: 952.9810.56020.20247 SAORA Capital $70,000
To: 952.9810.51670.20541 West Katella District $70,000

4. FISCAL IMPACT
The estimated expenditure for this agreement is $70,000 and will be funded through the NW & SW Merged 2003 Taxable Bonds Fund:
952.9810.51670.20541 West Katella District $70,000

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

Just across the Santa Ana River in Anaheim, development has begun on the OC Vibe project which will include the Honda Center and surrounding properties. This multi-billion-dollar development will be City of Orange Printed on 4/18/2024Page 1 of 2
powered by Legistar™
55 Item #: 3.4. 4/23/2024 File #: 24-0255
will include the Honda Center and surrounding properties. This multi-billion-dollar development will be phased over several years and is currently slated to include multiple entertainment venues, restaurants, office spaces, public parks and trails, 1,500 housing units, and two hotels. In addition, the City of Anaheim is working with several partners including the City of Orange to develop the OC River Walk along the Santa Ana River between Ball Road and Orangewood Avenue. This project would transform the Santa Ana River into a regional destination for recreation and entertainment and include a pedestrian bridge across the river from OC Vibe to West Katella Avenue in Orange.

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

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

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

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

7. ATTACHMENT
· Agreement with MODassic Group, LLC
City of Orange Printed on 4/18/2024Page 2 of 2
powered by Legistar™
56 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 MODASSIC GROUP, LLC, a Colorado limited liability company , dba CIVICBRAND (“Contractor”), who agree as follows:

2. Compensation and Fees.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed SEVENTY THOUSAND DOLLARS and 00/100 ($70,000.00) without the prior written authorization of City.

3. Payment.

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

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.
57 2

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. 58 3

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.

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

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. 59 4

17. Indemnity.

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

b. Reserved.

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. 60 5

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.

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 61 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.

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 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.

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 62 7
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 preva iling rates of wages to all such workers . The general prevailing wage determinations for c rafts can be located on the web site of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.

c. Contractor represents and warrants that it:

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

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 63 8
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.

“CONTRACTOR” “CITY”

MODassic Group, LLC, dba CivicBrand City of Orange
224 W. Rainbow Blvd. #122 300 E. Chapman Avenue
Salida, CO 81201 Orange, CA 92866-1591
Attn.: Ryan Short Attn.: Economic Development Manager

Telephone: (214) 586-0795 Telephone: (714) 744-2222
E-Mail: [email protected] E-Mail: [email protected]

64 9

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

“CONTRACTOR” “CITY”

MODASSIC GROUP, LLC, a Colorado CITY OF ORANGE, a municipal corporation limited liability company, dba CIVICBRAND

*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

√NA

65 EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
66 DISTRICT BRAND VISION

CITY OF ORANGE, CA
APRIL 2024
67 TABLE OF CONTENTS
INTRODUCTORY LETTER ................................................. 3 PROJECT UNDERSTANDING ............................................. 4 CIVICBRAND OVERVIEW ............................................... 5-8 PROJECT LEAD RESUME ................................................... 9 CLIENTS .......................................................................... 10 APPROACH ................................................................ 11-19 FEATURED WORK ..................................................... 20-24 PROJECT SCHEDULE ....................................................... 25

CONTACT
Ryan Short
[email protected]
(214) 586-0795
224. W. Rainbow Blvd. #122
Salida, CO 81201
CivicBrand.com
"The transformative
recommendations provided by
CivicBrand have set a clear path
for enhancing the Village's brand
and establishing it as a must-visit
destination.

As we started implementing the
recommendations from the audit,
we have seen the cohesive branding
initiatives come to life, creating a
captivating identity that embraces
the possibilities of a vibrant future."
Amanda Muzaurieta
Cocoa Village Main Street

Page 2 ends

CivicBrand.com
68 Aaron Schulze & City of Orange,
For the past 15 years, our firm has crafted our processes, team, and tools to position ourselves as industry leadings in placemaking and place branding.

We believe that place branding extends beyond mere logos and campaigns. It's about forging an authentic brand vision that both shapes the built environment and creates opportunity for its residents and stakeholders.

By intertwining place branding with placemaking, we empower communities to realize their full potential while honoring their unique identities. We've witnessed firsthand the transformative power of a well-defined brand vision and are excited to partner with the City of Orange to help achieve
your goals for this district.

Ryan Short
CEO, CivicBrand
69 CivicBrand understands that the City of Orange is
seeking to engage property owners, residents, and
developers in developing a place brand and vision for
the West Katella Avenue area. We understand the city
has partnered with City Thinkers to lead the urban
design portion of this project and seeks to collaborate with CivicBrand to develop the brand identity for the
district and create a shared vision that will out the city and property owners to realize that vision through
placemaking and redevelopment.

Through this engagement, we intend to work closely
with city staff, and City Thinkers to cast a vision, create a brand story, and develop the necessary brand assets
and placemaking implementation plan needed to
share and realize that vision.

We are aware that the city has already completed
the necessary zoning changes. With the ongoing
momentum and redevelopment in the vicinity, there
is a significant opportunity to craft a vision that will inspire property owners and developers to fully realize the potential of the district.

Our team is excited and eager to collaborate with city
staff, council members, residents, property owners,
and developers to create a narrative and strategy that
authentically resonates and fosters prosperity for the
entire Orange community.

Project Understanding

Page 4 ends

CivicBrand.com
70 A team of creatives and strategists that are all
passionate about place. We love witnessing the
power design has on communities and proving
that value with real metrics. Whether it’s
measuring the economic impact of a project or
counting the number of people holding hands on
a street after a placemaking activation we are
here for it and love doing what we do.
1515
Years in business. Here’s
the original crew in 2008.

Starting out in a recession
you quickly learn how to run
lean while delivering value.
32,000+32,000+
Photos taken. It’s probably
more but that’s what we
currently have in our
Google Photos account.
74,07674,076
Miles traveled last year - it’s
an educated guess based on
google maps - but we’re on
the road a lot.
200200
Gallons of paint on a recent
placemaking street mural.
1616
Awards won.

It’s not why we
do this but it's
nice to see clients
recognized on a
national &
global stage.
1111
Talks given last year by
CivicBrand CEO Ryan
Short on Place branding,
engagement & placemaking.

BY THE NUMBERS
71 Founded in 2008, CivicBrand collaborates directly
with cities, counties, CVBs, DMOs, and downtown
organizations to implement strategies for public
engagement, community visioning, place branding,
placemaking, wayfinding, and destination marketing.

Counties are intricate ecosystems. They encompass
multiple cities, various departments, community
organizations, a blend of public and private initiatives, entities that both compete and collaborate, and serve
diverse audiences. However, at the end of the day,
they represent one unified place.

Effective place branding transcends mere logos; it
involves creating a comprehensive brand platform
and brand architecture that caters to a variety of
needs. Achieving this demands deep expertise in
equitable engagement, local government, economic
development, user experience, design leadership,
brand strategy, and tourism and destination
marketing.

While there are numerous firms and local freelancers
capable of designing appealing logos, communities
require more than just another logo or campaign.

They need clarity about their identity. They need a
shared vision that unifies and inspires. At CivicBrand, we specialize in assisting communities in carefully
navigating this process and telling a story that brings real impact to its residents, staff, and stakeholders.
2023 Finalist - Best Use of Design | Place Branding, High Point, NC 2021 Finalist - Best Use of Data | Placemaking, Waco, TX 2019 Finalist - Best Use of Design | Place Branding, Waupaca, WI 2018 Finalist - Best Citizen Engagement | Place Branding, Park Rapids, MN 15 years of helping
communities become the
best version of themselves

Page 6 ends

CivicBrand.com
"MADE-IN" BRAND

POP-UP SHOP FOR

TWO RIVERS, WI
72 To succeed in this space requires a deep
understanding of how civic entities work, the role of
public/private partnerships, funding options, planning
& development, and public engagement. There are
many great design firms out there that work across a
range of industries, from hotels to liquor brands, yet
lack deep experience in the civic realm.

On the other hand, there are civic consultants who
are well-versed in the civic space; however, they either outsource design work or their creative output leaves
much to be desired. At CivicBrand, we offer the best of both worlds. There isn’t a design firm that possesses a deeper understanding of the civic space than us, and
there isn’t a civic consultant with our level of design talent.
"CivicBrand's designs are cutting edge and don't have
that conventional government look and feel. They
really helped set us up for success."
Rich Brown, Economic Development Director
City of Santa Fe, NM
Creating a shared
identity through
place branding

Page 7 ends

CivicBrand.com
73 There’s a significant difference between a true ‘place’ and simply real estate or a collection of buildings.

Placemaking and Wayfinding can create a genuine
destination by integrating elements of place branding
and identity into the built environment, alongside a
focus on how people utilize and move through the
space or community. It goes beyond merely signage
or decorating the built environment and addresses
safety, walkability, beautification, traffic calming,
urban design, and even creatively tackles parking
challenges and perceptions.

From permanent wayfinding signage systems to
temporary activations of blocks, intersections,
alleyways, parking lots, and vacant spaces, CivicBrand
works with communities to infuse their brand into
the built environment and shape the overall user
experience.

Creating
places people
love through
placemaking &
wayfinding

Page 8 ends

CivicBrand.com
74 EDUCATION
• Human Centered Design, Pratt Institute - Brooklyn, NY • BBA Marketing, University of North Texas - Denton, TX

EXPERIENCE
15 Years Experience as CivicBrand co-founder

PROFESSIONAL AFFILIATIONS
• APA Colorado
• Congress for the New Urbanism (CNU)
• Main Street America
• Mobilizing for Monuments
• Proud Place, Founding Member
• Forbes Agency Council
• IAP2 - International Association of
Public Participation

RECENT AWARDS
2023 Finalist - City Nation Place Global
Best Use of Design - High Point, NC
2021 Finalist - City Nation Place Global
Best Use of Data - 7th Street Plaza, Waco, TX
2021 1st Place - APA New Mexico
Long Range Planning, Las Cruces, NM
2019 Finalist - City Nation Place Global
Best Use of Design - Waupaca, WI
2018 Gold Winner - Hermes Creative Awards
Brand Identity - Heartland Lakes / Park Rapids, MN
2017 Platinum Winner - Hermes Creative Awards
Brand Identity - Benioff Ocean Initiative
University of California Santa Baraba

Ryan Short - CivicBrand founder & Project Lead
Since 2008, Ryan Short has served as the CEO and co-founder of CivicBrand, an organization at the forefront of transformative place branding and community engagement. Ryan also hosts the "Eyes on The Street" podcast, where he engages in discussions about the intersection of place, identity, and community. He has been published on Forbes.com and is a frequent speaker on topics related to engagement, placemaking, and place branding.

With an unwavering passion for the profound impact of place on our lives, Ryan co-founded CivicBrand, dedicating himself to the mission of helping communities unlock their full potential. He has cultivated a proficient team, fine-tuned processes, and developed cutting-edge tools tailored to fully engage communities. These resources aren't just about attracting attention or visitors; they play a vital role in nurturing civic pride and facilitating the discovery and implementation of each community's authentic identity.

At the helm of CivicBrand, Ryan provides strong leadership, guiding the team toward realizing their shared vision of creating vibrant and meaningful places. His impressive portfolio of work spans diverse communities across the US, encompassing comprehensive city and county-wide branding initiatives, district branding projects, as well as placemaking and activation strategies that breathe life into once- neglected areas. Furthermore, Ryan has been a driving force behind various planning efforts, including comprehensive plans, open space and trails master plans, parks and recreation master plans, and downtown master plans, all aimed at shaping sustainable and thriving communities.

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75 Featured Clients

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76 Brand Strategy
Task 3
Approach
City of Orange, CA
District Brand Vision

1.1 Kick off meeting

1.2 Committee Meetings

1.3 Status Checks

1.4 Project website

1.5 Data Transfer
Kick-Off & Project Management
Task 1

3.1 Brand Vision

3.2 Brand Story & Principles

3.3 Identity Design

3.4 Messaging & Visual Language

3.5 Brand Guidelines
Research, Engagement & Audit
Task 2

2.1 Trip 1 - Engagement & Asset Audit

2.2 Virtual Engagement & Research

2.3 Place Brand Audit
Implementation
Task 4

4.1 Implementation Plan

4.2 Impact vs Effort Matrix

4.3 Placemaking Plan

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77 CIVICBRAND

STRATEGIST

BRISA BYFORD

LEADING A

FOCUS GROUP
Project Management
& Kick-Off
A process built
on proactive
communication &
transparency
Task 1.1 Kick-Off Meeting
We initiate the project with a virtual
meeting involving the staff project team
to align on project goals, processes,
and timelines. During this meeting,
we will also discuss the development
of a committee representing key
stakeholders in the district and the
Task 1 background information necessary
for data transfer, bringing the
CivicBrand team up to speed on all
existing developments in the district.

We will also look for opportunities
to collaborate and overlap the
engagement phase of the project with
the engagement work that City Thinkers
will be doing so that both the urban
design and identity work are shaped
by the same underlying vision and
engagement.

1.2 Committee Meetings
We will closely collaborate with the
staff team throughout the project,
occasionally engaging the committee

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78 PROJECT WEBSITE FOR CITY OF LUBBOCK, TX

BRANDING PROJECT
and council at crucial junctures. Our
process aims to avoid a big reveal at the
end, instead, aiming to garner support
gradually throughout the process. We
are mindful that meeting with more
than two council members at a time
constitutes a public meeting, so we
strategically plan how and when to
involve the council in the process. Most
committee meetings will be conducted
virtually, except for those that coincide
with our in-person visit.

1.3 Status Checks
We will collaborate with the staff project
team to establish a schedule for regular
check-in meetings. The frequency of
these meetings will vary at different
stages of the project.

1.4 Project website
We will launch a project website that
will serve as the 24/7 hub for public
information related to the project. This
platform will keep all stakeholders
informed about the process and
offer multiple options for interactive
engagement and survey questions
throughout the project.

1.5 Data Transfer
CivicBrand will request relevant
background information from the
project team, including previous
planning efforts, strategic plans, lists of
community assets, current brand assets
and files, maps, and other pertinent documents. It is
crucial that efforts like these reference and integrate with other plans and engagement activities that have
already been conducted to prevent engagement
fatigue, build upon existing work, and avoid operating
in isolation.

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79 CIVICBRAND
TEAM

CONDUCTING

AN ASSET

AUDIT IN HIGH

POINT, NORTH

CAROLINA
Research, Engagement
& Audit
In depth research and
equitable engagement
in order to measure
twice and cut once

2.1 Site Visit - Engagement & Audit
During our visit, the CivicBrand team
will embark on an extensive tour of the
district to establish existing conditions,
conduct initial interviews, and hold
in-person focus groups. We will also
engage with residents, visitors, and
business owners on the streets as we
Task 2 explore the community. Additionally,
the CivicBrand team will take inventory
and audit community assets during this
initial trip.

2.2 Virtual Engagement & Research
Following our visit, we will conduct
digital engagement and further
research. This includes interviews,
virtual focus groups, interactive surveys,
as well as audits of competing areas and
communities. CivicBrand is an industry
leader in public engagement, and we
employ a wide range of tools and tactics
to reach the community, maximizing the
project budget's impact.

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80 2.3 Place Brand Audit
This phase culminates in the delivery
of our Place Brand Audit. This
comprehensive audit summarizes all
our research, engagement, and SWOT
analysis across numerous categories
for the district. It represents the first
key deliverable and sets the stage for
entering the brand strategy phase. The
Place Brand Audit examines the current
identity, positioning, competing areas,
placemaking, the built environment,
mobility, and, using ArcGIS, delves deep
into the area's demographics. All of this
information will provide the foundation
for developing a brand strategy that is
both authentic and inspiring, while also
considering real-world constraints.

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81 CIVICBRAND

TEAM WORKING

ON CUSTOM

ILLUSTRATION
Brand Strategy
A comprehensive
brand platform is far
more than just a logo
and tagline

3.1 Brand Vision
Everything we learn in the Place Brand
Audit will shape the brand vision.

While engaging with diverse groups of
stakeholders, our goal is to discover the
underlying shared values and common
threads that will allow us to create a
shared brand vision. With a clear and
Task 3 shared vision for the future, we will
begin developing the strategy needed to
achieve that vision.

3.2 Brand Story & Principles
The brand story breathes life into the
vision through an inspiring narrative
that captures the essence of the
community and the strategic vision. The
brand principles serve as a decision-
making filter for all implementation
tasks and creative endeavors.

3.3 Identity Design
With an approved brand vision, story,
and principles in place, we will bring the
brand to life through identity design.

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82 BRAND CAMPAIGN / AIPORT ADVERTISING FOR WAUPACA, WI
This involves creating a comprehensive
brand platform and brand architecture
that defines the place brand and any
sub-brands or endorsement brands that
can be strategically used to comprise
the overall brand platform.

3.4 Messaging & Visual Language
In addition to the logo and brand
architecture elements, we will develop
messaging and a visual language. This
includes the look, feel, voice, tone,
colors, and associated elements that
collectively shape how the brand will be
communicated and give it life.

3.6 Brand Guidelines
Upon finalizing the branding, we will
produce a brand guidelines document
that provides detailed instructions
on how the brand should be used.

This document will define logo usage,
brand architecture rules, fonts, colors,
icons, and imagery. It will serve as a
reference document for staff, vendors,
or contractors who will work with the
brand.

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83 BRANDING
AND

MONUMENT

SIGNAGE FOR

BURLESON,
TEXAS
Implementation
A brand is built by
living the brand
promise on a daily
basis

4.1 Implementation Plan
The greatest brands in the world
meant nothing on day one. Their value
is entirely based on how they are
implemented, managed, and how they
fulfill the brand promise daily. The
implementation plan is organized by
strategic focus areas and provides a
Task 4 priority matrix for how the brand should
be implemented. This is a multi-phase,
multi-year implementation plan that
encompasses a diverse set of channels,
including digital and placemaking within
the built environment.

4.2 Impact v. Effort Matrix
It is essential for an implementation
plan to strike a balance between
quick-win projects and larger-scale
initiatives. Not all projects can be small,
and not all can be large. We will plot
all recommendations on an impact vs.
effort matrix, helping prioritize which
projects should be tackled first.

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84 PLACEMAKING ACTIVATION

IN HIGH POINT, NC

4.3 Placemaking Plan
A key element of implementation is
the placemaking plan. At CivicBrand,
we understand that placemaking goes
beyond merely hanging a banner or
incorporating a logo into the built
environment. Instead, it's about shaping
the built environment to authentically
reflect the brand principles of the
district. For example, consider our
recent project in High Point, North
Carolina. High Point's brand strategy
centers on the concept that they are a
hub of creativity, where all residents
are creators. One aspect of their
placemaking plan involved organizing
a temporary placemaking activation to
demonstrate how this brand concept
could be integrated in the long term
throughout their city. The activation
featured murals painted by local artists,
live music performed by local musicians,
craft beer brewed by local craft
brewers, and opportunities for people
to engage in activities that reinforced
the brand story that everyone in High
Point is creative. The placemaking
plan will surface areas within the
district where placemaking activations,
both temporary and permanent, can
serve as catalyst projects to spark
redevelopment and activate the
area. This, ultimately, will lead to the
realization of the place brand vision.

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85 CITY OF SANTA FE, NEW MEXICO

DISTRICT

BRANDING

MIDTOWN DISTRICT

BRAND STRATEGY
NM
District
Branding in
the heart of
Santa Fe
Casting the vision for
a brand new district in
Midtown Santa Fe
With the closing of a 34 acre college
campus in the heart of Santa Fe, the city
had a unique and once in a generation
opportunity to create a new district
in the heart of the city. After deep
engagement with the community, it
was clear that this needed to be a true
neighborhood and one that connects
with the neighboring areas rather than a
master planned development. Through
engagement, research, and staff
workshops, CivicBrand helped cast the
future vision of the district that would
guide future development of the area.

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86 DOWNTOWN GARLAND, TX

DISTRICT

BRANDING

PLACEMAKING AND

BRANDING
TX
Making
downtown
a place for
everybody
Public engagement,
placemaking and
downtown brand strategy
Downtown Garland is the heart of
Garland, TX and has changed over the
years. There was uncertainty on who
downtown was for. Is it for shopping?
Is it for night-life? Artists? Families?
CivicBrand conducted a placemaking
activation and multiple rounds of
engagement to understand what
Downtown Garland means to residents
and what they want it to be in the
future. Together we developed a brand
strategy and vision plan that shows
that Downtown Garland is for everyone
and created an implementation plan to
actually live up to that.

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87 FAIRFAX, VIRGINIA

PLACEMAKING
& VISION

BLENHEIM BOULEVARDVA
A strategic
vision for a
key corrdior
in Fairfax, VA
Developing a new
name, shared vision and
placemaking plan for Old
Lee Highway
In Fairfax, VA, our project involved
the renaming of Old Lee Highway to
Blehnheim Boulevard and the creation
of a strategic vision and placemaking
plan for a pivotal corridor slated for
full redevelopment. The end result was
a comprehensive brand and strategic
vision, driven by guiding principles,
poised to transform the corridor into a
vibrant, community-centered "complete
street" and a focal point for the area's
revitalization.

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88 CITY OF WAUPACA, WISCONSIN
PLACE

BRANDING

COMMUNITY-WIDE

BRAND PLATFORM
WI
Making
tourism
work for
residents
A City, Chamber, and CVB
collaboration, creating a
true place brand platform
The brand platform unified the
community through design and cast
a common vision and voice, while
at the same time allowing different
stakeholders and entities to use the
brand to support their different goals.

The city, like many small communities
across the country, needs to attract
talent, businesses and tourists, but they
need to do so in a way that does not
dilute the values of the community and
what has made it a great place to visit
and live for decades.

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89 CLACKAMAS COUNTY, OREGON

DESTINATION

MARKETING
MT. HOOD TERRITORY
& CLACKAMAS COUNTY
OR
Capturing the
spirit of the
Mt. Hood
Territory
Building a photo and
video content library for
Clackamas County
As part of a larger county-wide branding
initiative for Clackamas County, Oregon,
a key task was producing a library of
high quality imagery. The goal was
to build a robust and diverse library
of imagery that county staff could
utilize for a wide variety of marketing
and communication needs. Our team
captured hundreds of photos and hours
of video footage including Mt. Hood,
the different cities in Clackamas County,
local farms, businesses, residents,
parks, transit, recreational activities,
and the diverse residents that make up
the county.

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90 MONTHLY PROJECT SCHEDULE 1 2 3 4 5 6

KICK-OFF & DATA TRANSFER
TRIP 1 - ENGAGEMENT & RESEARCH

VIRTUAL ENGAGEMENT & RESEARCH

PLACE BRAND AUDIT

BRAND STRATEGY

IDENTITY & MESSAGING

IMPLEMENTATION PLAN
$70,000 (travel included)
Project Budget

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CivicBrand.com
91 Agenda Item
City Council
Item #: 3.5. 4/23/2024 File #: 24-0262
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Amy Harpster, Interim Library Services Director

1. SUBJECT
Agreement with Avidex Industries, LLC for the installation of audiovisual equipment in the El Modena Branch Library community room.

2. SUMMARY
An agreement with Avidex Industries, LLC to install a complete audiovisual solution for use in the El Modena Branch Library community room.

3. RECOMMENDED ACTION
Approve the agreement with Avidex Industries, LLC in the amount of $38,681.51 for installation of audiovisual equipment in the El Modena Branch Library community room; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
There is no direct fiscal impact to the City. The additional revenue received from the Friends of the Orange Public Library and the Orange Public Library Foundation will fund the expense for this agreement. $38,681.51 will be funded through General Fund:
100.2004.55131.19322 Library Foundation $20,000.00
100.2004.55131.19990 Library Friends $18,681.51

5. STRATEGIC PLAN GOALS
Goal 4: Provide outstanding public service
c: Enhance technology to improve public accessibility to information and services.

6. DISCUSSION AND BACKGROUND
In 2018, the City executed an agreement with Digital Networks Group for the installation of audio- visual equipment in the Orange Public Library & History Center community room, funded by the Orange Public Library Foundation. Digital Networks Group has since been acquired by Avidex Industries, LLC. The Library has received service and maintenance on an as-needed basis from Avidex Industries, LLC in the past five years.

The El Modena Branch Library community room does not currently have the same capability to hold programs and meetings as the Orange Public Library & History Center community room because of City of Orange Printed on 4/18/2024Page 1 of 2
powered by Legistar™
92 Item #: 3.5. 4/23/2024 File #: 24-0262
programs and meetings as the Orange Public Library & History Center community room because of obsolete and outdated equipment that are now nearing end of life. This agreement with Avidex Industries, LLC will provide a new projector screen, overhead projector, and sound system that will improve the quality of programs presented in the community room, as well as improve the user experience for community members who reserve the room for presentations and meetings.

The Orange Public Library will publicize the Friends’and Foundation’scontributions in a variety of ways, including plaques where appropriate and credit for support on the Library’swebsite, flyers, and social media.

7. ATTACHMENTS
· Agreement with Avidex Industries, LLC
City of Orange Printed on 4/18/2024Page 2 of 2
powered by Legistar™
93 Agenda Item
City Council
Item #: 3.5. 4/23/2024 File #: 24-0262
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Amy Harpster, Interim Library Services Director

1. SUBJECT
Agreement with Avidex Industries, LLC for the installation of audiovisual equipment in the El Modena Branch Library community room.

2. SUMMARY
An agreement with Avidex Industries, LLC to install a complete audiovisual solution for use in the El Modena Branch Library community room.

5. STRATEGIC PLAN GOALS
Goal 4: Provide outstanding public service
c: Enhance technology to improve public accessibility to information and services.

The El Modena Branch Library community room does not currently have the same capability to hold programs and meetings as the Orange Public Library & History Center community room because of City of Orange Printed on 4/18/2024Page 1 of 2
powered by Legistar™
94 Item #: 3.5. 4/23/2024 File #: 24-0262
programs and meetings as the Orange Public Library & History Center community room because of obsolete and outdated equipment that are now nearing end of life. This agreement with Avidex Industries, LLC will provide a new projector screen, overhead projector, and sound system that will improve the quality of programs presented in the community room, as well as improve the user experience for community members who reserve the room for presentations and meetings.

7. ATTACHMENTS
· Agreement with Avidex Industries, LLC
City of Orange Printed on 4/18/2024Page 2 of 2
powered by Legistar™
95 PROFESSIONAL SERVICES AGREEMENT
[Audiovisual Equipment Installation]

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 AVIDEX INDUSTRIES, L.L.C., a California limited liability company (“Contractor”), who agree as follows:

2. Compensation and Fees.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed THIRTY-EIGHT THOUSAND SIX HUNDRED EIGHTY -ONE DOLLARS and 51/100 ($38,681.51) 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.

96 2
b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.

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

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

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. 97 3
It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.

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

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

12. Reserved.

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

Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms 98 4
of compensation and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

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.

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.

b. Reserved.

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.

f. Reserved.
100
6 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.

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.

101
7 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.

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

(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 102
8 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.

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.

103
9 “CONTRACTOR” “CITY”

Avidex Industries LLC City of Orange
20382 Hermana Circle 300 E. Chapman Avenue
Lake Forest, CA 92630 Orange, CA 92866-1591

Attn.: Michael Stammire Attn.: Lara Paglinawan

Telephone: 949-428-6333 Telephone: 714-288-2572
E-Mail: [email protected] E-Mail: [email protected]

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

104
10 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.

“CONTRACTOR” “CITY”

AVIDEX INDUSTRIES, L.L.C., a California CITY OF ORANGE, a municipal corporation 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

√NA

105

EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
106
Quote
El Modena Library Rev1
El Modena Library
City of Orange
380 S Hewes St
Lara Paglinawan
Orange, CA 92869
Technology & Support Services Mgr
407 E Chapman Ave
Orange, CA 92866
Tel: 714-288-2572
David Suter
Ship To:

City of Orange
El Modena Library
Summary:

Avidex will provide a complete audio visual solution for the library . Projector and 113" screen for displaying content from either wireless presentation gateway or HDMI input plate. QTY 16 total speakers throughout library for coverage. Wireless microphone for voice reinforcement (pendant and handheld mic).

Control via MLC 200 button keypad. Additional amplifier for speaker coverage. Wireless presentation unit at projector location.

NEC 5,200 lumen WUXGA projector 10'2" to 16'6" for 113" diagonal screen Scope of Work
Retain and reuse the following owner furnished equipment:
-Qty 1 Bluray player
-Qty 1 equipment rack
Provide and install the following equipment:
-Qty 1 laser video projector
-Qty 1 projector mounting plate
-Qty 1 universal projector mount
-Qty 1 motorized projection screen
-Qty 1 HDMI input wall plates, mounted on front wall
-Qty 1 MLC button control panel for projector, screen, audio volume control -Qty 1 multichannel audio amplifier
-Qty 16 ceiling speakers
-Qty 1 rack mount power conditioner
-Qty 1 quad power outlet at projector location
-Qty 1 quad power outlet at equipment rack location
Assumptions/Exclusions:
-Power to be extended from closest available junction box -Network by others
-Patch/paint and ceiling repair by others
-All cable pathways accessible, surface raceway at additional charge -All surface raceway shall be white in color, unless otherwise noted -All owner furnished equipment is in good working order and free of defect -Configuration of owner furnished equipment by others
-Removal of obstacles by others (white boards, tack panels, posters, furniture, millwork, etc.) - Projector within 50' of WallVault / Rack, HDMI input within 50' of Wall Due to frequent and sudden changes in the material supply chain, including but not limited to costs of shipping, commodities, components, and finished goods, and ongoing disruptions to material availability and lead times due to manufacturing disruptions and delays, dates provided for delivery are subject to change. Please do not consider any ETA a commitment until tracking numbers are available. Scheduling of installation will occur when all materials have been obtained.
3/25/2024
Project Number: 200230781 42606-REV1
ExtendedUnit PriceDescriptionQtyMfr-Part No.
3/25/2024
Avidex Industries, LLC Project: 42606-REV1
20382 Hermana Cir. l Lake Forest, CA 92630 l Phone (949) 428-6333 l Fax (949) 428-6334 www.avidexav.com
California Contractors License # 981651
Printed on7/15/2023Created on Page 1 of 4
107
Projector / Screen
5,200 Lumen Laser WUXGA 2,426.85NEC NP-PE506UL 1 2,426.85 CMA-110 FLAT CEILING PLATE 58.43Chief-CMA110 1 58.43
UNIVERSAL RPA WHITE 191.66Chief-RPAUW 1 191.66
COSMO TNSD 113D DM 2,895.75DALITE-34482LS 1 2,895.75
FLOATING MOUNTING BRKTS L G WH 93.00DALITE-77027 1 93.00 Control & Switching
Digital WallVault System 4,910.98Extron 42-311-001952 1 4,910.98 Digital WallVault System 42-311-001952
Qty Model Name Description
1 WMK 160 WallVault Digital Wall Mount Kit
1 PVS 407D IP-Enabled Digital PoleVault Switcher with Integrated Audio Amplifier 1 PVT HDMI Digital Input, Dual HDMI - Decorator-Style Wallplate 1 MLC Plus 200 MediaLink# Plus Controller
1 SF 3C LP Full Range 3" Ceiling Speakers, 8 Ohm, Low Profile, Complete Pair 1 PPS 35 Priority Sensor, PoleVault Digital Sys
1 HDMIP/15 HDMI Plenum
2 SPK 18 cable-35' Speaker Cable: Pre-cut Two Conductor 18 AWG - Plenum - 35' (10.6 m) 1 STP20-2P/50 Power, control, audio cable - Plenum - 50' (15.2 m) 1 MLC IR/RS-232 P/50 Projector Communication Cable # Plenum - 50' (15.2m) 1 UTP24-4/50 CAT5 UTP Patch Cables; RJ-45 Male to Male - Plenum 1 XTP PI 100 XTP Power Injector
1 EWB 102 Two US gang external wall box: white
1 XTP DTP 24P/50 50' (15.2 m) XTP DTP 24 plenum cable 1 EWB 103 Three US gang external wall box: white
HDMI Twisted Pair Transmitter - 230 feet (70 m) 335.29Extron-60-1271-12 1 335.29 HDMI Twisted Pair Receiver - 230 feet (70 m) 335.29Extron-60-1271-13 1 335.29 100ft HDBaseT Certified Cat6a Cable CMP 220.28C2g CG43174 43174 1 220.28 15' High Speed HDMI Cable 41.46Liberty-HDPMM15F 2 82.92 Audio
VLM 3002H Pendant and Handheld VoiceLift Pro 1,225.00Extron 42-255-03 1 1,225.00 SoundField XD 6.5 Two-Way Ceiling Speaker with 8 393.75Extron-60-1310-03 7 2,756.25 " Composite Back Can and 70/100 V Transformer, Pair
Four Channel Amp, 100 watts at 70 volts 1,006.25Extron-60-1760-02 1 1,006.25 Other
Wired and Wireless Presentation Gateway 1,293.75Extron-60-1877-01 1 1,293.75 6' High Speed HDMI Cable w/Ethernet 18.75Liberty-HDPMM06F 4 75.00 1SP RACKSHELF 11DP 41.90Middle Atlantic-U1 1 41.90
IR Emitter Kit: With Shield 32.50Extron-70-283-01 1 32.50 16-02 UNS STR CMP Blk Jkt 305.00WindyCityWire 16-02P-BLK 2 610.00 Misc Consumables 352.94Avidex AVI4000 1 352.94
Avidex AVI4000 Misc Electrical Materials 205.882 411.76 Equipment 19,355.80
Professional Services 16,630.21
DIR PROJECT ID # AVI PWC/DIR # 1000004292 Shipping & Handling:

Lump Sum Project Total: $38,681.51
Pricing Summary
$1,586.05
$1,109.45
CA Local Tax
This Quote is Valid for 90 Days.
3/25/2024
Avidex Industries, LLC Project: 42606-REV1
20382 Hermana Cir. l Lake Forest, CA 92630 l Phone (949) 428-6333 l Fax (949) 428-6334 www.avidexav.com
California Contractors License # 981651
Printed on7/15/2023Created on Page 2 of 4
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1. Conduits/Electrical Work:
* All conduit is usable and free of obstructions
* Conduit, backboxes and sleeves provided by others
* 110 VAC outlets and circuits not included
* Core drilling not included, unless otherwise noted
* Power Supplies, surge suppressors, UPS not included
* Site shall be accessible during scheduled work hours
Design Criteria / Assumptions:

Terms

2. Pricing:
* All Pricing is confidential

3. Quality Assurance:
* All cabling complies with EIA-TIA 568/569B Standards
* All work shall comply with applicable Building Codes
* Changes to contract must be approved in writing
System Maintenance Offerings:

Ask about AVI’s other comprehensive Preventative Maintenance and Support Services programs intended to supplement manufacturer’s limited equipment warranties, provide ongoing technical support, prioritized emergency site response repairs, and periodic system training sessions. All of these recurring preventative maintenance features will help protect your AV system and financial investment . Please take advantage of these programs and contact your Account Manager or AVI’s Service Group for coverage options - Basic Maintenance Package: Preventative Maintenance Visit, System Status Reports, Help Desk Support, Emergency Response Priority, User Refresh Training, Extended Equipment Warranty, Labor, Free Shipping and Supplies Discounts.

Net 30
Payment Terms
* Monthly progress invoices will be issued with net 30-day terms. * The 360° Service Plan will be invoiced annually, in advance or at the date of commencement. * Freight and sales tax will be added to invoices based on current tax rates as required by state law on the invoice date. * Avidex reserves the right to charge for stored materials and/or equipment. * Avidex reserves the right to charge a 1.5% fee for late payment of invoices. 3/25/2024
Avidex Industries, LLC Project: 42606-REV1
20382 Hermana Cir. l Lake Forest, CA 92630 l Phone (949) 428-6333 l Fax (949) 428-6334 www.avidexav.com
California Contractors License # 981651
Printed on7/15/2023Created on Page 3 of 4
This proposal is valid for 90 days from the date appearing on the cover page. 109
Authorization to Process - Integration Services

AVIDEX INDUSTRIES, LLC
Confidential (FORM 16.2 Rev 200713-001)
Project Number: 200230781 42606-REV1
City of Orange
El Modena Library Rev1
Avidex will begin the implementation phase of this project upon receipt of the client purchase order or executed contract referring to this proposal and the mobilization fee.I have reviewed the available post-installation 360° Service Plan offerings with my account executive.
☐ I, the client, elect to decline the 360° Service Plan offering. By checking this box, I understand that I am declining the proposed service and support coverage for my audiovisual system.

Submitted by: Avidex Industries, LLC
_________________________ _________________________ ______________ Name Signature Date
Client Approval:
_________________________ _________________________ ______________ Client Name/Title Signature Date
Internal Avidex Approval:
_________________________ _________________________ ______________ Name Signature Date
Each party agrees that any electronic signatures above, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures . Delivery of an executed signature page to this Agreement by e-mail attachment, other means of electronic transmission with authorization to attach it to this Agreement , or any other means of electronic transmission used to obtain an electronic signature shall be deemed to have the same legal effect as delivery of an original signed copy . 3/25/2024
Avidex Industries, LLC Project: 42606-REV1
20382 Hermana Cir. l Lake Forest, CA 92630 l Phone (949) 428-6333 l Fax (949) 428-6334 www.avidexav.com
California Contractors License # 981651
Printed on7/15/2023Created on Page 4 of 4
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Agenda Item
City Council
Item #: 3.6. 4/23/2024 File #: 24-0264
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mike Vigliotta

1. SUBJECT
First Amendment to Attorney Services Agreement with McCune & Harber, LLP to provide legal services relating to litigation defense in the matter of Terrence Velasquez v. City of Orange.

2. SUMMARY
The City currently has an agreement with McCune & Harber, LLP to provide litigation services for the City’sdefense in the matter of Terrence Velasquez v. City of Orange for an amount not to exceed $30,000, which will soon be expended. The proposed First Amendment will increase the not-to- exceed amount by $30,000 for a total amount not-to-exceed $60,000.

3. RECOMMENDED ACTION
Approve a First Amendment to Attorney Services Agreement with McCune & Harber, LLP in the amount of $30,000; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this agreement is $30,000 and will be funded through Self-Insurance Liability (740) fund:
740.0301.51600.00000 Legal Services

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

6. DISCUSSION AND BACKGROUND
While the City Attorney’sOffice handles most litigation matters in-house, the City does contract with outside counsel when the complexity of a case or a significant burden to staff time requires additional staffing expertise.

The First Amendment of the agreement, to increase the contract by $30,000, will raise the total not to exceed amount to $60,000, and is necessary to carry out further defense of the City in this case.

7. ATTACHMENTS
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Item #: 3.6. 4/23/2024 File #: 24-0264
· First Amendment to Attorney Services Agreement
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Agenda Item
City Council
Item #: 3.6. 4/23/2024 File #: 24-0264
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mike Vigliotta

1. SUBJECT
First Amendment to Attorney Services Agreement with McCune & Harber, LLP to provide legal services relating to litigation defense in the matter of Terrence Velasquez v. City of Orange.

4. FISCAL IMPACT
The expense for this agreement is $30,000 and will be funded through Self-Insurance Liability (740) fund:
740.0301.51600.00000 Legal Services

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

7. ATTACHMENTS
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Item #: 3.6. 4/23/2024 File #: 24-0264
· First Amendment to Attorney Services Agreement
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FIRST AMENDMENT
TO

ATTORNEY SERVICES AGREEMENT

THIS FIRST AMENDMENT TO ATTORNEY 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 MCCUNE & HARBER, LLP, a limited liability partnership (“Law Firm”), with reference to the following:

A. City and Law Firm entered into an Attorney Services Agreement (Agreement No. 7530) dated as of August 1, 2023, which is incorporated herein by this reference (the “Original Agreement”); and

B. City and Law Firm 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 Law Firm 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 II. Payment -A. of the Original Agreement is increased by THIRTY THOUSAND DOLLARS and 00/100 ($30,000.00) and Section II. Payment -A. is hereby amended in its entirety to read as follows:

“City shall pay Law Firm as consideration for services satisfactorily rendered pursuant to this Agreement at the hourly rates set forth in the attached Exhibit “A”.

Total payments for services performed pursuant to this Agreement shall not exceed Sixty Thousand Dollars ($60,000.00) without prior approval of City Council of City.

A condition precedent to any payment to Law Firm shall be that Law Firm shall submit, at least quarterly, a separate statement of account on each file which clearly sets forth by dates the designated items of work, the work time of each item and amount charged for said work time.”

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 provisions 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 Agreement, the parties enter into this First Amendment on the year and day first above written.

“LAW FIRM” “CITY”

MCCUNE & HARBER, LLP 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:

Mike Vigliotta, City Attorney

*NOTE: If Law Firm 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.

√
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Agenda Item
City Council
Item #: 3.7. 4/23/2024 File #: 24-0153
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to Monet Construction, Inc. for Corporation Yard Renovation Project - Police Storage Facility (Phase 1A); Bid No.23-24.23.

2. SUMMARY
Bids for the City of Orange Corporation Yard Renovation Project-Police Storage Facility (Phase 1A) were received and opened on March 21, 2024. Five bidders responded to the notice inviting bids.

The apparent low bidder is Monet Construction, with a bid of $1,794,529.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $500,000 from the unreserved fund 553 balance to:
553.5028.56015.12982 City Trf. Tax Exempt Bonds City Facility Improvements

2. Approve the contract with Monet Construction, Inc. in the amount of $1,794,529 for the City of Orange Corporation Yard Renovation Project-Police Storage Facility (Phase 1A); and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this contract is $1,794,529 and will be funded through:
500.5028.56015.12982 Corp Yard Renovation $ 230,340
553.5028.56015.12982 Corp Yard Renovation $1,500,000
954.5028.56020.19809 City Facility Improvements $ 64,189 Total $1,794,529
Upon approval of the appropriation, the estimated fund balance in the City Infrastructure Bond (553) fund at June 30, 2024 will be $271,146.

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

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Item #: 3.7. 4/23/2024 File #: 24-0153
Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
The City of Orange Corporation Yard Renovation Project -Police Storage Facility (Phase 1A) includes a new police storage building with associated electrical improvements and lighting, storm drain improvements, and a new security perimeter wall for the adjacent Police Department employee parking lot. This phase brings the Corporation Yard one step closer to the planned site reconfiguration, which features a more efficient and enhanced layout due to the downsizing of the property.

The City Council previously approved an advertisement for bids on October 24, 2023. The bid solicitation was advertised on February 29, 2024, for a period of three weeks, and bids were opened on March 21, 2024. Five bids were received as follows:

1. Monet Construction, Inc., Tujunga $1,631,390

2. Horizons Construction Co., Orange $1,649,500

3. MBC Enterprises, Inc., Westminster $2,055,900

4. Metro Builders and Engineering Group, Ltd., Newport Beach $2,070,996

5. Kazoni, Inc., Costa Mesa $2,143,000
The low bid is about 25% higher than the engineer’sestimate. This may be due to the increasing costs of construction and materials. Staff checked the references and qualifications for Monet Construction, Inc. and found them to be acceptable, with adequate years of experience in completing contracts of a similar nature to this project. Therefore, staff recommends that Monet Construction, Inc. be awarded the contract in the total amount of $1,794,529, representing the original amount of $1,631,390, plus a 10% contingency of $163,139 for the City of Orange Corporation Yard Renovation Project -Police Storage Facility (Phase 1A).

Construction is scheduled to begin in June 2024 and is expected to be completed in 120 calendar days. Additionally, staff will continue the phased approach for the Corporation Yard Project, with Phase 1B scheduled to be advertised in summer.

7. ATTACHMENTS
· Bid Abstract
· Contract with Monet Construction, Inc.

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Agenda Item
City Council
Item #: 3.7. 4/23/2024 File #: 24-0153
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to Monet Construction, Inc. for Corporation Yard Renovation Project - Police Storage Facility (Phase 1A); Bid No.23-24.23.

The apparent low bidder is Monet Construction, with a bid of $1,794,529.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $500,000 from the unreserved fund 553 balance to:
553.5028.56015.12982 City Trf. Tax Exempt Bonds City Facility Improvements

2. Approve the contract with Monet Construction, Inc. in the amount of $1,794,529 for the City of Orange Corporation Yard Renovation Project-Police Storage Facility (Phase 1A); and authorize the Mayor and City Clerk to execute on behalf of the City.

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

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Item #: 3.7. 4/23/2024 File #: 24-0153
Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

1. Monet Construction, Inc., Tujunga $1,631,390

2. Horizons Construction Co., Orange $1,649,500

3. MBC Enterprises, Inc., Westminster $2,055,900

4. Metro Builders and Engineering Group, Ltd., Newport Beach $2,070,996

7. ATTACHMENTS
· Bid Abstract
· Contract with Monet Construction, Inc.

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CORPORATION YARD RENOVATIONS PROJECT ? PHASE 1A (#8994970) Bid Abstract Owner: Orange CA, City of
Solicitor: Orange CA, City of
03/21/2024 02:00 PM PDT
Section Title Item CodeItem Description UofMQuantityUnit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Corporation Yard
Renovations Phase 1A $1,212,800.00 $1,631,390.00 $1,649,500.00 $2,055,900.00 $2,070,996.00 $2,143,000.00 1 Demolish Existing Fence and Complete
Police Department 8' Wall Segments with
Precision Split Face Block including
Footings per plans and specifications LF 400 $412.00 $164,800.00 $587.00 $234,800.00 $600.00 $240,000.00 $700.00 $280,000.00 $63.00 $25,200.00 $1,279.25 $511,698.00 2 Complete Police Storage Building, Pad,
Services, and Improvements per plans and
specifications & Relocation and Demolition
of existing Police Storage Area per plans and
specifications. LS 1 $895,000.00 $895,000.00 $830,190.00 $830,190.00 $815,000.00 $815,000.00 $1,400,000.00 $1,400,000.00 $1,105,663.00 $1,105,663.00 $607,175.85 $607,175.85 3 Complete Storm Drain Improvements per
plans and specifications. LS 1 $79,000.00 $79,000.00 $418,800.00 $418,800.00 $493,000.00 $493,000.00 $234,000.00 $234,000.00 $533,233.00 $533,233.00 $437,740.00 $437,740.00 4 Complete Electrical Improvements per
plans and specifications and One New Light
Pole, Fixture, and Foundation per plans and
specifications. LS 1 $74,000.00 $74,000.00 $147,600.00 $147,600.00 $101,500.00 $101,500.00 $141,900.00 $141,900.00 $406,900.00 $406,900.00 $586,386.15 $586,386.15 Base Bid Total: $1,212,800.00 $1,631,390.00 $1,649,500.00 $2,055,900.00 $2,070,996.00 $2,143,000.00 Engineer Estimate Monet Construction, Inc
Horizons Construction
Company MBC ENTERPRISES INC.

Metro Builders and Engineers
Group, Ltd. Kazoni Inc
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CONTRACT
[City of Orange Corporation Yard Renovation Project – Phase 1A (Bid No. 23-24.23)]

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

ARTICLE 1
Work Performed

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

(1) The Construction Plans for City of Orange Corporation Yard Renovation Project – Phase 1A (Drawing SP-4163) prepared for City by Gillis & Panichapan Architects, Inc., approved by the Public Works Director and City Engineer on April 18 , 20 23, inclusive (the “Plans”);

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

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

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

(5) The Standard Plans; and

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

b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book, Greenbook and City of Orange Standard Special Provisions and Standard Plans are on file with City’s Public Works Director and are hereby specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges 122
2 that it has read, reviewed and understands the Plans, the Orange Book, the Greenbook, the Special Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of which documents shall be referred to herein collectively as the “Plans and Specifications.”

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

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

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

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

ARTICLE 2
Commencement of Work

Contractor shall commence the Work provided for in this Contract within fifteen (15) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within ninety (90) calendar days from such date, unless legal extension is granted in accordance with the terms set forth in the Greenbook. Time is of the essence in this Contract.

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

ARTICLE 3
Compensation

a. Contractor agrees to receive and accept an amount not to exceed ONE MILLION SIX HUNDRED THIRTY -ONE THOUSAND THREE HUNDRED NINETY DOLLARS and 123
3 00/100 ($ 1,631,390.00) as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence o f the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.

b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of ONE HUNDRED SIXTY- THREE THOUSAND ONE HUNDRED THIRTY-NINE DOLLARS and 00/100 ($163,139.00) has been added to the total compensation of this Contract. The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor , up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to the commencement of such Work or services.

c. The total amount of compensation under this Contract, including contingencies, shall not exceed ONE MILLION SEVEN HUNDRED NINETY-FOUR THOUSAND FIVE HUNDRED TWENTY-NINE DOLLARS and 00/100 ($1,794,529.00).

ARTICLE 4
Licenses

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

ARTICLE 5
Guarantees

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

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

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

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

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

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

ARTICLE 6
Water Quality

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

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

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5 ARTICLE 7
Independent Contractor; Contractor not Agent

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

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

ARTICLE 8
Public Work; Prevailing Wage

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

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

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

c. Contractor shall secure the payment of compensation to its employees in accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
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6 “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

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

ARTICLE 9
Equal Employment Opportunity

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

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

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

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

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

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7 ARTICLE 10
Conflicts of Interest

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

ARTICLE 11
Indemnity

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

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

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

ARTICLE 12
Insurance

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ARTICLE 13
Termination

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

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

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10 ARTICLE 14
Maintenance and Inspection of Records

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

ARTICLE 15
Compliance with Laws

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

b. Contractor represents and warrants that it:

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

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

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

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

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

d. Contractor shall, upon request of City, provide a list of all employees working under this Contract and shall provide, to the reasonable satisfaction of City, verification that all such 131
11 employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Contract without written notice to City , accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract.

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

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

ARTICLE 16
Governing Law and Venue

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

ARTICLE 17
Integration and Amendment

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

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

ARTICLE 18
Notice

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

132
12 “CONTRACTOR” “CITY”

Monet Construction Inc. City of Orange
7610 Day Street 300 E. Chapman Avenue
Tujunga, CA 91042 Orange, CA 92866-1591

Attn: Richard Boctor Attn: Joshua Soliz

Telephone: 818-330-7306 Telephone: 714-744-5588
E-Mail: [email protected] E-Mail: [email protected]

ARTICLE 19
Claim Resolution

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

ARTICLE 20
Counterparts

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

[Remainder of page intentionally left blank; signatures on next page] 133
13 “CITY”

CONTRACT, BONDS AND INSURANCE
APPROVED BY:

Mike Vigliotta, City Attorney

CITY OF ORANGE, a municipal corporation

By:

Daniel R. Slater
Mayor of the City of Orange

ATTEST:

Pamela Coleman, City Clerk

“CONTRACTOR”

MONET CONSTRUCTION INC., a California
corporation

[Note: Signature of Chairman of the By:

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

[Note: Signature of Secretary, Assistant By:

Secretary, Chief Financial Officer or Printed Name:

Assistant Treasurer is also required] Title:

√MMC

134

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ATTACHMENT NO. 1

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

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

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

Section 1771. Payment of general prevailing rate

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

This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. 136

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Section 1771.1 . Registration as a contractor or subcontractor required prior to bid submission; exceptions; violations; penalties
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code , or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code , provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) 137

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for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742 . The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the con tractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 138

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

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

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

Section 1775. Penalties for violations

(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
(B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor 140

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

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

(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journey man, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771 , 1811, and 1815 for any work performed by his or her employees on the public works project. 141

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

The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft -Hartley trust fund ( 29 U.S.C. Sec. 186(c)(5) ) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor - management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. 142

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

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

(a)(1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or underg o testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 143

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Orange City CouncilApril 23, 2024

Orange City Council
April 23, 2024