Agenda packet — Orange City Council, May 28, 2024 (part 4 of 4)

ASSEMBLY THIRD READING
AB 2309 (Muratsuchi and Pacheco)
As Amended May 9, 2024
Majority vote

SUMMARY
1) Authorizes any city attorney of a general law city or chartered city to prosecute any misdemeanor committed within the city arising out of a violation of state law notwithstanding the requirement that a county district attorney consent to any city attorney prosecuting a misdemeanor, provided that the legislative body of a city passes an ordinance granting prosecutorial authority to the City Attorney.
2) Requires any authority granted to a city attorney to prosecute a statewide misdemeanor, notwithstanding the district attorney's consent, may be rescinded by the city, and any authority shall terminate on whatever date is specified in the rescinding ordinance.

Major Provisions

COMMENTS

According to the Author
"Currently, cities cannot prosecute state misdemeanors that occur within their city without consent from the District Attorney. In 2020, Los Angeles County District Attorney George Gascon issued a directive which specified that certain misdemeanors would be dismissed before arraignment unless "exceptions" or "factors for consideration" exist. "In response to this directive, the City of Manhattan Beach attempted to contract with the City of Redondo Beach for prosecutorial services in order to prosecute the misdemeanors that the District Attorney's Office would be dismissing. This is an arrangement that the City of Hermosa Beach has had with the City of Redondo Beach since 2014. Despite having the willingness and ability to contract for prosecutorial services, the City of Manhattan Beach's request for consent to prosecute was denied.
"Cities possess a unique understanding of the public safety challenges within their jurisdictions.

However, in California, many cities do not have the ability to prosecute their own misdemeanors and must report to the county's District Attorney's Office if a city attorney does not have consent to prosecute misdemeanors. [This bill] empowers our cities and restores autonomy to local governments by allowing city attorneys to prosecute state misdemeanors to respond swiftly and appropriately to the public safety challenges they face. Granting prosecutorial authority to cities is an acknowledgment of their ability to tailor law enforcement responses to the specific needs and priorities of their communities."
Arguments in Support
According to the South Bay Association of Chambers of Commerce (SBACC): "As representatives of the business community in the South Bay region, comprising 17 local chambers of commerce, we recognize the importance of effective governance and legislation that 912
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promotes the well-being of our communities and businesses alike. [This bill] addresses critical issues related to the prosecution of misdemeanors and the enforcement of public health standards, both of which are vital components of maintaining public safety and fostering economic prosperity. The proposed amendments outlined in [this bill] offer practical solutions to streamline legal processes and enhance accountability in the prosecution of misdemeanors arising from violations of state law within our cities. By granting city attorneys broader authority to prosecute misdemeanors without the need for prior consent from district attorneys, this bill facilitates more efficient legal proceedings, thereby reducing bureaucratic hurdles and ensuring timely justice.
"Furthermore, [this bill] strengthens the reporting obligations of health officers regarding violations of standards at public beaches. By requiring health officers to report such violations directly to both the district attorney and city attorney without restrictions, the bill enhances transparency and expedites the remediation of environmental hazards, safeguarding the health and well-being of our residents and visitors. We also commend the inclusion of provisions for state reimbursement to local agencies and school districts for any mandated costs associated with implementing [this bill]. This demonstrates a commitment to fiscal responsibility and ensures that local jurisdictions are adequately supported in fulfilling their responsibilities under the proposed legislation. [This bill] aligns with the SBACC's mission to advocate for policies that promote economic growth, community development, and public safety. We urge you to support this important legislation, which will benefit our region and the state of California as a whole." Arguments in Opposition
According to the Felony Murder Elimination Project: "Under existing law, county district attorneys have jurisdiction to prosecute state offenses allegedly occurring in their counties. (Government Code, [Section] 26500.) Government Code, section 41803 permits a city attorney to prosecute misdemeanor offenses arising out of a violation of state law – but only with the consent of the county district attorney. We believe the current arrangement strikes the correct balance, leaving decisions about whether and how to prosecute state misdemeanors carrying county jail time to one county agency. This avoids inconsistent charging practices and policies between agencies, and limits charging disparities based on the location of an alleged crime. "In contrast, [this bill] would allow city attorneys to prosecute misdemeanors even if the district attorney has already determined that charges are not appropriate or are not in the interest of justice. Given racial and economic disparities across counties – particularly between urban, suburban, and rural areas within the same county – we fear divergent charging practices between the district attorney and the city attorney could have discriminatory results, with lower income Black and Brown defendants who live in inner cities being prosecuted differently than their wealthier white counterparts who live in other parts of the county. "Because state misdemeanor offenses carry possible incarceration in county jails and/or county probation supervision, we believe that authorization to prosecute such offenses should remain a county responsibility. Decisions about the use or misuse of scarce county resources factor into district attorneys' prosecutorial decision making. When a district attorney has determined that such resources are not warranted, that decision should not be overridden by the city attorney."

FISCAL COMMENTS
Unknown. This bill is keyed non-fiscal by the Legislative Counsel. 913
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VOTES
ASM PUBLIC SAFETY: 7-0-1
YES: McCarty, Alanis, Stephanie Nguyen, Reyes, Ting, Wilson, Zbur ABS, ABST OR NV: Lackey

UPDATED
VERSION: May 9, 2024
CONSULTANT: Kimberly Horiuchi / PUB. S. / (916) 319-3744 FN: 0002912 914
Agenda Item
City Council
Item #: 8.2. 5/28/2024 File #: 24-0195
0TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Award of Contract to SP Plus Corporation for Parking Enforcement Services; Bid No. 23-24.23.

2. SUMMARY
Five bids for Parking Enforcement Services, Bid No. 23-24.23, were received and opened on February 1, 2024. The most qualified bidder is SP Plus Corporation of Los Angeles, California in the amount of $2,493,271 for a five-year agreement.

3. RECOMMENDED ACTION
Approve the contract with SP Plus Corporation in the amount of $2,493,271 for Parking Enforcement Services; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this contract is $2,493,271 and will be funded through General Fund (100):
100.4041.51670.00000 Other Professional & Consulting Services

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

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

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

6. DISCUSSION AND BACKGROUND
The Orange Police Department Traffic Bureau oversees Parking Control Officers who are responsible for issuing parking citations to violators of the Orange Municipal Code (OMC) and California Vehicle Code (CVC). These types of violations include, but are not limited to, illegal parking in restricted areas, street sweeping, permit parking, and disabled parking. The duties of a Parking Control Officer are difficult due to very few positive interactions with the public. As a result, parking enforcement has seen a steady decline in personnel and an increase in the number of service requests.

Staff assesses parking enforcement operations on an ongoing basis to identify deployment and service needs. Since 2021, staff has identified key deficiencies and compared the City of Orange with City of Orange Printed on 5/23/2024Page 1 of 4
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Item #: 8.2. 5/28/2024 File #: 24-0195
service needs. Since 2021, staff has identified key deficiencies and compared the City of Orange with other similarly sized city parking enforcement programs. The main obstacle the Traffic Bureau is facing is reduced and inadequate staffing levels. To address these challenges and better prepare for future impacts, staff recommends outsourcing a portion of the city’sparking enforcement services. A balanced combination of city staff and contracted services will provide the highest efficiency and flexibility while meeting the needs of residents, businesses, and customers. With contracted staff, the city will maintain five full-time and two part-time parking enforcement officers within the Orange Police Department while utilizing five part-time checkers and one supervisor, contracted staff for parking citation issuance. The city and its residents benefit from parking enforcement staff that is comprised of individuals who are technically proficient, experienced, and highly motivated in a professional field that requires specialized skills. Parking enforcement is frequently requested by city residents and businesses near commercial areas, schools, and residential parking districts. Through this contract, there will be up to 13 parking enforcement officers/checkers to assist with parking enforcement responsibilities citywide.

The Police Department solicited a Request for Proposal (RFP 23-24.23) which was posted and distributed on January 5, 2024. RFP 23-24.23 was open for approximately 27 days, with a closing date of February 1, 2024. Five proposals were received from prospective parking enforcement firms and all vendors were invited to take part in the interview evaluation. Each proposal was carefully reviewed, evaluated, and scored/rated by the Police Department. The results of that process yielded SP Plus Corporation as the top ranked firm. From highest to lowest rating, the rankings are as follows:

1. SP Plus Corporation

2. LAZ Parking California, LLC

3. Inter-Con Security

4. Allied Universal Security Services

5. Patrol Master
Each evaluation committee member scored each company based on the criteria in the following table. The table below also provides the average total score received by each vendor, ranked from high to low.

Rating Criteria Max
Points
SP Plus LAZ
Parking
Inter-Con Allied
Universal
Patrol
Master
Service Requirements 25 23 21.3 21 15.3 13.3 Qualifications of Personnel 25 23 22.7 21 20 16 Prior Experience 25 23 22.7 21 17.7 11.7 References 15 15 15 15 13.3 5.7 Facility & Equipment Requirements 10 10 9.7 8.7 10 5.3 Total Score 100 94 91.3 86.7 76.3 52 The proposal by SP Plus was rated the highest by the evaluation committee based on the rating criteria in the RFP. SP Plus demonstrated that they have a high-level parking enforcement management team that understands the needs of our city, proven skills, and experience using state- City of Orange Printed on 5/23/2024Page 2 of 4
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Item #: 8.2. 5/28/2024 File #: 24-0195
management team that understands the needs of our city, proven skills, and experience using state- of-the art technologies for effective enforcement. SP Plus is certified by the International Parking Institute as an Accredited Parking Organization with Distinction, which represents the top 5% of the industry. SP Plus employs approximately 20,000 employees, operates 3,600 facilities, manages over

2.1 million parking spaces, and operates in 350 cities. Agencies that utilize SP Plus for parking enforcement services in Orange County include the cities of Anaheim and Fullerton.

Under this contract, SP Plus will provide parking enforcement staff to enforce OMC parking regulations city-wide with an emphasis on street sweeping enforcement. There are five street sweepers handled by CR&R that cover 47 routes broken into coverage that exists Monday through Thursday with varying times. Parking enforcement hours will be tailored to the needs of the city, and at a minimum, provide eight hours per day, four days a week. The city has the ability, at any time, to decrease the number of enforcement officers, expand the covered area, and adjust the enforcement schedule.

The city currently contracts with Data Ticket, Inc. (DTI) for parking permit and citation processing services. As a data processing company, DTI also provides a wide variety of handheld ticket writers, software, and printers used to issue citations. To ensure contracted parking enforcement checkers are utilizing the most effective and efficient equipment and technologies, the city, through DTI, will provide parking enforcement checkers with new handheld ticket writers and printers procured through a purchase or lease agreement with DTI. DTI does not contract with third-party vendors and will only contract with the city. The cost of handheld devices and equipment will net against revenue generated through parking enforcement services. In addition, new hybrid vehicles, Toyota Prius LE, will be provided by the contractor and are equipped with a fixed and permanent amber/white LED lightbar, safety triangles, flares, cones, smart drive device, first aid kit, fire extinguisher, and reference binder containing standard operating procedures and ordinances. All vehicles used by contracted staff will be clearly identifiable as performing parking enforcement for the City of Orange.

SP Plus anticipates a 90-day transition upon contract execution. This transition includes vehicle lease, procurement and implementation of new handheld devices and printers, and hiring and training of parking enforcement staff. Pricing is based on an hourly cost for services including direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. The total five- year expense of $2,493,271 also factors up to 3% annual escalation for personnel wages.

The number of citations issued per checker is subjective and will vary amongst parking enforcement personnel. Of the parking citations issued, approximately 30% of parking citations are unpaid, paid late with late fees, or sent to collections. The revenue collected per month is a combination of current and past due citations and will vary each month. Similarly, corresponding processing and county fees of approximately 10% and 18% respectively, are collected with net proceeds paid to the city. The city anticipates increased issuance of citations in the first year. However, as parking enforcement improves citations issued may decrease as will the net revenue received and corresponding fees.

At best, net proceeds for 10,000 citations paid per year is approximately $468,000 per checker or $2,340,000 for five checkers per year. Due to supervisory responsibilities, the expected revenue generated for a supervisor is anticipated to be half of a checker or $234,000 annually. Projections are based on volume generated by current part-time parking enforcement staff and does not include current city parking enforcement contribution. Over a five-year period, the total anticipated net revenue generated by five parking enforcement checkers and one supervisor is expected to range between $8 and $10 million.

Staff is requesting approval of the parking enforcement agreement with SP Plus Corporation in the City of Orange Printed on 5/23/2024Page 3 of 4
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Item #: 8.2. 5/28/2024 File #: 24-0195
Staff is requesting approval of the parking enforcement agreement with SP Plus Corporation in the amount of $2,493,271. This expense will be included as a budget decision package beginning in Fiscal Year 2024-2025.

7. ATTACHMENTS
· Agreement with SP Plus Corporation
City of Orange Printed on 5/23/2024Page 4 of 4
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Agenda Item
City Council
Item #: 8.2. 5/28/2024 File #: 24-0195
0TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Award of Contract to SP Plus Corporation for Parking Enforcement Services; Bid No. 23-24.23.

4. FISCAL IMPACT
The expense for this contract is $2,493,271 and will be funded through General Fund (100):
100.4041.51670.00000 Other Professional & Consulting Services

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

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

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

Staff assesses parking enforcement operations on an ongoing basis to identify deployment and service needs. Since 2021, staff has identified key deficiencies and compared the City of Orange with City of Orange Printed on 5/23/2024Page 1 of 4
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Item #: 8.2. 5/28/2024 File #: 24-0195
service needs. Since 2021, staff has identified key deficiencies and compared the City of Orange with other similarly sized city parking enforcement programs. The main obstacle the Traffic Bureau is facing is reduced and inadequate staffing levels. To address these challenges and better prepare for future impacts, staff recommends outsourcing a portion of the city’sparking enforcement services. A balanced combination of city staff and contracted services will provide the highest efficiency and flexibility while meeting the needs of residents, businesses, and customers. With contracted staff, the city will maintain five full-time and two part-time parking enforcement officers within the Orange Police Department while utilizing five part-time checkers and one supervisor, contracted staff for parking citation issuance. The city and its residents benefit from parking enforcement staff that is comprised of individuals who are technically proficient, experienced, and highly motivated in a professional field that requires specialized skills. Parking enforcement is frequently requested by city residents and businesses near commercial areas, schools, and residential parking districts. Through this contract, there will be up to 13 parking enforcement officers/checkers to assist with parking enforcement responsibilities citywide.

1. SP Plus Corporation

2. LAZ Parking California, LLC

3. Inter-Con Security

4. Allied Universal Security Services

Rating Criteria Max
Points
SP Plus LAZ
Parking
Inter-Con Allied
Universal
Patrol
Master
Service Requirements 25 23 21.3 21 15.3 13.3 Qualifications of Personnel 25 23 22.7 21 20 16 Prior Experience 25 23 22.7 21 17.7 11.7 References 15 15 15 15 13.3 5.7 Facility & Equipment Requirements 10 10 9.7 8.7 10 5.3 Total Score 100 94 91.3 86.7 76.3 52 The proposal by SP Plus was rated the highest by the evaluation committee based on the rating criteria in the RFP. SP Plus demonstrated that they have a high-level parking enforcement management team that understands the needs of our city, proven skills, and experience using state- City of Orange Printed on 5/23/2024Page 2 of 4
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Item #: 8.2. 5/28/2024 File #: 24-0195
management team that understands the needs of our city, proven skills, and experience using state- of-the art technologies for effective enforcement. SP Plus is certified by the International Parking Institute as an Accredited Parking Organization with Distinction, which represents the top 5% of the industry. SP Plus employs approximately 20,000 employees, operates 3,600 facilities, manages over

2.1 million parking spaces, and operates in 350 cities. Agencies that utilize SP Plus for parking enforcement services in Orange County include the cities of Anaheim and Fullerton.

Staff is requesting approval of the parking enforcement agreement with SP Plus Corporation in the City of Orange Printed on 5/23/2024Page 3 of 4
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Item #: 8.2. 5/28/2024 File #: 24-0195
Staff is requesting approval of the parking enforcement agreement with SP Plus Corporation in the amount of $2,493,271. This expense will be included as a budget decision package beginning in Fiscal Year 2024-2025.

7. ATTACHMENTS
· Agreement with SP Plus Corporation
City of Orange Printed on 5/23/2024Page 4 of 4
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PROFESSIONAL SERVICES AGREEMENT [Parking Enforcement Services] THIS PROFESSIONAL SERVICES AGREEMENT Orange, California, on this _____ day of ___________________, 2024 (SP PLUS CORPORATION, a Delaware corporation (Contractor), who agree as follows: 1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor which is attached hereto and incorporated herein by reference. As a material inducement to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The services which are the subject of this Agreement are not in the usual representation that it is independently engaged in the business 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 providing 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. Kirk Salmon, Sergeant Contractor will report for the performance of services hereunder. It is understood that Contractorperformance hereunder shall be under the supervision of Citydesignee), that Contractor shall coordinate its services hereunder with Citythe extent required by CityContractor shall be performed to the satisfaction of Citythe City Manager. 2. Compensation and Fees; Term. a. Contractor's total compensation for all services performed under this Agreement, shall not exceed TWO MILLION FOUR HUNDRED NINETY-THREE THOUSAND TWO HUNDRED SEVENTY-ONE DOLLARS and 04/100 ($2,493,271.04) without the prior written authorization of City. b. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses. c. The term of this Agreement shall commence on May 28, 2024, and terminate on June 30, 2029 unless earlier terminated as provided herein. The term of this Agreement may be extended by mutual agreement of the Parties on a year-by-year basis for a maximum of three (3) one (1) year additional terms. If such option is exercised, the terms and conditions quoted herein (with the exception of pricing) are to remain firm for the term 923
2 extension(s) of this Agreement. Any adjustments to pricing shall be agreed to by the Parties in writing prior to the commencement of any term extension(s). d. Because necessary parking control enforcement equipment cannot be procured by Contractor, City agrees to cover administrative expenses associated with any necessary equipment such as subscription fees, handheld devices, printers, paper, etc. e. Moreover, as delineated in subsequent change orders or written instruments, the parties will establish terms and conditions governing the utilization of five (5) parking spaces located at 1107 N. Batavia Street, Orange, CA 92867, designated for the storvehicles. Each parking space is valued at FIFTEEN DOLLARS and 00/100 ($15.00) per day. at TWO THOUSAND TWO HUNDRED SEVENTY-FIVE DOLLARS and 00/100 ($2,275.00) monthly, totaling TWENTY-SEVEN THOUSAND THREE HUNDRED DOLLARS and 00/100 ($27,300.00) annually. f. If any increase due to any applicable (i) governmental action imposing or increasing employer-provided medical insurance or other benefits, workers compensation rates, or federal, state or local minimum wage or living wage rates, paid sick or family leave, disability benefit taxes, or the cost of disability premiums required to cover state-mandated disability coverage, or (ii) cost increases under a collective bargaining agreement, then any such increase shall be reimbursed by 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. City will pay Contractor the amount invoiced within thirty (30) days after the approval of the invoice. d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 4. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by City as an amendment to this Agreement. 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 . 924
3 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 equipment which may be required for furnishing services pursuant to this Agreement. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.

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

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

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

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

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

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.

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4 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. Except for Retained Intellectual Property, t he documents, studies, evaluations, assessments, 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. “Retained Intellectual Property” shall mean Contractor’s concepts, data, designs, developments, documentation, drawings, hardware, improvements, information, inventions, processes, software, techniques, technology, tools, and any othe r intellectual property, and any third party licenses or other rights to use any of the foregoing, that (a) exists prior to the effective date of the Agreement; or (b) are developed entirely independently of City, at any time, without any use, knowledge of, or reference to, the City’s confidential information or other information obtained in connection with this Agreement.

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

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

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

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

c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials. 926
5 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 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. Notwithstanding anything to the contrary herein, in no event shall either party be liable under any circumstances to the other party for any loss of profit, indirect, incidental, special, exemplary, compensatory, punitive or consequential damages resulting from or arising out of this Agreement, regardless of whether such liability is asserted on the basis of contract, statute, tort (including negligence or strict liability), or otherwise.

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

d. The indemnities 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.

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6 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 workers’ 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) Five Million Dollars ($5,000,000) 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 Two Million Dollars ($2,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis.

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

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

f. Reserved.

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

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

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

928
7 i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in California so long as such insurer possesses 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 terminate this Agreement without cause or penalty by giving Contractor not less than five (5) days’ written notice of intent to terminate. Either party may terminate this Agreement upon the other party’s breach of this Agreement provided the breaching party first receives written notice of such breach and fails to remedy same, within ten (10) days if a monetary breach or within thirty (30) days if a non-monetary breach, after receipt of written notice thereof, or if the breaching party fails to commence remedying such non-monetary breach within said 30-day period if such breach cannot be reasonably remedied within thirty (30) days. Upon a termination, Contractor shall immediately cease work, unless the notice from City provides otherwise. Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

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

City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its 929
8 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 prevailing rates 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.

c. Contractor represents and warrants that it:

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

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

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

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

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

e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such 930
9 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”

SP Plus Corporation City of Orange
200 E. Randolph Street, Suite 7700 300 E. Chapman Avenue Chicago, IL 60601 Orange, CA 92866-1591
Attn.: Legal Dept. Attn.: Kirk Salmon, Sergeant

Telephone: (213) 219-0104 Telephone: (714) 744-7323 E-Mail: [email protected] E-Mail: [email protected]

25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same 931
10 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”

SP PLUS CORPORATION, CITY OF ORANGE, a municipal corporation a Delaware 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: 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

Timothy Downey
Senior Vice President
932

EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
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FEBRUARY 1 , 2024 SUBMITTED TO
Proposal submitted in response to
Request for Proposal
No. 23-24.23 for
Parking Enforcement Services
City Clerk
Purchasing Division
City of Orange
300 E. Chapman Avenue
Orange, California 92866

CITY OF ORANGE, CALIFORNIA

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TABLE OF CONTENTS
Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 1 TAB SECTION DESCRIPTION PAGE #
A. COVER LETTER ............................................................................................. 2 Cover Letter ...................................................................................................................... 3 Attachment B – Certificate of Non-Collusion ...................................................................... 5 Addendum No. 1 Acceptance – Receipt of Addendum ...................................................... 6 Addendum No. 2 Acceptance – Receipt of Addendum ...................................................... 7 B. COMPANY DATA ............................................................................................ 8 Company Data .................................................................................................................. 9 Company Overview ......................................................................................................... 13 C. CERTIFICATE OF INSUR ANCE ................................................................... 17 Insurance Coverage ........................................................................................................ 18 Sample Certificate of Insurance ....................................................................................... 19 D. VALIDITY OF PROPOSAL ............................................................................ 21 Validity of Proposal .......................................................................................................... 22 E. CERTIFICATION OF UND ERSTANDING ...................................................... 23 Certification of Understanding ......................................................................................... 24 F. STATEMENT OF COMPLIA NCE WITH AGREEMENT’S ARTICLES / TERMS AND CONDITIONS ........................................................................................ 25 Statement of Compliance with Listing of Exceptions ........................................................ 26 Exceptions Attachment (2 pages) .................................................................................... 27 G. RESUMES AND QUALIFIC ATIONS OF RESPONDER’ S PERSONNEL ....... 29 The Management Team .................................................................................................. 30 H. REFERENCES .............................................................................................. 34 Municipal References ...................................................................................................... 35 I. WORK PLAN ................................................................................................ . 37 Work Plan........................................................................................................................ 38 J. FEE ............................................................................................................... 50 Cost Proposal .................................................................................................................. 51 K. RELATED EXPERIENCE AND REFERENCES ............................................. 52 Related Experience – Case Study ................................................................................... 53 Municipal References in California .................................................................................. 58 L. RESOURCES TO BE PROVIDED BY THE CITY .......................................... 60 Required Resources ........................................................................................................ 61 M. EVALUATION PROCESS A ND CRITERIA PROCESS ................................ . 62 Evaluation/Criteria Processes .......................................................................................... 63 N. SELECTION/AWARD PROC EDURES .......................................................... 64 Selection/Award Procedures ........................................................................................... 65

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SECTION A
Cover Letter

936
SP+ Municipal Services
Los Angeles Regional Office
3470 Wilshire Boulevard
Suite 400
Los Angeles, CA 90010
213-488-3100
spplus.com | parking.com | bagsinc.com
Wanda Alvarez.

Purchasing Officer
City of Orange
300 E. Chapman Avenue
Orange, CA 92866
Due Date: February 1, 2024
Respondent: SP Plus Corporation (“SP+”) (d/b/a SP+ Municipal Services) Re: RFP No. 23-24.23 – Parking Enforcement Services
Dear Selection Committee,
SP+ Municipal Services, an operating division of SP Plus Corporation (“SP+”) (NASDAQ: SP), is a publicly traded corporation, formed in Chicago in 1929, that employs more than 23,000 personnel nationwide. We are industry professionals who have the experience and expertise to deliver extraordinary services to each municipality with whom we partner and ultimately to the patrons of its parking system. The information and recommendations in our response have been tailored to provide details into our approach toward the City of Orange’s Parking Enforcement Services Request for Proposals.

EXPERIENCE IS KEY
SP+ understands the nuances of municipal parking dynamics. With a focus on providing superior customer service, cutting edge operational practices, and actively collaborating with stakeholders, SP+ has a proven track record in delivering world class municipal parking management services.

In our 9 5+ years of operation, SP+ has grown to be one of North America’s largest parking management companies and operates 50+ municipal parking locations across 34 states. No other provider has more extensive experience in municipal parking management than SP+.

Our goal is to continue providing the City of Orange with a first -class professional parking enforcement management program, which utilizes the latest technology in project management, enforcement, analytics, maintenance, and human resources. Having the opportunity to learn more about the direction of the City over the last few months as well as our local team’s experience in the market and while operating in neighboring Cities, SP+ Municipal Services is confident in our ability to deliver exceptional results across your entire program.

Our methods are comprehensive, tested, and designed to achieve your goals and objectives. We focus on the following keys to success, which we will further articulate in our response:

Partnership Approach – community involvement and stewardship Outcome Based Management – using data to drive program performance Technology – leveraging technology for accountability and transparency Customer Service – commitment to exemplary representation of City of Orange RATIONALE FOR AWARD – SP+’S MUNICIPAL SERVICES TEAM
The City of Orange stakeholders and the on-site parking team will receive the full support of the SP+ Municipal Services division. Going beyond daily operational support, the City can expect the highest level of responsiveness, guidance, innovation, and backing from the industry’s most experienced and well -versed team of dedicated on -street parking professionals. A partnership with SP+ means linking the City’s parking operation to our 50+ municipal parking operations across 34 states.
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938
939
940
941

SECTION B
Company Data

942
B. COMPANY DATA
Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 9 Company Data

1. State the company’s official name and address and the names and titles of its principal officers; indicate what type of entity, such as corporation, partnership, joint venture, sole proprietorship, etc. and indicate i f the firm is incorporated.

LEGAL NAME AND TYPE OF ENTITY
Our legal name is SP Plus Corporation (“SP+”) (d/b/a SP+ Municipal Services). SP Plus Corporation is a public corporation traded on the NASDAQ exchange under the symbol SP .

OFFICE ADDRESSES
Corporate Headquarters
200 East Randolph Street
Suite 7700
Chicago, IL 60601
Los Angeles Regional Office
3470 Wilshire Blvd
Suite 400
Los Angeles, CA 90010

DIRECTORS AND OFFICERS LISTING
DIRECTORS :

Marc Baumann, Chairman
Alice Peterson, Director
Gregory Reid, Director
Wyman Roberts, Director
Diana Sands, Director
Douglas Waggoner, Director
OFFICERS :

Marc Baumann, CEO
Chris Sherman, President – Commercial
Ritu Vig, President – Aviation
Wenyu Blanchard, CLO, Secretary
Jeff Eckerling, CGO
Colleen Kozak, CHRO
Kristopher Roy, CFO, Treasurer
Bob Miles, President – Bags
Jason Finch, President, Airports West
Robert Reiser, President, Airports East
James Buczek, COO
David Lombardi, CBDO
Greg Pearson, CTO
Steve Bruner, Sr. VP
Michael D’Agnostino, Sr. VP
Tim Downey, Sr. VP
Thomas Hagerman, Sr. VP
Nicole Hankins, Sr. VP
Connie Jin, Sr. VP
Donald Jordan, Sr. VP
Vincent Raguseo, Sr. VP
Gary Roberts, Sr. VP, Controller, Asst. Treasurer
Jason Spoeth, Sr. VP
Christopher Tretter, Sr. VP
Kathleen Alforque, VP
Victor Alistar, VP
Robert Alva, VP
Ellen Ashkenazi, VP
Eduardo Barcos , VP
Dan Brown, VP
Charles Cangialosi, VP
Shevket Dardovski, VP
Issa Diakite, VP
Shiang Duffy, VP
Mark Garcia, VP
Michael Giles, VP
Anji Gradoville, VP
Pamela Grossman, VP
Bret Harvey, VP
Jim Healy, VP
Lisa Jakstas, VP
Lori James, VP
943
B. COMPANY DATA
Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 10 OFFICERS – Continued
Jim Healy, VP
Lisa Jakstas, VP
Lori James, VP
Erik Jarmusz, VP, Assoc Gen Counsel
Donald Jones, VP
Jeffery Jones, VP
Robert Kamper, VP
Richard Kapper, VP
Bob Kohler, VP
Rick Kreiter, VP
Elaine Lerner, VP
Eric Loudin, VP
Tami Lumbatis Meyer, VP
Shunt Madanyan, VP
Greg Mason, VP
Jeff Miller, VP
Michelle Miller, VP
Brett Munkel, VP
Daniel Murray, VP
Tim Nickerson, VP
Jim Ostling, VP
Cristine Paull, VP
Paul Perusich, VP
Libby Redmon, VP
Ernesto Rennella, VP
Amit Rohatgi, VP
Aaron Rogers, VP
Justin Rogers, VP
Scott Sacks, VP
Ramkumar Sampathkumar, VP
Alex Schueler, VP
Anthony Squeo, VP
Kristin Statler, VP
Charles Voase, VP
Roger Walters, VP
Kara Warner, VP, Asst. Controller
Greg Warren, VP, Chief Info Sec. Officer
Bassem Wassef, VP
Steve Witte, VP

INCORPORATION
SP+ was incorporated in the state of Delaware. The filing date of our Certificate of Incorporation with the State of Delaware Secretary of State was on September 24, 1981. Our Virginia SCC Number is F0401622.
----------------------------------------------------------------

2. Provide the firm's Federal Employer I. D. Number.

FEDERAL EMPLOYER I.D. NUMBER
16-1171179
----------------------------------------------------------------

3. Provide the name and address of the person to receive notices who is authorized to make decisions and represents the company. Specify in what capacity the person shall be representing the entity and any limitations to their authority.

AUTHORIZED COMPANY REPRESENTATIVE
Ernesto Rennella, Vice President
470 Wilshire Blvd, Suite 400
Los Angeles, CA 90010
We have designated Ernesto Rennella, who is an officer of the company, as the individual who will negotiate with the City and who can contractually bind the Proposer’s firm. ---------------------------------------------------------------- 944
B. COMPANY DATA
Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 11

4. Furnish the complete firm's address for any mailed funds.

REMITTANCE ADDRESS
1790 Paysphere Circle
Chicago, IL 60674-1790
----------------------------------------------------------------

5. State any failures or refusals to complete any contracts and a complete explanation.

TERMINATIONS FOR BREACH/CONTRACT DEFAULT CLAIMS
In the ordinary course of its business, SP+ does not maintain a repository that it can query to identify allegations of contract defaults or the reasons for the termination of a particular parking location. SP+ acknowledges that it has negotiated early terminations of management contracts, has had management contracts terminated upon sale of the underlying property, and has had management contracts terminated for convenience by clients prior to their expiration dates, which is a right that is common in the parking management industry. Nonetheless, SP+’s retention rate is very high given the nature of the parking business and the high volume of facilities operated by SP+.

While SP+ has been subject to some default allegations, they have typically been resolved to the satisfaction of both parties or, in rare instances, resulted in a negotiated early termination of the contract. Some disputed allegations of default have even resulted in litigation, but within the last five years, there has not been a court judgment finding that SP+ breached any contract under which it operates any parking location.
----------------------------------------------------------------

6. Indicate the number of years in business under the present business name.

PRESENT BUSINESS NAME
SP Plus Corporation was originally founded in Chicago, Illinois, in 1929 as Standard Parking.

Starting with one downtown parking lot, we soon expanded to numerous locations including hotels and medical centers. In the 1950s, we started the first paid airport parking operation at Cleveland Hopkins International Airport. In the late 1970s, Standard Parking started a rapid expan sion program that made it a national company. In 2013, Standard Parking Corporation merged with Central Parking Corporation, creating SP Plus Corporation, one the largest full service mobility solutions firm in the North America with operations in the U.S., Puerto Rico and Canada. ----------------------------------------------------------------

7. Indicate the number of years of the firm ’s experience in providing required, equivalent or related products and services.

FIRM’S EXPERIENCE IN PARKING MANAGEMETN SERVICES
Founded in 1929, SP+ has been operating in parking for 95 years. ---------------------------------------------------------------- 945
B. COMPANY DATA
Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 12

8. Submit a detailed statement indicating whether the Responder is totally or partially owned by another business organization or individual that will be providing the services to meet the requirements of the Proposal.

ACQUISITION BY METROPOLIS TECHNOLOGIES, INC.

As announced in the press release on October 5, 2023 ( https://spplus.com/metropolis - technologies -inc-to-acquire -sp-plus -corporation -for-1-5- billion/ ), SP+ and Metropolis Technologies, Inc. have signed an Agreement and Plan of Merger. Until the acquisition of SP+ by Metropolis is complete, the two companies will remain completely independent and will continue to do business as usual. Additional Q&A regarding this acquisition can be found at https://spplus.com/acquisition -announcement . ----------------------------------------------------------------

9. Submit a detailed statement indicating whether the Responder totally or partially owns any other business organization that will be providing the services to meet the requirements of the Proposal.

CORPORATION WITH EXTENSIVE RANGE OF SERVICES
SP+ will be providing the services to meet the requirements of the Proposal. ---------------------------------------------------------------- 946
B. COMPANY DATA
Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 13 370 CITIES
operating in
4 BILLION
in gross receipts annually
3,400 F ACILITIES
office, hotel, retail, aviation+
2 MILLION
parking stalls managed
20,000 EMPLOYEES
globally
1,100 SHUTTLES
in operation
Company Overview
SP+ (www.spplus.com) develops and integrates
industry-leading technology with best -in-class
operations management and support to deliver
mobility solutions that enable the efficient and
time-sensitive movement of people, vehicles, and
personal travel belongings.

Our extensive range of services encompasses
professional parking management, ground
transportation, luggage logistics and
management, facility maintenance, and event
logistics.

At SP+, Our Promise is “Making Every Moment
Matter for a World on the Go™.” This commitment
is integrated into solutions we provide for our
clients, customers, and employees.
947
B. COMPANY DATA
Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 14 SP+ MUNICIPAL SERVIC ES DIVISION
Working closely with municipalities through the parking privatization process, our SP+ Municipal Services Division helps cities achieve their parking objectives without straining public resources or sacrificing customer service.

With the most experienced team of municipal parking experts in the country, we handle everything from parking facility planning to turn-key municipal parking operations. We specialize in providing a comprehensive set of on-site municipal parking management services that include staffing and training, revenue management, technology integration, and marketing programs—each of which are accompanied by stringent accounting and revenue control practices and procedures.

Working as operational guidance consultants, our team of experts can provide parking layout recommendations that minimize traffic, reduce carbon emissions, and utilize energy -efficient technologies. For existing facilities, we can design and install graphics, lighting, and signage, and assist with the procurement of automated traffic and revenue control equipment. We can also provide financing for City equipment purchases.

Municipal Services Division Overview
City of Orange and the on-site parking operations team will receive the full support of the SP+ Municipal Services Division. Going beyond daily operational support, the City can expect the highest level of responsiveness, guidance and backing from the industry’s most experienced and well-versed team of dedicated on-street parking professionals.

A partnership with SP+ means linking the City’s parking operation to our 50+ municipal parking operations across 34 states. No other provider has a municipal parking specific team working across regions to:

Stay at the forefront of implementing new technology
Ensure best practices and policies are in place location to location
Share knowledge while developing future municipal
parking leaders
Provide experience and guidance on new initiatives
and projects
Maintain accountability through teamwork
Simply put, no other parking management company can
provide a resource with more project management experience, operational capability, accountability, and progressive thinking in on -street parking management than the SP+ Municipal Services Division. In their tenure as parking professionals, members of the SP+ Municipal Services Division have worked with the m unicipalities on the right to develop, operate, and guide their parking programs.
948
B. COMPANY DATA
Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 15 SP+ Municipal Services Government Agencies Clients
SP+ manages municipal parking (on-street and off-street) programs driven by both industry leading customer service and data driven operations to ensure the efficient administration of meter intelligence management, enforcement operations, proven reliability in our maintenance services as well as strategic specialized stakeholder engagement and public relations programs throughout the United States and Canada. We see beyond the traditional methodologies and focus on the dynamic interactions of mobility within programs we are partnered with. A major focus of our company is the provision of parking management services to municipalities, institutions, and governmental agencies, making SP+ the most experienced municipal parking innovators in the country.

List of Current SP+ Municipal Clients
City of Anaheim, CA
City of Fullerton, CA
City of Glendale, CA
City of Los Angeles, CA (LADOT)
City of Oakland, CA
City of San Jose, CA
City of San Mateo, CA
City of Santa Monica, CA
City of Vallejo, CA
LA Metro – Los Angeles, CA
VTA – Santa Clara, CA
City & County of Denver, CO
City of Daytona Beach, FL
City of Jacksonville Beach, FL
City of Saint Petersburg, FL
City of Tampa, FL
Broward County, FL
Miami Parking Authority – Miami, FL
Port Everglades – Fort Lauderdale, FL
City of Atlanta, GA
City of Decatur, GA
Chicago Park District – Chicago, IL
Chicago Transit Authority – Chicago, IL
City of Gretna, LA
City of New Orleans, LA
City of Annapolis, MD
Howard County, MD
Parking Authority of Baltimore City, MD
City of Attleboro, MA
City of Chelsea, MA
City of Rochester, MN
City of Jackson, MS
City of Great Falls, MT
NJ Transit Authority, NJ
City of Charlotte, NC
City of Beaverton, OR
City of Portland, OR
City of Harrisburg, PA
City of Beaufort, SC
City of Nashville, TN
City of Dallas, TX
City of Fort Worth, TX
City of Richmond, VA
City of Roanoke, VA
City of Seattle, WA
Strathcona County, Alberta, Canada
Toronto Waterfront Revitalization Corporation,
Toronto, Canada
We also have proven experience marketing and branding public parking programs and facilitating successful stakeholder engagement programs. In addition, we have extensive experience implementing and managing various types of parking access and revenue control systems, including hardware, software, and proprietary technology applications for multiple municipal and institutional agencies and private sector clients.

SP+ team members across the country issue citations, operate booting and towing programs as well as accept office and mail collections and remittances. We also in some operations are the first level adjudicators for citations which are appealed. 949
B. COMPANY DATA
Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 16

MOST RECENT ACCOMPLI SHMENTS
As one of the largest parking management firms in North America, SP+ has professional accreditations, certifications, awards and industry group memberships.

Accredited Parking Organization
The International Parking & Mobility Institute (IPMI) has recognized SP+ as the first commercial parking operator to earn the Accredited Parking Organization (APO) with Distinction designation. This designation is reserved for the top 5% of parking organizations worldwide that demonstrate a comprehensive standard of excellence in our industry.

Forbes 2023 Annual List of America’s Best Small Companies SP Plus Corporation has been named one of America ’s Best Small Companies.

Forbes screened more than 1,000 companies with a market value between $300 million and $2 billion to identify 541 companies that had positive sales growth over the past 12 months and a share price of at least $5. The ranking is based on earnings growth, sales growth, return on equity and total stock return for the latest 12 months and over the last five years, with more weight given to the latest year’s data. The full Forbes 2023 America’s Best Small Companies list is available here.

Named Patriotic Employer by the U.S. Department of Defense In March of 2023, SP+ was recognized as a Patriotic Employer by the U.S. Department of Defense for contributing to national security and protecting liberty and freedom by supporting employee participation in America’s National Guard and Reserve Force.

National Parking Association’s Women in Parking Impact Award SP+’s Ritu Vig, President of Aviation Division, was chosen by the National Parking Association (NPA) to receive the Women in Parking Impact Award for 2022. This global
award acknowledges the great strides the parking industry is making every day to create better opportunities and
make a difference in the lives of parking professionals.

National Parking Association’s Innovative Organization of the Year SP+ was selected a s the
“Innovative Organization of
the Year” in 2021 by the
National Parking Association (NPA). SP+ was recognized for the development and deployment of Sphere™, its cutting- edge suite of technology products designed to drive end-to- end mobility at parking or transportation facilities —from customer acquisition and purchases to operational logistics and data reporting.
950

SECTION C
Certificate of Insurance
951
Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 18 C. CERTIFICATE OF INSURANCE
Insurance Coverage
SP+’s in -house Risk Management Department focuses exclusively on comprehensive risk protection, safety and loss control inspections and training, and claims management. Our insurance provides liberal protection with a $100 million casualty umbrella limit. Our casualty carriers are rated A+ XV by A.M. Best.

Our coverage provides exceptional protection for our clients:

Workers’ Compensation Insurance
Our coverage maintains compliance with the state’s Workers’ Compensation Act.

Employer’s Liability Insurance
Covers all employees for the premises not covered by the Workers’ Compensation Act, for occupational accidents or disease, for limits of not less than $1,000,000 for any one occurrence, or whatever is necessary to satisfy the requirements of the umbrella liability insurance specified below.

General/Garage Liability Insurance
We are insured on an occurrence form basis with limits of not less than $10,000,000 per occurrence with an annual aggregate limit of $15,000,000 per location.

Garage-Keeper’s Legal Liability Insurance (if Applicable) Insures any and all automobiles that are parked at the premises by the operator’s attendants or for which a bailment otherwise is created, with limits of liability not less than $3,000,000 per occurrence.

Comprehensive Crime Insurance
Includes Employee Dishonesty, Forgery or Alteration, Inside and Outside the Premise, Computer Fraud, Money Orders and Counterfeit Paper Currency, Loss of Clients Property resulting from EE Dishonesty, and Funds Transfer Fraud with limits of $5,000,000 per occurrence.

Umbrella Liability Insurance
In excess following form, with an annual aggregate limit of $100,000,000.

FIDELITY INSURANCE C OVERAGE
Because no internal control system —no matter how well conceived and operated —can provide an absolute assurance that its objectives will be met (and because no evaluation of controls can guarantee detection of all control issues), we provide our clients with an additional layer of protection by maintaining $5 million in fidelity insurance coverage. This coverage protects our clients against losses associated with employee dishonesty, theft, computer fraud and forgery. 952
Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 19 C. CERTIFICATE OF INSURANCE
Sample Certificate of Insurance

Page 1 of 2 ends

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Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 20 C. CERTIFICATE OF INSURANCE

Page 2 of 2 ends

954

SECTION D
Validity of Proposal

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D. VALIDITY OF PROPOSAL
Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 22 Validity of Proposal
Our Proposal shall remain valid for a period of 120 calendars: starting on February 1, 2024 through May 30, 2024.
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SECTION E
Certification of Understanding

957
E. CERTIFICATION OF UNDERSTANDING
Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 24 Certification of Understanding
The City assumes no responsibility for any understanding or representation made by any of its officers or agents during or prior to the execution of any Agreement resulting from this RFP unless:

1. such understanding or representations are expressly stated in the Agreement; and

2. the Agreement expressly provides that the responsibility therefore is assumed by the City. Representations made but not so expressly stated and for which liability is not expressly assumed by the City in the Agreement shall be deemed only for the information of the Responder.

SP+ acknowledges and agrees with the City’s statement of understanding stated above. 958

SECTION F
Statement of Compliance
with Agreement’s Articles / Terms and Conditions
959

F. STATEMENT OF COMPLIANCE WITH AGREEMENT’S ARTICLES/

TERMS AND CONDITIONS
Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 26 Statement of Compliance with Listing of Exceptions
SP+ certifies that this Proposal is in compliance with said Request for Proposal information, except for those proposed exceptions listed in a separate attachment hereto.

OUR “PROPOSED LISTING OF EXCEPTIONS” ATTACHMENT HAS BEEN ATTACHED TO THIS PROPOSAL HEREINAFTER FOLLOWING THIS PAGE. 960

F. STATEMENT OF COMPLIANCE WITH AGREEMENT’S ARTICLES/

TERMS AND CONDITIONS
Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 27 Exceptions Attachment (2 pages)

PROPOSED EXCEPTIONS
Risk Commentary:

Section D.3.b – RFP requires that OPERATOR maintains bonded employees.

Parking operators are unable to procure individual fidelity bonds, but do maintain a master crime policy with an employee dishonesty insuring agreement.

The coverage is the same to the client, but our use of a crime policy in lieu of a fidelity bond is noted in our response.

Legal Commentary:

Termination. (Sample Contract Section 19).
a) SP+’s Termination Rights. SP+ would like to take exception to this language and kindly request that at a minimum, SP+ needs the right to terminate the contract for the clien’s breach and failure to cure within 10 days for a monetary breach or within 30 days for a non-monetary breach.
b) Client’s Termination Rights. SP+ would like to take exception to this language and kindly request that at a minimum, SP+ needs the right to cure an alleged breach – 10 days for a monetary breach and 30 days for a non-monetary.

Management Fee. (RFP Section V, Sample Contract Section 6). There is nothing in the RFP that allows SP + to increase contract prices to accommodate changes to wage requirements or other government requirements. SP + would like to take exception to this language and kindly request the possibility to condition our bid on the right to an equitable increase in our fees and expenses to accommodate the changes to the living wage laws or other laws that could materially impact our operating costs.

Limitation on Fee Increases. (RFP Section III.AA.4). Annual increases to the management fee will be limited to the increase in CPI, capped at 2%, annually. SP + would like to take exception to this language and kindly request that CPI increases are capped at 3%.

Payment Terms/Invoices. (RFP Section III.AA; Sample Contract Section 3.c).

Invoices are due by the 15th day of each month. The RFP states that the client will pay in 60 days; however, the Sample Contract states that the client will pay in 30 days.

SP+ would like to take exception to this language and kindly recommends that the City pays within 30 days per the terms of the Sample Contract. 961

F. STATEMENT OF COMPLIANCE WITH AGREEMENT’S ARTICLES/

TERMS AND CONDITIONS
Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 28 Accounting. (Sample Contract, Section 20). GAAP accounting is required.

Considering there is no cash at this location, reporting expenses and disbursing cash is not an issue. SP+ would like to take exception to this language and kindly request to review this language and amend as needed.

Indemnity. (RFP Section III.X; Sample Contract Section 17). SP+ would like to take exception to this langu age and kindly propose a mutual waiver of consequential, punitive and indirect damages.

Right to Modify. (RFP Sections III.A.5; III.N). The Orange PD will be able to modify, reduce or remove the parking enforcing schedule and shifts. SP+ would like to tak e exception to this language and kindly request that the reduction of working hours are aligned with the cost of the vehicles and hourly billing rates, with the intention to cover the cost of all operational expenses.

Conflicts of Interest. (Sample Contract Section 16). SP+ did not provide consulting services to this client regarding the potential services outlined in this RFP. 962

SECTION G
Resumes and Qualifications
of Responder’s Personnel
963
G. RESUMES AND QUALIFICATIONS OF PERSONNEL
Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 30 The Management Team

KEY MANAGEMENT ORGANIZATIONAL CHART
We understand the critical importance the local management team serves in driving high financial and operational performance of the facilities. In addition to providing you with the most experienced and service focused management team, we have found, as our business continues to grow in size and services provided, it is best to also provide direct support with our industry specific experts. The following organization chart conveys the key management team structure.

Ernesto Rennella
Vice President
Shant Avedissian
Senior Manager
Bryan Atillano
Facility Manager
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G. RESUMES AND QUALIFICATIONS OF PERSONNEL
Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 31

THE CITY OF ORANGE OPERATIONS TEAM
ERNESTO RENNELLA – VICE PRESIDENT, MUNICIPAL SERVICES
Ernesto started working with SP+’s USA Parking in 1999 and has worked his way up to Vice President within SP+ ’s Municipal Services Division and oversees our west coast muni operations. With first-hand experience from the ground up, he understands every aspect of the parking and transportation/traffic logistics industry, and how to manage a multi -million dollar project. He consistently delivers enhancements to the operation for his clients, which includes financial and operational productivity. With a result - driven attitude, he ensures that SP+ delivers exceptional results for clients time and time again.

Ernesto provides personalized service and detailed processes that prove reliable and deliver invaluable results. His constant strives for excellence is the driving force behind him and his team ’s success in achieving results that exceed expectations.
19+ years of parking management experience
SHANT AVEDISSIAN – SENIOR MANAGER
With 12 years of experience in the Parking Industry, Mr. Avedissian began his career at Central Parking, now SP Plus Corporation, in April 2011. Since joining SP+, Mr. Avedissian has held many positions; he started as a Cashier, Supervisor, Equipment Specialist, Lead Technician, Assistant Manager, Bike Valet Manager, Facility Manager, and Senior Manager. He joined the SP Municipal Team in in October 2014 as an Assistant Manager and has since led many projects in Los Angeles and Orange County. Mr. Avedissian is highly experienced in On -street and Off -street parking operations, specializing in Parking Enforcement programs and technology-driven operations.

BRYAN ATILANO – PROPOSED FACILITY MANAGER
Bryan joined SP+ in October of 2015. With more than 8 years of experience in parking enforcement, he is currently our Parking Enforcement Supervisor for the City of Fullerton Parking Operations. He manages a team of ten parking control officers. Prior to this position, Bryan was our Parking Enforcement Officer in the City of Glendale.

We have included his resume on the following pages.
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Bryan Atilano (323) 354-6413
Los Angeles, CA
SKILLS
•Bilingual
• Management
•Dispatching
•Conflict Resolution
• Community Awareness
•Violations Enforcement
Computer Skills
Scheduling
Report Writing

EXPERIENCE
08/1/2019-PRESENT -Parking Enforcement Supervisor, SP Plus Municipal- Fullerton, CA - Manage a team of ten parking control officers by delegating assignment, routes, operational planning and scheduling of personnel. Assess parking control officers on the completion of their duties, while assuring policy, procedures, and guidelines are maintained throughout the entirety of their shift.
- Head of recruitment, hiring, and onboarding of new and or potential candidates. Conduct interviews, set life scan appointments, and assist the new hires with the integration process.

Field training instructor on municipal codes, de-escalation tactics, and officer safety for newly hired personnel. Observe that all policies and procedures standards are being met; and recommend trainings related to performance issues, disciplinary concerns, or professional development should deficiencies be present.
- Generate and analyze kiosk reports for the purpose of gaining information pertaining to revenue, alerts, and performance per location. Conduct monthly kiosks maintenance reviews to ensure equipment is working properly, not been tampered with, and to download finance data. Report any abnormalities or discrepancies and develop appropriate plan of resolution. 08/1/2019-3/02/2021 -Parking Enforcement Officer, SP Plus Municipal- Glendale, CA - Performed vehicle and foot patrol within assigned beat, while enforcing a wide variety of parking violations following city municipal code. Aided law enforcement with traffic control, street closings and special events when requested in effort to maintain a safe environment. - Ability to diffuse hostile situation, while maintaining a professional demeaner. Assigned as the morning shift Field Training Officer for new employees. Supplied management and supervisors with vital information regarding any altercations or concerns. 32 966
Bryan Atilano
Resume – Page 2

10/15/2015-7/31/2019 -Coin Room Operator, SP Plus Municipal- Los Angeles, CA

- Implemented new procedures that sped up counting, sorting, and securing revenue of city revenue. Kept a thorough log that held numerous amounts of information including finances, security, or discrepancies that would be presented to the client daily. Provided advice on future planning in efforts to avoid having any operational failures.

- Analyze and report any security concerns that might jeopardize the safekeeping of city funds stored at the facility. Interacted with armored truck personnel while establishing a secured environment to perform revenue delivery. Supervised the delivery of multiple trucks transporting funds into and out of the facility, assuring all required protocols are being followed.

04/14/2014-09/16/2018 -Senior Police Cadet, East Los Angeles Community College - Monterey Park, CA

- Training instructor of campus safety personnel protocols and procedures following assigned guidelines and requirements. Maintained employee personnel files pertaining to disciplinary actions and or commendations. Provided safety services: Emergency First Aid/ Disaster Triage response in coordination with Monterey Park Fire Department

- Conducted daily briefings with employees regarding policies and procedures; and advised managers (Sheriff Deputies/Sergeants/ Lieutenants, College Faculty) on cadet personnel staffing and daily incidents. Created and recommend strategic scheduling, placement and operational response plans of Campus Safety Personnel

EDUCATION
East Los Angeles College
*84 Units Complete (Administration of Justice)
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SECTION H
References

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H. REFERENCES
Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 35 Municipal References
As one of the largest municipal parking management firm in North America, SP+ Municipal Services has extensive experience managing municipal parking systems on every scale.

REFERENCES FOR SIMILAR MUNICIPAL PARKING OPERATIONS
As one of the largest municipal parking management firms in North America, SP+ Municipal Services has extensive experience managing municipal parking systems on every scale. We have included the following municipal parking operations so that you may contact any or all of these clients to inquire about our work.

The clients can attest to the professionalism and results oriented focus of our municipal operations.

LOS ANGELES METRO
Name of Client: LA Metro – Los Angeles, CA
Contact: Frank Ching
Title: Deputy Executive Officer, Operational Programs
Countywide Planning & Development
Address: 1 Gateway Plaza, Los Angeles, CA 90012
Telephone: 310-345-8806 Cell
Email Address: [email protected]
Term of Contract: 2018 to Present
Contract Value: $4.4MM
Scope of Services: This Program is a technology driven operation that requires a robust software management platform that uses a ticketless and gateless parking access revenue system that integrates with Metro ’s Ridership Verification System (“RVS”). This contract includes parking facilities that service up to 74 transit stations across Los Angeles County, totaling over 25,000 parking spaces spreading over roughly 40 square miles. Metro ’s parking operation is open 24 hours per day, 7 days per week, as a pay on entry model where the patron pays for parking upon entry to the facility, prior to boarding transit.

CITY OF FULLERTON, CA
Name of Client: Fullerton Police Department, CA
Contact: Anthony Ciciarelli
Title: Traffic Sergeant, Fullerton Police Department
Address: 237 W. Commonwealth Ave, Fullerton, CA 92832
Telephone: 714-738-2894 Office
Email Address: tony.cicciarelli@fullerton PD.org
Term of Contract: 2019 to Present
Contract Value: $1.1MM
Scope of Services: This Program is very unique as the Fullerton PD services different aspects of parking compliance such as street sweeping enforcement, time restricted enforcement, parking permitted enforcement, paid parking enforcement and enforcement of an overnight no parking ordinance. This contract consists of the enforcement of 2 parking garages and 9 surface lots along with all of the residential and commercial streets throughout the City of Fullerton. 969

H. REFERENCES
Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 36

CITY OF GLENDALE, CA
Name of Client: City of Glendale, CA
Contact: Tad Dombroski
Address: 633 E. Broadway, Rm 205, Glendale, CA 91206-4307 Telephone: 818-937-8325 Office
Email Address: [email protected]
Term of Contract: 2019 to Present
Contract Value: $24.7MM
Scope of Services: SP+ Municipal Services provides parking enforcement services for local and state regulations such as street sweeping, red zones, expired meters, no front plate, improper display of tabs, and etc. SP+ enforces city parking lots, parks, and Glendale Community College's parking with state of the art technology with Civic Smart N5Z1 handhelds and Vigilant 4 camera LPR systems through system integrations for Pay by Space and Pay By Plate, and a Time Limit enforcement method that was customized in Glendale that has never been utilized before.

CITY OF SANTA MONICA, CA
Name of Client: City of Santa Monica, CA
Contact: Zack Pollard
Title: Parking Manager
Address: 1685 Main Street, Room 115, Santa Monica, CA 90401-2200 Telephone: 310-458-8291 Office
Email Address: [email protected]
Term of Contract: 2009 to Present
Scope of Services: SP+ Municipal Services provides full parking management services for all the City of Santa Monica’s public parking facilities, as well as Micro Mobility management and Valet operations. In addition to Large Event management practices, SP+ manages the permitting and collections for the off street parking program throughout the surface lots in Downtown, Midtown and Public Beach areas. Its local command center controls over 40 lanes th roughout 12 fully automated gated facilities with a workforce of 80+ full time employees.

CITY OF ANAHEIM, CA
Name of Client: City of Anaheim, CA
Contact: Stephen Stoewer
Title: Senior Project Manager
Address: 201 S. Anaheim Blvd, Suite 1003, Anaheim, CA 92805-2200 Telephone: 714-765-433 Office
Email Address: [email protected]
Term of Contract: 2010 to Present
Scope of Services: SP+ provides parking management services for all the City of Anaheim’s public parking facilities, as well as Remote Management Services.

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SECTION I
Work Plan

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Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 38 I. WORK PLAN
Work Plan

SP+ Municipal Services has reviewed the RFP’s stated goals and objectives and feels confident that our team will deliver the appropriate operational balance between public service and system performance. We have taken into consideration past related experiences and a collaborative, dynamic approach to develop this response. The below material will highlight our proposed solution to managing the City of Orange parking enforcement operation as well as other recommendations.

Our solution is based on the practical experience and testing of parking enforcement and the understanding of the contents listed under this solicitation.

TECHNICAL APPROACH
SP+ Municipal Services has successfully managed several other Municipal parking enforcement operations throughout California and we will use the practical experience we have gathered along these years and our deep unde rstanding of the SoCal area operating environment to provide competent, creative and customer -centered parking enforcement management services. Our success should be measured by:

Our ability to economically and effectively manage the enforcement program an d/or the parking facilities under our care.

Maintain the equipment and overall system the City of Orange has invested heavily in to maximize equipment uptime and performance.

Implement rigorous industry -leading revenue control and audit functions so that t he City of Orange can be sure its resources are protected, guarded and accounted for at every step in the reconciliation and reporting process.

SP+ Municipal Services has extensive experience in on -street parking operations and off street as well. In fact, we operate some of the largest single -space and multi-space meter locations in the country. Large and reputable cities across the country have recognized our best practices as an accepted industry standard. Our team has established proper key control and management procedures to ensure parking transactions and the enforcement of the system is managed in accordance with the City’s goals. Furthermore, SP+ has a rigid backend accounting system that can flag significant variances between audited and deposited totals as well as an internal audit team that will make unannounced visits to maintain financial integrity within our operations. Some of our largest meter collection clients include:

Los Angeles Department of Transportation (LADOT)
City of Glendale, CA
Los Angeles Metro, CA
Miami Beach, FL
City of Atlanta, GA

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Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 39 I. WORK PLAN
Enforcement Services and Methodologies
No two cities have the same municipal code with respect to parking enforcement nor do they interpret their city codes in the same exact manner. The importance of accuracy in parking enforcement cannot be overstated. The physical act and verification of ticket issuance is a core principle of our training regimen. Nothing is more damaging to an operation than writing bad tickets. Issuance protocol must be rigid —specifically the steps of verification, data entry and documentation accompaniment. SP+ employs a counter step methodology, developed by our municipal division, to ensure plate and VIN accuracy (where applicable). Although it can slightly elongate the issuance cycle, it is still preferred in the interest of employee safety, as well as lower amendment and error rates. The goal is always for a less than 1% void rate for Ambassador error.

The methodology calls for:

1. Plate entry while standing outside of traffic lanes

2. Where vin entry is required, officer must approach from the front of the vehicle, facing oncoming traffic, read the last four digits of the vin and exit the traffic lane immediately for input

3. Picture verification of infraction

4. Ticket printing while in view of the front or rear plate. Visual verification of plate to ticket

5. Ticket placement

It is important to note that this process allows the officer to keep their eyes on traffic as they approach the driver’s side and not be focused on the ticket detail. Likewise it prevents an officer from reading the VIN while standing in harm’s way and staying there to print or otherwise complete a ticket.

Citation issued by shift will be managed predominantly from the back office suit. Officer issuance reports will be reviewed for every PER by management on a daily basis. All productivity gaps will be investigated through the GPS breadcrumbing application, as well as the mandatory Daily Activity Report encompassed in the SP+ Forms application which are powered by the parking enforcement application solution.

The percent of shift time spent in field enforcing is a measurable attribute with GPS breadcrumbing and SP+ Forms. The breadcrumbing allows management to track PER location for the duration of their shift. The introduction of the digital SP+ FORMS reporting requires PERs to log inactivity, with additional notes for reference in time gap investigation. Fully understanding the workflow and activities of the officers, as well as c onsistent coaching and follow -up is paramount in enforcement operations.

SP+ considers our training programs and industry leading approach to enforcement as “trade secrets” and the information is proprietary. SP+ has developed a comprehensive Standard Operating Procedure for our operations in Mobile that covers every facet of the program. Due to the RFP response being subject to the city ’s freedom of information act, the full SOP will be provided to the city at the start of the new contract.

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Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 40 I. WORK PLAN
Enforcement -Specific Training Approach
Our approach starts with the fundamental understanding that our parking control officer can serve in an ambassadorial role. SP’s approach is based on an ambassadorial “commutative” approach that requires hiring people with the r ight background, customer orientation and communications skills and training them to do much more than simply write parking tickets. Operations in which we provide these services have always centered around voluntary compliance. Our goal is to curb a particular behavior and parking citations are only one way to achieve that end. If our team is proactive in facilitating voluntary compliance, the patrons parking system will be more satisfied and the operational costs associated with issuing, adjudicating and collecting parking violations can be largely avoided.

Our new employees would go through a
rigorous initial training process with peer
mentors, field training and competency tests.

The majority of our interactions with the public
are to assist them with directions, connect
them to local services and to help them
understand how to use systems to meet their
access and mobility needs. It boils down to a
mentality and philosophy that’s instilled in our
team members. We serve the city ’s parking
patrons and ens ure parking resources are
efficiently and effectively utilized.

SP+’s cyclical training and enforcement methodology encompasses a threefold approach based on ensuring safety, policy implementation and relying on tested standard operating procedures that results in accuracy and consistency.

Safety
The primary importance in any enforcement operation is parking ambassador and constituent safety. SP+’s cyclical training regimen focuses on safety at all times. Ambassador situational awareness is paramount in all safety efforts. Great detail and focus is given to understanding the layout and flow of the city ’s geography for effective communications in emergency and all other situations. Ambassadors are trained to understand the situational dynamics of issuing a violation, being mindful of body position in relation to oncoming and peripheral traffic. Likewise, in situations where a constituent is present, ambassadors are taught to be aware of constituent safety with respect to traffic. All efforts are made to transition all interactions to a safe zone.

Additional training is provided on non -confrontation techniques and situational de -escalation.

Training includes ambassador awareness of personal space, non -threatening body language, command presence, and dealing with verbal assaults. No ticket is worth bodily harm, and officers are taught retreat techniques to be used if necessary. A simple example of this is not turning your back towards an agitated individual when seeking sanctuary inside an enforcement vehicle.

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Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 41 I. WORK PLAN
Appearance is also key to a non -confrontational enforcement posture. Enforcement personnel should not be viewed as paramilitary in any way or be mistaken for law enforcement or peace officers. SP+ ambassadors do not hold any semblance of a rank or wear collar bars and pins. Our safety methodology is a holistic approach that encompasses and incorporates more than just verbal interactions. The smallest cues, like uniforms and branding, are sometimes the most effective means of non -confrontational non -verbal communication. Excerpts and philosophies such as these demonstrate the attention to detail and overarching principles that guide our programs. SP+ ’s full training protocol and training certification programs are proprietary and distinguish us from our comp etitors. Training manuals and material will be shared with City of Orange’s Police Department and the city at the start of the contract for sign-off and verification.

Parking and Enforcement Policy
SP+ is an extension of and represents the city it serves. Our program therefore relies heavily on established city policy in our enforcement program. Understanding policy allows SP+ to represent the city and to execute its policies to achieve its larger compliance -based objectives. Parking enforcement is not an end unto itself but it is best viewed and treated as a means of achieving higher accessibility and mobility objectives. Typically, this is to support economic and community development objectives and to promote a safe and inviting environment in which to l ive, shop, visit or engage in commerce. Parking policy and enforcement programs specifically must be grounded in broader policy in order to deliver maximum effectiveness.

Parking Program Operations, Customer Service, Planning and Implementation SP+’s response and financial model has taken into consideration the necessary resources to effectively manage the parking enforcement operation and provide parking management services.

It is our understanding that this position will be directly responsible for conducting all regular parking operations activities such as meter maintenance, revenue collection, downloading transactions from the pay stations, uploading transactions to the T2 BOSS software, maintaining software updates, repairing Luke II pay stations , and systems integrations to keep pay stations fully operational and working in sync with the parking enforcement systems. The on-site personnel will monitor the Park Orange email inbox and phone messages and respond to customer inquiries and complaints.

Vendor Management & Specific Software and Hardware Integrations Using Data to Drive Program Performance
SP+ possesses practical experience in working with all the current parking technology systems including:

Parkmobile
T2 System
Vigilant
Park Loyalty
Duncan

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Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 42 I. WORK PLAN
SP+ is a leader in leveraging technology to better manage parking enforcement operations. We have moved to a data-driven means of management, a basis from which we can make informed decisions or recommendations. Collecting the right data, analyzing it and responding accordingly, drives parking enforcement programs forward. Unfortunately, without the knowledge of what data to collect and how to analyze it, valuable resources are wasted in the sea of information now available to the parking industry. The challenge is harnessing the right information and acting upon what we learn.

City of Orange ’s Parking Program Management, Operations & Implementation SP+ is capable of seamlessly managing the parking operations and understands the City’s desire to process Wageworks and other commuter checks for monthly parking sales. SP+ understands its role in issuing permits, the collection of cash from pay station(s), deposits, revenue control and will handle reporting, and managing audits of the revenue systems.

SP+ will review the parking system in its entirety and will propose recommendations for operational efficiencies and will assist the City in promoting the expansion of the parking management program. This task will include implementing fee based parking initiatives for other on-street areas and additional public parking lots while taking into consideration future proving the City of Orange parking program.

SP+’S VALUE ADD
Parking – Operational Recommendations
SP+ recommends a system in which users would flo w throughout parking locations without the burden of congestion created by gate arms.

In this scenario users would park at any location and pay by APP or TEXT or cash at a pay station.

As for compliance, the enforcement system would be supported by license plate readers and would manage parking code violations via the recently introduced Handhelds.

Our plan calls for retaining and continuing training all staff, with the addition of Senior Management and added supervisory staff to assist with any and all transitions.

SP+’s Mobile Payment Advantage
As mobile parking payment transactions continue to grow into the predominant method of parking payment, we have an opportunity to vastly improve the overall functionality of paid parking and mobility system s while simultaneously elevating the customer ’s parking experience. Mobile parking payment availability is the bridge between our customer’s point of departure and ultimate destination. Available connectivity to mobile parking apps and online sales, surrounding the City’s infrastructure, and a destination’s parking technology provides value not only to the customer, but to the entire transportation and mobility landscape. Text to Pay and our Mobile app and virtual payment participation benefits include:

Multimodal transportation convenience
Parking guidance – estimated 30% reduction in City street congestion Enhanced services
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Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 43 I. WORK PLAN
Payment convenience
Reduced reliance on physical infrastructure resulting in capital savings Additional opportunities to communicate with customers
Variable rate management
Traffic/congestion reduction
Environmental improvements

Aside from the customer centric benefits, an increase in Text to pay, mobile app and virtual based payments also provide several operational and financial benefits to a paid parking system:

Reduction in liability - less cash in the system equates to improved revenue security Reduction of hardware – utilization of revenue collection hardware more efficiently System up time – the likelihood of hardware mechanical failure is diminished Flexibility - evolving in pace with the market and customer’s growing sophistication

This solution will carry towards enhancing the experience of users during daily activities, large events, holidays and other high volume days while removing the concept of a pay station collecting parking fees upon entering a parking facility.

Ultimately the system’s integrity would defer back to the enforcement solution that will promote compliance. SP+ staff will also be used for this function.

During the years of service and the practical testing of the facilities came to understand that system failure creates operational issues that can potentially escalate to user discomfort and creates financial and recordkeeping loopholes.

We only have one opportunity to make a first impression to most customers and we will devote the necessary time and effort to continue developing a successful model for the City of Orange.

It is our recommendation to implement Text to Pay as a value add service;

First, the activation phase. This includes the following major tasks:

1. Establishing area of interest

2. Assessment of Parking Procedures

3. Begin equipment/integration review

4. Signage Review

5. Establish Customer Service Capabilities

6. Commence developing E Payment solutions

7. Coordinate Banking Procedures

8. Develop Reporting Mechanisms

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Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 44 I. WORK PLAN
We see this phase consisting of two components: 1) consulting related elements and 2) program start up elements.

Consultation Start-Up
Procedures
Signage Review
Banking Procedures
On Street needs
Training and Operations Plan
System Configuration
Customer Service Function Development
Payment Solutions
Reporting

We intend to continue managing the City of Orange operations as a consulting engagement and operational partner. For both, we will continue to use disciplined project management to ensure that the City of Orange goals are met and that deliverables are provided on time.

Proposed Electronic Towing Process
Following state and local mandates, the towing process could be fully automated and tailored to the City of Orange’s needs (with no paper trail).

With SP+’s design of the enforcement platform, SP+ was able to modify the CHP 180 form and produce an electronic record that allows officers to input all the required information from a smart- phone device while also being able to submit forms for approvals and access and complete pertinent reports.

72 Hr Report – To be completed once vehicle is in 72 Hr violation Tow Report – To be completed on the tow day and approved by Client Sign-off Report – To be completed before the vehicle leaves the property Total vehicles scanned, Vehicles Towed and/or Total contested tows

SP+ Micro Mobility Vehicle (MMV) Enfo rcement (Available upon request) E-scooters and dockless bike share bicycles are considered ‘vehicles’ thereby permitting the City of Orange the right to regulate operators and tow violating vehicles. California Vehicle Code (CVC) 21113 gives the City of Orange the authority to adopt its own Parking Ordinance to regulate certain areas and parking facilities.

The primary goal of the program would be to assist Orange clear the parking areas or Transit Station platforms from any MMV and enforce/monitor the use of pre-assigned MMV areas.

Enforcement of the Micro Mobility ordinance is managed by SP+. Parking enforcement officers patrol the areas covered in the MMV-Operator guide to regulate parking behavior and record and track violations. All violations will result in administrative penalties. The invoiced violations include the vehicle number, date, time and applicable code section. If the violation is not related to ADA 978

Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 45 I. WORK PLAN
compliance, prior to issuing a citation parking enforcement would inform the MMV Supervisor to relocate or correct the s ituation within a two (2) hour period. If the violation involves blocking a clear path of travel, parking enforcement would immediately relocate the vehicle back to the designated parking location and record the violation as an incident.

SP+’s MMV enforce ment program is data driven and managed electronically. Using our enforcement platform on a smart -phone device, SP + staff is able to cite, submit forms for approvals, complete reports, and trigger electronic notifications to MMV operators and/or authorize the items’ removal via SP+ or a prequalified MMV impound agency.

Management Plan Deliverables
Deliverables for the initial phase of the new aspects of the operation will lay the foundation for a smooth activation phase and transition of Orange’s parking f acilities. Most relevant steps as follows:

1. A staffing plan for the operation of the City of Orange parking facilities. This will include ambassadorial staff, remote accounting personnel, collections and maintenance staff as needed, customer service representatives and supervision and management. SP+ will be cross trained to ensure operational effectiveness.

2. Access procedures for Orange’s review and approval. These will outline access controls and procedures, credentials and special considerations and accommodations.

3. A comprehensive training plan for all staff including industry -specific customer service, use of technology, access and revenue control, safety and any other areas important to the City of Orange.

4. Revenue control, reconciliation, reporting and ot her accounting procedures aimed at safeguarding Orange’s resources. This process will be PCI DSS compliant and will address the City’s business continuity needs by built-in redundancies and safeguards

5. Customer service plan consisting of service delivery channels, feedback and training

6. A comprehensive reporting approach that provides the City with both the big picture as well as the detail when necessary. SP+ offers industry -specific key performance indicators and data analytics capability to extract, unde rstand, utilize and act upon the right data for the most strategic outcomes

7. An equipment and tools maintenance plan designed to maximize equipment uptime and present the facilities in the best possible way

TEAM CAPABLE OF PROV IDING SUFFICIENT SER VICES
SP+’s on-going operations will continue to be guided by the philosophy of management with the objective of enhancing the user's experience and promoting efficient access and parking code compliance.

979

Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 46 I. WORK PLAN
Our team recognizes the critical importance of providing the smoothest possible transition to the affected parker -groups currently utilizing the City garages and lots. SP + is ready to begin operating within the needed areas. SP + will work with City staff and will continue to coordinate solutions for operational ne eds and provide consultancy guidance as needed for other parking accommodations. Fortunately, our local based team is charged with practical experience, knowledgeable and ready to assume added responsibilities. Our goal is to ensure the best possible outcome for the range of stakeholders in Orange, including the business community, event organizers & attendees, and the City, among others. Effectively using SP + resources available. SP+ will take the lead managing the transition for these tasks by leveraging our current acting role as the incumbent. Below we will outline a proposed hierarchy for the operation and will continue supporting the efforts in planning and working alongside the City Staff and Stakeholder leadership for a successful outcome.

Our record speaks for itself. SP+ is committed to the concept of providing sufficient personnel to comply with the City’s goals and objectives listed in this RFP .

Employee Responsibilities

REGIONAL MANAGER
High level program oversight. Responsible for corporate governance issues related to the City of Orange’s parking operation. Ensures audit and financial control protocol is followed. Spearheads various ongoing initiatives to ensure optimization of program: safety, KPI development, operational best practices and beyond. Provide consultative support to City administrators.

Introduces innovative solutions to increase the effectiveness and financial performance of the operation.

SENIOR MANAGER
Direct program oversight and primary local point of contact. Responsible for supervising facility managers and ensuring operational protocol is followed. Executes initiatives to ensure optimization of the parking enforcement program. Prepares routine and ad hoc reports to meet the City’s needs. Receives and executes directives from City leadership. Works closely with the City of Orange police department to coordinate ongoing transitional efforts.

PROJECT MANAGER
Day-to-day program oversight. Direct front-line employee supervision. Assignment of daily patrol routes. Ensures employees are following safety and operational guidelines set forth by SP+ and the City of Orange. Oversees facility maintenance, janitorial functions, and PARCS maintenance.

Works closely with the City of Orange police department to coordinate ongoing transitional efforts.

Works closely with PERs to ensure consistent, high -level customer service is provided to the residents of Orange.

SUPERVISOR
Responsible for in -field and granular level supervision of PERs. Ensuring routes are properly covered, and that safety and operation protocol is followed. Provides oversight to PERs from a customer service aspect and acts as mediator for in -field disputes that may arise. Additionally, responsible for care and maintenance of enforcement handhelds and other accessories. 980

Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 47 I. WORK PLAN

PARKING ENFORCEMENT REPRESENTATIVE
Responsible for ALPR -based or foot patrols to enforce City of Orange municipal parking and safety codes including, but not limited to: safety regulations as posted or marked at the curb, residential permit parking districts as posted, metered locations as posted, time limited parking, alleys, temporary parking restrictions as posted or marked at the curb, citizen requests for enforcement such as blocked driveway, cit izen requests for enforcement such as parking on private property without consent, and disabled spaces. Additionally, responsible for providing helpful and informative communication to the users of the City’s parking system.

CUSTOMER SERVICE FUNCTIONS
Responsible for taking phone calls or other communications from citizens, City of Orange Police, and other city agents regarding actual or perceived parking and safety violations. Provide coordinated efforts with in-vehicle or foot patrol PERs and City of Orange towing unit to respond to the reported issues with towing or citation-based enforcement. This function will also respond to customer inquiries and complaints to the Park Orange and voice messages. Review and process customer requests for parking issues related to enforcement or parking permit sales errors.

As a token of our commitment, we would like to incorporate KPIs that would be in place during our operational tenure.

MANAGEMENT BY OBJECTIVES: KPI S AND BENCHMARKING
Our approach is to concentrate on the strategic goals of an organization and to utilize data to drive management decisions. Key Performance Indicators (KPIs) will be established for the operation that are based on meeting your goals. We will work with the City of Orange to develop meaningful KPIs that are grounded in strategic objectives and that rely on readily available data that the City already possesses.

KPI M etrics
Outcomes
Measures
Exceptional
Customer Service
Enforcement
Efficiency
Program Financial
Health
Parking
Compliance
• Customer Inquiry
Response Time
• Equipment issues
Time Response
• Customer
Satisfaction
Surveys
• Mystery Shops
• Enforcement
Officer Coverage
• Parking
Compliance Rates
• Citation Void Rates
• Citation Capture
Rates
• Good Citation
Rates
• Total Transactions
• Transactions by
Time of Day, Zone,
etc.
• Equipment Up
Time
• Program Expenses
• Program Revenues
• Total Ticket and
Collections Rates
• Citation Appeals
Rates
• Secondary
Collections Rates

981

Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 48 I. WORK PLAN
KPIs will be used to develop benchmarking for the various selected measures to promote continuous program improvement.

Additional steps to ensure that the project is managed effectively as possible include:

A Single Point of Contact for the City of Orange – Ernesto Rennella, as project lead will serve as the City’s POC. At the City’s discretion.

Weekly Client Calls – Weekly calls will be scheduled with the City of Orange for updates, feedback and input. These meetings will follow a prescribed format so as to ensure that all necessary items are being discussed.

Weekly Project Team Calls – Similarly, weekly team calls will take place to ensure that tasks are being completed on time.

Flexibility – We understand that flexibility will be important to the City of Orange as the project unfolds. With the aim of ex ceeding the City’s expectations, SP + staff will be accommodating and resourceful.

Support – SP+ will provide continued consulting support.

Continued Staff Training and Development
SP+ Municipal Services has a proven track record of enhancing the quality o f work our staff performs. The City of Orange training plan will be as follows:

1. Any new SP+ staff will be introduced to SP+ University™ for basic training on company guidelines, policies and performance standards.

2. SP+ Municipal Services will train the entire local staff on our Customer-Centric approach to service.

3. Identify additional opportunities to enhance the careers of our staff through professional development certification or job specific training to help improve performance quality.

4. Senior Manager training seminars hosted by SP+.

5. Regional and national trade show participation.

6. Online seminars hosted by the regional SP+ Training Manager.

SP+ will work with the City staff to ensure that our training programs are customized to convey and instill the principals desired by the City Staff. No other firm can deliver the quality of training, support or depth of expertise we are offering the City of Orange.

982

Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 49 I. WORK PLAN

THE HIRING PROCESS
SP+’s hiring and pre-screening process helps attract and retain qualified employees who will demonstrate our Core Values of Integrity, Ingenuity and Diversity for the long -term. In addition to reducing turnover costs, our goal is to build a positive and productive environment where all employees enjoy coming to work and are inspired to be the best in the industry and are inspired to create the moments that matter with our customers, our clients and one another.

Automated Recruiting Solutions
SP+ uses the iCIMS applicant tracking and onboarding system for all of our recruitment and hiring. Candidates are directly to apply online for all employment opportunities, which in turn provides our Management Team access to a broad pool of qualified candidates from a centralized database for consideration of any opportunities existing at their locations. Applicants have the ability to apply 24/7, using a computer or mobile device. Our decision to mandate the electronic storage of all candidate data in a single web-based system has streamlined the recruiting and hiring process.

Screening, Background, & Drug Checks
We use a comprehensive post-offer pre-employment background check and drug testing program to ensure that only the most q ualified candidates are chosen for employment. Pre -employment screening is an effective risk management tool that promotes a safe and profitable workplace by helping to limit the uncertainty inherent in the hiring process. Our pre -screening techniques significantly reduce potential violence, theft, financial loss, sexual harassment and other workplace problems.

We meet or exceed all federal, state, local, and regulatory requirements for the hiring and employment of each position. Every employee is vetted through a background check specifically geared to their job duties and responsibilities. Depending on the position, our standard background check process includes a Social Security Number validation, federal and county criminal searches, sex offender regist ry, motor vehicle record and employment and education verification. Candidates also must pass a pre-employment drug test.

Prior Operator Employee Retention
When we assume management responsibility of an existing parking operation from another operator, we typically consult with the client and interview existing personnel in an attempt to retain those qualified employees who have an operating history at that particular facility. Our experience has been that replacing existing staff members—who often are quite knowledgeable about existing conditions and the personal idiosyncrasies of regular parkers —merely for the sake of change often is unnecessary and, in fact, counterproductive since their retention usually enhances and facilitates a smooth transition. Thu s, our preference is to retain qualified staff members when possible, and to focus instead on teaching them new techniques as necessary in the context of our performance standards and expectations. 983

SECTION J
Fee

984

Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 51 J. FEE
Cost Proposal

In a separate envelope, the City will find our Cost Proposal Form. We have included our proposed cost in the cost proposal section. No pricing has been included in this volume.

985

SECTION K
Related Experience
and References

986

Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 53 K. RELATED EXPERIENCE AND REFERENCES
Related Experience – Case Study

LA METRO PARKING ENF ORCEMENT PROGRAM

Background
In November 2017, SP+ began managing the LA Metro’s Parking Enforcements Program. Metro currently owns, leases, operates and/or manages 87 parking facilities at 56 transit stations with an inventory of approximately 23,604 parking spaces along the Greater Los Angeles Metro System. With the expansion of the transit system and increased ridership, the demand for Metro mobility resources will continue to also increase.

Original Scope of Provision
Enforce LA Metro’s Code of Ordinances related to vehicular compliance and issue citations for violations in a fair and impartial manner Provide excellent customer service to the public while representing LA Metro in a positive and professional manner
Provide Daily Facility inspections and occupancy counts

Technology Deployed
Genetec – Mobile LPR System (Fixed LPR onsite)
PASSPORT – Enforcement, Payment, API Solution
OSSI – Electronic Reporting
Smart Drive – Vehicle Monitoring System
Global – Pay Stations

Operations Logistics and Plans
On average, 8 officers patrol 25 stations throughout LA County, reaching approximately 10,000 parking stalls daily, 6 LPR equipped vehicles are used for this purpose.

All of SP +’s Staff are assigned different routes throughout the week, based on data driven parameters.

Operations Logistics and Plans – Vehicle Deployment
Safekeeping and efficiently managing the vehicular deployment are crucial in order to cover such large geographical and heavily transited area. The enforcement units are safely kept parked in strategic locations throughout the Metro system.

Lock box systems allow SP+ officers to have access to all vehicles.

987

Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 54 K. RELATED EXPERIENCE AND REFERENCES
Operations Logistics and Plans
SP+’s vehicular control officers serve in an ambassadorial role.

SP+’s staff is customer/user, centric. Proper leadership orientation and good communications puts us above just simply writing parkin g tickets. The operational model is geared towards voluntary compliance.

All the patrolling-enforcement routes are adjusted based on client demands and tailored to the station’s needs.

988

Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 55 K. RELATED EXPERIENCE AND REFERENCES
Citation Issuance
The LPR system was installed and fully functional towards the end of 2018.

2018 Total Issuance: 13,858 2019 Total Issuance: 21,470

Electronic Towing Process
Tow operations at LA Metro started in July 2019.

The call of order was to clear lots from abandoned vehicles. Following state and local mandates, the towing was fully automated (with no paper trail).

With SP +’s design of the OSSI platform, we were able to modify the CHP 180 form and produce an electronic record that allows officers to input all the required information from a smart-phone device while also being able to submit forms for approvals and access and complete pertinent reports.
72Hr Report – To be completed once vehicle is in 72hr violation Tow Report – To be completed on the tow day and approved by LAM Sign-off Report – To be completed before the vehicle leaves the property Total vehicles scanned, Vehicles Towed and/or Total contested tows

989

Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 56 K. RELATED EXPERIENCE AND REFERENCES
Micro Mobility Vehicle (MMV) Enforcement
LA Metro’s Micro Mobility enforcement program started towards the end of 2019.

MMV RULES AND REGULATIONS
E-scooters and dockless bike share bicycles are considered ‘vehicles’ thereby permitting Metro the right to regulate operators and tow violating vehicles. California Vehicle Code (CVC) 21113 gives Metro the authority to adopt its own Parking Ordinance to regulate Metro’s ROW and parking facilities. Metro adopted Parking Ordinance, Administration Code 8, and proposes to incorporate the Micro Mobility Vehicle Ordinance under a Chapter covering “Non-Automobiles”.

Fully implemented by SP+, the primary goal of the program is to assist LA Metro clear the Transit Station platforms from any MMV and enforce/monitor the use of pre-assigned MMV areas.

Enforcement of the Micro Mobility ordinance is managed by SP+. Parking enforcement officers patrol the ar eas covered in the MMV -Operator license agreement to regulate parking behavior and record and track violations. All violations will result in an administrative penalty which will be applied to the MMV operators ’ monthly invoices. The invoiced violations in clude the vehicle number, date, time and applicable code section. If the violation is not related to ADA compliance, prior to issuing a citation parking enforcement would inform the MMV operator to relocate or correct the situation within a two (2) hour period. If the violation involves blocking a clear path of travel, parking enforcement would immediately relocate the vehicle back to the designated parking location and record the violation as an incident.

SP+’s MMV enforcement program is data driven and m anaged electronically. Using the OSSI platform on a smart-phone device, SP staff is able to cite, submit forms for approvals, complete reports, and trigger electronic notifications to MMV operators and/or authorize the items’ removal via a prequalified MMV impound agency.

To date, SP+ has cited 613 MMV.

System Integrations
All integrations are done through
APIs, where data is communicated in
real time via Passport ’s back office,
the data is gathered from several
cohesive sources. Data flows from
the onsite pay stations (Global), the
fixed and mobile LPR systems
(Genetec), and from Passport ’s
enforcement tools and permitting
solution. The APIs are written to pass
necessary information from the
payment and permit database to the
enforcement equipment solution.

990

Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 57 K. RELATED EXPERIENCE AND REFERENCES

“The LA Metro Transit Parking Program consists of 87+ parking locations, covering a very diverse demographic area of approximately 1,400 square miles. Innovation and efficiency have been essential for the success of the program.

LA Metro is a proud partner of SP+. We have joined efforts in developing a competent Enforcement system with efficient technology. The innovative solutions that our enforcement system has adopted are Leading -edge, not bleeding -edge, which makes it a functional yet a pro gressive Program.

Our Parking Enforcement productivity has increased by 1,000%, yes, 10 times, prior to the implementation!”

– Frank Ching, Deputy Executive Officer, LA Metro

991

Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 58 K. RELATED EXPERIENCE AND REFERENCES
Municipal References in California

992

Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 59 K. RELATED EXPERIENCE AND REFERENCES

CITY OF SANTA MONICA, CA
Name of Client: City of Santa Monica, CA
Contact: Zack Pollard
Title: Parking Manager
Address: 1685 Main Street, Room 115, Santa Monica, CA 90401-2200 Telephone: 310-458-8291 Office
Email Address: [email protected]
Term of Contract: 2009 to Present
Scope of Services: SP+ Municipal Services provides full parking management services for all the City of Santa Monica’s public parking facilities, as well as Micro Mobility management and Valet operations. In addition to Large Event management practices, SP+ manages the permitting and collections for the off street parking program throughout the surface lots in Downtown, Midtown and Public Beach areas. Its local command center controls over 40 lanes throughout 12 fully automated gated facilities with a workforce of 80+ full time employees.

993

SECTION L
Resources to be provided
by the City

994

Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 61 L. RESOURCES TO BE PROVIDED BY THE CITY
Required Resources

SP+ will not require any resources, City assistance, or any other items expected to be provided by the City.

995

SECTION M
Evaluation Process and
Criteria Process

996

Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 63 M. EVALUATION PROCESS AND CRITERIA PROCESS
Evaluation/Criteria Processes

A selection committee, made up of City staff, will make final recommendations for selection. The City reserves the right to reject any and all proposals and to make its selection on a discretionary basis. However, the selection committee will evaluate proposals primarily on the criteria specified sin General Specifications.

SP+ acknowledges and agrees with the City’s evaluation/criteria processes stated above.

997

SECTION N
Selection/Award Procedures

998

Proposal – Request for Proposal No. 23-24.23 for Parking Enforcement Services – City of Orange, California 65 N. SELECTION/AWARD PROCEDURES
Selection/Award Procedures

A Contract Agreement will be proposed for execution. It may be modified to incorporate other pertinent Articles/Terms and Conditions set forth in this RFP , including those added by addendum, and to reflect the Responder’s offer or the outcome of contract negations, if any, conducted with the Responder ’s. Exceptions to the terms and conditions of the proposed contract, or the Responder ’s inability to comply with any of the provisions of the proposed contract, are the to be declared in the Proposal.

SP+ acknowledges and agrees with the City’s selection/award procedures stated above. Please see Section F for our Exceptions Attachment.

999
©2024 by SP Plus Corporation. All rights reserved. No material may be used, reproduced or distributed without the written permission of SP Plus Corporation.

SUBMITTED BY:

Ernesto Rennella
Vice President
p: 213-219-0104
e: [email protected]
_________________________
3470 Wilshire Blvd
Suite 400
Los Angeles, CA 90010
spplus.com

1000

Page 21 of 33 ends

SECTION V: COST PROPOSAL
Proposal Line Item Pricing - Pricing shall be based on an hourly cost for services described in Section III. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the Contractor only after discussed and authorized by the City Projects Manager or designee in writing. The quantity of hours identified below are best approximations and are for estimate purposes only and can be modified as determined necessary by City. Contractor shall only be paid for services performed. The award will be based on the Total Extended Cost.

Line Description Quantity Unit Unit
Quantity Unit Price Extended
Total Price
1 Supervisor - Parking Enforcement 1 Hourly 1,664 $ $
2 Checker - Parking Enforcement TBD Hourly 8,320 $ $
Total Extended Cost (Add Lines 1 and 2): $
Total Extended Cost –
Written in Word Form
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

52.51 47.51
450,211.84
2,043,059.20
2,493,271.04
Two million four hundred ninety-three thousand
two hundred seventy-one and four hundredths
5 YRS
SP Plus Corporation
d/b/a SP+ Municipal Services
1001
Agenda Item
City Council
Item #: 8.3. 5/28/2024 File #: 24-0314
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Declare the properties located at 171 Cypress Street and 174 Cypress Street as surplus to the City’s needs; and authorize the disposal of the properties. Resolution No. 11554.

2. SUMMARY
Resolution No. 11554 declares that certain City-owned real properties located at 171 Cypress Street and 174 Cypress Street as exempt surplus land under Government Code Section 54221.

3. RECOMMENDED ACTION
Adopt Resolution No. 11554. A Resolution of the City Council of the City of Orange finding that certain City-owned real property located at 171 N. Cypress and 177 N. Cypress in the City of Orange is exempt surplus land pursuant to Government Code Section 54221.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
The City of Orange is addressing the status of two City-owned real properties located at 171 Cypress Street and 174 Cypress Street respectively. The subject properties are located on Cypress Street, backing to the west side of the City’sOld Towne West Parking Structure. Both properties are listed on the National Register of Historical Places and were built in 1900. 171 Cypress Street features a 938 square-foot, one-story, single-family residence on a 7,260 square-foot land parcel and 174 Cypress Street has an 802 square-foot, one-story, single-family residence on a 4,646 square-foot land parcel.

Both properties were acquired by the City of Orange in 2017 as part of the construction of the adjacent parking structure. Initial assessments did not anticipate the need for a temporary construction easement from these properties. However, as the project progressed, the need for such easements became clear. To simplify the process, the City chose to purchase the properties outright- 171 Cypress Street for $575,000 and 174 Cypress Street for $525,000. Since the acquisition, the City has been renting out both properties.

Recognizing the properties are not necessary for the City’s use, and that the properties are City of Orange Printed on 5/23/2024Page 1 of 2
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1002
Item #: 8.3. 5/28/2024 File #: 24-0314
Recognizing the properties are not necessary for the City’s use, and that the properties are respectively less than one-half acre and are not contiguous to land owned by a state or local agency that is used for open-space or low-and moderate-income housing purposes, the City wishes to classify this land as "exempt surplus land" pursuant to Section 54221(f)(1)(B) of the Surplus Land Act (Government Code sections 54220, et seq., as amended by AB 1486). While a pre-adoption review of proposed Resolution No.11554 was not required, a copy of this Resolution was submitted to the Public Lands Team at the Department of Housing and Community Development (HCD). The City was thereafter advised that the proposed Resolution No. 11554 meets the requirements for an exemption.

Therefore, staff recommends approval of Resolution No. 11554, officially declaring the properties as “exempt surplus land.”
The City will be required to send Resolution No. 11554 to HCD 30 days before disposition of the property. HCD will thereafter issue a letter finding that the property may be disposed of without any further action under the Surplus Land Act. The City intends to employ the services of Paul Kott Realtors, Inc, as we have for other City owned properties, to manage the sale of these properties upon HCD clearance. The proceeds from the eventual sales are required to be directed back to Orange Redevelopment Successor Agency funds, which originally financed the purchases.

7. ATTACHMENTS
· Resolution No. 11554
City of Orange Printed on 5/23/2024Page 2 of 2
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1003
Agenda Item
City Council
Item #: 8.3. 5/28/2024 File #: 24-0314
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Declare the properties located at 171 Cypress Street and 174 Cypress Street as surplus to the City’s needs; and authorize the disposal of the properties. Resolution No. 11554.

2. SUMMARY
Resolution No. 11554 declares that certain City-owned real properties located at 171 Cypress Street and 174 Cypress Street as exempt surplus land under Government Code Section 54221.

4. FISCAL IMPACT
None.

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

Recognizing the properties are not necessary for the City’s use, and that the properties are City of Orange Printed on 5/23/2024Page 1 of 2
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1004
Item #: 8.3. 5/28/2024 File #: 24-0314
Recognizing the properties are not necessary for the City’s use, and that the properties are respectively less than one-half acre and are not contiguous to land owned by a state or local agency that is used for open-space or low-and moderate-income housing purposes, the City wishes to classify this land as "exempt surplus land" pursuant to Section 54221(f)(1)(B) of the Surplus Land Act (Government Code sections 54220, et seq., as amended by AB 1486). While a pre-adoption review of proposed Resolution No.11554 was not required, a copy of this Resolution was submitted to the Public Lands Team at the Department of Housing and Community Development (HCD). The City was thereafter advised that the proposed Resolution No. 11554 meets the requirements for an exemption.

7. ATTACHMENTS
· Resolution No. 11554
City of Orange Printed on 5/23/2024Page 2 of 2
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1005
RESOLUTION NO. 11554

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE FINDING THAT

CERTAIN CITY-OWNED REAL PROPERTY
LOCATED AT 171 N. CYPRESS AND 177 N.

CYPRESS IN THE CITY OF ORANGE IS EXEMPT

SURPLUS LAND PURSUANT TO GOVERNMENT
CODE SECTION 54221

WHEREAS, the City of Orange (“City”) is a municipal corporation exercising governmental functions and powers, organized and existing under the laws of the State of California; and

WHEREAS, the City owns in fee simple certain real property, which consists of a total of approximately 11,906 square feet and commonly known as 171 N. Cypress Avenue, APN No. 039-172-03, as depicted in Exhibit A, incorporated herein by this reference , and 177 N.

Cypress Avenue, APN No. 039-172-03, as depicted in Exhibit B, also incorporated herein by this reference (“Property”); and

WHEREAS, the Surplus Land Act, Government Code sections 54220, et seq . (as amended, the “Act”) applies when a local agency disposes of “surplus land,” as that term is defined in Government Code section 54221; and

WHEREAS, the Property is “surplus land” under the Act because it is land owned in fee simple by the City and is not necessary for the City’s use and for which the City Council will take formal action (in the form of adoption of this Resolution) in a regular public meeting declaring that the land is surplus; and

WHEREAS, pursuant to the Act, at Government Code section 54221(f)(1)(B), as recently amended by the California Legislature by S enate Bill 747 (“SB 747”) and Assembly Bill 480 (“AB 480”), “exempt surplus land” includes property that is “less than one -half acre and is not contiguous to land owned by a state or local agency that is used for open- space or low-and moderate-income housing purposes”; and

WHEREAS, as further contained in subsection (f)(2), to be considered exempt surplus land under Government Code Section 54221(f)(1)(B) that does not require that a notice of availability for open space purposes be sent pursuant Government Code section 54222(b) prior to disposition, the property must not be (i) within a coastal zone, (ii) adjacent to a historical unit of the State Parks System, (iii) listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places, or (iv) within the Lake Tahoe region as defined in Section 66905.5; and

WHEREAS, Government Code section 54222.3 provides that “this article shall not apply to the disposal of exempt surplus land as defined in Section 54221 by an agency of the state or any local agency”; and
1006
2 WHEREAS, while pre-adoption review of a local agency’s resolution finding land to be exempt surplus land under the Act is encouraged but not required, a copy of this Resolution was submitted to the Public Lands Team at the Department of Housing and Community Development (“HCD”) on or about March 5, 2024 and a response from HCD was received on or about April 11, 2024, advising that the draft Resolution meets the requirements for an exemption and requesting a copy of the adopted Resolution once available for HCD to provide a findings letter; and

WHEREAS, the City Council desires to declare the Property as “exempt surplus land” consistent with and in compliance with the Act and that a copy of this Resolution be transmitted to HCD at least thirty (30) days prior to disposition, per HCD Guidelines; and

WHEREAS, the City Council believes that the sale of the Property is for the common benefit of the City and its residents, and in accord with the public purposes and provisions of applicable State and local law requirements.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange, on the basis of the facts set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered, as follows:

1. The foregoing recitals are true and correct.

2. That this Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000, et seq .) (“CEQA”). Designation of the Property as exempt surplus land does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to CEQA Guidelines Section 15060(c)(3), because it is not a project as defined by the CEQA Guidelines, Section 15378. Adoption of this Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

3. That (1) the Property is surplus land because it is not necessary for the City’s use; (2) the Property is exempt surplus land, pursuant to Government Code section 54221(f)(1)(B)(i) because it is (i) less than one -half acre (a total of approximately 11,906 square feet) and (ii) not contiguous to land owned by owned by a state or local agency that is used for open -space or low -and moderate-income housing purposes ; and (3) the Property is not (i) within a coastal zone, (ii) adjacent to a historical unit of the State Parks System, (iii) listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places, or (iv) within the Lake Tahoe region as defined in Section 66905.5, and therefore no notice of availability of the Parcel for open space purposes is required pursuant to Government Code section 54221(f)(2).

4. The City Manager, or designee, is authorized to take all steps necessary to dispose of the Property, no less than thirty (30) days after submission of this Resolution to HCD, per HCD Guidelines.

1007
3 ADOPTED this ____ day of ____________________, 2024

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Mike Vigliotta

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
1008
Agenda Item
City Council
Item #: 8.4. 5/28/2024 File #: 24-0336
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Fiscal Year 2024-2025 General Fund Budget Balancing Proposal.

2. SUMMARY
The Fiscal Year 2024-2025 General Fund budget balancing proposal is being presented for consideration by the City Council as directed by the City Council’s Budget Ad-Hoc Committee.

3. RECOMMENDED ACTION

1. Provide direction on the temporary budget reduction(s) to be included in the Fiscal Year 2024- 2025 budget adoption.

2. Provide direction to return in December 2024 to restore and/or implement additional reductions.

3. Provide direction to proceed with a Request For Proposal for a fee and cost allocation study.

4. Provide direction to proceed with exploring the possibility of implementing long-term rental fees, life and safety fees for students at colleges and universities, penalties for over enrollment at colleges and universities, annual impact fees for all residential investment properties, and a three and four stars hotel incentive program and/or sales tax rebate.

4. FISCAL IMPACT
Various revenue enhancements and budget reductions to the Fiscal Year 2024-2025 General Fund budget.

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

6. DISCUSSION AND BACKGROUND
At the May 14th City Council meeting, the City Council directed staff to continue discussions with the Budget Ad-Hoc Committee (Committee) to address the budget deficit for the Fiscal Year 2024-2025 (FY25) and prepare a comprehensive fiscal policy. Staff is currently working on the comprehensive fiscal policy and will return to the City Council this summer for further discussion.

After further review and discussion, the Committee recommended a temporary reduction, effective July 1, 2024, to the citywide General Fund expenditures of approximately $4.6 million and an additional $8.2 million of future reductions in December, if needed. The Committee also recommended $9.4 million of potential new revenues of which $5.7 million is one-time revenue.

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Item #: 8.4. 5/28/2024 File #: 24-0336
There are five new revenue enhancements that require additional research from staff. Additional information from these sources will return to the City Council at a future date for discussion and consideration. The remaining deficit of $3.2 million is proposed to be covered by the Catastrophic Reserve. Staff is seeking direction from the City Council on how to proceed to finalize the City’sFY25 budget.

7. ATTACHMENTS
· A - FY25 Proposed Revenue Enhancements
· B - FY25 Proposed Expenditure Reductions
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FY 2025 Proposed Revenue Enhancements
Updated May 17, 2024
7/1/2024* 1/1/2025* Total For
Consideration
Credit card fees $ 150,000 $ 150,000
Business license back tax & penalties 51,000 51,000 100% fee recovery 250,000 250,000 Old Towne paid parking 475,000 475,000 Parking enforcement citations 1,000,000 1,000,000 Increase STR permits to 250 - 500,000 Expand STR definitions to Include Residential
Rentals of 1-year or less - 500,000 Implement Long-Term Rental Fee 500,000 500,000 Implement Annual Impact Fee for all Residential
Investment Properties ($250)** - 2,500,000 Implement Life Safety Fee (Colleges $25 &
Universities $100)*** 1,309,300 1,309,300 Implement Penalties for Overenrollment (College
$XX & Universities $XX)
Implement a 3- & 4-Star Hotel Incentive Program
or Sales Tax Rebate
Sale or Lease Taft Library 2,700,000 2,700,000 1-time CR&R reimbursement for road mitigation 3,000,000 3,000,000 Total Proposed Additional Revenues $ 4,701,000 $ 4,734,300 $ 9,435,300 $ 3,500,000 *Actual amount may vary depending on when the program starts.

A-FY25 Proposed Revenue Enhancements 1011
FY 2025 Proposed Expenditure Reductions
Updated May 17, 2024
Department Category Impact 7/1/2024 For Future
Consideration
Administrative
Support* Personnel Accountant - FY25 request $ 112,700 Personnel Records Coordinator - vacant 102,740 Personnel 3 positions through attrition 360,256 Maintenance &
Operation Reduce supplies, training, and office equipment 46,636 Maintenance &
Operation Consolidate 24/7 app with Mainstar 20,700 Maintenance &
Operation Eliminate communication support service contract 75,000 Maintenance &
Operation Eliminate City Council meals 1,500 Maintenance &
Operation Eliminate hiring incentive 73,000 Programs Eliminate CERT program 28,500 Programs Eliminate contribution to Miss Orange 5,000 Programs Eliminate Ride Share/Health Fair 5,000 Membership Eliminate membership to the League of California 34,000 Membership Eliminate membership to SCAG 17,500 Membership Eliminate membership to OCCOG 11,200 Total Administrative Support Reductions 522,276 360,256 Library Services Personnel Reduce PT staff 286,299 Personnel Library Services Director - vacant 222,021 Maintenance
& Operation
Resources/subscriptions, programs, supplies,
outreach, events, training/development 223,069 Total Library Services Reductions 731,389 - Community
Services Personnel PT staff for various special events 191,000 Personnel Park Maintenance Leadworker - vacant 95,274 Contract Park custodial - remove seasonal cleaning and
reduce cleaning frequency 16,720
Contract Landscape services - change to mid-grade fertilizer & disband the use of soil additives 66,505 Contract Cleaning services - eliminate Veteran fountain cleaning contract 11,200
Contract Water cost - turn off Veteran's fountain 9,024 Contract Landscape services - remove fertilization services 10,000 Contract Cleaning services - reduce dog park cleaning services 8,970 Maintenance
& Operation Lyons Security nightly patrols in Parks 154,746 Maintenance
& Operation "Our Orange" design and printing 103,000 Maintenance
& Operation Cleaning and day porter at OES 74,700 B-FY25 Proposed Expenditure Reductions1012
FY 2025 Proposed Expenditure Reductions
Updated May 17, 2024
Department Category Impact 7/1/2024 For Future
Consideration
Maintenance
& Operation Portable restrooms 17,000 Special Events Movies in the Park 9,200 Special Events Holiday Decorations 63,000 Special Events Veteran's Day 2,245 Special Events Concerts in the Park 26,700 Special Events Tree Lighting Ceremony 55,425 Special Events Treats in the Streets 14,141 Special Events Special Event supplies 23,650 Special Events 3rd of JuIy 135,582 Programs Aquatic Program - summer 2025 226,475 Programs Orange Elderly Services Contribution 224,100 Total Community Services Reductions 771,015 767,642 Public Works Personnel (2) Associate Civil Engineers - vacant 272,513 Contract Tree trimming, removal and planting, emergency work - reduce service by 50%. 132,499 Contract Santiago Creek cleanup - reduce service by 50%. 15,000 Contract Plaza sidewalk steam cleaning -reduce service by 50%. 17,000
Contract Janitorial services - reduce service by 50%. 190,000 Contract Reduce tree well maintenance - reduce service by 50%. 115,000
Contract Water fountain maintenance - reduce service by 50%. 3,400
Contract Landscape services at city facilities and parking lots - reduce service by 50%. 18,500
Maintenance
& Operation
Eliminate graffiti staff augmentation - FY25
request 67,000
Total Public Works Reductions 830,912 - Community
Development Personnel 2 PT Code Enforcement Officers - FY25 request (augmentation) 154,000
Personnel (3) positions through attrition 421,213 Total Community Development Reductions - 575,213 Fire Personnel (5) Firefighters - vacant & through attrition 302,977 454,466 Personnel (13) Firefighters - through attrition 2,265,164 Total Fire Reductions 302,977 2,719,629 Police Personnel (10) Police Officers - vacant & through attrition 333,177 1,332,706 Personnel Police Records Manager - vacant 142,607 Personnel Overtime 322,879
Personnel Overtime for special events 112,833 Personnel (10) Police Officers - through attrition 1,605,802 Personnel Crossing Guards Program 425,000 Personnel (17) Non-sworn personnel - through attrition 802,220 B-FY25 Proposed Expenditure Reductions1013
FY 2025 Proposed Expenditure Reductions
Updated May 17, 2024
Department Category Impact 7/1/2024 For Future
Consideration
Maintenance
& Operation
Reduce contracts, uniforms, training, ammunition,
and equipment for personnel 224,468 Total Police Reductions 1,448,131 3,853,561 $ 4,606,700 $ 8,276,301
*City Council, City Clerk, City Attorney, City Manager, Human Resources, and Finance.

Total Reductions From All Departments
B-FY25 Proposed Expenditure Reductions1014
Agenda Item
City Council
Item #: 8.4. 5/28/2024 File #: 24-0336
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Fiscal Year 2024-2025 General Fund Budget Balancing Proposal.

2. SUMMARY
The Fiscal Year 2024-2025 General Fund budget balancing proposal is being presented for consideration by the City Council as directed by the City Council’s Budget Ad-Hoc Committee.

3. RECOMMENDED ACTION

1. Provide direction on the temporary budget reduction(s) to be included in the Fiscal Year 2024- 2025 budget adoption.

2. Provide direction to return in December 2024 to restore and/or implement additional reductions.

3. Provide direction to proceed with a Request For Proposal for a fee and cost allocation study.

4. FISCAL IMPACT
Various revenue enhancements and budget reductions to the Fiscal Year 2024-2025 General Fund budget.

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

There are five new revenue enhancements that require additional research from staff. Additional City of Orange Printed on 5/23/2024Page 1 of 2
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Item #: 8.4. 5/28/2024 File #: 24-0336
There are five new revenue enhancements that require additional research from staff. Additional information from these sources will return to the City Council at a future date for discussion and consideration. The remaining deficit of $3.2 million is proposed to be covered by the Catastrophic Reserve. Staff is seeking direction from the City Council on how to proceed to finalize the City’sFY25 budget.

7. ATTACHMENTS
· A - FY25 Proposed Revenue Enhancements
· B - FY25 Proposed Expenditure Reductions
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1016
Agenda Item
City Council
Item #: 8.5. 5/28/2024 File #: 24-0334
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Consider potential sales tax measure scenarios and provide direction to City staff.

2. SUMMARY
On May 14, 2024, the City Council directed staff to bring back information on different sales tax measure scenarios, including potential sales tax rates at 1%, 0.75%, and 0.5% as well as sunset dates at 10-years,15-years, and 20-years. Staff is seeking direction from the City Council on how to proceed.

3. RECOMMENDED ACTION
Consider potential sales tax measure scenarios and provide direction to City staff.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Be a Fiscally Healthy Community.
b. Analyze future fiscal needs and potential revenue opportunities.

6. DISCUSSION AND BACKGROUND
To address the Fiscal Year 2024-2025 (FY25) $19.1 million General Fund deficit, on May 14, 2024, the City Council discussed potential budget balancing proposals for the FY25 budget. During the City Council’sdiscussion, potential revenue enhancements including a transaction and use tax (sales tax) were considered.

Ultimately, the City Council voted for 1) the budget ad-hoc committee to bring forward a service/program reduction and revenue enhancement package for consideration at the May 28th City Council meeting (hereinafter collectively referred to as “budget balancing proposals”) to help close the budget deficit, and 2) for staff to bring back information on varying sales tax measure scenarios, including:

1. Financial forecasts with sales tax rates at 1%, 0.75%, and 0.5% with sunset dates ranging from 10, 15, to 20 years.

2. Information on voter thresholds for special taxes.

3. Information on a fiscal oversight committee should a potential measure pass.

Each item is reviewed in turn.

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Item #: 8.5. 5/28/2024 File #: 24-0334
Financial Forecasts
Staff worked with HdL Companies to identify the estimated revenue for the different sales tax rates and scenarios.

Chart Descriptions
Charts illustrating the projected annual General Fund revenue and expenditure changes are attached to the report. All three scenarios assume the budget balancing proposals are implemented in FY25, and that expenditures are not restored in subsequent FYs.

The projected revenues in the bar graph incorporate the budget balancing proposals along with existing General Fund revenues (e.g., property taxes, transient occupancy taxes, etc.) including the Bradley-Burns sales tax revenues our City is already receiving. The projected revenues are adjusted 3% annually.

The projected expenditures in the bar graph assume the budget balancing proposals. The projected expenditures are then adjusted 3.5% annually. It should be noted that if the City Council voted to restore funding levels, the 1% sales tax increase is the only sustainable and sufficient scenario.

The trend line above the bar graph illustrates changes in projected General Fund revenues if Orange voters approved a sales tax measure (i.e., General Fund revenues as shown in the bar graph + additional revenue generated from a sales tax measure).

Should Orange voters approve a sales tax measure in November 2024, the City could potentially see 3-4 months of additional sales tax revenue in FY25. This would result in a surplus under all three scenarios. However, this once again assumes the budget balancing proposals have been implemented for FY25.
1% Sales Tax Rate
With a 1% sales tax rate increase, the City would generate approximately $38,800,000 -$40,000,000 in additional revenue per year. Assuming consistent annual sales tax revenues, and no significant changes to revenues/expenditures, it is estimated the City’sGeneral Fund revenues would exceed General Fund expenditures in FY25 (assuming the budget balancing proposals for FY25 are incorporated) and continue through FY44.

0.75% Sales Tax Rate
With a 0.75% sales tax rate increase, the City would generate approximately $29,100,000 - $30,000,000 in additional revenue per year. Assuming consistent annual sales tax revenues, and no significant changes to revenues/expenditures, it is estimated the City’sGeneral Fund revenues would exceed General Fund expenditures in FY25 (assuming the budget balancing proposals for FY25 are incorporated) and continue through FY44 at a smaller margin than at the 1% sales tax rate.

0.5% Sales Tax Rate
With a 0.5% sales tax rate increase, the City would generate approximately $19,400,000 - $20,000,000 in additional revenue per year. Assuming consistent annual sales tax revenues, and no significant changes to revenues/expenditures, it is estimated the City’sGeneral Fund revenues would exceed General Fund expenditures by FY25 (assuming the budget balancing proposals for FY25 are incorporated).

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Item #: 8.5. 5/28/2024 File #: 24-0334
However, budget deficits (or near budget deficits) are projected in the immediate FYs with an anticipated $7.6 million General Fund deficit by FY41.

Assumed Funding Levels
Once again, all three scenarios assume the budget balancing proposals have been implemented in FY25, and that expenditures are not restored going forward. If the City Council voted to restore funding levels, the 1% sales tax increase is the only sustainable and sufficient scenario.

Voter Threshold for Special Taxes
Proposition 13 (1978) and Proposition 218 (1996) differentiated and clarified the differences between special and general taxes. Special taxes are taxes imposed for a specific purpose (e.g., tax revenues that exclusively fund parks or public safety). General taxes are taxes imposed for general government purposes.

Article XIII C, Section 2, Subdivision B and D of the California Constitution provides that General Taxes cannot be imposed unless approved by majority vote of the electorate (Subdivision B). Special taxes cannot be imposed unless approved by two-thirds vote of the electorate (Subdivision D).

Financial Oversight Committee
In Orange County, residents in 10 cities have voted to increase their sales tax rates above 7.75% with the lowest at 8.25%, the highest at 9.25%, and a majority at 8.75%. Of the cities whose residents have voted to increase their respective sales tax rates, some have created citizen oversight committees to monitor revenues/expenditures generated from the sales tax measure.

While each city incorporated different elements and responsibilities, there are distinct similarities across each agency. For example, the oversight committees generally serve as an advisory body to the City Council. Additionally, each city directed the oversight committee to review the expenditures/revenues deriving from the sales tax measure and to draft a report to their city councils on the use of sales tax measure funds.

Where the oversight committees generally differ is the type of analysis and reporting they are charged with producing. In some instances, oversight committees review expenditures/revenues against an adopted standard/policy and provide recommendations.

In other cases, the oversight committee is tasked to simply provide a report on how the funds are used. A spreadsheet detailing the nuances of each oversight committee is attached to this report along with supporting documents.

7. ATTACHMENTS
· Graphs Depicting Different Sales Tax Scenarios
· Citizen Oversight Committee Comparisons
· Citizen Oversight Committee Supporting Documentation
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Agenda Item
City Council
Item #: 8.5. 5/28/2024 File #: 24-0334
TO: Honorable Mayor and Members of the City Council
FROM: Tom Kisela, City Manager

1. SUBJECT
Consider potential sales tax measure scenarios and provide direction to City staff.

3. RECOMMENDED ACTION
Consider potential sales tax measure scenarios and provide direction to City staff.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Be a Fiscally Healthy Community.
b. Analyze future fiscal needs and potential revenue opportunities.

1. Financial forecasts with sales tax rates at 1%, 0.75%, and 0.5% with sunset dates ranging from 10, 15, to 20 years.

2. Information on voter thresholds for special taxes.

3. Information on a fiscal oversight committee should a potential measure pass.

Each item is reviewed in turn.

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Item #: 8.5. 5/28/2024 File #: 24-0334
Financial Forecasts
Staff worked with HdL Companies to identify the estimated revenue for the different sales tax rates and scenarios.

However, budget deficits (or near budget deficits) are projected in the immediate FYs with an City of Orange Printed on 5/23/2024Page 2 of 3
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1021
Item #: 8.5. 5/28/2024 File #: 24-0334
However, budget deficits (or near budget deficits) are projected in the immediate FYs with an anticipated $7.6 million General Fund deficit by FY41.

7. ATTACHMENTS
· Graphs Depicting Different Sales Tax Scenarios
· Citizen Oversight Committee Comparisons
· Citizen Oversight Committee Supporting Documentation
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-
50,000,000
100,000,000
150,000,000
200,000,000
250,000,000
300,000,000
350,000,000
FY25 FY26 FY27 FY28 FY29 FY30 FY31 FY32 FY33 FY34 FY35 FY36 FY37 FY38 FY39 FY40 FY41 FY42 FY43 FY44 1% Sales Tax Projection
Projected revenues Projected expenditures Projected revenues w/1% sales tax Attachment A: Sales Tax Scenarios1023
-
50,000,000
100,000,000
150,000,000
200,000,000
250,000,000
300,000,000
350,000,000
FY25 FY26 FY27 FY28 FY29 FY30 FY31 FY32 FY33 FY34 FY35 FY36 FY37 FY38 FY39 FY40 FY41 FY42 FY43 FY44

0.75% Sales Tax Projection
Projected revenues Projected expenditures Projected revenues w/0.75% sales tax Attachment A: Sales Tax Scenarios1024
-
50,000,000
100,000,000
150,000,000
200,000,000
250,000,000
300,000,000
350,000,000
FY25 FY26 FY27 FY28 FY29 FY30 FY31 FY32 FY33 FY34 FY35 FY36 FY37 FY38 FY39 FY40 FY41 FY42 FY43 FY44

0.5% Sales Tax Projection
Projected revenues Projected expenditures Projected revenues w/0.5% sales tax Attachment A: Sales Tax Scenarios1025
Citizen Oversight Committee Comparisons
City Number of
Members
*Selection Process and Board
Composition
Number of Meetings Duties/Responsibilities
Fountain
Valley
5 City Council Appointment - At
least one member should
represent the business
community; one member should
be an active senior resident (65 or
older); at least one member must
have voted for the measure; at
least one member must have
voted against the measure.

Remaining member is an at-large
appointment.

Dependent on budget
schedule (active from
January – June)
 Review at a policy level the audited annual financial report which will include sales tax measure revenue and
expenditures.
 Review at a policy level the mid-year financial report of general fund revenues and expenditures.
 Review at a policy level the proposed annual general fund operating budget prior to adoption by the City Council.  Review the above reports at a policy level based on the City’s “Responsible Spending Pledge” and sales tax measure goals of maintaining essential city services including public safety.  The Committee shall produce a report that records the results of its review at a policy level of the City’s audited financial statement, mid-year financial report and proposed annual general fund budget for expenditures of the revenue
generated from the sales tax measure.

Garden
Grove
7 City Council Appointment - At
least one member should
represent the business
community, one member should
be an active senior resident (62 or
older), and at least two should
have a background in
finance/accounting. Remaining
members are at-large
appointments.
4  Review year-end audited annual financial information which will include sales tax measure revenue and expenditures.  Review the mid-year financial report of general fund
revenues and expenditures.
 Review the annual general fund operating budget.
 Review the above reports based on the City’s sales tax measure ordinance and input via the Community Priorities Survey.
 Hear public testimony and comments regarding the City’s sales tax measure.
 The Committee shall produce a report that records the results of its review of the City’s annual general fund budget, mid- year budget and year-end audited financial information for expenditures from revenue generated from the sales tax
measure.
1026
Citizen Oversight Committee Comparisons
Placentia 3 City Council Appointment – Two
members shall come from the
Citizens Fiscal Sustainability Task
Force and one from the Financial
Audit Oversight Committee
At least once annually  Review the expenditure of funds generated by the transactions and use tax.
 The committee shall prepare an annual report which shall be presented to the city council and shall also be published on the city's webpage.

Westminster 5 City Council Appointment – Five
residents of the community with
consideration made to
professional and educational
background.
2  Review the City’s audited financial report specifically related to the use of funds generated through the sales tax measure.  Review general fund revenue and expenditures related to the use of funds generated through the sales tax measure
included in the City’s budget report.
 Production of an annual report to the City Council regarding the findings following the review of the audited financial report and the annual budget report.

Santa Ana 7 City Council Appointment –
Committee members shall be a
resident from the ward the City
Council member represents. The
Mayor will select one at-large
member.
4  Pursuant to Santa Ana Municipal Code Section 35-214, the Committee shall act in an advisory role to the City Council.  The Committee shall review summaries of quarterly and year-to-date revenue generated by sales tax measure, as detailed sales tax data for each business is confidential pursuant to state law.
 The Committee shall review budgeted and actual
expenditures appropriated from the sales tax.
 During its December meeting, the Committee shall receive annual presentations from the City's sales and use tax
consultant and the City's independent financial statement auditor.
 During its March meeting, the Committee shall prepare an annual report to City Council, including recommendations, in time for City Council consideration during the budget process for the upcoming fiscal year.
*Professional background and education are also considered when appointing individuals. 1027
Fountain Valley
1028
1029
1030
1031
1032
1033
1034

GARDEN GROVE CITY COUNCIL

RESOLUTION NO. 9540-19

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE DEFINING THE COMPOSITION OF THE MEASURE O – CITIZENS’ OVERSIGHT

COMMITTEE, PURPOSE, TERMS OF OFFICE FOR COMMITTEE MEMBERS, THE SCOPE OF THE COMMITTEE’S RESPONSIBILITES AND OTHER RELATED MATTERS

WHEREAS, on November 6, 2018, Garden Grove voters passed Ordinance No. 2897, also known as Measure O, imposing a one-cent (1%) transactions and use (sales) tax;

WHEREAS, Garden Grove merchants will begin collecting the tax on behalf of the City of Garden Grove on April 1, 2019;

WHEREAS, Ordinance No. 2897 states that the measure will be “subject to a clear system of accountability, including public audits and disclosures of all funds spent to ensure that all funds are spent properly” and “include strict Citizen Oversight, giving an independent voice in overseeing the measure’s funds”;

WHEREAS, this Resolution establishes a Measure O – Citizens’ Oversight Committee; and

WHEREAS, this Resolution sets the composition of the Measure O – Citizens’ Oversight Committee, its purpose, the terms of office, and defines the scope of the committee’s responsibilities; and other related matters.

NOW, THEREFORE, THE CITY OF GARDEN GROVE CITY COUNCIL DOES HEREBY RESOLVES, DETERMINES, AND FINDS AS FOLLOWS:

SECTION 1. The Measure O – Citizens’ Oversight Committee’s composition, terms of office, scope of responsibilities and other related matters shall be as described in Exhibit A to this Resolution, incorporated herein by reference.

SECTION 2. This Resolution shall become effective immediately upon its passage and adoption.

SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution, and enter it into the book of original Resolutions.

Garden Grove
1035
Garden Grove City Council
Resolution No. 9540-19

Page 2 ends

Adopted this 26
th day of February 2019.

ATTEST: /s/ STEVEN R. JONES
MAYOR
/s/ TERESA POMEROY, CMC________

CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:

CITY OF GARDEN GROVE )

I, TERESA POMEROY, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Garden Grove, California, at a meeting held on February 26, 2019, by the following vote:

AYES: COUNCIL MEMBERS: (7) BRIETI GAM, O’NEILL, NGUYEN T., BUI KLOPFENSTEIN, NGUYEN K., JONES
NOES: COUNCIL MEMBERS: (0) NONE
ABSENT: COUNCIL MEMBERS: (0) NONE

/s/ TERESA POMEROY, CMC_

CITY CLERK

1036
Garden Grove City Council
Resolution No. 9540-19

Page 3 ends

EXHIBIT A

City of Garden Grove
Measure O – Public Safety/9-1-1 and Vital City Services Citizens’ Oversight Committee

1. Purpose: The purpose of the Measure O Citizens’ Oversight Committee will be to review the City’s annual general fund budget, mid-year budget, and year- end audited financial information in regards to the receipt and expenditure of the fiscal year’s one-cent transactions and use (sales) tax revenue. This review will be based on the City’s Measure O Ordinance No. 2897 and input received via the Community Priorities Survey . The committee will communicate its findings to the public and the City Council annually.

2. Committee Responsibilities: The oversight committee responsibilities for each of the years that the Measure O one-cent (1%) transactions and use (sales) tax is collected is:

2.1. Review year-end audited annual fina ncial information which will include Measure O tax revenue and expenditures.

2.2. Review the mid-year financial repo rt of general fund revenues and expenditures.

2.3. Review the annual general fund operating budget.

2.4. Review the above reports based on the City’s Measure O Ordinance No. 2897 and input via the Community Priorities Survey.

2.5. Hear public testimony and comments regarding Measure O.

The Committee shall produce a report that records the results of its review of the City’s annual general fund budget, mid-year budget and year-end audited financial information for expenditures from revenue generated from the Measure O tax. The report shall be presented to the Council at a public meeting and shall be a public record. The report will also be posted on the City’s website. The committee shall confine itself specifically to a high level review of revenues generated under Measure O and related expenditures.

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The Oversight Committee responsibilities do NOT include the following:

‐ Enterprise and other funds generated independent of Measure O; ‐ Enterprise and other fund expenditures independent of Measure O; ‐ Decision-making on spending priorities;
‐ Authority to direct City staff or other officials.

3. Committee Composition: The Oversight Committee shall consist of seven members. At least one member should represent the business community as an owner or representative of a local business; at least one member should be an active senior resident (age 62 or older); at least two members should have background in finance/accounting; and the remaining three members may be members of the community at-large.

The following rules apply to all members:

3.1. All members shall be at least 18-years of age and reside within the State of California and be residents or business owners/representatives in the City of Garden Grove. All members shall be a registered voter. (Confirmation can be made by the voter through the OC Registrar of Voters website.)

3.2. Committee members may not be current Garden Grove employees, Garden Grove City Council members, or any vendor, contractor, or consultant with active co ntracts or agreements with the City of Garden Grove.

3.3. In making its appointment to th e Oversight Committee, the Council may, at its discretion, consider various factors applicable to each candidate including, but not limited to, (i) resi dency in the City, (ii) whether the candidate is a registered voter within the City, and (iii) the candidate’s professional (including financial or accounting experience) and educational background which supports or complements the purposes of the Oversight Committee.

4. Committee is Advisory: Advisory bodies play an important role in City government by assisting and advising the City Council. The primary role of an advisory body is to provide judicious ad vice to the City Council, the elected policy making body of the City. The advisory body’s role can include the review of written and financial information, faci litating the study of issues, assessing the alternatives regarding issues of community concern and ultimately forwarding recommendations through Sta ff Liaison to the City Council for its consideration.

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5. Committee Member Terms of Office: Pursuant to Garden Grove Municipal Code Section 2.21.012 Terms of Office, the term of office for all members of boards, commissions, and committees shall be from the date of appointment to the date of the first meeting of the City Council following each regular municipal election; provided, however, that a member shall remain in office until his or her successor is appointed or as otherwise set forth herein.

First Term Future Terms – 2 years
Appointment Expiration Appointment Expiration
April 2019 December 2020 January 2021 December 2022

6. Committee Organization and Use of Existing City Practices: The Committee shall follow all relevant ex isting City practices in terms of organization and conduct. Specifically:

6.1. Elect the Chair and Vice Chair;

6.2. Operate in accordance with the Ralph M. Brown Public Meetings Act and shall conduct its meetings in accordance with the provisions thereof;

6.3. Operate in accordance with City of Garden Grove - City Council Policy, Commission/Committee Appointments, except where the Measure O Citizens’ Oversight Committee Resolution (Policies) specifically addresses a topic;

6.4. Operate in accordance with City of Garden Grove Administrative Directives or Policies related to Ethics Training for Elected Officials; Appointees to Certain Boards, Commissions, and Committees; and Designated Employees;

6.5. Comply with all State and local ma ndated conflict of interest/economic interest disclosure requirements, if required by law;

6.6. Receive no compensation for service on the Committee.

7. Committee Appointments / Attendance / Removal / Vacancy: The Committee shall be appointed through the normal City Council Committee/Commission Appointments process. Pursuant to Garden Grove Municipal Code Section 2.21.010, the Mayo r, with the approval of the City Council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute. Th ere will be an application for Measure O Oversight Committee consideration. The power to make determinations as to appointments, attendance, removal and vacancies on the Oversight Committee is expressly reserved by the City Council.

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7.1. For committee’s to function effectiv ely and accomplish their goals, all members must be active participants. This means all members must be present at all meetings. Committee members must inform the staff liaison prior to the meeting if they are unable to attend.

7.2. The Council may remove any Committee members for any reason in accordance with established committee/commission removal processes outlined in Municipal Code section 2.21.014.

7.3. If a Committee member resigns or is removed by the Council, his or her seat shall be declared vacant. The Council in accordance with established appointment processes contained in Municipal Code section 2.21.13 shall fill any vacancies on the Committee.

7.4. A Committee member may be removed as may otherwise be prescribed or required by law.

8. Staff Support / Authority of Committee: Staff from the Finance Department will have primary responsi bility for providing administrative support to the Measure O Citizens’ Oversight Committee as shall be consistent with the Committee’s purpose. The City Manager or his/her designee may also act as staff liaison to the Committ ee. Oversight Committee members do not have the authority to direct staff of the City or other officials.

9. Committee Meeting Schedule: The City’s budget development occurs from January through August; the audited financial statement is typically complete by the end of January; and the mid-year financial report is normally completed in March. Consequently, the Committee will be active from January through August each year with a minimum of two meetings anticipated annually. The committee will have the ability to meet up to four times annually as needed.

The exact meeting schedule (days/times/locations) will be dependent upon the budget preparation schedule, which changes slightly from year to year. No specific hearing dates and times have been established in this resolution in order to allow staff to work with the appointed Committee members to identify days/times that work well for the membership. All Oversight Committee meetings will be public and will be agendized in accordance with the Brown Act.

10.Committee Reports: The Committee shall present to the Council, in public session, an annual written report which shall include the following:

10.1. A summary of the Committee’s pr oceedings and activities during the most recent review period.

10.2. A response to the following ques tions will be addressed in the annual report:
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10.2.1. Does the current audited fina ncial information reflect that the Measure O – Public Safety and Vital City Services tax was collected and appropriately spent?

10.2.2. Does the City’s proposed General Fund annual budget and CIP plan protect and maintain the City’s core services including public safety?
The report prepared by the Committ ee documenting their findings and recommendations will be presented to the City Council at a public meeting and will be public record. The report will also be posted on the City’s website.

11.Amendment of Policy and Regulations: The policies and regulations of the Oversight Committee may be subject to later and further amendments by the City Council and its discretion.

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§ 3.32.020. Establishment of citizens' oversight committee.

Pursuant to Ordinance No. O-2018-08, a citizens' oversight committee is hereby established, and shall be hereinafter referred to in this chapter as the "committee." ( Ord. O-2019-02 § 2, 2019 )
§ 3.32.030. Purpose.

The purpose of the committee shall be to review the expenditure of funds generated by the transactions and use tax, and to provide an annual report to the city council on those expenditures. The committee shall meet at least once annually. The committee shall prepare an annual report which shall be presented to the city council and shall also be published on the city's webpage. Unless otherwise directed by resolution or ordinance of the city council, the committee shall not have any function, power, or authority other than those expressly provided in this chapter. In no event shall a failure of the city council or the committee to meet, or to take any other action, invalidate any tax collected under this chapter; however, any court of competent jurisdiction may issue an order to the city compelling the city to comply with this section. ( Ord. O-2019-02 § 2, 2019 )
§ 3.32.040. Membership.

The committee shall be composed of three regular voting members. All members of the committee shall be appointed by the city council and shall be subject to removal by a majority of the city council. Two of the members shall come from the citizens' fiscal sustainability task force and one from the financial audit oversight committee, so long as those bodies continue to exist in the city council's discretion. ( Ord. O-2019-02 § 2, 2019 )
§ 3.32.050. Terms of office.

Except as otherwise provided in this section, each committee member shall serve a four year term, which shall expire each succeeding July 1st. In the absence of resignation or removal, each member shall continue to serve until a successor is appointed and qualified. In order to create staggered terms, of those first three members appointed to the committee, two shall serve a four year term, and one shall serve a two year term. ( Ord. O-2019-02 § 2, 2019 )
§ 3.32.060. Absence from meeting.

If a member is absent without excuse from three consecutive committee meetings, the chair may notify the city council to consider whether the member should be removed. It is the responsibility of each member to notify the chair or vice-chair before the meeting if a member is unable to attend.
( Ord. O-2019-02 § 2, 2019 )
§ 3.32.070. Compensation and reimbursement for expenses.

The members of the committee shall serve without compensation, as stated in Ordinance Downloaded from https://ecode360.com/PL4986 on 2024-05-21 Placentia
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No. O-2018-08. If the expenditure is approved in advance by the city council, the city may pay reasonable expenses for members to attend meetings, conferences or other events that will directly assist the members in the performance of their duties under this chapter.
( Ord. O-2019-02 § 2, 2019 )
§ 3.32.080. Officers, meeting rules and records.

Each year the committee shall appoint one of their members to serve as chair, and one to serve as vice-chair. Each will serve a one year term. The chair shall run each meeting, and the vice-chair shall serve in the absence of the chair. The chair and vice-chair shall both serve at the pleasure of the committee.

All meetings of the committee shall be open to the public and shall be noticed pursuant to the requirements of the Ralph M. Brown Act. The city administrator shall designate a city employee to act as secretary of the committee, who shall keep a record of its proceedings, and assist with public postings and the collection of records needed to accomplish the committee's purpose. The committee may adopt reasonable rules and regulations, which shall be consistent with the charter and this chapter. ( Ord. O-2019-02 § 2, 2019 )
§ 3.32.090. Annual orientation and training.

Each member shall attend any annual orientation or training event organized by the city.

An unexcused failure to attend any such event shall be grounds for removal from the committee.
( Ord. O-2019-02 § 2, 2019 )
City of Placentia, CA
§ 3.32.070 § 3.32.090
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RESOLUTION NO. 2019- 008

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA APPROVING THE ESTABLISHMENT OF AND

BYLAWS FOR THE TRANSACTIONS AND USE TAX

MEASURE X CITIZEN OVERSIGHT COMMITTEE
Be IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana conclusively finds, determines and declares as follows:

WHEREAS, on November 6, 2018, the voters of the City of Santa Ana approved Measure X (Santa Ana NeighborhoodSafety, Homeless Prevention, and Essential City Services Enhancement Measure).

WHEREAS, Measure X established Santa Ana Municipal Code Section 35- 214; which includes a requirement for the City Council to adopt a resolution to establish a citizen oversight committee to act in an advisory role to the City Council in reviewing the annual revenue and expenditures of funds from the tax authorized by Measure X; and the committee members' terms, qualifications and duties, and the committee' s scope of authority.

WHEREAS, on January 15, 2019, the City Council directed staff to prepare a resolution based upon staff recommendation establishing the citizen oversight committee and its bylaws.

NOW, THEREFORE, it is hereby ORDERED, RESOLVED and DETERMINED, as follows:

Section 2. Establishment of Committee, Member Qualifications and Selection, and Member Terms.

A. The Measure X Citizen Oversight Committee (" Committee") shall be established. The name of the Committee shall be the SANTA ANA 2018 MEASURE X CITIZEN OVERSIGHT COMMITTEE. The Committee shall be comprised of 7 members. All Committee Members must be residents of the City of Santa Ana.

B. Each of the City Council Members shall select one Committee Member, who shall be a resident from the ward the City Council Member represents. The Mayor shall select one Committee Member at large, who must have financial expertise. Financial expertise is defined as minimum education equal to a four-year accredited college or university degree in Finance, Accounting, Economics or a related finance subject major, with two - year' s minimum Resolution No. 2019- 008

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related working experience in the private or governmental sector. All selections put forth for appointment shall be ratified by a majority of the City Council during a regular City Council meeting.

C. Each Committee member shall have a term that coincides with the City Council Member who appointed the Committee Member.

D. Residents who desire to serve on the Committee must submit an application with the Clerk of the Council, pursuant to a process established by the Clerk.

The Clerk of the Council shall furnish completed applications to the applicable City Council Member for consideration.

E. Committee members are volunteers, and are not paid compensation by the City for serving on the Committee.

Section 3. Meetings.

A. The Committee shall be subject to California open meetings law, which is the Ralph M. Brown Act ( California Government Code Section 54950 et seq.).

B. Four members shall constitute a quorum for meetings.

C. The Committee shall self - elect a Chair to preside over meetings, authorize calls for any special meetings subject to the availability of Finance and Management Services Agency staff, execute the Committee' s annual report, and attend the City Council meeting where the Committee's annual report is presented. The Committee shall also self -elect a Vice -Chair to serve in the absence of the Chair.

D. In the absence of both the Chair and Vice - Chair, the Committee shall, as the first order of business, nominate a member to Chair the meeting.

E. The Executive Director of Finance and Management Services shall appoint an employee to serve as the Recording Secretary of the Committee, who shall take minutes, issue notice of all regular and special meetings, and perform other duties associated with the role.

F. The current edition of Robert' s Rules of Order shall be the authority on all questions of parliamentary procedure, unless in conflict with the Santa Ana Municipal Code or state law.

G. Regular meetings shall be held quarterly, on the second Wednesdays of March, June, September, and December; which are the months immediately following the availability and analysisof quarter -end sales tax data. Meetings will generally be held at 6:00 pm in a publicly -available room at City Hall, which shall be listed on each meeting agenda publicly posted prior to the meetingin accordancewith state law. Additional meetingsshall be scheduled as needed, or by direction of City Council.

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Section 4. Committee Member Orientation. Committee Members shall receive an orientation including overviews of the following topics: compliance with the Brown Act; this establishing resolution and any subsequent amending resolutions; sales, transactions and use tax law and processes; and the City's budget and financial position.

Section 5. Committee Support.

A. The Finance and Management Services Agency shall supply the staff support for the Committee, including attendance at meetings, and preparation of the agenda and meeting presentations.

B. The City Council shall appropriate a small annual budget sufficient for administrative support such as photocopying, minute -taking, and an annual presentation from the City' s sales tax consultant.

Section 6. Duties.

A. Pursuant to Santa Ana Municipal Code Section 35- 214, the Committee shall act in an advisory role to the City Council.

B. The Committee shall review summaries of quarterly and year-to-date revenue generated by Measure X, as detailed sales tax data for each business is confidential pursuant to state law.

C. The Committee shall review budgeted and actual expenditures appropriated from the Measure X revenue source.

D. During its December meeting, the Committee shall receive annual presentations from the City's sales and use tax consultant and the City's independent financial statement auditor.

E. During its March meeting, the Committee shall prepare an annual report to City Council, including recommendations, in time for City Council consideration during the budget process for the upcoming fiscal year.

Section 7. Committee Member Absences. If a Committee Member is absent from two consecutive regular meetings, unless by permission of the Committee expressed in its official minutes, or is convicted of a crime involving moral turpitude, or ceases to be a qualified Committee Member, the seat shall become vacant and shall be so declared by the City Council. A notification of non-attendance to the Recording Secretary by either email or phone call may be deemed as an " excused absence" after consideration and vote of a majority of the Committee. Failure to give notification of non- attendance shall be deemed an unexcused absence.

Section 8. Amendment of Bylaws. The bylaws included herein can only be amended by resolution of the City Council.

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Section 9. The bylaws for the Santa Ana 2018 Measure X Citizen Oversight Committee, as described herein, are approved.

Section 10. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.

ADOPTED this 5thday of February, 2019.

APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By: `cam u- 5
Lisa Storck
Assistant City Attorneye
AYES: Councilmembers Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas ( 6)
NOES: Councilmembers None ( 0)
ABSTAIN: Councilmembers None ( 0)
NOT PRESENT: Councilmembers Reyna ( 1)
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Norma Mitre, Acting Clerk of the Council, do hereby certify the attached Resolution No. 2019- 008 to be the original resolution adopted by the City Council of the City of Santa Ana on February 5, 2019.

Date:

Norma Mitre
Acting Clerk of the Council
City of Santa Ana
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Orange City CouncilMay 28, 2024

Orange City Council
May 28, 2024