Agenda packet — Orange City Council, August 27, 2024

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

DAN SLATER
Mayor

ARIANNA BARRIOS
Mayor pro tem, District 1

JON DUMITRU
Councilmember, District 2

KATHY TAVOULARIS
Councilmember, District 3

DENIS BILODEAU
Councilmember, District 4

ANA GUTIERREZ
Councilmember, District 5

JOHN GYLLENHAMMER
Councilmember, District 6
AGENDA
City Council
August 27, 2024
5:00 PM Closed Session
6:00 PM Regular Session
City Council Chamber
300 E. Chapman Avenue
Orange, CA 92866
The City of Orange City Council welcomes you to this meeting and encourages your participation. Regular City Council meetings are held on the second and fourth Tuesday of each month at 6:00 p.m.

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

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

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

Public Comments are limited to three (3) minutes per speaker unless a different time limit is announced. It is requested that you state your name for the record, then proceed to address the City Council. All speakers shall observe civility, decorum, and good behavior.
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1 City Council Agenda August 27, 2024
2) Written Public Comments via eComment
Members of the public can submit their written comments electronically for City Council consideration by using the eComment feature on the Agenda page of the City's website at www .cityoforange.org. To ensure distribution to the City Council prior to consideration of the agenda, we encourage the public to submit written comments by 3:00 p.m. the day of the meeting. All written comments will be provided to the Council for consideration and posted on the City’s website after the meeting. 3) Public Comments via recorded voicemail message
Finally, the public can record their comments by calling (714) 744-2234 no later than 5:00 p.m. the day of the meeting. Recorded messages will not be played at the meeting, but will be provided to the Council.

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

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

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

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

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2 City Council Agenda August 27, 2024
5:00 PM CLOSED SESSION

1. CALL TO ORDER

1.1 ROLL CALL

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

3. RECESS TO CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) - Two cases 1) Name of Case: Terrence Velasquez v. City of Orange Orange County Superior Court Case No. 30-2024-01349126
2) Name of Case: Carol Leigh Kneeshaw v. City of Orange Orange County Superior Court Case No. 30-2020-01170026
b. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9. (One potential case)

4. CLOSED SESSION REPORT

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

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3 City Council Agenda August 27, 2024
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER

1.1 INVOCATION
Senior Pastor Mike Sciarra, Grace Church of Orange

1.2 PLEDGE OF ALLEGIANCE
Councilmember Jon Dumitru

1.3 ROLL CALL

1.4 PRESENTATIONS/ANNOUNCEMENTS
Presentation of Orange City Fire Department Lifesaving Medal to Michael Lee from Santiago Charter Middle School
Proclamation declaring September 2024 as Hunger Action Month Friends of the Orange Public Library presentation to the Orange Public Library

1.5 REPORT ON CLOSED SESSION ACTIONS

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

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

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

Approve.

Recommended Action:

Staff ReportAttachments:

3.2. Agreement with the State of California, Department of Alcoholic Beverage Control for the Alcohol Policing Partnership Grant for Fiscal Year 2024-2025.

Resolution No. 11571.

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4 City Council Agenda August 27, 2024

1. Approve the agreement with the State of California, Department of Alcoholic Beverage Control in the amount of $75,000 for the Alcohol Policing Partnership Grant; and authorize the Chief of Police or City Manager to execute on behalf of the City.

2. Adopt Resolution No. 11571. A Resolution of the City Council of the City of Orange accepting funds in the amount of $75,000 from the State of California Department of Alcoholic Beverage Control for the Alcoholic Policing Partnership Grant, and authorizing the Chief of Police or City Manager to execute the grant program agreement and related documents.

3. Accept into the City ’s revenue budget $75,000 in grant funds from the State of California, Department of Alcoholic Beverage Control into the General Fund (100) as follows:
100.4033.45495.30250 Alcoholic Beverage Control Grant FY25.

4. Authorize the appropriation of $75,000 into the General Fund (100) ABC Grant FY25 as follows:
100.4033.50221.30250 Overtime Safety $69,000
100.4033.51830.30250 Overnight Training $ 3,000
100.4033.53060.30250 Misc. Materials & Supplies $ 500 100.4033.55131.30250 Equipment Additions $ 2,500
Recommended Action:

Staff Report
ABC Agreement No. 24-APP31
Resolution No. 11571
Attachments:

3.3. Agreement with DMC Document & Microfilm Conversion for scanning of building and planning documents.

Approve the agreement with DMC Document & Microfilm Conversion in the amount of $80,000 for scanning and indexing of building and planning documents; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Agreement with DMC Document & Microfilm Conversion
Attachments:

3.4. First Amendment to Cooperative Agreement with City of Villa Park for East Cerro Villa Drive Improvement Project.

Approve the First Amendment to Cooperative Agreement with the City of Villa Park establishing the revised amount of $ 157,110 for the East Cerro Villa Drive Improvement Project; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
First Amendment to Cooperative Agreement with City of Villa Park Attachments:

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5 City Council Agenda August 27, 2024

3.5. First Amendment to Agreement with Municipal Water District of Orange County for the Lead and Copper Rule Service Line Inventories.

Approve the First Amendment with Municipal Water District of Orange County in the amount of $ 37,852 for additional records inspection and data analysis bringing the total contract to $ 149,608; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
First Amendment to Agreement with MWDOC
Change of Scope and Fee
Attachments:

3.6. Fourth Amendment to Agreement with Tetra Tech, Inc. for additional construction support services for Well 28 Equipping and Public Pocket Park Project.

Approve the Fourth Amendment with Tetra Tech, Inc. in the amount of $ 58,150 for additional construction management and technical support bringing the total contract to $996,350; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Fourth Amendment to Agreement with Tetra Tech, Inc.

Attachments:

3.7. Appropriation of $ 48,335 in designated disbursement and donation funding received from Santiago Library System and Friends of Orange Public Library.

1. Accept into the City ’s revenue budget $48,335 in disbursement and donation funds from Santiago Library System and Friends of Orange Public Library to General Fund (100) as follows:
100.2001.48390.19988 Santiago Lib. Sys. $7,335
100.2001.48390.19990 Donations $41,000

2. Authorize the appropriation of $48,335 to Santiago Library System and Friends of Orange Public Library to General Fund (100) as follows:
100.2001.53011.19990 Emp. Appreciation $2,500
100.2001.53301.19988 Santiago Lib. Sys. $7,335
100.2001.53301.19990 Library Books $33,500
100.2017.53340.19990 Craft Supplies $5,000
Recommended Action:

Staff ReportAttachments:

3.8. Appropriation of $ 94,600 from the Opioid Settlement Fund for opioid remediation initiatives in Fiscal Year 2025.

Authorize the appropriation of $ 94,600 from the Opioid Settlement Fund (126) unreserved fund balance to:

Recommended Action:

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6 City Council Agenda August 27, 2024
126.3015.53510.30227 Paramedic Med Supplies - Opioid Staff ReportAttachments:

3.9. Appropriation of $35,000 in donations for the 2024 Concerts in the Park series.

1. Accept into the City ’s revenue budget $35,000 in special event donations to General Fund Reimbursable Fund (105):
105.7015.48380.17560 Concerts in the Park

2. Authorize the appropriation of $35,000 to General Fund Reimbursable Fund (105):
105.7015.51670.17560 Other Prof Consult Services - Concerts in the Park Recommended Action:

Staff ReportAttachments:

3.10. Approval of plans and specifications for Annual Sewer Replacement and Maintenance, Fiscal Year 2024-2025; authorization to advertise Bid No. 24-25.04 (S-252); and finding of CEQA exemption.

1. Approve the plans and specifications and authorize advertising for Bid No. 24-

25.04, Annual Sewer Replacement and Maintenance, Fiscal Year 2024-2025.

2. Find that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1(c) - Existing Facilities).

Recommended Action:

Staff Report
Location Map
Attachments:

3.11. Notice of Completion and Acceptance for Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement Project; Bid No. 22-23.42 (D-179).

1. Accept Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement Project as complete.

2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.

Recommended Action:

Staff Report
Notice of Completion and Acceptance
Attachments:

3.12. Notice of Completion and Acceptance for Taft Avenue and Lewis Street Water Quality Storm Drain Improvement Project; Bid No. 22-23.29 (D-180).

1. Accept Taft Avenue and Lewis Street Water Quality Storm Drain Improvement Project as complete.

2. Authorize City Clerk to file Notice of Completion with the Orange County Recommended Action:

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7 City Council Agenda August 27, 2024
Clerk-Recorder’s Office.

Staff Report
Notice of Completion and Acceptance
Attachments:

3.13. Notice of Completion and Acceptance for Annual Sewer Line Replacement/Maintenance, Fiscal Year 2022-2023; Bid No. 22-23.20 (S-247).

1. Accept Annual Sewer Line Replacement /Maintenance, Fiscal Year 2022-2023 as complete.

2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.

Recommended Action:

Staff Report
Notice of Completion and Acceptance
Attachments:

3.14. Notice of Completion and Acceptance for Annual Concrete Replacement at Various Locations, Fiscal Year 2023-2024; Bid No. 23-24.11 (SP-4268).

1. Accept Annual Concrete Replacement at Various Locations Project as complete.

2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.

Recommended Action:

Staff Report
Notice of Completion and Acceptance
Attachments:

3.15. Replacement of video surveillance system servers and storage infrastructure.

1. Authorize the appropriation of $482,542 from the Computer Replacement (790) unreserved fund balance to:
790.1601.56033.20456 Physical Security Platform

2. Approve the agreement with Triad Consulting & System Design Group, L .L.C. in the amount of $90,595.00 for Genetec server and archiver implementation upgrade services; and authorize the Mayor and City Clerk to execute on behalf of the City.

3. Authorize purchase of servers and storage from Sidepath, Inc. for a total amount of $391,946.93.

Recommended Action:

Staff Report
Agreement with Triad Consulting
Sidepath Quote
Attachments:

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

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8 City Council Agenda August 27, 2024

4. REPORTS FROM MAYOR SLATER

4.1. Sidewalk Cleaning in Plaza

4.2. Parking and Storage of Recreational Vehicles Ordinance Discussion

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

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

5.1. Highlight Local Business (Gutierrez)

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

7. REPORTS FROM CITY MANAGER

8. ADMINISTRATIVE REPORTS

8.1. Executive Management and Senior Management employees’ classification, compensation, and terms of employment and Citywide Pay Schedule. Resolution Nos. 11573 and 11574.

1. Adopt Resolution No. 11573. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11480 and all amendments thereto and approving provisions relating to the classification, compensation, and terms of employment of Executive Management and Senior Management employees effective July 1, 2024, through and including June 30, 2025.

2. Adopt Resolution No. 11574. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11562 and amending the Citywide Pay Schedule in accordance with the requirements of the California Code of Regulations, Title 2, Section 570.5.

Recommended Action:

Staff Report
Resolution No. 11573
Resolution No. 11574
Attachments:

8.2. Consideration of the reinstatement and funding of the 2024 Treats in the Streets Autumn Festival.

1. Provide direction regarding the reinstatement of the 2024 Treats in the Streets Autumn Festival considering an event total cost of $67,785.

2. If reinstated, authorize the appropriation of $53,644. from General Fund (100) unreserved fund balance to:
100.7015.51670.00000 Other Professional & Consulting Services Recommended Action:

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9 City Council Agenda August 27, 2024
Staff ReportAttachments:

9. LEGAL AFFAIRS

9.1. Introduction and First Reading of an ordinance repealing and replacing Chapter

12.48 of the Orange Municipal Code pertaining to parks. Ordinance No. 24-24.

Introduce and conduct First Reading of Ordinance No. 24-24. An Ordinance of the City Council of the City of Orange repealing and replacing Chapter 12.48 of the Orange Municipal Code pertaining to parks.

Recommended Action:

Staff Report
Ordinance No. 24-24
Attachments:

10. ADJOURNMENT
The next Regular City Council meeting will be held on Tuesday, September 10, 2024, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.

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

Date posted: August 22, 2024

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10 Agenda Item
City Council
Item #: 3.1. 8/27/2024 File #: 24-0466
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk/Director of City Clerk Services

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

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

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

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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11 Agenda Item
City Council
Item #: 3.1. 8/27/2024 File #: 24-0466
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk/Director of City Clerk Services

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

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

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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12 Agenda Item
City Council
Item #: 3.2. 8/27/2024 File #: 24-0473
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Agreement with the State of California, Department of Alcoholic Beverage Control for the Alcohol Policing Partnership Grant for Fiscal Year 2024-2025. Resolution No. 11571.

2. SUMMARY
Funding for the Alcohol Policing Partnership Grant is being awarded in the amount of $75,000 to eliminate the crime and public nuisance problems associated with problem alcoholic beverage outlets.

3. RECOMMENDED ACTION

3. Accept into the City’s revenue budget $75,000 in grant funds from the State of California, Department of Alcoholic Beverage Control into the General Fund (100) as follows:
100.4033.45495.30250 Alcoholic Beverage Control Grant FY25.

4. FISCAL IMPACT
There is no direct fiscal impact to the City. The additional revenue received from the State of California, Department of Alcoholic Beverage Control will fund the expense for this program.

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13 Item #: 3.2. 8/27/2024 File #: 24-0473

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

6. DISCUSSION AND BACKGROUND
The mission of the Department of Alcoholic Beverage Control (ABC) is to administer the provisions of the Alcoholic Beverage Control Act in a manner that fosters and protects the health, safety, welfare, and economic well-being of the people of the State. In furtherance of this mission, the Orange Police Department has received a $75,000 grant from ABC to develop an effective strategic approach to reducing crime and public nuisance problems associated with ABC establishments. The grant will also provide for the development and establishment of a multi-agency working group to assist in completing business inspections and enforcing state laws and local ordinances. The grant-funded objectives for Fiscal Year 2024-2025 (FY25) are as follows:
· Facilitate two, Licensee Education on Alcohol and Drugs (LEAD) trainings for business owners and staff to educate them on responsible alcohol services. · Conduct five, Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) operations to educate and reduce alcohol-related crime. · Conduct five Minor Decoy operations and three Shoulder Tap operations to eliminate the sale and distribution of alcohol to minors.
· Conduct four general enforcement operations to address ABC and city ordinance violations, and narcotic and gambling violations.
· Conduct four briefing trainings for patrol to educate officers on proper and effective enforcement techniques.

The training of law enforcement personnel, prevention, enforcement, and liaison with the ABC district office will develop an effective, comprehensive, and strategic approach to eliminating the crime and public nuisance problems associated with ABC establishments.

The allocation of Alcohol Policing Partnership grant funds will ensure adequate funding for overtime, training, and equipment costs during FY25.

7. ATTACHMENTS
· ABC Agreement No. 24-APP31
· Resolution No. 11571
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City Council
Item #: 3.2. 8/27/2024 File #: 24-0473
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Agreement with the State of California, Department of Alcoholic Beverage Control for the Alcohol Policing Partnership Grant for Fiscal Year 2024-2025. Resolution No. 11571.

3. RECOMMENDED ACTION

3. Accept into the City’s revenue budget $75,000 in grant funds from the State of California, Department of Alcoholic Beverage Control into the General Fund (100) as follows:
100.4033.45495.30250 Alcoholic Beverage Control Grant FY25.

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15 Item #: 3.2. 8/27/2024 File #: 24-0473

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

The allocation of Alcohol Policing Partnership grant funds will ensure adequate funding for overtime, training, and equipment costs during FY25.

7. ATTACHMENTS
· ABC Agreement No. 24-APP31
· Resolution No. 11571
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Agreement Number: 24-APP31
City of Orange through the Orange Police Department

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EXHIBIT A

SCOPE OF WORK

I. SCOPE OF WORK

• Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC), Alcohol Policing Partnership program. This program is intended to work with law enforcement agencies to develop an effective, comprehensive and strategic approach to eliminate the crime and public nuisance problems associated with problem alcoholic beverage outlets.

• Contractor agrees to implement ABC’s Minor Decoy, Shoulder Tap Programs and conduct Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections. These p rograms target both ABC licensed premises and individuals who furnish alcoholic beverages to the underage operators. The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee(s), enforcement intervention and the impressions of omnipresence of law enforcement. In addition, Contractor agrees to the following goals:

1. The operation period of the grant is July 1, 2024 through June 30, 2025.

2. Contractor agrees to raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys.

3. Minor Decoy operations are designed to educate and deter licensed locations from selling/furnishing alcohol to minors. Contractor agrees to conduct Minor Decoy Operations at both “On-Sale” and “Off-Sale” licensed establishments within the operation period of the grant.

4. Shoulder Tap operations are used to detect and deter adult furnishers outside of a licensed business. Contractor agrees to conduct Shoulder Tap Operations at “Off-Sale” licensed locations to apprehend adults that are unaffiliated with the licensed businesses and who are purchasing alcohol for minors outside of the stores within the operation period of the grant.

5. Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) primary goal is to educate licensee’s on alcohol related laws to help reduce alcohol -related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at “On-Sale” and “Off-Sale” licensed locations within the operation period of the grant.

II. GOALS AND OBJECTIVES

1. Conduct at least five (5) Minor Decoy operations.

2. Conduct at least three (3) Shoulder tap operations, including the Statewide Shoulder tap operation .

3. Conduct at least five (5) IMPACT operations.

18 Agreement Number: 24-APP31
City of Orange through the Orange Police Department

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4. Conduct at least four (4) Task Force/Undercover operations.

5. Facilitate at least four (4) TRACE/Roll Call trainings.

6. Facilitate at least two (2) LEAD trainings.

7. Provide at least four (4) press/social media releases on grant enforcement activities.

A. To announce the start of the program;
B. At the conclusion of each Minor Decoy Operation has been held (to announce the number of licensed premises who sold to the minor decoy) C. At the conclusion of each Shoulder Tap Operation has been held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy).

8. Contractor will fax (916) 419-2599 or email each press release to the Department’s Public Information Officer ([email protected]) as soon as it is released.

9. Contractor agrees in all press releases, in addition to any credits the agency wishes to give, will include the following statement: “This project is part of the Department of Alcoholic Beverage Control’s Alcohol Policing Partnership.”

Contractor agrees to complete and submit monthly reports, on a format designed and provided by the Department of Alcoholic Beverage Control due no later than 15 th of the following month.

III. PROJECT REPRESENTATIVES

The project representatives during the term of this agreement will be:

Orange Police Department
Christopher Lugo, Sergeant
1107 N. Batavia Street
Orange, CA 92867
(714) 744-7303
[email protected]
Department of Alcoholic Beverage Control
Brandon Shotwell, Supervising Agent in Charge
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 419-2329
[email protected]

Direct all fiscal inquiries to:

Orange Police Department
Hilda Montoya, Sr. Administrative Analyst
1107 N. Batavia Street
Orange, CA 92867
(714) 744-7522
[email protected]
Department of Alcoholic Beverage Control
Kristine Okino, Grant Coordinator
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
[email protected]
19 Agreement Number: 24-APP31
City of Orange through the Orange Police Department

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EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

I. INVOICING AND PAYMENT

• For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay a monthly payment of approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost) and/or allowable costs.

• Invoices shall clearly reference this contract number (24-APP31) and must not exceed the contract total authorized amount of $75,000.00. Invoices are to be submitted by the 15th of every month, on the prescribed form designed by the Department of Alcoholic Beverage Control .

Submit to: Department of Alcoholic Beverage Control
Attn: Kristine Okino, Grant Coordinator
3927 Lennane Drive
Sacramento, California 95834

• Payment shall be made in arrears within 30 days from the receipt of an undisputed invoice. Nothing contained herein shall prohibit advance payments as authorized by Item 2100- 101-3036, Budget Act, Statues of 2024.

• Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project, July 1, 2024 and on or before the project termination date , June 30, 2025.

• Revisions to the “Scope of Work” and the “Budget Detail” may be requested by a change request letter submitted by the Contractor. If approved, the revised Grant Scope of Work and/or Budget Detail supersedes and replaces the previous grant and will initiate an amendment. No revisions can exceed allotted amount as shown on the Budget Detail. The total amount of the grant must remain unchanged.

• Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor.

• Only the costs displayed in the Budget Detail are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the performance of this agreement are the sole responsibility of Contractor.

• Title shall be reserved to the State for any State- furnished or State-financed property authorized by the State which is not fully consumed in the performance of this agreement. Contractor is responsible for the care, maintenance, repair, and protection of any such property. Inventory records shall be maintained by Contractor and submitted to the State upon request. All such property shall be returned to the State upon the expiration of this grant unless the State otherwise directs.

• Prior approval by the State in writing is required for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made available for distribution.

Contractor is required to acknowledge the support of the State whenever publicizing the work under this grant in any media.

20 Agreement Number: 24-APP31
City of Orange through the Orange Police Department

Page 2 of 3 ends

II. BUDGET DETAIL

COST CATEGORY TOTAL COST
A. Personnel Services
Overtime
Sergeant ($162.00/hourly) $17,500.00
Detective ($109.00/hourly) $40,500.00
Investigator ($105.00/hourly) $10,000.00
Benefits – 1.56% $1,000.00
TOTAL Personnel $69,000.00
B. Operating Expenses (receipts required)
Buy Funds $500.00
TOTAL Operating $500.00
C. Equipment (receipts required, must be purchased by 12/31) Tablet computer $2,500.00
TOTAL Equipment $2,500.00
D. Travel Costs
Registration, lodging, per diem $3,000.00
TOTAL Travel $3,000.00
GRANT TOTAL $75,000.00
21 Agreement Number: 24-APP31
City of Orange through the Orange Police Department

Page 3 of 3 ends

III. BUDGET CONTINGENCY CLAUSE

• It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

• If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

IV. PROMPT PAYMENT CLAUSE

• Payment will be made in accordance with, and within the time specified in, Government Code Chapter

4.5, commencing with Section 927.

22 Agreement Number: 24-APP31
City of Orange through the Orange Police Department

Page 1 of 4 ends

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

23 Agreement Number: 24-APP31
City of Orange through the Orange Police Department

Page 2 of 4 ends

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractor s shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,§11105.)

Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

24 Agreement Number: 24-APP31
City of Orange through the Orange Police Department

Page 3 of 4 ends

a. The Government Code Chapter on Antitrust claims contains the following definitions:

1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.

2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.

b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.

Government Code Section 4552.

c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.

See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and

b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

25 Agreement Number: 24-APP31
City of Orange through the Orange Police Department

Page 4 of 4 ends

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub.

Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt.

Code § 14841.)

b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
26 Agreement Number: 24-APP31
City of Orange through the Orange Police Department

Page 1 of 1 ends

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State.

2. Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contract termination.

3. Contract Validity: This contract is valid and enforceable only if adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2024, for the purposes of this program.

4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at: https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services- Resources-List-Folder/Standard-Contract-Language

5. If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity and/or cancel the agreement.

27 RESOLUTION NO. 11571

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE ACCEPTING FUNDS
IN THE AMOUNT OF $75,000 FROM THE

STATE OF CALIFORNIA DEPARTMENT OF

ALCOHOLIC BEVERAGE CONTROL FOR

THE ALCOHOLIC POLICING PARTNERSHIP

GRANT, AND AUTHORIZING THE CHIEF OF

POLICE OR CITY MANAGER TO EXECUTE

THE GRANT PROGRAM AGREEMENT AND

RELATED DOCUMENTS

WHEREAS, the City of Orange (City) is interested in participating in the 2024/2025 Alcoholic Policing Partnership Grant (“the Grant Program ”), which is made available through the Grant Assistance Program (GAP) and administered by the Department of Alcoholic Beverage Control (hereafter referred to as ABC); and

WHEREAS, following the City’s submittal of Grant Program application to the State of California and ABC, the City was awarded $75,000 in Grant funds; and

WHEREAS, the City is familiar with and willing and able to comply with each of the terms, conditions and limitations imposed upon the City pursuant to the Grant in implementing education, prevention and enforcement of public nuisance problems associated with ABC establishments; and

WHEREAS, in order to be considered eligible to receive Grant Program funding, the City must adopt a Resolution accepting the award and execute the required documents in relation thereto.

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

1. The submission of the application for Grant Program funding on behalf of the City is hereby ratified and approved.

2. The City of Orange hereby accepts an award in the amount of $ 75,000 from the State of California and ABC for the Grant Program.

3. The City hereby agrees to comply with each and all of the terms, conditions and limitations imposed by the Grant Program.

4. The Chief of Police or City Manager is hereby authorized and directed, on behalf of the City, to execute any documents related to acceptance of Grant Program funding or 28 2
implementation of the Grant Program including, without limitation, agreements, amendments, extensions, and other documents.

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

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

ADOPTED this____ day of ____________________, 2024.

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
29 Agenda Item
City Council
Item #: 3.3. 8/27/2024 File #: 24-0482
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Agreement with DMC Document & Microfilm Conversion for scanning of building and planning documents.

2. SUMMARY
Agreement with DMC Document & Microfilm Conversion for $80,000 to provide scanning and indexing of building and planning documents through June 30, 2025.

3. RECOMMENDED ACTION
Approve the agreement with DMC Document & Microfilm Conversion in the amount of $80,000 for scanning and indexing of building and planning documents; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this agreement is $80,000 and will be funded through Building Records Management Fee (Fund 110):
110.6001.51670.00000 Other Professional & Consulting Services

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

6. DISCUSSION AND BACKGROUND
Since April 5, 2022, DMC Document & Microfilm Conversion (DMC) has been providing scanning services for the Building and Planning Divisions. As part of the service, DMC converts planning and building documents, including large scale maps and pictures, into high quality digital images and indexes the records into the City’s Laserfiche system, reducing the time for record retrieval, increasing accessibility, and transitioning to paperless records.

City departments have routinely stored hard copies of both active and historical records, at times precluding digital retrieval of the records. To improve document accessibility, Planning and Building documents stored on-site, including permits and plans, are sent to DMC for scanning and indexing into the City’srecords management system, Laserfiche. After digitization, DMC returns the physical files to provide staff an opportunity to review the quality of the scanned records and then log and City of Orange Printed on 8/22/2024Page 1 of 2
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30 Item #: 3.3. 8/27/2024 File #: 24-0482
place files in a permanent storage location, if required.

Staff recommends approving the Amendment to the Agreement with DMC for $80,000 to provide scanning services for the building and planning divisions through June 30, 2025.

7. ATTACHMENTS
· Agreement with DMC Document & Microfilm Conversion
· Attachment A - Scope of Services
City of Orange Printed on 8/22/2024Page 2 of 2
powered by Legistar™
31 Agenda Item
City Council
Item #: 3.3. 8/27/2024 File #: 24-0482
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Agreement with DMC Document & Microfilm Conversion for scanning of building and planning documents.

2. SUMMARY
Agreement with DMC Document & Microfilm Conversion for $80,000 to provide scanning and indexing of building and planning documents through June 30, 2025.

4. FISCAL IMPACT
The expense for this agreement is $80,000 and will be funded through Building Records Management Fee (Fund 110):
110.6001.51670.00000 Other Professional & Consulting Services

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

City departments have routinely stored hard copies of both active and historical records, at times precluding digital retrieval of the records. To improve document accessibility, Planning and Building documents stored on-site, including permits and plans, are sent to DMC for scanning and indexing into the City’srecords management system, Laserfiche. After digitization, DMC returns the physical files to provide staff an opportunity to review the quality of the scanned records and then log and City of Orange Printed on 8/22/2024Page 1 of 2
powered by Legistar™
32 Item #: 3.3. 8/27/2024 File #: 24-0482
place files in a permanent storage location, if required.

Staff recommends approving the Amendment to the Agreement with DMC for $80,000 to provide scanning services for the building and planning divisions through June 30, 2025.

7. ATTACHMENTS
· Agreement with DMC Document & Microfilm Conversion
· Attachment A - Scope of Services
City of Orange Printed on 8/22/2024Page 2 of 2
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33 PROFESSIONAL SERVICES AGREEMENT
[Document Solutions Services]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of ________________, 2024 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and DMC DOCUMENT & MICROFILM CONVERSION, an S Corporation (“Contractor”), who agree as follows:

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

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

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

2. Compensation and Fees.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed EIGHTY THOUSAND DOLLARS and 00/100 ($80,000.00) without the prior written authorization of City.

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

3. Payment.

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

34 2
b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.

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

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

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

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

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

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

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

8. Designated Persons. Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement. 35 3
It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.

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

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 or as otherwise agreed to by and between the representatives of the parties.

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

12. Reserved.

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

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

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

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 36 4
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.

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 o r off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.

b. To the fullest extent permitted by law, and as limited by California Civil Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liability 37 5
arising out of any claim, loss, injury to or death of persons or damage to property to the extent caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.

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

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

18. Insurance.

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

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

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

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

38 6
f. Contractor shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a minimum limit of One Million Dollars (1,000,000) per claim. Contractor agrees to keep such policy in force and effect for at least five (5) years from the date of completion of this Agreement.

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

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

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

i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in Califo rnia so long as such insurer pos sesses the aforementioned Best rating.

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

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

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

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

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

19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than five (5) days’ written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise. 39 7
Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

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

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

21. Compliance with all Laws/Immigration Laws.

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

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

c. Contractor represents and warrants that it:

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

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

(3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, 40 8
without limitation, the completion and maintenance of the Form I -9 for each of Contractor’s employees; and

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

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

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

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

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

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

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

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

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 41 9
address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e- mail shall be deemed received on the date of the e-mail transmission.

“CONTRACTOR” “CITY”

DMC Document & Microfilm Conversion City of Orange
1499 Pomona Road, Unit C&D 300 E. Chapman Avenue
Corona, CA 92882 Orange, CA 92866-1591
Attn.: Mike McCluskey Attn.: Jessica Herrera

Telephone: (951) 898-2800 Telephone: (714) 744-7270 E-Mail: [email protected] E-Mail: [email protected]

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

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

42 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.
*CONTRACTOR" "CITY"

DMC DOCUMENT & MICROFILM
COII/ERSION, an S Corporation
CITY OF ORANGE, a municipal corporation
By
Printed Daniel R. Slater, Mayor
ATTEST:

Printed N
Pamela Coleman, City Clerk
APPROVED AS TO FORM:

Mike Vigliotta, City Attorney
*UfE: 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.
'l)
l0
{**.
43 EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
44 1

Document Scanning Services
Updated Scope of Work

City of Orange
300 E. Chapman Ave
Orange, CA 92866
(714) 744-7270

Prepared By:

Mike McCluskey
(951)898-2800
[email protected]
45 2

Project Plan
Planning: Anticipate monthly pickup/return of City documents.

Building: Anticipate monthly pickup/ documents to be shredded City of Orange will provide appropriate Laserfiche templates for each department requiring scanning services. Completed work will be returned via a Laserfiche Briefcase or Volume if desired. A Laserfiche ready import can be provided.

In an effort to keep all data entry consistent with what is in City permit system, a data dump from the City’s permit software (ex: Accela) is helpful. We typically receive an Excel files on a monthly basis with the updated permit data. This data is used to populate the required data entry fields, typically matched via permit #.

Any department not utilizing data from the permit data will have a detailed data entry schedule established and approved by City department staff.

Emergency Access to Documents
It is our policy to provide any client 24hr access response to a document request. Digital response is generally faster, hard copy (actual file(s)) could be 24hr turn time.

Walkthrough notes.

Planning files: Planning files are boxed, large format documents are folded within folders. Documents will need to be returned to original boxes after scanning for return to client. Anticipating high volume of color scans small format and large.

Building files: Building files are flat folded, majority are large format with minimal small format. Building files identified by City staff as commercial tenant improvement and new construction drawings will be returned to the City, only residence type projects will not be returned to City but held for min 30 days and shredded.

46 3

Price Schedule – There are no changes to price schedule at this time Planning Files Cost
Document Prep: includes pre and post prep of files in manner received.

Documents will be returned to their original boxes but not in folders. Documents will maintain the order as found in the box. (est. 2- 5 hrs per box) $23.50/hr
Business Size Documents @ 300dpi; Includes document sizes up to 11x17, B/W, Grayscale, Color
$0.12
Engineering/Large Format Size Documents (includes Mylar) @ 300dpi; Includes document sizes larger than 11”x17” up to “E” size, B/W, Grayscale, Color. $1.10
Data Entry, manual, additional fields required after 2 included $0.25 / field Building Files Cost
Document Prep: includes pre prep, no post prep required, docs to be shredded. (est. 250 dwgs/hr)
$23.50/hr
Business Size Documents @ 300dpi; Includes document sizes up to 11x17, B/W, Grayscale, Color
$0.12
Engineering/Large Format Size Documents (includes Mylar) @ 300dpi; Includes document sizes larger than 11”x17” up to “E” size, B/W, Grayscale, Color. $1.10
Data Entry, additional fields required after 2 included $0.25 / field

Professional Services – Custom programming, template setup, other no scope technical services. (est. 3-5 hrs for initial setup)
$95.00/hr
Laserfiche Data formatting, LF Briefcase or Volume N/C
Pickup/Delivery – Assumption will be monthly pickup.

Additional pickup/delivery requests
N/C
$185.00
Microfilm/Microfiche Scanning – If needed TBD

This response to The City of Orange for Document Scanning Services has been prepared by:

X:______________________________
Mike McCluskey
President
DMC – Document & Microfilm Conversion
1499 Pomona Road
Unit C & D
Corona, CA 92882
T: (951)898-2800
E: [email protected]
47 Agenda Item
City Council
Item #: 3.4. 8/27/2024 File #: 24-0486
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
First Amendment to Cooperative Agreement with City of Villa Park for East Cerro Villa Drive Improvement Project.

2. SUMMARY
The City of Villa Park and City of Orange have prepared the First Amendment to Cooperative Agreement that details each city’s updated financial responsibility for the East Cerro Villa Drive Improvement project.

3. RECOMMENDED ACTION
Approve the First Amendment to Cooperative Agreement with the City of Villa Park establishing the revised amount of $157,110 for the East Cerro Villa Drive Improvement Project; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this First Amendment to Cooperative Agreement is $157,110 and will be funded through Measure M2:
263.5011.56330.13120 Pavement Management Program

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

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

6. DISCUSSION AND BACKGROUND
On April 11, 2023, the City Council approved the Cooperative Agreement with the City of Villa Park for funding and construction of the East Cerro Villa Drive Improvement Project from Valley Drive to Rama Street. It was agreed that the City of Villa Park will cover approximately 84% of the project cost, with the remaining 16% to be paid by the City of Orange. The original total cost for the City of Orange was estimated at $100,000.

On July 31, 2024, the City of Villa Park received the actual bids which came in higher than originally estimated. The lowest bidder was R.J. Noble Company, at a total bid of $511,703. Therefore, the City of Orange Printed on 8/22/2024Page 1 of 2
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48 Item #: 3.4. 8/27/2024 File #: 24-0486
estimated. The lowest bidder was R.J. Noble Company, at a total bid of $511,703. Therefore, the revised cost share for the City of Orange is $157,110. Staff is recommending that the City Council approves the First Amendment to Cooperative Agreement with the City of Villa Park.

The East Cerro Villa Drive Improvement Project is designed to upgrade the pavement on East Cerro Villa Drive from Valley Drive to Rama Street. East Cerro Villa Drive is an existing two-lane principal major collector street located on the border of the City of Orange and City of Villa Park, laying partially in Orange and partially in Villa Park. Project improvements include grinding the existing asphalt concrete pavement and repaving the street with rubberized asphalt, adjusting surface utility covers, traffic striping, curb and gutter, and ADA ramps.

7. ATTACHMENTS
· First Amendment to Cooperative Agreement with City of Villa Park City of Orange Printed on 8/22/2024Page 2 of 2
powered by Legistar™
49 Agenda Item
City Council
Item #: 3.4. 8/27/2024 File #: 24-0486
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
First Amendment to Cooperative Agreement with City of Villa Park for East Cerro Villa Drive Improvement Project.

4. FISCAL IMPACT
The total expenditure for this First Amendment to Cooperative Agreement is $157,110 and will be funded through Measure M2:
263.5011.56330.13120 Pavement Management Program

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

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

On July 31, 2024, the City of Villa Park received the actual bids which came in higher than originally estimated. The lowest bidder was R.J. Noble Company, at a total bid of $511,703. Therefore, the City of Orange Printed on 8/22/2024Page 1 of 2
powered by Legistar™
50 Item #: 3.4. 8/27/2024 File #: 24-0486
estimated. The lowest bidder was R.J. Noble Company, at a total bid of $511,703. Therefore, the revised cost share for the City of Orange is $157,110. Staff is recommending that the City Council approves the First Amendment to Cooperative Agreement with the City of Villa Park.

7. ATTACHMENTS
· First Amendment to Cooperative Agreement with City of Villa Park City of Orange Printed on 8/22/2024Page 2 of 2
powered by Legistar™
51 FIRST AMENDMENT TO

COOPERATIVE AGREEMENT BETWEEN CITY OF VILLA PARK

AND CITY OF ORANGE FOR FUNDING AND CONSTRUCTION OF

THE EAST CERRO VILLA DRIVE IMPROVEMENT PROJECT

FROM VALLEY DRIVE TO RAMA STREET

This FIRST AMENDMENT to COOPERATIVE AGREEMENT BETWEEN CITY OF

VILLA PARK AND CITY OF ORANGE FOR FUNDING AND CONSTRUCTION OF

THE EAST CERRO VILLA DRIVE IMPROVEMENT PROJECT FROM VALLEY DRIVE TO RAMA STREET (“Cooperative Agreement”) is made so as to be effective as of the ______ day of _____________ 2024, by and between the CITY OF VILLA PARK, a municipal corporation (" VILLA PARK ") and CITY OF ORANGE , a municipal corporation ("ORANGE"), collectively the "Parties."
WHEREAS, the Parties have previously entered into the aforementioned Cooperative Agreement effective April 11, 2023; and
WHEREAS, upon receiving actual bids on July 31, 2024, the lowest responsive and responsible bidder was R.J. Noble Company, at the total bid of $511,702.70; and WHEREAS, as previously agreed upon , with a percentage of cost share of 16% , ORANGE’S cost share is $157,110; and
WHEREAS, VILLA PARK and ORANGE desire to enter into this First Amendment to the Cooperative Agreement pertaining to the addition of a new Paragraph 1 .3.1 and replacing Exhibit “B” with the attached Amended Exhibit “B”.

NOW, THEREFORE, VILLA PARK and ORANGE, in consideration of the mutual covenants and agreements herein contained, agree as follows:

1. Add following Paragraph 1.3.1 below Paragraph 1.3 of the Agreement:

1.3.1. Based on the lowest responsive and responsible bidder’s cost proposal (as shown on attached Amended Exhibit “B”), the total costs to Orange is One Hundred Fifty Seven Thousand and One Hundred Ten Dollars ($ 157,110).

2. Exhibit “B” of Agreement is replaced by attached Amended Exhibit "B”, actual lowest bid cost proposal, by R. J. Noble Company.

3. The Parties hereby agree that this First Amendment shall be incorporated into the Agreement as set forth in full therein. All other provisions of the Agreement not amended by the First Amendment shall remain in full force and effect and are unchanged by this First Amendment. 52 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first above written.

Date: ____________________

CITY OF VILLA PARK
a municipal corporation

By:___________________________
Vince Rossini, Mayor

Attest:

______________________________
Steve Franks, City Clerk

Approved As to Form:

_________________________________
Todd Litfin, City Attorney

Attachment: Amended Exhibit “B”

CITY OF ORANGE
a municipal corporation

By:___________________________
Daniel R. Slater, Mayor

Attest:

______________________________
Pamela Coleman, City Clerk

Approved As to Form:

Mike Vigliotta, City Attorney

By:____________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney

√

53 Amended Exhibit "B"
Cost Sharing Amount:

City of Villa Park/City of Orange
(Beneath this Sheet)
54 CITY OF VILLA PARK

EAST CERRO VILLA DRIVE REHABILITATION PROJECT
ITEM Villa Park Orange
NO. Unit Price Item Cost 84% 16%
1 Mobilization 1 LS $0.00 $0.00 $0.00
2 Traffic & Pedestrian Control,
Construction Phasing, Public
Convenience & Safety
1 LS $90,450.00 $90,450.00 $90,450.00 $75,978.00 $14,472.00 3 Furnish, Install, Maintain and
Remove Portable Changeable
Message Signs (PCMS)*
2 EA $1,250.00 $2,500.00 $2,500.00 $2,100.00 $400.00
4 Project Identification Signs* 2 EA $1,050.00 $2,100.00 $2,100.00 $1,764.00 $336.00 5 Construction Survey & Staking,
Including Monument Recovery and
setting Pre-construction ties per
County of Orange Requirements
1 LS $9,500.00 $9,500.00 $9,500.00 $7,980.00 $1,520.00
6 Post Construction Set New
Centerline Monument & Ties
(Including Missing Monuments)
per City and County of Orange
Requirements, and File Corner
Records
17 EA $787.00 $13,379.00 $13,379.00 $11,238.36 $2,140.64 7 Storm Water Pollution Prevention
Plan & Implementation 1 LS $3,150.00 $3,150.00 $3,150.00 $2,646.00 $504.00 8 Furnish Record Drawings 1 LS $525.00 $525.00 $525.00 $441.00 $84.00 9 Unclassified Excavation 16 CY $64.50 $1,032.00 $1,032.00 $866.88 $165.12 10 Cold Mill Existing Pavement 1.5”
per Typical Sections & Details on
Sheet 2 of Plans
12,630 SY $1.99 $25,133.70 $25,133.70 $21,112.31 $4,021.39 RJ Noble ITEM COST
(Subtotal)DESCRIPTION QUANTITY UNIT
Cerro Villa Bid Line Item - RJ Noble-City of Orange 7-31-2024.xlsx 1 OF 4 55

CITY OF VILLA PARK

EAST CERRO VILLA DRIVE REHABILITATION PROJECT
Probable Construction CostsITEM Villa Park Orange
NO. Unit Price Item Cost 84% 16%
RJ Noble ITEM COST
(Subtotal)DESCRIPTION QUANTITY UNIT
11 Asphalt Rubber Hot Mix (ARHM-
GG-C PG 64-16) 1,101 TON $139.00 $153,039.00 $153,039.00 $128,552.76 $24,486.24 12 Dense Graded Asphalt Concrete
(DGAC) Base Course Pavement
Type B PG 70-10 (10% Max. RAP)
34 TON $172.00 $5,848.00 $5,848.00 $4,912.32 $935.68
13 Asphalt Concrete (AC) Level
Course Pavement Type C2 PG 70-
10 (10% Max. RAP)
352 TON $183.00 $64,416.00 $64,416.00 $54,109.44 $10,306.56 14 Adjust Water Valve Can and
Cover to Grade per City of Orange
Water Std. Dwg. No. OWD-101
13 EA $1,100.00 $14,300.00 $14,300.00 $6,600.00 $7,700.00 7 valves in Orange
15 Adjust Storm Drain Manhole
Frame and Cover to Grade in AC
Pavement per SPPWC Std. Plan
No. 205-3
5 EA $1,000.00 $5,000.00 $5,000.00 $4,200.00 $800.00
16 Adjust Sewer Manhole Frame and
Cover to Grade in AC Pavement
per SPPWC Std. Plan No. 205-3
7 EA $1,000.00 $7,000.00 $7,000.00 $5,880.00 $1,120.00
Cerro Villa Bid Line Item - RJ Noble-City of Orange 7-31-2024.xlsx 2 OF 4 56

CITY OF VILLA PARK

EAST CERRO VILLA DRIVE REHABILITATION PROJECT
Probable Construction CostsITEM Villa Park Orange
NO. Unit Price Item Cost 84% 16%
RJ Noble ITEM COST
(Subtotal)DESCRIPTION QUANTITY UNIT
17 Sawcut & Remove Ex. From BCR
to ECR and Construct P.C.C. Curb
Ramp per City of Orange Std. Plan
No. 121, Type 2 with Retaining
Curb (As Needed), with Transition
Sidewalk per Detail C on Sheet 2
& Detectable Warning Devices per
Federal & State ADA Guidelines
4 EA $9,400.00 $37,600.00 $37,600.00 $0.00 $37,600.00
City of
Orange
100%
18 Sawcut & Remove Ex. and
Construct New 4” P.C.C. Sidewalk
per SPPWC Std. Plan No. 112-2
100 SF $19.00 $1,900.00 $1,900.00 $1,596.00 $304.00
19 Sawcut & Remove Ex. and
Construct New P.C.C. Curb &
Gutter per SPPWC Std. Plan No.
120-3 Type A2-8 over 6” CMB
(Modified to Variable Curb Face)
100 LF $105.00 $10,500.00 $10,500.00 $8,820.00 $1,680.00 20 Sawcut & Remove Ex. and
Construct New PCC Curb & Gutter
per SPPWC Std. Plan No. 120-3,
Type A2-8(200) (W=1') Over 6"
C.M.B. (Modified per Plans
Variable curb Face)
100 LF $105.00 $10,500.00 $10,500.00 $8,820.00 $1,680.00 21 Sawcut & Remove Ex. and
Construct Slot Paving per Detail
“A” on Sheet 2 of Plans
400 SF $24.00 $9,600.00 $9,600.00 $8,064.00 $1,536.00
Cerro Villa Bid Line Item - RJ Noble-City of Orange 8-5-2024.xlsx 3 OF 4 JUNE 13, 202457

CITY OF VILLA PARK

EAST CERRO VILLA DRIVE REHABILITATION PROJECT
Probable Construction CostsITEM Villa Park Orange
NO. Unit Price Item Cost 84% 16%
RJ Noble ITEM COST
(Subtotal)DESCRIPTION QUANTITY UNIT
22 Sawcut & Remove Ex. and
Construct P.C.C. Cross Gutter per
SPPWC Std. Plan No. 122-3
500 SF $31.50 $15,750.00 $15,750.00 $13,230.00 $2,520.00 23 Traffic Signing, Thermoplastic
Striping, Curb Painting, Markings
& Raised Pavement Markers
1 LS $14,140.00 $14,140.00 $14,140.00 $11,877.60 $2,262.40 24 Over-excavation* 50 CY $218.00 $10,900.00 $10,900.00 $9,156.00 $1,744.00 25 Crushed Miscellaneous Base(Over-
excavation)* 80 TON $43.00 $3,440.00 $3,440.00 $2,889.60 $550.40 SUB-TOTAL 511,702.70 $511,702.70 $392,834.27 $118,868.43 Contingencies 10% $51,170.27 $39,283.43 $11,886.84
GRAND-TOTAL $562,872.97 $432,117.69 $130,755.28 0.2323
DESIGN $29,020.00 $22,278.66 $6,741.34
CONSTRUCTION MANAGEMENT & INSPECTION 15% $84,430.95 $64,817.66 $19,613.29 TOTAL PROJECT COST $676,323.92 $519,214.01 $157,109.91
Cerro Villa Bid Line Item - RJ Noble-City of Orange 7-31-2024.xlsx 4 OF 4 58 Agenda Item
City Council
Item #: 3.5. 8/27/2024 File #: 24-0496
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
First Amendment to Agreement with Municipal Water District of Orange County for the Lead and Copper Rule Service Line Inventories.

2. SUMMARY
In February 2024, the City entered into a cost sharing agreement with the Municipal Water District of Orange County for the Lead Service Line Inventory. Additional work is needed to complete the project and the cost for these services is $37,852.

3. RECOMMENDED ACTION
Approve the First Amendment with Municipal Water District of Orange County in the amount of $37,852 for additional records inspection and data analysis bringing the total contract to $149,608; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this amendment is $37,852 and will be funded through Water Fund (600):
600.8011.53420.00000 Purchase Water For Resale

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

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

6. DISCUSSION AND BACKGROUND
On January 15, 2021, the United States Environmental Protection Agency (US EPA) published revisions to the Lead and Copper Rule known as the Lead Copper Rule Revisions (LCRR). Under the LCRR, all community water systems are required to conduct a comprehensive inventory of both publicly owned and privately owned service line materials regardless of ownership. In addition to completing the inventory, water suppliers are also tasked with submitting the initial Service Line Inventories (SLIs) to the California Department of Drinking Water (DDW) and making the report available to the public by October 16, 2024.

Based on the successful history of collaboration and cost sharing programs, the Municipal Water City of Orange Printed on 8/22/2024Page 1 of 2
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59 Item #: 3.5. 8/27/2024 File #: 24-0496
Based on the successful history of collaboration and cost sharing programs, the Municipal Water District of Orange County (MWDOC) and local water utilities have jointly prepared and agreed to an agreement with Hazen and Sawyer. The joint effort helps to increase cost effectiveness for participating agencies through economies of scale and reduces preparation time.

Through this program, Hazen and Sawyer will help the City with reviewing collected data, developing a SLI database, managing customer communications, implementing private property owner self- verification, and submitting SLI to DDW. Additional assistance is needed from Hazen and Sawyer for data collection, data analysis, and records inspection. The cost for this additional service is $37,852 bringing the total cost of the project to $149,608.

7. ATTACHMENTS
· First Amendment to Agreement with Municipal Water District of Orange County · Change of Scope and Fee
City of Orange Printed on 8/22/2024Page 2 of 2
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60 Agenda Item
City Council
Item #: 3.5. 8/27/2024 File #: 24-0496
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
First Amendment to Agreement with Municipal Water District of Orange County for the Lead and Copper Rule Service Line Inventories.

4. FISCAL IMPACT
The expense for this amendment is $37,852 and will be funded through Water Fund (600):
600.8011.53420.00000 Purchase Water For Resale

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

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

Based on the successful history of collaboration and cost sharing programs, the Municipal Water City of Orange Printed on 8/22/2024Page 1 of 2
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61 Item #: 3.5. 8/27/2024 File #: 24-0496
Based on the successful history of collaboration and cost sharing programs, the Municipal Water District of Orange County (MWDOC) and local water utilities have jointly prepared and agreed to an agreement with Hazen and Sawyer. The joint effort helps to increase cost effectiveness for participating agencies through economies of scale and reduces preparation time.

AMENDMENT NO. 1
to

AGREEMENT FOR SHARING CONSULTANT COSTS FOR COMPLETION OF

INITIAL LEAD AND COPPER RULE REVISIONS LEAD SERVICE LINE

INVENTORY
This Amendment No. 1 (“Amendment”) to the Agreemen t for Sharing Consultant Costs for Completion of Initial Lead and Copper Rule Revisions Lead Service Line Inventory (“ Cost Sharing Agreement”) is made and entered into as of ____________ by and between the City of Orange (“Participating Agency”) and the Municipal Water District of Orange County (“MWDOC”). The Participating Agency and MWDOC are collectively referred to as “Parties.” SECTION 1 – PURPOSE
T
he Parties entered into the Cost Sharing Agreement to coordinate the preparation of the Initial Service Line Inventories, pursuant to the United States Environmental Protection Agency’s Lead Copper Rule Revisions, among multiple participating agencies, facilitated by MWDOC, to obtain economies of scale and thereby reduce preparation time and costs for each Participating Agency.

T
he purpose of this A mendment is to amend the Cost Sharing Agreement to reflect negotiated changes to Exhibits “B” and “C”: the Participating Agency Task Selections and Costs (“Amended Exhibit “B”) and List of Participating Agencies (Amended Exhibit “C”).

S
ECTION 2 – AMENDED EXHIBIT “B”– PARTICIPATING AGENCY TASK

SELECTIONS AND COSTS
E
xhibit “B” - Participating Agency Task Selections and Costs , revised August 7, 2024 is attached hereto as “ Amended Exhibit ‘B’”. By signing this Amendment, Participating Agency agrees to the changes reflected in Amended Exhibit “B” and acknowledges the revised change order.

S
ECTION 3 – AMENDED EXHIBIT “C” - LIST OF PARTICIPATING AGENCIES E xhibit “C ” - List of Participating Agencies, revised March 28, 2024, is attached hereto as “Amended Exhibit ‘C’”.

IN WITNESS WHEREOF, the Parties have hereunto affixed their names as of the day and year thereinafter written, which shall be and is the effective date of this Amendment. 63 55401.00000\42202088.1

Page 2 of 2 ends

Execution of Amendment by the Parties
MWDOC
Date: __________________________________
By:__________________________________
Harvey De La Torre, General Manager
Municipal Water District of Orange County

Approved as to Form:

Date:__________________________________
By: __________________________________
Joseph P. Byrne, Partner
Best Best & Krieger LLP
City of Orange
Date: __________________________________
By:__________________________________
Daniel R. Slater, Mayor

Approved as to Form:

Attest:

Date:__________________________________
By: __________________________________
Pamela Coleman, City Clerk
Date: __________________________________
By:__________________________________
Mike Vigliotta, City Attorney

64 Lead and Copper Rule Revisions Service Line Inventories Orange City of Orange
08/07/2024 AMENDED Selection Cost by Task Cost Savings Total Task 1 Low 26,830.00$ 10,732.00$ 16,098.00$
Task 2 Low 13,950.00$ 2,790.00$ 11,160.00$
28,240.00$
Task 3 Medium 36,510.00$ 7,302.00$ 29,208.00$
Task 4 Low $ 16,640 $ 4,
160 $ 12,480
Task 5 Low $ 5, 800 $ - $ 5, 800
Task 6 Low $ 6, 480 $ 648 $ 5, 832
Task 7 Medium 11,440$ $ - 11,440$
Task 8 Medium 38,980$ $ - 38,980$
$ - $ - $ -
Task 10B Low $ 24,480 $ - $ 24,480 $ - $ - $ -
Task 12 Low 4,870$ $ - 4,870$
175,240$ 25,632$ 149,608$
Original Total $ 111,756
Difference $ 37,852
Amended Exhibit B – Participating Agency Task Selections and Costs Task 3: Develop Lead Service Line Inventory Database and Initial Inventory Task 4: Add Scope: Develop Approach for Alternative Material Verification Methods and Submit to DDW for Approval Task 5: Add Scope: Apply Division of DDW Approved Alternative Verification Methods Task 6: Add Scope: Assistance with Data Analysis
Project Name:

Agency:

Date:

Task 1: Project Administration and Progress Reporting
Task 2: Assistance with Data Gathering, Records Review, and Historical Code Review (20 Non-Digitized Records) Task 2: Added Scope: 1
,600 Additional Non-Digited Records (see Labor Cost Breakdown) Task 11: Provide Field Inspection Personnel to Assist with Physical Visual Verifications (Hourly Rate) Task 12: Population of DDW Inventory Template and SLI Submission Total
Task 7: Customer Communications
Task 8: Deleted Scope: Develop and Implement Private Property Owner Self-Verification Task 9: Develop LSL Replacement Plan
Task 10B: Add Scope: Manage (Field) Inspections/ Test Pitting/ Meter Inspections 65 Amended Exhibit C
List of Participating Agencies1
MWDOC Choice Shared Services Program for Lead and Copper Rule Revision Service Line Inventory Development
Revised March 28, 2024

Agency
1 Anaheim, City
2 El Toro Water District
3 Fountain Valley, City
4 Fullerton, City
5 Garden Grove, City
6 La Habra, City
7 La Palma, City
8 Orange, City
9 San Clemente, City
10 South Coast Water District
11 Trabuco Canyon Water District
12 Westminster, City
13 Yorba Linda Water District

1 The list of PARTICIPATING AGENCIES is subject to modification by addendum executed by the PARTIES. 66 MUNICIPAL WATER DISTRICT OF ORANGE COUNTY
Street Address:
18700 Ward Street
Fountain Valley, California 92708

Mailing Address:

P.O. Box 20895
Fountain Valley, CA 92728-0895

(714) 963-3058
Fax: (714) 964-9389
www.mwdoc.com

Bob McVicker, P.E., D.WRE
President

Jeffery M. Thomas
Vice President

Randall Crane, Ph.D.

Director

Larry D. Dick
Director

Al Nederhood
Director

Karl W. Seckel, P.E.

Director

Megan Yoo Schneider, P.E.

Director

Harvey F. De La Torre
General Manager

MEMBER AGENCIES

City of Brea
City of Buena Park
East Orange County Water District
El Toro Water District
Emerald Bay Service District
City of Fountain Valley
City of Garden Grove
Golden State Water Co.

City of Huntington Beach
Irvine Ranch Water District
Laguna Beach County Water District
City of La Habra
City of La Palma
Mesa Water District
Moulton Niguel Water District
City of Newport Beach
City of Orange
Orange County Water District
City of San Clemente
Santa Margarita Water District
City of Seal Beach
Serrano Water District
South Coast Water District
Trabuco Canyon Water District
City of Tustin
City of Westminster
Yorba Linda Water District

August 7, 2024

Jose Diaz
Water Manager
189 S. Water St.

Orange, CA 92866

SUBJECT: Changes to the Consultant Scope of Work and Fee for the Lead and Copper Rule Revisions (LCRR) Service Line Inventories Project for City of Orange #2

Dear Mr. Diaz,

This letter serves to acknowledge the changes to the Consultant Scope of Work and Fee provided to the City of Orange (City) under the Cost Sharing Agreement for Completion of Initial Lead and Copper Rule Revisions Lead Service Line Inventory between the Municipal Water District of Orange County (MWDOC) and the City. The changes include an addition of the following tasks to the scope of work:
• Task 4 (Low): Develop Approach for Alternative Material Verification Methods and Submit to DDW for Approval ($12,480)
• Task 5 (Low): Apply Division of DDW Approved Alternative Verification Methods ($5,800)
• Task 6 (Low): Assistance with Data Analysis ($5,832)
• Task 10B (Low): Manage (Field) Inspections/ Test Pitting/ Meter Inspections ($24,480)

The total increase under the four tasks is $48,592, with a total project value of $149,608 (representing a net increase of $37,852 from the first set of changes agreed upon on May 3, 2024). See the attached cost table.

Please provide your signature below to acknowledge the changes as stated.

Sincerely,

Harvey De La Torre
General Manager
Municipal Water District of Orange County

ACCEPTANCE:

________________________________
Jose Diaz
Water Manager
City of Orange

67 Lead and Copper Rule Revisions Service Line Inventories Orange City of Orange
08/07/2024 AMENDED Selection Cost by Task Cost Savings Total Task 1 Low 26,830.00$ 10,732.00$ 16,098.00$
Task 2 Low 13,950.00$ 2,790.00$ 11,160.00$
28,240.00$
Task 3 Medium 36,510.00$ 7,302.00$ 29,208.00$
Task 4 Low $ 16,640 $ 4,160 $ 12,480 Task 5 Low $ 5,800 $ - $ 5,800 Task 6 Low $ 6,480 $ 648 $ 5,832 Task 7 Medium 11,440$ $ - 11,440$
Task 8 Medium 38,980$ $ - 38,980$
$ - $ - $ - Task 10B Low $ 24,480 $ - $ 24,480 $ - $ - $ - Task 12 Low 4,870$ $ - 4,870$
175,240$ 25,632$ 149,608$
Original Total $ 111,756
Difference $ 37,852
Amended Exhibit B – Participating Agency Task Selections and Costs Task 3: Develop Lead Service Line Inventory Database and Initial Inventory Task 4: Add Scope: Develop Approach for Alternative Material Verification Methods and Submit to DDW for Approval Task 5: Add Scope: Apply Division of DDW Approved Alternative Verification Methods Task 6: Add Scope: Assistance with Data Analysis
Project Name:

Agency:

Date:

Task 1: Project Administration and Progress Reporting
Task 2: Assistance with Data Gathering, Records Review, and Historical Code Review (20 Non-Digitized Records) Task 2: Added Scope: 1
,600 Additional Non-Digited Records (see Labor Cost Breakdown) Task 11: Provide Field Inspection Personnel to Assist with Physical Visual Verifications (Hourly Rate) Task 12: Population of DDW Inventory Template and SLI Submission Total
Task 7: Customer Communications
Task 8: Deleted Scope: Develop and Implement Private Property Owner Self-Verification Task 9: Develop LSL Replacement Plan
Task 10B: Add Scope: Manage (Field) Inspections/ Test Pitting/ Meter Inspections 68 Agenda Item
City Council
Item #: 3.6. 8/27/2024 File #: 24-0481
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Fourth Amendment to Agreement with Tetra Tech, Inc. for additional construction support services for Well 28 Equipping and Public Pocket Park Project.

2. SUMMARY
Construction management and technical support are needed for the construction of Well 28 Equipping and Public Pocket Park Project. The additional cost proposed by Tetra Tech, Inc. for these services is $58,150.

3. RECOMMENDED ACTION
Approve the Fourth Amendment with Tetra Tech, Inc. in the amount of $58,150 for additional construction management and technical support bringing the total contract to $996,350; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this amendment is $58,150 and will be funded through Water Fund (600):
600.8011.56411.18120 Well 28 Construction

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

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

6. DISCUSSION AND BACKGROUND
In late 2019, the City selected Tetra Tech, Inc. to design and provide construction support services for the Well 28 and Public Pocket Park Project. Phase 1 of the Project, which includes the drilling of the well, was completed in 2022. Phase 2, which includes the equipping of the well and construction of the Public Pocket Park Project, is currently under construction and is scheduled to be completed in April 2025. The allocated budget for shop drawing reviews, responding to request for information (RFI), and landscape and architectural support has been exhausted while there are additional submittals and RFIs that still need to be reviewed and responded to. These submittals are highly technical and require support from the design team to ensure the project is constructed per the City of Orange Printed on 8/22/2024Page 1 of 2
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69 Item #: 3.6. 8/27/2024 File #: 24-0481
technical and require support from the design team to ensure the project is constructed per the approved plans and specifications. At staff’s request, Tetra Tech, Inc. provided a proposal for additional construction support in the amount of $58,150, bringing the total design cost of the project to $996,350.

7. ATTACHMENTS
· Fourth Amendment to Agreement with Tetra Tech, Inc.

City of Orange Printed on 8/22/2024Page 2 of 2
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70 Agenda Item
City Council
Item #: 3.6. 8/27/2024 File #: 24-0481
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Fourth Amendment to Agreement with Tetra Tech, Inc. for additional construction support services for Well 28 Equipping and Public Pocket Park Project.

4. FISCAL IMPACT
The expense for this amendment is $58,150 and will be funded through Water Fund (600):
600.8011.56411.18120 Well 28 Construction

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

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

6. DISCUSSION AND BACKGROUND
In late 2019, the City selected Tetra Tech, Inc. to design and provide construction support services for the Well 28 and Public Pocket Park Project. Phase 1 of the Project, which includes the drilling of the well, was completed in 2022. Phase 2, which includes the equipping of the well and construction of the Public Pocket Park Project, is currently under construction and is scheduled to be completed in April 2025. The allocated budget for shop drawing reviews, responding to request for information (RFI), and landscape and architectural support has been exhausted while there are additional submittals and RFIs that still need to be reviewed and responded to. These submittals are highly technical and require support from the design team to ensure the project is constructed per the City of Orange Printed on 8/22/2024Page 1 of 2
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71 Item #: 3.6. 8/27/2024 File #: 24-0481
technical and require support from the design team to ensure the project is constructed per the approved plans and specifications. At staff’s request, Tetra Tech, Inc. provided a proposal for additional construction support in the amount of $58,150, bringing the total design cost of the project to $996,350.

7. ATTACHMENTS
· Fourth Amendment to Agreement with Tetra Tech, Inc.

City of Orange Printed on 8/22/2024Page 2 of 2
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72 73
74 75
76 77
78 79
80 81
Agenda Item
City Council
Item #: 3.7. 8/27/2024 File #: 24-0467
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Amy Harpster, Interim Library Services Director

1. SUBJECT
Appropriation of $48,335 in designated disbursement and donation funding received from Santiago Library System and Friends of Orange Public Library.

2. SUMMARY
Disbursement and donation funds from Santiago Library System and Friends of Orange Public Library will be used to enhance and expand the Library’s collections, programming, and resources.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $48,335 in disbursement and donation funds from Santiago Library System and Friends of Orange Public Library to General Fund (100) as follows:
100.2001.48390.19988 Santiago Lib. Sys. $7,335
100.2001.48390.19990 Donations $41,000

4. FISCAL IMPACT
There is no direct fiscal impact to the City. The additional revenue received from Santiago Library System and Friends of Orange Public Library will fund the expense for these services.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community e: Develop and strengthen collaborative partnerships to enhance and promote quality of life programs, projects, and services.

6. DISCUSSION AND BACKGROUND
The Orange Public Library has been presented with a $7,335 disbursement from Santiago Library City of Orange Printed on 8/22/2024Page 1 of 2
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82 Item #: 3.7. 8/27/2024 File #: 24-0467
The Orange Public Library has been presented with a $7,335 disbursement from Santiago Library System (SLS). SLS is a membership consortium of Orange County libraries that receives money from the State and disburses annually to member libraries. This disbursement to the Library has been provided for e-content products and services. Funds will purchase additional eBooks and eAudiobooks from cloudLibrary to expand the Library’s collection.

The Friends of Orange Public Library (Friends) are donating $41,000 to meet various Library needs, including:
· $6,000 to provide digital resources for the public.
· $27,500 to purchase books and audio-visual materials for all ages for the three Library locations.
· $5,000 for programs for all ages for the three Library locations. · $2,500 for the Library’s Employee Appreciation Program.

The Orange Public Library will publicize the Friends’contributions in a variety of ways, including bookplates and plaques where appropriate, and credit for programming support on the Library’s website, flyers, and social media.

7. ATTACHMENTS
· None
City of Orange Printed on 8/22/2024Page 2 of 2
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83 Agenda Item
City Council
Item #: 3.7. 8/27/2024 File #: 24-0467
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Amy Harpster, Interim Library Services Director

1. SUBJECT
Appropriation of $48,335 in designated disbursement and donation funding received from Santiago Library System and Friends of Orange Public Library.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $48,335 in disbursement and donation funds from Santiago Library System and Friends of Orange Public Library to General Fund (100) as follows:
100.2001.48390.19988 Santiago Lib. Sys. $7,335
100.2001.48390.19990 Donations $41,000

6. DISCUSSION AND BACKGROUND
The Orange Public Library has been presented with a $7,335 disbursement from Santiago Library City of Orange Printed on 8/22/2024Page 1 of 2
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84 Item #: 3.7. 8/27/2024 File #: 24-0467
The Orange Public Library has been presented with a $7,335 disbursement from Santiago Library System (SLS). SLS is a membership consortium of Orange County libraries that receives money from the State and disburses annually to member libraries. This disbursement to the Library has been provided for e-content products and services. Funds will purchase additional eBooks and eAudiobooks from cloudLibrary to expand the Library’s collection.

7. ATTACHMENTS
· None
City of Orange Printed on 8/22/2024Page 2 of 2
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85 Agenda Item
City Council
Item #: 3.8. 8/27/2024 File #: 24-0499
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $94,600 from the Opioid Settlement Fund for opioid remediation initiatives in Fiscal Year 2025.

2. SUMMARY
The Fire Department is requesting the appropriation of $94,600 from the National Opioid Settlement funds to support various opioid remediation activities in the City of Orange for Fiscal Year 2025.

3. RECOMMENDED ACTION
Authorize the appropriation of $94,600 from the Opioid Settlement Fund (126) unreserved fund balance to:
126.3015.53510.30227 Paramedic Med Supplies - Opioid

4. FISCAL IMPACT
Upon approval of this appropriation, the estimated Opioid Settlement Fund (126) fund balance on June 30, 2025, will be $497,941.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a Safe Community
e. Develop and implement effective community outreach services and programs to promote public safety.

Goal 3: Enhance and Promote Quality of Life in the Community e. Develop and strengthen collaborative partnerships to enhance and promote quality of life programs, projects, and services.

6. DISCUSSION AND BACKGROUND
In 2022, California Attorney General Rob Bonta announced settlement agreements with opioid manufacturer Janssen Pharmaceuticals and Johnson & Johnson, along with distributors McKesson, Cardinal Health, and AmerisourceBergen. In 2023, he proposed multistate settlements with manufacturers Teva and Allergan, and pharmacies Walgreens, Walmart, and CVS. These settlements resolve over 3,000 opioid-related lawsuits from state and local governments nationwide, providing substantial financial resources to combat the opioid crisis in California.

California cities and counties are expected to receive up to $1.8 billion for substance use prevention, City of Orange Printed on 8/22/2024Page 1 of 2
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86 Item #: 3.8. 8/27/2024 File #: 24-0499
California cities and counties are expected to receive up to $1.8 billion for substance use prevention, harm reduction, treatment, and recovery from the settlements with Teva, Allergan, and the Pharmacies, in addition to $2.2 billion anticipated from the Janssen and Distributors settlements.

Payment timeframes may vary and can extend up to 18 years. Funds must be specifically allocated to opioid remediation activities focused on prevention, intervention, harm reduction, treatment, and recovery services within California communities. To date, the City of Orange has received $592,942 from these settlements.

The Fire Department has identified three projects for Fiscal Year 2025 (FY25) that are eligible for funding. We are requesting an appropriation of $94,600 to support a joint venture with the Youth Centers of Orange (YCO) for a youth sports program targeting vulnerable youth in the community, Opioid Awareness and CPR training for city staff, and Narcan/overdose response kits to be distributed at strategic locations throughout the City. A 10% administration cost has been included in the provided estimate to cover the expenses associated with the management and reporting of these funds, which is an allowable use under the program guidelines.

As part of this initiative, the Fire Department seeks to collaborate with YCO, a program under The Hub OC, dedicated to supporting youth and families in our city's underserved communities. YCO offers a range of free services designed to meet the developmental needs of at-risk youth, including mentoring, tutoring, sports, music, and various enrichment opportunities. The $30,000 allocated for this initiative will directly benefit YCO’sYouth Sports Program, which provides free daily programming from 2:30 PM to 6:00 PM, and from 12:30 PM on Wednesdays, aligning with local school schedules.

Currently, there is a growing waitlist of families eager to participate, indicating high demand for these transformative experiences. Additional funding would significantly enhance the center’scapacity to serve vulnerable families within the community.

In addition, Opioid Awareness, Narcan use, and CPR training will be provided to City employees. In partnership with the Risk Management Department, the Fire Department will deliver 4-hour training sessions for field personnel and other employees who may encounter opiates, opiate users, or require CPR certification. Two training classes have already been scheduled and are currently full, with a waitlist of interested employees. The total funding needed for these training sessions amounts to $31,000. Allocating these funds would enhance city staff's ability to respond effectively in emergency situations requiring this training.

Lastly, the department plans to purchase the supplies and materials necessary to create Narcan/overdose response kits, which will be strategically placed throughout the City in AED cabinets, libraries, customer service counters, and city vehicles for use in overdose emergencies.

These supplies will be procured through the department's established vendors, using cooperative pricing agreements. The total cost for this project is $25,000. Together, with the opioid awareness training, city staff will be equipped with both the knowledge and resources needed to effectively assist in harm reduction and treatment during a potential opioid overdose.

7. ATTACHMENTS
· None
City of Orange Printed on 8/22/2024Page 2 of 2
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87 Agenda Item
City Council
Item #: 3.8. 8/27/2024 File #: 24-0499
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $94,600 from the Opioid Settlement Fund for opioid remediation initiatives in Fiscal Year 2025.

3. RECOMMENDED ACTION
Authorize the appropriation of $94,600 from the Opioid Settlement Fund (126) unreserved fund balance to:
126.3015.53510.30227 Paramedic Med Supplies - Opioid

4. FISCAL IMPACT
Upon approval of this appropriation, the estimated Opioid Settlement Fund (126) fund balance on June 30, 2025, will be $497,941.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a Safe Community
e. Develop and implement effective community outreach services and programs to promote public safety.

Goal 3: Enhance and Promote Quality of Life in the Community e. Develop and strengthen collaborative partnerships to enhance and promote quality of life programs, projects, and services.

California cities and counties are expected to receive up to $1.8 billion for substance use prevention, City of Orange Printed on 8/22/2024Page 1 of 2
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88 Item #: 3.8. 8/27/2024 File #: 24-0499
California cities and counties are expected to receive up to $1.8 billion for substance use prevention, harm reduction, treatment, and recovery from the settlements with Teva, Allergan, and the Pharmacies, in addition to $2.2 billion anticipated from the Janssen and Distributors settlements.

7. ATTACHMENTS
· None
City of Orange Printed on 8/22/2024Page 2 of 2
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89 Agenda Item
City Council
Item #: 3.9. 8/27/2024 File #: 24-0475
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Appropriation of $35,000 in donations for the 2024 Concerts in the Park series.

2. SUMMARY
Acceptance and appropriation of collected revenues in the amount of $35,000 of special event donations from the Wilson Automotive Group to fund the last five concerts of the 2024 Concerts in the Park series.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $35,000 in special event donations to General Fund Reimbursable Fund (105):
105.7015.48380.17560 Concerts in the Park

2. Authorize the appropriation of $35,000 to General Fund Reimbursable Fund (105):
105.7015.51670.17560 Other Prof Consult Services - Concerts in the Park

4. FISCAL IMPACT
There is no direct fiscal impact to the City. The additional revenue received from Wilson Automotive Group will fund the expense for the last five concerts of the 2024 Concerts in the Park series.

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

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

6. DISCUSSION AND BACKGROUND
On June 25, 2024, the City Council voted to cancel all Fiscal Year 2024-25 (FY25) special events after July 4, 2024 and eliminate funding for these events in the FY25 budget. On June 28, 2024, Council authorized the continuation of special events on an individual basis if the City received full sponsorships for the event. The Wilson Automotive Group donated $35,000 to sponsor the remaining five concerts in the 2024 Concerts in the Park series. Staff is requesting a total of $35,000 City of Orange Printed on 8/22/2024Page 1 of 2
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90 Item #: 3.9. 8/27/2024 File #: 24-0475
to be accepted as revenue and appropriated into the General Fund Reimbursable Fund (105).

7. ATTACHMENTS
· None
City of Orange Printed on 8/22/2024Page 2 of 2
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91 Agenda Item
City Council
Item #: 3.9. 8/27/2024 File #: 24-0475
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Appropriation of $35,000 in donations for the 2024 Concerts in the Park series.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $35,000 in special event donations to General Fund Reimbursable Fund (105):
105.7015.48380.17560 Concerts in the Park

2. Authorize the appropriation of $35,000 to General Fund Reimbursable Fund (105):
105.7015.51670.17560 Other Prof Consult Services - Concerts in the Park

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

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

6. DISCUSSION AND BACKGROUND
On June 25, 2024, the City Council voted to cancel all Fiscal Year 2024-25 (FY25) special events after July 4, 2024 and eliminate funding for these events in the FY25 budget. On June 28, 2024, Council authorized the continuation of special events on an individual basis if the City received full sponsorships for the event. The Wilson Automotive Group donated $35,000 to sponsor the remaining five concerts in the 2024 Concerts in the Park series. Staff is requesting a total of $35,000 City of Orange Printed on 8/22/2024Page 1 of 2
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92 Item #: 3.9. 8/27/2024 File #: 24-0475
to be accepted as revenue and appropriated into the General Fund Reimbursable Fund (105).

7. ATTACHMENTS
· None
City of Orange Printed on 8/22/2024Page 2 of 2
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93 Agenda Item
City Council
Item #: 3.10. 8/27/2024 File #: 24-0471
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Annual Sewer Replacement and Maintenance, Fiscal Year 2024-2025; authorization to advertise Bid No. 24-25.04 (S-252); and finding of CEQA exemption.

2. SUMMARY
Plans and specifications have been completed, and the project is ready to be advertised for bids. The total estimated construction cost, including contingencies and construction engineering (15%), is $2,534,130.

3. RECOMMENDED ACTION

1. Approve the plans and specifications and authorize advertising for Bid No. 24-25.04, Annual Sewer Replacement and Maintenance, Fiscal Year 2024-2025.

2. Find that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1(c) - Existing Facilities).

4. FISCAL IMPACT
None.

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

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

6. DISCUSSION AND BACKGROUND
The City of Orange prepared the Sewer Collection System Master Plan update in 2012 as a planning tool to mitigate potential cumulative impacts to the sewer collection system from the City’s 2010 General Plan. The Sewer Master Plan (SMP) identifies projects that replace the aging sewer infrastructure, pipes that are structurally deficient, and pipeline capacity enhancements. In addition to the SMP, the Public Works Engineering Division coordinates with the Public Works Field Services Division to ensure that field observations of the sewer hotspots and localized failures are identified and addressed as part of the Capital Improvement Program. The identified locations are either structurally deficient sewer mains or locations that require a higher than normal level of maintenance for several reasons but generally due to offset joints, tree roots, broken sections, or being City of Orange Printed on 8/22/2024Page 1 of 2
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94 Item #: 3.10. 8/27/2024 File #: 24-0471
for several reasons but generally due to offset joints, tree roots, broken sections, or being undersized.

The Public Works Department will be replacing approximately 5,510 linear feet of existing six-inch sewer pipe with eight-inch pipe and rehabilitating existing brick manholes by installing a liner.

Additionally, the scope of work also includes reconnecting all impacted service lateral.

The Public Works Department has prepared plans and specifications to fix these issues and is ready to advertise for bids. The total estimated construction cost, including 15% for contingencies and construction engineering, is $2,534,130. This project will be funded entirely out of the Sanitation Fund. Construction is scheduled to begin in November 2024 and is expected to be completed within 120 calendar days.

Specifications and cost estimates are available for review in the Public Works Department.

7. ENVIRONMENTAL REVIEW
Categorical Exemption: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1(c) - Existing Facilities) because the project involves the repair and maintenance of existing facilities with no expansion of existing use. No public review is required.

8. ATTACHMENTS
· Location Map
City of Orange Printed on 8/22/2024Page 2 of 2
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95 Agenda Item
City Council
Item #: 3.10. 8/27/2024 File #: 24-0471
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

3. RECOMMENDED ACTION

1. Approve the plans and specifications and authorize advertising for Bid No. 24-25.04, Annual Sewer Replacement and Maintenance, Fiscal Year 2024-2025.

2. Find that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1(c) - Existing Facilities).

4. FISCAL IMPACT
None.

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

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

6. DISCUSSION AND BACKGROUND
The City of Orange prepared the Sewer Collection System Master Plan update in 2012 as a planning tool to mitigate potential cumulative impacts to the sewer collection system from the City’s 2010 General Plan. The Sewer Master Plan (SMP) identifies projects that replace the aging sewer infrastructure, pipes that are structurally deficient, and pipeline capacity enhancements. In addition to the SMP, the Public Works Engineering Division coordinates with the Public Works Field Services Division to ensure that field observations of the sewer hotspots and localized failures are identified and addressed as part of the Capital Improvement Program. The identified locations are either structurally deficient sewer mains or locations that require a higher than normal level of maintenance for several reasons but generally due to offset joints, tree roots, broken sections, or being City of Orange Printed on 8/22/2024Page 1 of 2
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96 Item #: 3.10. 8/27/2024 File #: 24-0471
for several reasons but generally due to offset joints, tree roots, broken sections, or being undersized.

The Public Works Department will be replacing approximately 5,510 linear feet of existing six-inch sewer pipe with eight-inch pipe and rehabilitating existing brick manholes by installing a liner.

Additionally, the scope of work also includes reconnecting all impacted service lateral.

Specifications and cost estimates are available for review in the Public Works Department.

8. ATTACHMENTS
· Location Map
City of Orange Printed on 8/22/2024Page 2 of 2
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97 Location Map
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99 Agenda Item
City Council
Item #: 3.11. 8/27/2024 File #: 24-0480
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public works Director

1. SUBJECT
Notice of Completion and Acceptance for Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement Project; Bid No. 22-23.42 (D-179).

2. SUMMARY
The City of Orange entered into a contract with Excel Paving Inc, for the Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement Project. The work has been completed to the satisfaction of the Public Works Department.

The Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement Project was designed to install a Debris Separating Baffle Box (DSBB) and pipe screens that are intended to capture trash, sediment, organic matters, nutrients, and other debris to minimize pollutants that enter the Santa Ana River.

3. RECOMMENDED ACTION

1. Accept Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement Project as complete.

2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Printed on 8/22/2024Page 1 of 1
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100
Agenda Item
City Council
Item #: 3.11. 8/27/2024 File #: 24-0480
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public works Director

1. SUBJECT
Notice of Completion and Acceptance for Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement Project; Bid No. 22-23.42 (D-179).

3. RECOMMENDED ACTION

1. Accept Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement Project as complete.

2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Printed on 8/22/2024Page 1 of 1
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101

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Orange
300 East Chapman Avenue
Orange, California 92866
Attention: City Clerk
[Space above this line for Recorder’s use only.]

THIS DOCUMENT IS RECORDED AT THE

REQUEST AND FOR THE BENEFIT OF THE CITY

OF ORANGE AND IS EXEMPT FROM THE

PAYMENT OF A RECORDING FEE PURSUANT
TO GOVERNMENT CODE SECTIONS 6103 AND
27383.

NOTICE OF COMPLETION AND ACCEPTANCE
NOTICE IS HEREBY GIVEN that work on that certain public work and improvements known as “Chapman Avenue, Main Street, and Katella Avenue Water Quality Storm Drain Improvement (Bid No. 22-23.42; D-179)” (herein referred to as the “Project”), for the owner, the City of Orange, a municipal corporation (herein referred to as the “City”), whose address is 300 E. Chapman Avenue, Orange, CA 92866, was completed and accepted by the City Council of the City of Orange on August 27, 2024 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project is on Chapman Avenue, Main Street, and Katella Avenue in the City of Orange, State of California. The contractor who performed (or caused to be performed) said public work and improvements were Excel Paving Company, a California corporation, with its principal office at 2230 Lemon Avenue, Long Beach, State of California.

The name of the surety on the Labor and Material Bond for the Project is Federal Insurance Company, Indiana (Bond No. K40564032) in the amount of $683,275.00.

DATED as of the 27th day of August 2024. CITY OF ORANGE, a municipal corporation By:

Daniel R. Slater, Mayor, City of Orange

STATE OF CALIFORNIA

COUNTY OF ORANGE
I, Daniel R. Slater, Mayor of the City of Orange, state that I have read the foregoing document know the contents thereof, and that the facts therein stated are true of my own knowledge. I hereby declare under penalty of perjury that the foregoing is true and correct.

DATED as of the 27th day of August 2024 at Orange, California.

Daniel R. Slater, Mayor, City of Orange
I, Pamela Coleman, City Clerk for the City of Orange, hereby attest that Daniel R. Slater is known to me to be the Mayor of the City of Orange and known to me to be the person who executed the within instrument on behalf of said municipal corporation and acknowledged to me that the City of Orange executed the same.

Pamela Coleman, City Clerk, City of Orange
102
Agenda Item
City Council
Item #: 3.12. 8/27/2024 File #: 24-0483
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Notice of Completion and Acceptance for Taft Avenue and Lewis Street Water Quality Storm Drain Improvement Project; Bid No. 22-23.29 (D-180).

2. SUMMARY
The City of Orange entered into a contract with Excel Paving Inc, for the Taft Avenue and Lewis Street Water Quality Storm Drain Improvement Project. The work has been completed to the satisfaction of the Public Works Department.

The Taft Avenue and Lewis Street Water Quality Storm Drain Improvement Project was designed to install a Debris Separating Baffle Box (DSBB) and pipe screens that are intended to capture trash, sediment, organic matters, nutrients, and other debris to minimize pollutants that enter the Santa Ana River.

3. RECOMMENDED ACTION

1. Accept Taft Avenue and Lewis Street Water Quality Storm Drain Improvement Project as complete.

2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Printed on 8/22/2024Page 1 of 1
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103
Agenda Item
City Council
Item #: 3.12. 8/27/2024 File #: 24-0483
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Notice of Completion and Acceptance for Taft Avenue and Lewis Street Water Quality Storm Drain Improvement Project; Bid No. 22-23.29 (D-180).

3. RECOMMENDED ACTION

1. Accept Taft Avenue and Lewis Street Water Quality Storm Drain Improvement Project as complete.

2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Printed on 8/22/2024Page 1 of 1
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104

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Orange
300 East Chapman Avenue
Orange, California 92866
Attention: City Clerk
[Space above this line for Recorder’s use only.]

THIS DOCUMENT IS RECORDED AT THE

REQUEST AND FOR THE BENEFIT OF THE CITY

OF ORANGE AND IS EXEMPT FROM THE

PAYMENT OF A RECORDING FEE PURSUANT
TO GOVERNMENT CODE SECTIONS 6103 AND
27383.

NOTICE OF COMPLETION AND ACCEPTANCE
NOTICE IS HEREBY GIVEN that work on that certain public work and improvements known as “Taft Ave. & Lewis St. Water Quality Storm Drain Improvement Project (Bid No. 22-23.29; D-180)” (herein referred to as the “Project”), for the owner, the City of Orange, a municipal corporation (herein referred to as the “City”), whose address is 300 E.

Chapman Avenue, Orange, CA 92866, was completed and accepted by the City Council of the City of Orange on August 27, 2024 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project is at the 307 W. Taft Avenue and on Lewis Street in the City of Orange, State of California. The contractor who performed (or caused to be performed) said public work and improvements were Excel Paving Company, a California corporation, with its principal office at 2230 Lemon Avenue, Long Beach, State of California.

The name of the surety on the Labor and Material Bond for the Project is Federal Insurance Company, Indiana (Bond No. K40564081) in the amount of $529,370.00.

DATED as of the 27th day of August 2024. CITY OF ORANGE, a municipal corporation By:

Daniel R. Slater, Mayor, City of Orange

STATE OF CALIFORNIA

DATED as of the 27th day of August 2024 at Orange, California.

Pamela Coleman, City Clerk, City of Orange
105
Agenda Item
City Council
Item #: 3.13. 8/27/2024 File #: 24-0488
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Notice of Completion and Acceptance for Annual Sewer Line Replacement/Maintenance, Fiscal Year 2022-2023; Bid No. 22-23.20 (S-247).

2. SUMMARY
The City of Orange entered into a contract with Ramona Inc. for the Annual Sewer Line Replacement/Maintenance, Fiscal Year 2022-2023. The work has been completed to the satisfaction of the Public Works Department.

The project included the replacement of approximately 6,348 linear feet of existing 6” sewer main with 8” main and the reconnection of service laterals throughout the City of Orange.

3. RECOMMENDED ACTION

1. Accept Annual Sewer Line Replacement/Maintenance, Fiscal Year 2022-2023 as complete.

2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Printed on 8/22/2024Page 1 of 1
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106
Agenda Item
City Council
Item #: 3.13. 8/27/2024 File #: 24-0488
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Notice of Completion and Acceptance for Annual Sewer Line Replacement/Maintenance, Fiscal Year 2022-2023; Bid No. 22-23.20 (S-247).

The project included the replacement of approximately 6,348 linear feet of existing 6” sewer main with 8” main and the reconnection of service laterals throughout the City of Orange.

3. RECOMMENDED ACTION

1. Accept Annual Sewer Line Replacement/Maintenance, Fiscal Year 2022-2023 as complete.

2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Printed on 8/22/2024Page 1 of 1
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107

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Orange
300 East Chapman Avenue
Orange, California 92866
Attention: City Clerk
[Space above this line for Recorder’s use only.]

THIS DOCUMENT IS RECORDED AT THE

REQUEST AND FOR THE BENEFIT OF THE CITY

OF ORANGE AND IS EXEMPT FROM THE

PAYMENT OF A RECORDING FEE PURSUANT
TO GOVERNMENT CODE SECTIONS 6103 AND
27383.

NOTICE OF COMPLETION AND ACCEPTANCE
NOTICE IS HEREBY GIVEN that work on that certain public work and improvements known as “Annual Sewer Replacement/Maintenance, FY 2022-2023 (Bid No. 22-23.20; S-247)” (herein referred to as the “Project”), for the owner, the City of Orange, a municipal corporation (herein referred to as the “City”), whose address is 300 E. Chapman Avenue, Orange, CA 92866, was completed and accepted by the City Council of the City of Orange on August 27, 2024 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project is at various locations in the City of Orange, State of California. The contractor who performed (or caused to be performed) said public work and improvements were Ramona, a California corporation, with its principal office at 5029 Bleecker St., Suite 200, Baldwin Park, State of California.

The name of the surety on the Labor and Material Bond for the Project is U.S. Specialty Insurance Company, Texas (Bond No. 1001198734) in the amount of $2,487,250.00.

DATED as of the 27th day of August 2024. CITY OF ORANGE, a municipal corporation By:

Daniel R. Slater, Mayor, City of Orange

STATE OF CALIFORNIA

DATED as of the 27th day of August 2024 at Orange, California.

Pamela Coleman, City Clerk, City of Orange
108
Agenda Item
City Council
Item #: 3.14. 8/27/2024 File #: 24-0495
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Notice of Completion and Acceptance for Annual Concrete Replacement at Various Locations, Fiscal Year 2023-2024; Bid No. 23-24.11 (SP-4268).

2. SUMMARY
The City of Orange entered into a contract with LCR Earthwork & Engineering Inc. for the Annual Concrete Replacement at Various Locations, Fiscal Year 2023-2024. The work has been completed to the satisfaction of the Public Works Department.

The project included the replacement of damaged curb and gutter, sidewalk and reconstruction of Americans with Disabilities Act (ADA) sidewalk access ramps at various locations throughout the City.

3. RECOMMENDED ACTION

1. Accept Annual Concrete Replacement at Various Locations Project as complete.

2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Printed on 8/22/2024Page 1 of 1
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109
Agenda Item
City Council
Item #: 3.14. 8/27/2024 File #: 24-0495
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Notice of Completion and Acceptance for Annual Concrete Replacement at Various Locations, Fiscal Year 2023-2024; Bid No. 23-24.11 (SP-4268).

The project included the replacement of damaged curb and gutter, sidewalk and reconstruction of Americans with Disabilities Act (ADA) sidewalk access ramps at various locations throughout the City.

3. RECOMMENDED ACTION

1. Accept Annual Concrete Replacement at Various Locations Project as complete.

2. Authorize City Clerk to file Notice of Completion with the Orange County Clerk-Recorder’s Office.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Printed on 8/22/2024Page 1 of 1
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110

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Orange
300 East Chapman Avenue
Orange, California 92866
Attention: City Clerk
[Space above this line for Recorder’s use only.]

THIS DOCUMENT IS RECORDED AT THE

REQUEST AND FOR THE BENEFIT OF THE CITY

OF ORANGE AND IS EXEMPT FROM THE

PAYMENT OF A RECORDING FEE PURSUANT
TO GOVERNMENT CODE SECTIONS 6103 AND
27383.

NOTICE OF COMPLETION AND ACCEPTANCE
NOTICE IS HEREBY GIVEN that work on that certain public work and improvements known as “Annual Concrete Replacement at Various Locations, Fiscal Year 2023-2024 (Bid No. 23-24.11; SP-4268)” (herein referred to as the “Project”), for the owner, the City of Orange, a municipal corporation (herein referred to as the “City”), whose address is 300 E. Chapman Avenue, Orange, CA 92866, was completed and accepted by the City Council of the City of Orange on August 27, 2024 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project is at various locations throughout the City of Orange, State of California. The contractor who performed (or caused to be performed) said public work and improvements were LCR Earthwork and Engineering, a California corporation, with its principal office at 4791 Mt. Rainier St., Jurupa Valley, State of California.

The name of the surety on the Labor and Material Bond for the Project is The Gray Casualty & Surety Company, Louisiana (Bond No. GS29700114) in the amount of $1,410,640.00.

DATED as of the 27th day of August 2024. CITY OF ORANGE, a municipal corporation By:

Daniel R. Slater, Mayor, City of Orange

STATE OF CALIFORNIA

DATED as of the 27th day of August 2024 at Orange, California.

Pamela Coleman, City Clerk, City of Orange
111
Agenda Item
City Council
Item #: 3.15. 8/27/2024 File #: 24-0420
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Replacement of video surveillance system servers and storage infrastructure.

2. SUMMARY
The existing video surveillance system is aged requiring replacement of servers and storage.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $482,542 from the Computer Replacement (790) unreserved fund balance to:
790.1601.56033.20456 Physical Security Platform

2. Approve the agreement with Triad Consulting & System Design Group, L.L.C. in the amount of $90,595.00 for Genetec server and archiver implementation upgrade services; and authorize the Mayor and City Clerk to execute on behalf of the City.

3. Authorize purchase of servers and storage from Sidepath, Inc. for a total amount of $391,946.93.

4. FISCAL IMPACT
The total expenditure for the video surveillance servers and storage infrastructure is $482,542 and will be funded through Computer Replacement (790):
790.1601.56033.20456 Physical Security Platform
Upon approval of this appropriation, the estimated Computer Replacement (790) fund balance at June 30, 2024 will be $8,745,566.

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

Goal 2: Be a fiscally healthy community
d: Effectively manage and develop City assets.

6. DISCUSSION AND BACKGROUND
On August 11, 2015, the City Council approved a professional services agreement totaling $705,784.00 for the design and installation of the Metrolink Orange Transportation Center Video Surveillance System (VSS). The underlying security platform product was Genetec. The funding for the VSS was received from OCTA in conjunction with the construction of the Metrolink Parking City of Orange Printed on 8/22/2024Page 1 of 3
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Item #: 3.15. 8/27/2024 File #: 24-0420
the VSS was received from OCTA in conjunction with the construction of the Metrolink Parking Structure. Subsequent to the Metrolink Transportation Center installation, the City continued to build upon that VSS through various City Council approvals replacing outdated video cameras at the police station and libraries and adding to the civic center campus and select parks (Grijalva Sports Center, Handy Park, Hart Park, Shaffer Park, Yorba dog park, Plaza Park) as well as the more recent new Fire Station 1 and Headquarters building. On January 12, 2021, the City Council approved a $640,451 agreement for access control to manage 121 doors throughout the City on the Genetec security platform. Excluding the original Metrolink Parking Structure project, over 2 million dollars have been invested in these various expansions. The initial Metrolink Transportation Center project consisted of 94 cameras and a few license plate readers for the parking structure and train station.

By contrast today, the system now supports more than 400 cameras, 121 doors, 5 gates, and various duress (panic button) functions at critical locations.

The back-end server and storage infrastructure that runs the Genetec security platform has exceeded end-of-life support. The purchase and professional services agreement will replace the back-end server and storage infrastructure. The original infrastructure lacked comprehensive fault tolerance (recovery from equipment failure). The proposed solution will more robustly address fault tolerance by adding SQL Server database clustering and running the critical directory services in a virtualized environment allowing for an active/active pair. Careful analysis was undertaken for the network bandwidth design and optimizing camera bandwidth rearchitecting for today’s better performance and availability. The new architecture will consist of two primary archiver and storage locations housed at the police department and Civic Center datacenters and more efficiently eliminate various remote archivers at Hart Park, Grijalva, and Main Library by consolidating the storage and processing to the Civic Center.

This security platform has become an integral security tool for the City and will likely continue to expand its usefulness in the future. At present, the back-end infrastructure is at a high level of operational risk due to the ageing end-of-life server and storage. The project is made up of 1) procurement of hardware and related professional services from Sidepath and 2) professional Genetec implementation services from Triad. The hardware from Sidepath is inclusive of warranty and maintenance for 5 years. The following summarizes the materials and services:

Sidepath Materials and Services
· 10 - Dell Servers.
· 1,680 terabytes storage.
· 10 - Network Switches.
· Server deployment services.
· SQL Server Clustering services.

Triad Professional Services
· Genetec software installation.
· Migrate existing single Director to 2 new directory servers in an active/active pair. · Directory services removal from old server.
· Genetec archiver / video storage installation for 10 servers inclusive of failover at the City of Orange Printed on 8/22/2024Page 2 of 3
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Item #: 3.15. 8/27/2024 File #: 24-0420
· Genetec archiver / video storage installation for 10 servers inclusive of failover at the application (Genetec) layer.
· Camera migration.
· Reconfigure Handy Park Archivers.
· Upgrade to Genetec version 5.12.
· Develop and implement more efficient Genetec partitioning.

We are requesting a 5% $17,440.52 contingency for the Sidepath $374,560.41 purchase to account for any variance with taxes or other contingency needs to complete the project.

Cost summary:

Sidepath materials and services $374,506.41
Sidepath contingency $17,440.52
Triad services $90,595.00
Grand Total $482,541.93
A SQL Server Enterprise license will also be required estimated to cost $43,472 which will separately be procured during the FY25 Microsoft enterprise license agreement true-up process.

Sidepath is a preferred partner with Dell Technologies for this region and as such provides the best price for procuring the hardware. Sidepath has provided pricing via a City approved cooperative agreement (NASPO# 23026, State Addendum #7-23-70-55-01).

Triad Consulting & System Design Group, L.L.C. (Triad) recently provided services to the City to assess, recommend, and develop a Request for Proposals (RFP) for City-wide access control replacement. The Electronic Access Control Replacement RFP, which closed on September 17,2020, addresses the need to replace three disparate door and gate electronic access control systems by folding that function into the City’sexisting unified Genetec security platform. Triad has subsequently performed numerous contracted services for the City for security related design of the new Fire Station, Handy Park, and to perform a general health check of the Genetec platform which has been an influence to this project scope. Triad is currently in the process of reviewing intrusion detection alarms with consideration of the merits of folding that function into the Genetec security platform.

Orange Municipal Code Sections 3.08.290 and 3.08.590 provide for a waiver of competitive bidding procedures for materials, supplies, equipment and public projects based upon specific grounds. This effort requires high level access to this sensitive security platform. As the incumbent security consultant with existing access to the system for five years, Triad is uniquely qualified and familiar with our environment to perform these services and limit the access to this sensitive system.

7. ATTACHMENTS
· Agreement with Triad Consulting
· Sidepath Quote
City of Orange Printed on 8/22/2024Page 3 of 3
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Agenda Item
City Council
Item #: 3.15. 8/27/2024 File #: 24-0420
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Susan Galvan, Assistant City Manager

1. SUBJECT
Replacement of video surveillance system servers and storage infrastructure.

2. SUMMARY
The existing video surveillance system is aged requiring replacement of servers and storage.

3. RECOMMENDED ACTION

1. Authorize the appropriation of $482,542 from the Computer Replacement (790) unreserved fund balance to:
790.1601.56033.20456 Physical Security Platform

2. Approve the agreement with Triad Consulting & System Design Group, L.L.C. in the amount of $90,595.00 for Genetec server and archiver implementation upgrade services; and authorize the Mayor and City Clerk to execute on behalf of the City.

3. Authorize purchase of servers and storage from Sidepath, Inc. for a total amount of $391,946.93.

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

Goal 2: Be a fiscally healthy community
d: Effectively manage and develop City assets.

6. DISCUSSION AND BACKGROUND
On August 11, 2015, the City Council approved a professional services agreement totaling $705,784.00 for the design and installation of the Metrolink Orange Transportation Center Video Surveillance System (VSS). The underlying security platform product was Genetec. The funding for the VSS was received from OCTA in conjunction with the construction of the Metrolink Parking City of Orange Printed on 8/22/2024Page 1 of 3
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Item #: 3.15. 8/27/2024 File #: 24-0420
the VSS was received from OCTA in conjunction with the construction of the Metrolink Parking Structure. Subsequent to the Metrolink Transportation Center installation, the City continued to build upon that VSS through various City Council approvals replacing outdated video cameras at the police station and libraries and adding to the civic center campus and select parks (Grijalva Sports Center, Handy Park, Hart Park, Shaffer Park, Yorba dog park, Plaza Park) as well as the more recent new Fire Station 1 and Headquarters building. On January 12, 2021, the City Council approved a $640,451 agreement for access control to manage 121 doors throughout the City on the Genetec security platform. Excluding the original Metrolink Parking Structure project, over 2 million dollars have been invested in these various expansions. The initial Metrolink Transportation Center project consisted of 94 cameras and a few license plate readers for the parking structure and train station.

By contrast today, the system now supports more than 400 cameras, 121 doors, 5 gates, and various duress (panic button) functions at critical locations.

Sidepath Materials and Services
· 10 - Dell Servers.
· 1,680 terabytes storage.
· 10 - Network Switches.
· Server deployment services.
· SQL Server Clustering services.

Triad Professional Services
· Genetec software installation.
· Migrate existing single Director to 2 new directory servers in an active/active pair. · Directory services removal from old server.
· Genetec archiver / video storage installation for 10 servers inclusive of failover at the City of Orange Printed on 8/22/2024Page 2 of 3
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Item #: 3.15. 8/27/2024 File #: 24-0420
· Genetec archiver / video storage installation for 10 servers inclusive of failover at the application (Genetec) layer.
· Camera migration.
· Reconfigure Handy Park Archivers.
· Upgrade to Genetec version 5.12.
· Develop and implement more efficient Genetec partitioning.

We are requesting a 5% $17,440.52 contingency for the Sidepath $374,560.41 purchase to account for any variance with taxes or other contingency needs to complete the project.

Cost summary:

7. ATTACHMENTS
· Agreement with Triad Consulting
· Sidepath Quote
City of Orange Printed on 8/22/2024Page 3 of 3
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PROFESSIONAL SERVICES AGREEMENT
[Genetec Server and Archiver Implementation Upgrade Services]

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

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

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

2. Compensation and Fees.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed NINETY THOUSAND FIVE HUNDRED NINETY -FIVE DOLLARS and 00/100 ($90,595.00) without the prior written authorization of City.

3. Payment.

a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.
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2 b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.

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

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

5. Licenses. Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under st ate 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, mat erials 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 emp loyed 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 impl ied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.

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

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

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

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

12. Reserved

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

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. 120
4 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.

17. Indemnity.

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

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

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

18. Insurance.

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

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

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

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, b ut 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.
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6 f. Contractor shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a minimum limit of One Million Dollars ($1,000,000) per claim. Contractor agrees to keep such policy in force and effect for at least five (5) years from the date of completion of this Agreement.

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 certi ficates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.

i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insu rance 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 pos sesses the aforementioned Best rating.

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

In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all d amages 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 .

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

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

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

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

c. Contractor represents and warrants that it:

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

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

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

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

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

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 sa id laws, rules and regulations in connection with the performance of this Agreement.

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

“CONTRACTOR” “CITY”

Triad Consulting & System Design Group, LLC City of Orange 2925 Mira Vista Way, 300 E. Chapman Avenue
Corona, CA 92881 Orange, CA 92866-1591
Attn.: Gregory Brandon Attn.: Mike Dering

Telephone: 949-943-9422 Telephone: 714-744-2285
E-Mail: [email protected] E-Mail: [email protected]

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

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127

EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
128
June 6, 2024
Michael Dering, PMP
City of Orange
Information Technology Project Manager
300 E. Chapman Ave
Orange, CA 92866
Subject: Server/Server Design Engineering Proposal
Michael:

This proposal is for security/IT consulting services for support City of Orange (COO) server & archivers evaluation and upgrade at various locations to include Hart Park, Grijalva Park, Handy Park and Main Library. Based on several meetings, previous conversations and the work previously designed at various City buildings, we understand the requirements necessary to propose the following Scope of Work (SOW).

In our meetings/discussions we identified the following for of the implementation phase of work:

A. Scope of Work
Implementation
a. Task 1: Genetec Directory
1) Server installation to be completed by City
a) City to procure, install and setup servers per design plans. b) Servers to be set up by City and ready for production (domain, A/V, backups, etc.).
c) Triad will need both Windows and iDrac access to the servers. d) City to supply MS SQL Licenses where needed.
2) Genetec software Installation and Setup competed by Triad a) Genetec application Installation and setup:
(1) Install application
(2) Setup roles
(3) Setup failover structure
3) Migration to be completed by Triad
a) Migrate existing single Directory server to two (2) New Directory servers and configure in an active/active pair. New Directory servers to use a clustered MS SQL Server to be supplied and setup by the City. b) DNS setup to be coordinated with the City.
c) Directory services to be moved off old server when completed. 129
b. Task 2: Genetec Archivers/Video Storage
1) Scope is for ten (10) servers: 4 Archivers + 1 Auxiliary Archiver for PD Data Center, and 4 Archivers + 1 Auxiliary Archiver for Civic Center Data Center 2) Server installation to be completed by City
a) City to procure, install and setup servers per design plans. b) Servers to be set up by City and ready for production (domain, A/V, backups, etc.) Only the OS drive should be configured by the City, the video storage drive arrays should be unconfigured at hand-off. c) Triad will need both Windows and iDrac access to the servers. d) City to supply MS SQL Licenses where needed.
3) Genetec software Installation and Setup competed by Triad a) Triad will complete storage drive array formatting and drive letter assignments (with coordination from City on drive letter assignments). b) Genetec application Installation and setup:
(1) Install Application
(2) Setup Roles
(3) Setup Drive space
(4) Setup Failover structure
(5) Setup Auxiliary archivers
(6) Setup temp roles on auxiliary archivers for storage of existing video
4) Camera Migration
a) Program default archiver settings
(1) Program individual camera settings when/where they deviate from default archiver settings.
b) Migrate cameras to new archivers
c) Configure cameras settings for Recording, Live View, High/Low Resolution, and Remote per City standards. This will include cameras previously recorded at the Main Library (incudes Taft and El Modena Libraries), and Hart Park. Handy Park will be reconfigured to record cameras at both Handy Park and Grijalva Park for short-term and long- term recording.
d) Setup auxiliary archiving streams
(1) Define and setup auxiliary camera streams
(2) Define target server for auxiliary camera streams.
e) Move part of existing video storage to new archivers, per space availability calculations.
(1) Amount of storage that can be moved to new auxiliary archivers be calculated during setup. The purpose of this task is to shorten the amount of time that existing equipment is required to stay in service.
f) Consolidate remaining existing video storage to the equipment that is deemed best to keep in use.
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g) Decommission equipment out of Genetec that is no longer needed.

Report equipment back to City to be further decommissioned. 5) Reconfigure Handy Park Archivers
a) Move all cameras to Archiver 09 and program for 30-day recording b) Configure Archiver 10 for long-term storage
6) Follow Up Migration Steps (30/60/90/120/180 days)
a) Re-Balance camera assignments to new archivers.
b) Decommission temp archivers on auxiliary archiver boxes and reassign storage.
c) Decommission old equipment as video archives expire their retention periods.
c. Task 3: Migrate All other roles
1) ALPR/License Plates
2) Access Manager/Access Control
3) Sipelia/VOIP
4) Web Server/Mobile (Separate Server?)
5) Map Manager
6) Plan Manager
7) AD Integration
d. Task 4: Software Upgrade to Genetec version 5.12
e. Reconfigure system programming. Develop and implement a more efficient partitioning system to streamline system operation. Ensure modification provide video rights to personnel as needed and does not affect operation of the access control portion of the system. – Reviewing existing, plan out revised configuration, implement.
f. Optional: Program automatic camera call-ups based on system access control alarms. Need PD buy in.

Proposed Fee: Not to exceed $90,595 under this agreement Triad will bill monthly for services and for actual time spent according to the following standard hourly rates.

PROFESSIONAL FEES (PER HOUR)
Principal $240
Senior Security Consultant $180
Senior IT Consultant $275
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Senior System Project Engineer $180
Project Designer $110
Senior A/V Engineer $195
Project Coordinator $100
Computer Design Specialist $110
Administration $80
Sincerely,
Gregory Brandon
Principal/Owner
Triad Consulting & System Design Group
Accepted by_____________________________ Date__________________________ Title___________________________________
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Quotation
Date:08/14/2422892 Mill Creek DriveLaguna Hills, CA 92653 Quotation #:SIDQ49648Phone (949)748-8700; Fax (949)748-8706www.sidepath.com Valid Until:09/12/24Prepared By:Chaz SteenProject ID:SIDPROJECT46543 Ship To:Bill To:City of Orange City of Orange WarehouseSteven Scardina Attn:Steven ScardinaAttn:300 E. Chapman AvenueOrange, CA 92866 637 W. StruckOrange, CA 92867Phone:(714) 744-2283 Phone:(714) 744-2283Email:[email protected] Email:[email protected] Qty Item Code Description Unit Price Ext. PriceNASPO# 23026 | State Addendum #7-23-70-55-01R760xs 8 $10,490.45 $83,923.60210-BGLV PowerEdge R760xs461-AAIG Trusted Platform Module 2.0 V3321-BJDJ 3.5" Chassis with up to 12 Hard Drives (SAS/SATA) PERC11338-CPBZ Intel Xeon Silver 4514Y 2G, 16C/32T, 16GT/s, 30M Cache, Turbo,HT (150W) DDR5-4400374-BBBX No Additional Processor412-AAXL CPU Blank412-BBBR High Performance Heatsink370-AAIP Performance Optimized370-BBRX 5600MT/s RDIMMs780-BCDS Unconfigured RAID405-AAYY PERC H755 Adapter, Low Profile384-BBBH Power Saving BIOS Settings800-BBDM UEFI BIOS Boot Mode with GPT Partition750-BBBH Very High Performance Fan450-AKLF Dual, Redundant(1+1), Hot-Plug Power Supply,1100WMM(100-240Vac) Titanium330-BCDR Riser Config 2, Half Length, Low Profile, 1x16 + 1x8 + 2x8 (Gen5)329-BKGG PowerEdge R760xs Motherboard with Broadcom 5720 Dual Port1Gb On-Board LOM, MX, MLK528-CTID iDRAC9, Datacenter 16G528-CTZH OpenManage Enterprise Advanced Plus540-BCOC Broadcom 57414 Dual Port 10/25GbE SFP28, OCP NIC 3.0325-BEVI PowerEdge 2U Standard Bezel350-BCLY Dell Luggage Tag R760xs403-BCTH BOSS-N1 controller card + with 2 M.2 480GB (RAID 1) If you have any questions regarding this quotation, please contact:Patrick Mulvee | (213) 458-7771 | [email protected] document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient. Page 1 of 5Sidepath -City of Orange Genetic Server Networking Warehouse 133 Qty Item Code Description Unit Price Ext. Price470-BBBX BOSS Cables and Bracket for R760xs350-BCER No Quick Sync379-BCSG iDRAC,Legacy Password379-BCQX iDRAC Service Module (ISM), NOT Installed379-BCQY iDRAC Group Manager, Disabled611-BBBF No Operating System605-BBFN No Media Required770-BDRQ Cable Management Arm, 2U770-BECC ReadyRails Sliding Rails Without Cable Management Arm631-AACK No Systems Documentation, No OpenManage DVD Kit340-DFQK PowerEdge R760xs Shipping343-BBVC PowerEdge R760xs/HS5620 Shipping Material389-FBXY PowerEdge R760xs HS5620 CE and CCC Marking389-FBYB R760xs HS5620 Dell label (BIS) for 3.5" Chassis892-8637 ProSupport 7x24 Technical Support and Assistance 5 Years892-8646 ProSupport Next Business Day On-Site Service After ProblemDiagnosis 5 Years892-8649 Dell Hardware Limited Warranty Plus On-Site Service989-3439 Thank you choosing Dell ProSupport. For tech support, visit//www.dell.com/support or call 1-800- 945-3355841-5989 Keep your Hard Drive For Enterprise 5 Years825-8623 Certified Deployment Partner T1 or Distributors370-BBRQ (4) 16GB RDIMM, 5600MT/s, Single Rank400-AWMU (11) 12TB 7.2K RPM SATA 6Gbps 512e 3.5in Hot-plug Hard Drive492-BBDI (2) C13 to C14, PDU Style, 12 AMP, 6.5 Feet (2m) Power Cord,North America540-BDGV Broadcom 57414 Dual Port 10/25GbE SFP28 Adapter, PCIe LowProfile, V2470-AAGP (2) Dell Networking, Cable, SFP+ to SFP+, 10GbE, Copper TwinaxDirect Attach Cable, 3 Meter $83,923.60 SubTotalR760XD2 2 $29,643.94 $59,287.88210-BGSS PowerEdge R760XD2 Server461-AAIG Trusted Platform Module 2.0 V3321-BJLR 3.5" Chassis with up to 24 SAS/SATA Drives, PERC 11, GPUCapable, 1 or 2 CPU338-CHSL Intel Xeon Gold 5416S 2G, 16C/32T, 16GT/s, 30M Cache, Turbo,HT (150W) DDR5-4400374-BBBX No Additional Processor412-BBCZ Heatsink for 1 CPU configuration, Config 2370-AAIP Performance Optimized If you have any questions regarding this quotation, please contact:Patrick Mulvee | (213) 458-7771 | [email protected] document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient. Page 2 of 5Sidepath -City of Orange Genetic Server Networking Warehouse 134 Qty Item Code Description Unit Price Ext. Price370-AHCL 4800MT/s RDIMMs780-BCDS Unconfigured RAID405-AAYY PERC H755 Adapter, Low Profile750-AABF Power Saving Dell Active Power Controller800-BBDM UEFI BIOS Boot Mode with GPT Partition387-BBEY No Energy Star750-BBCG High Performance Fan x6450-AKWT Dual, Hot Plug, Power Supply, Redundant (1+1) 1400W(100-240Vac)330-BCGK Riser Config 2A, 5x16 LP Slots (Gen4)329-BJKC R760XD2 Motherboard with Broadcom 5720 Dual Port 1GbOn-Board LOM, DAO528-CTID iDRAC9, Datacenter 16G528-CTZH OpenManage Enterprise Advanced Plus540-BCOC Broadcom 57414 Dual Port 10/25GbE SFP28, OCP NIC 3.0403-BCRU BOSS-N1 controller card + with 2 M.2 480GB (RAID 1)470-BBCP BOSS N1 cables and Bracket for R760XD2379-BCSG iDRAC,Legacy Password379-BCQX iDRAC Service Module (ISM), NOT Installed379-BCQY iDRAC Group Manager, Disabled611-BBBF No Operating System605-BBFN No Media Required770-BDRQ Cable Management Arm, 2U770-BFDD ReadyRails Sliding Rails Without Cable Management Arm631-AACK No Systems Documentation, No OpenManage DVD Kit321-BJXD Dell Luggage Tag340-DGZR PowerEdge R760XD2 Shipping340-DGZP PowerEdge R760XD2 Shipping Material343-BBVR PE R760XD2 No CCC or CE Marking895-9990 ProSupport 7x24 Technical Support and Assistance 5 Years895-9999 ProSupport Next Business Day On-Site Service After ProblemDiagnosis 5 Years896-0042 Dell Hardware Limited Warranty Plus On-Site Service989-3439 Thank you choosing Dell ProSupport. For tech support, visit//www.dell.com/support or call 1-800- 945-3355841-6052 Keep your Hard Drive For Enterprise 5 Years825-8623 Certified Deployment Partner T1 or Distributors370-AGZO (4) 16GB RDIMM, 4800MT/s Single Rank161-BBWE (19) 20TB HDD SATA ISE 6Gbps 7.2K 512e 3.5in Hot-Plug , AGDrive If you have any questions regarding this quotation, please contact:Patrick Mulvee | (213) 458-7771 | [email protected] document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient. Page 3 of 5Sidepath -City of Orange Genetic Server Networking Warehouse 135 Qty Item Code Description Unit Price Ext. Price492-BBDI (2) C13 to C14, PDU Style, 12 AMP, 6.5 Feet (2m) Power Cord,North America540-BDGV Broadcom 57414 Dual Port 10/25GbE SFP28 Adapter, PCIe LowProfile, V2470-AAGP (2) Dell Networking, Cable, SFP+ to SFP+, 10GbE, Copper TwinaxDirect Attach Cable, 3 Meter $59,287.88 SubTotalRuckus 10 $225.79 $2,257.90RUC-E100GFPQSFPP0101 1 100GbE QSFP28 to QSFP28 Direct Attached, Passive CopperCable, 1m. 2 $301.58 $603.16RUC-E100GFPQSFPP0301 1 100GbE QSFP28 to QSFP28 Direct Attached, Passive CopperCable, 3m. 2 $820.71 $1,641.42RUC-10G-SFPP-TX-LP-A 10G-BASE-TX RJ-45 up to 30M over CAT 6a/7 cable TAAApplicable Low Powe 1 $96.71 $96.71RUC-GSFP28TWXP0101 E25G-SFP28-TWX-P-0101 5 $14,486.31 $72,431.55RUC-ICX7850-48C-E2 ICX 7850 48-port SFP+ 1/10GE, 8x-port QSFP28 supports native40GE or 100GE or breakout 4x10GE or 4x25GE, bundle includestwo AC PS and five fans, PS side exhaust airflow, transceivers soldseparately 5 $10,710.53 $53,552.65RUC-ICX7850-48F-E2 ICX 7850 48-port SFP28 1/10/25GE, 8x-port QSFP28 supportsnative 40GE or 100GE or breakout 4x10GE or 4x25GE, bundleincludes two AC PS and five fans, PS side exhaust airflow,transceivers sold separately 4 $476.98 $1,907.92RUC-ICX76504X10GF ICX 7650 4-port 1/10GbE SFP+ Module 8 $2,392.90 $19,143.20RUC-ICX7850-PREM-LIC ICX7850 Premium feature license 8 $4,589.31 $36,714.48RUC-ICX7850SVLRMT5 WatchDog REMOTE SUPPORT, ICX 7850 $188,348.99 SubTotalProfessional Services Servers and SQL 2 $4,500.00 $9,000.00SID-PS-PE-IMP-SVR-1-5 Sidepath implementation service provides a base-levelPowerEdge server deployment. Service includes installation of upto five (5) PowerEdge servers into compatible racks, integrationwith an existing network with appropriate labeling and cablemanagement within the rack. $8,250.00 $8,250.00SID-PS-SVC-FF-CUS-BAS -Assess and determine recommended clustering methodology(Always On Availablity Groups or Failover Cluster Instance)-Configure Windows Failover Clustering on up to two (2) VMs-Install appropriate SQL Server clustering services (Always On orFCI)-Simulate failover scenarios with test databasesNote:-Troubleshooting and migration assistance are not included inthis body of work / scope. $17,250.00 SubTotalPayment Terms from Ship Date: Net 30Pricing does not include Sales Tax or Shipping/Handling unless specifically stated in quote. Product Total $348,810.47CA Shipments: CA Electronic Waste Recycling (eWaste) Fee will apply to monitors, laptops or tablets.

If you have any questions regarding this quotation, please contact:Patrick Mulvee | (213) 458-7771 | [email protected] document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient. Page 4 of 5Sidepath -City of Orange Genetic Server Networking Warehouse 136 Taxes $25,695.94Shipping $0.00Grand Total $374,506.41 Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by Sidepath's Purchasing Terms and Conditions,which are located at: www.sidepath.com/terms. The Purchasing Terms and Conditions are incorporated herein by reference and available in hard copy upon your request.Note: Sidepath will collect sales tax for orders shipped to these six states: AZ, CA, MA, NV, TX and WA. For orders shipped outside of these six states, it will be the customer'sresponsibility to report the tax as Sales & Use Tax.Please contact me if I can be of further assistance.

THANK YOU FOR YOUR BUSINESS!
Accepted by:_________________________________ Title:_______________________________ Date:___________ PO:_______________________ If you have any questions regarding this quotation, please contact:Patrick Mulvee | (213) 458-7771 | [email protected] document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient. Page 5 of 5Sidepath -City of Orange Genetic Server Networking Warehouse 137 Agenda Item
City Council
Item #: 8.1. 8/27/2024 File #: 24-0484
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
Executive Management and Senior Management employees’classification, compensation, and terms of employment and Citywide Pay Schedule. Resolution Nos. 11573 and 11574.

2. SUMMARY
Resolution No. 11573 amends the compensation and terms of employment for the City’sExecutive Management and Senior Management employees for the period of July 1, 2024 through June 30, 2025.

Resolution No. 11574 amends the Citywide Pay Schedule in accordance with the requirements of the California Code of Regulations, Title 2, Section 570.5.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The total cost is $366,440 of which $252,852 is General Fund. These adjustments are currently included in the Fiscal Year 2024-2025 budget.

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

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

6. DISCUSSION AND BACKGROUND
City of Orange Printed on 8/22/2024Page 1 of 2
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138
Item #: 8.1. 8/27/2024 File #: 24-0484
The City’s Top Management employees are not formally recognized as an employee bargaining group but are covered by a City Council-adopted Resolution that provides for employee compensation and benefits. The Top Management Resolution covers the City’sdepartment heads, division managers, and other senior management employees.

If approved, the new Top Management Resolution terms reflect the following provisions:

Provision Description
Term July 1, 2024 through June 30, 2025.

Salary Three percent (3.0%) cost of living
adjustment to base salary for all Top
Management Employees effective August
25, 2024, incorporated into monthly salary
tables as Appendices A and B.

Health Insurance Effective January 1, 2025, increase the City’s contribution towards medical
insurance benefits per employee by
$100.00 per month. No increase for those
employees who waive medical.

Holiday Pay Increase Christmas Eve holiday pay from
half-day to full-day, if December 24th falls
on a Monday through Thursday.

Bereavement Leave Increase bereavement leave from three (3) to five (5) days per incident.

Language Changes Implement language clean-up to conform Resolution to current practices or
agreements.

7. ATTACHMENTS
· Resolution No. 11573
· Resolution No. 11574
City of Orange Printed on 8/22/2024Page 2 of 2
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139
Agenda Item
City Council
Item #: 8.1. 8/27/2024 File #: 24-0484
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
Executive Management and Senior Management employees’classification, compensation, and terms of employment and Citywide Pay Schedule. Resolution Nos. 11573 and 11574.

Resolution No. 11574 amends the Citywide Pay Schedule in accordance with the requirements of the California Code of Regulations, Title 2, Section 570.5.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The total cost is $366,440 of which $252,852 is General Fund. These adjustments are currently included in the Fiscal Year 2024-2025 budget.

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

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

6. DISCUSSION AND BACKGROUND
City of Orange Printed on 8/22/2024Page 1 of 2
powered by Legistar™
140
Item #: 8.1. 8/27/2024 File #: 24-0484
The City’s Top Management employees are not formally recognized as an employee bargaining group but are covered by a City Council-adopted Resolution that provides for employee compensation and benefits. The Top Management Resolution covers the City’sdepartment heads, division managers, and other senior management employees.

If approved, the new Top Management Resolution terms reflect the following provisions:

Provision Description
Term July 1, 2024 through June 30, 2025.

Salary Three percent (3.0%) cost of living
adjustment to base salary for all Top
Management Employees effective August
25, 2024, incorporated into monthly salary
tables as Appendices A and B.

Health Insurance Effective January 1, 2025, increase the City’s contribution towards medical
insurance benefits per employee by
$100.00 per month. No increase for those
employees who waive medical.

Holiday Pay Increase Christmas Eve holiday pay from
half-day to full-day, if December 24th falls
on a Monday through Thursday.

Bereavement Leave Increase bereavement leave from three (3) to five (5) days per incident.

Language Changes Implement language clean-up to conform Resolution to current practices or
agreements.

7. ATTACHMENTS
· Resolution No. 11573
· Resolution No. 11574
City of Orange Printed on 8/22/2024Page 2 of 2
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141
RESOLUTION NO. 11573

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE RESCINDING RESOLUTION
NO. 11480 AND ALL AMENDMENTS THERETO

AND APPROVING PROVISIONS RELATING TO

THE CLASSIFICATION, COMPENSATION, AND

TERMS OF EMPLOYMENT OF EXECUTIVE

MANAGEMENT AND SENIOR MANAGEMENT
EMPLOYEES EFFECTIVE JULY 1, 2024
THROUGH AND INCLUDING JUNE 30, 2025

WHEREAS, the employees covered by this Resolution constitute unrepresented management personnel; and

WHEREAS, the City Council has consulted with the City Manager and Human Resources Director concerning the proposed employment terms contained herein; and

WHEREAS, the City Council has determined that this Resolution shall set forth the wages, hours, and conditions of employment for the period of July 1, 2024, through and including June 30, 2025, for those management employees covered herein; and

WHEREAS, all salary ranges for the above classifications must be authorized by the City Council and published by the City in order for the salary range to be considered pension-reportable, pursuant to California Public Employees’ Retirement System law.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange hereby (1) rescinds Resolution No. 11480 and all amendments thereto; and (2) adopts the wages, hours, and conditions of employment through June 30, 2025, for Executive Management and Senior Management Employees contained in Appendices A and B, as fully set forth herein.

ADOPTED this 27th day of August 2024.

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

142
2 APPROVED AS TO FORM:

Mike Vigliotta, City Attorney, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

143

TOP MANAGEMENT RESOLUTION

JULY 1, 2024 THROUGH JUNE 30, 2025

144

TABLE OF CONTENTS

SECTION 1. BASIC COMPENSATION PLAN AND DEFINITIONS. 1 SECTION 2. SALARY AND WAGE SCHEDULE. 1
SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN. 2 SECTION 4. BEGINNING RATES. 2
SECTION 5. SERVICE. 2
SECTION 6. ADVANCEMENT WITHIN SALARY RANGES. 2
SECTION 7. REDUCTION IN SALARY STEPS. 3
SECTION 8. BILINGUAL ASSIGNMENT. 3
SECTION 9. LONGEVITY FOR SAFETY CHIEFS. 3
SECTION 10. EDUCATIONAL INCENTIVE PROGRAM. 4
SECTION 11. INCENTIVE PAY PLAN. 4
SECTION 12. PROMOTION. 4
SECTION 13. DEMOTION. 5
SECTION 14. REASSIGNMENT OF COMPENSATION RANGES. 5 SECTION 15. AT-WILL STATUS. 5
SECTION 16. ACTING TIME PAY. 5
SECTION 17. ADMINISTRATIVE LEAVE. 6
SECTION 18. HOLIDAYS. 7
SECTION 19. VACATION. 8
SECTION 20. PART-TIME, TEMPORARY, AND SEASONAL EMPLOYEES ELIGIBILITY FOR FRINGE BENEFITS. 9 SECTION 21. LEAVES OF ABSENCE. 10
SECTION 22. HEALTH INSURANCE. 15
SECTION 23. OTHER INSURANCES. 16
SECTION 24. RETIREMENT. 17 SECTION 25. OTHER FRINGE BENEFITS. 18 145

TABLE OF CONTENTS (CONTINUED)
ii
SECTION 26. DIRECT DEPOSIT. 20
SECTION 27. TRAVEL EXPENSE ALLOWED. 20
SECTION 28. GRIEVANCE PROCEDURE. 21
SECTION 29. EFFECTIVE DATES. 21
APPENDIX A EXECUTIVE MANAGEMENT Error!
Bookmark not defined.

APPENDIX B SENIOR MANAGEMENT Error!
Bookmark not defined.

[Remainder of page intentionally left blank.]
146

1 SECTION 1. BASIC COMPENSATION PLAN AND DEFINITIONS.

A. A basic compensation plan is established for all Executive and Senior Management employees of the City of Orange who are now employed or will in the future be employed in any of the classifications of employment listed in this Resolution and its Appendices.

B. The compensation for the City Manager and City Attorney shall be established by contract and they shall receive those benefits and be governed by all applicable rules and regulations related to those benefits provided for Executive Management.

C. Whenever the term "Department Head" is used, it shall be understood to include the City Manager and City Attorney when the personnel action affects a Department Head.

D. Whenever the term “Top Management” is used, it shall be understood to include all covered employees within this Resolution.

E. Whenever the term “Executive Management” is used, it shall be understood to include all classifications within Appendix A.

F. Whenever the term “Senior Management” is used, it shall be understood to include all classifications within Appendix B.

G. Except as amended by a written instrument formally approved by the City Council, the City Manager and City Attorney shall receive the fringe benefits that are afforded to Executive Management and shall have their compensation and terms of employment set forth herein.

SECTION 2. SALARY AND WAGE SCHEDULE.

The monthly salaries for employees covered by this Resolution are hereby incorporated, and listed in Appendices A and B.

The attached salary and wage schedules shall constitute the basic compensation plan consisting of six (6) steps or rates of pay in each range.

The respective ranges shall be identified by number and the steps by the letters A to F inclusive. The minimum length of service required for advancement to the next higher step is provided in Sections 5 and

6. The City Manager reserves the right to grant an additional salary increase of up to five percent (5.0%) for any classifications described herein in Appendices A and B. Any such increases shall not exceed a total cost of one percent (1.0%) of payroll for Top Management employees.

In an effort to avoid compaction between classifications, the following classification shall be compensated with a salary differential as follows:

The Police Chief shall be paid at least ten percent (10.0%) above the base salary of the Police Captain classification.

147

2 SECTION 3. ADMINISTRATION OF BASIC COMPENSATION PLAN.

The compensation ranges and steps contained in the attached salary schedule are monthly compensation rates.

For all employees covered by this Resolution, the hourly rate of pay shall be the monthly rate multiplied by 12 divided by 2080 annual hours. In determining the hourly rate, compensation shall be calculated to the nearest one-half (½) cent.

Part-time employees who are scheduled to work an average of at least 20 hours per week on a year-round basis may be considered for advancement to the next higher step upon completion of 2080 hours of employment.

SECTION 4. BEGINNING RATES.

A new employee of the City shall be paid the rate shown in Step A in the range allocated to the class of employment for which the employee has been hired, except that on the request of the Department Head under whom the employee will serve, and with the authorization of the Human Resources Director, such employee may be placed in Steps B through F depending upon the employee's qualifications.

SECTION 5. SERVICE.

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

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

SECTION 6. ADVANCEMENT WITHIN SALARY RANGES.

The following regulations shall govern salary advancement:

A. Merit Advancement. An employee shall be considered for advancement through the salary range upon completion of the minimum length of service required. The effective date of such merit increase, if granted, shall be the first day of the next pay period following the completion of the length of service required for such advancement. Advancement through the salary ranges Steps A through F may be granted only for continuous, meritorious, and efficient service, and continued improvement by the employee in the effective performance of the duties of the position. Such merit advancement shall require the following:

1) The Department Head shall file with the Human Resources Director a Personnel Action Form and a completed Performance Evaluation form recommending the granting or denial of the merit increase and supporting such recommendation with specific reasons 148

3 therefore. If denied by the Human Resources Director, the reason for denial will be provided to the Department Head.

2) Advancements through the pay ranges Step A through Step F, shall occur, if granted, in yearly increments.

3) A lapse of service of thirty (30) continuous calendar days or more for any reason shall extend the due date for the merit performance evaluation by an equal number of days absent.

B. Special Merit Advancement. When an employee demonstrates exceptional ability and proficiency in the performance of duties, the Department Head may recommend to the Human Resources Director that the employee be advanced to a higher pay step without regard to the minimum length of service requirements contained in this Resolution. With concurrence of the City Manager, t he Human Resources Director may, on the basis of a Department Head's recommendation, approve such an advancement.

SECTION 7. REDUCTION IN SALARY STEPS.

Any employee who is being paid on a salary step higher than Step A may be reduced by one (1) or more steps upon the recommendation of the Department Head, and with the approval of the Human Resources Director. Such reduction shall take place only after the employee has been notified of the reasons and has had an opportunity to respond. Procedure for such reduction shall follow the same procedure as outlined for merit advancements in Section 6, and such employee may be considered for re-advancement under the same provisions as contained in Subsection A of Section 6.

SECTION 8. BILINGUAL ASSIGNMENT.

Employees covered by this Resolution may be assigned by the Department Head, with approval of the Human Resources Director, to a bilingual assignment. The Department Head shall determine the number of bilingual assignment positions which are necessary based upon a demonstrable need and frequency of use. Employees on bilingual assignment shall receive an additional $140.00 per month for the duration of the assignment. Employees receiving bilingual assignment compensation may be required to take and pass a proficiency test on an annual or as needed basis as determined by the Human Resources Department.

No permanency or seniority may be obtained in a bilingual assignment and such assignment may be revoked at any time by the Human Resources Director or a duly authorized designee. This form of pay, also referred to as “Bilingual Premium”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to C alPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members and pursuant to CalPERS Regulations, Section 571.1(b)(3).

SECTION 9. LONGEVITY FOR SAFETY CHIEFS.

A. In an effort to maintain equality with subordinate classifications, the Fire Chief shall be eligible for Longevity Pay as follows:

149

4 Years of Service Monthly
Incentive
20 $550.00
25 $750.00

B. In an effort to maintain equality with subordinate classifications, the Police Chief shall be eligible for Longevity Pay as follows:

Years of Service Monthly
Incentive
15 $250.00
20 $500.00
25 $1,250.00

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

SECTION 10. EDUCATIONAL INCENTIVE PROGRAM.

A. Employees covered by this Resolution, other than the Police Chief and Fire Chief, with postgraduate degrees (i.e., Master’s degree or higher) shall be eligible to receive $600.00 per month.

B. In an effort to maintain equality with subordinate classifications, the Fire Chief shall receive $550.00 per month for a Bachelor’s degree or $750.00 per month for a Master’s degree.

C. In an effort to maintain equality with subordinate classifications, the Police Chief shall receive $700.00 for a Bachelor’s degree or $950.00 per month for a Master’s degree.

D. This form of pay, also referred to as “Educational Pay”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(2), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(2).

SECTION 11. INCENTIVE PAY PLAN.

The City Manager may, for the employees covered by this Resolution, put into effect an incentive pay plan, the terms and conditions of which shall be at the City Manager’s full discretion.

SECTION 12. PROMOTION.

When an employee is promoted to a position in a higher classification, the employee may be assigned to the step in the new salary range which provides for at least a five percent (5 .0%) increase. With the approval of the Department Head and Human Resources Director, the employee may be placed in the step in the new salary range as will grant the employee an increase of at least one, but not more than three salary steps.
150

5 SECTION 13. DEMOTION.

When an employee is demoted to a position in a lower classification, the salary rate shall be fixed in the appropriate salary range for the lower classification in accordance with the following provisions:

A. The salary rate shall be reduced by at least one (1) step.

B. The new salary rate must be within the salary range for the classification to which the employee was demoted.

SECTION 14. REASSIGNMENT OF COMPENSATION RANGES.

Any employee who is employed in a classification which is assigned to a different pay range shall be retained in the same salary step in the new range as the employee previously held in the prior range, and shall retain credit for length of service in such step toward advancement to the next higher step; provided, however:

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

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

C. That if the reassignment is to a lower compensation range, the F step of which is higher than the existing rate of pay, the employee shall be placed in that step of the lower compensation range which is equivalent to the existing rate of pay, and shall retain credit for length of service previously acquired in such step toward advancement to the next higher step. If there is no equivalent step, the employee shall be placed in the step which is closest to, but not less than, the employee’s current salary step.

SECTION 15. AT-WILL STATUS.

Members of Top Management serve at the pleasure of the City Manager , with the exception of those members within the City Attorney’s Office who serve at the pleasure of the City Attorney. Consideration for advancement, reduction, demotion, termination, or reassignment shall be at the initiation of the City Manager or City Attorney, as applicable, and in accordance with the Orange Municipal Code. In addition, all employees covered by this Resolution are employed at-will and serve in accordance with Title 2 of the Orange Municipal Code.

SECTION 16. ACTING TIME PAY.

An employee shall receive acting time pay, as further defined below, at A Step of the higher class, or five percent (5.0%) above the employee's regular salary, whichever is greater, for work performed in the higher classification. The Department Head or the authorized designee shall assign the employee to work out of classification but shall notify the Human Resources Director prior to the assignment. 151

6 A. Temporary Upgrade Pay. When an employee is working out of classification due to an incumbent’s approved leave of absence, said employee shall receive a Temporary Upgrade Pay premium. Temporary Upgrade Pay, as defined by California Code of Regulations 571(a)(3), is “compensatio n to employees who are required by their employer or governing board or body to work in an upgraded position/classification of limited duration.”

The above form of compensation shall be reported to CalPERS as special compensation and therefore compensation earnable. However, Temporary Upgrade Pay will not be reported to CalPERS as pensionable compensation for New Members hired on or after January 1 , 2013, as defined by the Public Employees’ Pension Reform Act of 2013 (PEPRA).

B. Out-of-Class Appointment. Out-of-class appointments shall only be made for positions vacated due to voluntary resignation, promotion, demotion or termination. Gov. Code section 20480 of the Public Employees' Retirement Law (PERL) defines an “out -of-class appointment” to mean an a ppointment to an upgraded position or higher classification by an employer or governing board or body in a vacant position for a limited duration. For purposes of this section, a “vacant position” refers to a position that is vacan t during recruitment for a permanent appointment. A vacant position does not refer to a position that is temporarily available due to another employee's leave of absence (see “Temporary Upgrade Pay” above).

SECTION 17. ADMINISTRATIVE LEAVE.

Employees covered by this Resolution are exempt from Fair Labor Standards Act overtime provisions as executive, administrative, and professional employees. This Resolution establishes a pay system which provides all covered employees with sick leave and other leave which covered employees use for purposes of public accountability. However, the City will provide paid administrative leave as follows:

A. Regular full-time employees identified in Appendix A shall accrue 80 hours of administrative leave annually for continuous service.

B. Regular full-time employees identified in Appendix B shall accrue 63 hours of administrative leave annually for continuous service.

C. Employees hired after January 1 st of each year shall receive a prorated portion of the administrative leave during their first calendar year of employment.

D. The minimum charge to the employee's administrative leave account shall be one-quarter (¼) hour, while additional actual absence of over one -quarter (¼) hour shall be charged to the nearest one-half (½) hour.

E. Usage of administrative leave shall be at the convenience of the City with the approval of the respective Department Head or City Manager.

F. All administrative leave shall accrue January 1st of each year.

G. Annually, unused administrative leave at the end of the calendar year , and upon retiring from City service and entering CalPERS as a retired annuitant shall be deposited in the employee’s Retirement Health Savings Plan account as described in Section 24(C). 152

7 H. Unused administrative leave upon separation for reasons other than retirement shall be forfeited.

SECTION 18. HOLIDAYS.

Employees covered by this Resolution shall receive the following nine (9) hour paid holidays (10 hours for employees assigned to Fire or Police Departments), except as provided in item 9 below:

1) January 1st (New Year’s Day)
2) The third Monday in February (Presidents’ Day)
3) Last Monday in May (Memorial Day)
4) July 4th (Independence Day)
5) First Monday in September (Labor Day)
6) November 11th (Veterans Day)
7) Fourth Thursday in November (Thanksgiving Day)
8) Fourth Friday in November (Day after Thanksgiving)
9) December 24th (Christmas Eve), if it falls on a Monday through Thursday 10) December 25th (Christmas Day)

A. Floating Holidays. In addition to the above, employees will have credited to their paid leave balance 22.5 floating holiday hours beginning January 1st of each year. Employees hired after January 1 st of each year shall receive a prorated portion of the 22.5 floating holiday hours during their first calendar year of employment. The floating holiday hours shall be taken at the convenience of the City with the approval of the City Manager or the Department Head.

Unused floating holiday hours at the end of the calendar year or upon separation from City service shall be deposited in the employee’s Retirement Health Savings Plan account as described in Section 24(C).

B. Holidays on Certain Days of the Week. In the event any of the above holidays, except Christmas Eve, fall on a Sunday, the following day will be taken in lieu of the actual date on which the holiday falls. When any of the above holidays fall on a Saturday, except Christmas Eve, the preceding Friday will be taken in lieu of the actual date on which the holiday falls.

When any of the above holidays falls on an employee’s regularly scheduled day off during the week, except Christmas Eve, employees will be credited with nine (9) hours (ten (10) hours for employees assigned to the Fire and Police Departments) of holiday compensatory time.

Accumulated holiday compensatory time must be used by the employee by June 30th of the same fiscal year in which it was accumulated. Unused holiday compensatory time shall be paid in cash to an employee upon separation of employment.

C. Eligibility to Receive Holiday Pay. In order to be eligible to receive holiday pay, an employee must have worked, or be deemed to have worked because of a n approved absence, the employee's regularly scheduled day before and regularly scheduled day after the holiday.

Newly hired employees are provided with and are eligible to use floating holiday and fixed holiday hours, according to the guidelines established in this Section, and/or with approval of the Human Resources Director.

D. Holidays During Vacation. Should one of the holidays listed above fall during an employee's vacation period while an employee is lawfully absent with pay, the employee shall receive holiday pay and no charge shall be made against the employee's accumulated vacation. 153

8 SECTION 19. VACATION.

A. Vacation Accrual. All full-time regular employees described herein accrue paid vacation in accordance with the following schedules.

1) For Executive Management, the following schedule shall apply:

Years of Service Vacation Hours
Per Year Years of Service Vacation Hours
Per Year
1 144 16 208
2 149 17 212
3 154 18 216
4 159 19 220
5 164 20 224
6 170 21 228
7 172 22 232
8 176 23 236
9 180 24 240
10 184 25 244
11 188 26 248
12 192 27 252
13 196 28 256
14 200 29 260
15 204 30 264

2) For Senior Management, the following schedule shall apply:

Years of Service Vacation Hours
Per Year Years of Service Vacation Hours
Per Year
1 104 16 188
2 114 17 192
3 124 18 196
4 134 19 200
5 144 20 204
6 148 21 208
7 152 22 212
8 156 23 216
9 160 24 220
10 164 25 224
11 168 26 228
12 172 27 232
13 176 28 236
14 180 29 240
15 184 30 244

B. Vacation Usage and Accumulation. Vacation shall be taken at the convenience of the City with the approval of the Department Head. Where possible, such vacation should be taken annually and not accumulated from year to year. Employees shall not accumulate vacation in excess of the equivalent number of hours earned in the immediately preceding 24 -month period. Employees with less than one (1) year’s continuous service shall accrue vacation but 154

9 may not use vacation until successful completion of one (1) year’s continuous service, except with the approval of the City Manager, or in the event of a City Hall holiday closure, with approval of the Human Resources Director. Employees whose accumulated vacation reaches the above -defined limit shall receive no additional vacation accrual until such time as the accumulated vacation hours fall below the allowable limit.

C. Vacation Conversion. An employee may convert up to 50% of their current annual vacation accrual into pay in lieu of time off with pay on an annual basis. An employee requesting such conversion must meet the eligibility requirements as set forth in Section 19(B) and may convert twice in a fiscal year, within the cap provisions stated above. Any exception to this provision requires the approval of the Human Resources Director.

D. Vacation Payout Upon Termination. Employees who terminate their employment with the City shall be paid for all accrued vacation, if any, and the prorated portion of their final accrual.

Prorated vacation shall be on the basis of one-twelfth (1/12) of the employee's annual vacation pay for each full month of service.

SECTION 20. PART -TIME, TEMPORARY, AND SEASONAL EMPLOYEES ELIGIBILITY FOR FRINGE BENEFITS.

A. Definitions. Nothing contained herein shall guarantee to any employee a specified number of hours per day or days per week or weeks per year or months per year of work.

1) Regular part-time employees shall be those employees scheduled in the budget to work 20 or more hours per week on a year-round basis (52 weeks minus approved leave).

2) Temporary part-time employees shall be those employees scheduled in the budget to work less than 20 hours per week on a year -round basis (52 weeks minus approved leave).

3) Seasonal employees shall be those employees who are scheduled in the budget to work on less than a year-round basis regardless of hours worked.

B. Entitlement to Fringe Benefits Based Upon Proration of Hours. Regular part-time employees shall receive fringe benefits in proportion to the number of hours an employee is scheduled to work to the normal 40-hour week on an annual basis.

The annual schedule for all eligible part -time employees shall be the schedule which is included in the City's approved budget or a schedule which is designated by Management at the commencement of the employee's employment with the City. This formula o f proration shall apply to holiday pay, vacation, sick leave, flexible benefit contribution, disability insurance contribution, money purchase retirement plan, and CalPERS retirement contribution.

Regular part-time employees may receive step increases pro vided they have performed 2080 hours of service.

C. Temporary and seasonal employees shall be entitled to receive no fringe benefits provided for in the resolution or in any resolution of the City unless otherwise required by law.

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10 SECTION 21. LEAVES OF ABSENCE.

A. Leave of Absence Without Pay. For all regular employees as described herein, the following Leave Without Pay procedure shall apply:

1) After all available lea ve benefits, including vacation, administ rative leave, floating holiday, compensatory time, sick leave, and other leave benefits have been completely used, a regular employee, not under suspension, may make written application to the Department Head for leave without pay or benefits. No such leave will be considered absent a written application from the employee requesting leave.

2) If the Department Head and the Human Resources Director agree that such leave is merited and in the interest of the City, leave may be granted for a period not to exceed six (6) months following the date of expiration of all other allowable leave benefits.

The employee shall not be continued “in servi ce” as that term is defined in this Resolution.

3) No employment or fringe benefits such as sick leave, vacation, health insurance, retirement, or any other benefits shall accrue to any employee on leave of absence without pay except as denoted under Section 21(I). During such leave in excess of five (5) working days, no seniority shall be accumulated.

4) Subject to and consistent with the conditions of the group health, life or disability plan, coverage may be continued during a leave, provided direct payment of the total premium by the employee is made through and as prescribed by the Payroll Division.

The City will pay up to six (6) months of the Flexible Benefit Plan contribution for employees who are on long term disability leave.

5) At the end of any approved leave, if the employee desires additional leave, written application must be made through the Department Head to the Human Resources Director at least ten (10) days before the end of the approved leave, stating the reasons why the additional leave is required and why it would be in the best interests of the City to grant such leave of absence. If such additional leave is merited and would still preserve the best interests of the City, the Human Resources Director may approve such extension of the leave of absence for a period up to, but not to exceed, an additional six (6) months.

6) If the employee does not return to work prior to or at the end of such leave of absence or extension of leave of absence, the employee shall be considered as having abandoned their employment with the City and shall be terminated.

7) An employee on leave of absence must give the City at least seven (7) days’ written notice of their intent to return to work prior to returning to work.

8) Any employee who engages in outside employment during said leave of absence without prior notification and approval of the Human Resources Director and Department Head may be subject to termination.

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11 9) Any employee who falsifies the reason for the request for said leave of absence may be terminated.

10) Such leave shall be granted on the same basis for pregnancy, childbirth, and other medically related conditions, except that such an employee shall retain their seniority rights.

11) Forms setting forth the benefits available or such other pertinent information shall be maintained for distribution in the Human Resources Department.

12) The City Manager will allow an employee to take a leave of absence without pay during a City Hall holiday closure without having to exhaust all accrued leave benefits on the books. During said closure, employees will not see a reduction in benefits, inclu ding no loss of eligibility for holiday pay, if Leave Without Pay hours are used during the closure (i.e. the day after Christmas and/or working day before the New Year’s day.)

B. Jury Duty and Services as Witness for City. When required to serve on a jury, all employees shall be provided with paid time off for a period of actual service required on the jury, provided all jury fees paid to the individual employee, less allowed automobile expenses, are turned over to the Cit y. Once an employee has completed jury service, the employee must provide the Certificate of Jury Service to the immediate supervisor to qualify for jury duty compensation. If an employee is called as a witness on behalf of the City, the employee shall receive their normal pay for the time spent by the employee serving as a witness for the City.

An employee shall be required to pay any witness fees that accrue to the employee for witness service to the City as a condition of receiving normal pay while serving as a wi tness for the City. Any exceptions to this provision must meet the approval of the Human Resources Director.

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

D. Sick Leave. Sick leave with pay shall be allowed, credited, and accumulated in accordance with the following:

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

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

3) Sick leave will be charged at the rate of one-quarter (¼) hour for each one-quarter (¼) hour an employee is absent.

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12 4) Employees who promote to Top Management shall have all their sick leave hours placed into a sick leave accrual bank.

5) Any employee eligible for sick leave with pay may use such leave for the following reasons:

(a) Medical and dental office appointments during work hours when authorized by the Department Head or a duly authorized designee; and/or

(b) Personal illness or physical incapacity resulting from causes beyond the employee's control, in addition to pregnancy, childbirth, and other medically related conditions.

6) Sick Leave Application. Sick leave may be applied only to absence caused by illness or injury of an employee and may not extend to absence caused by illness or injury of a member of the employee's family except as provided for in Subsection E below.

7) Sick Leave Charged. In any instance involving use of a fraction of a day's sick leave, the minimum charged to the employee's sick leave account shall be one -quarter (¼) hour, while additional actual absence of over one-quarter (¼) hour shall be charged to the nearest one-half (½) hour. Sick leave shall only be used for the purposes stated and the Department Head shall be responsible for control of employee abuse of the sick leave privilege.

Employees may, upon prior notice and in the complete discretion of the Department Head, be required to furnish a certificate issued by a licensed physician or nurse or other satisfactory written evidence of any subsequent illness.

8) Sick Leave Payout Program. Unused sick leave shall be paid off according to the following:

(a) Employees with sick leave usage of 0.0 to 27.0 hours per payroll calendar year will have the option to convert 40 hours of their unused sick leave to vacation in the first pay period of the following payroll calendar year.

(b) Employees with sick leave usage of 27. 25 to 36.0 hours per payroll calendar year may convert 30 hours of unused sick leave to vacation the following year.

(c) Employees must have a minimum balance of 180 hours of sick leave, combining both sick leave banks, available after conversion. In addition, no hours will be converted to vacation if said conversion places the employee’s vacation bank over the maximum allowable accrual. Conversion of sick leave to vacation shall occur in the first pay period of the following payroll calendar year based upon sick leave usage during the previous payroll calendar year.

(d) Any sick leave converted to vacation shall be subject to the provisions described in Section 1 9. The employee must file a sick leave payout designation form each year, if eligible for the conversion of unused sick leave to vacation. If no designation form is filed, the hours will automatically remain in the employee's 158

13 new sick leave accumulation account. Employees shall still be subject to the maximum vacation accrual at any given time equivalent to 24 months’ worth of accrued hours. Any request to convert which exceeds the maximum vacation accrual allotted shall not be converted to vacation and shall remain in the employee’s sick leave bank.

(e) Upon retirement from employment with the City and entering CalPERS as a retired annuitant, an employee with a minimum of five (5) years of continuous service to the City shall receive pay for 50% of all unused sick leave hours. The cash value of this unused sick leave payout will be deposited into the employee’s Retirement Health Savings Plan account, as described in Section 24(C).

(f) Upon separation of employment from the City for any reason, other than retirement as noted in the preceding paragraph an employee shall receive no pay for the first 100 hours (0 to 100 hours) of accrued sick leave, but shall receive 25% pay for up to the next 100 hours, (101 to 200 hours) of accrued sick leave, and 50% pay of any remaining sick leave (201 to 352 hours). No pay shall be received for any accruals higher than 352 hours.

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

E. Family Leave. In accordance with the California Family Sick Leave and Paid Sick Leave Acts, an employee is allowed up to forty-eight (48) hours of family leave per calendar year for family illness which shall be charged against the employee's accumulated sick leave. Family as used in this subsection is limited to any relation by blood, marriage or adoption who is a member of the employee’s household (under the same roof); and any parent, substitute parent, parent -in- law, spouse, registered domestic partner, child, brother, sister, grandchild or grandparent of the employee, regardless of residence. Part-time benefited employees are allowed to use up to one-half of their annual accrual of sick leave for family leave purposes.

F. Bereavement Leave. Regular full-time employees shall be entitled to take up to five (5) days of paid City bereavement leave per incident. The following terms and conditions apply:

1) Bereavement leave may only be used upon the death or critical illness where death appears to be imminent of the employee's immediate family. "Immediate family" as used in this subsection, shall be limited to any relation by blood, marriage or adoption, who is a member of the employee's household; and any parent, legal guardian, parent- in-law, brother -in-law, sister -in-law, grandparent, grandchild, aunt, uncle, spouse, registered domestic partner, child, brother, or sister of the employee regardless of residence.

2) Days of absence due to bereavement leave shall not exceed five (5) working days per incident and shall not be deducted from the employee's accumulated sick leave. An employee on bereavement leave shall inform the immediate supervisor of the fact and the reasons therefor as soon as possible. Failure to inform the immediate supervisor 159

14 within a reasonable period of time may be cause for denial of bereavement leave with pay for the period of absence.

G. Workers’ Compensation Leave for Safety Employees. For the classifications of Fire Chief and Police Chief, salary continuance, including Labor Code Section 4850 leave, will be provided in accordance with current State Workers’ Compensation laws and regulations.

H. Workers’ Compensation Leave for Non-Safety Employees. For the remaining classifications described in Append ices A and B herein, Workers’ Compensation leave shall be granted as follows:

1) A regular employee shall be granted temporary disability leave in accordance with the current State Workers’ Compensation laws and regulations. When a City employee is entitled to receive temporary disability payments, the City will contribute additional compensation to allow the employee to receive 100% of their regular rate of pay, or provide full salary continuance, for the first 365 days starting from the date of injury.

Temporary disability leave in excess of 365 days will be provided subject to curre nt State Workers’ Compensation laws and regulations.

2) Should it be determined by the employee’s doctor, or an agreed doctor by both parties, or an Administrative Law Judge through the Workers’ Compensation Appeals Board that an employee's illness or injury did not arise in the course of the employee's employment with the City and/or that the employee is not tempor arily incapacitated, then the employee's accrued, or if insufficient, future sick leave , shall be charged to reimburse the City for any payments made to the employee pursuant to above.

3) An employee receiving benefits pursuant to Workers’ Co mpensation Temporary Disability will continue to receive the City’s contribution to the employee’s medical, dental, vision and other applicable insurances. All authorized deductions will continue as though the employee is on regular work status. If the employee has exhausted Temporary Disability benefits, the employee shall be responsible for paying the full premium for the employee’s medical, dental, vision, and other applicable insurances.

4) Temporary Disability leave shall expire when the first of any of the following conditions occur:

(a) The employee is able to return to work and assume the duties of the regular position.

(b) The employee is able to return to work to another position designated by the City.

(c) The day before the employee is retired or separated for disability. The employee's "retirement date" shall be determined by CalPERS.

5) Before a work -related injury, an employee may elect to pre -designate a qualified medical provider if done in accordance with Workers’ Compensation laws and regulations.

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15 I. Family Care and Medical Leave (FCML). State and Federal laws require the City to provide family and medical care leave for eligible employees. The following provisions set forth employees' and employer's rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 (FMLA) and the regulations of the California Fair Employment and Housing Commiss ion implementing the California Family Rights Act (CFRA) (Government Code Section 12945.2). Unless otherwise provided, "Leave" under this article shall mean leave pursuant to the FMLA and CFRA. An employee's request for leave is subject to review and final approval of the Human Resources Director.

1) Amount of Leave. Eligible employees are entitled to a total of 12 work weeks of leave during any 12-month period. An employee's entitlement to leave for the birth or placement of a child for adoption or foster care expires 12 months after the birth or placement.

The 12 -month period for calculating leave entitlement will be a "rolling period" measured backward from the date leave is taken and continues with each additional leave day taken. Thus, whenever an employee requests leave, the City will look back over th e previous 12 -month period to determine how much leave has been used in determining how much leave a member is entitled to.

2) Use of Other Accrued Leaves While on Leave. If an employee requests leave for any reason permitted under the law, the employee must exhaust all accrued leaves (except sick leave) in connection with the leave. This includes vacation, holiday, and other compensatory accruals. If an employee requests leave for the employee’s own serious health condition, in addition to exhausting accrued leave, the employee must also exhaust sick leave. The exhaustion of accrued leave will run concurrently with the Family Care and Medical Leave.

3) Required Forms. Employees must fill out required forms, available in the Human Resources Department, including: Request for Family or Medical Leave; Medical Certification; Authorization for Payroll Deductions for benefit plan coverages (if applicable); and Fitness-for-Duty to return from leave.

SECTION 22. HEALTH INSURANCE.

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

A. Retired Annuitant. The City shall contribute toward the payment of premiums under the CalPERS Health Benefits Plan to each eligible retire d annuitant of CalPERS to the extent required by law, a contribution of $157.00 per month ($158.00 for 2025). This contribution shall be adjusted annually on January 1 st to the amount set by the CalPERS Board of Administration.

B. Flexible Benefits Plan. The City shall provide a Section 125 Flexible Benefits Plan for active full-time and part-time eligible employees and pay the following monthly amounts to provide funds for optional health plans , dental plans, vision plans, health care reimbursement, dependent care, or cash as established by the Internal Revenue Service. The following amounts 161

16 include the minimum amount required under PEMCHA, which is $157.00 per month ($158.00 for 2025). This contribution shall be adjusted annually on January 1st to the amount set by the CalPERS Board of Administration.

C. Any amounts in excess of the amount designated in Section 22B necessary to maintain benefits under any benefits plan selected by the employee shall be borne by the employee.

D. An employee cannot be enrolled in the CalPERS Health Benefits Plan if a spouse is enrolled in the City or enrolled in an agency with CalPERS health, unless the employee (or the spouse) is enrolled without being covered as a family member. Additionally, an employee may choose not to be enrolled in the Health Benefits Plan. If an employee chooses to not be enrolled in the health plan, the employee must provide proof, as determined by the Human Resources Director, that comparable medical insurance is in full force and effect. Based on determination that insurance is in full force and effect, eligible employees shall receive the amount designated below.

1) Employees who were members of Top Management on or before December 31, 2020, OR have a hire date prior to July 1, 2019 (with the exception of the Police Chief and Fire Chief), shall receive indefinitely a capped fixed amount towards the Flexible Benefit Plan as follows: Executive Management shall receive $2,265.00 per month, and members of Senior Management shall receive $1,955.00 per month.

2) Employees in the classifications of Police Chief or Fire Chief with a hire date prior to March 29, 2020, shall receive indefinitely a capped fixed amount of $2,265.00 per month towards the Flexible Benefit Plan.

3) For employees that do not meet the criteria of paragraphs 1 or 2 above, Executive Management shall receive $750.00 per month, and members of Senior Management shall receive $500.00 per month.

In the event the employee loses eligibility (with documentation), the employee must enroll in the CalPERS Health Benefits Plan pursuant to their rules and regulations. Failure to do so within sixty (60) days, shall result in the City seeking reimbursement of said contributions.

SECTION 23. OTHER INSURANCES.

A. Life Insurance.

1) For Executive Management , the City shall contribute the full premium towards a $200,000.00 life insurance benefit.

2) For Senior Management , the City shall contribute the full premium towards a $100,000.00 life insurance benefit.

Effective Date Executive
Management
Senior
Management
January 1, 2024 $2,340.00 $2,030.00
January 1, 2025 $2,440.00 $2,130.00
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17 B. Disability Insurance. The City shall provide a long-term disability plan with a long-term disability benefit of two-thirds of salary, after a 60 -day elimination period, to a maximum of $12,000.00 per month for Executive Management, and a maximum of $10,000.00 per month for Senior Management.

C. Medicare Insurance. The City shall pay for the employee's portion of the contribution for Medicare coverage for all employees hired after March 31, 1986.

SECTION 24. RETIREMENT.

A. The City participates in the California Public Employees’ Retirement System (CalPERS). This participation shall include, but is not limited to, the following retirement benefits:

1) Miscellaneous Retirement Formula – New Members. Miscellaneous employees who are New Members of CalPERS as defined by California Government Code Section 7522.04(f) are subject to the 2% @ age 62 retirement formula as set forth in California Government Code Section 7522.20. These New Members are subjec t to the three (3) year final compensation measurement period as set forth in California Government Code Section 7522.32. These New Members shall contribute half of normal cost of retirement as determined by CalPERS from their pensionable compensation, on a pre- tax basis, as set forth in California Government Code Section 7522.30. In all other respects, New Members shall be subject to the terms and requirements of Public Employees’ Pension Reform Act (PEPRA).

2) Miscellaneous Retirement Formula – Classic Members. Miscellaneous employees who are not defined as New Members as outlined in S ubsection 1 above are defined as Classic Members of CalPERS and are subject to the 2.7% @ age 55 retirement formula as set forth in Section 21354.5 of the California Government Code. These Classic Members are subject to the one (1) year final compensation measuremen t period set forth in California Government Code Section 20042. These Classic Members shall contribute 8% of their compensation earnable, on a pre-tax basis.

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

4) Safety Retirement Formula – Classic Members. Safety employees who are not defined as New Members as outlined in Subsection 3 above are defined as Classic Members of CalPERS and are subject to the 3% @ age 50 retirement formula as set forth in Section 21362.2 of the California Government Code. These Classic Members are subject to the one (1) year final compensation measurement period as set forth in California 163

18 Government Code Section 20042. These Classic Members shall contribute 9% of their compensation earnable, on a pre-tax basis.

5) 1959 CalPERS Survivor Benefit. The City provide s the 1959 CalPERS Survivor Benefit at the Fourth Level Option (California Government Code Section 21574) for all covered employees. Employees shall pay their $2.00 monthly contribution through payroll deduction. The City shall pay the employer portion subject to the following limit: in the event the employer portion exceeds $6.00 monthly, employees shall pay any portion of the employer portion that exceeds $6.00 monthly.

B. Money Purchase Retirement Plan. The City provides a Money Purchase Retirement Plan for employees covered by this Resolution. The City shall contribute an amount equal to three percent (3.0%) of the employees' base salary as shown in Appendices A and B toward an IRS Section 401(a) account. In lieu of this City provided benefit, the employee may elect to have added to the employee’s base salary an additional three percent (3 .0%), however this three percent (3.0%) is not reported to CalPERS as pensionable compensation. This election can be made only upon initial employment and is irrevocable.

C. Retirement Health Savings Plan. Effective October 1, 2002, the City Council approved a Retirement Health Savings Plan for employees covered by this Resolution. Effective January 1, 2008, all Top Management employees are required to participate in the plan by making the following tax-deferred contributions to the plan:

1) The cash value of the employee’s unused floating holiday hours at the end of each calendar year or upon separation from City service;

2) The cash value of the employee’s unused administrative leave balance at the end of each calendar year or upon retirement from City service and entering CalPERS as a retired annuitant; and

3) The full cash value of the employee’s unused sick leave payout upon retirement from City service (i.e., 50% of all unused sick leave hours for qualified employees) and entering CalPERS as a retired annuitant.

SECTION 25. OTHER FRINGE BENEFITS.

A. Wellness Program. Senior Management employees may receive up to $550.00 per fiscal year, and Executive Management may receive up to $850.00, towards reimbursement for items 1, 2, 3, and/or 4 below. Requests for the items below must be approved, prior to purchase or participation, by the Human Resources Director.

1) Membership in a health/fitness club.

2) Participation in a weight loss/smoking cessation/wellness/fitness program.

3) Fitness equipment (home gym equipment).

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19 4) An annual medical examination/scan where the content and extent of the examination of each individual shall be determined by the physician in charge and shall be tailored to the individual's particular needs.

The City will not reimburse employees for any of the above listed activities for family/dependent health related expenses. Employees with a future separation date on file are ineligible for this benefit.

B. Educational Assistance. The City will reimburse employees for the cost of tuition, textbooks, parking fees, and health fees required for approved community college and college courses, as well as job-required licensing, testing, renewal, and registration fees. An approved cour se is one designated to directly improve the knowledge of the employee relative to their specific job, and must be approved by the Department Head and the Human Resources Director prior to registration. Full reimbursement up to the amount specified below will be provided based upon completion of the approved course(s) with a final grade of C or better.

Educational assistance payments to an employee shall not exceed $1,500.00 in any one fiscal year and the employee must still be employed by the City when the course is completed.

The City agrees to allow reimbursement to Executive Management up to $1,000.00, and Senior Management up to $800.00 of the $1,500.00 allotted per fiscal year for activities which aid in their professional development. Reimbursable activities include the following:

1) Attendance at job-related professional conferences and seminars;

2) Payment of membership dues in community and professional organizations; and

3) Purchase of job-related professional journals, books, and other written materials which further their knowledge and improve their effectiveness in their duties.

Participation and/or purchase must be approved in advance by the Department Head and the Human Resources Director.

The above reimbursable activities are made to recognize and encourage staff to pursue educational and public relations-oriented activities beyond those normally budgeted for them by their departments and in which they are directed to participate. Approved activities are those which may be expected to further their knowledge of their jobs and the Orange community and which contribute to their improved effectiveness. Employees with a future separation date on file are ineligible for this benefit.

Individual departments may continue to budget funds for staff attendance at professional conferences and seminars, for payment of professional membership dues, and for the purchase of books, journals, and related written materials which enhance the staff's knowledge.

C. Uniforms. The City shall pay and report to CalPERS the following values for uniform expenses:
$1,000.00 per year for the Fire Chief, $1,000.00 per year for the Police Chief, and $400.00 per year for the Emergency Medical Services Manager and $400.00 per year for the Senior Emergency Medical Services Manager . This form of pay, also referred to as “Uniform Allowance”, shall be reported to CalPERS as special compensation, and is therefore 165

20 compensation earnable for C lassic Members pursuant to CalPERS Regulations, Section 571(a)(5). This uniform expenditure will not be reported to CalPERS as pensionable compensation for New Members hired on or after January 1, 2013, as defined by PEPRA.

D. Rideshare Incentive Program. An employee may receive $30.00 per month and eight (8) hours compensatory time every six (6) months for carpooling, using public transportation, biking, walking, or other approved modes of transportation to and from the work -site. To qualify for these incentives, an employee must use one of the above forms of transportation 70% of commuting time. This $30.00 per month compensation is not pension reportable pursuant to CalPERS Regulations.

E. Technology Stipend. In lieu of being provided a City -issued cell phone pursuant to Section

1.63 of the City’s Administrative Policy Manual, designated employees shall receive $50 .00 per month as reimbursement for any and all cost related to the purchase and use of a cell phone for City-related business. For purposes of this section, designated employees are those that the Department Head have determined are required to carry cell ph ones so that they may be contacted when they are away from their office ph one or computer. This $50.00 per month compensation is not pension reportable pursuant to CalPERS Regulations.

SECTION 26. DIRECT DEPOSIT.

All employees must participate in the City’s direct deposit paycheck program.

SECTION 27. TRAVEL EXPENSE ALLOWED.

A. Mileage Reimbursement. Expense claims for the use of private automobiles must be authorized by the Department Head, and submitted to the Accounts Payable Division of the Finance Department for reimbursement. Such use, where mileage is reimbursed, will be reimbursed at the rate per mile allowed under the current IRS regulations.

B. Out-of-City Travel. If the estimated expense of contemplated travel outside of the City is too great to expect the employee to finance the trip and be reimbursed upon the employee’s return, the City Manager may authorize advance payment of the estimated amount of the travel expense to the employee.

C. Economy class airfare will be considered standard for out-of-town travel.

D. Use of personal cars for out -of-City trips, within the State, may be approved by the City Manager when use of commercial transportation is not available or practical. If an employee prefers to use a personal car, the employee may be reimbursed mileage expenses as long as the expenses do not exceed the amount of the cost of the commercial transportation.

E. Transportation and Expense Charges. Expenses for air, rail, or public transportation will be allowed whenever such transportation is necessary for conduct of City business. In addition, the following expenses and charges will be allowed, whenever necessary, for the conduct of City business.

1) Expenses will be allowed for adequate lodging. Hotel accommodations shall be appropriate to the purpose of the trip and must be approved by the Department Head. 166

21 2) Telephone charges will be allowed for official calls.

3) Expenses for meals will be reimbursed according to Administrative Policy 4.13.

SECTION 28. GRIEVANCE PROCEDURE.

Any employee covered by this Resolution who wishes to file a grievance should follow the procedures outlined in the City’s Employee Handbook.

SECTION 29. EFFECTIVE DATES.

This Resolution and Appendices hereto shall be effective as of July 1, 2024 and shall continue in full force and effect until June 30, 2025 unless otherwise amended.

[Remainder of page intentionally left blank.]

167

22 APPENDIX A

EXECUTIVE MANAGEMENT

MONTHLY SALARY RANGES
EFFECTIVE JULY 16, 2023

4.0% Across the Board Salary Increase

5.0% Salary Increase for Fire Chief and Police Chief

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Administrative Services Director 748 14873 15634 16428 17268 18148 19073 Assistant City Manager 757 15557 16352 17183 18061 18982 19950 City Clerk Services Director 652 9214 9686 10178 10697 11244 11816 Community Development Director 738 14150 14873 15629 16427 17265 18145 Community Services Director 733 13801 14507 15244 16023 16840 17699 Finance Director 738 14150 14873 15629 16427 17265 18145 Fire Chief 763 16030 16849 17706 18610 19560 20557
Human Resources Director 733 13801 14507 15244 16023 16840 17699 Library Services Director 703 11883 12491 13126 13796 14500 15239 Police Chief 784 17802 18712 19664 20668 21722 22830
Public Works Director 738 14150 14873 15629 16427 17265 18145

EFFECTIVE AUGUST 25, 2024

3.0% Cost of Living Adjustment

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Administrative Services Director 754 15325 16109 16928 17793 18700 19653 Assistant City Manager 763 16030 16849 17706 18610 19560 20557 City Clerk Services Director 658 9494 9980 10487 11022 11585 12175 Community Development Director 744 14579 15325 16104 16927 17790 18697 Community Services Director 739 14220 14947 15707 16510 17352 18236 Finance Director 744 14579 15325 16104 16927 17790 18697 Fire Chief 769 16517 17362 18245 19177 20155 21182
Human Resources Director 739 14220 14947 15707 16510 17352 18236 Library Services Director 709 12244 12870 13524 14215 14940 15702 Police Chief 790 18344 19282 20262 21297 22383 23524
Public Works Director 744 14579 15325 16104 16927 17790 18697

168

23 APPENDIX B

SENIOR MANAGEMENT

MONTHLY SALARY RANGES

EFFECTIVE JULY 16, 2023

4.0% Across the Board Salary Increase

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Accounting Manager1 642 8766 9215 9682 10177 10696 11242 Administrative Analyst I 562 5882 6182 6498 6829 7177 7543 Administrative Analyst II 582 6499 6831 7179 7545 7930 8335 Administrative Manager2 632 8340 8766 9211 9682 10176 10694 Assistant City Attorney I 688 11027 11590 12180 12802 13455 14140 Assistant City Attorney II 698 11590 12183 12802 13456 14143 14864 Assistant Community Devel. Director 696 11475 12062 12675 13323 14002 14716 Assistant Community Services Director 683 10755 11305 11880 12486 13123 13792 Assistant Field Services Manager 663 9734 10232 10752 11300 11878 12482 Assistant Finance Director 683 10755 11305 11880 12486 13123 13792 Assistant Human Resources Director 683 10755 11305 11880 12486 13123 13792 Assistant Library Services Director 642 8766 9215 9682 10177 10696 11242 Assistant Public Works Director 708 12183 12806 13457 14145 14866 15624 Assistant to the City Manager 632 8340 8766 9211 9682 10176 10694 Assistant Water Manager 663 9734 10232 10752 11300 11878 12482 Budget Manager 632 8340 8766 9211 9682 10176 10694
Budget Officer 622 7934 8340 8763 9211 9681 10174
Building and Safety Manager 663 9734 10232 10752 11300 11878 12482 Chief Building Official 683 10755 11305 11880 12486 13123 13792 Crime Analyst 580 6435 6763 7108 7470 7851 8252
Deputy City Clerk 584 6564 6899 7251 7621 8009 8418
Deputy City Manager 696 11475 12062 12675 13323 14002 14716 Deputy Public Works Director 698 11590 12183 12802 13456 14143 14864 Economic Development Manager 683 10755 11305 11880 12486 13123 13792 Economic Development Project Manager 632 8340 8766 9211 9682 10176 10694 Emergency Manager 647 8987 9447 9927 10434 10967 11525
Emergency Medical Services Manager 647 8987 9447 9927 10434 10967 11525 Employee Benefits Analyst 575 6276 6596 6933 7286 7658 8049 Equipment Maint. Superintendent 635 8465 8898 9351 9828 10330 10856 Executive Assistant 529 4990 5244 5512 5793 6088 6399
Executive Assistant to the Chief 549 5513 5795 6089 6401 6727 7070 Field Services Manager 683 10755 11305 11880 12486 13123 13792 Finance Manager 614 7624 8014 8421 8851 9302 9776
Financial Analyst 586 6630 6969 7324 7697 8090 8503
Housing Manager 632 8340 8766 9211 9682 10176 10694

169

24 APPENDIX B (CONTINUED)

SENIOR MANAGEMENT

MONTHLY SALARY RANGES

CLASSIFICATION TITLE RANGE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Human Resources Analyst I 567 6031 6338 6662 7001 7358 7734 Human Resources Analyst II 594 6900 7253 7621 8010 8419 8848 Human Resources Manager 663 9734 10232 10752 11300 11878 12482 Information Technology Manager 683 10755 11305 11880 12486 13123 13792 Information Technology Project Manager 663 9734 10232 10752 11300 11878 12482 Intergovernmental & Comm Affairs Mgr 674 10283 10809 11359 11938 12547 13187 Internal Audit Manager 632 8340 8766 9211 9682 10176 10694 Investment/Revenue Officer 602 7181 7548 7931 8336 8762 9208 Manager of Trans Svcs/City Traffic Eng 683 10755 11305 11880 12486 13123 13792 Network/Security Analyst 613 7586 7974 8379 8807 9256 9727 Parks and Facilities Manager 663 9734 10232 10752 11300 11878 12482 Payroll Manager 632 8340 8766 9211 9682 10176 10694
Planning Manager 683 10755 11305 11880 12486 13123 13792 Principal Civil Engineer 663 9734 10232 10752 11300 11878 12482 Principal Planner 652 9214 9686 10178 10697 11244 11816 Public Affairs & Information Manager 632 8340 8766 9211 9682 10176 10694 Public Works Administrator4 632 8340 8766 9211 9682 10176 10694 Purchasing Officer 614 7624 8014 8421 8851 9302 9776
Records Manager3 562 5882 6182 6498 6829 7177 7543
Recreation Services Manager 653 9261 9734 10229 10751 11300 11875 Risk Management Analyst 565 5971 6275 6596 6931 7285 7657 Risk Manager 667 9930 10438 10969 11528 12117 12734
Senior Administrative Analyst 612 7548 7934 8337 8763 9210 9679 Senior Assistant City Attorney 718 12806 13461 14145 14868 15626 16423 Senior Assistant to the City Manager 663 9734 10232 10752 11300 11878 12482 Senior Econ Development Project Mgr 658 9494 9980 10487 11022 11585 12175 Senior Emergency Medical Svcs Mgr 683 10755 11305 11880 12486 13123 13792 Senior Executive Assistant to the City
Council and the City Manager
579 6403 6729 7073 7433 7812 8211
Senior Housing Manager 658 9494 9980 10487 11022 11585 12175 Senior Human Resources Analyst 624 8014 8423 8851 9303 9779 10276 Senior Library Manager 622 7934 8340 8763 9211 9681 10174 Systems Analyst 613 7586 7974 8379 8807 9256 9727
Water Manager 683 10755 11305 11880 12486 13123 13792

1. Classification of Accounting Manager received an equity adjustment of 5.0% pursuant to Resolution No. 11480.

2. Classification of Public Works Administrative Manager retitled to Administrative Manager effective June 18, 2023 pursuant to City Council FY 24 budget adoption and Resolution No.11480.

3. Classification of Records Man ager established effective June 18, 2023 pursuant to City Council FY 24 budget adoption and Resolution No.11480.

4. Classification of Public Works Administrator established effective March 10, 2024 pursuant to City Council FY 24 mid- year budget adoption and Resolution No 11532.
170

25 APPENDIX B (CONTINUED)

SENIOR MANAGEMENT

MONTHLY SALARY RANGES
EFFECTIVE AUGUST 25, 2024

3.0% Cost of Living Adjustment

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Accounting Manager 648 9032 9495 9977 10486 11022 11583 Administrative Analyst I 568 6061 6370 6695 7036 7395 7772 Administrative Analyst II 588 6696 7039 7397 7774 8171 8588 Administrative Manager 638 8593 9033 9491 9976 10485 11020 Assistant City Attorney I 694 11362 11942 12550 13191 13863 14570 Assistant City Attorney II 704 11943 12553 13191 13865 14572 15315 Assistant Community Devel. Director 702 11824 12429 13060 13728 14428 15163 Assistant Community Services Director 689 11082 11648 12240 12866 13522 14211 Assistant Field Services Manager 669 10030 10542 11078 11644 12239 12862 Assistant Finance Director 689 11082 11648 12240 12866 13522 14211 Assistant Human Resources Director 689 11082 11648 12240 12866 13522 14211 Assistant Library Services Director 648 9032 9495 9977 10486 11022 11583 Assistant Public Works Director 714 12553 13195 13866 14574 15318 16098 Assistant to the City Manager 638 8593 9033 9491 9976 10485 11020 Assistant Water Manager 669 10030 10542 11078 11644 12239 12862 Budget Manager 638 8593 9033 9491 9976 10485 11020
Budget Officer 628 8175 8593 9029 9491 9975 10483
Building and Safety Manager 669 10030 10542 11078 11644 12239 12862 Chief Building Official 689 11082 11648 12240 12866 13522 14211 Crime Analyst 586 6630 6969 7324 7697 8090 8503
Deputy City Clerk 590 6764 7109 7470 7852 8253 8673
Deputy City Manager 702 11824 12429 13060 13728 14428 15163 Deputy Public Works Director 704 11943 12553 13191 13865 14572 15315 Economic Development Manager 689 11082 11648 12240 12866 13522 14211 Economic Development Project Manager 638 8593 9033 9491 9976 10485 11020 Emergency Manager 653 9261 9734 10229 10751 11300 11875 Emergency Medical Services Manager 653 9261 9734 10229 10751 11300 11875 Employee Benefits Analyst 581 6467 6796 7144 7508 7890 8293 Executive Assistant 535 5141 5403 5679 5969 6273 6593
Executive Assistant to the Chief 555 5680 5970 6274 6595 6930 7284 Field Services Manager 689 11082 11648 12240 12866 13522 14211 Finance Manager 620 7856 8257 8676 9119 9585 10074
Financial Analyst 592 6831 7181 7545 7931 8336 8760
Housing Manager 638 8593 9033 9491 9976 10485 11020
171

26 APPENDIX B (CONTINUED)

SENIOR MANAGEMENT

MONTHLY SALARY RANGES

CLASSIFICATION TITLE RANGE STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Human Resources Analyst I 573 6214 6530 6864 7214 7582 7969 Human Resources Analyst II 600 7110 7473 7853 8254 8675 9116 Human Resources Manager 669 10030 10542 11078 11644 12239 12862 Information Technology Manager 689 11082 11648 12240 12866 13522 14211 Information Technology Project Manager 669 10030 10542 11078 11644 12239 12862 Intergovernmental & Comm Affairs Mgr 680 10595 11137 11703 12301 12928 13587 Internal Audit Manager 638 8593 9033 9491 9976 10485 11020 Investment/Revenue Officer 608 7399 7778 8172 8590 9028 9488 Manager of Trans Svcs/City Traffic Eng 689 11082 11648 12240 12866 13522 14211 Network/Security Analyst 619 7817 8216 8633 9074 9538 10023 Parks and Facilities Manager 669 10030 10542 11078 11644 12239 12862 Payroll Manager 638 8593 9033 9491 9976 10485 11020
Planning Manager 689 11082 11648 12240 12866 13522 14211 Principal Civil Engineer 669 10030 10542 11078 11644 12239 12862 Principal Planner 658 9494 9980 10487 11022 11585 12175 Public Affairs & Information Manager 638 8593 9033 9491 9976 10485 11020 Public Works Administrator 638 8593 9033 9491 9976 10485 11020 Purchasing Officer 620 7856 8257 8676 9119 9585 10074
Recreation Services Manager 659 9541 10030 10539 11077 11643 12236 Risk Management Analyst 571 6152 6466 6795 7143 7507 7889 Risk Manager 673 10232 10755 11302 11879 12485 13121
Senior Administrative Analyst 618 7778 8175 8590 9029 9490 9974 Senior Assistant City Attorney 724 13195 13870 14575 15320 16101 16922 Senior Assistant to the City Manager 669 10030 10542 11078 11644 12239 12862 Senior Econ Development Project Mgr 664 9782 10283 10806 11357 11937 12545 Senior Emergency Medical Svcs Mgr 689 11082 11648 12240 12866 13522 14211 Senior Executive Assistant to the City
Council and the City Manager 585 6597 6934 7287 7659 8050 8461 Senior Housing Manager 664 9782 10283 10806 11357 11937 12545 Senior Human Resources Analyst 630 8257 8679 9120 9586 10075 10588 Senior Library Manager 628 8175 8593 9029 9491 9975 10483 Systems Analyst 619 7817 8216 8633 9074 9538 10023
Water Manager 689 11082 11648 12240 12866 13522 14211

172
RESOLUTION NO. 11574

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE RESCINDING RESOLUTION
NO. 11562 AND AMENDING THE CITYWIDE PAY

SCHEDULE IN ACCORDANCE WITH THE

REQUIREMENTS OF CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 570.5

WHEREAS, the City of Orange, (“City”), contracts with the California Public Employees’ Retirement System to provide retirement benefits for its employees; and

WHEREAS, per California Code of Regulations, Title 2, Section 570.5 (“Regulation 570.5”), the amount of “compensation earnable” pursuant to the Government Code is limited to the payrate listed on a pay schedule that meets certain requirements; and

WHEREAS, the attached Citywide Pay Schedule meets the following requirements of Regulation 570.5: (1) is duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meeting laws; (2) identifies the position title of every employee; (3) shows the pay rate for each position; (4) indicates the time base for each pay rate; (5) is posted at the office of the employer or immediately accessible for public review during normal business hours or posted on the employer’s internet website; (6) indicates an effective date and date of any revisions; (7) is retained by the employer and available for public inspection for a period not less than five years; and (8) does not reference another document in lieu of disclosing the pay rate; and

WHEREAS, on August 27 , 202 4, the City Council approved Resolution No. 11573, relating to the classification, compensation, and terms of employment of Executive Management and Senior Management Employees, with an effective date of August 25, 2024.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that Resolution No. 11562 is here by rescinded and the attached revised Citywide Pay Schedules are approved and incorporated.

ADOPTED this 27th day of August 2024.

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange
173
2 APPROVED AS TO FORM:

Mike Vigliotta, City Attorney, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

Attachments:

Attachment A - Citywide Pay Schedule – August 25, 2024

174

Attachment A
175
ii

Attachment A (Continued)
176
iii

Attachment A (Continued)
177

Attachment A (Continued)
178
Agenda Item
City Council
Item #: 8.2. 8/27/2024 File #: 24-0504
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Consideration of the reinstatement and funding of the 2024 Treats in the Streets Autumn Festival.

2. SUMMARY
Consider the reinstatement of the 2024 Treats in the Streets Autumn Festival and provide direction to staff. Should the event be reinstated, approve the appropriation of $53,644 to fund the event.

3. RECOMMENDED ACTION

1. Provide direction regarding the reinstatement of the 2024 Treats in the Streets Autumn Festival considering an event total cost of $67,785.

2. If reinstated, authorize the appropriation of $53,644. from General Fund (100) unreserved fund balance to:
100.7015.51670.00000 Other Professional & Consulting Services

4. FISCAL IMPACT
The total expenditure for the event is $67,785 and will be funded through General Fund (100). Upon approval of this appropriation, the estimated Fiscal Year 2024-25 General Fund deficit will be $6,745,482 million.

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

Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces.

6. DISCUSSION AND BACKGROUND
At the June 25th City Council meeting, as part of the Fiscal Year 2024-25 (FY25) budget adoption, the City Council voted to cancel all City-Sponsored events effective July 4, 2024 unless a non-profit organization committed to sponsoring an event in its entirety or was interested in taking over the event.

At the August 13th City Council meeting, during the discussion regarding the FY25 Proposed Budget Amendment No. 1, which formalized the reductions associated with the City Council’sdirection to cancel all city-sponsored events, the City Council expressed interest in reinstating the 2024 Treats in City of Orange Printed on 8/22/2024Page 1 of 2
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179
Item #: 8.2. 8/27/2024 File #: 24-0504
cancel all city-sponsored events, the City Council expressed interest in reinstating the 2024 Treats in the Streets Autumn Festival (Treats), as the event had not yet been sponsored or funded.

The total cost for the event is $67,785 which includes:

Item Cost Description
Staffing $35,140 Staff from Community Services, Public Works, Code Enforcement, Police, and Fire
Plaza Street Closure $16,275 Meridian Barriers, K-rails, etc.

Activities/Supplies $15,420 Kids activities, portable restrooms, table/chair rentals, DJ services, etc.

Contingency $ 950 3% contingency of vendor costs for unexpected/unplanned Expenses
During the August 13th City Council meeting, Council voted to approve the reductions associated with the remaining FY25 special events, with the exception of $14,141 for Treats which only covers approximately 21% of the total event costs.

At this time, staff is seeking direction from Council on the reinstatement of Treats for 2024. If the event is reinstated, staff recommends the City Council appropriate the remaining unbudgeted balance of the event costs in the amount of $53,644 in addition to the already budgeted $14,141.

Staff will continue to evaluate opportunities to reduce costs while maintaining event safety. Any unused funds will be returned to the General Fund

7. ATTACHMENTS
· None
City of Orange Printed on 8/22/2024Page 2 of 2
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180
Agenda Item
City Council
Item #: 8.2. 8/27/2024 File #: 24-0504
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Consideration of the reinstatement and funding of the 2024 Treats in the Streets Autumn Festival.

3. RECOMMENDED ACTION

1. Provide direction regarding the reinstatement of the 2024 Treats in the Streets Autumn Festival considering an event total cost of $67,785.

2. If reinstated, authorize the appropriation of $53,644. from General Fund (100) unreserved fund balance to:
100.7015.51670.00000 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 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces.

At the August 13th City Council meeting, during the discussion regarding the FY25 Proposed Budget Amendment No. 1, which formalized the reductions associated with the City Council’sdirection to cancel all city-sponsored events, the City Council expressed interest in reinstating the 2024 Treats in City of Orange Printed on 8/22/2024Page 1 of 2
powered by Legistar™
181
Item #: 8.2. 8/27/2024 File #: 24-0504
cancel all city-sponsored events, the City Council expressed interest in reinstating the 2024 Treats in the Streets Autumn Festival (Treats), as the event had not yet been sponsored or funded.

The total cost for the event is $67,785 which includes:

Item Cost Description
Staffing $35,140 Staff from Community Services, Public Works, Code Enforcement, Police, and Fire
Plaza Street Closure $16,275 Meridian Barriers, K-rails, etc.

Activities/Supplies $15,420 Kids activities, portable restrooms, table/chair rentals, DJ services, etc.

Staff will continue to evaluate opportunities to reduce costs while maintaining event safety. Any unused funds will be returned to the General Fund

7. ATTACHMENTS
· None
City of Orange Printed on 8/22/2024Page 2 of 2
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182
Agenda Item
City Council
Item #: 9.1. 8/27/2024 File #: 24-0474
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Introduction and First Reading of an ordinance repealing and replacing Chapter 12.48 of the Orange Municipal Code pertaining to parks. Ordinance No. 24-24.

2. SUMMARY
Proposed Ordinance No. 24-24 codifies relevant Director’sOrders, updates language to meet current law, and address new park amenities.

3. RECOMMENDED ACTION
Introduce and conduct First Reading of Ordinance No. 24-24. An Ordinance of the City Council of the City of Orange repealing and replacing Chapter 12.48 of the Orange Municipal Code pertaining to parks.

4. FISCAL IMPACT
None.

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

6. DISCUSSION AND BACKGROUND
The Orange Municipal Code Chapter 12.48 regarding Park Regulations was last revised in 2004. The ordinance being introduced would repeal and replace Chapter 12.48 with language to codify all relevant Director’s Orders, meet current law, and address new park amenities.

7. ATTACHMENTS
· Ordinance No. 24-24
City of Orange Printed on 8/22/2024Page 1 of 1
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183
Agenda Item
City Council
Item #: 9.1. 8/27/2024 File #: 24-0474
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Introduction and First Reading of an ordinance repealing and replacing Chapter 12.48 of the Orange Municipal Code pertaining to parks. Ordinance No. 24-24.

2. SUMMARY
Proposed Ordinance No. 24-24 codifies relevant Director’sOrders, updates language to meet current law, and address new park amenities.

4. FISCAL IMPACT
None.

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

7. ATTACHMENTS
· Ordinance No. 24-24
City of Orange Printed on 8/22/2024Page 1 of 1
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184

ORDINANCE NO. 24-24

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ORANGE REPEALING AND REPLACING
CHAPTER 12.48 OF THE ORANGE MUNICIPAL
CODE PERTAINING TO PARKS.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I:

Chapter 12.48 is hereby repealed and replaced in its entirety as follows:

Chapter 12.48

PARK ORDINANCE

Sections:

12.48.010 Applicability.

12.48.015 Definitions.

12.48.020 Parking Vehicles in Park Public Parking Lots.

12.48.025 Obedience to Park Officer.

12.48.030 Use of Alcoholic Beverages.

12.48.035 Fishing and Use of Park Waters.

12.48.040 Defacing or Damaging Park Property.

12.48.045 Camping Prohibition.

12.48.050 Prohibition on the Use of Firearms, Firecrackers and Dangerous Instruments.

12.48.055 Animals and Pets.

12.48.056 Dogs generally.

12.48.060 Games.

12.48.065 Sanitation.

12.48.070 Prohibition of Motorized Vehicles And Motorized Devices.

12.48.075 Swimming and Bathing Prohibition.

12.48.080 Selling, Soliciting and Advertising.
12948.085 Fires.

12.48.090 Hours.

12.48.095 Obstruction of Park Walks or Pathways.

12.48.100 Public Restrooms.

12.48.105 Permits Required.

12.48.110 Permits; Appeal.

12.48.115 Revocation of Permit.

12.48.120 Rules and Regulations.

12.48.125 Violations — Misdemeanor.
185
2 12.48-130 Closure of Park Facilities.

12.48.135 Failure to Obtain Required Permit.

12.48.140 Priority of Use.

12.48-145 Exhibiting Permit.

12.48.150 Severability.

12.48.155 Storage of Property Prohibited in Parks.

12.48.160 Repairs and Sales of Bicycles and Bicycle Parts.

12.48.165 Prohibited Activities.

12.48.170 Use of Skate Park Facilities Located on Property Owned by the City.

12.48.010 Applicability.

The rules and regulations prescribed in this chapter shall govern public parks, playgrounds, and recreation facilities in the City, including Plaza Square.

12.48.015 Definitions.

For purposes of this Chapter, the following terms shall have the meanings as set forth herein unless the context in which they are used clearly indicates a contrary meaning:

"Department" shall mean the City of Orange Community Services Department.

"Director" shall mean the Director of the Department of Community Services or their designee.

"Person" shall mean every person, firm, corporation, group of persons, or organization.

"Park" means any public park or any portion thereof, including body of water, land, recreation, playground area, or any building thereon within the City of Orange owned and maintained by the City as a public park whether or not such has been formally dedicated for such purpose.

"Pollution" means the contamination or other alteration of the physical, chemical, or biological properties of Park lands and/or waters.

"Camping" means the use of public streets or public property for living accommodation or habitation purposes such as sleeping activities, or making preparations to sleep, including but not limited to the laying down of bedding for purposes of sleeping or using or storing personal belongings such as non-designated City cooking equipment, camping stoves, portable barbecues, sleeping bags, cots, beds, hammocks, extra clothing, or personal items when it reasonably appears, in light of all the circumstances, tha t the participants, in conducting these activities, are, in fact, using the public street or public property for living accommodation or habitation purposes.

"Alcoholic Beverage" shall mean alcohol, spirits, liquor, wine, beer, and every liquid or solid containing one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

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3 "Food Distribution to the Public" means a temporary operation or undertaking by a person for the purpose of offering, distributing, or dispensing with or without charge therefor, food and/or beverages for consumption by the general public which uses the pa rk or park facility for such activity. This activity shall not include any contract, lease, or other agreement for a concession or similar operation or enterprise approved by the Director or City Council.

"Athletic Facilities" shall mean those areas of a park designated for the purposes of athletic play on or at facilities such as, but not limited to sports courts and fields.

12.48.020 Parking Vehicles in Park Public Parking Lots.

A. No person shall between the hours of 11:00 p.m. and 5:00 a.m., stop, park, or leave standing any vehicle whatsoever in any of the public parking lots of any Park.

B. Any vehicles stopped, parked, or left standing in violation of this section shall be subject to enforcement by way of a parking citation, and/or an administrative fine and/or being towed away at the owner's expense.

C. No person shall assemble, gather, or congregate in such a manner as to obstruct any parking lot within a Park including, but not limited to, blocking the entrance or exit of the parking lot or any parking space.

D. Oversize vehicles described as 25 feet or over in length or 9 feet or wider in width are not permitted in any Park without a permit as referenced in Orange Municipal Code section

12.48.105 or permission of the Director. A vehicle pulling a trailer will also be considered an oversized vehicle.

E. Appropriate signs shall be posted in and about the parking lots specifying the parking rules and/or prohibitions and that vehicles in violation thereof shall be subject to citation and/or towing.

12.48.025 Obedience to Director.

It is a violation of this Chapter for a ny person to refuse t o comply with any lawful order of the Director in the enforcement of any provision of this Chapter.

12.48.030 Use of Alcoholic Beverages.

No person shall:

A. Bring, possess, consume, or sell any alcoholic beverages in any Park or Park facility except in the course of an approved permit issued by the Director.

B. Enter, be, or remain in any Park or Park facility when under the influence of any intoxicating liquor or drug or otherwise be inebriated.

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4 12.48.035 Fishing and Use of Park Waters.

No person shall:

A. Except as otherwise provided, fish in or take any fish at any time from the waters of any Park or Park facility by any means whatsoever except at places as designated by the Director.

B. The Director may designate Park areas that may be used for fishing and may prescribe and enforce all reasonable rules, regulations and restrictions pertaining thereto.

C. Pollute any water in the Park, including fountains, lakes, or ponds.

12.48.040 Defacing or Damaging Park Property.

No person shall:

A. Willfully mark, deface, or injure in any manner, or displace, or remove, or tamper with any building, monument, fence, bench, walkway, bike trail, parking lot, equipment or other permanent or temporary infrastructure in a Park.

B. Willfully dig, cut, saw, chop, carve, injure, move, or remove from any Park or Park area any sand, wood, turf, grass, gravel, flower or any other vegetation within any Park

12.48.045 Camping Prohibition.

No Person shall:

A. Camp in a Park, including but not limited to outside and/or in a vehicle/recreational vehicle except by permit or under the auspices of a program of the Department of Community Services.

B. Maintain, erect or permit the erection of any hut, shanty, tent, tarpaulin, or any other type of temporary structure under his /her control in any park except with a permit from the Department of Community Services or as part of an approved recreation activity.

12.48.050 Prohibition on the Use of Firearms, Firecrackers and Dangerous Instruments.

No person shall:

A. Except an authorized law enforcement officer, bring, use, ca rry, or possess upon Park property, other than at such firing ranges as may be specifically designated by the Director, any firearms of any description, or air rifles, bow -and-arrows, spring guns, slings, or any other forms of weapons potentially inimical to wildlife and dangerous to human safety.

B. Carry or discharge any firecracker, rocket, or torpedo or any other fireworks except as approved for that purpose by the Director.
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5 C. Shoot into Park areas from beyond park boundaries any items identified in subsection B referenced above.

12.48.055 Animals and Pets.

No Person shall:

A. Ride, lead, or drive a horse, mule, donkey, pony or bovine animal except on designated paths or trails or as approved for that purpose by the Director.

B. Let loose, abandon, or bring into any Park except on leash and not more than six feet long, any animal, reptile, or fowl of any kind. This prohibition shall not apply to service dogs used by a handicapped person, provided that such service dog is at all times kept under control.

C. Let loose or bring any non-domesticated unless permitted by the City.

D. Willfully frighten, molest, injure, chase, capture, or annoy, any animal or bird in any Park.

12.48.056 Dogs Generally.

A. For purposes of this section, the following words and phrases have the meanings set forth below.

B. No person shall permit his or her dog(s) to be in or upon any public street, sidewalk, Park or other public place unless such dog(s) is upon a secure leash not more than six (6) feet long held continuously in the hands of a person capable of controlling the dog, or unless the dog is securely confined within an automobile; provided, however, that this subsection shall not apply to a person who is in the possession or operating within the terms of a valid permit from the City to conduct obedience classes or other types of trial or show of dogs in or upon any public place. This subsection shall not apply to dogs under the control of a responsible person in a designated dog park. This subsection shall not apply to service dogs used by a visually handicapped person, provided that such service dog is at all times kept under control.

C. Dog owners (or persons responsible for the dog) shall clean up after their dog(s) and remove all dog feces left by their dog(s) upon any public street, sidewalk, Park or other public place, or any private property not owned by the responsible person, and dispose of it in a sanitary and proper manner.

D. In addition to such other regulations that may be adopted from time to time by the Director, the following regulations and limitations shall apply to all designated dog parks:

1. No responsible person shall have more than three (3) dogs at once in a designated dog park.

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6 2. Designated dog parks will be open from dawn to dusk and may be closed as posted for maintenance. The operational hours may be adjusted as conditions require or as approved by the Director.

3. All responsible persons shall, at all times, take all reasonable precautions to prevent their dog(s) from biting, attacking or attempting to bite or attack any person or dog. A responsible person shall immediately remove his dog from the designated dog park if it bites, attacks or attempts to bite or attack any person or dog.

4. Any dog over the age of four (4) months must be healthy, vaccinated, legally licensed and wearing identification tags prior to use of any designated dog park. Dogs under the age of four (4) months are prohibited from any designated dog park area pursuant to Section 121690 of the California Health & Safety Code.

5. Female dogs in heat are not permitted in any designated dog park.

6. Dogs under the age of four (4) months are not permitted in any designated dog park.

7. There shall be no f ood or food products, whether intended for human or dog consumption, in any designated dog park.

8. All responsible persons using a designated dog park must have a leash in their possession at all times for each of their dog(s) in the designated dog park, which shall be worn by the dog(s) at all times when the dog(s) is not in the designated dog park.

9. All responsible persons shall also comply with all rules governing City Parks and relevant parking regulations.

10. Use of any designated dog park by a responsible person and his dog(s) shall constitute, implied consent of the responsible person to all of the conditions set forth in this section,

11. While inside the boundaries of the designated dog park, an adult must accompany minors under the age of sixteen (16).

E. The provisions of this section shall be enforceable by any police officer, animal control officer, park ranger or other code enforcement officer of the City pursuant to section 1.08.010 of this Code. In addition to any other remedies, the City officer shall have the authority to eject any person who violates this section pursuant to Section 12.48.125 of this Title.

12.48.060 Games.

No person shall engage or abet in the playing of any game involving thrown or otherwise propelled objects, including but not limited to balls, stones, arrows, javelins, drones, model airplanes, rockets, motorized model cars or motorized remote control devices except in areas set apart or identified by appropriate signage for such purposes or during an approved recreation program.

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7 12.48.065 Sanitation.

No person shall:

A. Discard garbage, cans, bottles, papers, or other refuse or trash other than in receptacles which are provided for that purpose.

B. Remove any recyclable materials such as newspapers, metals, cans or bottles from receptacles in any Park unless authorized by the Director.

C. Use Park sinks, restrooms or other public water features to launder, wash dishes, or empty any other waste liquids in any Park sinks or restrooms.

D. Dispose of human waste from any temporary toilet or other container being used for this purpose.

12.48.070 Prohibition of Motorized Vehicles and Motorized Devices.

No person shall:

A. Operate a motorized vehicle or motorized device including but not limited to an electric bike in a Park except upon designated paved or improved Park roads or driveways, or in or upon designated areas or trails set aside for use by such vehicles or devices, unless directed to do so by a law enforcement officer, or by official signs or markings. This section shall not apply to the operation of a vehicle which is used or part of any event permitted by the City.

B. Park a vehicle on Park property, except in an area designated for parking such vehicle, unless there is an emergency or unless directed to do so by a law enforcement officer. Parking shall conform to officially posted signs or markings unless other instructions are given by a law enforcement officer.

C. The Director may, in their discretion, designate areas, paths, trails, or roads in a Park where the operation of bicycles, motor-driven cycles, mopeds, motorized bicycles or electric bicycles may be allowed.

12.48.075 Swimming and Bathing Prohibitions.

No person shall:

A. Swim, bathe, or wade in any water or waterway in or adjacent to any Park, except as permitted or designated by the Director or in such water or waterway as the Director may designate, and then only during such hours as the Director may have established for such purposes.

B. Change into clothes, except in a locker room or other structure designated for such use.

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8 C. Fail to wear clothes that cover the genitals and buttocks and in the case of females, the areola and nipples.

12.48.080 Selling, Soliciting and Advertising.

No Person shall:

A. Conduct, advertise, announce, or call the public’s attention to the purchase, barter or sale of any article, good or service or hire, unless by any regularly licensed business or concessionaire acting by and under the authority and regulation of the City.

B. Without a permit issued under this Chapter, solicit or collect donations of money, employment, or other goods from the public.

12.48.085 Fires.

No person shall make or kindle a fire except in a designated barbecuing device using charcoal only.

12.48.090 Hours.

Parks shall be open to the public every day of the year between the hours of 5:00 a.m. and 11:00 p.m. However, the Director may, in their reasonable discretion, extend or limit such hours for any Park or portion of any Park. No person shall enter, be, or remain in any Park during the time when such Park is closed unless they obtained a permit from the Director. Park closing hours shall be posted at Park entrances.

12.48.095 Obstruction of Park Walks or Pathways.

No person shall assemble, gather, or congregate in such a manner as to obstruct the free passage of any walkway, pathway, bike path or trail in any Park.

12.48.100 Public Restrooms.

To protect public health and safety, no person shall loiter at, in, or within fifty (50) feet of any public restroom, or intentionally block the ingress or egress of anyone attempting to use any public restroom. It shall further be unlawful to return to a public restroom within seventy-two (72) hours after having been asked to leave by a peace officer for loitering at, in, or about the restroom. As used in this section “loiter” means to stand, sit, lie or remain on any property under such circumstances that a reasonable person would conclude that the person who remains on the property does not have a purpose connected with the usual and ordinary use to which such property is put, does not have bona fide intent to exercise a constitutional right, and is causing public inconvenience or annoyance.

12.48.105 Permits Required.

A. Except in athletic facilities where a permit is required for groups of ten (10) persons or more, no person shall conduct, hold or carry on a gathering, celebration, event, or activity of ten persons or more in any Park without a written permit for such use. 192
9 B. No person shall conduct, hold, or cause to be carried on the following activities without a permit for the use of a Park from the Director regardless of the number of participants:

1. Any event utilizing any amplification equipment.

2. Musical performances or concerts by one or more persons in which the public participates as an audience.

3. The exhibition/display of animals to the public.

4. Public display of works of art or similar objects or the performance of any feat or skill or the production or performance of any amusement, motion picture, photography or entertainment.

5. Use of an amusement device such as, but not limited to, moon bounce, food machines or specialty items.

6. A wedding ceremony.

7. Any athletic event where a registration fee is charged, or donation required in order to participate in the event.

C. A permit will not be issued for the following activities:

1. Foot or wheeled races.

2. Deep fryers.

3. Food Distribution and/or distribution of items.

4. Any activities in parking lots.

5. Water play features.

6. All other activities outside of normal Park use.

D. Any person who wishes to use a Park for any activity requiring a permit under Section

12.48.105 shall designate on the application this intended use.

Failure to comply with the application requirements shall result in the application to be marked "incomplete" and the permit will not be issued.

E. In the event the applicant identifies that the Park area is to be used on more than a single date for such activity, the Director shall issue a permit for the repetition of the activity on the dates 193
10 listed by the applicant under the standards and conditions set forth in this section provided that the:

1. Except for Athletic Facilities, the permit for this repeated use subject to review and approval of the activity in the area designated in the application shall not be issued for a period in excess of ninety (90) days.

2. The dates requested by the applicant for the repeated use of the Park area designated in the application shall be limited to once per week during the ninety (90) day permit period.

3. Except for Athletic Facilities, the applicant must submit the application requesting repeated use of the Park area designated in the application to carry out the activity at least thirty (30) days in advance of the first date the applicant lists on the application.

Any application received in which is submitted less than thirty (30) days in advance of the first date listed in the application shall be cancelled and returned to applicant.

4. Not later than seven (7) working days after receipt of the application listing the dates for repeated use of the Park area identified in the application for the activities listed in Section 12.48.105, the Director, in writing, shall inform a person if the dates identified are available or not available to be reserved as set forth in the application. If not available, the Director shall notify applicant of the unavailability together with a list of alternative dates for the repeated use of activity in the Park area identified in the application which can be reserved. On notification that the dates or any one of them for repeated use of the Park area identified in the application is not available, the applicant must, in designate alternate dates within five (5) working days from the date of such notification. Failure to timely respond with alternative dates for repeating the use of the Park shall result in the permit being issued only for the dates which are available as listed on the application.

F. Standards for Issuance:

1. The Director will use the following criteria to determine whether at their sole discretion a permit will be issued:

a. That the proposed activity or use of the Park will unreasonably interfere with or detract from the general public use and enjoyment of the Park.

b. That the proposed activity or use of the Park will unreasonably interfere with or detract from the public health, safety or welfare.

c. That the conduct of the proposed activity or use is reasonably likely to result in violence to persons or property resulting in serious harm to the public.

d. That the proposed activity or use will entail an extraordinary expense or operation by the City.
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11 e. That the facilities desired have been reserved for another activity or use on the day and hour(s) requested in the application.

f. That the proposed activity will include fencing of a portion of the Park for the exclusive use of persons attending the activity and/or charging of an admittance fee to attend unless authorized by the Director.

g. That the proposed activity is to be held for the sole purpose of advertising, selling, or distributing any product goods o r event and is designed to be held solely for private profit.

2. Permits-Conditions: The Director may impose reasonable conditions or restrictions on the granting of a permit, including, but not limited to, any of the following:

a. Restrictions on fires, fireworks, amplified sound, decibel rating and distance, dancing, sports, use of animals, equipment, or vehicles, the number of persons to be present, the location of any bandstand or stage, or any other use which appears likely to create a risk of unreasonable harm to the use and enjoyment of the Park by others, or of damage to Park property.

b. A requirement that the applicant post a reasonable security deposit for the repair of any damage to Park property, or the cost of cleanup, or both.

c. A requirement that the applicant pay a reasonable fee to defray the cost of furnishing adequate security forces by the City at the proposed use or activity.

d. A requirement that the applicant pay any required business license tax or other required fees.

e. A requirement that the permittee furnish additional sanitary and refuse facilities that might be reasonably necessary based on the use or activity for which the permit is being sought.

f. A requirement that the applicant provide private patrol or security where the nature of the use will impose an undue burden on the police service of the City.

g. A requirement that the permittee shall be liable for any loss, damage or injury to any person or property whatever by reason of the negligence of the person or persons to whom such permit was issued.

h. A requirement that the permit shall not be transferable without the written consent of the permitting authority.

i. The Director may, at their discretion, require an insurance policy as a condition of the issuance of the permit. If a policy is required, the permittee must obtain, pay 195
12 for, and maintain a policy of general liability insurance, approved as to form by the City Attorney which shall insure the City, its off icers, and employees against any liability, or claims of liability, brought or made by or on behalf of any person for personal injury or property damage caused by or arising out of any negligent act or omission of either the permittee or his agents or emplo yees and occurring during the period and as a result of the activities for which such permit was issued . The amount of coverage to be provided by such policy may be determined by the Director.

G. A permittee shall be bound by all Park rules and regulations and all applicable ordinances fully as though the same were inserted in his permit.

H. A permittee shall be liable for any loss, damage or injury to any person or property whatever by reason of the negligence of the person or persons to whom such permit was issued.

I. The City Manager may waive any further permit required by the “Special Pageant” provisions in the Orange Municipal Code Chapter 5.72 upon issuance of a permit under this chapter for groups of less than 300 persons.

J. In addition to any requirements in the chapter any gathering of 300 persons or more must comply with the "Special Pageant" provisions of Orange Municipal Code Chapter 5.72.

12.48.110 Permits; Appeal.

Within five (5) days after receipt of an application, the Director shall apprise the applicant in writing of his reasons for refusing a permit or of any conditions attached to the issuance of a permit.

Any aggrieved person shall have the right to appeal in writing within five (5) days to the City Manager. Within five (5) days of the receipt of such appeal, the City Manager shall consider the standards set forth in Section 12 .48.105(F) and inform the applicant of the decision, in writing.

The City Manager's decision shall be final.

12.48.115 Revocation of Permit.

Upon giving notice of the grounds therefor and an opportunity for a hearing, the permitting authority shall have the authority to revoke any permit granted under this chapter upon finding of violation of any rule or ordinance or upon violation of any condition or restriction under which the permit was issued.

12.48.120 Rules and Regulations.

The Director shall issue from time to time as they deem necessary, rules and regulations to implement the provisions of this chapter. Such rules and regulations shall have the force of law, and failure to obey same shall be deemed a violation of the provisions of this chapter.

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13 12.48.125 Violations - Misdemeanor.

A. Any person violating the provision of this Chapter shall be guilty of a misdemeanor and subject to the following penalties: a fine of not more than one thousand dollars ($1,000), by imprisonment for not more than six months in the County Jail, or both such fine and imprisonment

Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is amended to enforce the provisions of this chapter, the Trial Court, upon recommendation of the prosecuting attorney, may reduce the charge of the o ffense from a misdemeanor to an infraction pursuant to Section 1.08.010 of this Code. Any person convicted of an infraction of this chapter shall be punished by:

l. A fine not exceeding one hundred dollars ($100.00) for the first violation;

2. A fine not exceeding one hundred fifty ($200.00) for the second violation of this chapter within one year;

3. A fine not exceeding two hundred fifty dollars ($ 500.00) for each additional violation of this chapter within one year.

B. The Director shall have the authority to revoke a permit upon a finding of violation of any regulation contained in this chapter or upon a finding of a violation of other City ordinance or laws of this State.

C. The Director or their designee shall have the authority to eject from any Park facility, any person acting in violation of regulations contained in this Chapter.

D. The regulations contained herein shall not prohibit any person authorized by the Director from the normal exercise of requested, or contractual duties.

E. Malicious injury or destruction of any real or personal property which constitutes vandalism under the provision of Section 594 of the Penal Code of the State of California shall be prosecuted as a violation of the Penal Code Section 594 and shall be punishable as either an infraction, misdemeanor, or a felony, as provided in Penal Code Section 594.

12.48.130 Closure of Park Facilities.

The Director shall have the authority to close any Park or portion thereof and require the exit of all persons therein when he or she determines that conditions exist in said facility or portion thereof which present a hazard to the facility or to public safety. The Director shall have the authority to close to the public any Park facility or portion thereof at any time and for any interval of time, either temporarily or at regular or stated intervals, and either entirely or merely to certain uses, as the Director shall find reasonably necessary.

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14 12.48.135 Failure to Obtain Required Permit.

No person shall use, occupy, or otherwise remain in any Park facility for which a permit is required without first having obtained such permit.

12.48.140 Priority of Use.

Any person using a Park facility which may be reserved by obtaining a permit, but who has not obtained such permit, shall vacate said area when holders of a valid permit present themselves.

12.48.145 Exhibiting Permit.

No person shall fail to produce and exhibit a permit he or she claims to have upon request of any department employee or any peace officer who desires to inspect said permit for the purpose of enforcing compliance with any regulation in this chapter.

12.48.150 Severability.

If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Orange hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

12.48.155 Storage of Property Prohibited in Parks.

It shall be unlawful for any person to store personal property in any Park. The City may immediately remove and impound abandoned personal property which shall include, but not be limited to, the act of leaving the personal property in a public area so that it may be appropriated by the next comer, which is observed in a Park at the time the Park is closed to the public.

Impounded property may be reclaimed by the owner or their representative, subject to verification of the person’s identity and authority to reclaim the property by contacting the City of Orange Community Services Department at (714) 744 -7264 to arrange a collection time. The property, unless hazardous or a threat to safety, will be stored by the City for a period of 90 days according to the Orange Municipal Code Section 10.22.030.

12.48.160 Repairs and Sales of Bicycles and Bicycle Parts.

No person shall assemble, disassemble, sale, offer to sell, distribute, offer to distribute, store, or possess the following items in any Park:

A. A bicycle frame with the gear cables or brake cables cut;

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15 B. Three (3) or more bicycles and/or bicycle frames, with or without missing parts (the term “parts” shall mean handles, handlebars, wheels, forks, pedals, cranks, seats, or chains); or

C. Five (5) or more bicycle parts that are not attached to a bicycle.

12.48.165 Prohibited Activities.

No person shall:

A. Skateboard in any Park except in the designated areas;

B. Smoke or vape in any Park within 25 feet of a playground, facility, or youth activity;

C. Gamble in any Park;

D. Use, sell or possess any drug in any Park, including but not limited to marijuana/cannabis, cocaine, methamphetamine, heroin, LS D, ecstasy, ketamine, fentanyl and/or prescription painkillers which are not associated with a valid prescription for use/possession by the individual.

12.48.170 Use of Skate Park Facilities Located on Property Owned by the City.

A. Only non-motorized wheeled devices are allowed in a skate Park facility such as skateboards, roller-skates, rollerblades, scooters, BMX bikes and in-line skates. Any other motor-driven vehicles and/or motor-driven devices are unlawful to use in a skate Park facility.

B. It is unlawful for any person to bring any temporary or fixed skate feature into a skate Park facility including but not limited to ramps and rails.

SECTION II:

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

SECTION III:

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

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16 ADOPTED this ____ day of ___________________, 2024.

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the ___ day of _____________, 2024, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 20 24 was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
200

Orange City CouncilAugust 27, 2024

Orange City Council
August 27, 2024