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Agenda Item
City Council
Item #: 3.11. 6/24/2025 File #: 25-0328
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Award of Contract to Clinical Lab of San Bernardino for conducting water quality testing services.
2. SUMMARY
Informal bids for water quality testing services were solicited. Three bidders responded with the apparent low bidder Clinical Lab of San Bernardino of Grand Terrace, in the amount of $33,440.
3. RECOMMENDED ACTION
Approve the contract with Clinical Lab of San Bernardino in the amount of $36,784 representing an original bid amount of $33,440, plus a 10% contingency of $3,344 for conducting routine water quality testing services; and authorize the Mayor and City Clerk to execute on behalf of the City.
4. FISCAL IMPACT
The expense for this contract is $36,784 and will be funded through Water (600):
600.8011.51670.00000 Other Professional & Consulting Services
5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology
6. DISCUSSION AND BACKGROUND
To comply with the State Water Resources Control Board requirements, the Public Works Water Division must complete routine water quality analytical testing of its water supply at multiple locations throughout the service areas on a weekly basis. These water samples are required to be analyzed by a State certified laboratory.
Through an informal bid process, the Public Works Water Division contacted and requested bids from qualified, accredited laboratories for these services. Four laboratories were contacted, and three bids were received as follows:
1. Clinical Lab of San Bernardino of Grand Terrace $33,440
2. Sierra Analytical Labs Inc. of Laguna Hills $36,800
City of Orange Page 1 of 2 Printed on 6/19/2025
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Item #: 3.11. 6/24/2025 File #: 25-0328
3. Eurofins of Monrovia $41,712
One contractor, ALS Global of Irvine, was non-responsive.
The Water Division has worked with Clinical Lab of San Bernardino in the past and has found them to be qualified and responsive to our needs, as well as certified for the required testing methods.
Therefore, staff recommends that Clinical Lab of San Bernardino be awarded a contract in the amount of $36,784, representing an original bid amount of $33,440, plus a 10% contingency of $3,344.
The term of the contract is for one year, beginning July 1, 2025, and expiring on June 30, 2026, with an option to renew annually for two additional years if the City is satisfied with the level of service from the contractor. The cost of the extensions, including a 10% contingency, will be $37,520 for Fiscal Year 2026-27 and $38,270 for Fiscal Year 2027-2028. Approval of the extensions will be executed by the City Council.
7. ATTACHMENTS
· Bid Abstract
· Contract with Clinical Lab of San Bernardino
City of Orange Page 2 of 2 Printed on 6/19/2025
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Agenda Item
City Council
Item #: 3.11. 6/24/2025 File #: 25-0328
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Award of Contract to Clinical Lab of San Bernardino for conducting water quality testing services.
2. SUMMARY
Informal bids for water quality testing services were solicited. Three bidders responded with the apparent low bidder Clinical Lab of San Bernardino of Grand Terrace, in the amount of $33,440.
3. RECOMMENDED ACTION
Approve the contract with Clinical Lab of San Bernardino in the amount of $36,784 representing an original bid amount of $33,440, plus a 10% contingency of $3,344 for conducting routine water quality testing services; and authorize the Mayor and City Clerk to execute on behalf of the City.
4. FISCAL IMPACT
The expense for this contract is $36,784 and will be funded through Water (600):
600.8011.51670.00000 Other Professional & Consulting Services
5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology
6. DISCUSSION AND BACKGROUND
To comply with the State Water Resources Control Board requirements, the Public Works Water Division must complete routine water quality analytical testing of its water supply at multiple locations throughout the service areas on a weekly basis. These water samples are required to be analyzed by a State certified laboratory.
Through an informal bid process, the Public Works Water Division contacted and requested bids from qualified, accredited laboratories for these services. Four laboratories were contacted, and three bids were received as follows:
1. Clinical Lab of San Bernardino of Grand Terrace $33,440
2. Sierra Analytical Labs Inc. of Laguna Hills $36,800
City of Orange Page 1 of 2 Printed on 6/19/2025
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Item #: 3.11. 6/24/2025 File #: 25-0328
3. Eurofins of Monrovia $41,712
One contractor, ALS Global of Irvine, was non-responsive.
The Water Division has worked with Clinical Lab of San Bernardino in the past and has found them to be qualified and responsive to our needs, as well as certified for the required testing methods.
Therefore, staff recommends that Clinical Lab of San Bernardino be awarded a contract in the amount of $36,784, representing an original bid amount of $33,440, plus a 10% contingency of $3,344.
The term of the contract is for one year, beginning July 1, 2025, and expiring on June 30, 2026, with an option to renew annually for two additional years if the City is satisfied with the level of service from the contractor. The cost of the extensions, including a 10% contingency, will be $37,520 for Fiscal Year 2026-27 and $38,270 for Fiscal Year 2027-2028. Approval of the extensions will be executed by the City Council.
7. ATTACHMENTS
· Bid Abstract
· Contract with Clinical Lab of San Bernardino
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BID ABSTRACT FOR ANNUAL WATER QUALITY TESTING SERVICES
No. Description of Work Quantity Unit Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Routine Weekly (Collisure Analysis) 1,664 Ea. $10.00 $16,640.00 $10.00 $16,640.00 $10.00 $16,640.00 $12.00 $19,968.00 2 Routine Monthly (Physical Analysis) 528 Ea. $14.00 $7,392.00 $15.00 $7,920.00 $20.00 $10,560.00 $18.00 $9,504.00 3 Monthly Wells (Collisure Analysis) 144 Ea. $10.00 $1,440.00 $10.00 $1,440.00 $10.00 $1,440.00 $12.00 $1,728.00 4 Monthly Wells (Physical Analysis) 144 Ea. $14.00 $2,016.00 $15.00 $2,160.00 $20.00 $2,880.00 $18.00 $2,592.00 5 Monthly Wells (HPC Analysis) 528 Ea. $10.00 $5,280.00 $10.00 $5,280.00 $10.00 $5,280.00 $15.00 $7,920.00 $32,768.00 $33,440.00 $36,800.00 $41,712.00
Note: ALS Global was non-responsive
Engineer's Estimate Clinical Lab of San Bernardino Sierra Analytical Labs Inc. Eurofins 299
CONTRACT
[Water Quality Testing Services]
THIS CONTRACT (the “Contract”) is made and entered into as of ______________, 2025__ (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and CLINICAL LAB OF SAN BERNARDINO, a California corporation (“Contractor”), who agree as follows.
ARTICLE 1
Work Performed
a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, Contractor hereby agrees to and shall do all the work and furnish all the labor, materials, tools and equipment, except such as are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in good workmanship and substantial manner the work (the “Work”) described in:
(1) Contractor’s Proposal, which is on file with City’s Department of Public Works.
b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book, Greenbook and City of Orange Standard Special Provisions and Standard Plans are on file with City’s Public Works Director and are hereby specifically referred to and by such reference made a part hereof. A copy of the Special Provisions and Standard Plans will also be kept on file with the City Clerk. Contractor hereby acknowledges that it has read, reviewed and understands the Plans, the Orange Book, the Greenbook, the Special Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of which documents shall be referred to herein collectively as the “Plans and Specifications.” c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal Code which requires, among other things, that Contractor utilize City’s exclusive solid waste hauler for the rental of bins for trash and debris removal and imposes mandatory recycling requirements for self-hauled construction and demolition waste. The terms and conditions set forth in this Contract shall control over any terms and conditions in the Plans and Specifications to the contrary.
d. The Work shall be performed in conformity with the Plans and Specifications and the Bid Proposal and all applicable laws, including any and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment.
e. Unless and until otherwise notified in writing by City’s Public Works Director, City’s Assistant Water Manager, Sonny Tran (“Authorized City Representative”), shall be the 300
2 person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City’s Public Works Director may designate from time to time, that Contractor shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Public Works Director. f. It is expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and Contractor’s Bid Proposal, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid Proposal conflicting herewith.
ARTICLE 2
Commencement of Work
Contractor shall commence the Work provided for in this Contract within fifteen (15) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within fifteen calendar days from such date, unless legal extension is granted in accordance with the terms set forth in the Greenbook. Time is of the essence in this Contract.
Contractor shall do all things necessary and incidental to the prosecution of Contractor's Work.
ARTICLE 3
Compensation; Term and Extension
a. Contractor agrees to receive and accept an amount not to exceed THIRTY-THREE THOUSAND FOUR HUNDRED FORTY DOLLARS and 00/100 ($33,440.00) as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract.
Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.
b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of THREE THOUSAND THREE HUNDRED FORTY-FOUR DOLLARS and 00/100 ($3,344.00) has been added to the total compensation of this Contract. The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, 301
3 up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to the commencement of such Work or services.
c. The total amount of compensation under this Contract, including contingencies, shall not exceed THIRTY-SIX THOUSAND SEVEN HUNDRED EIGHTY-FOUR DOLLARS and 00/100 ($36,784.00).
d. The Initial Term of this Contract is one (1) year (the “Initial Term”), commencing July 1, 2025 and expiring on June 30, 2026 (the “Expiration Date”); provided, however, that City has the right to extend the term of this Contract for the following extensions and upon the following terms:
• First Extension (the “First Extension Term”) commencing July 1, 2026, and terminating June 30, 2027, in an annual amount not to exceed THIRTY-SEVEN THOUSAND FIVE HUNDRED TWENTY DOLLARS and 00/100 ($37,520.00) without the prior written authorization of City.
• Second Extension (the “Second Extension Term”) commencing July 1, 2027, and terminating June 30, 2028. in an annual amount not to exceed THIRTY-EIGHT THOUSAND TWO HUNDRED SEVENTY DOLLARS and 00/100 ($38,270.00) without the prior written authorization of City.
e. The City Manager is hereby authorized on behalf of City to give written notice to Contractor of City’s intention to exercise each Extension (if at all) no later than thirty (30) days prior to the Expiration Date of the then-current term; provided, however, that City’s notice of its intention to extend the term of this Contract for each Extension shall be expressly conditioned upon and subject to the approval by the City Council, in its sole and absolute discretion, of an amount sufficient to pay the compensation set forth herein for each Extension as part of its annual budget approval process prior to the beginning of each Extension. While the parties acknowledge that City is required to give its notice of intention to extend the term of this Contract not later than thirty (30) days prior to the Expiration Date of then-current term, it is possible that the City Council’s approval of its annual budget and appropriation of funds for the Extension in question may occur thereafter. Accordingly, if the City Council fails to approve and appropriate funds sufficient to pay the amount of compensation set forth herein for an Extension, this Contract shall terminate and be of no further force and effect as of the expiration of the then-current term.
Notwithstanding anything in this provision to the contrary, in the event City gives Contractor written notice exercising an Extension and City receives notice that appropriation of funds for the Extension in question are not available after Contractor has performed services under the Extension, City agrees that Contractor will be equitably compensated for all services performed under any portion of an Extension through the date of termination of the Contract. Except as 302
4 specifically set forth herein, the terms and conditions of each Extension will be the same as the Initial Contract.
f. Any Extension, if properly exercised, shall be memorialized in the form of an amendment to this Contract. The City Manager is hereby authorized to approve and execute amendments to this Contract reflecting the exercise of each Extension and the amount of compensation (including the amount of funds to be made available for additional work or services) payable to Contractor for each respective Extension.
ARTICLE 4
Licenses
Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the Work contemplated by this Contract and that Contractor and subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Contract.
ARTICLE 5
Guarantees
a. Contractor guarantees the construction and installation of all Work included in the Plans and Specifications for which Contractor has been awarded this Contract. b. Should any of the materials or equipment installed pursuant to this Contract prove defective or should the Work as a whole prove defective, due to faulty equipment, workmanship, materials furnished or methods of installations, or should said Work or any part thereof fail to function properly, as designed, due to any of the above causes within twelve (12) months after the date on which said Work is accepted by City, Contractor shall make repairs and furnish such materials and equipment as are necessary to be furnished and installed within fifteen (15) calendar days after the receipt of a demand from City.
c. Said Work will be deemed defective within the meaning of this guarantee in the event that it fails to function as originally intended either by the Plans and Specifications of this Contract or by the manufacturer(s) of the equipment incorporated into the Work. d. In the event repairs are not made within fifteen (15) calendar days after Contractor's receipt of a demand from City, City shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor. Contractor shall reimburse City, upon demand, for all expenses incurred in restoring said Work to the condition contemplated in this Contract, including the cost of any equipment or materials replaced. e. It is understood that emergency repairs may, by necessity, be made by City.
Therefore, when defective equipment, materials or workmanship result in emergency repairs by City, Contractor shall reimburse City, upon demand, for all expenses incurred. Emergency repairs will be deemed as those repairs determined by City’s Director of Public Works to be necessary 303
5 due to an immediate detriment to the health, safety, welfare or convenience of the residents of City.
ARTICLE 6
Water Quality
a. The Santa Ana Regional Water Quality Control Board (“RWQCB”) has issued National Pollutant Discharge Elimination System (“NPDES”) Permit No. R8-2009-0030 (the “Permit”), which governs storm water and non-storm water discharges resulting from municipal activities performed by City or its contractors. In order to comply with the Permit requirements, the County of Orange has prepared a Drainage Area Management Plan (“DAMP”), containing Model Maintenance Procedures with Best Management Practices (“BMPs”) that City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, storm water runoff, and receiving water quality. Examples include: wash water from cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas.
b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the office of City’s Director of Public Works. Contractor hereby acknowledges that it has read, reviewed and understands the Permit, the DAMP and the Model Maintenance Procedures, as they relate to the Work and hereby shall perform the Work in conformance therewith.
ARTICLE 7
Independent Contractor; Contractor not Agent
a. At all times during the term of this Contract, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor’s services rendered pursuant to this Contract. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Contract. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.
b. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever. 304
6 ARTICLE 8
Public Work; Prevailing Wage
a. The Work which is the subject of this Contract is a “public work,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid.
To the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed and understands those provisions of the Labor Code and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions. c. Contractor shall secure the payment of compensation to its employees in accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
d. Contractor shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, and/or “increased costs” (including reasonable attorney’s fees, court and litigation costs, and fees of expert witnesses) which result or arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the Work which is the subject of this Contract, Contractor shall bear all risks of payment or non-payment of state prevailing wages. “Increased costs” as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time. The foregoing indemnity shall survive termination of this Contract.
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7 ARTICLE 9
Equal Employment Opportunity
During the performance of this Contract, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor shall post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, 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 Contract, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
ARTICLE 10
Conflicts of Interest
Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a contractor to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code.
ARTICLE 11
Indemnity
Contractor shall defend, indemnify and hold harmless City and its officers, officials, agents, and employees from and against:
a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and court costs) which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which shall occur on or adjacent to the real property which is the subject of this Contract, or in connection with performance of this Contract which may be directly or indirectly caused by the acts or omissions of Contractor or its officers, employees, contractors or agents, or as a consequence of any use, 306
8 generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents, and employees. The foregoing indemnity shall survive termination of this Contract. b. Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s Work under this Contract, including any and all claims under any law pertaining to Contractor’s status as an independent contractor.
ARTICLE 12
Insurance
a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Contract.
b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.
(1) General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
project/location or the general aggregate
limit shall be twice the required
occurrence limit.
(2) Automobile Liability $1,000,000 per accident for bodily injury and property damage.
(3) Workers’ Compensation as required by the State of California. (4) Employer’s Liability $1,000,000 per accident for bodily injury or disease. c. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. 307
9 d. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or selfinsured retentions with respect to City, its officers, officials, agents and employees; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. e. Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:
(1) City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability arising out of Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such Work or operations. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall apply to City as an additional insured.
(2) For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance with respect to City, its officers, officials, agents and employees. Any insurance or self-insurance maintained by City, its officers, officials, agents and employees shall be excess of Contractor’s insurance and shall not contribute with it. (3) Coverage shall not be canceled, except after thirty (30) days’ prior written notice has been provided to City.
f. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Article 12. The endorsements shall be on forms acceptable to City. All certificates and endorsements are to be received and approved by City before the Work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
g. All insurance procured and maintained by Contractor shall be issued by insurers admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. h. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Contract unless otherwise directed by City. In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom by way of set-off from any sums owed Contractor. i. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor 308
10 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.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all Work performed by Contractor, its employees, agents and subcontractors. Contractor shall obtain any other endorsement that may be necessary to effect this waiver of subrogation. j. Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein.
ARTICLE 13
Termination
City, acting through its City Manager or designee, reserves the right to terminate this Contract for any reason by giving five (5) days’ written notice of intent to terminate to Contractor.
Upon receipt of notice, Contractor shall immediately cease work, unless the notice provides otherwise. Should City terminate this Contract, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Contract, unless such termination shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.
ARTICLE 14
Maintenance and Inspection of Records
In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Contract. During the term of this Contract and for a period of three (3) years after termination or completion of this Contract, City shall have the right to inspect and/or audit Contractor's records pertaining to the performance of this Contract at Contractor's office. Contractor shall make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.
ARTICLE 15
Compliance with Laws
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by Contractor or any subcontractor hereunder.
b. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this Contract comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and 309
11 (2) Has not and will not knowingly employ any individual to perform services under this Contract who is ineligible to work in the United States or under the terms of this Contract; and
(3) Has properly maintained, and shall at all times during the term of this Contract properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and
(4) Has responded, and shall at all times during the term of this Contract respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration. c. Contractor shall require all subcontractors and/or subconsultants to make the same representations and warranties required by this Article 15 when hired to perform services under this Contract.
d. Contractor shall, upon request of City, provide a list of all employees working under this Contract and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract. e. If Contractor, or a subcontractor or subconsultant, knowingly employs an employee providing Work under this Contract who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, such shall constitute a material breach of this Contract and may be cause for immediate termination of this Contract by City.
f. Contractor shall indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor’s failure to comply with said laws, rules and regulations in connection with the performance of this Contract.
ARTICLE 16
Governing Law and Venue
This Contract shall be construed in accordance with and governed by the laws of the State of California and Contractor shall submit to the jurisdiction of California courts. Venue for any dispute arising under this Contract shall be in Orange County, California. 310
12 ARTICLE 17
Integration and Amendment
a. This Contract constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the Work to be performed under this Contract shall be of any force or effect unless it is in writing and signed by both parties. Any Work performed which is inconsistent with or in violation of the provisions of this Contract shall not be compensated. b. Amendments to this Contract must be in writing and signed by both parties. The City Manager is authorized to execute amendments to this Contract up to the amounts specified in Chapter 3.08 of the Orange Municipal Code.
ARTICLE 18
Notice
Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.
“CONTRACTOR” “CITY”
Clinical Lab of San Bernadino City of Orange
21881 Barton Road 300 E. Chapman Avenue
Grand Terrace, CA 92313 Orange, CA 92866-1591
Attn: Jeanette Hernandez Attn: Sonny Tran
Telephone: 909-825-7693 Telephone: 714-288-2475
E-Mail: [email protected] E-Mail: [email protected] ARTICLE 19
Claim Resolution
City and Contractor agree that the claim resolution process applicable to any claim by Contractor in connection with the Work provided herein shall be subject to the procedures set forth in California Public Contract Code Section 9204, attached hereto as Attachment No. 2, and incorporated herein by this reference.
ARTICLE 20
Counterparts
This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures. 311
312
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ATTACHMENT NO. 1
CALIFORNIA LABOR CODE
SECTIONS 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 Section 1725.5. Registration of contractors; mandatory registration; qualifications and application; fees; exempt contractors
A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by Section 1722.1. (a) To qualify for registration under this section, a contractor shall do all of the following:
(1)(A) Register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3. (B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual increments up to three years from the date of registration. Contractors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section.
Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
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(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000). (b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section. (3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.
(f) This section does not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.
Section 1771. Payment of general prevailing rate
Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.
This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. 315
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Section 1771.1. Registration as a contractor or subcontractor required prior to bid submission; exceptions; violations; penalties
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) 316
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for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 317
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(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.
Section 1771.4. Additional requirements when bidding and awarding public works contracts (a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
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(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:
(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011.
(2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages. (c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015.
(d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016.
Section 1775. Penalties for violations
(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
(B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor 319
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or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. (c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.
Section 1776. Payroll records; retention; inspection; redacted information; agencies entitled to receive nonredacted copies of certified records; noncompliance penalties; rules (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. 320
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(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor.
(c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.
The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labormanagement committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. 321
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(2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.
(g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
(h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(j) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.
Section 1777.5. Employment of registered apprentices; wages; standards; number; apprenticeable craft or trade; exemptions; contributions; compliance program (a)(1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 322
Attachment No. 1
apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the California Apprenticeship Council. (d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o).
(e) Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator 323
Attachment No. 1
of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2)(A) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows:
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(i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship and preapprenticeship standards and requirements under this code. (B) An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the apprenticeship program agrees, prior to the receipt of any grant funds, to keep adequate records that document the expenditure of grant funds and to make all records available to the Department of Industrial Relations so that the Department of Industrial Relations is able to verify that grant funds were used solely for training apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices, receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Department of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this subdivision.
(C) The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds are expended or if an apprenticeship program is found to be using grant funds for purposes other than training apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of the apprenticeship program.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director.
Section 1813. Forfeiture for violations; contract stipulation; report of violations The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of 325
Attachment No. 1
the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement.
Section 1815. Overtime
Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
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ATTACHMENT NO. 2
CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204
Section 9204. Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process (Eff: January 1, 2017) (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 327
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(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 328
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(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 329
Agenda Item
City Council
Item #: 3.12. 6/24/2025 File #: 25-0365
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Second Amendment to the contract with Tunnelworks Services, Inc. for Sewer Line Cleaning, Video Inspection, and Emergency Response Services.
2. SUMMARY
The initial term of the contract was for three years, ending on June 30, 2025. The original contract has two one-year extensions available at the discretion of the City Council. Staff is recommending the first extension of the contract to fiscal year 2026 for an amount not to exceed $378,039.
3. RECOMMENDED ACTION
Approve the Second Amendment of a one-year extension to the contract with Tunnelworks Services, Inc., in the amount of $378,039 for Sewer Line Cleaning, Video Inspection, and Emergency Response Services; and authorize the Mayor and City Clerk to execute on behalf of the City.
4. FISCAL IMPACT
The expense for this amendment is $378,039 and will be funded through Sewer (220):
220.5022.56510.15509 CIP - Sewer Cleaning/Video
5. STRATEGIC PLAN GOALS
Goal 3: Enhance Public Communication Strategy and Quality of Life Goal 5: Improve Infrastructure, Mobility, and Technology
6. DISCUSSION AND BACKGROUND
The City’s Sanitary Sewer Management Plan requires routine cleaning and video inspection of the City’s approximately 312 miles of sewer line to mitigate sewer spills and maintain compliance with State Water Resources Control Board (SWRCB) Order No. 2006-0003-DWQ, Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, and its Monitoring and Reporting Program (MRP) amendment WQ 2013-0058-EXEC. Additionally, data gathered from video inspections is used to identify infrastructure deficiencies and support the planning of Capital Improvement Program (CIP) projects.
In June 2022, Tunnelworks Services, Inc. was awarded a competitively bid contract for sewer line cleaning, video inspection, and emergency response. The contract, Agreement No. 7380, was for an initial three-year term totaling $1,134,117, with provisions for two one-year extensions, each valued City of Orange Page 1 of 2 Printed on 6/19/2025
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Item #: 3.12. 6/24/2025 File #: 25-0365
initial three-year term totaling $1,134,117, with provisions for two one-year extensions, each valued at $378,039. The initial term is set to expire on June 30, 2025. This proposed action represents the first of the two optional extensions.
The contract was amended in June 2023 to increase the contract capacity by $29,940 for increased costs associated with sewer line cleaning and inspection. As amended, the current agreement expires on June 30, 2025, with a total contract capacity of $1,164,057. This amendment brings the contract to a total not-to-exceed amount of $1,542,096.
7. ATTACHMENTS
· Second Amendment to Contract with Tunnelworks Services, Inc.
City of Orange Page 2 of 2 Printed on 6/19/2025
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Agenda Item
City Council
Item #: 3.12. 6/24/2025 File #: 25-0365
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Second Amendment to the contract with Tunnelworks Services, Inc. for Sewer Line Cleaning, Video Inspection, and Emergency Response Services.
2. SUMMARY
The initial term of the contract was for three years, ending on June 30, 2025. The original contract has two one-year extensions available at the discretion of the City Council. Staff is recommending the first extension of the contract to fiscal year 2026 for an amount not to exceed $378,039.
3. RECOMMENDED ACTION
Approve the Second Amendment of a one-year extension to the contract with Tunnelworks Services, Inc., in the amount of $378,039 for Sewer Line Cleaning, Video Inspection, and Emergency Response Services; and authorize the Mayor and City Clerk to execute on behalf of the City.
4. FISCAL IMPACT
The expense for this amendment is $378,039 and will be funded through Sewer (220):
220.5022.56510.15509 CIP - Sewer Cleaning/Video
5. STRATEGIC PLAN GOALS
Goal 3: Enhance Public Communication Strategy and Quality of Life Goal 5: Improve Infrastructure, Mobility, and Technology
6. DISCUSSION AND BACKGROUND
The City’s Sanitary Sewer Management Plan requires routine cleaning and video inspection of the City’s approximately 312 miles of sewer line to mitigate sewer spills and maintain compliance with State Water Resources Control Board (SWRCB) Order No. 2006-0003-DWQ, Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, and its Monitoring and Reporting Program (MRP) amendment WQ 2013-0058-EXEC. Additionally, data gathered from video inspections is used to identify infrastructure deficiencies and support the planning of Capital Improvement Program (CIP) projects.
In June 2022, Tunnelworks Services, Inc. was awarded a competitively bid contract for sewer line cleaning, video inspection, and emergency response. The contract, Agreement No. 7380, was for an initial three-year term totaling $1,134,117, with provisions for two one-year extensions, each valued City of Orange Page 1 of 2 Printed on 6/19/2025
powered by Legistar™332
Item #: 3.12. 6/24/2025 File #: 25-0365
initial three-year term totaling $1,134,117, with provisions for two one-year extensions, each valued at $378,039. The initial term is set to expire on June 30, 2025. This proposed action represents the first of the two optional extensions.
The contract was amended in June 2023 to increase the contract capacity by $29,940 for increased costs associated with sewer line cleaning and inspection. As amended, the current agreement expires on June 30, 2025, with a total contract capacity of $1,164,057. This amendment brings the contract to a total not-to-exceed amount of $1,542,096.
7. ATTACHMENTS
· Second Amendment to Contract with Tunnelworks Services, Inc.
City of Orange Page 2 of 2 Printed on 6/19/2025
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SECOND AMENDMENT
TO
CONTRACT
[Sewer Line Cleaning, Video Inspection, and Emergency Response Services Project (Bid No. 21-22-33; (S-246)]
THIS SECOND AMENDMENT TO CONTRACT (the “Second Amendment”) is made and entered into as of _________________, 2025, by and between the CITY OF ORANGE, a municipal corporation (“City”), and TUNNELWORKS SERVICES INC., a California corporation (“Contractor”), with reference to the following.
A. City and Contractor entered into a Contract (Agreement No. 7380) dated as of June 14, 2022, which is incorporated herein by this reference (the “Original Contract”); and B. City and Contractor amended the Original Contract to revise the Scope of Services and increase the compensation by a First Amendment to Contract (Agreement No. 7380.1) dated June 29, 2023, which is incorporated herein by this reference (the “First Amendment”); and C. City and Contractor desire to further amend the Original Contract to modify, amend and supplement certain portions of the Original Contract to extend the Term and increase the compensation.
NOW, THEREFORE, the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Contract.
Section 2. Cross-References. City and Contractor agree that all references in this Second Amendment are deemed and construed to refer to the Original Contract, as implemented by this Second Amendment.
Section 3. Term. Pursuant to Article 2 of the Original Contract, the City hereby extends the Term of this Contract to reflect the First Extension Term, commencing on July 1, 2025, and terminating on June 30, 2026.
Section 4. Compensation. Article 3 of the Original Contract is hereby amended to increase the total not-to-exceed compensation for the services to be rendered by THREE HUNDRED TWENTY-EIGHT THOUSAND SEVEN HUNDRED THIRTY DOLLARS and 00/100 ($328,730.00) and Sections 3.a, 3.b, and 3.c are hereby amended in their entirety to read as follows:
a. Contractor agrees to receive and accept an amount not to exceed
THREE HUNDRED TWENTY-EIGHT THOUSAND SEVEN HUNDRED
THIRTY DOLLARS ($328,730.00) as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract.
Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or 334
2 obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.”
b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of FORTY-NINE THOUSAND THREE HUNDRED NINE DOLLARS and 00/100 ($49,309.00) has been added to the total compensation of this Contract. The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to the commencement of such Work or services. c. The total amount of compensation under this Contract, including contingencies, shall not exceed THREE HUNDRED SEVENTY-EIGHT THOUSAND THIRTY-NINE DOLLARS and 00/100 ($378,039.00).
Section 5. Integration. This Second Amendment amends, as set forth herein, the Original Contract and, except as specifically amended hereby, the Original Contract shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Original Contract, the terms and provisions of this Second Amendment shall control and govern the rights and obligations of the parties. [Remainder of page intentionally left blank; signatures on next page] 335
IN WITNESS of this Contract, the parties enter into this Contract on the year and day first above written.
.CONTRACTOR" *CITY''
TUNNELWORKS SERVICES, INC.,
a Califomia corporation
CITY OF ORANGE, a municipal corporation
*By: By:
Printed
Title:
Daniel R. Slater, Mayor
ATTEST:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Nathalie Adourian
Senior Assistant City Anomey
nBy,
Printed Name:
Title:
*I;OTE
3 If CONTRACTOR is a corporatiott, the City requires the folloning signature(s):
(1) the Chairmtn of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial OJficer, lhe Treasurer, an Assistant Secrelary or on Assistarrt Treasurer. If only one corporate officer edsts or one corporate ofJicer hqlds more than one corporute office, pleose so indicate. @ The corporate olficer named in a corporate resolution as aathorized to enter into this Agrcemenl A copy of the corporate resolution, certilied by lhe Secrelary close in time lo lhe execution of the Agreenterrt, mus, be pruvided to the Citx^'. 336
Agenda Item
City Council
Item #: 3.13. 6/24/2025 File #: 25-0332
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 Pipeline Renewal Project, Bid No. 23-24.25 (W722).
2. SUMMARY
The City of Orange entered into a contract with CEM Construction Corporation for the Annual Pipeline Renewal Project. The project included installation of approximately 6,700 feet of new water mains, new water meters, lateral services, fire hydrants, valves, fittings, and other appurtenances.
The work was completed to the satisfaction of the Public Works Department.
3. RECOMMENDED ACTION
1. Accept Annual Pipeline Renewal 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 Page 1 of 1 Printed on 6/19/2025
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Agenda Item
City Council
Item #: 3.13. 6/24/2025 File #: 25-0332
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 Pipeline Renewal Project, Bid No. 23-24.25 (W722).
2. SUMMARY
The City of Orange entered into a contract with CEM Construction Corporation for the Annual Pipeline Renewal Project. The project included installation of approximately 6,700 feet of new water mains, new water meters, lateral services, fire hydrants, valves, fittings, and other appurtenances.
The work was completed to the satisfaction of the Public Works Department.
3. RECOMMENDED ACTION
1. Accept Annual Pipeline Renewal 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 Page 1 of 1 Printed on 6/19/2025
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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 Pipeline Renewal Project, Bid No. 23-24.25; W-722” (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 June 24, 2025 at a regular meeting of its members, at which a quorum was present and acting throughout. The Contractor who performed (or caused to be performed) said public work and improvements was U.S. Builders and Consultants, Inc., a California corporation, with its principal office at 126 Desert Lotus, in the City of Irvine, State of California.
The name of the surety on the Labor and Material Bond for the Project is U.S. Specialty Insurance Company (Bond# 1001181641) in the amount of $2,547,770.00.
DATED as of the 24th day of June, 2025. CITY OF ORANGE, a municipal corporation By:
Daniel R. Slater
Mayor of the 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 24th day of June, 2025 at Orange, California.
Daniel R. Slater, Mayor of the 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 of the City of Orange
339
Agenda Item
City Council
Item #: 3.14. 6/24/2025 File #: 25-0343
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christoper Cash, Public Works Director
1. SUBJECT
Notice of Completion and Acceptance for Community Development Block Grant Fiscal Year 2024- 2025 Americans with Disabilities Act Wheelchair Access Ramp Replacement project, Bid No. 24-
25.15 (SP-4295).
2. SUMMARY
The project included the replacement of 10 wheelchair access ramps throughout the City of Orange.
The City of Orange entered into a contract with CT&T Concrete Paving Inc. The work was completed to the satisfaction of the Public Works Department.
3. RECOMMENDED ACTION
1. Accept the Community Development Block Grant Fiscal Year 2024-2025 Americans with Disabilities Act Wheelchair Access Ramp Replacement 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
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Agenda Item
City Council
Item #: 3.14. 6/24/2025 File #: 25-0343
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christoper Cash, Public Works Director
1. SUBJECT
Notice of Completion and Acceptance for Community Development Block Grant Fiscal Year 2024- 2025 Americans with Disabilities Act Wheelchair Access Ramp Replacement project, Bid No. 24-
25.15 (SP-4295).
2. SUMMARY
The project included the replacement of 10 wheelchair access ramps throughout the City of Orange.
The City of Orange entered into a contract with CT&T Concrete Paving Inc. The work was completed to the satisfaction of the Public Works Department.
3. RECOMMENDED ACTION
1. Accept the Community Development Block Grant Fiscal Year 2024-2025 Americans with Disabilities Act Wheelchair Access Ramp Replacement 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 Page 1 of 1 Printed on 6/19/2025
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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 “ CDBG FY 2024- 2025 Americans with Disabilities Act Wheelchair Access Ramp Replacement (Bid No. 24-25.15; SP-4295)” (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 June 24, 2025 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 CT&T Concrete Paving, a California corporation, with its principal office at 324 S Diamond Bar Blvd #275, Diamond Bar, State of California.
The name of the surety on the Labor and Material Bond for the Project is The Contractors Bonding and Insurance Company, Illinois (Bond No. RCB0050055) in the amount of $84,960.00.
DATED as of the 24th day of June 2025. 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 24th day of June 2025 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
342
Agenda Item
City Council
Item #: 3.15. 6/24/2025 File #: 25-0367
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director
1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange adding Chapter 9.44 of the Orange Municipal Code regulating nitrous oxide. Ordinance No.09-25
2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on June 10, 2025.
The Ordinance is now presented for Second Reading by title only, and adoption.
Vote at First Reading: AYES: Bilodeau, Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, Slater
NOES: None
ABSENT: None
3. RECOMMENDED ACTION
Adopt Ordinance No. 09-25.
4. ATTACHMENTS
· Ordinance No. 09-25
City of Orange Page 1 of 1 Printed on 6/19/2025
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Agenda Item
City Council
Item #: 3.15. 6/24/2025 File #: 25-0367
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director
1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange adding Chapter 9.44 of the Orange Municipal Code regulating nitrous oxide. Ordinance No.09-25
2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on June 10, 2025.
The Ordinance is now presented for Second Reading by title only, and adoption.
Vote at First Reading: AYES: Bilodeau, Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, Slater
NOES: None
ABSENT: None
3. RECOMMENDED ACTION
Adopt Ordinance No. 09-25.
4. ATTACHMENTS
· Ordinance No. 09-25
City of Orange Page 1 of 1 Printed on 6/19/2025
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ORDINANCE NO. 09-25
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE ADDING CHAPTER 9.44 OF
THE ORANGE MUNICIPAL CODE REGULATING
NITROUS OXIDE
WHEREAS, California Constitution, Article XI, Section 7, authorizes the City of Orange (“City”) to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with general laws; and
WHEREAS, nitrous oxide is an odorless, colorless chemical that can be inhaled for legitimate purposes associated with medical or dental procedures in a clinical setting, and is legitimately used for industrial purposes, automotive performance booster and as a propellant for food products; and
WHEREAS, nitrous oxide is also subject to recreational misuse and abuse, in part, because it is easy to purchase from retail vendors and relatively inexpensive; and WHEREAS, the recreational use of nitrous oxide as an intoxicating inhalant is an urgent public health challenge; and
WHEREAS, the City has connected the recreational use of nitrous oxide to several serious traffic accidents in recent years, which have caused property damage to an apartment building and the historic fountain in Old Towne Orange’s Plaza Park, as well as resulting in multiple injuries and fatalities; and
WHEREAS, medical authorities have linked the recreational use of nitrous oxide to serious health problems which can cause physical illness, mental illness, injury and/or even death; and
WHEREAS, although existing provisions of the California Penal Code address the sale, illegal use, and possession of nitrous oxide, they are not comprehensive enough to eliminate the uncontrolled possession, distribution, and sale of nitrous oxide in the City or County; and WHEREAS the Orange County Board of Supervisors recently adopted an ordinance to prohibit the sale or distribution of nitrous oxide in unincorporated Orange County, and encourages local municipalities to adopt similar regulations; and
WHEREAS, the City does not currently regulate the sale or distribution of nitrous oxide and finds and declares that in the absence of local regulation, nitrous oxide remains subject to significant risk of misuse and abuse through sale or distribution to individuals who intend to misuse or abuse the product; and
WHEREAS, the City desires to regulate the sale or distribution of nitrous oxide in order to preserve and protect public health and to dissuade sellers of nitrous oxide products from selling 345
2 to individuals whom they know or have reason to know intend to use the products for illegal purposes (i.e., recreational ingestion and/or inhalation); and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I:
The subject Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines (Guidelines) Sections 15060(c)(2) and 15060(c)(3) because review and evaluation of potential impact of the Ordinance demonstrate that it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and it is not a "project" as defined in Guideline 15378.
SECTION II:
New Chapter 9.44 of the Orange Municipal Code (Public Peace, Morals and Welfare – Nitrous Oxide) is hereby added to read as follows:
Chapter 9.44
NITROUS OXIDE
Sections:
9.44.010 Purpose.
9.44.020 Definitions.
9.44.030 Prohibition on Sale or Distribution of Nitrous Oxide.
9.44.040 Exceptions to Prohibition.
9.44.050 Enforcement.
9.44.010 Purpose.
This Chapter is enacted pursuant to the City’s police powers to protect the public safety, health, and welfare. The express purpose of this Chapter is to protect the public health and safety by eliminating retail access for recreational use of nitrous oxide, a very dangerous gas that is illicitly used as an intoxicant. This Chapter does not prohibit lawful use of nitrous oxide in medical, dental, or commercial applications as permitted by law.
9.44.020 Definitions.
“Device” means any cartridge, compressed gas cylinder, apparatus, container, balloon, attachment, nozzle, or other object used to contain or dispense or administer nitrous oxide. “Nitrous oxide” means any of the following substances: N2O, dinitrogen monoxide, dinitrogen oxide, nitrogen oxide, or laughing gas, as defined in California Penal Code Section 381c(a) as may be amended from time to time. Nitrous oxide is a colorless nonflammable gas sometimes 346
3 informally or colloquially referred to as “nitro”, “NOX”, “galaxy gas”, “whippits”, amongst other names.
“Wholesale capacity” means to sell nitrous oxide or a device to dispense nitrous oxide to a person that will use said product in the performance of its service or the production of its goods.
9.44.030 Prohibition on Sale or Distribution of Nitrous Oxide.
Except as otherwise allowed under this Chapter, it is unlawful for any person to sell, offer, distribute, display for sale, or otherwise provide to any person nitrous oxide, a device to dispense or administer nitrous oxide, or any device that contains any quantity of nitrous oxide.
9.44.040 Exceptions to Prohibition.
A. This Chapter does not apply to the sale, offer, distribution, display for sale, or any other manner of providing nitrous oxide, or a device containing any quantity of nitrous oxide, in the following circumstances:
1. If nitrous oxide is labeled and marketed as food-grade and is contained within a food product for use as a propellant or preservative, it must comply with City zoning laws under Title 17 when utilized in restaurants, food service establishments, retail convenience stores, grocery markets, or in houseware or grocery products.
2. If the nitrous oxide or device is being sold, offered, or distributed in a wholesale capacity. This exemption only applies provided the wholesaler does not know, nor should reasonably know, that the recipient intends to use the nitrous oxide or device in violation of section 9.44.030.
3. If the nitrous oxide or device is specifically designed, marketed, and safety-labeled for industrial use exclusively for automotive purposes, it must be utilized at a licensed automotive facility that is approved by the California Bureau of Automotive Repair and in compliance with City zoning laws under Title 17.
4. If the nitrous oxide is being administered for the purposes of medical or dental care only when prescribed, directed, or supervised by a medical or dental practitioner licensed by the State of California. The administration must adhere to all applicable laws, regulations, and standards governing the lawful prescription, order, or administration of nitrous oxide to the patient.
5. If the nitrous oxide or device is being dispensed by a pharmacist, pharmacist intern, or pharmacy as defined by California Business & Professions Code §§ 4030, 4036, and 4037, as may be amended, in the course of their duties as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy.
6. If the nitrous oxide or device is by a manufacturer classified under Code Number 325120 (industrial gas manufacturer) or 424690 (other chemical and allied products 347
4 merchant wholesalers) by the North American Industry Classification System (NAICS) as part of a manufacturing process or industrial operation.
7. Any person that possesses or distributes nitrous oxide under an express exemption pursuant to the California Penal Code §§ 381b-e as may be amended from time to time.
8. Or any other circumstances exempted under law.
9.44.050 Enforcement.
A. The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity.
B. In addition to any other remedy, any person violating any provision of this Chapter shall be guilty of a misdemeanor for each day such violation continues.
C. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter shall constitute a violation.
D. Any violation of this Chapter may be remedied by a civil action brought by the City Attorney. The City may recover reasonable attorneys' fees and costs of suit in any civil action brought by the City Attorney to remedy any violation of this Chapter.
E. Violations of this Chapter are hereby declared to be public nuisances subject to abatement by the City.
F. Nothing in this Chapter shall limit the City from pursuing administrative, civil, or criminal citations or to abate public nuisances or violations of this Chapter in accordance with 1.08 and 1.10 of the Orange Municipal Code.
SECTION III:
If any section, subdivision, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, 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 IV:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.
348
5 ADOPTED this ____ day of ___________________, 2025.
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Wayne W. Winthers,
Interim City Attorney, City of Orange
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 10th day of June, 2025, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 2025 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
349
Agenda Item
City Council
Item #: 3.16. 6/24/2025 File #: 25-0368
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director
1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending various sections in Title 13 of the Orange Municipal Code to update references to conform with current law and code provisions. Ordinance No. 10-25.
2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on June 10, 2025.
The Ordinance is now presented for Second Reading by title only, and adoption.
Vote at First Reading: AYES: Bilodeau, Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, Slater
NOES: None
ABSENT: None
3. RECOMMENDED ACTION
Adopt Ordinance No. 10-25.
4. ATTACHMENTS
· Ordinance No. 10-25
City of Orange Page 1 of 1 Printed on 6/19/2025
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Agenda Item
City Council
Item #: 3.16. 6/24/2025 File #: 25-0368
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director
1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending various sections in Title 13 of the orange Municipal Code to update references to conform with current law and code provisions. Ordinance No. 10-25.
2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on June 10, 2025.
The Ordinance is now presented for Second Reading by title only, and adoption.
Vote at First Reading: AYES: Bilodeau, Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, Slater
NOES: None
ABSENT: None
3. RECOMMENDED ACTION
Adopt Ordinance No. 10-25.
4. ATTACHMENTS
· Ordinance No. 10-25
City of Orange Page 1 of 1 Printed on 6/19/2025
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ORDINANCE NO. 10-25
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING SECTIONS IN TITLE
13 OF THE ORANGE MUNICIPAL CODE TO
DELETE OUTDATED LANGUAGE, UPDATE
REFERENCES TO CONFORM WITH CURRENT
LAW AND CODE PROVISIONS, AND ACHIEVE
INTERNAL CONSISTENCY
WHEREAS, the Orange Municipal Code requires updates, from time to time, to reflect current administrative or operational procedures adopted by the City; and WHEREAS, the changes proposed update the Code to delete outdated language, update references to conform with current law and code provisions, achieve internal consistency and otherwise capture general language clean-up.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I:
1. The subject Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines (Guidelines) Sections 15060(c)(2) and 15060(c)(3) because review and evaluation of potential impact of the Ordinance demonstrate that it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and it is not a "project" as defined in Guideline 15378.
2. The subject Ordinance is exempt from CEQA per Guideline 15061(b)(3) because it can be seen with certainty, after review and evaluation of the facts regarding the Zoning Code administrative amendments, that there is substantial evidence that adoption of this Ordinance would not have a significant effect on the environment and the common sense exemption applies.
SECTION II:
Section 13.04.080 of the Orange Municipal Code, “Public Utilities – Article I Water System – General Provisions – Pressure and Supply-Liability of City,” is hereby amended to read as follows:
13.04.080 - Pressure and Supply—Liability of City.
The City assumes no responsibility for loss or damage because of high water pressure or lack of water or pressure and merely agrees to furnish such quantities and pressures as are available in its general distribution system. The service is subject to shutdowns and variations required by the operation of the system.
352
2 SECTION III:
Section 13.36.010 of the Orange Municipal Code, “Public Utilities – Article I Water System – Regulations Relating to Cross-Connections – Required,” is hereby amended to read as follows:
13.36.010 – Required.
All consumers shall comply with the regulations of the California State Water Resources Control Board pursuant to the Cross-Connection Control Management Plan.
SECTION IV:
Section 13.36.060 of the Orange Municipal Code, “Public Utilities – Article I Water System – Regulations Relating to Cross-Connections – Backflow Prevention Devices,” is hereby amended to read as follows:
13.36.60 - Backflow Prevention Devices.
A. Approved Backflow Devices
1. Only backflow prevention devices which have been approved by the City shall be acceptable for installation by a water user connected to the City's water system.
2. The City will provide, upon request, to any affected consumer a list of approved backflow prevention devices.
B. Backflow Prevention Device Installation. Backflow prevention devices shall be installed pursuant to the Cross-Connection Control Management Plan of the California State Water Resources Control Board. Location of the devices should be as close as practical to the user's connection. The City shall have the final authority in determining the required location of a backflow prevention device.
C. Backflow Prevention Device Testing and Maintenance
1. The owners of any premises on which, or on account of which, backflow prevention devices are installed, shall have the devices tested by a person who has demonstrated their competency in testing of these devices to the City. Backflow prevention devices must be tested at least annually and immediately after installation, relocation or repair.
The City may require a more frequent testing schedule if it is determined to be necessary. No device shall be placed back in service unless it is functioning as required.
A report in a form acceptable to the City shall be filed with the City each time a device is tested, relocated or repaired. These devices shall be serviced, overhauled, or replaced whenever they are found to be defective and all costs of testing, repair, and maintenance shall be borne by the water consumer.
353
3 2. The City shall supply affected consumers with a list of persons acceptable to the City to test backflow prevention devices. The City will notify affected consumers by mail when annual testing of a device is needed and also supply users with the necessary forms which must be filled out each time a device is tested or repaired.
D. Backflow Prevention Device Removal
1. Approval must be obtained from the City before a backflow prevention device is removed, relocated, or replaced.
a. Removal. The use of a device may be discontinued and the device removed from service upon presentation of sufficient evidence to the City to verify that a hazard no longer exists or is not likely to be created in the future; b. Relocation. A device may be relocated following confirmation by the City that the relocation will continue to provide the required protection and satisfy all installation requirements. A retest will be required following the relocation of the device; c. Repair. A device may be removed for repair, provided the water use is either discontinued until repair is completed and the device is returned to service, or the service connection is equipped with other backflow protection approved by the City. A retest will be required following the repair of the device; and d. Replacement. A device may be removed and replaced provided the water use is discontinued until the replacement device is installed. All replacement devices must be approved by the City and must be commensurate with the degree of hazard involved.
SECTION V:
Section 13.36.070 of the Orange Municipal Code, “Public Utilities – Article I Water System – Regulations Relating to Cross-Connections – Administrative Procedures,” is hereby amended to read as follows:
13.36.70 - Backflow Administrative Procedures.
A. Water System Survey
1. The City shall review all requests for new services to determine if backflow protection is needed. Plans and specifications must be submitted to the City upon request for review of possible cross-connection hazards as a condition of service for new service connections. If it is determined that a backflow prevention device is necessary to protect the public water system, the required device must be installed before service will be granted.
354
4 2. The City may require an on-premises inspection to evaluate cross-connection hazards.
The City will either verbally or in writing, request an inspection appointment to each affected water user. Any consumer which cannot or will not allow an on-premises inspection of their piping system shall be required to install the backflow prevention device the City considers necessary.
3. The City may, at its discretion, require a reinspection for cross-connection hazards of any premises to which it serves water. The City will either verbally or in writing request an inspection appointment to each affected water user. Any consumer which cannot or will not allow an on-premises inspection of their piping system shall be required to install the backflow prevention device the City considers necessary.
B. Consumer Notification—Damaged, Missing or Improperly Installed Backflow Prevention Assemblies
1. In the event that a backflow prevention assembly is missing (or stolen), installed incorrectly, illegally modified, or tampered with, the City shall implement the following actions:
a. The City will notify the consumer of the survey findings, listing corrective action to be taken if required. A period of 60 days will be given to complete all corrective action required including installation of backflow prevention devices. b. A second notice will be sent to each consumer which does not take the required corrective action prescribed in the first notice within the 60-day period. The second notice will give the consumer a two-week period to take the required corrective action. If no action is taken within the two-week period the City may terminate water service to the affected consumer until the required corrective actions are taken.
C. Consumer Notification—Testing and Maintenance
1. The City will notify each affected consumer, mailed on the last week of the previous month, when it is time for the backflow prevention device installed on their service connection to be tested. This written notice (first letter) shall give the consumer 30 days to have the device tested and supply the consumer with the necessary form to be completed and resubmitted to the City.
2. After the 30-day expiration, there will be a 10-calendar day grace period prior to a second notice (second letter) sent to each consumer which does not have their backflow prevention device tested as prescribed in the first letter. The second notice will give the consumer 15 days to have the device tested and supply the consumer with the necessary form to be completed and resubmitted to the City.
3. After the 15-day expiration, there will be a 10-calendar day grace period prior to a third notice (final notice) sent to each consumer which does not have their backflow 355
5 prevention device tested as prescribed in the second letter. The final notice will give the consumer 5 days to have the device tested and supply the consumer with the necessary form to be completed and resubmitted to the City. If no action is taken after the final notice, the City may terminate water service to the affected consumer until the subject device is tested.
SECTION VI:
Section 13.40.110 of the Orange Municipal Code, “Public Utilities – Article I Water System – Wells – Standards for Construction, Reconstruction or Destruction,” is hereby amended to read as follows:
13.40.110 - Standards for Construction, Reconstruction or Destruction.
Standards for the construction, reconstruction or destruction of wells shall be the standards recommended in the State Department of Water Resources Bulletin No. 74, Part II and future amendments thereto. Standards for the construction, alteration, or destruction of cathodic protection wells shall be the standards recommended in the State Department of Water Resources Bulletin No. 74-1, and future amendments thereto.
SECTION VII:
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 VIII:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.
ADOPTED this day of , 2025.
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
356
6 APPROVED AS TO FORM:
Wayne W. Winthers,
Interim 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 10th day of June, 2025, and thereafter at the regular meeting of said City Council duly held on the ___ day of _______, 2025, 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
357
Agenda Item
City Council
Item #: 3.17. 6/24/2025 File #: 25-0369
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director
1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code to allow Single-Room Occupancy housing as a permitted use in certain zoning districts and related definitions and development standards. Ordinance No. 11-25.
2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on June 10, 2025.
The Ordinance is now presented for Second Reading by title only, and adoption.
Vote at First Reading: AYES: Barrios, Dumitru, Gutierrez, Gyllenhammer, Slater
NOES: Bilodeau, Tavoularis
ABSENT: None
3. RECOMMENDED ACTION
Adopt Ordinance No. 11-25.
4. ATTACHMENTS
· Ordinance No. 11-25
City of Orange Page 1 of 1 Printed on 6/19/2025
powered by Legistar™358
Agenda Item
City Council
Item #: 3.17. 6/24/2025 File #: 25-0369
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director
1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code to allow Single-Room Occupancy housing as a permitted use in certain zoning districts and related definitions and development standards. Ordinance No. 11-25.
2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on June 10, 2025.
The Ordinance is now presented for Second Reading by title only, and adoption.
Vote at First Reading: AYES: Barrios, Dumitru, Gutierrez, Gyllenhammer, Slater
NOES: Bilodeau, Tavoularis
ABSENT: None
3. RECOMMENDED ACTION
Adopt Ordinance No. 11-25.
4. ATTACHMENTS
· Ordinance No. 11-25
City of Orange Page 1 of 1 Printed on 6/19/2025
powered by Legistar™359
ORDINANCE NO. 11-25
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING TITLE 17 (ZONING)
OF THE ORANGE MUNICIPAL CODE TO MAKE
SINGLE-ROOM OCCUPANCY (SRO) A PERMITTED
USE IN CERTAIN ZONING DISTRICTS AND BY
ADDING DEFINITIONS AND DEVELOPMENT
STANDARDS RELATED TO SRO DEVELOPMENT.
WHEREAS, the City of Orange (City) recognizes the opportunity for Single Room Occupancy (SRO) units to meet housing needs of the community, especially extremely-low, verylow and low-income households; and WHEREAS, The City seeks to fulfill our Regional Housing Needs Assessment (RHNA) allocation, which includes 1,067 units affordable to very-low-income households and, 604 units affordable to low-income households; and
WHEREAS, the City is updating the Orange Municipal Code to permit Single-Room Occupancy units in appropriate zoning districts, subject to requirements of State Law (Proposed Ordinance); and
WHEREAS, these requirements include implementing standards, provisions and limitations governing the permitting, development, siting, and management of Single-Room Occupancy units; and
WHEREAS, the Planning Commission, having considered the proposed changes to the OMC at a public hearing held on April 21, 2025 and having received public testimony on the item, determined the Proposed Ordinance serves the City’s best interests and furthers the public health, safety and general welfare; and
WHEREAS, the City Council, having now considered the proposed changes to the OMC at a public hearing held on June 10, 2025, including review of the staff report, and having received public testimony on the item, desires to adopt the Proposed Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I:
That the recitals and findings contained herein are true and correct, incorporated herein, and with the public record, form the basis for this Ordinance.
SECTION II:
Section 17.04.020 of the Orange Municipal Code, “Zoning – Definitions – “A” Definitions,” is hereby amended to include the following definition, in alphabetical order:
360
2 “Adaptive Reuse” means reusing an existing building for a purpose other than which it was originally built or designed for.
SECTION III:
Section 17.04.038 of the Orange Municipal Code, “Zoning – Definitions – “S” Definitions,” is hereby amended to read as follows:
“Single Room Occupancy” means a single room that is the primary residence of its occupant or occupants. The unit must contain either food preparation or sanitary facilities, and may contain both. If the units do not contain sanitary facilities or food preparation facilities, the building must contain food preparation and/or sanitary facilities that are shared by tenants. Single Room Occupancy is different from and, does not include, uses defined in Title 17 as "dormitory," or "dormitory-style housing," or "student housing."
SECTION IV:
Section 17.18.140 of the Orange Municipal Code, “Zoning – Commercial Districts Single Room Occupancy Housing is hereby added to read as follows:
17.18.140 Single Room Occupancy Housing Development Standards.
A. Purpose. The purpose of these provisions is to allow the development of reduced-size dwelling units, defined as single room occupancy (SRO) units, which provide additional options for affordable housing opportunities. These SRO regulations establish development and operational standards for single-room occupancy units and are considered to be in addition to the regulations of the underlying zoning districts where SRO development is permitted.
B. Affordability. All units within SRO projects shall be deed restricted, via an affordable housing agreement with the City, for occupancy by very-low and low-income individuals as defined by the City's housing element, with the exception of a 24-hour manager unit.
C. Applicability. The standards contained in this section shall apply to all SRO units.
D. Development and Operational Standards.
1. Occupancy. A SRO unit shall be occupied by not more than two persons. Occupancy of SRO units may be restricted to seniors.
2. Tenancy. Tenancy of SRO units shall be offered for a minimum of 30 days or longer.
3. Unit Size. The minimum size of a SRO unit shall be 150 square feet and the maximum size shall be 375 square feet.
361
3 4. Management. A SRO management plan shall be submitted to, reviewed, approved, and enforced by the Community Development Director or designee. The management plan shall be approved before issuance of a certificate of occupancy. The management plan shall contain management policies, operations, emergency procedures, overnight guest policy, security program including video cameras monitoring building access points at every floor, rental procedures and proposed rates, maintenance plans, staffing needs, and tenant mix, selection and regulations. An on-site 24-hour manager is required in every SRO project. A manager's unit shall be provided which shall be designed as a complete residential unit and be a minimum of 300 square feet in size, and a maximum of 1,000 square feet in size.
Each SRO project may be subject to review at any time by the City, which includes, but is not limited to, the review of management services, property maintenance, or property operations. Income levels shall be verified by a third party and submitted to the City annually on the anniversary date of the project’s certificate of occupancy or final inspection, whichever is last. The SRO management plan shall define third party verification criteria. The SRO project owner shall be responsible for filing an annual report with the Community Development Department, which includes the range of monthly rents, the monthly income of residents, occupancy rates, and the number of vehicles owned by residents.
5. Entrances. All SRO units shall be independently accessible from a single main entry, excluding emergency and other service support exits, which shall be situated adjacent to and in full view of the manager’s desk.
6. Cooking Facilities. Cooking facilities shall be provided either in individual units or in a community kitchen. Where cooking is in individual SRO units, each unit shall have a sink with hot and cold water, with a garbage disposal, a countertop measuring a minimum of 18 inches wide by 24 inches deep, with dedicated electrical outlets and a microwave oven or properly engineered cook top unit pursuant to Building Code requirements, and a refrigerator. A complete kitchen facility available for residents shall be provided on each floor of the structure, if each individual unit is not provided with a minimum of a refrigerator and a microwave oven.
7. Bathroom facilities. A SRO unit is not required to, but may contain, partial or full restroom facilities. A partial restroom facility shall have a toilet and sink in an enclosed compartment with a door. This compartment shall be a minimum of 15 square feet. A full restroom facility shall have a toilet, sink, and bathtub, shower, or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor on the same floor as the units it is intended to serve and shall be accessible from a common area or hallway and one full bathroom per four units. Each shared shower or bathtub facility shall be provided with an interior lockable door.
8. Closet. Each SRO unit shall have a separate enclosed closet. The closet shall be at least 120 cubic feet with a minimum four-foot horizontal dimension along one plane. 362
4 9. Common Area. A minimum of ten square feet for each unit or 250 square feet, whichever is greater, shall be provided for a common area within the building and shall be accessible to all residents at all times. All common areas shall be within the building occupied by SRO units. Dining rooms, meeting rooms, recreational rooms, or other similar areas approved by the city shall be considered common areas. Shared bathrooms, shared kitchens, janitorial storage, laundry facilities, utility rooms, secured office area, and common hallways shall not be considered as common areas. Common area shall be provided on the ground floor adjacent to the entry area, managers unit, and office. The common area shall provide a central focus for tenant social interaction and meetings.
10. Office. A secured office area shall be incorporated in the facility for the storage of confidential resident records and security office personnel.
11. Mailboxes. Mailboxes shall be provided for each unit, located near the lobby in plain view of the entry desk.
12. Laundry Facilities. Laundry facilities shall be provided in the building, in a separate room, at the ratio of one washer and dryer for every 10 units, with at least one washer and dryer per floor.
13. Janitorial Storage. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility.
14. Parking. See Chapter 17.34.060 (Off-Street Parking and Loading - Required Number of Parking Spaces).
SECTION V:
The Single-family Dwelling Use provisions of Table 17.34.060.A of the Orange Municipal Code, “Zoning – Off-Street Parking and Loading – Required Number of Parking Spaces for Residential Uses,” is hereby amended to read as follows:
Table 17.34.060.A
REQUIRED NUMBER OF PARKING SPACES FOR RESIDENTIAL USES
USE REQUIRED NUMBER OF SPACES
Single Room
Occupancy
(SRO)
No additional off-street parking spaces are required than what was existing at the time of conversion to SRO.
SECTION VI:
Table 17.13.030 of the Orange Municipal Code, “Zoning – Master Land Use Table – Permitted Uses,” is hereby amended to add the following:
363
5 ZONIN
G
RESIDENTIAL COMMERCIAL MIXED USE INDUSTR
IAL
AGRICULTU
RAL
OPEN SPACE
P
I
OVERL
AY
SAND
&
GRAV
EL
LAN
D
USE
R1-5RtoR1-6
-15
R1R-140 &R1-20 to
-R
R2R2-6 to
-8
R-3R-4MHOPCP/C1CTRC2C3CROTMU-15SOTMU-15OTMU-24NMU-24UMUM1M2A1ROSHPIFP-1FP-2SG Housing—Includes all structures permitted as living quarters whether they be for short or long-term occupancy. Includes all uses identified in California Building Code definitions that are preceded with main entry words (key terms) that include one of the following: Dwelling, unit, house, housing, congregate, residence, multifamily, dormitory, home(s), hotel, motel, residential care facility, residential facility, or lodging.
Single
Room
Occup
ancy
- - - - - - - - P
*
P
*
P
*
- - - - - - - - - - - - - - - -
364
6 SECTION VII:
Section 17.13.040 of the Orange Municipal Code, “Zoning – Master Land Use Table – Special Use Regulations,” is hereby amended to add the following:
HHH. Single Room Occupancy Housing (SRO).
1. Adaptive Reuse of the following existing structures that meet the following criteria only.
a. Motel/Hotel with 30 guest rooms or less.
b. Office Buildings with a total gross floor area of 5,000 square feet or less.
2. Only those buildings that meet the criteria of 17.13.040 (HHH)(1) that are existing at the time of adoption of this ordinance shall be eligible for conversion to SRO. No buildings constructed after the adoption of this ordinance are eligible for SRO conversion.
3. If any building that is eligible for conversion to SRO at the time of the adoption of this ordinance is demolished or partially destroyed by fire, explosion, act of God, act of a public enemy, collapse, or any other casualty or calamity, beyond 75% of the appraised value (as defined by this section) is no longer eligible for conversion to SRO.
In determining the appraised value of a structure eligible for SRO conversion, the cost of land or any factors other than those concerning the affected structure itself shall not be considered.
Appraised value, for the purpose of this section, shall mean the market value of the structure as reported by the owner, based upon the market value of comparable structures in the City. Where the City and owner do not agree upon the appraised value based on said comparable, appraised value shall mean the value reported by a qualified appraiser, approved by the City, hired by the owner to determine the value of the structure
4. Any conversion of existing buildings to SRO must be done for the entire site. No partial conversions to SRO are allowed.
SECTION VIII:
Section 17.10.060.D.1.l of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Site Plan Review – Minor Site Plan Review - Criteria,” is hereby amended to read as follows:
l. Adaptive reuse of an existing building, specified in OMC 17.13.040 HHH., to provide single room occupancy housing pursuant to OMC 17.18.140. 365
7 SECTION IX:
The proposed project is not subject to the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the state CEQA Guidelines (Common Sense Exemption) because (1) it can be seen with certainty that there is no possibility that it would have a significant effect on the environment; and (2) Section 15378 because it will not have a direct or reasonably foreseeable indirect physical change on the environment and is not a "project." For this reason, no further CEQA documentation is required.
SECTION X:
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 XI:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.
ADOPTED this ____ day of _____________________ 2025.
_____________________________________
Daniel R. Slater, Mayor, City of Orange
ATTEST:
________________________________________
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Wayne W. Winthers,
Interim City Attorney
366
8 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 10th day of June, 2025, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 2025 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
367
Agenda Item
City Council
Item #: 3.18. 6/24/2025 File #: 25-0370
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director
1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange adding Chapter 5.100 of the Orange Municipal Code establishing Code provisions including operational standards and permitting requirements for tobacco retail establishments. Ordinance No. 12-25.
2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on June 10, 2025.
The Ordinance is now presented for Second Reading by title only, and adoption.
Vote at First Reading: AYES: Bilodeau, Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, Slater
NOES: None
ABSENT: None
3. RECOMMENDED ACTION
Adopt Ordinance No. 12-25.
4. ATTACHMENTS
· Ordinance No. 12-25
City of Orange Page 1 of 1 Printed on 6/19/2025
powered by Legistar™368
Agenda Item
City Council
Item #: 3.18. 6/24/2025 File #: 25-0370
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director
1. SUBJECT
Second Reading and adoption of an Ordinance of the City Council of the City of Orange adding Chapter 5.100 of the Orange Municipal Code establishing Code provisions including operational standards and permitting requirements for tobacco retail establishments. Ordinance No. 12-25.
2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on June 10, 2025.
The Ordinance is now presented for Second Reading by title only, and adoption.
Vote at First Reading: AYES: Bilodeau, Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, Slater
NOES: None
ABSENT: None
3. RECOMMENDED ACTION
Adopt Ordinance No. 12-25.
4. ATTACHMENTS
· Ordinance No. 12-25
City of Orange Page 1 of 1 Printed on 6/19/2025
powered by Legistar™369
ORDINANCE NO. 12-25
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE ADDING CHAPTER 5.100 OF
THE ORANGE MUNICIPAL CODE ESTABLISHING
A TOBACCO RETAILER PERMIT PROGRAM
WHEREAS, California Constitution, Article XI, Section 7, authorizes the City of Orange (“City”) to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with general laws; and
WHEREAS, California Business and Professions Code § 22971.3 and Health and Safety Code § 104559.5(i) confirm that State law does not preempt more restrictive local tobacco regulation, except regarding State tax collection. It also allows local licensing laws to provide for the suspension or revocation of a local license for any violation of a State tobacco control law; and WHEREAS, the State of California enacted laws to limit youth access to tobacco products, including SB 7 (raising the purchase age to 21), SB 793 (prohibiting flavored tobacco), and AB 935 (enhancing enforcement); and
WHEREAS, California courts in Cohen v. Board of Supervisors (1985) 40 Cal.3d 277, Bravo Vending v. City of Rancho Mirage (1993) 16 Cal.App.4th 383, and Prime Gas v. City of Sacramento (2010) 184 Cal.App.4th 697, have affirmed the power of local jurisdictions to regulate business activity in order to discourage violations of law; and WHEREAS, on March 18, 2022, the Ninth Circuit Court of Appeals in R.J. Reynolds Tobacco Company et al v. County of Los Angeles, et al (9th Cir. 2022) 29 F.4th 542 held that the Family Smoking Prevention and Tobacco Control Act, codified at 21 USC §387 et seq., did not preempt a city from banning the sale of some or all tobacco products; and WHEREAS, the City Council finds that a local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the City Council to protect the health, safety, and welfare of our residents; and WHEREAS, the City Council intends to ensure compliance with the business standards and practices of the City and encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those which prohibit or discourage the sale or distribution of tobacco and nicotine products to youth.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I:
1. The subject Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines (Guidelines) Sections 15060(c)(2) and 15060(c)(3) because review and evaluation of potential impact of the Ordinance 370
2 demonstrate that it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and it is not a "project" as defined in Guideline 15378.
SECTION II:
New Chapter 5.100 of the Orange Municipal Code (Business Tax and Regulations – Tobacco Retailers) is hereby added to read as follows:
Chapter 5.100
TOBACCO RETAILERS
Sections:
5.100.010 - Purpose.
5.100.020 - Definitions.
5.100.030 - Tobacco Retailer Permit Eligibility.
5.100.040 - Tobacco Retailer Permit Applications.
5.100.050 - Issuance, Renewal, or Denial of Tobacco Retailer Permit.
5.100.060 - Prohibitions and Requirements.
5.100.070 - Compliance Monitoring and Right of Entry.
5.100.080 - Violations - Fines, Suspension, Revocation.
5.100.090 - Appeals – Denial, Suspension, Revocation.
5.100.100 - Enforcement.
5.100.010 - Purpose.
The purpose of this Chapter is to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those that prohibit or discourage the sale or distribution of tobacco products to minors, but not to expand or reduce the degree to which the acts regulated by Federal, or State law are criminally proscribed or to alter the penalty provided for violations.
5.100.020 - Definitions.
“Ancillary tobacco retailer” means a business is a business, such as a grocery store, supermarket, convenience store, or gas station, where less than 20% of its floor or display area is dedicated to the sale or display of conventional cigars, cigarettes, or tobacco products. “Arm’s length transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of violations of this Chapter that occurred at the location, is presumed not to be an arm’s length transaction. 371
3 “Cannabis” means the substance defined in California Business and Professions Code Section 26001 and/or California Health and Safety Code Section 11018, as those sections may be amended from time to time.
“Characterizing flavor” means a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product, as defined in California Health and Safety Code Section 104559.5(a)(1), as that section may be amended from time to time.
“Drug paraphernalia” means any instrument, device, or material used, designed for use, or intended for use in ingesting, inhaling, or preparing cannabis, hashish, hashish oil, cocaine, or other controlled substances, as defined in California Health and Safety Code Sections 11014.5, 11364.5, and 11364.7, as those sections may be amended from time to time. “Electronic smoking device” means an electronic and/or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substance in aerosolized or vaporized form to a person, as well as any component, part, or accessory for the device that is used during its preparation, consumption, or operation. “Electronic smoking device” includes, but is not limited to, electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes, vape pen, electronic hookahs, cartridges, cartomizers, e-liquid, smoke juice, tanks, vaporizers, tips, atomizers, device batteries, device charges, or any component, part, or accessory of such a device as contained in State law. “Electronic smoking device” does not include any product specifically approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes. “E-liquid” means any substance that is intended to be consumed in aerosolized or vaporized form using an electronic smoking device, regardless of the nicotine content or other substance. “Flavored tobacco product” means any tobacco product that contains a characterizing flavor, as defined in California Health and Safety Code Section 104559.5(a)(6), as that section may be amended from time to time.
“Hearing officer” means impartial person such as:
(1) Any administrative law judge provided by the State of California Office of Administrative Hearings pursuant to Government Code section 27727; (2) Any duly appointed individual who meets the requirements of Government Code section 27724;
(3) Any independent contractor hired from an organization that provides hearing officers; or,
(4) Any person stipulated upon by the City Manager and Appellant. “Imitation tobacco product” means any edible non-tobacco product designed to resemble a tobacco product or any non-edible non-tobacco product designed to resemble a tobacco product that is 372
4 intended to be used by children as a toy. Examples of imitation tobacco products include, but are not limited to, candy or chocolate cigarettes, bubble gum cigars, shredded bubble gum resembling spit tobacco, and shredded beef jerky in containers resembling snuff tins. “Nitrous oxide” means any of the following substances: N2O, dinitrogen monoxide, dinitrogen oxide, nitrogen oxide, or laughing gas, as defined in California Penal Code Section 381c(a) as may be amended from time to time. Nitrous oxide is a colorless nonflammable gas sometimes informally or colloquially referred to as “nitro”, “NOX”, “galaxy gas”, “whippits”, amongst other names.
“Permittee” means any proprietor who holds a valid Tobacco Retailer Permit issued pursuant to this Chapter.
“Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent (10%) or greater interest in the stock, assets, or income of a business, other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person has, or shares, control over the day-to-day operations of a business.
“Significant tobacco retailer” means a business that derives twenty percent (20%) or more of its floor or display area dedicated to the sale or display of tobacco products or tobacco paraphernalia. “Smoking” means the act of inhaling, exhaling, burning, or carrying any lighted or heated device or substance, including tobacco, as defined in California Business and Professions Code Section 22950.5(c), as that section may be amended from time to time. “Smoking lounge” means a business establishment, or part thereof, dedicated to the smoking of tobacco products, electronic cigarettes, or other substances, including but not limited to establishments commonly known as private smoker’s lounges, cigar lounges, hookah lounges, tobacco clubs, or tobacco bars.
“Tobacco paraphernalia” means cigarette papers or wrappers, blunt wraps as defined in California Penal Code Section 308, pipes, holders of smoking materials of all types, cigarette rolling machines, or any other instruments or items designed or marketed for the consumption, preparation, storing, use, smoking or ingestion of tobacco products, as those sections may be amended from time to time.
“Tobacco product” means any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, as defined in California Business and Professions Code Section 22950.5(d), as that section may be amended from time to time. “Tobacco Product Flavor Enhancer” has the meaning set forth in Health and Safety Code Section 104559.5 (a) (18), as may be amended from time to time. “Tobacco retailer” means any person, proprietor, or any of the tobacco retailer’s agents or employees, who sells, offers for sale, exchanges, displays, or offers to exchange for any form of 373
5 consideration, tobacco, tobacco products, or tobacco paraphernalia without regard to the quantity sold, offered for sale, exchanged, displayed, or offered for exchange. “Tobacco retailing” means engaging in any activities related to the sale, exchange, display, or offer for exchange of tobacco products, including operating as an ancillary tobacco retailer or a significant tobacco retailer.
5.100.030 - Tobacco Retailer Permit Eligibility.
A. Permit Requirement.
All persons intending to engage in tobacco retailing must obtain a Tobacco Retailer Permit for each business location within 60 days of the effective date of this Chapter.
B. Zoning and Land Use Restrictions.
1. Permits shall not be issued for locations that violate the City’s Zoning Code (Title 17) or are in zones designated solely for residential use.
2. Permits shall not be issued for tobacco retailing at any smoking lounge. Smoking lounges are prohibited in all zones.
C. Population-Based Cap.
1. The total number of tobacco retailer permits shall not exceed one per 2,500 residents.
2. Population shall be determined based on the most current U.S. Census Bureau or California Department of Finance data, whichever is more recent at the time of application.
3. No new permits shall be issued once the population-based cap is reached.
D. Prohibited Business Types.
1. Permits shall not be issued or renewed for tobacco retailing in pharmacies as defined by State law.
2. Permits shall not be issued or renewed for any premises licensed by the State to serve alcohol for on-site consumption, restaurants, or businesses offering food for on-site consumption.
E. Buffer Zones.
1. No permit shall be issued or renewed for a location within 500 feet of the following uses:
a. Another permitted tobacco retailer;
374
6 b. A sensitive use, including, but not limited to: schools (public or private, preschool, K–12), libraries, parks, playgrounds, recreational facilities, daycare centers (Health & Safety Code § 1596.76), healthcare facilities, elder care facilities, houses of worship, or other youth-oriented locations.
2. Distance is measured in a straight line from the nearest point on the property line of the parcel where the proprietor’s business is located to the nearest point on the property line of the parcel of another tobacco retailer or a sensitive use, without regard to intervening structures or obstacles.
F. Nonconforming Use Exception.
A retailer lawfully operating on the effective date of this ordinance may continue under the following conditions:
1. The permit is timely obtained and renewed without lapse or permanent revocation.
2. The business does not close or suspend tobacco retailing for more than 60 consecutive days.
3. No substantial change to the premises or operations occurs, including:
a. A transfer in ownership unless it is a bona fide arm’s length transaction; b. A change made primarily to evade enforcement or penalties.
4. The retailer remains compliant with all applicable laws.
If the City finds the operation has substantially changed, the retailer bears the burden of proving otherwise by a preponderance of the evidence.
G. Expiration of Legal Nonconforming Use.
Permits issued under this section shall be treated as legal nonconforming uses under Chapter 17.38 of the Zoning Code and subject to its provisions, including amortization and termination requirements.
H. Permit is Conditional.
A Tobacco Retailer Permit grants only a limited and conditional privilege to operate at the location listed on the permit. It does not confer any vested right and does not supersede any other applicable law, including:
1. The City’s zoning, building, or business license requirements;
2. Labor Code § 6404.5 regarding smoking in enclosed workplaces. 375
7 5.100.040 - Tobacco Retailer Permit Applications.
A. Permit Required.
No person shall engage in tobacco retailing within the City without first obtaining and maintaining a valid Tobacco Retailer Permit for each specific location.
B. Application Procedure.
1. Applications must be submitted on forms provided by the City and include a nonrefundable annual fee as set by City Council resolution.
2. Each application shall include, at minimum, the following:
a. Full legal name, date of birth, government-issued identification number, mailing address, phone number, and email for each proprietor; b. Business name, address, phone number, and hours of operation; c. Disclosure of any prior permit suspensions or revocations under this Chapter, including dates and reasons;
d. Proof of a valid State tobacco retailer license from the California Department of Tax and Fee Administration;
e. Any other information deemed necessary by the City Manager for the administration or enforcement purposes;
f. A signed certification by each proprietor under penalty of perjury affirming the accuracy of the information provided and compliance with this Chapter.
C. Authority to Adopt Administrative Regulations.
The City Manager may adopt and implement additional administrative regulations, consistent with this Chapter, to effectively enforce and administer local tobacco control measures. All regulations must be published in advance and filed with the City Clerk’s Office for public inspection.
D. Change of Information.
Permittee shall notify the City in writing of any changes to submitted application information within 10 calendar days. A fee as set by City Council resolution may be imposed for processing such changes.
376
8 E. Non-Transferability.
Tobacco Retailer Permits are non-transferable between persons, proprietors, or locations.
Any attempted transfer shall be null and void. A new permit application is required for any change in ownership or location, subject to all applicable conditions.
F. Effect of Prior Violations at Location.
Permit ineligibility due to prior violations at a location shall continue to apply unless:
1. The business has been transferred to a new proprietor or proprietors in a bona fide arm’s length transaction; and
2. The new proprietor submits clear and convincing evidence of such transfer to the City’s satisfaction.
5.100.050 - Issuance, Renewal, or Denial of Tobacco Retailer Permit.
A. Tobacco Retail Permit Review and Issuance.
The City Manager or designee reviews each completed Tobacco Retail Permit application and may conduct an investigation to determine compliance with this Chapter and applicable laws. A Tobacco Retail Permit may be issued or renewed unless the City Manager determines that one or more of the following conditions exist:
1. The application is materially incomplete or contains inaccurate, false, fraudulent, or misleading information;
2. The applicant seeks authorization for tobacco retailing that is prohibited, unlawful or violates this Chapter or other applicable City, County, State, or Federal law or regulation;
3. The applicant has not resolved outstanding fines, penalties, fees, or taxes owed to the City in connection with tobacco retailing activities or other applicable laws;
4. The location is currently subject to an active suspension or revocation proceeding, unless:
a. The applicant has acquired the business or premises through a good-faith, arm’s length transaction and provides satisfactory documentation; or b. At least five years have passed since the date of revocation.
B. Tobacco Retail Permit Term and Renewal.
1. A permit is valid for one year from the date of issuance and must be renewed annually to continue as a tobacco retailer.
377
9 2. To maintain continuity, renewal applications should be submitted at least 30 days before expiration.
3. Any permit not renewed by its expiration date automatically expires at midnight, with no grace period or temporary permit issued thereafter. Once a permit expires, all tobacco retailing must cease. A new application is required, subject to all applicable conditions.
4. If a permit has expired during a suspension or revocation period, the permittee may reapply after the enforcement action has concluded, subject to all applicable conditions of this Chapter.
5.100.060 - Prohibitions and Requirements.
A. Compliance with Laws.
Tobacco retailers shall operate in accordance with all applicable local, State, and Federal laws, including but not limited to zoning, building, fire, public health, safety, general welfare and tobacco control regulations.
B. Fixed Location Required.
Tobacco retailing must occur from a fixed, permanent location. Retailing from vehicles, temporary structures, or mobile operations (e.g., carts, pop-up booths) is prohibited.
C. Prohibited Products and Activities.
The following items shall not be sold, distributed, displayed, furnished, administered, exchanged, given away, or possessed with the intent to sell or offered for sale by any tobacco retailer:
1. Drug paraphernalia;
2. Nitrous oxide or any device used to dispense it as defined by State law and City Code;
3. Cannabis, cannabis products, cannabis accessories, or edible cannabis products as defined in State or Federal law;
4. Controlled substances, including marijuana where applicable, as governed by California Health and Safety Code Sections 11351, 11352, 11359, 11360, 11366, 11378, and 11379 as may be amended from time to time.
5. Flavored tobacco products and tobacco product flavor enhancer, as prohibited under State or Federal law;
378
10 6. Electronic smoking devices and related paraphernalia and accessories, effective July 1, 2026, unless preempted or otherwise limited by State or Federal law at that time;
7. Imitation tobacco products, including but not limited to candy cigarettes and bubble gum cigars;
8. Edible tobacco look-alike products, including but not limited to snacks packaged or marketed to resemble tobacco products;
9. Disguised vape or electronic smoking devices, including but not limited to those made to look like USB drives, pens, markers, phone cases, watches, lipstick, remote keys or other non-tobacco items.
10. Unlawful weapon sales, including but not limited to violations of California Penal Code sections 17235 (switchblade knives over two inches), 20410 (ballistic knives), 21810 (brass knuckles) as may be amended from time to time, and any other applicable local, State or Federal laws.
D. Self-Service Displays.
Self-service displays of tobacco products are prohibited as established by State law. All tobacco sales must be conducted by a tobacco retailer directly assisting the customer.
E. Minimum Age and Identification.
1. No person under the minimum legal age determined by the stricter of State or Federal law for purchasing or possessing tobacco products may engage in, or assist with tobacco retailing.
2. A tobacco retailer must request and check a valid, government-issued photo identification of any person who appears under thirty (30) years of age, to ensure the customer meets the minimum age to purchase and possess tobacco products as required by the stricter of State or Federal law.
F. Packaging, Labeling, and Pricing.
1. Tobacco products must be sold in the original manufacturer’s packaging, compliant with all Federal and State labeling and child-resistant packaging laws.
2. Prices must be clearly displayed on the product or nearby shelf or signage.
G. Display of Licenses and Permits.
The City-issued Tobacco Retailer Permit, business license, and all applicable State or Federal licenses must be visibly posted within 5 feet of the point-of-sale register. 379
11 H. Premises Regulations.
1. The business must maintain a clearly designated front entrance for customers. All non-emergency public access must occur through this entrance.
2. Front entrance doors must remain unlocked during regular business hours, unless temporarily secured for safety or emergency response.
3. No business shall engage in tobacco retailing between the hours of 2 o’clock a.m. and 6 o’clock a.m. of the same day, effective July 1, 2026, unless preempted or otherwise limited by State or Federal law at that time
I. Signage Compliance.
Retailers must comply with all signage requirements in Title 17 of the Orange Municipal Code and all applicable State and Federal laws related to tobacco warnings, age restrictions, and advertising.
J. Special Events and Temporary Retailing Prohibited.
Tobacco retailing at special events, outdoor markets, street fairs, or temporary setups is not permitted under this Chapter.
5.100.070 - Compliance Monitoring and Right of Entry.
The City may enter any permitted tobacco retail location during business hours to inspect for compliance with this Chapter and applicable laws. Inspections may be routine, unannounced, complaint-based, or involve youth decoy operations. Access must be granted to all areas of the premises, including but not limited to sales floors, storage rooms, offices, restrooms, cabinets, drawers, hidden compartments, safes, counters, closets. Refusal to allow entry may constitute a violation of this Chapter.
5.100.080 - Violations - Fines, Suspension, Revocation.
A. Grounds for Enforcement.
A Tobacco Retailer Permit may be subject to warnings, fines, suspension, or revocation if the permittee or their agents or employees:
1. Violate any provision of this Chapter;
2. Are found liable in court or administrative proceedings for violating applicable tobacco control laws; or
3. Admit to or plead guilty or no contest to such violations. 380
12 B. Unpermitted Tobacco Retailing.
Operating without a valid permit is a violation and may result in fines established by City Council resolution.
C. Progressive Penalties (within any 5-year period) as established by City Council resolution:
1. 1st Violation: Written warning or fine; compliance required within 72 hours.
2. 2nd Violation: Fine and/or 30-day suspension.
3. 3rd Violation: Fine and/or 60-day suspension.
4. 4th Violation: Fine and/or 90-day suspension.
5. 5th or Subsequent Violation: Fine and/or 120-day suspension.
6. Revocation: After a 5th or subsequent violation, the permit may be revoked.
D. Appeals of fines.
Administrative fines may be appealed under Chapter 1.10 of the Orange Municipal Code.
E. Conditions During Suspension or Revocation.
During a suspension or revocation period:
1. All tobacco products and related items must be removed from customer view and/or stored in a secured, non-public area.
2. A City-issued notice must be posted at all public entrances and points of sale, stating the reason and duration of the enforcement action.
Failure to comply may constitute a new violation.
5.100.090 - Appeals – Denial, Suspension, Revocation.
A. Notice of Action.
Before denying, suspending, or revoking a Tobacco Retailer Permit or following the seizure of items prohibited under this Chapter, the City Manager shall issue written notice to the permittee or applicant. The notice shall include:
1. The proposed enforcement action;
2. A brief summary of the reason(s) and applicable code section(s); 381
13 3. Instructions for requesting an administrative review.
B. Right to Request Review.
A permittee or applicant may request administrative review by submitting a written request to the City Clerk within 10 calendar days of the notice. The request must include any applicable appeal fee as set by City Council.
C. Scheduling the Review.
Upon receiving a timely request, the City shall schedule an administrative review. The review shall be conducted within a reasonable time, and notice shall be provided to the appellant at least 10 calendar days in advance.
D. Hearing Process.
1. The hearing shall be conducted by a neutral hearing officer.
2. Both parties may present evidence, provide written statements or oral testimony, and be represented by legal counsel.
3. Formal rules of evidence do not apply, but relevant and reliable evidence will be considered.
4. Hearings may be continued for good cause.
E. Burden of Proof.
The City bears the burden of proving the violation by a preponderance of the evidence.
F. Failure to Participate.
If the appellant fails to appear or otherwise participate in the hearing, the appeal will be deemed withdrawn and considered a waiver of the right to exhaust administrative remedies.
G. Final Decision.
The hearing officer shall issue a written decision within a reasonable time following the hearing. The decision shall include findings and be final upon issuance. Judicial review is available under California Code of Civil Procedure §§ 1094.5 and 1094.6.
H. Permit Ineligibility Following Revocation.
If a permit is revoked, no new or renewal permit shall be issued for the same business location for up to 5 years, unless the City determines that substantial changes in ownership or operations justify reconsideration.
382
14 5.100.100 - Enforcement.
A. The remedies provided in this Chapter are in addition to any other remedies available under local, State, or Federal law. Nothing in this Chapter limits the City’s authority to pursue any available legal remedy, including but not limited to nuisance abatement, permit or business license suspension or revocation, or enforcement under Chapters 1.08 or 1.10 of the Orange Municipal Code.
Each day a violation of this Chapter continues constitutes a separate offense. Any person who violates, aids, permits, or conceals a violation may be subject to:
1. Administrative citations and fines;
2. Civil enforcement actions with reasonable attorneys’ fees and costs;
3. Criminal prosecution as a misdemeanor; and/or
4. Public nuisance abatement under California Civil Code § 3480.
5. Tobacco products, paraphernalia, drug paraphernalia, nitrous oxide, flavored tobacco products, or other prohibited items sold, in violation of this Chapter may be seized by authorized City personnel and subject to forfeiture, unless the permittee demonstrates compliance.
Seizures may be appealed through the procedures set forth in this Chapter. If not appealed or if upheld after review, seized items shall be destroyed in accordance with Orange Police Department policy and applicable law.
B. Evidence of Violations: If a violation is partially based on the involvement of a person under the age of eighteen (18) years old, that individual is not required to appear or testify in any civil or administrative enforcement process brought to enforce this Chapter. The alleged violation will be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.
SECTION III:
If any section, subdivision, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, 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.
383
15 SECTION IV:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause a summary of the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.
ADOPTED this ____ day of ___________________, 2025.
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Wayne W. Winthers
Interim City Attorney, City of Orange
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 10th day of June, 2025, and thereafter at the regular meeting of said City Council duly held on the ___ day of ____________, 2025 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
384
Agenda Item
City Council
Item #: 3.19. 6/24/2025 File #: 25-0350
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Authorize purchase of a one-year subscription for AutoCAD from DLT Solutions.
2. SUMMARY
DLT Solutions is a government solutions aggregator that provides access to a robust network of partners and delivers the latest software, technology products, and outstanding customer support.
The citywide license will expire in July, and DLT Solutions is facilitating the City’s renewal of the Autodesk AutoCAD Single-user based subscription licenses through this one-year contract.
3. RECOMMENDED ACTION
Approve the purchase of Autodesk AutoCAD one-year subscription license from DLT Solutions in the amount of $33,211.
4. FISCAL IMPACT
The expense for this purchase is $33,211 and will be funded through Traffic Improvement -Measure M2 (263), Sewer (220), Water (600), and General Fund (100):
263.5011.56330.13120 Pavement Management Program $10,488 220.5011.56200.15508 Sewer Line Maintenance/Replacement $10,488 600.8041.56451.18400 Pipeline Renewal Projects $10,488
100.7001.51011.00000 Telephone - Direct $1,747
Total: $33,211
5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology
6. DISCUSSION AND BACKGROUND
The Public Works Department and Community Services Department staff have been utilizing the software AutoCAD by Autodesk to produce and review construction plans. Currently, staff are using a combination of multi-user licenses with three-year contract license terms (13) and single user licenses with one-year contract terms (two licenses). In May 2025, Autodesk retired the three-year contract term. Autodesk is offering the use of two single-user licenses for a one-year term at the price of one license for customers who have multi-user licenses at a three-year term.
The City currently has 12 AutoCAD licenses and six Architecture, Engineering and Construction City of Orange Page 1 of 2 Printed on 6/19/2025
powered by Legistar™385
Item #: 3.19. 6/24/2025 File #: 25-0350
The City currently has 12 AutoCAD licenses and six Architecture, Engineering and Construction (AEC) licenses through Autodesk that will expire in July 2025. The AEC is a package of various design software products which include Civil3D, an enhanced version of AutoCAD geared towards roadway and pipe network design. Civil3D is an essential tool for Public Works staff to create 3D design models and generate plan and profile views of roadway, sewer, water, and storm drain designs. Due to the advancement of software development, an AutoCAD license is no longer required for the AEC license to work. Thus, the number of AutoCAD licenses will be reduced to nine, and the number of AEC licenses will remain at six, all under single-user one-year contracts.
7. ATTACHMENTS
· Quote from DLT Solutions
City of Orange Page 2 of 2 Printed on 6/19/2025
powered by Legistar™386
Agenda Item
City Council
Item #: 3.19. 6/24/2025 File #: 25-0350
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Authorize purchase of a one-year subscription for AutoCAD from DLT Solutions.
2. SUMMARY
DLT Solutions is a government solutions aggregator that provides access to a robust network of partners and delivers the latest software, technology products, and outstanding customer support.
The citywide license will expire in July, and DLT Solutions is facilitating the City’s renewal of the Autodesk AutoCAD Single-user based subscription licenses through this one-year contract.
3. RECOMMENDED ACTION
Approve the purchase of Autodesk AutoCAD one-year subscription license from DLT Solutions in the amount of $33,211.
4. FISCAL IMPACT
The expense for this purchase is $33,211 and will be funded through Traffic Improvement -Measure M2 (263), Sewer (220), Water (600), and General Fund (100):
263.5011.56330.13120 Pavement Management Program $10,488 220.5011.56200.15508 Sewer Line Maintenance/Replacement $10,488 600.8041.56451.18400 Pipeline Renewal Projects $10,488
100.7001.51011.00000 Telephone - Direct $1,747
Total: $33,211
5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology
6. DISCUSSION AND BACKGROUND
The Public Works Department and Community Services Department staff have been utilizing the software AutoCAD by Autodesk to produce and review construction plans. Currently, staff are using a combination of multi-user licenses with three-year contract license terms (13) and single user licenses with one-year contract terms (two licenses). In May 2025, Autodesk retired the three-year contract term. Autodesk is offering the use of two single-user licenses for a one-year term at the price of one license for customers who have multi-user licenses at a three-year term.
The City currently has 12 AutoCAD licenses and six Architecture, Engineering and Construction City of Orange Page 1 of 2 Printed on 6/19/2025
powered by Legistar™387
Item #: 3.19. 6/24/2025 File #: 25-0350
The City currently has 12 AutoCAD licenses and six Architecture, Engineering and Construction (AEC) licenses through Autodesk that will expire in July 2025. The AEC is a package of various design software products which include Civil3D, an enhanced version of AutoCAD geared towards roadway and pipe network design. Civil3D is an essential tool for Public Works staff to create 3D design models and generate plan and profile views of roadway, sewer, water, and storm drain designs. Due to the advancement of software development, an AutoCAD license is no longer required for the AEC license to work. Thus, the number of AutoCAD licenses will be reduced to nine, and the number of AEC licenses will remain at six, all under single-user one-year contracts.
7. ATTACHMENTS
· Quote from DLT Solutions
City of Orange Page 2 of 2 Printed on 6/19/2025
powered by Legistar™388
To: Robert Davis
Orange City of (CA)
300 E Chapman Ave
Orange, CA 92866
Phone: (714) 744-2290
Fax:
Email: [email protected]
From: William Rucker
DLT Solutions, LLC
2411 Dulles Corner Park
Suite 800
Herndon, VA 20171
Phone: (703) 708-9126
Fax: (703) 708-9126
Email: [email protected]
# DLT Part No. Contract Qty Unit Price Ext. Price
1 9701-1001719 OM 2 $3,496.99 $6,993.98
Architecture Engineering & Construction Collection Government Single-user Annual Subscription Renewal
Contract: 110004066450
PoP: 7/22/2025 through 7/21/2026
2 9701-1455 OM 4 $2,296.13 $9,184.52
Architecture Engineering & Construction Collection Government Single-user Annual Subscription Renewal Switched From Multi-User 2:1 Trade-In
Contract: 110004066450
PoP: 7/22/2025 through 7/21/2026
3 9701-1471 OM 9 $1,527.48 $13,747.32
AutoCAD - including specialized toolsets Government Single-user Annual Subscription Renewal Switched From Multi-User 2:1 Trade-In
Contract: 110004066450
PoP: 7/22/2025 through 7/21/2026
4 9971-30205 OM 15 $219.00 $3,285.00
ProductivityNOW Standard-Telephone Support & eLearning, 6-24 users PoP: 7/22/2025 through 7/21/2026
This quote is made on behalf of IMAGINiT Technologies, your Authorized Autodesk Reseller Total $33,210.82
Price Quotation
Quote: 5319359
Reference: 1932737
Date: 05/28/2025
Expires: 06/27/2025
DLT CONFIDENTIAL Page 1 of 2
389
Price Quotation
Quote: 5319359
Reference: 1932737
Date: 05/28/2025
Expires: 06/27/2025
Contract Number: OPEN MARKET
DUNS #: 78-646-8199
Federal ID #: 54-1599882
CAGE Code: 0S0H9
FOB: Destination
Terms: Net 30 (On Approved Credit)
DLT accepts VISA/MC/AMEX
UNLESS CONTROLLED BY AN EXISTING RESELLER PARTNER AGREEMENT OR OTHER WRITTEN CONTRACTUAL AGREEMENT BETWEEN YOU AND DLT, THIS QUOTE AND ANY RESULTING AWARD OR ORDER IS SUBJECT TO THE TERMS AND CONDITIONS POSTED AT
HTTPS://WWW.DLT.COM/PRODUCTS/CLIENT-COMMERCIAL-LICENSES. THESE TERMS CONTROL THE TERMS OF SALES AS WELL AS THE END USER’S USE OF THE PRODUCTS AND/OR SERVICES INCLUDED IN THIS QUOTE. BUYER IS DIRECTED TO INCORPORATE (BY REFERENCE) THIS QUOTE IN ANY RESULTING AWARD OR ORDER. THE TERMS AND CONDITIONS AT THE ABOVE LINK ARE THE ONLY CONTROLLING TERMS THAT WILL APPLY TO A RESULTING ORDER AND THE USE OF THE PRODUCTS AND/OR SERVICES INCLUDED IN THIS QUOTE. ANY ADDITIONAL OR INCONSISTENT TERMS ON BUYER’S ORDER THAT IN ANY WAY, MODIFY, ALTER OR NEGATE THE TERMS OF SALE OR THE MANUFACTURER’S END USER LICENSE AGREEMENT WILL NOT BE BINDING ON DLT OR ITS MANUFACTURERS AND SHALL NOT APPLY UNLESS SPECIFICALLY AGREED TO IN WRITING BY DLT AND THE MANUFACTURER. NO RETURNS ARE AUTHORIZED OF THE PRODUCTS AND/OR SERVICES INCLUDED IN THIS QUOTE. THE PRODUCTS AND/OR SERVICES INCLUDED IN THIS QUOTE ARE NONRECOURSE, NONCANCELLABLE, AND NON-RETURNABLE UNLESS EXPLICITLY AGREED TO IN WRITING BY DLT.
PLEASE REMIT
PAYMENT TO:
ACH: DLT Solutions, LLC
Bank of America
ABA # 111000012
Acct # 4451063799
-OR- Mail: DLT Solutions, LLC
P.O. Box 743359
Atlanta, GA 30374-3359
Customer orders are subject to all applicable taxes and regulatory fees.
Documentation to be submitted to validate Invoice for payment:
a. Authorized Services shall be invoiced with a corresponding time report for the period of performance identifying names, days, and hours worked.
b. Authorized reimbursable expenses shall be invoiced with a detailed expense report, documented by copies of supporting receipts.
c. Authorized Education or Training shall be invoiced with a Report identifying date and name of class completed, and where applicable the name of attendees.
Price Quotation
Quote: 5319359
Reference: 1932737
Date: 05/28/2025
Expires: 06/27/2025
DLT CONFIDENTIAL Page 2 of 2
390
Agenda Item
City Council
Item #: 3.20. 6/24/2025 File #: 25-0352
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief
1. SUBJECT
Authorize purchase of medical supplies and medications from Life-Assist, Inc. under the National Purchasing Partners cooperative contract number PS20180 with League of Oregon Cities.
2. SUMMARY
Request to authorize a blanket purchase order with Life-Assist, Inc. in the amount of $345,000 for the purchase of medical supplies and medications for Fiscal Year 2025-2026.
3. RECOMMENDED ACTION
Approve the purchase of medical supplies and medications from Life-Assist, Inc. in an amount of $345,000 for Fiscal Year 2025-2026.
4. FISCAL IMPACT
The total expenditure for this purchase is $345,000 and will be funded upon adoption of the Fiscal Year 2025-2026 budget through:
EMT Transport (125) Fire Paramedic Medical Supplies $255,000 General Fund (100) Fire Paramedic Medical Supplies $ 90,000
5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services
6. DISCUSSION AND BACKGROUND
The Fire Department purchases medical supplies from several vendors including Life-Assist, Inc. In May 2020, Life-Assist, Inc. was awarded a National Purchasing Partners (NPPGov) contract with League of Oregon Cities valid from May 2020 through May 2026. As part of this contract, Life Assist has extended cooperative pricing to the City of Orange. This opportunity delivers the most competitive pricing available for medical supplies and medications. Life Assist provides the greatest selection of medical products and superior customer service.
Approximately $450,000 is spent annually on medical supplies primarily through four different vendors, of which Life-Assist has the largest share. Based on routine pricing comparisons performed by Fire Department personnel, Life Assist continues to offer the most competitive costs through their extended cooperative purchasing agreement opportunities. The cooperative purchasing provided through the NPPGov contract ensures lower prices throughout the contract period ending on May 29, City of Orange Page 1 of 2 Printed on 6/19/2025
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Item #: 3.20. 6/24/2025 File #: 25-0352
2026. Generally, the cost for medical supply costs are reimbursed through patient billings.
The Fire Department recommends that the City Council approve a blanket purchase order of $345,000 with Life-Assist for the procurement of medical supplies and medications.
7. ATTACHMENTS
· Intergovernmental Cooperative Purchasing Agreement
City of Orange Page 2 of 2 Printed on 6/19/2025
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Agenda Item
City Council
Item #: 3.20. 6/24/2025 File #: 25-0352
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief
1. SUBJECT
Authorize purchase of medical supplies and medications from Life-Assist, Inc. under the National Purchasing Partners cooperative contract number PS20180 with League of Oregon Cities.
2. SUMMARY
Request to authorize a blanket purchase order with Life-Assist, Inc. in the amount of $345,000 for the purchase of medical supplies and medications for Fiscal Year 2025-2026.
3. RECOMMENDED ACTION
Approve the purchase of medical supplies and medications from Life-Assist, Inc. in an amount of $345,000 for Fiscal Year 2025-2026.
4. FISCAL IMPACT
The total expenditure for this purchase is $345,000 and will be funded upon adoption of the Fiscal Year 2025-2026 budget through:
EMT Transport (125) Fire Paramedic Medical Supplies $255,000 General Fund (100) Fire Paramedic Medical Supplies $ 90,000
5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services
6. DISCUSSION AND BACKGROUND
The Fire Department purchases medical supplies from several vendors including Life-Assist, Inc. In May 2020, Life-Assist, Inc. was awarded a National Purchasing Partners (NPPGov) contract with League of Oregon Cities valid from May 2020 through May 2026. As part of this contract, Life Assist has extended cooperative pricing to the City of Orange. This opportunity delivers the most competitive pricing available for medical supplies and medications. Life Assist provides the greatest selection of medical products and superior customer service.
Approximately $450,000 is spent annually on medical supplies primarily through four different vendors, of which Life-Assist has the largest share. Based on routine pricing comparisons performed by Fire Department personnel, Life Assist continues to offer the most competitive costs through their extended cooperative purchasing agreement opportunities. The cooperative purchasing provided through the NPPGov contract ensures lower prices throughout the contract period ending on May 29, City of Orange Page 1 of 2 Printed on 6/19/2025
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Item #: 3.20. 6/24/2025 File #: 25-0352
2026. Generally, the cost for medical supply costs are reimbursed through patient billings.
The Fire Department recommends that the City Council approve a blanket purchase order of $345,000 with Life-Assist for the procurement of medical supplies and medications.
7. ATTACHMENTS
· Intergovernmental Cooperative Purchasing Agreement
City of Orange Page 2 of 2 Printed on 6/19/2025
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395
396
397
398
399
Agenda Item
City Council
Item #: 3.21. 6/24/2025 File #: 25-0353
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Adam Jevec, Chief of Police
1. SUBJECT
Authorize purchase of police uniforms and external load-bearing vests from Galls, LLC and BPS Tactical, Inc.
2. SUMMARY
Purchase of department-wide law enforcement uniforms and external load-bearing vests in the amount of $210,000 through a Cooperative Purchasing Agreement, Master Agreement No. 106- 498488 and 106-498336. This procurement will enhance officer safety, ensure uniformity, and streamline operations. The total amount of $210,000 includes uniforms, silk screen printing, and vest costs of $190,909, plus a 10% contingency of $19,091.
3. RECOMMENDED ACTION
1. Approve the purchase of uniforms from Galls, LLC for $83,956, representing a uniform cost of $76,324, plus a 10% contingency of $7,632.
2. Approve the purchase of external load-bearing vests from BPS Tactical, Inc. for $116,688, representing a vest cost of $106,080, plus a 10% contingency of $10,608.
3. Authorize the appropriation of $210,000 from AB3229-COPS/State - Supplemental Law Enforcement Services (354) unreserved fund balance to:
354.4011.53030.00000 Uniforms & Other Clothing
4. FISCAL IMPACT
The expense for this purchase is $210,000 and will be funded through AB3229-COPS/State - Supplemental Law Enforcement Services (354):
354.4011.53030.00000 Uniforms & Other Clothing
5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services
6. DISCUSSION AND BACKGROUND
The Orange Police Department has identified the need to standardize and streamline departmentwide uniforms and external load-bearing vests to improve functionality, officer safety, professional appearance, and long-term cost efficiency. The current variety in uniform items across shifts and assignments creates logistical and operational inefficiencies.
To address these concerns, staff conducted a needs assessment and consulted with uniformed City of Orange Page 1 of 3 Printed on 6/19/2025
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Item #: 3.21. 6/24/2025 File #: 25-0353
To address these concerns, staff conducted a needs assessment and consulted with uniformed personnel and supervisors. The consensus was to adopt a department wide uniform platform that includes uniforms that are more durable, comfortable, and easier to maintain, along with external load-bearing vests for officers, which distribute weight more ergonomically and reduce strain and injury risk.
Currently, safety personnel must wear a ballistic vest and duty belt to facilitate the carrying of department-issued equipment, such as a handgun, handgun magazines, tasers, radios, handcuffs, and body-worn cameras. A fully equipped belt weighs approximately 30 pounds. To give officers an option, the department authorized the wearing of an external load-bearing vest at the officer’s expense which resulted in inconsistencies with duty vests worn in special assignments and patrol.
Additionally, current department-wide uniforms consist of wool/polyester material which provides a classic appearance. However, wool/polyester uniforms are heavier, less breathable in hot weather, and require dry cleaning. The wool/polyester uniform, worn by officers underneath the external vest, is not only uncomfortable but also retains heat which is not ideal for tasks demanding significant energy. The department intends to maintain the current professional Class A and B wool/polyester uniform, while providing a third more functional Class C department-wide uniform that can be worn by officers underneath an external vest.
The proposed uniform change introduces a universal exterior vest, a lightweight polo shirt, and a battle dress uniform (BDU) utility pant that are interchangeable between different roles and special assignments. Police personnel benefiting from this change include Detectives, Dispatch and Records staff, and Public Safety Officers.
Key benefits of this purchase include:
· Uniformity across all units, promoting a cohesive and professional appearance. · Increased officer comfort and reduced risk of musculoskeletal injuries due to improved weight distribution.
· Durability and cost-efficiency of standardized gear.
· Faster procurement cycle through cooperative agreement usage.
Staff has identified Galls, LLC (Galls) and BPS Tactical, Inc. (BPS) as reliable vendors offering the necessary uniform components and external vest carriers that meet operational and safety standards. Both vendors participate in cooperative purchasing agreements with the City of Anaheim, Master Agreement No. 106-498488 and 106-498336 which offer competitively bid pricing and compliance with procurement requirements. To complete the purchase of uniforms, additional silkscreening services are required from Captain Graphics.
Galls $ 76,324
BPS $106,080
Captain Graphics (Silk Screen Printing) $ 8,505
Contingency 10% $ 19,091
Total $210,000
The Police Department recommends the purchase of department-wide uniforms and external loadbearing vests in the amount of $210,000. The total amount of $210,000 includes polos, utility pants, silk screening, and vests totaling $190,909, plus a contingency of $19,091. An appropriation of City of Orange Page 2 of 3 Printed on 6/19/2025
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Item #: 3.21. 6/24/2025 File #: 25-0353
silk screening, and vests totaling $190,909, plus a contingency of $19,091. An appropriation of $210,000 from the Supplemental Law Enforcement Services (SLES) unreserved fund balance is necessary to cover the cost of the uniforms.
7. ATTACHMENTS
· Proposed Uniforms
· BPS Quote
· Galls Quote
· Master Agreement No. 106-498488
· Master Agreement No. 106-498336
City of Orange Page 3 of 3 Printed on 6/19/2025
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Agenda Item
City Council
Item #: 3.21. 6/24/2025 File #: 25-0353
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Adam Jevec, Chief of Police
1. SUBJECT
Authorize purchase of Police uniforms and external load-bearing vests from Galls, LLC and BPS Tactical, Inc.
2. SUMMARY
Purchase of department-wide law enforcement uniforms and external load-bearing vests in the amount of $210,000 through a Cooperative Purchasing Agreement, Master Agreement No. 106- 498488 and 106-498336. This procurement will enhance officer safety, ensure uniformity, and streamline operations. The total amount of $210,000 includes uniforms, silk screen printing, and vest costs of $190,909, plus a 10% contingency of $19,091.
3. RECOMMENDED ACTION
1. Approve the purchase of uniforms from Galls, LLC for $83,956, representing a uniform cost of $76,324, plus a 10% contingency of $7,632.
2. Approve the purchase of external load-bearing vests from BPS Tactical, Inc. for $116,688, representing a vest cost of $106,080, plus a 10% contingency of $10,608.
3. Authorize the appropriation of $210,000 from AB3229-COPS/State - Supplemental Law Enforcement Services (354) unreserved fund balance to:
354.4011.53030.00000 Uniforms & Other Clothing
4. FISCAL IMPACT
The expense for this purchase is $210,000 and will be funded through AB3229-COPS/State - Supplemental Law Enforcement Services (354):
354.4011.53030.00000 Uniforms & Other Clothing
5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services
6. DISCUSSION AND BACKGROUND
The Orange Police Department has identified the need to standardize and streamline departmentwide uniforms and external load-bearing vests to improve functionality, officer safety, professional appearance, and long-term cost efficiency. The current variety in uniform items across shifts and assignments creates logistical and operational inefficiencies.
To address these concerns, staff conducted a needs assessment and consulted with uniformed City of Orange Page 1 of 3 Printed on 6/19/2025
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Item #: 3.21. 6/24/2025 File #: 25-0353
To address these concerns, staff conducted a needs assessment and consulted with uniformed personnel and supervisors. The consensus was to adopt a department wide uniform platform that includes uniforms that are more durable, comfortable, and easier to maintain, along with external load-bearing vests for officers, which distribute weight more ergonomically and reduce strain and injury risk.
Currently, safety personnel must wear a ballistic vest and duty belt to facilitate the carrying of department-issued equipment, such as a handgun, handgun magazines, tasers, radios, handcuffs, and body-worn cameras. A fully equipped belt weighs approximately 30 pounds. To give officers an option, the department authorized the wearing of an external load-bearing vest at the officer’s expense which resulted in inconsistencies with duty vests worn in special assignments and patrol.
Additionally, current department-wide uniforms consist of wool/polyester material which provides a classic appearance. However, wool/polyester uniforms are heavier, less breathable in hot weather, and require dry cleaning. The wool/polyester uniform, worn by officers underneath the external vest, is not only uncomfortable but also retains heat which is not ideal for tasks demanding significant energy. The department intends to maintain the current professional Class A and B wool/polyester uniform, while providing a third more functional Class C department-wide uniform that can be worn by officers underneath an external vest.
The proposed uniform change introduces a universal exterior vest, a lightweight polo shirt, and a battle dress uniform (BDU) utility pant that are interchangeable between different roles and special assignments. Police personnel benefiting from this change include Detectives, Dispatch and Records staff, and Public Safety Officers.
Key benefits of this purchase include:
· Uniformity across all units, promoting a cohesive and professional appearance. · Increased officer comfort and reduced risk of musculoskeletal injuries due to improved weight distribution.
· Durability and cost-efficiency of standardized gear.
· Faster procurement cycle through cooperative agreement usage.
Staff has identified Galls, LLC (Galls) and BPS Tactical, Inc. (BPS) as reliable vendors offering the necessary uniform components and external vest carriers that meet operational and safety standards. Both vendors participate in cooperative purchasing agreements with the City of Anaheim, Master Agreement No. 106-498488 and 106-498336 which offer competitively bid pricing and compliance with procurement requirements. To complete the purchase of uniforms, additional silkscreening services are required from Captain Graphics.
Galls $ 76,324
BPS $106,080
Captain Graphics (Silk Screen Printing) $ 8,505
Contingency 10% $ 19,091
Total $210,000
The Police Department recommends the purchase of department-wide uniforms and external loadbearing vests in the amount of $210,000. The total amount of $210,000 includes polos, utility pants, silk screening, and vests totaling $190,909, plus a contingency of $19,091. An appropriation of City of Orange Page 2 of 3 Printed on 6/19/2025
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Item #: 3.21. 6/24/2025 File #: 25-0353
silk screening, and vests totaling $190,909, plus a contingency of $19,091. An appropriation of $210,000 from the Supplemental Law Enforcement Services (SLES) unreserved fund balance is necessary to cover the cost of the uniforms.
7. ATTACHMENTS
· Proposed Uniforms
· BPS Quote
· Galls Quote
· Master Agreement No. 106-498488
· Master Agreement No. 106-498336
City of Orange Page 3 of 3 Printed on 6/19/2025
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BPS TACTICAL, INC
PO Box 868
Mentone, CA 92359 US
+19097942435
[email protected]
www.bpstactical.com
Quotation
ADDRESS
ORANGE POLICE DEPT.
ATTN: ACCOUNTS PAYABLE
1107 N. BATAVIA ST.
ORANGE, CA 92867
QUOTATION # DATE EXPIRATION DATE
1302 05/15/2025 07/15/2025
SHIP VIA P.O. NUMBER SALES REP
PICKUP VERBAL 98
QTY ITEM CODE DESCRIPTION PRICE
EACH
AMOUNT
110 VEST COVER MOLLE TACTICAL VEST COVER (NON-BALLISTIC), COLOR BLACK. COVER TO FIT INDIVIDUAL OFFICERS AND THEIR DUTY VEST. MANUFACTURED OF 1000 DENIER CORDURA NYLON MATERIAL AND LINED W/ 420 NYLON PACK CLOTH COLOR BLACK. WHERE NEEDED FOR STRENGTH AND DURABILITY POCKETS ARE LINED WITH 1050 DENIER BALLISTIC NYLON MATERIAL. VEST COVER INCLUDES FRONT CLOSING SIDE FLAPS AND WITH FIRSTSPEAR TUBES® CLOSURE. THE VEST COVER HAS INTERNAL BUTTONHOLES FOR
CHANNELING FOR EAR COMMUNICATION. THE VEST COVER HAS VELCRO REMOVABLE POLICE IDENTIFICATION ON FRONT AND BACK OF THE VEST.
VELCRO EMBROIDERY NAME ID ON FRONT AND DRAG STRAP ON BACK OF VEST. VEST COVER HAS EYELETS FOR ATTACHING A METAL BADGE AND VELCRO FOR DEPT BADGE.
MOLLE POCKETS CAN INCLUDE 5-7 POCKETS: TWO SEWN ON HANDCUFF
POCKETS ON BACK OF VEST, RADIO POCKET, OPEN/CLOSE MAGAZINE
POCKET, ZIPPER UTILITY POCKET WITH OR WITHOUT HANDCUFF ON FRONT, GUSSET UTILITY POCKET, ASP POCKET, FLASHLIGHT POCKET.
895.00 98,450.00T
*** NO SHIPPING COST ITEMS WILL BE HELD FOR PICKUP***
ABOVE PRICES ARE GOOD FOR 30 DAYS
SARAH BLANKENSHIP
SUBTOTAL 98,450.00
TAX 7,629.88
TOTAL $106,079.88
Accepted By Accepted Date
407
Qazzs
Customer: (1000533661) oRANGE CITY PoLICE DEPT
Datet 06/17/2025
Sales Rep: AGUEDA SOI,I S
sold To:
ORANG' CITY POLICE DEPT
POLICE DE?T. /FINANCE SECTION
I1O7 N. BATAV]A STREET
OR.ANGE, CA 9286?
CORNELIJS UNGUREANU
Quote
ouote Number: 29535025
Ouote Expira!ion: 07 /Ll/2025
Ship To:
oRG - Olange Retail Show.oon
1249 tI. Katella Ave
ORANGE, CA 9286?
CORIiELIUS UNGUREANU
38.50 39.91
66.35 ?3.?5
11,550.00
15,187 .40
31, 84I .00
4,425.00
300
420
480
60 S/S EELIOS POLO
5.II },IENS PERFORY,ANCE S/S POLO
5.11 STRYKE PA.IIT }J/FLEX_IAC TI.,|
ELBECO I{ENS DUTYY}XX LONG SLEEIE SEIRT
I
2 3
5 SM4O1 DKNV SM REG
sfl724 oKNV SM
TR3224 DXNV 30 30
sJ681 GRY 15 33
This quclalion is vaLtd for tiilty (30) days fron the dale of issuance Pricing is ;;;;J;-i;-";ir;irent at anv tine plior to accePtance in the evert of material cost ;;;i;;;";; inliuarnq uu. not tl.itia to ner or revised tariffs or other external economic factors beyond the control of Ga].Is, LLc'
Gal]s is required Eo collect sales tax on shiPments to certain states Sales lax !ri]l 6"-iaa"o rr,Jt" ipplicabte. For tax exempt customers, state lars reqlrire us to have "ion"J i"* e*..p'lion or lesale certj ficites on flle at our office' rf you are tax ;;il;;, -;i";;;;;ii oi ia* lhrs infolnation, (includins vour Garrs account nurber) to ti*bqil]s."orn or fax 859-268-5946.
ExDort Restrictions _ This nay contain coErnoditles lestricted in the United States Inierna!ional T.ade Regutations.
134 0 Russell Cave Rd
SUBlOTAL:
SHIPPING:
TOTAL. . . :
5,007.31
69,517 .11
54, 610.40
Lexingtcn, (Y 40505
Tel:800-8i6-4242 Eax:877-914-255?
Line Item D€scription 0tv RetaiI Your
9ri na Ext Total
408
Qazzs
Quote
Customer: 11000533661) oRANGE CITY PoLICE DEPT
Datet 06/11/2025
Sales Rep: AGUEDA SoLIS
Page I of 1
ouote Number: 2 9657 032
Quote Expira:ion: A7 / 11,1202.
Sold To:
ORANGE CITY POLICE DEPT
POLICE DE?T, /TINANCE SECTION
110? N. BATAVIA STRXET
ORANGE, CA 92867
CORNELI'JS UIIGUREANU
Ship To:
oRG - orange Retail show:oom
1249 'I. Katella Ave
oRAriGE, CA 92867
CORIiELIUS UNGUREANU
This quolalion is valid for trirty {301 days from the date of issuance. Pricing is subjeCt to adjustnrent at any time prio! to accePtance in the event of naterial cost incieases, including but not lindted to nelj or revised tariffs or othe! external econo[ic factors beyond the coatlo] of Ga]]s, LLC.
catls is lequired to collect sales tax cn shi.pments to certail stales. sales tax will be added nhere applicable. For tax exempt customers, state laws require us to have signed tax exenption o! resale certificates on file at orr office. If you are:ar( exenpt, please enaj.l o! fax this infoanatj.on, (lncluding your Galls account nulber) to Taxogalls.con o! fax 859-268-5946.
Exgort Restliclions - Ihis oay contain comnodities restlicted in the United States In!ernational Tlade Regulations.
134 0 Russell cave Rd
Lexington, (Y 40505
TeI: 800-8?6-4242 FaxrSll-914-2557
SIiBTOTAL:
TAX.....:
TCTAL...:
5,223.50
482.33
5, ?05. 83
50 50
I
66.35 56.81
65.50 3, 3r?.50
2, 840.50
65.50 5.11 STRYKE PANT II/FLEX.TAC TM
RAPID ASSAULT SHIRT
RAPID ASSAULT SNIRT
1 2
l
TR3224 DKNV 30 30
SH5O4 5 DKNV SM
sH5045 DKrrV 3X
Line I tem Description 0tv Retail Your Ext Total
409
calls, LLC I.voice Credit Terms and conditrons of sale
Paymen! - lnvoices fo! items delivered pursuant to aoy sales older are payable only in Uaited Slates currency. You, your business, and/or your agency (the "Buyer") unqelsland trat Ga]ls, LLC (the iseller') nay inpose and charge a finance chalge that is:i:e greater of 1.5t per month or the highest rate allowed by Iafl on any anouot ,hich becones past due ard delinquent. Retulned checks may be assessed a $25.00 selvrce fee. Additlonally, Buyer shall be responsible for all collection costs, coult costs, and reasonable attolney's fees in connection with the recovery of delinquenl amounls.
All sales are nade pursuant to these Cledit Terms and Conditions of SaIe, atd Sel1er objects !c aay differen! o! additiooal terns or conditions contained in Buyer's p)rchase order or any olher docunent subnitted by Se11er. Payments nay be applled aqainst open balances at the sole discreticn of Sell.er and nay be applied across accounts if Bryer has more than one acccunt uiLh Seller. Credit nenos are non-refundable and may be aPPlieo to open invoices at Seller's sole di.scretion.
Credit Telns - Any extension of credit is based upon al] amounts payable on or before Ehe due da:e on any vlitten, qucted? o! agreed terrns, and shal1 be paid in accoldance rith such telns, If nol paid on or before such date, accounts sha1l be considered delinquent ald subject to the addilional finance charges as set folth herein.
Buye! aglees to provide Seller, upon request, lrith an updat€d cledit applicalion as a condj.tion to the continued extension of credit. Buyer acknoxledges and agrees :hat Seller aay utilize outside credit reporting services and financial institutions to obtain inforrGticn on the Buyer as a condition plecedent to or fo! conlinued extension of credit. Seller nay terminate any credit availability Hithin its sole discretion and withou: prio! notice. Buyerrs continued solvency:s a precondition to any sale ftade by seLle!.
Delays - where a specific shipp:ng date is not designated on lhe face hereof o! in a subsequent irrltinq signed by the Seller, the Seller shall not be responsible for any delays, no! shall SelLer be liable for any loss or damages resulting from such delays.
Selle! shelL not be 1j.ab]e for any del.ays in fill:ng this order caused by accidents to nachinery, differences rith employees, strikes, labor sholtage, fi!e, floods, priorities reques:ed or required by an instrunentality of the United States Governrnent or the govelnment of any state, delays in tlansportation, lestlj.ctions imposed by any federaL, sEate or municipal law o! regulation, rhether valid or invalid, o! causes beyonci the contloL of :Le Se1ler.
l{arran:y - Seller s.all pass lhrough to Blyer all nanufactuler warlaoties anC return policies applicable to Buyerrs order. Sel1er shal: take all reasonable actions to ensure t:lat Buyer receives the benefit of such pass through Harranties and aetuln policies, B,Jye!'s scle aemedies for any goods sold hereunder shall be as provided in such ,arran:ies and return policies and shall be solely aqainst lhe applicable manufacture!.
S:LLER, ON BEflALF OF ITSELF, DISCI,AIMS AIL I{ARRAN:IES, iIHETHER EXPRXSS, IMPLIED, OR STATUTORY, RTI,ATING 10 SUCIT GOODS.
Restocking - If a cance.Llation of an order or a letuln by Buye! j.s accepted or initiated by Seller and/or the manufactuler, it nay be subject to a restocking charge at the discle:ion of Seller.
Delivery and Tlanspoltation - Products sold helein are sold FOB at the place inoicaled on the face of this sales orde! unless otherwise agaeed to in Friting by SeIIer and Buyer. fhe reihod and agency of transportation and the routing will be designated by rhe SeIIer. 1. the even.- the Buyer requests alternative shipment o! louting, aI1 extra packj.ng, shipping and transportation charges theleby regulting xiII be for the Buyer's account.
Saive! - No provisioo herein shall be deerned a salver by reason of any previous raiver, and no bleach of any provi.sion sha]l be deened a {aiver by reason of any previous bleach.
Governixg Lalr - The sole jurisdiction and venue shatl be the courts of the Cofinonwealth of Ken:ucky.
Expolt Restrictions - This transaction nay contain comnodities restricted in the United States Intefiational Tlade Regulations. If at a later dale the Buyer decides these corunoditi.es i{il] be expoated from the United States please reference the onited Stares Department of CoNnelce Bureau of Industry and Security Expor! Adninist.ation Regula:io:rs (15 CFt ?30-714), the United States Department of State International Traffic i; Arms Regula:ions (22 CFR 120-130) as rell as any other appllcable ]alis, These laws apply to private, conllnercial, and governnent agency expor! transactions. As an expotter, the Buyer eill be lesponsible for conpliance xith al.] U.S. :axs relating to the export of these items.
,Desig:rates this iter is o! the calls cSA Contract (4?eSliA2LD008H, all. othe! j.:ens are OPEN }IARXEI.
410
411
412
413
City of Anaheim/CPO
Anaheim Police Department
BPS Tactical, Inc.
External Load Bearing Vests
MA #106-498336
MASTER AGREEMENT
CONTRACT NUMBER MA# 106-498336
BETWEEN
CITY OF ANAHEIM
AND
BPS TACTICAL, INC.
FOR
EXTERNAL LOAD BEARING VESTS
This Agreement MA# 106-498336 for External Load Bearing Vests (hereinafter referred to as “Contract”) is made and entered into as of the date fully executed by and between the City of Anaheim, a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter City of Anaheim, (hereinafter referred to as “City”), with a place of business at 200 S. Anaheim Blvd., Anaheim, CA 92805 and BPS Tactical, Inc. (hereinafter referred to as “Contractor”), with a place of business at 2165 W. Colton Ave, Mentone, CA 92359, with City and Contractor sometimes individually referred to as “Party”, or collectively referred to as “Parties”.
ATTACHMENTS
This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract:
Attachment A – Scope of Work
Attachment B – Pricing, Payment and Compensation
RECITALS
WHEREAS, the City of Anaheim, issued a Request for Bid (RFB) BID # 9822 for External Load Bearing Vests; and
WHEREAS, the City, a municipal corporation duly organized and validly existing under the laws of the State of California and the Charter City of Anaheim, Central Purchasing Office, on behalf of the Anaheim Police Department, desires to enter into Contract MA# 106-498336 with Contractor for External Load Bearing Vests; and
WHEREAS, the Contractor agrees to provide External Load Bearing Vests further set forth in this Contract and subsequent attachments effective on the date of execution, for a one-year base period, and up to four one-year optional renewals; and,
WHEREAS, the Contractor agrees to provide the services based on the quote, attached hereto as Attachment A; and
WHEREAS, the City agrees to pay Contractor based on the schedule of fees set forth in Pricing, Payment, and Compensation, attached hereto as Attachment B; and, NOW, THEREFORE, the Parties mutually agree as follows:
414
City of Anaheim/CPO
Anaheim Police Department
BPS Tactical, Inc.
External Load Bearing Vests
MA #106-498336
ARTICLES
I. General Terms and Conditions:
A. Governing Law and Venue: This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another County.
B. Entire Contract: This Contract contains the entire Contract between the Parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any City employee or agent, including but not limited to installers of software, shall not be valid or binding on City unless accepted in writing by City’s Purchasing Agent or designee.
C. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the Parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in writing.
D. Taxes: Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax. Out-of-state Contractors shall indicate California Board of Equalization permit number and sales permit number on invoices, if California sales tax is added and collectable. If no permit numbers are shown, sales tax will be deducted from payment.
E. Delivery: Time of delivery of commodities and services is of the essence in this Contract. City reserves the right to refuse any commodities and services and to cancel all or any part of the commodities not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed scope of work. Acceptance of any part of the order for commodities shall not bind City to accept future shipments nor deprive it of the right to return commodities already accepted at Contractor’s expense. Over shipments and under shipments of commodities shall be only as agreed to in writing by City. Delivery shall not be deemed to be complete until all commodities or services have actually been received and accepted in writing by City.
F. Acceptance Payment: Unless otherwise agreed to in writing by City, 1) acceptance shall not be deemed complete unless in writing and until all the commodities/services have actually been received, inspected, and tested to the satisfaction of City, and 2) payment shall be made in arrears after satisfactory acceptance.
G. Warranty: Contractor expressly warrants that the goods covered by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement upon Contractor’s part to indemnify, defend and hold City and its indemnities as identified in Article “Z” harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by City by reason of the failure of the 415
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External Load Bearing Vests
MA #106-498336
goods/services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act.
Such remedies shall be in addition to any other remedies provided by law.
H. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requirement contained in paragraph “Z” below, it shall indemnify, defend and hold City and City Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney’s fees.
I. Assignment: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Contractor without the express written consent of City. Any attempt by Contractor to assign the performance or any portion thereof of this Contract without the express written consent of City shall be invalid and shall constitute a breach of this Contract.
J. Non-Discrimination: In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code.
K. Termination: In addition to any other remedies or rights it may have by law, City has the right to immediately terminate this Contract without penalty for cause or after 30 days’ written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of Contractor. Exercise by City of its right to terminate Contract shall relieve City of all further obligation.
L. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived, and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
M. Independent Contractor: Contractor shall be considered an independent contractor and neither Contractor, its employees, nor anyone working under Contractor shall be considered an agent or an employee of City. Neither Contractor, its employees nor anyone working under Contractor shall qualify for workers’ compensation or other fringe benefits of any kind through City.
N. Performance Warranty: Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to City’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion, and coordination of all documentation and other commodities/services furnished by Contractor under this Contract.
Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall 416
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at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of City required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.
O. Bonding and Insurance Requirements: Some procurements may require bonding and/or insurance. Specific requirements will be stated in the applicable bid documents. In the event bonding is required, bonds shall be submitted in a form acceptable to the City (samples will be included in the documents). Checks or letters of credit will not be accepted in lieu of bonding.
When work will be performed on City property, the City’s standard insurance requirements (shown below) will apply, unless otherwise indicated in the bid specifications.
Workers’ Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000. This requirement may be satisfied by execution of a waiver confirming exemption from the California workers compensation statutory requirements if there are no statutory employees.
Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Contractor’s Liability, in an amount not less than $2,000,000 per occurrence. Such insurance shall be written on a primary basis and may include a deductible or self-insurance retention of not more than $10,000 per occurrence or claim, provided that such deductible or SIR is disclosed to the City, in writing, at the inception of this Contract and approved by the Risk Manager for the City.
Commercial Automobile Liability Coverage, as required by California law, including—as applicable—owned, non-owned, and hired autos, in an amount not less than $2,000,000 per occurrence, combined single limit. Such insurance shall be written on a primary basis and may include a deductible or self-insurance retention of not more than $10,000 per occurrence or claim, provided that such deductible or SIR is disclosed to the City, in writing, at the inception of this Agreement and approved by the Risk Manager for the City.
Contractor is responsible for satisfaction/payment of all deductibles and Self-Insured Retentions (SIR).
Contractor may satisfy these requirements with primary and excess/umbrella coverage subject to review and acceptance by the Risk Manager for City.
City’s Risk Manager is authorized to amend the requirements or approve exceptions to the above requirements as set forth herein in the event such reductions or Contractor generated exception requests or amendments as to form is/are in City’s best interest.
Each insurance policy or certificate of insurance required by this Contract shall contain the following clauses:
“In the event of any payment under this policy, we waive our right of recovery against the City of Anaheim and their respective officers, officials, and employees.” Each insurance policy or certificate of insurance required by this Agreement, excepting policies for workers’ compensation, shall contain the following clauses or endorsements:
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"It is agreed that any insurance maintained by the City of Anaheim shall apply in excess of, and not contribute with coverage provided by this policy." "The City of Anaheim, their officers, officials, and employees are added as additional insureds per the Insurance Services Office Inc. form endorsement known as CG 20 11 01 96 ADDITIONAL INSURED – MANAGERS OR LESSORS OF PREMISES, or, as an alternative, either an endorsement or insurance policy language which provides coverage, terms, and conditions to said additional insureds which are equal to or better than the coverage, terms, and conditions provided by the CG 20 11 01 96 endorsement.” Any insurance required under this Agreement must be written by an insurance company admitted to do business in California.
City of Anaheim to be named as Additional Insured. All policies shall provide for a minimum of 30 days written notice of any change or cancellation. Insurance policies to be in a form and written through companies acceptable to the City.
Insurance certificates should state:
City of Anaheim
Attn: Central Purchasing Office
Email: [email protected]
P. Changes: Contractor shall make no changes in the work or perform any additional work without City’s specific written approval.
Q. Change of Ownership/Name, Litigation Status, Conflicts with City Interests: Contractor agrees that if there is a change or transfer in ownership of Contractor’s business prior to completion of this Contract, and City agrees to an assignment of Contract, the new owners shall be required under the terms of sale or other instruments of transfer to assume Contractor’s duties and obligations contained in this Contract and complete them to the satisfaction of City.
City reserves the right to immediately terminate Contract in the event City determines that the assignee is not qualified or is otherwise unacceptable to City for the provision of services under Contract.
In addition, Contractor has the duty to notify City in writing of any change in Contractor’s status with respect to name changes that do not require an assignment of Contract. Contractor is also obligated to notify City in writing if Contractor becomes a party to any litigation against City, or a party to litigation that may reasonably affect Contractor’s performance under Contract, as well as any potential conflicts of interest between Contractor and City that may arise prior to or during the period of Contract performance. While Contractor will be required to provide this information without prompting from City any time there is a change in Contractor’s name, conflict of interest or litigation status, Contractor must also provide an update to City of its status in these areas whenever requested by City.
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with City interests. In addition to Contractor, this obligation shall apply to Contractor’s employees, agents, and subcontractors associated with the provision of goods and services provided under this Contract. Contractor’s efforts shall include, but not be limited to establishing rules and procedures preventing its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers in the performance of their duties.
R. Force Majeure: Contractor shall not be assessed with liquidated damages or unsatisfactory 418
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performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Contractor gives written notice of the cause of the delay to City within 36 hours of the start of the delay and Contractor avails himself of any available remedies.
S. Confidentiality: Contractor agrees to maintain the confidentiality of all City and City-related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such records and information shall be considered confidential and kept confidential by Contractor and Contractor’s staff, agents and employees.
T. Compliance with Laws: Contractor represents and warrants that services to be provided under this Contract shall fully comply, at Contractor’s expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not limited to those issued by City in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by City. Contractor acknowledges that City is relying on Contractor to ensure such compliance, and pursuant to the requirements of paragraph “Z” below, Contractor agrees that it shall defend, indemnify and hold City and City Indemnitees harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws.
U. Freight: Prior to City’s express acceptance of delivery of products. Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under Contract.
V. Severability: If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
W. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract, each Party shall bear their own attorney’s fees, costs and expenses.
X. Interpretation: This Contract has been negotiated at arm’s length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each Party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each Party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the Party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to affect the purpose of the Parties and this Contract.
Y. Employee Eligibility Verification: Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. Contractor shall obtain from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. Contractor shall retain all such documentation for all covered employees for the period prescribed by the law. Contractor shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its agents, officers, and employees from employer sanctions and any other 419
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liability which may be assessed against Contractor or City or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract.
Z. Hold Harmless and Indemnification: Contractor agrees to indemnify, defend and hold harmless the City (including its officers and employees) from and against any and all claims of any kind or nature presented against the City arising out of Contractor’s (including Contractor’s employees, representatives, products, and subcontractors) performance under any purchase order or agreement, excepting only such claims, costs, or liability which may arise out of the sole negligence of the City.
The obligations set forth in this indemnification provision (i) shall be in effect without regard to whether City, Contractor, or any other person maintains, or fails to maintain, insurance coverage, or a self-insurance program, for any such Claims and (ii) shall survive the termination of this Agreement.
AA. Audits/Inspections: Contractor agrees to permit the City’s authorized representative (including auditors from a private auditing firm hired by City) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of Contract including, but not limited to, the costs of administering Contract. City will provide reasonable notice of such an audit or inspection. City reserves the right to audit and verify Contractor’s records before final payment is made.
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 under this Contract or by law. Contractor agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right to City to audit records and interview staff of any subcontractor related to performance of this Contract.
Should Contractor cease to exist as a legal entity, Contractor’s records pertaining to this Contract shall be forwarded to City’s Project Manager.
BB. Contingency of Funds: Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon budget approval for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Contract without penalty.
CC. California Public Records Act: Contractor and City agree and acknowledge that all information and documents related to the award and performance of this Contract may be subject to disclosure pursuant to the California Public Records Act, California Government Code Section 7920.000 et seq. Contractor shall not respond to any California Public Records Act request directed at City; all responses shall be handled by City.
Additional Terms and Conditions:
1. Scope of Contract: This Contract specifies contractual terms and conditions by which City will procure External Load Bearing Vests from Contractor as further detailed in the Scope of Work, identified and incorporated herein by this reference as “Attachment A”. 420
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2. Term of Contract: This Contract shall commence upon execution of all necessary signatures and be effective for one (1) year, with the option to renew for four (4) additional one-year terms , unless otherwise terminated by City.
3. Adjustments – Scope of Work: No adjustments made to the Scope of Work will be authorized without prior written approval of the Purchasing Agent or designee.
4. Bills and Liens: Contractor shall pay promptly all indebtedness for labor, materials and equipment used in performance of the work. Contractor shall not permit any lien or charge to attach to the work or the premises, but if any does so attach, Contractor shall promptly procure its release and, in accordance with the requirements of paragraph “Z” above, indemnify, defend, and hold City harmless and be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related thereto.
5. Civil Rights: Contractor attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability.
6. Americans with Disabilities Act (ADA): Section 504 of the Rehabilitation Act of 1973 as amended; Title VI and VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act, 42 USC 12101; California Code of Regulations, Title 2, Title 22: California Government Code, Sections 11135, et seq; and other federal and state laws and executive orders prohibit discrimination. All programs, activities, employment opportunities, and services must be made available to all persons, including persons with disabilities.
7. Authorization Warranty: The Contractor represents and warrants that the person executing this Contract on behalf of and for the Contractor is an authorized agent who has actual authority to bind the Contractor to each and every term, condition and obligation of this Contract and that all requirements of the Contractor have been fulfilled to provide such actual authority.
8. Breach of Contract: The failure of Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event City may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Terminate Contract immediately, pursuant to Article K herein; and b. Afford Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; and c. Discontinue payment to the Contactor for and during the period in which Contractor is in breach; and
d. Offset against any monies billed by Contractor but unpaid by City those monies disallowed pursuant to the above.
9. Conflict of Interest – Contractor’s Personnel: Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of City. This obligation shall apply to Contractor; Contractor’s employees, agents, and subcontractors associated with accomplishing work and services hereunder. Contractor’s efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and 421
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subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of City.
10. Conflict of Interest – City Personnel: City Council policy prohibits its employees from engaging in activities involving a conflict of interest. Contractor shall not, during the period of this Contract, employ any City employee for any purpose.
11. Contractor’s Project Manager and Key Personnel: Contractor shall appoint a Project Manager to direct Contractor’s efforts in fulfilling Contractor’s obligations under this Contract. This Project Manager shall be subject to approval by City and shall not be changed without the written consent of City’s Project Manager, which consent shall not be unreasonably withheld.
Contractor’s Project Manager shall be assigned to this project for the duration of Contract and shall diligently pursue all work and services to meet the project timelines. City’s Project Manager shall have the right to require the removal and replacement of Contractor’s Project Manager from providing services to City under this Contract. City’s Project Manager shall notify Contractor in writing of such action. Contractor shall accomplish the removal within five (5) business days after written notice by City’s Project Manager. City’s Project Manager shall review and approve the appointment of the replacement for Contractor’s Project Manager. City is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor’s Project Manager from providing further services under Contract.
12. Contractor’s Records: Contractor shall keep true and accurate accounts, records, books and data which shall correctly reflect the business transacted by Contractor in accordance with generally accepted accounting principles. These records shall be stored for a period of three (3) years after final payment is received from City.
13. Contractor Work Hours and Safety Standards: The Contractor shall ensure compliance with all safety and hourly requirements for employees in accordance with federal, state, and City’s safety regulations and laws.
14. Conditions Affecting Work: Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions which can affect the work or the cost thereof. Any failure by Contractor to do so will not relieve Contractor from responsibility for successfully performing the work without additional cost to City. City assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by City are expressly stated in Contract.
15. Data – Title To: All materials, documents, data or information obtained from City data files or any City medium furnished to Contractor in the performance of this Contract will at all timesremain the property of City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of City. All materials, documents, data or information, including copies, must be returned to City at the end of this Contract.
16. Default – Re-Procurement Costs: In case of Contract breach by Contractor, resulting in termination by City, City may procure the commodities and services from other sources. If the cost for those commodities and services is higher than under the terms of the existing Contract, Contractor will be responsible for paying City the difference between Contract cost and the price paid, and City may deduct this cost from any unpaid balance due Contractor. The price paid by 422
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City shall be the prevailing market price at the time such purchase is made. This is in addition to any other remedies available under this Contract and under law.
17. Disputes – Contract: The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Project Manager and the City‘s Project Manager, as specified in Article 25 “Notices”, such matter shall be brought to the attention of the City Purchasing Agent by way of the following process:
a. The Contractor shall submit to the Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless City, on its own initiative, has already rendered such a final decision.
b. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to Contract, Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects Contract adjustment for which Contractor believes City is liable.
c. In the event a dispute in which the welfare of City residentsis atstake and/or immediate procurement action is required to prevent serious economic or other hardship to the City, the CPM, or designee may
Pending the final resolution of any dispute arising under, related to, or involving this Contract, Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of commodities and/or provision of services. Contractor’s failure to diligently proceed shall be considered a material breach of this Contract.
Any final decision of City shall be expressly identified as such, shall be in writing, and shall be signed by City Purchasing Agent or his designee. If City fails to render a decision within 90 days after receipt of Contractor’s demand, it shall be deemed a final decision adverse to Contractor’s contentions. Nothing in this section shall be construed as affecting City’s right to terminate Contract for cause or termination for convenience as stated in Article K herein.
18. Drug-Free Workplace: Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Contractor will:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(1).
b. Establish a drug-free awareness program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace; and
ii. The organization’s policy of maintaining a drug-free workplace; and iii. Any available counseling, rehabilitation and employee assistance programs; and iv. Penalties that may be imposed upon employees for drug abuse violations. 423
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c. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract:
i. Will receive a copy of the company’s drug-free policy statement; and ii. Will agree to abide by the terms of the company’s statement as a condition of employment under this Contract.
d. Failure to comply with these requirements may result in suspension of payments under Contract or termination of Contract or both, and Contractor may be ineligible for award of any future City contracts if City determines that any of the following has occurred:
i. Contractor has made false certification, or
ii. Contractor violates the certification by failing to carry out the requirements as noted above.
19. Emergency/Declared Disaster Requirements: In the event of an emergency or if the City of Anaheim is declared a disaster area by city, county, state or federal government, Contract may be subjected to unusual usage. Contractor shall service City during such an emergency or declared disaster under the same terms and conditions that apply during non-emergency/disaster conditions.
The pricing quoted by Contractor shall apply to serving City’s needs regardless of the circumstances. If Contractor is unable to supply the goods/services under the terms of Contract, then Contractor shall provide proof of such disruption and a copy of the invoice for the goods/services from Contractor’s supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from Contractor shall show both the emergency purchase order number and Contract number.
20. Errors and Omissions: All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the professional(s) identified by Contractor as Project Manager and key personnel attached hereto, prior to submission to the City.
Contractor agrees that City review is discretionary, and Contractor shall not assume that the City will discover errors and/or omissions. If the City discovers any errors or omissions prior to approving Contractor’s reports, files and other written documents, the reports, files or documents will be returned to Contractor for correction. Should the City or others discover errors or omissions in the reports, files or other written documents submitted by the Contractor after City approval thereof, City approval of Contractor’s reports, files or documents shall not be used as a defense by Contractor in any action between the City and Contractor, and the reports, files or documents will be returned to Contractor for correction.
21. Equal Employment Opportunity: Contractor shall comply with U.S. Executive Order 11246 entitled, “Equal Employment Opportunity” as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable state of California regulations as may now exist or be amended in the future. Contractor shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition.
Regarding handicapped persons, Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. Contractor agrees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental 424
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handicaps in all employment practices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor agrees to comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future.
Regarding Americans with disabilities, Contractor agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future.
22. Headings: The various headings and numbers herein, the grouping of provisions of this Contract into separate clauses and paragraphs, and the organization hereof are for the purpose of convenience only and shall not limit or otherwise affect the meaning hereof.
23. News/Information Release: Contractor agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from City through City’s Project Manager.
24. Notices: Any and all notices, requests, demands, and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing with a copy provided to the Assigned Buyer, except through the course of the Parties’ Project Managers’ routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid.
Contractor: BPS Tactical, Inc.
Attn: Bill Blankenship
Address 2165 W. Colton Ave.
Mentone, CA 92359
Telephone: (909) 794-2435
Email: [email protected]
City Project Manager: Anaheim Police Department
Attn: Ploy Siriyotin
Telephone: 714-765-1597
Email: [email protected]
Assigned Buyer: City of Anaheim/Central Purchasing Office Attn: Esther Robles
Address 200 S. Anaheim Blvd. Suite 620
Anaheim, CA 92805
Telephone: (714) 765-4093
Email: [email protected]
425
City of Anaheim/CPO
Anaheim Police Department
BPS Tactical, Inc.
External Load Bearing Vests
MA #106-498336
25. Order Dates: Orders may be placed during the term of the Contract even if delivery may not be made until after the term of the Contract. The Contractor must clearly identify the order date on all invoices to City and the order date must precede the expiration date of the Contract.
26. Ownership of Documents: City has permanent ownership of all directly connected and derivative materials produced under this Contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remain the sole property of the City and may be used by the City as it may require without additional cost to the City. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.
27. Permits and Licenses: Contractor shall be required to obtain any and all approvals, permits and/or licenses which may be required in connection with the permitted operation as set out herein. No permit approval or consent given hereunder by City in its governmental capacity shall affect or limit Contractor’s obligations hereunder, nor shall any approvals or consents given by City as a party to this Contract, be deemed approval as to compliance or conformance with applicable governmental codes, laws, ordinances, rules, or regulations.
28. Precedence: Contract documents consist of this Contract and its exhibits and attachments. In the event of a conflict between or among Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the exhibits and attachments.
29. Subcontracting: No performance of this Contract or any portion thereof may be subcontracted by Contractor without the express written consent of County. Any attempt by Contractor to subcontract any performance of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract.
In the event that the Contractor is authorized by the County to subcontract, this Contract shall take precedence over the terms of the Contract between Contractor and subcontractor, and shall incorporate by reference the terms of this Contract. The County shall look to the Contractor for performance and indemnification and not deal directly with any subcontractor. All work performed by a subcontractor must meet the approval of the County of Orange.
30. Substitutions: The Contractor is required to meet all specifications and requirements contained herein. No substitutions will be accepted without prior City written approval.
31. Usage: No guarantee is given by City to Contractor regarding usage of this Contract. Usage figures, if provided, are approximations. Contractor agrees to supply services and/or commodities requested, as needed by City of Anaheim, at rates/prices listed in Contract, regardless of quantity requested.
426
City of Anaheim/CPO
Anaheim Police Department
BPS Tactical, Inc.
External Load Bearing Vests
MA #106-498336
CONTRACT SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed on the dates hereinafter respectively set forth.
CITY OF ANAHEIM
DATE OF EXECUTION: a municipal corporation
By:
Kari Bouffard, Purchasing Agent
DATE OF EXECUTION: BPS TACTICAL, INC.*
By:
Title:
Printed Name:
DATE OF EXECUTION: BPS TACTICAL, INC.*
By:
Title:
Printed Name:
APPROVED AS TO FORM:
ATTEST: ROBERT FABELA, CITY ATTORNEY
By:
City Clerk of Anaheim
By:
Title:
Printed Name: _________
* If the contracting party is a corporation, (2) two signatures are required: one (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above. For City purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above-described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signee to bind the corporation.
427
City of Anaheim/CPO
Anaheim Police Department
BPS Tactical, Inc.
External Load Bearing Vests
MA #106-498336
ATTACHMENT A
SCOPE OF WORK
I. GENERAL INFORMATION
The City of Anaheim is comprised of 13 departments and over 3,200 employees throughout the City.
The City’s core businesses are public safety, public utilities, public works, housing and community development, community services, and economic development.
Contractor shall provide External Load Bearing Vests in accordance with the terms, conditions, and attachments. Additionally, Contractor shall be required to provide or have access to all necessary equipment, machinery, transportation, and other implements to provide the materials and services herein.
II. PRODUCT REQUIREMENTS
Contractor shall provide the following:
A. External Load Bearing Vests:
1. Designed to mimic a Class B uniform shirt for professional appearance.
2. Equipped with functional front buttons, a Velcro closure system, and FirstSpear tubes for adjustability and ease of wear.
3. Tailored to fit each officer and their ballistic panels securely.
4. Includes attachment points for body-worn camera mounts.
5. Durable and secure construction for essential equipment, including radios, handcuffs, tasers, handgun magazines, and additional items.
6. Options for additional side pouches to provide customization based on officers’ needs.
B. Fitting Sessions:
1. On-site fitting conducted at the Anaheim Police Department’s main station facility.
2. Accommodate groups of 8 or more officers per session.
3. Ensure proper fitting for safety, comfort, and optimal performance.
4. Tailoring to fit individual officers and their issued ballistic panels.
5. Provide adjustments as needed during initial fitting sessions to ensure a secure and ergonomic fit.
428
City of Anaheim/CPO
Anaheim Police Department
BPS Tactical, Inc.
External Load Bearing Vests
MA #106-498336
6. Provide training or instruction as needed on proper use, adjustment, and maintenance of the vest carriers and pouches.
7. Offer consultation to ensure the vest setup optimally supports each officer’s operational needs.
III. PERFORMANCE REQUIREMENTS
1. All vest carriers and pouches must meet APD’s specifications for professional appearance, durability, and functionality.
2. Products must be constructed to withstand regular use under field conditions without degradation.
3. Vendor shall ensure all fitting services are conducted professionally and efficiently at APD’s designated facility.
4. Fitting sessions must minimize disruption to APD operations. 429
City of Anaheim/CPO
Anaheim Police Department
BPS Tactical, Inc.
External Load Bearing Vests
MA #106-498336
ATTACHMENT B
PRICING, PAYMENT AND COMPENSATION
1. Compensation: This is a time and materials Contract between City and Contractor for External Load Bearing Vests as set forth in Attachment A, “Scope of Work”.
Contractor agrees to accept the specified compensation as set forth in this Contract as full payment for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by Contractor of all its duties and obligations hereunder. Contractor shall only be compensated as set forth herein for equipment, supplies, accessories, provided in accordance with the Scope of Work. City shall have no obligation to pay any sum in excess of the rates specified herein unless authorized by amendment in accordance with Articles “C” Amendment and “P” Changes, of the City’s Contract Terms and Conditions.
2. Pricing List: Fees quoted shall be all inclusive of all labor, services, skills, supervision, delivery, mileage, fuel surcharge, travel time, materials, necessary tools, routine equipment and for any unreasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the Contractor of all its duties and obligations hereunder.
Description Price
External Load Bearing Vest Carrier - Color: LAPD Blue; Fabric: Vest shall be made from Invista Cordura (1000 Denier with UV inhibitor additive added to the dye to prolong the life of color), mil-spec webbing, Velcro brand hook & loop fasteners, and YKK zippers. Pockets shall be lined with 1050 denier ballistic nylon where needed for strength and durability. All pockets shall be edge bound with 5030 mil-spec binding tapes and double-needle stitched; Features: External Load Bearing Vest includes sewn on chest pockets and additional pouchesfor handcuffs, radio, collapsible baton, magazines(minimum 2) and an accessory pouch; Vest carrier has eyelets for attachment of department issued for Officer's metal badge.; Vest carrier has internal cut outs for proper concealment of Officer's radio wiring; Vest carrier has side flap openings that wrap to the front of the body; Circumference Cummberbund; Fabrics and webbings are custom dyed to a LAPD Blue color specifications with added UV inhibitor additive.; All vest covers shall close from back to front with Velcro elastic and internal side adjustment with approximately 27" of Velcro attachment or Firstspear Tubes closure on each side; Vest shall have no visible MOLLE; Vest shall have an appearance of a Class B uniform shirt; Vest shall be custom fit to vest panel; Vest covers and other products shall be constructed of all U.S. Made Materials and made to the exact specifications of the Anaheim Police Department. All vest covers shall be a sewn-on style with sewn-on pockets. Each vest cover must be custom-made to fit each officer and their ballistic vests; sizes are custom and unique, not generic small, medium, large, etc $658.90
Add a third open top magazine holder with Kydex insert for retention to the vest cover (turns double open top magazine pocket into triple open top magazine pocket) $0.00
Add FirstSpear tubes closures to both sides of vest cover $49.90 Per Vest $708.80
Year One (1) : Contract amount not to exceed $200,000 Year Two (2): If renewed, Contract amount not to exceed $65,000 Year Three (3): If renewed, Contract amount not to exceed $65,000 Year Four (4): If renewed, Contract amount not to exceed $65,000 Year Five (5): If renewed, Contract amount not to exceed $65,000 430
City of Anaheim/CPO
Anaheim Police Department
BPS Tactical, Inc.
External Load Bearing Vests